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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.
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"CARRIED" /