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HomeMy WebLinkAboutPD-98-98~. ~ - DN: PD-9&96 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File# Cla.~,z_ Date: Monday, August 31, 1998 Report #: PD-98-98 FILE #: Subject: COMMUNITY RELATIONS COMMITTEE BLUE CIRCLE Recommendations: Res. #~~~'~~ '9~ By-law # It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-98-98 be received ; 2. THAT the attached Terms of Reference for the Blue Circle Cement Community Relations Committee be approved; 3. THAT the Director of Planning and Development be authorized to convene the first meeting of the Blue Circle Cement Community Relations Committee; 4. THAT a copy of this Report and Council's decision be forwarded to Blue Circle Cement Inc., Port Darlington Community Association, Aspen Springs Community Association and The Waterfront Regeneration Trust. 1. APPLICATION DETAILS 1.1 In April 1995, the Waterfront Regeneration Trust presented a number of recommendations regarding Blue Circle's operation, including focusing on a proposed solution to quarrying the Westside Marsh. One of the recommendations of the Waterfront Trust was that "(Blue Circle) and the community should set up a Community Relations Committee with an independent and mutually agreed upon facilitator to share information and seek solutions to mutual problems." 637 REPORT NO.: PD-98-98 PAGE 2 1.2 In November 1997, the Municipality of Clarington and Blue Circle Cement entered into a legal agreement that builds on the recommendations of the Trust. The "Principles of Understanding" provides a solution for some of the community's concerns about the future of the Westside Marsh while maintaining the economic viability of the Company. 1.3 In January 1998, Council directed Staff to prepare Terms of Reference to establish and guide a new Community Relations Committee. The draft Terms of Reference were prepared in March 1998 and forwarded to Blue Circle Cement, Port Darlington Community Association, and Aspen Springs Community Association. Aspen Springs Community Association was asked to join the Committee after Staff received several calls from residents expressing concerns about Blue Circle's operation. The Terms of Reference were subsequently revised based on the comments received. They were reviewed at a meeting held in June 1998. The purpose of this report is to provide Council with an overview of the proposed Community Relations Committee. 2. A COMMUNITY RELATIONS COMMITTEE 2.1 The process leading to the solution for the Marsh improved the relationship between the residents and Blue Circle Cement Inc. A Community Relations Committee will provide an opportunity for open dialogue regarding other issues related to Blue Circle Cement's operations. The Terms of Reference for the Committee (Attachment #1) are briefly summarized below. 2.2 The Committee will share information and discuss issues of mutual interest and issues of concern to residents related to Blue Circle's operations. The Committee may discuss issues such as: irritants from Blue Circle's operations; 638 REPORT NO.: PD-98-98 PAGE 3 progress of work as it relates to the Principles of Understanding between the Municipality and Blue Circle Cement; • the progress of construction of the bridge over Westside Creek and reconstruction of Cove Road. The Committee may also review but may not formally comment on applications made under provincial and federal legislation. The Committee will not be involved in the planning and management of the Westside Marsh/Bowmanville Marsh open space area. 2.3 The Committee will be comprised of a maximum of 8 individuals: • two members from the Port Darlington Community Association, (one executive members, one non-executive member); • two members from the Aspen Springs Community Associations, (one executive member, one non-executive member); • three members from Blue Circle Cement, including one member from Blue Circle Aggregate, (formerly CBM); and • two Clarington Staff members. The Committee may request the presence of representatives from Ontario Hydro, Central Lake Ontario Conservation, Department of Fisheries and Oceans and the Ministry of Natural Resources at certain meetings, if required. The Committee will be co-chaired by one member from Blue Circle Cement and one member from a community association. The Committee shall elect the Co- chairs. 639 REPORT NO.: PD-98-98 PAGE 4 2.4 The Committee will meet no less than four times a year. The Minutes of each meeting shall be recorded and distributed to Committee members, the community associations and the Municipal Clerk. The Clerk shall place minutes on the Council agenda for information. The Co-chairs shall appear before Council to inform them of the Committee's progress on an annual basis. 2.5 The Committee may reassess its mandate, membership structure and reporting functions from time to time. Any major changes shall be discussed with Council. 3. COMMENTS 3.1 Among the comments received through the consultation process, the Port Darlington Community Association requested that a budget be established for the Committee in order to: a) retain a facilitator, in accordance with the Trust's recommendations, to establish goals and objectives; b) record and distribute minutes; and, c) assemble information required by the Committee in order to identify viable solutions to problems or issues. The Terms of Reference have not been revised the reflect this request. The Municipality's costs related to the Westside Marsh solution are considerable and Staff are of the opinion that the Committee can function adequately without financial support from the Municipality. The Municipality can, however, provide administrative support for the Committee such as photocopying, mailing and providing a meeting venue from time to time. Regarding a facilitator, Staff suggest that, should the Committee decide a facilitator is required, it should seek out the resources to retain such an individual. Blue Circle may wish to consider this as an 640 RIEPORT NO.: PD-98-98 PAGE 5 important investment in community relations and fund a facilitator. Finally, with respect to funds required for reviewing studies or assembling information, Staff suggests that should the Committee feel that studies or peer reviews are required, the co-chairs should approach Council to request funds. 4. CONCLUSION 4.'I In the coming years, Blue Circle's operations will lead to a number of significant changes to Bowmanville's waterfront. As such, formation of a Community Relations Committee as outlined in the attached Terms of Reference should assist in improving communications between the community and company. 4.2 It is important to view the Community Relations Committee not as a municipal committee. It is a committee of industry representatives and residents working to resolve issues in their mutual interest. The Municipality is seeking only to facilitate the discussions between these parties and to address issues arising from the Principles of Understanding. It is foreseen that Staff's role on the Committee will decline as the Principles of Understanding are implemented. Re<_pectfully submitted, Franklin Wu, M.C.I.P., R.P.P. Director of Planning & Development CS*DC*FW*df August 10, 1998 Attachment #1 -Terms of Reference Reviewed by, W.H. Stockwell, Chief Administrative Officer. 641 REPORT NO.: PD-98-98 Interested parties to be notified of Council and Committee's decision: Ms. Lynn Davidson Environmental manager Blue Circle Cement Inc. 400 Waverly Road South BOWMANVILLE, Ontario L1C 3K3 Ms. Glenda Gies, President Port Darlington Community Association R.R.#2, Group 2, Box 63 BOWMANVILLE, Ontario L1C 3A6 Mr. Anthony Skinner 166 Vail Meadow Crescent BOWMANVILLE, Ontario L 1 C 4T4 Dr. Kathleen Hoch 52 Westside Drive BOWMANVILLE, Ontario L 1 C 4Y8 Mr. David Crombie Waterfront Regeneration Trust 207 Queen's Quay West, Suite 580 TORONTO, Ontario M5J lA7 PAGE6 642 TERMS OF REFERENCE BLUE CIRCLE CEMENT COMMUNITY RELATIONS COMMITTEE 1. BACKGROUND Blue Circle Cement and the residents of Bowmanville's waterfront have had, at times, an acrimonious relationship. The impacts from the Company's quarry operation in close proximity to residents and the construction and operation of the shipping dock have been a source of aggravation for many residents. In addition, the uncertainty of Westside Marsh's future added to the friction. In December 1993, the Waterfront Regeneration Trust, at the request of the Municipality of Clarington and Blue Circle Cement, agreed to help resolve the numerous issues related to Blue Circle's operation, including finding a solution to quarrying the Westside Marsh. One of the recommendations of the Waterfront Regeneration Trust was that "(Blue Circle) and the community should set up a Community Relations Committee with an independent and mutually agreed upon facilitator to share information and seek solutions to mutual problems." In November 1997, the Municipality of Clarington and Blue Circle Cement entered into a legal agreement that builds on the recommendations of the Waterfront Trust. The 'Principles of Understanding' is a product of many months of public consultation and negotiations. It provides a solution to some of the community's concerns about the future of Westside Marsh while maintaining the economic viability of the Company. The process leading to a solution for the Westside Marsh has resulted in improved communications and has fostered a better relationship between community and the Company. In January 1998, Council directed Staff to prepare Terms of Reference to establish and guide a new Community Relations Committee. 2. PURPOSE The purpose of the Community Relations Committee is to build on the improved relationship and create an opportunity for open dialogue between the community and Blue Circle Cement. x,43 3. MANDATE The Committee will share information and discuss issues of mutual interest and issues of concern to residents related to Blue Circle's operations. The discussions will focus on finding viable solutions to problems, which recognize the interests of both Blue Circle and the residents. The types of issues to be discussed by the Committee could include: • Irritants from Blue Circle's operation including noise, dust, vibrations from blasting and operations on the shipping dock; and • Progress of work as it relates to the Principles of Understanding including the temporary haul road, Westside Marsh reconfiguration, the Westside Creek diversion, construction of the overflow channel, phasing of extraction and relocation of Blue Circle Aggregate (formally CBM) and Hutton Transport. In addition, the Municipality of Clarington can report on the progress of construction of the bridge over Westside Creek and reconstruction of Cove Road. The Committee may review, but cannot comment, on applications made under the Planning Act, the Aggregate Resources Act, Lakes and Rivers Improvement Act, Conservation Authority's Act or Fisheries Ad. 4. MEMBERSHIP AND STRUCTURE The Community Relations Committee shall be comprised of the following membership: • two members from the Port Darlington Community Association, (one executive members, one non-executive member); • two members from the Aspen Springs Community Associations, (one executive member, one non-executive member); • three members from Blue Circle Cement, including one member from Blue Circle Aggregate, (formerly CBM); and • two Clarington Staff members. 4 ,~ The Committee, at its discretion, may augment its membership from time to time by including representatives from other agencies, such as Ontario Hydro, Central Lake Ontario Conservation Authority, Department of Fisheries and Oceans and the Ministry of Natural Resources. The Committee shall be co-chaired by one member from Blue Circle Cement and one member from a community association. The Committee shall elect the Co- chairs. The Committee may reassess its mandate, membership, structure and reporting functions from time to time. Prior to any changes however, the Co-chairs must discuss any proposed changes with Members of Clarington Council. The Co-chairs must inform the Municipal Clerk of the replacement of any individual on the Committee. 5. REPORTING TO COUNCIL Meetings shall be held no less than four times a year. A member of the Committee will record the Minutes of meetings, perhaps on a rotating basis. The Minutes shall be distributed by the Municipality of Clarington Planning and Development Department. They will be distributed to Committee members and the President of the Port Darlington Community Association, the President of the Aspen Springs Community Association, the Environmental Manager from Blue Circle Cement and to the Municipal Clerk to be placed on the Council agenda for information. The Co- chairs shall appear before Council to inform them of the Committee's progress on an annual basis. Date: August 10, 1998 ~4