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HomeMy WebLinkAbout05/21/2008 Special Special Council Meeting Minutes MAY 21, 2008 Minutes of a special meeting of Council held on May 21, 2008, at 4:30 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 attended the meeting at 4:40 p.m. Councillor W. Woo Also Present: Chief Administrative Officer, F. Wu Director of Planning Services, D. Crome Solicitor, D. Hefferon Director of Finance/Treasurer, N. Taylor attended the meeting until 8:00 p.m. Municipal Clerk, P. Barrie DISCLOSURES OF PECUNIARY INTEREST There were no pecuniary interests stated for this meeting. STAFF REPORT Verbal Report of the Chief Administrative Officer – Host Community Agreement Resolution #C-282-08 Moved by Councillor Foster, seconded by Councillor Hooper THAT the meeting be “closed” for the purpose of receiving the Chief Administrative Officer’s verbal report as it pertains to a legal matter. “CARRIED” The meeting reconvened in “open” session at 8:14 p.m. Council Meeting Minutes - 2 - May 21, 2008 Resolution #C-283-08 Moved by Councillor Robinson, seconded by Councillor Woo WHEREAS the Region of Durham has directed Regional staff to negotiate a Host Community Agreement with the Municipality of Clarington with respect to hosting the proposed EFW facility; WHEREAS the Municipality’s negotiating team and the Region’s negotiating team have met on several occasions to work out the details of the agreement and Municipal staff received a proposed draft Host Community Agreement from Regional staff on May 15, 2008; WHEREAS the Municipality’s negotiating team has updated Council on the proposed draft agreement from the Region; WHEREAS the Council of the Municipality of Clarington feels the Region’s proposal falls short of recognizing the risk, stigma, direct and indirect costs borne by Clarington in hosting the EFW facility on behalf of all the benefiting communities that will use the said facility; WHEREAS the Council of the Municipality of Clarington is of the opinion that the current draft proposed agreement is deficient in many areas and therefore has undertaken to provide red-line revisions to the draft agreement: NOW THEREFORE the Council of the Municipality of Clarington hereby resolves: 1. THAT the confidential red-lined revised Host Community Agreement be approved in principle as Council’s formal position; 2. THAT, should the Region deem it necessary to undertake further negotiation, staff be authorized only to review, discuss or negotiate minor changes or language issues; 3. THAT the Region of Durham be advised that Clarington Council feels very strongly that the Host Community Agreement must be executed prior to issuance of the RFP for the EFW facility; and 4. THAT, subject to the Region meeting all of the foregoing conditions, Clarington Council is prepared to reconsider its “unwilling host” stance. “CARRIED AS AMENDED LATER IN THE MEETING” (SEE FOLLOWING MOTIONS) Council Meeting Minutes - 3 - May 21, 2008 Resolution #C-284-08 Moved by Councillor Novak, seconded by Councillor Woo THAT the confidential red-lined revised Host Community Agreement be amended by renumbering Section 9.9 as Section 6.2. “CARRIED” Resolution #C-285-08 Moved by Councillor Robinson, seconded by Councillor Trim THAT the confidential red-lined revised Host Community Agreement be amended by deleting Section 3.4 in its entirety. “CARRIED” Resolution #C-286-08 Moved by Councillor Novak, seconded by Councillor Woo THAT the confidential red-lined revised Host Community Agreement be amended in Section 4.3 by adding the words “or amended” after the word “new”. “CARRIED” The foregoing Resolution #C-284-08 was then put to a vote and CARRIED AS AMENDED ON THE FOLLOWING RECORDED VOTE: Declaration of Yes No Council Member Pecuniary Interest Councillor Foster v Councillor Hooper v Councillor Novak v Councillor Robinson v Councillor Trim v Councillor Woo v Mayor Abernethy v Council Meeting Minutes -4- May 21, 2008 CONFIRMING BY-LAW Resolution #C-287-08 Moved by Councillor Hooper, seconded by Councillor Novak THAT leave be granted to introduce By-law 2008-089, being a by-law to confirm the proceedin~s of the Council of the Municipality of Clarington at a special meeting held on the 215 day of May, 2008; and THAT the said by-law be now read a first, second and third time and finally approved. "CARRIED" ADJOURNMENT Resolution #C-288-08 Moved by Councillor Robinson, seconded by Trim THAT the meeting adjourn at 8:20 p.m. "CARRIED" D