AGENDA - Special Council - 20080428r � r
SPECIAL COUNCIL
MEETING
NO, 08-13
MONDAY, APRIL 28, 2008
1:00 PAR
COUNCIL CHAMBERS
AURORA TOWN HALL
PUBLIC RELEASE
25/04/08
TOWN OF AURORA
SPECIAL COUNCIL MEETING
AGENDA
NO. 08-13
Monday, April 28, 2008
7:00 p.m.
Council Chambers
1 DECLARATIONS OF INTEREST
11 APPROVAL OF AGENDA
RECOMMENDED:
THAT the agenda be approved as presented.
III ITEM REQUIRING DISCUSSION
IV READING OF BYLAWS
RECOMMENDED:
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
.. .
Special Council No. 08-13
Monday, April 28, 2008
Page 2
AGENDA ITEMS
CS08-019 — Vacancy Office of Councillor
RECOMMENDED:
THAT Council provide direction on the preferred option.
pg. 1
SPECIAL COUNCIL - APRIL 28, 2008
ITEM #
i TOWN OF AURORA
AURORA COUNCIL REPORT No. CS08-019
SUBJECT: Vacancy Office of Councillor
FROM: Bob Panizza, Director of Corporate Services
DATE: April 28, 2008
RECOMMENDATIONS
THAT Council provide direction on the preferred option.
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 needs to proceed to have
the vacancy filled.
COMMENTS
Resignation of a Member of Council
The Municipal Act 2007, Section 259 states:
"The office of a Memberof Council of municipality becomes vacant if the member,
d) resigns from his or her office and the resignation becomes effective under
Section 260."
Section 260 states:
"A Member of. Council of a municipality may resign from office by notice in writing
filed with the Clerk of the municipality."
As previously mention Councillor Marsh has provided her resignation to the Clerk in writing
therefore complying with the provisions of the Act.
The Municipal Act further states in Section 262(1), that when the office of a Member of
Council becomes vacant under Section 259, Council is then required to declare at its next
meeting that the office is vacant. It now becomes incumbent on Council to determine the
methodology it wishes to select to fill that vacancy.
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SPECIAL COUNCIL - APRIL 28, 2008
ITEM # 1.z
April 28, 2008 -2- Report No. CS08-019
Filling Vacancies
According to the Municipal Act, Section 263 (1) Council must select one of the following
options:
a) fill 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 fill the vacancy in accordance with the
Municipal Elections Act 1996.
If it is Council's desire to fill the vacancy through an appointment, there are a number of
options that may be considered and discussed in order to proceed in this fashion.
Alternatively, should Council decide to proceed with a by-election to fill the vacancy, then
the provisions of the Municipal Elections Act will apply.
According to the Municipal Elections Act Section 65 (4):
If a by-election is to be held for an office, the following rules apply.
1. The Clerk shall affix the date of Nomination Day, to be a day not more than 60
days after,
b) the Council of the Clerk's municipality passes a by-law indicating a by-election is
required.
3. Voting day shall be 45 days after Nomination Day
Tosummarize, Council is required firstly to declare a vacancy on Council as a result of the
resignation of Councillor Marsh. Secondly should Council decide to proceed with a by-
election, it is necessary that a by-law be enacted to proclaim that a by-election be held.
The Clerk will then determine when Nomination Day will be held which may be anytime up
to 60 days following the enactment of the by-law, and By -Election Day will be 45 days
following Nomination Day.
OPTIONS
As previously noted, in accordance with the Municipal Act Council may choose one of the
following options:
1. Fill the vacancy on Council by appointing a person who has consented to accept the
office; or
2. Fill the vacancy through a by-election.
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SPECIAL COUNCIL - APRIL 28, 2008
ITEM # 1 - 3
April 28, 2008 - 3 - Report No. CS08-019
FINANCIAL IMPLICATIONS
1. If Council chooses to appoint a member to Council, the costs associated with
this would be minimal.
2. Should Council decide to proceed with a by-election, it is estimated that the costs
would be approximately $35,000 to $40,000. Although the scale of the election
would be considerably smaller than a regular election, the fact•that the office of
Councillor is elected at large in the Town, necessary arrangements would be.
required to accommodate all the voters in Town to vote on By-election Day at
various locations. In addition there are costs associated with printing (voter
cards), postage, advertising and recruitment of staff for election day. Funding for
this can be provided though the election capital reserve that has sufficient
funding for this undertaking.
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 — Letter of resignation from Councillor Marsh
Appendix #2 Draft by-law
PRE -SUBMISSION REVIEW
CAO Review — April 24, 2008
Prepared by: Bob Panizza ext. 4221
. at�
Bob Panizza
Director of Corporate. Services
John S. Rogers
C. A. O.
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SPECIAL COUNCIL - APRIL 28, 2008
ITEM # 1 -4
Grace L. Marsh
141 Spruce Street
Aurora, ON
VG 8116
April 24, 2008
Mr. Panizza, Town Clerk
Town of Aurora
i Municipal Drive
Aurora, ON
Dear Bob:
APPENDIX #1
Hand Delivered
This letter is my resignation as Councillor for the Town of Aurora, effective
immediately.
you.
APR 2 4 2008
Corporate. Services Dept.
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SPECIAL COUNCIL - APRIL 28,2008
ITEM
APPENDIX 2
THE CORPORATION OF THE TOWN OF AURORA 11
By-law Number 5027-OB.0
BEING A BY-LAW to Provide for a By-election
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 REQUIRE A BY-ELECTION TO BE HELD 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 a By-election be held to fill the vacancy in the Office of Councillor;
2. AND THAT the Clerk proceed to conduct the By-election in accordance with the
provisions of the Municipal Elections Act.
READ A FIRST AND SECOND TIME THIS 28th DAY OF APRIL, 2008.
READ A THIRD TIME AND FINALL Y PASSED THIS 28th DAY OF APRIL, 2008.
PHYLLIS M. MORRIS, MAYOR
B. PANIZZA, TOWN CLERK
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SPECIAL OOUNCI4 - APRIL 28, 2008 By4w - 1
THE CORPORATION OF THE TOWN OF AURORA
By-law Number 5028-08.0
BEING A BY-LAW to Confirm Actions by
Council Resulting From Special Council.
Meeting 08-13 on Aprll 28 2008.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF
AURORA HEREBY ENACTS AS FOLLOWS:
1. THAT the actions of the Council at its Special Council meeting held on April 28,
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 28ry DAYOF APRIL, 200&
READ A THIRD TIME AND FINALLY PASSED THIS 28TH DAY OF APRIL, 2008.
PHYLLIS M. MORRIS, MAYOR
-6-
B. PANIZZA, TOWN CLERK
ADDITIONAL ITEMS TABLED FOR
COUNCIL MEETING
Tuesday, April 28, 2008
➢ 2006 Municipal Election Official Results
➢ Draft By-law to Appoint a Person to fill the Vacancy for the
Office of Councillor.
➢ Letters regarding the process for selection of a new
Councillor:
• Greg Way - Simmons Crescent, Aurora
• Alex Ansell., Resident
E A, 2006 Municipal Elections
Official Results
For the Office of Councillor
Rome-
Yates
-
Bob McROBERTS
7361
10.64 %
Evelina MacEACHERN
5426
7.77
Wendy GAERTNER
4896
7.01 %
Stephen GRANGER
4611
6.6 %
Grace L. MARSH
4441
6.36 %
Alison M. COLLINS-MRAKAS
4133
5.92 %
Evelyn BUCK
4089
5.85 %
Al WILSON
3806
6.45 %
John GALLO
3496
5 %
Eric McCARTNEY
3384
4.84 %
Norm WELLER
3328
4.76 %
Bryan MOIR
3298
4.72 %
Aime MARTIN
2934
4.2 %
Glyn JONES
2892
4.14 %
Alan DEAN
2780
3.98 %
Keith MUNRO
2348
3.36 %
Michael THOMPSON
2250
3.22 %
Stan RYCOMBEL
1723
2.47 %
Kam Q. SADIQ
1426
2.04 %
Miloslav PRIKRYL
1239
1.77 %
Total:
69861
100%
* Elected Candidates in Bold
e'\ ^ n°{ 9pr THE CORPORATION OF THE TOWN OF AURORA
0
By-law Number -08.0
BEING A BY-LAW 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:
2.
THAT be appointed to fill the vacancy in the Office of
'Councillor;
AND THAT
on May 13, 2008.
be sworn into office at the next Council meeting
READ A FIRST AND SECOND TIME THIS 28th DAY OF APRIL, 2008.
READ A THIRD TIME AND FINALLY PASSED THIS 28th DAY OF APRIL, 2008.
PHYLLIS M. MORRIS, MAYOR
B. PANIZZA, TOWN CLERK
Page I of 1
Panizza, Bob
From:
Greg Way
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 tax payers of this town have their due input
into who the next councillor will be!
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, I 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
Simmons Cresc.
Aurora L4G
4/28/2008
Panizza, Bob
From: Alex S. Ansel)
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 concern about the 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. 0£ 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
1