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HomeMy WebLinkAboutINS-13-016 - Environmental Assessment Protocols REPORT TO:Community & Infrastructure Services Committee DATE OF MEETING: March 18, 2013 SUBMITTED BY: Jim Witmer, Interim Deputy CAO Infrastructure Services, 519-741-2600 ext. 4657 PREPARED BY: Barbara Robinson, Director of Engineering, 519-741-2200 ext. 7410 WARD(S) INVOLVED: All DATE OF REPORT: March 11, 2013 REPORT NO.: INS-13-016 SUBJECT: Proposed Protocol for Involving City of Kitchener Council in Class Environmental Assessments (EAs) RECOMMENDATION: That the proposed Protocol for Involving City of Kitchener Council in Class Environmental Assessments (EAs) as outlined in Staff Report INS-13-016 be approved. BACKGROUND: The City of Kitchener Engineering Division undertakes a number of EAs each year. These EAs are completed by staff, or by an outside consultant under staff direction. Currently, members of Council typically participate in the EA process by attending public meetings in their Wards, which are scheduled to accommodate the Councillor where possible. Staff has been asked to review where Council involvement can provide the most meaningful impact on the EA process. The proposed approach is similar to current processes at the Region of Waterloo, the City of Waterloo and other municipalities (see Appendix A). REPORT: The intended benefit of the involvement of elected officials is to make a significant, positive impact on the successful outcome of these projects. The risk of involving elected officials in the process is the potential for misunderstanding roles; Council’s role can only be advisory, and not technical in nature. Proposed Approach: Each year following budget approval, a Report of all EAs to be initiated in the following year will be developed. 3 - 1 EAs which may benefit from political representation, typically projects which may have high public interest and/or significant implications for the City, will be flagged, and proposed level of Council involvement will be indicated. The Report will be circulated to a Standing Committee of Council for consideration and Councillor assignments will be determined by Council themselves. The level of Council and Councillor involvement in projects should be relative to the complexity, impact and public interest in the outcomes of the EAs. 1 EA ScheduleProposed Council Involvement Type of Involvement Routine , generally affects Ward Councillor included on all Informational; general only local area, no public correspondence and PICs guidance/assistance in significant implications engaging public Typically Schedule A, A+ or B Complex , may affect One Councillor to sit on Steering Informational; general 2 more than the local ward, Committeeguidance/assistance in is anticipated to have engaging public Decision on EA by Council moderate impact on Resolution Assist in setting broad community direction Typically Schedule B or C Very Complex , will affect One or two Councillors to sit on Informational; general 2 the whole community and Steering Committeeguidance/assistance in is anticipated to have engaging public Additional Council involvement to significant impact on be determined at project outset Assist in setting broad community via the Project Charter.direction Involvement in establishing Project specific as Typically Schedule C or evaluation criteria may be identified in Project Individual EA included Charter Information updates are brought to Council as required Decision on EA by Council Resolution Note 1: Sample EA Project Schedules Schedule A/A+:Full Reconstruction projects, e.g. Queen Street, Hall’s Lane, Mill Street Traffic Calming projects Schedule B: Projects with historical/cultural significance (Huron Road Bridge over Schneider Creek) Most creek rehabilitation (Schneider Creek, Wards/Brigadoon ponds, Victoria Park Lake) Storm Pond retrofits (Huron Business Park ponds) New sanitary pumping stations or increasing capacity (Homer Watson Pumping station) Schedule C:New road (Strasburg Road Extension) Note 2: Steering Committee A Steering Committee is an advisory committee usually made up of high level stakeholders and/or experts who provide guidance on key issues such as policy, objectives, budget, communications strategy, resource allocation, and decisions involving large expenditures. It is not specifically defined in the MEA EA document. 3 - 2 It is proposed that this Protocol take effect formally following budget approval in January 2014. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: This direction is in alignment with our Strategic Plan Principle of Leadership and Community Engagement (promote informed decisions that last). This improvement in our EA Protocols will directly meet the City’s Community Engagement Strategy (inform, collaborate, consult, entrust). The community will directly observe the increased input by members of Council as we interact at PICs and other public processes. FINANCIAL IMPLICATIONS: There may be financial implications to involving Council members on EAs, with a potential increase in upfront study costs for Complex and Very Complex projects (consultant or internal staff). If Councillor involvement is maintained as advisory, financial implications will be minimized. COMMUNITY ENGAGEMENT: None required. ACKNOWLEDGED BY: Jim Witmer, Interim Deputy C.A.O. Infrastructure Services Department 3 - 3 Appendix A Summary of Area Municipality Approaches Region of Waterloo Regional Councillors and also Councillors from the Area Municipality are involved in Region of Waterloo EAs (sometimes more than one municipality). Early every year, a Council report is prepared by the Commissioner of Environmental & Transportation Services assigning Councillors to projects. Normally, the Project Managers and Managers prepare a list recommending the number of Councillors from the Region and the involved Area Municipality for each project (normally 1 or 2 Regional, and 1 for each Area Municipality involved). Council then assigns the Regional Councillors to each project, and the Clerks Department contacts the Area Municipalities asking for their input. The Project Managers for each project contact their assigned Councillors to explain the project and discuss their involvement. Councillor involvement is normally through Steering Committees, which generally meet quarterly or at project milestones to overview the project and give feedback to the team. If a Region Class EA study is being implemented through an engineering consultant rather than by in-house staff, Region staff also invite those Councillors (on the Project Team/Steering Committee for the Region’s Class EA studies) to participate in the consultant selection process for projects involving Class EA’s. City of Waterloo For Projects that have or require increased public awareness or input (but not all projects), a Project Task Force is set up. Where one of these has been set up usually there is at least one Council member assigned by Council. The process for establishing, engaging and approval of task force/advisory committees is run entirely through the Clerks Department. If a new Committee, Task Force or Special project committee is being struck usually the relevant department works with the Clerk’s department in drafting the Terms of Reference. Then the Terms of Reference will go to Council in the form of a staff report prior to beginning recruitment. City of Cambridge In Cambridge, the involvement of Councillors in EAs typically depends on the scope and potential controversy of the project. If the project is a straightforward road reconstruction (Schedule A project), the ward Councillor is invited to the PIC. If it is a more involved Schedule B or C project or an environmentally/culturally significant project, then the Ward Councillor is invited to join the project team. The justification for this approach is that the politicians hear both sides (technical and residential) right from the beginning. Sometimes it works in staff’s favour; however, at other times, there is political pressure to promote options that may not be preferred from a technical perspective. 3 - 4