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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"