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HomeMy WebLinkAboutCLD-015-08 Q!J!il!gtoo REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April 14, 2008 Rt'solu.-hD() tl-fl f A-J76-o Z' Report #: CLD-015-08 File#: By-law #: Subject: GREEN COMMUNITY ADVISORY COMMITTEE - SELECTION OF THE CHAIR RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-015-08 be received; 2. THAT, notwithstanding the protocol for Council-Appointed Advisory Committees, the selection of Mayor Abernethy as Chair of the Green Community Advisory Committee be confirmed; and 3. THAT Linda Gasser and the members of the Green Community Advisory Committee be advised of Council's decision. Submitted by: o 4?L~ < (~~ Reviewed by: Franklin Wu, Chief Administrative Officer PLB* CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVI LLE, ONTARIO L 1 C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: CLD-015-08 PAGE 2 1. BACKGROUND In January 2004, Council approved the recommendations contained in Report PSD-007-04, thereby adopting a protocol for Council-appointed Advisory Committees. A copy of the protocol is attached to this report as Attachment NO.1. With the adoption of Report PSD-055-07 in May 2007, the Council approved the formation of the Green Community Advisory Committee and adopted a Terms of Reference for the Committee. A copy of the Terms of Reference is attached to this report as Attachment NO.2. At the September 18, 2007 meeting of the Committee, nominations were open for appointment to the position of Chair of the Committee. The only nomination received was Mayor Abernethy, and he was acclaimed to the position. At the November 27, 2007 meeting of the Committee, a delegation was received from Linda Gasser who presented concerns about the selection of the Mayor as Chair of the Committee. In consideration of the delegation, the following resolution was passed: "THAT the Green Community Advisory Committee thanks Linda Gasser for her delegation; and THAT Council be asked to clarify the Terms of Reference for the Committee regarding the role of the Mayor and Councillor to be full members and to be able to stand as the Chair and Vice-Chair of the Committee." This matter was subsequently referred to the Municipal Clerk for clarification. CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 REPORT NO.: CLD-015-08 PAGE 3 2. MEMBERSHIP ON THE COMMITTEE The Protocol for Council-Appointed Advisory Committees specifies that the Terms of Reference for a Committee shall be approved by Council. The Terms of Reference are the mandate of the Committee and shall address various issues, including the membership and representation on the Committee. In approving the Terms of Reference for the Green Community Advisory Committee, the composition of the committee was to consist of 13 members, as follows: . Mayor and a Member of Council (2) . Ontario Power Generation (1) . Durham Strategic Energy Alliance (1) . Veridian (1) . CBOT Board Member (1) . University of Ontario Institute of Technology (1) . Youth (1) . Community at Large (4) . Developer - Durham Chapter of the Greater Toronto Home Builders' Association - Urban Development Institution (1) When the membership was appointed by Council, Mayor Abernethy and Councillor Novak were appointed as the two Council representatives. Both individuals are appointed as full members of the Committee with voting privileges. 3. CHAIR AND VICE-CHAIR The Protocol for Council-Appointed Advisory Committees addresses the selection of Chair and Vice-Chair and states that "Members of Council and municipal staff sitting on the Committee shall not be eligible to assume the position of Chair or Vice-Chair", The Terms of Reference for the Green Community Advisory Committee specifically establishes the Committee as an "Advisory Committee of Council under Council's Protocol for Advisory REPORT NO.: CLD-015-08 PAGE 4 Committees". Accordingly, the Mayor and any Member of Council is ineligible for appointment as Chair or Vice-Chair of the Committee. 4. ISSUE At the September 18, 2007, meeting of the Green Community Advisory Committee meeting, no nominations other than Mayor Abernethy were brought forward for the position of Chair. Accordingly, Mayor Abernethy was acclaimed to the position. When the matter was brought to the attention of the Committee by Linda Gasser at the November 2ih meeting, no motion to reconsider the selection of the Chair was introduced. By this action, the Committee has shown their support for the Mayor to remain in the position of Chair. When the minutes of the Committee were presented to Council for information, the matter was not raised as an issue. 5. CONCLUSION Given that neither the Green Community Advisory Committee nor Council has any concern with Mayor Abernethy sitting as Chair of the Committee, it is respectfully recommended that the decision of the Committee be confirmed, notwithstanding the Protocol for Council- Appointed Advisory Committees. Interested parties to be advised of Council's decision: Linda Gasser Green Community Advisory Committee Attachment No. 1 to Report CLD-015-08 PROTOCOL COUNCIL - APPOINTED ADVISORY COMMITTEES BACKGROUND Council has established a number of advisory committees whose purpose is to provide advice to Council on matters within the committee mandate established by Council and on any issues referred to the Committee by Council. Council appoints the members and representatives to these committees at the beginning of each Council term. PURPOSE The purpose of the Protocol is to establish a standardized Rules of Procedure for Council - Appointed Advisory Committees. This Protocol shall apply to the following committees: . Clarington Animal Advisory Committee Clarington Accessibility Advisory Committee Clarington Agricultural Advisory Committee Clarington Highway 407 Community Advisory Committee Clarington Traffic Management Advisory Committee Local Architectural Conservation Advisory Committee Port Granby Project Community Advisory Committee Samuel Wilmot Nature Area Management Advisory Committee Clerk's Clerk's Planning Planning Engineering Planning Planning Engineering . . . . . . . POLICY Tenns of Reference The Terms of Reference for a Committee shall be approved by Council. These Terms of Reference are the mandate of the Commillee shall address the following mailers: . Background . Mandate of Committee . Scope of Activities of Committee . Membership and Representation on the Committee Council shall appoint a Council member and/or a responsible department for staff resources. Chair and VlceoChair The Committee shall select a Chair and Vice-Chair from among its membership. Members of Council and municipal staff sitting on the Committee shall not be eligible to assume the position of Chair or Vice-Chair. 65b ~ ( " -2- The Chair shall provide leadership to the Committee, ensure that the Committee carries out its mandate, and act as the primary liaison between the Committee and Staff. The Chair shall set the agenda for each meeting in consultation with the staff liaison. If the Chair is temporarily absent, the Vice-Chair shall assume the position and responsibilities of the Chair in the interim. If the position of Chair becomes vacant, the Vice-Chair shall assume the responsibilities of the Chair until a new Chair can be elected. If the position of Vice-Chair becomes vacant, the Chair may appoint a member of the Committee as Interim Vice-Chair until a new Vice-Chair can be elected. Elections, when required, shall be held at the next meeting of the Committee. Responsibilities and Obligations of Members All Committee members shall abide by the Terms of Reference for the Committee as approved by Council. Members must also be willing to commit the time required to understand and evaluate the information provided, as well as be open-minded to various opinions and perspectives. The Chair or a spokesperson appointed by the Committee may speak on behalf of the Committee to Council or thEt public. Other members shall not act or speak on behalf of the Committee without prior approval of the Committee. A Committee or its members shall not issue petitions, resolutions or position papers on behalf of the Committee, unless specifically authorized by Council resolution. A Committee and its members shall also not act outside of the mandate and advisory capacity of the Committee. Should a Committee wish to comment on an issue that is within the mandate of another Council committee, the Chair shall consult with the responsible Liaison(s) and the Chair of the other committee. The Chair may eject any Committee member from a meeting if, in the opinion of the Chair, that person is being disruptive or disrespectful. A Committee shall also have the right to censure members that, in the Committee's opinion, are misrepresenting the Committee and may request Council to remove that person from the Committee. Members unable to attend a Committee meeting shall notify the staff liaison at least 24 hours in advance. Members unable to attend a meeting cannot send an alternate. The Chair shall advise the Municipal Clerk in writing of any member who is absent from the meetings for three successive months without being authorized to do so by a resolution of the Committee, and may request that the member be removed from the Committee. Members who wish to resign shall notify the Chair in writing of their decision who, in turn shall notify the Municipal Clerk in writing of the resignation. Council shall appoint new members to a Committee to fill any vacancies as requirt'd. bY) ,< - 3 - ' ( " ) Quorum and Voting A majority of voting membe~s shall constitute a quorum. I In the event that a quorum is not achieved, the meeting may proceed but members shall not yote or make decisions. I Recommendations arid decisions reached by the Committee shall be based on consensus, wherever possible. In the event that a consensus cannot ge reached and there are divergent opinions on an issue, the Chair may call for a formal vote by a show of hands. Decisions shall be carried by a simple majority of the voting members present. Each member of the committee has a vote. Conflict of Interest Members of the committee must abide by the Municipal Conflict of Interest Act. Public Participation All Committee meetings are open to the public. Members of the public are not permitted to participate in Committee discussions, but may appear as a delegation before the Committee. Delegations shall be for a maxir:num of 10 minutes. ' Those wishing to appear as a delegation at a Committee meeting must. so advise the staff liaison a minimum of five working days before the meeting. . The Chair may eject any member of the public from a meeting if, in the opinion of the Chair, that person is being disruptive or disrespectful. Meetings Committee meetings shall generally be held in the Clarington Municipal Administrative Centre, although meetings may occasionally be held elsewhere in the Municipality of Clarington if deemed necessary or appropriate by the Chair, the Mayor, or the relevant Liaison. Committee meetings shall generally occur a minimum of once per month; however, the Chair may schedule additional meetings or cancel meetings at his/her discretion and after consulting with the staff liaison. Reporting and Communications The draft minutes of all Committee meetings shall be reviewed by the staff liaison and forwarded by memorandum to the Municipal Clerk for inclusion on the next Council Agenda and, at the discretion of the Department Head may be posted on the Municipal website. The minutes of Committee meetings shall generally not attribute comments to a specific member of the Committee. ,,/ (' 64u . ( - 4- All recommendations of the Committee shall be forwarded by the staff liaison to the Municipal Clerk for inclusion in the Council agenda. A Committee shall not forward comments or recommendations directly to other groups or agencies without the consent of Council, the Mayor or the relevant Liaison. Staff Resources The municipal department responsible for a Committee shall provide clerical, administrative and technical assistance to the Committee, as deemed appropriate by the Department Head, to ensure the proper functioning of the Committee. Specifically, Staff will provide the following resources to a Committee: · preparing and forwarding meeting materials to members; · preparation of summary meeting minutes and Committee correspondence (including assistance in drafting); · professional advice on matters within the mandate of the Committee; and · assist the Committee in participating in events and activities related to its mandate Generally, Committee members are selected to be able to carry out the mandate of the Committee. Staff resources 'are provided only to assist the Committee in undertaking their mandate. Additional requests of resource staff, such as original research or organization of events shall be at the discretion of the Department Head and within staff, time and budget constraints. Term of Committee The term of the Committee shall coincide with the term of Council or as otherwise indicated in the specific Terms of Reference for the Committee. In general, a Committee shall not meet between the time of the municipal Council elections and the appointment of a new Committee by Council, unless considered necessary by the relevant liaison. Relationship to Committee Terms of Reference It is recognized that Committee mandates or terms of reference were prepared and approved in advance of this protocol. In the event of a conflict between the protocol and the committee's terms of reference, this protocol shall prevail. / 6;1' 'fi Attachment NO.2 to Report CLD-015-08 TERMS OF REFERENCE GREEN COMMUNITY ADVISORY COMMITTEE TO COUNCIL-- PURPOSE: To develop a community strategy that would include local actions, policies, programs, and projects for climate change, energy conservation, clean energy alternatives, and promoting more sustainable development practices. The Green Community Strategy will encompass local initiatives, private projects, partnerships between the public and private sectors as well as the business community. Some of these initiatives may range from support to the expansion of Darlington Nuclear Facility, engaging developers to include energy conservation initiatives in their projects, advising and promoting energy conservation to businesses to creating community awareness of energy conservation. MANDATE: The mandate of the Green Community Advisory Committee is to prepare a Green Community Strategy. The Green Community Strategy wili focus on the community's local response to the interrelations among energy, health, climate change and development. In preparing the Green Community Strategy, the advisory committee will, on behalf of Council, consult with the public through focus groups, briefs and public meetings. The will also seek partnerships with other levels of government, private sector and non-profit groups. The Municipality of Clarington has established a staff Committee on energy management and conservation. While the Green Community Advisory Committee may include some recommendations on Municipal operations, the focus of the Advisory committee's work is to be on broader community issues. OBJECTIVES: 1) To undertake research in the following areas: a) Energy Conservation; b) Ciean energy alternatives and technologies; c) Local response to Climate Change; d) Alternative development patterns for energy conservation and sustainable development including mixed densities, a mix of use and building types; and, e) Planning and technical innovation for sustainable development such as green infrastructure and low impact development. 2) On behaif of Council, to consult with the public through focus groups briefs and public meetings; 3) To prepare the Clarington Green Community Strategy; 4) To organize educational events to implement the Green Community Strategy; 5) In addition, the Committee will provide input to Municipality's Official Plan Review- Sustainable Development Component. COMMITTEE COMPOSITION: The GCAC shall consist of 13 voluntary members who are appointed by Council for a term of four (4) years, to coincide with the term of Council. A majority of membership, nine (9) shall constitute a quorum. The Advisory Committee will consist of the following representatives · Mayor and a Member of Council (2) . Ontario Power Generation (1) . Durham Strategic Energy Alliance (1) . Veridian (1) · CBOT Board Member (1) . University of Ontario Institute of Technology (1) · Youth (1) · Community at large (4) . Developer - Durham Chapter of the Greater Toronto Home Builders Association - Urban Development Institution (GTHBA-UDI) (1) The Membership shall possess expertise and willingness to devote the necessary time to the Committee. Openings for community membership shall be publicly advertised and all residents of the Municipality of Clarington may apply. Applicants will submit applications to the Municipality of Clarington Planning Services Department. Members will be formally appointed by Municipal Council. The Mayor shall sit as the interim Chair. The GCAC will select a Chair and a Vice-Chair from among its membership. The Chair shall provide leadership to the GCAC, ensure that it carries out its mandate, and act as the primary iiaison between the GCAC and Staff A staff member shall act as recording secretary. Duties of the recording secretary shall include the taking of meeting minutes and providing these minutes to the Clerk for Council's information. Regarding conflicts of interest, Members of the Committee must abide by the Municipal Conflict of I nterest Act Green Community Strategy Coordinators The coordinators for the Community Advisory Committee will be: . Carlos Salazar - Manager of Community Planning and Design · Suzanne McCrimmon- Clarington Board of Trade . Jennifer Cooke, Manager, Communications and Tourism · Representative from power utility REPORTING RELATIONSHIPs/DECISION MAKING: · The Committee will be established as an Advisory Committee of Council under Councils' Protocol for Advisory Committees. Committee members will report to Council through the Committee's Chair. · Decisions will be reached by consensus where appropriate, or through a simple majority vote. . Committee members will report, to their respective organizations, decisions reached by the Committee. . Report to Council on semi-annual basis. FREQUENCY OF MEETINGS: · There will be a minimum of one meeting per month of the Committee, supplemented as required by conference etc. · The meetings will be held at the Clarington Municipal Administrative Centre. SECRETARIAT COSTS: . The Secretariat function of the Committee will be provided mainly by the Planning Services Department, the Communications Branch of the Municipality, and the Clarington Board of Trade. . The operating costs for the first two years of the Committee will be established through contributions from the Municipality, The CBOT, and may include other community partners. . The Advisory Committee will be allowed to seek other sources of funding and grants for specifiC initiatives/programs. WORKING GROUPS: . The GCAC may establish Working Groups as needed to further study an issue and to make recommendations on that issue to the GCAC. Working groups will have an ad hoc status with a clear mandate and time frame. . Each Working Group will be chaired by a Committee member, as selected by the Committee and with the agreement of the member. A member of the working group will be responsible for generation of minutes. . The Working Groups will be comprised of at least one staff member and may have representation from any other interested parties or experts as the Committee may require. . The Municipality and the CBOT will provide meeting coordination and information distribution support to Working Groups, as appropriate. · The Committee may establish linkages to other working groups or committees that function on a more permanent basis. PUBLIC PARTICIPATION: All Committee meetings are open to the public. Member of the public are not permitted to participate in Committee discussions but may appear as a delegation before the Committee. Delegations shall be for a maximum of 10 minutes. Those wishing to appear as a delegation at a Committee meeting must so advise the staff liaison a minimum of five working days prior to the meeting.