Main Treatment Plant - Environmental Assessment

Mediation Process (Wards 25 and 26)

The Works and Utilities Committee recommends the adoption of the following report (February 4, 1999) from the Commissioner of Works and Emergency Services:

Purpose:

This report provides an update on the status of the Main Treatment Plant Environmental Assessment Mediation Process.

Funding Sources, Financial Implications and Impact Statement:

Funds for the mediator, Stephen Garrod, from the firm of Turkstra Mazza, in the amount of $48,000.00, are available in the approved Capital Works Program, Account No. WP160-S20374.

Recommendation:

It is recommended that authority be granted to extend the Main Treatment Plant Environmental Assessment (MTP EA) Mediation until March 12, 1999, and to increase the cost of mediation from $20,000.00 to $48,000.00 net G.S.T. rebate.

Council Reference/Background/History:

Clause No. 2 of Report No. 11 of The Works and Utilities Committee, adopted by City Council on December 16 and 17, 1998, approved the engagement of a mediator for the MTP EA, and requested that the mediation report be sent to the Minister of the Environment no later than February 26, 1999. The mediation is attempting to resolve issues raised by nine parties who have made submissions to the Minister of the Environment regarding the MTP EA.

Comments and/or Discussion and/or Justification:

As was stated in our previous report, the Department has engaged in the mediation process in order that we may arrive at a satisfactory level of agreement and/or understanding between the City and each party that has made a submission to the Minister, regarding outstanding issues related to the MTP EA document.

A third party mediator, Stephen Garrod, from the firm of Turkstra Mazza Associates, Lawyers, was engaged in December 1998. An initial meeting was held in December 1998 to allow all parties to outline their positions and to establish a schedule of meetings.

Since the first week in January, all parties have been meeting a minimum of two days a week. These meetings are all-day meetings and some extend into the evening.

Good progress is being made on the issues, however, it is felt that in order to address all the issues, a further two weeks would be of benefit. This would extend the period of reporting from February6,1999, to March 12, 1999. The level of effort to achieve this progress has also been greater than anticipated. The process has involved a greater number of meetings than originally planned.

As previously stated, the goal of the mediation process to resolve and/or reduce the number of outstanding issues will result in a quicker Minister review, and as well can avoid the need for a hearing.

Conclusions:

The mediation process for the MTP EA provides an opportunity to resolve issues with the nine parties that have made submissions to the Minister of the Environment. While all issues may not be resolved, the undertaking will significantly reduce the number of outstanding issues, which will assist the Ministry in their review of the MTP EA document and could remove the need for a hearing or greatly reduce the scope on any hearing.

Given the progress that we have experienced in the current mediation, we would recommend a further two-week extension to allow us to resolve as many issues as possible.

Contact Name:

Mr. R. M. Pickett, Director, Water Pollution Control

Telephone: (416) 392-8230; Fax: (416) 397-0908

e-mail: bob_pickett@metrodesk.metrotor.on.ca.