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HomeMy WebLinkAboutAdmin-8-96THE CORPORATION OF THE TOWN OF NEWCASTLE 104 * 1,211 Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: APRIL 22 1996 Report #: ^ F'�1f�#: Subject: ST. MARYS CEMENT Recommendations: File# E�0�•� Res. # By -Law # It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. That Report ADMIN. 8-96 be received for information 2. That Council advise all interested parties that the Municipality will not provide an industrial location for the transfer of the CBM stonecrushing and ready -mix operation; 3. That Council agree that, should the ownership of Waverly Road be passed over to St. Marys Cement, as recommended in the Waterfront Regeneration Trust's Report and Recommendations on the Westside Marsh, the alternative road access to Cedar Crest Beach be "The Cove Road Route", as described in the aforementioned report; 4. That the Chief Administrative Officer, with appropriate staff, be directed to commence negotiations with any property owners that hold land designated in the "Cove Road Route" in order to obtain ownership on behalf of the Municipality so that construction may commence sometime in the future; 5. That the Chief Administrative Officer commence negotiations with St. Marys Cement and any Government body that may participate in the construction costs of the Cove Road Route, in order to. identify any cost to the Municipality; 6. That a report be brought forward to Council identifying the results of all negotiations, and the recommended source of funding that would not result`�in an adverse effect on the municipal tax levy, should the municipality be called upon to participate financially in the RECYCLEDPAPIER PAPER ( D RECYCLE THIS IS PRIWED ON RECYCLED PAPER 1 01 construction of the Cove Road Route access to Cedar Crest Beach; 7. Upon completion of the foregoing, assuming that any financial contribution on behalf of the municipality does not have an adverse effect on the municipal tax levy, Clarington agrees to participate in the Implementation Committee as recommended in the Waterfront Regeneration Trust Report of November 1995; and 8. That this report, together with Council's actions, be forwarded to the Waterfront Regeneration Trust, St. Marys Cement Company, the Port Darlington Community Association Inc., as well as those interested parties to this issue. 1. BACKGROUND 1.1 In November of 1995, the Waterfront Regeneration Trust delivered their Report and Recommendations on the Westside Marsh. This report came forward as the result of a request from the Municipality of Clarington and St. Marys Cement Company to the Waterfront Regeneration Trust to assist in finding a solution to several outstanding issues surrounding the operation of St. Marys in the area of the Westside Marsh, as well as the proposed mining of the marsh itself. 1.2 In preparing the Report and Recommendations, the Waterfront Trust presented an Interim Report in June, 1995, recommending the formation of work groups of stakeholders to assist in the preparation of a "Plan" that would address the numerous issues surrounding the St. Marys operation in the Westside Marsh area. After numerous meetings, the Trust presented their report that recommended that St Marys continue to quarry a portion of the Westside Marsh, while "a major portion of the existing Westside Marsh will be retained including the habitat most important for fish, birds, plants and animals. The Marsh will be nearly two thirds of its present size, and new habitat will be provided in order to,achieve no net loss overall. As much as possible of this habitat will be created on site, and any shortfall will be made up by augmenting -habitat in nearby marshes." 2. ST, MARYS' INVOLVEMENT 2.1 As described in a letter from St. Marys to Council, dated January 9, 1996, the "Plan" called upon St. Marys to do the following: a) To "freeze" 36 licensed acres of limestone so as to preserve the existing marsh thereon. As partial replacement of limestone, St. Marys would receive the Waverly Road right of way. 1102 b) To transfer ownership of the 37 acres adjacent to Cedar Crest Beach known as the south buffer. The end result is expansion of the naturalized area from the original 37 acres to 73 acres. c) To transf er St. Marys lands on West Beach Road now zoned "Extractive Industrial" for parkland, with the result that there would be adjacent to and including the Marsh over 100 acres of parkland and natural area. The consequences of the foregoing are as follows: i) It removes the potential for CBM ready -mix, the stonecrushing operation and Hutton Transport being relocated to the West Beach Road property. ii) It eliminates any future potential for St. Marys to pursue an expansion to its quarry on this abutting 36 acres now zoned "Extractive Industrial". d) To relocate the CBM stonecrushing and ready -mix operations from Waverly Road to a suitable new location supplied by the Municipality of Clarington within two years of the agreement. There are costs associated with the move, and, while these operations. ultimately would have to have been moved, the two- year requirement consumes capital at an earlier date. e) To dedicate to the Municipality of Clarington three parcels of land totalling 13.5 acres over and above the 37 acre parcel directly north of Cedar Crest Beach Road. f) To bear the cost of the diversion of Westside Creek around the licensed area. There is a significant additional cost, estimated to be in excess of $2.5 million, to St. Marys to implement this recommendation given the longer route and larger volumes of overburden required to be excavated. 3. MUNICIPAL INVOLVEMENT 3.1 The Regeneration Trust's Plan calls upon the Municipality of Clarington to do the following: a) Clarington will close and transfer to St. Marys about 4 acres of Waverly Road thereby allowing the Company access to limestone under Waverly Road and 12 acres of its own land; St. Marys, at its own expense, will relocate the Waverly Road portion of the Westside Creek east and then south into the Westside Marsh. b) Clarington will provide access to Cedar Crest Beach by a bridge and road connection to West Side Beach Road. c) Within two years of the agreement, Clarington will provide an industrial location for the transfer of the CBM stonecrushing and ready -mix operations. 1103 4. IMPLEMENTATION PROGRAM 4.1 The Waterfront Regeneration Trust recommended three steps to implement the Plan: a) establishment of an Implementation Committee; b) formal applications by St. Marys to the Department of Fisheries and Oceans with a full proposal, based on this integrated plan; and c) following approval in principle of St. Marys' application by DFO, the Implementation Committee should commence coordination of the integrated steps in this plan, including the necessary permits and approvals. 5. MUNICIPAL ACTIONS 5.1 Upon receipt of the Regeneration Trust's Plan, Council directed Staff to identify potential costs against the Municipality should the Plan be carried out as proposed. It should be noted that when the Regeneration Trust introduced its interim report in the summer of 1995, requesting participation from the stakeholders to assist in the drafting of the final report, Staff advised the Trust that they were participating in the committee process on the clear understanding that no financial commitment could be made on behalf of the Municipality, given the budgetary restraints that the Municipality was facing at that time. Since then, Provincial cutbacks of Transfer Payments have resulted in even greater pressure on the municipal budget. 5.2 Over the past few months Staff has obtained an Impression of Value of the Waverly Road property as well as attending a number of meetings with both St. Marys and the owners of the properties that would be -affected by the construction of the proposed alternative routes to Cedar Crest Beach, in an attempt to identify costs that would be directed towards the Municipality in the Regeneration Trust's Plan. 5.3 Staff has also requested Ontario Hydro to give consideration to making available a portion of their Darlington NGS site for the relocation of the CBM stonecrushing operation, as recommended in the Plan. We have now been advised by Hydro that such a proposal was not in keeping with their future plans. We would recommend that Clarington not participate in providing an alternate site for this operation. 1?04 6. IMPLEMENTATION COMMITTEE 6.1 Prior to Clarington's commitment to the Implementation Committee, it is imperative to clearly identify the potential cost exposure to the Municipality, and ensure that the municipal tax levy is not adversely affected by any financial involvement on Clarington's behalf. 6.2 Upon reviewing the three proposed alternative routes to service West Beach Road, should the ownership of Waverly Road be transferred to St. Marys, staff would recommend the Cove Road Route. The attached map identifying the three proposed routes indicate the privately owned lands that must be crossed for construction purposes. A preliminary cost of acquiring such land on the Cove Route, plus the cost of building the road and bridge, would be between 1.5 and 2.2 million dollars. 6.3 It is recommended that staff proceed to negotiate the purchase of private lands to accommodate the construction of the Cove Road Route, as well as continue to'identify any potential financial assistance from other levels of government, and St. Marys Cement Company. 6.4 Once staff reports the outcome of these negotiations to Council, identifying any financial involvement on behalf of Clarington, as well as a source of funding that would not adversely affect the municipal tax levy, Council may then commit to participate in the proposed Implementation Committee. Respectfully submitted, W. H. Stockwell, Chief Administrative Officer WHS:nof att. 1105