Loyalist Township Council Minutes
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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 Ontario, 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, Premier of Ontario, 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 Laurel Broten, 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.