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AGENDA - Council - 20080513COUNCIL MEETING AGENDA N0.08-14 TOESDAY, MAY 13, 2008 7:00 P.M. COUNCIL CHAMBERS AURORA TOWN NALL PUBLIC RELEASE 09/05/08 AumoRA TOWN OF AURORA COUNCIL MEETING AGENDA NO, 68-14 Tuesday, May 13, 2008 7:00 p.m. Council Chambers I DECLARATIONS OF PECUNIARY INTEREST 1l APPROVAL OF AGENDA Ij00]kkyihI,1:11►IW2103 THAT the agenda as circulated by the Corporate Services Department be approved as presented. 111 OPEN FORUM IV ADOPTION OF MINUTES 1. Council Minutes of April 22, 2008, Meeting Number 08-11 pg. 1 2. Special Council - Public Planning Minutes of April 23, 2008, pg. 11 Meeting Number 08-12 3. Special Council Minutes of April 28, 2008, Meeting Number 08-13 pg. 14 RECOMMENDED: THAT the Council minutes of April 22, 2008, meeting number 08-11, Special Council - Public Planning minutes of April 23, 2008 number 08-12 and the Special Council minutes of April 28, 2008, meeting number 08-13 be adopted as printed and circulated. Council Meeting No. 08-14 Page 2 of 6 Tuesday, May 13, 2008 V PRESENTATIONS VI PUBLIC SERVICE ANNOUNCEMENTS Vll DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Vlll ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION IX DELEGATIONS 4. a) Ms Susan Walmer, STORM pg. 17 Re: Lake Simcoe Management Plan and Sheppard's Bush Open House X CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION XI REGIONAL REPORT XII NEW BUSINESS/GENERAL INFORMATION -COUNCILLORS Xlll READING OF BY-LAWS RECOMMENDED: THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 5026-081 BEING A BY-LAW to set and levy the pg. 130 Rates of Taxation for the year 2008. 5030-08.0 BEING A BY-LAW to confirm actions by pg. 133 Council resulting from the meeting of May 13, 2008. Council Meeting No. 08-14 Page 3 of 6 Tuesday, May 13, 2008 XIV CLOSED SESSION Legal and Personal Matters (PACKAGE DISTRIBUTED WITH MAY 6, 2008 GENERAL COMMITTEE AGENDA) RECOMMENDED: THAT Council resolve into a Closed Session to consider legal matters regarding Dical Properties, Aurora Recreation Complex, telephone logs and land sale procedures and personal matters pertaining to a -mails regarding identifiable individuals. XV ADJOURNMENT Council Meeting No. 08-14 Page 4 of 6 Tuesday, May 13, 2008 AGENDA ITEMS 5. Special General Committee Meeting Report No. 08-20 pg. 19 Wednesday, April 28, 2008 RECOMMENDED: THAT the report of the Special General Committee Meeting No. 08-20 be received and the recommendations carried by the Committee be approved. 6. Special General Committee Meeting Report No. 08-21 pg. 20 Wednesday, April 30, 2008 RECOMMENDED: THAT the report of the Special General Committee Meeting No. 08-21 be received and the recommendations carried by the Committee be approved. 7. General Committee Meeting Report No. 08-22 pg. 29 Tuesday, May 6, 2008 RECOMMENDED: THAT the report of the General Committee Meeting No. 08-22 be received and the recommendations carried by the Committee be approved. 8. CS08-020 —Vacancy Office of Councillor pg. 41 RECOMMENDED: THAT Council provide direction on this matter. 9. Memorandum from the Clerk pg. 111 Re: Vacancy of Councillor Office & Reconsideration of Motion (Tabled by Councillor MacEachern) RECOMMENDED: THAT the memorandum from the Clerk regarding Vacancy of Councillor Office & Reconsideration of Motion be received for information. Council Meeting No. 08-14 Tuesday, May 13, 2008 Page 5 of 6 10. Recommendation from Closed Session - May 6, 2008 pg. 114 Re: Appointment Sponsorship/Special Events Assistant (Tabled by Mayor Morris) RECOMMENDED: THAT approval be granted to recruit the proposed incumbent to the position of Sponsorship/Special Events Assistant in accordance with the Town's Administrative Procedure No. 24. 11. E-mail from Director of Public Works pg. 115 Re: Northeast Traffic Calming (Tabled by Mayor Morris) RECOMMENDED: THAT Council provide direction. 12. FS08-021 - 2008 Property Tax Rates and Ratios pg. 117 RECOMMENDED: THAT the property tax ratios and tax rates for the 2008 taxation year be established as follows: Broad Property Class Tax Ratio Tax Rate Residential/Farm 1.0000 0.00377146 Multi -residential 1.0000 0.00377146 Commercial 1.2070 0.00455215 Industrial 1.3737 0.00518085 Pipeline 0.9190 0.00346597 Farmland 0.2500 0.00094286 Managed Forest 0.2500 0.00094286 THAT By-law 5026-08.F establishing the 2008 Property Tax Rates for the Town of Aurora be approved at the Council Meeting scheduled for May 13, 2008. Council Meeting No. 08-14 Tuesday, May 13, 2008 Page 6of6 13. Letter from M.P.P. Jaczek to the Minister of Energy pg. 128 Re: Proposed Construction of 356 Megawatt Power Plant in Northern York Region (Tabled by mayor Morris) RECOMMENDED: THAT the Letter from M.P.P. Jaczek to the Minister of Energy regarding proposed construction of 350 megawatt power plant in northern York Region be received and that Council provide direction. COUNCIL - MAY 13, 2008 ITEM #1-1 AuRoRA TOWN OF AURORA COUNCIL MEETING MINUTES NO. 08-11 Council Chambers Aurora Town Hall Tuesday, April 22, 2008 /rii��IZP[9 COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck, Collins- . Mrakas, Gaertner, Granger, MacEachern (left at 11:20 p.m.), Marsh, McRoberts and Wilson. MEMBERS ABSENT None OTHER ATTENDEES Chief Administrative Officer, Administrative Co- ordinator/Deputy Clerk, Director of Leisure Services, Director of Planning, Director of Public Works, Director of Financial ServiceslTreasurer and Council/Committee Secretary. Mayor Morris called the meeting to order at 7:00 p.m. f DECLARATIONS OF PECUNIARY INTEREST Councillor MacEachern declared an interest in Item 13 pertaining to the Town owned 404-Leslie Street lands, by virtue of a customer -client relationship, and did not take part in or vote on any questions in this regard or attempt in any way to. influence the voting'on such questions.. II APPROVAL OFAGENDA Moved by CouncillorMacEacbern Seconded by Councillor Granger THAT the agenda as circulated by the Corporate Services Department, with the following additional items, be approved: ➢ ADDED ITEM 16 -Report FS08-020 -Budget Adjustment ➢ ADDED BY-LAW 5013-08.F BEING A BY-LAW to amend Municipal Waterworks Distribution By- law 3305-91. as amended. CARRIED 111 OPEN FORUM Ms Sher St. Kitts, Chair of the Canada Day Parade Sub -Committee addressed Council to advise that there are posters being placed in Aurora's schools to promote the Canada Day Parade. Ms St. Kitts advised that the secondary schools are being Informed that students are welcome to participate as judges of the floats for various trophies, and also to gain community hours as volunteers in assisting with the parade in various functions. -1- COUNCIL - MAY 13, 2008 ITEM # 1 - 2 Minutes of Council Meeting No. 08-11 Tuesday, April 22, 2008 Ms. St Kitts advised that the elementary students are encouraged to decorate their tricycles, bikes and wagons to restore the tradition and heritage of the Aurora Canada Day Parade. Ms. St Kitts advised that residents can e-mail auroraparade@ ive.com for further information. IV ADOPTION OF MINUTES Council Minutes of April 8, 2008, Meeting Number 08-10 Moved by Councillor Granger Seconded by Councillor McRoberts THAT the Council minutes of April 8, 2008, meeting number 08-10 be adopted as printed and circulated. PETIENFAC V PRESENTATIONS None VI, PUBLIC SERVICE ANNOUNCEMENTS Councillor Granger advised that the Aurora Farmers' Market will be starting up again on Saturday, May 3, 2008 from 8:00 a.m. to1:00 p.m: at a new location at the Town Park which is located at Wells Street. and. Mosley Street. Mayor Morris advised that today the Town of Aurora launched an official announcement of a purchase agreement with Bull -frog Power. The CAO advised that this cooperative venture with the Region of Yosk is a significant investment toward energy conservation and environmental responsibility. The CAO congratulated Aurora Council and staff for showing leadership by being the first Municipality in York Region to take this initiative to provide clean, emissions -free, renewable energy for Aurora's Town Hall Mayor Morris advised that on Friday. April 18. 2007, Aurora's "Right to Dry" initiative, which was started by the previous Council, was recognized. by the Ontario Government and that the restrictive land use covenants on the hanging of laundry, were officially removed throughout Ontario. Mayer Morris recognized the Ministry of Natural Resources and the Ontario Government for taking on this environmentally friendly initiative. Mayor Morris advised that Saturday, April 26. 2008, is Anti Litter Day. The Mayor thanked the Public Works Department, Leisure Services and the Environmental Advisory Committee for their involvement and hard work planning and managing this event and encouraged residents to come out and participate in the clean-up of various locations around Aurora. Councillor Gaertner advised that Mayor Morris was a significant motivator for the "Right to Dry" campaign and congratulated her on her success. Vll DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 20), 2(19), 3, 4, 5, 6, 9, 10, 11, 12, 13, 14 and 16 were identified for discussion. .2- COUNCIL - MAY 13, 2008 ITEM # 1 - 3 Minutes of Council Meeting No. 08-11 Tuesday, April 22, 2008 VIII ADOPTION OF ITEMS NOT REQUIRING, SEPARATE DISCUSSION Moved by Councillor Collins-Mrakas Seconded by Councillor McRoberts THAT the following recommendations respecting the matters listed as "Items not Requiring Separate Discussion" be adopted as submitted to Council and staff be authorized to take all necessary action required to give effect to same: 1. Special General Committee Meeting Report No. 08-18 Monday, April 7, 2008 THAT the report of the General Committee Meeting No. 08-18 be received and the recommendations carried by the committee be approved. 7. CS08-015 — Revisions to Administration Policies for Salary Classification Schedules & Benefits Adjustments for Full Time Non Union Staff THAT Council approve an economic adjustment to all non union full time staff of 3% per annum effective April 1, 2008 and April 1, 2009 including appropriate benefit adjustments; and THAT a further 1% economic adjustment be provided effective April1, 2007 for 2007; and THAT staff be authorized to update, circulate and implement the revisions to the salary schedule which forms Administration Policy No. 7 in accordance with Council approval. 8. CS08.016 — Revisions to Administration Policies for Salary Classification Schedule for Other Than Continuous Full Time Staff (OTCFT) THAT Council approve an economic adjustment to the Other Than Continuous Full Time (OTCFT) staff salaries of 3% per annum effective April 1, 2008 and April 1, 2009; and THAT a further 1% economic adjustment be provided effective April 1, 2007 for 2007, and THAT staff be authorized to update, circulate and implement the revisions to the salary schedule which forms Administration Policy No. 7 in accordance.with the Council approval. 15. Memorandum from the Director of Public Works Re: Report on Town of Aurora Water Consumption Trends THAT memorandum from the Director of Public Works regarding Town of Aurora Water Consumption Trends be received for information. CARRIED -3- COUNCIL - MAY 13, 2008 ITEM # 1 - 4 Minutes of Council Meeting No. 08-11 Tuesday, April 22, 2008 IX DELEGATIONS a) Mr, Tariq Asmi; Executive Director of the Growing Communities Healthcare Alliance Re: Health Care Mr. Tariq Asmi, Executive Director of the Growing Communities Healthcare Alliance, provided a brief presentation outlining their goal to promote equitable, population -needs -based funding for hospital care in Ontario's high -growth communities, such as the Town of Aurora. Mr. Asmi requested that Council support this initiative by endorsing the proposed recommendation which was submitted by the Growing Communities Healthcare Alliance. Moved by Councillor Buck Seconded by Councillor MacEachern THAT the comments of the delegate be received for information; and THAT the recommendations from the Growing Communities Healthcare Alliance, be adopted at follows: Whereas the high growth communities in Ontario grow at more than twice the rate of the provincial population growth rate, adding more than 100,000 new residents each and every year; and Whereas these regions are also aging at twice the provincial rate; and Whereas population growth in these regions will further intensify due to Ontario's 30-year growth plan, Places to Grow; and - Whereas as of 2008/09 Ontarian's residing in the Local Health _ Integration Networks (LHINs) representing high growth communities are receiving.$258 less per resident for local hospital services when compared to the average Ontarian, which translates into a $1.4 billion annual operating funding gap for local hospital services — and these provincial funding inequities are worsening each year; and Whereas Ontarians living in the GTA/905 are receiving $218 less per resident for provincially funded local social services when compared to the average Ontarian, which translates into a $708 million annual operating funding gap for local provincially funded social services — and these provincial funding inequities also worsening each year; and Whereas the Government of Ontario has acknowledged the growing funding gaps for hospital services in high growth communities by committing during the 2007 provincial election to provide $100 million in additional annual operating funding to high growth hospitals; and Whereas the promise of $30 million in growth funding for 2008/09 still means that the funding gap continues to widen; and Whereas the Government of Ontario has announced that it is developing since 2006 and will implement a new Health Based Allocation Model (HBAM) to allocate new health care resources to Local Health Integration Networks based on patient care needs In a way that will address health care funding inequities in Ontario: Be it resolved that in order to improve timely and local access to hospital care in Aurora, across high growth communities in Ontario, the Town of Aurora asks that; -4- COUNCIL - MAY 137 2008 ITEM # 1 - 5 Minutes of Council Meeting No. 08-11 Tuesday, April 22, 2008 a) The Government of Ontario speed up implementation of its hospital growth funding commitment and provide adequate and ongoing social services growth funding; and b) That the Ministry of Health and Long -Term Care Quickly implement "Health Based Allocation Model" (HBAM) i.e., population -needs - based -funding for provincial health care funding and develop a population -needs -based funding formula for social services; and c) The Government of Ontario Develops a health care and social services growth plan for Ontario to complement Places to Grow; and THAT this resolution be forwarded to the Premier of Ontario, the Minister of Health and Long-Terin Care, the Minister of Finance, the MPP for Newmarket -Aurora, High growth communities Mayors and Chairs, and the Central LHIN. CARRIED b) Director of Financial Services/Treasurer Re: 2008 Operating and Capital Budget • Item 3 The Director of Financial Services reviewed the proposed final Operating and Capital Budget for 2008. Moved by Councillor Wilson Seconded by Councillor Collins-Mrakas THAT the comments of the delegate be received for information. .CARRIED c) Mr. Geoffrey Dawe, Chair, Aurora Public Library Re: 2003 Library Budget — Item 4 Mr. Geoffrey Dawe, Chair of the Aurora Library Board, and Ms Louise Procter Maio, CEO and Secretary Treasurer for the Aurora Public Library, reviewed the " Library's Capital and Operating Budget for 2008. Moved by Councillor Buck Seconded by Councillor MacEachern THAT the comments of the delegate be received for information. CARRIED d) Ms Donna Coker, Resident and Rishma Mirshahi, Resident Re: 2008 Operating and Capital Budget - Item 3 . Ms. Donna Cocker and Ms Rishma Mirshahi thanked the Mayor and Members of Council for their ongoing support of the revitalization of Seston Park, and for keeping it in the 2008 Budget. Ms. Mirshahi advised that there is an active group of citizens who are ready and willing to help out in any way and look forward to - many years of enjoyment of this park when it is restored to, its original beauty. -5- COUNCIL - MAY 135 2008 ITEM # 1 - 6 Minutes of Council Meeting No. 08-11 Tuesday, April 22, 2008 Moved by Councillor MacEachern Seconded by Councillor Wilson THAT the comments of the delegate be received for information. CARRIED X CONSIDERATION Or ITEMS REQUIRING SEPARATE DISCUSSION Moved by Councillor Buck Seconded by Councillor MacEachern THAT Item 4 be brought forward for discussion at this time. CARRIED 4. 2008 Library Budget Moved by Councillor Marsh - Seconded by Councillor Buck THAT the contribution to the Library budget be increased by an additional 0.4% toward the Operating budget and by 1% toward the Capital budget, bringing the total to 5.4%. On a recorded vote the motion was DEFEATED YEAS:4 NAYS:5 VOTING YEAS: Councillors Buck, Collins-Mrakas, Marsh, McRoberts VOTING NAYS: Councillors Gaertner, Granger, MacEachern, Wilson and Mayor Morris Moved by Councillor MacEachern Seconded by Councillor Marsh THAT the 2008 Library Budget be received for information. CARRIED Moved by CouncillorMacEachern Seconded by Councillor Granger THAT Item 10 be brought forward for discussion at this time. CARRIED 10. LS08-024 -- Development of One Senior Baseball Facility Moved by Councillor MacEachern Seconded by Councillor Granger THAT Council receive this report as Information and direct staff to complete the detailed design and servicing plan and specifications process in 2008, at a.cost-of $40,000 and present the item in the 2009 Capital Budget for Council's consideration; and THAT,, given that other recreation facilities will also be constructed on the Burnett lands, consideration be given to the full function of the property to ensure that the lands are efficiently utilized. CAI& ED COUNCIL - MAY 13; 2008 ITEM # 1 - 7 Minutes of Council Meeting No. 08-11 Tuesday, April 22, 2008 Moved by Councillor MacEachern Seconded by Councillor McRoberts THAT Item 16 be brought forward for discussion at this time. CARRIED 16. Report FS08-020 - Budget Adjustment ADDED ITEM Moved by Councillor MacEachern Seconded by Councillor Gaertner THAT the budget be adjusted by increasing the levy by %% to account.for the revenue lost from the closing of the Aurora Bingo Hall, making the annual percentage Increase 5.9%; and THAT the 2008 budget be adjusted by reducing the amount of additional contribution to the capital by 112%, reducing the additional contribution from $230,000 to $95,000. On a recorded vote the motion was DEFEATED YEAS:5 NAYS:4 VOTING YEAS: Councillors Gaertner, MacEachern, Wilson and Mayor Morris VOTING NAYS: Councillors Buck, Collins-Mrakas, Granger, . Marsh and McRoberts Moved by Councillor Gaertner Seconded by Councillor Granger THAT the hour be extended past 10:30 p.m. CARRIED Moved by Councillor Wilson Seconded by Councillor MacEachern THAT the additional contribution of 1% to the Capital reserve be reduced to 0%;and THAT the Corporate Services budget be reduced by $135,000 to account for the revenue lost as a result of the closing of the Aurora Bingo Hall. On a recorded vote the motion was CARRIED YEAS:5 NAYS:4 VOTING YEAS: Councillors Gaertner, Granger, MacEachern, Wilson and Mayor Morris VOTING NAYS: Councillors Buck, Collins-Mrakas, Marsh and McRoberts Moved by Councillor Granger Seconded by CouncillarMacEachern THAT Item 12 be brought forward for discussion at this time. CANED COUNCIL - MAY 139 2008 ITEM # 1 - 8 Minutes of Council Meeting No. 08-11 - Tuesday, April 22, 2008 12. Memorandum from the Director of Corporate Services/Town Clerk Re: Special General Committee Meeting -Council Priority List Review Moved by Councillor Granger ' I Seconded by Councillor Marsh THAT a Special General Committee meeting be convened on Monday, April 28, 2008 at 7:00 p.m., to review the Council Priority List. CARRIED 11, ADMOB-005 - Power Generation and Transformation in the Town of Aurora Moved by Councillor MacEachern Seconded by Councillor Granger THAT report ADM08-005 be received for information. CARRIED 2. General Committee Meeting Report No. 08-19 Tuesday, April 15, 2008 CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION FROM THE GENERAL COMMITTEE MEETING NO 08-19 TUESDAY APRIL 15 2D08 (9) PW08-016 -Award of Tender PW2008.13 - Supply and Delivery of _ 2 Four Wheel Drive, Rubber Tire, Extend-a-Hoo, Backhoe 1 Loaders, Complete with options / Moved by Councillor Wilson Seconded by CouncillorMacEachern THAT Tender Na. PW2008-13 - Supply and Delivery'of 2 Four Wheel Drive, Rubber Tire, Extend -a -Hoe, Backhoe Loaders Complete with Options be awarded to Toromont Cat. for the total tender price of $219,702,72, excluding GST. - - CARRIED (19) Motion from Councillor McRoberts Re: Heritage Interim Program Manager for the Aurora Heritage Centre (Notice of Motion was provided at the April 8, 2008 Council meeting) MovedbyCouncillorMacEachern Seconded by Councillor Collins-Mrakas THAT the resolution be received; and THAT the Director of Leisure Services and Director of Financial Services meet with Cathy Milloy to discuss which tasks should be completed at this time and report back to Council, should an agreeable arrangement not be achieved. CARRIED Moved by Councillor Marsh Seconded by Councillor Collins-Mrakas THAT the balance of the report of the General Committee Meeting No. 08- 19 be received and the recommendations carried by the committee be approved. cAWED COUNCIL - MAY 13, 2008 ITEM #1-9 Minutes of Council Meeting No. 08-11 Tuesday, April 22, 2008 3. 2008 Final Operating and Capital Budget (Budget Material Under Separate Cover) Moved by Councillor MacEachern Seconded by Councillor. Gaertner THAT the 2008 Final. Operating and Capital Budget for the Town of Aurora, as amended at the April 22, 2008 Council meeting be adopted. On a recorded vote the motion was CARRIED YEAS:8 NAYS:1 VOTING YEAS: Councillors Collins-Mfakas, Gaertner, Granger, MacEachern Marsh, McRoberts, Wilson and Mayor Morris VOTING NAYS: Councillor Buck Moved by Councillor Wilson Seconded by Councillor Granger THAT the hour be extended past 11:00 p.m. CARRIED - Councillor MacEachern, having previously declared at interest in Item 13, did not take part in or vote on any questions in this regard or attempt in any way to influence the voting on such questions. 13. Extract from Closed Session Meeting of April 1, 2008 Re: Sale of 40411-eslie Street Town owned Lands Moved by Councillor Wilson Seconded by Councillor Collins-Mrakas THAT the extract regarding Sale of the 404/Leslie Street Lands, presented to Council, be received for Information. CARRIED Councillor MacEachern left the meeting at 11:20 p.m. Moved by Councillor Wilson Seconded by Councillor Granger THAT Items 5, 6, 9 and 14 be deferred to the General Committee meeting on Tuesday, May 6, 2008. CARRIED XI REGIONAL REPORT None XII NEWBUSINESS/GENERAL INFORMATION --COUNCILLORS None -9- COUNCIL - MAY 13, 2008 ITEM # 1 - 10 Minutes of Council Meeting No. 0&11 Tuesday, April 22, 2008 XII1 READING OF BY-LAWS MovedbyCouncillorMarsh - Seconded by Councillor Wilson THAT the following listed by-laws be given 1st, 2nd and 3rd readings, and enacted: 5013,081 BEING A BY-LAW to amend Municipal Waterworks . Distribution By-law 3305-91, as amended. (ADDED ITEM) 5021-08.H BEING A BY-LAW to Accept Ontario Funding for Road and Infrastructure Investment Funding 5022-08.1-1 BEING A BY-LAW to amend By-law 4725-05.1-1, appointment of an Acting Chief Building Official (Marcel Jonker) 5025-08.17 BEING A BY-LAW to establish a schedule of fees for applications, permits, the sale of Town publications, and to prescribe service charges for administrative matters. (Amending ScheduleB—Building Administration) ' 5023-08.0 BEING A BY-LAW to confirm actions by Council Resulting From Council Meeting 08-11 on April 22, 2008. CARRIED XfV CLOSED SESSION Legal and Personal Matters The Closed Session matters were deferred to the General Committee meeting on Tuesday, May 6, 2008. XV 'ADJOURNMENT Moved by Councillor Wilson THAT the meeting be adjourned at 11 `:25 p.m, CARRIED PHYLLIS M. MORRIS, MAYOR K. EWART;DEPUTY CLERK 0 -10- COUNCIL - MAY 13, 2008 ITEM # 2 - 1 / AURORA TOWN OF.AURORA SPECIAL COUNCIL - PUBLIC PLANNING MEETING MINUTES. NO. 08-12 Council Chambers Aurora Town Hall Wednesday, April 23, 2008 ATTENDANCE COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck (arrived at 7:03 p.m.), Collins-Mrakas, Gaertner, Granger, MacEachern, Marsh, McRoberts and Wilson MEMBERS ABSENT None OTHER ATTENDEES Director of Planning, Planner, Director of Corporate ServiceslTown Clerk and Council/Committee Secretary The Mayor called the meeting to order at 7:00 p.m. I DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. . it APPROVAL OFAGENDA Moved by Councillor Wilson Seconded by Councillor Collins-Mrakas THAT the agenda as circulated by the Corporate Services Department be approved as presented. CARRIED Ill PLANNING APPLICATIONS Mayor Morris outlined the procedures that would be followed In the conduct of the public meeting. The Clerk confirmed that appropriate notice had been given and that signs had been posted on the subject property in accordance with the . relevant provisions of the Planning Act. - 11 - COUNCIL - MAY 13, 2008 Special Council— Public Planning Minutes No. 08-12 Wednesday, April 23, 2008 1. PLOB-037 - Application to Amend the Zoning fay -law Imperial Oil Ltd. Part of Lot 21, Concession 2 1472 Wellington Street East File: D14-02-08 Planning_Sta_ff The Planner provided a description of the application and reviewed the contents of the report, outlining the location of the property and current uses of the subject and surrounding lands. The Planner advised that Imperial Oil Ltd. has submitted a zoning by-law amendment application to permit a Tim Horton's drive-thru/take- out restaurant as an additional permitted use to the, existing convenience store. The Planner outlined_ the following proposed modifications to the approved site plan: • a drive-thru lane proposing 12 stacking spaces between the existing building and the Wellington Street East and Leslie Street frontages • elimination. and relocation of 7 existing required parking spaces to accommodate the drive thru stacking lane • the deletion of the 2 vacuum spaces as required parking spaces; as they do not meet the definition of a parking space • the relocation of a total of 9 required parking spaces being proposed along the west property line and the addition of spaces in the car wash area • redesign of the walkway from Wellington Street East and the intersection to Wellington Street East to the convenience store/take out restaurant • additional landscaping along the Wellington Street East and Leslie Street frontages. • modifications to the fagade of the convenience store/take qut restaurant • proposed feature wall at the intersection • other minor modification and technical matters to be finalized through the plan amendment review process Applicant/Agent .. Mr. Don Dussault, Manager, Real Estate Development — Imperial Oil Limited addressed Council to provide details of the proposal and to seek Council's approval for a zoning by-law amendment. Mr. Dussault advised that the car wash area and gas pumps would remain as is, and that a vacant room is already available for the proposed Tim Horton's, which was initially built with the intention of adding a drive-thru: Mr. Dussault also indicated that 9 new trees and 184 shrubs. would be added, as well as a stone wall and improved grading. Pertaining to the full service gas station issue, Mr. Dussault advised that the design as built includes accessibility for disabled persons and that a program is in place to allow disabled customers tophone ahead for an appointment. As well, on -site signage to advise of the full service option could be posted. Public Comments There were no members of the public in attendance to comment on the application. Moved by.Councillor Wilson Seconded by CouncillorMacEachern THAT the application be approved in principle, subject to the resolution of outstanding issues. ITEM # 2 - 2 CARRIED - '12 - COUNCIL- MAY 13, 2008 ITEM # 2 - 3 Special Council - Public Planning Minutes No. 08-12 Wednesday, April 23, 2008 Moved by Councillor McRoberts Seconded by Councillor Wilson THAT, in accordance with Section 2.5 of the Procedural By-law, a Closed Session be convened to discuss a personal matter pertaining to an identifiable individual. CARRIED IV READING OF BKLA WS Moved by Councillor Collins-Mrakas Seconded by Councillor Gaertner THAT the following listed by-law be given 1s` 2nd and 3`d readings, and enacted: 5024-08.0 BEING A BY-LAW to Confirm Actions by Council Resulting From Special Council — Public Planning Meeting 08-12 on April 23, 2008. CARRIED V. ADJOURNMENT 'Moved byCouncillor Wilson THAT the meeting. be adjourned at 7:50 p.m. CARRIED PHYLLIS M. MORRIS, MAYOR BOB PANIZZA, TOWN CLERK -13- COUNCIL - MAY 133 2008 ITEM # 3 - 1 AURORA REVISED TOWN OF AURORA SPECIAL COUNCIL MEETING MINUTES NO. 08-13 Council Chambers Aurora Town Hall Monday, April 28, 2008 ATTENDANCE COUNCIL MEMBERS Mayor Morris in the Chair; Councillors Buck, Collins- Mrakas, Gaertner, Granger, MacEachern, McRoberts and Wilson MEMBERS ABSENT None OTHER ATTENDEES Chief Administrative Officer, Director of Corporate Services/Town Clerk, and Council/Committee Secretary Mayor Morris called the meeting to order at 7:00 p.m. I DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. II APPROVAL OF AGENDA Movedby Councillor MacEachern Seconded by Councillor McRoberts THAT the agenda as circulated by the Corporate. Services Department, with the following additions, be approved: ➢ 2006 Municipal Election Official Results _ Y Draft By-law to appoint a person to fill the vacancy for the Office of Councillor i' Letters, regarding the process for selection of a new Councillor • Greg Way - Simmons Crescent, Aurora • Alex Ansell, Resident - CARRIED -14- COUNCIL - MAY 13, 2008 Minutes Of Council Meeting No. 08-13 Monday, April 28, 2008 . III ITEM REQUIRING DISCUSSION 1. CS08-019 —Vacancy Office of Councillor Moved by Councillor Buck Seconded by councillorCollins•Mrakas THAT the Council seat formerly held by Councillor Grace Marsh be declared vacant. On a recorded vote the resolution was CARRIED, YEAS: 8 NAYS: 0 VOTING YEAS: Councillors Buck, Collins-Mrakas, Gaertner, Granger, MacEachern, McRoberts, Wilson and Mayor Morris VOTING NAYS: None Moved by Councillor Buck Seconded by Councillor Collins-Mrakas THAT a by-election be called to fill the vacant Councillor's office. On a recorded vote, as the result of a tie, the motion was DEFEATED. YEAS: 4 NAYS: 4 VOTING YEAS: Councillors Buck, Collins-Mrakas, McRoberts, Wilson VOTING NAYS: Councillors Gaertner, Granger, MacEachern and Mayor Morris Moved by Councillor Wilson Seconded by Councillor MacEachern THAT Council appoint the 9`h individual that was in the November 2006 election, A subsequent motion to defer was made: Moved by Councillor Gaertner Seconded by Councillor Buck THAT this motion be deferred to the next Council meeting. Moved by Councillor McRoberts Seconded by Councillor Collins-Mrakas THAT the Town Clerk obtain legal advice to clarify Council's options in relation to the Procedural By-law vis a vis the Municipal Act. " CARRIED ITEM # 3 - 2 REVISED -15- COUNCIL - MAY 13, 2008 Minutes of Council Meeting No. 08-13 Monday, April 28, 2008 IV READING OF BYLAWS Moved by Councillor Buck Seconded by Councillor Wilson THAT the following listed by-law be given 1st, 2nd and 3rd readings, and enacted: 5028-08.0 BEING A BY-LAW to Confirm Actions by Council Resulting From Special Council Meeting 08-13 on April 28, 2008. V ADJOURNMENT Moved by Councillor Buck THAT the meeting be adjourned at 8:07 p.m. CARRIED PHYLLIS M. MORRIS, MAYOR BOB PANIZZA, TOWN CLERK ITEM # 3 - 3 REVISED -16- COUNCIL MAY 133 2008 ITEM #4-1 Panizza, Bob From: Susan Walmer, Sent: Thursday, May 08, 2008 12:50 PM To: Panizza, Bob Cc: Bill Thompson; Rogers, John; MacEachern, Evelina Subject: Presentation to Council on May 13th - LSRCA and STORM Attachments: Shep flyer.pdf -- Please include a delegation/presentation for 10 minutes on the Council agenda for Lake Simcoe Management Plan and Sheppard's Bush Open House. We would like to inform Council and the public of the upcoming Management Plan for Sheppard's Bush, The Town also agreed at our last LSRCA Committee meeting April 25th to include notice and information on this event through the Town's noticeboards (newspaper and electronic) , website and community building noticeboards. I have attached the LSRCA notice. Thanks Sue Walmer STORM 5/8/2008 - 1 Ci 18- COUNCIL - MAY 13, 2008 ITEM #5-1 f AvwoRA TOWN OF AURORA SPECIAL GENERAL COMMITTEE MEETING MINUTES NO. 08-20 Council Chambers Aurora Town Hall Monday, April 28, 2008 ATTENDANCE COMMITTEE MEMBERS Mayor Morris In the Chair; Councillors Gaertner, Granger, MacEachern, McRoberts and Wilson' MEMBERS ABSENT Councillors Buck and Collins-Mrakas were absent. OTHER ATTENDEES Chief Administrative Officer, Director- of Corporate Services/Town Clerk, and Council/Committee Secretary: Mayor Morris called the meeting to order at 8:17 p.m I DECLARATIONS. OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. General Committee recommends: THAT the items on this agenda be deferred to a future meeting. CARRIED IV ADJOURNMENT General Committee recommends: THAT the meeting be adjourned at 8:23 p.m. CARRIED THE REPORT OF THE SPECIAL GENERAL COMMITTEE MEETING 08-20 IS SUBJECT TO FINAL. APPROVAL AT COUNCIL ON TUESDAY, MAY 13, 2008. PHYLLIS M. MORRIS, MAYOR BOB PANIZZA, TOWN CLERK -19- COUNCIL - MAY 139 2008 ITEM # 6 - 1 AUR9RA TOWN OF AURORA SPECIAL GENERAL COMMITTEE MEETING MINUTES NO. 08-21 Council Chambers. Aurora Town Hall Wednesday, April 30, 2008 ATTENDANCE COMMITTEE MEMBERS Mayor Morris in the Chair; Councillors Buck, Collins- Mrakas, Granger, MacEachern, McRoberts and Wilson MEMBERS ABSENT Councillor Gaertner was absent and one vacant office OTHER ATTENDEES Chief Administrative Officer, Executive Assistant to the CAO, Administrative Co-ordinator/Deputy Clerk and Council/Committee Secretary Mayor Morris called the meeting to order at 7:00 p.m. I DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. 11 APPROVAL OFAGENDA General Committee recommends: THAT the agenda as circulated by the Corporate Services Department, with the following additional item, be approved: ➢ Correspondence from Mr. Leonard Chen, resident Re: Proposed Power Generation in northern York Region CO7_1•.7'Urmno RI BRIEFING AND INTRODUCTIONS Mayor Morris provided a brief over view of the matters under discussion, and introduced the moderator, Mr. Geoffrey Dawe of Quality integrators Corporation, and each of the following Panel Members: Mr. Jack Gibbons, Chair, Ontario Clean Air Alliance (OCAA), Mr. Ted Wojo nski, Director Engineering Planning, PowerStream • Mr. David Butters, President, Association of Power Producers cf Ontario (APPO) • Ms JoAnne C. Butler, Vice -President, Electricity Resources Ontario :Power Authority (OPA) -20- COUNCIL - MAY 13, 2008 General Committee Report No. 08-21 Wednesday, April 30, 2008 IV SPECIAL PRESENTATION Mr. Jim Baird, Commissioner of Development Services for the Town of Markham, addressed the Committee on behalf of the Markham/Aurora Hydro One Task Force. Mr. Baird advised that Markham and Aurora have been working together on this issue since 2004 and that the MarkhamlAurora Hydro One Task Force was pivotal in stopping the proposed expansion of Hydro transmission lines through residential neighbourhoods. Mr. Baird provided a detailed history of the background of this issue and advised that the Task Force supported the 2005 OPA"Integrated Solution", and continues to support local generation, rather than to fall back to upgrading the transmission lines.. Mr. Baird advised that the Task Force fully supports the OPA process to implement an integrated solution. V PANEL DISCUSSION The moderator, Mr. Geoffrey Dawe of the Quality Integrators Corporation, advised that each of the panellists will be permitted 10 minutes to deliver their opening statements, with an additional five minutes at the end to give each panellist an opportunity for a rebuttal. . Mr. Dawe introduced the parielltsts and they each presented their opening comments: Mr. Jack Gibbons, Chair, Ontario Clean Air Alliance (OCAA) Mr. Gibbons advised that the highest peak times for power generation would most likely be during the hottest. still days during the summertime. Mr. Gibbons advised that there are three options available to the residents of Aurora, to address the need for electricity during these peak times, which . would be: (a) upgrading the transmission lines from Markham to Newmarket to address the current power generation, needs, for which the impacted residents have already firmly expressed their opposition; (b) building a large simple -cycle gas fired power plant in northern York Region, which would be immensely costly and inefficient; which is the current proposal from the Minister of Energy; (c) initiating a balanced combination between energy conservation. and demand management, new renewables located in York Region and a high efficiency small-scale natural gas fired power generation plant. Mr. Gibbons advised that a gas fired power plant would be expensive, inefficient and would emit greenhouse gasses. Mr. Gibbons advised that he strongly supports option (c) which would step up conservation strategies, initiatives and programs, such as the Peak Saver program offered by PowerStream or the Demand Response Program that is run by Rodan Energy for large businesses and corporations, in conjunction with the construction of a high efficiency small-scale natural gas fired generation plant. Mr. Gibbons suggested that, through conservation education and incentive programs, people would be able to re -think the way they consume energy and shift toward combined heat.and power as well as renewable energy sources such as geothermal technology, solar power, hybrid furnaces and wind -farm resources among others, some of which may yet be discovered as research in this field improves. ITEM # 6 - 2 -21- COUNCIL - MAY 13, 2008 ITEM # 6 - 3 General Committee Report No. 08-21 Wednesday, April 30, 2008 Mr. Ted Wolcinski, Director Enaineerina Plannina. PowerStream Mr. Wojcinski advised that PowerStream is the local electricity distributer supplying energy to Vaughan, Markham, Richmond Hill and Aurora, planning and constructing the distribution infrastructure providing power from the bulk transmission system to the end user, Mr. Wojcinski provided an .outline of what PowerStream Is doing to address Conservation Demand Management, transformer station capacity and load growth in Aurora. Mr. Wojcinski outlined various conservation programs such as the peak saver program, the "Great Refrigerator Round -up", Electricity Retrofit Incentive Program for large businesses, Summer Savings program for residential users, as well as many public awareness and education programs. Mr. Wojcinski advised that these programs in 2007 resulted in a savings of approximately 15 mw of peak demand energy and it is anticipated that with the same programs and incentives there will be a savings, this year, of 2.510 3 mw of energy conservation. Mr. Wojcinski advised that the Holland Transformer Station is anticipated to be operational in the spring of 2009, and he advised that PowerStream will not be taking feeders from that station. directly, however two feeders will be taken from the Armitage Transformer Station as a result of Hydro One and Newmarket Hydro receiving some of their supply from Holland Junction. Mr. Wojcinski outlined typical contribution to the peak demand and advised of the projected load growth potential as a result of the anticipated industrial and commercial growth in Aurora over the next nine years resulting in an annual growth rate of approximately 3.6%. Mr. Wojcinski concluded by advising that growth is continuing and must be managed responsibly noting that Conservation Demand Management can only be part of the solution and that the northern York Region Supply Study recommended a comprehensive solution to the growth and reliability issues in northern York Region. Mr. David Butters President, Association of Power Producers of Ontario (APPrO) Mr. David Butters thanked Mayor Morris, Council and staff for setting up this public forum to allow the residents to ask questions and gain a better understanding of these complex and significant issues in the fullest context. Mr. Butters advised that the Association of Power Producers of Ontario (APPrO) is a trade association that represents virtually all of the power generation companies across Ontario, and its members produce electricity using every type and size of power plant generating every source of electricity available on the market today. - Mr. Butters advised that the key issue being discussed at this meeting is the need to provide reliable, uninterrupted power for northern York Region. Mr. Butters explained that the demand on power Is increasing across the province and it is an ongoing challenge for municipalities to meet the mandated standards for peak demand and avoid the high cost of adding new infrastructure. Mr. Butters advised that northern York Region is growing at a much higher rate than the rest of the Greater Toronto Area, at a rate of at least 3% per year. Mr. Butters advised that APPrO supports the construction and management of the proposed peaking generation plant, simply because the current level of power generation in York Region is not meeting the existing peak demand levels for the area and as the Region continues to grow the strain on the existing inadequate system is excessive and there is a already serious risk of power outages. Mr. Butters advised that it is the - educated opinion of APPrO, that the most appropriate option to address this situation would be through Conservation and Demand Management and to construct a peaking facility in northern York Region, which will only be I perational during the highest power consumption "peak -periods" of the year producingclean energy at a red4Glnable cost COUNCIL - MAY 135 2008 General Committee Report No. 08-21 Wednesday, April 30, 2008 Mr. Butters advised that this is a very real issue and must be addressed now; and the size of the proposed peaking generation plant is appropriate and necessary to be able to handle the load, at those peak times, responsibly and reliably. Mr. Butters concluded by. advising that the proposal for this plant is the result of community consultation which involved residents, staff, local utilities, Ontario Clean Air Alliance, 'Town Officials and experts of the ISO and OPA who manage Aurora's power every day. Ms JoAnne C. Butler Vice -President Electricity Resources Ontario Power Authority (CPA) Ms Butler advised that, on behalf of the Ontario Power Authority (OPA), she would do her best to address all of the issues and outstanding concerns and questions pertaining to this important matter. Ms. Butler advised that northern York Region is currently well below the performance standards set by the North American Operability Councils, and the proposed limited use facility is the best facility to.provide what is needed when it Is needed for.the most competitive price with the smallest overall impact. Ms. Butler advised that of the many types of power generation available, the proposal on the table is the most appropriate and applicable to this situation. Ms. Butler advised that the OPA is currently considering 5 different proponents who are all very highly regarded in the industry and very qualified for this project. Ms. Butler advised that the consultative process, which was conducted to address the clear need for improved power supply in northern York Region, resulted in a four pronged solution which includes: ITEM # 6 - 4 1) stronger energy conservation and demand management strategies which \ have been implemented and have resulted In a savings of 17 mw of power in 2007 and the OPA hopes to increase that savings by an additional 11 mw this year, and next 2) the installation of capacitors which has been implemented and has alleviated stress on the system, 3) the construction of a new transformer station which is being built at theHolland Junction, and 4) the construction of a new power generation station which is being discussed at this forum. Ms. Butler reviewed the procurement process for the proposed peaking plant which involved the issuing of a Request for Qualifications, which has now closed and resulted in the selection of 5 qualified proponents to compete in the next phase. Ms. Butler advised a Request for Proposals will be issued in May, 2008 and will required from each of the proponents, detailed design work, engagement with the community (planning, environmental assessment and public meetings), site finalization and details and finally the proposals must be submitted in October of 2008. Ms. Butler advised that the stack heights would range from 50 ft to 200 ft, likely 100 ft or less depending on the site selected. Ms. Butler advised that if water is used at the peaking plant it would mainly be used for emissions control during operation of the plant which would be approximately 10% of the time, and the plant would be fuelled by natural gas which is one of the cleanest fossil fuels for power generation, adding that the types of .emissions would be similar to an average home furnace, and cleaner than a car. -23- COUNCIL MAY 139 2008 General Committee Report No. 08-21 Wednesday, April 30, 2008 V1 FACILITATED DISCUSSION BETWEEN THE DELEGATION/PANEL MEMBERS -REBUTTALS Mr. Gibbons advised, in response to the comments made by the other panellists, that the demand for energy in Ontario has fallen in the last year and is expected to fall again this year because the conservation programs are working. Mr. Gibbons suggested that the demand will continue to fall, as these programs are intensified. Mr. Gibbons advised the existing power supply in northern York Region meets the Independent Electricity System Operator's Standards of Reliability. Mr. Gibbons advised that, rather than choose a large inefficient power plant, Aurora should go with a balanced combination of energy conservation, renewables and a small scale high efficiency gas generation plant. Mr. Wojcinski advised that Conservation Demand Management can only be part of the solution to address the continuing growth in northern York Region and that it is crucial that the energy demand must be managed responsibly and with full reliability. Mr. Butters advised that the decision togo to tender. for this power plant was not a choice made by Energy Minister Gerry Phillips. Rather, it is the result of the work done by the Ontario Power Authority in the community which led the Minister of Energy to issue the directive to go ahead with this project. Mr.. Butters advised that renewable power is a great new direction and is being used more and more, however it is not reliable power because the sun and the wind are not consistent. resources. Mr. Butters advised that it is important when planning a system which must be reliable, that the source of energy is always available, even if the use is infrequent. A peaking facility which will only be running .10% of the time is the most efficient, reliable and emission friendly option to address the needs of this community. Ms Butler concluded by expressing the fundamental need to address the demand and it must be completely reliable, and this plant will be only used when it is absolutely needed. All of the other times it will be dormant. V11 QUESTIONS FROM PUBLIC A summary of the questions and responses from panellists is provided below: QUESTION #1- Mr. Richard Johnson Mr. Johnson expressed concern about possible inaccuracies of some information that Mr. Gibbons has been circulating through various interest groups, with respect to proposed stack heights being exaggerated, water use being exaggerated and reference to the emissions .from the. proposed plant as being "dirty". RESPONSE: Mr. Gibbons advised that energy efficiency should come first and that there are cleaner options at a lower cost available. QUESTION #2- Mr. Denis Heng li has been stated that the emissions and cost of the peaking facility are reasonable because the proposed facility is intended to operate less than 10% of the time, however would it possible that down the road, the facility may be used for extended periods of time to address an unforeseen higher demand? If this were to happen what would the economic and environmental impact be? ITEM # 6 - 5 -24- COUNCIL - MAY 139 2008 ITEM # 6 - 6 General Committee Report No. 08-21 Wednesday, April 30, 2008 RESPONSE: The Panel advised that the proposed peaking facility is designed and intended to always serve as a back-up power source for short -periods of time in extreme weather or high -peak -demand circumstances. The plant will be built under a strict contract with the OPA, which will dictate the terms of operation of this facility. If the proponent wished to increase the use of the plant it 'would become economically wiviable and it would not be in the best interest of the proponent to change the conditions of the contract and incur such a large expense, It was also advised that there is no law dictating the amount of time for running a peaking facility, therefore it is not impossible that the facility could be used for extended periods of time to address an unforeseen higher demand. QUESTION #3- Chaissarov Radi Not present when name was called. QUESTION #4- Ms Josee Pirri If the proposed facility is built on Bloomington Road', how excessive will the carbon dioxide emissions be, and considering the tendency for air to hover on hot, windless days, when this plant will be likely used, what are the health impacts an the residents in the immediate vicinity of the facility? What is the kv transmission capacity for the cables in the existing transmission corridor? Can the existing transmission lines handle the 350 mw current which would be coming from the proposed plant, or would they have to be upgraded? RESPONSE: The Panel advised that, with respect to the emissions, the Ministry of Environment will j dictate and monitor the emissions dispersion models and levels coming from the facility when in use and that their health standards must be adhered to at all times or the plant will not be permitted to run. With regard to the power lines, the existing lines within the York Region Corridor do not have the capacity to transmit the level of power necessary to meet the existing demand. Therefore, it will be necessary to build an additional set of ..redundant" power lines, or upgrade the current lines in order to carry the additional power from the peaking facility to the existing power grid when the additional power is necessary. QUESTION #5 - Mr. Henry Chiang Why would Aurora be considered for the proposed plant? It is assumed that small gas generated peak station would be used for a small percentage of the time, can it be guaranteed that the station will never be upgraded to a larger full-scale 724 mw power facility? Who monitors the levels of pollutants emitted from the peak station? RESPONSE:: The Panel advised that the OPA has just concluded the qualifications phase and that there are 5 companies currently being considered for the project, of those five companies, there are numerous sites proposed throughout York Region, therefore it Is not necessarily going to be in Aurora. The proponents are going to be required to work with the municipalities to determine site selection, zoning and interconnections, permits and licenses. This contract proposal is for a small scale peaking plant, in order to upgrade to a large scale power facility, the proponent would need to incur enormous cost to the proponent and to the consumer, and enter into a completely new contract with the OPA. The pollution emissions will be monitored continuously by the Ministry of Environment who have very strict and specific standards thatznust be adhered to. COUNCIL - MAY 139 2008 General committee Report No. 08-21 Wednesday, April 30, 2008 Conservation is the lowest cost option. With respect to the certificate of approval from the Ministry of Environment, there are many heavy polluters in Ontario which have a certificate of approval from the Ministry of Environment. QUESTION #5 - Mr. John Green If a 350 mw plant is going to be built near a residential area, how large will the footprint be? How loud will the noise emissions be? RESPONSE: The Panel advised that the actual footprint of the plant will be around 2 to 4 hectares, approximately the same as an average warehouse box type store with parking lot included. It was noted that the amount of land purchased for this facility, and how the land is designed or used is up to the proponent. Residents were invited to visit an existing plant of this nature, such as the Portland Energy Centre in Toronto or the Markham District Energy Plant located in the heart of Markham, to become more aware of the size and atmosphere of such a plant. Pertaining to the noise emissions, there are strict.guidelines imposed by the Ministry of Environment and there are insulation standards which will minimize the sound frequency and levels to comply with Ministry standards as well as adhere to provincial health and safety standards. QUESTION #7 - Mr. Peter Piersol With the impending effects of global warming on the environment, it is anticipated that future generations will be functioning in a 'carbon constrained society", and therefore meeting the current or proposed peak demand energy levels could become an impractical luxury, considering the resulting additional carbon emissions from the peaking plant. Howis this being taken into consideration while considering. the installation of this facility? RESPONSE: The Panel advised that Ontario has taken the lead as the first province to mandate the phasing out and eventual elimination of the use of dirty coal, which currently represents a large percentage.of power generation in Ontario. Therefore it is crucial that power generation companies in Ontario find alternative sources of energy production that are financially viable and feasibly attainable, such as wind and water.-. It was also speculated that as,trends continue, a carbon management fax may be Implemented to address the way energy is priced and used, as a means to reduce wastage of electricity and help fund research for alternate renewable power sources. It was also explained that conservation is the best way to save on carbon emissions and wasted energy, .reducing greenhouse gas emission, and saving costs for the end users. QUESTION 48 - Mr. Steve Sutherland Mr. Sutherland suggested that the Mayor insist that half ownership of the plant should belong to the Town of Aurora, in order to prevent any possibility of the plant being used on a full-time basis. Mr. Sutherland also suggested that the demand on hydro will intensify with the high cost of peak oil resulting in the increased use of rechargeable electric alternatives. RESPONSE: The Panel advised that the demand will increase on electricity as a result of the need to move away from the use of crude oil, such as the use of electricity to crack water to create hydrogen power. it was advised that fossil fuels are non-renewable, therefore this type of peaking plant would not be a financial or environmental benefit if it were to run for any significant period of time. - 26 - ITEM #6-7 COUNCIL - MAY 139 2008 General Committee Report No. 08-21 Wednesday, April 30, 2008 QUESTION #9 - Mr. Michael Evans If the residents don't want the plant, what happens then? RESPONSE: The Panel advised that if the residents don't want the plant, they should make that message very clear to the Minister of Energy, Gerry Phillips, who is the authority who gave .the direction to construct this plant. The panel also advised that the current system in this area is not meeting the minimum reliability standards for electricity supply systems in North America. It was advised that it would be hard to say what would happen if opposition is too strong to have the plant constructed in Aurora, however the mandate exists that it must be built, or transmission lines will have to be upgraded. - QUESTION #10 - Mr. Jim Harris With the existing power lines being low capacity and outdated, how will they be able to carry the new current from the proposed peaking plant to the main line and what are the chances of serious damage from extreme weather conditions. RESPONSE: The Panel advised that the transmission lines linking the proposed peaking plant to the main power lines -at the Armitage Transfer Station will be regularly maintained, and the likelihood of any weather damage happening simultaneously with the activation of the peaking plant is not very strong. QUESTION ##11 - Mr. Tom Martin If it is necessary to build a peaking plant, that is half the size of a nuclear power plant, and to upgrade some of the transmission lines, why is it necessary to. make it sobig? And why would it be in Aurora. RESPONSE: The Panel advised that the proposed peaking plant cannot be compared to a nuclear power facility as they work in completely different ways. A nuclear power plant uses nuclear fuel to heat water which moves turbines to generate power and they are operational on a full-time basis. The panel also reiterated that there are 5 companies currently being considered for the project, of those five companies, there are numerous sites proposed throughout York Region, therefore it is not necessarily going to be in Aurora. Mr. Gibbon advised that in a 2005 the OPA submitted a report to the Ontario Energy Board, Mr. Gibbon explained that within this report it was stated that the maximum amount of power needed will be 140 mw, if it is connected to the high -voltage transmission system. SUMMATIONS Each of the panellists provided closing comments which summarized various key points from their opening comments and from the question period. In summary, Mayor Morris advised that the final location of the proposed power generation facility is still undetermined, therefore it is unknown whether the proposed facility will be located in Aurora. Mayor Morris suggested that Council direct staff to prepare a summary of the questions and answers posed this evening; and that the a -mail addresses of the OPA be posted on the Town's website, to allow residents to send in their questions and obtain answers. ITEM #6-8 . 27 - COUNCIL - MAY 137 2008 General Committee Report No. 08-21 Wednesday, April 30, 2008 Mayor Morris requested that the PowerPoint Presentations shown at this meeting be made available to Council and to the public, and Mayor.Morris also suggested that Council direct staff to bring back this information in the form of a report for Council consideration. The CAO advised that the Town of Aurora website has a page dedicated. to the OPA Power Generation issue, and further advised that on that site there are links to background reports, extracts of Council decisions, contact information for the OPA and background information posted, as well as a forum for residents to send in their questions, which would-be directed to the appropriate people to follow-up. Mr. Rogers advised that the PowerPoint presentations from this meeting and follow up information will be posted on this site. General Committee recommends: THAT the questions and answers be summarized by staff and brought back to a Council or General Committee meeting; and THAT the questions which were not asked also be provided to Council so that answers may be obtained and provided under separate cover. CARRIED Vlll ADJOURNMENT General Committee recommends: THAT the meeting be adjourned at 10:00 p.m. CARRIED THE REPORT OF THE GENERAL COMMITTEE MEETING 08-21 IS SUBJECT TO FINAL APPROVAL AT COUNCIL ON TUESDAY, AAAY 13, 2008. AHYLLIS M. MORRIS, MAYOR KAREN EWART, DEPUTY CLERK ITEM #6-9 . 28 - COUNCIL - MAY 13, 2008 ITEM # 7 - 1 AunoRA TOWN OF AURORA GENERAL COMMITTEE MEETING MINUTE'S NO. 08-22 Council Chambers Aurora Town Hall Tuesday, May 6, 2008 ATTENDANCE COMMITTEE MEMBERS Councillor. MacEachern in the Chair; Mayor Morris, Councillors Buck, Collins-Mrakas, Gaertner (left at 8:00 p.m. and returned at 10:23. p.m.), Granger, McRoberts and Wilson MEMBERS ABSENT (1 vacant office) OTHERATTENDEES Chief Administrative Officer, Director of Corporate Services/Town Clerk, Director of Leisure Services, Director of Planning, Director of Public Works, Director of Financial Services/ Treasurer, and Council/Committee Secretary. Councillor MacEachern called the meeting to order at 7:00 p.m. I DECLARATIONS OF PECUNIARY INTEREST There were no declarations of pecuniary interest under the Municipal Conflict of Interest Act. Councillor MacEachern declared an interest regarding item 4 on the Closed Session agenda and advised that she would not be participating in the discussion. 11 APPROVAL OF AGENDA General Committee recommends: THAT the agenda as circulated by the Corporate Services Department, with the following additional items, be approved: ➢ Delegation b) — Change in Speaker Mr. Larry Palmer, Executive Director Community Living ➢ Additional information— Delegation c) New Delegation d) Mr. Don Dussault—Manager, Real Estate Development Imperial Oil Limited Re: Item 17 - PL08-039 — Full Service Gasoline Pumps ➢ New Delegation e) Mr. Claudio Brutto -- Re: Item 14 - PL08.034 —Approval of Regional Official Plan Amendment No. 53 for the Aurora 2C Planning Area -29- COUNCIL - MAIPGi'3rai, Y%Ittee Report No.08-22 Tuesday�,lGl'a"y 6, 2008 ➢ New Item 31 LSAC08-04 — Leisure Services Advisory Committee Meeting Minutes April 17, 2008 CARRIED III ADOPTION OF PREVIOUS MINUTES Special General Committee Meeting Minutes, 08-18, April 7, 2008 General Committee Meeting Minutes, 08-19, April 15, 2008 General Committee recommends: THAT the Special General Committee Meeting minutes 08-18 and the General Committee Meeting minutes 08-19 be adopted. CARRIED IV DETERMINATION OF ITEMS REQUIRING SEPARATE DISCUSSION Items 1, 6, 8, 9, 1.1, 14, 16, 17, 21, 22, 23, 24, 25 and 30 were identifiedfor discussion. V ADOPTION OF ITEMS NOT REQUIRING SEPARATE DISCUSSION General Committee recommends: ITEM # 7 - 2 THAT the following recommendations respecting the matters listed as j "Items not Requiring Separate Discussion" be adopted as submitted to the General Committee and staff be authorized to take all necessary action required to give effect to same: 2. EDAC08-04 — Economic Development Advisory Committee Meeting Minutes April 10, 2008 - THAT the Economic Development Advisory Committee Meeting minutes from the April 10, 2008 meeting be received and the recommendation's contained therein be approved. 3. GA08.04 — Graffiti Abatement Ad Hoc Committee Meeting Minutes April 17, 2008 THAT the Graffiti Abatement Ad Hoc Committee Meeting minutes from the April 17, 2008 meeting be received and the recommendations contained therein be approved. 4. ARTS08-04— Arts and Culture Advisory Committee Meeting Minutes April 24, 2008 THAT the Arts and Culture Committee Meeting minutes from the April 24, 2008 meeting be received and the recommendations contained therein be approved. -30- COUNCIL - MAYG1131a ittee Report No. 08-22 Tuesday, ay 6, 2008 ITEM # 7 - 3- 5. CS08.017— Council Pending List (deferred from April 22, 2008 Council) THAT report OS08-017 be received for Information purposes. FS08-019 —2008 Municipal Road and Bridge Infrastructure Investment (deferred from April 22, 2008 Council) THAT a by-law be passed to acknowledge the Town of Aurora will receive $647,113 in provincial funding, as committed through the province's 2008 Municipal Road and Bridge Infrastructure Investment; and THAT a new Obligatory Reserve fund be established called the Municipal Road Infrastructure Investment Fund; and THAT, when the money Is received, it be deposited into the Municipal Road Infrastructure Investment Fund until Council decides on -a project in which to Invest these funds. 10. ADM08-008 — Aurora Heritage Centre— Termination of Lease with Aurora Historical Society THAT the Mayor and Town Clerk be authorized by Council to execute the attached agreement terminating the lease with the Aurora Historical Society agreement for the building located at 22 Church Street (the "Aurora Heritage Centre"), in the Town of Aurora, as attached to report ADM08-008. 12. LS08-022 - Property Use Agreement THAT Council authorize the Mayor and Clerk to execute a Property Use Agreement between the Town of Aurora and 1207309 Ontario Inc. (Magna) for the year 2008 as required to facilitate the Aurora Youth Soccer Club's use of the Magna lands. 13. LS08-023 —Tender LS2008-29 Asphalt Paving and Concrete Works for Ada Johnson Park THAT Council accept the tender submitted by the low bidder, Lincoln Paving and Contracting Limited for the asphalt paving and concrete curbing works associated with the construction of Ada Johnson Park. 15. PL08-036 —Application for Site Plan Approval Delrin Investments Inc. Lot 8, Plan 65M-3974 224 Don Hillock Drive File D11-01-08 THAT report PL08-035 be received as information; and THAT, subject to the resolution of all outstanding issues and the submission of all fees and securities, Council authorize the Director of Planning and Development Services to execute a Site Plan Agreement between the owner and the Town of Aurora to permit the construction of a single storey, 3,340 square metre (36,000 square feet) industrial building. SSE COUNCIL - MAJG gr Mggittee Report No. 08.22 Tuesday, May 6, 2008 ITEM #7-4 18. PL08.041 — Draft Plan of Condominium Application Cherry Hill Park Developments Inc. 125 Don Hillock Drive, Lot 14, Plan 66M-3974 File 007.01.08A THAT the proposed Draft Plan of Standard Condominium D07-01-08A, prepared by Tom A. Senkus, File 07-94, dated March 7, 2008 be approved by the Town of Aurora, subject to Conditions of Approval attached as Appendix "A" being fulfilled prior to final approval; and THAT, following the prescribed Draft Plan of Condominium notification period, staff prepare the requisite Condominium Agreement for signature by the Owner; and THAT the Mayor and Clerk be authorized to execute a Condominium Agreement between The Corporation of the Town of Aurora and Cherry Hill Park Developments Inc.; and THAT the Mayor and Clerk be authorized to execute all documents necessary to give effect to same. 19. PW08-013—MachelIAvenue Reconstruction —Tender Res uIts THAT Council receive report PW08-018 (Machell Avenue Reconstruction —Tender Results) for information; and THAT Council approve additional funding in the following amounts for this project to meet the funding requirements for the Town's agreed portion of the project based on the results of the tender issued by the Region of York: a) $72,431,56 from the Municipal Capital Reserve; and b) $129,776.30 from the Water/Sewer Reserve. 20. PW08-020 —Award of Contract for Consulting Services - Reconstruction of Richardson Drive, Lee Gate, Hutchinson Road, Patrick Drive and Webster Road Results of Request. for Proposals THAT the Director of Public Works be authorized to sign an Engineering Agreement with Cole Engineering Group Ltd. for the provision of consulting services for the preliminary and detail design for the reconstruction of Richardson Drive from Murray Drive to Child Drive, Lee Gate from Richardson Drive to Henderson Drive, Hutchinson Road from Richardson Drive to Patrick Drive, Patrick Drive from Hutchinson Road to Glass Drive and Webster Road from Hutchinson Road to Patrick Drive at a cost not to exceed $67,660, exclusive of GST. 26. Correspondence from Mr. Peter Love Ontario's Chief Energy Conservation Officer Re: Energy Conservation Week— May 25-31, 2008 THAT the Town of Aurora declare May 25 — 31, 2008 Energy Conservation Week. 27. Correspondence from Parks and Recreation Ontario Re: Recreation and Parks Infrastructure THAT the correspondence from Parks and Recreation Ontario be received for information. -32- COUNCIL - MA)G4i3pZ809Ittee Report No. 08-22 . Tuesday, May 6, 2008 ITEM #7-5 28. Correspondence from the City of Kingston Re: The Right to Dry Initiative THAT the correspondence from the City of Kingston regarding The Right to Dry Initiative be received for Information. 29. _ Correspondence Tabled by Councillor Buck Re: S.O.Y.R.A. Issue THAT the correspondence tabled by Councillor Buck regarding the S.O.Y.R.A. issue be received for information. 31. LSAC08-04— Leisure Services Advisory Committee Meeting Minutes .April 17, 200a THAT the Leisure Services Advisory Committee Meeting minutes from the April 17, 2008 meeting be received and the recommendations contained therein be approved. CARRIED VI 'DELEGATIONS (a) Ms Mary -Frances Turner, Vice President and Mr. David Clark, Chief Architect - York Region Rapid Transit Corporation Re: North YongelDavis Drive Class EA - Rapid Transit Alignments Ms Mary -Frances Turner addressed General Committee. to provide an overview of future plans regarding rapid transit through Aurora. Mr. David Clark provided an explanation of how the rapldways would work their way along Yonge Street through Aurora. General Committee recommends: THAT the comments of the delegates be received. CARRIED (b) Mr. Larry Palmer, Executive Director - Community Living Re: Community Living Month - Mr. Larry Palmer addressed General Committee to advise of Community Living Month and to request a proclamation for the month of May. Mr. Palmer provided a list of events which are taking place, such as: Appetite for Awareness Lunch — Wednesday, May 14, 2008 Community Living Day at Queen's Park —Thursday, May 15, 2008 Tim Horton's Spring Swing Golf Tournament — Thursday, May 29, 2008 General Committee recommends: THAT the comments of the delegate be received. CARRIED -33- COUNCIL - MAlf�9n3ralj"rp ylttee Report No.08-22 Tuesday, ay 6, 2008 ITEM #7-6 (c) Ms Jane Reeves ' Re: Item 1(9) -Traffic Safety Advisory Committee Meeting Minutes Speed Concern on Cousins Drive Ms Jane Reeves addressed General Committee to request traffic calming in the area of Cousins Drive in order to increase safety fbr residents and visitors to the area. General Committee recommends: THAT the delegate's presentation be referred to the Traffic Safety Advisory Committee and that the delegate be requested to make 'a presentation to the Traffic Safety Advisory Committee. CARRIED (d) Mr. Don Dussault, Manager, Real Estate Development, Imperial Oil Re: Item 17 - PL08-039 - Full Service Gasoline Pumps (Added Item) Mr. Don Dussault addressed General Committee to advise that Imperial Oil has made many provisions for full service at their gas stations, including: ➢ Accommodating full service requests through prior arrangements ➢ Providing a toll free phone number ➢ Posting appropriate signage ➢ Providing full service at self serve prices Providing wheelchair ramps ➢ Providing wide aisles ➢ Providing tow, accessible gas pumps Speed pass payment capability Mr. Don Dussault stated that, should a requirement now be put in place that full service must be provided at this location for six hours per day it would put them at a competitive disadvantage, as gas stations which are already operational would not have this requirement. General Committee recommends: THAT the comments of the delegate be received CARRIED Councillor Gaertner left the meeting at 8:00 p.m. General Committee recommends: THAT item 17 be brought forward for discussion. CARRIED 17. PL08-039 - Full Service Gasoline Pumps General Committee recommends: THAT the Procedural By-law be waived in order to allow Mr. Don Dussault to answer further questions. CARRIED -34- COUNCIL- MAYTG n3raFfjgtygittee Report No, OB-22 TuesdayyllGGll''a''y 6, 200B ITEM #7-7 General Committee recommends: THAT the staff recommendation not be approved; and THAT the site plan amendment application proceed; and THAT further deliberations take place between staff, the Ministry of Citizenship and appropriate industry personnel regarding making the regulations feasible; and THAT status quo be followed; and THAT the Town of Aurora's website provide information and phone numbers pertaining to gas stations providing full service to persons with disabilities with advance notice. CARRIED General Committee recommends: THAT Mr. Claudio Brutto be allowed to address General Committee pertaining to item 14. CARRIED (e) Mr. Claudio Brutto, Brutto Consulting Re: Item 17 • PL08.034 -Approval of Regional Official Plan Amendment No 53 for the Aurora 2C Planning Area (Added Item) -Mr. Claudio Brutto addressed General Committee in support of the staff recommendation. Mr: Brutto requested that the land owners work hand in hand with staff and Council at interim stages in order to share ideas. General Committee recommends: THAT the comments of the delegate be received and referred to item 14. CARRIED General Committee recommends: THAT item 14 be brought forward for discussion. CARRIED 14. PLOB-034 - Approval of Regional Official Plan Amendment No 53 for the Aurora 2C Planning Area General Committee recommends: THAT the matter be deferred until such time that Financial Strategy is undertaken to outline sound fiscal management strategies, to eliminate negative financial impact of growth on the existing tax base. CARRIED -35- COUNCIL - MAlfGgn�raF}'ryryyrittee Report No. 08-22 Tuesday, ay 6, 2008 ITEM #7-8 General Committee recommends: THAT item 16 be brought forward for discussion. CARRIED 16. PLOB-038 —Site Plan Application Whitwell Developments Limited (Smart Centres Phase II) Block 1 Plan 65M-3819, Part of Lot 21, Concession 3 File Dll-15.07 General Committee recommends: THAT, subject to a satisfactory review by the Site Plan Committee, the Director of Planning and Development Services be authorized to execute a site plan agreement between Whitwell Developments/Smart Centres and the Town of Aurora respecting the construction of Phase II of the regional commercial shopping centre at the north west corner of Wellington Street East and First Commerce Drive; and THAT, prior to the execution of the agreement, the site plan 1 agreement be presented to Council. CARRIED VII PRESENTATIONS BY THE COMMITTEE REPRESENTATIVE None Vlll CONSIDERATION OF ITEMS REQUIRING SEPARATE DISCUSSION 1. TSAC08-02 — Traffic Safety Advisory Committee Meeting Minutes April 9, 2008. (9) Speed Concern on Cousins Drive General Committee recommends: THAT the matter be referred back to the Traffic Safety Advisory Committee. CARRIED (10) Town of Newmarket Resolution R1-2008 - Re: Disabled Parking General Committee recommends., THAT the matter be referred back to the Traffic Safety Advisory Committee for clarification. CARRIED General Committee recommends: THAT the balance of the Traffic Safety Advisory Committee Meeting minutes from the April. 9, 2008 meeting be received and the recommendations contained therein be approved. \" i CARRIED -36- COUNCIL - MAYGIr3ragbe iitteeReportNo.08-22 Tues3ay, May 6, 2008 ITEM #7-9 6. FSOB-018 — St. John's SideroadlBathurst Pumping Station Capital Project . (deferred from April 22, 2008 Council) General Committee recommends: THAT report FSOB-018 be received; and THAT the Town establish a Capital Project for the St. John's Sideroad/Bathurst St. Pumping Station in the amount of $620,261, to be recovered from the Sanitary Sewers Development Charge Reserve Fund; and THAT $230.720 be transferred from the Sanitary Sewers Development Charges Reserve Fund with $163,976 going to the Roads and Related Development Charge Reserve Fund and $66,744 to the Water Development Charge Reserve Fund. CARRIED 8. AOM08-006 — 2007 Annual Report General Committee recommends: THAT the 2007 Annual Report for the Town of Aurora be received as information; and THAT the message he amended to reflect that it is from the Mayor, Council and CAO. CARRIED 9. ADM08-007 — Request for Proposal for Corporate Structure Review General Committee recommends: THAT the Proposal for Organizational Review, attached to report ADMOB- 007, be issued as part of the Request for Proposals for consultants for the Corporate Organizational Structure review of the Town of Aurora, with the following amendments: Y Section 3.2— Organizational Structure The role and responsibilities of the Chief Administrative Officer (CAO) in respect to the legislative requirements placed on this position, and the expectations of this (remove) Council. Y Section 4.2—Council Liaison Committee-4 Members of Council An Ad Hoc Committee of Council consisting of four members of Council will provide the opportunity for the Consultant to liaise with Council during the entire length of the project on an as needed basis. Y Section 5.1 — Consultant Study Team The consultant will report to the CAO and Council. -37- COUNCIL - MAIfGt}{d5a(d088itteeReport No. 08-22 Tuesday, May 6, 2008 ITEM #7-10 ➢ Section 5.2 — Deliverables The consultants may be required to make two electronic presentations to Council as required by the CAO. Electronic copies of all reports are to be provided to the Town of Aurora and will be the property of the Town of Aurora Council CARRIED 11. LS08-021 —Pathway Lighting Lambert Willson Park General Committee recommends: THAT Council authorize expenditure not to exceed $16,000.00 for the purchase of additional walkway light fixtures for Lambert Willson Park. CARRIED 21. LSOO-026 — Dove 2008 (Determined to Oppose Violence Everywhere) General Committee recommends: THAT this report be received by Council for information; and THAT the rental fee be waived. CARRIED Councillor Gaertner returned at 10:23 p.m. General Committee recommends: THAT the meeting be extended to 11:00 p.m. CARRIED 22. CS08-018 — Codes of Conduct for Members of Council and Committees General Committee recommends: THAT report CS0B-018 be received and that the Code of Conduct for Members of Council and the Code of Conduct for Members of Advisory & Statutory Committees included as.Appendix #1 and #2 to this report be adopted, subject to the following revisions: Section 3—Communications and Media Relations Remove the following: Official information. related to decisions and resolutions made by Council will normally be communicated to the community and the media in an official capacity by the Mayor or designated staff member or through a Press Release issued by the Corporation. -38- COUNCIL - MAlf�9n3r, gggitfee Report No. DO.22 Tuesday, ay 6, 2008 ITEM # 7 - 11 Section 9 — Professional Development Change wording as follows: Members have the opportunity to promote, support, pursue and partake in opportunities for professional development, including but not limited to Federal, Provincial and Municipal conferences, seminars and workshops. Council Members are encouraged to stay updated on issues and trends so that they can be as efficient and effective as possible in the carriage of their duties and responsibilities. CARRIED General Committee recommends: Section 12 — Compliance with the Code — Complaint Protocol THAT staff report back on the operational aspect of Part A. DEFEATED 23. FS08-022 — Central York Fire Services Surplus General Committee recommends: THAT the $59,112,00 received from the Town of Newmarket as the Town of Aurora's share of the interest accrued on the accumulated surplus be transferred to the Fire Services Discretionary Reserve Fund; and THAT, notwithstanding Schedule D of By-law 2001-146, Council advise the Joint Council Committee — Central York Fire Services (JCC) that, due to the magnitude of the current operating surplus, that the pro -rated percentage share of the reserve be returned to the Town of Aurora. CARRIED 24. Correspondence from Mayor Morris Re: GO Train Parking General Committee recommends: THAT the Town send a letter to Mr. Gary McNeil, Managing Director & CEO at GO Transit, asking that they expeditiously address the parking needs at the Aurora GO Station. CARRIED 25. Correspondence from The Salvation Army Re: A Dollar A Day for the Month of May (deferred from April 22, 2008 Council) General Committee recommends: THAT Council endorse the request by The Salvation Army to challenge the employees of the Town of Aurora to save a dollar a day for the month of May for Red Shield month. CARRIED -39- COUNCIL -MAlf RTraWM!tteeReportNo.08-22 Tuesday, May 6, 2008 General Committee recommends: THAT the meeting be extended to 11:05 p.m. CARRIED 30. Aurora Heritage Centre Draft Floor Plans (Novita Strat Plan) (Tabled by Councillor Gaertner) General Committee recommends: THAT the Aurora Heritage Centre Draft Floor Plans (Novita Strat Plan) be received for information. CARRIED IX NEW BUSINESS/GENERAL INFORMATION— COUNCILLORS General Committee recommends: THAT a Notice of Motion to reconsider the motion related to having a by- election be accepted. DEFEATED ITEM#7-12 Mayor Morris inquired about the reassessment of the northeast quadrant, to . which the Director of Public Works responded that traffic counts will be done in the Spring and that any work being carried out in the area is repair work and not related to traffic calming. Mayor Morris inquired about the status of the pesticide by-law and any.spraying that is being done. The Director of Leisure Services responded that the warning tracks and the bottom of the backstops at the ball diamonds are being sprayed to remove weeds and grass growth; Roundup is being sprayed in Lambert Willson Park; and horticultural vinegar is being sprayed at the ball diamonds adjacent to schools. The Director of Corporate Services responded that the report regarding pesticides, as well as the draft by-law will be on the May 20°i General Committee agenda. X CLOSED SESSION Personal Matter General Committee recommends: THAT Council resolve into a Closed Session to consider a personal matter regarding employment of new staff. CARRIED XI ADJOURNMENT General Committee recommends: THAT the meeting be adjourned at 11 20 p.m. CARRIED THE REPORT OF THE GENERAL COMMITTEE MEETING 08-22 IS SUBJECT TO FINAL APPROVAL AT COUNCIL ON TUESDAY, MAY 13, 2008. -40- COUNCIL - MAY 13, 2008 ITEM #8-1 TOWN OF AURORA AUP,O- RA COUNCIL. REPORT No. CS08-020 SUBJECT: Vacancy Office of Councillor FROM: Bob Panizza, Director of Corporate Services DATE: May 13, 2008 RECOMMENDATIONS THAT Council provide direction on this matter. BACKGROUND On Thursday April 24, 2008 Councillor Grace Marsh submitted her resignation from the office of Councillor for the Town of Aurora. As a result Council was required to begin the process,to fill the vacancy, and a Special Council meeting was convened on Monday April 28, 2008 to determine the methodology in filling the vacancy. Atthe aforementioned meeting Council, in compliance with Section 262(1) ofthe Municipal Act, adopted the following motion: "That the Council seat formerly held by Councillor Marsh be declared vacant." CARRIED A subsequent motion was then presented to fill the vacancy through.a by-election, however that motion was defeated due to a tie vote: "That a by-election be called to fill the vacant Councillor's office." DEFEATED A new motion was then presented to appoint the 9th individual that was in the November 2006 election however this motion was deferred in order to obtain legal advice on any conflict between the Municipal Act and the requirements in the Town's Procedural By-law. "That Council appoint the 9`h individual that was in the November 2006 election." "That this motion be deferred to the next Council meeting." CARRIED -41 - COUNCIL - MAY 139 2008 ITEM #8-2 May 13, 2008 - 2 - Report No. GS08-020 At the General Committee meeting of May 6, 2006 a further motion to reconsider the by- election resolution was presented in accordance with Section 5.20 of the Town's Procedural By-law. This motion however was defeated. "That a Notice of Motion to reconsider the motion related to having a by-election be accepted." DEFEATED COMMENTS The staff report that was presented to Council on April 28, 2008 outlined the options that Council could select to fill the vacancy in accordance with Section 263(1) of the Municipal . Act namely: a) rill the vacancy by appointing a person who has consented to accept the office if appointed; or b) require a by-election to be held to rill the vacancy in accordance with the Municipal Elections Act 1996. The action that was taken by Council at its meeting of April 28 defeated the motion for a by-election, and furthermore as a result of the defeated resolution to reconsider the matter at the General Committee meeting of May 6, it appears atthe moment, that the only option that is now available to Council is the option to fill the vacancy by appointing a person who has consented to accept the office. Notwithstanding the foregoing attempt to reconsider the motion for a by-election that was presented at the General Committee meeting of May 6, it would appear that the matter of reconsideration may still be an open option. According to Section 15.20(h) of the Procedural By-law that deals with the matter of reconsideration it states: "Once a resolution/by-law has been the subject of a motion to reconsider duly seconded and voted on, such resolution/by-law may notagain be reconsidered until six months after its original enactment or no resolution to reconsider may itself be the subject of a motion to reconsider, However, Section 14.2 of the Procedural By-law states: "No discussion or recommendation of the General Committee shall constitute an act of Council unless such recommendation is adopted by Council." BE,yM COUNCIL - MAY 13, 2008 ITEM # 8 - 3 May 13, 2008 - 3 - Report No. CS08-020 According to the opinion provided by the Solicitor it appears that the issue of the reconsideration motion has not been finalized and that an opportunity still exists to discuss the issue of the reconsideration until the motion that was presented at the General Committee meeting of May 6 is ratified by Council Historical Information From a historical prospective, it appears that the appointment of Members of Council has occurred in the past namely, 1973 (January and October), 1965 and 1962. The following summarizes those appointments: In January 1973 former Mayor Dick Illingworth relinquished the Office of Mayor due to an employment conflict. Thereafter, Councillor Evelyn Buck was appointed as Mayor and Mr. William Trent was appointed Councillor to fill the position on Council vacated by Councillor Buck who became Mayor. In October 1973 Councillor D. Roberts resigned and Mr, J. Williamson was appointed as Councillor to fill the vacancy on Council. In March 1965 Deputy Reeve S. G.-Patrick was appointed to fill the position of Reeve and Councillor Simmons was appointed to fill the position of Deputy Reeve. Mr..William Trent was then appointed Councillor to fill the position on Council vacated by Councillor Simmons who became Deputy, Reeve. In June 1962 Councillor W. Davidson died and Mr.'G. Sinclair was appointed to fill the vacancy on Council. Public Input Over the past two weeks, the Town has received numerous e-mails supporting both a by-election and an appointment., Attached as Appendix #1 to this report, is a summary of the names of individuals who submitted e-mails. Although some of the a -mails are in the form of,a petition, the bulk of these, appear to be in support of a by-election. CONCLUSION Unless an alternative resolution is presented, the original motion presented at the Council meeting of April 28 and deferred to the Council meeting on May 13, is the motion that needs to initially be resolved by Council namely: "That Council appoint the 9`" individual that was in the November 2006 election." A copy of the draft by-law to appoint a member of Council is attached as Appendix #2. -43- COUNCIL - MAY 13, 2008 ITEM #8-4 May 13, 2008 - 4 - Report No. CS08-020 OPTIONS Based on the resolution that was presented at the Council meeting of April 28 and deferred to the meeting of May 13, the only option available at this time is to fill the vacancy on Council by appointing a person who has consented to.accept the office. FINANCIAL IMPLICATIONS Should Council choose to appoint a member to Council, the costs associated with this would be minimal. LINK TO STRATEGIC PLAN Goal D — Ensure transparent, accountable and open governance in concert with informed and involved citizens. Objective D3: Be accountable and transparent to residents by ensuring open and accessible information flow and accessible decision making. ATTACHMENTS Appendix #1 — Summary of e-mails from residents Appendix #2 — Draft By -jaw PRE -SUBMISSION REVIEW Prepared by: Bob Panizza ext. 4221 A417- - Bob Panizza Director of Corporate Services John S. Rogers C. A. O. -44- COUNCIL - MAY 135 2008 ITEM # 8 - 5 Summary of a -mails Submitted by Residents 1. Those In Favour of a By-election Alex S. Ansell Greg Way Bill Hogg Sean Herbinson Dennis Collins 'Mike Robertson Allan Courneya Nancy L. Locking Paul C. English Allan Church Steve Hinder Eric McCartney Geoffrey Dawe Charles Levine Kathy Banks Majella Power Edna Collins Kim Pattillo Kimberley Kerr Bruce Walkinshaw Hank VanBakel Bruce Heffer. . Alan Keast Tom Connor Don Constable Elizabeth Cornacchia Donald J. Harrison 2, Those In Favour of an Appointment Angela Daust Catalina David Nelson Morales Mike Szornyi Walter Mestrinaro Peter Craig APPENDIX #1 Anne Scott Alan Scott William Croker Diane Croker Diane Garcia Michael Sharp Heather Sisman Dr. Christopher Tsang Megan IIonsberger-Turtle Lloyd Moore R. Bruce Orrell Mary Rogers Brian Wilson Carol Sharp Kathy Russell Reg Schade Matthew Pattillo John Pattillo Justin Verity Patricia Damphouse Christine Gardner Greg Collett Elizabeth Bishenden Shane Eickmarm Gordon Marshall Leslie Ainborski -45- COUNCIL - MAY 139 2008 ITEM #8-6 Summary of a -mails Submitted by Residents 1. Those In Favour of a By-election Alex S. Ansell Greg Way Bill Hogg Sean Herbinson Demos Collins Mike Robertson Allan Courneya Nancy L. Locking Paul C. English Allan Church Steve Hinder Erie McCartney Geoffrey Dawe Charles Levine Kathy Banks Majella Power Edna Collins Kim Pattillo .Kimberley Kerr. Bruce Walkinshaw Hank VanBakel Bruce Heffer. . Alan Keast Tom Connor Don Constable Elizabeth Comacchia Donald J. Harrison 2. Those In Favour of an Appointment Angela Daust Catalina David Nelson Morales Mike Szornyi Walter Mestrinaro Peter Craig APPENDIX #1 Anne Scott Alan Scott William Croker Diane Croker Diane Garcia Michael Sharp Heather Sisman. Dr. Christopher Tsang Megan Honsberger-Turtle Lloyd Moore R. Bruce Orrell Mary Rogers Brian Wilson Carol Sharp Kathy Russell Reg Schade Matthew Pattillo John Pattillo Justin Verity Patricia Damphouse Christine, Gardner Greg Collett Elizabeth Bishenden Shane Eickmann Gordon Marshall Leslie Amborski COUNCIL - MAY 13, 2008 ITEM # 8 - 7 Panizza, Bob From: Alex S-Ansell , Sent: Monday, April 28, 2008 10:52 AM To: Morris, Phyllis; McRoberts, Bob; MacEachern, Evelina; Gaertner, Wendy; Buck, Evelyn; Granger, Stephen; Collins-Mrakas, Alison; Wilson, Al Cc: Panizza, Bob Subject: Council -Vacancy . Mayor and Members of Council: I have read with concernAboutthe untimely resignation of Grace Marsh with reasons undisclosed at this time. This is an unfortunate incident and it leaves a large void in the conduct of council activities. Of the 3 alternatives outlined in our local paper to fill this void, I believe the ONLY fair alternative for the population of Aurora is to call a by-election. Ms. Marsh was elected by the people and as there are approximately two and one-half years remaining. in the term of this council, her replacement should also be elected by the people. Alex S. Ansell - 47 COUNCIL - MAY 13, 2008 ITEM # 8 - 8 Panizza, Bob From: Greg Wai Sent: Monday; April 28, 2008 9:36 AM To: Panizza, Bob Subject: By-election Dear Mr. Panizza: As a resident -tax payer in the Town of Aurora, I am writing to you with a serious concern about the process of selecting a new councillor to replace Councillor Marsh. It is very unfortunate that Councillor Marsh felt her only option was to vacate .her seat in council; but since there is no chance that she will change her mind, I am writing to remind you that the only truly democratic way to choose her successor is through a by-election. If the mayor and council truly believe in. transparent government and due process, as they claim to, then you must call a by-election so that the taxpayers of this town have their due input into who the next cobncillorwill bel This new councillor will inherit a 2 year term, and therefore should be the BEST candidate for the job, at this point: Much has changed since the election in 2006, and as a citizen, 1 want an opportunity to vote for the person whom I feel is the best qualified for the job I respect your integrity Mr. Panizza and as the Town Clerk I expect you to do what is best for the citizens of this town. Respectfully Greg Way �-1 -48- COUNCIL - MAY 13, 2008 ITEM # 8 - 8 Panizza, Bob From: Morris, Phyllis Sent: Mondnv Anril 9R 2008 6:05 PM To: McRoberts, Bob; Gaertner, Wendy; Buck, Evelyn; MacEachern, Evelina; Granger, Stephen; Collins-Mrakas, Alison; Wilson, Al Cc: Panizza, Bob; Rogers, John; Morris, Phyllis Subject: Re: Council Vacancy Thank you for sharing your opinion with Council - expressing what Council and the Corporation should'do Re: a vacancy that.has opened up on the elected 2006 - 2010 Aurora Town Council. Council will take your comments and opinion into consideration when called upon to make their decision/choice. Sincerely. Phyllis Morris Mayor -----Original Message ---- Prom: Bill Hogg <bill@billhogg.ca> - To: McRoberts, Bob; Gaertner, Wendy;.,Buck, Evelyn; MacEachern, Evelina; Granger, Stephen; Collins-Mrakas, Alison; Wilson, At; Morris, Phyllis Sent: Sun Apr 27 17:25:18 2008 Subject: Council vacancy I wanted to.let you know that I support holding a bi-election to determine the replacement for Grace Marsh, To simply appoint someone will be seen as not giving the.citizens of Aurora a voice. - Mayor Morris promised in her inaugural address "I will work with Council and Town Staff to make our municipal government more open, more transparent, more accountable and more inclusive." I believe that a bi-election is the only road to honour this. promise. While I recognize that there is a cost involved which could be avoided by appointing someone to the role, I believe it is more important that the process be seen as.open and transparentand that the citizens of Aurora know and recognize that you value their input. After all, this person will be making decisions on their behalf for the next 2-1/2 half years. Much greater sums have been spent on other issues that are no more important- than who our decision -makers will be for the balance of the term. The citizens deserve the right to decide who makes those decisions. Cheers! Bill Hogq COUNCIL - MAY 13, 2008 ITEM # 8 - 10 Panizza, Bob i From: Morris, Phyllis Sent: Monday, April 28. 2008 10:02 PM To: Cc: ranizza, Bob; Smart, Robyn Subject: Re: councillor Marsh's resignation Thank you for your sharing your comments and opinion with Council. Mayor Phyllis Morris -----Original Message----- - From: Sean Herbinson <sean@seanherbinson.com> To: Wilson, Al; acollins@e-aur.ora.ca <acollins@e-aurora.ca>; McRoberts, Bob; emacheachern@e-aurora.ca <emacheachern@e-aurora.ca>; Buck, Evelyn; Morris, Phyllis; Granger, Stephen; "'wgaertner@e-aurora.ca. "' <°'wgaertner@e-aurora.ca."'> Sent: Mon Apr 28 16:08:42 2008 Subject: councillor Marsh's resignation Madam Mayor and members of Council Given the unfortunate circumstance of Councillor Marsh's resignation, I would respectfully request that a by-election be held to determine her successor - Respectfully, - - Sean Herbinson -50- COUNCIL - MAY 13, 2008 ITEM #8-11 Panizza, Bob From: Morris, .Phyllis Sent: Monday, April 28, 2008 10:03 PM To: Cc: Nanizza, boo; >mart, Kooyn Subject: Re: Replacement Process for Councillor Marsh Thank you for sharing your comments and opinion Sincerely Phyllis Morris Mayor -----Original Message----- From; Dennis Collins To: Wilson, Al; acollins@e-aurora.ca <acollins@e-aurora.ca>; McRoberts, Bob; emacheachern@e-aurora.ca <emacheachern@e-aurora.ca>; Buck, Evelyn; Morris, Phyllis; Granger, Stephen; Gaertner, Wendy Sent: Mon Apr 28 15:52:24 2008 Subject: Replacement Process for Councillor Marsh Mayor Morris and Members of Council I was disappointed to hear of Councillor Marsh's resignation. In order to maintain a fully transparent and democratic process, i would strongly urge and support that 'a by. - election be held to determine her successor. Dennis Collins, Dennis Collins, Aurora, LAG 2Z1 -51- COUNCIL - MAY 137 2008 ITEM #8-12 Panizza, Bob % From: Morris, Phyllis Sent: Monday. April 28, 2008 10:05 PM To: Cc: Panizza, Bob; Smart, Robyn Subject: Re: Grace Marsh's Resignation Thank you for sharing your comments and opinion with Council Sincerely Phyllis Morris Mayor -----Original Message ----- From; Mike Robertson < To: Wilson, Al; acollins@e-aurora.ca <acolJJ.ns@e-aurora.ca>; McRoberts, Bob; emacheachern@e-aurora.ca <emacheachern@e-aurora.ca>; Buck,. Evelyn; Morris, Phyllis; Granger, Stephen; wgaertner@e-aurora.ca. <wgaertner@e-aurora.ca.> Sent: Mori Apr 28 16:53:41 2008 Subject: Grace Marsh's Resignation Madam Mayor and members of Council Given the unfortunate circumstance of.Councillor Marsh's resignation, I would respectfully request that.,a by-election be held to determine her successor. Regards, Mike Robertson Aurora Resident - -52- COUNCIL - MAY 13, 2008 ITEM #8-13 Panizza, Bob From: Morris, Phyllis Sent: Mondav, April 28, 2008 10:06 PM To: Cc: Panizza, Bob; Smart, ttooyn Subject: Re: replacement councillor Thank you for, sharing your comments and opinion with Council Sincerely Phyllis Morris Mayor -----Original Messaqe From: Courneya, ) :am> To: Wilson, Al; acol.lins@e-aurora.ca <acollins@e-aurora.ca>; McRoberts, Bob; emacheachern@e-aurora.ca <emacheachern@e-aurora.ca>; Buck, Evelyn; Morris, Phyllis; Granger, Stephen; Gaertner, Wendy - Sent: Mon Apr 28 15:51:15 2008 Subject: replacement councillor Madam Mayor and members of Council Due to Councillor.Marsh's resignation, I suggest that a by-election.be held to replace her. Signed Allan Courneya Aurora, ON -53- COUNCIL - MAY 13, 2008 ITEM #8-14 Panizza, Bob From: Morris, Phyllis Sent: Monday, April 28, 2008 10:42 PM To: Cc: Panizza, Bob; Smart, Robyn Subject: Re: Grace Marsh Resignation Thank you for sharing your comments and opinion with Council Phyllis Morris Mayor - -----Original. Message ----- From: Nancy Locking To: Morris, Phyllis - CC: McRoberts, Bob; MacEachern, Evelina; Gaertner, Wendy; Buck, Evelyn; Granger, Stephen; Collins-Mrakas, Alison; Wilson, Al Sent: Mon Apr 28 09:13:16 2008 Subject: Grace Marsh Resignation Mayor, Morris and Members of Council, We understand that Grace Marsh resigned from -Council on April 24th and that there is a Special Council meeting being held this evening to deal with this vacant seat. We feel there is -no need to rush to fill this vacancy and would recommend that abi- election be held in order that the Aurora taxpayers can vote for the candidate of their choice. Regards, Ron & Nancy Locking Nancy L. Locking -54- COUNCIL - MAY 13, 2008 ITEM #8-15 Panizza, Bob From: Morris, Phyllis Sent: Monday. April 28. 2008 10:44 PM _ To: Cc: Panizza, Bob; Smart, Robyn Subject: Re: Vacancy on council Thank you Paul for sharing your comments and opinion with Council Regards Phyllis Morris Mayor -----Original Messana------ - From: pawl english To: Morris, Phyllis; McRoberts, Bob; MacEachern, Evelina; Gaertner, Wendy; Buck, Evelyn; Granger, Stephen; Collins-Mrakas, Alison; Wilson, Al - Sent: Sun Apr 27 22:13:42 2008 Subject: Vacancy on council Your Worship and Members of Council, I was extremely disappointed to hear that Grace Marsh has withdrawn from Town Council. I had great hopes that she would share her considerable knowledge of Taxation with Members of Council and the community at large. However, that opportunity is lost. I look forward to her explanation. I encourage Council to fill this Vacancy through a bi-election. I would appreciate the opportunity to consider the candidates and make my own choice through the democratic process. Sincerely, Paul C. English -55- COUNCIL - MAY 13, 2008 ITEM #8-16 Panizza, .Bob From: Morris, Phyllis Sent: Monday, April28, 2008 10:45PM To: Cc: Panizza, Bob; Smart, Kobyn Subject: Re: Resignation of Grace Marsh & her Vacancy Thank you Megan forsharingyour opinion with Council Phyllis Morris -----Original Message ----- From: honsbergertraffic To: Morris, Phyllis; McRoberts, Bob; MacEachern, Evelina; Gaertner, Wendy; Buck, Evelyn; Granger, Stephen; Collins-Mrakas, _Alison; Wilson, Al Sent: Sun Apr 27 21:07:44 2008 Subject: Resignation of Grace Marsh & her vacancy In light of Councillor Grace Marsh's resignation, I amin support of a by-election as a means of filling the vacancy. Regards, Megan llonsberger-Turtle 91-fle COUNCIL - MAY 13, 2008 ITEM #8-17 Panizza, Bob From: Morris, Phyllis Sent: Tuesday, April 29, 2008 7:49 AM To: Panizza, Bob Cc: Smart, Robyn Subject: Fw: Support for bi-election --,--Original Message ----- From; Morr;.c. vh,ni;� To: _ Sent: Tue Apr 29 07:0 :22 2008 Subject: Re: Support for bi-election Thank you for sharing your opinion with Town Council " unless there are reasons for such an appointment that I'm not aware of. IF ? I am not sure what you mean by this ? Sincerely Phyllis Morris Mayor of Aurora -----Original Message----- From: To: Morris, Phyllis Sent: Mon Apr 28 22: :39:19 2008 Subject: Support for bi-election Hi. Phyllis . If you're keeping score, there are 4 voters at my house. - I was disappointed with how you voted. You chose not to support a bi-election. The process could have begun tomorrow, given time seemed to be a concern. The point I thought would be clear to you speaks to the questionof finding the best candidate. That would clearly be in the best interests of Aurora. Who would be a better candidate? Some one brand new to the position or someone who has been on council before and is familiar with process? You know it takes a new person coniderable time to get up to speed and given you have a number of very important issues to deal with would this not be the preferable way to go? There just may be such a candidate, you would never know and miss a goat opportunity for Your council if you simply appointed someone unless there are reasons for such an appointment.that I'm not aware of. Hope you're feeling better soon. Steve -57- COUt&uLc111 FA*r4i*re`&dm1 ITEM # 8 - 18 Panjzza, Bob . From: Geoff Dawe ( 1] Sent: Monday, April 28, 2008 3:16 PM To: Wilson, Al; Allison Collins-Mrakas (E-mail); McRoberts, Bob; MacEachern, Evelina; Buck, Evelyn; Morns, Phyllis; Granger, Stephen; Gaertner, Wendy Subject: Councillor Marsh's resignation Madam Mayor and members of Council Given the unfortunate circumstance of Councillor Marsh's resignation, I would respectfully request that a by-election be held to determine her successor. , - Geoffrey Dawe - COU LC9WI9 9V rq3 eZl U&'s resignation ITEM #8-19 Panizza, Bob From: Levine, Charles E I J Sent: Monday, April 28, 2008 3:49 PM To: Wilson, Al; acollins@e-aurora.ca; McRoberts, Bob; emacheachern@e-aurora.ca; Buck, Evelyn; Morris, Phyllis; Granger, Stephen; "wgaertner@e-aurora.ca." Subject: FW. Councilor Grace Marsh's resignation Madam Mayor and members of Council: Given the unfortunate circumstance of Councillor Marsh's resignation, 1 would respectfully request that a by-election he held to determine her successor. Charles Levine -59- COUNCIL - MAY 13, 2008 ITEM # 8 - 20 Panizza, Bob From: Nancy Locking Sent: Monday, April 28, 2008 9:13 AM To: Morris, Phyllis Cc: McRoberts, Bob; MacEachern, Evelina; Gaertner, Wendy; Buck, Evelyn; Granger, Stephen; Collins-Mrakas, Alison; Wilson, At Subject: Grace Marsh Resignation Importance: High Mayor Morris and Members of Council, We understand that Grace Marsh resigned from Council on April 241h and that there is a Special Council meeting being held this evening to deal with this vacant seat. We feel there is no need to rush to fill this vacancy and would recommend that a bi-election be held in order that the Aurora taxpayers can vote for the candidate of their choice. . . Regards, Ron & Nancy Locking . Nancy L. Locking t .. _. -60- COUNCIL - MAY 139 2008 ITEM # 8 - 21 Panizza, Bob From: Kathy Banks Sent: Monday, April 28, 2008 9:08 PM To: Wilson, Al; McRoberts, Bob; Granger, Stephen; Buck, Evelyn; Gaertner, Wendy Subject: Method for choosing a new councillor To the councillors I am sending this e-mail to you in response to your voiced desire to hear from the public re the matter of how to choose a successor to Ms. Marsh -Special Council Meeting April 28/08. As a long time resident/tax payer in the Town of Aurora, I feel very strongly that the only democratic way to fill an empty seat is by a by-electionl It is the residents of a municipality who get to choose who they would like to represent them, and with over 2 years left on the present term the residents should get the opportunity to elect the BEST candidate for the job. Much has changed since the election of 2006, and the electorate deserve to have a choice'. If you truly believe in the democratic process, there -can be NO other viable option other than this one. The time and money spent on due process is the price we pay for a democratic society. Pleas_ a feel free to contact me if you have any doubts of the intent of this letter or require any further explanation. I will be most pleased to expound on my opinion. Sincerely Kathy Banks 191S E COUNCIL - MAY 13, 2008 ITEM # 8 - 22 Panizza, Bob From: honsbergertrafhc Sent: Sunday, April 27, 2008 9:08 PM To: Morris, Phyllis; McRoberts, Bob; MacEachern, Evelina; Gaertner, Wendy; Buck, Evelyn; Granger, Stephen; Collins-Mrakas, Alison; Wilson,.Al Subject: Resignation of Grace Marsh & her Vacancy Importance: High In light of Councillor Grace Marsh's resignation, I am in support of a by-election as a means of filling the vacancy. Regards; Megan Honsberger-Turtle -62- COUNCIL - MAY 13, 2008 ITEM # 8 - 23 Panizza, Bob From: paul english Sent: Sunday, April 27, 2008 10:14 PM To: Morris, Phyllis; McRoberts, Bob; MacEachern, Evelina; Gaertner, Wendy; Buck, Evelyn; Granger, Stephen; Collins-Mrakas, Alison; Wilson, Al Subject: Vacancy on council Your Worship and Members of Council, I was extremely disappointed to hear that Grace Marsh has withdrawn from Town Council. I had great hopes that she would share her considerable knowledge of Taxation with Members of Council and the community at large. However, that opportunity is lost. I look forward to her explanation. I encourage Council to fill this vacancy through a bi-election. I would appreciate the opportunity, to consider the candidates and make my own choice through the democratic process. Sincerely, Paul C. English -63- COUNCIL - MAY 137 2008 ITEM # 8 - 24 1. Panizza, Bob From: Anne Scott Sent: Tuesday, April 29, 2008 9:54 PM To: • Morris, Phyllis; McRoberts, Bob; MacEachern, Evelina; Gaertner, Wendy; Granger, Stephen; Collins-Mrakas, Alison; Buck, Evelyn; Wilson, At Subject: Councillor Vacancy - By-election required) Mayor Morris and Councillors, My husband and I watched with interest the TV broadcast of the special council meeting held April 28, 2008, which addressed the vacancy created by Councillor Marsh's resignation. We believe a by-election is the only option in a democracy and were very disappointed that this motion was defeated (by a,4-4 tie). Mayor Morris, as the final vote, you had an opportunity to swing this vote in the only democratic direction. We do not agree with appointing a "Runner-up" from the November 2006 election to serve on the Council in 2008. This is an elected position, and should be chosen by the people of Aurora. Thank you, Anne and Alan Scott Aurora -64- COUNCIL -MAY 139 2008 ITEM # 8 - 25 Panizza, Bob From: Bill Croker Sent: Tuesday, April 29, 2008 10:13 PM To: Wilson, AI; acollins@e-aurora.ca; McRoberts, Bob; emacheachern@e-aurora.ca; Buck, Evelyn; Morris, Phyllis; Granger, Stephen; "wgaertner@e-aurora.ca." Subject: Grace Marsh Resignation Madame Mayor and Members of Council In light of the recent resignation of Councillor Grace Marsh, we would respectfully request that a by-election be held to determine the new councillor. Thank you William & Diane Croker -65- COUNCIL - MAY 137 2008 ITEM # 8 - 26 Panizza, Bob From: Morris, Phyllis Sent: Thursday, May 01, 2008 9.24 AM To: Panizza, Bob Cc: Subject: rw: Vacant uounuo seat Bob. Please add Michaels email to the record. Please also send him a copy of the minutes from Mondays meeting Thank yiou Phyllis Morris Mayor -----Original Message ----- From: Michael Sharp To: Mayor and Councillors Sent: Thu May 01 09:20:05 2008 Subject: Vacant Council Seat Please hold a by-election. Too much time has passed since the last election-. The also -sans from the 2006 election can stand again, if, they so choose, and other interested parties may come forward as candidates. It's the fairest and most democratic solution. Regards, Michael Sharp -66- COUNCIL - MAY 13, 2008 ITEM # 8 - 27 Panizza, Bob From: Heather Sisman , Sent: Thursday, May 01, 2008 9:42 PM To: Mayor and Councillors Subject: In Favour of a By -Election Mayor Morris and Members of Council, I was not surprised to hear that Cllr Marsh had tendered her resignation last week. Well, I was surprised that she resigned, but not surprised by the reasons given. I've sat in on every council meeting except one since the inaugural ceremony in December of 2006. I've learned a lot from, and about, each of you simply by watching you in action, and it's always interesting to read other people's interpretation of what I saw, whether it be in the Auroran, in the Banner, or on Clhr Buck's blog. The more. information out there, the more open and transparent the entire process is , that much I've learned for sure. I know that many of you have issues with the fact that Cllr Buck lays everything out in her blog. What she's sharing with anyone who cares to read is her interpretation of all that is going on in the town around us all. Having attended many council meetings this term - I know that anyone could attend and see for themselves how it all transpires, but kudos to Cllr Buck for taking the time to post her thoughts. I'm surprised that more of you don't do something similar. Each of you is afforded the same opportunity. I mad the election statistics, and was going to layout all the Pacts, etc, as I see them, but I trust you already know them. Grace Marsh was elected by four thousand and some residents. They had their say at the polls - and although I'm sure the have their own opinions about her resignation, the residents do deserve to choose who the newest member of council will be. I don't think that an appointment is fair. It's certainly not a fair assumption that all four thousand and some votes won by Cllr Marsh would have gone to candidate 49 if Cllr Marsh had not run. Those votes may have been divided, they may all have been given to one candidate, etc. Who's to say that candidates 9, 10, 11, 12, etc would not have come in in the top 8 if the distribution of votes had been different. You gave us a choice in 2006 - I don't think you can take it away now. I can understand that the candidates who placed ninth, tenth, eleventh, etc... alt sold themselves well during the campaign = and had the whole idea been discussed. openly - perhaps you could have swayed me to think that appointing another candidate was appropriate. Hearing that there was a motion on the agenda to simply appoint the ninth candidate on the same evening that the empty seat was formally declared vacant was a shock. It certainly didn't strike me as very open and transparent. But.. maybe you didn t get the whole story. I don't know John Gallo personally - and I have no idea what his political background or beliefs are. But I do know that John Gallo called Cllr Buck the day after the election and asked her for her seat? I don't know his reasons, or whether he asked her to step down, or insisted she just stay home, or even whether he said please and thank you, but I certainly think he's got the nerve of a canal horse. At that point in time he didn't (obviously!) feel that the polling process held any merit - so I can't see why he should just be 'brought in because there's a vacant seat. He did not get elected - and decided to find another way 'in' - which was absurd, and unfair to the voters. I can only speak for myself - but I don't think that simply plunking him in to the now vacant seat would be good business for the council at all. -67- COUNCIL - MAY 137 2008 ITEM # 8, 28 I think that in the interest of the transparency that I've heard about all over town..... let the people make the choice. Even if the people vote to elect John Gallo - at least you'll all rest easy knowing that you really truly are involved in a democracy. I bet they don't though. I couldn't ask this question on Tuesday last, because I only thought of it once the meeting was in fill swing - so I will ask it now in hopes that one of you can answer, please. Will there be opportunity (once you've sorted out the technical details about the procedural by-law vs. the Municipal Act) and can bring this back to the table - for the public to come out and say how they feel? An open forum public meeting?? (Or would that incite a riot?) Or are you simply going to weigh all the emails and phone calls you receive when you reconvene to make this decision? See you all on Tuesday! Heather Sisman -68= COUNCIL - MAY 137 2008 ITEM # 8 - 29 Panizza, Bob From: Chris Tsang Sent: Thursday, May 01, 2008 7:32 PM To: Morris, Phyllis; McRoberts, Bob; MacEachern, Evelina; Gaertner; Wendy; Buck, Evelyn; Granger, Stephen; Collins-Mrakas, Alison; Wilson, Al Subject: Proper democratic governing Importance: High Dear Councillors, Much has changed since November of.2006 and taxpayers of this Town deserve the right to choose who they feel is the best person for the job. There is no need to rush to fill this vacancy. If you believe in democracy and open and transparent government, please do the right thing and call a bi-election. There are ample funds in the contingency reserves for situations such as this need for a by-election. Thank you for serving our community Dr. Christopher Tsang Business owner since 1991 Resident since 1994 69 - COUNCIL - MAY 13, 2008 ITEM # 8 - 30 Panizza, Bob From: glona and allan Sent: Thursday, May 01, 2008 1:37 PM To: Collins-Mrakas, Alison Subject: Replace ment of Coucil members Allison It was good to see you last night I hope you understood all information it all seems to be Power against Clean Air Jack seems to be great speaker good on his feet I will look forward the next reading. I am not sure I understandhow council decide to replace Ms Marsh I only got the beginning 'of the meeting and did not see the end. I hope we will have a new election for the position I was not impressed with the people that was left over the last election I really feet that we should have by-election to get some new fresh idea on council this was to be a new beginning but we have been left with some old ideas and we the people feel that we are left out of the loop again . A by-election would serve to get some new today think into the TOWN maybe less fighting and more results and less late nights the cost of the election is acceptable to get moving . Right now it appears we have more (I am going to take my bat and go home ) . !1!11 Which we do not want. Please keep me in the loop. Regards Allan Church -70- COUNCIL - MAY 133 2008 ITEM # 8. - 31 Panizza, Bob From: Phyllis Morris [phyllis@phyllismorris.net) Sent: Saturday, May 03, 2008 12,48 AM To: Panizza, Bob Cc: Smart, Robyn Subject: Fwd: The By Election Debate Begin forwarded message: From: "Lloyd Moore" Date: May 2, 2008 11:01:51 PM EDT (CA) To: <allcouncillors@e-aurora.ca> Subject: The By Election Debate It was with great disappointment that I read about Councillor Marsh's resignation. Her's was a voice of reason in an impossible situation -what a loss to the residents of Aurora. have been following the election issue with interest in both the papers and on the local cable station and I urge all members of Council to support holding a by election so that today's residents of Aurora can exercise their democratic right. As I listen to the opposing view citing time lost and costs involved 1 shake my head - voting is one of our most fundamental rights.. Since November 2006 Aurora has continued to grow and if Council (or the majority of it) decides to appoint, those ; new residents will have lost that right. In 2006, 198 votes is all that separated the 9th from the 12th candidate! Do I know what the platform is for these candidates? Who can remember? Council by simply appointing one of them will be arbitrarily providing the one appointed with an unfair advantage (ie. name recognition) over other residents who may wish to put their name forward in the 2010 election. Other cities have faced this very same decision as Aurora and in 2008, the Cities of Quinte West, Fort Frances and Ajax have or will be holding a by election. Maybe there are others. I have been an Aurora resident for twenty-six years, voting is important to me and my family - this email represents the opinion of the four eligible voters in this house. Guarantee our democratic voting right and let today's residents decide who should represent us for the next two years plus! Lloyd Moore -71- COUNCIL - MAY 13, 2008 ITEM # 8 32 Panizza, Bob From: Phyllis Morris [phyllis@phyllismorris.net] Sent: Friday, May 09, 2008 10:10 AM To: R. Bruce Orrell Cc:. Mayor and Councillors; Panizza, Bob Subject: Re: Vacant Council Seat Importance: High , Mr Orrell Thank you for taking the time to write to Council . Your opinions have been noted & your email has been forwarded to the Clerk, for the record . Sincerely, Mayor Phyllis M. Morris On 9-May-08, at 9:54 AM, R. Bruce Orrell wrote: Mayor Morris and Councillors, I have been critical in the past of not only the current council but previous ones as well. One of the benefits of our Country is the ability to criticize our governments. In all seriousness however, the current council is by far the most unorthodox that Ihave ever seen and we are not even at the half- way mark yet. You must all admit that in order for a councillor to resign her seaf,.things must be really bad. Combine this resignation with the number of staff resignations that we have seen, and you can clearly see there is a problem that must be recognized. It is up to you eight to resolve this problem. You must get the public trust back on your side because right now, there is none. Mayor Morris, you ran on a platform of "Openness and Transparency". I do not see either in your management style and I am ashamed that I voted for you. To the question at hand. You have declared a vacant seat on council. I read that a by-election is not going to be held. SHAME ON YOU ALLM We are not at the half -way point of the term. The candidate that came in 9th place in the election has been touted as the next councillor. Too much time has lapsed to go back to this person. This council, after all of the stuff we have suffered through,.owes this town a by-election. You can talk all you want about the cost. As a council, you have thrown away significant amounts of money at less important things without batting an eye. If you truly believe in Openness and Transparency, you will stop this Appointment stuff now and call the by-election. This whole thing shows why we need a ward system in this town as well. Had we been in a ward system, a by-election would impact a smaller area and, one would think, cost less. While we're at changing things, perhaps we should look at a Recall Mechanism too. This way, we can get rid of a council that preached Openness and Transparency but never practises it. By the way, if you are determined to appoint someone and you looking for someone to appoint, why not me? .I'll keep you all honest. -72- COUNCIL - MAY 13, 2008 ITEM #8-33 Panizza, Bob From: Eric Sent: Sunday, May 04, 2008 9:30 PM To: Mayor and Councillors Cc:. Panizza, Bob Subject: Eric McCartney - Points to consider Dear Madam Mayor / Councillors: I am certain you will agree that one of the highest priorities of Aurora Town Council is to decide what method should be used to fill the current vacancy left from Councillor Marsh's resignation. . l would like you to consider the following: 1. Let's say for example:. in 2006 Grace Marsh did not rum for Councillor. How would the votes Ms. Marsh received from our Towns people be split among ALL the Candidates that ran for election? Is it also possible that a number of people who did vote for Ms. Marsh would not have voted at all? Who knows? 2. What if the people of Aurora request a re-count TODAY from the 2006 election from the candidates that did not get in? Is this possible? NO 3. Time is of the essence I know, but the argument of council always being defeated just does not fly. I am certain that the majority of items that will require councils vote will be carried if council takes staff direction. 4. Nothing against the 9th / 1 Ou' / 10, ... candidates that did not get elected but is this truly what our Town would like to see as our Councillor TODAY? 5. .Demographics, population, ... of our town has changed. 6. Council may be surprised to know the number of residents that have moved since the last election. Does there vote still count? YES 7. Does Council have an idea on how many people moved into re -sale and newly constructed homes since the last election? I think you would really be surprised. Don't these thousands of residents require a say on who our new councillor should be? Since these new residents did not live here in 2006 but pay taxes now is it possible that some of these residents may want a say? YES. 8. I am certain you will agree that the workload for a councillor has certainly changed. Is it possible that the people of Aurora would want a councillor that will work full-time for them although the job is classified as a part-time position? I know I would. 9. Has Council directed the Director of Corporate Services to find out what the majority of other towns our size have done when placed in this position well over a year since the last election? 10. If it is a concern to some current Councillors, (which I hope it is not) although approached to run again, I do not plan on doing so if a By-election is called. I feel there are better candidates out -73- COUNCIL - MAY 13, 2008 ITEM # 8 - 34 there plus my current workload and volunteer work with three major societies has me hooked for sometime. In conclusion, from the information I have personally read and heard to date, plus the questions / items I have raised above I would strongly urge Council to consider . holding a By-election. In my opinion, this is one of the most important decisions you will be making as a Councillor this term for numerous reasons. Please give it your full attention and view all pros / cons. I thank you all for your dedication to our town. Hang in there! O Sincerely, Eric Eric John -Paul McCartney Aurora, ON. - -74- COUNCIL - MAY 137 2008 ITEM # 81- 35 Panizza, Bob From: Mary Rogers Sent: Sunday, May 04, 2008 1122 AM To: Mayor and Councillors Subject: replacement for Grace Marsh . It is my opinion that a by-election should be held to replace Grace Marsh. It is the fundamental right of the citizens of Aurora that we should be given the opportunity to have a say in who will sit on council. Thank you Mary Rogers -75. COUNPHUocMAY 13, 2008 ITEM # 8 - 36 n Panizza, Bob From: Sent: Friday, May 02, 2008 10:41 AM To: McRoberts, Bob Subject: By Elections Dear Councilor McRoberts; I respectfully request that you and your fellow councilors vote to have a by-election for the replacement of Grace Marsh. This should be the citizens of Aurora choice and not the council. This is too serious of an issue to let 7 people made a decision. Thank you Brian Wilson Aurora -76- COUNCIL , MAY 13, 2008 ITEM #8-37 Panizza, Bob From: SHARP, Carol Sent: Thursday, May 08, 2008 2:47 PM To: McRoberts, Bob; MacEachern, Evelina; Morris, Phyllis; Wilson, Al; Granger, Stephen; Collins- Mrakas, Alison; Gaertner, Wendy; Buck, Evelyn Cc: Panizza, Bob Subject: Reports in the Era -Banner of defeated by-election - how can that be when It was a Committee meeting not a Council meeting? Dear Members of Council, I was very surprised to read that apparently it is "official" that there will be no by-election. I don't understand how this could be declared "official", when the vote taken at a committee meeting must be ratified at a council meeting. I understand the public has a right to be aware of the items to be decided in a council meeting in advance of that council meeting. Residents who attended or watched the special council meeting of Monday, May 5 were given the information that this issue would come again at the next council meeting of Tuesday, May 13. That is their.expectation. Any residents that will attend Tuesday's council meeting will learn that the members of council who required 'time' to consult with the residents have since hastily 'defeated" any notion of a by-election at a GC meeting. It will be a short, sharp shock to those residents expecting transparent and open government. I would be very interested to learn of the tally of emails/contact for both sides of this issue. That would certainly help me understand if the members of council are truly listening to the residents. Sincerely, Carol Sharp This from the Era -Banner. NO byelection for council seat Aurora May 08, 2008 09:56 PM By: Simone Joseph It is offclal: former councillor Grace Marsh will not be replaced through a byelection. - Aurora council voted 5-3 Tuesday night against a byelection, meaning a replacement will likely be appointed. Following Mrs. Marsh's resignation late last month, council had two choices to fill the seat: appoint a successor or hold a byelection. Since this resignation comes so early into the four-year term, most municipalities would consider a byelection rather than an appointment, town clerk Bob Panizza said. -- But a byelection could cost up to $40,000, he added. _77- COUNCIL - MAY 137 2008 ITEM # 8 - 38 The option to consider a byelection was defeated one week ago. But, the motion was put backonthe tablethis week. Councillor Alison Collins-Mrakas, who voted in favour, was disappointed by the results. "I am a strong proponent of open and accountable government," she said. Ms Collins-Mrakas is concerned about what she called 'the silent majority', people who assume there will be a byelection. "We got a huge influx of e-mail demanding a byelection," Ms Collins•Mrakas said. "There are a constant stream." Mayor Phyllis Morris said she has received about 20 petition -type e-mail messages from people on both sides of the debate. The anti-byelection messages argued the cost of a byelection would be closer to $100,000 than $40,000. Many messages were against appointing a replacement and, instead, urged council to 'do the democratic thing' and have a byelection, Ms Morris said. Mrs Morris said she is concerned people are misinterpreting the idea of appointing a replacement. "When they hear 'appointment', it makes it seem like we are appointing someone off the street," Ms Morris said. Council will decide who is appointed as a replacement and how that person is appointed. One option is to appoint John Gallo, who placed ninth in the last municipal election, just missing a spot on the eight - person council, according to Mr. Panizza. The appointment options will be discussed at the next council meeting May 13. - J -78- COUIft-Uct Vd0, 2008 . ITEM #8-39 Panizza, Bob From: Kathy Russell' Sent: Saturday, May 03, 2008 7:37 AM To: Mayor and Councillors Subject: Bi-election needed As a long-time Aurora resident 1 feel that a bi-election is the only democratic way to deal with the empty seat on council. Pull up your socks Ms. Morris and be the leader that you told us you could be during your campaign for mayor. _ Sincerely; Kathy Russell -79- COUNCIL - MAY 139 2008 ITEM # 8 - 40 Panizza, Bob From: Morris, Phyllis Sent: Monday, May 05, 2008 12:34 PM To: 'Majella Power' Cc: Panizza, Bob; allCouncillors @e-aurora.ca; Smart, Robyn Subject: RE: Grace Marsh replacement Thank you for your input Best Regards Phyllis Morris Mayor From: Majella Power Sent: May 5, 2008 12:15 PM To: Mayor and Councillors Subject: Grace Marsh replacement With the recent resignation of Councillor Grace Marsh I am requesting Council to adhere to the democratic practice of a by-election rather than chose an appointment process to fulfill this position: Majella Power Aurora resident -80- COUNCIL - MAY 13, 2008 ITEM # 8 - 41 Panizza, Bob From: Schade, Reg . Sent: Wednesday, May 07, 2008 9:22 AM + To: Mayor and Councillors Cc: Panizza, Bob Subject: Replacement Councilor Date: May 7, 2008 To: the Mayor and Councilors of Aurora CC: Town Clerk Re: Vacant Council Seat Dear Madam Mayor and Town Councilors Given the unfortunate circumstances of Councilor's Marsh's resignation, I respectfully request that a by-election be held to fill this seat. This option is allowed for in the municipal act, reserve funds are already in place to handle situations such as this -(therefore, no immediate impact to,the budget), and, perhaps most importantly, this very much links to the Town's official strategic plan, namely Goal D: "Ensure transparent, accountable and open governance in concert with informed and involved citizens." Further, T request 'that this email be placed on the public agenda Sincerley, Reg Schade -81- COUNCIL - MAY 13, 2008 ITEM # 8 - 42 Panizza, Bob From: Edna Collins Sent: Wednesday, May 07, 2008 9:01 AM To: Mayor and Councillors Cc: Panizza, Bob Suhject: Vacant Council Seat Attachments: Attach0.html Dear Madam Mayor and Town Councilors Given the unfortunate circumstances of Councilor's Marsh's resignation, I respectfully request that a by- election be held to fill this seat. This option is allowed for in the municipal act, reserve funds are already in place to handle situations such as this (therefore, no immediate impact to the budget), and, perhaps most importantly, this very much links to the Town's official strategic:plan, namely Goal D: "Ensure transparent, accountable and open governance in. concert with informed and involved citizens." Further, ].request that this email be placed on.the public agenda. Edna Collins i -82- COUNCIL - MAY 13, 2008. ITEM # 8 - 43 Panizza, Bob From: Pattillo, John Sent: Wednesday, May 07, 2008 8:57 AM To: Mayor and Councillors Cc: Panizza, Bob Subject: RE: Subject: Replacement Councilor Date: May 7, 2008 To: the Mayor and Councilors of Aurora CC: Town Clerk Re: Vacant Council Seat Dear Madam Mayor and Town Councilors Given the unfortunate circumstances of Councilor's Marsh's resignation, I respectfully request that a by-election be held to fill this seat. This option is allowed for in the municipal act, reserve funds are already in place to handle situations such as this (therefore, no immediate impact to the budget), and, perhaps most importantly, this very much links to the Town's official strategic plan, namely Goal D: "Ensure transparent, accountable and open governance in concert with informed and involved citizens." Further, 1 request that this email be placed on the public agenda. Matthew Pattillo -83- COUNCIL - MAY 13, 2008 ITEM # 8 - 44 Panizza, Bob Fr6m: Sent: To: Cc: Subject: Date: May_7, 2008 Pattillo, John Wednesday, May 07, 2008 8:56 AM Mayor and Councillors Panizza, Bob Subject: Replacement Councilor To: the Mayor and Councilors of Aurora CC: Town Clerk - Re: Vacant Council Seat Dear Madam Mayor and Town Councilors Given the unfortunate circumstances of. Councilor's Marsh's resignation, i respectfully request that a by—election be held to fill this seat. This option is allowed for in the municipal act, reserve funds are already in place to handle situations such as this (therefore, no immediate impact to the budget), and, perhaps most importantly, this very much links to the Town's official strategic plan, namely Goal D: "Ensure transparent, accountable and open governance in concert with informed and involved citizens." Further, I request that this email be placed on the public agenda. John Pattillo -84- COUNCIL - MAY 139 2008 ITEM # 8 - 45 Panizza, Bob From: Pattillo, John Sent: Wednesday, May 07, 2008 8:57 AM To: Mayor and Councillors Cc:. Panizza, Bob Subject: RE: Subject: Replacement Councilor pate: May 7, 2008 To: theMayorand Councilors of Aurora CC: Town Clerk Re: Vacant Council Seat Dear Madam Mayor and Town Councilors Given the unfortunate circumstances of Councilor's Marsh's resignation, I respectfully request that a by-election be held to fill this seat. This option is allowed for in the municipal act, reserve funds are already in place to handle situations such as this (therefore, no immediate impact to the budget), and, perhaps most importantly, this very much links to the Town's official strategic plan, namely Goal D: "Ensure transparent, accountable and open governance in concert with informed and involved citizens." - Further, I request that this email be placed on the public.agenda. Kim Pattillo M COUNCIL - MAY 13, 2008 ITEM # 8 - 46 Panizza, Bob From: Robert Kerr Sent: Wednesday, May 07, 2008 7.11 AM To: Mayor and Councillors Cc: Panizza, Bob Subject: Replacement Councilor May 7, 2008 Re: Vacant Councilor Seat Dear Madam Mayor and all Town Councilors Given the unfortunate circumstances of Councilor's Marsh's resignation, I.respectfully request that a by-election be held to fill this seat. Simply moving the next candidate from the past election forward to a place on council is not acceptable. In the past election, I voted for eight councilors to run the town council. I didn't vote for eight plus one, if needed. I would like the opportunity to hear from new potential candidates and exercise my democratic right to vote for a candidate to represent me on council Further, I request that this email be placed on the public agenda. Regards Kimberley Kerr 111:IsM COUNCIL - MAY 13, 2008 ITEM # 8 - 47 Panizza, Bob From: behalf of Justin Verity Sent: Tuesday, May 06, 2008 11:25 PM To: Mayor and Councillors Cc: Panizza, Bob Subject: Vacant Council -Seat Dear Madam Mayor and Town Councilors, Given the unfortunate circumstances of Councilor Marsh's resignation, I respectfully request that aby-election be held to fill this seat. This option is allowed for in the municipal act, reserve funds are already in place to handle such situations (therefore, no immediate impact to the budget), and, perhaps most importantly, this links to the Town's official strategic plan, namely Goal D: "Ensure' transparent, accountable and open governance.in concert with informed and involved citizens," - Further, I request that this email be placed on the public agenda. Justin Verity -87- COUNCIL - MAY 137 2008 ITEM # 8 - 48 Panizza, Bob From: Bruce Walkinshaw Sent: Tuesday, May 06, 2008 11:21 PM To: Mayor and Councillors Cc: Panizza, Bob Subject: Replacement Councillor Dear Madam Mayor and Town Councilors; Given the unfortunate circumstances of Councilor's Marsh's resignation, I respectfully request that a by-election be held to fill this seat. This option is allowed for in the municipal act, reserve funds are already in place to handle situations such as this (therefore, no immediate impact to the budget), and, perhaps most importantly, this very much links to the Town's official strategic plan, namely Goal D: "Ensure transparent, accountable and open governance in concert with informed and involved citizens." Further, I request that this email be placed on the public agenda. Respectfully, i Bruce Walkinshaw -88- COUNCIL - MAY 13, 2008 ITEM # 8 - 49 Panizza, Bob From: on behalf of Pat Damphouse Sent: Tuesday, May 06, 2008 10:59 PM To: Mayor and Councillors Cc: Panizza, Bob Subject: Replacement Councilor Date: May 06, 2008 To: the Mayor and Councilors of Aurora CC: Town Clerk Re. Vacant Council Seat Dear Madam Mayor and Town Councilors Given the unfortunate circumstances of Councilor's Marsh's resignation, I respectfully request that a by-election. be held to fill this seat. This option is allowed for in the municipal act, reserve funds are already in place to handle situations such as this (therefore, no immediate impact to the. budget), and, perhaps most importantly, this very much links to the Town's official strategic plan, namely Goal D: "Ensure transparent, accountable and open governance in concert with informed and involved citizens." Further, I request that this email be placed on the public agenda. Patricia Damphouse _89_ COUNCIL - MAY 13, 2008 ITEM # 8 - 50 Panizza, Bob From: Christine Gardner _ Sent: Tuesday, May 06, 2008 9:41 PM To: Mayor and Councillors Cc: Panizza, Bob Subject: Vacant Council Seat Dear Madam Mayor and Town Couricilors: Given the unfortunate circumstances of Councilor's Marsh's resignation, I respectfully request that a by-election be held to fill this seat. This option is allowed for in the municipal act, reserve funds are already in place to handle situations such as this (therefore, no immediate impact to the budget), and, perhaps most importantly, this very much links to the Town's official strategic plan, namely Goal D: "Ensure transparent, accountable and open governance in concert with informed and involved citizens." Further, I request that this email be placed on the public agenda. Cordially, Hank VanBakel -90- COUNCIL - MAY 13, 2008 ITEM #8-51 Panizza, Bob Prom: Christine Gardnei Sent: Tuesday, May 06, 20Q8 9:37 PM To: Mayor and Councillors Cc: Panizza, Bob Subject: Vacant Council Seat Dear Madam Mayor and Town Councilors: Given the unfortunate circumstances of Councilor's Marsh's resignation, I respectfully request that a by-election be held to fill this seat. This option is allowed for in the municipal act, reserve funds are already in place to handle situations such as this (therefore, no immediate impact to the budget), and, perhaps most importantly, this very much links to the Town's official strategic plan, namely Goal D: "Ensure transparent, accountable and open governance in concert with informed and involved citizens." Further, I request that this email be placed on thepublic agenda. Cordially, Christine Gardner -91- COUNCIL - MAY 13, 2008 ITEM # 8 - 52 Panizza, Bob From: brute heffer, Sent: Tuesday, May 06, 2008 8:50 PM To: Mayor and Councillors Cc: Panizza, Bob Subject: Replacement Councilor Date: May 6, 2008 To: the Mayor and Councilors of Aurora CC: Town Clerk Re: Vacant Council Seat Dear Madarn Mayor and Town Councilors Given the unfortunate circumstances of Councilor's, Marsh's resignation, I respectfully request that a by- election be held to fill this seat. This option is allowed for in the municipal act, reserve funds are already in place to handle situations such as this (therefore, no immediate impact to the budget), and, perhaps most importantly, this very much links to the Town's official strategic plan, namely Goal D: "Ensure transparent, accountable and open governance in concert with informed and involved citizens." Further, I request that this email be placed on the public agenda. Bruce Hoffer -92- COUNCIL - MAY 135 2008 ITEM # 8 - 53 Panizza, Bob From: Greg Collett Sent: Tuesday, May 06, 2008 8:44 PM To: Mayor and Councillors Cc: Panizza, Bob Subject: Replacement Councilor To: the Mayor and Councilors of Aurora CC: Town Clerk Re: Vacant Council Seat Dear Madam Mayor and Town Councilors Given the unfortunate circumstances of Councilor's Marsh's resignation, I respectfully request that a by- election be held to fill this seat. This option is allowed for in the municipal act, reserve funds are already in place to handle situations such as this (therefore, no immediate impact to the budget), and, perhaps most importantly, this very much links to the. Town's official strategic plan, namely Goal D: "Ensure transparent, accountable and open governance in concert with informed and involved citizens." Further, I request that this email be placed on the public agenda. Greg Collett Tyler Street Aurora, Ontario. -93- COUNCIL - MAY 133 2008 ITEM # 8 - 54 Panizza, Bob From: Keast, Alan Sent: Tuesday, May 06, 2008 7:49 PM To: Mayor and Councillors Cc: Panizza, Bob Subject: Replacement Councilor To. the Mayor and Councilors of Aurora CC: Town Clerk Re: Vacant Council Seat Dear Madam Mayor and.Town Councilors Given the unfortunate circumstances of Councilor's Marsh's resignation, I respectfully request that a by-election be held to fill this seat This option is allowed for in the municipal act, reserve funds are already in place to handle situafions such as this (therefore, no immediate impact to the budget), and, perhaps most importantly, this very much links to the Town's official strategic plan, namely Goal D: "Ensure transparent, accountable and open governance in concert with informed and involved citizens," Further, I request that this email be placed on the public agenda. \ Regards,. Alan Keast Kemano Rd Aurora -94- COUNCIL - MAY 13, 2008 ITEM # 8 - 55 Panizza, Bob From: Elizabeth Bishenden Sent: Friday, May 09, 2008 9:00 AM To: Mayor and Councillors, Panizza, Bob Subject: by-election request Dear Councillors, I would like to re -iterate my stance that a by-election is the best way to fill the vacant seat on Aurora Town Council. This option can easily be accommodated by the town, there are funds for the process, and it would be the best way to represent the opinion of the citizens of Aurora. I understand that you now need 6 of 8 councillors to agree to reconsider the motion to have the by-election. I urge all of you to vote in favour of the motion to reconsider and to choose to fill the empty seat with a by-election. Sincerely, Elizabeth Bishenden -95- COUNCIL - MAY 13, 2008 ITEM # 8 - 56 Panizza, Bob - From: Tom & Barb Connor I Sent: Wednesday, May 07, 20084:31 PM To: allcounceillors@e-aurora.ca; Panizza, Bob Subject: by-election - Subject: Replacement Councilor Date: May 0, 2008 To: the Mayor and Councilors of Aurora CC: Town Clerk Re, Vacant Council Seat Dear Madam Mayor and Town Councilors Given the unfortunate circumstances of Councilor's Marsh's resignation, I respectfully request that a by-election be held to fill this seat. This option is allowed for in the municipal act, reserve funds are already in place to handle situations such as this (therefore, no immediate impact to the budget), and, perhaps most importantly, this very much links to the Town's official strategic plan, namely Goal D: "Ensure transparent, accountable and open governance in concert with informed and involved citizens." Further, I.request that this email be placed on the public agenda. Tom Connor Aurora -96- COUNCIL - MAY 135 2008 ITEM # 8 - 57 Panizza, Bob From: Shane Eickmann i Sent: Wednesday, May 07, 2008 11:50 PM To: Mayor and Councillors Cc: Panizza, Bob Subject: Replacement Councilor Date: May 06, 2008 To: The Honourable Mayor and Councillors of Aurora CC: Town Clerk Re: Vacant Council Seat Dear Madam Mayor and Town Councilors; I am an Aurora resident, and an active citizen. It was brought to my attention in conversation the other day that Councilor Marsh has resigned. Given the unfortunate circumstances of Councilor's Marsh's resignation, I respectfully request that a by-election be held to fill this seat. This option is allowed for in the municipal act, reserve funds are already in place to handle situations such as this (therefore, no immediate impact to the budget), and, perhaps. most importantly, this very much links to the Town's official strategic plan, namely Goal D "Ensure transparent, accountable and open governance in concert with informed and involved citizens." As an involved citizen this is my request. Further, I also request that this email be placed on the public agenda. I thank you for for service and dedication to this wonderful town I live in. Shane Eickmann Centre Street Aurora, On L4G 1 K1 . 97 - COUNCIL - MAY 13, 2008 ITEM # 8 - 58 Panizza, Bob From: Don Constable Sent: Wednesday, May 07, 2008 11:45 PM To: Mayor and.Councillors Cc: Panizza, Bob Subject: Aurora Bi-election TO: allcouncillors@e-aurora.ca CC: bpanizza@e-aurora ca Subject: Replacement Councilor Date: May 7, 2008 To: the Mayor and Councilors of Aurora CC: Town Clerk Re: Vacant Council Seat Dear Madam Mayor and Town Councilors Given the unfortunate circumstances of Councilor's Marsh's resignation, I respectfully request that a by- election be held to fill this seat. This option is allowed for in the municipal act, reserve funds are already in place to handle situations such as this (therefore, no immediate impact to the budget), and, perhaps most importantly, this very much links to the Town's official strategic plan, namely Goal D: "Ensure transparent, accountable and open governance in concert with informed and involved citizens." Further, I request that this email be placed on the public agenda. Thank you, Don Constable Aurora, Ontario -98- COUNCIL - MAY 13, 2008 ITEM # 8 - 59 Panizza, Bob From: Gordon Marshall Sent: Wednesday, May 07, 2008 10:56 PM To: Mayor and Councillors Cc: Panizza, Bob Subject: Replacement Councillor Importance: High Subject: Replacement Councillor Date: May 07, 2008 To: The Mayor and Councillors of Aurora CC: Town Clerk Re: Vacant Council Seat Rear Madam Mayor and Town Councillors Given the unfortunate circumstances of Councillor Marsh's resignation, I respectfully request that a by-election be held to fill this seat. This option is allowed for in the municipal act, reserve funds are.. already in place to handle situations such as this. (therefore, no Immediate impact to the budget), and, perhaps most importantly, this very much links to the Town's official strategic plan, namely Goal D: "Ensure transparent, accountable and open governance in concert with informed and involved citizens." , Further, I request that this email be placed on the public agenda. Gordon Marshall -99- COUNCIL - MAY 139 2008 ITEM # 8 - 60 Panizza, Bob From: Shirley Cornacchia Sent: Thursday, May 08, 2008 11:22 AM To: Mayor and Councillors Cc: Panizza, Bob Subject: Aurora By -Election- Replacement Councillor Subject: Replacement Councillor Date: May ##, 2008 To: the Mayor and Councilors of Aurora CC: Town Clerk Re: Vacant Council Seat Dear Madam Mayor and Town Councilors Given the unfortunate circumstances of Councilor's Marsh's resignation, I respectfully request that a by-election be held to fill.this seat. This option is allowed for in the municipal act, reserve funds are already in place to handle situations such as this (therefore, no immediate impact to the budget), and, perhaps most importantly, this very much links to the Town's official strategic plan, namely Goal D: "Ensure transparent, accountable and open governance in concert with informed and involved citizens." Further, i request that this email be placed on the.public agenda. Elizabeth Cornacchia Aurora, Ontario. -100- COUNCIL - MAY 13; 2008 ITEM # 8 - 61 Panizza, Bob. From: Phyllis Morris Sent: Friday, May 09, 2008 12:21 AM To: Panizza, Bob Cc: Smart, Robyn Subject: Fwd-. Replacement Councilor Begin forwarded message: From: Leslie Amborski Date: May 8, 2008 7:41:48 PM EDT (CA) To: <allcounciliors@e-aurora...ca>, Subject: Replacement Councilor Date: May 08, 2008 To: the Mayor and Councilors of Aurora CC: Town Clerk Re: Vacant Council Seat Dear Madam Mayor and Town Councilors Given the unfortunate circumstances of Councilor's Marsh's resignation, I respectfully request that a. by-election be held to fill this seat. This option is allowed for in the municipal act, reserve funds are already in place to handle situations such as this (therefore, no immediate impact to the budget), and, perhaps most importantly, this very much links to the Town's official strategic plan, namely Goal D: "Ensure transparent, accountable and open governance in concert'with informed and involved citizens." Further, I request that this email be placed on the public agenda. Leslie Amborski Aurora, Ontario. intil May - 101 COUNCIL - MAY 13, 2008 ITEM 9'8t- 62 Panizza, Bob From: Phyllis Morris [phyllis@phyllismorris.net] Sent: Friday, May 09, 2008 12:20 AM To: Panizza, Bob Cc: Smart, Robyn Subject: Fwd: [BULK] Importance: Low Begin forwarded message: From: Leslie Amborski Date: May 8, 2008 8:38:00 PM EDT (CA) To: <allcouncillors e-aurora.ca> Subject: [SULK] Date: May 08, 2008 To: the Mayor and Councilors of Aurora CC: Town Clerk Re: Vacant Council Seat Dear Madam Mayor and Town Councilors Given the unfortunate circumstances of Councilor's Marsh's resignation,.I respectfully request that a / by-election be held to till this seat. This option is allowed for in the municipal act, reserve funds are already in place to handle situations such as this (therefore, no immediate impact to the budget), and, perhaps most importantly, this very much links to the Town's official strategic plan, namely Goal D: "Ensure transparent, accountable and open governance in concert with informed and involved citizens." Further, I request that this email be placed on the public agenda. Donald J. Harrison /Aurora, Ont. -102- COUNCIL - MAY 131 2008 ITEM # 8 - 63 Panizza, Bob From: Morris, Phyllis Sent: Tuesday, April 29, 2008 7:11 AM To: Panizza; Bob Cc: Smart, Robyn;'. Subject: Fw: appointment of new councillor Dear Angela Thank you for sharing your comments and opinion with Council. We wi1'be discussing the vacancy again in two weeks Sincerely Phyllis Morris Mayor -----Original Messaae----- From: gtamail , To: Morris, Phyllis Sent: Mon Apr 28 11:29:32 2008 Subject: appointment of new councillor Hi Phyllis, I have just been informed by a friend of mine (Rebecca Beaton) that a new councillor is needed due to the resignation of Grace Marsh. As a tax payer in Aurora, I feel that a by- -election, to find :a new councillor, at a cost to us of $90,000.00 would be unacceptable in this time of necessary.fiscal restraint. Since we have already had candidates interested in -a councillors position, would it not be more responsible to merely choose the person who finished ninth in the last election? I feel that $40,000.00 could be spent on far more pressing issues such as downtown revitilization. I know, .from previous issues, that you care deeply about Aurora and I think this would be a wonderful way for you to further reinforce your stance that council cares about the citizens of this town and is responsible with our tax dollars. Thank you for your time and I am confident that you will make the right decision. Sincerely, Angela Daust is [Ike COUNCIL - MAY 13, 2008. ITEM # 8 - 64 Panizza, Bob From: David, Catalina Sent: Tuesday, April 29, 2008 1`:25 PM To: Morris, Phyllis Cc: McRoberts, Bob; Gaertner, Wendy; Buck, Evelyn; MacEachern, Evelina; Granger, Stephen; Collins- Mrakas, Alison, Wilson, At Subject: Another by-election? Madam Mayor and Council, While reading the Era Banner I learned there is a recent vacancy in the Council because one of the members resigned. I also learned there is a possibility of having a by-election that could cost the town $40,000.00 to have the new Council member. Is there a way we could save that moneyand still have a new member in Council? Could you maybe appoint some of the runner-ups from the past elections since they happened not too long ago? It just makes sense to look for other ways to 6x this situation without going through an expensive process. Thanks, ' Catalina David -Aurora Resident since 2002. Catalina David ' y -104- CO U RbyLC.p101AWIS;O2008 ITEM #-8-- 65 Panizza, Bob From: Nelson Morales' Sent: Monday, April 28, 2008 9:57 PM To: Morris, Phyllis Cc: Wilson, Al;McRoberts, Bob; Gaertner, Wendy; Buck, Evelyn; MacEachern, Evelina; Granger, Stephen; Collins-Mrakas, Alison Subject: New Council Member Madam Mayor and Council, I am somewhat disturbed by the recent article in the Era. Banner that there has been a recent vacancy (resignation) by one of the Council Members and that there is a possibility that the town will proceed with a by-election. The article states that it will cost the town $40,000.00 for a by-election and no real financial impact if Council appoints an individual. It also states that most municipalities would chose to go to a by-election as this is early in the term. I think there is a very valid argument that it beingearlyin the term it would make more sense to appoint someone who has already mn for council. Who to chose from the runner-ups would be determined by who is still interested. Thanks, Nelson Morales, Aurora Resident ut... -105- COUNCIL - MAY 13, 2008 ITEM # 8 - 66 PanPzza, Bob From: Mike Szomyi Sent: Monday, April 28, 2008 7:30 PM To: Morris, Phyllis; McRoberts, Bob; Gaertner, Wendy; Buck, Evelyn; MacEachern, Evelina; Granger, Stephen; Collins-Mrakas, Alison; Wilson, Al Subject: New council member. Dear Mayor and Council Members, After reading an article in the Era Banner this weekend, I wanted to express my concerns with statements made that there is a potential to have a by-election after the resignation of Grace March and potentially spending over $40,000.00 of our taxpayer's money when less than a year and a half ago, we had an election where the residents of Aurora clearly spoke, it's my view that you should go down the list of candidates that ran and ask in sequence if they are interested in taking the position. Let's move on and continue to be fiscally responsible. Mike Szomyi, Aurora Resident �1 -106- COUNCIL - MAY 139 2008 ITEM # 8 - 67 Panizza, Bob From: Walter Mestrinaro Sent: Thursday, May 01, 2008 3.37 PM To: Morris, Phyllis; McRoberts, Bob; MacEachern, Evelina; Gaertner, Wendy; Granger, Stephen; Collins-Mrakas, Alison; Buck, Evelyn; Wilson, AI Subject: Vacancy Mayor and Members of Council, Grace. Marsh's recent resignation is regretful. I trust that she has given this much thought and her decision to proceed as indicated was a difficult one. I'wish her the best in her future endeavours. As for the business of the Town and filling the vacany in particular, I believe that the council must act swiftly. The decision w.r.t, the process may be debated but in the end the successful canidate must have the support of all. There has been much debate as to which process to use, a by-election or an appointment of the next runner-up of the last election. On this matter it is clear that in the name of fairness, expediency and economics an appoinment is preferred. If my memory serves me correctly there is also precedent. I believe Councilor Buck was appointed to the position of Mayor some years ago, which she graciously accepted. I would think that if Grace Marsh had made this decision prior to being sworn in or shortly thereafter, this debate would be mute - the 9th place finisher would be asked to fill the vacancy. I don't see this as any different. Those that argue a by-election is required because the 9th place finisher somehow doesn't have the support of the people, must remember that the margin of victory for some members can best be defined as slim and I, for one, will say that, these members have served the Town well during their tenure. In the alternative, there have been instances, where members who were elected have acted in a manner that I would describe as unbecoming and not consistent with the expectations of the electorate. I would argue, a logical step for those who support a by-election on the grounds of minimal voter support, would be to support a form of recall for any Councilor that no longer enjoys the general support of the electorate. But this is clearly a matter for another venue. I respectfully request that John Gallo be appointed to fill the vacancy. Regards, Walter Mestrinaro -107- COUNCIL - MAY 13, 2008 ITEM # 8 - 68 Panizza, Bob From: Morris, Phyllis Sent: Sunday, May 04, 2008 1:26 PM To: Pan'izza, Bob Cc: Mayor and Councillors;' Subject: Fw: Vacant Council Seat As requested below "I would appreciate it -it you could please forward this email toallCouncil members, as well as to Mr Panizza" Mayor Phyllis Morris -----Original Message ----- From: Peter Craig To: Morris, Phyllis Sent: Sat May 03 22:51:03 2008 Subject: Vacant Council Seat Mayor Morris and Members of Aurora Council, I viewed with some considerable amazement (arid frankly some disbelief as well),the rebroadcast of the April 28 Special Council Meeting. Leaving aside my personal preferences as to how I think this matter should have been dealt with, it is 'my view that Aurora. Council now has no option but to proceed to appoint a replacement for Grace Marsh. It is apparent to me that Council'sactions at the above - noted meeting have eliminated any possibility ofconductinga by-electi.on.to fill the -� vacant Council seat. My reasoning is straightforward: i) Section 263(5) of the Municipal Act requires the municipality, within 60 days of the declaration of a vacancy, to either appoint a person to fill any Council vacancy; or to pass a by-law requiring a by-election to be held; iij Section 4.6.of Aurora's Procedural by-law provides for a suspension of procedural requirements, except in the case of a reconsideration (section 4.6 (c)) iii) On April 28 Council defeated a motion to hold a by-election to fill the vacant Council seat. By defeating the motion for a by-election, this alternative is nd longer available to Council for six months. The Town's own Procedural By�Law precludes a reconsideration of the defeated motion for a by-election. Consequently, in order to comply with the terms of the Municipal Act Council MUST appoint someone to fill the vacant seat within 60 days. There is no alternative (unless you choose to throw out the Procedural by-law and redraft it, in which case many more residents that just me will be upset). It disturbs me greatly that certain Council members appear to be of the view that the Town's Procedural By -Law is only relevant when it's terms and conditions support their - individual view of what constitutes an appropriate outcome. In this instance, there is no conflict between the Municipal Act and the Procedural By-law, except for the fact that the by-law's provisions don't suit the outcome that certain Council members desire. Furthermore, in my view, the Council's decision to authorize the use.Town funds to pay for legal advice on how to circumvent the Town's own Procedural By -Law is absurd! Council made the rules. Council members took an oath of office to abide by these rules. Council voted against, a by-election. Get on with what you're being paid to do- make decisions! - I would appreciate it if you could please forward. this email to all Council members, as ' well as to Mr Panizza (as an aside, it would be useful to have an email link on the Town's =108- COUNCIL - MAY 13, 2008 ITEM # 8 - 69 website that would allow someone to email all Council members without having to enter each .of. their email addresses. I couldn't find such a link -on the website). Thank you, - no*-r Craiq L— ora -109- COUNCIL- MAY 13, 2008 ITEM # 8 - 70 APPENDIX #2 THE CORPORATION OF THE TOWN OF AURORA By-law Number -08.0 BEING A BY -LAIN to Appoint a Person to fill the Vacancy for the Office of Councillor. WHEREAS THERE IS A VACANCY IN THE OFFICE OF COUNCILLOR FOR THE TOWN OF AURORA; AND WHEREAS SECTION 263 OF THE MUNICIPAL ACT ALLOWS A COUNCIL TO APPOINT A PERSON TO FILL A VACANCY IN THE OFFICE OF A MEMBER OF COUNCIL; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: 1. THAT be appointed to fill the vacancy in the Office of Councillor, 2. AND THAT be sworn into office at the Council meeting on May 27, 2008. READ A FIRST AND SECOND TIME THIS 13th DAY OF MAY, 2008. READ A THIRD .TIME AND FINALLY PASSED THIS 13th DA Y OF MAY, 2008. PHYLLIS M. MORRIS, MAYOR B, PAN/ZZA, TOWN CLERK -110- Reconsideration COUNCIL - MAY 137 2008 ITEM # 9 - 1 Panizza, Bob From: Evelina MacEachern Sent: Thursday, May 08, 2008 8:40 PM To: Panizza, Bob Subject: Fw: Reconsideration Attachments: 0260_001. pdf Mr. Panizza, Can you please place this memo on the next Council agenda. Thanks, Evelina MacEachern ----- Original Message ----- From: bpanizza@e-aurora...ca To: AIICouncillors@e-aurora.ca Cc: JRogers@e-aurora.oa ; RChambers a�7e-aurora.ca Sent: Thursday, May 01, 2008 3:37 PM Subject: Reconsideration Attached for your information is a memo that provides further details regarding the issue of reconsideration and the vacancy on council. Bob Panizza Director of Corporate ,Services «0260_001.pdf>> 5/9/2008 - 111 -- - MAY 1& 2008 ITEM # 9 - 2 AumbRA yowr��,600d�y MEMORANDUM Director of Corporate Services Corporate Services Department Date: May 1, 2008 To: Members of Council From: Bob Panirza, Director of Corporate Services Re: Vacancy of Councillor Office & Reconsideration of Motion At the Council meeting of Monday April 28, .you may recall that a motion was tabled regarding the by-election option which was subsequently defeated. Afterwhlch discussion ensued regarding the matter of reconsideration and section 4.6 that prevents the waiving of the Procedural By-law to reconsider an item. After further review., I wish to bring it to the attention of Council Members that the issue , of reconsideration can still be addressed using the existing section 5.20 of the . Procedural By-law which states: Reconsideration 5.20 (a) After a resolution/By-law thatdetermines the final outcome of a main. motion has been enacted, Council may not reconsider or rescind such resolution/By-law for a period of six months, except in accordance with these provisions. (b) Any Member may give notice of a motion to reconsider or rescind a resolution/By-law. (c) Such notice may only be given during the New Business/General Information - Councillors section of a meeting and may relate to a resolution/By-law enacted during that meeting or at a prior meeting. (d) If the motion is seconded, Council may only enact such a motion by . a two-thirds majority vote. {e) Where it is determined that a resolution/By-law shall be reconsidered, no further action shall be taken to carry into effect the affected resolution/By-law until after the motion to reconsider has been disposed of, either at the next regular meeting or at a special meeting called to consider the motion to reconsider. COUNCIL - MAY 13120AITEM # 9 - 3 AUIZOR.t�, yew,��y�d�y (f) No discussion of the affected resolution/By-law shall.he allowed at a Council meeting where notice to reconsider is given, until Council has voted to reconsider the same, but the Member giving such notice shall have the privilege of stating the reasons for doing so. (d) When the affected resoludonlBy-law is reconsidered, either at the next regular meeting or at a special meeting, it shall be declared lost, unless passed by the majority of the Members present. (a) Once a resolution/By-law has been the subject of a motion to reconsider duly seconded and voted on, such resolution/By-law may not again be reconsidered until six months after its original enactment and no resolution to reconsider may itself be the subject of a motion to reconsider. Therefore to summarize, a Member of Council has the opportunity to bring forward a Notice of Motion at the next General Committee meeting on Tues. May 6, and if it is seconded and supported by 2/3 majority of Council (6 out of 8) then the option to hold a by-election as well as.the option to appoint can be included on the Council agenda for May 20 where Council will be deliberating on filling the vacancy of the councillor's office. As a follow up to.Council's direction last Monday, arrangements have been made to obtain a legal opinion with respect to the potential conflict between the Town's Procedural By-law and the Municipal Act. It is expected that this opinion will be provided on Monday and arrangements will be made toe -mall you a copy by Monday evening. Bob WPanizza Director of Corporate Services - c. J. Rogers, C.A.O. COUNCIL - MAY 137 2008 ITEM # 10 - 1 AumaPA RECOMMENDATION FROM THE CLOSED SESSION MEETING HELD ON 6th DAY, of May, 2008 Moved by Councillor Granger Seconded by Councillor McRoberts That approval be granted to recruit the proposed incumbent to the position of Sponsorship/Special Events Assistant in accordance with the Town's Administrative Procedure No. 24. CARRIED -114- COUNCIL - MAY 13, 2008 ITEM#11-1 Panizza, Bob From: Phyllis Morris [phyllis@phyllismorris.net] Sent: Thursday, May 08, 2008 7:51 AM To: Panizza, Bob Cc: Rogers, John; Simanovskis, Iimar; Smart, Robyn Subject: Fwd: Northeast Traffic Calming M• I am concerned at what appears to be a significant delay in keeping the commitment we made to the community ( and area residents) to conduct an assessment in the Spring, and the fact the community, will suddenly see extra calming measures being installed shortly without any knowledge ( as to why ) at this time. Therefore, please place this so that Council can discuss any concerns they may have, Thankyou Phyllis Morris Mayor request and. Ilmar's email onto the Council agenda at next weeks Council meeting From: Simanovskis, Ilmar Sent: May 7, 2008 4:17 PM To: Morris, Phyllis Cc: Rogers, John; Clarke, Ann Subject: Northeast Traffic Calming Mayor Morris, I need to correct a statement on the northeast traffic calming project I made last night. It is not just the top asphalt that is required on Mark Street, but also three sets of speed cushions. I have also learned that it would be inappropriate to remove these speed cushions as they are part of the traffic calming plan that was approved by the community. I'm sure there would be residents. concerned if we did not install what was identified in the plan. - 115 - 5/8/2008 COUNCIL - MAY 13, 2008 ITEM # 11 - 2 The contractor is on site now and is preparing for top asphalt, with the remaining cushions going in shortly thereafter. The traffic counts will then be undertaken in September once normal traffic volumes resume after the summer break Hope this clarifies the situation. Ilmar Simanovskis, P.Eng., MBA, PMP Director of Public Works_ Town of Aurora Tel: (905) 727-3123 Ext 4371 Fax: (905) 841-7119 Web: www.e-aurora.ca -116- 5/8l2008 COUNCIL - MAY 13, 2008 ITEM # 12 - 1 /:. TOWN OF AURORA .AURQ" COUNCIL No.FS08-021 SUBJECT: 2008 Property Tax Rates and Ratios FROM: L. John Gutteridge, Director of Finance/Treasurer DATE: May 13, 2009. RECOMMENDATIONS THAT the property tax ratios and tax rates for the 2008 taxation yearbe established as follows: Broad Property Class Tax Ratio Tax Rate ResidentialLFarm 1.0000 0.00377146 Multi -residential 1.0000 0.00377146 Commercial 1.2070 O,00455215 Industrial 1.3737 .0.0051 8085 Pipeline 0.9190 0.00346597 Farmland 0.2500 .0.00094286 Managed Forest 0.2500 0.000942.86 THAT By-law 5026-08.F establishing the 2008 Property Tax Rates for the, Town of Aurora be approved at the Council Meeting scheduled for May 13, 2008. PURPOSE At its meeting on April 22, 2008, Council adopted the 2008 Capital and Operating Budget for the Town of Aurora with a. net property tax levy requirement of $24,706,635. The purpose of this report is to recommend the property tax rates required to generate, the net property tax levy for the Town of Aurora. - 117 - COUNCIL -.MAY 13, 2008 ITEM # 12 - 2 May 13, 2008 - 2 - i Report No. FS08-021 BACKGROUND Tax Ratios The establishment of Tax Ratios is the responsibility of the Regional Municipality of York. Tax ratios represent the amount of taxation to be borne by each property class in relation to the residential tax class. The ratios reflect how the tax rate of a property class compares to the residential tax rate, with the residential class tax ratio begin equal to "one". Unless otherwise approved by the Province, municipalities may only move their ratios within or closer to the "Range of Fairness". Table 1 illustrates the Range of Fairness established by the Province and the Region of York's approved tax ratios for 2007 as well as 2008. Table 1 Comparison of Provincially Prescribed Ranges of Fairness, the Approved Ratios for 2007 and the Approved Ratios for 2008 Property Class _ Range of Fairness Approved 2007 Ratios Approved 2008 Ratios Residential 1.0000 1.0000 1.0000 Multi-residentlal 1.0 to 1.1 . 1.0000 1 A000 Commercial 0.6 to 1.1 1.2070 1.2070 Industrial 0.6 to 1.1 1.3737 1.3737 Pipeline .0.6 to 1.1 0.9190 0,9190 Farmland 0.2500 0,2500 .0.2500 Managed Forests 012500 ' . 0.2500 0,2500 While the tax ratios for the multi -residential, commercial, industrial and pipeline classes are determined by Regional Council, the tax ratio for the managed forests class is prescribed by the Province at 25% of the residential rate. The Region has also the option to use the provincially prescribed tax ratio of 0,25 for the farmland class, which the Region has adopted; or apply a tax ratio of less than this amount. Subsection 313(1) of the MunicipalAct, 2001(the "Act") requires reductions in the tax rate for the vacant land and excess land subclasses of the commercial and industrial property classes; an upper -tier municipality has the option to establish a single rate for both subclasses. In 2004, as part of a review of its long term tax -policy, Regional Council approved maintaining the discounts on the vacant land and excess land subclasses in the Commercial class at 30% and in the Industrial class at 35%. Discounts for the first and second subclasses for farmland awaiting development were maintained at 75% and 0% respectively. - 118 - COUNCIL -MAY 13, 2008 ITEM # 12 - 3 May 13 2008 .3- Report No. FS08-021 Subsection 308(5) of the Act requires that Regional Council establish tax ratios through a by-law in each year for the upper -tier and lower -tier municipalities. As there has been no property reassessment in 2008. the tax ratios for 2008 have not be changed. Tax Rates Subsection 312(2) of the Act requires that Council pass a rating by-law.in each year which .set out the tax rates for each property class that would raise sufficient revenues to meet its budgetary requirements. Property tax rates are calculated based on the following formula: Tax Ratio . Property Tax Rates = Total Property Tax Funding Requirements for 2008 x for Total Weighted and Discounted CVA for 2008 Each Class The 2008 property tax rate calculations for the Town of Aurora are contained in Attachment #1 of this report. Table 2 compares the 2007 approved Municipal fax rates and the 2008 proposed Municipal. tax rates .for the broad property tax classes. Table 2 2007 Actual and 2008 Proposed Municipal Tax Rates Broad Property Class 2007 Approved Municipal. Tax Rates 2008 Proposed Municipal Tax Rates Residential%Farm 0.00359182 0.00377146 Multi -residential 0.00359182 0.00377146 Commercial 0.00433533 0.00455215 Industrial 0.00493408 0.00518086 Pipelines 0.00330088 0.00346597 Farmland 0.00089795 0.00094286 Managed Forests 0.00089795 0.00094286 On April 24, 2008, Regional Council approved its 2008 Budget.with a property tax funded expenditure of $701,351,000. This represents an associated tax levy increase for 2008 of 3.98%. Table 3 compares .the 2007 approved Regional tax rates and the 2008 proposed Regional tax rates for the broad property tax classes. -119- COUNCIL - MAY 139 2008 ITEM # 12 - 4 n May 13, 2008 - 4 Report No. FS08-021 . Table 3 2007 Actual and 2008 Approved Regional Tax Rates Broad Property Class 2007 Actual Regional Tax Rates 2008 Proposed Regional Tax Rates Residential/Farm 0.00495729 0.00515464 Multi -residential 0.00495729 0.00515464 Commercial 0.00598345 _ .0.00622165 Industrial .0.00680983 . 0.00708093 v Pipelines 0.00455575 0,00473711 Farmland 0.00123932 0,00128866 Managed Forests 0.00123932 0.00128866 On December 27, 2007, the Deputy Minister of Finance announced the for the 2008 taxation year residential education tax rates will remain unchanged from the 2007 rates. This continues the Provincial Government's policy of not updating.Education tax rates in a non -reassessment year. However, business education tax (BET) rates will be set according to the plan announced in the 2007 Ontario Budget. Under this plan, BET rates will be reduced over the next seven years. This will lower high BET rates to. a target maximum rate of 1.60% by 2014. On April 22, 2008, Ontario. Regulation (O. Reg.) 103/08 made under the Education Act amending O. Reg 40.0/98 setting the 2008 education tax rates for school purposes was filed by the Minister of Finance. The 2007 Ontario Budget also announced that all eligible new construction initiated after March 22, 2007 will immediately be subject to the 1.60% target maximum BET rate. This measure will immediately establish a more level playing field for businesses facing decisions about whereto build new manufacturing facilities or other business complexes. The government will be creating new construction property tax classes to facilitate a lower education tax.rate for new construction. These new property tax classes are for education tax purposes only and will reflect existing definitions for commercial and industrial property classes. The Ministry of Finance plans to consult with municipalities, business taxpayers and other stakeholders on the possibility of.enabiing municipalities to also set a lower rate tax rate for new construction. Eligibility will be determined in part based on the requirement that new construction must increase the current value assessment (CVA) by 50% over a period of 5 taxation years. Full eligibility criteria should be available on the Ministry of Finance website. 4_J -120- COUNCIL - MAY 139 2008 ITEM # 12 - 5 May 13, 2008 - 5 - Report No. FS08-021 Table 4 lists the 2007 approved and 2008 regulated education tax,rates for the broad property tax classes. Table 4 2007 Approved and 2008 Proposed Education Tax Rates Broad Property Class 2007 Approved Tax Rates 2008. Proposed Tax Rates Residential/Farm 0.00264000 0.00264000 Multi -residential 0.0026,4000 0.00264000 Commercial. _ 0.01492897 0.01492897 Industrial 0.01658072 0.01656911 Pipelines 0.01756056 . 0,01752935 Farmland 9.00066000 0.00066000. Managed Forests 0.00066000 0,00066000 New Construction -Commercial . 0.01492897 0.01492897 New Construction — Industrial 0,01600000 0.01600000 A summary of the 2007 property tax rates and total taxes to be levied for each tax class by jurisdiction i.e. Town, Region and Education can.be found in Attachment #2 of this report. COMMENTS Current Value Assessment (CVA) The Municipal Property Assessment Corporation (MPAC) last -reassessed properties in 2005 with an, evaluation date of January 1, 2005 for the 2006, 2007 and 2008 taxation years. Current Value Assessment is based on sales and other factors that simulate .a property's market value. While province -wide reassessments Were scheduled to occur annually commencing for the taxation year 2006, the Minister of Finance announced in June 2006 that property reassessments would be cancelled for the purposes of the 2007 and 2008 taxation years to allow for the implementation of the Ontario Ombudsman's recommendations for Ontario's property assessment system. As a result, the assessment values used for the 2008 taxation year continue to be based on the evaluation date of January 1, 2005. Subsequently, the 2007 Provincial Budget announced that starting with the 2009 taxation year, properties in Ontario will be reassessed on a four year cycle with increases in CVA being.phased-in over the next four years (2009 — 2012). - 121 - COUNCIL MAY 139 2008 ITEM # 12 - 6 May 13, 2008 - 6 - Report No. FS08-021 Mandatory Property Tax Cap Properties in the Commercial, Industrial and Multi -residential tax classes continue to have their property taxes.increasescapped ortheirproperty.taxdecreases clawed -back. This'is. amandatory program that has been in place since property tax and property assessment reform commenced. for the 1998 taxation year. The longterm strategy. approved by Regional Council in 2002 recommended there be no change to the policy of funding the mandatory Cap on assessment related property tax increases for the commercial, industrial and multi residential tax classes through the clawback of tax decreases. It is anticipated that comprehensive date will not be available from the Ontario Property Tax Analysis (OPTA) services until June 2008 and thus Regional Council will not establish/finalize the 2008 Clawback rates until July 2008. Therefore, as in previous years, 2008 final property tax bills for the capped classes will not be issued until . August 2008. 2008 final property tax bills for the uncapped classes will be issued in June 2008 with installments due in July and September 2008. OPTIONS ➢ None FINANCIAL IMPLICATIONS Table 5 lists the distribution of Aurora's 2008 property tax levy and their corresponding .proposed tax rate for 2008. Table 5 2008 Aurora Tax Levv and Prnnnsad Prnnbrty Tay Pnfac by Mn Qa Prope�rty Assessment Class I Aurora Tax Levy Generated Aurora Tax Rate Residential/Farm $20,691,336 0.00377146 Multi -residential 279,002 0.00377146 CommercialOccupied 1,956,060 .0.00455215 Commercial Excess Land 29,670 0.00318650 Commercial Vacant Land 184,929 0.00318650 Office Buildings 212,205 0.00455215 Office Buildings Excess Land 13,555 0.00318650 Shopping Centres 388,142 0.00456215. Shopping Centres -Excess Land 6,800 0.00318650 Industrial Occupied 393,920 0.00518085 Industrial Excess Land 27,196 0.00336755 Industrial Vacant Land 81,118 0.00336755 -122- COUNCIL - MAY 13, 2008 ITEM # 12 - 7 Mav 13, 2008 - 7 - Report No. FS08-021 Industrial(previous Ontario Hydro) 15,750 0.00518085 Industrial FAD Phase 1 1,737 0.00094286 Large Industrial 280,400 0.00518086. Pipeline 31,904 0.00346597 Farmlands 11,825 0,00094286 Managed Forests 714 1 0.00094286 Railway Right -of -Way 15,174 Utility Transmissions 85,198 Total 2008 Aurora Tax Lev $24,706,635 i ax rates for nnear properties nave peen prescnoeo py the minister of 1-mance The financial implications of the Town of Aurora's 2008 Operating and. Capital Budgets were discussed in detail during budget deliberations. The resulting 5.0% net tax levy increase in combination with the Region of York and Educationnet levy requirements has the overall impact on property taxes for the sample properties detail in Table 6. and Table 7. Table 6 Residential Proaerty Tax Increase with CVA'of $300.000 2007: 2008 $ INCREASE INCREASE Assessment $300,000. $300,000. Town Tax Levy $1,077.55 $1,131.44 $ 53.89 5.00 Regional Tax Levy 1,487.19 1,546,40 $ 59.21 3.98 %. Education Tax Levy_792.00 792.00 $ 00.00 0.00 % Total Tax Lev . $3,356.73 $3,469.83 $113.10 3.37 % Table 7 Commercial Pronertv Tax Increase with CVA of $300.000 2007 2008 $ INCREASE INCREASE Assessment $300,000. $300,000. Town Tax Lev $17,300.60 $1,365.64 $ 65.04 5.00 % Regional Tax Levy 1,795.04 _^ 1,866.50 $ 71.46 3.98 %o Education Tax Levy 4 470.69 4 478.69 .00.00 0.00 % Total Tax Levy $7,574.33 $7,710.83 $136,50 1.80 %U . CONCLUSIONS The 2008 property tax rates are compared to the 2007property tax rates in Attachment #3 of this report. The overall net tax rate increase to each property tax class is a refection of -123- COUNCIL - MAY 13, 2008 ITEM # 12 - 8 May 13, 2008 - 8 - Report No. FS08-021 the Town of Aurora and Region of York's property tax levy increases. As indicated earlier in this report, the 2008 property tax rates as set by the Minister of Finance for Education purpose remain unchanged. The overall residential property tax rate increase for 2008 is 3.37 %. The overall commercial and industrial tax rate increase for 2008 is lower at 1.80 %. The Town and Region's percentage share of the full commercial/industrial rate is 41.92% with the Education share being 58.08%. Whereas the Town and Region's percentage share of the full residential rate is 77.18% with the Education share being 22.82%. Thus an increase to the Town and Region rates has a greater impact on Residential properties than on Commercial/Industrial properties. LINK TO STRATEGIC PLAN Goal "A" - Maintaining a well managed and fiscally responsible municipality. ATTACHMENTS Attachment #1 - 2008 Town of Aurora Tax Rate Calculations Attachment#2 — Schedule A to By-law 5026-08.F Attachment #3 — Tax Rate Comparison 2007 to 2008. PRE-SUBMISSION REVIEW Senior Management Team — Wednesday, April 30, 2008 Prepared by: Paul Dillman, Deputy Treasurer/Tax Coilector-E'xt. 4112 l / !' L"Jo n Gutteridge Director of Finance/Treasurer -124- John S. Rogers Chief Administrative Officer COUNCIL - MAY 13$ 2008 ITEM # 12 - 9 TOWN OF AURORA- 2008 LOWER TIER TAX LEVY TAX RATE CALCULATIONS 2007 OVA AS AT DECEMBER 11, 2007 FOR THE TAXATION YEAR 2008 (ROLL RETURN) FS08.021 MAY 13,2008 - ATTACHMENT#11 BUDGET APPROVED - APRIL 22, 2008 2008 TAX 2008 TAX ,k1EVENH:E_ .PROPERTYCLASS TAX ASSESSMENT RATIOS WEIGHTED RATE IeEQUIREMENYS CLASS FOR 2008 As Approved ASSESSMENT Roll Returned by 11-Dec-07 Reg of York - 24Apr-08 Residential' RT 5,486,298,805 1.000000 5,486,298,805 0,00577146 _ Multi -Residential MT 73,977,740 1.000000 73,977,140 0,00377146 Commorcial-Occupied Commercial -Excess Land CT CU 429,700,543 0,311,070 1,207000 0,844900 518,648,555 7,866.923 0,00455215 0.00318650 Commercial -Vacant Lend CX 58,035,000 0.844900 49,033.772 0.00318650 $.-:4.8¢,929L TOTAL COMMERCIAL 497,046,613 EMENOM 575,549,250 .2,170659 Office Buildings -Occupied 010ce Buildin s-Excess Lantl DT DU 46,616,370 4,264,000 1.207000 � 0.844900 66,265,959 3,604,206 0.00455215 0.00318660 $ 2722Q5 $ .=_ 2.aw TOTAL OFFICE BUILDINGS 50870370 OBIWARM 59,860163 ou.4990M$ 235760e Shopping Carnres-Occupled ST - 05,205,005 1,207000 102,915,585 0.00456215 3881d2.Y Slho2ping Centres -Excess Land SU 2,133,935 0.844900 _ 1,802,962 0,00318050 TOTAL SHOPPING CENTRES TOTAL COMMERCIAL 87,399,540 635,316,623 104,718,647 148,127,960 ,g , jgy gg1:_ $ 2,7g1,340= Industrial -Occupied Industrial -Taxable -Share Like PIL Industrial -Excess Land Industrial -Vacant Land Industrial -Farmland Awaiting Development IT IH IU IX 11 76,033,820 3,040,000 8,075,850 24,088,000 1.842,000 1.373700 1.373700 0.892905 0,892005 0.260000 104,447,659 4,176,048 7,210.967 21,508,296 460.500 0.00518085 0.00518085 0.00336755 0.00336755 0.00094286 30920-. =f5750'' 274963 TOTAL INDUSTRIAL 113,079,070 MIMMEMIM 137,803,489 Large IndidstrialtOcculed LT 54.122405 1,373700 74348,030 0.00518085 $ 2804Q0-. TOTAL LARGE INDUSTRIAL 54,122,465 74,348,030 TOTAL INDUSTRIAL 167,202,135 212,151,499 $I 'y80011311ij Pipeline PT 9,205,000 0.9190W 8,459,395 0.00346597 Farmlands FT 12,541,490 0,260000 3,135,373 0.000942B6 Managed Forests TT 757,250 0,260000 189.31 00.00094286 TOTAL RETURNED ASSESSMENT Q385298343 6,524339404 ,24,6Q¢2¢2:i $ 31638: $ .11,642; $ 0$,932'' RAILWAY RIGHT'S OF WAYS -Lower Tier only W7 14.03 acres - $ 258.81) RAILWAY RIGHT'S OF WAYS -Lower Tier Educ. Share WT 14.03 acres $ 822.69 UTILITY TRANSMISSION LINES -Lower Tier only UH 54.56 acres $ 353.18 UTILITY TRANSMISSION LINES -Lower Tier Educ Share UH 54.55 acres $1,208.66 SUB -TOTAL $ 100 373r TOTAL TAX LEVY $ 24 %06636- LEVY REQUIREMENTS 2007 Tax Levy $ 22,93ti YEAR 2006 RESIDENTIAL RATE INVOFC) Projected Impact of Growth 2007 Adjusted by Growth 2008 Lower4ier Increased Tax Levy Requirments $ 613,262 $ 23,552,331 $ 1,164,304 2,67% 5.03% 2008 Residential Rate 2007 Residential Rate 0,00377146 0.00359152 TOTAL COWER TIER 2008 ESTIMATED TAX LEVY $ 24,706,635 2008 Residential Rate Inc 0.00017964 Less: Lower Tier 2000 Railway -Rights or Way (WT) $ (3,632) 2008 % Residential Rate Increase 5.000/. Less: Lower Tier 200E Railway -Rights of Way (Wr) Educ $ (11,642) Less: Lower Tier 2008 Utility Transmission(UH) $ (19,266) Less: Lower Tier 200E Utility I ransmission(UH)Educ. $ (65,932) - TOTAL $ 24,606,262 divided by B,524,339,484 equals Residential Tax Rate 0.00377146 -125- COUNCIL - MAY 139 2008 ITEM # 12 - 10 C O O n'V V n a M m W W N OI M N N q O O O P oo oao ao 00000 0 0 0 0 W -M HMV NfP'I N'. M1 M N VE NN'. 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O 0 0 0 0 0 0 0 0 0 O O O O 1 � N K L (9 M M O O to to O to to O N LLJ �fi 4 (p N n M M 1 O V q' N 4 ro w m M CA co M Mtn to .M m m M m 01 M M r• h w t W M M -d j h h to to to - M M m V M 4 Q M M d' M t� d' M d' M to in.M M O tCl M 4 O y,• O O O O O O Cf 0 0 0 O O O O O O 0 0 O O O O O O O d 0 0 O O O O O O O O a' 2T U U 0 ❑ O N In ~ =� J b LL 1- Ti L 9 N 0 C 0 C t0 J J V � U •O C.0 � LL 0 C _ LL> N JJ C _ 7 U.tU ro lye a ro LL y N N W C lL ro IL W> ai ui X ' m m m m u., LL W> li X ti 1- a .0 a F H F" F- Gi Gi ui ui ai ro h v ro tC x ro m X X 0 0 d m a .0 a- U. X X ro X X �- N d m v m et ro a v (1 U F% Fro F% F- F% • 0 N N m W �� ro NiV iC i6 '� 0 U. X GUL1 c m ro v U U J� N 2 U U U 00 TIOM 0 4 Z -1✓ (D V M 7 M V (f C n n O NON O 0 0 0 0 0 O O O O O i M M V V O O - 0 0 (�O M (QD f4D N 0 0 0 0 0 O O P 4 O r N N h r O O O O O P O O O O w U U n U CO ICI - MAY 13, 2008 Dr. Helena Jaczek, M.P.P. fl\ Oak Ridges - Markham ontaro The Honourable Gerry Phillips Minister of Energy 4th Floor Hearst Block 900 Bay Street Toronto, Ontario M7A 2E1 Dear Min' r Phillips, ITEM #13-1 DECEIVED MAY 1112008 MAYORS May 1, 2008 I would like to Inform you that I have received correspondence from residents of my riding of Oak Ridges -Markham, the Concerned Citizens of King, the King Countryside Stewardship Alliance and the Ontario Clean Air Alliance, all of whom have drawn my attention to their concern regarding the proposed construction of a 350 megawatt power plant in Northern York Region. They claim that the decision to construct this power plant is based on flawed and outdated data. In particular, they question the growth projection of 3% per year and feel future demand has been over -estimated. They point out the current projections indicate that demand is slowing as conservation programmes are being enthusiastically embraced by residents, businesses and industry. In addition, the cost of such a plant has been a source of concern. As I'm sure you are aware, the Council of the Township of King, the Council of the Town of Aurora and the Council of the Town of Georgina have passed resolutions that you be asked to direct the OPA to reconstitute the Northern York Region Working Group to develop a better plan to meet Northern York Region's electricity needs. On behalf of the residents of my riding, I would like to urge you to suggest to affected Municipal Councils that they may wish to form their own advisory groups. It would be helpful if the Regional Municipality of York assisted these groups by coordinating their activities and that the OPA take on a leadership role. 137 Main Street North, Suite 201, Markham, ON LSP 1Y2 • T - (905) 294-4931 F - (905) 294-0014 Toll Free- 1 866 531-9551 1✓ - hjaczelcanpp.wOO liberal,ola.org -128- COUNCIL - MAY 13; 2008 ITEM # 13 - 2 As we move forward, I believe it is important that the host community feel confident that there is a need for a plant of this size, using current, trustworthy data. Thank you for your attention to this issue. Yours sincerely, Dr. Helena Jaczek Copy: Mayor Margaret Black, Township of King mayor Phyllis Morris, Town of Aurora Mayor Rob Grossi, Town of Georgina Debbie Schaefer, Chair, The Concerned Citizens of King Andrea Loeppky, The King Countryside Stewardship Alliance Jack Gibbons, The Ontario Clean Air Alliance D. Brian Hay, Ontario Power Authority Bill Fisch, Chair, Regional Municipality of York i 2 -129- COUNCILIE MAY 1$3. 2008 BY-LAW 5026 THE CORPORATION OF THE TOWN OF AURORA e,�pWn Of'9C/r O �r .41 qnp ° By-law Number 5026-08.F it BEING A BY-LAW to set and levy the Rates of Taxation for the year 2008. WHEREAS it is necessary for the Council of the Corporation of the Town of Aurora (the "Town") to levy pursuant to the Municipal Act, 2001 S.O. 2001 c. 25 as amended (the "Act"), certain tax rates on the whole of the rateable property according to the last revised assessment roll for the Town for the purpose of raising the Town's estimated expenditures adopted for the. year 2008, and these tax rates are included in the tax rates shown on Schedule "A" to this by-law; AND WHEREAS the property classes have been prescribed by the Minister of Finance under the Assessment Act, R. S.O. 1990ch.A.31 as amended and Regulations thereto; AND WHEREAS The Regional Municipality of York has approved the tax rates and tax ratios to raise their estimated expenditures adopted for the year 2008, an these tax rates are included in the tax rates shown on Schedule "A" to this by-law; AND WHEREAS pursuant to Ontario Regulation 400/98 as amended by Ontario Regulation 98106, the Ministerof Finance has established the Education Tax Rates for all property classes for the year 2008, and these tax rates are included in the tax rates shown on Schedule "A" to this by-law; AND WHEREAS an Interim Tax Levy was made on the Residential, Multi -Residential, Commercial, Industrial, Pipeline, Farmlands and Managed Forest classes of property, - before the adoption of the estimates for 2008 year; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. THAT for the year 2008, The Corporation of the Town of Aurora shall levy upon the Residential Assessment, Multi -Residential Assessment, Commercial Assessment, Industrial Assessment, Pipeline Assessment, Farmland Assessment and Managed Forest Assessment the rates of taxation per current value assessment, as adjusted by the provisions of Bill 140, as set out in the Schedule "A" attached to this By-law; 2. THAT the estimates for the current year are as set forth in Schedule "A" attached to this by-law; 3. THAT the levy provided for in Schedule "A" attached to this By-law shall be reduced by the amount of the interim levy for 2008 on the Residential, Multi- Residential, Commercial, Industrial, Pipeline, Farmlands and Managed Forest classes of property; 4. THAT for the payments —in -lieu of taxes due to The Corporation of The Town of Aurora, the actual amount due to The Corporation of the Town of Aurora shall be based on the assessment roll and the tax rates as prescribed in Schedule "A" for the year 2008. 5. THAT for the railway rights of way taxes due to The Corporation of the Town of Aurora in accordance with the Regulations as established by the Minister of Finance, the actual amount due to The Corporation of the Town of Aurora shall be based on the assessment roll and the tax rates as prescribed in Schedule "A" for the year 2008. 6. THAT for the utility transmission line taxes due to The Corporation of the Town of Aurora in accordance with the Regulations as established by the Minister of Finance, the actual amount due to The Corporation of the Town of Aurora shall be based on the assessment roll and the tax rates as prescribed in Schedule "A" for the year 2008, -130- COUNCI MAY 1 2008. BYA AW 5026 By-law No 5026-08.F - Page 2 7. THAT all taxes levied under the authority of this By-law, shall be due and payable in two instalments on Friday. July 25, 2008 and Wednesday, September 24, 2008, These due dates are subject.to amendment by the Treasurer, if required, to meet the statutory notice period required in the Act. 8. THAT all taxes payable under the Pre -authorized Tax Payment Plans, shall be due and payable on the last business day of each calendar month, starting in - January and continuing as required until December, 2008. 9. THATthe Treasurer shall add to the Collector's Roll all arany Municipal charges in arrears for Water and Sewer Billings, Cutting Weeds, Property Standard Infractions, or any other charges which should be levied pursuant to any Statue or By-law against the respective properties chargeable therewith and that the same shall be collected by the Treasurer in the same manner and at the same time as all other rates or levies. 10. THAT interest at the rate of one and one quarter percent (1.25%), (15.0% per - annum), shall be levied on the non-payment of any instalment of the taxes or any portion thereof on the first day of each calendarmonth following default, but not after the 31s' day of December, 2008. 11. THAT if any taxes levied pursuant to this by-law remain unpaid as at December 31, 2008, interest at the rate of one and one quarter percent (1.25%) (15.0% per annum) of the unpaid taxes shall be levied from January 1s', 2009 for each month or fraction thereof until such taxes are paid. 12. THAT if in default of any instalment by the day named for payment thereof, the subsequent instalments shall forthwith become due and payable. 13. THAT the Treasurer is hereby authorized to mail or cause to be mailed the notices specifying the amount of taxes payable by a person liable for property taxes, addressed to them at their place of residence or place of business. 14, THAT the Treasurer shall apply all payments received, including partial payments to accounts on a consistent basis. 15. THAT Schedule "A" attached hereto shall be and form a part of the By-law. 16, THAT the provisions of this By-law shall come into force and take effect upon third reading thereof. 17. THAT where there is a conflict between a provision(s) of this by-law and any other by-law of the Town of Aurora, the provision(s) of this by-law shall prevail to the extent of the conflict. 18. THAT in the event any part or provision, including any part or provisions of a Schedule(s), is declared by a court of competent jurisdiction to be void, illegal or in alid, the offending part or provision shall be considered as separate, severable and struck out from the remaining parts or provisions of .this by-law which parts or provisions shall remain valid, binding and of full force and effect. READ A FIRST AND SECOND TIME THIS 13TH DAY OF MAY, 2008. READ A THIRD TIME AND FINALLY PASSED THIS 13TH DAY OF MAY, 2008. PHYLLIS M. MORRIS, MAYOR B, PANIZZA, MUNICIPAL CLERK - 131 - COUNCIL - MAY 13, 2008 BY-LAW 5026 I O o ^ m 6di n O . m o o vNi m d' uNi uNi m 0 M M N w I w W m n n I T w r r m m m m N m n w m N m N O O O O Oo O No.. O O O O O O O O O O O O O O O O O O O O OI' O wIti NmmMd N W wdO'ON Mw NW 'n In4 c : 'M . d O OI N N N w N OI N N N Qi N N N Ox O m N m 10 m m M N O 19 O m m m N � N- V O. 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IO N. m `O MNmwm m n m fD m m V d N N w w m m N w m OI iyp' m m r r N m m m N m m m an d m O O 1nJ M V M tll um� V CJ V M �(1 N OJ OJ O Y) M m m N � o O O O O O O O O O O O O O O O O d ddd dd dd dddd'd o Q o w w K U U U 0 0 ND a a C ry J A N C .O D j J 6 YO f/ rO LL �� li W LL> ry Jn J C LL IL � W N� % T T 1- N N N W N .% % r m n n n LL m a p `a m C L F F [ U % x% x x 75 a m m m 'O 'o U U F- F F f F f. a LL m rn N U'U 'U 'j Q� N O N 0 N O F p O O O O O O N O O O O O J C N [ o t- w www vi. rw a 2 v m M % d FN O O 0 O N y J O C i 0 N N N N N N N M F o 0 0 0 00 n odd mom d: w N '- M OOI� M: N M'pf N Vj M N N � YD O N m N M N o % h m w'w w N w Q U c O N b N w b b d m M r w Ny n j0 dm �" Dodd d w L v C<.'. O-: mM,m M) b E N ry ram" 6 M _W a c c N r W J O q w N N S N US LL� f a 3 p m N a EL m m m m Z v v d q W a E E E E 'x E E E K UUU � K r F -132- e,�oW 3o{ l4,o THE CORPORATION OF THE TOWN OF AURORA By-law Number 5030-08.0 BEING A BY-LAW to Confirm Actions by Council Resulting From Council Meeting 08-14 on May 13 2008. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA HEREBY ENACTS AS FOLLOWS: THAT the actions of the Council at its Council meeting held on May 13, 2008 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 13' DAY OF MAY, 2008. READ A THIRD TIME AND FINALLY PASSED THIS 13TH DAY OF MAY, 2008. PHYLLIS M. MORRIS, MAYOR B. PANIZZA, TOWN CLERK ADDITIONAL ITEMS TABLED FOR COUNCIL MEETING Tuesday, May 13, 2008 ➢ Replacement Page 5 of Council Agenda ➢ Delegation (b) - Mr. Bill Hogg Re: Item 8 - CS08-020 - Vacancy Office of Councillor ➢ Delegation (c) Mr. Hans J. Stech Re: Item 8 - CS08-020 — Vacancy Office of Councillor ➢. ADDED ITEM 14 - Correspondence from Mr. Geoffrey Dawe Re: Item 8 - CS08-020 — Vacancy Office of Councillor ADDED ITEM 15 - Correspondence from Mr. John Gallo Re: Item 8 - CS08-020 — Vacancy Office of Councillor Council Meeting No. 08-14 Page 5 of 6 Tuesday, May 13, 2008 REVISED 10. Recommendation from Closed Session - May 6, 2008 Re: Appointment Sponsorship/Special Events Assistant (Tabled by Mayor Morris) RECOMMENDED: pg. 114 THAT approval be granted to recruit .the proposed incumbent to the position of Sponsorship/Special Events Assistant in accordance with the Town's Administrative Procedure No. 24. 11. E-mail from Director of Public Works pg. 115 Re: Northeast Traffic Calming (Tabled by Mayor Morris) RECOMMENDED: THAT Council provide direction. 12. FS08-021 - 2008 Property Tax Rates and Ratios pg. 117 RECOMMENDED: THAT the property tax ratios and tax rates for the 2008 taxation year be established as follows: Broad Property Class Tax Ratio Tax Rate Residential/Farm 1.0000 0.00377146 Multi -residential 1.0000 0.00377146 Commercial. 1.2070 0.00455215 Industrial 1.3737 0.00518085 Pipeline 0.9190 0.00346597 Farmland 0.2500 0.00094286 Managed Forest 0.2500 0.00094286 THAT By-law 5026-08.F establishing the 2008 Property Tax Rates for the Town of Aurora be approved at the Council Meeting scheduled for May 13, 2008. ADDED ITEM Delegation (b) Panizza, Bob From: Bill Hogg _ _ Sent: Sunday, May 11, 2008 1:09 PM To: Panizza, Bob Subject: Delegation Status Would you please put me down as a speaker on Tuesday Cheers! Bill Hogg Willow Farm Lane Aurora, Ontario, L4G 5/12/2008 YoWre, 4P& good, compax ADDED ITEM Delegation (c) DELEGATION REQUEST Corporate Services Town Clerk 905-727-3123 info@e-aurora.ca Town of Aurora 1 Municipal Drive, Box 1000. Aurora. ON L4G 6A Requests for delegation status, any written submissions and background information for consideration by Council or committees of Council must be submitted to the Clerk's office by 4:30 P.M. ON THE MONDAY PRIOR TO THE REQUESTED MEETING PLEASE PRINT COUNCILICOMMITTEEIADVISORY COKIIII IITTEE DATE: SUBJECT: 0 Street PHONE: '1-1011WE: BUSINESS: FAX NO.: E-MAIL ADDRESS: a 1 Personal information on this form is collected under the legal authority of the Municipal Act, as amended. The information is collected and maintained for the purpose of creating a record that is available to the general public, pursuant to Section 27 of the Municipal Freedom of information and Protection of Privacy Act. Questions about this collection should be directed to the Town Clerk, Town of Aurora 1 Municipal Drive Box 1000 Aurora, ON L4G 6,11 Telephone 905 727-3123. Community From: Geoffrey Dawe Sent: Tuesday. Mav 06. 2008 7:35 PM To: ' Subject: Aurora By -Election ADDED ITEM - 14 Greetings As most of you, if not all, are aware, Councilor Grace Marsh resigned her council seat. The purpose of this email is not to address that specific issue, but to address the issue of replacing ex -Councilor Marsh. The Municipal Act, the governing act, allows for two options: appoint a replacement councilor or hold a by-election. I am writing you to encourage you to accept the by-election option. The remaining time for this term is two and one-half years, just slightly less than the previous terms, which were three years. Given that there have been some substantial changes in how our Council seems to operate, I believe the only appropriate course of action to ensure transparent and open governance is to hold a by-election. The issue of cost has been brought up, with a range of $35 - 40,000. This is not an insubstantial amount of money, but amortized over the population of the town, it would be less than $1.00 per resident. Given some of the ways you can spend your money, I would suggest that this is a pretty good value. AND, this money is already in a reserve fund, specifically for this purpose. NO impact on our current budget. Yes, we will have to pay this back to the reserve fund, but it is substantially less than some of the other issues that council has gotten itself into. If you agree with this position, then I would request that you out and past the following into an email and send it to the town. As long as you are eligible to vote in an Aurora Municipal Election, then your email will count. If there are two or three residents in your house,.you are all eligible to send this email. Individual emails will make more of an impact! - If you have received this request from other people, please do not double up your emails to the town - it will only invalidate the process. I too am in favor of open and transparent governance. If you know other people who are like-minded, PLEASE forward this email to them! This matter is scheduled to come to Council on Tuesday May 13th. Let's make our voices count!, Don't hesitate to call me if you want to discuss anything. My cell number (the best way to contact me) is Thanks for your consideration. Best regards Geoffrey Dawe Subject: Replacement Councilor , Date: May ##, 2008 To: the Mayor and Councilors of Aurora CC: Town Clerk Re: Vacant Council Seat Dear Madam Mayor and Town Councilors Given the unfortunate circumstances of Councilor's Marsh's resignation, I respectfully request that a,by- election be held to fill this seat. This option is allowed for in the municipal act, reserve funds are already in place to handle situations such as this (therefore, no immediate impact to the budget), and, perhaps most importantly, this very much links to the Town's official strategic plan, namely Goal D: "Ensure transparent, accountable and open governance in concert with informed and involved citizens." Further, I request that this email be placed on the public agenda. Your Name Your Address Aurora, Ontario.. ADDED ITEM - 15 John Gallo Civic Square Gate Aurora, Ontario L4G May 13, 2008 Aurora Council Town of Aurora 1 Municipal Drive Aurora, Ontario Dear Aurora Council, Delivered via email bpanizza @e-aurora.ca It has come to my attention that the Town of Aurora has recently received the resignation of a Member of Council. It is my understanding that Council has the option of either calling a by-election or appointing a person who has consented to accept the office. If Council chooses to appoint a person for the office of Councillor, I wish to express my continued interest in serving the residents of Aurora. I have served on the Leisure Services Advisory Committee during the last term of office; I currently sit on the Environmental Advisory Committee and am President of the Bayview Wellington Ratepayers Association. 1 have followed closely, during the past year and a half, the proceedings of council and have attended many Council and bud get meetings. Again, if Council decides to appoint a person for the position of Councillor, I wish to express my consent to accept the position. Respectfully, 1 John Gallo