HomeMy WebLinkAbout05/15/2009 (Special)~/rte tiris'l ~s-a-/1s-1
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Energizing Ontario
SPECIAL COUNCIL MEETING
DATE: FRIDAY, MAY 15, 2009
TIME: 9:00 A.M.
PLACE: COUNCIL CHAMBERS
MEETING CALLED TO ORDER
INVOCATION
DISCLOSURE OF PECUNIARY INTEREST
DELEGATIONS (List as of Time of Publication)
a) Linda Gasser regarding Report CAO-002-09 and Addendum to
Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation (Staff Report #1)
b) Linda Gasser regarding Mayor Abernethy's Notice of Motion to
rescind Resolution #C-032-08
c) Louis Bertrand regarding Report CAO-002-09 and Addendum to
Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation (Staff Report #1)
d) Louis Bertrand regarding Mayor Abernethy's Notice of Motion to
rescind Resolution #C-032-08
e) Kerry Meydam regarding Report CAO-002-09 and Addendum to
Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation (Staff Report #1)
f) Kerry Meydam regarding Mayor Abernethy's Notice of Motion to
rescind Resolution #C-032-08
g) Dr. Ronald Stead regarding Report CAO-002-09 and Addendum to
Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation (Staff Report #1)
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
Council Agenda - 2 - MAY 15, 2009
h) Dr. Ronald Stead regarding Mayor Abernethy's Notice of Motion to
rescind Resolution #C-032-08
i) Tia Woodcroft regarding Report CAO-002-09 and Addendum to
Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation (Staff Report #1)
j) Tia Woodcroft regarding Mayor Abernethy's Notice of Motion to
rescind Resolution #C-032-08
k) Nancy Barnes regarding Report CAO-002-09 and Addendum to
Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation (Staff Report #1)
I) Nancy Barnes regarding Mayor Abernethy's Notice of Motion to
rescind Resolution #C-032-OS
m) Jim Richards regarding Report CAO-002-09 and Addendum to
Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation (Staff Report #1)
n) Jim Richards regarding Mayor Abernethy's Notice of Motion to
rescind Resolution #C-032-08
o) Clarington Board of Trade, Sheila Hall -Report CAO-002-09 and
Addendum to Report CAO-002-09 -Regarding Status of EFW Host
Community Agreement Negotiation (Staff Report #1)
p) Donna Barnard regarding Report CAO-002-09 and Addendum to
Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation (Staff Report #1)
q) Donna Barnard regarding Mayor Abernethy's Notice of Motion to
rescind Resolution #C-032-08
STAFF REPORT(S)
Report CAO-002-09 and Addendum to Report CAO-002-09 -Regarding Status of
EFW Host Community Agreement Negotiation
Council Agenda - 3 - MAY 15, 2009
BUSINESS ARISING FROM NOTICE OF MOTION
Moved by Mayor Abernethy, seconded by Councillor Trim
"THAT the following Resolution #C-032-08 passed by Council on January 28, 2008 be
rescinded:
WHEREAS the Municipality of Clarington has requested that the Regions of Durham
and York take forward two geographically distinct sites for analysis in the final stages
of the EA on residual waste due to a garbage incinerator's impact on Clarington's
airshed; the lack of site specific health studies and a lack of details regarding the
technology;
WHEREAS the City of Oshawa, the Town of Ajax and the Durham Region Health and
Social Services Committee have raised similar concerns with the site selection
process;
WHEREAS under the Environmental Bill of Rights 1993, the MOE statement of
Environmental Values indicates that the Minister should take a precautionary
approach especially where there is some uncertainty about the risk presented by
particular pollutants;
WHEREAS on January 23, 2008, the Region of Durham selected a site in Courtice
for a garbage incinerator without knowing the technology or the specific health
effects;
WHEREAS the Region has not given due consideration to the concerns presented by
the potential host community;
WHEREAS the EA process is to find the best site for the incinerator and insufficient
information has been provided to date to determine that the Courtice site is the best
site;
THEREFORE BE IT RESOLVED THAT the Municipality of Clarington is an
unwilling host to the proposed Durham/York garbage incinerator and that a copy
of this motion be forwarded to the Region of Durham and the Region of York and
their constituent local municipalities, the Durham York Joint Waste Management
Committee, the Ministry of the Environment and John O'Toole, MPP."
BY-LAW S
2009-061 Being a by-law to authorize the Mayor and Municipal Clerk to
execute a Host Community Agreement with the Regional
Municipality of Durham regarding an Energy-From-Waste Facility
CONFIRMING BY-LAW
ADJOURNMENT
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Leading the Way
Staff Report # 1
REPORT
CHIEF ADMINISTRATIVE OFFICER
Meeting: COUNCIL
Date: May 11, 2009
Report #: CAO-002-09
File:
By-law #:
Subject: STATUS OF EFW HOST COMMUNITY AGREEMENT NEGOTIATION
Recommendation:
That Report CAO-002-09 be received for information and/or for direction by Council.
Submitted by: -' -`-~ "~-
Franklin Wu
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-5717
REPORT NO.: CAO-002-09
1. BACKGROUND
PAGE 2
Negotiations for a host community agreement for the EFW facility commenced in the
latter part of 2007. Since then, many meetings have been held between the
negotiation teams from the Region and Clarington in an attempt to find common
grounds. While many issues have been resolved, and the related languages agreed
to by both parties, several major issues remain outstanding.
As a result of the recent resolution passed by Regional Council which directed the
Region CAO to bring forth an "agreed to" agreement by the CAOs by June 16, 2009,
Clarington staff requested a meeting with the Region staff in an attempt to bring
closure to the negotiation; and meetings were held on April 15, 2009 and May 6,
2009. The following is a summary of the key issues that were discussed through a
series of meetings since 2007.
2. ISSUES AGREED TO BY THE CAOs
• Establishment of a Site Liaison Committee during construction, operation and
monitoring of the EFW facility
• Protection of human health and environment by guaranteeing emission
standards and ensuring maximum achievable control technology (MACT) as
well as monitoring systems as deemed appropriate by the Ministry of
Environment
• Monitoring of ambient air in the immediate vicinity fora 3 year term
• Implementation of no less than $9 million value of architectural/site plan
features
• Commitment to a 70% waste diversion/recycling rate
• Establishment of a hazardous waste depot to serve Clarington residents
• Construction of Energy Drive from Courtice Road to Osbourne Road
• Construction of a Stormwater Management Facility to serve the Energy Park
• Construction of a private truck access lane next to the rail line
rw~ v
REPORT NO.: CAO-002-09
PAGE 3
• Transfer to Clarington an approximately 22 acre land parcel which is surplus
to the Courtice Waste Pollution Control Plant
• Construction of a waterfront trail from Courtice Road to the eastern limit of
Durham Region owned property
• Region will not establish an ICI Waste Transfer Station in Clarington
3. MAJOR ISSUES OUTSTANDING AS OF MAY 6, 2009
Proposal by Clarington CAO
• Guarantee Clarington payment in lieu (PIL) of property tax in the amount of
minimum $650,000 for the EFW facility with such amount to be adjusted by
CPI index
• Provide Clarington $2.00 per ton royalty for any waste coming in from outside
York and Durham Regions
• Upgrade the sanitary sewer and water services to the Science Park at the
east end of Bowmanville, north of Hwy. 401
In exchange of the foregoing, Clarington CAO agrees to recommend to Clarington
Council to:
• Be a willing host community for the EFW facility
• Sign off on the Official Plan and Zoning conformity
4. CONCLUSION
The CAOs cannot reach agreement on the foregoing outstanding issues. It would
appear these issues are not likely to be resolved without political intervention.
Hence, this status report is prepared to assist Council to engage Clarington Council
and all Regional Councillors in the resolution of all outstanding issues.
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Leading the Way
REPORT
CHIEF ADMINISTRATIVE OFFICER
Meeting: COUNCIL
Date: May 11, 2009
Report #: ADDENDUM TO CAO-002-09 File:
By-law #:
Subject: ADDENDUM TO REPORT CAO-002-09
STATUS OF EFW HOST COMMUNITY AGREEMENT NEGOTIATION
Recommendation:
1. THAT Addendum to Report CAO-002-09 be received;
2. THAT Council approve the Host Community Agreement negotiated by the Clarington
and the Region CAOs as identified in Report CAO-002-09 and in the Addendum
Report;
3. THAT Council urge Regional Council to endorse same and direct Regional staff to
finalize the Host Community Agreement;
4. THAT the Mayor and Clerk be authorized to execute the Host Community
Agreement subject to its final review by the Clarington Solicitor.
Submitted by: ~ ' "--- "' ~'~
Franklin Wu
Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-5717
ADDENDUM TO REPORT NO.: CAO-002-09
PAGE 2
REPORT
1. Subsequent to the writing and releasing of Report CAO-002-09, we received an offer
from the Region CAO on May 11, 2009.
2. In essence, the Region CAO revised its position on the following outstanding items.
Region's Position of May 7, 2009
a) "NO" to guarantees "PIL" of tax
Region's Revised Proposal of May 11, 2009
Region acknowledges the PIL will be in the
vicinity of $650,000 but cannot guarantee the
amount
b) "NO" to 2% royalty for waste
outside York/Durham Region
c) "NO" to upgrade services for
Science Park
$10/ton royalty for any waste from Toronto
Will commence F~4 process for servicing
Science Park
3. In exchange of accepting the foregoing revised proposal, Clarington GAO agrees to
recommend to Council:
a) be a willing host for the EFW Facility; and
b) to sign off on Official Plan and Zoning conformity for the EFW Facility.
4. In the interest of bringing closure to the negotiation and in the interest of the risk of not
having a Host Agreement, the Clarington CAO consents to the foregoing changes and
respectfully recommends Council to approve the contents of the agreement reached by
both CAOs as contained in Report CAO-002-09 and this Addendum Report.
Cl~lllg[;On M E M O
Leading Ike Way
CLERK'S DEPARTMENT
To: Mayor Abernethy and Members of Council
From: C. Anne Greentree, Deputy Clerk
Date: May 14, 2009
Subject: SPECIAL COUNCIL AGENDA -MAY 15, 2009
Please be advised of the following additions to Friday's meeting:
DELEGATIONS
See Final List of Delegations attached.
Please be advised that Delegation (aa) Nadia McLean-Gagnon has requested to be heard as
the first delegation as it is imperative that she return to work by 10:30 a.m. She has been
advised that should Council wish to entertain her request, a Member of Council must put forth
a motion to alter the order of the Agenda.
Attached please find an excerpt of the May 11, 2009, Council minutes which sets out the
resolution that was tabled
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C. Anne Greentree, CMO
Deputy Clerk
CAG:cf
cc: Frank Wu, Chief Administrative Officer
Department Heads
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 F 905-623-6506
FINAL LIST OF DELEGATIONS
May 15, 2009
a) Linda Gasser regarding Report CAO-002-09 and Addendum to
Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation (Staff Report #1)
b) Linda Gasser regarding Mayor Abernethy's Notice of Motion to
rescind Resolution #C-032-08
c) Louis Bertrand regarding Report CAO-002-09 and Addendum to
Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation (Staff Report #1)
d) Louis Bertrand regarding Mayor Abernethy's Notice of Motion to
rescind Resolution #C-032-08
e) Kerry Meydam regarding Report CAO-002-09 and Addendum to
Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation (Staff Report #1)
f) Kerry Meydam regarding Mayor Abernethy's Notice of Motion to
rescind Resolution #C-032-OS
g) Dr. Ronald Stead regarding Report CAO-002-09 and Addendum to
Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation (Staff Report #1)
h) Dr. Ronald Stead regarding Mayor Abernethy's Notice of Motion to
rescind Resolution #C-032-08
i) Tia Woodcroft regarding Report CAO-002-09 and Addendum to
Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation (Staff Report #1)
j) Tia Woodcroft regarding Mayor Abernethy's Notice of Motion to
rescind Resolution #C-032-08
k) Nancy Barnes regarding Report CAO-002-09 and Addendum to
Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation (Staff Report #1)
I) Nancy Barnes regarding Mayor Abernethy's Notice of Motion to
rescind Resolution #C-032-08
m) Jim Richards regarding Report CAO-002-09 and Addendum to
Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation (Staff Report #1)
n) Jim Richards regarding Mayor Abernethy's Notice of Motion to
rescind Resolution #C-032-08
o) Clarington Board of Trade, Sheila Hall -Report CAO-002-09 and
Addendum to Report CAO-002-09 -Regarding Status of EFW Host
Community Agreement Negotiation (Staff Report #1)
p) Donna Barnard regarding Report CAO-002-09 and Addendum to
Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation (Staff Report #1)
q) Donna Barnard regarding Mayor Abernethy's Notice of Motion to
rescind Resolution #C-032-08
r) Dave Renaud regarding Report CAO-002-09 and Addendum to
Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation (Staff Report #1)
s) Dave Renaud regarding Mayor Abernethy's Notice of Motion to
rescind Resolution #C-032-08
t) Helen Bajorek MacDonald regarding Mayor Abernethy's Notice of
Motion to rescind Resolution #C-032-08
u) Wendy Bracken regarding Report CAO-002-09 and Addendum to
Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation (Staff Report #1)
v) Wendy Bracken regarding regarding Mayor Abernethy's Notice of
Motion to rescind Resolution #C-032-08
w) Barry Bracken regarding Report CAO-002-09 and Addendum to
Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation (Staff Report #1)
x) Barry Bracken regarding Mayor Abernethy's Notice of Motion to
rescind Resolution #C-032-08
y) Anne Maxwell regarding Report CAO-002-09 and Addendum to
Report CAO-002-09 -Regarding Status of EFW Host Community
Agreement Negotiation (Staff Report #1)
z) Anne Maxwell regarding Mayor Abernethy's Notice of Motion to
rescind Resolution #C-032-08
aa) Nadia McLean-Gagnon regarding Mayor Abernethy's Notice of Motion
to rescind Resolution #C-032-08
Excerpt of Council Minutes -May 11, 2009
Addendum to Report CAO-002-09 -Status of Energy-From-Waste Host Community
Agreement Negotiation
Resolution #C-294-09
Moved by Councillor Trim, seconded by Councillor Novak
THAT Addendum to Report CAO-002-09 be received;
THAT Council approve the Host Community Agreement negotiated by the Clarington
and the Region CAO's as identified in Report CAO-002-09 and in the Addendum to
Report CAO-002-09;
THAT Council urge Regional Council to endorse same and direct Regional. staff to
finalize the Host Community Agreement;
THAT the Mayor and Clerk be authorized to execute the Host Community Agreement
subject to its final review by the Clarington Solicitor.
"MOTION TABLED"
(See following motion)
Resolution #C-295-09
Moved by Councillor Robinson, seconded by Councillor Novak
THAT the foregoing Resolution #C-294-09 be tabled to a special meeting of Council to
be held on Friday, May 15, 2009, at 9:00 a.m.
"CARRIED LATER IN THE MEETING"
Resolution #C-296-09
Moved by Councillor Robinson, seconded by Councillor Foster
THAT Council recess for five minutes.
"CARRIED"
The meeting resumed in open session at 9:27 p.m.
The foregoing Resolution #C-295-09 CARRIED.