1 PREVIOUS REPORTS PERTINENT TO THIS MATTER

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1 1 TO: CHAIR AND MEMBERS ENVIRONMENT AND TRANSPORTATION COMMITTEE MEETING ON MAY IO, 2010 FROM: SUBJECT: I JAY STANFORD. M.A.. M.P.A. DIRECTOR, ENVIRONMENTAL-PROGRAMS SOLID WASTE UPDATES TO W12A LANDFILL SITE COMMUNITY ENHANCEMENT AND MITIGATIVE MEASURES PROGRAM!I That, on the recommendation of the Director of Environmental Programs & Solid Waste the attached proposed By-law (Appendix A) BE INTRODUCED at the Municipal Council meeting of May 17, 2010 to amend the W12A Landfill Site Community Enhancement and Mitigative Measures Program. 1 PREVIOUS REPORTS PERTINENT TO THIS MATTER Relevant reports that can be found at under City Hall (Meetings) include: W12A Landfill Community Enhancement and Mitigative Measures Program, Environment & Transportation Committee (ETC) Meeting on May 11,2009, Agenda Item #I2 W12A Landfill Community Enhancement and Mitigative Measures Program, ETC Meeting on January 12,2009, Agenda Item #I5 Draft W12A Landfill Community Enhancement and Mitigative Measures Program, ETC Meeting on November 10,2008, Agenda Item #3. Update on the Long Term Contribution Strategy for the Sanitary Landfill Reserve Fund, ETC Meeting on December 10, 2007, Agenda Item #IO. Voluntary Property Acquisition Plan, Draft Guiding Principles for a W12A Community Mitigative Measures & Compensation Policy, ETC Meeting on September 11, 2006, Agenda Item #5. Draft Guiding Principles for a W12A Community Mitigative Measures & Compensation Policy, Environment and Transportation Committee (ETC) Meeting on June 19, 2006, Agenda Item #I. P BACKGROUND I1 PURPOSE & REPORT HIGHLIGHTS: The purpose of this report is to seek approval to update the W12A Landfill Site Community Enhancement and Mitigative Measures Program to reflect changes to property ownership around the W12A Landfill. This list is updated on an annual basis. The list reflects properties eligible to have the City offer to purchase a right of first refusal on the sale on the property and the properties eligible for the Property Value Protection Plan. Three properties that were eligible for the Program have or will change ownership. One of these properties changed ownership as a result of an estate sale and therefore it is recommended that this property continue to be eligible for right of first refusal on the sale of the property and the Property Value Protection Plan. The other two properties will be removed from the program. One property was sold privately and the purchase of the third property by the City closes in June CONTEXT: The Community Enhancement and Mitigative Measures Program is part of the City s overall efforts to reduce or address the negative effects of the landfill on the local community around the landfill. The majority of new and expanded landfills in Ontario have a mixture of mitigative measures, community enhancement and/or compensation programs. Development of the Community Enhancement and Mitigative Measures Program for the City of London was completed through a comprehensive process that included reviewing comparable programs in other

2 2 municipalities and providing the local community with several opportunities to comment on what should be included in the program. DISCUSSION: The Community Enhancement and Mitigative Measures Program requires the list of properties eligible to have the City offer to purchase a "right of first refusal on the sale" on the property and the properties eligible for the Property Value Protection Plan be updated on an annual basis noting: and Persons who purchased their residential or agriculture property after August 31, 2006 would have bought this property knowing about the landfill's continued existence and therefore are not eligible for property value protection. The City will offer to purchase a "right of first refusal on the sale" on these properties on a case by case basis and determine solely by the city. The Property Value Protection Plan will apply to the sales by the estate of a deceased owner who would have been eligible if they were still alive. Subsequent owners who acquire the land by inheritance from an eligible owner are eligible. The attached By-law updates the schedules and maps of eligible properties that the City will offer to purchase a "right of first refusal on the sale" on the properties and the properties eligible for the Property Value Protection Plan. All properties purchased after August 31, 2006 have been excluded from the list of eligible property except for 4248 Glanworth Drive. This property was an estate property on August 31, 2006 and ownership has since been transferred to immediate relatives who were living at the property on August 31, PREPARED BY: I RECOMMENDED~Y: II ll WESLEY ABBOTT, P. ENG. DIVISION MANAGER I SOLID WASTE MANAGEMENT y:khared\solwaste\etc-boc reports\rep03011o~cemrnp updakdoc 1 JAY~FORD, M.A., M.P.A. DIRECTOR, ENVIRONMENTAL PROGRAMS 8 1 SOLID WASTE MANAGEMENT Appendix A -A By-law to amend the W12A Landfill Site Community Enhancement and Mitigative Measures Program. c: Pat McNally, P.Eng., General Manager of Environmental & Engineering Services & City Engineer

3 Agenda Item # Page # 3 APPENDIX A Bill No By-law No. A By-law to amend By-law No. A entitled A By-law respecting the approval of the W12A Landfill Site Community Enhancement and Mitigative Measures Program. WHEREAS section 5(3) of the Municipal Act, 2001 S.O. 2001, c.25, as amended, provides that a municipal power shall be exercised by by-law; NOW THEREFORE the Council of The Corporation of the City of London enacts as follows: 1. By-law No. A is amended by deleting Map 1 - Properties Eligible for Right of First Refusal Payments, Map 2 - Properties Eligible for Property Value Protection Plan, Schedule 1 - Properties Eligible for Right of First Refusal Payments, and Schedule 2 - Properties Eligible for Property Value Protection Plan, all contained in Appendix B of Schedule A to By-law No. A , and replacing them respectively with the attached Map 1 - Properties Eligible for Right of First Refusal Payments, Map 2 - Properties Eligible for Property Value Protection Plan, Schedule 1 - Properties Eligible for Right of First Refusal Payments, and Schedule 2 - Properties Eligible for Property Value Protection Plan. 2. This by-law shall come into force and effect on the day it is passed PASSED in Open Council on,2010 Anne Marie DeCicco-Best Mayor First reading - Second reading - Third reading Catharine Saunders City Clerk

4 Aqenda Item # Paue # 4 Map 1 - Properties Eligible for Right of First Refusal Payments

5 Agenda Item # Page # 5 Map 2 - Properties Eligible for Property Value Protection Plan

6 6 Schedule 1 : Properties Eli ibli Category.Category 1 (Property with residential dwelling partially or wholly within 0 to 500 metres of the W12A Landfill's property boundary) Category 2 (Property with residential dwelling partially or wholly within 501 to 1,000 metres of the W12A Landfill's property boundary) Category 3 Residential or Agricultural Property with a residential dwelling partially or wholly within 1,001 to 1,500 metres of the W12A Landfill's property boundary or Agricultural property partially or wholly within 0 to 1,000 metres of the W12A Landfill's property boundary or Residential or AgriculGral Property within the block of land bounded by White Oak Road, Manning Drive, Scotland Drive and Wellingtor Road )r "Right of First I Roll Number 'usal" Payments Municipal Address 3405 Scotland Dr 3502 Scotland Dr 3713 Scotland Dr 5435 White Oak Rd 4067 Scotland Dr 5725 White Oak Rd 5861 White Oak Rd Manning Dr 3691 Manning Dr 3243 Manning Dr 4200 Scotland Dr 4233 Scotland Dr 6523 Christ Church Lane 3388 Glanworth Dr 3452 Glanworth Dr 3674 Glanworth Dr 3744 Glanworth Dr 3735 Glanworth Dr 3830 Glanworth Drive 4059 Glanworth Dr 4100 Glanworth Dr 4248 Glanworth Dr 4260 Glanworth Dr 4267 Manning Dr 4412 Manning Dr 5801 White Oak Rd 6602 White Oak Rd 4451 Scotland Dr 4391 Scotland Dr 4436 Scotland Dr 4348 McDougall Close 4342 McDougall Close 5751 Wellington Rd S 5529 Wellington Rd S 5595 Wellington Rd S Wellington Rd S 5879 Wellington Rd S 4261 Scotland Dr 4166 Scotland Dr 3583 Westminster Dr 3513 Westminster Dr 3483 Westminster Dr 3703 Westminster Dr Con 7 S Pt Lot Glanworth Dr 3476 Glanworth Dr Wellington Rd I Glanworth Drive 6602 Glanworth Dr 3703 Westminster Dr Westminster D 4371 Glanworth Dr Glanworth Dr 6620 Wellington Rd S 6421 Wellington Rd S 6597 Wellington Rd S

7 ~~ Agenda Item # Page # 7 Schedule 2: Properties Eligible for Property Value Protection Plan Category Roll Number Property Wellington Road S Wellington Rd S Wellington Road S Scotland Drive Scotland Drive Scotland Drive Scotland Drive Scotland Drive Scotland Drive Scotland Drive Scotland Drive Wellington Road S Wellington Road S Wellington Road S Wellington Road S White Oak Road Property Value Manning Drive Protection Plan Manning Drive /4069 Manning Drive Manning Drive Manning Drive Glanworth Drive Glanworth Drive Glanworth Drive Glanworth Drive Glanworth Drive Glanworth Drive Glanworth Drive White Oak Road White Oak Road White Oak Road Westminster Drive Westminster Drive Westminster Drive Con 7 S Pt. Lot Glanworth Drive Glanworth Drive Property Value Protectior White Oak Road Plan dependent on Visua Glanworth Drive Impact Assessment Manning Drive Glanworth Drive