THE CORPORATION OF LOYALIST TOWNSHIP

Twenty-sixth Session of Council – September 11, 2006

The Municipal Council for The Corporation of Loyalist Township met in regular session on Monday, September 11, 2006 at 7:00 p.m. in the Administration Building.

PRESENT: Reeve McEwen, Deputy Reeve Bresee and Councillors Ashley, Bresee, Hudacin, Ibey and Lowry

2006.26.1 – Presentation – IGA Golf Tournament Proceeds

Mr. Ted Posadowski was in attendance to present cheques to the Amherst Island Radio Station and Loyalist Township.

Mr. Posadowski noted that this was the 12th annual golf Tournament to raise money for the community and this year the proceeds went to two groups.

Mr. Posadowski thanked Mrs. Lawson, Program Supervisor, Reeve McEwen and Councillors Ibey and Lowry for all their assistance with the golf tournament.

Mr. Posadowski presented a cheque in the amount of $1,500 to Rosemary & Tom Richmond and Terry Culbert representing the Amherst Island Radio Station.

Mr. Posadowski presented a cheque for $4,595.29 to Cindy Lawson, Program Supervisor, for the “Light Up the Season” event.

Reeve McEwen noted that this money would go towards lighting up more parks and more help is needed on the committee.

Reeve McEwen thanked Mr. Posadowski for always being ready to help in the form of sponsorship.

2006.26.2 – Adoption of Agenda

Moved by Deputy Reeve Bresee and seconded by Councillor Bresee that the agenda be adopted, as amended, to: 1. Add to Items for Action #4 – Further e-mail from Susan Quinton, Clean Air Bath dated September 11, 2006. 2. Add to Items for Action #5 – Response to Corinna Dally-Starna dated September 8, 2006. 3. Add as Items for Action #6 – Correspondence from Susan Quinton, Clean Air Bath September 7, 2006 re: Cement Association of Canada Sponsorship of the AMO Conference and e-mail from Township Clerk dated September 8, 2006 and AMO’s Proposal for a Provincial Integrated Waste Strategy, December 2005. 4. Add as Information Item #4 the following: 2

i) Correspondence from Leona Dombrowsky, MPP, Hastings-Frontenac- Lennox & Addington dated September 8, 2006 to the Township. ii) Correspondence from Leona Dombrowsky to MOE dated July 5, 2006. iii) Correspondence from Leona Dombrowsky to MOE dated August 15, 2006 iv) Correspondence from Loyalist Township to Leona Dombrowsky dated August 31, 2006. 5. Add Closed Session Item – a proposed or pending acquisition or disposition of land. Motion carried.

2006.26.3 - Disclosure of Pecuniary Interest and the General Nature Thereof

There were no Conflicts of Interest declared.

2006.26.4 – Minutes – August 28, 2006

Moved by Councillor Ibey and seconded by Councillor Bresee that the Minutes of the 24th Session of Council (regular), August 28, 2006 be received and adopted. Motion carried.

2006.26.5 – Minutes – September 5, 2006

Moved by Councillor Lowry and seconded by Councillor Ashley that the Minutes of the 25th Session of Council (special), September 5, 2006 be received and adopted. Motion carried.

2006.26.6–Delegation–Michelle Dickison, Clean Air Bath–Lafarge Alternative Fuel Proposal

Ms. Michelle Dickison, Clean Air Bath read her letter dated September 11, 2006 and Susan Quinton’s letter dated September 7, 2006, which had been added to the agenda as Items #6 under Items for Action.

Moved by Councillor Lowry and seconded by Councillor Hudacin that the presentation by Michelle Dickison, Clean Air Bath re: Lafarge Alternative Fuel Proposal be received. Motion carried.

2006.26.7 – Notice of Motion

Moved by Councillor Hudacin and seconded by Deputy Reeve Bresee that the Notice of Motion be brought forward for reconsideration at this time. Motion Carried.

Moved by Councillor Hudacin and seconded by Councillor Lowry that the motion be reconsidered. Motion carried.

The Township Clerk read the original motion numbered 2004.158 dated November 1, 2004.

Moved by Councillor Hudacin and seconded by Councillor Lowry that the November 1, 2004 motion be rescinded.

Recorded vote requested by Councillor Hudacin: 3

4

Yea Nay Councillor Hudacin X Councillor Lowry X Councillor Ashley X Deputy Reeve Bresee X Councillor Bresee X Councillor Ibey X Reeve McEwen X Motion Carried. Motion 2004.158 was rescinded.

Councillor Hudacin presented his proposed motion as preceded by Notice of Motion.

Moved by Councillor Hudacin and seconded by Councillor Ashley that: WHEREAS the application to the Ministry of Environment for certificates of approval for Lafarge Canada Inc. to store and burn waste derived fuel as alternative fuels in a cement kiln , and manage as waste the resulting Cement Kiln Dust is unprecedented and the first application of its kind in the Province of , AND WHEREAS the Lafarge Canada Inc. applications for certificates of approval to burn waste derived fuel as alternative fuels in the cement kiln in Bath, Ontario is currently in the process of technical review with no imminent decision of the Minister of the Environment projected, AND WHEREAS Loyalist Township considers the health and safety of its citizens and the protection of our environment as paramount, and AND WHEREAS there have been public and private concerns from organized groups and individuals expressed to the Council of Loyalist Township and to the Minister of the Environment regarding the use of waste derived fuel as alternative fuels in cement kilns; AND WHEREAS Loyalist Township wishes to protect its citizens and support local industry, AND WHEREAS the Council of Loyalist Township has passed a resolution requesting that the Province of Ontario through the Minister of the Environment pass a regulation placing a moratorium on the burning of waste derived or alternative fuel in all cement kilns until a full environmental assessment at the Provincial or Industry wide level with public hearings is completed, to ensure a safe environment and to safeguard the health of the citizens of Ontario, NOW THEREFORE BE IT RESOLVED that the Council of Loyalist Township requests a full environmental assessment as it relates to the Lafarge Canada Inc. Bath Plant proposal on the burning of waste derived or alternative fuel in that cement kiln to address environmental impacts on Loyalist Township, as well as neighbouring parts of the Province of Quebec and Manitoba and the U.S.A.; AND FURTHER, if the Province of Ontario rejects the requested moratorium on burning of waste derived fuel in cement kilns and a full environmental assessment to address burning of waste derived fuel in cement kilns in Ontario and specifically at the Lafarge Canada Inc. Bath Plant, that the current application of Lafarge Canada Inc. Bath Plant be assessed under the provisions of the Environmental Protection Act Part V, with a formal public hearing struck by the Director of the Ministry of the Environment taking into account all measures recommended by Loyalist Township in its resolution of February 2004 as follows: 5

a) That the Ministry of the Environment hold a public hearing under the Environmental Protection Act to review the technical issues relating to the Proposals; b) That the Ministry require the use of Best Available Control Technology (BACT) or the emission criteria for the Bath facility be established at a level equivalent to BACT; c) That the Bath facility make use of continuous air monitoring equipment, a continuous recording of inlet temperature to the Air Pollution Control Device (APCD) and that a Contingency Plan be developed, including public notification, if emission levels exceed BACT criteria. d) That the Bath facility prepare and release a user friendly annual summary report within 3 months of year-end to the Ministry of the Environment and Loyalist Township that includes vehicle traffic and air monitoring data relating to the type and the amount of waste derived fuel consumed during the previous year. The report should also document any upset conditions such as, but not limited to, the failure to maintain the temperature at the entrance to the Electronic Precipitator at the level below which dioxins and furans readily form, and the action taken under such conditions. e) That Lafarge conduct bi-annual stack testing while alternative fuels are being utilized, including for dioxins and furans, and incorporate the results in the annual summary report. f) That Lafarge be required in the annual summary report to review current BACT and to comment on the adequacy of the currently installed equipment in meeting BACT. g) That Lafarge develop a Fire Protection Plan for the storage of waste derived fuel acceptable to the Fire Chief for Loyalist Township. WITH THE ADDITION OF h) That the Ministry of Environment simultaneously regulate measures to safely manage waste Cement Kiln Dust resulting from the use of waste derived or alternative fuel if the Ministry grants a certificate of approval for the burning of waste derived fuel as alternative fuels; and i) That the Ministry of Environment and the Province of Ontario formulate a plan to address emissions from projected future increased volumes of burning of waste derived or alternative fuels to maintain safe levels of resulting total emissions from industries other than Lafarge Canada Inc. in Eastern Ontario and throughout the Province of Ontario and crossover emissions from adjoining areas of the Provinces of Quebec and Manitoba and the U.S.A.; AND FURTHER that this resolution be forwarded to all Ontario municipalities for their support and that these municipalities forward such support to The Honourable Dalton McGuinty, , and The Honourable Leona Dombrowsky, MPP Hastings- Frontenac-Lennox and Addington, and Loyalist Township; AND FURTHER that this resolution be forwarded to The Honourable Dalton McGuinty, Premier of Ontario, The Honourable , Minister of the Environment and The Honourable Leona Dombrowsky, MPP Hastings-Frontenac-Lennox and Addington.

Councillor Ibey requested separation of h) and i) for voting purposes. Councillor Bresee requested separation of the seventh paragraph beginning with “Now Therefore” for voting purposes. 6

The motion with the above exclusions was voted on and adopted. Clauses h) and i) were voted on and adopted. The seventh paragraph beginning with “Now therefore” was voted on and adopted.

The complete motion as presented by Councillor Hudacin was adopted.

2006.26.8 – MOE Solid Non-Hazardous Waste Disposal Site Inspection Report – Violet

Moved by Councillor Ibey and seconded by Councillor Bresee that the Transportation & Solid Waste Manager’s report, August 21, 2006, re: M.O.E. Solid Non-Hazardous Waste Disposal Site Inspection Report - Violet be received for information. Motion carried. Mr. Bruce Hughson, Transportation and Solid Waste Manager, indicated that: a) New recycling schedule (blue/grey box program) begins on October 2nd. The grey boxes will be circulated to every household in the Township on Sept. 25th. b) Union Factory South Bridge has been completed and the final inspection was last Friday and the road is now open.

Moved by Deputy Reeve Bresee and seconded by Councillor Ashley that the Transportation & Solid Waste Manager’s verbal report be received. Motion carried.

2006.26.9 – Fairfield WTP – MOE Compliance Inspection Report – 2005/06

Moved by Councillor Lowry and seconded by Councillor Ibey that the Utilities Manager’s report, August 24, 2006, re: Fairfield WTP – MOE Compliance Inspection Report 2005/06 be received for information. Motion carried. 2006.26.10 – Bath WTP – MOE Compliance Inspection Report – 2005/06

Moved by Councillor Hudacin and seconded by Councillor Ashley that the Utilities Manager’s report, August 29, 2006, re: Bath WTP – MOE Inspection Report 2005/2006 be received for information. Motion carried.

2006.26.11 – Status of Sign at the W.J. Henderson Recreation Centre Moved by Councillor Lowry and seconded by Councillor Ibey that the Recreation Director’s report, September 7, 2006 re: Status of Sign at the W.J. Henderson Recreation be received for information. Motion carried.

2006.26.12 – Supply and Installation of the Pool Dehumidification Unit Moved by Councillor Ashley and seconded by Councillor Bresee that the Recreation Director’s report, August 31, 2006 re: Supply and Installation of the Pool Dehumidification Unit be received and that the following be adopted: a) that the new pool air circulation unit be installed on the compressor room roof (as per the original plan); b) that all preparation work be completed before the new unit arrives; c) that the pool remains closed until the installation is completed with an anticipated opening of October 7, 2006; d) that the pool operate a nine week fall program instead of the usual ten weeks. Motion carried. 7

Reeve McEwen requested that the estimate for the engineering drawings to support the dehumidification unit be put in Council baskets.

2006.26.13 – Administration Committee Minutes – September 5, 2006

Moved by Councillor Ashley and seconded by Councillor Hudacin that the Minutes of Meeting No. 9 of the Administration Committee, September 5, 2006 be approved. Motion carried.

2006.26.14 – Waste Reduction Week – October 16-22, 2006

Moved by Deputy Reeve Bresee and seconded by Councillor Bresee that the correspondence from Waste Reduction Week in Canada, August 30, 2006 re: Request for Proclamation – Waste Reduction Week – October 16-22, 2006 be received and proclaimed. Motion carried.

2006.26.15 – CUPE Ontario – Child Care Worker & Early Childhood Educator Appreciation Day – October 25th

Moved by Councillor Ashley and seconded by Councillor Lowry that the correspondence from CUPE Ontario, August 24, 2006 re: Request for Proclamation – Child Care Worker & Early Childhood Education Appreciation Day – October 25th be received and proclaimed. Motion carried.

2006.26.16 – Wilton Women’s Institute Building Renovation Committee PELA CFDC Grant Application 2006/07

Moved by Councillor Ibey and seconded by Councillor Ashley that the correspondence from Bill Reinhart, Chair, Wilton Women’s Institute Building Renovation Committee, August 26, 2006 re: Wilton Hall Addition PELA CFDC Grant Application 2006/07 be received and a letter of support be provided. Motion carried.

2006.26.17 – Susan Quinton, Clean Air Bath – Councillor’s Hudacin’s Motion

Moved by Deputy Reeve Bresee and seconded by Councillor Bresee that the correspondence from Susan Quinton, Clean Air Bath, August 30, 2006 and September 11, 2006 (added) re: Request for Support of Councillor Hudacin’s Motion - Request for Environmental Assessment for Lafarge Alternative Fuels Proposal be received. Motion carried.

2006.26.18 – Corinna Dally-Starna – CKD Landfill Application (CAO response added)

Moved by Councillor Hudacin and seconded by Councillor Bresee that the correspondence from Corinna Dally-Starna, September 7, 2006 re: Council’s Response to CKD Landfill Application, correspondence addressed to The Honourable Laurel C. Broten, August 9, 2006 and attachments and the Chief Administrative Officer’s response, September 8, 2006 be received. Motion carried.

8

2006.26.19 – Susan Quinton, Clean Air Bath – Cement Association of Canada Sponsorship of the AMO Conference (added to agenda)

Moved by Councillor Ibey and seconded by Councillor Bresee that the correspondence from Susan Quinton, Clean Air Bath, September 7, 2006 re: Cement Association of Canada Sponsorship of the AMO Conference and e-mail from the Township Clerk, September 8, 2006 and AMO’s proposal for a Provincial Integrated Waste Strategy, December 2005 be received; And further that a copy of AMO’s proposal be sent to Mrs. Quinton. Motion carried.

2006.26.20 – Information Items

Moved by Deputy Reeve Bresee and seconded by Councillor Ashley that the following items be received for information: 1. St. Paul’s Presbyterian Church, July 30, 2006 – Thank you for Donation 2. County of Frontenac, August 23, 2006 – Congratulations re: Ethanol Plant in Loyalist Township 3. By-law Enforcement Activity Report – August 2006 4. Lafarge Alternative Fuel Application i) Correspondence from Leona Dombrowsky, MPP, Hastings-Frontenac-Lennox & Addington dated September 8, 2006 to Loyalist Township. ii) Correspondence from Leona Dombrowsky to MOE dated July 5, 2006. iii) Correspondence from Leona Dombrowsky to MOE dated August 15, 2006 iv) Correspondence from Loyalist Township to Leona Dombrowsky dated August 31, 2006. Motion carried.

2006.26.21 – Announcements and Enquiries

The C.A.O. advised that the Phase II Environmental Assessment report for the Amherstview Water Pollution Control Plant Sewage Sludge Handling and Disposal project is available for review. Notice indicating that the 30 day review period ends on October 12th has been posted in local papers.

Also, the COMRIF – Intake 3 application has been sent today and the Assistant Township Engineer, Mr. Reinholz deserves a pat on the back for completing this application.

Councillor Hudacin noted that he had a meeting at the County of Lennox & Addington with the County Economic Development Officer regarding community revitalization. He noted that there is some support for Loyalist Township through Leona Dombrowsky’s Ministry and the Township may be eligible for a grant. Also, Bath would be used as a possible pilot project.

9

Councillor Ibey enquired about the water ban status to enable the upgrades to be completed on the Fairfield Water Treatment Plant. The C.A.O., Ms. Pearce advised that the Acting Utilities Manager would provide a progress report and place updates in Council baskets.

Councillor Ashley announced that he had filed Nomination Papers today for Ward 1 – Amherst Island.

The Recreation Director, Mr. Beyer, advised Council that the ice lost last weekend at the arena has been restored. The Township Clerk, Ms. Hamilton, indicated that the costs associated with the ice loss would be covered by insurance.

Moved by Councillor Ibey and seconded by Councillor Lowry that a letter of appreciation be sent to the Recreation Department staff to commend them on their efforts for the restoration of the ice at the arena. Motion carried.

Reeve McEwen advised that he had received correspondence regarding Quinte View Trailer Park and the total number of units allowed at the site.

The C.A.O., Ms. Pearce advised that the number of units cannot exceed the number that existed when the sewage system was upgraded. Any units that are replaced must have a building permit. The Building Department will investigate.

2006.26.22 – Closed Session

Moved by Councillor Ashley and seconded by Councillor Bresee that Council proceed into Closed Session as permitted under the Municipal Act for consideration of:

i) litigation or potential litigation ii) a proposed or pending acquisition or disposition of land Motion carried.

Moved by Councillor Ashley and seconded by Councillor Hudacin that Council in Closed Session rise and report. Motion carried.

2006.26.23 – Legal Matter

Moved by Councillor Ibey and seconded by Councillor Ashley that the verbal report by the Township Clerk re: Legal Matter be received. Motion carried.

2006.26.24 – Property Matters

Moved by Deputy Reeve Bresee and seconded by Councillor Lowry that the Township Planner/C.B.O.’s report, September 8, 2006 re: Property Matters be received for information. Motion carried.

10

2006.26.25 – Legal Matter

Moved by Councillor Ibey and seconded by Councillor Ashley that staff obtain a legal opinion regarding the Township’s right to impose a surcharge and the users’ right to withhold. Motion carried.

2006.26.26 – Confirmatory By-law

Moved by Councillor Ashley and seconded by Councillor Lowry that By-law 2006-85 being a by-law to confirm the proceedings of Council at its meeting held on Monday, September 11, 2006 be approved. Enacted and Passed this 11th day of September 2006.

2006.26.27 – Adjournment

Moved by Councillor Hudacin and seconded by Councillor Ashley that the meeting be adjourned at approximately 9:15 p.m. Motion carried.

______REEVE

______CLERK