INDEX TO
AUTHORITY MEETING #6/10
Friday, July 23, 2010
MINUTES Minutes of Meeting #5/10, held on June 25, 2010 399
PRESENTATIONS Gusche, Michael, Project Manager, City of Mississauga re: Greater Toronto Airports Authority Etobicoke Creek Trail Link 399 Gee, Jon, Senior Manager, Environment Canada, Deferred re: Toronto and Region Remedial Action Plan 399
CORRESPONDENCE McDowell, Madeleine, Toronto re: Receipt of Honour Roll Award 399
ETOBICOKE AND MIMICO CREEKS TRAIL EXTENSION AND ASSOCIATED PERMEABLE PARKING LOT/STAGING AREA DEMONSTRATION PROJECT 401
TORONTO AND REGION REMEDIAL ACTION PLAN 406
CONSERVATION AUTHORITIES PLAN REVIEW AND PERMITTING ACTIVITIES Policies and Procedures, EBR Registry Number: 010-8243 409
THE LIVING CITY REPORT CARD 413
DENSITY BONUS PROGRAM STATUS REPORT Town of Caledon (formerly Albion Township) 417
WILKET CREEK CHANNEL WITHIN WILKET CREEK PARK Rehabilitation Study and Geomorphic Systems and Habitat Study 419
EAST DON TRAIL (CHARLES SAURIOL RESERVE) Pedestrian Footbridge and Overhead Protective Canopy Structures 422
SUPPLY OF RENTAL RATES FOR OPERATED HEAVY CONSTRUCTION EQUIPMENT AND DUMP TRUCKS 426 14th AVENUE SOUND AND VISUAL ATTENUATION LANDFORM 427
PORT UNION WATERFRONT IMPROVEMENT PROJECT (PHASE 2) Tender RSD10-22 429
GREENLANDS ACQUISITION PROJECT FOR 2006-2010 Flood Plain and Conservation Component, Humber River Watershed Solmar Development Corporation 430
FRENCHMAN'S BAY - WEST ROUGE CANOE CLUB Licence Agreement Extension 433
GROWING DURHAM 435
LOWER DON SPECIAL POLICY AREA Modifications to Special Policy Area Boundaries and Floodplain Management Policy Framework on Lands South of Keating Channel 449
LOWER DON SPECIAL POLICY AREA Modifications to Special Policy Area Boundaries on Lands North of Keating Channel 456 GREENLANDS ACQUISITION PROJECT FOR 2006-2010 Flood Plain and Conservation Component, Mimico Creek Watershed 1672500 Ontario Limited 460
CITY OF TORONTO Request for a Permanent Easement for Two Storm Sewer Outlets 460
REQUEST FOR DISPOSAL OF TORONTO AND REGION CONSERVATION AUTHORITY LAND North of King Street East, east of Old King Road (rear of 269 King Street East - Bolton) 462 ASSOCIATION OF MUNICIPALITIES OF ONTARIO POSITION PAPER Joint and Several Liability 462
SOLARCITY TECHNOLOGY ASSESSMENT PARTNERSHIP 463
ONTARIO MUNICIPAL BOARD HEARING 35 Don River Boulevard, City of Toronto 463
SUMMARY OF REQUESTS FOR QUOTATIONS AND REQUESTS FOR PROPOSALS January 1, 2010 to June 30, 2010 463
WATERSHED COMMITTEE MINUTES Don Watershed Regeneration Council Minutes of Meeting #3/10, held on May 13, 2010 474 Minutes of Meeting #4/10, held on June 10, 2010 474 Humber Watershed Alliance Minutes of Meeting #2/10, held on June 15, 2010 474 GREENLANDS ACQUISITION PROJECT FOR 2006-2010 Flood Plain and Conservation Component, Mimico Creek Watershed Purchase of Land - Toronto District School Board 474
LOWEST BID NOT ACCEPTED Fish Food, Glen Haffy Conservation Area 474
LOWEST BID NOT ACCEPTED Vault Toilet and Building Septic Tank Pumping 474
ONTARIO REGULATION 166/06 474 117 Colonel Danforth Trail 475
ENCROACHMENTS Draft Discussion Paper 475 MEETING OF THE AUTHORITY #6/10 July 23, 2010
The Authority Meeting #6/10, was held in the South Theatre, Black Creek Pioneer Village, on Friday, July 23, 2010. The Chair Gerri Lynn O'Connor, called the meeting to order at 9:47 a.m.
PRESENT Maria Augimeri Vice Chair David Barrow Member Bryan Bertie Member Laurie Bruce Member Mike Del Grande Member Pamela Gough Member Suzan Hall Member Jack Heath Member Colleen Jordan Member Peter Milczyn Member Ron Moeser Member Gerri Lynn O'Connor Chair Linda Pabst Member John Parker Member Anthony Perruzza Member John Sprovieri Member Richard Whitehead Member
ABSENT Eve Adams Member Paul Ainslie Member Gay Cowbourne Member Glenn De Baeremaeker Member Bill Fisch Member Grant Gibson Member Lois Griffin Member Bonnie Littley Member Glenn Mason Member Maja Prentice Gino Rosati Member
398 RES.#A115/10 - MINUTES
Moved by: Pamela Gough Seconded by: Maria Augimeri
THAT the Minutes of Meeting #5/10, held on June 25, 2010, be approved. CARRIED ______
PRESENTATIONS
(a) A presentation by Michael Gusche, Project Manager, City of Mississauga, in regard to the Greater Toronto Airports Authority Etobicoke Creek Trail Link.
(b) A presentation by Jon Gee, Senior Manager, Environment Canada, in regard to item AUTH7.2 - Toronto and Region Remedial Action Plan..
RES.#A116/10 - PRESENTATIONS
Moved by: Linda Pabst Seconded by: David Barrow
THAT above-noted presentation (b) be deferred. CARRIED ______
CORRESPONDENCE
(a) A letter dated July 20, 2010 from Madeleine McDowell, Toronto, in regard to receipt of Honour Roll Award.
RES.#A117/10 - CORRESPONDENCE
Moved by: David Barrow Seconded by: Ron Moeser
THAT above-noted correspondence (a) be received. CARRIED
399 CORRESPONDENCE (A)
July 20th, 2010 Gerri Lynn O'Connor Chair Toronto and Region Conservation Authority 5 Shoreham Drive Toronto
Dear Chair O'Connor
I was truly touched by Lois Griffin's words and by the Honour Roll Award on June 25th.
My sincere thanks for the little Red Oak that will inhabit Bruce's Mill Donation Forest.
All best wishes,
ORIGINAL SIGNED BY
Madeleine McDowell
400 SECTION I - ITEMS FOR AUTHORITY ACTION
RES.#A118/10 - ETOBICOKE AND MIMICO CREEKS TRAIL EXTENSION AND ASSOCIATED PERMEABLE PARKING LOT/STAGING AREA DEMONSTRATION PROJECT Update on approximately 12 kilometres of public use trail extension projects in the Etobicoke and Mimico creeks watersheds and associated permeable parking lot/staging area demonstration site at the Lester B. Pearson International Airport lands.
Moved by: Suzan Hall Seconded by: Maria Augimeri
THAT the presentation by Michael Gusche, Project Manager, City of Mississauga on the Greater Toronto Airports Authority Etobicoke Creek trail link be received;
THAT the Greater Toronto Airports Authority, cities of Toronto, Mississauga, Brampton and Region of Peel, be thanked for their contribution towards Etobicoke and Mimico creeks trail development and associated valley land restoration;
THAT the Etobicoke-Mimico Watersheds Coalition and respective project teams be recognized for their assistance and support in advocating for and implementing trail connection projects throughout the Etobicoke and Mimico creeks watersheds;
AND FURTHER THAT members of the Authority be invited to attend the official opening of the Greater Toronto Airports Authority trail link and permeable parking lot in the fall of 2010. CARRIED BACKGROUND A network of well connected trails has been identified as an important public open space requirement in "Turning Over a New Leaf: The Etobicoke and Mimico Creeks Watershed Report Card 2006". The table below represents the status of trails as reported in the 2006 watershed report card:
Watershed Length of Percentage of Desired Trail Existing Trails Network in Place Etobicoke 127 km 66% approximately Mimico 64 km 66% approximately
Since the release of the report card, significant progress has been made towards the development of a well connected trails network in both the Etobicoke and Mimico creeks watersheds. Approximately 12 kilometres of trail extension along the Etobicoke Creek and Mimico Creek is scheduled to be completed over the next several years with support from local municipalities, businesses, community groups and Toronto and Region Conservation Authority (TRCA). Trail specifications and use for each link is determined in consultation with municipal staff based on opportunities and constraints. Discussed below are the various new trail enhancement projects scheduled to be completed between 2010 to 2012, but does not represent trail repair or maintenance projects currently undertaken by municipalities. 401 Status of Other Trail Links The trail connection projects are currently being developed in partnership with municipalities. Where funding has been approved, staff is proceeding with design and approvals. Appropriate third-party agreements for trail easements will be negotiated through municipalities, as required. Provided below is a brief progress update on each project:
1. West Etobicoke/Greater Toronto Airports Authority Trail (7.0 km from Matheson Boulevard East to Drew Road, Mississauga, Etobicoke Creek watershed)
This project is being delivered by the City of Mississauga in partnership with the Greater Toronto Airports Authority (GTAA), Region of Peel, Partners in Project Green: A Pearson Eco-Business Zone and TRCA. TRCA has endorsed the City’s trail design and has agreed to manage the planning and construction for a portion of the trail which will also include habitat and restoration work as well as interpretive signage through Edward Scarlet Park. The current development phase of the Etobicoke Creek trail within the City of Mississauga is approximately 7.0 kilometres long (from Matheson Boulevard East through the western boundary of Lester B. Pearson International Airport (LBPIA) to Mount Charles Park). GTAA has approved the proposed trail through LBPIA lands and is also partnering with the City of Mississauga and TRCA to develop a permeable parking lot and staging area as a pilot project within the Pearson Eco-Business Zone.
2. Sherway Trail (0.7 km from QEW to Sherway Drive, Toronto, Etobicoke Creek watershed)
This section of the trail will establish a trail link between the City of Toronto and City of Mississauga. The project is being delivered through a partnership between the City of Toronto, TRCA and the Sherway Trail Project Team (a working group of the Etobicoke-Mimico Watersheds Coalition). The funding for this trail link has been made available through the City of Toronto, Section 37 development contribution. TRCA staff will manage the planning and construction of this project which will also include habitat and restoration work as well as interpretive signage. Trail design has been completed and approved by both City of Toronto and TRCA. All necessary permits are being obtained including finalization of an access agreement with the Ministry of Transportation. Construction is tentatively scheduled to begin in the Fall/Winter of 2010.
402 3. South Mimico Trail (0.8 km from Lakeshore to QEW, Toronto, Mimico Creek watershed)
This section of the trail established an important connection from the waterfront trail at Humber Bay Park to South Mimico neighbourhoods along Mimico Creek. TRCA and City of Toronto staff are working in partnership to secure lands and funding through new development projects along Park Lawn Road. TRCA staff is also working with Toronto Water to coordinate construction activities through the Bonar Creek Stormwater Management Pond project. The concept design and trail alignment has been completed and approved by both City of Toronto and TRCA. We are currently in the process of developing the designs for two pedestrian crossings over Mimico Creek. Agreements have also been negotiated with developers to incorporate pedestrian trail links and restoration along Mimico Creek through development review. Construction is tentatively scheduled to begin in 2011.
4. Kennedy Valley Trail and Restoration (2.0 km from Drew Road to Hwy 410, Brampton, Etobicoke Creek watershed)
This trail link establishes a gateway to Brampton at Drew Road, where the trail connects with the Etobicoke Creek Trail in Mississauga. The project is being delivered through a partnership between the City of Brampton, Region of Peel and TRCA. Funding for this project has been made available through the City of Brampton (trail construction and design) and the Region of Peel (restoration). Damage to valley habitat and vegetation by all-terrain vehicles is a significant issue which will be addressed through a multi-partner enforcement and communication strategy in this area. TRCA staff will manage the planning and construction of this project, which will also include habitat and restoration works as well as interpretive signage. Trail designs have been completed and necessary permits are being obtained from the Ministry of Transportation. Construction is tentatively scheduled to begin in the fall/winter of 2010.
5. Valleywood Trail (1.5 km from Mayfield Road to Hwy 10, Caledon, Etobicoke Creek watershed)
This trail link will connect the Etobicoke Creek Trail in the City of Brampton to the Town of Caledon. TRCA staff is currently in the process of negotiating funding for trail development with the developer in Mayfield West. TRCA has completed a concept design for the trail link. Once the funding is confirmed and the concept design is approved, TRCA staff will manage the planning and construction of this project which will also include habitat and restoration work as well as interpretive signage.
Permeable Parking Lot/Staging Area Demonstration Site The permeable demonstration parking lot and staging site AT LBPIA has been constructed along Etobicoke Creek trail to highlight green elements that can be integrated into parking areas in order to improve local water quality and manage stormwater runoff at source. In order to reduce the amount of stormwater runoff and restore the natural hydrological cycle, green parking lots integrate permeable paving surfaces and vegetative swales that allow water to infiltrate the soil. This site will also serve as an opportunity to educate companies in the Pearson Eco-Business Zone on how they can improve their sites through green parking lot techniques.
403 Additional in-kind support for the parking lot and staging area has been provided by Ready Mix Concrete Association of Ontario, Dufferin Concrete, TD Friends of the Environment Foundation and the Toronto and Region Remedial Action Plan.
The City of Mississauga is leading the organization of a formal opening ceremony planned for September 2010 (date to be determined).
FINANCIAL DETAILS Total estimated budget for all five projects (including trail extension, pedestrian crossings, restoration, staging areas and signage) is approximately $5 million. Thus far, a total (approved) funding commitment of approximately $ 2.6 million has been made by partner municipalities (Toronto, Peel, Mississauga and Brampton), TRCA, development industry and local fundraising efforts. In addition to these trail extension projects, the permeable parking lot demonstration project in the Pearson Eco-Business Zone has received a funding commitment (cash and in-kind) of approximately $120,000.
Report prepared by: Vince D'Elia, extension 5667 Emails: [email protected] For Information contact: Vince D'Elia, extension 5667 or Chandra Sharma, extension 5237, Emails: [email protected] or [email protected] Date: July 8, 2010 Attachments: 1
404 Attachment 1
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405 RES.#A119/10 - TORONTO AND REGION REMEDIAL ACTION PLAN One year renewal of Toronto and Region Remedial Action Plan agreements between Toronto and Region Conservation Authority, Environment Canada and the Ontario Ministry of the Environment, respectively.
Moved by: Suzan Hall Seconded by: Maria Augimeri
THAT Toronto and Region Conservation Authority (TRCA) staff continue to work with federal and provincial representatives to finalize the 2010-2011 Remedial Action Plan agreements between TRCA and Environment Canada and the Ontario Ministry of the Environment, respectively;
THAT TRCA staff continue to work with the Toronto and Region Remedial Action Plan (RAP) team, federal, provincial and municipal staff, the academic community, environmental non-governmental organizations and others to implement the 2010-2011 RAP workplan and advance RAP objectives;
AND FURTHER THAT federal government departments, provincial ministries, Members of Parliament, Members of Provincial Parliament, councillors, community groups, universities, schools, libraries and persons on the RAP mailing list throughout the Toronto and Region Area of Concern, be advised that the Toronto and Region Remedial Action Plan: Update on Actions 2007-2010 report is available on the Toronto and Region RAP website. CARRIED BACKGROUND The Toronto and Region Remedial Action Plan was instituted in response to the 1987 designation of Toronto and Region as a Great Lakes Area of Concern (AOC). The AOC designation was one of 42 (later 43) made by the International Joint Commission. The Toronto and Region AOC consists of six watersheds stretching from the Rouge River in the east to Etobicoke Creek in the west. A presentation will be made to the Authority by Jon Gee, Senior Manager of the Great Lakes Areas of Concern section of Environment Canada, and will provide an overview of the status of Canadian AOCs around the Great Lakes.
Under the Great Lakes Water Quality Agreement (GLWQA) and Canada-Ontario Agreement (COA), Environment Canada (EC) and the Ontario Ministry of the Environment (MOE) share responsibility for ensuring progress on the Great Lakes AOCs. Since 2002, TRCA has led the administration of the Toronto and Region RAP under agreements with EC and the MOE. Management of the Toronto and Region RAP is undertaken by representatives from EC, MOE, the Ontario Ministry of Natural Resources (MNR), and TRCA.
On March 31, 2010, the 2007-2010 COA expired, as did the respective 2007-2010 RAP agreements between TRCA and EC and MOE, respectively. TRCA has completed the deliverables required under this agreement, including the production of a public summary of actions completed. This report, Toronto and Region Remedial Action Plan: Update on Actions 2007-2010, summarizes the TRCA programs that were the recipients of RAP funding and their key outcomes achieved over the three-year period of the agreement. The report is available online at www.torontorap.ca or as a hard copy upon request. 406 On June 13, 2009, U.S. Secretary of State Hillary Clinton and Canadian Foreign Affairs Minister Lawrence Cannon announced their intention to renegotiate the GLWQA. The GLWQA came into effect in 1978, and was last amended in 1987 - the time at which areas of concern and remedial action plans were introduced through GLWQA Annex 2. The renegotiation of the GLWQA is currently ongoing, and there have been informal indications that the negotiation process could be complete by the end of 2010. Conservation Ontario has been involved as a respondent in the associated GLWQA public consultation processes.
As the GLWQA is the agreement from which COA negotiations are predicated, the federal and provincial governments have chosen to defer the renegotiation of the next COA. Instead, the governments have extended the existing COA for a period of one year, thereby maintaining program scope and funding at existing levels for the 2010-2011 federal/provincial fiscal year. New one-year agreements between the TRCA and EC and MOE will reflect this extension.
DETAILS OF WORK TO BE DONE Current Remedial Action Plan Initiatives The TRCA RAP workplan for 2010-2011 was approved at the RAP Team meeting of April 20, 2010. The 2010-2011 workplan is similar to those of previous years, with the majority of resources being directed toward the Sustainable Technologies Evaluation Program (STEP), the Regional Watershed Monitoring Network (RWMN), the Terrestrial Natural Heritage Program (TNHP), watershed strategies, and education and outreach initiatives. These programs continue to reflect the RAP’s priorities in supporting Low Impact Development (LID), stormwater management, effective stewardship and environmental monitoring of the AOC.
Two pre-existing but expanded initiatives also figure prominently in the 2010-2011 Toronto and Region RAP workplan: the science and research advanced through Aquatic Habitat Toronto, and the RAP communications plan. Aquatic Habitat Toronto (AHT) is a multi-jurisdictional committee that includes representatives from Fisheries and Oceans Canada, Environment Canada, MNR, Toronto Waterfront Revitalization Corporation, the City of Toronto and TRCA. The RAP will be supporting AHT research science-based initiatives to identify and assess existing and potential future fish habitat along the AOC waterfront, as well as investigate the responses of the fish community to habitat restoration projects.
The RAP communications plan will address three major initiatives in the coming year. The first will be the public review of the reclassification of the AOC Beneficial Use Impairments. At the completion of the RAP Stage 1 report in 1989, Toronto and Region was deemed to be “Impaired” for eight categories of environmental degradation, or Beneficial Use Impairments (BUI), as well as to require additional research on three Beneficial Use Impairments. Three Beneficial Use Impairments were deemed to be “Not Impaired”. Of the three BUIs requiring additional assessment, research and analysis have been completed for two: Fish Tumours or Other Deformities; and Bird or Animal Deformities or Reproductive Problems. The research results indicate that these Beneficial Uses are not impaired within the Toronto and Region AOC. Therefore, conditional on the completion of a review period, these two BUIs will be formally re-designated to Not Impaired in 2010-2011, making them the first such reclassifications of the Toronto and Region Remedial Action Plan.
407 The second major initiative addressed under the RAP communications plan is the review and update of the criteria required for the remaining Area of Concern to be considered “Impaired” or “Not Impaired”. The existing criteria were set forth in the 1994 RAP Stage 2 document Clean Waters, Clear Choices. The review of these criteria will involve a public consultation process underpinned by consultation with academic and agency technical experts. The anticipated outcome of these proceedings will be updated targets based on indicators of both environmental quality and program implementation - these targets will outline an ambitious but achievable path forward toward delisting Toronto and Region as an Area of Concern by 2020.
Two major projects currently in the planning approval process - the Mouth of the Don revitalization and City of Toronto Don River and Central Waterfront Project (Wet Weather Flow Management Master Plan Implementation) constitute important elements of a revitalized Toronto and Region AOC.
Finally, the communications plan will continue to fund a new public outreach program – Lake Ontario Evenings – initiated in 2009. Lake Ontario Evenings (LOE) is a speaker’s series that is administered by TRCA and jointly funded by RAP and source water protection. The mandate of the LOE program is to provide casual public venues in which attendees can listen to, and ask questions of, experts on issues currently faced by Lake Ontario. There have been three LOE events to date (on the themes of water diversion, biodiversity and the lake nearshore), and the audience response has been sufficiently positive to continue this initiative into the coming year.
Challenges for the Future As noted above, the one year COA extension supporting RAP in 2010-2011 is similar in scope and resources to that provided in recent years. While the re-evaluation and updating of AOC delisting targets will provide a realistic and achievable endpoint to the Toronto and Region RAP, it is unlikely that these targets will be met and the Toronto and Region be delisted as an Area of Concern without significant financial commitments by all levels of government.
FINANCIAL DETAILS TRCA funding for RAP initiatives in 2010-2011 will be provided by one-year funding agreements between TRCA and EC ($250,000) and MOE ($250,000); these agreements and associated funding will expire on March 31, 2011. Project proponents from within TRCA apply to the Toronto and Region RAP team for funds, and the TRCA RAP workplan is developed on the basis of these proposals. It is anticipated that multi-year funding agreements may be possible upon finalization of the new COA agreement.
In addition to these dedicated RAP funds, certain TRCA projects (e.g. the Sustainable Technologies Evaluation Program and Rural Clean Water Program) also receive funding through the MOE, MNR and federal Great Lakes Sustainability Fund for the purpose of advancing RAP objectives.
Report prepared by: Stephanie Hawkins, extension 5576 Emails: [email protected] For Information contact: Stephanie Hawkins, extension 5576 Emails: [email protected] Date: May 19, 2010 ______
408 RES.#A120/10 - CONSERVATION AUTHORITIES PLAN REVIEW AND PERMITTING ACTIVITIES Policies and Procedures, EBR Registry Number: 010-8243. Final approval of new chapter, “Policies and Procedures for Conservation Authority Plan Review and Permitting Activities”, for inclusion in the “MNR Policies and Procedures for Conservation Authorities Manual”.
Moved by: Suzan Hall Seconded by: Maria Augimeri
WHEREAS the Ministry of Natural Resources has approved a new chapter, "Policies and Procedures for Conservation Authorities Plan Review and Permitting Activities", for inclusion in the MNR Policies and Procedures for Conservation Authorities Manual;
AND WHEREAS Toronto and Region Conservation Authority (TRCA) staff supports the new chapter as it provides clarity about the roles and responsibilities of conservation authorities (CAs) in the municipal planning and Conservation Authorities Act (Section 28) regulatory permitting process and promotes a greater consistency between CAs in the delivery of these activities and improved transparency;
AND WHEREAS TRCA, through its Business Excellence objective, is committed to working cooperatively with all municipal partners, the development community and public stakeholders in the implementation of TRCA's planning and regulatory programs, including opportunities to increase procedural transparency;
AND WHEREAS TRCA is already implementing many of the components of the new chapter through its existing plan review and permitting activities, including Authority board approved policies and TRCA's Planning and Development Procedural Manual;
THEREFORE LET IT BE RESOLVED THAT TRCA staff be given the authority to make any necessary procedural adjustments to the implementation of TRCA's planning and regulatory program, consistent with the new Ministry of Natural Resources (MNR) chapter;
AND FURTHER THAT all member municipalities and the Building Industry and Land Development Association (BILD) be so advised. CARRIED BACKGROUND In 2007, MNR, Ministry of Municipal Affairs and Housing (MMAH), and the Ministry of Energy and Infrastructure (MEI), embarked upon an initiative to clarify the roles of conservation authorities in both the development plan review and Conservation Authorities Act (Section 28) regulatory permitting processes. A Conservation Authorities Liaison Committee (CALC) was formed to facilitate dialogue amongst stakeholders in order to clarify interrelated roles and promote efficient delivery of mandates for provincial interest. The CALC membership included MNR, MMAH, MEI, Conservation Ontario (CO), select CAs appointed through CO (including TRCA), and representatives from the development industry, municipal sector and environmental groups.
409 The CALC reviewed and provided input to the content of a new chapter for incorporation in the existing MNR Policies and Procedures for Conservation Authorities Manual, 1997. The objective of this new chapter is to provide clarity about the roles and responsibilities of CAs in the municipal planning and regulatory permitting processes and promote a greater consistency between CAs in the delivery of these activities and improved transparency. In general, the chapter articulates the current legislative and operational framework under which CAs conduct their planning and regulatory functions. The chapter provides that the best practice is for every CA to have board-approved service delivery policies and procedures for their plan review and permitting processes that encompass the following best practice tools outlined in the chapter, including pre-consultation, complete application, decision timelines and fees.
A draft of the chapter was posted on the Environmental Registry (EBR) on November 25, 2009 for a 47-day public review and commenting period. Through representation on the CALC and through CO, TRCA staff provided comments on the draft chapter. A decision was made on April 23, 2010 to proceed with the proposed chapter subject to changes made as a result of the public consultation. According to the notice of decision posted on the EBR on May 28, 2010, the Ministry received a total of 27 comments. Comments received were generally supportive of the document and suggested minor changes to some sections and text to further clarify the policies. Only a few of the proposed changes were not supported and some comments received were deemed to be outside the scope of the policies and procedures document and were not incorporated.
Implications to TRCA TRCA staff is supportive of the creation of this new chapter of the MNR Policies and Procedures for Conservation Authorities Manual as it is generally reflective of our current planning and regulatory program implementation. z Since 1994, TRCA has Authority approved policies entitled "Valley and Stream Corridor Management Program" (VSCMP) to guide our planning and permitting responsibilities. TRCA staff is currently undertaking a comprehensive update to the VSCMP, which will result in "The Living City Policies". The proposed new policy document will be subject to a comprehensive municipal, public and stakeholder consultative process, in 2011, prior to submission to the Authority, consistent with all TRCA initiatives and consistent with the consultative process advocated in the new chapter. z On September 28, 2007, the Authority approved the “Planning and Development Procedural Manual” (Resolution #A196/07), which is a comprehensive document to guide members of the public, the development community and our municipal partners. This document is an informative resource that provides a summary of the legislative and policy framework governing TRCA and explains our role and review procedures for of all types of applications under the Planning Act, the Environmental Assessment Act and the Conservation Authorities Act. It outlines the requirements for complete applications and associated fees and includes a series of checklists and guidelines to assist applicants with the preparation of various studies and technical reports/drawings in support of their submissions. The Manual also includes review service deliveries based on the submission of a complete application. The Manual is posted on the TRCA website and has been distributed to all member municipalities and BILD. TRCA staff has found it to be a valuable implementation tool and it provides procedural transparency for the development community, the public and member municipalities.
410 z TRCA staff continue to seek opportunities, where appropriate, to streamline the permit review and approval process: Permission for Minor Works Protocol (2006), Permit Re-Issuance Protocol (2008) and Permission for Routine Infrastructure Protocol (2008).
In accordance with Authority approval in 2007, TRCA's procedural manual is updated on an on-going basis to reflect any procedural issues related to legislative changes or technical updates related to current practices.
TRCA staff will be making minor edits to the “Planning and Development Procedural Manual” to reflect the new “MNR Policies and Procedures for CA Plan Review and Permitting Activities” chapter. This will include updating the legislation section and minor modifications to the section of the document that describes the permitting process. Unlike the regulations issued under the Planning Act, the Conservation Authorities Act does not prescribe timelines for the processing of permits under Section 28(1) Regulations. The new chapter promotes a timing and decision framework around the processing of permits, similar in principle to the application process under the Planning Act, including pre-consultation, complete applications, etc. The TRCA procedural manual already embeds a similar framework and includes delivery standards based on a complete application. The TRCA manual will be updated through minor edits to the procedural steps, (e.g. written notification within 21 days of receipt of a permit application as to whether it is complete or not), and decision timelines on complete applications to reflect the new MNR chapter. TRCA staff is of the opinion that these minor changes will not adversely impact our current Regulatory program implementation.
TRCA staff is also taking this opportunity to review and update where necessary the existing guidelines and checklists in the TRCA manual, as well as include any additional checklists or guidelines reflective of current practices that will assist the development community, the public and municipalities with their submissions. All updates to TRCA's procedural manual will be circulated to TRCA member municipalities and BILD in September.
Municipal Context The municipal sector, (AMO, Regional Planning Commissioners of Ontario, City of Toronto), was represented on the CALC and provided input into the development of the new MNR chapter. Municipalities also had the opportunity to provide comment through the EBR posting. TRCA staff is aware that some of our member municipalities, (Region of Peel, Region of Durham and the Town of Whitchurch-Stouffville), prepared reports to inform their Councils about the new chapter.
411 The new chapter acknowledges that CAs may perform a technical advisory role to municipalities, as determined under the terms of service agreements. This Memorandum of Understanding (MOU) framework is described in TRCA's Planning and Development Procedural Manual. Currently, TRCA has entered into plan review and technical advisory MOUs with our upper tier regional municipalities (Peel, York and Durham), the City of Toronto, some of our lower-tier municipalities (Mississauga, Markham, Caledon) and TRCA staff has initiated the process with Brampton. Several of TRCA's existing MOUs need updating to reflect changes in roles and responsibilities, new policy needs and increased demand on technical environmental services for plan review and assistance with Ontario Municipal Board hearings, within financial capabilities. Other municipalities within TRCA's jurisdiction prefer to work informally with TRCA for the provision of similar planning and technical advisory services as part of our approved program service, in a manner consistent with the provisions of the new chapter.
Development Community The development industry (BILD, Ontario Home Builders, Hamilton-Halton Home Builders) was represented on the CALC and also provided input into the development of the new MNR chapter. TRCA staff has on-going dialogue with the development community (BILD, developers, consultants and proponents) about the implementation and delivery of our planning and regulatory program. TRCA’s Planning and Development Procedural Manual was created as a result of these discussions in an effort to provide guidance to those seeking development approvals from TRCA and increase procedural transparency. TRCA staff continues to seek opportunities to streamline the review and approval process, where appropriate and improve the delivery of our planning and regulatory program. TRCA will continue to consult with the development industry in this regard.
Additionally it should be noted that consistent with our current procedures, BILD will be consulted in the development of TRCA review fees. As per the MNR Policies and Procedures Manual for Conservation Authorities, fees for planning and permitting services may recover but not exceed the costs associated with administering and delivering these services on a program basis. At Authority Meeting # 10/09, Resolution #A232/09 was approved, in part, as follows:
...AND FURTHER THAT in future amendments to the Fee Schedule for Planning, Permitting and Environmental Review Services, TRCA move toward full cost recovery as soon as possible, and no later than January 1, 2012.
TRCA staff is currently working on this approach to begin discussions with BILD in the fall.
CONCLUSION TRCA staff is supportive of the new chapter, “Policies and Procedures for Conservation Authority Plan Review and Permitting Activities” approved for inclusion in the MNR Policies and Procedures for Conservation Authorities Manual as it provides clarity regarding the role of CAs in planning and permitting activities. It promotes consistency between CAs in the delivery of these activities and improved transparency. Many of the new requirements of the chapter have been embedded in TRCA's mode of operation for a decade or more. TRCA's documents are being updated to reflect the minor adjustments as required.
412 Report prepared by: Laurie Nelson, extension 5281 Emails: [email protected] For Information contact: Laurie Nelson, extension 5281, Carolyn Woodland, extension 5214 Emails: [email protected], [email protected] Date: July 12, 2010
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RES.#A121/10 - THE LIVING CITY REPORT CARD Partnering with Greening Greater Toronto on The Living City Report Card and the future of individual TRCA watershed report cards.
Moved by: Jack Heath Seconded by: Ron Moeser
THAT TRCA staff be authorized to partner with Greening Greater Toronto (GGT), an initiative of the Toronto City Summit Alliance, to produce the first edition of The Living City Report Card in conjunction with the Greening Greater Toronto Score Card;
THAT TRCA staff continue to produce brief report cards on the health of individual watersheds in TRCA's jurisdiction on a five year cycle following the production of The Living City Report Card subject to data availability, funding and staff resources;
AND FURTHER THAT TRCA staff make provisions in the 2012-2021 capital budget forecast for producing report cards. CARRIED BACKGROUND At Authority Meeting #2/10, held on March 26, 2010, Resolution #A20/10 was approved, in part, as follows:
THAT Toronto and Region Conservation Authority (TRCA) adopt the framework and indicator themes for The Living City Report Card;...
...THAT staff report back on how the health of individual watersheds will be tracked, either through individual report cards and in the living city report card;
THAT source water protection and riparian habitat be included within the Indicator Themes in the living city report card.;...
413 TRCA-GGT Partnership Opportunity Since Authority Meeting #2/10, TRCA staff has had discussions with senior management at Greening Greater Toronto (GGT) to explore a partnership opportunity through the development of The Living City Report Card in conjunction with GGT's Greening Greater Toronto Score Card. GGT is an initiative of the Toronto City Summit Alliance which is a coalition of leaders from the business, labour and non-profit sectors and government formed to address various challenges facing the Greater Toronto Area (GTA). GGT is one of three working groups of the Toronto City Summit Alliance committed to making the GTA the greenest city region in North America and serves as an important link between key stakeholders to accelerate the greening process. GGT's long term regional environmental vision is focused on: reduced greenhouse gas emissions, cleaner air, cleaner water, reduction of waste and improved waste management as well as more sustainable land use practices. GGT last reported on these themes in 2008 and has been successful in leading action around green procurement, commercial energy efficiency and education.
For the time being, the joint publication will be referred to as The Living City Report Card until the title is finalized.
The Living City Report Card The Living City Report Card will report on parameters on a jurisdiction wide basis compared to individual watershed report cards. The Living City Report Card will provide an overview of conditions across watersheds for a particular time frame. TRCA's regional monitoring data will be used to report generally on the water quality and biodiversity indicators in The Living City Report Card. Some references may be made at the watershed scale.
Individual TRCA Watershed Report Cards Concise watershed specific report cards will continue to be produced by TRCA to communicate regional monitoring data and other relevant information on watershed conditions approximately every five years subject to data availability, funding and staff resources. On occasion, news bulletins and other short media advisories may be used to report on topics between the regular reporting years. The regional monitoring program, in its next reporting phase, will be analyzing data and reporting on a set of core environmental indicators (i.e. surface water quality, groundwater, benthic invertebrates, fish communities, terrestrial natural heritage, stream flow, precipitation, West Nile virus and fluvial geomorphology) that reflect ecosystem condition and integrate the monitoring requirements of the watershed report cards.
The individual watershed report cards will also need to meet the requirements of Conservation Ontario for producing watershed report cards. Conservation Ontario has produced a minimum of three indicators which include forest conditions, surface water quality and groundwater quality. All 36 Ontario conservation authorities are expected to report on these three indicators every five years. Conservation authorities do have the option of reporting on more indicators as the need and resources become available.
RATIONALE A joint TRCA-GGT report card venture benefits both parties: z co-branding of The Living City Report Card as a TRCA-GGT publication; z greater profile for the first edition of The Living City Report Card through a joint marketing and promotional campaign;
414 z launching of the report at the Toronto City Summit meeting in February, 2011. Both organizations were originally planning the launch of separate publications at the same time; z presenting a more holistic perspective of sustainable communities by combining the indicators of both organizations; z broader public dissemination of the report card through TRCA and GGT networks; z increased budget and staff resources; and z increased exposure for TRCA and The Living City Report Card leading to more partnership and funding opportunities.
TRCA and GGT staff have been working on compiling a list of indicators and measures which will fit the reporting objectives of both organizations. This list modifies some of the indicators that were originally presented to the Authority in March, 2010. The protection of source water areas in TRCA's jurisdiction will be presented in both The Living City Report Card and watershed specific report cards. This will represent the amount of Oak Ridges Moraine being protected by the Oak Ridges Moraine Conservation Plan, Greenbelt Plan, Niagara Escarpment Plan and TRCA regulations. Riparian habitat in TRCA's jurisdiction will be reported under the natural cover quantity indicator in the report card. The following table presents the draft list of indicators and measures for The Living City Report Card:
Indicator Greening Greater TRCA Measures Toronto Measures (Potential or Draft) Carbon Dioxide z Total carbon dioxide z Energy consumption Emissions emissions using benchmark cities z Carbon dioxide emissions per capita Air Quality z Sulfur dioxide z None emissions Water z Water quality index Quality z Water consumption z Watershed water quality index based on per capita phosphorus, chloride, E.coli z Waterfront phosphorus, algae, beach closures Quantity z Flood risk to people and structures z Percent urban area with stormwater controls, mean annual flow, baseflow
Waste z Waste generated per z None capita z Waste diversion
415 Indicator Greening Greater Toronto TRCA Measures Measures (Potential or Draft) Land Use z Greenspace (hectares) Greenspace per capita (all private z Watershed public greenspace (hectares) and public natural per capita (TRCA, municipal, provincial, cover/parkland) federal land) z Population density z Waterfront public land (hectares) z Waterfront shoreline protection
Certified Green Buildings z Number of buildings, square meters and percent of floor space
Agriculture z Region's ability to produce 10 percent of its fresh vegetable needs z Agricultural land in production (hectares)
Cultural Heritage z Number of heritage conservation districts per region Biodiversity n/a Natural Cover Quality z Percent natural cover in each habitat category z Total average patch scores for jurisdiction Natural Cover Quantity z Percent natural cover
Urban Forest z Leaf area index
Fish, Birds, Amphibians and Plants z Species richness for fish z Number of species in each L rank for birds and amphibians z Floristic quality index
Ecological Goods and Services z Value of green infrastructure per region
In addition to the list of indicators above, there are two other indicators that TRCA intends to report on in The Living City Report Card, but they do not fit into the updated indicator framework. Staff will look for alternative ways to include this information in the content of the report card. These indicators include: 1. education and community action which will report on the number and percentage of the student body participating in outdoor education; and
416 2. conservation investment, which will report on the annual TRCA budget per capita over the years.
The report card will be launched by TRCA and GGT at the next Toronto City Summit on February 10th and 11th, 2011, which is expected to be attended by media and approximately 500 people. Approximately 2,000 copies of the report card are expected to be printed along with an interactive web component.
DETAILS OF WORK TO BE DONE z GGT staff to organize a workshop with GGT staff and TRCA to refine indicators and measures, and devise a table of contents and work plan; z GGT and TRCA staff to work together to develop a presentation format, a marketing strategy and promotion plan; z TRCA staff to add capital budget requests to the 2012-2021 forecast to support the development of report cards in the future; z TRCA staff to continue to work with The Living City Report Card Advisory Committee on the development of indicator reports, and the marketing and promotion of the final product. The Advisory Committee is comprised of representatives of TRCA Watershed Task Forces; z present The Living City Report Card to the Authority for approval in principle on November 26, 2010; and z launch The Living City Report Card at the next Toronto City Summit on February 10th and 11th, 2011.
FINANCIAL DETAILS Approximately $85,000 in funding is available from the City of Toronto and regions of Peel and York for The Living City Report Card in capital accounts 416-40 and 129-92. Funding will cover staff time, writing, printing, social marketing tools and promotion. GGT will be contributing staff time and resources towards research, writing, editing, communications and marketing.
Report prepared by: Sonia Dhir, extension 5291 Emails: [email protected] For Information contact: Gary Wilkins, extension 5211 Emails: [email protected] Date: July 14, 2010
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RES.#A122/10 - DENSITY BONUS PROGRAM STATUS REPORT Town of Caledon (formerly Albion Township). To provide a status report on the Density Bonus Program and update on progress and achievements.
Moved by: Suzan Hall Seconded by: Maria Augimeri
417 THAT Toronto and Region Conservation Authority (TRCA) continue to work with the Town of Caledon to implement the Density Bonus Reforestation Program. CARRIED BACKGROUND For over twenty years TRCA has been working with the Town of Caledon and various developers to increase tree cover and manage forests within the Palgrave Estate Residential Community as described in the Official Plan of the Town of Caledon. The area is bounded to the west by Regional Road 50, Highway 9 to the north, Caledon-King Townline to the east and the community of Bolton to the south.
Through this "Density Bonus" program, development proponents who agree to reforest vacant land as part of their development application are able to apply for additional building lot density. For every four hectares (10 acres) reforested, the developer will receive an additional bonus building lot within the approved development. These reforested areas, situated on privately-owned lots, are protected by agreements and deposits with the developer and subsequent landowners. Additional areas not suitable for development are often conveyed to TRCA to manage and protect. All of the costs associated with these density bonus reforestation projects are the responsibility of the developer, and subsequent private homeowners.
Records show that since 1991 TRCA has planted more than 192,000 reforestation seedlings and 17,100 tree whips and wildlife shrubs under eleven "Density Bonus" reforestation agreements. Under the terms of the agreements, plantings are guaranteed by TRCA for a period of three years from the time of planting. Yearly assessments are conducted by TRCA and reported to the Town of Caledon along with recommendations to maintain stocking levels at or above a seventy percent survival rate. Any infill planting during this three year period is solely the responsibility of TRCA.
Within the last four years, TRCA has implemented three density bonus agreement projects resulting in the creation of more than 25 hectares (62 acres) of reforested land. All of this reforestation helps to meet municipal goals of increasing tree cover within the Town of Caledon and provides ancillary watershed management and environmental benefits to TRCA and the Region of Peel.
This program truly is a win-win-win situation for all parties involved. Individual homeowners find themselves living in an area with significant tree cover, rather than open grass fields and extensive manicured lawns. TRCA is able to buffer streams, offer linkage areas for wildlife, increase tree cover and create forest habitat that would otherwise not be possible. The developers involved are rewarded with additional building lots, as well as the opportunity to sell properties backing onto "Forested Conservation Lands". The public in general reaps many of the same benefits as TRCA, with the additional benefit that most of these developments become almost invisible to passersby within a relatively short period of time.
418 Current Projects There are presently two "Density Bonus" reforestation projects in progress. The first phases of both Palgrave Estates West and Sunshine Estates/Glorco Holdings were planted in the spring of 2009. One infill planting was completed in the spring of 2010 to address areas where regrading for road construction was not finished in time for the initial installation. Both of these projects have had excellent survival and initial establishment in the eighteen months, with estimates close to 95% overall.
Staff is currently working with the Town of Caledon planning staff and a new program applicant "Cedar Glen Estates" to finalize a contract for this three-year agreement to commence in April 2011. This agreement will see the planting of over 7,000 reforestation seedlings and more than 1,350 deciduous trees and wildlife shrubs. In all, over 3.8 hectares (9.5 acres) will be reforested and protected on this project, with much of the planting being completed to buffer significant wetlands and sensitive forested areas.
FINANCIAL DETAILS All of the costs associated with reforestation plan development and implementation are fully recovered from the development proponent.
Report prepared by: Tom Hildebrand, extension 5379 Emails: [email protected] For Information contact: Tom Hildebrand, extension 5379, Dave Rogalsky, extension 5378 Emails: [email protected], [email protected] Date: June 03, 2010
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RES.#A123/10 - WILKET CREEK CHANNEL WITHIN WILKET CREEK PARK Rehabilitation Study and Geomorphic Systems and Habitat Study Approval of Contract. Toronto and Region Conservation Authority staff working in partnership with the City of Toronto to develop long term rehabilitation plans and associated implementation of works for the Wilket Creek tributary of the Don River, within the City of Toronto, to address erosion hazards threatening infrastructure.
Moved by: Suzan Hall Seconded by: Maria Augimeri
WHEREAS Toronto and Region Conservation Authority (TRCA) has worked in partnership with the City of Toronto Parks, Forestry and Recreation Department (PF&R), and Toronto Water for the purpose of completing a rehabilitation and master geomorphic study of Wilket Creek, and for the implementation of works in support of the study outcomes;
AND WHEREAS City of Toronto PF&R and Toronto Water have requested that TRCA undertake the Wilket Creek project, and are prepared to fully fund the proposed project;
AND WHEREAS the first stage of the project involves a contract for consulting services; 419 THEREFORE LET IT BE RESOLVED THAT the contract for Wilket Creek Rehabilitation and Master Geomorphic Study be awarded to Parish Geomorphic at an upset limit of $301,500 plus HST, this being the proposal that best meets TRCA specifications;
THAT a contingency allowance of $31,000 for the consulting contract, to be expended as authorized by TRCA officials, be approved;
THAT staff be authorized to commence an Environmental Assessment (EA), in accordance with the Municipal Class EA process for the purpose of completing this project;
AND FURTHER THAT authorized TRCA officials be directed to take the action necessary to implement the contract including obtaining any approvals and the signing and execution of documents. CARRIED BACKGROUND Watercourses and adjacent park areas within the City of Toronto sustained a significant amount of damage as the result of the August 19, 2005 storm event. In response to the damage caused, City of Toronto PF&R entered into an agreement with TRCA in February of 2007, to complete the repairs required to return the damaged areas to a state of good repair in order to ensure protection of life and property within the City of Toronto parks systems while funding for long term rehabilitation of key sites was sought.
The Wilket Creek tributary of the East Don River was one of the watercourses that suffered a significant amount of damage as the result of the August 19, 2005 storm event. In 2007/8 TRCA staff undertook large scale restoration works within Edwards Gardens, and a series of 10 state of good repair projects within Wilket Creek Park, as part of the aforementioned agreement entered into by PF&R and TRCA in February of 2007.
On June 23, 2008 Wilket Creek was subjected to another serious rainfall event, resulting in damage to three of the state of good repair sites, previously repaired by TRCA. At this point, it was determined by TRCA and the City that state of good repair works were no longer sufficient to address the ongoing risk to infrastructure and public safety within Wilket Creek Park.
In 2009 PF&R and Toronto Water identified a multi-year funding plan to provide approximately $2.2 million dollars to developing long term protection to “at risk” infrastructure, and to rehabilitate the watercourse within Wilket Creek Park. The funding was approved to commence in 2010 and will be allocated accordingly over the next three years.
Due to the success of the partnership developed by TRCA and PF&R for the purpose of completing the August 19, 2005 Storm Damage Project, and the numerous successful projects that TRCA has partnered with Toronto Water to complete, the City has requested that TRCA assist in the completion of this project. TRCA’s role will be to act in a project management capacity, and also to provide expertise in the implementation of works utilizing staff and resources to complete the project. This partnership will be beneficial to all parties involved, as TRCA staff is able to streamline the planning, design and approvals phases, and offer full scale construction and contract management services.
420 As part of the partnership agreement, TRCA issued a Request for Proposal (RFP) and accompanying Terms of Reference for the completion of a geomorphic investigation and the development of long term rehabilitation solution for Wilket Creek, with emphasis on Wilket Creek Park.
The following consultants were selected by TRCA and Toronto Water for issuance of a RFP based on previous experience working on City-led geomorphic master plans for the watercourses within the City of Toronto, and for their expertise in bioengineering solutions and large-scale riverine erosion control projects completed with TRCA: z Aquafor Beech; z Geomorphic Solutions (Sernas Group); z Parish Geomorphic.
The proposals were opened at a Tender Opening Committee meeting on Monday July 12, 2010, with the following results:
Company Primary Fees Provisional Total Value (Plus HST) Expenditures (Plus HST) (Plus HST) Aquafor Beech $170,346 $400,000 $570,346 Geomorphic Solutions $187,305 $246,500 $433,805 Parish Geomorphic $177,150 $124,350 $301,500
Based on the review of the proposals, and the combination of select provisional expenditures in addition to the primary fees, staff recommends the contract be awarded to Parish Geomorphic for the completion of the consulting portion of this project.
Further, TRCA will initiate a Municipal Class EA that will incorporate the findings of the investigation in the development and implementation of works within Wilket Creek Park.
FINANCIAL DETAILS This project is 100% recoverable from the City of Toronto, whereby Toronto Water is responsible for the costs associated with the Geomorphic Master Study, and Parks, Forestry and Recreation are responsible for providing the funding for the implementation of works. The funding for this project is distributed over a three to four year period (2010 – 2013) with a total anticipated budget of $2.2 million.
Report prepared by: Patricia Newland, 416-392-9690 Emails: [email protected] For Information contact: Patricia Newland, 416-392-9690 Emails: [email protected] Date: July 13, 2010
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421 RES.#A124/10 - EAST DON TRAIL (CHARLES SAURIOL RESERVE) Phase 1b, Award of Contract RSD10-17 - Pedestrian Footbridge and Overhead Protective Canopy Structures. Award of contract for the supply and installation of a pedestrian footbridge over the East Don River and the supply and installation of overhead protective canopy structures under CNR and CPR trestle crossings as part of the East Don Trail - Phase 1B implementation at the Charles Sauriol Reserve, City of Toronto.
Moved by: Suzan Hall Seconded by: Maria Augimeri
THAT the contract for the supply and installation of a pedestrian bridge over the East Don River be awarded to Hobden Construction Ltd. at a cost of $390,015.00, plus applicable taxes, it being the lowest bid meeting Toronto and Region Conservation Authority (TRCA) specifications;
THAT TRCA staff be authorized to approve additional expenditures to a maximum of ten percent (10%) of the total cost of the contract for eligible disbursements and as a contingency allowance, if deemed necessary;
AND FURTHER THAT authorized staff be directed to take the action necessary to implement the contract including obtaining any approvals and the signing and execution of documents. CARRIED BACKGROUND In 1995, R.V. Anderson and Associates (RVA) was retained by the City of Toronto to undertake a comprehensive study and provide proposed trail networking options in the East Don Valley system spanning from Milne Hollow (Lawrence Avenue/Don Valley Parkway) to the forks of the Don River. The study was completed in 1997 and resulted in a conceptualized alignment and network of trails servicing the East Don valleylands.
The construction of the East Don Trail project was given approval to proceed by Resolution #A44/09 at Authority Meeting #3/09, held on April 24, 2009, subject to funding from the City of Toronto as part of the Natural Environment and Stand Alone projects and completion of the required approval processes.
Phase 1a trail construction works were implemented in 2009/2010, including the establishment of the approved trail alignment/construction access route between Milne Hollow Park and Wynford Heights Crescent and the installation of a 34 metre prefabricated, self-weathering steel pedestrian footbridge (bridge 1c) north of Wynford Heights access trail. Bridge 1c was installed on its footings in early February 2010.
422 As part of the 2009 projects with the City of Toronto, the City requested that TRCA implement trail planning and design for Phase 1b works in the Milne Hollow/East Don project area including preparation of trail network engineering design and construction details. In November 2009, TRCA engaged the services of RVA to complete the Phase 1b trail network engineering design component. This was undertaken in anticipation of construction commencing in 2010. The East Don Trail project has federal infrastructure funding incorporated, and as such, all works must be installed and completed in advance of the March 31, 2011 deadline.
The East Don Trail - Phase 1b construction includes a 34 metre prefabricated, self-weathering steel pedestrian footbridge and two overhead protective canopies to protect pedestrians from the potential of debris falling from elevated track level while passing under the CN and CP railway trestle crossings on the trail.
RATIONALE Request for Tenders were sent to the following eight (8) contractors/suppliers, who were selected based on their area of business expertise and past experience on TRCA projects: 1. Algonquin Bridge Inc.; 2. Dynex Construction; 3. Ganawa Bridge Products and Services; 4. Hobden Construction; 5. McPherson-Andrews Contracting Limited; 6. Rutherford Contracting Ltd.; 7. Somerville Construction; 8. Wyndale Paving.
The tender packages requested bids for the following work: z installation of helical pier footings, armour stone protection and associated work; z supply of a self-weathering steel pedestrian bridge; z delivery and installation of the pedestrian footbridge; and z supply and installation of two (2) overhead protective canopy structures and associated work.
Seven potential bidders attended the mandatory site inspection meeting held on June 16, 2010.
Three (3) sealed tenders were received on or before bid closing at 4:00 pm on July 8, 2010. Bids were opened on July 9, 2010, by Gerri Lynn O'Connor, Jim Dillane, Nick Saccone, Kathy Stranks and Dave Rogalsky in accordance with TRCA's procurement and tendering practices. The bid results are as follows:
Company Bid (Plus HST) Hobden Construction Ltd $390,015.00 McPherson-Andrews Contracting Ltd $521,067.01 Rutherford Contracting Ltd $510,316.12
423 Staff recommends that the contract RSD 10-17 East Don Trail - Phase 1b be awarded to Hobden Construction Ltd, it being the lowest bidder meeting TRCA specifications and requirements.
FINANCIAL DETAILS All expenditures that pertain to this contract will be assigned to the East Don Trail Network project budget account 117-49. These expenses are fully recoverable from the City of Toronto.
Report prepared by: Dave Rogalsky, extension 5378 Emails: [email protected] For Information contact: Dave Rogalsky, extension 5378 Emails: [email protected] Date: June 10, 2010 Attachments: 1
424 Attachment 1
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425 RES.#A125/10 - SUPPLY OF RENTAL RATES FOR OPERATED HEAVY CONSTRUCTION EQUIPMENT AND DUMP TRUCKS Contract Extension. Extension of Contract RSD09-18 for the Supply of Rental Rates for Operated Heavy Construction Equipment and Dump Trucks, for a further one year period.
Moved by: Suzan Hall Seconded by: Maria Augimeri
THAT Contract RSD09-18 for Supply of Rental Rates for Operated Heavy Construction Equipment and Dump Trucks, awarded in 2009 to Sartor & Susin Ltd., be extended for a period of one year to July 31, 2011 subject to terms, conditions and performance satisfactory to Toronto and Region Conservation Authority (TRCA) staff. CARRIED BACKGROUND At Authority Meeting #5/09, held on July 10, 2009, Resolution #A135/09 was approved as follows:
THAT the Restoration Services Division utilize, as required, the services of Sartor and Susin Limited for the supply of operated heavy construction equipment and dump trucks for the period August 1, 2009 to July 31, 2010, it being the proposal that best meets Toronto and Region Conservation Authority's (TRCA's) requirements at a competitive cost;
THAT staff be authorized to use the next lowest tender if the need arises.
AND FURTHER THAT authorized officials be directed to take the necessary action to implement the contract including the signing and execution of documents.
In preparation of the original tender documents, staff included a provision whereby the successful bidder could request a one year extension to the contract at a specific maximum percent increase or decrease to the unit prices bid.
Sartor & Susin Ltd. have requested, in writing, a one year extension to their contract with an overall year two increase, in the unit rates, of five percent.
RATIONALE TRCA and Sartor & Susin Ltd. have worked together on numerous successful projects over many years and through the tendering process, Sartor & Susin Ltd. have consistently provided the lowest unit rates with a broad spectrum of equipment and fully experienced operators.
Staff has reviewed the proposed new rate structure, in conjunction with a review of performance over the past year, and is satisfied that the requested five percent increase is indicative of overall industry operating cost increases and is warranted.
426 FINANCIAL DETAILS The value of this contract is estimated to be approximately $2,000,000 based upon a review of similar workloads in previous years. An increase or decrease in workload will have an impact on the value of this contract extension. The operated equipment is rented on an "as required" basis with no minimum or maximum rental hours guaranteed.
Report prepared by: Aaron D'Souza, 416-393-6336 Emails: [email protected] For Information contact: Moranne McDonnell, 416-392-9725 Emails: [email protected] Date: June 28, 2010
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RES.#A126/10 - 14th AVENUE SOUND AND VISUAL ATTENUATION LANDFORM Placement of clean surplus fill on Toronto and Region Conservation Authority-owned tablelands located on the south side of 14th Avenue adjacent to Canadian National rail line in the Town of Markham.
Moved by: Jack Heath Seconded by: David Barrow
THAT Toronto and Region Conservation Authority (TRCA) request proposals from contractors to supply and place clean surplus fill on TRCA-owned lands as a means to create an environmental berm/buffer to enhance natural habitat and visitor functions in the future Bob Hunter Memorial Park (Rouge Park), subject to a final design approved by Rouge Park Alliance, and archaeological and municipal approvals;
THAT the funds received as compensation for receiving the surplus soil be set aside exclusively for project costs, for future restoration and habitat enhancement of the property and associated Rouge Park and TRCA purposes;
AND FURTHER THAT the appropriate TRCA officials be authorized and directed to execute all the necessary documentation required. CARRIED BACKGROUND TRCA staff, in conjunction with the Rouge Park Alliance, have identified a five hectare parcel of tableland that could be enhanced by importing and strategically placing clean surplus fill. The site is located on the east side of the CN rail line, south of 14th Avenue in the Town of Markham. This area is in the Bob Hunter Memorial Park (part of Rouge Park).
427 TRCA is currently working with its partners to refine a design for a landform to enhance the boundary between Bob Hunter Memorial Park and the adjacent rail line, the urban developments in the Community of Box Grove and 14th Avenue to the north. A vegetated berm along the western perimeter of the park will provide a physical and visual boundary between urban and park lands, and would provide some habitat variety to a flat site. The landform would reduce noise into the naturalized and public use areas. TRCA staff will complete a detailed construction implementation design drawing showing how the five hectare parcel of tableland will be enhanced by importing and strategically placing clean surplus fill.
It is the opinion of staff that the proposed project will provide an opportunity to restore forest cover and create wetland and interpretive opportunities while creating the foundation for diverse habitat and public features. Upon completion of the fill placement and grading phase of the project and subject to available revenues, TRCA staff will implement naturalization and regeneration plantings as part of an overall restoration plan. Staff view these functions as assets to the future protection of the park and its restored habitats.
TRCA will oversee the construction of the landform and the financial compensation will allow for the implementation of a restoration plan beneficial to Bob Hunter Memorial Park, Rouge Park and TRCA. TRCA staff will implement a soils quality control program to ensure and confirm that all soil placed on site meets Ministry of Environment parkland criteria.
Final design configuration for fill placement will be subject to the findings of a scheduled archaeological assessment and any recommendations to protect important cultural heritage assets.
RATIONALE TRCA has completed similar projects in other areas with considerable success. Examples of these successful projects include: z the berm on Kortright Centre for Conservation tablelands off Pine Valley Drive; z Boyd North Pit rehabilitation off Rutherford Road; z berming along Intermodal Drive and Highway 407 within Claireville Conservation Area; z berming and wetland complex development at Boyd North (along Islington Avenue north of Rutherford Road).
Staff sees this regeneration work as a benefit to all involved as the surplus fill, along with the financial compensation, will allow for the creation of habitat opportunities and public features on the property.
DETAILS OF WORK TO BE DONE TRCA will complete a landform design agreeable to TRCA and Rouge Park Alliance. An archaeological assessment will be completed on the proposed site. TRCA will obtain all municipal and regional approvals and permits associated with the proposed project. Staff will begin the process of requesting proposals from qualified contractors to supply and place the required fill.
FINANCIAL DETAILS TRCA staff anticipates that fill revenue from this project will offset direct project operating and restoration costs.
428 Report prepared by: David Hatton, extension 5365 Emails: [email protected] For Information contact: David Hatton, extension 5365 Emails: [email protected] Date: July 06, 2010
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RES.#A127/10 - PORT UNION WATERFRONT IMPROVEMENT PROJECT (PHASE 2) Tender RSD10-22. Award of Tender RSD10-22 for the supply and delivery of approximately 7,000 tonnes of 75mm-200mm cobbles.
Moved by: Suzan Hall Seconded by: Maria Augimeri
THAT Contract RSD10-22 for the supply and delivery of approximately 7,000 tonnes of 75mm-200mm cobbles to the Port Union Waterfront Improvement Project (Phase 2), City of Toronto, be awarded to Glenn Windrem Trucking for a total unit price of $28.45 per tonne and a total cost not to exceed $199,150.00, plus HST, it being the lowest bid meeting Toronto and Region Conservation Authority (TRCA) specifications. CARRIED BACKGROUND The Port Union Waterfront Improvement Project (Phase 2) is located south of Lawrence Avenue east, along the Lake Ontario shoreline between Chesterton Shores and the Rouge River in the City of Toronto. The project will consist of approximately 1.6 km of shoreline protection, trails and parkland development. The preferred option through the Class Environmental Assessment process calls for the construction of six headlands, and seven cobble beach cell units. The cobbles will be used in the shoreline protection of beach cell units 6 and 7.
RATIONALE Tender packages were sent to nine suppliers as follows: z Glenn Windrem Trucking; z Stonescape Quarry; z J.C. Rock Limited; z Dufferin Aggregates; z Lafarge Aggregates; z Nelson Aggregate Company; z Brock Aggregates; z Fowler; z Greenwood Ready Mix & Aggregates.
Tender RSD10-22 was publicly advertised in the Daily Commercial News on June 21, 2010. The Tender Opening Committee opened tenders on July 9, 2010 with the following results:
429 Tender RSD10-22 Supply and Delivery of Approximately 7,000 Tonnes of 75mm – 200mm Cobbles
BIDDERS TOTAL UNIT TOTAL VALUE PRICE OF CONTRACT (per tonne for (plus HST) 7,000 tones) Glenn Windrem Trucking $28.45 $199,150.00 Fowler $28.75 $201,250.00 Nelson Aggregates Co. $29.17 $204,190.00 Dufferin Aggregates $31.62 $221,340.00 J.C. Rock Ltd. $31.75 $222,250.00 Larfarge North America Inc. $59.37 $415,590.00
Based on the bids received, staff recommend that Glenn Windrem Trucking be awarded Contract RSD10-22 for the supply and delivery of approximately 7,000 tonnes of 75mm -200mm cobbles for the unit cost of $28.45 per tonne and a total amount not to exceed $199,150.00, plus HST, as they are the lowest bidder that meets TRCA specifications.
FINANCIAL DETAILS Funds are available within account #224-70 from The Toronto Waterfront Revitalization Corporation.
Report prepared by: James Dickie, 416-392-9702 Emails: [email protected] For Information contact: Joe Delle Fave, 416-392-9724 Emails: [email protected] Date: July 12, 2010
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RES.#A128/10 - GREENLANDS ACQUISITION PROJECT FOR 2006-2010 Flood Plain and Conservation Component, Humber River Watershed Solmar Development Corporation, CFN 44353. Acquisition of property located, west of Coleraine Drive and north of Mayfield Road in the Town of Caledon, Regional Municipality of Peel, under the 'Greenlands Acquisition Project for 2006-2010', Flood Plain and Conservation Component, Humber River watershed.
Moved by: Suzan Hall Seconded by: Maria Augimeri
430 THAT 3.93 hectares (9.71 acres), more or less, of vacant land, being Part of East Half Lot 2, Concession 5 (Geographic Township of Albion, County of Peel) and designated as Block 3 on draft R-Plan prepared by Krcmar, Ontario Land Surveyors under job no. 05-974, west of Coleraine Drive and north of Mayfield Road, Town of Caledon, Regional Municipality of Peel, be purchased from the Solmar Development Corporation;
THAT the purchase price be $2.00;
THAT Toronto and Region Conservation Authority (TRCA) receive conveyance of the land free from encumbrance, subject to existing service easements;
THAT the firm of Gardiner Roberts LLP, Barristers & Solicitors, be instructed to complete the transaction at the earliest possible date. All reasonable expenses incurred incidental to the closing for land transfer tax, legal costs, and disbursements are to be paid;
AND FURTHER THAT the authorized TRCA officials be directed to take whatever action may be required to give effect thereto, including the obtaining of necessary approvals and the signing and execution of any documents. CARRIED BACKGROUND Resolution #A260/05 at Authority Meeting #9/05, held on November 25, 2005, approved the Greenlands Acquisition Project for 2006-2010.
Negotiations have been conducted with Mr. Maurizio Rogato of Solmar Development Corporation.
Attached is a plan showing the location of the subject lands.
RATIONALE The subject property is valleyland. The subject property falls within TRCA’s approved master plan for acquisition for the Humber River watershed as outlined in the approved Greenlands Acquisition Project for 2006-2010.
TAXES AND MAINTENANCE Based on the realty taxes paid on adjacent TRCA-owned lands, it is estimated that the taxes will be approximately $100. The addition of the subject parcel will not significantly impact TRCA's maintenance costs at this location.
FINANCIAL DETAILS Funds for the costs related to the purchase are available in the TRCA land acquisition capital accounts.
Report prepared by: Edlyn Wong, extension 5711 Emails: [email protected] For Information contact: Mike Fenning, extension 5223, Edlyn Wong, extension 5711 Emails: [email protected] [email protected] Date: July 12, 2010 Attachments: 1 431 Attachment 1
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432 RES.#A129/10 - FRENCHMAN'S BAY - WEST ROUGE CANOE CLUB Licence Agreement Extension, CFN 26339. To extend the temporary licence agreement with the West Rouge Canoe Club for the existing location on the west spit of Frenchman's Bay in the City of Pickering for three years, renewable annually, commencing November 1, 2009.
Moved by: Suzan Hall Seconded by: Maria Augimeri
THAT the request to extend the temporary licence agreement with the West Rouge Canoe Club for a paddling facility on Frenchman's Bay for three years, renewable annually, commencing November 1, 2009, be approved, subject to conditions satisfactory to Toronto and Region Conservation Authority (TRCA) staff and solicitor;
THAT authorized TRCA officials be directed to take whatever action is required to implement the license agreement extension, including obtaining any necessary approvals and signing and execution of documents;
AND FURTHER THAT the City of Pickering and Pickering Harbour Company be so advised by the CAO's Office. CARRIED BACKGROUND In April 1994, the West Rouge Canoe Club (WRCC) established a paddling facility on the west spit of Frenchman's Bay on lands owned by TRCA. The facility consisted of two trailers on wheels for the temporary storage of canoes and kayaks, and a parking area for three to five cars. The facility was approved by TRCA and Pickering Council. Extensions to that approval have been granted by Pickering Council and TRCA from 1995 through 2009.
At Authority Meeting #5/07, held on June 22, 2007, Resolution #A141/07 was approved as follows:
THAT the request to extend the temporary licence agreement with the West Rouge Canoe Club for a paddling facility on Frenchman's Bay for three years commencing November 1, 2006, be approved subject to conditions satisfactory to Toronto and Region Conservation Authority (TRCA) staff and solicitor;
THAT the appropriate TRCA officials be authorized and directed to take whatever action is required in connection with the continuation of the West Rouge Canoe Club paddling facility on TRCA-owned lands, including the execution of appropriate documents;
AND FURTHER THAT the City of Pickering be so advised.
On February 27, 2010, TRCA received a request from the West Rouge Canoe Club to extend this temporary licence agreement for the next three years. On April 8, 2010, TRCA notified City of Pickering of the lease extension request. City of Pickering staff prepared a report (Report PF12-10) for consideration by the Planning and Development Committee on May 3, 2010. At the City of Pickering Council Meeting held on May 17, 2010, the Council Decision was recorded as Resolution #87/10: 433 1. THAT the request of the West Rouge Canoe Club to extend its lease agreement with the Toronto and Region Conservation Authority for three years on an annual basis commencing with the period November 1, 2009, to October 31, 2010 and expiring October 31, 2012, to accommodate a temporary compound on the west spit of Frenchman's Bay for the storage, within trailers, of canoes and kayaks associated with the club's paddling facility, be supported by Council, and
2. Further, that the City Clerk forward a copy of Report PD 12-10 to the Toronto and Region Conservation Authority.
RATIONALE TRCA staff, City of Pickering staff and the WRCC are currently investigating opportunities for a permanent seasonal facility, consistent with TRCA/Pickering waterfront plans. A potential site location is being reviewed to relocate the WRCC further west of their current site to an area designated in the Rotary Frenchman's Bay West Park Development Plan for boat launching and public water access. Once a proposal has been received from WRCC, the matter will be considered by both the City of Pickering and TRCA. Until that time, City of Pickering and TRCA staff recommend that the licence agreement for the current site be renewed.
Pickering Harbour company will be notified of the licence agreement extension as owners of the abutting lake bed of Frenchman's Bay.
Staff, upon approval by the Authority, will prepare and execute the necessary documents for extension of the licence agreement on an annual basis, commencing with the period November 1, 2009 to October 31, 2010.
FINANCIAL DETAILS WRCC will continue to pay annually $500 rent for the next three year lease period.
WRCC will continue to cover the costs of one portable toilet which will be accessible to park users, and any additional costs deemed appropriate to cover TRCA property taxes for the site area.
WRCC also agrees to assist TRCA with on site clean-up and assist in monitoring any activities deemed detrimental to the public's enjoyment of this area.
WRCC will also maintain the trailers to the satisfaction of TRCA staff.
Report prepared by: Connie Pinto, extension 5387 Emails: [email protected] For Information contact: Connie Pinto, extension 5387 Emails: [email protected] Date: July 5, 2010
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434 ORDER OF AGENDA RES.#A130/10
Moved by: Jack Heath Seconded by: Linda Pabst
THAT item AUTH7.13 - Growing Durham, be moved up in the agenda.
RES.#A131/10 - GROWING DURHAM Reporting back on draft Toronto and Region Conservation Authority resolution regarding provincial draft modifications to Durham Regional Official Plan Amendment 128 and the Carruthers Creek headwaters.
Moved by: Colleen Jordan Seconded by: Linda Pabst
WHEREAS on July 25, 2008 Toronto and Region Conservation Authority (TRCA) recommended, when commenting on the Growing Durham planning process leading up to Durham Region Official Plan Amendment 128, that TRCA reaffirm its commitment to support the Duffins Creek and Carruthers Creek Task Force recommendation that a precautionary approach be taken toward the upper Carruthers Creek watershed, in order to protect the remaining environmental attributes and prevent potentially expensive infrastructure remediation projects in the lower reaches of the creek in the existing downstream Ajax community;
AND WHEREAS TRCA advised that the proposed settlement boundary expansion associated with the Carruthers Creek headwaters is premature until all aspects of the provincial growth plan including an environmental analysis have been addressed and that a watershed plan for Duffins Creek and Carruthers Creek be completed prior to the approval of the regional and local official plan amendment approving development for Northeast Pickering;
AND WHEREAS TRCA staff advised in the Authority report of March 27, 2009 in responding to the policies in the Durham draft Official Plan Amendment (OPA) that TRCA planning staff is satisfied that updating the watershed plan prior to expanding urban boundaries at the local municipal level represents sound and reasonable environmental planning;
AND WHEREAS a watershed study for the Carruthers Creek has not been undertaken in support of the Amendment;
AND WHEREAS on March 12, 2010 the Ministry of Municipal Affairs and Housing (MMAH) issued a draft decision on Regional Official Plan Amendment (ROPA) 128 which proposes a number of modifications to the Amendment and whereas the draft decision proposes to delete the proposed Northeast Pickering Urban area from the Amendment;
AND WHEREAS the criteria for the Greenbelt expansions include that the land be contiguous to the Greenbelt, include agricultural uses, protect natural connections and build upon the Growth Plan of the Greater Golden Horseshoe; 435 AND WHEREAS TRCA when commenting on the draft regulations for expansion of the Greenbelt advised that headwaters areas with little Greenbelt protection be considered as prime locations for Greenbelt expansion;
AND WHEREAS the Headwaters of the Carruthers Creek are contiguous to the Greenbelt, contain agricultural lands and important environmental features;
AND WHEREAS Ajax Council on May 25, 2010, when commenting on the MMAH draft decision requested that the whitebelt lands in Northeast Pickering be incorporated into the Greenbelt;
THEREFORE LET IT BE RESOLVED THAT TRCA reiterate its position that an update to A Watershed Plan for the Duffins Creek and Carruthers Creek needs to be completed prior to the local OPA for urban boundary expansion, in order to assess the environmental carrying capacity of the watershed, define a sustainable natural heritage system and address potential flooding and erosion impacts to downstream residents and infrastructure - consistent with other watershed plan recommendations for the Rouge and Humber rivers;
THAT a Greenbelt designation for any new lands proposed to be added to the Greenbelt could only occur pursuant to a comprehensive, municipally-led planning process for Greenbelt boundary adjustment, as required by the provincial criteria for Growing the Greenbelt;
THAT TRCA supports the draft modification of Durham Region OPA 128 from MMAH, with slight revisions, to require the Durham Official Plan to contain a policy directing its local municipalities to deregister plans of subdivision that have been registered for eight years or more and do not meet the growth management or environmental objectives of the ROP, and require that approvals of draft plans of subdivision include a lapsing date, and require a similar policy to be included in the Durham ROP at its next update;
AND FURTHER THAT MMAH, Region of Durham, City of Pickering, Town of Ajax and interested organizations such as Sierra Club, Environmental Defence and Greenbelt Foundation be so advised.
AMENDMENT #1
Moved by: Colleen Jordan Seconded by: Suzan Hall
THAT the eleventh paragraph of the main motion be amended to read:
THEREFORE LET IT BE RESOLVED THAT TRCA reiterate its position that an update to A Watershed Plan for the Duffins Creek and Carruthers Creek needs to be completed prior to the regional and local OPA for urban boundary expansion, in order to assess the environmental carrying capacity of the watershed, define a sustainable natural heritage system and address potential flooding and erosion impacts to downstream residents and infrastructure - consistent with other watershed plan recommendations for the Rouge and Humber rivers; 436 RECORDED VOTE Maria Augimeri Yea David Barrow Nay Bryan Bertie Nay Laurie Bruce Nay Mike Del Grande Nay Pamela Gough Yea Suzan Hall Yea Jack Heath Nay Colleen Jordan Yea Peter Milczyn Yea Ron Moeser Yea Gerri Lynn O'Connor Nay Linda Pabst Nay John Parker Nay Anthony Perruzza Yea John Sprovieri Nay Richard Whitehead Nay
AMENDMENT #2 RES.#A132/10
Moved by: Colleen Jordan Seconded by: Suzan Hall
THAT the seventh paragraph of the main motion be moved to be the twelfth paragraph of the main motion and be amended to read:
THAT TRCA reiterate it comments made April 25, 2008 when commenting on the draft regulations for expansion of the Greenbelt that headwaters areas with little Greenbelt protection be considered as prime locations for Greenbelt expansion;
RECORDED VOTE Maria Augimeri Yea David Barrow Nay Bryan Bertie Yea Laurie Bruce Yea Mike Del Grande Yea Pamela Gough Nay Suzan Hall Yea Jack Heath Nay Colleen Jordan Yea Peter Milczyn Yea Ron Moeser Yea Gerri Lynn O'Connor Nay Linda Pabst Nay
437 RECORDED VOTE Cont'd John Parker Nay Anthony Perruzza Yea John Sprovieri Nay Richard Whitehead Nay
AMENDMENT #1 WAS NOT CARRIED
AMENDMENT #2 WAS CARRIED
THE MAIN MOTION, AS AMENDED, WAS CARRIED
THE RESULTANT MOTION READS AS FOLLOWS: WHEREAS on July 25, 2008 Toronto and Region Conservation Authority (TRCA) recommended, when commenting on the Growing Durham planning process leading up to Durham Region Official Plan Amendment 128, that TRCA reaffirm its commitment to support the Duffins Creek and Carruthers Creek Task Force recommendation that a precautionary approach be taken toward the upper Carruthers Creek watershed, in order to protect the remaining environmental attributes and prevent potentially expensive infrastructure remediation projects in the lower reaches of the creek in the existing downstream Ajax community;
AND WHEREAS TRCA advised that the proposed settlement boundary expansion associated with the Carruthers Creek headwaters is premature until all aspects of the provincial growth plan including an environmental analysis have been addressed and that a watershed plan for Duffins Creek and Carruthers Creek be completed prior to the approval of the regional and local official plan amendment approving development for Northeast Pickering;
AND WHEREAS TRCA staff advised in the Authority report of March 27, 2009 in responding to the policies in the Durham draft Official Plan Amendment (OPA) that TRCA planning staff is satisfied that updating the watershed plan prior to expanding urban boundaries at the local municipal level represents sound and reasonable environmental planning;
AND WHEREAS a watershed study for the Carruthers Creek has not been undertaken in support of the Amendment;
AND WHEREAS on March 12, 2010 the Ministry of Municipal Affairs and Housing (MMAH) issued a draft decision on Regional Official Plan Amendment (ROPA) 128 which proposes a number of modifications to the Amendment and whereas the draft decision proposes to delete the proposed Northeast Pickering Urban area from the Amendment;
AND WHEREAS the criteria for the Greenbelt expansions include that the land be contiguous to the Greenbelt, include agricultural uses, protect natural connections and build upon the Growth Plan of the Greater Golden Horseshoe;
AND WHEREAS the Headwaters of the Carruthers Creek are contiguous to the Greenbelt, contain agricultural lands and important environmental features; 438 AND WHEREAS Ajax Council on May 25, 2010, when commenting on the MMAH draft decision requested that the whitebelt lands in Northeast Pickering be incorporated into the Greenbelt;
THEREFORE LET IT BE RESOLVED THAT TRCA reiterate its position that an update to A Watershed Plan for the Duffins Creek and Carruthers Creek needs to be completed prior to the local OPA for urban boundary expansion, in order to assess the environmental carrying capacity of the watershed, define a sustainable natural heritage system and address potential flooding and erosion impacts to downstream residents and infrastructure - consistent with other watershed plan recommendations for the Rouge and Humber rivers;
THAT TRCA reiterate it comments made April 25, 2008 when commenting on the draft regulations for expansion of the Greenbelt that headwaters areas with little Greenbelt protection be considered as prime locations for Greenbelt expansion;
THAT a Greenbelt designation for any new lands proposed to be added to the Greenbelt could only occur pursuant to a comprehensive, municipally-led planning process for Greenbelt boundary adjustment, as required by the provincial criteria for Growing the Greenbelt;
THAT TRCA supports the draft modification of Durham Region OPA 128 from MMAH, with slight revisions, to require the Durham Official Plan to contain a policy directing its local municipalities to deregister plans of subdivision that have been registered for eight years or more and do not meet the growth management or environmental objectives of the ROP, and require that approvals of draft plans of subdivision include a lapsing date, and require a similar policy to be included in the Durham ROP at its next update;
AND FURTHER THAT MMAH, Region of Durham, City of Pickering, Town of Ajax and interested organizations such as Sierra Club, Environmental Defence and Greenbelt Foundation be so advised.
BACKGROUND At Executive Committee Meeting #4/10, held on June 4, 2010, Resolution #B65/10 was approved as follows:
THAT the following be referred to staff for report back:
WHEREAS on July 25, 2008 Toronto and Region Conservation Authority (TRCA) recommended, when commenting on Durham Region Official Plan Amendment 128, that TRCA reaffirm its commitment to support the Duffins Creek and Carruthers Creek Task Force recommendation that a precautionary approach be taken toward the upper Carruthers Creek watershed, in order to protect the remaining environmental attributes and prevent potentially expensive infrastructure remediation projects in the lower reaches of the creek in the existing downstream Ajax community;
439 AND WHEREAS TRCA advised that the proposed settlement boundary expansion associated with the Carruthers Headwaters is premature until all aspects of the provincial growth plan including an environmental analysis have been addressed and that a watershed plan for Duffins Creek and Carruthers Creek be completed prior to the approval of the regional and local official plan amendment approving development for Northeast Pickering;
AND WHEREAS a watershed study for the Carruthers Creek has not been undertaken in support of the Amendment;
AND WHEREAS on March 12, 2010 the Ministry of Municipal Affairs and Housing issued a draft decision on Regional Official Plan Amendment (ROPA) 128 which proposes a number of modifications to the Amendment and whereas the draft decision proposes to delete the proposed Northeast Pickering Urban area from the Amendment;
AND WHEREAS the criteria for the Greenbelt expansions include that the land be contiguous to the Greenbelt, include agricultural uses, protect natural connections and build upon the Growth Plan of the Greater Golden Horseshoe;
AND WHEREAS TRCA when commenting on the draft regulations for expansion of the Greenbelt advised that headwaters areas with little Greenbelt protection be considered as prime locations for Greenbelt expansion;
AND WHEREAS the Headwaters of the Carruthers Creek are contiguous to the Greenbelt, contain agricultural lands, significant environmental features and are not necessary for development within the 2031 planning horizon of the Durham Regional Official Plan;
AND WHEREAS Ajax Council on May 25, 2010, when commenting on the Ministry of Municipal Affairs and Housing draft decision requested that the whitebelt lands in Northeast Pickering be incorporated into the Greenbelt;
THEREFORE LET IT BE RESOLVED THAT TRCA supports the draft modification of Durham Region OPA 128 from the Ministry of Municipal Affairs and Housing to delete the proposed Northeast Pickering urban area;
THAT TRCA supports that the lands in Northeast Pickering containing the headwaters of Carruthers Creek be incorporated into the Greenbelt;
AND FURTHER THAT the Ministry of Municipal Affairs and Housing, Region of Durham, City of Pickering, Town of Ajax, and interested organizations such as Sierra Club, Environmental Defence and Greenbelt Foundation be so advised.
440 Staff has previously reported to the Authority at various phases of the "Growing Durham" initiative on three separate occasions: July 2008, October 2008 and March 2009. The Growing Durham initiative is the planning process of the Regional Municipality of Durham to amend their official plan to be in conformity with the provincial "Places to Grow" (P2G) Growth Plan for the Greater Golden Horseshoe. One of the main outcomes of this planning process was to recommend the addition of new P2G "whitebelt" lands into the regional urban boundary in order to accommodate population and employment growth forecast to the 2031 planning horizon. A key issue for TRCA was the proposed addition of whitebelt lands in north east Pickering into the regional urban boundary, encompassing the headwaters of the Carruthers Creek watershed - what would be the environmental impacts? what would be the downstream flooding and erosion impacts? when would be the appropriate time to address these impacts through an updated watershed plan: before or after the regional official plan amendment?
Despite Authority recommendations that an update to the watershed plan be completed prior to adoption of the ROPA and the addition of whitebelt lands into the urban boundary, it was adopted as ROPA 128 by Regional Council in June 2009, prior to undertaking an updated watershed plan but including a policy requiring a watershed plan be completed/updated prior to the local municipality adopting their own local OPA to bring lands into the local municipal urban boundary. Before ROPA 128 takes effect it must be approved by the provincial Ministry of Municipal Affairs and Housing. MMAH did a further round of public and agency consultation on the adopted ROPA 128, wherein TRCA submitted the previous Authority reports and resolutions as our input. Subsequently, MMAH released a draft letter to the Region in March, 2010 outlining the provincial position on ROPA 128. This included a number of wording amendments, as well as their more substantial proposed modification to remove the north east Pickering expansion lands from ROPA 128, as they were deemed premature at this time. In general, the provincial rational for removal of these lands was based on: use of a land budget methodology that over-estimated future employment growth and the resulting land base needed, residential greenfield density targets not being adequately met, lack of a comprehensive infrastructure and fiscal analysis for the recommended growth scenario, the proposed expansion lands not being contiguous to existing developed areas nor a sequential extension of growth, plus other technical considerations.
Following from the proposed provincial modifications to ROPA 128 Durham Council approved a response to the Province of Ontario in June, 2010. TRCA staff has not had the time to review this extensive work in detail. Staff's understanding is, however, that while some limited amount of employment lands have been agreed on for removal, the bulk of whitebelt lands in north east Pickering are still being recommended for inclusion to the urban boundary. The Province will now consider this submission from Durham and make their final determination on ROPA 128 modifications over the next few months.
Carruthers Creek Environmental Assessment Work TRCA's previous comments on the Growing Durham work resulted in an Authority resolution that is aligned with the provincial response to exclude the north east Pickering lands, but for different reasons. At Authority Meeting #8/08, held on October 24, 2008, Resolution #A236/08 was approved, in part, as follows:
441 ...THAT TRCA does not support the incorporation of lands in the headwaters of the Carruthers Creek watershed into the Durham Region 2031 urban boundary until such time as the following issues have been satisfactorily addressed: z completion of an update to A Watershed Plan for the Duffins Creek and Carruthers Creek to assess the environmental carrying capacity of the watershed, define a sustainable natural heritage system, and address potential flooding and erosion impacts to downstream residents and infrastructure,...
A portion of the work highlighted in this resolution is currently being investigated through the Carruthers Creek Environmental Assessment work.
When updated flood plain mapping was prepared by TRCA for the Carruthers Creek watershed between 2007 and 2009, a new and expanded Regional Storm Flood Plain was identified near the mouth of the creek within the Pickering Beach neighbourhood. The expanded flood plain is no longer contained within the valleyland system and now extends beyond the Carruthers Creek valleylands through the centre of the Pickering Beach neighbourhood into Lake Ontario. Pickering Beach is a historical neighbourhood at the mouth of the Carruthers Creek along the shoreline of Lake Ontario that had initially developed as a seasonal cottage community but which has transitioned to an urbanized permanent residential community within the Town of Ajax. The revised flood plain mapping is a concern to the residents of the area who now face flood risk and new development restrictions associated with flood plain lands.
To respond to residents' concerns, Town of Ajax staff was authorized by Ajax Council to obtain proposals for the initiation of an Environmental Assessment for the Carruthers Creek watershed. Town staff has identified that the purposes of the Environmental Assessment are to: z review and update the hydrology for the watershed as required; z identify potential risks to the hydrology for the watershed including approved urban areas and the long term potential for urbanization in the Carruthers Creek headwaters; z identify options to mitigate the downstream flood risks based on existing, approved and potential urban developments within the watershed; z identify solution(s) to mitigate/remediate the risk of flooding within the watershed, and in particular, including a “Flood Remediation Area” within the Pickering Beach neighbourhood.
A Request for Proposals has been issued by the Town with consultant selection and commencement of the study anticipated this summer leading to a final report in late spring/early summer 2011.
442 Common Issue Across TRCA Watersheds The issue of new development extending further up the watersheds, and the resulting concerns for downstream flooding and erosion impacts are not unique to Durham. Recently updated watershed plans for the Etobicoke Creek, and Rouge, Don and Humber rivers watersheds have all shown modelling results that predict increasing flooding and erosion impacts to downstream residents and infrastructure. TRCA staff has been consistent in advocating through the York Region OPA planning process, for example, as well as the local municipal OPA process in Vaughan and Markham, of the need for updated hydraulic studies in the Humber and Rouge rivers to confirm staff's opinion that regional level stormwater controls will be needed for new developments, prior to decisions being made about future urban growth. Although TRCA staff support intensification of development as good planning, there is an inherent conflict that more intense development will generate more impervious surfaces, more storm run-off and greater need to manage the potential for increased flood and erosion hazards downstream. This will mean a new way of doing development in the whitebelt lands to mitigate these impacts, such as the incorporation of greenroofs or low impact development using best management practices such as rainwater harvesting for indoor use, or using rain barrels, grass swales or rear yard ponding as lot level controls to manage for water balance. It may involve more innovative, costly or land intensive measures for volume control such as underground storage tanks, "3rd pipe" infiltration systems or much larger stormwater ponds. If climate change results in greater duration, intensity and frequency of heavy rain events, or a shift in seasonal timing to more rain events when the ground is already saturated or frozen, "business as usual" development practices will increase the risk of flooding to downstream residents and increase the risk of erosion undermining and blowing out the extensive infrastructure investments in sewer and water pipes or bridge piers in creeks and valleys.
Not only will new development need to be done differently to prevent flooding and erosion hazards, but also redevelopment within the existing urban boundary will need to become more proactive in managing for stormwater. Maintenance and retrofits to existing storm ponds will need to be undertaken as well as possible land-consumptive regional controls. TRCA is advocating through the York Region and local municipal OPA processes that comprehensive master environmental servicing plans (MESP) be undertaken when large areas within the existing urban boundary are proposed to be redeveloped. The EA process described above for the Carruthers Creek in Ajax is another example of the work that will need to be undertaken within the existing urban areas to mitigate stormwater impacts from redevelopment and intensification, as well as the additional work and controls needed for new upstream greenfield developments.
Roles and Mandate of Conservation Authorities In respect of the draft resolution that was referred back to staff for this report, it is important to remind Authority members of what are and are not the defined roles of a conservation authority.
443 In terms of land use approvals for applications under the Planning Act, such as official plan amendments, zoning by-laws and amendments, draft plans of subdivision, consents (severances) and minor variances, the municipality is generally the approval authority (the Province still is for major, comprehensive regional OPAs). TRCA, or conservation authorities in general, are "commenting agencies" in the Planning Act process and we provide our comments and recommendations to the municipality. The municipality makes the choice to accept or reject the recommendations of a conservation authority. Specifically, TRCA has an MOU (memorandum of understanding) with Durham Region to provide planning advice and technical clearance on environment-related issues. In that regard, TRCA comments that adding north east Pickering lands into the urban boundary is premature, based on the unknown extent of environmental implications of development to the headwaters ecosystem, are within the scope of our mandate.
TRCA also has delegated authority from the Province to ensure that provincial interests with respect to natural hazards such as flooding and erosion hazards and hazardous sites are properly managed to avoid or minimize risk to life, property and public financial liability from improperly planned or sited development. TRCA provides comments to municipalities on behalf of the Province in this sphere, and thus TRCA's comments generally carry more weight than just recommendations. TRCA's role in this regard has led to extensive discussions with provincial and municipal staff across the TRCA jurisdiction in seeking appropriate solutions to proposed intensification of development within special policy areas (SPA). Similar to above, TRCA comments that adding north east Pickering lands into the urban boundary is premature, based on the uncertainty of the extent and severity of downstream flooding and erosion impacts, is well within the scope of TRCA's mandate.
Lastly, TRCA also has a regulatory role through the Conservation Authorities Act and Regulation 166/06 to administer a permitting process for the "Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation". While not strictly at play at the ROPA level of planning, TRCA is always careful to ensure our permitting requirements are recognized through the Planning Act process to avoid the situation of having a development application approved in an area where staff could not support a permit application. Currently, staff has no technical or scientific basis to say that a permit within the Carruthers Creek headwaters area could not be supported. This led to the recommendation that further technical work, through an updated watershed plan, would be beneficial prior to adopting OPA 128, in order to provide a scientifically defensible analysis and opinion of how much development could occur and under what circumstances, such as the level of stormwater controls necessary to prevent downstream flooding and erosion hazards.
Clause by Clause Analysis of Draft Resolution Resolution #B65/10 directed that the draft resolution be referred to staff for a report back to the Authority. Staff has undertaken a clause by clause analysis of the draft resolution to check for factual correctness and consistency with previous TRCA resolutions and staff opinions on this topic. In general, staff finds that the resolution needs a number of modifications to achieve this consistency and factual correctness. Editorial commentary has been provided to explain the changes being proposed by staff. Lastly, staff recommend adding one additional clause to the resolution, emanating from the draft provincial modifications to OPA 128, as described below.
444 WHEREAS on July 25, 2008 Toronto and Region Conservation Authority (TRCA) recommended, when commenting on Durham Region Official Plan Amendment 128, that TRCA reaffirm its commitment to support the Duffins Creek and Carruthers Creek Task Force recommendation that a precautionary approach be taken toward the upper Carruthers Creek watershed, in order to protect the remaining environmental attributes and prevent potentially expensive infrastructure remediation projects in the lower reaches of the creek in the existing downstream Ajax community;
Generally correct, however, technically this was the Growing Durham planning process prior to it becoming OPA 128. Minor change to reflect this fact is recommended.
AND WHEREAS TRCA advised that the proposed settlement boundary expansion associated with the Carruthers Creek headwaters is premature until all aspects of the provincial growth plan including an environmental analysis have been addressed and that a watershed plan for Duffins Creek and Carruthers Creek be completed prior to the approval of the regional and local official plan amendment approving development for Northeast Pickering;
This part of the July 25, 2008 resolution was amended at the direction of the Authority to include the word "regional and" in front of "local official plan amendment". In a subsequent staff report to the Authority dated March 27, 2009, in providing comments on Durham's final proposed OPA, staff reported that the amendment contained policies requiring an approved watershed plan at the OPA stage of urban boundary expansion at the local municipal level. The TRCA staff report indicated that "TRCA planning staff is satisfied that updating the watershed plan prior to expanding urban boundaries at the local municipal level represents sound and reasonable environmental planning." Staff therefore recommend an additional clause as follows:
AND WHEREAS TRCA staff advised in their Authority report of March 27, 2009 in responding to the policies in the Durham draft OPA that TRCA planning staff is satisfied that updating the watershed plan prior to expanding urban boundaries at the local municipal level represents sound and reasonable environmental planning;
AND WHEREAS a watershed study for the Carruthers Creek has not been undertaken in support of the Amendment;
AND WHEREAS on March 12, 2010 the Ministry of Municipal Affairs and Housing issued a draft decision on Regional Official Plan Amendment (ROPA) 128 which proposes a number of modifications to the Amendment and whereas the draft decision proposes to delete the proposed Northeast Pickering Urban area from the Amendment;
AND WHEREAS the criteria for the Greenbelt expansions include that the land be contiguous to the Greenbelt, include agricultural uses, protect natural connections and build upon the Growth Plan of the Greater Golden Horseshoe;
445 Staff agree that these clauses are factual, although the last clause contains only selected criteria (see below). Additionally, the middle clause is correct, but the reason for the proposed deletion of the lands by the Province is for land budget and other reasons and not environmental reasons. No change recommended.
AND WHEREAS TRCA when commenting on the draft regulations for expansion of the Greenbelt advised that headwaters areas with little Greenbelt protection be considered as prime locations for Greenbelt expansion;
Correct. However, when commenting on the draft Greenbelt Plan in 2004 staff recommended four specific areas be added into the Greenbelt, and this did not include Carruthers Creek headwaters. No changes recommended to this clause.
AND WHEREAS the Headwaters of the Carruthers Creek are contiguous to the Greenbelt, contain agricultural lands, significant environmental features and are not necessary for development within the 2031 planning horizon of the Durham Regional Official Plan;
Partially correct. TRCA has done no independent analysis to verify whether or not the lands are necessary for development within the 2031 planning horizon. This is not a role for TRCA but is an issue to be resolved between the Region of Durham and the Province of Ontario. Staff recommend removing this last part of the clause.
AND WHEREAS Ajax Council on May 25, 2010, when commenting on the Ministry of Municipal Affairs and Housing draft decision requested that the whitebelt lands in Northeast Pickering be incorporated into the Greenbelt;
Specific commentary within the May 20, 2010 Ajax staff report identified Northeast Pickering as a “principal town concern” with ROPA 128 and a “significant departure from Durham Region’s existing urban structure.” Town staff reiterated concern with impacts to watershed hydrology in terms of future flood events specifically tied to the Pickering Beach Neighbourhood; ecological impacts to the Natural Heritage characteristics of the watershed and potential infrastructure impacts within Ajax. Town staff also noted potential conflicts with the provisions of the Provincial Growth Plan, which prevent the establishment of ‘new settlement areas’. Town of Ajax staff conclude by stating that: “the province’s draft Decision to modify ROPA 128 to eliminate the principle of urban development within Northeast Pickering is strongly supported by staff.”
However, the process of Ajax making the request to include these lands in the Greenbelt does not meet the provincial criteria for "Growing the Greenbelt". This requires that a request to grow the Greenbelt be from a regional tier government (in a two-tier system - Durham in this case), supported by a council resolution, with a further resolution of support from the lower tier host municipality (in this case, Pickering). No change recommended.
THEREFORE LET IT BE RESOLVED THAT TRCA supports the draft modification of Durham Region OPA 128 from the Ministry of Municipal Affairs and Housing to delete the proposed Northeast Pickering urban area;
446 Staff recommend amending this draft clause to make it more consistent with previous TRCA resolutions and staff recommendations on this topic and reflective of the fact that this is a common concern across all TRCA watersheds. Staff recommend the clause be amended to read:
THEREFORE LET IT BE RESOLVED THAT TRCA reiterate its position that an update to A Watershed Plan for the Duffins Creek and Carruthers Creek needs to be completed prior to the local OPA for urban boundary expansion, in order to assess the environmental carrying capacity of the watershed, define a sustainable natural heritage system and address potential flooding and erosion impacts to downstream residents and infrastructure - consistent with other watershed plan recommendations for the Rouge and Humber rivers;
THAT TRCA supports that the lands in Northeast Pickering containing the headwaters of Carruthers Creek be incorporated into the Greenbelt;
Staff recommend amending this clause to be more consistent with the provincial criteria and process for Growing the Greenbelt, as follows:
THAT a Greenbelt designation for any new lands proposed to be added to the Greenbelt could only occur pursuant to a comprehensive, municipally-led planning process for Greenbelt boundary adjustment, as required by the provincial criteria for Growing the Greenbelt;
AND FURTHER THAT the Ministry of Municipal Affairs and Housing, Region of Durham, City of Pickering, Town of Ajax, and interested organizations such as Sierra Club, Environmental Defence and Greenbelt Foundation be so advised.
No change recommended.
As noted above, the provincial draft modifications proposed to Durham's ROPA 128 included an additional modification of interest to TRCA, that was not supported by Durham at this time. That proposed modification was the addition of a policy dealing with deregistration and subdivision approval lapsing provisions. The Province is proposing to add policies that would allow the Region or area municipality to deregister plans that have been registered for eight years or more and do not meet the growth management objectives of the ROP; and require that approvals of draft plans of subdivision include a lapsing date. The Region did not accept this policy because it has not been vetted through a full and complete public consultation process, nor have the implications on existing registered plans been analyzed. The Region may give consideration to reviewing this matter at a later time.
447 This issue is important to TRCA because of the number of old approved plans of subdivision, some dating back to the 1980s or earlier, that result in current applications for TRCA permits. These subdivisions were approved in an era of much less stringent environmental regulation, with many wetlands, significant woodlands and other environmental features being carved up into individual lots. TRCA staff has spent countless hours negotiating with landowners to alter their proposed developments in order to minimize impacts to the features and functions in order to be able to issue permits that meet the five tests of the Conservation Authorities Act. This process is frustrating for both TRCA staff and landowners, resulting in extensive delays for approvals, costly revisions to landowners' plans and a general sense that the planning "system" is broken in this area.
TRCA staff recognizes the valid concerns of Durham Region in not accepting the proposed modification at this time. However, TRCA believes that this does not preclude a policy in the Regional OP directing the local municipalities to contain such a policy in their official plan. In most cases the required analysis and consultation could be undertaken during this current round of local official plan updates and the Region could enact a similar provision in its own OP at its next OP update. In addition to the above-mentioned recommended amendments to the draft Authority resolution, staff therefore recommend adding a further clause to the resolution as follows:
THAT TRCA supports the draft modification of Durham Region OPA 128 from MMAH, with slight revisions, to require the Durham Official Plan to contain a policy directing its local municipalities to deregister plans of subdivision that have been registered for eight years or more and do not meet the growth management or environmental objectives of the ROP, and require that approvals of draft plans of subdivision include a lapsing date, and require a similar policy to be included in the Durham ROP at its next update;
Report prepared by: David Burnett, extension 5361 Emails: [email protected] For Information contact: David Burnett, extension 5361 Emails: [email protected] Date: July 19, 2010
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448 RES.#A133/10 - LOWER DON SPECIAL POLICY AREA Modifications to Special Policy Area Boundaries and Floodplain Management Policy Framework on Lands South of Keating Channel. The City of Toronto is amending the former City of Toronto Official Plan and Central Waterfront Secondary Plan (OPA 388) for the Lower Don Lands to implement the draft Don Mouth Naturalization and Port Lands Flood Protection Project Environmental Assessment. This will result in the "shifting" of land uses to accommodate the new river valley. The Authority is requested to endorse the replacement of the current "One Zone" and "Special Policy Area" flood plain management policy approach on the lands with that of a more appropriate "Two Zone Concept".
Moved by: Suzan Hall Seconded by: Maria Augimeri
THAT the request by the City of Toronto to amend the boundary of the Lower Don Special Policy Area designation, as described within Official Plan Amendment No. 388 be supported for approval by the Ministry of Municipal Affairs and Housing (MMAH) and Ministry of Natural Resources (MNR);
THAT the proposed Lower Don Two Zone Concept flood plain management policies to replace the existing Special Policy Area and One Zone flood plain management policies on the lands located south of the Keating Channel, west of the Don Roadway (excluding certain lands not in the flood plain), and north of the Ship Channel, inclusive of 480 Lake Shore Boulevard East, be endorsed;
THAT Toronto and Region Conservation Authority (TRCA) staff be directed to work with the City of Toronto and the Province of Ontario to refine the detailed Two Zone Concept policies and bring back the final policies for Authority adoption into TRCA’s planning and regulatory program implementation;
THAT staff be directed to update the Ontario Regulation 166/06 mapping for the Lower Don Lands to reflect updated floodplain modeling;
AND FURTHER THAT the City of Toronto, Toronto Waterfront Revitalization Corporation, MMAH and MNR be so advised. CARRIED BACKGROUND The recommendations in this report apply to the portion of the Lower Don Lands bounded by the Keating Channel to the north and the Don Roadway to the east, as well as lands known as 480 Lake Shore Boulevard East located between the railway, the Gardiner Expressway and the Don River, all in the City of Toronto (Attachment 1).
449 Provincial Flood Plain Policy Framework Section 3.1 of the Provincial Policy Statement (2005) establishes the policy framework for managing natural hazards, including flooding hazards. In accordance with provincial standards, flooding hazards may be managed through a One Zone Concept, Two Zone Concept or a Special Policy Area (SPA) approach. In general, the One Zone Concept is the primary provincial approach to managing flood risk through the planning process which essentially requires that no new development be permitted within the flood plain. In exceptional circumstances, a Two Zone Concept or SPA approach may be considered.
The Province has established procedures for assessing the suitability of applying the Two Zone Concept. Under this policy approach the flood plain is separated into two zones: the floodway, where the majority of the flow is conveyed, and the flood fringes which exist on both sides of the floodway. New development in the floodway is prohibited but development and site alteration in the flood fringe may be permitted, subject to specific conditions, including the requirement to protect new development to the level of the Regulatory flood, typically through controlled filling in the flood fringe. The feasibility of the Two Zone Concept requires the examination of a number of factors (e.g. impacts upstream and downstream of the site, feasibility of flood proofing, ingress/egress, servicing, etc.). The application of this approach is intended to be on a major reach basis. The policies and boundaries of a Two Zone Concept are determined through a consultative process between the municipality, the conservation authority and MNR technical staff, and implemented through amendments to a municipality’s Official Plan and Zoning By-law.
The Province also provides a mechanism known as a "Special Policy Area" designation to recognize the unique circumstances of historic communities that existed within flood vulnerable areas prior to the implementation of a provincial flood hazard planning policy and where the application of the One Zone approach would result in a significant socioeconomic impact, and where a Two Zone approach is not technically feasible. The Province has established procedures for assessing the suitability of this approach. The policies and boundaries of a SPA are determined through a consultative process between the municipality, the conservation authority, MNR and MMAH, and implemented through amendments to a municipality’s Official Plan and Zoning By-law, both of which must be approved by the Ministers of MNR and MMAH.
Existing Flood Plain Policy Framework In 1994, the City of Toronto was granted approval by MNR and MMAH to implement a Special Policy Area approach to the Lower Don area as part of the Province's overall approval of the Official Plan for the City of Toronto. The SPA designation was supported by TRCA and the boundaries extend from York Street in the west, Queen Street in the north, Leslie Street in the east, and Lake Ontario and part of the Port Lands north of the Ship Channel in the south (Attachment 2). The boundary of the SPA was reflective of the limit of the flood plain known at this time.
The remainder of the Lower Don Lands located within the floodplain are subject to One Zone policies.
450 Proposed Flood Plain Policy Framework Since 1994 considerable planning initiatives and flood modeling and remediation analyses has occurred in the Lower Don Lands culminating into the draft Individual Environmental Assessment for the Don Mouth Naturalization and Port Lands Flood Protection Project (DMNP EA, anticipated approval mid-2011) for the subject lands. Ultimately this project will transform the existing mouth of the Don River including the Keating Channel, into a healthier, more naturalized river outlet to the Toronto Inner Harbour and Lake Ontario, while at the same time permanently removing the risk of flooding to over 230 hectares of urban land to the east and south of the river. At Authority Meeting #4/10, held on May 21, 2010, Resolution #A74/10 was adopted, supporting the concept design for the preferred alternative as specified in the draft DMNP EA and its submission to the Minister of the Environment for approval. The preferred alternative was also supported by the City of Toronto on July 4, 2010. The City also requested that TRCA, in consultation with the City's Waterfront Secretariat, ensure that the proposed corridors of the new river valley and associated infrastructure in the Lower Don Lands are protected from encroachment by development.
Given TRCA's and the City of Toronto's support for an entirely new flood plain configuration in the Lower Don Lands, as well as direction given to staff through Resolution #A74/10, a new flood plain management planning policy regime is required. On July 4, 2010, the City of Toronto endorsed amending the former City of Toronto Official Plan and Central Waterfront Secondary Plan (OPA 388) for the Lower Don Lands to implement the DMNP EA and directed City staff to submit these documents, along with the required technical studies, to the Province as the basis for review and refinement of the draft amendments. These documents, in a refined format, were submitted to the Province on July 15, 2010.
In order to ensure that development that may compromise the implementation of the DMNP EA does not proceed, it is necessary to remove the Special Policy Area that applies to a portion of the Lower Don Special Policy Area located south of the Keating Channel, west of the Don Roadway and the portion of the SPA on the 480 Lake Shore Boulevard East lands, both of which total approximately 26 hectares (Attachment 2). The existing Special Policy Area would allow for development under existing zoning to occur, subject to floodproofing. Similarly, to ensure that minor additions to existing development that may compromise implementation of the DMNP EA do not proceed, it is necessary to remove the One Zone flood plain management policy from those lands located outside the Special Policy Area but which are subject to flooding based on updated modeling.
451 The City’s submission to the Province, with the support of TRCA staff, recommends replacing the SPA and One Zone area with a modified Two Zone Concept flood plain management planning policy approach (Attachment 1). This approach will prohibit all development on the proposed new river valley and associated 10 metre buffer while allowing a flexible approach to temporary uses in the remainder of the Port Lands to ensure the economic viability of these lands until the DMNP EA is implemented. Lands not in the floodplain slated for development as a City of Toronto Regional Sports Centre are excluded from the Two Zone Concept. The Two Zone Concept will require that the DMNP EA, or phases thereof, be implemented prior to of any development approvals for new uses as envisioned in OPA 388 being considered. The Two Zone concept is unique to the Lower Don Lands as the proposal is to cut to form a new primary river valley and then fill to contain any remaining flood fringe or spill areas, rather than simply fill the flood fringe. A comprehensive hydraulic analysis has been undertaken to ensure that there will be no up or downstream impacts. It is the opinion of TRCA staff that the application of the Two Zone Concept on the subject lands is appropriate and in keeping with provincial technical procedures, and therefore consistent with the Provincial Policy Statement (PPS), 2005.
TRCA Planning and Regulatory Policy and Program Implementation TRCA relies on the PPS 2005, the provincially approved Lower Don Special Policy Area policies, and the policies in TRCA's Valley and Stream Corridor Management Program (VSCMP), 1994, when reviewing planning and development applications within the Port Lands. TRCA also administers Ontario Regulation 166/06, 'Development, Interference with Wetlands and Alterations to Shorelines and Watercourses', under Section 28 of the Conservation Authorities Act, which is applicable to the subject lands. A permit from TRCA under Ontario Regulation 166/06 is required prior to any new development taking place and before a building permit is issued under the applicable law provisions of the Ontario Building Code Act. TRCA's regulatory implementation policies in the VSCMP are consistent with applicable provincial flood plain management approach. VSCMP and the mapping that supports the implementation of Ontario Regulation 166/06 will need to updated to be consistent with the proposed Two Zone Concept.
NEXT STEPS City and TRCA staff will be meeting with provincial staff on July 21, 2010 to discuss the City’s submission in support of OPA 388. A community public meeting with stakeholders is scheduled for July 22, 2010. It should be noted that the majority of the property within the Lower Don Lands is within public ownership. The Statutory Public meeting under the Planning Act is scheduled for August 17, 2010, with Council consideration of OPA 388 to occur on August 25/26, 2010. It is anticipated that the Province will have reviewed the submission and provided comments in advance of the Council meeting. Further refinement of the policy framework may occur as a result of this consultative process. TRCA staff propose to bring back the final detailed Two Zone policies to the Authority in order that they be formally adopted for implementation in TRCA’s planning and regulatory programs.
452 SUMMARY As part of the provincial procedures and approval process, a resolution from the Authority in support of the proposed amendment to the Lower Don Special Policy Area boundary, as described within Official Plan Amendment No. 388, is required by MMAH and MNR. The replacement of the SPA and One Zone flood plain management planning and regulatory approach on the subject lands with a Two Zone Concept framework will facilitate the implementation of the DMNP in accordance with the final approved Environmental Assessment, in a flood plain management planning approach that is consistent with the PPS, 2005. The proposed Two Zone Concept policy framework will ensure that the lands do not develop inappropriately prior to implementation of the flood remediation works, while allowing for some limited lands uses to continue to operate and some limited interim temporary uses.
Report prepared by: Steven Heuchert, extension 5311 and Laurie Nelson, extension 5281 Emails: [email protected] and [email protected] For Information contact: Steven Heuchert, extension 5311, Laurie Nelson, extension 5281 Emails: [email protected] and [email protected] Date: July 19, 2010 Attachments: 2
453 Attachment 1
454 Attachment 2
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455 RES.#A134/10 - LOWER DON SPECIAL POLICY AREA Modifications to Special Policy Area Boundaries on Lands North of Keating Channel. The City of Toronto is amending the former City of Toronto Official Plan and Central Waterfront Secondary Plan (OPA 388 and 389) for the downtown area to reflect the imminent completion of the Lower Don River West Remedial Flood Protection Project and the removal of the lands from the flood plain. The Authority is requested to endorse the removal of the Special Policy Area upon completion of the Flood Protection Landform and direct staff to update Ontario Regulation 166/06 Regulation Mapping.
Moved by: Suzan Hall Seconded by: Maria Augimeri
THAT the request by the City of Toronto to amend the boundary of the Lower Don Special Policy Area designation, as described within Official Plan Amendment No. 389 be supported for approval by the Ministry of Municipal Affairs and Housing (MMAH) and Ministry of Natural Resources (MNR);
THAT Toronto and Region Conservation Authority (TRCA) staff be directed to update the Ontario Regulation 166/06 mapping for the lands north of the Keating Channel and west of the Don River to reflect the removal of the flood plain upon completion of the Lower Don River West Flood Remedial Project;
AND FURTHER THAT the City of Toronto, Toronto Waterfront Revitalization Corporation (TWRC), MMAH and MNR be so advised. CARRIED BACKGROUND The recommendations in this report apply to the portion of the Lower Don Special Policy Area bounded by the Keating Channel to the south and the Don River to the east, excluding lands known as 480 Lake Shore Boulevard East, in the City of Toronto (Attachment 1). These lands are referred to as flood plain "Spill Zone 3" in the downtown core and the East Bayfront.
Provincial Flood Plain Planning Policy Framework Section 3.1 of the Provincial Policy Statement (PPS), 2005 establishes the policy framework for managing natural hazards, including flooding hazards. In accordance with provincial standards, flooding hazards may be managed through a One Zone Concept, Two Zone Concept or a Special Policy Area (SPA) approach. In general, the One Zone Concept is the primary provincial approach to managing flood risk through the planning process, which essentially requires that no new development be permitted within the flood plain. In exceptional circumstances, a Two Zone Concept or a SPA approach may be considered.
456 The Province of Ontario provides a mechanism known as a "Special Policy Area" designation to recognize the unique circumstances of historic communities that existed within flood vulnerable areas prior to the implementation of a provincial flood hazard planning policy and where the application of the One Zone approach would result in a significant socioeconomic impact, and where a Two Zone approach is not technically feasible. The Province has established procedures for assessing the suitability of this approach. The policies and boundaries of a SPA are determined through a consultative process between the municipality, the conservation authority, MNR and MMAH, and implemented through amendments to a municipality’s Official Plan and Zoning By-law, both of which must be approved by the Ministers of MMAH and MNR.
Existing Flood Plain Policy Framework In 1994, the City of Toronto was granted approval by MNR and MMAH to implement a Special Policy Area approach to the Lower Don area as part of the Province's overall approval of the Official Plan for the City of Toronto. The SPA designation was supported by TRCA and the boundaries extend from York Street in the west, Queen Street in the north, Leslie Street in the east, and Lake Ontario and part of the Port Lands north of the Ship Channel in the south, (Attachment 1).
Proposed Special Policy Area Boundary Adjustment Since 1994, considerable planning initiatives and flood modeling and remediation analyses has occurred in the Lower Don Lands. In 2005, the Ministry of the Environment approved the Lower Don River West Flood Remedial Project Environmental Assessment prepared by TRCA on behalf of TWRC. Since that time much of the preferred alternative to permanently flood protecting the eastern downtown core has been implemented or is underway. Specifically, the construction of the Flood Plain Landform (FPL) component of the flood protection works is being undertaken by Ontario Realty Corporation (ORC) on behalf of the Province of Ontario, TRCA and TWRC. It is expected that the project will be complete, and flood protection implemented, in late 2011.
As the flood plain will be removed from these lands upon completion of the FPL, the Special Policy Area designation on the West Don Lands will no longer be necessary. Given this, on July 4, 2010, the City of Toronto endorsed amending the former City of Toronto Official Plan and Central Waterfront Secondary Plan (OPA 389) to remove the Special Policy Area as a technical amendment to the Official Plan upon TRCA confirming that the lands are entirely flood protected and that TRCA has updated its Regulation mapping to reflect this.
OPA 389 also puts into place a framework for addressing site specific land use changes within the SPA in the interim. Under the PPS, such land use changes, especially those representing intensification, are not permitted without provincial approval. The City's proposed approach, with provincial support, is to place Holding designations on lands subject to land use changes so that development may not proceed in the flood plain until the lands are removed from the flood plain and the SPA is removed from the lands.
City Council directed City staff to submit the draft OPA 388 along with the required technical studies to the Province for review and approval. These documents were submitted to the Province on July 15, 2010. TRCA staff support the proposed approach and recommend that OPA 388 be endorsed.
457 TRCA Planning and Regulatory Policy and Program Implementation TRCA relies on the PPS 2005, the provincially approved Lower Don Special Policy Area policies and the policies of TRCA's Valley and Stream Corridor Management Program (VSCMP), 1994 when reviewing planning and development applications within the Port Lands. TRCA also administers Ontario Regulation 166/06, 'Development, Interference with Wetlands and Alterations to Shorelines and Watercourses', under Section 28 of the Conservation Authorities Act, which is applicable to the subject lands. A permit from TRCA under Ontario Regulation 166/06 is required prior to any new development taking place and before a building permit is issued under the applicable law provisions of the Ontario Building Code Act. TRCA's regulatory implementation policies in VSCMP are consistent with the applicable provincial flood plain management approach. The mapping that supports the implementation of Ontario Regulation 166/06 will need to be updated once the FPL is completed to reflect that the subject lands have been permanently removed from the flood plain. Accordingly, the subject lands will no longer be subject to Ontario Regulation 166/06.
NEXT STEPS City and TRCA staff will be meeting with provincial staff on July 21, 2010 to discuss the City’s submission in support of OPA 389. The Statutory Public meeting is scheduled for August 17, 2010, with Council consideration of OPA 389 to occur on August 25/26, 2010. It is anticipated that the Province will have reviewed the submission and provided comments in advance of the Council meeting.
SUMMARY As part of the provincial procedures and approval process, a resolution from the Authority in support of the proposed amendment to the Lower Don Special Policy Area boundary, as described within Official Plan Amendment No. 389, is required by MMAH and MNR. The proposed amendment to the SPA boundary following the completion of the FPL will reflect that the subject lands have been permanently removed from the flood plain. On this basis, the SPA designation will no longer be warranted, and therefore TRCA staff recommends support of OPA No. 389.
Report prepared by: Steve Heuchert, extension 5311, Laurie Nelson, extension 5281 Emails: [email protected], [email protected] For Information contact: Steve Heuchert, extension 531, Laurie Nelson, extension 5281 Emails: [email protected] and [email protected] Date: July 19, 2010 Attachments: 1
458 Attachment 1
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459 RES.#A135/10 - GREENLANDS ACQUISITION PROJECT FOR 2006-2010 Flood Plain and Conservation Component, Mimico Creek Watershed 1672500 Ontario Limited, CFN 44289. Purchase of property located west of Park Lawn Road, south of The Queensway (rear portions of 152, 154 and 156 Park Lawn Road), City of Toronto (Etobicoke York Community Council Area), under the "Greenlands Acquisition Project for 2006-2010", Flood Plain and Conservation Component, Mimico Creek watershed. (Executive Res.#B67/10)
Moved by: Ron Moeser Seconded by: Linda Pabst
THAT 0.12 hectares (0.31 acres), more or less, of vacant land being Part of Lots 285, 286, 287 and 288, Plan M-137 and designated as Parts 6, 7 and 8 on Plan 66R-24845, City of Toronto (Etobicoke York Community Council Area), located west of Park Lawn Road, south of The Queensway (rear portions of 152, 154 and 156 Park Lawn Road), be purchased from 1672500 Ontario Limited;
THAT the purchase price be $2.00 and Toronto and Region Conservation Authority (TRCA) will be responsible for survey costs and the vendor's reasonable legal fees;
THAT TRCA receive conveyance of the land free from encumbrance, subject to existing service easements;
THAT the firm of Gardiner Roberts LLP, Barristers & Solicitors, be instructed to complete the transaction at the earliest possible date. All reasonable expenses incurred incidental to the closing for land transfer tax, legal costs, and disbursements are to be paid;
AND FURTHER THAT authorized TRCA officials be directed to take whatever action may be required to give effect thereto, including the obtaining of necessary approvals and the signing and execution of any documents. CARRIED ______
RES.#A136/10 - CITY OF TORONTO Request for a Permanent Easement for Two Storm Sewer Outlets Don River Watershed, City of Toronto (North York Community Council Area), CFN 42854. Receipt of a request from the City of Toronto to provide permanent easements for two storm sewer outlets, north side of Finch Avenue, east of Dufferin Street, Don River watershed, City of Toronto (North York Community Council Area). (Executive Res.#B68/10)
Moved by: Ron Moeser Seconded by: Linda Pabst
460 WHEREAS Toronto and Region Conservation Authority (TRCA) is in receipt of a request from the City of Toronto to provide permanent easements for two storm sewer outlets, north side of Finch Avenue, east of Dufferin Street, Don River watershed, City of Toronto (North York Community Council Area);
AND WHEREAS it is in the best interest of TRCA in furthering its objectives as set out in Section 20 of the Conservation Authorities Act to cooperate with the City of Toronto in this instance;
THEREFORE LET IT BE RESOLVED THAT permanent easements containing a total of 0.15 hectares (0.37 acres), more or less, be granted to the City of Toronto for two storm sewer outlets, said land being Part of Lot 21, Concession 2 WYS, City of Toronto (North York Community Council Area), as shown on a plan entitled: 740 FINCH AVENUE WEST, prepared by City of Toronto - Technical Services, Survey and Mapping, under their Job No. 2009-1052;
THAT consideration be the nominal sum of $2.00, plus all legal, survey and other costs to be paid by the City of Toronto;
THAT the City of Toronto is to fully indemnify TRCA from any and all claims from injuries, damages or costs of any nature resulting in any way, either directly or indirectly, from the granting of these easements or the carrying out of construction;
THAT an archaeological investigation be completed, with any mitigative measures being carried out to the satisfaction of TRCA staff, at the expense of the City of Toronto;
THAT all TRCA lands disturbed by the proposed works be revegetated/stabilized following construction and, where deemed appropriate by TRCA staff, a landscape plan be prepared for TRCA staff review and approval in accordance with existing TRCA landscaping guidelines;
THAT a permit pursuant to Ontario Regulation 166/06 be obtained prior to commencement of construction;
THAT said easements be subject to approval of the Minister of Natural Resources in accordance with Section 21(2) of the Conservation Authorities Act, R.S.O. 1990, Chapter C.27, as amended;
AND FURTHER THAT authorized TRCA officials be directed to take whatever action may be required to give effect thereto, including the obtaining of necessary approvals and the signing and execution of any documents. CARRIED ______
461 RES.#A137/10 - REQUEST FOR DISPOSAL OF TORONTO AND REGION CONSERVATION AUTHORITY LAND North of King Street East, east of Old King Road (rear of 269 King Street East - Bolton), CFN 42978. Declaring surplus a parcel of Toronto and Region Conservation Authority land located north of King Street East, east of Old King Road (rear of 269 King Street East - Bolton, Town of Caledon, Regional Municipality of Peel, Humber River watershed. (Executive Res.#B69/10)
Moved by: Ron Moeser Seconded by: Linda Pabst
THAT a parcel of Toronto and Region Conservation Authority (TRCA) land consisting of 0.001 hectares (0.003 acres), more or less, being Part of Lot G, Block 1, Plan BOL-7, shown as a portion of Part 3 on Plan 43R-13764, located north of King Street East, east of Old King Road (rear of 269 King Street East - Bolton), Town of Caledon, Regional Municipality of Peel, Humber River watershed be declared surplus to the requirements of TRCA;
THAT staff enter into negotiations with Bill and Gillian Smillie, owner's of 269 King Street East, Bolton, for the sale of a parcel of TRCA land to resolve the long standing encroachment on TRCA property;
AND FURTHER THAT a report be brought forward to the Executive Committee at a future date with the results of the negotiations. CARRIED ______
RES.#A138/10 - ASSOCIATION OF MUNICIPALITIES OF ONTARIO POSITION PAPER Joint and Several Liability. Recommends support for Association of Municipalities of Ontario position paper on issue of joint and several liability. (Executive Res.#B70/10)
Moved by: Ron Moeser Seconded by: Linda Pabst
WHEREAS the Association of Municipalities of Ontario (AMO) has issued a position paper on reform of the legal provisions for joint and several liability as it relates to local government;
AND WHEREAS Conservation Ontario recognizes the value to conservation authorities of reform of joint and several liability in the local government sector which includes conservation authorities and other special purpose bodies;
462 THEREFORE LET IT BE RESOLVED THAT Toronto and Region Conservation Authority (TRCA) support the Association of Municipalities of Ontario position paper dated April 1, 2010, on reform of joint and several liability, recognizing that the proposed changes would apply to conservation authorities;
AND FURTHER THAT the Province of Ontario, Conservation Ontario, TRCA's participating municipalities and AMO be so advised. CARRIED ______
SECTION II - ITEMS FOR AUTHORITY INFORMATION
RES.#A139/10 - SECTION II - ITEMS FOR AUTHORITY INFORMATION
Moved by: Ron Moeser Seconded by: Linda Pabst
THAT Section II items (EX8.1 and EX8.2), contained in Executive Committee Minutes #5/10, held on July 9, 2010, be received. CARRIED Section II Items EX8.1 & EX8.2 SOLARCITY TECHNOLOGY ASSESSMENT PARTNERSHIP (Executive Res.#B71/10) ONTARIO MUNICIPAL BOARD HEARING (Executive Res.#B72/10)
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SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD
RES.#A140/10 - SUMMARY OF REQUESTS FOR QUOTATIONS AND REQUESTS FOR PROPOSALS January 1, 2010 to June 30, 2010. Receipt of the 2010 mid-end summary of procurements approved by the Chief Administrative Officer or his designate.
Moved by: David Barrow Seconded by: Ron Moeser
IT IS RECOMMENDED THAT the summary of Toronto and Region Conservation Authority (TRCA) procurements approved by the Chief Administrative Officer or his designate for the January 1, 2010 to June 30, 2010 period, be received. CARRIED BACKGROUND At Authority Meeting #5/05, held on June 24, 2005, Resolution #A124/05 approved the Purchasing Policy, and resolved, in part, as follows:
463 staff report to the Business Excellence Advisory Board semi-annually with a list of all Requests for Quotations and Requests for Proposals approved by the Chief Administrative Officer pursuant to Schedule 'A';
Pursuant to the resolution quoted above, the summary of Requests for Quotations and Requests for Proposals from January 1, 2010 to June 30, 2010, is found in Attachments 2 and 3, respectively. The report includes approvals of $10,000 or greater, to the maximum allowable limit under the policy, approved by the Chief Administrative Officer or his designate.
The attached summary includes the criteria as to why non-competitive procurement was appropriate for the particular goods or services procured, as per Section 1.14 of Toronto and Region Conservation Authority's Purchasing Policy (Attachment 1).
As permitted under the approved policy, the Chief Administrative Officer has designated senior staff, generally including director and manager level positions, approval authority for purchases up to $10,000 (including PST but not GST as TRCA recoups GST).
Report prepared by: Kathy Stranks, extension 5264 Email: [email protected] For Information contact: Kathy Stranks, extension 5264 Email: [email protected] Date: January 12, 2010 Attachments: 3
464 Attachment 1
TORONTO AND REGION CONSERVATION AUTHORITY PURCHASING POLICY
Section 1.14 Non - Competitive Procurement Process
A non-competitive procurement process shall only be used if one or more of the following conditions apply and a process of negotiation is undertaken to obtain the best value in the circumstances for the TRCA. Authorized Buyers are authorized to enter into negotiations without formal competitive bids, under the following circumstances:
1. The goods and services are only available from one source or one supplier by reason of:
z A statutory or market based monopoly z A fluctuating market prevents the TRCA from obtaining price protection or owing to market conditions, required goods or services are in short supply z Existence of exclusive rights (patent, copyright or licence) z Need for compatibility with goods and services previously acquired and there are no reasonable alternatives, substitutes or accommodations z Need to avoid violating warranties and guarantees where service is required
2. An attempt to purchase the required goods and services has been made in good faith using a competitive method and has failed to identify a successful supplier.
3. When the extension or reinstatement of an existing contract would prove most cost-effective or beneficial. The extension shall not exceed one year.
4. The goods and services are required as a result of an emergency, which would not reasonably permit the use of the other methods permitted.
5. The required goods and services are to be supplied by a particular vendor or supplier having special knowledge, skills, expertise or experience that cannot be provided by any other supplier.
6. Any other sole or single source purchase permitted under the provisions of this policy including those noted in Schedule ‘B’.
465 Attachment 2 REQUESTS FOR QUOTATION Sole Source (up to $50,000) January 1, 2010 to June 30, 2010 Project Awarded Bidder Cost Not to Exceed Sole Source ($) Criteria Plus Applicable (Section 1.14 Taxes of TRCA's Purchasing Policy) LR - 24 Backpack Electrofisher Smith-Root Canada 10,028.00 5 Archetype Sustainable House Energy Mathematics of Information 30,000.00 3 & 5 Monitoring Project Technology and Complex Six Ryerson University Graduate Students Systems (MITACS) Inc. internship program BATHURST GLEN GOLF COURSE Alcoholic Products Beer Store and LCBO 20,000.00 1 Supply of John Deere Parts Podolinsky Turf Equipment 15,000.00 1 & 5 Nursery Irrigation Pond - Supply and Installation C&M Aquatics Ltd. 10,565.00 1 of Floating Island/Aeration System Microbial Food Web Analysis Fisheries and Oceans Canada 18,450.00 1 & 5
Mimico Creek Wetland Berms - Supply and Nelson Aggregates 13,166.40 3 Delivery of Approximately an Additional 480 + 10% contingency tonnes of 225mm to 450mm riprap Telemetry Fish Tags VEMCO 23,790.00 5 BLACK CREEK PIONEER VILLAGE (BCPV) Supply and Installation of Two New Elevator ThyssenKrupp Elevator 27,750.00 1 & 5 Doors (Canada) Limited Tent Top for BCPV Patio Tent Advanced Tent Rentals 14,180.00 1 Public Relations Services Philpott Communications 36,000.00 3 Radio Promotion for the 2010 Summer Season BOOM 97.3 19,200.00 3 Bob Hunter Memorial Park - Supply and Plant Rural Lambton Stewardship 43,800.00 5 Native Grass and Wildflower Mixes Network Post and Paddle Fencing Materials for 2010 Lanark Cedar 30,500.00 5 Restoration Services Projects Mimico Waterfront Linear Park - Survey Work MMM Group 17,000.00 5
466 REQUESTS FOR QUOTATION Lowest Bid (up to $100,000) January 1, 2010 to June 30, 2010 Project Awarded Bidder Cost Not to Exceed Number of ($) Quotations Plus Applicable Requested/ Taxes Complete Bids Received Safety Footwear Imagewear by Mark's Work 25,000.00 2/2 Wearhouse HEART LAKE CONSERVATION AREA Gatehouse Construction BLT Construction 27,227.16 5/2 +10% contingency Water Service Upgrade Avertex Utility Solutions Inc. 54,116.00 4/3 + 10% contingency Asbestos Abatement and Removal at 541 Rodd Ferro Canada Incorporated 32,000.00 3/2 Avenue, City of Pickering + 5,000 contingency BROOKBANKS PARK PROJECT Supply and Delivery of Approximately 800 Glen Windrem Trucking 34,944.00 8/2 Tonnes of 2 to 4 Tonne Armourstone Supply and Delivery of Approximately 500 Nelson Aggregate Company 14,640.00 8/2 Tonnes of 100mm to 200mm Gabion Stone Supply and Delivery of Approximately 300 Glen Windrem Trucking 10,884.00 8/2 Tonnes of 150mm to 300mm Cobbles BATHURST GLEN GOLF COURSE Beverage Products Coca-Cola Bottling Group 19,000.00 2/2 Renting Various Golf Carts Bennett Golf Carts 19,000.00 4/2 Supply and Delivery of Fuel Armstrong Petroleum LTD. 12,000.00 3/3 Resale Food Products Skor Food Group Inc. 19,000.00 3/3 Course Hardware and Accessories AllTurf Ltd. 12,000.00 3/2 Conversion of Wet to Dry Sprinkler System - Viking Fire Protection Inc. 17,770.00 5/2 1352 Lakeshore Road East, Mississauga SUGARBUSH MAPLE SYRUP FESTIVAL Horse Drawn Wagon Rides A & A Farmyard Friends 19,000.00 10/2 Bulk Maple Syrup Voisins Maple Products 14,000.00 13/3 Limited Packaged Maple Syrup Voisins Maple Products 67,436.05 13/3 Limited Maple Syrup Products Voisins Maple Products 19,955.70 13/3 Limited Food Service Products Skor Food Group a 17,374.71 7/5 CHESTERTON SHORES OUTFALL PROTECTION PROJECT Supply and Delivery of Approximately 800 J.C. Rock Limited 34,368.00 7/3 Tonnes of 3 to 5 Tonne Armour Stone Supply and Delivery of Approximately 500 Nelson Aggregate Company 13,070.00 7/2 Tonnes of 225mm-450mm Riprap Stone
467 Project Awarded Bidder Cost Not to Exceed Number of ($) Quotations Plus Applicable Requested/ Taxes Complete Bids Received Brampton Diversion Channel Structure Serve Construction Limited 86,100.00 5/2 Wilket Creek Project - Supply and Delivery of 8 Ontario Laser Rentals Ltd. 14,000.00 6/4 Steel Road Plates Supply of Paper Spicers 30,000.00 Unknown - Part of City of Toronto Competitive Process SOURCE WATER PROTECTION Printing and Mail Services to Landowners Grant's Mailing Services Inc. 10,370.00 4/1 + 10,000.00 renewal if required Catering Services Hammerhead Catering 16,824.00 3/3 Services ACQUISITION OF VEHICLES AND EQUIPMENT Two New Hybrid Automobiles Dixie Ford Sales Ltd. 58,756.00 15/6 One New Passenger Van Maciver Dodge Jeep 20,862.00 15/5 One New Midsize Pickup Truck Yorkdale Toyota 29,935.20 15/7 Two New 4X4 Crew Cab Trucks Al Palladini's Pine Tree Ford 84,156.00 15/6 Lincoln One New 4X4 Chassis Crew Cab Truck with Dixie Ford Sales Ltd. 56,918.00 15/5 Hydraulic Dump Box One New Loader/Tractor Hutchinson Farm Supply 62,360.00 8/4 One New Hybrid SUV Dixie Ford Sales Ltd. 34,280.00 15/6 Two New Midsize Wagons Durham Kia 40,778.00 12/5 One New 4x4 Chassis Cab Truck with Hydraulic Dixie Ford Sales 57,322.00 15/5 Dump Box One New Wide Area Mower Nobleton Farm Service 47,900.00 8/4 One New Loader Tractor Nobleton Farm Service Ltd. 46,100.00 4/2 One New Skidsteer Loader/Auger Strongco Equipment 25,945.00 4/3 One New Crawler Carrier Hill Valley Equipment Sales & 82,650.27 5/3 Rentals Inc. Two Zero-Turn Mowers B.E. Larkin Equipment Ltd. 27,900.00 5/3 One New Utility Vehicle B.E. Larking Equipment 16,073.00 5/4 Limited
Two New 2011 4X4 Crew Cab Trucks Fines Ford Lincoln Sales 85,366.00 13/3 Painting at Albion Hills Field Centre Manny's Pro Painting 13,767.94 3/2 48 Month Lease of Xerox Colour Copier Xerox Canada Ltd. 24,410.08 3/3 Partners in Project Green Marketing Kit - Print Lowe Martin Group 12,500.00 3/3 2,500 Copies
468 Project Awarded Bidder Cost Not to Exceed Number of ($) Quotations Plus Applicable Requested/ Taxes Complete Bids Received Don Valley Brick Works - Supply and Installation Sturdy Power Lines Ltd 21,899.71 6/4 for Electrical Service for Bluefrog Biodredging + 10% contingency Sytem ALBION HILLS CONSERVATION AREA Beach Centre Unit Paving Daytona Contracting 32,100.00 Advertised on +10% contingency Bidingo/23 Beach Entrance Pathway Upgrade Daytona Contracting 10,850.00 4/2 +10% contingency Construction Support (Excavator and Operator) Valefield Contracting Inc. 98,789.60 3/3 of Various Habitat Restoration Projects ALBION HILLS AND INDIAN LINE CAMPGROUNDS Supply of Firewood for Albion Hills and Indian McNichol Firewood LTD 65,000.00 4/3 Line Campgrounds +10% contingency Washroom Upgrades at Albion Hills PCI Contracting Mechanical 13,230.00 5/2 Campground +10% contingency CHINGUACOUSY PARK POND RESTORATION PROJECT Supply and Delivery of 250mm to 600mm Glenn Windrem Trucking 22,490.00 3/2 Cobblestone Supply, Delivery and First Watering of 57,000 Boynton Brothers Sod Farm $13,965.00 3/3 Square Feet of Sod PORT UNION WATERFRONT IMPROVEMENT PROJECT (PHASE 2) Supply and Delivery of Approximately 2,000 Glenn Windrem Trucking 90,440.00 7/1 Tonnes of 4 to 6 Tonne Armour Stone Supply and Delivery of Approximately 1,200 J.C. Rock Limited 28,788.00 7/3 Tonnes of 300mm-600mm Riprap Stone Janitorial Services for the Restoration Services Allcare Maintenance Services 12,020.00 4/4 Centre Kortright Centre for Conservation - Interior Commercial and Industrial 23,462.00 5/2 Painting Painting Contractors +10% contingency Meadowcliffe Drive Erosion Control Project - Ivan B. Wallace, Ontario Land 12,500.00 4/3 Reference Plan/Survey Work Surveyor Ltd. Heart Lake Conservation Area - Water Service Avertex Utility Solutions Inc. 54,116.00 4/3 Upgrade +10% contingency Petticoat Creek Conservation Area - Swimming BLT Construction Services 75,200.00 6/3 Pool Subbase Preparation +10% contingency 7914 14th Avenue, Town of Markham - Benedetto Plumbing 11,400.00 3/2 Installation of Two Piece Bathroom 561 Glasgow Road, Village of Bolton - Centre Street Roofing Ltd. 13,500.00 3/3 Replacement of Flat Roof BCPV North Property at 7100 Jane Street - Bramalea Fence Ltd. 21,460.00 3/3 Supply and Installation of Galvanized Chain Link Fence
469 Project Awarded Bidder Cost Not to Exceed Number of ($) Quotations Plus Applicable Requested/ Taxes Complete Bids Received Dogs Off Leash Areas - Installation of Chainlink Roma Fence Limited 29,634.01 3/3 Fencing Pedestrian Entry Enclosures and Service Gates EAST DON TRAIL (CHARLES SAURIOL RESERVE) Supply and Delivery of Approximately 1,300 Lafarge Aggregates 25,155.00 3/3 Tonnes of Granular A Aggregate Supply and Delivery of Approximately 2,000 Glenn Windrem Trucking 39,120.00 3/3 tonnes of granular B Type II Aggregate BOB HUNTER PARK TRAIL (YORK REGION SOUTHEAST COLLECTOR) Supply and Delivery of Approximately 1,200 Lafarge Aggregates 20,580.00 3/2 Tonnes of Granular A Limestone Aggregate Supply and Delivery of Approximately 1,000 James Dick Construction Ltd. 12,370.00 3/2 Tonnes of Recycled 19mm Crushed Aggregate
470 REQUESTS FOR QUOTATION Lowest Bid Not Accepted (up to $25,000) January 1, 2010 to June 30, 2010 Project Awarded Bidder Cost Not to Exceed Number of ($) Quotations Plus Applicable Requested/ Taxes Complete Bids Received Glen Haffy Conservation Area - Fish Food Martin Mills Inc. 25,000 2/2 +10% contingency Supply of Pumping Vault Toilet Septic Tanks Smith Excavating Grading & 20,000.00 3/3 and Building Septic Systems be awarded to at a Septic Services +10% contingency cost not to exceed $
471 Attachment 3 REQUESTS FOR PROPOSAL Competitive Bid (up to $100,000) January 1, 2010 to June 30, 2010 Project Awarded Bidder Cost Not to Exceed Number of ($) Quotations Plus Applicable Requested/ Taxes Complete Bids Received SOURCE WATER PROTECTION Peer Review of Three Technical Reports Jagger Hims 56,778.00 5/4 Peer Review of Six Technical Reports AMEC 66,000.00 5/4 Peer Review of Three Technical Reports Jacques Whitford 45,300.00 5/4 Peer Review of Three Technical Reports CRA 54,825.00 5/4 Plain Language Editor Colborne Communications 26,750.00 8/2 Geomorphic and Slope Stability Assessment of Geomorphic Solutions 18,887.00 6/3 Section of Humber River Near Hayhoe Avenue, + 3,800.00 contingency City of Vaughan Erosion Risk Analysis and Geomorphic Aquafor Beech Limited 14,540.00 5/3 Assessment of Section of Humber River below +3,000.00 contingency McMichael Art Gallery, Village of Kleinburg Slope Stability Analysis and Erosion Risk Terraprobe Limited 15,000.00 3/3 Assessment for Glen Stewart Ravine located +10% contingency within Beach Community, South of Kingston Road, and West of Balsam Avenue, in the City of Toronto Supply of Pyrotechnics Display for Caledon Northstar Fireworks 13,000.00 12/3 Canada Day Celebration PARTNERS IN PROJECT GREEN Delivery Green Parking Lot Program University of Toronto 30,000.00 4/1 Development and Delivery of Training and Agviro Inc. 65,500.00 11/4 Mentorship for Green Energy Management Co-op Program Safety Review of Secord Dam Hatch Limited 47,468.00 4/3 Consulting Services for Kortright Visitor Centre Levitt Goodman Architects 85,000.00 26/15 Retrofit Project +10% contingency Sustainable Neighbourhood Retrofit Action Plan Consulting Team Led by du 55,000.00 3/3 (shortlist) for the Black Creek neighbourhood in Toronto - Toit Allsopp Hillier 19 submitted Preparation of Phases 1 and 2 Expression of Interest Development of Rouge Park Trails Master Plan Schollen and Company Inc. 84,191.10 8/4 Detailed Design for Replacement of Erosion Terraprobe Limited 10,000.00 4/2 Control and Slope Stabilization Works Along +10% contingency Section of East Highland Creek at Rear of 95 to 105 Portico Drive, City of Toronto Detailed Design of Replacement Retaining Wall SPL Consultants Limited 10,320.00 4/2 Along Section of Mimico Creek at Rear of 12 to +1,100.00 contingency 34 Beaucourt Road, City of Toronto
472 REQUESTS FOR PROPOSAL Sole Source (up to $50,000) January 1, 2010 to June 30, 2010 Project Awarded Bidder Cost Not to Exceed Sole Source ($) Criteria Plus Applicable Taxes Lotus Notes Application Development and AppVision 50,000.00 5 Administration Services Stability Analysis of Valley Slope Adjacent to Terraprobe Ltd. 14,300.00 5 Kleinburg United Church +10% contingency HYRDOGEOLOGIC CONSULTING SERVICES Consulting Services for Hyrdrogeologic WESA Inc. 15,000.00 3 Services Consulting Services Related to Core Logging of Genivar Consultants Limited 40,000.00 3 a Well in York Region Partnership Etobicoke Creek Digital Floodline Papping Greck and Associates Limited 30,000.00 3 GST/HST Consultation Services PricewaterhouseCoopers 15,000.00 5 Ontario Stewardship Ranger Program, York Ontario Ministry of Natural 10,000.00 1 & 5 Environmental Stewardship Rangers Resources Delivery of Partners in Project Green Guelph Food Technology 30,000.00 3 Eco-Efficiency Program for Food Processors Centre Toronto Island Marina Seawall Repair Project - Halcrow Yolles 18,300.00 3 Detailed Design
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473 RES.#A141/10 - WATERSHED COMMITTEE MINUTES
Moved by: David Barrow Seconded by: Ron Moeser
THAT Section IV items AUTH8.2.1 and AUTH8.2.2, in regard to watershed committee minutes, be received. CARRIED Section IV Items AUTH8.2.1 & AUTH8.2.2, Inclusive DON WATERSHED REGENRATION COUNCIL Minutes of Meeting #3/10, held on May 13, 2010 Minutes of Meeting #4/10, held on June 10, 2010 HUMBER WATERSHED ALLIANCE Minutes of Meeting #2/10, held on June 15, 2010.
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RES.#A142/10 - SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD
Moved by: Ron Moeser Seconded by: Linda Pabst
THAT Section IV items (EX9.1 - EX9.3, inclusive), contained in Executive Committee Minutes #5/10, held on July 9, 2010, be received.
Section IV Itesm (EX9.1 - EX9.3, Inclusive) GREENLANDS ACQUISITION PROJECT FOR 2006-2010 (Executive Res.#B73/10) LOWEST BID NOT ACCEPTED (Executive Res.#B74/10) LOWEST BID NOT ACCEPTED (Executive Res.#B75/10)
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ONTARIO REGULATION 166/06
RES.#A143/10 - ONTARIO REGULATION 166/06
Moved by: Ron Moeser Seconded by: Linda Pabst
THAT Ontario Regulation 166/06 items (EX10.1 - EX10.126, with the exception of EX10.19 - 117 Colonel Danforth Trail), contained in Executive Committee Minutes #5/10, held on July 9, 2010, be received. CARRIED ______474 RES.#A144/10 - ONTARIO REGULATION 166/06
Moved by: Ron Moeser Seconded by: Linda Pabst
THAT a permit be granted in accordance with Ontario Regulation 166/06 for the application EX10.19 - 117 Colonel Danforth Trail, which is listed below. CARRIED CITY OF TORONTO [SCARBOROUGH COMMUNITY COUNCIL AREA]
EX10.19 117 COLONEL DANFORTH TRAIL To construct, reconstruct, erect or place a building or structure, site grade and temporarily or permanently place, dump or remove any material, originating on the site or elsewhere on Lot 41, Plan 2546, (117 Colonel Danforth Trail), in the City of Toronto (Scarborough Community Council Area), Highland Creek Watershed. The purpose is to develop within a Regulated Area of the Highland Creek watershed to facilitate construction of a replacement dwelling.
CFN: 44316 - Application #: 0593/10/TOR Report Prepared by: Michelle Stafford, extension 5250 For information contact: Steve Heuchert, extension 5311 Date: June 29, 2010
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SPECIAL BUSINESS
RES.#A145/10 - DRAFT DISCUSSION PAPER - ENCROACHMENTS
Moved by: Jack Heath Seconded by: David Barrow
THAT Special Business item Draft Discussion Paper - Encroachments, contained in Executive Committee Minutes #5/10, held on July 9, 2010, be received. CARRIED ______
TERMINATION
ON MOTION, the meeting terminated at 11:45 a.m., on Friday, July 23, 2010.
Gerri Lynn O'Connor Brian Denney Chair Secretary-Treasurer /ks
475