AGENDA - Special Council - 20101102SPECIAL COUNCIL
MEETING AGENDA
NO.10-25
TUESDAY, NOVEMBER 2, 2010
7:00 P.M.
COUNCIL CNAMBERS
AURORA TOWN NALL
PUBLIC RELEASE
October 29 2010
AURORA
TOWN OF AURORA
SPECIAL COUNCIL MEETING
AGENDA
NO. 10-25
Tuesday, November 2, 2010
7:00 p.m.
Council Chambers
I DECLARATIONS OF PECUNIARY INTEREST
ll APPROVAL OF AGENDA
RECOMMENDED:
THAT the agenda as circulated by the Customer and Legislative Services
Department be approved as presented.
111 CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION
IV READING OF BY-LAWS
RECOMMENDED:
THAT the following listed by-law be given 1st, 2nd and 3rd readings, and
enacted:
5289-10 BEING A BY-LAW to confirm actions by pg.6
Council Resulting from Special Council
Meeting 10-25 on November 2, 2010
V ADJOURNMENT
Special Council Meeting
Tuesday, November 2, 2010
Page 2 of 2
AGENDA ITEMS
CLS10-024 - 2010 Municipal Election/Request for a Recount/Office pg.'
of Councillor
RECOMMENDED:
THAT Council provide direction on the request for a recount.
Special Council Meeting
November 2, 2010
Item 1 - 1
TOWN OF AURORA
AURORA. SPECIAL COUNCIL REPORT
No.CLS10-024
SUBJECT: 2010 Municipal Election/Request for a Recount/Office of Councillor
FROM: John D. Leach, Director of Customer& Legislative Services/Town Clerk
DATE: November Z 2010
RECOMMENDATION
THAT Council provide direction on the request for a recount.
PURPOSE OF THE REPORT.
The purpose of the report is to obtain direction from Council in the request for a recount.
BACKGROUND
A request for a recount has been received (attached). The results of the October 25, 2010 .
municipal election were declared by the Town Clerk on October 28, 2010. A copy of the
certified results for the Office of Councillor is attached. The Municipal Elections Act, 1996
(the Act) provides that within 30 days after the Clerk's declaration of the results Council
_.._. may pass a resolution requiring a recount of the votes cast "for all or.5pecified candidates ..
for an office on the Council." Consequently, as the office that is the subject of the request
is that of Councillor, Council has the option of directing the recount to votes cast for
specific candidates for this office. Although this is technically feasible, it is not
recommended by the supplier of the tabulator equipment. Further the Act provides that a
recount shall be conducted in the same manner as the original count. In this case the
votes were counted by vote tabulators and all votes for all candidates for the office of
Councillor were tabulated. It is recommended that, should a recount be held, the votes for
all Councillors be counted.
Should Council direct that a recount be held, it shall be held within 15 days of the passage
of the resolution directing that the recount be held. Any recount would be conducted in
accordance with the Act and prescribed regulations. In addition the Act specifies that
where a recount is conducted it shall be "in the same manner as the original count".
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Special Council Meeting
November 2, 2010
Item 1 - 2
November 2, 2010 -2- Report No. CS10-024
ALTERNATIVE(S) TO THE RECOMENDATIONS
Council has the option of granting the recount and directing the Clerk to conduct a recount
for the votes cast for the office of Councillor or Council could refuse the request.
FINANCIAL IMPLICATIONS
The financial implications would be minimal as Town staff would be used to conduct the
recount. Any costs would be funded from the election reserve.
CONCLUSIONS
It would be appropriate for Council to provide direction.
ATTACHMENTS
Attachment #1 —Request from Councillor Stephen Granger
Attachment #2 — Certified Election Results
PRE -SUBMISSION REVIEW
Chief Administrative Officer — October 29. 2010
Prepared by: John D. Leach, Director of Legislative Services/Town Clerk ext.
4771
John
of Customer & Legislative Services
Nell Garbe
Chief Administrative Officer
-2-
Special Council Meeting Attachment #1 Item 1 -.3
November 2, 2010
Leach,John
From: Stephen Granger [sgranger@rogers.com]
Sent: October 28, 2010 I A2 PM
To: Leach,John
cc.: Garbe, Neil; Cooper, Christopher
Subject: Request for a recount to be conducted
Dear Mr. Leach:
Further to the official results that have been posted for the Municipal election October 25th,2010, there is
only a 21 vote differential in my eligibility for the 8th Councillor position along with Councillor Wilson who is 28
votes short of the 8th Councillor position.
I would like to formally request a recount of all election ballots to be conducted asap.Please advise how soon
this request can be put before Council for their consideration? I understand there may be time limitation due to the
preparation of the inaugural meeting of December 7th,2010. Appreciate your immediate attention to my request.
Respectfully,
Stephen Granger
Councillor, Town of Aurora
28/10/2010 . - 3 -
Special Council Meeting Attachment #.2
November 2, 2010 .
Item 1 - 4
CERTIFIED ELECTION RESULTS.
1, John D. Leach, Town Clerk, do certify that the attached
is the final election results for the Office of Councillor
for.the Municipal Elections held in the Town of Aurora
on Monday, October 25, 2010.
Dated at the Town of Aurora
this the W day of October, 2010
John D. Leach, c n Clerk and Returning C
ME
Special Council Meeting
November 2, 2010
Item 1 - 5
2010 Municipal Elections
Election Night Voting Results
Official
Voting Districts Reported: 23
For the Office of Councillor
John Abel
5803
7.86 %
Michael Thompson
5336
1.22 %
Evelyn Buck
6317
7.2 %
Sandra Humfryes
5308
7.19 %
John Gallo
4601
6.23 %
Wendy Gaertner
4343
5.88 %
Chris Ballard
4276
5.79 %
Paul Pirrl
4144
5.61 %
Stephen Granger
4123
5.58 %
Al Wilson '
4116
5.57 %
Evelina MdcEachern
4000
5.42 %
Roy Cohen
3917
5.3 %
Brian Duff
3876
5.25 %
Darryl Moore
3445
4.66 %
Milton Hart
Keith Munro
3278
2735
4.44. %
3.7 %
Helen Power
2672
3.62 % i
Jim Abram
2560
3.47 %
Total;
73849
100%
" Elected Candidates in Bold
Page 1 of 1
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Special Council Meeting
November 2, 2010
By-law 5289-10 - 1
THE CORPORATION OF THE TOWN OFAURORA
By-law Number 5289-10
BEING A BY-LAW to Confirm Actions by Council
Resulting From Special Council Meeting 10-25 on
November2, 2010
THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY
ENACTS AS FOLLOWS:
1. THAT the actions of the Council at its Special Council meeting held on
November 2, 2010 in respect to each motion, resolution and other action
passed and taken by the Council at the said meeting is, except where prior
approval of the Ontario Municipal Board is required, hereby adopted ratified
and confirmed.
2. THAT the Mayor and the proper officers of the Town are hereby authorized
and directed to do all things necessary to give effect to the said action or to
obtain approvals where required and to execute all documents as may be
necessary in that behalf and the Clerk is hereby authorized and directed to
affix the corporate seal to all such documents.
READ A FIRST AND SECOND TIME THIS 2nd DAY OF NOVEMBER, 2010.
READ A THIRD TIME AND FINALLY PASSED THIS 2"' DAY OF NOVEMBER,
2010.
PHYLLIS M. MORRIS, MAYOR
JOHN D. LEACH, TOWN CLERK
SSE
ADDITIONAL ITEM FOR
SPECIAL COUNCIL MEETING NO. 10-25
Tuesday, November 2, 2010
— New -item 2 — Excerpt of the Municipal Elections Act, 1996
Provided by Councillor Granger
RECOMMENDED:
THAT Council receive the correspondence.
Page 1 of 1
Municipal Elections Act, 1996
S.O. 1996, CHAPTER 32
Schedule
Consolidation Period: From January 1, 2010 to the e-Laws currency.
Last amendment: 2009, c. 33, Sched. 21, s. 8.
Recount for municipality, local board or Minister
57. 1 Within 30 days after the clerk's declaration of the results,
(a) the council of a municipality may pass a resolution requiring a recount of the votes
cast,
(i) for all or specified candidates for an office on the council,
(ii) for all or specified answers to a question submitted by the council,
(iii) for and against a by-law submitted by the council;
Time for recount
The recount shall be held within 15 days after the day the clerk receives a copy of the
order. 1996, c. 32, Sched., s. 58 (4); 2002, c. 17, Sched. D, s. 22 (2).
Problems re voting and vote -counting equipment
A request for a recount due to problems related to voting and vote -counting
equipment may be made only under this section. 1996, c. 32, Sched., s. 58 (6).
Inclusion of related recount
59.The clerk may conduct, as part of a recount under section 56, 57 or 58 that relates to
an office, a recount of the votes cast for another candidate for that office. 1996, c. 32,
Sched., s. 59.
Pg. 2
Manner of doing recount
60.(1)A recount under section 56, 57 or 58 shall be conducted in the same manner as the
original count, whether manually or by vote -counting equipment, subject to subsection
(3). 1996, c. 32, Sched., s. 60 (1).
****See below* * * However* * *
Order specifying different manner of doing recount
(3)If the judge who orders a recount under section 58 is of the opinion that the manner in
which the original count was conducted caused or contributed to the doubtful result, he or
she may, in the order, provide that the recount shall be held in a different manner and
specify the manner. 1996, c. 32, Schell., s. 60 (3).
Who may be present at recount, election to office
61. 1 The following persons may be present at a recount Linder section 56, 57 or 58 that
relates to an office:
1. The cleric and any other election official appointed for the recount.
2. Every certified candidate for the office.
3. The applicant, in the case of a recount ordered under section 58.
4. For each person referred to in paragraphs 2 and 3,
i. a lawyer, and
ii. one scrutineer for each recount station established by the cleric 1996, c. 32, Sched.,
s. 61 (1).
Declaration
(11) After receiving the order, the clerk shall declare the successfiil candidate or
candidates to be elected or declare the result of the vote with respect to a by-law or
question, as the case may be. 1996, c. 32, Sched., s. 63 (11).
Pg. 3
Right to sit pending final disposition
64.(1)A candidate who has been declared elected under section 55 is entitled to sit and
vote on the council or local board until the recount and all applications Linder this Act
have been finally disposed of and a different candidate has been declared elected. 1996,
c. 32, Sched., s. 64 (1).
Decisions unaffected
(2)Decisions of a council or local board in which a candidate described in subsection (1)
has participated are unaffected even if another candidate is afterwards declared elected as
the result of a recount. 1996, c. 32, Sched., s. 64 (2).
Note for reference here is section 55 below:
Delivery of statement and ballot box to clerk
55.(1)As soon as possible after counting the votes, the deputy returning officer shall,
(a) prepare a statement, in duplicate, showing the results of the election at the voting
place;
(b) place the ballots and all other materials and documents related to the election, except
the original statement of results, in the ballot box;
(c) seal the ballot box so that ballots cannot be deposited in or withdrawn from it without
breaking the seal; and
(d) deliver the original statement of results and the ballot box to the clerk. 1996, c. 32,
Sched., s. 55 (1).
Copies of statement
QA scrutineer or certified candidate is entitled to receive a copy of the statement of
results from the clerk, on request. 1996, c. 32, Sched., s. 55 (2).
Results of election
(3)The clerk shall determine the results of the election by compiling the statements of
results received from the deputy returning officers. 1996, c. 32, Schell., s. 55 (3).
Declaration
(DThe clerk shall, as soon as possible after voting day,
Pg.4 coat.
(a) declare the candidate or candidates, as the case may he, who received the highest
number of votes to be elected; and
(b) declare the result of any vote on a by-law or question. 1996, c. 32, Sched., s. 55 (4).
Examination of documents and materials
(5)Despite subsection 88 (6) (records), the clerk may, if he or she considers it necessary
in order to interpret the statement of results, examine any of the documents and materials
in a ballot box in the presence of the relevant deputy returning officer. 1996, c. 32,
Sched., s. 55 (5).
****end of section 55****