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HomeMy WebLinkAboutCLD-02-04 r '. '" REPOR.T #5 q!Jfillgtoo REPORT CLERK'S DEPARTMENT Meeting: COUNCIL Date: January 19, 2004 Report #: CLD-02-04 File#: By-law #: Subject: MEMBERSHIP OF CLARINGTON MUSEUMS AND ARCHIVES BOARD, CLARINGTON TRAFFIC MANAGEMENT ADVISORY COMMITTEE AND CLARINGTON HIGHWAY 407 COMMUNITY ADVISORY COMMITTEE RECOMMENDATIONS: It is respectfully recommended to Council the following: 1. THAT Report CLD-02-04 be received; 2. THAT the composition of the Clarington Museums and Archives Board be amended and the appropriate by-Iaw'be forwarded to Council; 3. THAT the membership of the Clarington Traffic Management Advisory Committee be amended and the revised Constitution attached to Report CLD-02-04 be adopted; and 4. THAT the Terms of Reference of the Clarington Highway 407 Community Advisory Committee be amended as outlined in Report CLD-02-04 and adopted as amended. Submitted by: cJ~~L~ Reviewed by: Franklin Wu, Chief Administrative Officer PLB*hk CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506 , ... .:1. REPORT NO.CLD'()2-04 PAGE20f3 BACKGROUND AND COMMENT: At the General Purpose and Administration Committee meeting held on January 12, 2004, Committee considered the appointments to various boards and committees. During the deliberations for the Museums and Archives Board, the following resolution was passed: "THAT the appointments to the Clarington Museums and Archives Board be tabled; THAT the By-law establishing the Board of Management to operate the museums be reviewed to address the issue of Ward representation; and THAT Staff re-advertise for interested individuals to fill the composition of the Board." Currently, the Museums and Archives Board is comprised of eight voting members (two from each ward of which one member is a representative of the Friends of the Museum and one member is a representative of the Newcastle Village and District Historical Society), two appointed voting members of Council and one non-voting Museums Administrator for a total of 11 members. When the advertisement was placed seeking applications from interested individuals to fill the board, no applications were received from residents of Ward 1. Accordingly, Council directed that staff re-advertise in an attempt to find interested residents from Ward 1. Staff was also requested to prepare an amendment to the by-law to allow for residents from other wards to be placed on the board to fill these ward vacancies, should this situation occur again. Also, when considering the appointments to the Museums and Archives Board, Committee directed the by-law to be further amended to remove the Friends of the Museum and the Newcastle Historical Society appointees from being included in the ward representation. ,.> REPORT NO.:CLD'()2-o4 PAGE 3 OF 3 Therefore, the Board will consist of 13 members (two members from each ward, one member representing the Friends of the Museum, one member representing the Friends of the Museum, two members of Council and one non-voting Museums Administrator). The By-law attached hereto as Schedule A makes the amendments requested for the Museums and Archives Board. The Traffic Management Advisory Committee and the Highway 407 Community Advisory Committee members are also appointed to represent the various wards. In order to alleviate the same concern with lack of representation from a particular ward, amendments to the Constitution and Terms of Reference, respectively, have been prepared and are attached as Schedules Band C. With respect to the Highway 407 Community Advisory Committee, Committee also requested that a representative from the Durham Regional Police be included as a voting member. That change is included in the amended Terms of Reference. Several committees did not receive enough applications to fill their membership, ie, Museums and Archives Board, Game Commission, Traffic Management Advisory Committee and the Orono Arena Board. An advertisement seeking applications from interested parties to fill these vacancies will be published in the local newspapers January 21 and 28 with the deadline for applications being January 29, 2004. A report will be presented to Council on February 2. The appropriate by-laws will be passed at that same meeting. Schedule A to Report CLD..()2-04 THE CORPORATION OF THE MUNCIIPALITY OF CLARINGTON By-Law 2004- Being a by-law to amend By-law 2002-045, a by-law to. ~stablisl1 a Board of Management to operate museums on its Qahalf- Clarington Museums and Archives Board and to repeal By-law 2003-196 WHEREAS in accordance With Section 58 of the Municipal Act, R.S.O. 1990, c.M.45, as amended, the Council of the Corporation of the Municipality of Clarington passed By-law 2002-045 on April 29, 2002 to establish a Board of Management to operate museums on its behalf, referred to as the Clarington Museum Board; AND WHEREAS at a meeting held on January 19, 2004, the Council of the Corporation of the Municipality of Clarington adopted the recommendations contained in Report CLD-02-04; NOW THEREFORE the Council of the Corporation of the Municipality of Clarington Hereby Enacts as follows: 1. That Section 5. a) of By-law 2002-045 be deleted in its entirety and replaced with the following: 5. a) The Clarington Museums and Archives Board shall consist of thirteen (13) members, comprised of eight (8) voting members (two (2) members from each ward), one (1) voting member who shall be a representative of the Friends of the Museum, one (1) voting member who shall be a representative of the Newcastle Village and District Historical Society, two (2) appointed voting members of Council and one (1) non-voting Museums Administrator. 2. That Section 5. b) of By-law 2002-045 be amended by renumbering it as Section 5. c). 3. That a new Section 5. b) be added as follows: 5. b) In the event that insufficient applications are received to fill the two (2) positions from each ward, members will be appointed from the remaining applications. 4. That By-law 2003-196 be repealed. By-law read a first and second time this 1911h day of January 2004. By-law read a third time and finally passed this 19'" day of January 2004. Mayor Municipal Clerk Schedule B to Report CLD-02-04 CLARINGTON TRAFFIC MANAGEMENT ADVISORY COMMITTEE PART A COMMITTEE CONSTITUTION REVISED JANUARY 2004 Background: Pursuant to Report WD-48-99, dated December 6, 1999 to Clarington Council, that a Traffic Management Advisory Committee be formed to review, Investigate, and recommend solutions for traffic management within Clarington, such a committee has been established. The need for operating policies and procedures were quickly identified so that the committee's work could be tocused and directed towards specific goals, acceptabie to Council, staff and the community. Recent motions presented to and passed by the Committee, as documented in the Minutes of June 19, 2003 meeting, indicate the need for revising and updating this Committee Constitution to alter its composition in order to improve its effectiveness. Committee Composition: The CTMAC should be composed of the following people: . Tweive voting members (minimum of eight) of the community, three (minimum of two) from each of the four wards, with a proportional balance of representation between urban and rural within each ward and with a good variety of backgrounds, skills, and work experiences. · A Road Watch Committee member appointed by Council with voting privileges. · A representative provided by the Regional Municipality of Durham Traffic Engineering and Operations Division as a liaison but non-voting privileges. . The Director of Engineering Services or designate(s) . Council member appointed by Council · Representative of the Durham Regional Police. · In addition, other staff members may be requested to participate in specific investigations so that the benefit of their expertise, advice or assistance may be obtained. Meetings: The committee shall schedule 12 regular meetings per year with attendance by at least one staff member from Engineering Services. Meetings shall be held on the third Thursday of each month, unless otherwise decided by the Chair. A quorum for the Committee shall consist of a majority of the voting members. Voting: The community members representing the various wards and the Road Watch Committee representative have voting privileges. Resolutions will be passed by a simple majority of votes. Attendance: The chair will encourage regular attendance and constructive participation by all members. When a member is unable to attend a scheduled meeting for any reason, every effort should be made by that member to advise the chair or vice-chair of their unavailability. If a member's attendance becomes problematic, the chair will take steps to resolve the matters with the member and failing which, bring the matter to the committee for recommendation. Committee Tenure: Voting members of the CTMAC shall be appointed by Council at the beginning of each Council term. In the event that insufficient applications are received to fill the three (3) positions from each ward, members will be appointed from the remaining applications. If a member should leave the Committee, a replacement will be sought that represents the ward from which the vacancy exists, keeping in mind the proportional balance of representation between urban and rural within that ward. Election of Chair and Vice Chair: The voting members on the Committee shall elect each January from their number a chairperson and vice-chairperson. The chair (and in the absence of the chair, the vice- chairperson) will be responsible for the following: . Chair the committee meetings in a suitable businesslike manner. . Work with Clarington staff to develop Committee agendas, and meeting schedules. · Report to Council on Committee activities and progress on a regular basis . Speak to Council or delegate a spokesperson to represent the Committee on Committee matters. . Speak to the media or appoint a spokesperson if necessary. The Committee wishes to authorize only the chair or his/her authorized representative to speak to the media on Committee issues. Schedule C to Report CLD-02-04 Revised January 19, 2004 TERMS OF REFERENCE CLARINGTON HIGHWAY 407 COMMUNITY ADVISORY COMMITTEE Backqround The Ontario Ministry of Transportation has initiated the Environmental Assessment study for the Highway 407 East Completion. The highway extension is proposed to start at the current terminus at Brock Road in Pickering and run eastward to connect with Highway 35/115 in Clarington. The section of Highway 407 through Clarington will be approximately 25 kms. As well, a 10 km north-south highway to connect Highway 407 with Highway 401 is also proposed in the vicinity of Solina Road. Due to the scale of the project through Clarington, the Highway 407 extension has the potential to significantly affect the entire community. In order to facilitate public input on the project, Clarington Council is establishing a Community Advisory Committee for the Highway 407 East Extension. Mandate The Clarington Highway 407 Community Advisory Committee (CAC) will provide advice to Clarington Council, from a community perspective, regarding the need and justification for the highway, the proposed Terms of Reference, and the environmental, social, cultural and economic issues associated with the proposed highway. Scope of Activities The Community Advisory Committee, in fulfilling its mandate, is to provide advice to Council and communicate information back to their respective stakeholder groups, where appropriate. The Committee will review information associated with the proposed highway and provide strategic advice to Council on these matters. While individual members of the CAC may represent various interest groups, the opinions and positions taken by the members and the CAC are not binding, in whole or in part, on either Clarington Councilor the groups they represent. Membership The Community Advisory is a volunteer Committee consisting of eight citizen members, two representing each ward. Council shall seek to appoint members representing a variety of interests from across the Municipality, including, but not limited to: . residents within the study area . agriculture . industry and business . sociallcultural environment . natural environment. In the event that insufficient applications are received to fill the two positions from each ward, members will be appointed from the remaining applications. Members may represent a specific committee or group. In particular, the following groups will be invited to nominate members to sit on the CAC: . Clarington Board of Trade - one member from a local BIA and one industry representative . Clarington Agricultural Advisory Committee - 1 member . Durham Regional Police Services - 1 member . LACAC - 1 member. One member of Council shall also be appointed to sit on the Committee. Staff representatives from both the Planning Services Department and the Engineering Services Department shall sit on the Committee as non-voting members. In addition, the Committee may recommend to Council that Durham Region staff, Conservation Authority staff and staff of other municipalities be invited to attend as non-voting members. Members appointed to sit on the Committee must 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 on the Project. Openings for membership shall be publicly advertised and all residents of the Municipality are eligible to apply. Applicants will submit applications to the Municipality of Clarington Clerk's Department. Members will be formally appointed by Council. The Council representative shall sit as the interim chair. The Committee will select a Chair and Vice-Chair from among its membership. 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. If an individual member is unable to attend a meeting, .he/she may request permission from the Chair to send an alternate, at least 24 hours in advance of the meeting. The Chair shall advise the Clerk of any member who is absent for three consecutive meetings, and may request that the member be removed from the Committee. The Chair shall also advise the Clerk of the resignation of any member. Council shall appoint new members to the Committee to fill any vacancies as required. Technical Support Municipal staff will provide clerical, administrative and technical assistance to the Committee. Staff and consultants, including consultants hired by the Ministry of Transportation, will share technical information and assist in the interpretation of this material. Meetinas Committee meetings shall be held in the Municipal Administrative Centre. The Committee shall generally meet a minimum of once per month; however, the chair may schedule additional meetings or cancel meetings after consulting with the other members of the Committee. The Chair shall set the agenda for each meeting in consultation with Municipal Staff. A majority of voting members (6) shall constitute a quorum. Recommendations and decisions reached by the CAC will be based on consensus, wherever possible. In the event that a consensus cannot be reached and there are divergent opinions on issues, formal votes may be called by the Chair, with each member having one vote. Decisions will be carried by a majority of the members present. -~ All members of the Committee will be eligible to participate in discussions related to the project. However, any member who would be directly affected by a specific issue related to the project shall refrain from voting on a motion directly related to that issue. Individual members of the Committee shall be responsible for determining whether they have a conflict of interest with respect to any issue. ReportinQ to Council The Community Advisory group shall report to Council as follows: · The recording secretary shall submit the minutes of all Committee meetings to the Municipal Clerk for inclusion in the Council agenda for information; · All recommendations from the Committee shall be submitted to the Clerk for inclusion in the Council agenda for direction; · The Committee Chair will submit reports to Council prior to key decisions being made by Council on the proposed highway. Term of the Committee The term of the Committee shall coincide with the term of Council. The Committee will disband upon completion of the Environmental Assessment for the Highway 407 East Completion or at such other time as Council may determine.