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HomeMy WebLinkAbout05/15/2009 (Special)~/rte tiris'l ~s-a-/1s-1 Clarln n 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 lla~ii/I/C-~i111I ~at"l~[1~011 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. t ~l~ll /Ill /)ll ~~1I~t0Il 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 ~ - ~; 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.