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~