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HomeMy WebLinkAbout07/12/2007 Council Meeting Minutes JULY 12, 2007 Minutes of a special meeting of Council held on July 12, 2007, at 7:00 p.m., in the Council Chambers. Councillor Foster 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 Transportation and Design, L. Benson Executive Assistant to the Mayor, L. Bruce Director of Community Services, J. Caruana Deputy Treasurer, L. Gordon Solicitor, D. Hefferon Director of Operations, F. Horvath Manager of Special Projects, F. Langmaid Director of Corporate Services, M. Marano Fire Chief, G. Weir Administrative Assistant to the Clerk, C. Fleming Deputy Clerk, A. Greentree DISCLOSURES OF PECUNIARY INTEREST Mayor Abernethy advised he would be stating a pecuniary interest with respect to Correspondence Item D – 1. Resolution #C-404-07 Moved by Councillor Robinson, seconded by Councillor Hooper THAT the Rules of Order be suspended to allow for Cathrine McKeever, Shirley Crago, Jim Richards, Linda Gasser, Tenzin Gyalstan, Dave Renaud, Kerry Meydam, Alexandra Bennett, Barry Bracken and Paul Andre Larose to address Council regarding the findings in Europe concerning Energy From Waste. “CARRIED” Council Meeting Minutes - 2 - JULY 12, 2007 Cathrine McKeever addressed Council concerning Energy From Waste stating she supports any opportunity undertaken to gain further knowledge on the matter. Ms. McKeever advised that in addition to political and financial decisions that must be reached regarding waste, there is a moral decision that must also be made. She feels there is a sense of hypocrisy surrounding the entire issue and that the underlying theme remains naivety and irresponsibility. Shirley Crago addressed Council concerning Energy From Waste stating representatives should have visited Halifax to see their recycling initiatives as a less costly and more productive alternative to the European trip. She feels the 3R’s are the best way to address the garbage issue, noting in other communities, advanced recycling methods have made a significant contribution to reducing garbage. Ms. Crago stated she has a major concern with the health and environmental impacts of Energy From Waste and questioned where the ash will be stored if an incinerator is built here. She urged Council to declare that Clarington is not a willing host to incineration. Jim Richards addressed Council concerning Energy From Waste expressing disapproval that a meeting on such a major issue would be called with such short notice to the public. Mr. Richards questioned how Council could consider a facility that will ultimately threaten the environment and compromise public health, and he further questioned when an investigation into sustainable waste reduction will be undertaken. Mr. Richards urged Council to declare Clarington an unwilling host to an incinerator. Linda Gasser addressed Council concerning Energy From Waste, expressing concern with the lack of notice to the public and the structure of the meeting. She felt it would have been more productive to hear the presentation and then permit the delegates to address Council. She stated the public intends to hold Council accountable to do their due diligence. In future, she requested more notice and a more orderly and transparent process. She referred to a newspaper ad/article and questioned the Mayor about the content. Ms. Gasser questioned when copies of the verbal report and the staff report will be available. Mayor Abernethy stated copies of the presentation would be made available immediately before the presentation. Tenzin Gyalstan addressed Council concerning Energy From Waste expressing concern with the manner in which the meeting was called and the lack of notice provided to the public. Council Meeting Minutes - 3 - JULY 12, 2007 Dave Renaud, addressed Council concerning Energy From Waste stating he is the President of the CAW Durham Region Environment Council. Mr. Renaud advised the Council hosted a debate in May on the pros and cons of the issue noting their group is still opposed to incineration. Mr. Renaud expressed his disappointment in the timing of the meeting as General Motors of Canada Limited is currently on a two- week shut-down. He expressed concern with incineration due to health risks and felt legislation should be implemented similar to the European End of Life Vehicle Disposal Legislation in which the manufacturer takes responsibility for disposal. Mr. Renaud urged Council to provide a structured debate and let the public decide the issue. In response to the Mayor’s inquiry, Dave Renaud clarified he was addressing Council this evening on his own behalf, not representing the CAW Durham Region Environment Council, and he was unable to confirm if GM cars emit dioxins. Kerry Meydam addressed Council concerning Energy From Waste stating one of her major objections is the way in which incineration has been portrayed to residents as a safe and good thing for Durham Region and Clarington. She expressed concern that the Region had already approved incineration as the preferred technology in their Long Term Waste Management Strategy Plan adopted in 1999 and that the consultants have only been promoting this technology, not providing the pros and cons. Ms. Meydam listed many current campaigns against incinerators underway in the UK, noting they are all losing the battle despite fierce opposition. She noted household waste is comprised largely of products of a market built on convenience and disposable lifestyles and that ever-increasing consumption has become the critical driver of Gross Domestic Product. She feels as far as the government is concerned, whatever waste option is pursued, it must not adversely effect national growth. Ms. Meydam urged Council to declare Clarington an unwilling host for an incinerator and to focus on better, safer alternatives to the waste problem. Alexandra Bennett, resident of Durham Region and Health Care professional, addressed Council concerning Energy From Waste expressing her disappointment that she is still speaking to Council on this issue despite documented research and literature published in scientific journals regarding the health effects of incineration. Ms. Bennett feels Council needs to research what informed individuals are doing in other parts of the world and to consider the impact of incineration which will reach far beyond Clarington’s borders. Ms. Bennett suggested a referendum be held to provide each resident of the municipality an opportunity to voice their opinion concerning this facility. Barry Bracken addressed Council concerning Energy From Waste expressing concern with the short notice provided to the public for tonight’s meeting. Mr. Bracken felt the European trip was a misuse of taxpayer’s funds and requested information on the financial cost and approval process. Mr. Bracken is concerned that the Region has now invited Peterborough to participate in the incinerator and thinks there should be a better way to address the garbage issue. Council Meeting Minutes - 4 - JULY 12, 2007 In response, Mayor Abernethy advised that he paid his own expenses and felt the excursion was a worthwhile and productive experience. Paul Andre Larose, PhD, addressed Council concerning Energy From Waste to reinforce his previous messages in terms of the consequences of incineration. Dr. Larose reiterated the effects on public health, agriculture, increased traffic, the need for a 24/7 operation, and the associated financial burden. Dr. Larose feels that politicians should be held accountable and questioned the legacy of an incinerator for future generations. Councillor Novak confirmed with Dave Renaud that he was not representing GM or the CAW but rather a concerned citizen. Councillor Novak did not therefore, declare a pecuniary interest. Councillor Trim chaired this portion of the meeting. Resolution #C-405-07 Moved by Councillor Robinson, seconded by Councillor Foster THAT the meeting be “closed” in order to receive legal advice concerning Correspondence Item D - 1. “CARRIED” The meeting resumed in open session at 8:21 p.m. COMMUNICATIONS CORRESPONDENCE FOR DIRECTION Mayor Abernethy stated a pecuniary interest with respect to Correspondence Item D - 1 as it relates to his Election Campaign. Mayor Abernethy vacated his chair and refrained from discussion and voting on this matter. D - 1 Sean Keane, forwarding correspondence in addition to the formal request submitted by five local residents including himself, to audit the election campaign expenses of John Mutton and requesting deletion of one of the signatories, John Thompson, from the process. Council Meeting Minutes - 5 - JULY 12, 2007 Resolution #C-406-07 Moved by Councillor Robinson, seconded by Councillor Novak WHEREAS on June 25, 2007 the Council of the Municipality passed Resolution C-357-07 respecting correspondence item D-8 on the Council Agenda for June 25, 2007 Council meeting as follows: “THAT the request for a Compliance Audit of the election financial returns of John Mutton, as requested by Luke Prout, Cynthia Prout, John Thompson, Sean Keane and George VanDyk be granted; THAT Horn Almand Chartered Accountants be appointed as the auditor to conduct the Compliance Audit; and THAT Luke Prout, Cynthia Prout, John Thompson, Sean Keane, George VanDyk and John Mutton be advised of Council’s decision.” AND WHEREAS correspondence dated June 18, 2007 from Sean Keane, received by the Clerk's Department and concerning correspondence item D-8 on the Council Agenda for June 25, 2007, indicates that John Thompson is not a qualified elector and as such was requested to be removed from the list of persons requesting the compliance audit; AND WHEREAS the Deputy Clerk has confirmed with Mr. John Thompson that he is not an eligible elector; AND WHEREAS the Deputy Clerk has confirmed that Luke Prout, Cynthia Prout, Sean Keane and George VanDyk are eligible electors and have confirmed their willingness to proceed with the request for audit as submitted with the exclusion of John Thompson; NOW THEREFORE BE IT RESOLVED THAT the correspondence dated June 18, 2007 from Sean Keane regarding the request for a compliance audit of John Mutton's 2006 municipal election financial return be received (Correspondence Item D-1 of the July 12, 2007 Special Council Meeting Agenda); THAT the Council of the Municipality of Clarington Amends its decision of June 25, 2007 to delete there from the reference to John Thompson and otherwise confirms its decision; and Council Meeting Minutes - 6 - JULY 12, 2007 THAT Luke Prout, Cynthia Prout, Sean Keane, George VanDyk and John Mutton be advised of Council’s decision. “MOTION 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 Woo v Councillor Trim v Mayor Abernethy v PRESENTATIONS Mayor Abernethy addressed Council to present a verbal report on the Energy From Waste European trip, July 3 to 11, 2007, and thanked Regional Councillors and staff who participated for their dedication and commitment to the residents of Clarington. He noted the European trip was arranged in response to issues raised during public consultation on the short-list of sites and on the generic health and ecological risk assessment study. Mayor Abernethy stated the Energy From Waste facilities toured were sited in a wide range of settings, including urban centres near commercial and residential areas and in some instances were located adjacent to schools, daycares, restaurants, farmlands and retail establishments. Mayor Abernethy advised Regional Council is charged with the responsibility of deciding on the preferred technology and the preferred site through the EA process. He noted Clarington Council must decide on whether the municipality will be a willing host to the Durham/York Energy From Waste Facility. Mayor Abernethy stated staff is now in the process of completing a series of reports, some of which will be available th for the July 30 Council meeting and others for review by Council and the general public in the Fall. A DVD of SySav, Sweden, the heart of the eco-cycle, was played for Council and members of the public in attendance. Mayor Abernethy reported that by 2020 landfill will be banned in the European Union. Although some of the older facilities are of concern, there appear to be no concerns of the area residents or authorities respecting the new facilities. Mayor Abernethy stated the group toured 7 facilities in total and that staff will present a more in depth report in the fall once various facts and figures have been confirmed. A Slide show depicting highlights of the European Trip was presented. Council Meeting Minutes - 7 - JULY 12, 2007 Mayor Abernethy responded to questions from Members of Council. He confirmed that if Clarington were to take the position of an unwilling host, Clarington could still very well be the unwilling host. A video clip of the Brescia recycling and energy from waste facility was presented. Resolution #C-407-07 Moved by Councillor Hooper, seconded by Councillor Foster THAT the verbal report on the findings in Europe regarding Energy From Waste be received for information. “CARRIED” Mayor Abernethy stated a pecuniary interest earlier in the meeting, and refrained from voting on the confirming by-law. CONFIRMING BY-LAW Resolution #C-408-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT leave be granted to introduce By-law 2007-170 being a by-law to confirm the proceedings of the Council of the Municipality of Clarington at a special meeting held th on the 12 day of July, 2007, and that the said by-law be now read a first and second time. “CARRIED” Resolution #C-409-07 Moved by Councillor Novak, seconded by Councillor Hooper THAT the third and final reading of By-law 2007-170 be approved. “CARRIED” Council Meeting Minutes - 8 - JULY 12,2007 ADJOURNMENT Resolution #C-41 0-07 Moved by Councillor Robinson, seconded by Councillor Woo THAT the meeting adjourn at 9:38 p.m. ,// "CARRIED" /