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HomeMy WebLinkAboutPSD-128-02 Addendum r ., UNFINISHED BUSINESS Cl!JlIDglOn REPORT PLANNING SERVICES Meeting: Date: Report #: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Monday, January 6, 2003 Addendum to PSD-128-02 File#0/J- G/l1-uiC-03 By-law #: Subject: HIGHWAY 407 - COMMUNITY ADVISORY COMMITTEE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Admiristration Committee recommend to Council the following: 1. THAT the Terms of Reference for the Clarington Highway 407 Community Advisory Committee, attached to this Report as Attachment No.1, be approved; 2. THAT the following groups be requested to appoint representatives to the Highway 407 Community Advisory Committee: a) Clarington Board of Trade - one representative from a local BIA and one industry representative b) Clarington Agricultural Advisory Committee - one member; c) Municipal Heritage Committee -one member; 3. THAT a member of Council be appointed as the Council representative on the Community Advisory Committee; 4. THAT a copy of Report PSD-128-02, this Addendum Report and Council's resolutions be forwarded to Ms. Linda Gasser, Mr. John Slobodzian of the Ministry of Transportation, Mr. Doug Allingham of Totten Sims Hubicki, and the interested parties in this report. Submitted by: Da id:l. Crome, MCIP, R.P.P. Director of Planning Services R.,'ow"" by' tli~ klinWu, f Chief Administrative Officer JS.DJC.sh December 19, 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 661 . ' REPORT NO.: Addendum to PSD-12S-02 REVISED PAGE 2 1.0 BACKGROUND 1.1 On December 9, 2002, Council considered Staff Report PSD-128-02. The report forwarded Terms of Reference for a Clarington Highway 407 Community Advisory Committee (CAC), and also recommended that the Minister of Transportation be requested to provide funding to enable Clarington to retain a consultant. 1 .2 Ms. Linda Gasser addressed Council in respect of the report. She recommended a number of changes to the Terms of Reference for the CAC, and also requested that Council engage a consultant to review the Needs Planning Studies and the draft Terms of Reference. She also requested Council to identify a source of funds for the consultant immediately. 1.3 Council resolved to direct the Clerk to advertise for the positions on the CAC, and to request the Minister to provide funding for a consultant and add a third member from Clarington to the Ministry's CAC. Council also resolved to refer the recommendations related to the Terms of Reference for the CAC back to staff for a further report to address the issues raised by Ms. Gasser. 2.0 MTO'S COMMUNITY ADVISORY COMMITTEE 2.1 Doug Allingham, of Totten Sims Hubicki, advised staff that the Ministry of Transportation is open to having additional Clarington residents on the Ministry's Community Advisory Committee. They requested a member that could provide an environmental perspective on the project. The Director of Planning Services provided 6 possible candidates for the Ministry to consider. In addition, the Ministry has requested names of member!,! of the Clarington Agricultural Advisory Committee. The Director of PlanninQ Services provided four names. The Ministrv will select one additional ClarinQton member from the 10 names. As of the writing of this report, the membership consisted of the following: REPORT NO.: Addendum to PSD.12S-D2 REVISED PAGE 3 Area Municipal Representatives (All Durham municipal areas except Brock) Durham Agricultural Advisory Committee Greater Oshawa Chamber of Commerce Canadian Automobile Association Ontario Trucking Association Members at Large (two from Clarington four from Whitby one from Pickering) 7 1 1 1 1 7 18 At large member may represent specific interests such as the environment. 3.0 CLARINGTON COMMUNITY ADVISORY COMMITTEE 3.1 Ms. Gasser made five recommendations with respect to the Terms of Reference for the Community Advisory Committee. These are addressed individually below. a) Ms. Gasser suggested that the CAC membership be increased to 15 community members plus Council and staff liaison members. This recommendation, if approved, would increase the total size of the CAC to 18 members. A committee this size would be difficult to administer and would increase the demand on Staff resources. The Agricultural Advisory Committee has a total of 13 members, while both the Municipal Heritage Committee (formerly LACAC) and the Port Granby Project CAC have a total of 10 members each. Recommendation: Staff suggest that the CAC membership remain at a total of approximately 13 members, including staff and Council representatives. This will provide for sufficiently broad-based representation from the community and the maintenance of a large core group. However, Council could review the Committee size again and make any additions when applications are received and specific appointments are made. b) Ms. Gasser suggested that a Conflict of Interest clause be inserted in the Terms of Reference that would allow members that are potentially affected to participate in general discussions, but exclude them from voting on specific issues affecting them. REPORT NO.: Addendum to PSD.128.02 PAGE 4 Staff agree with this suggestion and have included appropriate wording in the Terms of Reference. Recommendation: That the Terms of Reference be modified to add the following paragraph under Meetings: All members of the Committee will be eligible to participate in discussions related to the project. However, any member who would be directly affected by a specific issue related to the project shall refrain from voting on a motion directly related to that issue. Individual members of the Committee shall be responsible for determining whether they have a conflict of interest with respect to any issue. c) Ms. Gasser suggested that a clause be inserted in the Terms of Reference to indicate that any member that misses three consecutive meetings without valid reasons be replaced. Staff note that is a standard clause in the Terms of Reference for Council committees. The matter of absences is already addressed in the Terms of Reference in the last paragraph under Membership. Recommendation: That the current absence provision in the Terms of Reference not be modified. d) Ms. Gasser suggested that each organization/group be limited to one member on the CAC. Ms. Gasser's concern was focused on the previous Terms of Reference which provided for the Clarington Board of Trade to appoint two members. Here position was that no one group should have more than one member. However, if Council were to directly appoint a BIA member, it would have to choose one of the three BIA's to appoint a member or have all BIA's and the Courtice Business Association appoint a member. The latter would result in over representation of one group. The Board of Trade represents both commercial and industrial businesses, and each would provide a valuable perspective to the Committee. Recommendation: That the Board of Trade representation on the CAC be maintained at two members, and that the Board be requested to appoint one member who is also a member of a BIA and one industry representative. e) Ms. Gasser suggested that the Municipality consider hiring an independent facilitator rather than having the Advisory Committee elect a chair from within. 664 REPORT NO.: Addendum to PSD.12S-D2 PAGE 5 Staff believe that the process would be greatly enhanced with the use of a professional facilitator. However, given the costs involved with retaining a facilitator for the Advisory Committee, Staff cannot support this suggestion. Recommendation: None 4.0 TRANSPORTATION CONSULTANT 4.1 Ms. Gasser indicated that Council should engage a transportation consultant immediately in order to review the Needs and Justification report and the Draft EA Terms of Reference. There are no funds budgeted for this purpose and Council should provide direction to staff on this issue, in light of the other priorities for the 2003 budget year. Attachments Attachment 1 - Terms of Reference Attachment 2 - Delegation of Linda Gasser - December 9, 2002 Interested parties to be notified of Council and Committee's decision: Ms. Linda Gasser PO Box 300 Orono, Ontario LOB 1 MO Mr. John Slobodzian Ontario Ministry of Transportation 301 St. Paul Street St. Catherines, Ontario L2R 7R4 Mr. Doug Allingham, P. Eng Totten Sims Hubicki 300 Water Street Whitby, Ontario L 1 N 9L2 Mr. John E. Waters 1882 Bloor Street East Bowmanville, Ontario L 1C 3K3 Mr. W. G. Paterson 1909 Bloor Street East Bowmanville, Ontario L 1 C 3K3 665 , .' ATTACHME~IT 1 Revised December 18, 2002 TERMS OF REFERENCE CLARINGTON HIGHWAY 407 COMMUNITY ADVISORY COMMITTEE Backaround The Ontario Ministry of Transportation has initiated the Environmental Assessment study for the Highway 407 East Completion. The highway extension is proposed to start at the current terminus at Brock Road in Pickering and run eastward to connect with Highway 35/115 in Clarington. The section of Highway 407 through Clarington will be approximately 25 kms. As well, a 10 km north-south highway to connect Highway 407 with Highway 401 is also proposed in the vicinity of Solina Road. Due to the scale of the project through Clarington, the Highway 407 extension has the potential to significantly affect the entire community. In order to facilitate public input on the project, Clarington Council is establishing a Community Advisory Committee for the Highway 407 East Extension. Mandate The Clarington Highway 407 Community Advisory Committee (CAe) will provide advice to Clarington Council, from a community perspective, regarding the need and justification for the highway, the proposed Terms of Reference, and the environmental, social, cultural and economic issues associated with the proposed highway. Scope of Activities The Community Advisory Committee, in fulfilling its mandate, is to provide advice to Council and communicate information back to their respective stakeholder groups, where appropriate. The Committee will review information associated with the proposed highway and provide strategic advice to Council on these matters. While individual members of the CAC may represent various interest groups, the opinions and positions taken by the members and the CAC are not binding, in whole or in part, on either Clarington Councilor the groups they represent. 666 Membership The Community Advisory is a volunteer Committee consisting of approximately 10 citizen members. Council shall seek to appoint members representing a variety of interests from across the Municipality, including, but not limited to: . residents within the study area . agriculture · industry and business . social/cultural environment . natural environment. Members may represent a specific committee or group. In particular, the following groups will be invited to nominate members to sit on the CAC: · Clarington Board of Trade - one member from a local BIA and one industry representative . Clarington Agricultural Advisory Committee - 1 member . LACAC - 1 member. One member of Council shall also be appointed to sit on the Committee. Staff representatives from both the Planning Services Department and the Engineering Services Department shall sit on the Committee as non-voting members. In addition, the Committee may recommend to Council that Durham Region staff, Conservation Authority staff and staff of other municipalities be invited to attend as non-voting members. Members appointed to sit on the Committee must be willing to commit the time required to understand and evaluate the information provided, as well as be open-minded 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 Council representative shall sit as the interim chair. 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. 66/ . If an individual member is unable to attend a meeting, he/she may request permission from the Chair to send an alternate, at least 24 hours in advance of the meeting. The Chair shall advise the Clerk of any member who is absent for three consecutive meetings, 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. Technical Support Municipal staff will provide clerical, administrative and technical assistance to the Committee. Staff and consultants, including consultants hired by the Ministry of Transportation, will share technical information and assist in the interpretation of this material. MeetinCls 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 Municipal Staff. A majority of voting members (6) shall constitute a quorum. Recommendations and decisions reached by the CAC will be based on consensus, wherever possible. In the event that a consensus cannot be reached and there are divergent opinions on issues, formal votes may be called by the Chair, with each member having one vote. Decisions will be carried by a majority of the members present. All members of the Committee will be eligible to participate in discussions related to the project. However, any member who would be directly affected by a specific issue related to the project shall refrain from voting on a motion directly related to that issue. Individual members of the Committee shall be responsible for determining whether they have a conflict of interest with respect to any issue. 668 ReportinQ to Council The Community Advisory group 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; · All recommendations from the Committee shall be submitted to the Clerk for inclusion in the Council agenda for direction; · The Committee Chair will submit reports to Council prior to key decisions being made by Council on the proposed highway. Term of the Committee The term of the Committee shall coincide with the term of Council. The Committee will disband upon completion of the Environmental Assessment for the Highway 407 East Completion or at such other time as Council may determine. 669 . ATTACHME~IT 2 I DELEGATION TO CLARINGTON COUNCIL DECEMBER 9.2002 Re: Reoort PSD-128-02 - ffie:hwav 407: CAC and Transoortation Consultant Assistance Good Evening Mr. Mayor, Members of Council. Ladies and Gentlemen: I speak. to you tonight in general support of the recommendations in the staff report. However, I respectfully request that Council consider a few minor amendments to the staff recommendations and the CAC Tenns of Reference. Community Advisory Committee Given the scale of the 407 project, its long history and the large number of potential impacts, it is highly likely that anyone attracted to the CAC will have an opinion on 407. You need people on that committee with opinions and the hope is that when having access to the facts, members' opinions will become more focused and refined. While it is sometimes difficult to distinguish between someone having an "opinion" and someone having an "agenda", I think that membership from as broad a cross-section of community interests as possible should be encouraged. A conflict of interest clause would allow for potentially impacted committee members to participate in the general discussions around an issue, but refrain from voting on any particular aspect of the matter involving them. I believe you should increase the number of members to around fifteen from the cmrently proposed ten. This will still be a smaller than the CAC struck to advise MTO, which will likely have 17 to 18 members. If you start with a larger committee, not only do you capture more diverse community views, you have a better chance of getting a large enough core group that can be maintained throughout the life of the committee. Council has to be prepared for some attrition. It will be difficult to appoint member replacements due to the type of process - i.e. large volumes of complex technical information need to be absorbed within a short time due to the time lines of the EA process. Regular attendance at meetings should be a key requirement because each subsequent meeting will build on information provided and debated at the previous meetings, I suggest that a clause be added that if a committee member misses Linda Gasser P.O. Box 399, Orono Onto LOB IMO Tel: (905) 983-5249 E-Mail: lagasser@netrover.coUl 670 ." . 2 more than three consecutive meetings without a valid reason, that the organi7Ation that nominated them suggest a replacement. If the absentee member has been appointed at large, consideration will have to be given as to whether or not it would make sense to appoint a new person at that stage of the process. The Terms of Reference suggest that two members of the Clarington Board of Trade be invited to sit on the CAC. I think that when more than one representative of any particular organization is appointed, the dynamics of the committee are altered because that organization has a greater opportunity to dominate the discussion and shape the recorrnnendations of the committee. I suggest that no organization should have more than one representative on the committee. My suggestion is that one Clarington Board of Trade member be invited and that one member of one of the BIAs or any other business organization be invited to sit on the CAe; This still gives the business corrnnmrity the same amount of representation in total, but allows for two different business views to be brought to the committee - e.g. urban and rural business perspectives, small and larger etc. An independent facilitator, rather than a chair, is worthy of Council consideration in that unlike a chair that is elected by committee members, who participates in discussion and votes on issues, a facilitator is independent of the committee and removed from membership duties. He/she can really concentrate on the process issues to ensure that the committee fulfils its mandate. This is the process used by the MTO CAC. There is a cost attached to this option but it may well be worth it in the long nm. Recommendations: 1. Increase CAC membership to 15 community members plus Council and staff liaison members v 2. Insert a Conflict of Interest clause ./ 3. Insert clause that missing three consecutive meetings without valid reason results in member being replaced. *'" 4. Limit each organization/group to one member on CAe. 5. Consider hiring independent facilitator rather than having committee elect a chair from within. Linda Gasser P.O. Box 399, Orono Onto LOB IMO Tel: (905) 983-5249 E-Mail: lagasser@netrover.com 671 . or 3 , Transportation Consultant It is of the utmost importance that as a minimum, a transportation consultant should review the Needs Planning Report as well as the draft Tenns of Reference. It is at the Needs stage that issues must be identified. queried and addressed, with issues emanating from the Needs document incorporated into any municipal position and comments to the draft Tenns of Reference. From what I understand. we may not be getting one neat and tidy Needs Planning Report. Rather, previous studies will be updated where MTO felt that was required. It may be that a lot of previously released material will need to be evaluated in addition to the Needs Planning Report and there will be very little time to do it in. A consultant with transportation expertise can assist staff in interpreting the huge volumes of information and assist them and Council in crafting a coherent response reflecting what will likely be a number of municipal concerns. Once the Minister of Environment approves the Tenns of Reference, the transportation consultant may be required only occasionally until the finalEA report is produced. At that stage, prior to the final EA report being submitted for approval to the Minister of Environment, municipal comments should be provided to identifY any concerns with that document and how it expresses what was identified in the Tenns of Reference. I cannot think. of a project that has the potential to impact Clarington more than Highway 407 does. As your planning staffhave advised you, waiting for the annual budget process will be too late to deal with the most important phases of the EA process, the phases at which a municipal response can have the most impact A consultant can help you flag fiscal impacts in addition to other impacts so the payback in that area alone can be huge and prepare you for future budget processes. Notwithstanding that there seems to be no provincial process for intervener funding, as per my communication with MTO today, it is imperative that CmUlcil take all possible steps to inform themselves of potential impacts to Clarington and identifY options for addressing these. Linda Gasser P.O. Box 399, Orono Ont. LOB IMO Tel: (905) 983-5249 E-Mail: Iagasser@netrover.com 672 ~- .- .)~' ~.. 4 Please take this opportunity to be properly prepared to address the huge number of complex issues with the assistance of an experienced transportation consultant. It is prudent that we address issues around this project from the position of having the facts. We cannot afford not to do this. Recommendations: 1. Don't wait until budget process - please proceed forthwith and identify a source of funds for the consultant. 2. Engage transportation consultant to review the Needs Planning Reports as well as draft Terms of Reference. Thank you for your attention. Linda Gasser P.O. Box 399, Orono Ont. LOB IMO Tel: (905) 983-5249 E-Mail: Jagasser@netrover.com 673