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HomeMy WebLinkAboutCLD-007-14 Clarbgton REPORT MUNICIPAL CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 17, 2014 Resolution#: 9PI4 -19,9-19 By-law#: N/A Report#: CLD-007-14 File#: C12.EN C12.AG Subject: APPOINTMENTS TO ENERGY FROM WASTE —WASTE MANAGEMENT ADVISORY COMMITTEE AND AGRICULTURAL ADVISORY COMMITTEE OF CLARINGTON RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-007-14 be received; 2. THAT the existing Clarington appointees be thanked for their contributions to"the Energy from Waste —Waste Management Advisory Committee; 3. THAT the following four people be appointed to the Energy From Waste —Waste Management Advisory Committee for a two-year term: 4. THAT Todd Taylor be appointed to the Agricultural Advisory Committee of Clarington for a term ending December 31, 2016; and 5. THAT all interested ies listed in Report CLD-007-14 be advised of Council's decision. Submitted by: - t' � Reviewed by: Matti Barr' , CMO Franklin Wu, unicipal lerk Chief Administrative Officer PLB/jeg CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.: CLD-007-14 PAGE 2 1. BACKGROUND 1.1 Energy from Waste —Waste Management Advisory Committee (EFW-WMAC) The EFW-WMAC was established in 2011. It acts in an advisory role to the Durham Works Committee on issues or concerns which arise with waste diversion, waste management, environmental performance and monitoring of the EFW ' Facility, including the construction and operational phases. The EFW-WMAC is comprised of nine residents from the Region of Durham; five residents appointed by Durham Regional Council and four residents appointed by Clarington Council. 1.2 Agricultural Advisory Committee of Clarington (AACC) The AACC was established in 2001. The purpose of AACC is to assist the Municipality of Clarington in its efforts to identify, review, discuss and make recommendations to Council on agricultural and related issues. The AACC provides Municipal Council and staff with an agricultural perspective, providing advice on many issues including municipal policy and by-laws. The AACC is comprised of 10 positions (1 of which is from the Durham Federation of Agriculture) + 1 Council Rep. The members are selected to provide an appropriate representation of various farming interests (dairy, beef, apple, greenhouse, cash crops, hog, poultry, etc.). 2. CURRENT SITUATION 2.1 EFW-WMAC - End of Term The following current four Clarington EFW-WMAC members were appointed in 2011, for a two year term: • Marven Whidden • Kathy Coupland • Michelle Speelman Viney • Sophia Wouters As per the terms of reference (Attachment 1), the Region of Durham has notified Clarington's Municipal Clerk, on February 14, 2014, that the re-appointment process has begun. REPORT NO.: CLD-007-14 PAGE 3 Accordingly, an advertisement was placed in the Clarington This Week and Orono Weekly Times (on February 19th and 26th), on the Municipality of Clarington's website and social media, with a deadline of March 7, 2014. At the time of writing this report, a total of 10 applications were received as follows: • Louis Bertrand • Wendy Bracken • Kathy Coupland' • Joe Earle2 • Ron Hovianseian • Geoff James3 • Kerry Meydam4 • Victor Suppan5 • Jim Vinson6 • Trevor Winter' NOTES: Kathy Coupland is currently sitting on the EFW-WMAC. 2Joe Earle is currently sitting on the Clarington Heritage Committee. 3Geoff James is currently sitting on the Samuel Wilmot Management Advisory Committee. 4Kerry Meydam is currently sitting on the Sustainable Clarington Community Advisory Committee. 5Victor Suppan is currently sitting on the Clarington Heritage Committee. 6Jim Vinson is currently sitting on the Committee of Adjustment. 'Trevor Winter's application was received after the deadline. Applications have been circulated under separate cover (Attachment 2) as they contain personal information. 2.2 AACC - Vacancy Gary Jeffery was last appointed to the AACC in 2011 for a term concurrent with Council. The Municipal Clerk's Department received correspondence from Faye Langmaid, Manager of Special Projects and staff representative on the AACC, on February 17, 2014, advising that Mr. Jeffery had passed away and requesting a new member. Following Council's appointments in 2011, all unsuccessful candidates were advised that their applications would remain on file for consideration should a vacancy occur on the AACC. Accordingly, the Municipal Clerk's Department contacted previous applicants to the AACC to determine whether they wish to put their name forward for consideration. REPORT NO.: CLD-007-14 PAGE 4 At the time of writing of this report, only Todd Taylor' has confirmed with the Municipal Clerk's Department that he wishes to be considered for appointment to the AACC. Mr. Taylor's application has been circulated under separate cover (Attachment 1) as it contains personal information. NOTE: 'Todd Taylor currently sits on the Committee of Adjustment Mr. Jeffery was a "non-farm" rural member with agricultural experience who provided assistance with nutrient management plans and provided training of pesticide license courses. The AACC suggests that someone with similar experience would be desirable. 2.3 AACC —Term of Office The AACC terms of reference were approved by Council in 2001. On March 25, 2015, Council considered correspondence from the AACC advising Council that on March 14, 2013, the Agricultural Advisory Committee adopted the following resolution and requesting Council's endorsement: "WHEREAS the Agricultural Advisory Committee of Clarington was formed in 2001 and has provided valuable advice to Council and staff on numerous issues; and WHEREAS the terms of reference for the committee identify that the membership be drawn from the different agricultural sectors (dairy, beef, apple, greenhouse, cash crops, hog, poultry, etc.); and that members should also possess; relevant farm experience, technical training in an agriculture-based field, and/or currently involved in agricultural community activities; and WHEREAS the Agricultural Advisory Committee of Clarington has benefitted greatly from members that have been on the committee for a number of years such that the knowledge is transferred from one committee to the next; however, it is also recognized that there is the need of continual renewal within the membership and the fostering of younger members; and WHEREAS the Council Protocol for Advisory Committees sets out the term of Advisory Committees to be the same as that of Council; and WHEREAS the timing of the election in October combined with Council taking office in December effectively meant Committee appointments were delayed until March; REPORT NO.: CLD-007-14 PAGE 5 NOW THEREFORE BE IT RESOLVED THAT the Agricultural Advisory Committee recommend Council stagger the terms of members, by appointing half of the membership every two years, for four year terms and that the work of the committee continue until the new members are appointed." Council passed the following Resolution #C-105-13: "THAT the resolution from the Clarington Agricultural Advisory Committee with respect to staggering terms of appointment be endorsed." The AACC is interested in starting the staggering of terms with this new appointment and request that the term end on December 31, 2016. 3. CONCURRENCE: Not Applicable 4. CONCLUSION In order to fulfill the requirements of the EFW-WMAC Terms of Reference, it is recommended that four of the following applicants be appointed to the EFW-WMAC for a two-year term: • Louis Bertrand • Wendy Bracken • Kathy Coupland • Joe Earle • Ron Hovianseian • Geoff James • Kerry Meydam • Victor Suppan • Jim Vinson • Trevor Winter In order to fulfill the requirements of the AACC Terms of Reference, it is recommended that Todd Taylor be appointed to the AACC for a term ending December 31, 2016. CONFORMITY WITH STRATEGIC PLAN — Not Applicable Staff Contact: Patti L. Barrie, Municipal Clerk REPORT NO.: CLD-007-14 PAGE 6 Attachments: Attachment 1: EFW-WMAC Terms of Reference Attachment 2: EFW-WMAC Confidential Applications (Distributed Separately) Attachment 3: AACC Confidential Application (Distributed Separately) List of interested parties to be advised of Council's decision: Louis Bertrand Wendy Bracken Kathy Coupland Joe Earle Ron Hovianseian Geoff James Kerry Meydam Victor Suppan Todd Taylor Michelle Speelman Viney Jim Vinson Marven Whidden Trevor Winter Sophia Wouters Mirka Januszkiewicz, Director, Waste Management, Regional Municipality of Durham Melodee Smart, Administrative Assistant, Commissioner's Office, Works Department, Regional Municipality of Durham Ted Watson, Chair, Agricultural Advisory Committee of Clarington F. Langmaid, Manager of Special Projects ATTACHMENT # °� TO REPORT # � `'�° Energy from Waste-Waste Management Advisory Committee (EFW-WMAC) Terms of Reference 1. Purpose The Energy from Waste-Waste Management Advisory Committee (EFW WMAC) is established to provide a forum for public and other stakeholders to monitor, review and liaise with the Regional Municipality of Durham (Durham) on the EFW facility including how the waste is being sorted prior to arriving on-site. The success of the EFW facility will depend on the diversion measures and waste separation (waste management) that happens at the transfer stations and curb-side collection. The EFW-WMAC (Committee) is being established to satisfy the Host Community Agreement (HCA)with the Municipality of Clarington (Clarington) and the Commissioner& Medical Officer of Health's Report 2009- COW-01 obligations. 2. Mandate The EFW-WMAC will act in an advisory role to the Durham Works Committee on issues or concerns which arise with waste diversion, waste management, environmental performance and monitoring of the EFW facility, including the construction and operational phases. The EFW-WMAC will be comprised of volunteers from Durham appointed by Durham Regional Council and Clarington Council in accordance with these Terms of Reference. 3. Scope of Activities The scope of activities that the EFW-WMAC may undertake include, but are not limited to: a) Review, discuss and improve understanding of waste diversion and management that occurs before the waste arrives at the EFW facility. b) Review, discuss, summarize and/or provide opinions about available information, environmental surveillance programs, independent environmental testing, public reporting of environmental surveillance data, environmental performance for the EFW facility (as outlined in the Commissioner & Medical Officer of Health's Report 2009-COW-01). c) Identify, assess and study specific issues/concerns which may be related to or associated with the EFW facility or feeder waste management EFW-WMAC Terms of Reference Page 1 of 7 (Revised December 7,2011 and March 28,2012) system, including issues referred to the EFW-WMAC by the public, local governments, health professionals, etc., or that otherwise come to the EFW-WMAC's attention and to relay findings to Durham's Works Committee. d) Advise on the development and implementation of community outreach activities which support the growth and environmental awareness and appreciation in Durham in co-operation with other organizations where appropriate. This may include public information sessions, educational workshops and participating in some community events. e) Review and discuss matters of public interest regarding the EFW facility and its processes, policies and operation. Advise on emerging issues that may be associated with environmental and human health. f) Facilitate communication between stakeholders. g) Provide a forum for the residents to bring their concerns/questions or suggestions pertaining to the EFW facility. 4. Composition The EFW-WMAC will be comprised of volunteers selected at large from Durham in accordance with these Terms of Reference. The EFW-WMAC will be comprised of nine members. Members shall not hold an elected office (municipal, provincial or federal). All members are regarded as individuals and do not represent their respective employers or advocacy group in their capacity as an EFW-WMAC member. Members will be appointed for a two year term to a maximum of three consecutive terms. Appointments will be staggered to provide continuity for the committee. 5. Membership Membership shall consist of nine residents from Durham. Five residents will be appointed by Durham Regional Council. Four residents will be appointed by Clarington Council. The EFW-WMAC will notify Durham's Works Committee or Clarington Council, as the case may be, of the need to seek replacement members. Members will be replaced in accordance with the membership selection process outlined in Sections 5 and 6 of these Terms of Reference. Members shall continue to serve until their replacements are appointed. EFW-WMAC Terms of Reference Page 2 of 7 (Revised December 7,201 land March 28, 2012) Non-attendance for three consecutive meetings will be considered grounds for replacement. Invitations to attend EFW-WMAC meetings will be provided to the following non-voting members: • Staff representative from Durham's Works Department. • Staff representative from Durham's Health Department. • Staff representative from The Regional Municipality of York. • Staff representative from Clarington. • Staff representative from the Ministry of,the Environment. • Senior staff representative of the facility's design, build, operate (DBO) contractor and operator. • Ward 1 Local and Regional members of Clarington Council. 6. Call for Membership Durham will advertise the opportunity to participate in the EFW-WMAC using local newspaper(s) within the boundary of Durham. Responses will be evaluated by Durham's Senior Waste Management staff and recommended for appointment by Durham's Works Committee and Durham Regional Council for five members. Clarington will advertise the opportunity to participate in the EFW-WMAC as a representative of Clarington, using Clarington's process for committee appointments for four members. 7. Eligibility Criteria/Evaluation Interested residents from Durham must provide a detailed resume with a covering letter outlining their interest and their qualifications in being appointed to this Committee. The submission of additional information on why they should be selected for membership, detailing their knowledge of the EFW facility and the Environmental Assessment process and project will be considered. Previous participation or experience with committees/working groups will be considered an asset. EFW-WMAC Terms of Reference Page 3 of 7 (Revised December 7,201 land March 28,2012) Every potential appointee must disclose any obligation, commitment, relationship or interest that could conflict or may be perceived to conflict with his or her duties as part of the EFW-WMAC. A conflict of interest could arise in relation to personal matters including: • Directorships or other employment. • Interests in business enterprises or professional practices. • Share ownership. • Existing professional or personal associations. • Professional associations or relationships with other organizations. • Personal associations with other groups or organizations, or family relationships. 8. Officers The Chair will be elected by the Committee and serve for a two year term. The Vice Chair will be elected by the Committee and serve for a two year term. If a vacancy of any of the key roles occurs, a replacement will be elected by the Committee. Chair • Shall manage and provide leadership to the committee. • Shall chair meetings, maintaining order, while allowing for discussion and input from committee members and staff representatives. • Shall establish and maintain a positive meeting environment. • Shall make presentations as requested, including at least one presentation annually to Clarington Council and Durham Works Committee/Regional Council. • Shall co-ordinate any exchange of information (advise, request for information, etc.) through the EFW-WMAC to Durham's Works Committee. Vice Chair • Shall act on behalf of the Chair in his/her absence. EFW-WMAC Terms of Reference Page 4 of 7 (Revised December 7,201 land March 28,2012) Durham Staff Liaison • Shall chair the inaugural meeting. • Shall prepare all meeting agendas and take minutes. • Shall keep a current and accurate statement of all expenses. • Shall update the website by posting minutes, annual reports and any other important meeting correspondence. • Shall advertise each meeting in Durham area newspapers. 9. Support Services The Waste Management division of Durham's Works Department will appoint a staff liaison to the EFW-WMAC to provide administrative, procedural and technical support to the EFW-WMAC. The Region will provide secretariat support. The staff liaison will co-ordinate all requests for advice from the EFW-WMAC through meeting agendas. EFW WMAC responses to such requests shall be co- ordinated by the Chair and the staff liaison to the Works Committee. Regional Council will provide an annual budget of up to but not limited to $20,000 to cover operational expenses of the EFW-WMAC, and this budget will be administered by the Durham Works Department. Appointed EFW-WMAC members will be reimbursed for mileage expenses for attendance at EFW-WMAC meetings upon submission of an expense sheet in accordance with Regional policy. Any other funding requests must be submitted, in advance to the Durham Works Department for consideration. Durham will provide space on its website to post information such as meeting minutes and other relevant information. Upon request, the representatives of the Regions, contractors and governmental/regulatory bodies shall ensure that all studies and other information relevant to the Committee's mandate are made available to the EFW-WMAC. 10. Meetings/Resolutions The EFW-WMAC shall meet quarterly throughout the year at Regional Headquarters. Meeting dates must be determined such that they take into account business needs and the schedule of Regional Committees/Council. The meeting location may be subject to change once the EFW facility is operational EFW-WMAC Terms of Reference Page 5 of 7 (Revised December 7,201 land March 28,2012) and providing space is available. The EFW-WMAC will establish a meeting schedule at its inaugural meeting. The Committee may choose to adjust the schedule taking into account business needs and the schedule of Regional Committees/Council, however, must ensure that one meeting will be held per quarter. Special meetings may be held at the call of the EFW-WMAC Chair. All meetings will be posted on the Durham website, and any changes to the dates must be posted on the Durham website two weeks in advance of the proposed meeting. All meetings will be open to the public. As a formal Advisory Committee to the Region, the EFW-WMAC is subject to Regional Council Rules of Procedure unless otherwise specified in these Terms of Reference. All decisions made by the EFW-WMAC will be based on a majority vote unless otherwise specified in these Terms of Reference or Regional Council Rules of Procedure. Quorum shall consist of a majority of the sitting members. 11. Delegations to Meetings Any person wishing to appear as a delegate to the EFW-WMAC must submit a written request no later than 9:30 a.m. on the Monday preceding the meeting to the EFW-WMAC staff liaison advising of the topic on which they wish to speak for inclusion in the agenda. The staff liaison will forward the written request to the EFW-WMAC Chair if the relevance of a delegation appears to be outside the mandate of the Committee, then the Chair will request that the Committee decide as to whether a delegation should be heard. Materials to be presented by a delegate shall be provided one week in advance of the meeting. Any person wishing to address the EFW-WMAC who has not previously arranged to do so may be granted permission to do so only by a two-thirds affirmative vote of the Committee. 12. Minutes and Agendas Agendas will be distributed two weeks in advance of upcoming meetings. The minutes of each EFW-WMAC meeting will be included on the subsequent meeting's agenda for approval. Following the meeting, the unapproved minutes will be circulated by e-mail to the Committee members upon completion. The unapproved minutes will be forwarded to Durham's Works Committee for information and posted on Durham's website. When the minutes are approved, any amendments will be forwarded to Durham's Works Committee. EFW-WMAC Terms of Reference Page 6 of 7 (Revised December 7,201 land March 28,2012) 13. Annual Reports An annual report summarizing the activities of the previous year shall be prepared by the EFW-WMAC and the staff liaison, and forwarded to Durham's Works Committee and Clarington Council. The report should include any suggested revisions to the Terms of Reference. The Chair of the EFW-WMAC will present their annual report, and any additional reports as requested to Durham's Works Committee/Regional Council and to Clarington Council. An annual review of the EFW-WMAC will be completed by Durham's Works Committee to determine the effectiveness of the EFW-WMAC and ensure continued improvement. Clarington Council will be consulted on any changes to the Terms of Reference. 14. EFW-WMAC Dissolution The Committee can be dissolved at any time by Durham Regional Council, in consultation with Clarington Council and the members, providing that the requirements of Durham Report 2009-COW-01 and Host Community Agreement have been fulfilled or upon the decommissioning of the facility. EFW-WMAC Terms of Reference Page 7 of 7 (Revised December 7,201 land March 28,2012) CONFIDENTIAL REPORTS ✓ G PA REPORT NO. CLD-007-14 Attachments 2 & 3 Resolution#: By-law#: DATE OF REPORT: March 17, 2014 Appointments to Energy from Waste — Waste Management Advisory Committee and Agricultural Advisory Committee for Clarington