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Volume 73, Number 9 GST Included $1.25 Wednesday March 3, 2010 Newcastle Town Hall Publications Mail Registration No. 09301 Agreement No. 40012366 Serving Kendal, Kirby, Leskard, Newcastle, Newtonville, Orono, Starkville and Tyrone since 1937 Wu ignores solicitor's concerns with host community agreement Despite concerns raised by some members, council decided Monday night not to find out if the municipal solicitor has concerns with Clarington's agreement to host the Region's energy from waste (EFW) facility. Clarington's Chief Administrative Officer, Frank Wu, told councillors that the municipal solicitor, Dennis Hefferon, had made comments on the host community agreement (HCA), and that he did not share those comments with members of council. "It was private information between the solicitor and myself," Wu stated. "That information was not shared with any other members of council." At last Monday's Committee Meeting, Councillor Adrian Foster requested a report from the municipal solicitor regarding the HCA. He said the solicitor had concerns with the agreement. "I would like a report from the solicitor if there were concerns, and what those concerns were," Foster stated. Wu told committee members last Monday that while he had sought comments from the solicitor on the HCA, he did not need the solicitor's approval before signing the agreement. As CAO, Wu was given the mandate by council to negotiate the HCA. "The solicitor provided advice to me," Wu told councillors. "If I don't agree with his comments," he said, "I can override his comments to me. That is what I did and signed off with the Region of Durham." The HCA was executed and duly singed as of a few days ago, Wu said. At this week's council meeting, Wu also told councilors that Hefferon billed the municipality $100,000 for the comments he provided. After further questions regarding the HCA at Monday's council meeting, Hefferon said he provided comments on the draft HCA last May. That draft was the last version of the agreement Hefferon said he saw. He has not seen a copy of the agreement Wu signed last week. "The review did not cost $100,000," Hefferon said, I have no idea where that number came from. It was a short, two-page review." While Hefferon offered to share his concerns with council in a closed session, not one of the councillors asked for this information. "We cannot give direction to our staff and then turn around and criticize them later for fulfilling that agreement," Mayor Jim Abernethy said. In a recorded vote, council opted not to commission a report from the municipal solicitor regarding whether there are any legal concerns with the HCA. Councillors Foster, Ron Hooper and Willie Woo voted in favour of finding out what the solicitor's comments were, but they were the minority. Clarington and Regional Councils voted to accept the HCA last June. The agreement is a compensation package for the Municipality, as host of the Region's garbage incinerator which is to be built in Five-year-old Sarah Wunderlich, and her one-year-old sister, Isabelle, were enjoying the afternoon at the Newcastle Arena on Saturday. Courtice. The agreement includes a $10-per-tonne royalty to be paid to Clarington should Toronto garbage be burned in the Coutice incinerator. The terms of reference for the proposed incinerator include a clause banning Toronto waste from this incin- erator. Other incentive items include establishing a hazardous waste depot to serve Clarington residents, a commitment to a 70-percent waste diversion rate, and no less than $9-million in architectural features to the proposed incinerator building. The Region has also agreed to begin the envi- ronmental assessment process for water and sanitary services to the proposed Science Park at Bennett Road. According to Wu, there was nothing in the comments the solicitor made that would have changed the business agreement the Municipality has with the Region. What's Inside Taxpayers foot the bill for audits Clarington taxpayers paid $45,362 in costs associated with compliance audits of former Mayor John Mutton's 2006 campaign expenses. At the request of council, Municipal Clerk Patti Barrie issued a report last week, summarizing the amount the Municipality has spent on Mutton's compliance audits. In November 2007, the Municipality paid the firm of Horn Almand to conduct a compliance audit on Mutton's campaign expense report. The audit was requested by a group of Clarington residents: George Van Dyk, Luke and Cynthia Prout, and Sean Keane. In September 2008, Horn Almand returned all but $108 of its fee to the municipality, after Chartered Accountant James Horn pleaded guilty to charges by the Accounting Association that he did not conduct a proper audit. In November 2009, Clarington paid the accounting firm of Bernard G Nayman $13,839 to conduct a second audit of Mutton's 2006 campaign expenses. Nayman reported he had found 36 apparent contraventions of the Municipal Elections Act in Mutton's report. The Municipal Act does permit municipalities to recover audit costs from the individuals who requested the audit, if there were no reasonable grounds for the application. As the audit did uncover contraventions, the group who AUDIT see page 5 See page 3