DOCUMENT 2

 

Extracts of Council Minutes

 

 

1.  Council Meeting of August 23, 2006 – Minutes 63

 

PLANNING AND ENVIRONMENT COMMITTEE REPORT 53

 

 

1.            COMMENTS ON ENVIRONMENTAL ASSESSMENT (EA) TERMS OF REFERENCE RELEASED BY WASTE SERVICES (CA) INC. FOR THE NAVAN LANDFILL

 

 

Committee recommendations as amended

 

That Council:

 

1.         Endorse the comments contained in Attachment 1 as the City’s comments on Waste Services (CA) Inc. Environmental Assessment Proposed Terms of Reference for the Navan Landfill, and direct staff to forward the approved comments to the Ministry of the Environment and Waste Services (CA) Inc. for consideration;

 

2.         Approve that the City adopt the Environmental Advisory Committee (EAC) recommendation to initiate an expedited review of its current waste management strategy, which would create a comprehensive IC&I sector waste plan that would consolidate, update and improve the Integrated Waste Management Master Plan (IWMMP). This comprehensive waste plan for the IC&I sector would:  create a blueprint for waste management in Ottawa; address opportunities to increase diversion in relation to IC&I waste (70% of Ottawa’s waste); explore how alternative technologies could be employed (building on the review that the City of Ottawa will be conducting on alternative technologies); and assess the need for expansion of the Carp and Navan Road Landfills;

 

3.         Approve that this IC&I sector review be done as expeditiously as possible under the Environmental Assessment Act and address the need for landfill expansions in light of an analysis of “alternatives to” landfill expansions;

 

4.         Approve that the City ask the Ontario Minister of the Environment to reject the Terms of Reference for the Carp and Navan Road landfill expansions as not being in the public interest, in light of the environmental assessment the City would undertake on an updated and consolidated IC&I waste plan and residential efforts already underway;

 

5.         Request that the Ministry of the Environment:

 

a)                  Provide a complete copy of Waste Services Inc (WSI) waste management facility’s Certificate of Approval, and any other related provincial, municipal or federal permits, approvals and/or agreements, to the City and be placed on the public record for review;

 

b)                  Provide all regulatory compliance reports and complaint/response records for the Navan Road waste management facility, submitted by the proponent, WSI to the MOE for the last 10 years of operation;

 

c)                  Hold in abeyance any further review of the Terms of Reference until the regulatory compliance status of the Navan site and operations of WSI is confirmed; and

 

d)         That Council circulate this motion to the Premier of Ontario, the Minister of the Environment, all Ottawa area M.P.P.s, the Association of Municipalities of Ontario and the appropriate staff at the Ministry of the Environment;

 

6.         Request the Minister of the Environment to:

 

a)                  Allow the City and the public to present further submissions in response to any amended ToR proposal by WSI that may be filed in the future to MOE, and that the City and the public be given no less than 180 days to respond to any such amended proposal;

 

b)                  Require any EA conducted by WSI be peer reviewed by independent experts paid for by WSI and that the review be supervised by the City of Ottawa; and

 

c)         That Council circulate this motion to the Premier of Ontario, Minister of the Environment, all Ottawa area M.P.P.s, the Association of Municipalities of Ontario and the appropriate staff at the Ministry of the Environment.

 

7.         Request the Ministry of the Environment to:

 

a)                  Consider the full public record compiled as a result of the Terms of Reference and advise the City of actions to be undertaken in conjunction with its review of the Terms of Reference; and

 

b)         That Council Circulate this motion to the Premier of Ontario, all Ottawa area M.P.P.s, the Association of Municipalities of Ontario and the appropriate staff at the Ministry of the Environment;

 

8.         Allocate $250,000 from the City Wide Capital Reserve Fund for the retention by the City Solicitor of such external legal services as are deemed necessary in respect of proposed Environmental Assessments for the Carp Road Waste Management Facility and the Navan Landfill site.

 

A Motion to move In Camera was considered later in the meeting.  For ease of reference the Motion’s disposition appears immediately preceding the ‘Motion to Adopt Committee Reports’

 

The Recommendations were divided for voting purposes.

 

Recommendations 1 and 2 CARRIED.

 

MOTION NO. 63/11

 

Moved by Councillor J. Legendre

Seconded by Councillor G. Bédard

 

That Recommendation 3 be amended by removing the words “under the Environmental Assessment Act” and specify that in any case the IC&I sector review not take longer than 1 year, and that effective, meaningful public consultation be undertaken in keeping with the spirit of the Environmental Assessment Act.

 

                                                                                                            CARRIED

 

Recommendation 3 was then put to Council and CARRIED as amended by Motion No. 63/11.

 

Recommendation 4 LOST on a division of 7 YEAS to 12 NAYS as follows:

 

Yeas (7):          Councillors A. Cullen, R. Jellett, R. Bloess, C. Doucet, P. Feltmate,

                        E. El-Chantiry and J. Stavinga.

 

Nays (12):        Councillors J. Harder, J. Legendre, R. Chiarelli, D. Thompson, M. McRae,

S. Little, D. Deans, B. Monette, M. Bellemare, G. Bédard, G. Hunter

and Mayor Chiarelli.


 
MOTION NO. 63/12

 

Moved by Councillor R. Bloess

Seconded by Councillor R. Jellett

 

4.         That Council request the Minister to require as a provision in the terms of reference, that WSI and WM address in their Environmental Assessments, if their terms of reference are approved, any interim or final reports of the environmental review undertaken by the City on an updated and consolidated ICI wasteplan and of the residential efforts underway.

 

CARRIED on a division of 19 YEAS to 0 Nays as follows:

 

Yeas (19):       Councillors A. Cullen, R. Jellett, R. Bloess, J. Harder, J. Legendre,

                        R. Chiarelli, D. Thompson, M. McRae, C. Doucet, P. Feltmate, S. Little,

                        D. Deans, E. El-Chantiry, B. Monette, M. Bellemare, G. Bédard, G. Hunter, J. Stavinga and Mayor Chiarelli.

 

Nays (0):        

 

Recommendations 5, 6, 7 and 8 CARRIED with Councillor G. Hunter dissenting.

 

 

2.  Council meeting of October 25, 2006 – Minutes 67

 

MOTION NO. 67/18

 

Moved by Councillor R. Bloess

Seconded by Councillor R. Jellett

 

That the Rules of Procedure be suspended to consider and approve the following Motion:

 

WHEREAS on September 7, 2006, the City Clerk submitted a letter to the Honourable Laurel Broten, Minister of the Environment, outlining City Council’s more than 50 recommendations and comments, approved at its meeting held on August 23, 2006, with respect to the Environmental Assessment (EA) Terms of Reference (ToR) released by Waste Services (CA) Inc. (WSI) for the Navan Road Landfill;

 

AND WHEREAS on October 16, 2006, the Minister of the Environment responded to the City Clerk’s letter dated September 7, 2006, indicating that the Ministry had completed its review and that the Minister had approved the Terms of Reference (ToR) for the preparation of an EA;

 

AND WHEREAS, in response to the City’s more than 50 recommendations and comments, the Minister of the Environment requested the two following amendments:

 

1)               that the EA contain a description of the effects on the Mer Bleue Bog; and

 

2)               that the Aboriginal communities that may be affected by or have an interest in the Navan Landfill Expansion EA will be provided with sufficient opportunity to participate in the development of the EA.

 

AND WHEREAS the Minister of the Environment provided no further comment regarding the more than 50 City Council endorsed recommendations and comments;

 

BE IT THEREFORE RESOLVED that City Council direct the City Clerk to submit a letter to the Minister of Environment requesting her reasoning for not including and/or considering City Council’s more than 50 recommendations and comments with respect to the Environmental Assessment (EA) Terms of Reference (ToR) released by Waste Services (CA) Inc. (WSI) for the Navan Road Landfill;

 

AND BE IT FURTHER RESOLVED that this Motion be circulated to Mr. Phil McNeely, Mr. Jim Watson, Ms. Madeleine Meilleur, all other MPPs and the Premier of Ontario and that it be noted that the City of Ottawa is requesting a review of the Minister’s decision and lack of consideration for its comments, recommendations and concerns;

 

AND BE IT FURTHER RESOLVED that the City Solicitor review the various legal options that may be available to the City of Ottawa at this point in the proceedings with respect to the proposal to expand the Navan Landfill and report to Council on November 22, 2006.

 

                                                                                                            CARRIED

 

MOTION NO. 67/21

 

Moved by Councillor R. Jellett 

Seconded by Councillor R. Bloess

 

That the Rules of Procedure be suspended to consider and approve the following Motion:

 

WHEREAS at the August 22, 2006 meeting of Planning and Environment Committee, Mr. Ken Brothers stated that if Waste Services Inc. (WSI) did not include the 50 plus recommendations of City staff in the Terms of Reference (ToR) for the expansion of the Navan Road Landfill, WSI’s proposal would not be considered “environmentally sound” under Section 15 of the Settlement Agreement;

 

AND WHEREAS the Minister of the Environment did not include any of the City of Ottawa’s recommendations into the ToR it approved;

 

AND WHEREAS WSI has submitted a report to City of Ottawa legal staff responding to the City of Ottawa’s comments on the ToR, which has to date not been circulated to City Council;

 

AND WHEREAS to date WSI has not included the City of Ottawa’s recommendations in a revised ToR;

 

THEREFORE BE IT RESOLVED that the approved ToR, as they currently stand, are not “environmentally sound” within the meaning of Section 15 of the Settlement Agreement and such opinion should be communicated to appropriate government officials and WSI;

 

AND BE IT FURTHER RESOLVED that City staff circulate WSI’s report to City Council forthwith.

 

                                                                                                            CARRIED

 

 

3.  Council Meeting of November 22, 2006 – Minutes 68

 

MOTION 68/9

 

Moved by Councillor R. Bloess

Seconded by Councillor R. Jellett

 

WHEREAS City Council passed a Motion at it’s meeting on August 23, 2006 to:

 

·         Approve that the City adopt the Environmental Advisory Committee (EAC) recommendation to initiate an expedited review of its current waste management strategy, which would create a comprehensive Industrial, Commercial and Institutional (IC&I) sector waste plan that would consolidate, update and improve the Integrated Waste Management Master Plan (IWMMP).  This comprehensive waste plan for the IC&I sector would: create a blueprint for waste management in Ottawa; address opportunities to increase diversion in relation to IC&I waste (70% of Ottawa’s waste); explore how alternative technologies could be employed (building on the review that the City of Ottawa will be conducting on alternative technologies); and assess the need for expansion of the Carp and Navan Road Landfills;

 

·         Approve that this IC&I sector review be done as expeditiously as possible and address the need for landfill expansions in light of an analysis of “alternatives to” landfill expansions, and that in any case the IC&I sector review not take longer than 1 year, and that effective, meaningful public consultation be undertaken in keeping with the spirit on the Environmental Assessment Act.

 

AND WHEREAS proposed Terms of Reference (ToR) have been issued to review ICI waste management in the City and a consultant team has been engaged to prepare an ICI Waste Management Strategy;

 

AND WHEREAS it is imperative that the IC&I waste review and master plan be conducted in an open and transparent manner and provide an opportunity to have the options presented and debated by the public and properly tested;

 

AND WHEREAS the ToR include a characterization of the IC&I waste stream, diversion options and mechanisms to get to 60% diversion and beyond; the implementation of alternative technologies, source separation and recycling to reach diversion goals, and the need for landfill capacity in light of diversion;

 

AND WHEREAS the consultant team engaged by the City is currently preparing the Draft Scoping Document;

 

AND WHEREAS the Council approved Scoping Document will define the entire IC&I waste review and the public needs to be part of the process from the outset;

 

THEREFORE BE IT RESOLVED that following the public consultation the Final Draft Scoping Document will be submitted to the Planning and Environment Committee in January and subsequently to Council for approval;

 

AND BE IT FURTHER RESOLVED that City staff prepare a detailed budget for the IC&I review and Master Plan, that ensures that the review and plan be conducted in a cost effective manner, and that City staff include time lines for key deliverables.

 

CARRIED with Councillors G. Hunter and R. Chiarelli dissenting.