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HomeMy WebLinkAboutPSD-020-04 ,s UNFINISHED BUSINESS " Clw:igglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 8, 2004 Report #: PSD-020-04 File#: PLN 33.4,6 Kc,s' (;PA "ju,:,uf By-law #: Subject: PORT GRANBY PROJECT COMMUNITY ADVISORY COMMITTEE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Admiristration Committee recommend to Council the following: 1. THAT Report PSD-020-04 be received; 2. THAT Council adopt one of the following resolutions: a) THAT the Port Granby Project Community Advisory Committee not be re-estabiished, and the Low Level Radioactive Waste Management Office be requested to consult with the broader Clarington community and the South East Clarington Ratepayers Association; -OR- b) THAT staff be directed to report back to Council regarding an alternative approach to the selection of members for the Port Granby Project Community Advisory Committee and any required revisions to the Terms of Reference for the Committee; and 3. THAT a copy of this Report and Council's resolution be forwarded to the Low-Level Radioactive Waste Management Office, Natural Resources Canada, and the members of the former Port Granby Project Community Advisory Committee. Reviewed by: ,o~,,-~~~~, Franklin Wu, Chief Administrative Officer JAS*FL *DJC*df 25 February 2004 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO LlC 3A6 T (905)623-3379 F (905) 623-0830 6.J : REPORT NO.: PSD.020-04 PAGE 2 1.0 BACKGROUND 1.1 Mr. Andrew McCreath, the Chair of the Port Granby Project Community Advisory Committee, presented the CAC's 2003 Annual Report at the January 12, 2004 meeting of the General Purpose and Administration Committee. Mr. McCreath noted that the CAC can playa vital role to the success of the Project, but that changes are required to make the CAC more effective. These changes included drawing CAC membership from the broader community, a revised committee mandate, and providing the CAC with its own budget to enable it do independent research on issues related to the clean-up. 1.2 On October 20, 2003, Council received correspondence from Mr. John Stephenson announcing the formation of the South East Clarington Ratepayer's Association (SECRA). The letter also advised Council that SECRA had approved a motion indicating that the proposal to relocate the Port Granby wastes to an engineered mound on the north side of Lakeshore Road was totally unacceptable to SECRA, and urging the Municipality to pursue an in-situ management option for the wastes. The correspondence was referred to the Director of Planning Services. 1,3 On February 2, 2004, Council considered correspondence from Mr. Sarwan Sahota, President of SECRA. He urged Council to re-appoint the Port Granby CAC and to provide the CAC with sufficient funds in order to receive specialized technical and scientific and scientific services. He suggested, if the engineered mound concept is selected for the management of the waste, that Council direct the CAC to undertake a study of all methods currently being used in the Americas and Europe for long term storage of radioactive waste in order to recommend to Council the most suitable method available for storing the waste. Council referred the correspondence to the Director of Planning Services. 1.4 At the February 9, 2004 meeting of the General Purpose and Administration Committee, Mr. Glenn Case, Director of the Port Hope Area Initiative, presented the results of the Alternative Means evaluation conducted for the Port Granby Project. Three concepts for the long term management of the Port Granby wastes were evaluated by the Low Level Radioactive Waste Management Office (LLRWMO). The management concept recommended to the Municipality by the LLRWMO involves the relocation of the Port Granby wastes to a new engineered storage mound facility on lands north of Lakeshore Road further away from Lake Ontario. Under this concept, the existing Port Granby Waste Management Facility would be rehabilitated. 1.5 Given the presentation of Mr. McCreath, the correspondence from Mr. Sahota, the creation of SECRA, and the announcement by the LLRWMO of a recommended management concept for the Port Granby wastes, this is an appropriate time to review the need for and structure of the Port Granby Project Community Advisory Committee. 2.0 PORT GRANBY PROJECT COMMUNITY ADVISORY COMMITTEE 2.1 The legal agreement between Clarington, Port Hope and the federal government regarding the Port Hope Area Initiative allows the municipalities to establish Community 6~ Ic~ - REPORT NO.: PSD-020-04 PAGE 3 Advisory Committees to provide public input on the Project. The mandate and organization of the CAC would be determined by Council, and the federal government would reimburse the Municipality for administrative and consulting costs related to the work of the CAC. The Municipality of Port Hope have not appointed a CAC. 2.2 On October 21, 2002, Council approved the Terms of Reference for a CAC for the Port Granby Project (see Attachment No.1). This document stated the committee's mandate was to assist the Proponent in communicating with the public about the Port Granby Project and to provide advice to Council that reflects the comments and concerns of Clarington residents. It was further noted that, in performing this function, the CAC will be expected to represent the views of both present and future residents of the Municipality and to work cooperatively and in partnership with the Municipality and the federal government to achieve the purpose and objectives of the Project. 2.3 The Terms of Reference stated that the CAC members were intended to represent a variety of interests, including agriculture, area residents, education, environment, and local business. Applications for the seven citizen members were invited through newspaper advertisements in accordance with Municipal procedure. However, only eight applications were received, with the result that the CAC was dominated by area residents who have been involved with previous initiatives related to the Port Granby waste site. 2.4 The CAC met generally on a monthly basis beginning in January 2003 until its dissolution in November 2003. Their work included a detailed review of the methodology for identifying and evaluating alternative means and the four technical studies requested by Council related to the management concept endorsed by Council in 1999. The members of the former CAC are to be commended for their faithful attendance at meetings and their diligence in reviewing the technical materials presented to them. 2.5 The CAC has consistently indicated its opposition to the consideration of any management option for the Port Granby wastes that would involve the excavation of the waste. In their 2003 Annual Report, the CAC recommended that only in-situ management options be considered through the Environmental Assessment process. It should also be noted that five of the seven citizen members of the former CAC are also members of SECRA. 3.0 COMMENTS 3.1 In considering whether to re-appoint the Port Granby Project Community Advisory Committee Council should review the intended mandate and structure of the committee in the context of the legal agreement with the federal government and the Terms of Reference for the CAC as originally approved by Council. The benefits and disadvantages for the Municipality of continuing with the CAC as a forum for public participation in the Port Granby Project should also be considered. DJ..! ." REPORT NO.: PSD-020.04 PAGE 4 3.2 The legal agreement requires the LLRWMO to establish a comprehensive communications program in order to provide information to the public and to receive public input on the Port Granby Project, and provides for the Municipality to establish a CAC as part of this communications program. The mandate of the CAC, as defined in the Terms of Reference, is to function in a communications and advisory role. In this regard, the CAC is not intended to replace the role of Council and operate as an oversight committee for the Project. Any budget provided to the CAC by the LLRWMO is intended to facilitate their communications and advisory activities and not to undertake independent research as suggested by Mr. McCreath and Mr. Sahota. 3.3 As noted earlier, the Terms of Reference intend the CAC structure to be broad-based and represent a variety of community interests. However, it would appear that the normal municipal practice of advertising for CAC members may not be the most suitable mechanism for reaching a broader group of community interests. It may be more appropriate to approach specific groups or organizations to ensure that the targeted interest groups are represented on the CAC. These groups could include the Clarington Board of Trade, the Durham Nuclear Health Committee, the Ontario Federation of Agriculture, and the University of Ontario Institute of Technology. SECRA would also be requested to provide representation on the CAC. This approach could require minor revisions to the Terms of Reference to reflect the change in the membership and structure of the CAC. 3.4 It should also be noted that the LLRWMO has established a comprehensive communications program for the Port Granby project, and therefore the CAC is not the only forum for the public to provide its input. Should Council choose not to re-appoint the CAC, Staff will work with the LLRWMO to ensure that their communication program effectively engages both local residents, including SECRA, and the broader Clarington community. A decision not to re-appoint the CAC will also permit staff and peer review consultants to focus on the review of technical documents and other matters related to the on-going Environmental Assessment process. The LLRWMO is responsible to ensure that full and adequate public consultation is undertaken through the EA. 4.0 CONCLUSIONS 4.1 The Community Advisory Committee was appointed by Council as part of an overall communications strategy related to the Port Granby Project. Given reGent developments, Staff is seeking Council's direction with respect to the need for and structure of the Committee. Attachments: Attachment 1 - Terms of Reference - Port Granby Project Community Advisory Committee O.T . . . REPORT NO.: PSD-020-o4 PAGE 5 List of interested parties to be advised of Council's decision: Ms. Sharon Baillie-Malo Uranium and Radioactive Waste Division Natural Resources Canada 580 Booth Street Ottawa, ON K1A 7K8 Mr. Glenn Case, Director Port Hope Area Initiative Low Level Waste Management Office 5 Mill Street South Port Hope, ON L 1 A 2S6 Mr. Andrew McCreath 18 Wolseley Street Toronto, ON M5T 1A2 Mr. Rupert McNeill 4679 Lakeshore Road RR # 8 Newcastle, ON L 1 B 1 L9 Mrs. Jean Payne 4612 Highway # 2 RR # 1 Newtonville, ON LOA 1 JO Mr. Sarwan Sahota 4665 Lakeshore Road R.R.#8 Newcastle, ON L 1 B 1 L9 Mr. Ken Shrives 44 Carveth Crescent Newcastle, ON L 1 B 1 N4 Ms. Barb Spencer 4563 Lakeshore Road RR. # 8 Newcastle, ON L 1 B 1 L9 CJ ~, J ATTACHMENT 1 .' TERMS OF REFERENCE PORT GRANBY PROJECT COMMUNITY ADVISORY COMMITTEE Background The Government of Canada and the Municipality of Clarington have entered into a legal agreement committing both parties to work towards developing a local solution for the secure long term storage and management of the low level radioactive waste currently stored at and associated with the Port Granby Waste Management Facility. This process to establish a new waste management facility is known as the Port Granby Project (the Project). The Low Level Radioactive Waste Management Office is the Project Proponent (the Proponent). The purpose of the Project is to clean up and provide appropriate local, long term management of low level radioactive wastes and marginally contaminated soils currently located in Clarington that are associated with the existing Port Granby Waste Management Facility. The principal objective of the Project is to manage the wastes in a suitably constructed, environmentally safe, socially acceptable and appropriately controlled facility for at least 500 years. Under the Agreement, the Municipality and the federal government have agreed to work together and to develop and maintain excellent communications and professional working relationships throughout the life of the Port Granby Project in order to attain the highest level of success in the completion of the Project Both parties also believe that meaningful involvement by residents, businesses and community leaders in the Port Granby Project is important. In order to facilitate effective communications with the public, the Proponent has established a comprehensive communications program and Council is establishing a Community Advisory Committee (CAC), as provided for by the Agreement. Committee Mandate The Community Advisory Committee shall assist the Proponent in communicating with the public about the Port Granby Project, and provide advice to Council on the Project that reflects the comments and concerns of Clarington residents. In performing this function, the CAC will be expected to represent the views of both present and future residents of the Municipality. The members of the Committee shall work cooperatively and in partnership with the Municipality and the Federal Government to achieve the purpose and objectives of the Project Scope of Activities The Community Advisory Committee, in fulfilling its mandate, shall review matters related to the Port Granby Project referred to the Committee by Councilor the Government of Canada, including the Proponent: The Committee may be requested to: o ,JJ , '. Page 2 a) Assist the Proponent in communicating with the general public on the Project; b) Receive and review studies and reports regarding the Project. The Committee shall report regularly to Council with advice and recommendations on matters being considered by the Committee. Membership and Structure The Community Advisory Committee is a volunteer committee. It shall consist of 7 citizen members representing a variety of interests drawn from across the Municipality in order to provide a range of perspectives on the Port Granby Project, Council shall generally seek to appoint members from each of the following groups: . agricultural community (1 member) . area residents (3 members) . education (1 member) . environment (1 member) . industry and local business (1 member). One member of Council and the Durham Region Medical Officer of Health or his designate shall also be appointed to sit on the Committee. One member of Clarington staff shall sit on the Committee as a non-voting member. Given the projected life span of the Port Granby Project and the complex and potentially controversial nature of the issues to be addressed by the Committee, members must be willing to commit the time required to understand and evaluate the information provided, as well as be open-minded about listening to various opinions and perspectives on the Project. Openings for membership shall be publicly advertised and all residents of the Municipality are eligible to apply. Applicants will submit applications to the Municipality of Clarington Clerk's Department. Members will be formally appointed by Council. The Staff representative on the Committee shall sit as the interim chair. Once the Committee is operating in an acceptable manner, the Committee will select a Chair and Vice-Chair from among its membership. The Chair shall provide leadership to the Committee, ensure that the Committee carries out its mandate, and act as the primary liaison between the Committee and Staff, Council and the federal government. Citizen members cannot send delegates or altemates to meetings. The Chair shall advise the Clerk of any member who is absent for three consecutive meetings without reason being given at least 24 hours prior to the meeting, and may request that the member be removed from the Committee. The Chair shall also advise the Clerk of the resignation of any member. Council shall appoint new members to the Committee to fill any vacancies as required. O ' _, f Page 3 Technical Support Municipal Staff will provide clerical, administrative and technical assistance to the Committee, as well as act as liaison between the Committee and the municipal administration. A facilitator will assist the Chair in ensuring that the Committee is successful in achieving its mandate. The Municipality's consultants will be available to the Committee to assist the members in understanding the various technical issues related to the Project. Term of the Committee The terms of the Committee shall coincide with the term of Council. At the end of the first phase of the Project (environmental assessment and licensing), Council may review the need for and the mandate of the Committee. Meetings Committee meetings shall be held in the Municipal Administrative Centre. The Committee shall generally meet a minimum of once per month; however, the Chair may schedule additional meetings or cancel meetings after consulting with the other members of the Committee. The Chair shall set the agenda for each meeting in consultation with Staff of the Municipality and the Proponent. A majority of the Committee membership (5) shall constitute a quorum. Decisions will be carried by a majority of the members present. At the first meeting of a calendar year, the Committee shall meet with Staff and representatives from the Government of Canada to discuss and plan the Committee's liaison work for the year. Reporting to Council The Committee shall report to Council as follows: . The recording secretary shall submit the minutes of all Committee meetings to the Municipal Clerk for inclusion in the Council agenda for information: . The Committee shall submit reports or make presentations to Council a minimum of twice per calendar year to provide Council with an update on the Committee's activities and to provide advice and recommendations on various matters related to the Project: All recommendations from the Committee shall be submitted to the Clerk for inclusion in Council agenda for direction. I I' OJO