Why was lawyer concerned about incinerator agreement, they ask
Feb 23, 2010 - 04:00 PM
By Jennifer Stone
CLARINGTON -- The Municipality's lawyer had concerns about the host community agreement, signed last week, between Clarington and Durham on the proposed incinerator, but those concerns were over-ridden by CAO Franklin Wu, councillors heard.
And now, Clarington councillors want to know what those concerns entailed, even though it's likely too late to do anything about it.
Clarington solicitor Dennis Hefferon was asked to provide comment to Mr. Wu on the deal, which is to lay out what the Municipality will receive in exchange for the garbage burner, to be located in Courtice, to burn Durham and York's residual waste. He did so, and according to Councillor Adrian Foster, he stated some specific concerns.
"If there were concerns, I'd like to know what they were, and what, if anything, we are doing about them," Coun. Foster said, asking for a report from the solicitor.
But Regional Councillor Mary Novak and Mayor Jim Abernethy insisted such a report should come from Mr. Wu, who surprised some councillors Monday by saying he had signed the agreement, despite the concerns, late last week.
"You had charged the responsibility of negotiation to me," Mr. Wu told councillors Monday. "If I don't agree with the solicitor's comments, I can certainly override his comments, and that's what I did."
But Coun. Foster said there's still a need for a report from the solicitor.
"The nature of the concerns were legal," he said. "If it's a two-page report that says there were no problems, fine. I'll go away and sleep well at night.
The agreement has met with staunch criticism from a number of corners, including from Coun. Foster who, last spring, called it a "box with pretty wrapping on it, but it's empty."
The deal commits the Region to eventually starting work on an environmental assessment that could pave the way for servicing of employment lands, but doesn't commit any funding to actually servicing the lands. It also provides a $10 per tonne royalty for Clarington on any garbage coming in from Toronto, despite assurances from Clarington's mayor that Toronto trash is not to be shipped here.
Council voted to receive the report from the solicitor nonetheless. It's to come forward in coming weeks.
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