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HomeMy WebLinkAbout10/13/2009 Special Special Council Meeting Minutes OCTOBER 13, 2009 Minutes of a special meeting of Council held on October 13, 2009, at 2:00 p.m. in the Council Chambers. Councillor Novak led the meeting in prayer. ROLL CALL Present Were: Mayor J. Abernethy Councillor A. Foster Councillor R. Hooper Councillor M. Novak Councillor G. Robinson Councillor C. Trim Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Manager of Communication and Marketing, J. Cooke, attended until 3:26 p.m. Executive Assistant to the Mayor, L. Coutu, attended until 4:45 p.m. Manager of Municipal Law Enforcement, L. Creamer Director of Planning Services, D. Crome Deputy Clerk, A. Greentree Planner, I. Little, attended from 3:00 p.m. until 3:50 p.m. Director of Corporate Services and Human Resources, M. Marano Records/Election Co-Ordinator, C. Rainville Administrative Assistant to the Municipal Clerk, C. Fleming Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no disclosures of pecuniary interest stated for this meeting. Mayor Abernethy advised that on June 1, 2009, the Municipal Clerk was directed to arrange for a special Council meeting to educate Members of Council on the methods of elections and to speak to election sign issues as they pertain to the election methods. DELEGATIONS Marion Manders advised prior to the meeting that she would not be addressing Council. Council Meeting Minutes - 2 - October 13, 2009 Jean Michel Komarnicki addressed Council concerning Report CLD-021-09 – Methods of Conducting the 2010 Municipal Elections, stating he is in support of most of what staff is proposing in recommending a change from Mail-in Voting to a combination of internet voting and traditional paper ballot at voting locations. Mr. Komarnicki stated Vote-by-Mail does not support democracy or increase voter turn-out. He advised the traditional method of voting is the only method that requires the elector to attend the voting place, identify themselves and vote within a limited time-frame; but expressed concern the Report does not address the provision of the voter to vote at an advance poll. The internet voting he feels could be workable; however, the registration process does not insure that the person registering is the eligible voter, as it is based on the honour system, and does not prevent a single voter from casting votes for all members of a household. Mr. Komarnicki stated the traditional voting method eliminates that problem. He also feels that casting of votes via the internet should be done during the same time frame as traditional balloting and sees no reason why internet voting should be open any longer than paper balloting. Mr. Komarnicki summarized by stating the traditional method of voting is the most simplistic, most effective and most democratic method of voting. Mr. Komarnicki also addressed Council concerning Report CLD-022-09 – Proposed Election Sign By-law stating he found the proliferation of signs during the last election to be visually polluting and noted remnants of those election sign still remain to this day. He feels that the deposit of $260 is too low and that while he acknowledges the Region is intending to permit signs on Regional Roads, he feels there is nothing permitting the Municipality from sending their Sign By-law to the Region. Mr. Komarnicki responded to questions from Members of Council on various aspects of the Reports as well as the method of elections used by the Provincial and Federal levels of Government. Councillor Novak rose on a Point of Order questioning Mr. Komarnicki’s expertise in responding to specific questions. Mr. Komarnicki confirmed that he has no expertise in this field. COMMUNICATIONS CORRESPONDENCE FOR DIRECTION Correspondence Items D - 3 and D - 4 were received as hand outs. Resolution #C-590-09 Moved by Councillor Robinson, seconded by Councillor Trim THAT Correspondence Items D - 1 to D – 4, be received for information. “CARRIED” Council Meeting Minutes - 3 - October 13, 2009 D - 1 Marion Manders expressing numerous concerns with the Vote By Mail System including the opportunity for fraudulent practices with virtually no procedures in place for prevention; itemizing various concerns relating to staffing, the ability of electors to access the Municipal Office outside of regular working hours, the methods of making revisions to the Voters’ List, the timing of mail delivery, confusion surrounding the instructions for completing and mailing the ballot, the inability of scrutineers to examine rejected ballots, concerns with the tabulation system, election advertising and signage; and, requesting that Council seriously consider returning to the traditional system of voting for the 2010 elections. D - 2 Susan DaCosta expressing concern with the Vote By Mail system listing numerous concerns regarding the compilation of the voters’ list and method of revisions to the list, the lack of accountability of the Vote By Mail kits and the potential for fraud, confusion surrounding instructions for completing and mailing the ballot, the inability of scrutineers to work with municipal and election staff to examine rejected ballots, the lack of privacy in using the Municipal Clerk’s Department to deal with voter inquiries; and, requesting Council to reconsider the Vote by Mail System of election and return to a more democratic method of election. D - 3 Marion Manders forwarding correspondence regarding Report CLD-021-09 – Methods of Conducting the 2010 Municipal Elections indicating that she has read the report and advising that she fails to see the difference between mailing a ballot to a voter and mailing a unique elector ID/PIN to allow them to vote via the internet; that while she has not had a chance to study the proposal in great depth, her initial reaction is identical to the concerns expressed regarding the Vote-By-Mail System; indicating that unsupervised voting can undermine the integrity of any election and expressing concern that a return to the traditional system of voting, a system of supervised voting, i.e. a paper ballot cast at a number of local polling stations under the direction of Deputy Returning Officers and Poll Clerks has not been included; and urging the Municipality to return to this system. D - 4 (a) Louis Bertrand, forwarding comments on Report CLD-021-09 – Methods of Conducting the 2010 Municipal Elections indicating that he recommends against internet, telephone or mail-in voting for the 2010 Municipal Election as he feels the traditional methods of paper ballots provide for the stated aims of an election and maintain both integrity of the vote and reasonable costs; and, recommending an alternative proposal to address fairness, scrutiny and accessibility issues. Council Meeting Minutes - 4 - October 13, 2009 (b) Louis Bertrand forwarding comments on the proposed election sign by-law – Report CLD-022-09, indicating he feels that a requiring a deposit poses a new barrier to participation as a candidate in the electoral process, that penalties for misplaced signs creates a new way of cheating as a malicious supporter could simply transplant the candidate’s sign to a municipal street or other prohibited location; advising he disagrees that signs should be banned from municipal road allowances and suggests that the Municipality harmonize with the Region’s by-law; and, expressing concern that enforcement of the prohibited locations provisions could expose municipal staff to allegations of selective, biased or unfair enforcement and could distract staff from other tasks. Mayor Abernethy acknowledged former Mayor John Mutton, in attendance at today’s meeting. PRESENTATION Patti Barrie, Municipal Clerk and Anne Greentree, Deputy Clerk, conducted a PowerPoint Presentation on Methods of Conducting the 2010 Municipal Elections. Ms. Greentree provided an overview of the history of the method of voting in the Municipality of Clarington, reasons why previous changes were made and indicated that in response to identified areas of concern from 2006, the opportunity for process improvements, legislative changes and elector feedback, staff is recommending changes to the method of election. She advised that proposed changes will assist in overcoming challenges and will respond to new accessibility requirements. In determining the recommended action, staff considered the principles of the Municipal Elections Act, the issues to be addressed, the costs and the feasibility to decide on what is best for Clarington. Ms. Greentree reviewed options for voting including traditional paper, telephone and internet, mail-in ballot, internet and combinations thereof, including estimated budget requirements. She confirmed that the recommended approach would be the use of internet and traditional ballot at voting locations with tabulators, similar to the method used by the Cities of Peterborough and Halifax and the Towns of Markham and Cobourg and that approximately 10 voting locations, 75 election workers and 12 vote tabulators will be required. Ms. Greentree summarized by stating the recommended approach supports the principles of the Act, engages youth, snowbirds, electors with special needs, removes ambiguity in voter intention, allows for continuity of the election in the event of a pandemic and is economically feasible. Council Meeting Minutes - 5 - October 13, 2009 The Municipal Clerk and Deputy Clerk responded to questions from Members of Council. The Municipal Clerk confirmed that the recommended approach was developed as a result of staff discussions with other municipalities, as well as the Deputy Clerk’s involvement on the Election Project Team with the Association of Municipal Managers, Clerks and Treasurers of Ontario. The Deputy Clerk stated that while the Vote-By-Mail system worked, and that few complaints were received, staff did listen to the concerns regarding the mail component and also relied on feedback from Members of Council. Resolution #C-591-09 Moved by Councillor Robinson, seconded by Councillor Woo THAT Council recess for ten minutes. “CARRIED” The meeting reconvened at 4:01 p.m. STAFF REPORT(S) Resolution #C-592-09 Moved by Councillor Trim, seconded by Councillor Novak WHEREAS the Municipal Clerk was directed by Council to prepare Staff Report CLD-021-09; WHEREAS within the report, staff outlined the available approved methods that could be used to meet the Municipal Elections Act; WHEREAS at the October 13, 2009, special Council meeting, staff answered questions from Council members; WHEREAS concern and consideration pertaining to accessibility was and should always be reviewed for each election; WHEREAS Clarington like many other municipalities have used the vote by mail method for elections in 2000-2003-2006 successfully as per page 5 (2.4.1) of Report CLD-021-09; THEREFORE after a thorough review of the methods and combined methods outlined in the report, it is the position of Clarington Council to continue using the vote by mail method as in the past three elections; and Council Meeting Minutes - 6 - October 13, 2009 THAT improvements for accessibility voting be presented to Council for approval at a later date. “TABLED” (see following motion) Resolution #C-593-09 Moved by Councillor Foster, seconded by Councillor Woo THAT the foregoing Resolution #C-592-09 be tabled until the next meeting of Council. “CARRIED ON THE FOLLOWING RECORDED VOTE”: Council Member Yes No Declaration of Pecuniary Interest Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Trim v Councillor Woo v Mayor Abernethy v Resolution #C-594-09 Moved by Councillor Novak, seconded by Councillor Trim THAT Report CLD-022-09 be received; THAT election sign regulations continue as per the current by-law; and THAT staff report back on sight lines to ensure that safety issues are addressed. “TABLED” (see following motion) Council Meeting Minutes - 7 - October 13, 2009 Resolution #C-595-09 Moved by Councillor Woo, seconded by Councillor Novak THAT the foregoing Resolution #C-594-09 be tabled until the next meeting of Council. "CARRIED ON THE FOLLOWING RECORDED VOTE": Council Member Yes No Declaration of Pecunia Interest Councillor Foster Councillor Hoo er Councillor Novak Councillor Robinson Councillor Trim Councillor Woo Ma or Aberneth CONFIRMING BY-LAW Resolution #C-596-09 Moved by Councillor Foster, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2009-144, being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a special meeting held on the 13th day of October, 2009; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-597-09 Moved by Councillor Robinson, seconded by Woo THAT the meeting adjourn at 5:22 p.m. "CARRIED" 2~