HomeMy WebLinkAbout05/27/2008 Special
Special Council Meeting Minutes
MAY 27, 2008
Minutes of a special meeting of Council held on May 27, 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 attended the meeting until 6:00 p.m.
Councillor R. Hooper
Councillor M. Novak
Councillor G. Robinson
Councillor C. Trim
Councillor W. Woo
Also Present: Chief Administrative Officer, F. Wu
Solicitor, D. Hefferon
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-325-08
Moved by Councillor Robinson, seconded by Councillor Woo
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 8:35 p.m.
EFW, Energy from Waste, Incinerator
Council Meeting Minutes - 2 - May 27, 2008
Resolution #C-326-08
Moved by Councillor Woo, seconded by Councillor Hooper
THAT the Region of Durham be advised that the Council of the Municipality of
Clarington has considered the latest version of the confidential draft Host Community
Agreement dated May 26, 2008, from the Region’s negotiation team and is not
prepared to accept said draft agreement but would reconsider its confidential red-lined
revision submitted to the Region on May 23, 2008, subject to the following:
1. THAT paragraph 9.4 be deleted;
2. THAT sections 3,1, 3.2, 4.2, 4.4, 5.4, 9.6 amended to read 3%, and 10.4 are
non-negotiable; and
3. THAT the Chief Administrative Officer be authorized to conclude minor and
wording changes with the Region’s negotiating team.
“CARRIED ON THE FOLLOWING
RECORDED VOTE”
Declaration of
Yes No
Council Member Pecuniary Interest Absent
Councillor Foster v
Councillor Hooper v
Councillor Novak v
Councillor Robinson v
Councillor Trim v
Councillor Woo v
Mayor Abernethy v
Resolution #C-327-08
Moved by Councillor Robinson, seconded by Councillor Novak
WHEREAS Section 11 of the Ontario Municipal Act states that waste management in
Ontario is a sphere of jurisdiction that has been assigned exclusively to the Region of
Durham;
WHEREAS for many years the regional municipalities of York and Durham have been
jointly developing a strategy for meeting their short and long term waste management
needs; and
WHEREAS the regions are proposing to build and operate a thermal treatment waste
management facility but must first obtain the required approval under the
Environmental Assessment Act; and
Council Meeting Minutes - 3 - May 27, 2008
WHEREAS the Environmental Assessment (EA) is intended to provide the Minister of
the Environment with enough information about the potential environmental effects of
the proposed facility to decide whether it should be allowed to proceed and put into
operation; and
WHEREAS on January 23, 2008, the regions reached a key milestone in this EA
process, announcing that they had approved a site for the proposed thermal treatment
facility; and
WHEREAS this site is located in the Municipality of Clarington and the regions are
now fulfilling a legal obligation under the Environmental Assessment Act to consult
with the public to solicit feedback on the use of this site; and
WHEREAS the next step will be to determine the type of technology that may be used
at the facility; and
WHEREAS many technologies will be considered including gasification, pyrolysis and
conventional incineration; and
WHEREAS everyone is encouraged to participate in this process and raise any
concerns they have with the regions for their consideration; and
WHEREAS once completed, the EA must be submitted to the Ministry of the
Environment for an intense and thorough technical review; and
WHEREAS there have been many opportunities for members of the public to review
the EA and provide comments directly to the ministry about any concerns they may
have; and
WHEREAS comments made in this regard will be considered when the Government
of Ontario makes a decision about the facility; and
WHEREAS the Municipality of Clarington is confident that the decisions of the Minister
of the Environment for the Province of Ontario regarding this EA process will be made
to ensure and protect the health, welfare, safety and well being of the people and the
environment of the Municipality of Clarington and the Region of Durham;
NOW THEREFORE BE IT RESOLVED THAT the Municipality of Clarington supports
the Region of Durham’s Business Case Report #2008-J-13 dated May 21, 2008;
THAT the Regions of Durham and York be requested to provide confirmation to the
Municipality of Clarington of the following:
1. THAT the proposed facility can be operated safely, by way of a Site Specific
Human Health and Ecological Risk Assessment;
Council Meeting Minutes - 4 - May 27, 2008
2. THAT the regions have investigated and determined that the proposal has a
solid and affordable business plan for all of the residents of Durham;
3. THAT the regions will continue to negotiate in good faith, a Host Community
Agreement with the Municipality of Clarington to reflect the “General Principles
in the Host Community Agreement” as contained in Report #2007-J-14 as
approved by Regional Council April 18, 2007; and
4. THAT this resolution is without prejudice and not an endorsement of the project
until Clarington agrees to the terms of the Host Community Agreement; and
THAT the Regions of Durham and York, the Joint Waste Management Group, and the
Ministry of the Environment be advised of council’s decision.
“CARRIED ON THE FOLLOWING
RECORDED VOTE”
Declaration of
Yes No
Council Member Pecuniary Interest Absent
Councillor Foster v
Councillor Hooper v
Councillor Novak v
Councillor Robinson v
Councillor Trim v
Councillor Woo v
Mayor Abernethy v
CONFIRMING BY-LAW
Resolution #C-328-08
Moved by Councillor Trim, seconded by Councillor Woo
THAT leave be granted to introduce By-law 2008-095, being a by-law to confirm the
proceedings of the Council of the Municipality of Clarington at a special meeting held
on the 27th day of May, 2008; and
THAT the said by-law be now read a first, second and third time and finally approved.
“CARRIED”
Council Meeting Minutes
- 5 -
May 27, 2008
ADJOURNMENT
Resolution #C-329-08
Moved by Councillor Robinson, seconded by Woo
THAT the meeting adjourn at 8:40 p.m.
"CARRIED"