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Home My WebLink AboutAuthority 2007THE TORONTO AND REGION CONSERVATION AUTHORITY MEETING OF THE AUTHORITY Annual #1/07 February 23, 2007 The Authority Meeting Annual #1/07 , was held in the Theatres, Black Creek Pioneer Village, on Friday, February 23, 2007. The Chair Dick O'Brien , called the meeting to order at 10:07 a.m. PRESENT Paul Ainslie Member Maria Augimeri Member David Barrow Member Gay Cowbourne Member Glenn De Baeremaeker Member Bill Fisch Member Rob Ford Member Grant Gibson Member Pamela Gough Member David Gurin Member Suzan Hall Member Jack Heath Member Bonnie Littley Member Peter Milczyn Member Ron Moeser Member Dick O'Brien Member Gerri Lynn O'Connor Member John Parker Member Anthony Perruzza Member Maja Prentice Member Gino Rosati Member Andrew Schulz Member John Sprovieri Member Richard Whitehead Member ABSENT Eve Adams Member Colleen Jordan Member Glenn Mason Member Linda Pabst Member 1 ANNUAL INAUGURAL MEETING The Chief Administrative Officer /Secretary- Treasurer, Brian Denney, assumed the Chair for the Annual Meeting and conducted the 2007 Election of Officers. APPOINTMENTS TO THE TORONTO AND REGION CONSERVATION AUTHORITY FOR 2007 -2008 The Secretary- Treasurer can advise that all the persons listed below have been duly appointed and are entitled to sit as Members of this Authority for the 2007 -2008 year, or until their successors are appointed. ADJALA - TOSORONTIO /MONO Glenn Mason DURHAM TORONTO PEEL YORK Colleen Jordan Gerri Lynn O'Connor Bonnie Littley Paul Ainslie Maria Augimeri Gay Cowbourne Glenn De Baeremaeker Rob Ford Pamela Gough David Gurin Suzan Hall Peter Milczyn Ron Moeser Dick O'Brien John Parker Anthony Perruzza Andrew Schulz Eve Adams Grant Gibson Maja Prentice John Sprovieri Richard Whitehead David Barrow Bill Fisch Jack Heath Linda Pabst Gino Rosati 2 RES. #A1 /07 - APPOINTMENT OF SCRUTINEERS Moved by: Seconded by: Gay Cowbourne Maja Prentice THAT Mr. Robert Rossow, Partner, Gartner Roberts LLP and Mr. Paul Speck, Vice President, AON Reed Stenhouse, be appointed as scrutineers for the election of officers, if required. CHAIR OF THE TORONTO AND REGION CONSERVATION AUTHORITY Gerri Lynn O'Connor was nominated by Peter Milczyn. Maria Augimeri was nominated by Paul Ainslie. RES. #A2 /07 - MOTION TO CLOSE NOMINATIONS Moved by: Seconded by: Suzan Hall Gay Cowbourne THAT nominations for the office of Chair of the Authority be closed. CARRIED CARRIED Gerri Lynn O'Connor was elected as Chair of the Toronto and Region Conservation Authority. VICE CHAIR OF THE TORONTO AND REGION CONSERVATION AUTHORITY Maria Augimeri was nominated by Suzan Hall. RES. #A3 /07 - MOTION TO CLOSE NOMINATIONS Moved by: Seconded by: Bill Fisch Richard Whitehead THAT nominations for the office of Vice Chair of the Authority be closed. CARRIED Maria Augimeri was declared elected by acclamation as Vice Chair of the Toronto and Region Conservation Authority. 3 CHAIR OF THE BUSINESS EXCELLENCE ADVISORY BOARD David Barrow was nominated by Paul Ainslie. RES. #A4 /07 - MOTION TO CLOSE NOMINATIONS Moved by: Seconded by: Bill Fisch Gerri Lynn O'Connor THAT nominations for the office of Chair of the Business Excellence Advisory Board be closed. CARRIED David Barrow was declared elected by acclamation as Chair of the Business Excellence Advisory Board. CHAIR OF THE SUSTAINABLE COMMUNITIES BOARD Suzan Hall was nominated by Ron Moeser. RES. #A5 /07 - MOTION TO CLOSE NOMINATIONS Moved by: Seconded by: Grant Gibson Pamela Gough THAT nominations for the office of Chair of the Sustainable Communities Board be closed. CARRIED Suzan Hall was declared elected by acclamation as Chair of the Sustainable Communities Board. CHAIR OF THE WATERSHED MANAGEMENT ADVISORY BOARD Richard Whitehead was nominated by Grant Gibson. RES. #A6 /07 - MOTION TO CLOSE NOMINATIONS Moved by: Seconded by: Maria Augimeri Gino Rosati 4 THAT nominations for the office of Chair of the Watershed Management Advisory Board be closed. CARRIED Richard Whitehead was declared elected by acclamation as Chair of the Watershed Management Advisory Board. THE REGION OF DURHAM REPRESENTATIVE ON THE EXECUTIVE COMMITTEE Bonnie Littley was nominated by Maria Augimeri. RES. #A7 /07 - MOTION TO CLOSE NOMINATIONS Moved by: Seconded by: Dick O'Brien Suzan Hall THAT nominations for the Region of Durham representative on the Executive Committee be closed. CARRIED Bonnie Litt ley was declared elected by acclamation as the Region of Durham representative on the Executive Committee. THE CITY OF TORONTO REPRESENTATIVE ON THE EXECUTIVE COMMITTEE Ron Moeser was nominated by Glenn De Baeremaeker. Rob Ford was nominated by David Barrow. Anthony Perruzza was nominated by Andrew Schulz. RES. #A8 /07 - Moved by: Seconded by: MOTION TO CLOSE NOMINATIONS Bill Fisch John Parker THAT nominations for the City of Toronto representative on the Executive Committee be closed. CARRIED Rob Ford and Ron Moeser were elected as the City of Toronto representatives on the Executive Committee. 5 VICE CHAIR OF THE BUSINESS EXCELLENCE ADVISORY BOARD Paul Ainslie was nominated by Maria Augimeri. RES. #A9 /07 - MOTION TO CLOSE NOMINATIONS Moved by: Seconded by: Bill Fisch David Barrow THAT nominations for the office of Vice Chair of the Business Excellence Advisory Board be closed. CARRIED Paul Ainslie was declared elected by acclamation as Vice Chair of the Business Excellence Advisory Board. VICE CHAIR OF THE SUSTAINABLE COMMUNITIES BOARD Linda Pabst was nominated by Gerri Lynn O'Connor. RES. #A10 /07 - MOTION TO CLOSE NOMINATIONS Moved by: Seconded by: Dick O'Brien Bill Fisch THAT nominations for the office of Vice Chair of the Sustainable Communities Board be closed. CARRIED Linda Pabst was declared elected by acclamation as Vice Chair of the Business Excellence Board. VICE CHAIR OF THE WATERSHED MANAGEMENT ADVISORY BOARD Anthony Perruzza was nominated by Maria Augimeri. RES. #A11 /07 - MOTION TO CLOSE NOMINATIONS Moved by: Seconded by: Paul Ainslie Gay Cowbourne 6 THAT nominations for the office of Vice Chair of the Watershed Management Advisory Board be closed. CARRIED Anthony Perruzza was declared elected by acclamation as Vice Chair of the Watershed Management Advisory Board. RES. #Al2 /07 - DESTRUCTION OF BALLOTS Moved by: Seconded by: David Barrow Maja Prentice THAT the ballots, printed for any 2007 election, be destroyed. CARRIED SECTION I - ITEMS FOR AUTHORITY ACTION RES. #A13 /07 - ADVISORY BOARD APPOINTMENTS Appointment of members of the Authority to the three advisory boards. Moved by: Seconded by: David Barrow Grant Gibson THAT the following amended list of advisory board members be approved: Business Excellence Advisory Board Eve Adams Paul Ainslie David Barrow Bill Fisch Rob Ford Peter Milczyn Ron Moeser Maja Prentice Gino Rosati 7 Sustainable Communities Board Glenn De Baeremaeker David Gurin Suzan Hall Jack Heath Colleen Jordan Glenn Mason Dick O'Brien Linda Pabst John Sprovieri Watershed Management Advisory Board Maria Augimeri Gay Cowbourne Grant Gibson Pamela Gough Bonnie Litt ley John Parker Anthony Perruzza Andrew Schulz Richard Whitehead; AND FURTHER THAT Clause 20 of Section V of the Rules of Conduct be altered for the 2007 -2008 Authority year such that as many as 11 Members may sit on an advisory board. CARRIED RATIONALE The appointments to the Toronto and Region Conservation Authority (TRCA) have been made by the member municipalities for the 2007 -2008 term. The City of Toronto is expected to make the appointment of their citizen members in March 2007, so in the interim Pamela Gough, David Gurin, Dick O'Brien and Andrew Schulz will remain in their positions. At the City Council meeting held on February 6 and 7, 2007, Council appointed Gay Cowbourne to replace Shelley Petrie, until all five citizen appointments are confirmed in March. As a result, all persons listed in the recommendation are duly appointed to sit on the Authority until such time as their successors are appointed. As per Section 17 of the Rules of Conduct of the Authority, each member of the Authority shall serve on one of the advisory boards, except the Chair of the Authority shall be a member, ex officio, of each advisory board. All members have advised TRCA staff of their preference for appointment, and this is reflected in the recommendation. Eleven members have requested positions on the Business Excellence Advisory Board, contrary to Clause 20 of Section V of the Rules of Conduct. This section, which reads as follows, must therefore be amended for the 2007 -2008 Authority year to allow for this: 8 No Advisory Board shall have more than ten members. Report prepared by: Kathy Stranks, extension 5264 For Information contact: Kathy Stranks, extension 5264 Date: February 13, 2007 RES. #A14 /07 - MINUTES Moved by: Suzan Hall Seconded by: Ron Moeser THAT the Minutes of Meeting #11/06, held on January 26, 2007, be approved. CARRIED RES. #A15 /07 - MEETING SCHEDULE 2007 -2008 Amendments. Amendment to the schedule of meetings for the forthcoming Authority year, beginning February 23, 2007 and ending February 29, 2008. Moved by: Seconded by: David Barrow Maja Prentice THAT the amended Schedule of Meetings 2007 -2008, dated February 12, 2007, be approved; AND FURTHER THAT the amended schedule be distributed at the earliest opportunity to Toronto and Region Conservation Authority's (TRCA) watershed municipalities. CARRIED BACKGROUND At Authority Meeting #9/06, held on November 24, 2006, Resolution #A268/06 approved the 2007 -2008 meeting schedule as follows: THAT the Schedule of Meetings 2007 -2008, dated November 6, 2006, be approved; THAT the Executive Committee be designated the powers of the Authority during the month of August 2007, as defined in Section 2.10 of the Rules of Conduct; AND FURTHER THAT this schedule be distributed at the earliest opportunity to Toronto and Region Conservation Authority's (TRCA) watershed municipalities. 9 RATIONALE In the approved meeting schedule, Sustainable Communities Board (SCB) meetings were scheduled on the same day as most Executive Committee meetings and Business Excellence Advisory Board (BEAB) meetings were scheduled on the same day as most Watershed Management Advisory Board meetings (WMAB) to streamline the meeting schedule. To further streamline the schedule, staff has been requested to further consolidate the schedule by moving BEAB meetings to the same day as Executive and SCB meetings. In the proposed schedule, all meetings will be held at Black Creek Pioneer Village (BCPV), except for those noted in the amended schedule below due to large bookings at BCPV. Authority meetings will be held at 10:00 a.m., Executive meetings will be held at 10:30 a.m., BEAB meetings will be held at 9:00, WMAB meetings will be held at 10:00 and SCB meetings will be held at 11:00 a.m., unless otherwise noted on the agenda. FINANCIAL DETAILS This will result in cost savings to TRCA in that members on both the Executive Committee and BEAB will receive only one per diem and mileage payment for the two meetings rather than two. Report prepared by: Kathy Stranks, extension 5264 For Information contact: Kathy Stranks, extension 5264 Date: February 12, 2007 Attachments: 1 10 Attachment 1 THE TORONTO AND REGION CONSERVATION AUTHORITY MEETING SCHEDULE 2007-2008 FEBRUARY 2007 TIME DESCRIPTION Feb. 23 10:00 a.m. ANNUAL Authority #1/07 MARCH 2007 TIME DESCRIPTION Mar. 2 9:00 a.m. BEAB #1/07 Mar. 2 10:30 a.m. Executive #1/07 Mar. 30 10:00 a.m. Authority #2107 APRIL 2007 TIME DESCRIPTION Apr. 13 9:00 a.m. BEAB #2107 Apr. 13 10:30 a.m. Executive #2107 Apr. 13 11:OOe.nn. 8CB#1/O7 Apr. 20 10:00 a.m. VVyNAB#1/O7 Apr. 27 10:00 a.m. - Tennis Canada Authority #3107 MAY 2007 TIME DESCRIPTION May 4 10:30 a.m. Executive #3107 May 25 10:00 a.m. Authority #4/07 JUNE 2007 TIME DESCRIPTION June 1 9:00 a.m. - Victoria Rm BEAB #3/07 June 1 10:30 a.m. - Victoria Rm Executive #4/07 June 1 11:00 a.m. - Victoria Rm SCB #2/07 June8 10:OOe.nn. VVyNAB#2/O7 June22 10:OOe.nn. Authority #5/07 JULY 2007 TIME DESCRIPTION Jul. 6 10:30 a.m. Executive #5/07 Jul. 13 10:00 a.m. WMAB #3/07 Jul. 27 10:00 a.m. Authority #6107 1 1 AUGUST 2007 TIME DESCRIPTION Aug. 10 10:30 a.m. Option for Teleconference Executive #6107 SEPTEMBER 2007 TIME DESCRIPTION Sept. 7 9:00 a.m. BEAB #4107 Sept. 7 10:30 a.m. Executive #7107 Sept. 7 11:00 a.m. SCB #3107 Sept. 14 10:00 a.m. WMAB #4/07 Sept. 28 10:00 a.m. Authority #7107 OCTOBER 2007 TIME DESCRIPTION Oct. 12 9:00 a.m. BEAB #5/07 Oct. 12 10:30 a.m. Executive #8/07 Oct. 19 10:00 a.m. WMAB #5/07 Oct. 26 10:00 a.m. Authority #8107 NOVEMBER 2007 TIME DESCRIPTION Nov. 2 10:30 a.m. Executive #9/07 Nov. 2 11:00 a.m. SCB #4/07 Nov. 30 10:00 a.m. Authority #9107 DECEMBER 2007 TIME DESCRIPTION Dec. 7 9:00 a.m. - Humber Room BEAB #6/07 Dec. 7 10:30 a.m. - Humber Room Executive #10/07 Dec. 14 10:00 a.m. - Humber Room WMAB #6/07 JANUARY 2008 TIME DESCRIPTION Jan. 4 10:00 a.m. Authority #10/07 Jan. 18 10:30 a.m. Executive #11/07 Jan. 25 10:00 a.m. Authority #11/07 12 TIME DESCRIPTION FEBRUARY 2008 Feb. 1 10:30 a.m. Executive #12/07 Feb. 1 11:00 a.m. SCB #5/07 Feb. 8 10:00 a.m. WMAB #7/07 Feb. 29 10:30 a.m. Location to be confirmed ANNUAL Authority #1/08 12 Legend: Authority Executive Committee (Executive) Business Excellence Advisory Board (BEAB) Watershed Management and Business Development Advisory Board (WMAB) Sustainable Communities Board (SCB) All meetings will be held in the South Theatre, Visitor's Centre, Black Creek Pioneer Village, 1000 Murray Ross Parkway, Downsview, Ontario, unless otherwise noted on the agenda. Authority meetings will be held at 10:00 a.m., Executive meetings will be held at 10:30 a.m., BEAB meetings will be held at 9:00, WMAB meetings will be held at 10:00 & SCB meetings will be held at 11:00 a.m., unless otherwise noted on the agenda. For further information, please contact Kathy Stranks at 416- 661 -6600, extension 5264 or Andrea Fennell at extension 5254. 13 RES. #A16/07 - NAMING OF TORONTO AND REGION CONSERVATION AUTHORITY PROPERTY AT THE KORTRIGHT CENTRE FOR CONSERVATION City of Vaughan, Region of York. Request for naming the Toronto and Region Conservation Authority -owned sugarbush at the Kortright Centre in the City of Vaughan, Region of York, as The Richard M. (Dick) O'Brien Sugarbush. Moved by: Seconded by: Maja Prentice Bill Fisch THAT the Toronto and Region Conservation Authority (TRCA) -owned sugarbush at the Kortright Centre for Conservation, in the City of Vaughan, Region of York, be named "The Richard M. (Dick) O'Brien Sugarbush ". CARRIED BACKGROUND At Authority Meeting #9/03, held on November 28, 2003, the protocol for naming TRCA assets was approved. According to the protocol, the naming of TRCA assets may contain any or all of the following: • The name of a major individual or corporate /public sector organization, possibly a donor. • The name of an individual prominent in the environmental or conservation community. • A relevant historical name associated with the geographic area or community. • The name of a strategic initiative, a citizen's group or other partnership of TRCA. • Other names that may have significance for a specific site and area. Naming of TRCA assets requires approval of the Authority. RATIONALE Dick O'Brien served as a member of the Authority for 23 years from 1984 -2007, and served as TRCA's first elected Chair from 1996 -2007. Chair O'Brien will be retiring from TRCA at the end of February, 2007. In honour of Chair O'Brien's exemplary service to TRCA and his passion for the maple syrup industry, it is recommended to name the sugarbush at the Kortright Centre as The Richard M. (Dick) O'Brien Sugarbush. This satisfies the naming criteria of "The name of an individual prominent in the environmental or conservation community ". DETAILS OF WORK TO BE DONE Install the bronze plaque on a stone at the entrance to the sugarbush. FINANCIAL DETAILS Funds are available for the production and mounting of the plaque in TRCA's 2007 Preliminary Operating and Capital Estimates. Report prepared by: Kathy Stranks, extension 5264 For Information contact: Kathy Stranks, extension 5264 Date: January 29, 2007 14 RES. #A17/07 - WORLD GREEN BUILDING COUNCIL SECRETARIAT Approval to submit a proposal to develop and support the World Green Building Council Secretariat. Moved by: Seconded by: Bill Fisch Andrew Schulz WHEREAS Toronto and Region Conservation Authority (TRCA) is actively involved with the promotion of green buildings through the Canada Green Building Council and the Toronto Green Building Alliance, among other efforts; WHEREAS the implementation of green buildings is essential to meet greenhouse gas emission target reductions necessary to address climate change mitigation; WHEREAS the interest in pursuing green buildings has been steadily increasing in the City of Toronto, regions of Peel, Durham and York, as well as the local municipalities; WHEREAS the World Green building council is seeking proposals from two cities in Canada to house the World Green Building Council Secretariat (herein "Secretariat ") to support the council; THEREFORE LET IT BE RESOLVED THAT staff be directed to submit a bid to the World Green Building Council (WGBC) to develop and support a Secretariat to be located at the Kortright Centre for Conservation/The Living City Campus. CARRIED BACKGROUND The World Green Building Council, founded in 1999, provides a "union" of national green building councils whose common goal is the sustainable transformation of the global property industry. Nine countries are currently members - Canada, United States, India, Australia, Japan, New Zealand, Taiwan, United Arab Emirates and Mexico. The WGBC is committed to changing the property industry. The property industry is defined as all those who produce, develop, plan, design, build, alter, or maintain the built environment, and includes building materials manufacturers and suppliers as well as clients and end use occupiers. By bringing together the green building councils from around the world, WGBC is working together to share knowledge, resources and common principles to advance the development of greener buildings. A sustainable property industry will balance environmental, social and economic issues to ensure a viable and valuable industry for future generations. Buildings account for one -sixth of the world's fresh water withdrawals, one - quarter of its wood harvest, and two -fifths of its material and energy flows. Currently the problems /opportunities that face the WGBC are that demand greatly exceeds supply, and the recent and rapid emergence of other organizations to address the same problems that the WGBC does. An important goal of the WGBC is to coordinate efforts with other international forces to optimize everyone's effectiveness. 15 WGBC is seeking to establish a Secretariat. At present the work of the WGBC is being done largely through volunteer efforts with the support of part time staff. Demand for the services of the WGBC is rising due to the increasing awareness about climate change and potential for built infrastructure to address this pressing issue and therefore capacity to support this demand needs to be enhanced. The WGBC has initiated this call for proposals from two Canadian cities, giving the Canadian Green Building Council the first right of refusal to host this organization. It is expected that the host will assist in the development of the Secretariat, provide a venue, support services and access to its networks. The host city must be capable of meeting the needs of the World Green Building Council at present, but more importantly should be able to meet its needs in the future as the council grows. The city must also be able to meet the needs of an international organization. RATIONALE Staff propose to house the World Green Building Council at the Kortright Centre for Conservation /The Living City Campus centrally located in the City of Vaughan, Region of York. Earth Rangers has graciously agreed to accommodate the World Green Building Council Secretariat at their LEED (Leadership in Energy and Environmental Design) Gold Earth Rangers centre. Approximately 4,200 square feet will be made available in the Earth Rangers building which is estimated to meet the space requirements of the Secretariat for roughly the first 3 years. TRCA has the in -house resources to support the Secretariat and access to industry and government funding sources. Our vision and mandate are consistent with that of the World Green Building Council. Report prepared by: Deb Martin- Downs, extension 5706 For Information contact: Deb Martin- Downs, extension 5706 Date: February 22, 2007 RES. #A18/07 - CANADA GREEN BUILDING COUNCIL Memorandum of Understanding. Revision of the Memorandum of Understanding between Toronto and Region Conservation Authority and the Canada Green Building Council to cover the proposed staff secondment initiative. (Executive Res. #B 181/06) Moved by: Seconded by: Glenn De Baeremaeker Gay Cowbourne THAT Toronto and Region Conservation Authority (TRCA) work with the Canada Green Building Council (CaGBC) Greater Toronto Chapter to revise the existing Memorandum of Understanding (MOU) to include the part -time secondment of Andrew Bowerbank, Manager, Sustainable Development, TRCA; 16 THAT under the MOU, Andrew Bowerbank become the Executive Director of the Greater Toronto Chapter of the CaGBC for a period of (but not limited to) one year; AND FURTHER THAT CaGBC reimburse TRCA $55,000 to cover approximately 50% of Andrew Bowerbank's time and that of his office assistant as well as expected basic office overhead expenses. RES. #A19 /07 - PRESENTATIONS (Watershed Mgt. Res. #D67/06) Moved by: Seconded by: Dick O'Brien Ron Moeser CARRIED THAT staff report back in 2 years with a comparison of fish invertebrates and plant species from before the works were conducted to current day, including an indication of the time it will take for Morningside Creek to be restored to its original or design state, as appropriate. CARRIED RES. #A20 /07 - EROSION SEDIMENT CONTROL GUIDELINE FOR URBAN CONSTRUCTION (December 2006) Approval of the Erosion and Sediment Control Guideline for Urban Construction (December 2006) prepared for the Greater Golden Horseshoe Conservation Authorities. (Watershed Mgt. Res. #D69/06) Moved by: Seconded by: Dick O'Brien Ron Moeser THAT the report entitled Erosion and Sediment Control Guideline for Urban Construction (December 2006) prepared for the Greater Golden Horseshoe Conservation Authorities (GGH CAs) be approved; AND FURTHER THAT staff be directed to disseminate the report to municipal staff, the development industry and other agencies through technology transfer workshops and a posting on the Sustainable Technologies Evaluation Program website. CARRIED 17 RES. #A21 /07 - CANADA - ONTARIO AGREEMENT RESPECTING THE GREAT LAKES BASIN ECOSYSTEM Renewal, Amendments and Development of New Annexes. The current Canada - Ontario Agreement (COA) will expire March 31, 2007. The Government of Ontario is seeking public comment on a proposal to work with the Government of Canada to renew the current COA for up to three years with the possibility of amending the existing Annexes and /or developing new Annexes to the agreement. (Watershed Mgt. Res. #D70/06) Moved by: Seconded by: Dick O'Brien Ron Moeser THAT Toronto and Region Conservation Authority (TRCA) submit comments on the Environmental Bill of Rights Registry (EBR) to the Government of Ontario acknowledging strong support for the three year extension of the Canada - Ontario Agreement (COA) to ensure COA related activities to protect the Great Lakes are maintained; THAT the Government of Ontario be encouraged to develop new Annexes which aim to conserve biological diversity, encourage the promotion of sustainable communities, better understand the impacts of climate changes on the Great Lakes and determine strategies to adapt to a changing climate and protect the Great Lakes as a source of drinking water and unique ecosystem of global significance; THAT the provincial and federal governments be requested to increase the funding for TRCA's jurisdiction which includes Toronto Remedial Action Plan (RAP) Area to $200,000,000 (2007 -2010) to provide partner funding to significantly advance the implementation of the City of Toronto's Wet Weather Flow Management Master Plan and other plans now in place to move the Toronto Area of Concern closer to a target of becoming an "Area of Recovery"; THAT the federal and provincial governments be urged to fund the Healthy Great Lakes proposal submitted previously by Conservation Ontario to address watershed management issues throughout Ontario; AND FURTHER THAT TRCA's watershed municipalities and Conservation Ontario be advised of TRCA's comments regarding COA. CARRIED RES. #A22 /07 - DUFFINS CARRUTHERS WATERSHED RESOURCE GROUP Appointment of Members. The formal appointment of watershed residents, regional and local municipal members and community council representatives, public agency representatives, representatives from community groups, businesses and business organizations, academic institutions and Toronto and Region Conservation Authority's member to the Duffins Carruthers Watershed Resource Group. (Watershed Mgt. Res. #D71/06) 18 Moved by: Seconded by: Dick O'Brien Ron Moeser THAT the appointments, as set out in the staff report, be approved, effective immediately, until December 31, 2007; AND FURTHER THAT Regional Councillor Colleen Jordan and Gary Bowen, Duffins Carruthers Watershed Specialist, remain as Toronto and Region Conservation Authority's (TRCA) appointed members to the Duffins Carruthers Watershed Resource Group (DCWRG). CARRIED RES.#A23/07 - SNELGROVE HABITAT REGENERATION To update the Authority on the completion of the 2003-2006 Snelgrove Reach Habitat Regeneration Project. (Watershed Mgt. Res. #D72/06) Moved by: Seconded by: Dick O'Brien Ron Moeser THAT staff continue to work with the Region of Peel, City of Brampton and community partners to implement and monitor restoration activities upstream and downstream of the Snelgrove Reach to increase ecosystem connectivity and strengthen community participation within this portion of the Etobicoke Creek watershed. CARRIED RES.#A24/07 - NOMINATIONS FOR CHAIR OF THE PROPOSED CTC SOURCE PROTECTION COMMITTEE UNDER THE CLEAN WATER ACT, 2006 Approval to start public search for nominees for the position of the CTC Source Protection Chair. (Watershed Mgt. Res. //D73/06) Moved by: Seconded by: Dick O'Brien Ron Moeser WHEREAS at Authority Meeting #11/06, held January 26, 2007, Resolution #A307/06 was approved authorizing staff to send comments in response to the Ministry of the Environment's posting on the Environmental Bill of Rights (EBR) Registry of the "Discussion Paper on Source Protection Committees Under the Clean Water Act, 2006"; WHEREAS the ministry's discussion paper sets out proposed qualifications and selection process for three nominees and recommendation for the position of Chair of the Source Protection Committee (SPC); 19 WHEREAS it is anticipated that the Clean Water Act, 2006 will be proclaimed in mid-2007 coincident with the regulations establishing the source protection regions, lead source protection authorities, and requirement to establish source protection committees; WHEREAS the province will be establishing mandatory timelines for establishment of the SPC and submission by the SPC of Terms of Reference for preparation of the required assessment report; AND WHEREAS Toronto and Region Conservation Authority (TRCA) is the proposed lead conservation authority for the proposed Credit Valley -Toronto and Region-Central Lake Ontario conservation authorities (CTC) Watershed Region which will make TRCA responsible for ensuring certain legislative and proposed regulatory responsibilities and timelines are complied with; THEREFORE LET IT BE RESOLVED THAT staff be authorized to commence the public process for selecting nominees for the position of CTC Source Protection Region Chair; THAT staff be authorized and directed to place advertisements in local and regional newspapers, to place notices on the websites of TRCA and the other partner conservation authorities in the CTC, to advise all local and regional municipalities within the CTC, and to make direct contact with key individuals who may be interested in applying for or nominating a person to serve as the chair; THAT the closing date for expressions of interest from individuals be April 16, 2007 at 4:30 Pm; AND FURTHER THAT the Chief Administrative Officers of TRCA, Credit Valley Conservation (CVC) and Central Lake Ontario Conservation Authority (CLOCA), review the applications received in concert with the proposed qualifications for the position of chair as set out in the ministry's discussion paper, and report back to the Authority on the recommended next steps as soon as possible following proclamation of the Clean Water Act, 2006 and regulations. SECTION II - ITEMS FOR EXECUTIVE ACTION RES.#A25/07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: Glenn De Baeremaeker Gay Cowbourne CARRIED THAT Ontario Regulation 166/06 items 8.2.1- 8.2.26, contained in Section II of Executive Committee Minutes #12/06, held on February 2, 2007, be received. CARRIED 20 RES. #A26 /07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: Suzan Hall Glenn De Baeremaeker THAT Section II items 8.3 - 8.4, inclusive, contained in Executive Committee Minutes #12/06, held on February 2, 2007, be received. CARRIED Section II Items 8.3 - 8.4, Inclusive GAETANO BALDESARRA AND TOWNSHIP OF KING ONTARIO MUNICIPAL BOARD HEARING (Executive Res. #B 186/06) GREENING RETAIL PROGRAM (Executive Res. #B 187/06) SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD RES. #A27 /07 - SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD Moved by: Seconded by: Suzan Hall Glenn De Baeremaeker THAT Section IV items 9.6 - 9.8.2, inclusive, contained in Section IV of Watershed Management Advisory Board Minutes #6/06, held on February 9, 2007, be received. CARRIED Section IV Items 9.6 - 9.8.2, Inclusive FLOOD FORECASTING AND WARNING PROGRAM (Watershed Mgt. Res. #D74/06) HUMBER RIVER WATERSHED PHOTO BOOK (Watershed Mgt. Res. #D75/06) WATERSHED COMMITTEE MINUTES 9.8.1 - Rouge Park Alliance 9.8.2 - Rouge Watershed Task Force (Watershed Mgt. Res. #D76/06) 21 TERMINATION ON MOTION, the meeting terminated at 11:10 a.m., on Friday, February 23, 2007. Gerri Lynn O'Connor Brian Denney Chair Secretary- Treasurer /ks 22 THE TORONTO AND REGION CONSERVATION AUTHORITY MEETING OF THE AUTHORITY #2/07 March 30, 2007 The Authority Meeting #2/07, was held in the South Theatre, Black Creek Pioneer Village , on Friday, March 30, 2007. The Chair Gerri Lynn O'Connor , called the meeting to order at 10:04 a.m.. PRESENT Eve Adams Member Maria Augimeri Vice Chair David Barrow Member Gay Cowbourne Member Glenn De Baeremaeker Member Bill Fisch Member Grant Gibson Member Pamela Gough Member Suzan Hall Member Jack Heath Member Colleen Jordan Member Bonnie Littley Member Glenn Mason Member Peter Milczyn Member Ron Moeser Member Gerr Lynn O'Connor Chair John Parker Member Gino Rosati Member Andrew Schulz Member John Sprovieri Member Richard Whitehead Member ABSENT Paul Ainslie Member Rob Ford Member David Gurin Member Dick O'Brien Member Linda Pabst Member Anthony Perruzza Member Maja Prentice Member 23 RES. #A28 /07 - MINUTES Moved by: Seconded by: Maria Augimeri Bill Fisch THAT the Minutes of Meeting #1/07, held on February 23, 2007, be approved. CARRIED BUSINESS ARISING FROM THE MINUTES RES. #A29 /07 - THE REGION OF DURHAM REPRESENTATIVE ON THE EXECUTIVE COMMITTEE Moved by: Seconded by: Bill Fisch Jack Heath THAT the resignation of Bonnie Litt ley as the Region of Durham representative on the Executive Committee be received. CARRIED RES. #A30 /07 - THE REGION OF DURHAM REPRESENTATIVE ON THE EXECUTIVE COMMITTEE Moved by: Seconded by: Suzan Hall Bill Fisch THAT Colleen Jordan by appointed as the Region of Durham representative on the Executive Committee. CARRIED PRESENTATIONS (a) A presentation by Tony Genco, President and CEO, Parc Downsview Park Inc., in regards to item 7.2 - Downsview Park Community Sustainable Development Criteria. RES. #A31 /07 - PRESENTATIONS Moved by: Jack Heath Seconded by: Maria Augimeri THAT above -noted presentation (a) be heard and received. CARRIED 24 SECTION I - ITEMS FOR AUTHORITY ACTION R ES .#A32/07 - TERMS OF REFERENCE FOR THE DON WATERSHED REGENERATION COUNCIL, HUMBER WATERSHED ALLIANCE AND ETOBICOKE-MIMICO WATERSHEDS COALITION, 2007-2010 Approval of the Terms of Reference for the Don Watershed Regeneration Council, Humber Watershed Alliance and Etobicoke-Mimico Watersheds Coalition, 2007-2010. Moved by: Seconded by: David Barrow Glenn De Baeremaeker WHEREAS the last term of Don Watershed Regeneration Council, Humber Watershed Alliance and Etobicoke-Mimico Watersheds Coalition subcommittees of the Watershed Management Advisory Board, ended in October, 2006 for the Humber and Etobicoke-Mimico and December, 2006 for the Don; AND WHEREAS Toronto and Region Conservation Authority (TRCA) recognizes the important role these watershed subcommittees have played in securing resources, influencing priorities and establishing linkages with residents, local environmental groups, businesses, municipalities, agency staff and to elected officials in helping TRCA meet The Living City objectives; THEREFORE LET IT BE RESOLVED THAT the Terms of Reference for the Don Watershed Regeneration Council 2007- 2010, dated March 21, 2007, as outlined in Attachment 1, be approved; THAT the Terms of Reference for the Humber Watershed Alliance 2007- 2010, dated March 21, 2007, as outlined in Attachment 2, be approved; THAT the Terms of Reference for the Etobicoke-Mimico Watersheds Coalition 2007- 2010, dated March 21, 2007, as outlined in Attachment 3, be approved; THAT one member of the Authority be appointed to each of the watershed subcommittees to assist the watershed specialists, the Director, Watershed Management and/or other directors as required with the selection of members and provide other direction or assistance as required; THAT the regional and local municipalities in the Don, Humber, Etobicoke and Mimico watersheds be requested to appoint councillors and staff liaisons from appropriate departments as set out in the Terms of Reference for each of the watershed subcommittees or technical support groups; AND FURTHER THAT a report be submitted to the Authority identifying the proposed membership for each of the watershed subcommittees for approval. CARRIED 25 BACKGROUND In December of 2006, the members of the Don Watershed Regeneration Council, the Humber Watershed Alliance and the Etobicoke - Mimico Watersheds Coalition completed their terms of appointment. These watershed subcommittees began as task forces, and their origins date back to 1992 when the Don Watershed Task Force was formed to develop a watershed plan for the Don River which resulted in Forty Steps to a New Don . This was followed by the establishment of the Humber Watershed Task Force, that produced Legacy: A Strategy fora Healthy Humber andA Call to Action . The Etobicoke and Mimico Creek Watersheds Task Force developed Greening Our Watersheds. The three above mentioned watershed management plans received outstanding planning awards. A Watershed Plan for the Duffins Creek and Carruthers Creek was developed by the Duffins Creek and Carruthers Creek Task Force. Most recently the Rouge Watershed Task Force has completed the draft of the Rouge Watershed Plan. Following the completion of each of the watershed management plans, an implementation subcommittee has been established. These subcommittees include watershed residents and representatives from businesses, academia, agencies and local groups. Elected officials and municipal staff are also part of the watershed subcommittees directed by a TRCA Watershed Specialist or other TRCA staff, all of whom work diligently to address the issues identified in the watershed plans. The Terms of Reference for these watershed subcommittees have proven to be a valuable mechanism to convey to the members and potential members the purpose of the subcommittees and the expectations of TRCA. At the end of each term, the Terms of Reference are reviewed by staff, following consultation with the watershed subcommittees and others, to refine the Terms of Reference for the next time period. The following changes have been incorporated in the attached Terms of Reference for each of the Don, Humber and Etobicoke - Mimico watershed subcommittees for the upcoming term: 1. The Terms of Reference have been written for a period of 4 years to coincide with the municipal election cycle. 2. The appointments for residents, and business, academic, and community group representatives have been shortened from 3 to 2 years with the option of renewal for the second two years. 3. TRCA's vision for The Living City and strategic plan, including the importance of climate change mitigation and adaption as important elements of watershed management, and the promotion of sustainable communities and a culture of conservation (e.g. energy and water conservation, near urban agriculture). 4. The transition from individual watershed report cards to the development of The Living City Report Card, which will address jurisdiction wide issues as well as individual watershed indicators and targets. 5. Potential to provide a number of forums /opportunities for the members to work collaboratively with members of other watershed subcommittees on policy issues that are TRCA jurisdiction -wide. 6. Involvement of the Don and Humber watershed subcommittees in the development /completion of the integrated watershed management plans to satisfy the legislated requirements of the Oak Ridges Moraine Conservation Plan.. 26 DETAILS OF WORK TO BE DONE • Send letters to municipalities, agencies and community groups asking them to appoint a member and alternate; • place public advertisements in appropriate community newspapers, on web sites and in other media sources encouraging residents, businesses and academic representatives to apply for the respective watershed sub - committees; • staff will contact the offices of elected officials to identify persons which may have an interest in applying as resident or business members; • staff to contact all previous members of the watershed subcommittees to advise them of the time lines for applications; and • plan to have the first meeting of the new watershed subcommittees in June 2007. Report prepared by: Gary Wilkins, extension 5211, Chandra Sharma, extension 5237; Amy Thurston extension 5283 For Information contact: Adele Freeman, extension 5238 Date: March 14, 2007 Attachments: 3 27 Attachment 1 DON WATERSHED REGENERATION COUNCIL TERMS OF REFERENCE 1.0 AUTHORITY DIRECTION At Authority Meeting #4/04, held on May 28, 1994, Authority Resolution #A111/94 was approved, in part, as follows. THAT the Don Watershed Task Force report entitled "40 Steps to a New Don" be received and endorsed;... THAT the staff be directed to provide a terms of reference and member for a Don Regeneration Council for the Authority's consideration in the fall of 1994;... At Authority Meeting #9/04, held on October 28, 1994, Resolution #A224/94 was approved, in part, as follows: THAT the Goals, Membership, Organization and Terms of Reference for the Don Watershed Regeneration Council, as set out in the report, dated October 1994, ... be approved;... At Authority Meeting #9/97, held on October 31, 1997, Resolution #A241/97, establishing the goals, membership, organization and Terms of Reference for the 2nd Don Watershed Regeneration Council 1998 -2000, was approved, in part, as follows: THAT the Terms of Reference including the membership for the Don Watershed Regeneration Council as set out in the report dated October 14, 1997 be approved;... At Authority Meeting #11/00, held on January 5, 2001, Resolution #A267/00, establishing the goals, membership, organization and Terms of Reference for the 3rd Don Watershed Regeneration Council 2001 -2003, was approved, in part, as follows: ...THAT the Terms of Reference including the membership for the Don Council as set out in the report dated December 15, 2000, as attached, be approved;... At Authority Meeting #10/03, held on January 9, 2004, Resolution #A290/03, establishing the goals, membership, organization and Terms of Reference for the 4th Don Watershed Regeneration Council 2004 -2006, was approved, in part, as follows: THAT the Terms of Reference for the Don Watershed Regeneration Council, dated December, 2003, as attached, be approved;... At Authority Meeting #2/07, to be held on March 30, 2007, TRCA will be requested to approve the resolution establishing the Terms of Reference for the fifth term of the Don Watershed Regeneration Council 2007 -2010. 28 2.0 GOALS The goals of the Don Watershed Regeneration Council are to protect, regenerate and celebrate the Don watershed and more specifically to assist Toronto and Region Conservation Authority (TRCA), The Conservation Foundation of Greater Toronto, TRCA partner agencies and watershed municipalities, community groups and the public to: i) secure political support at all levels of government and foster corporate partnerships to advance TRCA's vision for The Living City; ii) achieve The Living City vision of Healthy Rivers and Shorelines, Regional Biodiversity, Sustainable Communities and Business Excellence within the Don watershed; iii) develop, review and complete the updated watershed plan for the Don and its components incorporating new watershed understandings and TRCA's strategic plan and implementation actions; iv) implement the recommendations of the Toronto and Region Remedial Action Plan contained in Clean Waters, Clear Choices: Recommendations for Action and strategic directions contained in subsequent reports as they pertain to the Don watershed; v) implement strategic plans such as the Wet Weather Flow Management Master Plan (Toronto) and the Region of York's sustainability initiatives; vi) implement source water protection initiatives. 3.0 DON WATERSHED REGENERATION COUNCIL MEMBERSHIP AND APPOINTMENT PROCESS The Don Watershed Regeneration Council shall consist of approximately 40 members including: 3.1 TRCA Representatives The Chair of the Authority or other designated Authority member as Ex- officio. 3.2 Regional and Local Municipal Representatives The regional and local municipalities will be requested by TRCA to appoint one council member from each of the "905" regional and local municipalities in the Don River watershed. These representatives will be Ex- officio members. A municipality may appoint a current Authority member. The appointed members should represent an electoral ward within the Don River watershed. 29 • Regional Municipality of York; • City of Vaughan; • Town of Richmond Hill; • Town of Markham. 3.3 City of Toronto Community Council Representatives Within the City of Toronto, the individual community councils will be requested by TRCA to appoint members of Council. The city may appoint a current Authority member. These representatives will be Ex- officio members. One Councillor is required from each of the City of Toronto's community councils which have the Don watershed within its boundaries. • Toronto North Community Council; • Toronto South Community Council; • Toronto East Community Council. 3.4 Other Public Agency Representatives The following federal and provincial agencies which have a specific interest in the Don watershed will be requested by TRCA to appoint a representative and an alternate. These representatives will be Ex- officio members. • Environment Canada; • Ontario Ministry of Environment; • Ontario Ministry of Natural Resources. 3.5 Community Group Representatives The following community groups which have a specific interest in the Don watershed will be requested by TRCA to appoint a representative and an alternate to the Don Watershed Regeneration Council. • The Task Force to Bring Back the Don, City of Toronto; • Friends of the Don East; • Richmond Hill Naturalists; • Toronto Green Community. Others may be added throughout the term should their knowledge, skills and experience be advantageous to the work of the Council. 30 3.6 Watershed Residents, Business Members and Academic Institution Representatives Applications from watershed residents, businesses and academic institutions will be solicited through announcements in newsletters, local newspapers, web sites, volunteer networks, and through press releases. A committee of three persons, comprised of one member of the Authority, a TRCA senior staff member and the Don Watershed Specialist will recommend appointments to the Don Watershed Regeneration Council. This selection will take into consideration the following: • demonstrated interest in the watershed /community; • willingness of the applicant to meet the potential time and work commitments; • geographical representation within the watershed; • resident members should live within the Don watershed or an adjacent Lake Ontario drainage area; and • technical /professional knowledge, skills and experience in disciplines that would assist in the implementation of assigned tasks and responsibilities. Up to 20 persons representing watershed residents, businesses and academic institutions who have demonstrated experience, knowledge, interest and skills in one of the following fields: • writing /communications; • business; • fund - raising; • natural environment; • planning and engineering; • environmental policy; • academics /education; • social marketing; • culture, heritage and recreation. 4.0 GUESTS Don Watershed Regeneration Council meetings are open to the public. We encourage others interested in actively giving their time and talents to the protection, regeneration and celebration of the watershed to become involved. These persons are not official members but will be acknowledged as 'guests' by the watershed council. They will not have voting privileges nor be eligible for travel expenses to and from meetings. Guests are not required to be residents of the watershed. 31 5.0 TERM OF APPOINTMENT These Terms of Reference are valid for four years (2007 - 2010). The regional and local municipalities and other public agencies will be requested to appoint their representatives for a two year term with the option to renew for an additional two years to coincide with the four year term of municipal councils. All other members will be appointed for a two year term with the option to renew for two years. Membership will be reviewed on an annual basis. Members, excluding ex- officio members, unable to fulfill their commitments will be replaced after missing three consecutive meetings (without notice) by the Authority based on the nominees recommended by Authority members, other watershed council members and TRCA staff. Notice of resignations and recommendations for new members will be presented to the Authority on an as required basis for approval. 6.0 ATTENDANCE AT MEETINGS Members will be required to attend regular evening meetings of the Don Watershed Regeneration Council to be held approximately 6 -8 times annually. It is anticipated that evening meetings for Don Watershed Regeneration Council working committees will be held approximately 6 -8 times annually. Additional meetings may be required to deal with specific issues from time to time. Meetings may be held during regular work hours depending on the preference and availability of members and staff. Members will contribute to the work of the watershed council, prepare effectively for, and participate in, at least one working committee. 7.0 SELECTION OF CHAIR AND VICE CHAIR The Chair and Vice Chair will be elected by the Don Watershed Regeneration Council from amongst its members. The Authority may appoint an interim Chair until such time that an election can take place. The Chair and Vice Chair will also be ex- officio members of all working committees. 8.0 REPORTING RELATIONSHIP The Don Watershed Regeneration Council is considered a subcommittee of TRCA's Watershed Management Advisory Board. The watershed council Chair will report on a regular basis to the Authority on projects and progress through meeting minutes of the watershed council. The Don Watershed Regeneration Council is not a formal commenting body regarding review and approval of planning applications or permits. Staff will advise the watershed council of major projects within the watershed and may ask them for comments. 32 The Don Watershed Regeneration Council may, on its own, provide comments or other information for the consideration of staff and the Authority. 9.0 RESOURCES AVAILABLE TO THE DON WATERSHED REGENERATION COUNCIL 9.1 TRCA Support TRCA will provide staff support for the watershed council, including technical project support and community outreach, based on available funding. Subject to available funding, the staff secretariat will include: • Don Watershed Specialist; • Project Manager, Watershed Planning; • Administrative Clerk. The Don Watershed Regeneration Council, and its working committees, will otherwise strive to be self- sufficient in achieving their goals. 9.2 Other Resources Funding may be available for projects and activities of working committees based on approved work plans and available TRCA funding. Working committee members are encouraged to secure other resources and partnerships for watershed council projects and activities, whenever possible. In -kind or other support for projects and activities will be welcome from business, industries, other government agencies, private foundations, educational institutions and others in accordance with TRCA policies. In -kind or other support will be coordinated with the assistance of The Conservation Foundation of Greater Toronto, where appropriate. 9.3 Technical Advisory Committee In addition to the Don Watershed Regeneration Council, it is recommended that an agency technical working group be established to assist TRCA staff in the development of the updated watershed plan. 10.0 STRUCTURE OF THE DON WATERSHED REGENERATION COUNCIL 10.1 Chair's Committee This subcommittee will undertake key administrative responsibilities pertaining to the watershed council's agenda and work plan. The group will meet prior to the watershed council's meeting and on other occasions as needed. This committee will be made up of the Chair, Vice Chair, working committee chairs, and other key members, as well as the appropriate TRCA support staff. 33 10.2 Jurisdiction -wide Watershed Committee(s) Members of the Don Watershed Regeneration Council will be encouraged to work with other watershed advisory committee members to collaborate on issues of common interest. 10.3 Working Committees The Don Watershed Regeneration Council will undertake its work through the active involvement of its members on at least one committee. Working committees will be established on an `as required' basis and will be dissolved when their work is substantially complete. New committees will be struck to deal with specific issues as determined by the Don Watershed Regeneration Council and TRCA staff. A chair person for each working committee will be selected from the Don Watershed Regeneration Council membership. The Chair will report to the watershed council on a regular basis. 11.0 COMPENSATION OF WATERSHED COUNCIL MEMBERS At regular Don Watershed Regeneration Council meetings, as well as working committee meetings, members will be eligible for travel expenses according to TRCA policy where these are not covered by their agency or other source. The TRCA policy on volunteers is also applicable. 12.0 RULES OF CONDUCT The Don Watershed Regeneration Council will adhere to TRCA's Rules of Conduct as adopted by Resolution #34 at Authority Meeting #2/86, held on March 21, 1986, and as amended periodically. 13.0 QUORUM A quorum will consist of one -third of the members of the Don Watershed Regeneration Council. Alternate members will have voting privileges on all matters of business. 14.0 PRIMARY RESPONSIBILITIES The Don Watershed Regeneration Council shall: • Adhere to the basic principles of sound ecosystem management that recognizes the interrelationship between cultural heritage, physical characteristics, biological conditions and economic needs, and the integration of conservation, restoration and economic activities necessary for the health of the watershed. • Assist with the development, consultation and review of the updated watershed plan for the Don and its components. 34 • Participate in efforts of the Toronto Waterfront Revitalization Corporation with respect to the naturalization and flood protection at the mouth of the Don and related activities. • Work collaboratively with TRCA staff, and other watershed /waterfront advisory committees to develop The Living City Report Card which will address jurisdiction -wide issues as well as watershed specific indicators and targets. • Work collaboratively with TRCA staff, and other watershed /waterfront advisory committees to address issues of common concern such as providing input to the Toronto Area Remedial Action Plan, source protection planning and other regional policy or planning issues. • Act as the Don watershed advocate in large projects that cross municipal boundaries and support major projects advocated for by others which will protect, regenerate and celebrate the Don watershed. • Work with TRCA and The Conservation Foundation of Greater Toronto to seek new partners and sources of funding for identified priority projects. • Assist TRCA in identifying potential public greenspace and work with owners to develop conservation easements, donations and bequests in accordance with TRCA's Greenlands Acquisition Project for 2006 -2010. • Maintain and enhance contacts within the community regarding watershed management issues. • Provide a framework for meaningful communication and community involvement in watershed management. • Support local community groups and build capacity within the general community to deliver watershed management products and services. 35 Attachment 2 HUMBER WATERSHED ALLIANCE TERMS OF REFERENCE 1.0 AUTHORITY DIRECTION At Authority Meeting #11/96, held on December 20, 1996, Resolution #A261/96 was approved, in part, as follows: THAT the Humber Watershed Task Force reports entitled "Legacy. A Strategy for a Healthy Humber', dated November20, 1996 and `A Call to Action: Implementing the Humber Watershed Strategy', dated October 30, 1996, be received and endorsed;... THAT the staff be directed to provide a terms of reference and membership proposal for a Humber Watershed Alliance for the Authority's consideration in the spring of 1997;... At Authority Meeting #4/97, held on May 30, 1997, Resolution #A98/97 was approved, as follows: THAT the Terms of Reference for the Humber Watershed Alliance, dated May 8, 1997, as in WMAB Res. #D39/97, be adopted; AND FURTHER THAT staff be directed to take all actions necessary to establish the Humber Watershed Alliance in time for the first meeting to occur in October, 1997 At Authority Meeting #11/00, held on January 5, 2001, Resolution #A266/00, establishing the goals, membership, organization and Terms of Reference for the second Humber Watershed Alliance 2001 -2003, was approved, in part, as follows: THAT the Terms of Reference for the Humber Watershed Alliance, dated December, 2000, as appended, be approved;... At Authority Meeting #10/03, held on January 9, 2004, Resolution #A289/03, establishing the goals, membership, organizational and Terms of Reference for the third Humber Watershed Alliance, 2004 -2006 was approved, in part, as follows: THAT the Terms of Reference for the Humber Watershed Alliance, dated December, 2003, as attached, be approved;... At Authority Meeting #2/07, to be held on March 30, 2007, TRCA will be requested to approve the resolution establishing the Terms of Reference for the fifth term of the Humber Watershed Alliance 2007 -2010. 36 2.0 GOALS The goals of the Humber Watershed Alliance are to protect, restore and celebrate the Humber River watershed and, more specifically, to assist the Toronto and Region Conservation Authority (TRCA), The Conservation Foundation of Greater Toronto, government agencies, watershed municipalities, community groups and the public to: i) secure political support at all levels of government and foster corporate partnerships to advance TRCA's vision for The Living City; ii) achieve The Living City vision of Healthy Rivers and Shorelines, Regional Biodiversity, Sustainable Communities and Business Excellence within the Humber watershed; ii) implement priority recommendations in the Humber Watershed Task Force's report titled "Legacy; A Strategy for a Healthy Humber" (1997); iii) implement recommended actions to meet the targets identified in the Humber watershed report cards; "A Report Card on the Health of the Humber River Watershed (2000)", `2003 Humber Watershed Progress Report ", and "Listen to Your River; A Report Card on the Health of the Humber River Watershed - 2006' iv) maintain and improve the natural and human heritage and recreational values that distinguish the Humber as a Canadian Heritage River; v) implement the recommendations of the Toronto and Region Remedial Action Plan contained in "Clean Waters, Clear Choices; Recommendations for Action" and strategic directions contained in subsequent reports as they pertain to the Humber River watershed; vi) implement strategic plans such as the Wet Weather Flow Management Master Plan (Toronto) and the regions of Peel and York sustainability initiatives; vii) implement source water protection initiatives. 3.0 HUMBER WATERSHED ALLIANCE MEMBERSHIP AND APPOINTMENT PROCESS The Humber Watershed Alliance shall consist of approximately 60 members including: 3.1 TRCA Representatives The Chair of the Authority or other designated Authority member as Ex- officio. 37 3.2 Regional and Local Municipal Representatives The regional and local municipalities will be requested by TRCA to appoint one council member from each of the "905" regional and local municipalities in the Humber River watershed. These representatives will be Ex- officio members. A municipality may appoint a current Authority member. The appointed members should represent an electoral ward within the Humber River watershed. • Regional Municipality of York; • Regional Municipality of Peel; • Town of Richmond Hill; • City of Vaughan; • Township of King; • Town of Aurora; • City of Mississauga; • City of Brampton; • Town of Caledon; • Town of Mono; • Township of Adjala - Tosorontio. 3.3 City of Toronto Community Council Representatives Within the City of Toronto, the individual community councils will be requested by TRCA to appoint members of Council. The city may appoint a current Authority member. These representatives will be Ex- officio members. One Councillor is required from each of the City of Toronto's community councils which have the Humber River watershed within its boundaries. • Toronto North Community Council; • Toronto South Community Council; • Toronto West Community Council. 3.4 Other Public Agency Representatives The following federal and provincial agencies which have a specific interest or mandate in issues such as source water protection, Toronto and Region Remedial Action Plan, Great Lakes Water Quality, Climate Change, Greenbelt Plan and Places to Grow will be requested by TRCA to appoint a senior staff and an alternate. These representatives will be Ex- officio members. • Environment Canada; • Ontario Ministry of Natural Resources; • Ontario Ministry of Environment; • Ontario Ministry of Citizenship, Culture and Recreation; • Ontario Ministry of Agriculture, Food and Rural Affairs. 38 3.5 Municipal Staff Liaison Representatives Each municipality within the Humber River watershed will be requested by TRCA to designate staff liaison(s) to the Humber Watershed Alliance from appropriate departments with direct responsibilities for open space, planning, water management, heritage and operations. These staff will be invited to all meetings but will be requested to participate on specific working committees or group. Annually, a separate meeting /forum may be held to share information on Humber watershed strategic planning that is underway, regeneration activities carried out directly by TRCA, municipalities or others, and to ensure on -going liaison with appropriate departments. 3.6 Community Group Representatives The following community groups will be requested by TRCA to appoint a representative and an alternate to the Humber Watershed Alliance. • Action to Restore a Clean Humber; • Black Creek Project; • Community action sites /stewardship groups (Bolton, Claireville, Boyd, Oak Ridges Corridor Park (Kettle Lakes Nature Reserve at Richmond Hill)); • Community Economic Development For Immigrant Women; • GTA Agricultural Action Plan; • Toronto Food Policy Council; • Afri -can Food Basket; • Farm Start; • Food Share; • First Nations; • Friends of Boyd Park; • Friends of Claireville; • Humber Arboretum; • Humber Valley Heritage Trail Association; • Caledon Cycling Association; • Architectural Conservancy of Ontario; • Humber Heritage Committee; • La Societe d'histoire de Toronto; • Ontario Streams; • Trout Unlimited; • Richmond Hill Naturalists; • Save the Oak Ridges Moraine; • Citizens Environment Watch; • West Humber Naturalists; • Peel Federation of Agriculture; • York Federation of Agriculture; • York Soil & Crop Improvement Association. Others may be added throughout the term should their knowledge, skills and experience be advantageous to the work of the Humber Alliance. 39 3.7 Watershed Residents, Business Members and Academic Institution Representatives Applications from businesses, academic institutions and watershed residents will be solicited through announcements in newsletters, local newspapers, web sites, volunteer networks, and through press releases. A committee of three persons consisting of one member of the Authority, a TRCA senior staff member and the Humber Watershed Specialist will recommend appointments to the Humber Watershed Alliance. This selection will take into consideration the following: • demonstrated interest in the watershed /community; • willingness of the applicant to meet the potential time and work commitments; • geographical representation of the watershed; • resident members should live within the Humber watershed or an adjacent Lake Ontario drainage area; • technical /professional knowledge, skills and experience in disciplines that would assist in the implementation of assigned tasks. 3.7.1 Business Representatives /Business Organization Representatives Three members representing businesses and /or business organizations interested in corporate environmental stewardship and the economic vitality of the region. 3.7.2 Academic Institution Representatives Three representatives from the university, college and public /catholic /private school systems interested in watershed management, restoration, research, and in integrating sustainability issues into watershed applications and /or curriculum. • University of Guelph; • York University; • Seneca College; • public and catholic school boards; • private school. 3.7.3 Watershed Resident Representatives Twenty five Humber River watershed residents who have demonstrated experience, knowledge and skills in one of the following fields: • urban agriculture; • communications; 40 • environmental education; • environmental monitoring; • fundraising; • human heritage; • natural heritage; • planning and policy; • recreation; • social marketing. 4.0 GUESTS The Humber Watershed Alliance meetings are open to the public. Persons interested in actively giving their time and expertise to the protection, restoration and celebration of the watershed are welcome. These persons are not official members but will be acknowledged as guests of the Humber Alliance. They will not have voting privileges nor be eligible for travel expenses to and from meetings. Guests are not required to be residents of the watershed. 5.0 TERM OF APPOINTMENT These Terms of Reference are valid for four years (2007 - 2010). The regional and local municipalities and other public agencies will be requested to appoint their representatives for a two year term with the option to renew for an additional two years to coincide with the four year term of municipal councils. All other members will be appointed for a two year term with the option to renew for two years. Membership will be reviewed on an annual basis. Members, excluding ex- officio members, unable to fulfill their commitments will be replaced after missing three consecutive meetings (without notice) by the Authority based on the nominees recommended by Authority members, other alliance members and TRCA staff. Notice of resignations and recommendations for new members will be presented to the Authority on an as required basis for approval. 6.0 ATTENDANCE AT MEETINGS Members are required to attend regular evening meetings of the whole Humber Watershed Alliance approximately four times annually. It is anticipated that evening meetings for Humber Watershed Alliance working committees, community action sites and stewardship will be held approximately six times annually. Additional meetings may be required to deal with specific issues from time to time. Meetings may be held during regular work hours depending on the preference and availability of members and staff. Members will contribute to the work of the Humber Alliance, prepare effectively for, and participate in, at least one working committee, community action site or stewardship group. 41 7.0 SELECTION OF CHAIR AND VICE -CHAIR The Chair and Vice Chair of the Humber Watershed Alliance will be elected from amongst its members. The Authority may appoint an interim Chair until such time as an election can take place. The Chair and Vice Chair will also be ex- officio members of all working committees, community action site and stewardship groups. 8.0 REPORTING RELATIONSHIP The Humber Watershed Alliance is considered a subcommittee of TRCA's Watershed Management Advisory Board. The Humber Watershed Alliance Chair will report on a regular basis to the Authority on projects and progress through meeting minutes of the Humber Alliance. The Humber Watershed Alliance is not a formal commenting body regarding review and approval of planning applications or permits. Staff will advise the Humber Watershed Alliance of major projects within the watershed and may ask them for comments. The Humber Watershed Alliance may, on its own, provide comments or other information for the consideration of staff and the Authority. 9.0 RESOURCES AVAILABLE TO THE HUMBER WATERSHED ALLIANCE 9.1 TRCA Support TRCA will provide staff support for the Humber Watershed Alliance, including technical project support and community outreach. Subject to available funding, the staff secretariat will include: • Humber Watershed Specialist; • Project Manager, Watershed Planning; • Planner, Watershed Resources; • Administrative Clerk (part time). The Humber Watershed Alliance, and its working committees, community action site and stewardship groups will otherwise strive to be self- sufficient in achieving their goals. 42 9.2 Other Resources Funding may be available for projects and activities of working committees, community action site and stewardship groups based on approved work plans and available TRCA funding. Members are encouraged to secure other resources and partnerships for Humber Watershed Alliance projects and activities, whenever possible. In -kind or other support for projects and activities are welcome from businesses, industries, government agencies, private foundations, educational institutions and others in accordance with TRCA policies. In -kind or other support will be coordinated with the assistance of The Conservation Foundation of Greater Toronto, where appropriate. 10.0 STRUCTURE OF THE HUMBER WATERSHED ALLIANCE 10.1 Chair's Committee This subcommittee may be formed to undertake key administrative responsibilities pertaining to the Humber Alliance's agenda and work plan. The group will meet prior to the Humber Alliance meetings and on other occasions as needed. This committee will be made up of the Chair, Vice Chair, working committee chairs and other key members as well as the appropriate TRCA support staff. 10.2 Jurisdiction -wide Watershed Committee(s) Members of the Humber Watershed Alliance will be encouraged to work with other watershed advisory committee members to collaborate on issues of common interest. 10.3 Working Committees, Community Action Site and Stewardship Groups The Humber Watershed Alliance will undertake its work through the active involvement of its members on at least one working committee, community action site or stewardship group. These committees and groups will be established on an as required basis and will be dissolved when their work is substantially complete. These committees will be established to deal with specific actions or projects as determined by the Humber Watershed Alliance and TRCA staff. Working committees, community action sites and stewardship groups will be generally limited to 3 - 4 at any one time. This will ensure the necessary focus and effort required, while serving to limit, to a reasonable level, the demands on the Humber Watershed Alliance members, TRCA staff and other agencies. 43 A Chair and Vice Chair will be appointed for each of the working committees, community action site and stewardship groups. The Chair and Vice Chair of each working committee, community action site and stewardship group will be a Humber Watershed Alliance member or alternate. The Chairs will be responsible for implementing their Terms of Reference as approved by the Humber Alliance and report to the alliance on a regular basis. Community action sites and stewardship groups may be active even after the Humber Alliance has completed its term. All members of working groups, community action sites and stewardship groups are welcome to attend Humber Alliance meetings as guests regardless of being approved members of the alliance. 11.0 COMPENSATION OF WATERSHED ALLIANCE MEMBERS For regular Humber Watershed Alliance meetings, as well as working committee meetings, members will be eligible for travel expenses according to TRCA policy where these are not covered by their agency or other source. The TRCA policy on volunteers is also applicable. 12.0 RULES OF CONDUCT The Humber Watershed Alliance will adhere to TRCA's Rules of Conduct as adopted by Resolution #34 at Authority Meeting #2/86, held on March 21, 1986, and as amended periodically. 13.0 QUORUM A quorum will consist of one -third of the members of the Humber Watershed Alliance. Alternate members will have voting privileges on all matters of business. 14.0 PRIMARY RESPONSIBILITIES The Humber Watershed Alliance shall: • Adhere to the basic principles of sound ecosystem management that recognizes the interrelationship between cultural heritage, physical characteristics, biological conditions and economic needs, and the integration of conservation, restoration and economic activities necessary for the health of the watershed. • Assist with updates to the Humber River watershed management plan and associated implementation strategy required by the Oak Ridges Moraine Conservation Plan. 44 • Assist with habitat regeneration, natural resource management, stewardship, recreational and heritage activities in consultation with watershed stakeholders that will lead to the realization of The Living City vision. This includes but is not limited to: • initiatives that further TRCA's Sustainable Communities objective such as near urban agriculture; • energy conservation, green building technologies and business - related community partnerships; • identification, protection, celebration and promotion of cultural and heritage values in the Humber River watershed; • natural heritage restoration such as the re- introduction of Atlantic salmon. • Act as the Humber watershed advocate in large projects that cross municipal boundaries and support major projects advocated by others which will protect, regenerate and celebrate the Humber watershed. • Assist in gaining financial and in -kind resources. • In conjunction with TRCA and others, assist with technical forums leading to improvements in planning and practice, throughout the watershed. • Provide leadership and inform local communities about watershed management through public meetings, publications, displays and special events. • Assist TRCA in identifying potential public greenspace and work with owners to develop conservation easements, donations and bequests in accordance with TRCA's Greenlands Acquisition Project for 2006 -2010. • Work collaboratively with TRCA staff, and other watershed /waterfront advisory committees to develop The Living City Report Card which will address jurisdiction -wide issues as well as watershed specific indicators and targets. 45 Attachment 3 ETOBICOKE- MIMICO WATERSHEDS COALITION Terms of Reference 1.0 AUTHORITY DIRECTION At Authority Meeting #5/02, held on May 24, 2002, Resolution #A124/02 was approved as follows: THAT the Terms of Reference for the Etobicoke-Mimico Watersheds Coalition, dated May, 2002, as appended, be approved;... At Authority Meeting #2/07, held on March 30, 2007, TRCA will be requested to approve the resolution establishing the Terms of Reference for the second term of the Etobicoke - Mimico Watersheds Coalition. 2.0 GOALS The goals of the Etobicoke - Mimico Watersheds Coalition are to protect and regenerate the Etobicoke Creek and Mimico Creek watersheds and, more specifically, to assist the Toronto and Region Conservation Authority (TRCA), The Conservation Foundation of Greater Toronto, TRCA partner agencies and watershed municipalities to: i) secure political support at all levels of government and foster corporate partnerships to advance TRCA's vision for The Living City; ii) achieve The Living City vision of Healthy Rivers and Shorelines, Regional Biodiversity, Sustainable Communities and Business Excellence within the Etobicoke and Mimico Creek watersheds; iii) address priorities to meet targets identified in the document titled, "Turning over a new leaf: The Etobicoke and Mimico Creeks Watersheds Report Card 2006" and "Greening Our Watersheds: Revitalization Strategies for Etobicoke and Mimico Creeks'; iv) implement the recommendations of the Toronto and Region Remedial Action Plan contained in Clean Waters, Clear Choices: Recommendations for Action and strategic directions contained in subsequent reports as they pertain to the Etobicoke and Mimico Creek watersheds; v) implement strategic plans such as the Wet Weather Flow Management Master Plan (Toronto) and the regions of Peel and York sustainability initiatives; vi) implement source water protection initiatives. 46 3.0 ETOBICOKE - MIMICO WATERSHEDS COALITION MEMBERSHIP AND APPOINTMENT PROCESS The Etobicoke - Mimico Watersheds Coalition shall consist of approximately 40 members including: 3.1 TRCA The Chair of the Authority or other designated Authority member as Ex- officio. 3.2 Regional and Local Municipalities The regional and local municipalities will be requested by TRCA to appoint one Council member from each of the "905" regional and local municipalities in the Etobicoke and Mimico creeks watershed. These representatives will be Ex- officio members. A municipality may appoint a current Authority member. The appointed members should represent an electoral ward within the watershed. • Regional Municipality of Peel; • City of Mississauga; • City of Brampton; • Town of Caledon. 3.3 City of Toronto- Etobicoke Community Council Within the City of Toronto, the Etobicoke Community Council will be requested to appoint a member of Council. The city may appoint a current Authority member. This representative will be an Ex- officio member. 3.4 Other Public Agencies The following federal and provincial agencies which have a specific interest in the Etobicoke Creek and Mimico Creek watersheds will be requested by TRCA to appoint a representative and an alternate. These representatives will be Ex- officio members. • Environment Canada; • Ontario Ministry of Natural Resources; • Ontario Ministry of Environment; • Ontario Ministry of Agriculture, Food and Rural Affairs. 47 3.5 Municipal Staff Liaison Each municipality within the Etobicoke and Mimico creeks watershed will be requested to designate a staff liaison for the coalition from an appropriate department with direct responsibilities for open space, planning, water management and operations. These staff will be invited to all meetings and may wish to join specific working committees. Annually, a separate meeting /forum may be held to share information on various watershed plans underway, regeneration activities carried out directly by municipalities and to ensure on -going liaison with appropriate departments. 3.6 Municipal Environmental Advisory Committees One member or alternate representing the following municipal environmental advisory committees will be invited to appoint a representative. • Brampton Environmental Community Advisory Panel or Brampton Clean City Committee; • City of Mississauga Environmental Advisory Committee; • Caledon Environmental Advisory Committee or Citizens for a Clean Caledon; • Lakeshore Grounds Coordinating Committee, City of Toronto. 3.7 Community Groups /ENGO'S The following community groups will be requested by TRCA to appoint a representative and an alternate to the Etobicoke Creek and Mimico Creek watersheds. • Citizens Concerned About the Future of the Etobicoke Creek Waterfront; • Peel Federation of Agricultural or GTA Agriculture Advisory Committee; • Credit River Anglers Association (mandate includes Etobicoke Creek); • Ecosource Mississauga; • Toronto Field Naturalists; • Peel Environmental Youth Alliance (PEYA); • Toronto Food Policy Council; • West Humber Naturalist (mandate includes Etobicoke - Mimico); • Toronto Bay Initiative; • Colonel Sam Smith Park Group; • Friends of Heart Lake. Others may be added throughout the term should their knowledge, skills and experience be advantageous to the work of the Etobicoke-Mimico Watersheds Coalition. 48 3.8 Watershed Residents, Business Members and Academic Institution Representatives Applications from businesses, academic institutions and watershed residents will be solicited through announcements in the newsletters, local newspapers and through press releases. A committee of three persons, comprised of one member of the Authority, a TRCA senior staff member and the Etobicoke Mimico Watershed Specialist, will recommend appointments to the Etobicoke - Mimico Watersheds Coalition. This selection will take into consideration the following: • demonstrated interest in the watershed /community; • willingness of the applicant to meet the potential time and work commitments; • geographical representation of the watershed and or Lake Ontario drainage area; • professional expertise and /or knowledge of the watershed in any area which would assist in the implementation of assigned tasks. 3.8.1 Business Organizations Maximum of five members representing businesses and /or business organizations interested in corporate environmental stewardship and the economic vitality of the region. The following businesses will be invited to participate: • Greater Toronto Airports Authority; • Peel Village Golf Club; • Toronto Golf Club and or Markland Woods Golf Club; • General Mills; • Woodbine Race Track; • Pratt and Whitney Canada. 3.8.2 Academic Institutions Two representatives from the university, college and public /catholic /private school systems interested in watershed management, restoration, research and integrating sustainability issues into watershed applications and curriculum. 3.8.3 Watershed Residents 15 watershed residents including those interested in, or having experience in, the following fields: • writing /communications; • business; • fundraising; • natural environment; 49 • planning and engineering; • environmental policy; • academics /education; • social marketing; • agriculture; • culture and heritage and recreation. 3.9 Representation from TRCA's Community Action Area/Stewardship Groups One representative and alternate (Chair and /or Vice Chair) from each of the following community action /stewardship groups *: • Heart Lake Community Action Group; • South Mimico Stewardship Group; • Melton Community Area Stewardship Group; • Mimico Waterfront Linear Park Working Implementation Group. Note: As additional community action areas are developed and stewardship groups formed, a representative from each new stewardship group will be invited to join the watersheds coalition. Such potential areas include, but are not limited to: • south Etobicoke Creek; • Little Etobicoke Creek; • business /industrial central Etobicoke - Mimico; • Etobicoke headwaters; • Arsenal Lands /Marie Curtis Park. 4.0 GUESTS Etobicoke - Mimico Watersheds Coalition meetings are open to the public. We encourage others interested in actively giving their time and talents to the protection, regeneration and celebration of the watershed to become involved. These persons will be acknowledged as 'guests' by the coalition and will not have voting privileges nor be eligible for travel expenses to and from meetings. Guests are not required to be residents of the watershed. 5.0 TERM OF APPOINTMENT These Terms of Reference are valid for four years (2007 - 2010). The regional and local municipalities and other public agencies will be requested to appoint their representatives for a two year term with the option to renew for an additional two years to coincide with the four year term of municipal councils. All other members will be appointed for a two year term with the option to renew for two years. 50 Membership will be reviewed on an annual basis. Members, excluding Ex- officio members, unable to fulfill their commitments will be replaced after missing three consecutive meetings (without notice) by the Authority based on the nominees recommended by Authority members, other coalition members and TRCA staff. Notice of resignations and recommendations for new members will be presented to the Authority on an as required basis for approval. 6.0 ATTENDANCE AT MEETINGS Members are required to attend regular evening meetings of the Etobicoke - Mimico Watersheds Coalition approximately four times annually. It is anticipated that evening meetings for working committees, community action areas and stewardship groups will be held approximately six times annually. Additional meetings may be required to deal with specific issues from time to time. Meetings may be held during regular work hours depending on the preference and availability of members and staff. Members will contribute to the work of the coalition, prepare effectively for, and participate in, at least one working committee, community action areas or stewardship group. 7.0 SELECTION OF CHAIR AND VICE CHAIR OF THE ETOBICOKE - MIMICO WATERSHEDS COALITION The Chair and Vice Chair will be elected by the watersheds coalition from amongst its members. The Authority may appoint an interim Chair until such time that an election can take place. The Chair and Vice Chair will also be Ex- officio members of all working committees and groups. 8.0 REPORTING RELATIONSHIP The Etobicoke - Mimico Watersheds Coalition is considered a subcommittee of TRCA's Watershed Management Advisory Board. The coalition Chair will report on a regular basis to the Authority on projects and progress through meeting minutes of the coalition. The Etobicoke - Mimico Watersheds Coalition is not a formal commenting body regarding review and approval of planning applications or permits. Staff will advise the coalition of major projects within the watershed and may ask them for comments. The Etobicoke - Mimico Watersheds Coalition may, on its own, provide comments or other information for the consideration of staff and the Authority. 51 9.0 RESOURCES AVAILABLE TO THE ETOBICOKE - MIMICO WATERSHEDS COALITION 9.1 TRCA Support TRCA will provide staff support for the Etobicoke - Mimico Watersheds Coalition, including technical project support and community outreach. Subject to available funding, the staff secretariat will include: • Etobicoke Mimico Watershed Specialist; • Project Manager, Watershed Resources; • Planner, Watershed Resources; • Administrative Clerk. The Etobicoke - Mimico Watersheds Coalition, and its working committees, will otherwise strive to be self- sufficient in achieving their goals. 9.2 Other Resources Funding may be available for projects and activities of working committees based on approved work plans and available TRCA funding. Working committee members are encouraged to secure other resources and partnerships for coalition projects and activities, whenever possible. In -kind or other support for projects and activities will be welcome from businesses, industries, other government agencies, private foundations, educational institutions and others in accordance with TRCA policies. All in -kind or other support will be coordinated with, or through, The Conservation Foundation of Greater Toronto. 10.0 STRUCTURE OF THE COALITION 10.1 Chair's Committee This subcommittee will undertake key administrative responsibilities pertaining to the coalition's agenda and work plan. The committee may also assist with advocacy actions, solicit strategic partnerships and seek out funding resources to meet the objectives of the coalition. The group will meet two weeks prior to the coalition meeting and on other occasions as needed. This committee will be made up of the Chair and Vice Chair of the coalition, any working committee chairs and TRCA's Etobicoke Mimico Watershed Specialist. 10.2 Jurisdiction -Wide Watershed Committee(s) Members of the coalition will be encouraged to work with members from other TRCA watershed committees to collaborate on issues of common interest. 52 10.3 Working Committees The Etobicoke - Mimico Watersheds Coalition will undertake its work through the active involvement of its members on at least one committee. Working committees will be established on an `as required' basis and will be dissolved when their work is substantially complete. New committees will be struck to deal with specific issues as determined by the coalition and TRCA staff. The number of committees will generally be limited to 2 working committees at any one time. This will ensure the necessary focus and effort required, while serving to limit, to a reasonable level, the demands on the watersheds coalition members, and staff of TRCA and other agencies. A Chair for each working committee will be selected from the Etobicoke - Mimico Watersheds Coalition membership. The Chair will report to the coalition on a regular basis. 10.4 Community Action Area/Stewardship Groups The Chair and Vice Chair of each group will be a coalition member or alternate. These groups will meet monthly (or as required) except for months with coalition meetings and report to the coalition. The term of community action area /stewardship groups of TRCA is not determined by the coalition. These groups will continue to work even after the coalition has completed its term. Members of these groups will be invited to the coalition as guests at the meetings. The community action area /stewardship groups will report to the coalition on a regular basis. Terms of Reference will be developed and approved by the coalition for each committee established. 11.0 COMPENSATION OF WATERSHEDS COALITION MEMBERS At regular Etobicoke - Mimico Watersheds Coalition meetings, as well as working committee meetings, members will be eligible for travel expenses according to TRCA policy where these are not covered by their agency or other source. The TRCA policy on volunteers is also applicable. 12.0 RULES OF CONDUCT The Etobicoke - Mimico Watersheds Coalition will adhere to TRCA's Rules of Conduct as adopted by Resolution #34 at Authority Meeting #2/86, held on March 21,1986, and as amended periodically. 13.0 QUORUM A quorum will consist of one -third of the members of the Etobicoke - Mimico Watersheds Coalition. Alternate members will have voting privileges on all matters of business. 53 14.0 PRIMARY RESPONSIBILITIES The Etobicoke - Mimico Watersheds Coalition shall: • Adhere to the basic principles of sound ecosystem management that recognizes the interrelationship between cultural heritage, physical characteristics, biological conditions and economic needs, and the integration of conservation, restoration and economic activities necessary for the health of the watershed. • Assist with the implementation of habitat regeneration, stormwater management, stewardship, recreational and heritage activities that will lead to the realization of the vision of The Living City and priority actions identified in "Greening our Watersheds: Revitalization Strategy for Etobicoke and Mimico Creeks", and " Turning over a new leaf: The Etobicoke and Mimico Creeks Watersheds Report Card 2006" • Provide a forum for watershed communication by maintaining and enhancing contacts within the community regarding watershed management issues. • Build capacity within the general community and influence people's behavior through innovative social marketing approaches. • Act as the Etobicoke Creek and Mimico Creek watersheds champion in large projects that cross municipal boundaries and support major projects advocated by others which will respect, protect and regenerate the Etobicoke Creek and Mimico Creek watersheds. • Assist with projects that further the TRCA Sustainable Communities objective such as Pearson eco- industrial initiative within the Industrial Commercial Institutional (101) sector of the Etobicoke and Mimico watersheds. • Assist TRCA in identifying potential public greenspace and work with owners to develop conservation easements, donations and bequests in accordance with TRCA's Greenlands Acquisition Project for 2006 -2010. • Work collaboratively with TRCA staff and other watershed /waterfront advisory committees to develop The Living City Report Card which will address jurisdiction -wide issues as well as watershed specific indicators and targets. • Work with TRCA staff and other watershed /waterfront advisory committees to address issues of common concern such as providing input to the Toronto Area Remedial Action Plan, and other regional policy or planning issues. • Work with the City of Toronto and TRCA's waterfront team to assist with priorities identified for the Etobicoke and Mimico waterfront. • Work with TRCA and the Conservation Foundation to seek new partners and sources of funding for identified priority projects. 54 MOTION TO RE -OPEN RES. #A33 /07 - Moved by: Seconded by: TERMS OF REFERENCE FOR THE DON WATERSHED REGENERATION COUNCIL, HUMBER WATERSHED ALLIANCE AND ETOBICOKE- MIMICO WATERSHEDS COALITION, 2007 -2010 Glenn De Baeremaeker Gay Cowbourne THAT item 7.1 - Terms of Reference for the Don Watershed Regeneration Council, Humber Watershed Alliance and Etobicoke - Mimico Watersheds Coalition, 2007 -2010, be re- opened. CARRIED RES. #A34 /07 - TERMS OF REFERENCE FOR THE DON WATERSHED REGENERATION COUNCIL, HUMBER WATERSHED ALLIANCE AND ETOBICOKE- MIMICO WATERSHEDS COALITION, 2007 -2010 Moved by: Seconded by: Colleen Jordan Maria Augimeri Further to item 7.1 - Terms of Reference for the Don Watershed Regeneration Council, Humber Watershed Alliance and Etobicoke - Mimico Watershed Coalition that the following members of the Authority be designated as TRCA's representatives for the Don Council - John Parker, for the Humber Alliance - Richard Whitehead and for the Etobicoke - Mimico - Peter Milczyn. CARRIED RES. #A35 /07 - DOWNSVIEW PARK COMMUNITY SUSTAINABLE DEVELOPMENT GUIDELINES Moved by: Seconded by: Glenn De Baeremaeker Bonnie Littley THAT item 7.2 - Downsview Park Community Sustainable Development Guidelines, be deferred until such time that the Chair, local member and staff can meet with the local MP to express Toronto and Region Conservation Authority's comprehensive "Living City" objectives for the development plan for Downsview Park. CARRIED 55 RES. #A36 /07 - GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Mimico Creek Watershed Mirella Marnica, CFN 35664. Purchase of property at 221 Martin Grove Road for erosion control and bank stabilization works, City of Toronto, under the "Greenlands Acquisition Project for 2006 - 2010" Flood Plain and Conservation Component, Mimico Creek watershed. (Executive Res. #B2/07) Moved by: Seconded by: Suzan Hall Gay Cowbourne THAT 0.2 hectares (0.4 acres), more or less, of vacant land, being Part of Lot 17, Concession 2 Northern Division, Fronting The Lake, City of Toronto, located at the rear of 221 Martin Grove Road be purchased from Mirella Marnica; THAT the purchase price be $2.00 together with carrying out erosion control and bank stabilization works by Toronto and Region Conservation Authority (TRCA); THAT TRCA receive conveyance of the land required free from encumbrance, subject to existing service easements; THAT Gardiner Roberts, Barristers and 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 appropriate TRCA officials be authorized and directed to take the necessary action to finalize the transaction including execution and signing of all necessary documentation. CARRIED RES. #A37 /07 - GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Rouge River Watershed Ontario Realty Corporation, CFN 37295. Acquisition of lands from the Ontario Realty Corporation within the Rouge River watershed, in the Town of Markham, Regional Municipality of York for the Bob Hunter Memorial Park. (Executive Res. #B3/07) Moved by: Seconded by: De Baeremaeker Andrew Schulz 56 THAT 192.678 hectares (476.119 acres) more or less, consisting of five of parcels of land including residential, commercial and farm rentals, said lands being Part of Lots 3, 4, 5, 6, and 7, Concession 9 and Part of Lots 5, 6 and 7, Concession 10, Town of Markham, Regional Municipality of York, designated as Parts 1 and 2 on Plan 65R-29431, Part 1 on Plan 65R-29592 and Parts 1-8 inclusive on Plan 65R-29593, be purchased from Ontario Realty Corporation for Bob Hunter Memorial Park for Rouge Park purposes; THAT the purchase price be $2.00 with the Ontario Realty Corporation being responsible for all costs associated with the transfer; THAT the transfer be subject to Ontario Realty Corporation providing a commitment and funding to bring the rental portfolio to a state of repair that is satisfactory to Toronto and Region Conservation Authority (TRCA); THAT TRCA receive conveyance of the land required free from encumbrance, subject to existing service easements; THAT Gardiner Roberts, Barristers and 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 appropriate TRCA officials be authorized and directed to execute all necessary documentation required. AMENDMENT RES.#A38/07 Moved by: Seconded by: Glenn De Baeremaeker Andrew Schulz THAT the following be inserted after the main motion: AND FURTHER THAT the Chair send a letter of thanks and congratulations to the Premier, appropriate Cabinet Ministers and the local MPP for this significant gift to the Rouge Park. THE AMENDMENT WAS THE MAIN MOTION, AS AMENDED, WAS The final resolution reads as follows: CARRIED CARRIED THAT 192.678 hectares (476.119 acres) more or less, consisting of five of parcels of land including residential, commercial and farm rentals, said lands being Part of Lots 3, 4, 5, 6, and 7, Concession 9 and Part of Lots 5, 6 and 7, Concession 10, Town of Markham, Regional Municipality of York, designated as Parts 1 and 2 on Plan 65R-29431, Part 1 on Plan 65R-29592 and Parts 1-8 inclusive on Plan 65R-29593, be purchased from Ontario Realty Corporation for Bob Hunter Memorial Park for Rouge Park purposes; THAT the purchase price be $2.00 with the Ontario Realty Corporation being responsible for all costs associated with the transfer; 57 THAT the transfer be subject to Ontario Realty Corporation providing a commitment and funding to bring the rental portfolio to a state of repair that is satisfactory to Toronto and Region Conservation Authority (TRCA); THAT TRCA receive conveyance of the land required free from encumbrance, subject to existing service easements; THAT Gardiner Roberts, Barristers and 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; THAT the appropriate TRCA officials be authorized and directed to execute all necessary documentation required; AND FURTHER THAT the Chair send a letter of thanks and congratulations to the Premier, appropriate Cabinet Ministers and the local MPP for this significant gift to the Rouge Park. RES. #A39/07 - GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Humber River Watershed, Regional Municipality of York 611428 Ontario Limited (Milani), CFN 38838. Purchase of property located north of Highway 7, west of Highway 27, Town of Vaughan, Regional Municipality of York, under the "Greenlands Acquisition Project for 2006 - 2010 ", Flood Plain and Conservation Component Flood Plain and Conservation Component, Humber River watershed. (Executive Res. #B4/07) Moved by: Seconded by: Suzan Hall Gay Cowbourne THAT 6.905 hectares (17.062 acres), more or less, of vacant land, being Part of Lot 9, Concession 9 and designated as Block 17 on a Plan of Survey prepared by Rabideau Czerwinski OLS under plan no. RC4400 -14, City of Vaughan, Regional Municipality of York, located north of Highway 7, west of Highway 27 be purchased from 611428 Ontario Limited (Milani); THAT the purchase price be $2.00; THAT the Toronto and Region Conservation Authority (TRCA) receive conveyance of the land free from encumbrance, subject to existing service easements; 58 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 appropriate TRCA officials be authorized and directed to execute all necessary documentation required. CARRIED RES. #A40/07 - GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Duffins Creek Watershed 1613935 Ontario Limited, CFN 38845. Purchase of property located south of Taunton Road, west of Ravenscroft Road, Town of Ajax, Regional Municipality of Durham, under the "Greenlands Acquisition Project for 2006 - 2010 ", Flood Plain and Conservation Component, Duffins Creek watershed. (Executive Res. #B5/07) Moved by: Seconded by: Suzan Hall Gay Cowbourne THAT 11.46 hectares (28.32 acres), more or less, of vacant land being Part of Lots 12 and 13, Concession 3 and designated as Part 3 on Plan 40R- 24707, Town of Ajax, located south of Taunton Road, west of Ravenscroft Road, be purchased from 1613935 Ontario Limited; THAT a conservation easement for the protection of the environmental features and functions containing 0.18 hectares (0.45 acres), more or less, of vacant land being situate on Part of Lots 12 and 13, Concession 3 and designated as Part 4 on Plan 40R- 24707, Town of Ajax, located south of Taunton Road, west of Ravenscroft Road, be purchased from 1613935 Ontario Limited; 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 1613935 Ontario Limited enter into an agreement with TRCA which would have the effect of granting TRCA first right of refusal for the acquisition (based on market value) of the remaining valley lands, measuring 5.66 hectares (13.99 acres), more or less, situate on Part of Lots 12 and 13, Concession 3 and designated as Part 2 on Plan 40R- 24707, Town of Ajax, located south of Taunton Road, west of Ravenscroft Road, on any future sale by 1613935 Ontario Limited; THAT written confirmation be received from the Town of Ajax and the Regional Municipality of Durham, confirming that all municipal conditions / requirements have been fully satisfied by 1613935 Ontario Limited; 59 THAT the firm of Gardiner Roberts LLP, Barristers and 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 appropriate TRCA officials be authorized and directed to execute all necessary documentation required. CARRIED RES. #A41/07 - GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Don River Watershed Royal Garden Homes Ltd., CFN 38846. Purchase of property located north of Major Mackenzie Drive, east of Dufferin Street, City of Vaughan, Regional Municipality of York, under the "Greenlands Acquisition Project for 2006 - 2010 ", Flood Plain and Conservation Component, Don River watershed. (Executive Res. #B6/07) Moved by: Seconded by: Suzan Hall Gay Cowbourne THAT 1.69 hectares (4.18 acres), more or less, of vacant land being Part of Lot 21, Concession 2 and designated as Blocks 49 and 50 on a draft Plan of Subdivision prepared by Guido Papa Surveying Ltd. under their Reference No. 05- 177 -PHASE 1, dated June 21, 2006, City of Vaughan, located north of Major Mackenzie Drive, east of Dufferin Street, be purchased from Royal Garden Homes Ltd.; 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 appropriate TRCA officials be authorized and directed to take the necessary action to finalize the transaction including execution and signing of all necessary documentation. CARRIED 60 RES.#A42/07 - REQUEST FOR DISPOSAL OF TRCA-OWNED LAND 520 Marksbury Road, City of Pickering Lake Ontario (Pickering) Waterfront, CFN 37410. Receipt of an Offer to Purchase from Dominique Androutsos on a surplus TRCA-owned residential lot at 520 Marksbury Road, City of Pickering, Regional Municipality of Durham. (Executive Res. #B7/07) Moved by: Seconded by: Suzan Hall Gay Cowbourne THAT WHEREAS the Toronto and Region Conservation Authority (TRCA) is in receipt of an offer from Dominique Androutsos, to purchase surplus TRCA-owned land, municipally known as 520 Marksbury Road, south of Bay ly Street in proximity to the Lake Ontario Shoreline, City of Pickering; WHEREAS it is the opinion of TRCA that it is in the best interests of the TRCA in furthering its objectives, as set out in Section 20 of the Conservation Authorities Act, to complete a sale to Dominique Androutsos in this instance; THEREFORE LET IT BE RESOLVED THAT a parcel of TRCA-owned land, containing 0.22 acres (0.089 hectares), more or less, said land being Part of Lots 31, 32 and 33, Plan 270, and further being described as Parts 1, 3, 5 and 6 on Plan 40R-23867, City of Pickering, Regional Municipality of Durham, be sold to Dominique Androutsos subject to the following terms and conditions: a) the sale price is to be the sum of $382,500; b) on completion of this transaction, TRCA is required to pay a commission of 5% of the sale price to Re/Max First Realty Ltd.; c) the Transfer/Deed of land will contain the following Restrictive Covenant: the height for a new dwelling is to be restricted to 9 metres or as defined in R4-10 zoning in the City of Pickering; d) obtaining all necessary approvals and permits from TRCA and all related governmental authorities prior to issuance of any building and/or foundation permits for a single family residence; e) the transaction is to be completed at the earliest possible date with payment in full to TRCA in cash on closing; f) any additional conditions as deemed appropriate by TRCA's solicitor; THAT the sale be subject to the approval of the Minister of Natural Resources in accordance to Section 21(2) of the Conservation Authorities Act, R.S.O. 1990, Chapter C.27 as amended; 61 AND FURTHER THAT the appropriate TRCA officials be authorized and directed to take whatever action may be required to give effect thereto, including the obtaining of any necessary approvals and the signing and execution of any documents. CARRIED RES. #A43/07 - THE REGIONAL MUNICIPALITY OF PEEL Conveyance of Land for the Widening and Reconstruction of Queen Street East, City of Brampton, Humber River Watershed, CFN 38552. Receipt of a request from the Regional Municipality of Peel for conveyance of land for the widening and reconstruction of Queen Street East (formerly Highway 7), north and south sides, between Goreway Drive and The Gore Road, in the City of Brampton. (Executive Res. #B8/07) Moved by: Seconded by: Suzan Hall Gay Cowbourne THAT WHEREAS Toronto and Region Conservation Authority (TRCA) is in receipt of a request from the Regional Municipality of Peel to convey certain lands for the widening and reconstruction of Queen Street East, north and south sides, between Goreway Drive and The Gore Road, in the City of Brampton; WHEREAS it is in the opinion of TRCA that 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 Regional Municipality of Peel in this instance; THEREFORE LET IT BE RESOLVED THAT a parcel of TRCA -owned land containing 0.80 hectares (1.98 acres), more or less, required for the widening and reconstruction of Queen Street East, said land being Part of Lots 4, 5 and 6, Concessions 8 and 9 ND, City of Brampton, Regional Municipality of Peel, designated as Parts 1, 3 and 6; Parts 1 and 2; Part 1 on Plans of Survey prepared by Young & Young Surveying Limited under their Project Nos. 02- B4428B, 02- B4428C and 02- B4428D, respectively be conveyed to the Regional Municipality of Peel; THAT consideration be the nominal sum of $2.00, plus all legal, survey and other costs to be paid by the Regional Municipality of Peel; THAT an archaeological investigation be completed, with any mitigative measures being carried out to the satisfaction of TRCA staff, at the expense of the Regional Municipality of Peel; THAT the conveyance of land be subject to a landscaping plan, subject to the approval of TRCA staff; 62 THAT the Regional Municipality of Peel 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 this sale or the carrying out of construction; THAT said conveyance 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 the appropriate TRCA officials be authorized and directed to take whatever action may be required to give effect hereto, including the obtaining of necessary approvals and the execution of any documents. CARRIED RES. #A44/07 - HOME DEPOT AND 3589196 CANADA LIMITED AND CITY OF TORONTO Ontario Municipal Board Hearing. Authorization for Toronto and Region Conservation Authority staff to obtain Party Status before the Ontario Municipal Board on referrals related to: 1) a proposed Official Plan Amendment to the City of Toronto Official Plan; 2) a proposed Amendment to Zoning By -law 432 -86, as amended, of the City of Toronto; and 3) any other associated applications under the Planning Act, to permit a mixed use development on lands known as 429 Lakeshore Boulevard and 324 Cherry Street. (Executive Res. #B9/07) Moved by: Seconded by: Suzan Hall Gay Cowbourne THAT authorization be given to Toronto and Region Conservation Authority (TRCA) staff to obtain Party Status before the Ontario Municipal Board (OMB) regarding: 1) a proposed Official Plan Amendment to the City of Toronto Official Plan; 2) a proposed Amendment to Zoning By -law 432 -86, as amended, of the City of Toronto; and 3) any other associated applications under the Planning Act, to permit a mixed use development on lands known as 429 Lakeshore Boulevard and 324 Cherry Street as the applications are premature; THAT staff continue to work cooperatively with the City of Toronto, Toronto Waterfront Revitalization Corporation (TWRC) and the appellants to resolve the issues; THAT staff be authorized to retain legal counsel to pursue this appeal before the OMB, if necessary; AND FURTHER THAT the OMB and all parties and participants to the hearing be so advised. CARRIED 63 RES. #A45 /07 - REQUEST FOR PROPOSAL FOR LEASE AND DEVELOPMENT Northwest corner of Ebenezer Road and McVean Drive, City of Brampton CFN 38091. Results of the negotiations with Penguin Golf Associates for lease and development of Toronto and Region Conservation Authority -owned lands located at the northwest corner of Ebenezer Road and McVean Drive, City of Brampton, Regional Municipality of Peel. (Business Excellence Res. #C2/07) Moved by: Seconded by: Pamela Gough Colleen Jordan THAT negotiations with Penguin Golf Associates be terminated and the deposit received from them be returned. CARRIED RES. #A46 /07 - SOCCER FIELDS - BRUCE'S MILL CONSERVATION AREA Town of Whitchurch- Stouffville, CFN 31698. Request from the Town of Whitchurch- Stouffville to extend the existing lease for soccer field located within the Bruce's Mill Conservation Area, south of Stouffville Sideroad, east of Warden Avenue, Rouge River watershed, in the Town of Whitchurch- Stouffville, Regional Municipality of York. (Business Excellence Res. #C3/07) Moved by: Seconded by: Pamela Gough Colleen Jordan THAT WHEREAS the Town of Whitchurch - Stouffville has requested an additional extension to the lease for soccer fields within the Bruce's Mill Conservation Area, south of Stouffville Sideroad and east of Warden Avenue; THEREFORE LET IT BE RESOLVED THAT the existing lease be extended for an additional 2 year period; AND FURTHER THAT the appropriate Toronto and Region Conservation Authority (TRCA) officials be authorized and directed to take whatever action is necessary to finalize the transaction, including the obtaining of any approvals and signing and execution of documents. CARRIED RES. #A47 /07 - BOLTON RESOURCE MANAGEMENT TRACT ADVISORY COMMITTEE Establishment of Bolton Resource Management Tract Advisory Committee. (Business Excellence Res. #C4/07) 64 Moved by: Seconded by: Pamela Gough Colleen Jordan THAT WHEREAS staff are developing a Bolton Resource Management Tract Management Plan; THEREFORE LET IT BE RESOLVED THAT staff be directed to establish an advisory committee, which would include members of the Humber Watershed Alliance, interested community groups, business representatives, community residents, agency staff, municipal elected officials and staff to assist with the development of the management plan and to facilitate the opportunity for public input; AND FURTHER THAT the management plan when complete be submitted to the board for approval. CARRIED RES. #A48 /07 - NASHVILLE RESOURCE MANAGEMENT TRACT ADVISORY COMMITTEE Establishment of Nashville Resource Management Tract Advisory Committee. (Business Excellence Res. #C5/07) Moved by: Seconded by: Pamela Gough Colleen Jordan THAT WHEREAS staff are developing the Nashville Resource Management Tract Management Plan; THEREFORE LET IT BE RESOLVED THAT staff be directed to establish an advisory committee, which would include members of the Humber Watershed Alliance, interested community groups, community residents, agency staff, municipal elected officials and staff, to assist with the development of the management plan and to facilitate the opportunity for public input; AND FURTHER THAT the management plan when complete be submitted to the board for approval. CARRIED RES. #A49 /07 - POLICY ON REPORTING SUSPECTED CHILD ABUSE AND NEGLECT Approval of the Policy on Reporting Suspected Child Abuse and Neglect. (Business Excellence Res. #C6/07) 65 Moved by: Seconded by: Pamela Gough Colleen Jordan THAT the Toronto and Region Conservation Authority (TRCA) Policy on Reporting Suspected Child Abuse and Neglect be approved. CARRIED RES. #A50 /07 - EMPLOYEE ENGAGEMENT SURVEY RESULTS To report the results of the 2006 Toronto and Region Conservation Authority Employee Engagement Survey and outline the planned actions to support our organizational effectiveness. (Business Excellence Res. #C7/07) Moved by: Seconded by: Pamela Gough Colleen Jordan THAT the results of the Employee Engagement Survey be received; AND FURTHER THAT the annual survey and action plans be endorsed as an organizational performance measure for Toronto and Region Conservation Authority (TRCA). CARRIED RES. #A51 /07 - OVERTIME POLICY Amendment. Amend the Overtime Policy for better management of time in lieu to limit liability, increase employee's work /life balance and comply with changes in employment law. (Business Excellence Res. #C8/07 & Res. #C9/07) Moved by: Seconded by: Pamela Gough Colleen Jordan THAT the amended Overtime Policy as set out in the report dated February 8, 2007, be approved; AND FURTHER THAT in the event that costs are incurred by TRCA in the adminstration of the amended policy, that staff report back to the Business Excellence Advisory Board. CARRIED 66 RES. #A52 /07 - EMPLOYEE HEALTH BENEFITS Award of contract to Sun Life Financial. Recommends the award of a contract for provision of employee health benefits to Sun Life Financial. (Business Excellence Res. #C 10/07) Moved by: Seconded by: Colleen Jordan Gay Cowbourne THAT a contract for the provision of health benefits and related services for Toronto and Region Conservation Authority (TRCA) employees be awarded to Sun Life Financial, Sun Life being the proponent that best met TRCA and Conservation Ontario specifications; THAT a contract for Accidental Death and Dismemberment insurance be awarded to A/G /American Home, it being the proposal that best met TRCA and Conservation Ontario specifications; THAT the contracts be on terms and conditions satisfactory to TRCA staff and TRCA's health benefits advisers, Buffett Taylor Employee Benefit Consulting; AND FURTHER THAT TRCA officials be directed and authorized to take such action as is necessary to implement the contracts including signing and execution of documents. CARRIED RES. #A53 /07 - MEMBERS REMUNERATION Changes to the per diem, honorarium and travel expenses for members of the Toronto and Region Conservation Authority require approval of the Ontario Municipal Board. (Business Excellence Res. #C l 1/07, Res. #C 12/07 & Res. #C 13/07) Moved by: Seconded by: Peter Milczyn Glenn De Baeremaeker THAT subject to Ontario Municipal Board (OMB) approval, members per diem and the Chair's honorarium be increased by the lower of the Statistics Canada CPI Toronto or 3 %, effective January 1, 2007; THAT TRCA staff request of the OMB that per diem for members participating in meetings by conference call be 50% of the regular per diem rate; AND FURTHER THAT TRCA officials be authorized and directed to make the necessary application to the OMB. 67 AMENDMENT RES.#A54/07 Moved by: Seconded by: Glenn De Baeremaeker Richard Whitehead THAT the following be inserted after the main motion: AND FURTHER THAT staff report back to the Business Excellence Advisory Board in September with a comparison of compensation rates for board members of other conservation authorities, boards and provincial agencies performing similar work. THE AMENDMENT WAS THE MAIN MOTION, AS AMENDED, WAS The final resolution reads as follows: CARRIED CARRIED THAT subject to Ontario Municipal Board (OMB) approval, members per diem and the Chair's honorarium be increased by the lower of the Statistics Canada CPI Toronto or 3%, effective January 1, 2007; THAT TRCA staff request of the OMB that per diem for members participating in meetings by conference call be 50% of the regular per diem rate; THAT TRCA officials be authorized and directed to make the necessary application to the OMB; AND FURTHER THAT staff report back to the Business Excellence Advisory Board in September with a comparison of compensation rates for board members of other conservation authorities, boards and provincial agencies performing similar work. RES.#A55/07 - SALARY AND WAGE ADJUSTMENT Recommends annual salary and wage adjustment. Moved by: Seconded by: Pamela Gough Colleen Jordan THAT the salary and wage schedule be adjusted by 3% effective April 1, 2007. CARRIED 68 RES. #A56 /07 - GOOD NEWS STORIES Highlights of Toronto and Region Conservation Authority's Work. Receipt of Good News Stories for the months of December 2006 and January 2007, from all sections of Toronto and Region Conservation Authority (T RCA) . (Business Excellence Res. #C 18/07) Moved by: Seconded by: Glenn De Baeremaeker Colleen Jordan THAT the report on "Good News Stories" for December 2006, and January 2007, be received; AND FURTHER THAT the Chair send a letter of thanks and congratulations to the Chair and members of the funding agencies for the purchase of the 25 acres of Jefferson Forest in Richmond Hill. SECTION II - ITEMS FOR AUTHORITY INFORMATION RES. #A57 /07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: Suzan Hall Gay Cowbourne RES. #A58 /07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: Andrew Schulz Jack Heath CARRIED CARRIED THAT Ontario Regulation 166/06 item 8.9.10 - City of Toronto, contained in Executive Committee Minutes #1/07, held on March 2, 2007, be received. RES. #A59 /07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: Andrew Schulz Ron Moeser 69 CARRIED THAT Ontario Regulation 166/06 items 8.9.17 & 8.9.18 - Regional Municipality of York, contained in Executive Committee Minutes #1/07, held on March 2, 2007, be received. CARRIED RES.#A60/07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: Andrew Schulz Ron Moeser THAT Ontario Regulation 166/06 item 8.9.31 - City of Toronto, contained in Executive Committee Minutes #1/07, held on March 2, 2007, be received. RES.#A61/07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: Bonnie Littley Gay Cowbourne CARRIED THAT Ontario Regulation 166/06 items 8.9.41 & 8.9.42 - Box Grove Hill Development Inc., contained in Executive Committee Minutes #1/07, held on March 2, 2007, be received. CARRIED RES.#A62/07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: Maria Augimeri Glenn De Baeremaeker THAT Ontario Regulation 166/06 item 8.9.53 - 81 Exbury Road, contained in Executive Committee Minutes #1/07, held on March 2, 2007, be received. RES.#A63/07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: Glenn De Baeremaeker Ron Moeser CARRIED THAT Section II item 8.10 - Stream Gauge Network, contained in Executive Committee Minutes #1/07, held on March 2, 2007, be received. CARRIED 70 SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD RES. #A64 /07 - SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD Moved by: Seconded by: Gay Cowbourne Andrew Schulz CARRIED RES. #A65 /07 - SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD Moved by: Seconded by: Pamela Gough Colleen Jordan THAT Section IV items 9.11 and 9.13, contained in Business Excellence Advisory Board Minutes #1/07, held on March 2, 2007, be received. Section IV Items 9.11 & 9.13 INTERNATIONAL JOINT COMMISSION WATER QUALITY BOARD (Business Excellence Res. #C 17/07) CELL PHONE AND BLACKBERRY USAGE (Business Excellence Res. #C 19/07) TERMINATION ON MOTION, the meeting terminated at 12:09 p.m., on Friday, March 30, 2007. CARRIED Gerri Lynn O'Connor Brian Denney Chair Secretary- Treasurer /ks 71 c. THE TORONTO AND REGION CONSERVATION AUTHORITY MEETING OF THE AUTHORITY #3/07 April 27, 2007 The Authority Meeting #3/07, was held in Players Lounge B, Tennis Canada, on Friday, April 27, 2007. The Chair Gerri Lynn O'Connor, called the meeting to order at 10:05 a.m.. PRESENT Eve Adams Member Paul Ainslie Member Maria Augimeri Vice Chair David Barrow Member Gay Cowbourne Member Rob Ford Member Grant Gibson Member Pamela Gough Member David Gurin Member Suzan Hall Member Jack Heath Member Colleen Jordan Member Bonnie Littley Member Glenn Mason Member Peter Milczyn Member Ron Moeser Member Gerri Lynn O'Connor Chair Linda Pabst Member John Parker Member Anthony Perruzza Member Andrew Schulz Member John Sprovieri Member Richard Whitehead Member ABSENT Glenn De Baeremaeker Member Bill Fisch Member Dick O'Brien Member Maja Prentice Member Gino Rosati Member 72 RES. #A66 /07 - MINUTES Moved by: Seconded by: Suzan Hall Gay Cowbourne THAT the Minutes of Meeting #2/07, held on March 30, 2007, be approved. PRESENTATIONS (a) CARRIED Recognition plaques presented to TRCA watershed municipalities participating in the Mayor's Megawatt Challenge. RES. #A67 /07 - PRESENTATIONS THAT above -noted presentation (a) be heard and received. CORRESPONDENCE (a) CARRIED An email dated April 4, 2007 from Angela Storey, Ontario Clean Water Agency, in regard to June 13, 2007 public consultation of the work of the Collaborative Study to Protect Lake Ontario Drinking Water. (b) A letter dated April 12, 2007 from Minister Dwight Duncan, Ontario Ministry of Energy, in regard to funding for the World Green Building Council bid. RES. #A68 /07 - CORRESPONDENCE Moved by: Seconded by: John Sprovieri Gay Cowbourne THAT above -noted correspondence (a) be received. RES. #A69 /07 - CORRESPONDENCE Moved by: Seconded by: Linda Pabst Ron Moeser CARRIED THAT above -noted correspondence (b) be received. CARRIED 73 CORRESPONDENCE (A) "Angela Storey" To <AStorey @ocwa.com> cc 04/04/2007 02:59 PM Subject June 13, 2007 Public Consultation of the work of the Collaborative To the Stakeholders of the Collaborative Study to Protect Lake Ontario Drinking Water. I am pleased to advise you that the date and the venue for our planned public consultation is now set. The attached invitation and registration form is for your use. We are counting on our stakeholders to main source of participants for the consultation. Who Should Attend Partners /stakeholders in the Collaborative please invite: • Relevant participants from their organizations • Lower tier municipalities • Other municipal /CA departments with an interest in drinking water or Lake Ontario • Local influential groups and individuals who have expressed an interest in drinking water /protection of drinking water The Coordinator/EC and MOE will invite: • NGO's and other groups and individuals with a province -wide interest in drinking water /source protection • Representatives from WCWC • Researchers /graduate students from universities • Researchers and other key staff from MOE and EC. Additional information on the Consultation The Minister Broten was keen to attend but likely will not be available on the 13th. We are expecting a senior MOE rep. Time is set aside on the consultation agenda for short presentations from participants, additional time is set aside for questions and feedback. In addition, participants can provide feedback through a form that will be available at the consultation. Promotion of the Consultation Consultation will be highlighted in the news section of www.owwrc.com. Link on MOE website /municipal websites Partners please promote the consultation internally and make direct contact with interested parties. The attachment is designed for that promotion. I am open to other suggestions from our stakeholder group as we continue to plan for this consultation. Larry Moore, Coordinator, April 4, 2007 74 Registration Form Protection of Lake Ontario Drinking Water Please register by June 1, 2007 Name(s): (1 or 2 people can register on one form) Organization: Phone: ( ) Email: Do you want to make a 5 minute presentation*? ( ) yes ( ) no ( *unfortunately we may not be able to accommodate all potential speakers) If yes, what topic would you like to address? Registration is required for security and to allow for adequate refreshments. We cannot meet all dietary restrictions but a vegetarian option will be available. There is no charge for this event. FAX to 905 274 7173. To cancel please send a follow -up FAX Email to astorey @ocwa.com 75 Invitation If you have an interest in the protection of Lake Ontario drinking water and/or ideas on how to protect this critical resource attend this consultation: Protection of Lake Ontario Drinking Water June 13, 2007, Canada Centre for Inland Waters: Burlington, Ontario. Background Six million people along with thousands of businesses and institutions depend on Lake Ontario as a critical source of drinking water. Lake Ontario is a high quality source of drinking water but there are sources of contamination. The "Collaborative Study to Protect Lake Ontario Drinking Water" is funded by the Ministry of Environment's Source Protection Technical Studies Grant Program to: Ensure the long -term, proactive and strategic protection of Lake Ontario based drinking water supplies. The Collaborative benefits from representation of all the municipalities, water utilities and conservation authorities along Lake Ontario from Niagara to Picton. Also critical to the success of the Collaborative are the contributions from our expert consultants and our researchers from Environment Canada, the Ministry of Environment and Ontario universities. Objectives of the Consultation The consultation will be an opportunity for a cross section of people with an interest in drinking water from Lake Ontario to meet and exchange information. The specific objectives are: Inform a wide cross section of stakeholders on the work of the Collaborative to study and protect Lake Ontario drinking water; and, To hear from the stakeholders on their issues and their priorities for action so the Collaborative can move forward more effectively. 76 Consultation Agenda Protection of Lake Ontario Drinking Water Date and time: June 13, 2007. 10:00 am — 3:30 pm Location: Canada Centre for Inland Waters Burlington, Ontario. Refreshments available 1) Welcome — Chair of the Collaborative Study to Protect Lake Ontario Drinking Water 2) Welcome — Environment Canada 3) Overview of the Consultation - Coordinator 4) Goals of Source Protection and the Clean Water Act - MOE 5) Introduction to the Collaborative Study to Protect Lake Ontario Drinking Water - Coordinator 6) Lake Ontario watersheds — EC /CAs 7) Threats to Lake Ontario Drinking Water intakes - EC Lunch (Provided) 8) Delineation of Intake Protection Zones — Stantec 9) Presentations from Stakeholders 10)Panel Discussion and Q&A 11)Summary and wrap -up - Coordinator 77 9:30 am 10:00 10:10 10:15 10:30 11:00 11:30 Noon 12:30 1:15 1:45 2:45 3:15 CORRESPONDENCE (B) Minister of Energy Ministre de I`Energle Hearst Block, 4th Floor Edifice Hearst, 4e stage 900 Bay Street 900, rue Bay Toronto ON M7A 2E1 Toronto ON M7A 2E1 Tel.:416- 327 -6715 Tel.: 416 -327 -6715 miwk■aimi. Fax:416-327.6754 Telec.:416- 327 -6754 Ontario APR 1 2 2007 Mr. Brian Denney Chief Administrative Officer Toronto and Region Conservation Authority 5 Shoreham Drive Downsview, Ontario M3N 1S4 Dear Mr. Denney: Further to my letter dated February 2, 2007, I am pleased to advise you that the Ontario government is prepared to pledge $500,000 to assist with the establishment of the World Green Building Council (WGBC) Secretariat if the Toronto Region Conservation Authority's proposal to host the Secretariat at the Kortright Centre for Conservation is successful. It is my understanding that these funds would enable the WGBC Secretariat to accelerate its impressive business plan. I believe that there will be tremendous synergies between the successful work of the Toronto Region Conservation Authority and the goals and objectives of the WGBC. Sincerely, Dwight Duncan Minister 78 SECTION I - ITEMS FOR AUTHORITY ACTION RES. #A70/07 - CITY OF VAUGHAN OFFICIAL PLAN AMENDMENT 620 - STEELES AVENUE CORRIDOR (BETWEEN JANE STREET AND KEELE STREET Ontario Municipal Board Hearing. Authorization for party status before the Ontario Municipal Board on referrals by three individual companies related to Official Plan Amendment 620 of the City of Vaughan, which provides the policy framework for the redevelopment and intensification of the lands within the area bounded by Jane Street, the hydro corridor, Keele Street and Steeles Avenue, in anticipation of the future Spadina Subway Extension. Moved by: Seconded by: David Barrow Anthony Perruzza THAT authorization be given to Toronto and Region Conservation Authority (TRCA) staff to obtain party status before the Ontario Municipal Board (OMB) relating to appeals by three individual companies with respect to City of Vaughan Official Plan Amendment No. 620, being an amendment to promote the redevelopment and intensification of the Steeles Avenue corridor, between Jane Street and Keele Street; THAT staff advise the OMB that TRCA supports the policies of the City of Vaughan Official Plan Amendment No. 620; THAT staff be authorized to retain legal counsel to pursue this appeal before the OMB, to protect our commenting agency responsibilities and landowner interests; AND FURTHER THAT the OMB and all parties and participants to the hearing be so advised. CARRIED BACKGROUND At Executive Committee Meeting #2/07, held on April 13, 2007, Resolution #B30/07 was approved as follows: THAT item 7.12 - City of Vaughan Official Plan Amendment 620 - Steeles Avenue Corridor (Between Jane Street and Keele Street), be referred to staff for an updated report to be brought to Authority Meeting #3/07, scheduled to be held on April 27, 2007. The Executive Committee deferred consideration of the staff report seeking authorization to retain legal counsel for an upcoming OMB hearing respecting City of Vaughan Official Plan Amendment #620. Staff was requested to provide the Authority with a cost estimate for legal services that would be incurred due to the pending hearing, which is included at the end of this report. Additionally, staff was also asked to modify the body of the report because the words "as adopted" caused concern for members of the Executive Committee, as it related to the entire OPA 620 area. 79 City of Vaughan OPA No. 620 On June 26, 2006 the City of Vaughan adopted Official Plan Amendment No. 620 (OPA 620). The purpose of OPA 620 is to manage and direct appropriate land use, density and heights, while establishing the policy framework for the redevelopment and intensification of the lands within the area bounded by Jane Street, the hydro corridor, Keele Street and Steeles Avenue in anticipation of the future Spadina Subway Extension. In November 2006 the Regional Municipality of York issued the notice of approval of OPA 620. OPA 620 was appealed by three local landowners and the initial OMB pre- hearing conference took place on April 2, 2007. TRCA staff provided written comments to the City of Vaughan Planning Department on two occasions: September 3, 2004 and May 29, 2006. TRCA identified stormwater and flood management as a key issue in the Black Creek corridor, and the need to conduct a more comprehensive review of the study area, rather than to deal with development on a site by site basis. In conjunction with this request, TRCA also advocated for the use of innovative, sustainable water management practices for this area, including green roofs, permeable pavement, rainwater harvesting for irrigation and greywater systems. Additionally, TRCA met with city staff to discuss the appropriate form of development for the lands located on the northeast corner of Jane Street and Steeles Avenue, and the relationship of these lands to Black Creek Pioneer Village (BCPV). At this time concerns about visual impact of built form at the intersection of Jane Street and Steeles Avenue on BCPV was reiterated to city staff. It was noted that pedestrian and public enhancements in the area should compliment BCPV and serve as a gateway to the village, as well as to the city. Coupled with this concern was the issue of traffic in the area and its impacts on BCPV. Specifically, TRCA staff expressed a concern over the left turn movements of the intersection, and the possible need of a dual left -turn lane for southbound Jane Street. Appeals As noted earlier, there were three appellants: Serenity Park Cemetery Corporation (Serenity Park), United Parcel Services Canada Ltd. (UPS) and Steeles -Keele Investments (SKI). Based on the Draft Procedural Order submitted as part of the proceedings of the pre- hearing conference, the main issues cited for the appeals, and related to TRCA's interests, are detailed below. Serenity Park, the owners of the lands on the northeast corner of Jane and Steeles, noted "are the maximum height limits and built form policies appropriate for development of this corner site ? ". Additionally, it was noted "do the policies in the draft official plan provide for appropriate opportunities to permit full development of this area should the cemetery development not proceed, particularly with respect to maximum density ? ". SKI noted "should components of stormwater management pond blocks be counted as parkland dedication ?" and "are the densities in the proposed official plan amendment appropriate, particularly for non - residential use sites ? ". 80 The matters of concern to UPS focused mainly on the ability of UPS to expand the current operation, while addressing stormwater management on an interim basis in light of OPA 620. TRCA is currently involved in discussions with UPS regarding the expansion through the site plan approval process. TRCA Involvement In 1997, TRCA sold lands at the northeast corner of Jane Street and Steeles Avenue to Serenity Park. The sale included a restrictive covenant between TRCA and the land owner, and was registered on title. The restrictive covenant included a condition on the lands that due to their proximity to the historic BCPV, the height of buildings on the site was limited to no more than 6 storeys. In March 2004, TRCA dealt with the Serenity Park applications wherein the proponent sought approvals from the City of Vaughan to permit the lands to be used for a crematorium and columbaria. The development was ultimately approved by the OMB. In 2005 the developers consultant brought forward a new highrise proposal to TRCA for consideration. At Authority Meeting #9/05, held on November 25, 2005, Resolution #A257/05 was approved as follows: THAT staff be authorized and directed to enter into discussions with representatives of Serenity Park Cemetery Corporation with respect to Toronto and Region Conservation Authority's (TRCA) requirement that any development of the site be no more than six stories; THAT staff be authorized to engage the services of a qualified real estate appraiser to assist in the valuation of the Serenity Cemetery proposal; AND FURTHER THAT staff report to the Authority on the results of these discussions at the earliest opportunity. At the Authority Meeting #7/06, held on September 29, 2006, Resolution #A193/06 was approved as follows: THAT staff be directed to discontinue negotiations with Serenity Park Cemetery Corporation regarding height restrictions on lands at the northeast corner of Jane Street and Steeles Avenue West. Based on the appeal of OPA 620, it appears Serenity Park may be seeking additional height and density, and possible change in land use. OMB Pre - Hearing The initial OMB pre- hearing was held on April 2, 2007. TRCA staff attended the pre- hearing seeking party status. The Chair of the OMB presiding over the pre- hearing issued an oral decision indicating that TRCA and the City of Toronto would be referred to as "parties seeking party status" in future procedural orders. At this time, the OMB has not consented to either TRCA or the city having party status. 81 A further pre- hearing is scheduled for May 24, 2007. Prior to the pre- hearing, all parties, including TRCA and the city, were required to submit an issues list for April 16, 2007. RATIONALE TRCA responded to the City of Vaughan as a commenting agency, vis -a -vis the issue of stormwater and flood management. With respect to the building height issue and traffic, TRCA responded as an adjacent property owner seeking to protect the interests of BCPV, as it relates to its historic and heritage attraction. The final report of June 2006, prepared by City of Vaughan Planning staff and adopted by Council, identified TRCA's issues and introduced policies addressing the building height and stormwater management. TRCA supports the proposed building height limit of 6 storeys at the intersection as established by Vaughan Planning staff. Vaughan staff also identified pedestrian connections and additional streetscaping policies to improve the gateway and environment around BCPV as requested by TRCA staff. Regarding the stormwater management matter, Vaughan Planning staff has concurred appropriate measures are required and has identified that the city will prepare a Terms of Reference for a study to comprehensively address this issue for the Secondary Plan area and Black Creek corridor. It is imperative that stormwater management be reviewed and conducted in a comprehensive manner, rather than on an incremental basis. It is staff's understanding that the City of Vaughan has initiated a Terms of Reference process to assist in engaging the services of a qualified consultant to undertake this review. OPA 620 acknowledges that a comprehensive approach is required and must be completed prior to the consideration of development approvals. It is TRCA's opinion that this is necessary to establish the limits of development and stormwater management blocks. Staff also recommend that the redevelopment of this study area have regard to minimizing impacts on the environment. All development should address the use of innovative sustainable water management practices for this area including, but not limited to, green roofs, permeable pavement and rainwater harvesting for irrigation and greywater systems. City staff in addressing the traffic issue determined that no further modifications were required because the issue was examined by the consultants hired by the city as part of the OPA review. Additionally, it was noted that the intersection was, and will continue to be congested, and it is anticipated that the extension of the Spadina Subway will encourage more public transit trips to the overall area, including BCPV. Notwithstanding the adoption of OPA 620, the subsequent appeals by the parties seek to change some of the proposed policies, and of particular concern to TRCA, the building heights at Jane Street and Steeles Avenue. Therefore, TRCA's issues (building heights, stormwater management, traffic and green technology) should be reiterated for the OMB hearing. TRCA seeks to ensure that any building heights proposed for the Jane and Steeles intersection minimize the impact on the historic Black Creek Pioneer Village. 82 TRCA still has a concern with significant congestion in this area, particularly during the peak periods and the impact it has on increased travel times, and how it impacts a comfortable and safe pedestrian environment. Of significance is the ability of potential visitors to get to BCPV for its many attractions and events. It is recommended that traffic calming measures be considered as part of resolving this issue. On the basis of the above, and given that the City of Vaughan has included TRCA's concerns through the policies contained in the amendment, TRCA supports OPA 620, as adopted. DETAILS OF WORK TO BE DONE Staff is requesting the authorization of the Executive Committee to retain legal counsel to ensure that TRCA interests as a commenting agency and as an adjacent landowner are protected and addressed at the hearing. Staff and retained legal counsel will continue to work with the parties and participants to the hearing to resolve our issues, and will continue to represent the interests of TRCA before the OMB. Legal Costs At this time staff is not able to provide a cost estimate of legal services. Typically, authorization would be granted through the Authority to retain legal counsel. It would be at this time that TRCA staff and legal counsel would scope the extent of TRCA's involvement in the hearing relative to the issues list. Based on this exercise, a cost estimate would be negotiated. Support of OPA 620 Concern was expressed at the Executive Committee meeting that the use of the words "as adopted" indicated TRCA supported OPA 620 in its entirety, and that our support may have an impact on the City of Toronto's position. The intent of the use of those words was to clearly identify that TRCA supports the version of the OPA adopted by Vaughan Council, as it relates to building heights at the intersection of Jane and Steeles, as well as stormwater management in the entire OPA area. Report prepared by: Bill Kiru, extension 5306 For Information contact: Bill Kiru, extension 5306 Date: April 17, 2007 Attachments: 1 83 Attachment 1 84 Schedule A - Land Use & Density RES. #A71/07 - CLEAN WATER ACT, 2006 Comments to the Environmental Bill of Rights on the Draft Regulations. Approval to make comments to the Ministry of the Environment and Conservation Ontario on the above - captioned Ministry of the Environment draft regulations due by May 4 to Conservation Ontario and by May 12, 2007 to the Ministry of the Environment. Moved by: Seconded by: Ron Moeser John Parker THAT the Environmental Bill of Rights (EBR) comments by Toronto and Region Conservation Authority (TRCA) in Attachment 1 be endorsed; THAT the comments be forwarded to Conservation Ontario and provided to the chair and mayors of the CTC (Credit Valley Conservation, Toronto and Region Conservation Authority and Central Lake Ontario Conservation Authority) watershed region municipalities; AND FURTHER THAT TRCA, on behalf of the CTC watershed region, advise the Ministry of the Environment directly of our comments after consideration of the consolidated comments to be prepared by Conservation Ontario. CARRIED BACKGROUND As has been reported in previous board reports, the Province of Ontario passed the Clean Water Act in October 2006. The Act is not yet proclaimed. The province has announced its intention to bring the Act into force when the first set of regulations is ready to be promulgated, likely in mid -2007. The Clean Water Act, 2006 gives the Ministry of the Environment the authority to make regulations on a number of matters. The first phase of draft regulations deal with: • establishing source protection areas and source protection regions; • governing the size of a source protection committee (SPC), the appointment of members to the source protection committee and the committee operations; • setting out the requirements for the Terms of Reference product to be prepared by the SPC; • time limits for the submission of the Terms of Reference, assessment report and source protection plan; and • a miscellaneous regulation which specifies when a drinking water system is deemed to be " planned ", what drinking water systems cannot be included in a Terms of Reference, the protocol for notification of the Ministry when an imminent drinking water hazard is discovered, adding to the list of Great Lakes agreements that must be considered by the SPC, and what municipal systems can be exempted from a source protection plan. The Ministry of the Environment posted these five draft regulations under the Clean Water Act, 2006, on the EBR registry on April 12, 2007 for comment (EBR Registry Number 010- 0122). Comments are due by May 12, 2007. Copies of the following are available via the internet at the addresses provided: 85 EBR posting 010 -0122 http: / /www.ebr.gov.on.ca /ERS- WEB - External /d isplaynoticecontent. do?noticeld = MTAwMzk2 &s tatusld = MTQ5OTg 1 &language =en Draft regulations under the Clean Water Act, 2006 Source Protection Areas and Regions http: / /www. ene. gov. on.ca/ envision /env_reg /er /documents/ 2007 /Areas %20and %20Regions %20 regulation.pdf Source Protection Committees http: / /www. ene. gov. on.ca/ envision / env_reg/er/ documents/ 2007 /Source %20Protection %20Com mittees.pdf Terms of Reference http: / /www. ene. gov. on.ca/ envision / env_reg/er/ documents / 2007 /Term %20of %20Reference. pdf Time Limits http: / /www. ene. gov. on.ca/ envision / env_reg/er/ documents /2007 /Time %20Limits. pdf Miscellaneous http: / /www. ene. gov. on.ca/ envision / env_reg/er/ documents /2007 /miscellaneous.pdf Clean Water Act, 2006 http: / /www. a -I aws. gov. on. ca /DB Laws /Sou rce /Statutes /En g I ish/2006/S06022_e. htm This report provides comments to be made in response to the EBR posting and requests the approval of the Authority to submit them as outlined in Attachment 1 to Conservation Ontario and provide to the chair and mayors of the CTC watershed region municipalities, and submit directly on behalf of the CTC Source Protection Region following review the consolidated comments prepared by Conservation Ontario. At Authority Meeting #11/06, held on January 26, 2007, Resolution #A307/06 was approved, authorizing the submission of comments on the "Discussion Paper on Source Water Protection Committees under the Clean Water Act, 2006 ", posted on the EBR registry on January 2, 2007 for comment (EBR Registry Number PA06E0013). The comments recommended in this report address the draft regulations posted by the Ministry after consideration of the comments received on the above captioned discussion paper. Report prepared by: Bev Thorpe, extension 5577 For Information contact: Bev Thorpe, extension 5577; Adele Freeman, extension 5238 Date: April 25, 2007 Attachments:1 86 Attachment 1 COMMENTS BY TORONTO AND REGION CONSERVATION AUTHORITY AS LEAD OF THE PROPOSED CTC SOURCE PROTECTION WATERSHED REGION AND ON BEHALF OF THE PARTNER CONSERVATION AUTHORITIES (Credit Valley Conservation and Central Lake Ontario Conservation Authority) ON THE MINISTRY THE ENVIRONMENT'S FIRST PHASE OF REGULATIONS UNDER THE CLEAN WATER ACT, 2006 POSTED APRIL 12, 2007 ON THE ENVIRONMENTAL BILL OF RIGHTS REGISTRY (EBR #010 -0122) BACKGROUND Purpose of the Current Ministry of the Environment Posting The Clean Water Act, 2006 gives the Ministry of the Environment the authority to make regulations on a number of matters. The first phase of draft regulations deal with: • establishing source protection areas and source protection regions; • governing the size of a source protection committee (SPC), the appointment of members to the source protection committee and the committee operations; • setting out the requirements for the Terms of Reference product to be prepared by the SPC; • time limits for the submission of the Terms of Reference, Assessment Report and Source Protection Plan; and • a miscellaneous regulation which specifies when a drinking water system is deemed to be " planned ", what drinking water systems cannot be included in a Terms of Reference, the protocol for notification of the Ministry when an imminent drinking water hazard is discovered, adding to the list of Great Lakes agreements that must be considered by the SPC, and what municipal systems can be exempted from a source protection plan. The Clean Water Act, 2006 received Royal Assent on Oct. 19, 2006. It has not yet been proclaimed and therefore is not currently in force. The government intends to proclaim the Act when this first set of key regulations are promulgated, likely in mid -2007. The Ministry has posted these five draft regulations under the Clean Water Act, 2006, on the Environmental Bill of Rights (EBR) registry on April 12, 2007 for comment (EBR Registry Number 010 - 0122). Comments are due by May 12, 2007. CTC is the name of the proposed source protection watershed region comprised of the combined boundaries of the Credit Valley, Toronto and Region, and Central Lake Ontario conservation authorities. 87 Source Protection Areas and Regions Regulation The Clean Water Act, 2006 is intended to protect existing and future sources of municipal drinking water. A key focus of the legislation is the production of locally developed, science based reports and source protection plans. Section 4 of the Act provides that the area over which a conservation authority has jurisdiction is a source protection area. This draft regulation establishes: a) source protection areas which are each of the conservation authority areas of the Credit Valley Conservation (CVC), Central Lake Ontario Conservation Authority (CLOCA) and Toronto and Region Conservation Authority (TRCA); b) the CTC source protection region which is comprised of the three source protection areas corresponding to CVC, TRCA and CLOCA (the CTC is one of 19 proposed regions in Ontario); and c) TRCA as the lead source protection authority for the CTC source protection region. Recommended EBR Comments 1) The list of participating municipalities in Table 1 of the proposed regulation should be amended for Toronto and Region Conservation Authority (line 37) by removing reference to the Town of New Tecumseth. The rationale for this request is: a. the Town of New Tecumseth is not one of the participating municipalities under the Orders -in- Council #2127/85 and #49/74 under the Conservation Authorities Act establishing the current jurisdiction of TRCA; b. the area of the Town of New Tecumseth which is within the proposed TRCA source protection area based on the new provincial mapping of the surface water boundaries does not contain any municipal drinking water supply nor well head protection area; and c. the area of the Town of New Tecumseth within CTC is approximately 10 square meters which is negligible. 2) Clarification is requested on which municipalities need to be consulted by the source protection region and the CTC SPC in carrying out their responsibilities. Is it the list included in Table 1 (with the exception of the Town of New Tecumseth) or does it also include the entire upper and lower tier municipalities within the CTC? It is recommended that the list of municipalities required to be consulted be restricted to those in Table 1 as the lower tier municipalities within the regions of Halton, Peel, York and Durham can be represented and consulted by their respective regional councils and staff. 3) If there is any consideration by the province to aligning the boundaries of the conservation authorities under the Conservation Authorities Act to the boundaries of the source protection areas as proposed in this regulation, we request that the province undertakes an analysis of the impacts of any changes on the current value assessment and the financial implications for each of the conservation authorities. 88 Source Protection Committees Regulation The lead source protection authority is responsible for establishing the source protection committee for each source protection region within 80 days of the regulation being in force. Under Section 7 of the Act, the Minister is responsible for appointing the chair after considering recommendations from the lead source protection authority (There is no time limit on the Minister's decision nor on the source protection authority getting the nominations before the Minister. It is desirable to have the chair in place as early as possible to aid in the establishment of the SPC and being able to commence the tasks by the SPC. TRCA is currently seeking expressions of interest from potential candidates until April 30, 2007). The size of the committee, including the chair, is set out for each source protection region - the CTC SPC is set at 16 members (there are no larger sizes in the proposed regulation, other regions' SPCs range in size from 10, 13 or 16 members including chair). The 15 CTC SPC members are to be selected from representatives of watershed stakeholders: • 1/3 of members representing municipalities with the nominees selected jointly by council's of the municipalities; • 1/3 of members reflecting the economy of the source protection region - agriculture, industry and commercial; and • the remaining 1/3 to reflect other interests including the interests of the general public. The draft regulation sets out the term of appointment for the source protection committee, including replacing vacancies, the scheduled staggered replacement of members to ensure no more than 1/3 of the members are replaced in one year and rules to ensure that the sectoral representation of 1/3, 1/3, 1/3 is maintained when members are replaced. The term of the initial SPC is until the first source protection plan has been approved. This first term, taking into account the staggered replacement, could be seven years for 1/3 of the initial SPC. Replacement terms are for three years. There are no limits on reappointing members. As lead source protection authority (SPA), TRCA will be required to conduct a transparent and time limited process to identify members through newspaper advertisements and posting on the internet at a minimum. TRCA will be required to consult with municipalities by sending notices to the clerks of the municipalities within 30 days of the regulation coming into force, specifying a date for councils to jointly provide the list of municipal representatives to be appointed (it is not clear if the municipalities are only the participating municipalities listed in Table 1 of the Source Protection Areas and Regions regulation or all upper and lower tier municipalities). If the municipalities do not provide the right number (too few or too many) or within the time limit, then TRCA will be required to select municipal representatives. TRCA staff believes that it is preferable for municipalities to select their members. For the remaining two sectors, public comment is required on the composition of the committee and an open process to solicit applications. The time limit for the lead source protection authority to establish the SPC is a maximum of 80 days after the regulation is promulgated with the following intermediary time limits: 1) publish notices within 30 days on composition of SPC and application process; 2) receive within 21 days of notice being published, comments on proposed SPC composition. 89 TRCA staff has held preliminary discussions with senior staff of the municipalities responsible for municipal drinking water supplies within the CTC to identify possible processes for selecting municipal members. Further discussions will be undertaken in advance of the regulations being finalized in order to be in a position to meet the timelines for establishment of the committee. The municipalities are concerned that the 5 municipal seats on the SPC are not enough to provide adequate representation. In the previous submission to EBR on the Discussion Paper, TRCA identified the need for a larger number of municipal seats and a higher proportion of the overall membership of the SPC. The draft regulation has not provided for this. Recommended EBR Comments 1) It is recommended that the size of the CTC SPC be increased to permit more municipal members, in particular reflecting the municipalities responsible for drinking water sources within the CTC. In the CTC, there are 8 such municipalities (Halton - groundwater supplies, Peel - groundwater and Lake Ontario supplies, York - groundwater supplies, Toronto - Lake Ontario supplies, Durham - groundwater and Lake Ontario supplies, Town of Erin, Town of Orangeville and Town of Mono - groundwater supplies). There are significantly different technical and policy issues associated with protecting groundwater sources as compared to Lake Ontario sources. There is a considerably different capacity to implement source protection plans amongst the lower tier headwaters municipalities versus regional /single tier municipalities which needs to be considered in developing the source protection plans and policies. Ideally another 2 municipal seats would provide the breadth of representation for these different perspectives. 2) It is recommended that the formation of the SPC should be completed within 180 days rather than 80 days. An effective source protection committee which adequately represents the watershed stakeholders is a fundamental component of the governance introduced under the Clean Water Act and the proposed regulations. Sufficient time is required to establish and make the SPC functional. The timelines for establishing the source protection committees are not reasonable given the need to: a. provide municipal councils adequate time to determine a process, select their representatives and have them endorsed by all the municipal councils; • The concept of the SPC and the proposal for all councils to endorse the members is new and will require councils to consider how to undertake this. • Municipal council meetings in the large CTC municipalities require agenda items and staff reports to be submitted at least 4 to 6 weeks in advance. • The council meetings are established on a yearly basis and the scheduling of the various municipal councils may make it virtually impossible to meet the process and timeline requirements of the regulation to achieve council resolutions from all. • There is no time to go back through the process should there be changes required to the slate of nominees. b. consult with stakeholders and the public on the proposed committee composition and undertake discussions if problems are identified; 90 c. consult with sectoral groups to identify candidate representatives; • The Ministry has cautioned the proposed source protection regions about not proceeding too far on initiating discussions in advance of the legislation and regulations coming into effect; • The expectations and rules have been evolving in the various provincial discussion documents and draft regulation. d. Attract suitable candidates given the uncertainty in remuneration, roles, qualifications and the time commitment and timetable for the work to be completed by the SPC. Terms of Reference Regulation The SPC under Section 8 of the Act is required to produce a Terms of Reference setting out the work plan which identifies major tasks to be undertaken and assigns roles and responsibilities in the source protection planning process for each source protection area. The Act also requires that the SPC consults with municipalities, band councils (where they exist within the source protection area) and the public. The source protection authority is permitted to comment on the Terms of Reference and is then responsible for submitting all the comments and the proposed Terms of Reference to the minister for approval. The draft regulation sets out contents for the terms of reference, provides municipal councils the right to identify work they wish to undertake, the public consultation process and under what conditions the SPC may propose to amend the Terms of Reference (requires consultation and submission to the Minister for approval). Time Limits Regulation Time limits have been proposed for the submission by the SPC and the source protection authority for each of the three products required under the Clean Water Act. The initial Terms of Reference must be submitted by the SPC to the source protection authority within nine months of the appointment of the first chair, and by the source protection authority to the minister within eleven months of the appointment of the first chair. These dates are each reduced by two months for subsequent Terms of Reference when required for review of the source protection plan. The second product required under the Clean Water Act is the Assessment Report. The draft regulation providing more specific guidance on the contents of the Assessment Report will not be posted until after the Act is proclaimed - perhaps in the fall of 2007. The Time Limits regulation requires that the assessment report is submitted by the source protection authority within two years of the appointment of the first chair of the SPC. Future assessment reports (for revisions of source protection plans) must be submitted within two years of the date specified by the minister in the approval of the source protection plan. The third product required under the Clean Water Act is the source protection plan. The draft regulation specifying the contents of the assessment report will not be posted until after the Act is proclaimed. The Time Limits regulation requires that the source protection plan is submitted by the source protection authority within five years of the appointment of the first chair of the SPC. Future source protection plans must be submitted within five years of the date specified by the minister in the approval of the source protection plan. 91 Recommended EBR Comment It is recommended that the time limits must be extended to provide adequate time to complete the mandatory actions required of the SPC, municipalities and the source protection authorities under the legislation and regulation. 1) It is recommended that the time limit for submission of the initial Terms of Reference by the SPC to the source protection authority, and by the source protection authority to the minister should each be lengthened by three months. This lengthened time reflects that the formation of the SPC will require additional time and there is considerable work to be completed by the SPC before the Terms of Reference can be submitted. The SPC is required to develop Rules of Conduct, Conflict of Interest Guidelines, become familiar with the technical work already undertaken by the conservation authorities and the municipalities with the funding provided by the province, consult with the municipalities to determine what additional drinking water systems are planned or should be exempted and if any additional water supplies are to be designated for source protection planning (such as a cluster of private wells). Work plans, associated budgets and responsibilities must be assigned. Municipal council resolutions are required regarding a number of issues and mandatory public consultation must be undertaken. The lead source protection authority will need to review the work plans and budget to determine any issues /concerns as they are responsible for administering the provincial funds for the SPC to undertake the source protection planning work. 2) It is recommended that the time limit for submission of the Assessment Report be changed to eighteen months from the approval of the Terms of Reference by the minister. This extension is recommended both: a. to provide adequate time to complete both the necessary technical work and the mandatory consultations; and b. to ensure that the SPC has the decision of the minister regarding the terms of reference as a necessary precursor to carrying out the work as planned. 3) It is recommended that the time limit for submission of the source protection plan be changed to thirty six months from the approval of the assessment report by the minister. This extension is recommended both: a. to provide adequate time to complete both the necessary planning and policy development work and the mandatory consultations; and b. to ensure that the SPC has the decision of the director regarding the assessment report as a necessary precursor to complete the source protection plan. Miscellaneous Regulation The proposed regulation contains a number of unrelated items which clarify and expand on a number of provisions of the Act: 1) The approvals which must be received for a water supply to be "planned "are described. 2) The regulation sets out the details on who, how and under what circumstances must imminent drinking water threat be reported. 3) The St. Lawrence River Basin Sustainable Water Resources Agreement is added to the list of Great Lakes agreements that must be considered by the SPC in carrying out its work. 92 4) Water supplies that are not to be considered in any assessment report are set out, in particular, municipal systems which are going out of service within five years and individual wells except in specific circumstances. 93 RES. #A72 /07 - GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Humber River Watershed Ministry of Transportation - Ontario, CFN 32850. Purchase of property located on the west side of Weston Road, north of Highway No. 401, City of Toronto - Etobicoke York Community Council Area, Humber River watershed. (Executive Res. #B 16/07) Moved by: Seconded by: Colleen Jordan Linda Pabst THAT 0.70 hectares (1.73 acres), more or less, of vacant land being Part of Lot 11, Concession 6 WYS and designated as Parts 1, 2, and 3 on Plan 64R -5934, City of Toronto - Etobicoke York Community Council Area, on the west side of Weston Road, north of Highway No. 401, be purchased from the Ontario Ministry of Transportation; THAT the purchase price be $6,100; THAT Toronto and Region Conservation Authority (TRCA) receive conveyance of the land free from encumbrance, subject to existing service easements; THAT Gardiner Roberts LLP, Barristers and 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 appropriate TRCA officials be authorized and directed to execute all necessary documentation required. CARRIED RES. #A73 /07 - GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Duffins Creek Watershed Purcell Property, CFN 36026. Donation of a parcel of land located on the east side of Brock Road, south of the Uxbridge- Pickering Townline, City of Pickering, Regional Municipality of Durham, under the " Greenlands Acquisition Project For 2006 - 2010 ", Floodplain and Conservation Component, Duffins Creek watershed. (Executive Res. #B 17/07) Moved by: Seconded by: Colleen Jordan Linda Pabst 94 THAT Toronto and Region Conservation Authority (TRCA) accept the donation from Vernon and Rita Purcell of 20.04 hectares (49.52 acres) more or less, consisting of an irregular shaped parcel of vacant ecologically sensitive land, said land being Part of Lots 15, 16 and 17, Concession 9, City of Pickering, in the Regional Municipality of Durham, further being described as being Parts 3 and 9 on Plan 40R- 24662, situated on the east side of Brock Road, south of the Uxbridge- Pickering Townline; THAT the acquisition of the donation is to be on the following basis; (a) income tax receipt is to be issued in the amount of $495,200 in accordance with the guidelines set out by Canada Customs and Revenue Agency; (b) Toronto and Region Conservation Authority is responsible for appraisal, environmental and reasonable legal fees; THAT TRCA extend their appreciation and thanks to Vernon and Rita Purcell for their generous donation; THAT TRCA receive conveyance of the land free from encumbrance, subject to existing service easements; THAT the firm Gardiner Roberts LLP, Barristers and 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 appropriate TRCA officials be authorized and directed to execute all necessary documentation required. CARRIED RES. #A74/07 - GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Humber River Watershed Willhelm and Leopoldine Platzer, CFN 36927. Purchase of property located at the southwest corner of Rutherford Road and Highway No. 27, City of Vaughan, Regional Municipality of York, under the "Greenlands Acquisition Project for 2006 - 2010 ", Flood Plain and Conservation Component, Humber River watershed. (Executive Res. #B 18/07) Moved by: Seconded by: Colleen Jordan Linda Pabst THAT 0.44 hectares (1.10 acres), more or less, of vacant land being Part of Lots 15 and 16, Concession 8 and designated as Part 11 on a Plan of Survey prepared by Brtl & Rowan Inc., Ontario Land Surveyors, dated July 5, 1986, City of Vaughan, located at the southwest corner of Rutherford Road and Highway No. 27, be purchased from Willhelm and Leopoldine Platzer; 95 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 appropriate TRCA officials be authorized and directed to take the necessary action to finalize the transaction including execution and signing of all necessary documentation. CARRIED RES. #A75/07 - GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Humber River Watershed Boyer Property, CFN 38904. Acquisition of a parcel of land located on the east side of Airport Road, north of Coolihan Sideroad, Town of Caledon, Regional Municipality of Peel, under the " Greenlands Acquisition Project For 2006 - 2010 ", Floodplain and Conservation Component, Humber River watershed . (Executive Res. #B 19/07) Moved by: Seconded by: Colleen Jordan Linda Pabst THAT 1.99 hectares (4.92 acres) more or less, consisting of a rectangular shaped parcel of land improved with a small, unserviced seasonal frame cabin, said lands being Part of Lot 37, Concession 1, Albion, Town of Caledon, in the Regional Municipality of Peel, on the east side of Airport Road, north of Coolihan Sideroad, be purchased from George Frederick Boyer, Pamela Jane Boyer, Joan Marie Boyer and Richard Michael Boyer; THAT the purchase price be $240,000.00; THAT acquisition by the Toronto and Region Conservation Authority (TRCA) is conditional on all necessary funding being available; THAT TRCA receive conveyance of the land free from encumbrance, subject to existing service easements; THAT Gardiner Roberts, Barristers and 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; 96 AND FURTHER THAT the appropriate TRCA officials be authorized and directed to execute all necessary documentation required. CARRIED RES. #A76 /07 - GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Don River Watershed Nine -Ten West Limited, CFN 38965. Purchase of property located north of Rutherford Road, east of Dufferin Street, City of Vaughan, Regional Municipality of York, under the "Greenlands Acquisition Project for 2006 - 2010 ", Flood Plain and Conservation Component, Don River watershed. (Executive Res. #B20/07) Moved by: Seconded by: Colleen Jordan Linda Pabst THAT 2.82 hectares (6.97 acres), more or less, of vacant land being Part of Lots 16 and 17, Concession 2 and designated as Blocks 198, 210, 211, 212, 213, 216, 218, 219, 220, 221 and 222 on a draft Plan of Subdivision prepared by Schaeffer & Dzaldov Limited, Ontario Land Surveyors, under their Job No. 03- 513 -OOS, dated December 8, 2006, City of Vaughan, located north of Rutherford Road, east of Dufferin Street, be purchased from Nine -Ten West Limited; 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 appropriate TRCA officials be authorized and directed to take the necessary action to finalize the transaction including execution and signing of all necessary documentation. CARRIED RES. #A77 /07 - GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Humber River Watershed Mansions of Humberwood Inc., CFN 38998. Purchase of property located north of Humberwood Boulevard, east of Highway No. 427 (rear of 710 Humberwood Boulevard), City of Toronto - Etobicoke York Community Council Area, Humber River watershed. (Executive Res. #B21 /07) 97 Moved by: Seconded by: Colleen Jordan Linda Pabst THAT 0.44 hectares (1.09 acres), more or less, of vacant land being Part of Block 1, Registered Plan 66M -2257 and designated as Parts 2, 3, and 4 on Plan 66R- 21480, City of Toronto - Etobicoke York Community Council Area, north of Humberwood Boulevard, east of Highway No. 427 (rear of 710 Humberwood Boulevard), be purchased from Mansions of Humberwood Inc.; 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 Gardiner Roberts LLP, Barristers and 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 appropriate TRCA officials be authorized and directed to execute all necessary documentation required. CARRIED RES. #A78/07- GREENLANDS ACQUISITION PROJECT 2006 -2010 Flood Plain and Conservation Component, Rouge River Watershed Riotrin Properties (Richmond Hill) Inc., CFN 39038. Purchase of property at 1706 Elgin Mills Road, located east of Leslie Street and north of Elgin Mills Road, Town of Richmond Hill under the "Greenlands Acquisition Project for 2006 - 2010 ", Flood Plain and Conservation Component, Rouge River watershed. (Executive Res. #822/07) Moved by: Seconded by: Colleen Jordan Linda Pabst THAT 11.43 hectares (28.24 acres), more or less, of vacant land being Part of Lot 26, Concession 3 and designated as Blocks 7, 8, and 9 on Draft M Plan, prepared by Marshall Macklin Monaghan Ontario Ltd. OLS under job #20 -06- 318- 01 -SU2, Town of Richmond Hill, Regional Municipality of York, located east of Leslie Street and north of Elgin Mills Road be purchased from Riotrin Properties (Richmond Hill) Inc.; 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; 98 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 appropriate TRCA officials be authorized and directed to execute all necessary documentation required. CARRIED RES. #A79/07 - THE REGIONAL MUNICIPALITY OF DURHAM Conveyance of Land for the Relocation and Upgrading of the Rosebank Sanitary Sewage Pumping Station, City of Pickering, Lake Ontario Waterfront, CFN 38755. Receipt of a request from the Regional Municipality of Durham for conveyance of land for the relocation and upgrading of the Rosebank Sanitary Sewage Pumping Station, on the north side of Rodd Avenue, east of Rosebank Road in the City of Pickering. (Executive Res. #823/07) Moved by: Seconded by: Colleen Jordan Linda Pabst THAT WHEREAS Toronto and Region Conservation Authority (TRCA) is in receipt of a request from the Regional Municipality of Durham to convey certain lands for the relocation and upgrading of the Rosebank Sanitary Sewage Pumping Station, on the north side of Rodd Avenue, east of Rosebank Road in the City of Pickering; AND WHEREAS it is in the opinion of TRCA that 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 Regional Municipality of Durham in this instance; THEREFORE LET IT BE RESOLVED THAT a parcel of TRCA -owned land containing 0.13 hectares (0.32 acres), more or less, required for the relocation and upgrading of the Rosebank Sanitary Sewage Pumping Station, said land being Part of Lot 30, Range 2, Broken Front Concession, City of Pickering, Regional Municipality of Durham, designated as Part 1 on Plan 40R -6062, be conveyed to the Regional Municipality of Durham ; THAT consideration be the nominal sum of $2.00, plus all legal, survey and other costs to be paid by the Regional Municipality of Durham; THAT the Regional Municipality of Durham demolish the existing Rosebank Pumping Station building, decommission the site as required under Ontario Ministry of the Environment regulations, and the property be revegetated /rehabilitated to the satisfaction of TRCA staff, with all costs for this work paid by the Regional Municipality of Durham; THAT the former, restored Rosebank Pumping Station property be transferred to TRCA ownership for nominal consideration; 99 THAT all TRCA lands disturbed by the construction of the new Rosebank Sanitary Sewage Pumping Station, if applicable, be revegetated /rehabilitated to the satisfaction of TRCA staff; THAT an archaeological investigation be completed, with any mitigative measures being carried out to the satisfaction of TRCA staff, at the expense of the Regional Municipality of Durham; THAT the Regional Municipality of Durham 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 this sale or the carrying out of construction; THAT said conveyance 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 the appropriate TRCA officials be authorized and directed to take whatever action may be required to give effect hereto, including the obtaining of necessary approvals and the execution of any documents. COMMITTEE OF THE WHOLE RES. #A80 /07 Moved by: Seconded by: Maria Augimeri Grant Gibson CARRIED THAT the committee move into closed session to discuss item 8.9 - Revised Project for the Etobicoke Motel Strip Waterfront Park (March, 1993). ARISE AND REPORT RES. #A81 /07 Moved by: Seconded by: Maria Augimeri Andrew Schulz CARRIED THAT the committee arise and report from closed session. CARRIED 100 RES. #A82 /07 - REVISED PROJECT FOR THE ETOBICOKE MOTEL STRIP WATERFRONT PARK (March, 1993) Proudfoot Motels Limited, CFN 12033. Settlement of compensation for rights expropriated for the Revised Project for the Etobicoke Motel Strip Waterfront Park (March, 1993). (Executive Res. #824/07) Moved by: Seconded by: Ron Moeser Peter Milczyn THAT confidential item 8.9 - Revised Project for the Etobicoke Motel Strip Waterfront Park (March, 1993), be approved. CARRIED CARRIED RES. #A83 /07 - YORK - PEEL - DURHAM - TORONTO GROUNDWATER MANAGEMENT PROJECT Sole Source Contract Award. Sole Source Contract Award to Central Lake Ontario Conservation Authority for the York -Peel- Durham - Toronto (YPDT) Groundwater Management project. (Executive Res. #825/07) Moved by: Seconded by: Ron Moeser John Parker WHEREAS Central Lake Ontario Conservation Authority (CLOCA) has provided project management services for the York -Peel- Durham - Toronto (YPDT) Groundwater Management project to the satisfaction of Toronto and Region Conservation Authority (TRCA) and our municipal funding partners since 2001; THEREFORE LET IT BE RESOLVED THAT a three year agreement with CLOCA to provide ongoing project management services to the partner agencies be approved at a cost not to exceed $200,000, plus applicable taxes, per calendar year, THAT this agreement be on terms and conditions satisfactory to TRCA staff and solicitors; AND FURTHER THAT the appropriate officials be authorized and directed to execute all necessary documentation required. AMENDMENT RES. #A84 /07 Moved by: Seconded by: Ron Moeser John Parker 101 THAT the following be inserted after the main motion: AND FURTHER THAT staff report back on the status of the York -Peel- Durham - Toronto Groundwater Management project. THE AMENDMENT WAS THE MAIN MOTION, AS AMENDED, WAS The final resolution reads as follows. CARRIED CARRIED WHEREAS Central Lake Ontario Conservation Authority (CLOCA) has provided project management services for the York -Peel- Durham - Toronto (YPDT) Groundwater Management project to the satisfaction of Toronto and Region Conservation Authority (TRCA) and our municipal funding partners since 2001; THEREFORE LET IT BE RESOLVED THAT a three year agreement with CLOCA to provide ongoing project management services to the partner agencies be approved at a cost not to exceed $200,000, plus applicable taxes, per calendar year, THAT this agreement be on terms and conditions satisfactory to TRCA staff and solicitors; THAT the appropriate officials be authorized and directed to execute all necessary documentation required; AND FURTHER THAT staff report back on the status of the York -Peel- Durham - Toronto Groundwater Management project. RES. #A85/07 - KERROWOOD DEVELOPMENTS LIMITED AND CITY OF VAUGHAN Ontario Municipal Board Hearing. Authorization for party status before the Ontario Municipal Board on referrals related to applications for an official plan amendment, draft plan of subdivision application and zoning amendment to permit the development of 45 single detached residences on the subject property. (Executive Res. #826/07) Moved by: Seconded by: Colleen Jordan Linda Pabst 102 THAT authorization be given to Toronto and Region Conservation Authority (TRCA) staff to obtain party status before the Ontario Municipal Board (OMB) regarding a proposed amendment to the Official Plan and Zoning By -Law for the City of Vaughan and the draft plan of subdivision for Kerrowood Developments Limited that is not in conformity with the Valley and Stream Corridor Management Program and with the Natural Heritage policies of the Provincial Policy Statement; THAT staff be authorized to retain legal counsel to pursue this appeal before the Ontario Municipal Board; AND FURTHER THAT the Ontario Municipal Board and all parties and participants to the hearing be so advised. CARRIED RES. #A86/07 - 2007 OPERATING AND CAPITAL BUDGET 2007 Operating and Capital Budget, recommended for approval. Moved by: David Barrow Seconded by: Jack Heath THAT WHEREAS the Conservation Authorities Act (CA Act) provides that a conservation authority, in establishing its annual levy, shall have the power to determine the proportion of total benefit of any project afforded to all participating municipalities that is afforded to each of them; THEREFORE LET IT BE RESOLVED THAT, subject to such regulations under the CA Act as may be approved by the Lieutenant - Governor -in- Council: (i) all participating municipalities be designated as benefiting for all projects included in the 2007 Operating Budget; (ii) Toronto and Region Conservation Authority's (TRCA) share of the cost of the programs included in the 2007 Operating Budget shall be raised from all participating municipalities as part of the General Levy; (iii) the 2007 General Levy be apportioned to the participating municipalities in the proportion that the modified current value assessment of the whole is under the jurisdiction of TRCA, unless otherwise provided in the levy or a project; (iv) the appropriate TRCA officials be directed to advise the participating municipalities, pursuant to the Conservation Authorities Act and the regulations made thereunder, to levy the said municipalities the amount of the General Levy set forth in the 2007 Operating Budget, and to levy the said municipalities the amount of the Capital Levy set forth in the 2007 Capital Budget and in the approved projects of TRCA; 103 THAT, subject to finalization of the participating municipalities' apportioned levy amounts, the 2007 Operating and Capital Budget, and all projects therein, be adopted; THAT staff be authorized to amend the 2007 Operating and Capital Budget to reflect actual 2007 provincial grant allocations in order to determine the amount of matching levy governed by regulation; THAT except where statutory or regulatory requirements provide otherwise, staff be authorized to enter into agreements with private sector or government agencies for the undertaking of projects which are of benefit to TRCA and funded by a sponsor; AND FURTHER THAT, as required by Ontario Regulations 139/96 and 231/97, this recommendation and the accompanying budget document, including the schedule of matching and non - matching levies, be approved by recorded vote. RECORDED VOTE Eve Adams Yea Paul Ainslie Yea Maria Augimeri Yea David Barrow Yea Gay Cowbourne Yea Rob Ford Yea Grant Gibson Yea Pamela Gough Yea David Gurin Yea Suzan Hall Yea Jack Heath Yea Colleen Jordan Yea Bonnie Littley Yea Glenn Mason Yea Peter Milczyn Yea Ron Moeser Yea Gerri Lynn O'Connor Yea Linda Pabst Yea John Parker Yea Anthony Perruzza Yea Andrew Schulz Yea John Sprovieri Yea Richard Whitehead Yea THE MOTION WAS CARRIED 104 RATIONALE Approval of the operating and capital budgets each year is part of TRCA's financial management and business planning process. In recent years, the TRCA budget process has increased in size and complexity. There are literally hundreds of projects underway for which funding and accountability varies with each project. Projects range in size from millions of dollars to a few thousand dollars and each must be allocated and tracked in detail. TRCA's funding partners require increasing levels of reporting and accountability all of which increases demand on limited human resources. The changes experienced have grown incrementally year after year and in 2007, TRCA budget staff found themselves stretched to meet the timelines for the budget. Among factors contributing to this were later than usual municipal approvals due to the 2006 municipal elections and the shift of the Business Excellence Advisory Board (BEAB) meeting from April 20th to April 13th. The end result is that staff is providing with this report the summary of the 2007 Operating Budget for consideration of the board. On April 13, 2007, staff will make a presentation explaining the major issues identified as part of the 2007 budget process. The detailed operating budget information package which supports the summary tables will be submitted to the Authority on April 27th. The capital budget is being finalized. The summary level capital budget will be available at the April 13th meeting and staff will provide a presentation explaining the major projects. To ensure that these delays are not experienced in the 2008 budget and year end process, staff will be reviewing the entire budget preparation process and reporting requirements. We will report to the BEAB in September on changes being put in place to ensure the 2008 timelines can be achieved. Municipal Approval Status As the Members are aware, staff prepare preliminary estimates in the summer and fall of each year for submission to TRCA's municipal funding partners. Staff meet with municipal staff as required by the budget processes followed by each major participating municipality. Presentations are made to municipal finance staff and the committees and councils of the funding partners as required. In the case of Peel Region, TRCA works closely with staff at Credit Valley and Halton conservation authorities to align budget information and requirements. A similar process occurs with York Region where TRCA works closely with the Lake Simcoe Region Conservation Authority. In Durham, the process is more complicated because five conservation authorities work to align budgets and financial submissions to meet the Region of Durham budget requirements. TRCA's submissions to the City of Toronto for capital and operating levy must be submitted using the city department format which requires realignment of TRCA financial statements to meet the city's specific format. In the fall of 2006, the Authority approved an operating levy increase guideline of 4 %, reflecting the need to address salary and wage pressures as well as increased utility costs and other inflationary pressure. The following summarizes the status of the discussions and submissions as of April 6, 2005: 105 City of Toronto The capital funding included in the TRCA budget has been approved by City Council. The operating budget will be before Council on April 20 and 23, 2007. Regional Municipality of Peel The capital and operating funding included in the TRCA budget has been approved by Regional Council. Regional Municipality of York The capital and operating funding included in the TRCA budget has been approved by Regional Council. Regional Municipality of Durham The capital and operating funding included in the TRCA budget has been approved by Regional Finance and Administration Committee. Approval by Regional Council is anticipated prior to the April 27, 2007 Authority meeting. Township of Adjala - Tosorontio The township has been advised of TRCA's levy request. Approval of the TRCA levy is anticipated. Town of Mono The town has been advised of TRCA's levy request. Approval of the TRCA levy is anticipated. Provincial Legislation By regulation, TRCA has provided 30 days written notice to its member municipalities of the date of the meeting at which the Authority will approve the municipal levy. At the April 27, 2007 Authority meeting, a recorded vote on the budget recommendation including the non - matching municipal levy is required. The weighted voting procedure prescribed by regulation will be used. Summary Attached is a summary of the 2007 Operating Budget. The 2007 Capital Budget summary will be available at the meeting. The provincial funding which is matched with levy has not been confirmed but is unlikely to change in any material way. Report prepared by: Jim Dillane, extension 6292; Rocco Sgambelluri, extension 5274 For Information contact: Jim Dillane, extension 6292; Rocco Sgambelluri, extension 5232; Ralph Kofler, extension 5274 Date: April 10, 2007 Attachments: 2 106 Attachment 1 (fTQRONTO AND REGION 1r- onserva Iron for The Living i y 2007 OPERATING BUDGET As submitted to the Authority on April 27, 2007 107 TORONTO AND REGION CONSERVATION AUTHORITY 2007 BUDGET TABLE OF CONTENTS Pages Section 1: Apportionment of Levy 2007 Apportionment of Levy - Summary 1 2007 Apportionment of Levy - Matching /Non- Matching Format 2 Basis of Apportionment - Municipal Levy 2007 3 - 4 Section 2: Operating Budget Operating Budget Summary 5 - 6 Full -Time Equivalents of Staffing 7 2007 Operating Budget - Detailed 8 - 26 108 SECTION I 2006 APPORTIONMENT OF LEVY 109 Page 1 TORONTO AND REGION CONSERVATION AUTHORITY ADJALA - TOSORONTIO DURHAM TORONTO MONO PEEL YORK LEVY ON HAND / SPECIAL APPORTIONMENT OF 2007 OPERATING BUDGET LEVY GENERAL PROGRAMS SUMMARY < 2007 GENERAL LEVY EXCLUDING TAX TAX ADJ. ADJUST. LEVY 2007 2006 OPERATING LEVY * Operating Change 07/06 TOTAL CAPITAL GENERAL PROJECTS ROUGE LEVY LEVY ** PARK $ 837 313,488 6,769,988 848 1,152,510 1,931,704 $ 55,712 39,599 70,814 $ $ $ 751 350,271 6,529,952 819 1,168,613 1,887,594 $ 86 18,929 240,036 29 23,496 114,924 % 11.5% 5.4% 3.7% 3.5% 2.0% 6.1% 837 369,240 6,769,988 848 1,192,109 132' $76,7$9 5',9$5,797 134 5,764,308 10 3,6681 79,2221 10 13,486: 2,402,518 2'' „015,040 2,604; 10,169,375 166,125 9,938,000 397,500 4.0% 10,335,500 14',642,200 119,000: 5;567,300 10,169,375 166,125 9,938,000 397,500 4.0% 10,335,500 20 „209,500 119,0001 * excludes Rouge Park levy ** See Capital Levy schedule for details 110 Page 2 TORONTO AND REGION CONSERVATION AUTHORITY APPORTIONMENT OF 2007 LEVIES MATCHING* AND NON - MATCHING FORMAT * Based on preliminary estimates of provincial funding. 111 OPERATING LEVY MATCHING* NON - MATCHING TOTAL $ $ $ ADJALA-TOSORONTIO 70 767 837 DURHAM 26,073 343,127 369,200 TORONTO 563,068 6,206, 920 6,769,988 MONO 71 777 848 PEEL 95,856 1,096,253 1,192,109 YORK 160,662 1,841,856 2,002,518 845,800 9,489,700 10, 335, 500 * Based on preliminary estimates of provincial funding. 111 Page 3 THE TORONTO AND REGION CONSERVATION AUTHORITY BASIS OF APPORTIONMENT - MUNICIPAL LEVY - 2007 (BASED ON 2005 FOR 2006 MODIFIED CURRENT VALUE ASSESSMENT FIGURES) MUNICIPALITY CURRENT % CURRENT TOTAL POPULATION VALUE MUNICIP- VALUE POPULATION IN ASSESSMENT ALITY IN ASSESSMENT AUTHORITY AUTHORITY IN WATERSHED $(000's) Township of Adjala - Tosorontio Durham, Regional Municipality of City of Toronto Town of Mono Peel, Regional Municipality of York, Regional Municipality of $(000's) 1,296,278 23,373,933 419,197,128 1,050,261 164,952,579 130,898,252 740,768,431 ANALYSIS OF REGIONAL MUNICIPALITIES' Durham, Regional Municipality of Ajax, Town of Pickering, Town of Uxbridge Township Peel, Regional Municipality of Brampton, City Mississauga, City of Caledon, Town of York, Regional Municipality of Aurora, Town of Markham, Town of Richmond Hill, Town of Vaughan, Town of Whitchurch - Stouffville, Town of King Township 9,602,639 11,231,997 2,539,297 23,373,933 49,973,656 106,174, 962 8,803,961 164,952,579 7,027,250 41,792,323 25,840,860 48,601,844 4,145,281 3,490,693 130,898,252 As provided by the Ministry of Natural Resources 4 51,851 * 19,411,133 100 419,197,128 5 52,513 * 71,363,319 * 119,610,992 86 95 19 63 33 55 4 100 99 100 43 45 9,798 392 186,484 155,901 2,079,645 2,079,645 6,440 322 975,876 436,708 639,456 577,096 629,686,937 3,897,699 3,250,064 8,258,269 10,670,397 482,467 83,219 71,568 85,148 80,891 18,117 3,442 19,411,133 186,484 155,901 31,483,403 35,037,737 4,842,179 343,794 216,590 579,669 191,291 52,413 28,827 71,363,319 975,876 436,708 281,090 41,792,323 25,582,452 48,601,844 1,782,471 1,570,812 40,808 1,632 218,475 218,475 136,312 134,949 204,943 204,943 20,802 8,945 18,116 8,152 119,610,992 639,456 577,096 112 Page 4 TORONTO AND REGION CONSERVATION AUTHORITY 2007 LEVY APPORTIONMENT MUNICIPALITY ADJALA - TOSORONTIO DURHAM, REGIONAL MUNICIPALITY OF Ajax 8,258,269 Pickering 10,670,397 Uxbridge 482,467 CITY OF TORONTO TOWN OF MONO PEEL, REGIONAL MUNICIPALITY OF Brampton Mississauga Caledon 31,483,403 35,037,737 4,842,179 YORK, REGIONAL MUNICIPALITY OF Aurora Markham Richmond Vaughan Whitchurch - Stouffville King 281,090 41,792,323 25,582,452 48,601,844 1,782,471 1,570,812 MODIFIED 2007 GENERAL CURRENT VALUE LEVY ASSESSMENT PROPORTIONATE IN WATERSHED FACTOR $(000's) 51,851 19,411,133 419,197,128 52,513 71,363,319 119, 610, 992 629, 686, 937 2006 GENERAL LEVY PROPORTIONATE FACTOR 0.00823% 3.08266% 66.57231 % 0.00834% 11.33314% 18.99531 % 0.00770% 3.09344% 66.93400% 0.00840% 11.16293% 18.79353% 100.00000% 100.00000% 113 Page 5 TORONTO AND REGION CONSERVATION AUTHORITY 2007 Operating Budget Gross Expenditures (by functional Unit) Finance and Business Services Division Administration Rental Properties Property Sevices Vehicle & Equipment Reserve Watershed Management Division WM Divisional Management Watershed Strategies Conservation Field Centres Page 2006 * 2006 2007 07 / 06 07 / 06 Reference Budget Actual Budget % Chq. $ Chq. $ $ $ Page 8 2,208,500 Page 9 1,816,700 Page 10 1,248,200 Page 11 5,273,400 2,093,804 2,294,000 3.9% 85,500 1,701,348 1,694,900 -6.7% (121,800) 1,196, 900 1,267,100 1.5% 18,900 27,129 5, 019,181 5,256, 000 -0.3% (17, 400) Page 12 427,800 327,837 831,900 94.5% 404,100 Page 13 2,701,900 2,790,803 2,421,700 -10.4% (280,200) Page 14 2,346,400 2,170,410 2,557,600 9.0% 211,200 5,476,100 5,289,050 5,811,200 6.1% 335,100 Planning & Development Division Development Services Page 15 2,869,900 2,685,686 2,961,500 3.2% Enforcement Page 16 532,200 496,934 559,300 5.1% 3,402,100 3,182, 620 3,520,800 3.5% 118,700 2007 over 2006 Change Intro: all budgets affected by COLA and market adjustments Higher telecommunications charge: , Insurance cost added, GIS recoveries down, additional staff, project recoveries up Canada Post maintenance deferred pending negotiations RAP MOU administration expanded . Self- funded. No specially funded Report Card projects in 2007. New Self- funded education product added 91,600 2 FTE's planning staff added. 27,100 Ecology Division Ecology Page 17 2,780,100 Community Transformation Partnerships Restoration Services Division Restoration Services Parks and Culture Division Parks & Culture Divisional Management Conservation Areas Kortright Centre for Conservation Page 18 1,585,000 Page 19 2,871,260 2,960,600 6.5% 180,500 .5Admin Clerk, Maternity leave returns. 1,053,119 1,340,300 -15.4% (244,700) Expenses more in line with likely funding levels. 4,365,100 3,924,379 4,300,900 -1.5% (64, 200) 2,231,900 1,882,614 2,320,500 4.0% 88,600 Page 20 802,100 818,519 907,600 13.2% 105,500 Page 21 3,250,000 3,196,563 3,241,800 -0.3% (8,200) Page 22 1,406,200 1,433,468 1,389,400 -1.2% (16,800) Oak Ridges Corridor Park Page 23 Black Creek Pioneer Village Food Services Office of the CAO Corporate Management Corporate Secretariat Human Resources Professional Access Program 1,126, 000 1,034,804 1,089,900 -3.2% (36,100) Page 24 4,228,000 4,061,190 4,357,800 3.1% 129,800 Page 25 1,140,500 1,011,451 1,127,700 -1.1% (12,800) 11, 952, 800 11, 555, 996 12,114, 200 1.4% 161,400 Page 26 Page 26 Page 26 Page 26 New Nursery building op. costs including .75 FTE Admin Clerk. Lower Asian Longhorn Beetle program. More marketing /customer service staff added.Staff transfers in. Fine - tuning of costs to run new programming. Interpreters reduced, staff to marketing. Maintenance costs up 418,000 419,870 438,700 5.0% 20,700 320,600 342,699 351,400 9.6% 30,800 475,700 478,919 539,400 13.4% 63,700 Volunteer network up 94,172 246,100 246,100 New program, self- funded 2,196,600 2,292,490 2,564,700 16.8% 368,100 Expenditure Total 34,898,000 33,146,330 35,888,300 2.8% 990,300 114 Page 6 Toronto and Region Conservation Authority 2007 Operating Budget Funding Sources: Program /User fees: Rental Properties Black Creek Pioneer Village Food Services Development Services Restoration Services Conservation Areas Kortright Centre for Conservation Oak Ridges Corridor Park Conservation Field Centres Summary All Other Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Other Municipal Provincial Federal Donations /Fundraising Private Reverse internal plant material charges included under user fees Other Revenue total Net Expenditures Net Expenditures funded by: Provincial Transfer Payments Municipal Levy Deficit / (Surplus) 2006 * 2006 2007 07 / 06 07 / 06 Budget Actual Budget % Chq. $ Chq. $ $ $ 2,249,400 2,204,943 2,092,100 -7.0% (157,300) 1,965,500 1,838, 945 2,133, 500 8.5% 168,000 1,237,400 1,120, 584 1,303,100 5.3% 65,700 2,627,000 2,739,324 2,757,000 4.9% 130,000 1,604,500 1,818,177 2,380, 600 48. 4 % 776,100 3,073,700 2,860, 676 3,183,100 3.6% 109,400 1,214,600 1,105, 454 1,233, 600 1.6% 19,000 1,251,000 1,149, 782 1,211, 000 -3.2% (40, 000) 1,606,700 1, 512,871 1,677, 900 4.4% 71,200 424,000 524,730 488,500 15.2% 64,500 85,000 (19,042) 73,600 -13.4% (11,400) 800,000 673,191 800,000 283,100 493,263 251,000 -11.3% (32,100) 1,854,100 1,331,510 1,611,100 -13.1% (243,000) 2,480,300 2,423,471 2,198,100 -11.4% (282, 200) 1,068,400 980, 539 1,143, 500 7.0% 75,100 687,700 649,650 547,600 -20.4% (140,100) 630,500 579,688 727,100 15.3% 96,600 2007 over 2006 Change Soft rental market Fee increases Increased sales. Fee increases Sp. Project revenue to Ecology Fee increases Target fine -tuned for 2007 Less CTP funding projected Less CTP funding projected RAP MOU admin up Less CTP funding projected More CTP to be funded via private organizations (1,028,700) (1,200,096) (805,300) -21.7% 223,400 Higher level of internal servicing 24,114,200 22,787,659 25,007,100 3.7% 892,900 10,783,800 10,358,671 10,881,200 0.9% 97,400 845,800 845,753 845,800 9,938,000 9,937,932 10, 335, 500 (425,014) (300,100) 397,500 (300,100) * Reformatted for 2007 presentation- Source Protection & some revenue reclassifications 115 Page 7 TORONTO AND REGION CONSERVATION AUTHORITY Full -time Equivalent Employees Seasonal, Part -time FULL -TIME Contract TOTAL FTE's 2006 2007 2006 2007 2006 2007 Finance & Business Services 51.4 51.8 0.3 1.6 51.7 53.4 Watershed Management / Planning / 136.8 135.8 19.8 24.6 156.6 160.4 Ecology/ Restoration Services Parks and Culture 67.3 65.8 105.1 102.8 172.4 168.6 Office of the CAO 17.5 20.1 17.5 20.1 Total Operating 273.0 273.5 125.2 129.0 398.2 402.5 Capital 79.7 91.8 23.9 22.5 103.6 114.3 TOTAL STAFFING 352.7 365.3 149.1 151.5 501.8 516.8 116 SECTION 2 2007 OPERATING BUDGET 117 TORONTO AND REGION CONSERVATION AUTHORITY 2007 OPERATING BUDGET - FINAL DIVISION: ACTIVITY: Finance and Business Services Administration Page 8 2006 2006 2007 Budget Actuals Budget % Chq. $ Chq. $ $ $ Expenditures: Financial Services 791,200 788,668 830,200 4.9% 39,000 Office Services 1,130,800 1,126,249 1,255,900 11.1% 125,100 Information Technology 520,200 485,091 612,200 17.7% 92,000 GIS 350,200 356,458 459,100 31.1% 108,900 Project Surcharge (650,000) (725,315) (927,200) 42.6% (277,200) Environmental Management Systems 66,100 62,653 63,800 -3.5% (2,300) Expenditure Total 2,208,500 2,093,804 2,294,000 3.9% 85,500 Funding Sources: Program /User fees 409,000 484,405 474,000 15.9% 65,000 Reserves - CFGT - Living City - CFGT - Flowthrough - Municipal 3,042 - Provincial - Federal - Donations /Fundraising Private 2,106 - Revenue Total 409,000 489,553 474,000 15.9% 65,000 Net Expenditures 1,799,500 1,604,251 1,820,000 1.1% 20,500 Comments: Major 07 over 06 Changes (in addition to economic factors): Info Technology: Increase in cost of Internet, voice and data lines, volume + upgrades in capacity GIS: Increase attributed to lower program recoveries Office Services: increase due to insurance budget, previously omitted in error Project Surcharge: Increase in recover) Wage costs: Additional positions in Financial Services and Office Services, partial year 118 TORONTO AND REGION CONSERVATION AUTHORITY 2007 OPERATING BUDGET - FINAL DIVISION: Finance and Business Services Page 9 ACTIVITY: Rental Properties Expenditures: Basic Rentals ORC Rentals Special Agreements Central Services Expenditure Total Funding Sources: Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Municipal Provincial Federal Donations /Fundraising Private Revenue total Net Expenditures 2006 2006 2007 Budget Actuals Budget % Chq. $ Chq. $ $ $ 651,200 543,164 559,800 -14.0% (91,400) 729,000 718,033 693,000 -4.9% (36,000) 106,600 100,927 101,500 -4.8% (5,100) 329,900 339,224 340,600 3.2% 10,700 1,816,700 1,701,348 1,694,900 -6.7% (121,800) 2,249,400 2,204,943 2,092,100 5,000 3,048 14,289 2,254,400 2,222,279 -7.0% (157,300) - 100.0% (5,000) 2,092,100 -7.2% (162,300) (437,700) (520,931) (397,200) -9.3% 40,500 Comments: Major 07 over 06 Changes (in addition to economic factors): Rentals :No net revenue from OPG lease. Lease revenue to be reinvested in building as per agrrement with OPG. Rental :Reduction in revenue due to a reduction in the number of rentals. Expenditures reduced accordingly. 119 TORONTO AND REGION CONSERVATION AUTHORITY 2007 OPERATING BUDGET - FINAL DIVISION: Finance and Business Services Page 10 ACTIVITY: Property & Taxes 2006 2006 2007 Budget Actuals Budget % Chq. $ Chq. $ $ $ Expenditures: Property Services 717,100 710,874 809,600 12.9% 92,500 Taxes & Insurance 453,000 420,519 372,000 -17.9% (81,000) Conservation Land Planning 78,100 65,508 85,500 9.5% 7,400 Expenditure Total 1,248,200 1,196,900 1,267,100 1.5% 18,900 Funding Sources: Program /User fees 200 Reserves CFGT - Living City 60,000 60,000 60,000 CFGT - Flowthrough Municipal Provincial 1,977 Federal Donations /Fundraising Private Revenue Total Net Expenditures 66,374 55,000 - 55,000 60,000 128,551 115,000 91.7% 55,000 1,188,200 1,068,349 1,152,100 -3.0% (36,100) Comments: Major 07 over 06 Changes (in addition to economic factors): Less 80K for additional property tax exemptions Additional costs associated with 1 contract position and 1 full time position (both part year) 120 TORONTO AND REGION CONSERVATION AUTHORITY 2007 OPERATING BUDGET - FINAL DIVISION: Finance and Business Services Page 11 ACTIVITY: Vehicle & Equipment 2006 2006 2007 Budget Actuals Budget % Chq. $ Chq. $ $ $ Expenditures: Fuel, Maintenance & Repairs 471,700 929,386 452,800 -4.0% (18,900) Vehicle Purchases - New - Vehicle Purchases - Replacement 225,000 245,900 9.3% 20,900 Equipment Purchases - New 5,000 5,000 Equipment Purchases - Replacement 130,000 130,000 Equipment Disposal Proceeds (53,000) (53,000) Internal Recoveries (778,700) (902,257) (780,700) 0.3% (2,000) Expenditure Total 27,129 Funding Sources: Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Municipal Provincial Federal Donations /Fundraising Private 27,129 Revenue Total 27,129 Net Expenditures Comments: Major 07 over 06 Changes (in addition to economic factors): Normal rate of replacements. 121 TORONTO AND REGION CONSERVATION AUTHORITY 2007 OPERATING BUDGET - FINAL DIVISION: Watershed Management Page 12 ACTIVITY: WM Divisional Management Expenditures: Divisional Management R.A.P. Administration Expenditure Total Funding Sources: Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Municipal Provincial Federal Donations /Fund raising Private Revenue Total Net Expenditures 2006 2006 2007 Budget Actuals Budget % Chq. $ Chq. $ $ $ 198,900 201,999 208,700 4.9% 9,800 228,900 125,838 623,200 172.3% 394,300 427,800 327,837 831,900 94.5% 404,100 131,150 74,794 322,850 146.2% 191,700 129,850 73,544 322,850 148.6% 193,000 261,000 148,338 645,700 147.4% 384,700 166,800 179,499 186,200 11.6% 19,400 Comments: Major 07 over 06 Changes (in addition to economic factors): Divisional Adminstration: better reflects misc. costs of staff group working out of new Downsview Park office. Remedial Action Plan Administration self- funded Federal RAP MOU revenue. 122 TORONTO AND REGION CONSERVATION AUTHORITY 2007 OPERATING BUDGET - FINAL DIVISION: ACTIVITY: Watershed Management Watershed Strategies Page 13 Expenditures: Don River Humber River Rouge River Highland Creek Etobicoke - Mimico Creek Duffins Creek Oak Ridges Moraine Waterfront Strategy CTC Source Water Protection Plan Portion funded from Capital Other Expenditure Total Funding Sources: Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Other - Municipal Other - Provincial Other - Federal Other - Donations /Fundraising Other - Private 2006 2006 2007 Budget Actuals Budget % Chq. $ Chq. $ $ $ 229,200 475,400 400,000 15,500 290,600 239,400 163,400 64,800 1,050,000 (226,400) 149,273 368,061 600,000 7,665 322,501 247,420 122,818 59,673 1,087,477 (227,473) 53,389 279,500 361,900 400,000 9,700 274,400 231,000 132,900 68,700 821,900 (158,300) 2,701,900 2,790,803 21.9% 50,300 - 23.9% (113,500) - 37.4% - 5.6% - 3.5% - 18.7% 6.0% - 21.7% - 30.1% (5,800) (16, 200) (8,400) (30,500) 3,900 (228,100) 68,100 2,421,700 -10.4% (280,200) 20,000 125,000 1,121,250 46,250 400,000 172,000 7,834 48,600 62,038 125,000 1,014 20,000 46,625 880,150 49,500 34,250 600,072 400,000 110,132 143,700 143.0% 28,600 - 21.5% - 25.9% 20,000 (241,100) (12, 000) - 16.5% (28,300) Revenue Total 1,884,500 877,215 1,651,700 -12.4% (232,800) Net Expenditures 817,400 1,913,588 770,000 -5.8% (47,400) Comments: Major 07 over 06 Changes (in addition to economic factors): Don River and Humber River: exp. /rev for Report card to occur in 07 CTC Source Water Protection moved here for 2007+ because non -TRCA portion functions like a Strategy. Less Federal /Provincial RAP MOU revenue 2006 Actuals: Don River- deferral of Watershed Plan; Humber River and Highland Creek due primarily to constraints. ORM Coalition: CAMC funds not used up in 06 123 TORONTO AND REGION CONSERVATION AUTHORITY 2007 OPERATING BUDGET - FINAL DIVISION: ACTIVITY: Watershed Management Conservation Field Centres Page 14 2006 2006 2007 Budget Actuals Budget % Chq. $ Chq. $ $ $ Expenditures: Program Management 127,300 124,666 133,400 4.8% 6,100 Education Support Services 236,300 211,011 276,600 17.1% 40,300 Albion Hills 702,500 658,084 719,100 2.4% 16,600 Claremont 628,100 608,099 640,700 2.0% 12,600 Lake St. George 652,200 640,685 675,800 3.6% 23,600 Education Special Projects 24,077 134,500 - 134,500 Recoveries from Other programs Expenditure Total (96,212) (22,500) (22,500) 2,346,400 2,170,410 2,557,600 9.0% 211,200 Funding Sources: Program /User fees 1,606,700 1,512,871 1,677,900 4.4% 71,200 Reserves 15,000 (14,923) 10,000 -33.3% (5,000) CFGT - Living City 250,000 375,000 250,000 CFGT - Flowthrough 128,000 124,500 -2.7% (3,500) Municipal 31,500 156,000 395.2% 124,500 Provincial - Federal - Donations /Fundraising 1,000 10,500 950.0% 9,500 Private 3,760 - Revenue Total Net Expenditures 2,032,200 1,876,709 2,228,900 9.7% 196,700 314,200 293,702 328,700 4.6% 14,500 Comments: Major 07 over 06 Changes (in addition to economic factors): Management / Support : Education Support: some program development restored. Albion: Claremont: LSG: 2006 Actuals: Loss of summer business at Lake St. George offset by constraints. 124 TORONTO AND REGION CONSERVATION AUTHORITY 2007 OPERATING BUDGET - FINAL DIVISION: Planning & Development Page 15 ACTIVITY: Development Services 2006 2006 2007 Budget Actuals Budget % Chq. $ Chq. $ $ $ Expenditures: Planning Services 721,500 652,839 817,600 13.3% 96,100 Regulation Services 653,900 637,300 680,500 4.1% 26,600 Solicitor /Realtor Enquiries 50,100 34,024 51,600 3.0% 1,500 Policy, Research and Special Projects 539,600 415,174 457,900 -15.1% (81,700) Hearings 200,000 249,978 200,000 Environmental Assessment 1,035,500 954,661 1,109,900 7.2% 74,400 Portion funded via other Program Categories (330,700) (258,289) (356,000) 7.7% (25,300) Expenditure Total 2,869,900 2,685,686 2,961,500 3.2% 91,600 Funding Sources: Program /User fees 2,627,000 2,739,324 2,757,000 4.9% 130,000 Reserves - CFGT - Living City - CFGT - Flowthrough - Municipal 1,244,000 792,701 836,500 -32.8% (407,500) Provincial 1,668 Federal Donations /Fundraising Private 1,818 14,200 - 14,200 Portion funded via other Program Categories (330,700) - 100.0% 330,700 Revenue Total Net Expenditures 3,540,300 3,535,512 3,607,700 1.9% 67,400 (670,400) (849,826) (646,200) -4% 24,200 Comments: Major 07 over 06 Changes (in addition to economic factors): Planning: mostly wage reclassifications Regulations: mostly wage reclassifications Policy development: focus on implementation of Generic Regs. Mostly reclassification impact. E.A.: $210 thousand for 2.5 more FTE's of staff. 125 TORONTO AND REGION CONSERVATION AUTHORITY 2007 OPERATING BUDGET - FINAL DIVISION: ACTIVITY: Planning & Development Enforcement Page 16 2006 2006 2007 Budget Actuals Budget % Chq. $ Chq. $ $ $ Expenditures: Enforcement 482,200 474,040 509,300 5.6% 27,100 Legal 50,000 22,893 50,000 Expenditure Total 532,200 496,934 559,300 5.1% 27,100 Funding Sources: Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Municipal Provincial Federal Donations /Fund raising Private Revenue Total Net Expenditures 3,145 3,145 532,200 493,789 559,300 5.1% 27,100 Comments: Major 07 over 06 Changes (in addition to economic factors): 126 TORONTO AND REGION CONSERVATION AUTHORITY 2007 OPERATING BUDGET - FINAL DIVISION: Ecology Page 17 2006 2006 2007 Budget Actuals Budget % Chq. $ Chq. $ $ $ Expenditures: Program Management 317,300 325,374 381,800 20.3% 64,500 Sustainable Development Planning Review Services 23200 16139.81 30600 31.9% 7400 Special Projects 201,600 236,309 190,000 -5.8% (11,600) Natural Heritage Management 507,000 503,490 546,300 7.8% 39,300 Water Resources 797,300 795,795 917,300 15.1% 120,000 Flood Forecasting & Warning 213,700 241,495 222,700 4.2% 9,000 Op. & Maintenance of Dams, Channel: and Water Control Structures 325,000 277,834 313,800 -3.4% (11,200) Source Water Protection 395,000 474,824 358,100 -9.3% (36,900) Expenditure Total 2,780,100 2,871,260 2,960,600 6.5% 180,500 Funding Sources: Program /User fees 8,577 - Reserves - CFGT - Living City 65,000 19,282 65,000 CFGT - Flowthrough - Municipal 126,600 152,895 189,000 49.3% 62,400 Provincial 470,000 1,609,181 450,000 -4.3% (20,000) Federal 25,000 (2,428) 25,000 Donations /Fundraising - Private - Revenue Total 686,600 1,787,507 729,000 6.2% 42,400 Net Expenditures 2,093,500 1,083,753 2,231,600 6.6% 138,100 Comments: Major 07 over 06 Changes (in addition to economic factors): New - Admin Clerk in Ecology 50 %= $27.5K Increase of $7.1 K in non salary expenditures in Ad min - eg travel Increase of $131.5K in Eng - less capital funds and more work for development review Increase of $ 24.6K in Geoenvironmental - less capital and more work for development review Increase of $53.1K in Terrestrial & Aquatic Ecology - less capital and more work for development review Reduced expenditures of $15K in Flood Forecasting and OMWCS - reorganization of staffing Reduced Special Project expenditures /revenues but self funded Maintain same surplus as 2006 of $25K in Source Water Protection budget 127 TORONTO AND REGION CONSERVATION AUTHORITY 2007 OPERATING BUDGET - FINAL DIVISION: Ecology ACTIVITY: Community Transformation Partnerships Page 18 2006 2006 2007 BUDGET Actuals BUDGET % CHG. $ CHG. Expenditures: Energy Projects Development, Management & Communications 170,000 Mayors' Megawatt Challenge 174,100 Mayors' Green Building Challenge Greening Health Care 207,700 Home Energy Clinic PowerStream Relationship 14,700 Sustainable House Demonstration Greening Retail 162,900 Sustainable Schools 285,800 All Others 22,500 Sustainable Development Projects Sustainable Communities - General 52,200 Sustainable Communities Charette 18,200 Greening the Urban Village, CMHC 21,900 Proposal OCETA 185,400 Sustainable House Design Comp 214,000 The Municipal Tool Kit 55,600 All Others Expenditure Total 1,212,835 (159,716) 150,100 -11.7% (19,900) 113,400 -34.9% (60,700) 156,000 -24.9% (51,700) 12,500 - 12,500 - 100.0% (14,700) 62,000 - 62,000 170,900 4.9% 8,000 164,300 -42.5% (121,500) 353,100 1469.3% 330,600 47,700 - 100.0% (18,200) - 100.0% (21,900) 35,300 -81.0% (150,100) - 100.0% (214,000) - 100.0% (55,600) 75,000 - 75,000 1,585,000 1,053,119 1,340,300 -15.4% (244,700) Funding Sources: Program /User fees 2,667 - Reserves - CFGT - Living City 156,870 - CFGT - Flowthrough 22,500 33,500 48.9% 11,000 Municipal 250,100 92,014 359,600 43.8% 109,500 Provincial 222,000 133,697 52,000 -76.6% (170,000) Federal 351,200 297,661 271,000 -22.8% (80,200) Donations /Fundraising 280,700 7,776 132,000 -53.0% (148,700) Private 458,500 311,920 492,200 7.4% 33,700 Revenue Total Net Expenditures 1,585,000 1,002,604 1,340,300 -15.4% (244,700) 50,515 0 Comments: Major 07 over 06 Changes (in addition to economic factors): Staffing: Partial year of Admin. Assistant added Otherwise as above some programs out, new ones in. 128 TORONTO AND REGION CONSERVATION AUTHORITY 2007 OPERATING BUDGET - FINAL DIVISION: Restoration Services Page 19 Expenditures: Program Management Inland Fill Program Plant Propagation Planting and Special Projects Asian Long horned Beetle Internal Recoveries Archaeology Expenditure Total 2006 2006 2007 Budget Actuals Budget % Chq. $ Chq. $ $ $ 291,000 328,212 378,400 30.0% 87,400 350,000 204,026 230,000 -34.3% (120,000) 429,900 626,474 467,100 8.7% 37,200 717,900 1,189,520 740,600 3.2% 22,700 658,000 469,908 540,400 -17.9% (117,600) (429,900) (1,200,096) (513,500) 19.4% (83,600) 215,000 264,571 477,500 122.1% 262,500 2,231,900 1,882,614 2,320,500 4.0% 88,600 Funding Sources: Program /User fees 1,604,500 1,818,177 2,380,600 48.4% 776,100 Reserves (3,500) - CFGT - Living City 200,000 200,000 CFGT - Flowthrough 10,000 248,412 - 100.0% (10,000) Municipal 196,900 285,166 50,000 -74.6% (146,900) Provincial 338,900 56,233 50,000 -85.2% (288,900) Federal 511,100 485,271 490,400 -4.1% (20,700) Donations /Fund raising - Private - Internal Recoveries (705,400) (1,200,096) (750,300) 6.4% (44,900) Revenue Total 2,156,000 1,689,663 2,420,700 12.3% 264,700 Net Expenditures 75,900 192,951 (100,200) - 232.0% (176,100) Comments: Major 07 over 06 Changes (in addition to economic factors): Restoration Services Centre - first yr budget ($78.8K) for this new facility Plant Propagation - increased expend. & revenues but net expend. remains the same Forest Management - less revenues available, increased levy to maintain same prog. level as 2006 Asian Long Horned Beetle - reduced expend. /revenues Reforestation Implementation at Elder Mills Special projects: higher expend and revenues but self- funded projects Inland Fill: revenue and expenses down but net remains the same Archaeology: higher expend. and revenues, net reduced by $10K 129 TORONTO AND REGION CONSERVATION AUTHORITY 2007 OPERATING BUDGET - FINAL DIVISION: ACTIVITY: Parks and Culture Divisional Management Page 20 Expenditures: D ivisional Manag ement Parks /Culture- Fund raising Parks /Culture- Sales Parks /Culture- Customer Service FUNDING SOURCES: User fees: Reserves CFGT - Living City CFGT - Flowthroug h Other - Municipal Other - Provincial Other - Federal Other - Donations /Fundraising Other - Private NET EXPENDITURES 2006 2006 2007 BUDGET Actuals BUDGET % CHG. $ CHG. 239,100 240,877 320,000 33.8% 80,900 94,900 112,603 63,900 -32.7% (31,000) 205,000 190,612 209,300 2.1% 4,300 263,100 274,427 314,400 19.5% 51,300 802,100 818,519 907,600 13.2% 105,500 15,000 22,056 14,500 -3.3% (500) 57,600 15,300 - 100.0% (57,600) 72,600 37,356 14,500 -80.0% (58,100) 729,500 781,163 893,100 22.4% 163,600 Comments: Major 07 over 06 Changes (in addition to economic factors): Additon of one full time customer service position Transfer of 75% of Brad Clubines wages to Div. Admin. for project mangement Transfer Div. Admin. portion of Asst. Admin. Coordinator to Communications Transfer of Events & Program Coordinator position from East Zone to Fundraising and Sponsorship. 130 TORONTO AND REGION CONSERVATION AUTHORITY 2007 OPERATING BUDGET - FINAL DIVISION: ACTIVITY: Parks & Culture Division Conservation Areas Page 21 Expenditures: General Operations West Zone West Zone Administration Albion Hills Glen Hefty Indian Line Boyd Heart Lake East Zone East Zone Administration Bruce's Mill Petticoat Creek Land Management East Zone: West Zone: Major Maintenance 2006 2006 2007 Budget Actuals Budget % Chq. $ Chq. $ $ $ 100,000 112,877 100,000 157,100 137,561 132,500 648,800 650,892 665,500 185,600 158,931 189,900 454,200 417,577 462,800 229,600 239,175 233,900 253,300 275,476 279,400 153,800 135,846 72,000 388,800 412,655 407,900 359,400 387,712 373,400 136,300 96,584 122,600 158,100 147,161 176,900 25,000 24,117 25,000 Expenditure Total 3,250,000 3,196,563 3,241,800 Funding Sources: Authority Generated 3,073,700 2,860,676 3,183,100 Reserves 5,000 5,000 CFGT - Living City CFGT - Flowthrough Municipal Provincial Federal 42,688 Donations /Fundraising 902 Private 24,849 Revenue Total 3,078,700 Net Expenditures 2,929,115 3,188,100 - 15.7% (24,600) 2.6% 16,700 2.3% 4,300 1.9% 8,600 1.9% 4,300 10.3% 26,100 - 53.2% (81,800) 4.9% 19,100 3.9% 14,000 - 10.1% (13,700) 11.9% 18,800 -0.3% (8,200) 3.6% 109,400 3.6% 109,400 171,300 267,448 53,700 -68.7% (117,600) Comments: Major 07 over 06 Changes (in addition to economic factors): Revenue: Reduced Albion Hills Winter program revenue. Increased Albion Hills camping revenue to reflect trailer rental and increased business. Increased Petticoat Creek Swimming revenue to reflect fee increase of $0.50 per person. Increase Admission Fees at Albion Hills, and Boyd CA's Increase in cross country ski trail and equipment rental fees Expenses: Cancel D. Miller wage transfer to Capital Addition of expense for water testing - lab analysis 131 TORONTO AND REGION CONSERVATION AUTHORITY 2007 OPERATING BUDGET - FINAL DIVISION: Parks and Culture Page 22 ACTIVITY: Kortright Centre for Conservation 2006 2006 2007 BUDGET Actuals BUDGET %CHG. $CHG. $ $ $ Expenditures: Administration 110,100 101,152 106,600 -3.2% (3,500) Grounds 106,700 117,974 108,600 1.8% 1,900 Buildings 172,900 169,841 167,200 -3.3% (5,700) General Programs 50,100 39,956 50,300 0.4% 200 Day Use 58,900 69,282 63,500 7.8% 4,600 Public Programs 42,300 18,595 33,200 -21.5% (9,100) Education Programs 301,800 417,069 309,700 2.6% 7,900 Cafe 69,700 126,990 62,400 -10.5% (7,300) Gift Shop 90,900 92,100 1.3% 1,200 Maple Syrup Program 245,900 216,698 234,700 -4.6% (11,200) Energy Workshops 72,500 77,516 75,700 4.4% 3,200 All other Programs 47,100 46,787 48,100 2.1% 1,000 Marketing 37,300 31,608 37,300 Expenditure Total 1,406,200 1,433,468 1,389,400 -1.2% (16,800) Funding Sources: User fees by program Component: User Fees 1,214,600 1,105,454 1,233,600 Reserves CFGT - Living City 100,000 100,000 CFGT - Flowthrough 178,861 Municipal Provincial Federal 31,630 Donations /Fundraising 947 Private 15,643 1.6% 19,000 Revenue Total 1,314,600 1,332,534 1,333,600 1.4% 19,000 Net Expenditures 91,600 100,934 55,800 -39.1% (35,800) Comments: Major 07 over 06 Changes (in addition to economic factors): 132 TORONTO AND REGION CONSERVATION AUTHORITY 2007 OPERATING BUDGET - FINAL DIVISION: Parks and Culture ACTIVITY: Oak Ridges Corridor Park Page 23 GROSS EXPENDITURES: Golf Course Operations FUNDING SOURCES: User fees: Reserves CFGT - Living City CFGT - Flowthrough Other - Municipal Other - Provincial Other - Federal Other - Donations /Fundraising Other - Private NET EXPENDITURES 2006 2006 2007 BUDGET Actuals BUDGET %CHG. $CHG. 1,126,000 1,034,804 1,089,900 -3.2% (36,100) 1,126,000 1,034,804 1,089,900 -3.2% (36,100) 1,251,000 1,140,380 1,211,000 -0.0319744 (40,000) 9,402 1,251,000 1,149,782 1,211,000 -3.2% (40,000) (125,000) (114,978) (121,100) -3.1% 3,900 Comments: Major 07 over 06 Changes (in addition to economic factors): Remove one time expenses budgeted for the first year of TRCA assuming management of the Golf Course. 133 TORONTO AND REGION CONSERVATION AUTHORITY 2007 OPERATING BUDGET - FINAL DIVISION: ACTIVITY: Parks and Culture Black Creek Pioneer Village Page 24 2006 2006 2007 Budget Actuals Budget % Chq. $ Chq. $ $ Expenditures: Program Management 229,100 260,623 240,300 4.9% 11,200 Curatorial 311,900 360,957 337,100 8.1% 25,200 Photography 2,995 - Interpretative Programming 1,366,700 1,337,627 1,410,100 3.2% 43,400 Special Events 34,700 57,589 78,000 124.8% 43,300 Heritage Education 268,300 244,474 256,100 -4.5% (12,200) Building Maintenance 1,120,400 1,005,637 1,134,100 1.2% 13,700 Admissions 151,700 147,368 158,000 4.2% 6,300 Giftshop 391,700 357,113 409,300 4.5% 17,600 Marketing and Sponsorships 353,500 286,807 334,800 -5.3% (18,700) Expenditure Total 4,228,000 4,061,190 4,357,800 3.1% 129,800 Funding Sources: Program /User fees 1,965,500 1,838,945 2,133,500 8.5% 168,000 Reserves - CFGT - Living City - CFGT - Flowthrough 50,000 31,455 10,000 -80.0% (40,000) Municipal Provincial 197,000 198,288 197,000 Federal 2,673 Donations /Fundraising 6,000 39,953 5,100 -15.0% (900) Private 7,627 22,000 - 22,000 Revenue Total Net Expenditures 2,218,500 2,118,941 2,367,600 6.7% 149,100 2,009,500 1,942,249 1,990,200 -1.0% (19,300) Comments: Major 07 over 06 Changes (in addition to economic factors): Revenue: Admission fee increased. Sponsorship target via CFGT reduced to more realistic level. Marketing: more transferred to Parks & Culture Divisional Administration Building Maint: utilities & maint. costs up Special Events: Metis Festival more accurately budgeted. 06 Actuals: Below target attendance /revenue offset by various constraints including Major Maintenance. 134 TORONTO AND REGION CONSERVATION AUTHORITY 2007 OPERATING BUDGET - FINAL DIVISION: ACTIVITY: Parks and Culture Food Services Page 25 2006 2006 2007 Budget Actuals Budget % Chq. $ Chq. $ $ $ Expenditures: Weddings: Sales Costs & Revenue 419,600 344,434 409,300 -2.5% (10,300) Corporate Events: Sales Costs/ Revenue 453,100 501,923 510,700 12.7% 57,600 Banquet Costs & Internal Functions 86,600 83,558 89,300 3.1% 2,700 Visitor Services 181,200 159,803 173,400 -4.3% (7,800) Equipment 21,872 - Adjust for Internal charges Expenditure Total Funding Sources: Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Municipal Provincial Federal Donations /Fundraising Private Adjust for Internal Revenue Total Net Expenditures (100,140) (55,000) - (55,000) 1,140,500 1,011,451 1,127,700 -1.1% (12,800) 1,237,400 1,120,584 1,303,100 (27,748) 11,668 5.3% 65,700 (55,000) - (55,000) 1,237,400 1,104,504 1,248,100 0.9% 10,700 (96,900) (93,053) (120,400) 24.3% (23,500) Comments: Major 07 over 06 Changes (in addition to economic factors): Higher Wedding / Corporate Events activity projected. For 06 actual: lower Internal function usage - no recovery from Tennis Canada loss lower weddings revenue than projected. Some pick -up for Fall 06 general attendance has affected HWH revenues - $10,000 was added to HWH budget which was not achieveable 135 TORONTO AND REGION CONSERVATION AUTHORITY 2007 OPERATING BUDGET - FINAL DIVISION: Office of the CAO ACTIVITY: CAO Programs Page 26 2006 2006 2007 Budget Actuals Budget % Chq. $ Chq. $ $ $ Expenditures: Corporate Management 418,000 419,870 438,700 5.0% 20,700 Corporate Secretariat 320,600 342,699 351,400 9.6% 30,800 Human Resources 475,700 478,919 539,400 13.4% 63,700 Communications 982,300 956,830 989,100 0.7% 6,800 Professional Access 94,172 246,100 - 246,100 Expenditure Total 2,196,600 2,292,490 2,564,700 16.8% 368,100 Funding Sources: Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Municipal Provincial Federal Donations /Fundraising Private Revenue Total Net Expenditures 5,247 - 45,000 10,000 -77.8% (35,000) 15,000 16,188 83,000 453.3% 68,000 5,000 4,679 - 100.0% (5,000) 123,030 246,100 - 246,100 100 - 7,400 - 100.0% (7,400) 72,400 149,244 339,100 368.4% 266,700 2,124,200 2,143,246 2,225,600 4.8% 101,400 Comments: Major 07 over 06 Changes (in addition to economic factors): Human Resources: Volunteer Network Program annualized, staff development increased by $20,000 MCI Certification: new Provincially- funded program that provides Canadian experience to new Canadians with prefessional degrees 136 SECTION 3 2007 CAPITAL BUDGET 137 Page 28 Toronto and Region Conservation Authority CAPITAL SUMMARY 2007 BUDGET Page 2006 2006 2007 06 / 05 07 / 06 # BUDGET Actuals BUDGET % Chq. $ Chq. $ $ $ Gross Expenditures: MONITORING AND REPORTING Page 31 878,100 881,754 992,200 13.0% 114,100 WATERSHED PLANNING Peel Water Management York Water Management Durham Water Management Water Cost Centres Costs covered by Water management Programs Floodplain Mapping York /Peel /Durham/Toronto Groundwater Terrestrial Natural Heritage Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 862,800 494,591 611,000 -29.2% (251,800) 942,900 625,905 725,400 -23.1% (217,500) 308,600 197,484 307,600 -0.3% (1,000) 2,081,500 1,697,041 2,259,600 8.6% 178,100 (1,883,500) (1,344,377) (1,838,900) -2.4% 44,600 497,000 249,667 438,500 -11.8% (58,500) 716,600 577,164 552,300 -22.9% (164,300) 339,700 328,579 330,000 -2.9% (9,700) REGENERATION Toronto Remedial Action Plan Project Page 39 2,419,900 1,749,530 2,243,300 -7.3% (176,600) (RAP activity also shown under other projects) (561,200) (578,669) (626,000) 11.5% (64,800) Peel Natural Heritage Project Page 40 1,167,300 987,552 1,261,000 8.0% 93,700 York Natural Heritage Project Page 41 535,600 692,505 580,300 8.3% 44,700 Durham Natural Heritage Project Page 42 148,900 120,260 159,700 7.3% 10,800 Regeneration Cost Centres Page 42b 449,500 449,500 Regeneration Cost Centres covered from other budgets (446,700) (446,700) Valley and Shoreline Regeneration Projects Page 43 2,875,100 2,211,678 4,439,800 54.4% 1,564,700 Other Erosion Control Projects Page 44 26,000 34,964 181,300 597.3% 155,300 City of Toronto Waterfront Project Page 45 1,856,300 1,360,720 1,846,800 -0.5% (9,500) Region Of Durham Waterfront Project Page 46 354,700 293,524 410,000 15.6% 55,300 Waterfront Revitilization Corporation Projects Page 47 22,475,100 16,523,282 10,545,600 -53.1% (11,929,500) Humber Bay Shores Waterfront Park Page 48 553,200 5,408,357 3,000,000 442.3% 2,446,800 SUSTAINABLE COMMUNITIES Stewardship Page49 571,200 532,631 742,700 30.0% 171,500 Education Page50 153,500 186,511 231,000 50.5% 77,500 PEEL CLIMATE CHANGE MITIGATION PROJECT Page 51 2,500,000 - 2,500,000 138 Page 29 Toronto and Region Conservation Authority CAPITAL SUMMARY 2007 BUDGET Page 2006 2006 2007 # BUDGET Actuals BUDGET % Chq. $ Chq. FLOOD PROTECTION Lower Don Page 52 14,522,500 9,834,803 8,186,100 -43.6% (6,336,400) Other Flood Control Projects Page 53 509,000 253,686 1,028,900 102.1% 519,900 INFRASTRUCTURE Public Use Infrastructure Page 54 424,600 385,089 415,300 -2.2% (9,300) Other Facilities Retrofits Page 55 1,600,700 489,206 1,817,500 13.5% 216,800 Drinking Water System Upgrades Page 56 242,900 442,862 - 100.0% (242,900) Living City Centre Design and Build Page 57 679,400 141,738 500,000 -26.4% (179,400) Nursery Relocation Project Page 58 2,818,200 2,136,480 814,500 -71.1% (2,003,700) Kettle Lakes Nature Reserve Page 59 1,200,000 1,083,143 390,600 -67.5% (809,400) BCPV Retrofit and Attraction Development Page 60 421,300 214,627 563,500 33.8% 142,200 Information Technology Project Page 61 400,000 255,022 500,000 25.0% 100,000 Administrative Office Page 62 690,000 463,923 700,000 1.4% 10,000 REGIONAL OPEN SPACE Waterfront Open Space Page 63 500,000 64,677 530,000 6.0% 30,000 Acquisition - Greenspace Strategy Page 63 5,100,000 5,460,733 4,720,000 -7.5% (380,000) Expenditure total 66,427,900 54,456,642 52,062,400 -21.6% (14,365,500) Funding Sources: Program /User fees 1,200 40,482 Reserves 1,518,200 1,367,270 100,000 -93.4% (1,418,200) CFGT - Living City CFGT - Flowthrough 101,900 1,730,259 203,100 99.3% 101,200 Other - Municipal 4,211,100 6,933,479 7,177,100 70.4% 2,966,000 Other - Provincial 565,000 3,307,408 2,527,500 347.3% 1,962,500 Other - Federal 431,000 607,679 379,300 -12.0% (51,700) Other - Donations /Fundraising 2,100,000 504,938 500,000 -76.2% (1,600,000) Other - Private 39,040,000 28,374,980 19,701,400 -49.5% (19,338,600) Lease Revenue 126,300 - 100.0% (126,300) Land Sale Proceeds 600,000 341,118 450,000 -25.0% (150,000) Transfers between Projects (561,200) (578,669) - 100.0% 561,200 Revenue total 48,133,500 42,628,944 31,038,400 -35.5% (17,095,100) Net Expenditures 18,294,400 11,827,698 21,024,000 14.9% 2,729,600 Provincial Transfer Payments Municipal Levy (Surplus) / Deficit 17,044,400 11,161,771 20,209,500 18.6% 3,165,100 1,250,000 665,927 814,500 139 PROJECT TORONTO AND REGION CONSERVATION AUTHORITY APPORTIONMENT OF 2007 CAPITAL AND PROJECT LEVIES ADJALA- TOTAL TOSO- LEVY RONTIO DURHAM TORONTO MONO PEEL YORK INVOICED LEVIES TOTAL ON LEVY HAND BUDGET Page 30 OTHER TOTAL FUNDING COST GREENSPACE LAND ACQ. 8 3,083 66,572 8 11,333 18,996 100,000 100,000 WATERFRONT REGENERATION PROJECTS 182,700 1,450,500 1,633,200 T.W.R.C. PROJECTS 241,400 1,874,600 HUMBER BAY PARK VALLEY AND SHORELINE REGENERATION 10,000 1,448, 400 100,000 76,500 1,634,900 1,280,800 2,915,700 PEEL CLIMATE CHANGE MITIGATION 2,500,000 2,500,000 2,500,000 REMEDIAL ACTION PLANS 148,500 1,666,000 1,000,000 442,600 3,257,100 697,200 3,954,300 RAP applied to related Projects (626,000) (626,000) (626,000) WATER MANAGEMENT PROJECTS 166,000 316,000 413,500 895,500 EDUCATION 45,000 374,000 419,000 FLOOD WARNING / WORKS 40,000 121,000 71,000 100,000 332,000 723,600 1,619,100 12,800 431,800 481,100 813,100 FLOODPLAIN MAPPING 25,000 50,000 50,000 50,000 175,000 229,900 404,900 REGIONAL MONITORING 60,000 265,000 265,000 265,000 855,000 107,900 962,900 GROUNDWATER STRATEGIES 100,000 100,000 100,000 100,000 400,000 152,300 552,300 TERRESTRIAL NATURAL HERITAGE 50,000 90,000 100,000 70,500 310,500 310,500 PUBLIC USE INFRASTRUCTURE 25 9,248 199,717 25 33,999 56,986 300,000 15,300 315,300 LIVING CITY CENTRE 25 9,514 205,458 26 34,977 250,000 500,000 500,000 OTHER PUBLIC USE RETRO. 706,000 706,000 1,111,500 1,817,500 DRINKING WATER UPGRADES INFO. TECHNOLOGY ACQ. 33 12,331 266,289 33 45,333 75,981 400,000 100,000 500,000 MAJOR FACILITIES RETROFIT BCPV DEVELOPMENT & RETROFIT 2007 TOTAL 2006 COMPARATIVES 41 15,413 332,861 42 56,666 94,977 500,000 200,000 700,000 350,000 350,000 213,500 563,500 132 876,789 5,985,797 134 5,764,308 2,015,040 14,642,200 5,567,300 20,209,500 93 853,121 5,990,506 101 3,125, 956 1, 750, 523 11,720,300 5, 324,100 17,044,400 5,150,000 5,250,000 382 200 2,256,800 18,731,700 18,731,700 3,000,000 3,000,000 1,705,400 4,621,100 2,500,000 292,800 4,247,100 (626,000) 445,600 2,064,700 541,900 973,700 215,800 1,028,900 33,600 438,500 29,300 992,200 552,300 19,500 330,000 100,000 415,300 500,000 390,600 3,022,600 500,000 700,000 563,500 31,038,400 52,062,400 48,133,500 66,427,900 140 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: ACTIVITY: Watershed Management Regional Monitoring Program Page 31 2006 2006 2007 BUDGET Actuals BUDGET %CHG. $CHG. $ $ $ GROSS EXPENDITURES: Project Management 137,800 881,754 138,500 0.5% 700 Aquatic 331,900 366,300 10.4% 34,400 Terrestrial 76,400 83,100 8.8% 6,700 Water Quality 92,200 141,900 53.9% 49,700 Flow & Precipitation 125,900 153,000 21.5% 27,100 GIS & Database 14,000 14,000 Groundwater 41,600 39,600 -4.8% (2,000) West Nile Virus Monitoring 56,700 55,800 -1.6% (900) Response Indicators 1,600 - 100.0% (1,600) FUNDING SOURCES: Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Other - Municipal Other - Provincial Other - Federal Other - Donations /Fundraising Other - Private Recoveries Internal Billings NET EXPENDITURES 878,100 881,754 992,200 13.0% 114,100 248,000 298,460 47,200 78,041 26,900 45,748 9,000 11,950 27,000 2,500 -99.0% (245,500) 19,900 -57.8% (27,300) 6,900 -74.3% (20,000) 358,100 434,199 - 100.0% (9,000) - 100.0% (27,000) 29,300 -91.8% (328,800) 520,000 447,555 962,900 85.2% 442,900 NOTES: 2007 BUDGET More capital funds and less other sources of funds 141 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: ACTIVITY: Watershed Management Peel Water Management Page 32 GROSS EXPENDITURES: Planning & Integration Water Budgets Surface Flow Modelling Groundwater Water Quality Surface Water Quality Aquatic Resource Study Terrestrial natural Heritage Study Other Component Studies Human Heritage Air Quality Climate Change Sustainable Communities Floodwarning, Dams Retrofit Generic Template re: source protection Regulation Line mapping Update Internal contributions FUNDING SOURCES: Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Other - Municipal Other - Provincial Other - Federal Other - Donations /Fundraising Other - Private NET EXPENDITURES 2006 2006 2007 BUDGET Actuals BUDGET % CHG. $ CHG. $ $ $ 207,000 22,100 34,200 17,400 81,100 83,900 32,500 159,400 25,800 2,900 5,500 74,500 494,591 281,200 35.8% 74,200 5,900 28,400 -17.0% (5,800) 1,500 -91.4% (15,900) 41,600 30,700 -63.4% (53,200) 25,000 -23.1% (7,500) 71,100 -55.4% (88,300) 6,800 -73.6% (19,000) 2,700 -6.9% (200) 4,900 -10.9% (600) 31,100 -58.3% (43,400) 23,000 - 100.0% (23,000) 93,500 91,200 -2.5% (2,300) (11,100) - (11,100) 862,800 494,591 611,000 -29.2% (251,800) 3,100 - 3,100 3,100 - 3,100 862,800 494,591 607,900 -29.5% (254,900) NOTES: 2007 BUDGET Less capital funds as project is in latter phase 142 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: ACTIVITY: Watershed Management York Water Management Page 33 GROSS EXPENDITURES: Planning & Integration Water Budgets Surface Flow Modelling Groundwater Water Quality Surface Water Quality Aquatic Resource Study Terrestrial natural Heritage Study Flood Forecasting & Warning Human Heritage Air Quality Climate Change Sustainable Communities FUNDING SOURCES: Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Other - Municipal Other - Provincial Other - Federal Other - Donations /Fundraising Other - Private NET EXPENDITURES 2006 2006 2007 BUDGET Actuals BUDGET % CHG. $ CHG. $ $ $ 409,200 22,100 164,400 31,000 155,700 75,000 15,500 50,000 20,000 625,905 374,300 -8.5% (34,900) 23,100 4.5% 1,000 131,700 -19.9% (32,700) 4,000 -87.1% (27,000) 92,200 -40.8% (63,500) 40,000 -46.7% (35,000) - 100.0% (15,500) 25,000 -50.0% (25,000) 35,100 75.5% 15,100 942,900 625,905 725,400 -23.1% (217,500) 942,900 625,905 725,400 -23.1% (217,500) NOTES: 2007 BUDGET Less capital funds as project is in latter phase 143 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: ACTIVITY: Watershed Management Durham Water Management Page 34 2006 2006 2007 BUDGET Actuals BUDGET % CHG. $ CHG. $ GROSS EXPENDITURES: $ $ Planning & Integration 84,900 197,484 75,800 -10.7% (9,100) Water Budgets Surface Flow Modelling 50,000 63,400 26.8% 13,400 Groundwater Water Quality 27,400 15,200 -44.5% (12,200) Surface Water Quality 28,700 15,400 -46.3% (13,300) Aquatic Resource Study 1,400 21,800 1457.1% 20,400 Terrestrial natural Heritage Study Other Component Studies 56,000 56,000 Human Heritage - Air Quality - Climate Change - Sustainable Communities - Flood Warning Systems & Flood Control Capital Regulation Line Mapping Update 60,200 60,000 -0.3% (200) FUNDING SOURCES: Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Other - Municipal Other - Provincial Other - Federal Other - Donations /Fundraising Other - Private TBD 1 NET EXPENDITURES 308,600 197,484 307,600 -0.3% (1,000) 15,000 21,800 - 21,800 15,000 21,800 - 21,800 308,600 182,484 285,800 -7.4% (22,800) NOTES: 2007 BUDGET Maintained 2006 level of capital funding 144 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: ACTIVITY: Watershed Management Water Cost Centres Page 35 GROSS EXPENDITURES: Planning & Integration Water Budgets Surface Flow Modelling Groundwater Water Quality Surface Water Quality Aquatic Resource Study Terrestrial natural Heritage Study Other Component Studies Human Heritage Air Quality Climate Change Sustainable Communities Costs covered by Water management Programs FUNDING SOURCES: Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Other - Municipal Other - Provincial Other - Federal Other - Donations /Fundraising Other - Private 2006 2006 2007 BUDGET Actuals BUDGET % CHG. $ CHG. $ $ $ 777,400 1,697,041 864,800 11.2% 87,400 120,400 188,300 56.4% 67,900 175,000 116,800 -33.3% (58,200) 51,300 123,100 140.0% 71,800 325,000 193,500 -40.5% (131,500) 178,900 272,100 52.1% 93,200 50,500 36,100 -28.5% (14,400) 79,600 11,700 -85.3% (67,900) 100,500 58,400 -41.9% (42,100) 5,000 2,700 -46.0% (2,300) 11,500 17,500 52.2% 6,000 206,400 374,600 81.5% 168,200 (1,883,500) (1,344,377) (1,838,900) -2.4% 44,600 198,000 352,664 420,700 112.5% 222,700 145 12,500 31,386 - 100.0% (12,500) 71,300 - 100.0% (71,300) 41,300 50,328 136,050 229.4% 94,750 67,400 238,348 222,450 230.0% 155,050 5,500 32,459 62,200 1030.9% 56,700 198,000 352,666 420,700 112.5% 222,700 NET EXPENDITURES (2) NOTES: 2007 BUDGET 145 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: Watershed Management Page 36 ACTIVITY: Terrestrial Natural Heritage GROSS EXPENDITURES: Project Terrestrial Natural Heritage Pickering Terrestrial Natural Heritage Sp:Research Aqua/Terr. Study FUNDING SOURCES: Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Other - Municipal Other - Provincial Other - Federal Other - Donations /Fundraising Other - Private Internal NET EXPENDITURES 2006 2006 2007 BUDGET Actuals BUDGET % CHG. $ $ 339,700 328,579 318,000 -6.4% 12,000 339,700 328,579 330,000 -2.9% 107,600 19,400 19,400 5,000 20,300 92,800 29,662 15,625 3,750 3,750 - 100.0% - 80.7% - 80.7% 12,000 140.0% 171,700 138,087 - 100.0% 19,500 -88.6% 168,000 190,492 310,500 84.8% NOTES: 2007 BUDGET Less internal projects projected 146 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: ACTIVITY: Watershed Management York/Peel /Durham /Toronto Groundwater Page 37 2006 2006 2007 BUDGET Actuals BUDGET % CHG. $ CHG. $ $ $ GROSS EXPENDITURES: Groundwater Studies 716,600 577,164 552,300 -22.9% (164,300) FUNDING SOURCES: Program /User fees Reserves CFGT - Living City CFGT - Flowthroug h Other - Municipal Other - Provincial Other - Federal Other - Donations /Fundraising Other - Private NET EXPENDITURES 716,600 577,164 552,300 -22.9% (164,300) 125,000 94,234 - 100.0% (125,000) 125,000 94,234 - 100.0% (125,000) 591,600 482,930 552,300 -6.6% (39,300) NOTES: 2007 BUDGET Less capital funds than 2006 147 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: Watershed Management ACTIVITY: Floodplain Mapping Page 38 2006 2006 2007 BUDGET Actuals BUDGET % CHG. $ CHG. $ $ $ GROSS EXPENDITURES: Project Management 249,667 Humber River Flood Plain Mapping 44,000 15,800 -64.1% (28,200) Etobicoke - Mimico Flood Plain Mapping 62,400 59,300 -5.0% (3,100) Don River Flood Plain Mapping 77,100 16,100 -79.1% (61,000) Duffins Creek Flood Plain Mapping 30,000 22,200 -26.0% (7,800) Rouge River Flood Plain Mapping 81,500 - 100.0% (81,500) Etobicoke Creek Hydrology 27,500 - 100.0% (27,500) Carruthers Water Budget 20,000 - 100.0% (20,000) Mimico Creek Hydrology 33,500 27,600 -17.6% (5,900) Highland Creek Flood Plain Mapping 36,700 700 -98.1% (36,000) Petticoat Creek Flood Plain Mapping Mimico: Hydraulics /Floodline Update 43,300 29,400 -32.1% (13,900) Frenchman: Hydraulics /Floodline Frenchmans B: Hydrology Update 13,400 12,200 -9.0% (1,200) Carruthers Flood Plain Mapping Update 27,600 21,400 -22.5% (6,200) Flood Plain Mapping Products 233,800 233,800 FUNDING SOURCES: Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Other - Municipal Other - Provincial Other - Federal Other - Donations /Fundraising Other - Private Internal NET EXPENDITURES 497,000 249,667 438,500 -11.8% (58,500) 8,410 65,000 119,438 33,600 -48.3% (31,400) 65,000 127,848 33,600 -48.3% (31,400) 432,000 121,820 404,900 -6.3% (27,100) NOTES: 2007 BUDGET Less 2007 capital funds Delays in 2006 deliverables w ill be completed in early 2007 148 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: ACTIVITY: Watershed Management Toronto Remedial Action Plan Project Page 39 GROSS EXPENDITURES: Regeneration: Humber Etobicoke - Mimico Creek Highland Creek Don Rouge Waterfront Greenroofs BioRegional Seed Crops Regional Monitoring Multi- Watershed: Various Multi: Terrestrial Natural Heritage Multi: Education Multi: Stewardship Water Management: Floodmap, Groundwater Water Management- all other Amounts combined under other projects (Monitoring /Floodmapping etc. Different presentation in 2007) 2006 2006 2007 BUDGET Actuals BUDGET %CHG. $CHG. $ $ $ 243,200 125,000 47,700 97,000 6,000 108,000 56,800 8,000 230,000 144,000 78,800 61,300 101,000 973,342 140,500 -42.2% 100,700 -19.4% 43,200 -9.4% 99,300 2.4% -100.0% 156,400 44.8% -100.0% 10,000 25.0% -100.0% 59,100 -59.0% -100.0% 87,800 43.2% 122,200 21.0% (102,700) (24,300) (4,500) 2,300 (6,000) 48,400 (56,800) 2,000 (230,000) (84,900) (78,800) 26,500 21,200 252,400 - 100.0% (252,400) 860,700 776,188 798,100 -7.3% (62,600) (561,200) (578,669) 1,858,700 1,170,861 -100.0% 561,200 1,617,300 -13.0% (241,400) FUNDING SOURCES: Program /User fees 905 - Reserves - CFGT - Living City - CFGT - Flowthrough 12,500 16,966 22,800 82.4% 10,300 Other - Municipal 238,000 56,739 65,700 -72.4% (172,300) Other - Provincial 14,700 10,649 6,600 -55.1% (8,100) Other - Federal 33,500 42,833 10,300 -69.3% (23,200) Other - Donations /Fundraising 100 Other - Private 2,000 13,934 - 100.0% (2,000) Interanl recoveries from other projects (561,200) - 100.0% 561,200 (260,500) 142,127 105,400 - 140.5% 365,900 NET EXPENDITURES 2,119,200 1,028,733 1,511,900 -28.7% (607,300) NOTES: 2007 BUDGET Less funding for regeneration projects 149 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: ACTIVITY: Watershed Management Peel Natural Heritage Project Page 40 2006 2006 2007 BUDGET Actuals BUDGET % CHG. $ CHG. $ $ $ GROSS EXPENDITURES: Regeneration: Humber 557,300 1,037,559 426,500 -23.5% (130,800) Etobicoke Creek 322,000 468,000 45.3% 146,000 Mimico Creek 150,000 153,900 2.6% 3,900 BioRegional Seed Crops 20,000 18,000 -10.0% (2,000) Multi- Watershed 98,000 177,100 80.7% 79,100 Education Stewardship 20,000 17,500 -12.5% (2,500) Less reoveries fronm Other programs (50,007) - FUNDING SOURCES: Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Other - Municipal Other - Provincial Other - Federal Other - Donations /Fundraising Other - Private NET EXPENDITURES 1,167,300 987,552 25,000 3,000 60,000 65,600 871 68,118 2,000 45,517 5,306 40,386 8.0% 93,700 2,400 -90.4% (22,600) - 100.0% (3,000) 27,100 -54.8% (32,900) 43,000 -34.5% (22,600) 153,600 162,197 72,500 -52.8% (81,100) 1,013,700 825,355 17.2% 174,800 NOTES: 2007 BUDGET Enhanced funding permits more restoration work in Peel portion of watersheds. 150 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: ACTIVITY: Watershed Management York Natural Heritage Project Page 41 2006 2006 2007 BUDGET Actuals BUDGET % CHG. $ CHG. $ $ $ GROSS EXPENDITURES: Regeneration: Humber 129,900 718,557 197,000 51.7% 67,100 Rouge 75,200 65,100 -13.4% (10,100) Don River 136,300 84,700 -37.9% (51,600) BioRegional Seed Crops 20,600 23,000 11 .7% 2,400 Multi- Watershed 73,200 88,300 20.6% 15,100 Education 53,400 86,100 61.2% 32,700 Stewardship 15,000 5,000 -66.7% (10,000) Less: Recoveries from Other Projects (26,052) - 535,600 692,505 580,300 8.3% 44,700 FUNDING SOURCES: Program /User fees 1,200 1,175 - 100.0% (1,200) Reserves CFGT - Living City CFGT - Flowthrough 12,800 45,117 39,400 207.8% 26,600 Other - Municipal 51,000 176,858 - 100.0% (51,000) Other - Provincial 2,000 2,000 600 -70.0% (1,400) Other - Federal 23,700 37,128 14,200 -40.1% (9,500) Other - Donations /Fundraising Other - Private 65,000 119,576 57,900 -10.9% (7,100) NET EXPENDITURES 155,700 381,854 112,100 -28.0% (43,600) 379,900 310,651 468,200 23.2% 88,300 NOTES: 2007 BUDGET Small increase in regeneration project funding 151 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: ACTIVITY: Watershed Management Durham Natural Heritage Project Page 42 2006 2006 2007 BUDGET Actuals BUDGET % CHG. $ CHG. $ $ $ GROSS EXPENDITURES: Regeneration: Duffins: Fish Plan Implementation 38,000 36,660 38,300 0.8% 300 TNH Implementation 69,000 41,700 51,900 -24.8% (17,100) Watershed Trail Planning Watershed Trail Implementatic 41,900 41,900 50,000 19.3% 8,100 Durham - Managing Hazard Trees 19,500 19,500 FUNDING SOURCES: Prog ram/User fees Reserves CFGT - Living City CFGT - Flowthroug h Other - Municipal Other - Provincial Other - Federal Other - Donations /Fund raising Other - Private NET EXPENDITURES 148,900 120,260 159,700 7.3% 10,800 148,900 120,260 159,700 7.3% 10,800 NOTES: 2007 BUDGET Some work carrried forward into 2007 New project - Managing Hazard Trees 152 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: Watershed Management Page 42b ACTIVITY: Regeneration Cost Centres 2006 2006 2007 BUDGET Actuals BUDGET % CHG. $ CHG. $ $ $ GROSS EXPENDITURES: Regeneration: Goose Management Don River Watershed HIP Etobicoke Mimico HIP Etob Mimico Riparian Zone Restoration Strategy Etobicoke Mimico Community Environmental Projects Humber River HIP Indian Line Campground Claireville Reservoir Naturalization Covered by other Capital projects 62,800 109,300 40,000 25,000 40,000 104,100 68,300 62,800 109,300 40,000 25,000 40,000 (446,700) - (446,700) 2,800 - 2,800 FUNDING SOURCES: Program /User fees - Reserves - CFGT - Living City - CFGT - Flowthrough - Other - Municipal - Other - Provincial - Other - Federal 2800 - 2,800 Other - Donations /Fundraising - Other - Private - NET EXPENDITURES 2,800 - 2,800 NOTES: 2007 BUDGET New category for 2007 to facilitate project tracking 153 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: ACTIVITY: Watershed Management Valley and Shoreline Regeneration Projects Page 43 2006 2006 2007 BUDGET Actuals BUDGET %CHG. $ CHG. $ $ $ GROSS EXPENDITURES: Project Planning & Design 166,700 242,800 45.7% 76,100 Guild Inn 100,000 - 100.0% (100,000) Guildwood Parkway 321,900 445,900 38.5% 124,000 Fishleigh Drive 25,000 - 100.0% (25,000) SpringbankAve. 8,100 6,600 -18.5% (1,500) 345 Riverview 5,000 - 5,000 Wicksteed Ave. 650,800 480,100 -26.2% (170,700) Meadowcliffe Drive 70,000 50,000 -28.6% (20,000) Highland Creek Weirs 251,100 19,600 -92.2% (231,500) Monitoring & Maintenance: WF 320,000 330,000 3.1% 10,000 Toronto Parks Sites 265,000 230,000 -13.2% (35,000) Toronto Islands - Gilbraltor Point 150,000 50,000 -66.7% (100,000) 16 -18 Hardwood Gate - Military Trail 5,000 - 5,000 Charles Sauriol - CN Rail 175,000 - 175,000 Birkdale Ravine 105,000 9,200 -91.2% (95,800) 30 -48 Royal Rouge Trail 25,000 - 100.0% (25,000) Manitoba Road 70,000 5,000 -92.9% (65,000) Access Rd & Sheppard Ave - Parkview Hill - Other - Colonel Danforth 121 -129 105,500 418,400 296.6% 312,900 345 Beechgrove 125,000 245,700 96.6% 120,700 221 Martingrove Rd 116,000 166,600 43.6% 50,600 Don Mills York Mills Channel Repairs 52,500 - 52,500 1900 Bayview Ave Slope Stabilization 83,500 - 83,500 Westleigh Cres. Gabion Replacement 18,900 - 18,900 Bluffers Park SW Hardpoint Repair - Marie Curtis Park Gabion Repair - 51 Colonel Danforth Trail Gabion Replacement - EdwardsGardensStreamRestoration 1,400,000 - 1,400,000 FUNDING SOURCES: Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Other - Municipal Other - Provincial Other - Federal Other - Donations /Fundraising Other - Private NET EXPENDITURES 2,875,100 2,211,678 4,439,800 54.4% 1,564,700 8,100 73,162 1,490,100 18296.3% 1,482,000 131,226 90,300 - 90,300 395,581 125,000 - 125,000 8,100 599,969 1,705,400 20954.3% 1,697,300 2,867,000 1,611,709 2,734,400 -4.6% (132,600) NOTES: 2007 BUDGET Some s tes caried forward into 2007 Additional funding from City of Toronto for Storm Damage Projects 154 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: ACTIVITY: Watershed Management Other Erosion Control Projects Page 44 GROSS EXPENDITURES: York Region Erosion Monitoring & Maintenance Peel Region Erosion Monitoring & Maintenance FUNDING SOURCES: Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Other - Municipal Other - Provicial Other - Federal Other - Donations /Fundraising Other - Private NET EXPENDITURES 2006 2006 2007 BUDGET Actuals BUDGET % CHG. $ CHG. $ $ $ 10,000 16,000 13,642 76,600 21,322 94,700 666.0% 66,600 491.9% 78,700 10,000 - 10,000 26,000 34,964 181,300 597.3% 155,300 3,584 3,584 26,000 31,380 181,300 597.3% 155,300 NOTES: 2007 BUDGET New funding from Regions. 155 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: ACTIVITY: Watershed Management City of Toronto Waterfront Project Page 45 2006 2006 2007 BUDGET Actuals BUDGET % CHG. $ CHG. $ $ $ GROSS EXPENDITURES: Project Planning & Design 174,900 202,061 133,600 -23.6% (41,300) Humber Bay Shores Shoreline 348,300 12,512 Improvements - 100.0% (348,300) Watershed Strategies 13,100 114,000 770.2% 100,900 Ashbridge's Bay 225,000 243,199 370,000 64.4% 145,000 Environmental Monitoring 190,000 229,754 200,000 5.3% 10,000 Tommy Thompson - Int. Mgt. 145,000 175,557 145,000 TTP - Cell 1 Capping 45,000 46,935 150,000 233.3% 105,000 TTP - Park Development Keating Channel Dredging 320,000 325,217 320,000 East Point Park 80,000 1,976 - 100.0% (80,000) Waterfront G.I.S. 25,000 25,000 25,000 Arsenal Lands Park Development 290,000 73,946 342,200 18.0% 52,200 Humber Bay Shores Habitat 30,000 Enhancements - 30,000 Other 24,562 - Colonel Sam Smith Park 17,000 - 17,000 1,856,300 1,360,720 1,846,800 -0.5% (9,500) FUNDING SOURCES: Program /User fees 14,749 - Reserves - CFGT - Living City - CFGT - Flowthrough - Other - Municipal 57,100 69,820 30,000 -47.5% (27,100) Other - Provincial 12,383 - Other - Federal 46,901 - Other - Donations /Fundraising - Other - Private 495,000 40,403 186,100 -62.4% (308,900) NET EXPENDITURES 552,100 184,255 216,100 -60.9% (336,000) 1,304,200 1,176,465 1,630,700 25.0% 326,500 NOTES: 2007 BUDGET Some sites carried forward into 2007. 156 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: ACTIVITY: Watershed Management Region Of Durham Waterfront Project Page 46 2006 2006 2007 BUDGET Actuals BUDGET % CHG. $ CHG. GROSS EXPENDITURES: Frenchman's Bay 189,400 178,387 248,000 30.9% 58,600 Durham /Ajax Waterfront 81,800 81,516 34,800 -57.5% (47,000) Durham Waterfront Monitoring 15,000 15,000 15,000 Pickering Waterfront Shoreline 68,500 18,621 112,200 Improvements 63.8% 43,700 354,700 293,524 410,000 15.6% 55,300 FUNDING SOURCES: Program /User fees 2,613 - Reserves - CFGT - Living City - CFGT - Flowthrough 55,200 31,782 70,800 28.3% 15,600 Other - Municipal 15,000 15,000 15,000 Other - Provincial 12,069 14,600 - 14,600 Other - Federal 23,323 - Other - Donations /Fundraising 500 - Other - Private 95,500 77,301 65,700 31.2% (29,800) NET EXPENDITURES 165,700 162,588 166,100 0.2% 400 189,000 130,936 243,900 29.0% 54,900 NOTES: 2007 BUDGET Frenchman's Bay work expanded. 157 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: ACTIVITY: Watershed Manageme Waterfront Revitilization Corporation Projects Page 47 2006 2006 2007 BUDGET Actuals BUDGET % CHG. $ CHG. $ $ $ GROSS EXPENDITURES: Port Union Waterfront Improvement Project 4,171,500 2,919,841 4,406,300 5.6% 234,800 Mimico Waterfront Linear Park 2,093,000 1,248,255 2,114,900 1.0% 21,900 Tommy Thompson Park Plan Implementation 2,552,200 324,523 3,369,400 32.0% 817,200 Western Beaches Watercourse Facility 13,658,400 12,030,662 655,000 -95.2% (13,003,400) FUNDING SOURCES: Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Other - Municipal Other - Provincial Other - Federal Other - Donations /Fundraising Other - Private 22,475,100 16,523,282 10,545,600 -53.1% (11,929,500) 22,475,100 16,585,605 10,545,600 -53.1% (11,929,500) 22,475,100 16,585,605 10,545,600 -53.1% (11,929,500) NET EXPENDITURES (62,323) NOTES: 2007 BUDGET Difference b/w 07 Budget and 07 Prelim.: Tommy Thompson Park - increased forecast based on project acceleration to meet sunset clause Mar /08 Western Beaches - construction of site facility completed in 2006. Budget reduced since only compliance monitoring and fish habitat compensation activities remain. 158 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: ACTIVITY: Watershed Management Humber Bay Shores Waterfront Park Page 48 GROSS EXPENDITURES: Humber Bay Shores 2006 2006 2007 BUDGET Actuals BUDGET % CHG. $ CHG. $ $ $ 553,200 5,408,357 3,000,000 442.3% 2,446,800 553,200 5,408,357 3,000,000 442.3% 2,446,800 FUNDING SOURCES: Program /User fees - Reserves - CFGT - Living City - CFGT - Flowthrough - Other - Municipal 2,600,000 1,500,000 - 1,500,000 Other - Provincial 276,600 2,712,024 1,500,000 442.3% 1,223,400 Other - Federal - Other - Donations /Fundraising - Other - Private - NET EXPENDITURES 276,600 5,312,024 3,000,000 984.6% 2,723,400 276,600 96,333 - 100.0% (276,600) NOTES: 2007 BUDGET 159 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: Watershed Management ACTIVITY: Stewardship Page 49 2006 2006 2007 BUDGET Actuals BUDGET %CHG. $CHG. $ $ $ GROSS EXPENDITURES: Regeneration: Project Management 937,252 Conservation Seminars 24,100 38,500 59.8% 14,400 Healthy Yards 65,500 69,700 6.4% 4,200 DuffinsStewardship 45,000 53,500 18.9% 8,500 Stewardship Forum 3,100 5,200 67.7% 2,100 Stewardship Resource Centre 23,500 24,100 2.6% 600 Wetlands For Wildlife Habitat For Wildlife 10,000 18,000 80.0% 8,000 Community Environ. Stewardship Progr 79,700 73,600 -7.7% (6,100) Multicultural Environ. Stewardship Agricultural Non Point Source 13,100 5,300 -59.5% (7,800) CURB 60,700 60,700 Rural Clean Water Program 97,900 127,200 29.9% 29,300 Stewardship:Trillium - Highland 52,100 54,400 4.4% 2,300 Private Land Stewardship 55,900 58,500 4.7% 2,600 Stewardship Management 9,000 5,200 -42.2% (3,800) Durham Stewardship funding 45,000 45,000 Peel Business Outreach 15,000 - 100.0% (15,000) Peel Stewardship funding 106,000 116,600 10.0% 10,600 Stewardship: York Funding Markham Urban Ecological Backyard rs 3,800 - 100.0% (3,800) Centreville Creek Stewardship 53,000 28,000 -47.2% (25,000) Mahon Environmental Stewardship Proc 100,400 105,900 5.5% 5,500 Rouge Park Watershed Stewardship Pr 17,800 7,700 -56.7% (10,100) see top Peel Sustainable Communities Funding 40,700 98,100 141.0% 57,400 ORM Community Development: Ecologi 47,400 47,400 ORM #7 -CPA 2 & 11 Land Ownership 30,500 - 30,500 EcoAction: Ajax Community Greening 17,500 - 17,500 SP: Trillium Claireville Stewardship 54,400 - 54,400 Stewardship: Other Portion covered by transfers from fundii (289,400) (404,621) (402,300) 39.0% (112,900) 571,200 532,631 742,700 30.0% 171,500 FUNDING SOURCES: Program /User fees 2,727 - Reserves - CFGT - Living City CFGT - Flowthrough 8,900 38,335 59,100 564.0% 50,200 Other - Municipal 11,040 4,400 4,400 Other - Provincial 71,800 158,068 328,400 357.4% 256,600 Other - Federal 184,000 38,709 55,400 -69.9% (128,600) Other - Donations/Fundraising Other - Private 99,800 91,750 35,700 -64.2% (64,100) TBD 1 Other Internal NET EXPENDITURES 364,500 340,629 483,000 32.5% 118,500 206,700 192,002 259,700 25.6% 53,000 NOTES: 2007 BUDGET Increased funding for programs 160 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: ACTIVITY: Watershed Management Education Page 50 2006 2006 2007 BUDGET Actuals BUDGET % CHG. $ CHG. $ $ $ GROSS EXPENDITURES: Regeneration: Project Management 431,853 161,700 - 161,700 Conservation Seminars Watershed on Wheels 108,400 123,500 13.93% 15,100 Aquatic Plants Program 35,600 52,500 47.47% 16,900 Yellow Fish Road 38,800 41,900 7.99% 3,100 Peel Education funding 121,300 172,100 41.9% 50,800 Peel Children's Water Festival 40,000 40,800 2.0% 800 EcoSchool Water Conservation Guide 18,900 27,900 47.6% 9,000 Education: Web Based Learning 70,000 70,000 Education: Knowing Nature, Staying Safer 10,000 - 10,000 Education: Educational Exploration of the Living City 10,000 - 10,000 Portion covered by transfers from funding sources (209,500) (245,342) (479,400) 128.8% (269,900) 153,500 186,511 231,000 50.5% 77,500 FUNDING SOURCES: Program /User fees 130 - Reserves - CFGT - Living City - CFGT - Flowthrough 4,139 11,000 - 11,000 Other - Municipal Other - Provincial 16,100 29,849 11,500 -28.6% (4,600) Other - Federal 16,100 24,349 36,400 126.1% 20,300 Other - Donations /Fundraising 300 Other - Private - NET EXPENDITURES 32,200 58,768 58,900 82.9% 26,700 121,300 127,744 172,100 41.9% 50,800 NOTES: 2007 BUDGET Increased municipal funding for programs 161 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: Watershed Management Page 51 ACTIVITY: Peel Climate Change Mitigation GROSS EXPENDITURES: Project 1: Peel Climate Change Mitigation Project 2: Peel Climate Change Mitigation Project 3: Peel Climate Change Mitigation Project 4: Peel Climate Change Mitigation Project 5: Peel Climate Change Mitigation Project 6: Peel Climate Change Mitigation Project 7: Peel Climate Change Mitigation Project 7: Peel Climate Change Mitigation FUNDING SOURCES: Program /User fees Reserves CFGT - Living City CFGT - Flowthroug h Other - Municipal Other - Provincial Other - Federal Other - Donations /Fundraising Other - Private NET EXPENDITURES 2006 2006 2007 BUDGET Actuals BUDGET % CHG. $ CHG. 2,500,000 - 2,500,000 2,500,000 - 2,500,000 2,500,000 - 2,500,000 NOTES: 2007 BUDGET New project in 2007 162 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: ACTIVITY: Watershed Management Lower Don Page 52 2006 2006 2007 BUDGET Actuals BUDGET %CHG. $ CHG. $ $ $ GROSS EXPENDITURES: Lower Don Env. Assessment 3,500 - 100.0% (3,500) Lower Don Berm & Culvert Implementation - Don Mouth Naturalization & Port Land: 1,000,900 Protection EA - 100.0°/ (1,000,900) Don Mouth: TRCA Proj. Man. -E.A. 129,400 - 129,400 Don Mouth:Design Workshop - External 29,200 29,200 Don Mouth:Gartner Lee 800,000 Don Mouth:IDC - GLL 49,500 Don Mouth:Gardiner Roberts 3,000 12,000 Don Mouth:External /Public Cons. 15,000 Bala Line Pedestrian Tunnel - Lower Don EA to Implementation Lower Don Imp: Detail Design 13,489,700 - 100.0% (13,489,700) LDRW Phase 2: TRCA Internal 192,300 - 192,300 Lower Don Imp: ORC /FPL 16,200 26,800 Coordination 65.4% 10,600 Lower Don Imp: TWRC /Park 12,200 8,900 Coordination -27.0% (3,300) LDRW PH 2:Gardiner Roberts 37,000 LDRW PH 2:TSH 200,000 LDRW PH 2:Hydro One 170,000 LDRW PH 2:CN 350,000 LDRW PH 2:GO/TTR /DELCAN 7,000 LDRW PH 2:UMA Engineering 300,000 LDRW PH 2:Acquisition /Agreement 450,000 LDRW PH 2:USL 5,400,000 LDRW PH 2:Ext Archaeology 6,000 xxxxxxxx 9,834,803 - 14,522,500 9,834,803 8,186,100 -43.6% (6,336,400) FUNDING SOURCES: Program /User fees - Reserves - CFGT - Living City - CFGT - Flowthrough - Other - Municipal - Other - Provincial - Other - Federal - Other - Donations /Fundraising Other - Private 14,522,500 9,834,803 8,186,100 -43.6% (6,336,400) NET EXPENDITURES 14,522,500 9,834,803 8,186,100 -43.6% (6,336,400) NOTES: 2007 BUDGET Don Mouth Naturalization - Env.Assess. complete, implementation begins. Don River Bridge - prelim. included project contingency which was removed from final budget. Project not expected to use contingency funding in 07 163 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: ACTIVITY: Watershed Management Other Flood Control Projects Page 53 2006 2006 2007 BUDGET Actuals BUDGET % CHG. $ CHG. GROSS EXPENDITURES: Flood Warning Equipment & Models 385,638 192,200 -15.7% (35,900) Flood Protection & Remedial Capital Works 223,600 35.1% 58,100 Small Dams & Flood Control Facilities Capital Works 98,200 109.8% 51,400 Large Dams Capital Works 134,200 150,700 12.3% 16,500 Black Creek Channel Maintenance 118,000 261,800 143,800 WECI Water Control Structure Projects 204,800 40.5% 59,000 Covered from other Capital Projects FUNDING SOURCES: Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Other - Municipal Other - Provincial Other - Federal Other - Donations /Fundraising Other - Private Internal NET EXPENDITURES (131,952) (102,400) -68.9% 227,000 509,000 253,686 1,028,900 102.1% 519,900 5,140 - 72,900 77,159 215,800 196.0% 142,900 1,630 - 72,900 83,929 215,800 196.0% 142,900 438,100 169,758 813,100 86.4% 377,000 NOTES: 2007 BUDGET Many projects delayed in 2006 but will be completed in 2007 164 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: ACTIVITY: Watershed Management Public Use Infrastructure Page 54 2006 2006 2007 BUDGET Actuals BUDGET % CHG. $ CHG. $ $ $ GROSS EXPENDITURES: Retrofits /Construction 148,500 207,108 221,000 48.82% 72,500 CA Planning 68,200 44,067 94,300 38.27% 26,100 Oil Tank Removal 7,900 16,689 - 100.00% (7,900) Boyd Offfice Water Supply 100,000 117,224 - 100.00% (100,000) Humber Arboretum 100,000 100,000 Unassigned - 424,600 385,089 415,300 -2.19% (9,300) FUNDING SOURCES: Program /User fees 1,188 Reserves 100,000 100,000 CFGT - Living City CFGT - Flowthrough 4,144 Other - Municipal (401) Other - Provincial Other - Federal Other - Donations /Fundraising 2,000 Other - Private 68,894 NET EXPENDITURES 100,000 75,824 100,000 324,600 309,265 315,300 -2.87% (9,300) NOTES: 2007 BUDGET Reserve funded support for Humber Arboretum included again for 2007. 165 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: ACTIVITY: Watershed Management Other Facilities Retrofits Page 55 2006 2006 2007 BUDGET Actuals BUDGET % CHG. $ CHG. $ $ $ GROSS EXPENDITURES: Peel Campgrounds 1,083,600 239,092 1,050,500 -3.1% (33,100) Peel Washroom Upgrades 329,800 9,804 420,000 27.3% 90,200 Palgrave Trail Plan 240,278 Peel Conservation Land Planning 187,300 32 97,000 -48.2% (90,300) Heat Lake Water Play Facility 150,000 150,000 Just Get Active 100,000 - 100,000 FUNDING SOURCES: Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Other - Municipal Other - Provincial Other - Federal Other - Donations /Fundraising Other - Private NET EXPENDITURES 1,600,700 489,206 1,817,500 13.5% 216,800 1,600,700 489,206 1,817,500 13.5% 216,800 NOTES: 2007 BUDGET Campground work and washroom work carried into 2007. 166 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: ACTIVITY: Watershed Management Drinking Water System Upgrades Page 56 2006 2006 2007 BUDGET Actuals BUDGET % CHG. $ CHG. $ $ $ GROSS EXPENDITURES: Water System Engineer Analysis Peel water System Upgrades 242,900 442,862 - 100.0% (242,900) York Drinking Water: Boyd York Drinking Water: Bruce's Mill - York: Kortright Centre - Durham: Claremont - FUNDING SOURCES: Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Other - Municipal Other - Provincial Other - Federal Other - Donations /Fundraising Other - Private 242,900 442,862 - 100.0% (242,900) NET EXPENDITURES 242,900 442,862 - 100.0% (242,900) NOTES: 2007 BUDGET Project completed 167 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: Watershed Management ACTIVITY: Living City Centre Design and Build Page 57 GROSS EXPENDITURES: Kortright Retrofit 2006 2006 2007 BUDGET Actuals BUDGET % CHG. $ CHG. $ $ $ 679,400 141,738 500,000 -26.4% (179,400) 679,400 141,738 500,000 -26.4% (179,400) FUNDING SOURCES: Program /User fees - Reserves - CFGT - Living City - CFGT - Flowthrough Other - Municipal 250,000 - 100.0% (250,000) Other - Provincial Other - Federal - Other - Donations /Fundraising - Other - Private - Lease Revenue 79,000 - 100.0% (79,000) NET EXPENDITURES 329,000 - 100.0% (329,000) 350,400 141,738 500,000 42.7% 149,600 NOTES: 2007 BUDGET Proceeding slowly as funding permits. 168 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: ACTIVITY: Watershed Management Nursery Relocation Project Page 58 GROSS EXPENDITURES: Nursery Relocation FUNDING SOURCES: Prog ram/User fees Reserves CFGT - Living City CFGT - Flowthroug h Other - Municipal Other - Provincial Other - Federal Other - Donations /Fund raising Other - Private NET EXPENDITURES 2006 2006 2007 BUDGET Actuals BUDGET % CHG. $ CHG. $ $ $ 2,818,200 2,136,480 814,500 -71.1% (2,003,700) 2,818,200 2,136,480 814,500 -71.1% (2,003,700) 1,418,200 1,413,072 - 100.0% (1,418,200) 42,568 1,418,200 1,455,640 - 100.0% (1,418,200) 1,400,000 880,840 814,500 -41.8% (585,500) NOTES: 2007 BUDGET Unfinished 2006 work carried into 2007 169 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: ACTIVITY: Watershed Management Kettle Lakes Nature Reserve Page 59 GROSS EXPENDITURES: Park Management Plan Terrestrial Field Inventories Trail Construction Park Legal Fees Park Habitat Restoration 2006 2006 2007 BUDGET Actuals BUDGET % CHG. $ CHG. $ $ 23,400 1,176,600 50,656 24,000 1,008,487 33,400 7,000 250,000 5,000 95,200 1,200,000 1,083,143 - 70.1 % - 78.8% 33,400 (16,400) (926,600) 5,000 95,200 390,600 -67.5% (809,400) FUNDING SOURCES: Program /User fees - Reserves - CFGT - Living City - CFGT - Flowthrough 25,000 - Other - Municipal 4,058 33,400 - 33,400 Other - Provincial - Other - Federal - Other - Donations /Fundraising - Other - Private 1,200,000 1,054,085 357,200 -70.2% (842,800) TBD 1 TBD 2 1,200,000 1,083,143 390,600 -67.5% (809,400) NET EXPENDITURES 0 NOTES: 2007 BUDGET Lower level of work in 2007 pending resolution of land ownership. 170 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: Watershed Management GROUP: Capital ACTIVITY: BCPV Retrofit and Attraction Development Page 60 GROSS EXPENDITURES: BCPV Retrofit BCPV Attraction development FUNDING SOURCES: Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Other - Municipal Other - Provincial Other - Federal Other - Donations /Fundraising Other - Private TBD 1 TBD 2 NET EXPENDITURES 2006 2006 2007 BUDGET Actuals BUDGET %CHG. $CHG. $ $ $ 421,300 164,234 50,393 563,500 33.8% 142,200 421,300 214,627 563,500 33.8% 142,200 343 1,732 4,671 6,746 421,300 207,881 563,500 33.8% 142,200 NOTES: 2007 BUDGET Event pavillion finished. Some retrofit work carried into 2007. 171 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: Finance and Business Development Page61 ACTIVITY: Information Technology Project GROSS EXPENDITURES: IT Project FUNDING SOURCES: Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Other - Municipal Other - Provincial Other - Federal Other - Donations /Fundraising Other - Private NET EXPENDITURES 2006 2006 2007 BUDGET Actuals BUDGET %CHG. $CHG. $ $ $ 400,000 255,022 500,000 25.0% 100,000 400,000 255,022 500,000 25.0% 100,000 5,000 5,000 400,000 250,022 500,000 25.0% 100,000 F NOTES: 2007 BUDGET Some work carried forward into 2007. 172 TORONTO AND REGION CONSERVATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: Finance and Business Development Page62 ACTIVITY: Administrative Office GROSS EXPENDITURES: Administrative Office Biofilter Wall Relocation To Boyd CFC FUNDING SOURCES: Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Other - Municipal Other - Provincial Other - Federal Other - Donations /Fundraising Other - Private NET EXPENDITURES 2006 2006 2007 BUDGET Actuals BUDGET %CHG. $CHG. $ $ $ 690,000 393,410 32,265 38,247 700,000 690,000 463,923 700,000 1.4% 10,000 1.4% 10,000 690,000 463,923 700,000 1.4% 10,000 NOTES: 2007 BUDGET Work carried forward into 2007. 173 TORONTO AND REGION CONSERCATION AUTHORITY 2007 CAPITAL BUDGET DIVISION: ACTIVITY: Finance and Business Development Land Acquisition Page 63 GROSS EXPENDITURES: Waterfront Open Space Acquisition - Greenspace Strategy Natural Areas Protection FUNDING SOURCES: Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Other - Municipal Other - Provincial Other - Federal Other - Donations /Fundraising Other - Private Other - Internal Land Sales proceeds NET EXPENDITURES 2006 2006 2007 Budget Actuals Budget % Chq. $ Chq. $ $ $ 500,000 5,100,000 64,677 530,000 5,460,733 4,720,000 5,600,000 5,525,410 6.0% 30,000 -7.5% (380,000) 5,250,000 -6.3% (350,000) 7,570 (46,145) 1,533,390 2,950,000 3,234,014 4,000,000 35.6% 1,050,000 1,949 200,000 200,000 2,100,000 495,000 500,000 -76.2% (1,600,000) 600,000 341,118 450,000 -25.0% (150,000) 5,650,000 5,566,895 5,150,000 -8.8% (500,000) (50,000) (41,486) 100,000 - 300.0% 150,000 NOTES: 2007 BUDGET Budget based on the Greenlands Acquisition Project for 2006 -2010 174 RES. #A87/07 - THE CORPORATION OF THE TOWN OF CALEDON AND THE BOLTON WANDERERS' SOCCER CLUB OF ONTARIO Sublicence Agreement. Vicinity of Glasgow Road, in the Bolton Area of the Town of Caledon, CFN 24551 and CFN 22923. Receipt of a request from The Corporation of the Town of Caledon for consent from Toronto and Region Conservation Authority to renew the sublicence agreement with the Bolton Wanderers' Soccer Club of Ontario for a 3 -year term with a right of renewal for a further 2 years on Toronto and Region Conservation Authority owned -lands known as Edelweiss Soccer Park, Jack Garrett Soccer Park and Dick's Dam Soccer Field located in the vicinity of Glasgow Road, in the Bolton area of the Town of Caledon. Moved by: Seconded by: David Barrow Paul Ainslie THAT WHEREAS the Toronto and Region Conservation Authority (TRCA) entered into a management agreement with the Town of Caledon for TRCA -owned lands known as Edelweiss Park and Dick's Dam Park for park and recreational activities on January 25, 1984; WHEREAS the management agreement was amended on September 1, 1998 to add TRCA -owned lands known as Jack Garrett Soccer Park with the lands being used for soccer purposes; AND WHEREAS TRCA is in receipt of a request from The Corporation of the Town of Caledon to renew the sublicence agreement for a 3 -year term with a right to renew for an additional 2 years, commencing May 15, 2007, with the Bolton Wanderers' Soccer Club of Ontario to deal with the use, care and administration of the soccer facilities at Edelweiss Soccer Parks, Jack Garrett Soccer Park and Dick's Dam Soccer Field; THEREFORE LET IT BE RESOLVED THAT TRCA concur with The Corporation of the Town of Caledon renewing the sublicence agreement with the Bolton Wanderers' Soccer Club of Ontario; AND FURTHER THAT the appropriate TRCA officials be authorized and directed to take whatever action may be required to give effect thereto including the obtaining of necessary approvals and the execution of any documents. CARRIED BACKGROUND In 1984, TRCA entered into a management agreement with the Town of Caledon for various parcels of TRCA -owned lands in the Bolton area of the Town of Caledon. One of the parcels included in this agreement was TRCA -owned land at Edelweiss Park. Under this agreement the town continued the tennis court use which existed at the time the property was acquired by TRCA and constructed soccer fields. Dick's Dam Park is also included in this agreement. The town has recently added the soccer field in this park to the sublicence. 175 In the 1990s the town experienced growth in the number of players participating in soccer in Bolton and surrounding area. The town approached TRCA for additional land to accommodate their requirement for additional soccer fields. On September 1, 1998 TRCA added a 6 -acre parcel of land on the north side of Glasgow Road to the existing management agreement for use by the town as soccer fields. This parcel has since been named the Jack Garrett Soccer Park. At Authority Meeting #4/02, held on April 26, 2002, Resolution #A78/02 was approved as follows: THAT WHEREAS the Toronto and Region Conservation Authority (TRCA) entered into a management agreement with the Town of Caledon for TRCA lands known as Edelweiss Park for park and recreational activities on January 25, 1984, with the lands being used for soccer and tennis purposes; AND WHEREAS the management agreement was amended on September 1, 1998 to add TRCA lands known as Jack Garrett Soccer Park with the lands being used for soccer purposes; AND WHEREAS TRCA is in receipt of a request from The Corporation of the Town of Caledon to enter into a sublicence agreement for a 3 -year term with a right to renew for an additional 2 years, commencing May 15, 2002, with the Bolton Wanderers' Soccer Club of Ontario to deal with the use, care and administration of the soccer facilities at Edelweiss and Jack Garrett Soccer Parks; THAT TRCA concur with The Corporation of the Town of Caledon entering into a sublicence agreement with the Bolton Wanderers' Soccer Club of Ontario; AND FURTHER THAT the appropriate TRCA officials be authorized and directed to take whatever action may be required to give effect thereto including the obtaining of necessary approvals and the execution of any documents. The sublicence deals with the use, care and administration of the soccer facilities and sets out the responsibilities of both the town and the soccer club relating to the two sites. All capital repairs, improvements and expansion will still require TRCA approval. A sketch illustrating the location of the two sites is attached. DETAIL OF WORK TO BE DONE Staff will work with staff of the Town of Caledon and a representative of the Bolton Wanderers' Soccer Club of Ontario to ensure all TRCA interests are looked after in the sublicence. FINANCIAL IMPLICATIONS The town and the club are responsible for all realty taxes and maintenance costs associated with these properties. 176 POLICY CONSIDERATION TRCA staff has advised the Town of Caledon that the development of Edelweiss Park has reached the maximum allowable level and that further development should be curtailed, because of flood plain concerns and the long -term desire of TRCA to re- naturalize the area and limit public use to trails and associated passive uses. Staff is in the early stage of discussions concerning alternative, long -term locations. Report prepared by: Mike Fenning, extension 5223 For Information contact: Mike Fenning, extension 5223, Ron Dewell, extension 5245 Date: March 22, 2007 Attachments: 2 177 Attachment 1 SUBLICENCE AGREEMENT - THE CORPORATION OF THE TOWN OF CALEDON AND THE BOLTON WANDERERS SOCCER CLUB OF ONTARIO Vicinity of Glasgow Road, in the Bolton Area of the Town of Caledon —;,7"-''•- CFN 24551 and CFN 22923 „‚4 178 :Caiiign7Stion for The living City / I TRCA LANDS 0 MIIIIIISUBJECT PROPERTY LI 1)-101 // 6 ( ,4 Attachment 2 179 RES. #A88/07 - REPRESENTATIVES ON VARIOUS COMMITTEES Appointment of Toronto and Region Conservation Authority members and staff to various committees. Moved by: Seconded by: David Barrow Paul Ainslie THAT Chair Gerri Lynn O'Connor and Mr. Brian Denney, Chief Administrative Officer (CAO), be appointed as Toronto and Region Conservation Authority's (TRCA) representative and alternate, respectively, to Conservation Ontario; THAT Chair Gerri Lynn O'Connor be appointed as TRCA's representative and Mr. Brian Denney, CAO, Mr. Ron Dewell, Senior Manager, Conservation Lands and Property Services, Ms. Adele Freeman, Director, Watershed Management and Ms. Carolyn Woodland, Director, Planning and Development, be appointed as TRCA's alternates to the Rouge Park Alliance; THAT Chair Gerri Lynn O'Connor and Mr. Brian Denney be appointed as TRCA's Ex- officio members to The Conservation Foundation of Greater Toronto; THAT Mayor David Barrow, Councillor Maja Prentice and Councillor Suzan Hall be appointed to the Employee /Recognition Sub - Committee, with Chair O'Connor being Ex- officio; AND FURTHER THAT the various organizations be so advised. CARRIED BACKGROUND TRCA is represented officially on three organizations namely: Conservation Ontario, Rouge Park Alliance and The Conservation Foundation of Greater Toronto. Due to the recent municipal election, the Authority is requested to advise these organizations of its appointments for the next four year term. The Authority also creates a small committee known as the Employee /Recognition Sub - Committee which reviews and makes recommendations to the Authority on who should receive TRCA's annual conservation awards which are presented each spring at a special meeting or event. It is necessary to identify the members of this committee now in order to have it in place in time to make recommendations for this year's awards event. Conservation Ontario Conservation Ontario is an umbrella organization representing all 36 conservation authorities which brings together over 800 members and 1,000 staff working together to achieve common goals. Conservation Ontario is governed by a council consisting of two representatives of each conservation authority. Council directs the activities of staff and a variety of working groups, task forces and committees focusing on various areas of common interest to all conservation authorities. 180 It has been the Authority's practice for many years to have the Chair designated as TRCA's voting representative and the CAO as the alternate. It is recommended therefore that Chair O'Connor be appointed to Conservation Ontario and Mr. Brian Denney be identified as the alternate. Rouge Park Alliance The Authority is able to appoint one representative and several alternates to the Rouge Park Alliance. It is recommended that Chair O'Connor be appointed as TRCA's representative on the Rouge Park Alliance and that Mr. Brian Denney, Mr. Ron Dewell, Ms. Adele Freeman and Ms. Carolyn Woodland be appointed as the alternates. The Conservation Foundation of Greater Toronto The Authority can appoint the Chair and CAO to the Conservation Foundation as Ex- officio members. Employee /Recognition Sub - Committee It is suggested that three members of the Authority be appointed to the Employee /Recognition Sub - Committee. Mayor David Barrow, Councillor Maja Prentice and Councillor Suzan Hall have agreed to be the members of the sub - committee. Chair O'Connor is an Ex- officio member of the subcommittee. Report prepared by: Kathy Stranks, extension 5264 For Information contact: Kathy Stranks, extension 5264 Date: February 18, 2007 RES. #A89/07 - MINISTRY OF NATURAL RESOURCES Emergency Response Plan, 2006. Compliance with the 2006 Ministry of Natural Resources Emergency Response Plan, 2006. Moved by: Seconded by: David Barrow Paul Ainslie THAT Toronto and Region Conservation Authority (TRCA) staff be directed to work with Ministry of Natural Resources (MNR) Aurora District staff in ensuring integration of emergency activities. CARRIED BACKGROUND The Provincial Emergency Management and Civil Protection Act requires both provincial ministries and municipalities to undertake emergency planning and to specifically develop emergency response plans. This version of the act was modified from its original form in early 2002 by making the requirement for municipalities to have an emergency plan mandatory. The general process of emergency planning in Ontario was also updated to follow what is known as the five pillars of emergency planning, which are: 181 • Mitigation • Prevention • Preparedness • Response • Recovery The 2006 MNR Emergency Response Plan deals with the requirements specifically related to the response component. The document also includes roles and responsibilities which define requirements for preparedness and response by other agencies, including conservation authorities (CAs). Unlike municipalities, MNR has been required under previous legislation, as well as the more recent legislation of the Provincial Emergency Management and Civil Protection Act, to develop an emergency management plan for the categories of potential emergencies that it had been assigned under the Emergency Management Act R.S.O. 1990. Under this act, MNR has been assigned to provide leadership in terms of providing and coordinating emergency response to forest fires, floods, droughts /low water, dam failures, erosion, soil and bedrock instability, crude oil and natural gas exploration production and storage, along with salt solution mining emergencies. Of the above categories of emergencies, MNR has either formally delegated or identified CA's as having a level of responsibility for some aspects of emergency management for emergencies related to floods, dam failures, erosion, soil and bedrock instability and droughts /low flows. The 2006 version of the emergency response plan differs from the previous 1998 version which dealt only with Forest Fire and Flood emergencies. The new plan has been expanded to include the ministry's expanded responsibilities and identifies the roles and responsibilities around each of these emergency types, including those that they have defined for the local CA. The 2006 version of the plan identifies the following component of the Conservation Authorities Act, RSO 1990, section 23 to define the legislative process under which the Minister of Natural Resources has the power to direct CA's with respect to flooding: Minister's powers 23. (1) Despite any powers conferred on an authority by this Act, the Minister may, when and for such periods as he or she considers necessary in the public interest, (a) require an authority to carry out flood control operations in a manner specified by the Minister; (b) require an authority to follow instructions issued by the Minister for the operation of one or more of the authority's water control structures; or (c) take over the operation of one or more of an authority's water control structures and require the authority to reimburse the Minister for any costs incurred by the Minister as a result. 1996, c. 1, Sched. M, s. 45. 182 The principle difference between the 1998 and the 2006 plans relate to the amount of detail that has been provided around roles and responsibilities, and the inclusion of a role related to the CA's providing input into the local municipal emergency planning process. A copy of the detailed description of roles and responsibilities included for CA's within the plan is attached. The key roles identified for CA's include operating a Flood Forecasting and Warning system, communicating with our member municipalities regarding flood risks, providing advice, operating our flood control infrastructure and promotion of emergency planning related to flooding. Under the other defined emergencies where the CA's have been given a role, it is one of providing a support role, only the issue of Dam Failure requires a specific emergency response role. A review of all of these roles in terms of the TRCA's current flood warning and flood operations and Low Flow programs indicates that TRCA is, or has been, undertaking these roles for some time. As such, the roles and responsibilities defined within the 2006 Emergency Response Plan are in keeping with our current operations or activities as they relate to delivering our defined emergency response roles to our member municipalities. Managing the planning and construction of infrastructure or new development related to erosion and slope instability has been a long standing activity. The issue of dam failure is one we have been addressing over the last few years through comprehensive dam safety reviews including impact assessments of dam failure in advance of future dam safety legislation. Drought response is another activity that TRCA has been involved in with applicable municipalities and neighboring CA's since 2000 and is a component of our low flow management program. In fact, within the overall document, the only area where additional activities will be warranted is with respect to our role with the Aurora District Office of MNR. The new plan clearly identifies a role for the district both in terms of preparing a district emergency response plan and coordination of activities during a flooding event with local CA's. This had been a historical role but the district has not undertaken any such activity in well over a decade. A check with the district indicates that an individual has been identified to undertake the work necessary to develop their plan. However, to date no work has commenced. Once begun, it is likely that the district will be requesting support from the CA's within its jurisdiction. DETAILS OF WORK TO BE DONE While the 2006 MNR Emergency Response Plan has been updated and expanded to include additional areas of responsibility, TRCA has been actively engaged historically, or has adopted new programs over the last few years, to allow us to address these roles and responsibilities as defined within the new plan. As noted, the only new area of work required will be to coordinate with the Aurora District Office to provide support and coordination with their emergency planning activities. 183 FINANCIAL DETAILS All activities related to meeting the roles and responsibilities defined for TRCA under the MNR 2006 Emergency Response Plan are currently included within our existing operational budgets. Therefore no additional financial implications exist. Report prepared by: Don Haley, extension 5226 For Information contact: Don Haley, extension 5226 Date: March 23, 2007 Attachments: 1 184 Attachment 1 Roles and Responsibilities for Conservation Authorities within the 2006 Ministry of Natural Resources Emergency Response Plan 5.4 MNR Partners 5.4.1 Conservation Authorities • Maintains a flood warning system. • Assists MNR in the delivery of flood forecasting and warning in areas under their jurisdiction. • Recommends the declaration of a local flood emergency to MNR where their jurisdiction is associated with unincorporated areas (Nickel District, North Bay/ Mattawa, and Mattagami CA). • Responsible for issuing flood warning message within their jurisdiction (CA watershed boundary). • Encourages the Municipal, First Nations and unincorporated area emergency flood planning. • Provides input and review into municipal emergency response plans. • Provides Great Lakes level situation information to interest groups in local areas. • Provides consultation to municipalities /interest groups for shoreline protection and local issues management. • Accesses local conditions and monitoring systems. • Assesses MNR's Water Resource Information System for storm surge data and long -term wind /weather forecast and related information. • Receives early advisories from MNR's SWMC. • Provides flood warnings to land owners, municipalities, and First Nations communities (on CA's watersheds); and monitors storm conditions during event. • Provides similar flood warning information to local district. • Prepares and reports post damage information to MNR. • May take lead on local flood emergency response which involves two or more municipalities, incorporated areas, and /or First Nations communities within the CA watershed if capacity exists and as pre- arranged. • May participate in other local initiatives such as sandbagging, media briefings, coordination of citizens' meetings or as requested by MNR and municipalities. • Where capability exists arrange for restoration activities for unincorporated areas and First Nations communities. • Provides daily briefings to the District Manager and Conservation Ontario in an emergency situation. • Prepares and reports on post damage information to MNR and municipalities. • Documents expenditures and reports the cost associated with the emergency to Conservation Ontario, municipalities and MNR. 185 RES. #A90/07 - INFORMATION TECHNOLOGY DISASTER PREVENTION AND RECOVERY PLAN, MARCH, 2007 As directed by the Authority, and responding to a recommendation of Toronto and Region Conservation Authority auditors, staff has prepared an Information Technology Disaster Recovery Plan. Moved by: Seconded by: David Barrow Paul Ainslie THAT the report on staff implementation of the Information Technology Disaster Prevention and Recovery Plan, dated March, 2007, be received; AND FURTHER THAT staff report to the Business Excellence Advisory Board in 2008 on the implementation of the plan and on any updates which may be required to keep the plan current and effective. CARRIED BACKGROUND As a result of its 2004 audit, Toronto and Region Conservation Authority's (TRCA) auditors, Grant Thornton LLP, recommended that TRCA staff develop an off -site operational area as part of an information technology "disaster recovery plan." In the report to the Authority in spring of 2006, Grant Thornton reiterated their concerns and staff were directed by the Authority to ensure that the recommendations were proceeded with expeditiously. RATIONALE In 2004, staff began implementation of the Information Systems and Technology Strategic Plan, which was completed with the assistance of outside consultants late in 2003 and approved by the Authority for implementation. The changes required were significant and the Authority was advised that implementation would be spread over 3 to 4 years to best manage both funding and staffing. Funding for this comes from the information technology infrastructure project which has raised $350,000 to $400,000 per year from TRCA's participating municipalities. In 2005/06, staff was engaged in major changes and upgrades to the information systems and technology infrastructure that serves TRCA. TRCA had expanded from one administrative office to three locations as well as expanding support for the other operational centres such as Kortright Centre and Eastville. New hardware and server technology was implemented to meet growing demand and upgraded software was implemented to create a common platform for all staff. With some outside consulting support these tasks were accomplished by the TRCA Information Technology / Information Systems (IT /IS) group, which consists of a senior manager and 3 technical staff, while still ensuring that existing services were maintained at the standard of 99.9% up -time. 186 Staff was aware of the need for an off -site backup location for the TRCA IT servers at 5 Shoreham Drive, as well as requirements for redundancy and back -up among existing systems. As the strategic systems plan has been implemented, these issues were being addressed but not as quickly as the auditors would have liked. Aside from having to meet on -going service needs, TRCA's approach to implementation of the IT changes is to maximize the learning and training opportunities for IT staff. This means using consultants effectively and ensuring that their expertise is shared with TRCA staff as part of training. It takes longer, but the result is cost effective and TRCA has a better ability to respond to IT service needs in future. To date, there have been no significant data losses as a result of systems failures and the 99.9% up time standard has been met. The Information Technology Disaster Prevention and Recovery Plan, March, 2007 is attached. The report describes the various issues that must be addressed to protect and, if necessary, restore TRCA information technology and systems in the event of a "disaster." A draft of this report has been provided to TRCA's auditors. The plan calls for a variety of measures to ensure protection of data and security of TRCA systems. The executive summary lists work done to date as well as work to be completed. FINANCIAL DETAILS Funding for information systems technology infrastructure is provided in the appropriately named capital project. In 2007, there is $400,000 in the information technology infrastructure project capital budget, which will include for plan implementation. This funding is raised from among all TRCA participating municipalities using the modified current value assessment formula. Report prepared by: Jim Dillane, extension 6292 For Information contact: Chris Gerstenkorn, extension 5347; Jim Dillane, extension 6292 Date: April 2, 2007 Attachments: 1 187 Attachment 1 INFORMATION TECHNOLOGY DISASTER PREVENTION AND RECOVERY PLAN March 2007 ix. Executive Summary Security, due diligence and planning is an inherent function of Information Technology project implementation. As the TRCA implemented its' Information Systems and Technology Strategic Plan, many key changes and improvements were made to systems and procedures in order to build a reliable and efficient IT infrastructure. The TRCA has invested in a variety of IT and facilities infrastructure improvements which greatly improve security, IT continuity and recovery in the event of a disaster. Local and geo- political events such as the Black -out of 2003, Sept. 11, SARS and the August 19, 2005 storm event have focused the TRCA and the IT industry as a whole on security, business continuity and disaster planning. The TRCA has been active in addressing concerns related to disaster planning and business continuity. However, it has also been noted in recent TRCA audits, that the TRCA required a formal plan to address some inadequacies with respect to Disaster Planning and Recovery. The following table identifies many of the requirements which the TRCA has addressed to -date and identifies the actions which the TRCA will implement to meet the requirements of the Disaster Prevention and Recovery Plan as detailed in the following document. Implementations Complete 1) Physical Security a. Locked steel doors to server room b. Proximity card access to server room 2) Environmental Security a. Independent air conditioning for server room b. Water proofing over server racks c. Static electricity protection 3) System Security a. Password access to all network areas b. Software protection - Virus, Spyware, SPAM, Firewall 4) Business Continuity a. UPS - Uninterruptible Power Supplies for all critical equipment b. Generator Capacity - Three main offices equipped with large capacity generators 188 5) System Redundancy a. RAID configuration for all servers b. Cold Server available for main file and mail servers c. Tape back -up 6) Policies and Procedures a. IT Inventory and Issues Tracking Database b. Back -up scheduling and off -site tape storage Actions Required as detailed in Plan Implementation of Downsview Disaster Recovery Centre a. LAN Extension from Head Office top Downsview Office i) 10 MB circuit to facilitate high volume data transfer - May 2007 b. Replacement Novell File Server - Downsview Server i) Hardware / software purchase and install - April 2007 c. Lotus Notes / Domino email and applications replica server i) Hardware / software purchase and install - June 2007 ii) Replication configuration and testing - June 2007 d. Windows Back -up Server i) Licensing / software purchase and install - June 2007 189 Table of Contents Page # ix. Executive Summary 1.0 Introduction and Business Context 1.1 What is meant by a Disaster? 2.0 Prevention, Risk Management and Due Diligence 2.1 Physical Security a2 Environmental Security 2.2.1 Air Conditioning 2.2.2 Water Proofing 2.2.3 Static Electricity Discharge 2.3 System Security 2.3.1 Staff Network Access 2.3.2 Network File System 2.3.3 Lotus Notes 2.3.4 Server Based Applications 2.3.5 Remote Access 2.4 Staff Telephony Access 2.4.1 Call Pilot 2.5 System Software Protection 2.5.1 Firewall 2.5.2 Virus / Malware Protection 3.0 Disaster Planning and Mitigation 3_1 Disruptions in Power Supply 3.1.1 Uninterruptible Power Supply 3.1.2 Generator Capacity 190 a2 Communications, Server, Data Storage, Applications Continuity 3.2.1 Telephony 3.2.2 IT Inventory Database and Issues Tracking Database. 3.2.3 RAID 3.2.4 Cold Server 3.2.5 Tape Back -up 3.2.5.1 Back -up schedule 3.2.5.2 Back -up tape storage 4.0 Disaster Strikes - Key Actions 4.1 Worst Case Scenario 4_2 Where should a recovery centre be established? 4.2.1 Preferred Recovery Location 4.3 Disaster Recovery Redundant Servers 4.3.1 Existing Centralized Computing Framework 4.3.2 Remote Replication - Lotus Notes / Domino 4.3.3 Novell Netware File Server Recovery 4.3.4 Windows Back -up Server 1.0 Introduction and Business Context: The Toronto and Region Conservation Authority relies heavily on information and communication technology (IT) to accomplish day to day business activities and meet its mandated requirement for emergency operations in the event of a flood emergency. Day to day business of the TRCA can be described as activities which support our municipal partners, the public and business community as well as activities which support staff and the operations of the organization as a whole. Many of the business activities and emergency operations functions of the TRCA are supported by the same systems and IT infrastructures. However, the priorities and level of service demanded by each business function are significantly different with respect to IT resources required to complete tasks or perform the function. This strategy categorizes these functions based on priority and TRCA mandated requirements in the context of IT resources and system availability. Generally, TRCA business activities are functions which operate on a "workday" schedule and in some instances 7 days a week outside regular business hours. Emergency Operations functions relate to a flood event and are active or on stand -by on a 24hour, seven days a week (24/7) basis throughout the year. Since the implementation of the TRCA Information Technology Strategic Plan the TRCA has achieved an overall service level of 99.9% `up -time' as recommended by the Strategic Plan. Core system infrastructures, procedures and staffing have contributed to this success. These systems and procedures are also critical to maintaining an acceptable level of service in the event of an unforeseen disaster scenario. However, additional hardware, software, policies and procedures are required to improve the TRCA's ability to recover from a disaster in what ever form it may manifest. This plan will identify these additional requirements and plan for implementation. 1.1 What is meant by a Disaster? For the purposes of this document we will characterize a Disaster as either a local disaster ie. 5 Shoreham Dr. has burned to the ground and is totally unavailable or a Regional Disaster, ie. an ice storm has crippled power and communications across the Toronto Region. Disaster from the perspective of Information and Communication Technology is an event which disrupts or destroys the ability of IT and Communication systems, to function normally or as designed. 192 The interruption of IT services would have a negative effect on how the TRCA can conduct its normal business functions or fulfill its Emergency Operations obligations. This could resulting in increasing risk to public safety. A disaster by this broad definition could be caused by a huge number of possibilities. It is impossible to address every instance that could be considered a disaster. This strategy will focus on preparations and due diligence for prevention and set out a plan for recovery in the event of a disaster. While describing every type of disaster is difficult, it is possible to foresee the end results of most types of disaster. For example, servers are destroyed, network switches are destroyed, electrical power is not available etc... The Strategy addresses the "worst case scenario" when planning for disaster recovery. 2.0 Prevention, Risk Management and Due Diligence TRCA has undertaken actions and implemented procedures which safeguard IT and Communication Systems in order to prevent and minimize possible disruptions to IT services. The following section of this Strategy, documents what policies, procedures and installations the TRCA has implemented in order to minimize risk and attempt to prevent disaster. 2.1 Physical Security The TRCA has made a number of changes to the physical environment of core IT infrastructures in order to provide better security and limit access to these areas. Security breaches could have disastrous consequences to IT infrastructures and Systems. Events such as a break -in can result in theft, vandalism etc... Open access to systems and infrastructures by staff could increase risks associated with staff tampering with systems either unintentionally or with malicious intent. At the Head Office location, all core business servers and application servers have been moved to a central server room. The server room at 5 Shoreham Dr. is now equipped with a steel door and access is granted through a proximity card system. The door is always kept closed and locked. The access card system is limited to IT staff, the Director of F &B.S. as well as key Maintenance Staff. Also, the core telephone switches and peripheral equipment is located in a separate room which is locked when not being accessed 193 2.2 Environmental Security 2.2.1 Air Conditioning The Environment where IT Systems are kept is critical to their continuing operations. IT systems are designed to operate in a limited range of environmental conditions of which temperature and humidity are the most critical factors. The TRCA has purchased and installed an independent HVAC system which services the central server room at 5 Shoreham Dr. An independent system was required to keep the server room significantly cooler than the remainder of the office. The use of the independent system also allows for continued air conditioning if the main office HVAC system experiences problems or a failure. The server room air conditioning systems is functioning well and is maintained at an ideal operating temperature and humidity at all times throughout the year. 2.2.2 Water Proofing Water damage is a key risk to IT systems that must be addressed. Water from rain, snow, burst pipes and even from fire suppression is a major risk for IT systems. The TRCA has installed a waterproof membrane in the ceiling above the central server rack at 5 Shoreham Dr. Should a water related event occur the membrane is situated in such a way so as to minimize the ability of water to contact the server rack. 2.2.3 Static Electricity Discharge Office environments are very susceptible to generating static electricity. Office furniture, flooring materials, HVAC systems and the movement of staff all contribute to an environment where discharges of static electricity are frequent.. Static discharges in the office environment may seem insignificant or even entertaining when approaching an unsuspecting colleague. However, static electricity can be very hazardous to IT systems. A minor static discharge can wreak havoc on many computing devices including data loss or corruption in storage or even "frying" computer components. To minimize the risk associated with static electricity the TRCA has installed an anti - static floor covering in the central server room at 5 Shoreham Dr. The floor covering is designed to minimize static electricity in IT applications. IT Staff also use "best practices" procedures such as discharging their body of built -up static by touching a metal object or frame prior to touching a server or similar computing device. 194 2.3 System Security Computer based access to the Network file systems, Operating Systems, data storage and application software has serious risks. Inadvertent or malicious actions by staff or others could cause very serious damage to IT systems. Access to the TRCA Computer Network is controlled and protected by a number of key mechanisms. 2.3.1 Staff Network Access 2.3.2 Network File System Staff can only access the TRCA Network in a limited number of ways. Each method of access is password protected.. Novell Network access is password protected with forced password change on a three month schedule. Staff are granted limited access to the Novell Network through rights granted by the administrators. Read/Write access is limited to the staff member's individual home directory, their public directory and any shared folders which they belong to as members. 2.3.3 Lotus Notes Staff are granted access to the TRCA Lotus Notes Domino Server via an encrypted password and encrypted ID file. Access to this server is limited to Lotus Notes mail files and Notes based business applications. Staff are only granted access to their own mail files and the calendar /schedule components of other staff members. Access to Notes based business applications is restricted by Access Control Lists (ACL) in Notes, where specified users or groups are granted access to the specific application. 2.3.4 Server Based Applications There are a number of specific server based applications for which some staff are given access to in order to complete their jobs. Accounting, Payroll and fund - raising software are examples of these types of server based applications. Each of these applications have password protection and access is limited to that application only. 195 2.3.5 Remote Access Staff are granted very limited access to the TRCA Network from outside the office environment. Staff can only access the Lotus Notes /Domino server from outside of the office via the internet. TRCA has a firewall protected connection to the internet so staff can remotely access their Lotus Notes mail file utilizing iNotes browser based software. This system is password protected and resides on a secure website. 2.4 Staff Telephony Access 2.4.1 Call Pilot Staff are provided with access to the TRCA Call Pilot voicemail and messaging system. Staff are granted access to this system by administrators via a password. The password is on a regular change cycle of 3 months. Administrator rights for this system are limited to IT staff only. Furthermore, additional pass -codes are required for utilizing Long Distance services. All telephone records, local and long distance are monitored monthly to identify any irregular activities or calls originating from the TRCA switches. 2.5 System Software Protection - Virus, Spy ware, SPAM, Hacking etc... IT systems are vulnerable to many risks from malicious software and malicious individuals "hacking" these systems with intent to steal information or destroy systems. TRCA has implemented a number of safeguards to reduce the risk of software based threats and "hacker" type activities. 2.5.1 Firewall The entire TRCA Computer Network resides behind the City of Toronto firewall. The City of Toronto is essentially the ISP (Internet Service Provider) for the TRCA. The TRCA benefits greatly from the ability to leverage the significant investment that the City of Toronto makes in Network Security on an ongoing basis. The City limits access to the network via their firewall. At the present time there has never been a successful attempt to gain access to the TRCA Network by a "hacker ". As the TRCA ISP, the City of Toronto also provides additional security by restricting access to websites which pose significant risk to the network. 2.5.2 Virus / Ma!ware Protection The TRCA employs industry leading Anti -Virus Software protection. This software is server based and is updated hourly or better as current risks demand. All TRCA PC's also run a Virus Client which is updated from the server software whenever the PC is connected to the network. The software protects each PC connected to the network and does not allow infections to spread via the network. In the event of any infection on a PC or server anywhere on the network, Anti -Virus software identifies the virus and immediately takes a number of actions: • simultaneously notifies IT Administrators of the infection via email; • identifies PC, Server or other peripheral which is infected by name; • states what the virus is; and • identifies file that is infected and the software takes action; • the software first attempts to Clean the infected files • if it is unable to Clean the file, it will Quarantine the file The network relationship the TRCA has with the City of Toronto is also leveraged further with respect to Virus and Spam Protection. The City also employs industry leading Anti -Virus and Spam blocking software which is from a different vendor than what the TRCA uses. In the unlikely event that the City's Anti -Virus software would "miss" a virus, the TRCA's software would identify it and vice - versa. This has happened on only a small number of occasions and both the TRCA and City's virus software performed as stated. 3.0 Disaster Planning and Mitigation As stated earlier, it is difficult to foresee every possible disaster which may disrupt IT services at the TRCA. However, it is wise a business practice to identify the most likely types of events and the resulting impacts which may occur and plan appropriately. 197 3.1 Disruptions in Power Supply 3.1.1 Uninterruptible Power Supply Power supply disruptions can occur at anytime without notice. Without appropriate safeguards a loss of electricity can have a disastrous impact. File systems, databases, data storage and network switching can be susceptible to damage from unexpected loss of power resulting in "hard" shutdowns or from power surges or varying quality of power supply. To attempt to safeguard TRCA systems from the potential impact of power supply problems, TRCA employs industry standard Uninterruptible Power Supply units on each server and critical network switch. These UPS units provide temporary battery back -up, up to one hour. This time allows for either the outside power supply to rectify itself or IT staff to then shutdown servers "gently" to avoid data loss. These UPS units also protect critical IT equipment from power surges and sound alarms if the power supply is not of a high enough quality. 3.1.2 Generator Capacity The TRCA has also installed a number of on -site electrical generators at various office locations to provide emergency power in the event of a loss of electricity from the grid. These generators are capable of providing an ongoing supply of electricity to power a variety of equipment including Servers, Switches and PC's. (some generators may be limited to the number of appliances which they can power at once) It is assumed that in the event of a disaster -type scenario, one of the TRCA generator supplied facilities would be available for use as an emergency IT centre. It is also assumed that should any of the generators have limited capacity that the powering of IT equipment would be a high priority. 3.2 Communications, Server, Data Storage and Applications Continuity The TRCA has a sophisticated network of servers and communication equipment. The hardware and software which supports this network has a primary hub at 5 Shoreham Dr. This central hub provides a critical supporting system layer to a number of remote office locations as well. The TRCA provides almost identical IT and Communication services to these remote offices. The system has been designed in such a way that management of the system, even in remote offices can be accomplished remotely from the Head Office location or even over the Internet by Administrators. 198 3.2.1 Telephony In the event of a disaster, communications are critical to TRCA business and emergency management operations. However, with the availability of cellular phones and other devices such as Blackberry's, basic communications should be able to be maintained in a disaster scenario. With this in mind, the recovery of the TRCA main telephone system becomes less of a priority than the computer network. The main telephone PBX Switch and Call Pilot Voice Mail is located at TRCA's Head Office (5 Shoreham Drive) which provides voice auto attendant, incoming and outgoing phone communication, voice mail and Symposium Call Centre for the Head Office, Black Creek Pioneer Village and Boyd Resource Centre. This system also provide voice auto attendant and voice mail for the Downsview Office and the soon to- be- completed Environmental Resource Centre (New Nursery). For Downsview and the Environmental Resource Centre, outgoing calls would be possible if the Head Office phone equipment was not functioning but in a very limited mode. Service to restore telephony functionality is available through our existing Telco Maintenance provider (Telus) and could consist of one of the following options: a. Duplicate our entire system off -site at a Telus site and activate it upon need and redirect our telephone circuitry to Downsview. Or b. Enter into management /maintenance agreement with Telus where upon TRCA declaring and detailing an emergency situation, Telus will provide top priority in restoring service initially at Downsview and subsequently to 5 Shoreham Drive, if required. Or c. Upon an emergency situation occurring, contacting Telus to detail the telephony emergency and requesting equipment /services to be as quickly as possible, activated for Downsview. 3.2.2 IT Inventory Database and Issues Tracking Database. IT staff maintain an inventory of all IT computer equipment in a detailed database. This database provides a listing of hardware, locations, configurations, makes, models, purchase dates, warrantees, software etc... This database is updated regularly and kept in hard copy in the TRCA safe. IT staff also maintain an Issues Tracking Database where critical systems info is catalogued and shared. Detailed information regarding hardware and software system settings, configurations and passwords are documented. Access to this database is limited to only IT staff. A replica of this database is kept on IT staff laptops for use outside of the network and in the event of network unavailability. It should also be noted that most software installation media including network OS have been duplicated and kept with IT staff. 3.2.3 RAID All computer servers employed at the TRCA are configured in RAID 1 for network Operating System partitions and RAID 5 for data at a minimum. RAID configuration is the way a computer server is configured so that hard disks mirror data on multiple disks arrays to ensure data integrity. This configuration is essential in that should one or even more disks fail, a mirror disk is available to immediately rebuild the RAID array. 3.2.4 Cold Server The TRCA IT Strategy recommended the purchase and setup of an identical rack mounted server with "hot - swappable" drives configured exactly as both the TRCA 01 Novell Netware Server and the Notes 01 Domino Server. This identical server sits "cold ", not connected to the network. In the event of a serious hardware failure of either TRCA01 or Notes0l the "cold" server can be attached to the network and drives transferred from the failed server. This hardware redundancy provides an estimated 99.9% up -time for the main hub of the TRCA network. The Cold Server is currently mounted in the main rack. This server will be moved to another secure room at 5 Shoreham or another convenient location such as BCPV in order to provide additional security in the event of a disaster in the central server room. 3.2.5 Tape Back -up All server based computers and telephony equipment (Option 11 C Switch, Call Pilot voice mail, Symposium Call) at the TRCA are backed -up on a predetermined schedule. TRCA uses industry standard back -up solution software and hardware for every server in the network. Application data and staff files are backed -up on a daily basis. There are exceptions; some of the data stored on TRCA servers are not backed -up as they are not dynamic and are stored in an archive on permanent media and can be recovered. Data such as archival photographic images and Orthophotography are not routinely backed -up through scheduled tape back -up. 3.2.5.1 Back -up schedule A full back -up is performed once weekly. Incremental back -ups are performed on a nightly basis. Incremental back -up requires only the changes to a disk to be backed -up. 3.2.5.2 Back -up tape storage Full back -up tapes are stored off site in a secure location. One set of full back -up tapes per month are also stored off site for a period of one year. 4.0 Disaster Strikes - Key Actions 4.1 Worst Case Scenario In the event of a disaster, a worst case scenario could result in the destruction or loss of access to the central computing hub of the TRCA. Loss of the Head Office computer facilities would disable; the main file server, mail server, many application servers, network switching and core telephony functions. The loss of this facility could result in the disruption of most business functions and Flood Emergency Management Operations. Reinstating the core functions of the Head Office computing centre is critical to recovering from a disaster scenario. The technical framework for the TRCA network and computing system is designed in such a manner so as to allow for its re- establishment in any location over time. Software, hardware and switching can all be reinstalled, replaced and reconfigured in almost any location over time. Data can be restored from back -ups and archives. It is the recovery time which is the critical variable to mitigate. Recovery time can be reduced significantly through proper preparation and planning. In order to build an efficient plan to reduce recovery time many logistical and technical decisions are required. 4.2 Where should a recovery centre be established? Depending on the location and geographic extent of the event which caused the disaster, a decision needs to be made as to where a recovery location can be effectively established. A recovery location can be described as a facility, either permanent or temporary whereby TRCA can resume business and Flood Emergency operations. Decision making factors in location selection: • proximity; • security; • space availability; • power supply; and • connectivity and existing networking infrastructure 201 4.2.1 Preferred Recovery Location In view of the above criteria, the TRCA Downsview Office is the preferred site, for the recovery of the central TRCA computing facility. Downsview is a secure facility with proximity card access for staff. The facility also has generator capacity in the event of a prolonged power outage. The office space at Downsview is currently well cabled and has over 70 PC's . Available floor space could accommodate additional offices in the event of an emergency. 4.3 Disaster Recovery Redundant Servers 4.3.1 Existing Centralized Computing Framework Currently, the network infrastructure TRCA employs, makes use of servers at remote locations as file servers they provide connectivity to the TRCA Tree via the network OS and file storing. These remote servers do not host application software. All application software, their associated services and functions are served from the main computer centre at 5 Shoreham Dr. The centralized computing framework is ideal for systems management and consolidating computing horsepower. However, a centralized system presents significant challenges to a rapid recovery from a disaster if the results are a destroyed main computer centre at the head office. All TRCA servers have built -in redundancy at the local disk level through their RAID configuration as described earlier. The addition of the `cold' server at the head office also improves redundancy. However, if all the disks on the server or the entire system at any one location (namely the head office) is destroyed, recovery time would be significant. The `cold' server would be of no practical use if it too was damaged or unavailable. In order to provide additional redundancy and reduce recovery time in the event of a disaster a number of changes and additions to the TRCA computer network will be completed. 4.3.2 Remote Replication - Lotus Notes / Domino A Replica can be described as a copy of data and or software applications which are updated regularly from a central source. Replication is similar to an incremental back -up as described earlier in that only changes to the data are copied from the central source to the Replica thus reducing bandwidth usage. The entire contents of the central server need not be duplicated for the Replica. 202 Located at Downsview, this server could host local email and corporate Lotus Notes / Domino databases to staff at Downsview so that they may benefit from improved performance as email and databases will be accessed locally instead of over private circuits directly from Head Office. Regular replication can take place to ensure that a carbon copy of the Head office Domino server is available should anything happen to the Head Office Domino server. This server can be made available to vital staff at either Downsview or remote locations through the internet if needed. For this to be possible, some network configuration changes would have to occur at the Downsview switch with the help of IT staff from the city of Toronto. This server would also have to host a firewall that could be configured and left turned off until it was needed in the case of an emergency. 4.3.3 Novell Netware File Server Recovery Should disaster strike Head Office, destroying the master Netware NDS server (TRCA01), the Downsview server, (Downsview0l) could be employed as a back up for NDS and allow crucial select staff to be able to log into Novell and have access to their own data files. Certain changes to the Downsview0l server would have to be made to ensure that Downsview0l can take over as the Master NDS server. Furthermore, crucial user objects may have to be moved in the NDS tree to accommodate changes in network context. 4.3.4 Windows Back -up Server A windows backup server will serve many purposes. This server will host Symantec Backup exec and contain the appropriate hardware so that crucial users from Head Office may have their data transferred from LTO tape to the Downsview0l Netware server, or the "cold" server if we choose this option. The Windows Back -up Server does not have to be a installed on a separate box. The back -up software can be installed on the Domino replica server to be used for scheduled back -up of both the Domino data and the Downsview0l Netware data as well as the recovery of LTO tapes from the TRCA01 Head Office server in the event of a disaster. This server can also contain a pre- configured dormant firewall program. This way if an alternate internet connection needed to be established outside of the City of Toronto's network, we can be sure that our network is protected from the public internet. Lastly, this server in a pinch can also host one or two business critical applications. This may include the Payroll system or The Raiser's edge that run on Window's operating systems. We must keep in mind that many applications need to be re- installed on this server at the time of disaster. Therefore, we would need the help of various vendors to re- install software and get us up and running again as quickly as possible. In reality it may take several days to get complicated applications up and running again. RES. #A91/07 - VACATION POLICY Amendment. Amendment to the Vacation Policy to limit the liability of current accumulation of vacation. Moved by: Seconded by: David Barrow Paul Ainslie THAT the Vacation Policy be amended to encourage staff to take their vacation within the year earned and limit the liability of accumulated vacation; AND FURTHER THAT the changes be effective April 2007 with the implementation of vacation restrictions on January 1, 2008, allowing employees to take any excessive vacation days before the amendment takes place. CARRIED RATIONALE The current vacation policy allows for a limited number of employees to accumulate excessive amounts of vacation. To encourage employees to take their vacation and be able to comply with the implementation of the policy by January 1, 2008, this change is to be made in April 2007. Summary of Changes Staff is recommending that starting January 1, 2008, all employees can accumulate only the annual maximum in vacation days. This means if an employee: • has less than 5 years of continuous service, they can accumulate 15 days; • has 5 years but less than 15 years of continuous service, they can accumulate 20 days; • has 15 years but less than 20 years, they can accumulate 25 days; • has more than 20 years or service, they can accumulate 30 days. Vacation days accumulated will be reviewed on an employees service anniversary date and if more than the annual total is accumulated, an employee must immediately take their excess days or will lose them. Staff can bank a maximum of 10 days of vacation. Those with more than 10 vacation days at the time the amended policy takes affect, will have that situation grandparented until any days are withdrawn. This change in allowable vacation time is being made as of January 1, 2008 to allow those with excess vacation days, the time to take their vacation or bank some of the time within 2007. The excess vacation time must be taken by January 1, 2008 or will be lost. There will be no " buyout" of days and all vacations should be taken within this period without exception. 205 FINANCIAL DETAILS The financial impacts are cost avoidance of approximately $200,000 over the next 5 to 10 years in payments at the time of the employee's retirement or exit from the organization. Report prepared by: Catherine MacEwen, extension 5219 For Information contact: Catherine MacEwen , extension 5219 Date: April 3, 2007 Attachments: 1 206 Attachment 1 VACATION POLICY • 1.25 days per month during the first five years of continuous service (15 days /year) • 1.67 days per month after five years of continuous service (20 days /year) • 2.08 days per month after fifteen years of continuous service (25 days /year) • 2.5 days per month after twenty years of continuous service (30 days /year) Full -time employees are entitled to two floater days per year. One floater must be used in the calendar year and must be taken as time off. The second floater is designated by the Chief Administrative Officer (CAO). Staff will be notified each year when this floater is to be taken. Vacation Banking People with 5 years or more of service can "bank" a week of vacation per year for a total of 2 weeks of banked vacation. An employee must bank the time on their service anniversary date. The process to "bank" vacation requires that an employee write a letter indicating, the request to bank one week, from a specific year and the service date of that employee and send to Supervisor - Payroll. No more than 2 weeks can be in the bank at any one time, but the employee can "withdraw" weeks at any time and subsequently replenish the bank back to a total of 2 weeks. Again, "deposits" to the bank can only be made once a year on your service anniversary date. Although banked vacations can be used for extended vacations, there is still a need for your supervisor /manager to approve all vacation requests no matter what the length. For those employees who currently have 3 or 4 weeks banked already, their situation will be grandparented so that they can keep their banked time. If the employee takes a week of their 3 week banked amount, they will not be able to increase number of weeks banked beyond the corporate standard of 2. Vacation Accumulation Employees can accumulate no more than 12 months of credited vacation days. This means that for any given year, any employee can take their vacation over 12 months. For example, a person with 10 years service has a vacation credit of 1.66 days per month (or 20 days per year). After 12 months the employee has 20 days of vacation. That is the limit of vacation days that can be accumulated. Any further accumulation of days should be banked or taken immediately otherwise the person will lose those additional days. People are expected to manage their vacation time successfully to risk loss of vacation days after 12 months. Any deviations to this policy due to extraordinary circumstances must be reviewed with the Senior Manager, HR, Safety, Marketing and Communications, division Director and approved by the CAO. The total vacation days for an employee with 10 years experience is 20 days. On the employee's service anniversary date, the number of vacation days must be no more than 20 days. If the employee finds that they have more than their accumulated vacation days allowable, they must immediately take their excess vacation days or will lose them. 207 Crediting Previous TRCA Experience For those employees who have had previous experience with the TRCA as contracted employees etc, some or all of that time could be added to your current service to allow greater eligibility for vacations. Eligibility for "crediting" an employee's previous time is based on the following: The number of full months of service, for a contracted employee with 27 weeks or more of employment in a given calendar year. For example, an employee who worked full time for 2 years on contract with no interruption in service of greater than 16 weeks, will have every full month of service credited to them for vacation allocation purposes. This does no cover those who worked for 2 months in one year as this is not considered continuous service. So this does not apply to occasional /seasonal employees nor does it change your pension contributions or other benefit arrangements. Eligible employees will receive a letter outlining their new credited employment dates and vacation allocation by letter from Catherine MacEwen, Senior Manager, HR, Safety, Marketing and Communications, over the next few weeks. 208 RES. #A92 /07 - TORONTO AND REGION CONSERVATION AUTHORITY PARTICIPATION IN SUSTAINABILITY PROJECTS AND PROGRAMS Overview of sustainability projects and programs participated in by Toronto and Region Conservation Authority and development of the Greater Toronto Atmospheric Fund. (Sustainable Communities Res. #E4/07) Moved by: Seconded by: Suzan Hall Bonnie Littley THAT staff be directed to develop a partnership with the Toronto Atmospheric Fund (TAF) and the Greater Toronto Area Clean Air Partnership (CAP) to establish the Greater Toronto Atmospheric Fund (GTAF); AND FURTHER THAT Toronto and Region Conservation Authority (TRCA) participate in development of collaborative proposals to seek funding from the provincial and federal governments to support the GTAF. CARRIED RES. #A93 /07 - RENEWABLE ENERGY DISCUSSION PAPER To determine what additional role Toronto and Region Conservation Authority can, or should play, in the transformation of the market place for renewable energy. (Sustainable Communities Res. #E5/07) Moved by: Seconded by: Suzan Hall Bonnie Littley THAT staff be directed to prepare a discussion paper, in collaboration with leaders in the field, to determine what additional role Toronto and Region Conservation Authority (TRCA) can, or should play, in the transformation of the market place for renewable energy; AND FURTHER THAT staff report back to the Sustainable Communities Board in September, 2007 with the final draft of the discussion paper. CARRIED RES. #A94 /07 - BOLTON ARTERIAL ROADS STAGE 2 Class Environmental Assessment. To provide information regarding the Bolton Arterial Roads Stage 2 Class Environmental Assessment. (Sustainable Communities Res. #E6/07) Moved by: Seconded by: Suzan Hall Bonnie Littley 209 THAT the Town of Caledon be advised that the South Alignment, as proposed in the Draft Environmental Study Report, dated January 2007, is satisfactory to the Toronto and Region Conservation Authority (TRCA) subject to the conditions provided in this report; AND FURTHER THAT the Humber Watershed Alliance be advised of the Authority's position. CARRIED RES. #A95 /07 - RESTORATION OF DAMAGE CAUSED BY HIGH STORM FLOW EVENTS WITHIN THE CITY OF TORONTO PUBLIC PARKS AND VALLEY LANDS Recommending approval to implement projects, other than Edwards Gardens, for the restoration to City of Toronto public parks and valley lands, which were affected by high storm flow events. (Watershed Mgt. Res. #D2/07) Moved by: Seconded by: Andrew Schulz Gay Cowbourne THAT staff be authorized to take such action as is necessary to assist the City of Toronto with the management of projects to restore damage caused by the 2005 storm flow events, including the implementation of priority projects identified. CARRIED RES. #A96 /07 - STREAM RESTORATION OF WILKET CREEK, AT EDWARDS GARDENS PARK, CITY OF TORONTO Recommending approval of a project for the restoration of the storm damage of Wilket Creek at Edwards Garden Park, City of Toronto. (Watershed Mgt. Res. #D3/07) Moved by: Seconded by: Andrew Schulz Gay Cowbourne THAT staff be directed to proceed with the repairs and restoration relating to storm damage of Wilket Creek, at Edwards Gardens Park, City of Toronto. CARRIED 210 RES. #A97 /07 - CN RAIL EMBANKMENT IN CHARLES SAURIOL CONSERVATION RESERVE EROSION CONTROL PROJECT Initiation of the Class Environmental Assessment process for the CN Rail Embankment at Charles Sauriol Conservation Reserve Erosion Control Project, City of Toronto, under the "City of Toronto Valley and Shoreline Regeneration Project ". (Watershed Mgt. Res. #D4/07) Moved by: Seconded by: Andrew Schulz Gay Cowbourne THAT staff be directed to commence a Class Environmental Assessment (Class EA) for the CN Rail Embankment in Charles Sauriol Conservation Reserve, City of Toronto, under the "City of Toronto Valley and Shoreline Regeneration Project "; AND FURTHER THAT staff be directed to proceed with the implementation of remedial works, pending approval of the Class EA and the receipt of all necessary approvals, if required. CARRIED RES. #A98 /07 - HIGHWAY 10 AND STEELES AVENUE EROSION CONTROL MAINTENANCE PROJECT To perform major maintenance on an erosion control structure referred to as the Highway 10 and Steeles Avenue Erosion Control Structure, City of Brampton, under the Regional Municipality of Peel Climate Change Enhancement Projects - 2007. (Watershed Mgt. Res. #D5/07) Moved by: Seconded by: Andrew Schulz Gay Cowbourne THAT subject to the receipt of all required approvals staff be directed to commence major maintenance on the Highway 10 and Steeles Avenue Erosion Control Structure, City of Brampton. CARRIED RES. #A99 /07 - CONSTRUCTION OF EMERGENCY EROSION CONTROL WORKS Highland Creek at Morningside Avenue. Approval of the implementation of the final design for proposed channel alterations, including associated pedestrian trail reconstruction. (Watershed Mgt. Res. #D6/07) Moved by: Seconded by: Andrew Schulz Gay Cowbourne 211 THAT staff proceed with the implementation of proposed emergency erosion control works on Highland Creek at Morningside Avenue for the total estimated cost of $550,000. CARRIED RES. #A100 /07 - Moved by: Seconded by: JEFFERSON'S FOREST MANAGEMENT TRACT Advisory Committee. Initiation of the Jefferson's Forest Management Tract Advisory Committee (Watershed Mgt. Res. #D7/07) Andrew Schulz Gay Cowbourne THAT staff be directed to establish an advisory committee, which would include members of the Humber Watershed Alliance, Rouge Park Alliance, interested community groups, business representatives, community residents, agency staff, municipal staff and area councillors, to assist with the development of the Jefferson's Forest Management Plan and to facilitate the opportunity for public input; AND FURTHER THAT the management plan be brought to the Authority for approval once completed. RES. #A101 /07 - Moved by: Seconded by: CARRIED GLEN MAJOR FOREST AND WALKER WOODS STEWARDSHIP COMMITTEE Terms of Reference. Approval of Terms of Reference for the Glen Major forest and Walker Woods Stewardship Committee. (Watershed Mgt. Res. #D8/07) Andrew Schulz Gay Cowbourne THAT the Terms of Reference for the Glen Major Forest and Walker Woods Stewardship Committee be approved; AND FURTHER THAT all members of the Glen Major Forest and Walker Woods Stewardship Committee and the Duffins and Carruthers Watershed Resource Group be so advised. CARRIED 212 RES. #A102/07 - Moved by: Seconded by: FULFILMENT OF OAK RIDGES MORAINE CONSERVATION PLAN WATERSHED PLANNING REQUIREMENTS Approval of the Oak Ridges Moraine Conservation Plan conformity assessments and approval to use the watershed planning documents referenced in the conformity assessments (Attachments 1, 2 and 3) in the review of major development proposals on the Oak Ridges Moraine. (Watershed Mgt. Res. #D9/07) Andrew Schulz Gay Cowbourne THAT the conformity assessment for the Duffins Creek Watershed Plan in Attachment 1 and the watershed planning documents referenced in the conformity assessment be deemed to fulfil the watershed planning requirements of the Oak Ridges Moraine Conservation Plan (ORMCP; 2002) and be approved for use in the review of major development proposals on the Oak Ridges Moraine in the Duffins Creek watershed; THAT the conformity assessment for the Rouge River Watershed Plan in Attachment 2 and the watershed planning documents referenced in the conformity assessment be deemed to fulfil the watershed planning requirements of the Oak Ridges Moraine Conservation Plan (ORMCP; 2002) and be approved for use on an interim basis in the review of major development proposals on the Oak Ridges Moraine in the Rouge River watershed until such time as a final watershed plan is brought back to the Authority for approval; THAT the conformity assessment for the Don River Watershed Plan in Attachment 3 and the watershed planning documents referenced in the conformity assessment be deemed to fulfil the watershed planning requirements of the Oak Ridges Moraine Conservation Plan (ORMCP; 2002) and be approved for use on an interim basis in the review of major development proposals on the Oak Ridges Moraine in the Don River watershed until such time as a final watershed plan is brought back to the Authority for approval; THAT staff report back to the Authority in June 2007 on the conformity assessment for the Humber River Watershed Plan; THAT staff be directed to continue to work toward the timely completion of watershed planning documents for the Rouge, Don and Humber River watersheds including adequate opportunities for public and stakeholder consultation; THAT staff work with watershed municipalities to coordinate ongoing planning initiatives, including growth planning and source water protection planning, with the finalization of watershed plans; THAT staff report back at the earliest possible opportunity on the completion of each of the remaining watershed plans and with a progress report in September 2007; 213 AND FURTHER THAT the regional and local watershed municipalities and the Conservation Authorities Moraine Coalition be so advised. RES. #A103 /07 - Moved by: Seconded by: CARRIED RENEWAL OF THE CANADA - ONTARIO AGREEMENT RESPECTING THE GREAT LAKES BASIN ECOSYSTEM (2007 -2010) Comments of support regarding the Canada - Ontario Agreement respecting the Great Lakes Basin Ecosystem for submission to Ontario's Environmental Bill of Rights and to Canada's Gazette. (Watershed Mgt. Res. #D 10/07) Andrew Schulz Gay Cowbourne THAT Toronto and Region Conservation Authority (TRCA) acknowledge its strong support to the governments of Canada and Ontario for the signing of the 2007 -2010 Canada - Ontario Agreement Respecting the Great Lakes (COA); THAT the governments of Canada and Ontario be encouraged to ensure funding provided through COA used to support Great Lakes protection activities is not interrupted; THAT the governments of Canada and Ontario be encouraged to aim for continual improvements to COA and consider Authority Resolution #A21/07; THAT TRCA submit the staff comments in the attached report to the governments of Canada and Ontario contact persons for COA; AND FURTHER THAT TRCA's watershed municipalities and Conservation Ontario be advised of TRCA's comments regarding COA. RES. #A104 /07 - Moved by: Seconded by: CARRIED TOWN OF MARKHAM SPECIAL POLICY AREA Updated Rouge River Flood Plain Mapping. The Town of Markham is updating the boundary of the Special Policy Area through amendments to their Official Plan (OPA No. 153) and implementing Zoning By -laws to reflect adjustments arising from Toronto and Region Conservation Authority's Rouge River flood plain mapping update. (Watershed Mgt. Res. #D 11 /07) Andrew Schulz Gay Cowbourne 214 THAT the request by the Town of Markham to amend the boundary of the Special Policy Area designation, as described within Official Plan Amendment No. 153, and the associated implementing Zoning By -law Amendments be supported for approval by the Ministry of Natural Resources (MNR) and Ministry of Municipal Affairs and Housing (MMAH); THAT Toronto and Region Conservation Authority (TRCA) staff work with the Town of Markham, where appropriate, in the planning and development review process, to investigate opportunities to reduce the flood risk through flood remediation measures within the Special Policy Area; AND FURTHER THAT MNR, MMAH, the Region of York and the Town of Markham be so advised. RES. #A105 /07 - Moved by: Seconded by: CARRIED AUDITED FINANCIAL STATEMENTS - 2006 The 2006 audited financial statements are presented for the Business Excellence Advisory Board's approval and recommendation to the Authority. (Business Excellence Res. #C22 /07) David Barrow Eve Adams THAT the transfer of funds into and from reserves during 2006, as outlined in the schedule to the financial statements entitled "Continuity of Reserves ", be approved; AND FURTHER THAT the 2006 audited financial statements, as presented, be approved, signed by the Chair and Secretary- Treasurer of the Toronto and Region Conservation Authority (TRCA), and distributed to each member municipality and the Minister of Natural Resources, in accordance with subsection 38 (3) of the Conservation Authorities Act. SECTION II - ITEMS FOR AUTHORITY INFORMATION RES. #A106 /07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: John Sprovieri Glenn Mason CARRIED THAT Ontario Regulation 166/06 items 8.12.1 - 8.12.61, inclusive, contained in Section II of Executive Committee Minutes #2/07, held on April 13, 2007, be received. CARRIED 215 RES. #A107 /07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: John Sprovieri Glenn Mason THAT Section II items 8.13 - 8.15, inclusive, contained in Executive Committee Minutes #2/07, held on April 13, 2007, be received. CARRIED Section II Items 8.13 - 8.15, Inclusive CITY OF VAUGHAN OFFICIAL PLAN AMENDMENT 620 - STEELES AVENUE CORRIDOR (BETWEEN JANE STREET AND KEELE STREET) (Executive Res. #B31 /07) OUT OF COUNTRY TRAVEL (Executive Res. #B32/07) OUT OF COUNTRY TRAVEL (Executive Res. #B33/07) SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD RES. #A108 /07 - SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD Moved by: Seconded by: John Sprovieri Glenn Mason THAT Section IV item 8.16 - Lowest Bid Not Accepted, contained in Executive Committee Minutes #2/07, held on April 13, 2007, be received. RES. #A109 /07 - Moved by: Seconded by: CARRIED 2006 YEAR END FINANCIAL PROGRESS REPORT Provides information on the Toronto and Region Conservation Authority's (TRCA) financial performance to December 31, 2006, in relation to the 2006 approved budget. David Barrow Paul Ainslie THAT the Financial Progress Report dated December 31, 2006, be received. CARRIED BACKGROUND As part of TRCA's financial management process, staff provide to the Business Excellence Advisory Board on a regular basis financial progress reports which compare actual financial performance to the annual budget. This is the final progress report for 2006. 216 RATIONALE Attached is a high level summary of actual variances from budget as of December 31, 2006. The 2006 draft Audited Financial Statements will be available for the Business Excellence Advisory Board and Authority meetings scheduled to be held on April 27, 2007. Operating Variances: The 2006 actual operating results, as compared to the 2006 budget, produced an operating surplus of $425,000 as noted on Attachment 1. Of note are the following items: • project recoveries exceeded budget by approximately $75,000; • a major maintenance project (former Canada Post site) was deferred pending further negotiations with the tenant ($60,000) and there were a number of other maintenance projects deferred particularly with respect to former Ontario Realty Corporation properties; • a number of positions were held vacant in anticipation of revenue shortfall in a number of programs including Field Centres, Development Services, Property Services and Parks; • unbudgeted property tax rebates amounted to $66,300; • Community Transformation budget was underspent significantly ($531,000), due to less than anticipated program revenues; • the general contribution from The Conservation Foundation of Greater Toronto was under target by $284,400. • sales tax refunds claims amount to $178,000 of unbudgeted revenue; • interest revenue exceeds budget by approximately $83,000; • planting and restoration project revenues exceeded budget by $636,600; of this funding, approximately $330,000 will be used to finance the Restoration Services Centre, as explained in the capital variance notes below. Capital Variances: Capital expenditures exceeded revenues by an amount of almost $666,000 in 2006, as compared to a budgeted deficit of $1,250,000 as noted on Attachment 2. The major variances for the year are highlighted below: • Toronto Waterfront Revitalization Corporation (TWRC) amenity projects were underspent by about $5.95 million and the Lower Don by $4.69 million as a number of delays were encountered with respect to agreements and approvals. However, TRCA was able to undertake work in excess of $26 million in various TWRC- sponsored projects in the year; • the Humber Bay Shores (Motel Strip) project was overspent by almost $4.9 million due to the court award (unbudgeted) on one of the expropriated properties. Funding was available from the province and the City of Toronto; • various campground and other facility upgrades were postponed to 2007, resulting in an under expenditure of $1.1 million; • The Living City Centre project continues to be delayed until federal and provincial funds are secured ($537,600 under expenditure); • the Restoration Services Centre construction project, underspent by $681,700, will be completed in the spring of 2007; • there were a number of other infrastructure and environmental projects that were not undertaken in the year. Variances within the various capital funding sources reflect the corresponding reductions in spending. In almost all instances funds that were not utilized in the year will carry forward and be used in 2007. 217 In summary, the Restoration Services Centre project exceeded available capital funding by $680,840, accounting for the deficit within the capital accounts. Within the Restoration Services operating accounts, staff was able to generate approximately $330,000 in net revenues from various projects undertaken (tree planting, in -fill, etc.). This amount has been used to pay down the deficit within the construction account. This approach will continue until all of the costs associated with the Restoration Services Centre project have been fully financed. The attached report provides a summary of the capital project spending for the year. Report prepared by: Rocco Sgambelluri, extension 5232 For Information contact: Jim Dillane, 416- 667 -6292, Rocco Sgambelluri, extension 5232 Date: March 14, 2007 Attachments: 2 218 Attachment 1 Gross Expenditures (by functional Unit) Finance and Business Services Division Administration Rental Properties Property Sevices Vehicle & Equipment Reserve Watershed Management Division WM Divisional Management Watershed Strategies Conservation Field Centres Planning & Development Division Development Services Enforcement Ecology Division Ecology Community Transformation Partnerships Restoration Services Division Restoration Services Parks and Culture Division Parks & Culture Divisional Management Conservation Areas Kortright Centre for Conservation Oak Ridges Corridor Park Black Creek Pioneer Village Food Services Office of the CAO Corporate Management Corporate Secretariat Human Resources Professiona Access Program Corporate Communication TORONTO AND REGION CONSERVATION AUTHORITY Operating Variance Report as of December 31, 2006 2006 * Budget 2006 Actual 2,208,500 2,093,804 1,816, 700 1,701,348 1,248,200 1,196,900 27,129 5,273,400 5,019,181 427,800 327,837 2,701,900 2,790,803 2,346,400 2,170,410 5,476,100 5,289,050 2,734,900 2,685,686 532,200 496,934 3,267,100 3,182,620 2,780,100 2,871,260 1,585,000 1,053,119 4,365,100 3,924,379 2,231,900 1,882,614 802,100 818,519 3,250,000 3,196,563 1,406,200 1,433,468 1,126,000 1,034,804 4,228,000 4,061,190 1,140,500 1,011,451 11,952,800 11,555,996 418,000 419,870 320,600 342,699 475,700 478,919 94,172 982,300 956,830 2,196,600 2,292,490 Diff. Actuals Variance Notes (114,696) Higher project recoveries (115,352) Maintenance deferred on ORC properties (51,300) Gapping 27,129 (254,219) (99,963) Some RAP MOU admin work deferred. 88,903 Unbudgeted Special Projects (175,990) Constrained due to lower revenue (187,050) (49,214) Gapping (35,266) Legal provision underspent (84,480) 91,160 Unbudgeted Sp. Projects up. (531,881) Lower expenditures due to lower funding. (440, 721) (349,286) Some Inland Fill work delayed into 07 16,419 (53,437) Attendance below target so expenses constrained. 27,268 Maple Syrup program volume higher. (91,196) First year of program less than estimated (166,810) Cost constraints due to lower attendance. (129,049) Weddings & Corp. Events under target. (396,804) 1,870 22,099 Corporate legal fees exceed budget 3,219 94,172 New unbudgeted program. Self- funded. (25,470) Special Events under budget 95,890 Expenditure Total 34,763,000 33,146,330 (1,616,670) 219 Funding Sources: Program /User fees: Rental Properties Black Creek Pioneer Village Food Services Development Services Restoration Services Conservation Areas Kortright Centre for Conservation Oak Ridges Corridor Park Conservation Field Centres Summary All Other Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Other Municipal Provincial Federal Donations /Fundraising Private Reverse internal plant material charges included and Other Revenue total Net Expenditures Net Expenditures funded by: Provincial Transfer Payments Municipal Levy Deficit / (Surplus) TORONTO AND REGION CONSERVATION AUTHORITY Operating Variance Report as of December 31, 2006 2006 * Budget 2006 Actual 2,249,400 2,204,943 1,965,500 1,838,945 1,237,400 1,120,584 2,627,000 2,739,324 1,608,900 2,245,542 3,073,700 2,860,676 1,214,600 1,105,454 1,251,000 1,140,380 1,606,700 1,512,871 424,000 534,131 85,000 (19,042) 800,000 515,570 283,100 650,884 2,130,100 1,331,510 2,180,300 2,423,471 1,068,400 980,539 687,700 649,650 691,600 579,688 (1,205,200) (1,627,461) Diff. Actuals Variance Notes (44,457) More rental vacancies than anticipated. (126,555) Admissions & Gift Shop below target. (116,816) Weddings & Corp. Events under target. 112,324 Higher volume 636,642 Higher volume of plant sales & projects. (213,024) Attendance below targets. (109,146) Attendance below targets. (110,620) First year of program. Target estimated. (93,829) Summer bookings lost at Lake. St. George 110,131 Interest earnings exceed budget (104,042) Less reserve funding used (284,430) Revenue not avaialable 367,784 CTP revenue funded through CFGT. (798,590) Special Projects 243,171 Sales Tax refund & RAP MOU (87,861) Community Transformation Planning items. (38,050) Community Transformation Planning items. (111,912) CTP under & through CFGT. (422,261) High volume of internal plant sales 23,979,200 22,787,659 (1,191,541) 10,783,800 10,358,671 (425,129) 845,800 9,938,000 845,753 (47) 9,937,932 (68) (425,014) (425,014) * Reformatted to conform to 2007 presentation. 220 Attachment 2 CAPITAL Gross Expenditures: MONITORING AND REPORTING WATERSHED PLANNING Peel Water Management York Water Management Durham Water Management Water Cost Centres Costs covered by Water management Programs Floodplain Mapping York/Peel /Durham/Toronto Groundwater Terrestrial Natural Heritage REGENERATION Toronto Remedial Action Plan Project (RAP activity also shown under other projects) Peel Natural Heritage Project York Natural Heritage Project Durham Natural Heritage Project Valley and Shoreline Regeneration Projects Other Erosion Control Projects City of Toronto Waterfront Project Region Of Durham Waterfront Project Waterfront Revitilization Corporation Projects Humber Bay Shores Waterfront Park SUSTAINABLE COMMUNITIES Stewardship Education Toronto and Region Conservation Authority CAPITAL SUMMARY Capital Budget Variance as of December 31, 2006 2006 BUDGET 878,100 2006 Actuals Diff. Actuals 881,754 3,654 862,800 494,591 (368,209) 942,900 625,905 (316,995) 308,600 197,484 (111,116) 2,081,500 1,697,041 (384,459) (1,883,500) (1,344,377) 539,123 497,000 249,667 (247,333) 716,600 577,164 (139,436) 339,700 328,579 (11,121) 2,419,900 1,749,530 (561,200) (578,669) 1,167,300 987,552 535,600 692,505 148,900 120,260 Variance Notes Some work to be carried forward to 2007 Some work to be carried forward to 2007 Some work to be carried forward to 2007 Some work to be carried forward to 2007 Some work to be carried forward to 2007 Delays anticipated Delays anticipated (670,370) Water Management component delays (17,469) (179,748) Some work to be carried forward to 2007 156,905 Unbudgeted funding sources for extra work (28,640) Some work to be carried forward to 2007 2,875,100 2,211,678 (663,422) 26,000 34,964 8,964 1,856,300 1,358,745 (497,555) 354,700 293,524 (61,176) 22,475,100 16,523,282 (5,951,818) 553,200 5,408,357 4,855,157 571,200 532,631 (38,569) 153,500 186,511 33,011 Approval Delays: Beechgrove, Col. Danforth. Issues re: Guild Inn, Highland creek. Scheduling delays for Arsenal lands work. Some work to be carried forward to 2007 Slower pace of work Settlement negotiated 221 FLOOD PROTECTION Lower Don Other Flood Control Projects INFRASTRUCTURE Public Use Infrastructure Other Facilities Retrofits Drinking Water System Upgrades Living City Centre Design and Build Nursery Relocation Project Oak Ridges Moraine Corridor Park BCPV Retrofit and Attraction Development Information Technology Project Administrative Office REGIONAL OPEN SPACE Waterfront Open Space Acquisition - Greenspace Strategy Natural Areas Protection Expenditure total Funding Sources: Program /User fees Reserves CFGT - Living City CFGT - Flowthrough Other - Municipal Other - Provincial Other - Federal Other - Donations /Fundraising Other - Private Lease Revenue Land Sale Proceeds Transfers between Projects Revenue total Net Expenditures Provincial Transfer Payments Municipal Levy (Surplus) / Deficit Toronto and Region Conservation Authority CAPITAL SUMMARY Capital Budget Variance as of December 31, 2006 2006 BUDGET 2006 Actuals Diff. Actuals 14,522,500 9,834,803 (4,687,697) 509,000 253,686 (255,314) Variance Notes Slower pace of work Some items to be carried into 2007 424,600 387,655 (36,945) 1,600,700 486,640 (1,114,060) Some work to be carried into 2007 242,900 442,862 199,962 Additional costs due to regulatory changes. 679,400 141,738 (537,662) Project still in design & negotiation 2,818,200 2,136,480 (681,720) Remaining work to be done in 07 1,200,000 1,083,143 (116,857) Work continues in 2007 421,300 214,627 (206,673) Some work deferred into 07 400,000 255,022 (144,978) Some work deferred into 07 690,000 463,923 (226,077) Some work deferred into 07 500,000 64,677 (435,323) No significant waterfront acquisition in 06 5,100,000 5,460,733 360,733 66,427,900 54,454,667 (11,973,233) 1,200 40,825 39,625 1,518,200 1,366,927 (151,273) 101,900 1,730,259 1,628,359 4,211,100 6,933,479 2,722,379 565,000 3,307,408 2,742,408 431,000 607,679 176,679 2,100,000 504,938 (1,595,062) 39,060,300 28,374,980 (10,685,320) 106,000 - (106,000) 600,000 341,118 (258,882) (561,200) (578,669) (17,469) 48,133,500 42,628,944 (5,504,556) 18,294,400 11,825,722 (6,468,678) Unbudgeted revenue for Tenders Humber Arboretum delayed Wilder land Acquistion Wilder land Acquistion & Humber Bay Shores Humber Bay Shores Fisheries & Oceans Land Acq rev flowed through CFGT instead Some delays for TWRC projects LCC rev caried forward for use in 2007 Disposition delayed until 2007 17,044,400 11,159,795 (5,884,605) Lower utilization due to delays / deferrals 1,250,000 665,927 (584,073) 222 RES. #A110/07 - Moved by: Seconded by: REIMBURSEMENT FOR EMPLOYEE TRAVEL EXPENSES Advising the board of an increase in the per kilometre vehicle allowance for employees who use their personal vehicle to travel on approved Toronto and Region Conservation Authority business, effective July 1, 2007. David Barrow Paul Ainslie THAT the report dated April 2, 2007 on changes to the policy for reimbursement of employee travel expenses to increase the per kilometre vehicle allowance when using a personal vehicle on approved Toronto and Region Conservation Authority (TRCA) business, be received. CARRIED BACKGROUND At Authority Meeting #5/98, held on June 26, 1998, Resolution #A109/98 was approved, in part, as follows regarding TRCA's policy on travel expenses: (1) Employees, when authorized by their Manager to attend conferences, meetings, courses of instruction and trips of a similar nature shall be entitled to reimbursement for expenses as follows: (a) Kilometre rate when using a privately owned vehicle for business travel in excess of "to and from work" travel, as established from time to time by the Director of Finance and Business Services. The existing rates (effective January 1, 2005) are as follows: 0 to 4,000 km /calendar year 44 cents /km 4,001 to 10,000 km /calendar year 39 cents /km 10,001 to 24,000 km /calendar year 34 cents /km The rates are intended to cover the cost of employee's personal vehicles used for TRCA business and take into account the cost of additional insurance each employee must carry if their vehicle is used for business travel. TRCA employees may claim for costs of using Highway 407 when travelling in their personal vehicle on TRCA business. RATIONALE Regularly, staff reviews the rates to be paid to reimburse employees for travel using their personal vehicle while on TRCA business. In setting travel reimbursement rates, staff has traditionally used the Canadian Automobile Association (CAA) Driving Costs brochure which identified a 2004 cost of 45.3 cents /km for an average -sized vehicle travelling a total of 24,000 kilometres annually and 51.5 cents /km when using the vehicle 18,000 km annually. Unfortunately, CAA no longer publishes this information. 223 Given that fuel costs which are a major consideration, have increased substantially, and other rising costs such as vehicle repairs and insurance, staff has concluded that the TRCA's rates do not adequately reimburse staff for use of personal vehicles. The following rates are being implemented effective July 1, 2007: 0 to 4,000 km /calendar year 4,001 to 10,000 km /calendar year over 10,000 km /calendar year 46 cents /km 41 cents /km 36 cents /km Staff also considers the rates of reimbursement used by municipalities in the TRCA area of jurisdiction. The foregoing rates are comparable to those of Greater Toronto Area (GTA) municipalities and other conservation authorities. The increase of 2 cents is about 4.5 % over the 2.5 years since the last increase. FINANCIAL DETAILS In 2006, the distance travelled for which employees were reimbursed increased by less than 1% to 391,100 km at a cost of $159,200. Based on past experience, the increased rates have the potential to create an additional annual cost of about $8,000. Report prepared by: Jim Dillane, extension 6292 For Information contact: Jim Dillane, extension 6292 Date: April 02, 2007 RES. #A111/07 - Moved by: Seconded by: GOOD NEWS STORIES Highlights of Toronto and Region Conservation Authority's Work. Receipt of Good News Stories for the months of February and March 2007, from all sections of Toronto and Region Conservation Authority (T RCA) . David Barrow Paul Ainslie THAT the report on "Good News Stories" for February and March 2007, be received. CARRIED BACKGROUND Management Team, a committee made up of senior staff at Toronto and Region Conservation Authority (TRCA), meets monthly to discuss strategic initiatives and organizational development. 224 RATIONALE Key accomplishments of each TRCA section are highlighted at each Management Team meeting. In keeping with TRCA's objective of Business Excellence, these accomplishments will be brought to each Business Excellence Advisory Board for the information of the members. The following are the accomplishments cited in February and March, and a brief description of each. • Greenbelt Foundation - Black Creek Pioneer Village awarded $100,000 from the Greenbelt Foundation for travelling exhibit. • Peel Budget - Increased by 50% - $2.5 million for climate change adaptation and mitigation projects. • Water Balance Workshop - 150 people attended. $15,000 coming from Fisheries and Oceans Canada for water balance. $50,000 committed by Ministry of the Environment for water balance and sediment control work. • Pearson EcoPark - Strong support from Greater Toronto Airports Authority (GTAA) to move forward on Pearson EcoPark. Discussing funding with GTAA. • Source Water Protection - Next step of source water protection completed - TRCA's interim watershed characterization report submitted to Conservation Ontario. • Stewardship Forum - 140 people attended the 8th annual stewardship forum. • Innovative Stormwater Network - The Innovative Storm Water Management (SWM) proposal was led by the University of British Columbia (TRCA a partner) submitted to the Canadian Water Network. Project approved to receive $200,000 of which TRCA will receive approximately $20,000. Funds will be used for hosting a SWM conference, travel expenses, etc.. • Erosion and Sediment Control Workshop - 160 contractors, municipalities, consultants, biologists, engineers, regulatory people and others attended the workshop on March 21st to launch the guideline. • 2004 Duffins Marsh Sewerline Project - Completed analysis of artifacts excavated at the 'Reid' site. The artifacts are older than originally believed - 8,000- 10,000 years, which is rare to find. Part of the site adjacent to construction zone is still protected since it did not need to be excavated. • Water Management Initiatives - $40,000 received from Fisheries and Oceans Canada for water management initiatives ie. water management guideline, rainwater harvesting project, permeable pavement project, and erosion and sediment control training. • Restoration Services Centre - TRCA's first Leadership in Energy and Environmental Design (LEED) building completed with occupancy being taken in early April. Expected to achieve LEED Platinum certification, and if certified the centre will be the 2nd building in Canada to achieve this level. 65% energy reduction compared to building of traditional design and construction. Photovoltacics will save us about 8% of electrical energy needs. The centre is totally powered by green electricity. • Nursery Water Taking - First year the TRCA nursery will be off -line in terms of taking water from the Humber River, removing any impact to baseflow. Irrigation needs will be met through the use of well water, and stormwater runoff being collected in a reservoir. TRCA's permit to take water has been renewed through Ministry of the Environment establishing a significantly reduced water demand for nursery irrigation at 300,000 litres /day - a reduction of 63% from our previous permit to take water. 225 • Toronto Capital Projects - Obtained approximately $4.5 million in additional capital projects to be completed in 2007 through the City of Toronto to repair storm damage in parks system from August 19th storm event. Joint project with Toronto Forestry, Water and Parks and Recreation departments. • Professional Access and Integration Enhancement (PAIE) Program - 30 participants completed the 3 -month workshops in March and are beginning their nine -month workplacement or mentorship experience with their host organization in April. • Mark Cullen - TRCA spokesperson Mark Cullen has agreed to be the guest birder at the Tommy Thompson Park (TTP) Bird Research Station bird -a -thon on May 22nd. 90% of the funds he raises will go to the station. Mark will broacast his popular CFRB radio show live from TTP on Saturday, May 19th. • Critter News - Over wintering pair of Bald Eagles at TTP. Western Greebe at TTP. Recently retrieved one of our collared coyotes in Hamilton. • Bob Hunter Park - Announced by the province in 2006, the 476 acre Bob Hunter Park officially became part of TRCA on March 30th as part of the Rouge Park. • GTA Agricultural Action Committee - TRCA partners with GTA Agricultural Action Committee to implement recommendations on near urban agriculture. • Renewable Energy - Planning began for up to 100 units in Mississauga with ground source heating and cooling. TRCA moved to Bullfrog Power's "Steward" level by increasing its annual purchase of green electricity to 1,000 MWh, an amount sufficient to power Kortright Centre, Head Office at 5 Shoreham Drive and the new Restoration Services Centre. Report prepared by: Kathy Stranks, extension 5264 For Information contact: Kathy Stranks, extension 5264 Date: April 04, 2007 RES. #A112/07 - SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD Moved by: Seconded by: Suzan Hall Bonnie Littley THAT Section IV items 10.4 and 10.5, contained in Sustainable Communities Board Minutes #1/07, held on April 13, 2007, be received. Section IV Items 10.4 & 10.5 CITY OF VAUGHAN BLOCK 39 (Sustainable Communities Res. #9/07) SUSTAINABILITY MANAGEMENT SYSTEM (Sustainable Communities Res. # 10/07) CARRIED 226 RES. #A113/07 - SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD Moved by: Seconded by: Andrew Schulz Gay Cowbourne THAT Section IV items 11.11- 11.12.3, inclusive, contained in Watershed Management Advisory Board Minutes #1/07, held on April 20, 2007, be received. CARRIED Section IV Items 11.11- 11.12.3, Inclusive CONSERVATION AUTHORITIES MORAINE COALITION (Watershed Mgt. Res. #D 12/07) WATERSHED COMMITTEE MINUTES 11.12.1 - Don Watershed Regeneration Council 11.12.2 - Rouge Park Alliance 11.12.3 - Rouge Watershed Task Force (Watershed Mgt. Res. #D 13/07) NEW BUSINESS - APPOINTMENTS TO THE TORONTO AND REGION CONSERVATION AUTHORITY FOR 2007 -2008 The Secretary- Treasurer can advise that all the persons listed below have been duly appointed by the City of Toronto and are entitled to sit as Members of this Authority for the 2007 -2008 year, or until their successors are appointed. Bryan Bertie Laurie Bruce Gay Cowbourne Lois Griffin Alissa Sugar TERMINATION ON MOTION, the meeting terminated at 11:58 a.m., on Friday, April 27, 2007. Gerri Lynn O'Connor Brian Denney Chair Secretary- Treasurer /ks 227 THE TORONTO AND REGION CONSERVATION AUTHORITY MEETING OF THE AUTHORITY #4/07 May 25, 2007 The Authority Meeting #4/07, was held in the South Theatre, Black Creek Pioneer Village on Friday, May 25, 2007. The Chair Gerri Lynn O'Connor , called the meeting to order at 10:07 a.m.. PRESENT Eve Adams Member David Barrow Member Bryan Bertie Member Laurie Bruce Member Lois Griffin Member Jack Heath Member Colleen Jordan Member Bonnie Littley Member Gerri Lynn O'Connor Chair Linda Pabst Member Maja Prentice Member Gino Rosati Member John Sprovieri Member Alissa Sugar Member Richard Whitehead Member ABSENT Paul Ainslie Member Maria Augimeri Vice Chair Gay Cowbourne Member Glenn De Baeremaeker Member Bill Fisch Member Rob Ford Member Grant Gibson Member Suzan Hall Member Glenn Mason Member Peter Milczyn Member Ron Moeser Member John Parker Member Anthony Perruzza Member 228 RES. #A114 /07 - MINUTES Moved by: Seconded by: Richard Whitehead Jack Heath THAT the Minutes of Meeting #3/07, held on April 27, 2007, be approved. CARRIED SECTION I - ITEMS FOR AUTHORITY ACTION RES. #A115 /07 - ADVISORY BOARD APPOINTMENTS Appointment of citizen members of the Authority appointed by the City of Toronto to the three advisory boards. Moved by: Seconded by: Eve Adams Maja Prentice THAT the four new members appointed by the City of Toronto be approved as members of the following advisory boards for the 2007 -2008 meeting year: Sustainable Communities Board Laurie Bruce Watershed Management Advisory Board Bryan Bertie Lois Griffin Alissa Sugar. CARRIED RATIONALE The City of Toronto made the appointment of their citizen members at the Council meeting held on April 23 and 25, 2007 as follows: Bryan Bertie Laurie Bruce Gay Cowbourne Lois Griffin Alissa Sugar As a result, all persons listed above are duly appointed to sit on the Authority until such time as their successors are appointed. 229 As per Section 17 of the Rules of Conduct of the Authority, each member of the Authority shall serve on one of the advisory boards, except the Chair of the Authority shall be a member, ex officio, of each advisory board. The recommendation reflects the members preference of advisory board for the 2007 -2008 meeting year. At the City Council meeting held on February 6 and 7, 2007, Council appointed Gay Cowbourne as an interim appointee until all five citizen appointments were confirmed. As a result, at Authority Meeting #1/07, held on February 23, 2007, Ms. Cowbourne was appointed to the Watershed Management Advisory Board for the 2007 -2008 meeting year, or until her successor was appointed. Report prepared by: Kathy Stranks, extension 5264 Emails: kstranks @trca.on.ca For Information contact: Kathy Stranks, extension 5264 Emails: kstranks @trca.on.ca Date: May 03, 2007 RES. #A116/07 - TORONTO WATERFRONT AQUATIC HABITAT RESTORATION STRATEGY Toronto Waterfront Revitalization Corporation Delivery Agreement. Approval of an Eligible Recipient Delivery Agreement in regard to the implementation of the Toronto Waterfront Aquatic Habitat Restoration Strategy (TWHARS). Moved by: Seconded by: David Barrow Linda Pabst THAT approval be granted to enter into an Eligible Recipient Delivery Agreement with the Toronto Waterfront Revitalization Corporation (TWRC) for the purpose of implementing the Toronto Waterfront Aquatic Habitat Restoration Strategy (TWAHRS) at an estimated cost of $150,000; THAT the Eligible Recipient Delivery Agreement be subject to terms and conditions satisfactory to Toronto and Region Conservation Authority (TRCA) staff and solicitors; THAT the Eligible Recipient Delivery Agreement include provisions that the work is fully funded by TWRC; AND FURTHER THAT the appropriate TRCA officials and solicitors be authorized and directed to take such action as is necessary to implement the agreement including execution of all necessary documentation required. CARRIED BACKGROUND At Authority Meeting #7/03, held on September 26, 2003, Resolution #A195/03 was approved, in part, as follows: 230 THAT staffbe directed to solicit support and endorsement of the Strategy from the Toronto Waterfront Revitalization Corporation (TWRC), the City of Toronto, Fisheries and Oceans of Canada, the Ministry of Natural Resources, Environment Canada, the Ministry of Environment, the Toronto Port Authority and other stakeholders as identified; THAT staffbe directed to implement the Strategy recommendations of the Advisory Panel, including the establishment of an inter - agency coordinating mechanism to deliver the strategy... The implementation of the Toronto Waterfront Aquatic Habitat Restoration Strategy ensures that The Toronto Waterfront Revitalization Corporation incorporates improvements to aquatic habitats and fisheries resources as an integral part of creating a more livable and sustainable waterfront. The strategy's approach to aquatic habitat conservation, restoration, and creation is a way for involved organizations to realize their collective goals and objectives in a more timely and cost - effective manner, using science to support sustainable development of the Toronto waterfront. We have effectively fostered consensus from our partners and have established an interagency working committee that will support various waterfront revitalization projects. The TWRC has agreed to fund the implementation team and the support of this project. The scope of work for the project includes a coordinated process with the Province and the Federal government agencies for project approvals required for in -water works. Dedicated staff resources will be applied to approvals by this Project. Emphasis will be on meeting TWRC project timing as well as providing more certainty in approvals, ensuring timely, coordinated and effective environmental assessment and regulatory reviews with an outcome of achieving overall coordinated habitat objectives for the Toronto waterfront. The scope of activities associated with the work includes: • monthly meetings of the implementation team; • review of TWRC projects brought forward from concept through design; • comment and recommendations for achieving broad habitat objectives and best practices for project delivery; • coordinated provision of data and supporting information from all agencies included in the TWAHRS initiative, to TWRC project teams to support approvals process; • review of draft concepts to support CEAA requirements; • review of draft fisheries compensation requirements. The main objective is to strategically improve the habitat related to fisheries through the approvals process for TWRC projects with in -water works. This will be the result of early and on -going consultation with all the required agencies throughout projects. The projects that are identified for this project include Central Waterfront, East Bayfront water's edge promenade and Lake Ontario Park. The TWAHRS Implementation Team will document progress and input for all projects in order to inform the TWRC of progress and to provide a clear process for project approvals 231 DETAILS OF WORK TO BE DONE TWRC has developed an Eligible Recipient Delivery Agreement based on the format of previous agreements. TRCA staff and solicitors will review the proposed TWRC Delivery Agreement and, subject to terms and conditions satisfactory to TRCA and its solicitors, execute the agreement. Staff will report to the Authority on the work plan and implementation details. FINANCIAL DETAILS The full cost of this project is $150,000 for fiscal year 2007 -08, including all administrative costs. The project budget will be covered under the Eligible Recipient Delivery Agreement. Report prepared by: Gord MacPherson, extension 5246 Email: gmacpherson @trca.on.ca For Information contact: Gord MacPherson, extension 5246 Emails: gmacpherson @trca.on.ca Date: May 10, 2007 RES. #A117/07 - 2006 DON WATERSHED PROGRESS REPORT The release of the 2006 Don Watershed Progress Report - "Forging a New Deal for the Don ". Moved by: Seconded by: Linda Pabst Colleen Jordan THAT the 2006 Don Watershed Progress Report "Forging a New Deal for the Don" be endorsed; THAT the Don Watershed Regeneration Council be thanked for its hard work and dedication in bringing the 2006 Don Watershed Progress Report to completion; THAT the progress report be circulated to federal governments, provincial ministries, Don watershed municipalities, Members of Parliament and Members of Provincial Parliament, councillors, community groups, universities, schools, libraries and the public throughout the Don watershed; THAT Toronto and Region Conservation Authority (TRCA) staff continue to work with the members of the Don Watershed Regeneration Council, federal, provincial, and municipal staff, the business community, Don watershed resident groups and others to address the future threats and challenges as outlined in the report; AND FURTHER THAT the Don Watershed Regeneration Council work with TRCA staff to develop, review and complete the updated watershed plan for the Don ensuring that it builds on the past successes and addresses the future challenges outlined in "Forging a New Deal for the Don." CARRIED 232 BACKGROUND Included in the recommendations of the 1994 watershed strategy "Forty Steps to a New Don" was the recommendation that a watershed report card be compiled every three years by the Don Watershed Regeneration Council. In compliance with this direction, "Turning the Corner" was published in 1997 - the first watershed report card which set the path for other watershed report cards within the Toronto and Region Conservation Authority's (TRCA) jurisdiction. Subsequently, Conservation Ontario has adopted the watershed report card concept throughout the province. In 2000, the second report card "A Time for Bold Steps" was published, and in 2003, " Breathing New Life into the Don" was published. With the anticipation of an updated watershed plan in 2008, the production of an updated current conditions report and the recognition that this report would become the last one to be written under the context of the original watershed plan, the Don Watershed Regeneration Council decided to produce a retrospective on the work carried out over the past 12 years. "Forging a New Deal for the Don," the 2006 Don Watershed Progress Report celebrates notable accomplishments in the watershed since 1994 and speaks to the collective efforts of those who are striving to protect what is healthy, regenerate what is degraded and take responsibility for the Don. The activities and actions included have been organized to mirror the original "Forty Steps" themes of Caring for Water, Caring for Nature, Caring for Community and Getting it Done and cover the entire watershed from the headwaters in the Oak Ridges Moraine to the mouth of the Don river at Lake Ontario. The report outlines some of the challenges ahead for the Don watershed, including emerging concerns about global warming and air pollution, the threat of invasive species, and the ecological stress caused by development and population growth. It also emphasizes that the current momentum for change must be maintained. These challenges will be addressed in the updated watershed management plan currently being developed for the Don watershed. This progress report is not meant to replace the previous Don watershed report cards, but is meant to become a complimentary document to past reports as well as "Forty Steps to a New Don." The 2006 Don Watershed Progress Report - "Forging a New Deal for the Don" was officially launched at this year's Paddle the Don event, held on Sunday, May 6, 2007. DETAILS OF WORK TO BE DONE • Distribute to partners, stakeholders and community. • Continue to promote key messages outlined in the report. Report prepared by: Amy Thurston, extension 5283 Email: athurston @trca.on.ca For Information contact: Amy Thurston, extension 5283 Email: athurston @trca.on.ca Date: May 16, 2007 233 RES. #A118/07 - DON WATERSHED REGENERATION COUNCIL Appointment of Members. The formal appointment of watershed residents, municipal and public agency representatives, representatives from community groups, business and business organizations, and academic institutions. Moved by: Seconded by: David Barrow Maja Prentice THAT the Don Watershed Regeneration Council Terms of Reference for the term 2007 -2010 be amended to include representation from academic institutions separately from watershed residents and business representatives; THAT the Don Watershed Regeneration Council Terms of Reference for the term 2007 -2010 be amended to provide for a total of 43 members, including up to 20 persons representing watershed residents and businesses and three persons drawn from academic institutions; AND FURTHER THAT the Don Watershed Regeneration Council appointments, as set out in the staff report, be approved. CARRIED BACKGROUND At Authority Meeting #2/07, held on March 30, 2007, Resolution #A23/07 approved the Terms of Reference for the Don Watershed Regeneration Council. The term of appointment for the members follow the approved Terms of Reference, as stated below: These Terms of Reference are valid for four years (2007 - 2010). The regional and local municipalities and other public agencies will be requested to appoint their representatives for a two year term with the option to renew for an additional two years to coincide with the four year term of municipal councils. All other members will be appointed for a two year term with the option to renew for two years. Membership will be reviewed on an annual basis. Members, excluding ex- officio members, unable to fulfill their commitments will be replaced after missing three consecutive meetings (without notice) by the Authority based on the nominees recommended by Authority members, other watershed council members and TRCA staff. Notice of resignations and recommendations for new members will be presented to the Authority on an as required basis for approval. Notices for Don watershed residents, representatives of community groups, businesses, business associations and academia representative applications for the Don Watershed Regeneration Council were posted in community centres and libraries in the Town of Markham, City of Vaughan, Town of Richmond Hill and City of Toronto, within the Don watershed. Advertisements with the notice were placed in the following newspapers: Markham Economist & Sun, Vaughan Citizen, Richmond Hill Liberal, North York Mirror, East York Mirror and Beaches Mirror. The notice was sent by email to approximately 400 contacts on the Lower Don 234 public mailing list and by email or mail to approximately 850 contacts on the updated Don watershed strategy contact list. The notice was also forwarded to all former Don Watershed Regeneration Council members, Seneca College, York University and University of Toronto. The notice was posted on the Toronto and Region Conservation Authority (TRCA) website and links were established from the websites of City of Vaughan, Town of Richmond Hill, Town of Markham and City of Toronto. As well, letters were sent to regional and local municipalities, including the City of Toronto, public agencies and community groups requesting that they appoint delegates to the Don Watershed Regeneration Council. Three public information sessions were held in Richmond Hill, North York and East York during the month of April. Twenty -one (21) applications were received from new residents and business members, and five came from past resident members of the Don Watershed Regeneration Council wishing to re- apply. In addition, three applications were received from academic institution representatives. Given this increased interest from the academic community, it is recommended that the Terms of Reference be amended to include an academic institution membership clause separate from its original grouping with watershed residents and business representatives, and that the original provision for 20 members under this category remain. After careful consideration, 18 applicants were chosen to serve as members of the Don Watershed Regeneration Council, leaving two spaces to be held for future representation from the northern reaches of the watershed. In addition, three applicants were chosen to serve as academic representatives on the Don Watershed Regeneration Council. The selection committee consisted of Councillor John Parker, member of the Watershed Management Advisory Board and Authority; Adele Freeman, Director, Watershed Management division and Don Watershed Specialist; and Gary Wilkins, Humber Watershed Specialist. To date, the following individuals are recommended for appointment to the Don Watershed Regeneration Council. Additional appointments will be brought to the attention of the Authority for approval once they are confirmed by their respective councils, business associations, agencies and groups. Member John Parker, Councillor Region of York - Member Brenda Hogg, Regional Councillor Town of Markham - Member Erin Shapero, Councillor Town of Richmond Hill - Member Nick Papa, Councillor City of Vaughan - Member Alan Shefman, Councillor Toronto North - Member To Be Confirmed after June 26, 2007 Toronto South - Member To Be Confirmed after June 26, 2007 Toronto East - Member To Be Confirmed after June 26, 2007 Environment Canada - Member Lisa Sealock Ministry of the Environment - Member To Be Confirmed Ministry of Natural Resources - Member John Almond York University Carmela Canzonieri 235 University of Toronto Jennifer Bonne!! Ryerson University Nina -Marie Lister Friends of the Don East Member James McArthur Alternate John Routh Richmond Hill Naturalists Member To Be Confirmed Alternate To Be Confirmed Task Force to Bring Back the Don Member Janice Palmer Alternate John Wilson Toronto Green Community Member Margaret Buchinger Alternate Cheryl Shour City of Toronto Sue Arndt City of Toronto Alex Brunton Town of Richmond Hill Shan Dhingra City of Toronto George Fells City of Toronto Phil Goodwin City of Toronto Michael Haider City of Toronto Moyra Haney City of Toronto Kate Hayes City of Toronto Peter Heinz City of Toronto Catherine Kurucz Town of Markham (Business Location) Vivien Lee City of Toronto Brenda Lucas City of Toronto (Business Location) Catherine Marsden City of Toronto Marg McRae City of Toronto Doug Obright City of Toronto Leah Weller City of Toronto Andy Wickens City of Toronto David Yudelman Held for additional representation from the upper reaches of the watershed To Be Confirmed Held for additional representation from the upper reaches of the watershed To Be Confirmed DETAILS OF WORK TO BE DONE Confirm the remaining members of the Don Watershed Regeneration Council. Two spaces remain under the resident and business representative category. These spaces will be held for additional representation from the upper reaches of the watershed. Any additional members to the Don Watershed Regeneration Council will be submitted to the Authority when finalized. 236 Host an orientation bus tour of the watershed for interested members, scheduled for Saturday, June 9, 2007. Report prepared by: Amy Thurston, extension 5283 Email: athurston @trca.on.ca For Information contact: Amy Thurston, extension 5283; Adele Freeman, extension 5238 Email: athurston @trca.on.ca; afreeman @trca.on.ca Date: May 22, 2007 RES. #A119/07 - ETOBICOKE- MIMICO WATERSHEDS COALITION Appointment of Members. Approval of Etobicoke - Mimico Watersheds Coalition appointment of watershed residents, municipal and public agency representatives, representatives from community groups, business and business organizations and academic institutions. Moved by: Seconded by: David Barrow Maja Prentice THAT the Etobicoke - Mimico Watersheds Coalition (herein "Coalition ") appointments, as set out in the staff report, be approved. CARRIED BACKGROUND At Authority Meeting #2/07, held on March 30, 2007, Resolution #A32/07 approved the Terms of Reference for the Etobicoke - Mimico Watersheds Coalition. The term of appointment for the members follow the approved Terms of Reference, as stated below: These Terms of Reference are valid for four years (2007 - 2010). The regional and local municipalities and other public agencies will be requested to appoint their representatives for a two-year term with the option to renew for an additional two years to coincide with the four year term of municipal councils. All other members will be appointed for a two-year term with the option to renew for two years. Membership will be reviewed on an annual basis. Members, excluding ex- officio members, unable to fulfill their commitments will be replaced after missing three consecutive meetings (without notice) by the Authority based on the nominees recommended by Authority members, other Coalition members and TRCA staff. Notice of resignations and recommendations for new members will be presented to the Authority on an 'as required' basis, for approval. 237 The opportunity for membership on the Etobicoke - Mimico Watersheds Coalition was advertised throughout the Etobicoke and Mimico Creek watersheds in community newspapers and posted on various websites. As well, letters were sent to regional and local municipalities, public agencies, community groups, business organizations and academic institutions requesting that they appoint delegates to the Etobicoke - Mimico Watersheds Coalition. Some former members of the Coalition were considered for re- appointment based on their previous commitment and contribution to the work of the Coalition. The selection committee consisting of Councillor Peter Milczyn, member of the Business Excellence Advisory Board and the Authority; Adele Freeman, Director, Watershed Management division; and Chandra Sharma, Etobicoke - Mimico Watershed Specialist, reviewed the new applicants and made recommendations for appointment. As per the approved Terms of Reference for the Coalition, there is provision for 40 members including representation from municipal councils, public agencies, community groups, businesses, academia and 15 watershed residents. To date, the following individuals are recommended for appointment to the Etobicoke - Mimico Watersheds Coalition. Additional appointments will be brought to the attention of the Authority members for approval once they are confirmed by their respective councils, business associations, agencies and groups. Member Peter Milczyn, Councillor Town of Ca /edon Member Allan Thompson, Councillor City of Brampton; Member Vicky Dhillon, Councillor Alternate David Waters C /ty of Mrss /ssauga Alternate Michael Gushe Regional Mun ic ipality of Peel Member Allan Thompson, Councillor Alternate Mark Head Member To Be Confirmed Alternate To Be Confirmed Environment Canada - Member Rimi Kalinauskas Ontario Ministry of Natural Resources - Member John Almond, Corresponding member Ontario Ministry of Environment - Member To Be Confirmed Greater Toronto Airport Authority Randy McGill Markland Wood Golf and Coun Club Owen Russel University of Toronto Pierre Belanger Lincoln Alexander Secondary School Cleve Battick 238 Canadian Wildlife Federation Christina Sharma Eco- Source Mississauga /Peel Environmental Youth Alliance Stephanie Crocker Brampton Horticultural Society Jim Anderson Friends of Heart Lake Leo O'Brien Friends of Mimico Creek Janice Etter Greenvisions Citizens for Brampton Conservation Tom Mallozi Humber Bay Shores Association Carol A. MacKay Heart Lake Community Action Group To Be Confirmed Malton Residents Association Doug McRonney Malton Stewardship Group To Be Confirmed Sierra Club- Peel Chapter Bruce Haines South Mimico Stewardship Group To Be Confirmed West Humber Naturalists Bob Noble City of Brampton Chris McGlynn City of Brampton Deannan Coop City of Brampton Jim Laird City of Brampton Jaipaul Massey -Singh City of Brampton Leslie Luxemburger City of Mississauga John Cary City of Mississauga Boris Swedak City of Mississauga Donald Weatherbe City of Toronto Suzanne Barrett City of Toronto Bob Cook City of Toronto Irene Jones City of Toronto Marilyn Hagerman City of Toronto Mark Taylor Town of Caledon Steven Townsend Report prepared by: Chandra Sharma, extension 5237 Email:csharma @trca.on.ca For Information contact: Chandra Sharma, extension 5237; Adele Freeman, extension 5238 Email:csharma @trca.on.ca; afreeman @trca.on.ca Date: May 18, 2007 RES. #A120/07 - HUMBER WATERSHED ALLIANCE Appointment of Members. The formal appointment of watershed residents, municipal and public agency representatives, representatives from community groups, business and business organizations and academic institutions. 239 Moved by: Seconded by: David Barrow Maja Prentice THAT the Humber Watershed Alliance appointments, as set out in the staff report, be approved. CARRIED BACKGROUND At Authority Meeting #2/07, held on March 30, 2007, Resolution #A32/07 approved the Terms of Reference for the Humber Watershed Alliance. The term of appointment for the members follow the approved Terms of Reference, as stated below: These Terms of Reference are valid for four years (2007 - 2010). The regional and local municipalities and other public agencies will be requested to appoint their representatives for a two-year term with the option to renew for an additional two years to coincide with the four year term of municipal councils. All other members will be appointed for a two-year term with the option to renew for two years. Membership will be reviewed on an annual basis. Members, excluding ex- officio members, unable to fulfill their commitments will be replaced after missing three consecutive meetings (without notice) by the Authority based on the nominees recommended by Authority members, other alliance members and TRCA staff. Notice of resignations and recommendations for new members will be presented to the Authority on an 'as required' basis, for approval. The opportunity for membership on the Humber Watershed Alliance was advertised throughout the Humber watershed in community newspapers and posted on various websites. As well, letters were sent to regional and local municipalities, the City of Toronto, public agencies, community groups, businesses and business organizations, and academic institutions requesting that they appoint delegates to the Humber Watershed Alliance. Two public information sessions were held in strategic locations within the watershed. 12 applications were received from new residents, and 16 came from past resident members of the Humber Watershed Alliance wishing to re- apply. After careful consideration, 25 applicants were chosen to serve as resident members of the alliance. The selection committee consisted of Councillor Richard Whitehead, Chair of the Watershed Management Advisory Board and Authority member; Adele Freeman, Director, Watershed Management division; and Gary Wilkins, Humber Watershed Specialist. To date, the following individuals are recommended for appointment to the Humber Watershed Alliance. Additional appointments will be brought to the attention of the Authority members for approval once they are confirmed by their respective councils, business associations, agencies and groups. 240 TRCA (Ex- officio) Member Councillor Richard Whitehead MUNICIPAL AND REGIONAL STAFF (Ex- officio) Township ofAdjala- Tosorontio Member Councillor Joy Webster Town of Aurora Member Councillor Alison Collins - Mrakas Alternate Fausto Fillipetto City of Brampton Member Councillor Vicky Dhillon Alternate David Waters Town of Caledon Member Councillor Nick deBoer Township of King Member Councillor Cleve Mortelliti Alternate Gaspare Ritacca City of Mississauga Member Dianne Douglas Town of Mono Member Councillor John Castel Regional Municipality of Peel Member Councillor Annette Groves Alternate Leilani Lee -Yates Town of Richmond Hill Member Councillor Greg Beros Alternate Ann Marie Farrugia City of Vaughan Member Councillor Peter Meffe Alternate Mr. Marlon Kallideen Regional Municipality of York Member Councillor Gino Rosati Alternate Barbara Jeffrey, Karen Antonio - Hadcock CITY OF TORONTO COMMUNITY COUNCILS (Ex- officio) Toronto North - Member To Be Confirmed Toronto South - Member To Be Confirmed Toronto West - Member To Be Confirmed OTHER PUBLIC AGENCIES (Ex- officio) Environment Canada - Member John Marsden Ontario Ministry of Culture - Member To Be Confirmed Ontario Ministry of Natural Resources - Member John Almond Ontario Ministry of Agriculture and Food - Member Kevin Laidley Ontario Ministry of Environment - Member To Be Confirmed BUSINESS ORGANIZATIONS Member Randall Reid, Etobicoke Chamber of Commerce 241 ACADEMIC INSTITUTIONS Member Peter Mitchell, University of Guelph Member Brendan O'Hara, Don Bosco College Secondary School Member Anyika Tafari, Umoja Learning Circle Member Carmen Schlamb, Seneca College, King Campus COMMUNITY GROUPS Architectural Conservancy of Ontario Member Robert Hulley Afri -Can Food Basket Member Anan Lololi Alternate Tinashe Kanengoni Black Creek Project Member Sandy Agnew Alternate Steve Joudrey Brampton Heritage Member Larry Giles Alternate David Moote Citizens' Environment Watch Member Mike Logan Community Economic Development for Immigrant Women Member Iffat Zehra Alternate Dr. Tahir Everdale Organic Farm Member Wally Seccombe Farm Stan' Member Christie Young FoodShare Toronto Member Karine Jaouich Alternate Daniel Hoffman Friends of Claireville Member John Willetts Humber Arboretum Member Carole Dobson Humber Heritage Committee Member Mary Louise Ashbourne Alternate Joan Miles La Societe d'histoire de Toronto Member Rolande Smith West Humber Naturalists Member John Watson York Soll & Crop Improvement Association Member Hugh Mitchell CITIZEN MEMBERS Sean Stuart Town of Caledon Bill Wilson Town of Caledon 242 Heather Broadbent Town of Caledon John Milligan Town of Caledon John Abbott Town of Caledon Peter Swain Town of Caledon lain Craig City of Vaughan Deb Schulte City of Vaughan Joanne Nonnekes City of Vaughan Mike Mattos City of Toronto Karen Alison City of Toronto Jennifer McKim City of Toronto Robert Glover City of Toronto Miriam Mittermaier City of Toronto Tunde Miko City of Toronto Peter Telford City of Toronto Tony Flynn City of Toronto Madeleine McDowell City of Toronto Lynn Short City of Toronto David Hutcheon City of Toronto Bill Buchan City of Brampton Arshad Ali City of Brampton Sharon Bradley Town of Richmond Hill Lynda Rogers Township of King Ron Hingston Township of King Report prepared by: Lia Lappano, extension 5292 Emails: Ilappano @trca.on.ca For Information contact: Gary Wilkins, extension 5211; Adele Freeman, extension 5238 Emails: gwilkins @trca.on.ca; afreeman @trca.onn.ca Date: May 23, 2007 SECTION II - ITEMS FOR AUTHORITY INFORMATION RES. #A121/07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: David Barrow Linda Pabst THAT Ontario Regulation 166/06 items 8.1.1 - 8.1.52, inclusive, contained in Section II of Executive Committee Minutes #3/07, held on May 4, 2007, be received. CARRIED 243 RES. #A122/07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: David Barrow Linda Pabst THAT Section II items 8.2 - 8.5, inclusive, containe in Executive Committee Minutes #3/07, held on May 4, 2007, be received. Section II Items 8.2 - 8.5, Inclusive TENDER FOR PAVING ALBION HILLS AND INDIAN LINE CAMPGROUNDS (Executive Committee Res. #B39/07) MEDIA SERVICES FOR CORPORATE COMMUNICATIONS (Executive Committee Res. #B40/07) OUT OF COUNTRY TRAVEL (Executive Committee Res. #B41/07) WATER MANAGEMENT GUIDELINE (Executive Committee Res. #B42/07) TERMINATION ON MOTION, the meeting terminated at 10:35 a.m., on Friday, May 25, 2007. CARRIED Gerri Lynn O'Connor Brian Denney Chair Secretary- Treasurer /ks 244 THE TORONTO AND REGION CONSERVATION AUTHORITY MEETING OF THE AUTHORITY #5/07 June 22, 2007 The Authority Meeting #5/07, was held in the South Theatre, Black Creek Pioneer Village, on Friday, June 22, 2007. The Chair Gerri Lynn O'Connor, called the meeting to order at 10:09 a.m.. PRESENT Eve Adams Member Bryan Bertie Member Laurie Bruce Member Gay Cowbourne Member Grant Gibson Member Lois Griffin Member Jack Heath Member Colleen Jordan Member Glenn Mason Member Gerri Lynn O'Connor Chair Linda Pabst Member Maja Prentice Member Gino Rosati Member John Sprovieri Member Richard Whitehead Member ABSENT Paul Ainslie Member Maria Augimeri Vice Chair David Barrow Member Glenn De Baeremaeker Member Bill Fisch Member Rob Ford Member Suzan Hall Member Bonnie Littley Member Peter Milczyn Member Ron Moeser Member John Parker Member Anthony Perruzza Member Alissa Sugar Member 245 RES. #A123 /07 - MINUTES Moved by: Seconded by: Richard Whitehead Laurie Bruce THAT the Minutes of Meeting #4/07, held on May 25, 2007, be approved. CARRIED BUSINESS ARISING FROM THE MINUTES Resolution #A120/07 - Humber Watershed Alliance approves the membership of the Humber Watershed Alliance. The Black Creek Project members listed were incorrect and are hereby updated to be: Member - Gaspar Horvath Alternates - Mike Peppard and Susan Horvath PRESENTATIONS (a) Presentation of the Banrock Station Cup and Paddle to the Paddle the Don Corporate Canoe Challenge winner. (b) A presentation by Chris Glaisek, Vice President, Planning and Design, Waterfront Toronto, in regard to item 7.4 - Don Mouth Naturalization and Port Lands Flood Protection Project Environmental Assessment and Lower Don Lands International Design Competition (c) A presentation by Dave Rogalsky, Manager, Resource Management Projects, TRCA in regard to item 7.1 - Spring 2007 Planting Activities - Status Report. RES. #A124 /07 - PRESENTATIONS Moved by: Seconded by: Gino Rosati Gay Cowbourne THAT above -noted presentation (a) be heard and received. RES. #A125 /07 - PRESENTATIONS Moved by: Seconded by: Gay Cowbourne Bryan Bertie 246 CARRIED THAT above-noted presentation (b) be heard and received. CARRIED RES.#A126/07 - PRESENTATIONS Moved by: Seconded by: Colleen Jordan Maja Prentice THAT above-noted presentation (c) be heard and received. CARRIED SECTION I - ITEMS FOR AUTHORITY ACTION RES.#A127/07 - SPRING 2007 PLANTING ACTIVITIES Status Report. To report on the status of spring 2007 planting efforts. Moved by: Seconded by: Colleen Jordan Maja Prentice THAT the Toronto and Region Conservation Authority (TRCA) field staff from Restoration Services, and Stewardship and Outreach Education be recognized for their collective effort and contribution toward the successful implementation of spring 2007 planting programs and projects. AMENDMENT RES.#A128/07 Moved by: Seconded by: Gay Cowbourne Eve Adams THAT the following be inserted after the main motion: AND FURTHER THAT staff continue to work with municipalities in Toronto and Region Conservation Authority's jurisdiction to increase the tree canopy, particularly in urban areas. THE AMENDMENT WAS CARRIED THE MAIN MOTION, AS AMENDED, WAS CARRIED 247 THE RESULTANT MOTION READS AS FOLLOWS: THAT the Toronto and Region Conservation Authority (TRCA) field staff from Restoration Services, and Stewardship and Outreach Education be recognized for their collective effort and contribution toward the successful implementation of spring 2007 planting programs and projects; AND FURTHER THAT staff continue to work with municipalities in Toronto and Region Conservation Authority's jurisdiction to increase the tree canopy, particularly in urban areas. BACKGROUND TRCA has a long history of reforestation planting programs and initiatives. Over the past 25 years more than 2 million seedlings have been planted and historical summary records indicate that more than 4.9 million seedling reforestation trees have been planted throughout the TRCA's watersheds since 1956. In addition, TRCA plants a variety of other trees and shrubs in support of its corporate programming and regeneration activities. CURRENT PLANTING INITIATIVES In 2001, TRCA established a corporate reforestation goal to plant 1 million native trees and shrubs over the ensuing 5 year period under the banner of Reforestation for Biodiversity. The Reforestation for Biodiversity initiative is supported by all of the TRCA's planting programs including Valley and Stream Regeneration, Private Landowner Planting Assistance programs and TRCA's municipal environmental services partnerships. By 2006, that total reforestation goal had been achieved resulting in 1.07 million units being planted. During the spring 2007 planting period, TRCA staff, with the support of community volunteers, undertook the plantings of more than 164,000 units throughout the various watersheds. 2007 plantings by regional jurisdiction are: Region /Municipality 2007 2006 (Spring Period) Peel 34,848 63,519 York 49,085 71,665 Durham 69,940 21,169 Toronto 7,459 43,407 Mono/Adjala 3,070 6,221 TOTAL 164,402 205,981 It should be noted that 2006 figures provided are for a complete year while 2007 numbers represent only the spring period. A significant increase in reforestation in the Regional Municipality of Durham during 2007 is attributable to TRCA's ongoing partnership with Transport Canada to regenerate riparian habitat within the upper Duffins Creek watershed. The following table provides a summary of spring 2007 planting efforts by land ownership. The 2005 and 2006 planting totals are provided for comparison purposes. 248 Planting Period Private Lands TRCA Lands Municipal Lands Federal/ Provincial Lands Total Planted 2005 43,449 87,384 23,538 18,885 173,256 2006 47,816 124,767 30,213 3,185 205,981 Spring 2007 61,946 73,663 11,338 17,455 164,402 Assuming an average planting density of 2,250 units /hectare, the spring 2007 plantings equate to an area of approximately 72 hectares reforested. With continued effort and program support we are well positioned to surpass the 2006 planting totals. CHALLENGES FOR THE FUTURE Over the history of TRCA's plantings, much of the effort has been expended to reforest TRCA landholdings. While more opportunities exist to continue to address reforestation and habitat regeneration on TRCA lands, the supply of open and available public land is diminishing for large scale reforestation efforts. While we continue to address reforestation efforts on all types of landholdings, by far the largest proportion of available land for reforestation planting remains in private sector ownership. Staff is actively seeking to engage increasing numbers of private landowners and key stakeholder groups to enhance and increase our ability to achieve higher levels of reforestation. The 2007 private land efforts show an increase of approximately 30 percent over 2006 levels. Collectively, staff continue to work with other funding partners and agencies such as the Trees Ontario Foundation and Oak Ridges Moraine Foundation to coordinate and assist landowners in achieving their land management objectives while at the same time addressing TRCA's corporate and regional environmental targets. Report prepared by: Dave Rogalsky, extension 5378 Email: drogalsky @trca.on.ca For Information contact: Dave Rogalsky, extension 5378 Email: drogalsky @trca.on.ca Date: June 13, 2007 249 RES. #A129/07 - THE CLEAN WATER ACT, 2006 Anticipated Proclamation of the Act, July 3, 2007. Following the proclamation of the Clean Water Act, 2006 and promulgation of the first set of enabling regulations, the Toronto and Region Conservation Authority (TRCA), acting in its proposed role as lead Source Protection Authority for the CTC (Credit Valley, Toronto and Region and Central Lake Ontario conservation authority's) source protection region, will be required to move swiftly to finalize a Memorandum of Agreement amongst the CTC Source Protection Authorities, nominate a chair for the CTC Source Protection Committee (SPC), circulate for consultation the proposed composition of the SPC, request municipal councils to collectively identify and endorse municipal members, and request applications for sectoral and general public members. Moved by: Seconded by: Linda Pabst Gay Cowbourne THAT following the proclamation of the Clean Water Act, 2006, anticipated to be July 3, 2007, staff recommend to the Authority such action as will be necessary to adhere to the requirements of the Act and its attendant regulations and time lines. CARRIED BACKGROUND The Clean Water Act, 2006 was passed by the Ontario Legislature in 2006 and is slated for proclamation on July 3, 2007 along with promulgation of the first set of regulations. TRCA will be identified as the lead Source Protection Authority for the CTC Source Protection Region which covers the area under the collective jurisdiction of Credit Valley Conservation (CVC), TRCA and the Central Lake Ontario Conservation Authority (CLOCA). Staff has reported numerous times over the past five years on the outcome of Justice O'Connor's enquiry into Walkerton, the initially proposed Drinking Water Source Protection Act (earlier name) and the establishment of the interim CTC Source Protection Region. Also, staff has provided comments on white papers and Environmental Bill of Rights (EBR) postings regarding the Clean Water Act, 2006 and draft regulations. RATIONALE The identification of TRCA as the lead Source Protection Authority confers specific responsibilities on TRCA. For example, TRCA, acting as the lead Source Protection Authority, is required to nominate a slate of 3 candidates and make a recommendation to the Minister of the Environment for the position of Chair of the CTC Source Protection Committee. The chief administrative officers of CVC, TRCA and CLOCA have been working toward having a nomination package ready for endorsement by the CLOCA and CVC boards and for recommendation to the TRCA Authority. The nomination package will then be forwarded to the Minister of the Environment. The most recent draft of the regulations was posted in April, 2007. It had very specific and short timelines requiring the lead Source Protection Authority to act swiftly on a number of matters. The timelines proposed in the draft regulation for appointing the SPC are outlined in the attached flow chart entitled 'Proposed Timelines for Formation of SPC based on Draft Regulations' prepared by Conservation Ontario (Attachment 1). 250 Anticipating the promulgation of the Act and regulations on July 3, 2007, the first opportunity for TRCA to convene as the lead Source Protection Authority to deal with the initial important issues will be July 27, 2007. Staff is seeking clarification, in conjunction with Conservation Ontario, as to whether TRCA must reconstitute itself as the Toronto and Region Source Protection Authority (TRSPA) to carry out its legislated and regulatory duties both as a source protection authority for the source protection area that coincides with the TRCA boundaries and /or in its role as lead source protection authority for the whole of the CTC Source Protection Region. If the answer is "yes ", then there are a number of procedural matters that must be addressed at the outset of the inaugural meeting of the TRSPA. In addition, staff is seeking clarification of the need for additional liability insurance for the TRSPA members, and the chair and members of the SPC. This report is provided to alert members to the importance of the July 27th Authority meeting and the need to have sufficient members present to constitute a quorum to authorize staff to undertake the necessary actions. The meeting on July 27th is scheduled from 10 am to 12 noon, with regular TRCA business to be conducted first. DETAILS OF WORK TO BE DONE AS THE SOURCE PROTECTION AUTHORITY 1 CVC and CLOCA will be asked (following the proclamation of the Act and promulgation of regulations) to endorse the proposed Memorandum of Agreement (see item #3 below) and the slate of three nominees and the recommended candidate for the position of chair of the CTC SPC 'in camera' at their respective Authority meetings on July 13 and July 17, 2007. 2. If the TRSPA must constitute itself as a separate entity from TRCA to conduct business, then the first orders of business will be to appoint the chair and vice chair (i.e. the current TRCA Chair and Vice Chair), adopt rules of conduct (based on the current TRCA rules of conduct) and any other matter required to be able to formally execute its responsibilities as a lead source protection authority for the region and source protection authority within the TRCA boundaries. 3. The next order of business would be to approve the CTC Memorandum of Agreement as endorsed by CVC and CLOCA as source protection authorities. This Memorandum of Agreement will include but is not limited to, the responsibilities of each of the source protection authorities and the lead Source Protection Authority, governance and financial arrangements. 4. Next would be approval 'in camera' of the slate of three nominees and recommended candidate for position as chair of the CTC SPC to be forwarded to the Minister of the Environment for early decision. 5. The source protection authority then will be asked to endorse the proposed composition of the CTC SPC and advertise same for comments and seek applicants for sectoral and general public members. 251 6. Send a notice to all CTC municipalities of the requirement to jointly appoint municipal representatives. Work has already begun to consult with municipalities to identify options with respect to joint appointment of municipal representatives. Report prepared by: Adele Freeman, extension 5238, Beverley Thorpe, extension 5577 Email: afreeman @trca.on.ca For Information contact: Adele Freeman, extension 5238 , Jim Dillane extension 6290 Emails: afreeman @trca.on.ca, jdillane @trca.on.ca Date: June 11, 2007 Attachments: 1 252 Attachment 1 Proposed Timelines for Formation of SPC based on Draft Regulations Frapi$bd $ pc soft on #Irnnlinb en the &eh s124060 nrpt 1 et, A S 2s-2 ‹ EgE 0— –0 owl9E 1 hEI 253 J RES. #A130/07 - OUT OF COUNTRY TRAVEL National Ground Water Association Environmental Forensics Short Course, Fairlawn, New Jersey, June 26 -27, 2007. Approval for staff to travel outside Canada to attend a course in the United States of America. Moved by: Seconded by: Richard Whitehead Grant Gibson THAT approval be granted for Andrew Taylor, Hydrogeologist, TRCA, to attend the Environmental Forensics Short Course offered by the National Ground Water Association (NGWA) in Fairlawn, New Jersey from June 26 -27, 2007, at a cost not to exceed $1,500 including applicable taxes; AND FURTHER THAT Mr. Taylor make a presentation to the Watershed Management Advisory Board on the outcomes of the course. CARRIED BACKGROUND The Toronto and Region Conservation Authority (TRCA) policy on travel requires Executive Committee approval for staff travel outside of the country on TRCA business. As the opportunity for the course became available after the June Executive Committee meeting, staff is bringing this report to the Authority for approval. Founded in 1948, the NGWA provides guidance to members, government representatives and the public for sound scientific, economic and beneficial development, protection and management of the world's groundwater resources. One division of the NGWA, the Association of Ground Water Scientists and Engineers (AGWSE), includes geologists, hydrogeologists, engineers, regulators, researchers, academics and governmental employees actively involved in the groundwater industry. As part of their continuing professional education program (offered as short courses, workshops and conferences year- round), this two day course focuses on the components and application of environmental forensics for regulatory compliance. Forensic investigations that lead to possible hearings or litigation reconstruct past or on -going releases that impact /impair ground and surface water quality and possibly quantity. Such systematic investigations assist in presenting credible expert opinion and testimony. RATIONALE The Geoenvironmental group at TRCA provides technical expertise in the development and implementation of policies, programs and projects related to groundwater management and groundwater /surface water interactions from both the water quality and quantity perspectives. Hydrogeological staff should also be knowledgeable of environmental forensics in potential litigation cases, especially as expert opinion and testimony can be called upon (e.g. at Ontario Municipal Board (OMB) hearings). As TRCA is involved in source water protection and groundwater quality sampling and monitoring, staff would benefit from this specialized training relative to potential OMB hearings. Andrew Taylor is a hydrogeologist and currently provides technical expertise in the review of hydrogeological components of environmental assessments, master environmental servicing plans, development proposals and infrastructure installation projects. 254 This course will serve as professional development and training to upgrade Mr. Taylor's skills related to hearing preparation on groundwater issues. It will also provide 1.6 Continuing Education Units to satisfy the professional development requirements of the Professional Geoscientists Act, 2000. Mr. Taylor will report back to the Watershed Management Advisory Board regarding the outcomes of this training opportunity. FINANCIAL DETAILS The cost to attend this course, including registration, travel, meals and accommodation is estimated to be $1,500, including applicable taxes, and will be covered under Ecology account 115 -01 with funds identified in the 2007 Operating and Capital Budget. Report prepared by: Don Ford, extension 5369 Email: dford @trca.on.ca For Information contact: Don Ford, extension 5369 Email: dford @trca.on.ca Date: June 11, 2007 RES. #A131/07 - DON MOUTH NATURALIZATION AND PORT LANDS FLOOD PROTECTION PROJECT ENVIRONMENTAL ASSESSMENT Incorporating Winning Design Elements from Toronto Waterfront Revitalization Corporation's International Design Competition for the Lower Don Lands Into the Environmental Assessment for the Don Mouth Naturalization and Port Lands Flood Protection Project.. Authorization to pursue and execute a new Eligible Recipient Agreement with Toronto Waterfront Revitalization Corporation for the Don Mouth Naturalization and Port Lands Flood Protection Project Environmental Assessment that will include new funding to address the expanded study area and scope of work resulting from the TWRC's International Design Competition for the Lower Don Lands. Moved by: Seconded by: Gay Cowbourne Bryan Bertie THAT Toronto Waterfront Revitalization Corporation (TWRC) be congratulated for the excellent outcome of the International Design Competition for the Lower Don Lands which truly repositions the Mouth of the Don as a prominent feature within the City of Toronto; THAT the design team led by Michael Van Valkenburgh Associates, Inc. (MWA) be congratulated on winning TWRC's International Design Competition for the Lower Don Lands; 255 THAT appreciation be extended to the consultant team led by Gartner Lee Limited for their demonstrated flexibility to work through significant changes in scope of work and their willingness to consider innovative approaches to incorporate design excellence into the Environmental Assessment (EA) process; THAT staff be directed to proceed with revisions to the workplan and projected costs for the Don Mouth Naturalization and Port Lands Flood Protection Project Environmental Assessment (DMNP Project EA) in order to incorporate the results of TWRC's International Design Competition for the Lower Don Lands into the DMNP Project EA, including authorization to work with TWRC's winning design team led by MWA; THAT following authorization by TWRC, the contract for the consultant team led by Gartner Lee Limited be revised to reflect the amended workplan, schedule and budget for the DMNP Project EA; THAT appropriate TRCA officials be authorized and directed to take all necessary action to implement the foregoing, including the signing and execution of documents; AND FURTHER THAT staff report back when a preferred alternative for the DMNP Project EA has been determined through the EA process. CARRIED BACKGROUND As indicated in the background section of the report approved by Resolution #A232/06 of Authority Meeting #8/06, held on October 27, 2006, the Terms of Reference (ToR) for the EA for the Don Mouth Naturalization and Port Lands Flood Protection Project received approval from Ontario's Minister of the Environment on August 19, 2006. The DMNP Project will transform the existing mouth of the Don River into a sustainable and functional naturalized river mouth, while removing the risk of flooding to 230 hectares of land east and south of the river. Since receiving ministerial approval in August of 2006, staff, and the consultant team led by Gartner Lee Limited (GLL), have been proceeding with the development, refinement and evaluation of alternative methods as part of the EA process. As part of the development of alternative methods, Toronto and Region Conservation Authority (TRCA) coordinated a public land and water -based tour of the study area on Sunday October 14, 2006. Representatives of TWRC participated in the event and were able to see first hand the complexities of integrating the various projects within the Lower Don Lands (i.e. DMNP Project, eastern East Bayfront Precinct, Gardiner Expressway, Lakeshore Boulevard and Cherry Street intersection, Commissioners Park, etc.). TWRC, recognizing the complexity of this area, elected to undertake an International Design Competition for the Lower Don Lands, which was held between January and April, 2007. The objective of this competition was to provide fresh ideas for integrating the various potentially competing project objectives under a unifying vision for the area, whereby a naturalized mouth of the Don would provide a key focus for the future communities within the East Bayfront and Port Lands areas. 256 By January 29, 2007, 29 expressions of interest were received from 115 firms in response to the initial Request for Qualifications. Five jury members, including TRCA's Director, Planning and Development, reviewed the expressions of interest and selected 5 teams to develop design submissions for the competition. Within days, one of the five invited teams withdrew from further participation in the competition. In all, the competition brought four internationally - renowned multi - disciplinary design teams to Toronto to prepare schemes that integrate the development of a significant public realm associated with a new river mouth with concepts for sustainably- developed mixed -use neighbourhoods and restored natural areas. The four short- listed design teams included: Each team was required to incorporate the following design elements into their schemes: 1. Naturalize the Mouth of the Don River. 2. Create a Continuous Riverfront Park System. 3. Provide for Harmonious New Development. 4. Extend Queens Quay Eastward and Enhance the Road Network. 5. Prioritize Public Transit. 6. Develop a Gateway into the Port Lands. 7. Humanize Existing Infrastructure. 8. Enhance the Martin Goodman Trail. 9. Expand Opportunities for Interaction with the Water. 10. Promote Sustainable Development. The process had the active engagement of three review groups: • TRCA -GLL's DMNP Project EA team combined with TWRC's Joint Venture Project Management Team led by Marshall Macklin Monaghan (MMM); • staff from the City of Toronto; and • a Stakeholder Advisory Committee consisting of highly engaged local community and business leaders. The three review groups provided feedback to the four design teams at a mid -term review period in mid - March. The three review groups also provided a final evaluation of the four designs in early April which were forwarded to the Competition Jury for review in their selection of the winning design team. The jury consisted of architects Bruce Kuwabara, who chaired the jury, Renee Daoust and Charles Waldheim, photographer Edward Burtynsky and Morden Yolles, a structural engineer. The final design submissions were presented at an open public forum attended by over five hundred people, and the models were on display at BCE Place. At the commencement of the process, TWRC invited the general public to submit two pages of ideas and drawings that were all provided to the design teams in a briefing binder. After the designs were submitted, public comment forms were made available with the models, and the input from these general public submissions was provided to the Competition Jury. An overview copy of each design submission has been included as an attachment below. On Tuesday May 8, 2007, the design submitted by MWA and Ken Greenberg, entitled Port Lands Estuary, was identified by TWRC as the winning design of the competition. Key elements of the winning design as it relates to the DMNP Project EA include: • the retention of most of the Keating Channel; 257 • a new river channel that flows south and then west into the Inner Harbour with an approximate location halfway between the Ship Channel and Keating Channel; • a flood spillway into the Ship Channel; • the integration of park space and natural areas along the river corridor; • the retention and incorporation of the Gardiner Expressway into their design; • a project build -out, and soil remediation and management plan; and • a vision for the establishment of transportation infrastructure connecting Toronto with the Port Lands. As part of the technical review by TRCA -GLL's DMNP Project EA and MMM team and the jury's report, a number of elements in the winning design will be reviewed, evaluated and modified to ensure that the winning design elements are consistent with the goal and objectives of the DMNP Project EA. TWRC, the City of Toronto Waterfront Secretariat and the MWA design team have already been advised of this and are generally supportive of this assessment. Since May 9, 2007, TRCA staff and the Gartner Lee Limited consultant team have been working to best integrate the new river alignment and study area (as depicted in the MWA design) into the DMNP Project EA. As part of this process, an Executive Management Team consisting of TWRC, City of Toronto staff, TRCA staff and MWA project managers will be established to help streamline the direction and management of the various projects that will be coming out of this design competition process. TRCA will be publishing a newsletter and meeting directly with a number of stakeholders to advise of the next steps in the process. TRCA -GLL staff and TWRC are currently working closely together to revise the DMNP Project EA workplan, schedule, budget and eligible recipient agreement to provide the necessary funds to be representative of the greatly expanded study area and scope of work resulting from the outcome of TWRC's International Design Competition. DETAILS OF WORK TO BE DONE The DMNP Project EA team will work with TWRC, MWA, city departments and all stakeholders to expedite the integration of MVVA's winning design elements into the DMNP Project EA. TRCA will work closely with TWRC to develop a new work plan, budget, schedule and Eligible Recipient Agreement to address the greatly expanded study area and scope of work for the DMNP Project EA. TRCA will report back to the Authority once the EA process has identified a preferred alternative for the DMNP Project EA. FINANCIAL DETAILS The current authorized budget for the DMNP Project EA remains $3 million (which includes $1.2 million that was used for the Class EA for the Lower Don River West Remedial Flood Protection Project that was approved in 2004). The existing Eligible Recipient Agreement and authorized budget will undergo revisions based on the new study area and scope of work for the EA. Costs for the DMNP Project EA will continue to be tracked through the 191 accounts. Report prepared by: Ken Dion, extension 5230 Email: kdion @trca.on.ca For Information contact: Ken Dion, extension 5230 Email: kdion @trca.on.ca Date: June 5, 2007 Attachments: 4 258 Kra rut ,;rap — • ORT LANDS ESTUARY Prrtian ita ea OM. • na. cormal als:IA..* 'f feirralh M. Mil Mat MM.. ow r1i i rsnrrta F.IMMIMMMI M ..., 'I..rr ■ ni ii.1.011 lilt nil. r! ilt 14 h i'ts 111 +++ totr.terffaii .. 11 t h ...Y ih Mt T. �FA17wf1t 1.09M 0440 art* PiL urrtha ut 1 Linii16611 eirirhVa i i ,mat l Ia1i P'rlelli - 1 �ll�rl:1�1p paw. Ant Ina .111 !f Im b ih1 "haulm. a ow.. iiW Morf 8!� 1.y.�E8eii1/ Lima E .mil Cu Iwo, MFMMii.1411.01WM1 p 1ha 6,10.91 la.sr puar l In 4:'°. L WNW L}u- aaP.ta � .P�II h�a4 treilraim fr an Um. mel::41a ■"!. 11:rs 1 .i npa dbra•ia7r .. ..,l 111 I r_ ;Yf+a a 1 .1 1,. h : 6adiiMr r#, Ifdal, lied IlLfY Tlai tiilf dldl lYf !!ail u'r u1T_1r10`1 l I In _r:i. I, Ir.d.nu. [qura n:ai1` fe.ii rains.' MO cerh. drkrt'cs!!.. ur.n �� ■ °U IJa rn,i'ukrip 1hew L- Va:ER i{rvid pa re 10,1 1. 1 h ers Ila. HA un.. u e= a 6iia iai 11. Mlww, 1' a.a Iry gull. 41 as :=a a:ann i:1 Le.r MAU.. IrfiYY ll.i will. 1 t Y the "%IC, n.}_1 Trion Y.f.Yif k'a- t.kitiMbn rnthraPzalF° :!•,e e.? I'. .mow �rr� c.�, �.•K�''es'. Ilra sreiaci rru P41. 7art'^. kla�:n ■ ^� H11 a.L i■ nra ,• i -- 4 . •r. ®..,. •yllallsi and Malualep.iral nor Nadal. • .lio-d d 1n, 1l.. IIraY c_ =FB! r 1 -,,! • a3 c aimum a irtrla. r,} "ems Fiilir�j l:?srin. MA TEAM To= Lam. 1 lnla,�r 1 r . Otiatiailz WO. . Pif t inane. wit -.amppetelui. Me 120 IC 0 16.0 iii.irolan nrr.Y+�l. Girt Ewa., Ulm. Of I�irY'1Yay1. iP1 Lit IA... ■ iilflMi. tie . Mi. Apia. Ovidwrig Nrobind 1�l.ard,,ar12 anima. Rim. RR MPI....ts.1. # lidki.i l tllfi.i iii ..Y LYf rtl. re Ir+ii■ igiukta ::itiEi•'Ir h... 111 DON MOUTH PARK TORONTO Don River-flaw My to a continuauswaterfront park system , City urban-Ravi L.-principle Don Mouth Park rimr-itcw meets urban-kw Don Mouth Park & Downtown INTRODUCTION 1. so I I. lia. Park Tursink LILL tairohla waarliaciur rands.pg for rang Com LumaL Islomps kmd h. de am • ar. I...? Thik ekalle. mt. I. 12.1.1.ammEkr..da 1.1ps Urn.. Me M. I ...rem,. "mho Lew ram Lmda lue ==0:1 Itai="h1.. ItEmmrkmd rase • merlern p ra. din ma H. Fmk ermmi ME▪ C.. MT1 .1 la a mundds ama.tamd =sin. sm Ir... rkm ma . Ir.. Di • Mom Pmk sri II aim r luaml • Ma 1. ma nmienmnicn rb letr m mrolp ammlans al .fra eta mapmMis "arm. the PI INIFINIE cm nrhad rm.. E. mu L.. me ma m. app.. rrado IV la rail..na 1 be . Me. 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I. arni atthrip'oemmIL franmd=a nomn Ir41%.1.1"'"Mmrilmzinia locd. be malact • dm Is Plrai alLs. pp I. dimail■ el Ma pi. F.. dime Iter 2116 . a41x•ma lir ands .1 leklina Tim ...MI I km w.113.1... ta I. amm• Wm... clpe nrm.M. TY ■ti ho la pro. aa ImmiaL . ergeriLlm ams r Tworn I wa r larbde ma Fa l■ in en M.. ma ml cp. fa due.. mmi p ba■ ormrdrad I.. -ire a med. . Dm dim. am.. Eck.. In rnmrami am. p relan ala ZTuewuoBIT' Attachment 3 di..13 °' ,gym..bitS Ids CrtAE, alongside l i° r 5, f; . =-- " m I i •dl'LttedIv ieflect its i,gr m ciiger1ous site. rx�Lr.: 6� inlglflr v.'_Ir�l'Ir IIIIL;k F, One L1' '. ! rnmc mr.ith of tlnie Zion elr rieLy d and I r_,$establlslied ec_ologicLi r5 t' between iiw e, ,nd 1.1,e, en. pif'W ?"d Iclp `'r bet, ': river ecologies + robust 1.. henr:SI -i + resilient vita" ety TEAM 01 FIRST THE RIVER RENEW THE DON r�ercrceerrpaedI1c rIrta k 1- ErdatsUor,cl atrgarcF Ixa1�,l Interface ye=w, r,er arc aFe. t!il'ilJ� alert char iti :ak O, al rcl,• Lia a;•amilentt e.n-cthcft, =G:r Fett-alued. 4J? o, srrch wrr ec:iaaca as erc Ir cf scale w- Ls + a er- s,exi. Free r,r, .±e L:cr, re ?r4rmte r=da ,rq space for the I J k:. 1,r d-e. 3,1cate t rarr.!1 v.'llh Im2RL4P., Y 3E I.:RCi4I;Y OWIR11-5, in nrip,.h`9h- F:I °LtiR•Ld4RC :H I E4 *R t I, RI.,ItS I FLAK IA1 FCJY. FI'sh kl.s.R 'tHUIrYI:EkI 41. 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LO2k :146 `{FLIT rIS4k;3I FR'_M Ott WW1 rm G6'_DI ma RE- ENGAGE THE EITV 1.7 tuda, cacti -s spare,. �,e ,enessec Lon beccm eJ a = fe'',ar :e c Ice agar, q-1 ; ISe b a .xF„ Fab - -.at and br ±Jltia 1,1.3L.r1 for 1rldl,e. arc st ca,9c Tre. `a'1e cf la,lcau!e-1 °- barrsr a greet {rip' Stn.Ct°J"e{ 261 CHALLENGE AND OPPORTUNITY e.21,14101 Dikr-.14,4 .1,11,11114 . ; ',W.', al Ikaaia iffit 1,111.174.. olij. ltzlIKU 'III an qpiptotpoir • • a ", a• , al • 11,44, "Alkkti DI, 4,, • ; a "fl.t.411 141.111.,11. crsrsirsup.11,- • turniiffre• um. Mik.11, araf., 4,1, Lai,1,444 -44-0 vo6LX,Il r4444.,16,t O.) . a• J,1 -rerw UMW( gat'Ply0.0 PREPOEIED ilREBOVae TOROMMIS LOWER CON LANDS In mem aliva Med Campatlition .11.01 Rirellikairkre Colputist. 14,16. ...4,4,rdwars SPEtla Engiror. E•mirr44, " an, 1 0 4 5 1 1 " ' a Nitinti NM Si rub, p kTRKT = - - • • , di 41 - 11 - 4 4 - ' MI DITLA — V'ET 141:117111 LABE 521443130- ° • • • r FUF4.111, a a • . • RAIN15.tir. 17 TuewuoBITb MOTION TO GO IN CAMERA RES. #A132 /07 Moved by: Seconded by: Lois Griffin Jack Heath THAT the committee move into closed session to discuss item 7.6 - Greenlands Acquisition Project for 2006 -2010. CARRIED ARISE AND REPORT RES. #A133 /07 Moved by: Seconded by: Gay Cowbourne Maja Prentice THAT the committee arise and report from closed session. CARRIED RES. #A134 /07 - GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Port Union Waterfront Improvement Project, CFN 12143 and CFN 36497. Moved by: Seconded by: Gay Cowbourne Laurie Bruce THAT confidential item 7.6 - Greenlands Acquisition Project for 2006 -2010, be approved; AND FURTHER THAT staff report back when the item is completed and can be made public. CARRIED RES. #A135 /07 - GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Don River Watershed 1275621 Ontario Inc., CFN 37665. Purchase of property located south of Major Mackenzie Drive, east of Dufferin Street, City of Vaughan, Regional Municipality of York, under the "Greenlands Acquisition Project for 2006 - 2010 ", Flood Plain and Conservation Component, Don River watershed. (Executive Res. #B45/07) Moved by: Seconded by: Linda Pabst John Sprovieri 263 THAT 0.08 hectares (0.18 acres), more or less, of vacant land being Part of Lot 20, Concession 2 and designated as Block 56 on a draft Plan of Subdivision prepared by Schaeffer & Dzaldov Limited, Ontario Land Surveyors, under their Job No. 03- 553 -OOC, dated April 17, 2007, City of Vaughan, located south of Major Mackenzie Drive, east of Dufferin Street, be purchased from 1275621 Ontario Inc.; 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 appropriate TRCA officials be authorized and directed to take the necessary action to finalize the transaction including execution and signing of all necessary documentation. CARRIED RES. #A136/07 - GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Duffins Creek Watershed, Hyang -Yom Kwak, CFN 37783. Acquisition of a partial taking, located east of Brock Road, north of Uxbridge- Pickering Townline, Township of Uxbridge, Regional Municipality of Durham, under the "Greenlands Acquisition Project for 2006 - 2010 ", Flood Plain and Conservation Component, Duffins Creek watershed. (Executive Res. #B46/07) Moved by: Seconded by: Linda Pabst John Sprovieri THAT 1.23 hectares (3.05 acres), more or less, consisting of an irregular shaped parcel of vacant land, said lands being Part of Lot 2, Concession 5, Township of Uxbridge, Regional Municipality of Durham, further described as being Part 3 on Plan 40R- 24615, situated east of Brock Road, north of Uxbridge- Pickering Townline, be purchased from Hyang -Yom Kwak; THAT the purchase price be $2.00; THAT Toronto and Region Conservation Authority (TRCA) receive conveyance of the land required free from encumbrance, subject to existing service easements; 264 THAT Gardiner Roberts, Barristers and 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 appropriate TRCA officials be authorized and directed to take the necessary action to finalize the transaction including execution and signing of all necessary documentation. CARRIED RES. #A137/07 - GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component Duffins Creek Watershed The Corporation of the Township of Uxbridge, CFN 37783. Purchase of a property located east of Brock Road, north of the Uxbridge- Pickering Townline, Township of Uxbridge, Regional Municipality of Durham, under the "Greenlands Acquisition Project for 2006 - 2010" Flood Plain and Conservation Component, Duffins Creek watershed. (Executive Res. #B47/07) Moved by: Seconded by: Linda Pabst John Sprovieri THAT 0.005 hectares (0.012 acres), more or less, of vacant land, being Part of Lot 2, Concession 5, Township of Uxbridge, Regional Municipality of Durham, further described as being Part 7 on Plan 40R- 24615, situated east of Brock Road, north of the Uxbridge- Pickering Townline be purchased from The Corporation of the Township of Uxbridge; 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 Gardiner Roberts LLP, Barristers and 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 appropriate TRCA officials be authorized and directed to execute all necessary documentation required. CARRIED 265 RES. #A138/07 - THE REGIONAL MUNICIPALITY OF YORK Request for a Permanent Easement for an Access Road to Upgrade and Maintain the West Rainbow Creek Sanitary Trunk Sewer, Humber River Watershed, CFN 39199. Receipt of a request from The Regional Municipality of York to provide a permanent easement for an access road to upgrade and maintain the West Rainbow Creek Sanitary Trunk Sewer, north of Steeles Avenue, east of Kipling Avenue in the City of Vaughan. (Executive Res. #B48/07) Moved by: Seconded by: Linda Pabst John Sprovieri THAT WHEREAS Toronto and Region Conservation Authority (TRCA) is in receipt of a request from The Regional Municipality of York to provide a permanent easement for an access road to upgrade and maintain the West Rainbow Creek Sanitary Trunk Sewer, north of Steeles Avenue, east of Kipling Avenue in the City of Vaughan; AND WHEREAS it is in the opinion of TRCA that it is in the best interest of TRCA in furthering its objectives, as set out in Section 20 of the Conversation Authorities Act, to cooperate with The Regional Municipality of York in this instance; THEREFORE LET IT BE RESOLVED THAT a permanent easement containing a total of 0.46 hectares (1.12 acres), more or less, be granted to The Regional Municipality of York for the construction of an access road, said land being Part of Lot 2, Registered Plan 9691, City of Vaughan, Regional Municipality of York, designated as Part 10 on Plan 65R- 28664; THAT consideration is to be the nominal sum of $2.00, plus all legal, survey and other costs to be paid by The Regional Municipality of York; THAT The Regional Municipality of York is to fully indemnify and save harmless TRCA from any and all claims for injuries, damages or loss of any nature resulting in any way either directly or indirectly from this easement or the carrying out of construction; THAT an archaeological investigation be conducted before any site disturbance with any mitigative measures required being carried out all at the expense of The Regional Municipality of York; THAT a permit pursuant to Ontario Regulation 166/06 be obtained prior to the commencement of construction; THAT all TRCA valley 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; 266 THAT the granting of this easement is subject to the 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 the appropriate TRCA officials be authorized and directed to take whatever action may be required to give effect thereto, including the obtaining of necessary approvals and the execution of any documents. CARRIED RES. #A139/07 - REGIONAL MUNICIPALITY OF PEEL Request for a permanent easement for a Passive Gas Ventilation System, City of Brampton, Regional Municipality of Peel Etobicoke Creek Watershed, CFN 39213. Receipt of a request from the Regional Municipality of Peel to provide a permanent easement for a passive gas ventilation system at the east end of Centennial Park, located south of Clarence Street and west of Centre Street. (Executive Res. #B49/07) Moved by: Seconded by: Linda Pabst John Sprovieri THAT WHEREAS the Toronto and Region Conservation Authority (TRCA) is in receipt of a request from the Regional Municipality of Peel to provide a permanent easement for a passive gas ventilation system, at the east end of Centennial Park, located south of Clarence Street. and west of Centre Strett; 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 a permanent easement containing a total of 0.27 hectares (0.68 acres), more or less, be granted to the Region of Peel for a passive gas ventilation system, said land being at the east end of Centennial Park, located south of Clarence Street and west of Centre Street, City of Brampton, Region of Peel, designated as Parts 2 -4 (inclusive) on Draft Plan prepared by Marshall Macklin Monaghan OLS, under job number 20 -07- 005 -00 -000 and file name 07005_R01.DWG.; THAT consideration be the nominal sum of $2.00, plus all legal, survey and other costs to be paid by the Region of Peel; THAT the Region of Peel 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 this easement 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 Region of Peel; 267 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 easement 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 the appropriate TRCA officials be authorized and directed to take whatever action may be required to give effect hereto, including the obtaining of necessary approvals and the execution of any documents. CARRIED RES. #A140/07 - LAND EXCHANGE Slokker Canada Corporation and the Township of King Humber River Watershed, CFN 39231. Receipt of a request from Slokker Canada Corporation to convey lands to the Township of King for a stormwater management pond, in exchange Slokker Canada Corporation will convey to TRCA valley and buffer lands in the vicinity of the Slokker Subdivision located in Parts Lot of 7 -10 (inclusive), Concession 8 in the Township of King, Regional Municipality of York. (Executive Res. #B50/07) Moved by: Seconded by: Linda Pabst John Sprovieri THAT WHEREAS the Toronto and Region Conservation Authority (TRCA) is in receipt of a request from Slokker Canada Corporation to convey lands to the Township of King for a stormwater management pond, in exchange Slokker Canada Corporation will convey to TRCA valley and buffer lands in the vicinity of the Slokker Subdivision located in Parts Lot of 7 -10 (inclusive), Concession 8 in the Township of King, Regional Municipality of York; WHEREAS it is in the opinion of TRCA that it is the best interest of TRCA in furthering its objectives, as set out in Section 20 of the Conservation Authorities Act, to proceed with an exchange in this instance; THEREFORE LET IT BE RESOLVED THAT TRCA provide lands for a stormwater management pond in exchange for valley and buffer lands on the following basis: 268 (a) Slokker Canada Corporation will convey to TRCA parcels of land containing 15.37 hectares (38 acres), more or less, shown on a sketch prepared by Schaffer & Dzaldov Ltd., OLS; (b) TRCA will convey to the Township of King a parcel of land containing 3.23 hectares (8 acres), more or less shown on a sketch prepared by Schaffer & Dzaldov Ltd., OLS; (c) Slokker Canada Corporation to pay the survey costs; THAT TRCA enter into a management agreement with the Township of King for the lands acquired from Slokker Canada Corporation; THAT TRCA receive conveyance of the land free from encumbrance, subject to existing service easements; THAT the firm of Gardiner Roberts LLP, 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 appropriate TRCA officials be authorized and directed to take whatever action may be required to give affect thereto, including the obtaining of any necessary approvals and the execution of any documents. CARRIED RES. #A141/07 - 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 commencing November 1, 2006. (Executive Res. #B51/07) Moved by: Seconded by: Linda Pabst John Sprovieri 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. CARRIED 269 RES. #A142 /07 - HIGHLAND CREEK EMERGENCY BANK STABILIZATION PROJECT Morningside Avenue Bridge, City of Toronto. Award of Contract RSD07 -06 for the supply and delivery of approximately 8,500 tonnes of angular stone. (Executive Res. #B52/07) Moved by: Seconded by: Linda Pabst John Sprovieri THAT Contract RSD07 -06 for the supply and delivery of approximately 8,500 tonnes of 800 mm to 1200 mm angular stone to the Highland Creek Emergency Bank Stabilization Project be awarded to Belmont Rose Granite Corporation at a total cost not to exceed $340,000, plus applicable taxes, it being the lowest tender that met Toronto and Region Conservation Authority (TRCA) specifications. CARRIED RES. #A143 /07 - EXCHANGE OF LANDS (Executive Res. #B51/07) Moved by: Seconded by: Linda Pabst John Sprovieri THAT confidential item 8.9 - Exchange of Lands, be approved; AND FURTHER THAT staff report back when the item is completed and can be made public. CARRIED RES. #A144 /07 - VALLEY HALLA PROPERTY - TORONTO ZOO Lease Agreement with Liberty Entertainment Group Inc. for the restoration, operation and maintenance of the Valley Halle Property - Toronto Zoo, CFN 35903. Receipt of a request from the Board of Management of the Toronto Zoo for approval from Toronto and Region Conservation Authority to enter into a lease with Liberty Entertainment Group Inc. for the restoration, operation and maintenance of an event /function space, and health and wellness centre, at the Valley Halle property - Toronto Zoo, Rouge River watershed. (Business Excellence Res. #C26/07) Moved by: Seconded by: Grant Gibson Maja Prentice 270 THAT WHEREAS the Board of Management of the Toronto Zoo manages certain Toronto and Region Conservation Authority (TRCA) lands including the Valley Halla property pursuant to an agreement between TRCA and the City of Toronto dated April 28, 1978; WHEREAS TRCA is in receipt of a request from the Board of Management of the Toronto Zoo, for approval from TRCA, to enter into a lease with the Liberty Entertainment Group Inc. for the Valley Halla Property; AND WHEREAS it is in the opinion of TRCA that it is in the best interest of TRCA in furthering its objectives, as set out in Section 20 of the Conservation Authorities Act, to enter into the subject lease in this instance; THEREFORE LET IT BE RESOLVED THAT approval be granted to the Board of Management of the Toronto Zoo, to enter into a lease with Liberty Entertainment Group Inc., for the restoration, operation and maintenance of an event /function space, health and wellness centre subject to the following conditions; 1) the lease be on terms and conditions satisfactory to TRCA staff and solicitors; 2) the lease be subject to the approval of the Board of Management of the Toronto Zoo; THAT the restoration and adaptive use plan will generally follow the Liberty Entertainment Group Inc., Valley Halla Business proposal RFP #39 (2005 -11); THAT the said lease be subject to obtaining approval of the Minister of Natural Resources in accordance with Section 21(2) of the Conservation Authorities Act, R.S.O. 1990, C.27, as amended, if required; THAT The Rouge Park Alliance be so advised; AND FURTHER THAT appropriate TRCA officials be authorized and directed to take all necessary action to implement the lease including the signing and execution of documents. CARRIED RES. #A145/07 - ENERLIFE CONSULTING INC. Agreement with Toronto and Region Conservation Authority. Recommending approval of an agreement between Toronto and Region Conservation Authority and Enerlife Consulting Inc. for the ongoing delivery and development of The Living City programs, specifically; Mayors' Megawatt Challenge, Greening Health Care; Sustainable Schools; Home Energy Clinic and the Community Scorecard. (Business Excellence Res. #C27/07) Moved by: Seconded by: Grant Gibson Maja Prentice 271 THAT approval be granted for Toronto and Region Conservation Authority (TRCA) to enter into a Memorandum of Understanding (MOU) with Enerlife Consulting Inc. for the development and delivery of key programs for The Living City, including Mayors' Megawatt Challenge, Greening Health Care, Sustainable Schools, Home Energy Clinic and the Community Scorecard; THAT appropriate TRCA officials be authorized and directed to take whatever action may be required to give effect thereto including the signing of documents; AND FURTHER THAT staff be directed to report back to the Authority on an annual basis, with an update on the status of the business relationship. CARRIED RES. #A146 /07 - SMARTCENTRES Memorandum of Understanding. Authorization for staff to negotiate a Memorandum of Understanding with SmartCentres for sponsorship in support of the Greening Retail program. (Business Excellence Res. #C28/07) Moved by: Seconded by: Grant Gibson Maja Prentice THAT staff be directed to negotiate a Memorandum of Understanding (MOU) with SmartCentres to become a major sponsor of the Greening Retail program; THAT the final terms and conditions of the MOU be satisfactory to Toronto and Region Conservation Authority (TRCA) staff and solicitors; AND FURTHER THAT TRCA designated signing officers be authorized and directed to take such action as is necessary to execute the MOU including obtaining all necessary approvals and signing of documents. CARRIED RES. #A147 /07 - TORONTO REGIONAL CENTRE OF EXPERTISE ON EDUCATION FOR SUSTAINABLE DEVELOPMENT, UNITED NATIONS UNIVERSITY Memorandum of Understanding. Recommendation to enter into a Memorandum of Understanding with the City of Toronto and other organizations and institutions to participate in the governance and activities of the Toronto Regional Centre of Expertise. (Business Excellence Res. #C29/07) Moved by: Seconded by: Grant Gibson Maja Prentice 272 WHEREAS in March 2005, the Mayor of the City of Toronto wrote to the United Nations University requesting that the City of Toronto be included in an international network of Regional Centres of Expertise on Education for Sustainable Development; WHEREAS Toronto received this recognition in May 2005; WHEREAS the Toronto Environment Office has since worked locally to build a network of education for sustainable development (ESD) stakeholders to form a Steering Committee for the Toronto Regional Centre of Expertise on Education for Sustainable Development (Toronto RCE); WHEREAS Toronto's RCE aims to strengthen communication, coordination and collaboration among ESD stakeholders in the Toronto region; WHEREAS the Toronto and Region Conservation Authority (TRCA) is committed to education for sustainable development pursuant to its strategic plan, The Living City; AND WHEREAS the Toronto RCE initiative supports the work and partnerships of the TRCA in education for sustainable development; THEREFORE LET IT BE RESOLVED THAT TRCA enter into a Memorandum of Understanding with the City of Toronto and other committed organizations and institutions (which as of May 2007 include the founding members of the Toronto RCE, being the University of Toronto, York University, Seneca College, Toronto District School Board, Citizens' Environment Watch, Environment Canada, Education Alliance for a Sustainable Ontario, and Toronto Zoo) to participate in the governance and activities of the Toronto RCE for a term of two years; THAT the Memorandum of Understanding not obligate the TRCA to provide any direct financial contribution to the Toronto RCE; THAT the TRCA's Senior Manager, Education, or such position as TRCA may decide, be named as the TRCA representative on the Toronto RCE Steering Committee; AND FURTHER THAT the appropriate TRCA officials be authorized and directed to take whatever action may be required to give effect thereto, including the obtaining of any necessary approvals and the execution of any documents. CARRIED RES. #A148/07 - COLLABORATIVE SOURCE WATER PROTECTION STUDY FOR LAKE ONTARIO BASED MUNICIPAL DRINKING WATER SUPPLIES Watershed Loadings Assessment Study Progress Report. Outcomes from the Phase 1 Study with Environment Canada estimating nutrient and suspended solids loads to Lake Ontario. (Watershed Mgt. Res. #D 18/07) 273 Moved by: Seconded by: Richard Whitehead Gay Cowbourne THAT the Toronto and Region Conservation Authority (TRCA), as the CTC (Credit Valley Conservation, Toronto and Region Conservation Authority and Central Lake Ontario Conservation Authority) watershed region lead, continue to work with Environment Canada on pollutant loadings assessments for watersheds draining into Lake Ontario; AND FURTHER THAT staff be authorized and directed to take such actions as is necessary to participate in this study. CARRIED RES. #A149 /07 - OAK RIDGES CORRIDOR PARK (Kettle Lakes Nature Reserve at Richmond Hill) 2007 Implementation. Approval of the 2007 Workplan for Site Securement, Monitoring and Habitat Restoration. (Watershed Mgt. Res. #D 19/07) Moved by: Seconded by: Richard Whitehead Gay Cowbourne THAT THE 2007 workplan for site securement, monitoring and habitat restoration in the Oak Ridges Corridor Park be approved; AND FURTHER THAT the workplan be subject to approval of the Ministry of Municipal Affairs and Housing and owners of the land. CARRIED RES. #A150 /07 - ARSENAL LANDS /MARIE CURTIS PARK WEST MASTER PLAN ADDENDUM City of Mississauga (Region of Peel) /City of Toronto. Approval of the Arsenal Lands /Marie Curtis Park West Master Plan Addendum and direction to prepare agreements relating to park development and long -term management and operation with the City of Mississauga and the City of Toronto. (Watershed Mgt. Res. #D20/07) Moved by: Seconded by: Maja Prentice Eve Adams THAT the Arsenal Lands /Marie Curtis Park West Master Plan Addendum, dated November 2006, be approved; 274 THAT the Arsenal Lands /Marie Curtis Park West Master Plan Addendum be submitted to the City of Mississauga and the City of Toronto for approval; THAT staff be directed to prepare agreements for park development and long -term management and operation of the Arsenal Lands /Marie Curtis Park West in consultation with the City of Mississauga and the City of Toronto; THAT TRCA's contribution to the partnership funding for the implementation of the Arsenal Lands /Marie Curtis Park West Master Plan Addendum be included in Toronto and Region Conservation Authority's (TRCA) 5 year capital budget plan (2008- 2012); AND FURTHER THAT the City of Mississauga, the City of Toronto and the Region of Peel be so advised. SECTION II - ITEMS FOR AUTHORITY INFORMATION RES. #A151 /07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: Linda Pabst John Sprovieri CARRIED THAT Ontario Regulation 166/06 items 8.10.1 - 8.10.72, inclusive, contained in Section II of Executive Committee Minutes #4/07, held on June 1, 2007, be received. RES. #A152 /07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: Linda Pabst John Sprovieri CARRIED THAT Section II items 8.11 - 8.13, inclusive, contained in Executive Committee Minutes #4/07, held on June 1, 2007, be received. CARRIED Section II Items 8.11 - 8.13, Inclusive APPOINTMENT OF ENFORCEMENT OFFICER (Executive Res. #B57/07) OUT OF COUNTRY TRAVEL (Executive Res. #B58/07) REQUEST FOR DISPOSAL OF TRCA -OWNED LAND (Executive Res. #B59/07) 275 SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD RES. #A153/07 - PADDLE THE DON 2007 Event Summary. To provide an overview of the 2007 Paddle the Don event. Moved by: Seconded by: Gino Rosati Gay Cowbourne THAT the staff report on the 2007 Paddle the Don be received. CARRIED BACKGROUND Paddle the Don is a popular event that has been held the first Sunday in May for 14 years. The event is a collaborative effort of Toronto and Region Conservation Authority (TRCA), The Conservation Foundation of Greater Toronto (CFGT), the Wilderness Canoe Association and the Don Watershed Regeneration Council, along with the support of many dedicated staff, volunteers and generous sponsors and supporters (including the City of Toronto). This year's event was held on Sunday, May 6, 2007 and was the most successful yet, attracting outdoor enthusiasts from across southern Ontario. A total of 418 paddlers in 198 canoes and kayaks participated. There was also a waiting list of close to 100 individuals interested in participating. The event begins at Ernest Thompson Seton Park (Leslie Street and Eglinton Avenue in the City of Toronto) and ends at the mouth of the Don River in the Keating Channel. The trip is approximately 15 kilometres in length and takes most participants about 2.5 hours to complete. River conditions vary along the route and include sharp turns and challenging rapids near the launch, and slower moving water as the river straightens and becomes wider closer to Lake Ontario. There are three weirs that participants must portage their canoes and kayaks around. If required, TRCA will augment the flows along the west branch of the Don River where the event takes place to ensure it is navigable for paddlers by releasing water from the G. Ross Lord Reservoir approximately four hours before the first canoes launch at 9:00 a.m. For this reason, only a limited number of canoes and kayaks can be launched while water levels remain high. Levels begin to subside around noon, at which time the last participants are launched. A new website (www.paddlethedon.ca) was launched in March, 2007 and contributed to increased interest in this year's event. Highlights of the website included an online registration function for paddlers and corporate teams, a challenge a friend /corporation button, downloadable route maps and pledge forms, safety information, a frequently asked questions section, a partners and sponsors page (including links to their websites), a media page and a photo gallery. The website was updated with new information for paddlers on a regular basis. Registered participants were notified when updates were added. 276 Providing a safe and enjoyable event from the launch to the take -out is of the utmost importance to staff organizing the event. This year, over 100 volunteers lent a hand to make the event a success. Experienced paddlers from the Wilderness Canoe Association and the 14th Willowdale Scout Group made up over half of these volunteers and assisted paddlers at both the launch and take -out as well as at each of the portages. Three TRCA safety staff were also stationed in vehicles along the route to support the 'Weir Watchers' and to be available in case of an emergency. A final 'sweep' crew consisting of two experienced paddlers (one TRCA staff member) was the last canoe to launch. Their duty is to travel the length of the river ensuring that all of the participants have successfully reached the final take -out point. In addition, the Toronto Police Marine Unit Auxiliary staff provided safety assistance along the route and checked watercraft before they were put into the river at the launch site. Due to the challenging nature of the river conditions, paddling the Don River is not recommended for beginners or for those who are not comfortable navigating through rapids or other obstacles. Important safety information is provided to participants in the brochure and on the website. An Event Safety Plan is updated each year, reviewed by staff and provided to the Marine Unit. Until 2002, Paddle the Don was viewed mainly as a means to celebrate the Don River and raise public awareness. Historically, fundraising at the event was limited to a coin box and some in -kind contributions from a few corporations; generally around $1,000 was raised. In 2002, the Don Watershed Regeneration Council spearheaded an initiative to collect donations from individual canoeists through the use of sponsorship forms and prize incentives. Approximately $9,400 was raised through this small fundraising activity. Based on this response, it was quickly realized that the Paddle the Don event presented a more significant fundraising opportunity. To that end, in addition to individual fundraising efforts, a corporate fundraising component was added to the event. The Paddle the Don Corporate Canoe Challenge was initiated in 2003 with the support of staff at CFGT, TRCA and the Don Watershed Regeneration Council. The corporate challenge has grown each year for the past 5 years, with just 2 companies participating in 2003, compared to 17 in 2007. The winner of the challenge is the corporation that raises the most money of all the corporate competitors. Participation in the event also benefits corporations by providing a fun and unique team building opportunity for companies to become involved. In 2005, Banrock Station Wines became the official sponsor of the Corporate Canoe Challenge. This year, corporate teams brought in over $32,600. $7,280 of that total was raised by the Liquor Control Board of Ontario (LOBO), this year's Corporate Challenge winner. A Post - Paddle Party' was held at the take -out site along the Keating Channel following this year's paddle to celebrate the Don River and draw attention to some of the projects and activities that are currently underway in the watershed. Highlights of the celebration included the release of Forging a New Deal for the Don, the 2006 Don Watershed Progress Report, and information and displays showcasing the four proposals put forward through the Toronto Waterfront Revitalization Corporation's (TWRC) International Design Competition for the Lower Don Lands. A barbeque and product samples provide by Banrock Station Winery added to the event. 277 Boat tours around the eastern Inner Harbour aboard the Island Princess featured a view of conditions within the project area identified in TWRC's International Design Competition. Speakers from TWRC and TRCA were aboard, as well as Mr. Michael Moir, an Archivist from York University. Mr. Moir provided commentary on the industrial history around the Toronto Port Lands area. Media coverage of the 2007 Paddle the Don was excellent and included reports by Global TV, CFTO, CITY TV, CP 24, 680 News, The Toronto Star, The National Post, Now Magazine, 24 Hours and Beach /Riverdale Mirror. A post -event interview on Rogers TV's `Daytime' show in Richmond Hill took place following the event. RATIONALE For the past 14 years, Paddle the Don has been a very successful family- oriented event, offering a unique opportunity for reflection on all the benefits derived from the natural environment: air, water, resources, recreation and spiritual renewal. By highlighting the importance of healthy river systems in Toronto and the surrounding regions, the event helps to motivate the community to protect and restore the watershed in which they live. Since 2002, Paddle the Don has evolved into a very successful fundraising event. FINANCIAL DETAILS Almost $39,000 was raised at this year's Paddle the Don event through individual and corporate donations, the sale of merchandise (Paddle the Don t- shirts, throw ropes and fleece vests) and the sale of raffle tickets. These funds are currently being held by CFGT and, once combined with funds raised since 2002, will total well over $100,000. Once the updated Don watershed plan is complete, and regeneration priorities are set, the intent is to use these funds to help leverage additional resources to implement a priority regeneration project in the Don watershed as set out in the final watershed plan. TRCA staff involved with the planning of this year's event includes representatives from the Watershed Management Division (Don watershed and waterfront), Parks and Culture Division, CAD's Office and The Conservation Foundation of Greater Toronto. In -kind and cash contributions were received from the following sponsors: • Banrock Station Wines; • Canadian Thermos; • City of Toronto; • George Weston Limited /Loblaws; • Harbourfront Canoe & Kayak Centre; • Ivy Lea Shirt Company; • Madawaska Kanu Centre; • MKD International Incorporated; • Mountain Equipment Co -Op; • Now Magazine ; • Starbucks Coffee Company; • The Complete Paddler; • Toronto Port Authority; • Watson Canoes. 278 Volunteer support both on the day of the event and the period leading up to the event was provided by the Wilderness Canoe Association, Don Watershed Regeneration Council and scouts and leaders from the 14th Willowdale Scout Group. In addition, numerous TRCA staff donated their personal time on the day of the event to assist. In addition to the funds raised, CFGT has undertaken door -to -door fundraising in the Don River area this year. The campaign was intentionally planned to coincide with Paddle the Don and took place one week prior to the event and three weeks following. The results are not yet finalized. However, it is worth noting that the familiarity with the Paddle the Don event by those living in the area canvassed has helped to play a role in an increased positive response to this campaign. DETAILS OF WORK TO BE DONE Event follow -up activities will continue by TRCA and CFGT staff and will include writing thank you letters to event sponsors, providing tax receipts for donations over $10 and updating the Paddle the Don website and notification list for next year's event. The LOBO will be formally presented with the Banrock Station Cup and Paddle on June 22, 2007 at the Authority meeting. Planning for the 2008 Paddle the Don event, scheduled for Sunday, May 4, 2008, will begin this summer. Report prepared by: Amy Thurston, extension 5238 Email: athurston @trca.on.ca For Information contact:Amy Thurston, extension 5238 Email: athurston @trca.on.ca Date: May 18, 2007 RES. #A154 /07 - SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD Moved by: Seconded by: Gino Rosati Laurie Bruce THAT Section IV item 8.14 - Request for Disposal of TRCA -Owned Land, contained in Executive Committee Minutes #4/07, held on June 1, 2007, be received. CARRIED RES. #A155 /07 - SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD Moved by: Seconded by: Gay Cowbourne Bryan Bertie 279 THAT Section IV item 9.5 - Vehicle and Equipment Pool, contained in Business Excellence Advisory Board Minutes #4/07, held on June 1, 2007, be received. CARRIED RES. #A156/07 - SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD Moved by: Seconded by: Laurie Bruce Gay Cowbourne THAT Section IV items 10.4 - 10.5, contained in Watershed Management Advisory Board Minutes #2/07, held on June 8, 2007, be received. Section IV Items 10. & 10.5 YORK - PEEL - DURHAM - TORONTO GROUNDWATER MANAGEMENT PROJECT (Watershed Mgt. Res. #D21/07) VALLEY AND SHORELINE REGENERATION PROGRAM (Watershed Mgt. Res. #D22/07) TERMINATION ON MOTION, the meeting terminated at 11:40 a.m., on Friday, June 22, 2007. CARRIED Gerri Lynn O'Connor Brian Denney Chair Chief Administrative Officer /ks 280 THE TORONTO AND REGION CONSERVATION AUTHORITY MEETING OF THE AUTHORITY #6/07 July 27, 2007 The Authority Meeting #6/07, was held in the South Theatre, Black Creek Pioneer Village, on Friday, July 27, 2007. The Chair Gerri Lynn O'Connor, called the meeting to order at 10:07 a.m. PRESENT Paul Ainslie Member Maria Augimeri Vice Chair Bryan Bertie Member Laurie Bruce Member Gay Cowbourne Member Rob Ford Member Lois Griffin Member Suzan Hall Member Jack Heath Member Peter Milczyn Member Ron Moeser Member Gerri Lynn O'Connor Chair Linda Pabst Member John Parker Member Anthony Perruzza Member Maja Prentice Member Richard Whitehead Member ABSENT Eve Adams Member David Barrow Member Glenn De Baeremaeker Member Bill Fisch Member Grant Gibson Member Colleen Jordan Member Bonnie Littley Member Glenn Mason Member Gino Rosati Member John Sprovieri Member Alissa Sugar Member 281 RES. #A157 /07 - MINUTES Moved by: Seconded by: Maja Prentice Gay Cowbourne THAT the Minutes of Meeting #5/07, held on June 22, 2007, be approved. CARRIED PRESENTATIONS (a) A presentation by Beverley Thorpe, Project Manager, CTC Region, in regard to item7.3 - Administrative Arrangements, TRCA/TRSPA. RES. #A158 /07 - PRESENTATIONS Moved by: Seconded by: Richard Whitehead Maja Prentice THAT above -noted presentation (a) be heard and received. CARRIED CORRESPONDENCE (a) A letter dated June 26, 2007 from the Ontario Municipal Board in regard to members remuneration. RES. #A159 /07 - CORRESPONDENCE Moved by: Seconded by: Paul Ainslie Gay Cowbourne THAT above -noted correspondence (a) be received. CARRIED 282 CORRESPONDENCE (A) ISSUE DAM June 26, 2007 DECISIONfORDER 1763 Ontario Ontario Municipal Board Commission des affaires municipales de 1 Ontario F1070007 Toronto and Region Conservation Authority has made an application to the Ontario Municipa Board under Section 37 of the Conservation Authorities Act, R.S.C. 1990, c, C. 27, as arnended, for an Order to approve an increase in the Chair's honorarium and members per diem by 1.63% effective January 1, 2007 and to receive approval for members participating in meetings by conference call when members are unable to attend in person to meet quorum requirements to receive 50% of the regular per diem OMB File No. E070007 BEFORE: M. HUBBARD CHAIR Monday, the 25th day of June, 2007 THE BOARD having received a request from the Toronto and Region Conservation Authority to increase the Chair's honorarium and member's per diem by 1.63% effective January 1. 2007; and. to receive approval for members participating in meetings by conference call when mernbor;_-, are unable to attend in person to meet quorum requirements to receive 50% of the reglilar per diem; THE BOARD ORDERS an increase in the Chair's honorarium and member's per diem by 1.63% effective January 1, 2007 and that members participating in meetings by conference cal when members are unable to attend in person to meet quorum requirements receive 50% of the regular per diem. SECRETARY SECTION I - ITEMS FOR AUTHORITY ACTION RES. #A160/07 - DON VALLEY BRICK WORKS LEASE AMENDMENT Lease Agreement of Part of 550 Bayview Avenue to Evergreen Environmental Foundation for Restoration and Operation of the Industrial Building Portion. Amendment to resolution approving entering into a lease with Evergreen Environmental Foundation for the restoration and operation of the industrial pad portion of the Don Valley Brick Works. Moved by: Seconded by: Suzan Hall Gay Cowbourne THAT Resolution #A171/06 approved at Authority Meeting #6/06 held on July 28, 2006, be amended by: 1) deleting reference to "$3 million" in paragraph 2 and substituting "$7.5 million" such that paragraph 2 reads as follows: THAT, if formally requested by Evergreen, and subject to negotiation of a satisfactory agreement with the City of Toronto, TRCA consider a joint and several loan guarantee for Evergreen not to exceed $7.5 million to a financial institution acceptable to TRCA and the City of Toronto and subject to terms and conditions satisfactory to TRCA and solicitors; 2) deleting reference to "dated June, 2006" in paragraph 3 such that paragraph 3 reads as follows: THAT the Evergreen Master Plan for the restoration and adaptive re -use of the heritage and cultural resources of the Toronto Don Valley Brick Works be approved; AND FURTHER THAT authorized Toronto and Region Conservation Authority (TRCA) officials be directed to take such action as is necessary to give effect to the foregoing including the execution and signing of documents, and report back if there are any outstanding issues or concerns. RECORDED VOTE Paul Ainslie Yea Maria Augimeri Yea Bryan Bertie Yea Laurie Bruce Yea Gay Cowbourne Yea Rob Ford Nay Lois Griffin Yea Suzan Hall Yea Jack Heath Nay Peter Milczyn Yea Ron Moeser Yea 284 RECORDED VOTE Cont'd Gerri Lynn O'Connor Yea Linda Pabst Yea John Parker Yea Anthony Perruzza Yea Maja Prentice Yea Richard Whitehead Yea THE MOTION WAS CARRIED BACKGROUND At Authority Meeting #9/04, held on October 29, 2004, Resolution #A293/04 was approved as follows: THAT the Toronto and Region Conservation Authority (TRCA) enter into a Memorandum of Understanding (MOU) with the Evergreen Environmental Foundation (Evergreen) and the City of Toronto (the City) to enable the adaptive re -use of the heritage and cultural resources of the Toronto Don Valley Brick Works (Brick Works); THAT staffbe authorized to enter into negotiations with the City of Toronto and the Evergreen Environmental Foundation to formulate a lease of2l years less a day on terms and conditions as set out in the Memorandum of Understanding and satisfactory to TRCA staff and solicitor; THAT staff work collaboratively with Evergreen and the City by recognizing the Brick Works project as an important priority for third party funding to be raised by Evergreen to complete the project; THAT staff work with the City and Evergreen to devise the appropriate trail connection from the Brick Works to the Don Valley trail system and links to Todmorden Mills; AND FURTHER THAT staffbe directed and authorized to take the necessary action to give effect to the foregoing including the signing of documents on behalf of TRCA. At Authority Meeting #6/06, held on July 28, 2006, Resolution #A171/06 was approved as follows: THAT the Toronto and Region Conservation Authority (TRCA) enter into a lease with Evergreen for the 'leased premises' being the portion of the Don Valley Brick Works which includes the industrial buildings and parking areas at the southern end of the site at 550 Bayview Avenue, subject to the following; 1) the lease be on terms and conditions satisfactory to TRCA staff and solicitors; 2) the lease be subject to approval by the City of Toronto; 285 THA T, if formally requested by Evergreen, and subject to negotiation of a satisfactory agreement with the City of Toronto, TRCA consider a joint and several loan guarantee for Evergreen not to exceed $3 million to a financial institution acceptable to TRCA and the City of Toronto and subject to terms and conditions satisfactory to TRCA and solicitors; THAT the Evergreen Master Plan for the restoration and adaptive re -use of the heritage and cultural resources of the Toronto Don Valley Brick Works dated June, 2006, be approved; THAT said lease be subject to obtaining approval of the Minister of Natural Resources in accordance with Section 21(2) of the Conservation Authorities Act, R.S.O. 1990, C.27, as amended, and Section 42 of the Expropriations Act, R.S. 0.1990, E26; AND FURTHER THAT appropriate TRCA officials be authorized and directed to take all necessary action to implement the lease including the signing and execution of documents. In September of 2003, the City of Toronto designated Evergreen as the preferred proponent following a call for proposals to adaptively re -use the designated heritage and cultural features of the Don Valley Brick Works (Brick Works). TRCA staff cooperated with the city in reviewing proposals and worked with the city staff steering committee to prepare the Memorandum of Understanding (MOU) which was approved by the Authority in 2004. The Brick Works site was acquired by TRCA by expropriation in 1987. The attached drawing (Attachment 1) illustrates the site and its buildings. The site is under management agreement with the City of Toronto. Staff has confirmed with our solicitor that the proposed lease of the premises, upon receipt of the necessary Minister's approval, would be allowed under the expropriation. Evergreen is a charitable, non - profit organization that has been active in environmental programs in Toronto for some time. Evergreen has developed a capital fundraising strategy and a vision of an exciting Toronto destination on the themes of community, culture and urban ecology. Evergreen proposes to convert the large shed building into a native plant nursery and a garden centre. In addition, there will be demonstration gardens, including a children's teaching garden, market space, community space for meetings and public programming, food outlets, an amphitheatre for outdoor performing arts and office space for the Evergreen national headquarters. Partnering primarily with other like minded and community based organizations, the balance of the buildings on site would be used for heritage and cultural community uses respecting the themes of youth and leadership, visual arts and music, health and wellness, food and nutrition, and ecological and heritage interpretation. To ensure that all programming and tenant use of the site is consistent with the vision and themes, all sub - tenants will be required to conform to a "charter" of themes and prescribed uses. 286 RATIONALE Since the signing of the MOU in 2004 and the 2006 resolution agreeing to enter into a lease, staff has worked with City of Toronto staff to negotiate terms and conditions of the proposed lease. The City of Toronto, TRCA and Evergreen will be signatories to the lease with the city continuing in its role of managing the lease as well as the balance of the Brick Works site. The major change to the proposed lease from that contemplated at the time of resolution #A171/06 relates to project financing. Project Financing In 2006, staff advised the Authority that the estimated total project capital cost would be $38 million. Over the past year, Evergreen's plan has been modified to be more sensitive to heritage site features and to be designed to meet higher "green" or Leadership in Energy and Environmental Design (LEED) standards. The comparable cost today which includes a 20% contingency is $42 million. In 2006, the federal government announced funding of $15 million for the project and Evergreen has confirmed a revised contribution of $20 million from the Government of Canada. Evergreen has confirmed that $10 million in funding commitment from the province has also been approved. Evergreen has secured funding or pledges of $7 million toward a fund raising target of $25 million. Total funding required for the project is now $55 million, of which Evergreen has commitments totalling $37 million. Of the total cost of $55 million, $42 million will be for capital restoration and improvements and $13 million will be for programs and an endowment for future needs. Evergreen has advised that provincial and federal funding will be paid in arrears. Evergreen has indicated that it must secure interim financing in an amount estimated by Evergreen at approximately $18.4 million from a private lending institution. To obtain the loan, It will be necessary for Evergreen to secure a loan guarantee from the City of Toronto and TRCA. This is to resolve cash flow issues during the period of construction. Staff advised the Authority of this requirement in 2006 and the Authority approved a joint and several loan guarantee with the city of $3 million. This requirement has now increased to $7.5 million. City Council will consider a recommendation from city staff for the revised loan guarantee at its meeting to be held July 16/17, 2007. TRCA staff recommend that the Authority approve an amended loan guarantee of $7.5 million on terms and conditions satisfactory to TRCA staff and solicitor, one of which would be that the City of Toronto approve of the loan guarantee. 287 The risk is that if the Evergreen project were to fail to proceed after the $7.5 million was advanced, the city and TRCA would be asked to assume the loan obligations of Evergreen to the lending institution up to $7.5 million. As the project proceeds, the risk diminishes as the asset value of the restored site grows. While the city and TRCA might have to pay out the funds, without the project, the city and TRCA will face restoration and improvement costs to deal with the deteriorating buildings which could exceed the value of the loan guarantee. While some restoration has been completed, many of the Brick Works buildings are in generally poor condition so the city and TRCA must invest in the site. Evergreen assumes the bulk of the financial risk. Further, the city and TRCA have received from the Province of Ontario a commitment to enable the city and TRCA to access the balance of the province's $10 million in funding for the project. Evergreen's Master Plan The master plan is identified in the lease and is a conceptual plan for the restoration and re -use of the leased premises. The plan details Evergreen's proposed use of each building and the new construction planned for the site. Evergreen, under the terms of the lease, will be responsible for all maintenance and restoration of the buildings. The area of the site known as the quarry, including features such as the Weston Quarry Garden, will not be part of the lease and will continue to be managed and maintained by the city. Evergreen will be granted a non - exclusive licence for the use of the quarry which will entitle them to the same use of the quarry as the public. TRCA approved the master plan dated June, 2006, at Authority Meeting #6/06, held on July 28, 2006. The master plan continues to evolve and improve as Evergreen, the city and TRCA work through proposals for the site. As a result TRCA staff need to be able to approve changes to the 2006 plan. Staff will present to the Authority the amended master plan in the fall of 2007. Evergreen's Business Plan and Operational Model Evergreen has completed a business plan for the site as a self- financing enterprise demonstrating environmental, social and economic sustainability. It is to be a year round destination for discovery and learning about nature and culture that will change the way we think about the city, the environment and our health. Evergreen has partners including Outward Bound, YMCA, the Gardiner Museum of Ceramic Arts, Jamie Kennedy Kitchens, Foodshare Toronto, the Merchants of Green Coffee and the University of Toronto Health Knowledge Lab. Evergreen will have its national headquarters on site as well as a native plant nursery and demonstration gardens. The business plan is being updated. It will be a condition of the lease and the loan guarantee that the business plan be acceptable to the city and TRCA in terms of viability and the ability of Evergreen to repay any interim financing. Community Involvement The Don Valley Brick Works Advisory Committee has been an advocate for the Brick Works restoration for many years. The committee supports the project albeit with some reservations and with the hope that Evergreen will raise their sights to include a global perspective. 288 Evergreen has consulted a variety of stakeholders over the last four years and this consultation has extensively shaped the project. Evergreen has coordinated stewardship events on site and interpretive tours. The master plan contains an extensive list of community engagement activities. Flood Management and Evacuation Plan Evergreen is required as a condition precedent to the lease to have approved by TRCA a flood management and evacuation plan. This leased premises flood on a regular basis and building restoration plans take into account the fact that the leased premises will be flooded to various depths. All electrical and other critical systems are to be constructed above the maximum flood levels. Evergreen and any of its sub - tenants will be required to acknowledge the potential for flooding of the site and to indemnify and release TRCA and the City of Toronto. In the event of conditions likely to lead to flooding, TRCA will notify Evergreen and the site will be closed and evacuated. Evergreen will also be required under the lease to provide liability insurance naming TRCA and the City as additional insureds. TRCA Regulatory Requirements As the Brick Works site is regulated by TRCA, all development of new structures on site, or redevelopment proposals will require a permit from TRCA under Ontario Regulation 166/06. Proposals with working drawings will need to be reviewed to determine implications to hazard planning and the conveyance of flood waters within the Brick Works site and valleyland. Natural Heritage Evergreen has retained a consultant to prepare a Natural Heritage Impact Study and Enhancement Strategy. The study will assess the potential impacts of Evergreen at the Brick Works and make recommendations on the management of any impacts. Going a step further, the study will provide direction on how the natural heritage of the Brick Works property could be enhanced. Staff of City of Toronto Parks, Forestry and Recreation Division, and TRCA are represented on the project steering committee. The study's findings will satisfy the natural heritage - related regulatory requirements of the City of Toronto Planning Division as well as the management and operational needs of Parks, Forestry and Recreation. The study was completed in July, 2006. The Brick Works park will remain under the management of the city and TRCA. Thus the funding and decision - making related to the findings of the Natural Heritage Impact Study and Enhancement Strategy will remain the responsibility of the city and TRCA. Nevertheless, Evergreen is eager to assist with the stewardship of the remainder of the site, including the Weston Quarry Garden over the long -term. These lands are subject to an agreement with the W. Garfield Weston Foundation and the lease will have to be consistent and in compliance with the terms of this agreement. Evergreen will mobilize its staff, volunteer and fundraising resources in support of the work of the city, TRCA and their community partners. 289 Environmental Remediation The City of Toronto and TRCA remain responsible for abatement of the historic contamination on site. The city is completing work to remove asbestos roofs and other historic contaminants from the buildings at an estimated cost of $840,000. Evergreen has agreed to be responsible for the disposal of the asbestos roofs at a cost estimated to be $270,000. The removal of designated substances from the site must be complete in order for Evergreen to secure a building permit through the City of Toronto Building Department. To date, the city has completed a Designated Substance Survey and Phase I Environmental Site Assessment (ESA). The Phase 11 ESA was completed in July, 2006, and enabled city staff to undertake a Site Specific Risk Assessment. As noted in the summary of city comments attached as Attachment 2, there are a number of changes to the lease relating to environmental issues. The provisions in the draft lease reflect the advice of the city environmental legal staff. Planning Approvals The site is zoned as parkland "G" in the Borough of East York Zoning By -law 6752. The zoning permits the following uses: • Uses incidental and contributory to the operations of the City of Toronto and Toronto and Region Conservation Authority; • Public Recreational Uses; and • Accessory Uses. A Preliminary Project Review (PPR) application was submitted to the Building Department on May 15, 2006. The PPR report was completed on June 7, 2006. The review determined that a majority of the uses proposed in the Evergreen Master Plan are educational and recreational in nature, and, as such, can be defined as Public Recreational Uses. In the opinion of City of Toronto Building Department officials, three of Evergreen's proposed uses will require additional approvals: the proposed retail nursery, restaurant and administration space (for Evergreen and its non - profit partners). These required approvals were sought from the Committee of Adjustment through a Minor Variance application filed by TRCA as owner of the site and Evergreen as agent for the owner. TRCA staff, city staff and the Don Valley Brick Works Advisory Committee are of the opinion that a procedural path that involves the Committee of Adjustment was appropriate because: • the uses in question are subordinate to, and supportive of, the proposed main public recreational uses, in terms of the floor area, the on -site public experience and the long -term sustainability of the proposed facilities; • Evergreen's facilities will contribute to the operations (i.e. educational programming) of the city and TRCA; • the uses in question can be found in other city parks, including High Park, Edwards Gardens and the Toronto Islands, as well as at city /TRCA- operated cultural assets, including the Toronto Zoo and Black Creek Pioneer Village; • Evergreen, in partnership with the city and TRCA, has managed a thorough community consultation process in support of the development in the Evergreen Master Plan (over 700 members of the community have been consulted); and 290 • City Council and TRCA will have substantively endorsed the project by entering into this lease with Evergreen. On June 20, 2007, the Committee of Adjustment approved the application. The Committee of Adjustment decision has been appealed to the Ontario Municipal Board (OMB) by one individual acting on his own behalf. TRCA and city staff are in discussions with Evergreen regarding the appeal. Further direction from the TRCA Executive Committee may be required. In addition to TRCA regulatory requirements, there are a number of planning - related permits /approvals required as conditions precedent to Evergreen obtaining a building permit: • Toronto Preservation Board (the buildings and site are designated); • Ontario Heritage Trust (provincial heritage easement agreement); • Ontario Ministry of the Environment (a Record of Site Condition); and • City of Toronto Planning Department (Site Plan Control). Transportation and Site Access The city is responsible for providing a signalized intersection at the entrance of the site on Bayview Ave at the appropriate time. The city and TRCA are to share responsibility to make appropriate connections to the existing trail system in the Don Valley. Other Terms and Conditions Attachment 2 is the list of major terms and conditions which will be recommended to the City of Toronto Council on July 16/17, 2007. This is included for the information of the members as it summarizes the major terms and conditions of the proposed lease which have changed since this matter was considered by the Authority in 2006. DETAILS OF WORK TO BE DONE Staff and TRCA's solicitor, together with the city staff /legal team, will finalize the lease for signing. TRCA staff will submit the necessary applications to the province for approval. Staff has submitted to the Authority a separate report which recommends entering into a Heritage Conservation Easement Agreement with the Ontario Heritage Trust. This easement is necessary to facilitate the flow of provincial funds to the project. SUMMARY AND CONCLUSIONS Staff recommend amending the resolution of July 28, 2006, approving the lease subject to the required terms and conditions. The current draft lease is the result of extensive and exhaustive negotiation with Evergreen and has been reviewed by TRCA's solicitors, Gardiner Roberts LLP, as well as a team of city legal, parks, culture and real estate advisers. Staff has assessed the risks of the lease. If Evergreen were to fail, the city and TRCA would inherit a partially improved site with limited capital and no programming obligations. The support of the Province of Ontario and the Government of Canada for the project further mitigate potential risk. Without the project, the city and TRCA will be faced with finding significant capital and operating funds to restore and secure the site. 291 In summary, after a further year of negotiations and planning, the amended lease with Evergreen represents the best available opportunity for TRCA and the city to fulfill their heritage and cultural objectives for the Brick Works. For TRCA, the Evergreen proposal is consistent with The Living City vision and will help advance many of our sustainability objectives. The city and the Toronto region will have a vibrant renewed heritage attraction for public recreation, learning and enjoyment. Report prepared by: Jim Dillane, 416- 667 -6292 Emails: jdillane @trca.on.ca For Information contact: Jim Dillane, 416- 667 -6292 Emails: jdillane @trca.on.ca Date: June 21, 2007 Attachments: 2 292 Attachment 1 PARWIt GiFIRUI:EAgE,, 293 Attachment 2 APPENDIX "A" Revised Terms and Conditions Leasing of Don Valley Brick Works Site 550 Bayview Avenue, Toronto (1) New Name of Tenant: Evergreen (formerly Environmental Foundation), a not - for - profit charitable corporation incorporated under the Corporations Act (Canada) and registered under the Income Tax Act (Canada). (2) Description of Leased Premises: Approximately twelve (12) acres comprising the southerly portion of the approximately 40.7 acre site formerly occupied by the Don Valley Brick Works (the "Site ") located on the west side of Bayview Avenue, just north of the Bloor Street Bridge, being the lands shown more or less as Parts 1 -10 inclusive on Reference Plan 66R -66R -22918 in the Land Registry Office for the Land Titles Division of Toronto (No. 66) together with the existing buildings and structures thereon. Under memorandum of understanding between the Parties contained in Clause 2 of Report 6 of the Economic Development and Parks Committee adopted by City Council meeting held on September 28, 29, 30 and October 1, 2004 (the "2004 MOU ") the Leased Premises are limited to the horizontal land strata from the surface of the ground up and, with the exception of any necessary building foundations and landscaping in accordance with: (i) a perpetual heritage easement agreement to be provided by Toronto and Region Conservation Authority ( "TRCA ") to Ontario Heritage Trust (formerly the Ontario Heritage Foundation); (ii) a risk assessment or risk assessment plan accepted by the Ministry of Environment (Ontario) and any record of site condition filed or submitted for filing on the Ministry of Environment's Environmental Site Registry to be provided by the City and TRCA; (iii) any certificate of property use issued by the Ministry of Environment; and (iv) Evergreen's Master Plan and related plans and specifications for Evergreen's proposed project as approved of by Ontario Heritage Trust, TRCA and the City, the Leased Premises do not include the subsurface or ground water (the "Retained Lands "). (3) Commencement Date: May 1, 2008, subject to extension by agreement of all Parties to a date not later than December 31, 2008. 294 (4) TRCA and City's $7.5 Million Capital Loan Guarantee: The Tenant has expressed concern with respect to its operating cash flow during construction which will be constrained and, secondly, its capital cash flow since the timing for its pledges and the flow of recently announced Federal and Provincial funding to the Tenant will not correspond directly with the Tenant's spending on construction. The Tenant has said that it may require a joint and several TRCA and City loan guarantee of up to $7,500,000 (inclusive of all interest, costs and charges) (the "Loan Guarantee ") on an interim financing line of credit facility arrangement of approximately $18.4 Million ( "Loan Agreement(s)" that it is currently negotiating with institutional or private lenders ( "Lenders ") to be acceptable to TRCA and the City in order for the Tenant to meet its cash flow requirements for Project construction purposes. The intent of this Loan Guarantee is to provide bridge financing between Evergreen's receipt of various funds raised from its private and public donors as well as the Federal and Provincial governments and progress payments required by various contractors, firms and suppliers during the course of completing various stages of the Project. Therefore, in connection with and to facilitate completion of the Tenant's construction work, Evergreen is requesting TRCA and the City to jointly and severally issue a Loan Guarantee(s) of up to $7,500,000 in the aggregate (inclusive of all interest, costs and charges) on a Loan Agreement of approximately $18,400,000 that Evergreen is currently negotiating with its proposed Lenders and to enter into an agreement with the Tenant and its approved Lenders in respect thereof (the "Lender Agreement(s)"). Accordingly, the issuance, form and substance of any Loan Guarantee and Lender Agreement will be subject to the concurrence and approval of TRCA and the terms and conditions thereof are to be satisfactory to the Deputy City Manager and Chief Financial Officer in consultation with the General Manager of Economic Development, Culture and Tourism, all in form acceptable to the City Solicitor and in accordance with the following: (a) up to the maximum amount of seven million five hundred thousand dollars ($7,500,000.00) in the aggregate (inclusive of all interest payable by the Tenant and costs and charges under the Loan Agreement); (b) the Lender(s) is /are to be acceptable to TRCA and the City; (c) the Loan Agreement(s) are paid in full, and the Loan Guarantee(s) and Lender Agreement(s) expire by no later than the earlier of the end of four years commencing on the Commencement Date of the Lease or on earlier termination or payout of the loan in question; (d) unless otherwise agreed to in writing by TRCA and the City in their sole discretion, if judgment is obtained on the Loan Guarantee(s), the Lenders rights of enforcement are to be restricted so that no Personal Property Security Act filing shall be made against TRCA and /or the City and the Lenders shall not register its judgment in any Sheriff's office; 295 (e) TRCA and the City will be provided with copies of the relevant Loan Guarantee(s), Lender Agreement(s) and Loan Agreement(s), and all other pertinent documents, as well as any demands and enforcement notices issued to borrowers /guarantors; (f) (g) the Loan Guarantee(s) and Lender Agreement(s) will be subject to set off against any amounts that TRCA or the City may have to pay to remove any liens or any deficiency in the Flood Reserve Funds referred to in Section 7; the Tenant shall provide in a timely manner to TRCA and the City for approval and there shall be deposited with and held by the City and TRCA or as they may direct, all such documentation and written information as TRCA and the Deputy City Manager and Chief Financial Officer in their sole discretion, consider necessary or desirable to assess the form and substance of the Loan Guarantee(s) and Lender Agreement(s) and related documentation as well as to protect the rights and interests of TRCA and the City in the event of default by the Tenant and /or as security to the City and TRCA for the payment and performance of the obligations of the Tenant under the Lease, and TRCA and the City in their unfettered discretion shall have approved of both the form and substance of the same and the priority of registration of all relevant security, to the extent applicable. A non - exhaustive description of the foregoing documentation and information includes: (i) the Tenant's financial statements (including audited statement, if required); (ii) the Tenant's business plan and master plan; (iii) all Tenant insurance policies to be taken out and maintained by it under the Lease; (iv) the Loan Agreement(s), the proposed Loan Guarantee(s) and Lender Agreement(s): (v) an irrevocable $500,000 letter of credit facility or similar $500,000 LOC /Cash Security as described in Section 5 below to be provided by the Tenant for the purposes of funding any debt service deficiencies associated with the Loan Guarantee and as security for an uncured Tenant default under the Lease, including Project completion and /or any possible construction liens attaching to the Project; and, (vi) subject to any such prior security as required under any Loan Agreement as approved of by the Deputy City Manager and Chief Financial Officer in consultation with TRCA, the following security to be granted by the Tenant in favour of TRCA and the City as security for the performance of the Tenant's obligations under the Lease including Project completion and repayment of any Loan Guarantee: (i) a general assignment of all agreements affecting the Project; (ii) a collateral leasehold charge of the Tenant's interest in the Leased Premises; (iii) a collateral security interest agreement in all property of the Tenant located on the Leased Premises; (iv) a subordination /priority and /or forbearance agreement with any approved Lender(s) of the Tenant; and (v) an assignment of any remaining Project funding on Tenant default, all to the extent considered reasonably practicable in the circumstances; (h) at the option of TRCA and the City to be exercised in their individual discretion, both TRCA and the City will have entered into a pari passu agreement on terms and conditions acceptable to them and in form acceptable to their legal counsel; and 296 (5) (i) the Loan Guarantee(s) and Lender Agreement(s) and all related documentation shall be on terms and conditions entirely acceptable to TRCA and the City and in form acceptable to their legal counsel. Construction Lien Concerns: Typically, the Tenant should provide security to ensure that its obligations to the contractor will be fulfilled, otherwise, the general contractor, if unpaid, could lien the Leased Premises and the City and TRCA may be at risk for the unpaid amount. There is a real concern with respect to possible construction liens attaching to the Leased Premises because: (i) it is not possible to quantify this risk since the Tenant's construction and payment schedules and financing commitments with its Lenders remain to be determined; and (ii) because the Tenant has confirmed that it can only provide security against this risk to TRCA and the City under the Lease in the form of an irrevocable letter of credit or similar security acceptable to the Deputy City Manager and Chief Financial Officer (for example, possibly a segregated cash capital fund in the amount of $500,000 to be applied upon demand by the City and TRCA during the Lease Term if there is an uncured default by the Tenant on terms and conditions acceptable to TRCA and the City, including its replenishment and the unencumbered access and control thereof by TRCA and the City, if required (the "$500,000 LOC /Cash Security "). The Tenant's obligation to maintain this fund will end upon the later of Project completion or expiration of the $7.5 Million joint and several Loan Guarantee(s) described in Section 5 above and the expiration of all relevant lien periods and to there being no liens outstanding. (6) Environmental (1) The definition of "Contamination" shall mean the presence of contaminants at levels that contravene applicable Environmental Laws or at levels which exceed or are inconsistent with the levels described in the Heritage Easement Agreement to be entered into between TRCA and Ontario Heritage Trust in respect of the Leased Premises, the Master Plan, the Risk Management Plan or the Record of Site Condition. The City will at its expense submit for filing for a record of site condition on the Environmental Site Registry maintained by the Ministry of the Environment (Ontario) on or before a date to be mutually agreed upon between the General Manager in consultation with the Chief Corporate Officer, and TRCA and the Tenant. Except as permitted under the Environmental Protection Act (Ontario), R.S.O. 1990, c. E.19, the Tenant will not use the Leased Premises until such time as a satisfactory record of site condition has been filed and TRCA and the City have received such assurances regarding amendments from the Ministry of Environment (Ontario) as TRCA and the General Manager in consultation with the Chief Corporate Officer consider necessary or desirable in the circumstances. 297 The Tenant accepts and agrees to be solely responsible for the satisfactory remediation of all existing and elevated levels of dust and any related Ministry of Labour (Ontario) concerns or requirements. Under the 2004 MOU approved by Council, the Tenant was not to assume responsibility for existing contamination of the Leased Premises. Accordingly, while the Tenant and its Permitted Occupants will be required to release the City and TRCA in this regard, the Lease will not contain any "indemnity" by the Tenant or its Permitted Occupants in favour of the City or TRCA for any losses or damages suffered by any third party at the Leased Premises due to historical contamination, regardless of whether such third party came on to the Property as a result of the Tenant's activities. Further TRCA and the City are to remediate the existing buildings on the Leased Premises by removing the asbestos roofs and other historical contamination found within these buildings at an estimated cost of approximately eight hundred and forty thousand dollars ($840,000.00). The Tenant has agreed to be responsible for disposal of the existing asbestos roofs at an estimated cost of approximately two hundred and seventy thousand dollars ($270,000.00). (2) Under the 2004 MOU approved by Council, TRCA and the City are also responsible to ensure that the Retained Lands comply with Ontario Regulation 153/04 under the Environmental Protection Act (Ontario) for the Tenant's uses. Accordingly, the City and TRCA will provide a Record of Site Condition ( "RSC ") for the Retained Lands based on a Risk Assessment ( "RA ") accepted by the Ministry of the Environment and will pay all costs associated with the implementation of risk management measures in accordance with such RA and Risk Management Plan ( "RMP "), except that the Tenant shall pay the disposal costs of any soil where: (3) (a) the Tenant elects to excavate or requests the City to remove the soil; and (b) removal of such soil from the Retained Lands would not have been required to permit the use of the Retained Lands for parkland. Once the RSC is filed or submitted for filing on the Environmental Site Registry, the Tenant will not require the City or TRCA to perform any additional remediation of the historical contamination except as provided in the RMP or as ordered by the Ministry of the Environment (Ontario). The Tenant will release TRCA and the City from all losses that the Tenant, TRCA or the City may incur, including economic loss, direct or indirect, relating to or arising from or associated with the historical contaminants and the condition of these lands as described in the RSC or caused by any breach of Clause 6 hereof or any non - compliance with any Environmental Law by the Tenant or its Permitted Occupants or invitees. The Tenant will also require that the same release be included in all subleases and occupancy agreements that the Tenant may enter into for the Leased Premises. 298 (4) During the term of the Lease and upon its termination or expiration, the Tenant will remediate any contamination it or its Permitted Occupants as defined in the Lease, in the reasonable opinion of the General Manager, have caused or allowed to the Leased Premises and the remaining Brick Works site, including the Retained Lands and the Weston Quarry Garden lands, to the extent required by all applicable laws, and the RA and RMP, as amended. (5) Subject to any obligation contained in the Risk Assessment or Risk Management Plan or any Certificate of Property Use, no digging or excavation of any part of the Retained Lands will be permitted without the prior written approval of the City and TRCA, acting reasonably, whether or not such digging or excavation is contemplated in the Master Plan or the Lease. (6) Once the RSC is filed or submitted for filing in the Environmental Site Registry, if additional contamination is discovered in, on or about the Retained Lands or any part which the Ministry of the Environment orders the City, TRCA and /or the Tenant to investigate, manage or remediate in compliance with then current environmental legislation and regulations: (a) TRCA and the City will use their commercially reasonable efforts to comply with such requirements, up to a cumulative aggregate sum of five hundred thousand dollars ($500,000.00) inclusive of soil testing, excavation and related work, which sum shall be CPI adjusted on an annual basis from the Commencement Date. (b) If the cumulative aggregate cost of such requirements is more than five hundred thousand dollars ($500,000.00), as adjusted, (i) The Tenant will have the option to pay the additional costs of complying with such requirements that are reasonably attributable to the occupancy of the affected area by the Tenant or its permitted occupants as defined in the Lease, i.e., those costs that the City and TRCA would not be required to pay if the affected area were excluded from the Leased Premises. If so, the City and TRCA shall pay the remaining costs and shall comply with the regulatory requirement; (ii) If the Tenant does not agree to pay the additional costs as set out in clause (b) (i) above: (1) the Parties will endeavour to negotiate the terms and conditions of a mutually satisfactory cost - sharing agreement to deal with such excess costs, in form acceptable to the City Solicitor; or (2) if the Parties, acting reasonably, do not wish to enter into any such cost - sharing agreement, then: 299 (a) the City and TRCA may isolate the contaminated area or areas in question and may delete such portion(s) from the Lease, for the period of time required to comply with the Order; (b) If the Order requires remediation of the entire Leased Premises, the area deleted from the Lease may be the entire Leased Premises, and the Lease will be suspended for the period of time required to comply with the Order; (c) If the Order permits the City and TRCA a choice of options for compliance, including an option of non -use or limited use, the Tenant will not require the City and TRCA to select an option that requires unlimited use or a more expensive option; (d) The Tenant will have an option of terminating the entire Lease if it demonstrates to the satisfaction of the General Manager and TRCA, acting reasonably, that isolation and deletion of any such contaminated area would materially and negatively affect an integral area of the Tenant's operation; (e) If all or part of the Leased Premises are deleted from the Lease under this clause, or if the Tenant terminates the Lease under this clause, each Party will be released from all obligations to the other arising after such deletion or termination and for all related liabilities including economic loss, mutatis mutandis. The Tenant will have the reasonable right to remove its fixtures and chattels from the Leased Premises if not in default; and (f) The Tenant will require that an acknowledgement to the foregoing effect and the same release in favour of TRCA and the City be included in all permitted subleases and other occupancy agreements that the Tenant may enter into for the Leased Premises. 300 (7) the Tenant, in its use and occupation of the Leased Premises and its activities thereon whether directly or through its Permitted Occupants, will fully comply with all applicable Environmental Laws of the Ministry of Environment and the Environmental Protection Act (Ontario), and any other Authority for the protection of the environment. The Tenant covenants that, during the Term, no hazardous substances shall be used, generated, released, manufactured, refined, produced, processed, stored, disposed of or allowed anywhere in, on, under or about the Leased Premises or Remaining Site Lands, other than in accordance with applicable Environmental Laws and the provisions of this Agreement. Without limiting the foregoing, the Tenant covenants that any Permitted Occupant, including approved sub - tenants, licensees or invitees, will comply with the provisions of Clause 6 hereof and all applicable Environmental Laws regulating the use, generation, storage, transportation and disposal of hazardous substances in, on, under or about the Remaining Site Lands or any part thereof. The foregoing will not relieve TRCA or the City of their respective environmental obligations hereunder. (8) The Tenant will obtain and comply at its sole expense, with the terms of all licences, certificates of approval, permits and other approvals required by Environmental Laws, and the Lease for the conduct of its business at or from the Leased Premises, and will require any Permitted Occupant to do the same. (9) The Tenant will not authorize, cause or permit a Contamination in, on, under or from the Site including the Leased Premises, the Weston Quarry Garden Lands and the Remaining Site Lands. Where such a discharge referred to herein does occur, the Tenant will immediately report the occurrence of the Discharge to all Authorities to whom notification is required under Environmental Laws in the circumstances, and to the City. The Tenant will then immediately stop and clean up the Discharge to bring the Leased Premises and any other affected area, into compliance with Environmental Laws, will repair any damage to the Leased Premises or Remaining Site Lands caused by such Discharge and will provide the City and TRCA with a certificate from the Tenant's duly qualified consulting engineer confirming such compliance. If the Tenant fails or refuses to promptly clean up a Discharge referred to herein, and to restore the Leased Premises and any other area of Remaining Site Lands affected by the Discharge, the City may elect in writing to carry out the whole or any part of the clean up and restoration at the Tenant's expense. (10) The Tenant will permit the City to perform an audit by a qualified professional of the Tenant's Discharges of Contaminants into the Leased Premises or Remaining Site Lands in, on, under or from the Leased Premises at any time(s) during the Term on ten Business Days Notice to the Tenant provided that a representative of the Tenant may at all times (but without obligation) accompany the City's personnel. 301 (11) The Tenant will fully comply with all orders of an Authority which may be directed to the Tenant and which relate to the Leased Premises or the Weston Quarry Garden Lands or any part thereof and shall bear the expense of such orders provided that, in the reasonable opinion of the General Manager, the contamination which is the subject of the order can be reasonably considered to have been caused or permitted by the Tenant or its Permitted Occupants or its /their invitees or operations or activities or lack of care and attention. The foregoing will not relieve TRCA or the City of their respective environmental obligations hereunder. (12) Should an order of an Authority be issued to the City requiring the City to do anything in relation to a Discharge of Contaminants caused or permitted by the Tenant and relating to the Tenant's use of the Leased Premises or Weston Quarry Garden Lands, the Tenant will at its own expense, on receipt of written Notice from the City, comply with the order at the Tenant's expense including preparing and submitting the required plans and meet all related requirements and the Tenant shall carry out all such clean up plans under the direction of the Authority. If the Tenant fails or refuses to promptly and fully carry out an order referred to in this Environmental Section 6, or if, in the City's reasonable opinion, the Tenant is not competent to carry out the order, the City may elect in writing to carry out the whole or any part of the order at the Tenant's expense. (13) Except in an emergency where no notice is required, TRCA and /or the City may, on a minimum of 24 hours prior written Notice, inspect the Leased Premises and the Tenant's records relating to its handling of Contaminants to determine whether the Tenant is fully complying with all Environmental Laws and its environmental obligations under this Agreement. Where TRCA and /or the City reasonably considers it necessary, the inspection may be performed in whole or in part by experts, and may include sampling, monitoring, and other tests, provided that all intrusive testing shall be carried out in the presence of a representative of the Tenant. If TRCA and /or the City's inspection discloses a breach of an Environmental Law, or a fact situation which could reasonably be anticipated to result in a breach of an Environmental Law, TRCA and /or the City will have the right to take whatever steps are reasonably required to rectify such breach, or prevent such breach from occurring, as the case may be. (14) Where TRCA and /or the City have carried out an order referred to in Environmental subsection 6.12 hereof or has cleaned up or made restoration as a result of a Discharge referred to in Environmental subsection 6.9 hereof, or has otherwise incurred any expense or damage relating to a Discharge of Contaminants caused by the Tenant, and /or arising from the Tenant's use of the Leased Premises, the Tenant will indemnify TRCA and /or the City as the case may be for all costs incurred by TRCA and /or by the City with respect to any of the foregoing. 302 (15) The Tenant shall, at its sole cost and expense, at the expiration of the Term, or such earlier termination of this Agreement, remove all Tenant's Contamination in accordance with all Applicable Laws of any Authority and repair any damage to the Site, including the Leased Premises, the Weston Quarry Garden Lands and the Remaining Site Lands caused by the existence and /or the removal of any Tenant's Contamination. TRCA, the City and the Tenant shall mutually agree, acting reasonably, with respect to the management and control of any consultants responsible for remediation. All reports and other materials of scientists, engineers or other environmental consultants of the Tenant and related to the Leased Premises shall be addressed to the Tenant, TRCA and the City and TRCA and the City shall be entitled to rely on such materials for all purposes. The Tenant further undertakes to plan and permit any of its remediation measures and processes to be integrated with any construction processes to be undertaken by TRCA and /or the City. The Parties will mutually agree with respect to the co- ordination and scheduling of such work and the allocation of costs therefore (whether by way of direct payment or reimbursement) if any of TRCA and /or the City's remediation work is undertaken by the Tenant, it being agreed that any remediation obligations of TRCA and /or the City in respect of Remaining Site Lands shall be without prejudice to its /their rights, if any, to pursue those Persons responsible for such contamination. (16) Tenant acknowledges that it has reviewed and is fully familiar with and accepts the Risk Management Plan. The Tenant agrees during the Term, at its own expense, to implement and adhere to or cause the implementation and adherence to of all its terms and provisions, including the risk control and management measures and other protocols described or contemplated therein. If any Certificate of Property Use is subsequently issued by the Ministry of the Environment (Ontario), the Tenant also covenants and agrees to comply during the Term, at its expense, with those provisions of the Environmental Protection Act (Ontario) and O.Reg 153/04 governing property use and to provide the City and TRCA with such evidence of compliance therewith as they may reasonably require forthwith upon request. (17) The Tenant further acknowledges that this Risk Management Plan is to be reviewed and assessed by the Ministry of Environment (Ontario) and that as a condition of its final approval by the Ministry of the Environment (Ontario), the Risk Management Plan may and shall include such further or other terms and or risk management control measures as may be required by the Ministry of the Environment (Ontario) in its discretion, all of which the Tenant hereby accepts and which the Tenant similarly covenants and agrees to implement and adhere to or cause the implementation and adherence to at its own expense during the Term. 303 (18) As per the Risk Management Plan, the Tenant covenants and agrees that at all times during the Term, it shall strictly and timely comply with and cause compliance with the following provisions of the Risk Management Plan as amended and any Certificate of Property Use issued by the Ministry of the Environment (Ontario): (a) there is to be nil tree planting except in accordance with the Risk Management Plan and the Heritage Easement Agreement; and (b) the Tenant must cap the Leased Premises with a hard concrete or asphalt surface or with one (1) metre (3 feet) soft surface of clean fill to the satisfaction of the Chief Corporate Officer except in accordance with the Risk Management Plan and the Heritage Easement Agreement. (19) The Tenant shall ensure at its expense during the Term that all construction or other Work (i.e., designs/ architects /contractors /engineers) and operations at the Leased Premises, whether by it or of any Permitted Occupant or its /their Authorized Members, comply with the Risk Management Plan and any Certificate of Property Use issued by the Ministry of the Environment (Ontario), and the Tenant will provide the City and TRCA with such evidence of compliance therewith as they may reasonably require forthwith upon request. (20) The Tenant acknowledges that as per the Risk Management Plan, the City or TRCA may be required to annually or bi- annually monitor the ground water and sub - surface of the Remaining Site Lands to ensure the site conditions of the Leased Premises remain consistent with the Risk Management Plan and, if not, that the City or TRCA may be required or determine it appropriate and are hereby granted full and complete permission to implement or otherwise put in place at no expense to the Tenant certain other engineered controls as may be required or determined desirable by the Ministry of the Environment (Ontario) to rectify sub - surface anomalies and ensure that Leased Premises' sub - surface conditions remain consistent with the Risk Management Plan and the Heritage Easement Agreement as aforesaid. However, if there is anything done or omitted to be done by the Tenant, its Authorized Members or Permitted Occupants, including members of the public, which the Chief Corporate Officer reasonably determines to have caused such inconsistency, then, the Tenant shall be responsible to forthwith rectify same at its expense. Without limiting the generality of the foregoing, and as required by the approved Risk Management Plan and the Heritage Easement Agreement, the City will conduct groundwater monitoring as required by the Risk Management Plan, semi - annually for three years. Sample results will be evaluated using the PSSs (Property Specific Standards) developed for the Site. Should concentrations exceed the PSSs for two or more samples, then a remedial option evaluation should be conducted. Sampling may be discontinued if permitted by groundwater quality trends and with the agreement of the Ministry of the Environment (Ontario). 304 (7) (21) Except in an emergency in which case no Notice is required, the Tenant hereby allows and grants the City and TRCA and its /their Authorized Members full access to the Leased Premises or any part at all times during the Term during normal business hours and at any other time on twenty -four (24) hours Notice (on foot, with vehicles, supplies or equipment) to inspect, monitor and ascertain compliance with the Risk Management Plan and any issued Certificate of Property Use and other issued requirements of the Ministry of the Environment (Ontario)in respect of the Leased Premises or any part. If access is denied or interfered with, then, TRCA and /or the City shall have the right without compensation or further notice, in their sole discretion at any time and from time to time, to suspend such activities at the Leased Premises and to isolate such area(s) in questions that requires, in the reasonable discretion of the Chief Corporate Officer, suspension or isolation until a satisfactory correction of the condition complained about has been made. Maintenance and Repair: The Tenant will build and retrofit all buildings and other improvements to flood - proofing TRCA regulatory standards. Since the Leased Premises are in a flood plain, the Tenant's all -risk insurance coverage may exclude flood coverage if unavailable at commercially reasonable rates. If so, the Tenant's obligation to repair and maintain under the Lease and to leave the Leased Premises in good order and condition will necessarily exclude damage due to an uninsured catastrophic flood. In regard to the Tenant's maintenance and repair obligations, however, the Lease will require the Tenant to have reserved and set aside on or before substantial completion of the Project and to continue to reserve and maintain at all times during the Term, a segregated fund from its operating funds in a CPI indexed amount of two hundred and fifty thousand dollars ($250,000.00) (the "Flood Reserve Funds ") to be applied for clean -up and remediation of the Leased Premises or any part in the event of a flooding event during the Term on terms and conditions acceptable to TRCA and the City, including its replenishment and the unencumbered access and control thereof by TRCA and the City, if required. (8) Pre - Conditions to Lease Commencement in favour of City and TRCA: On or before May 1, 2008, the Tenant will submit to TRCA and the City for approval, its construction plans and specifications, pre- tender cost estimates and a detailed construction schedule and shall demonstrate it has fulfilled all the preconditions necessary to obtain a building permit. On or before May 1, 2008, the Tenant will have entered into a construction contract and all necessary agreements with the architect and architect's consultants for the project and a general and specific assignment of the benefit of such agreements, as continuing collateral security, all in form and substance satisfactory to the City and TRCA. 305 On or before May 1, 2008, the Tenant will have entered into a binding offer of interim financing with its Lenders acceptable to TRCA and the City in an amount not greater than eighteen million dollars ($18,000,000) and on terms and conditions entirely satisfactory to TRCA and the City and unless waived by TRCA and the City, providing for an assignment of such financing on Tenant default to TRCA and the City upon request and for a subordination /forbearance and priority agreement to be entered into between the Parties and such Lender, in a form acceptable to the City Solicitor and legal counsel for TRCA. On or before May 1, 2007, the Tenant will have entered into a binding offer of finance and contribution agreement with the Province of Ontario in the principal amount of not less than ten million dollars ($10,000,000) and with the Federal Government of Canada in the principal amount of up to twenty million dollars ($20,000,000) on terms and conditions entirely acceptable to TRCA and the City in their unfettered discretion. In this regard, both Ontario Heritage Trust and Infrastructure Canada are to provide TRCA and the City with executed original comfort letters in respect of their respective funding contribution agreement with the Tenant on terms and conditions satisfactory to TRCA and the City. On or before May 1, 2008, the Tenant will provide TRCA and the Deputy City Manager and Chief Financial Officer of the City with evidence of the Tenant's receipt of a further amount of capital fundraising for its Project equal to the greater of: (i) twelve million dollars ($12,000,000.00) or (ii) a sum equal to the amount of the actual "hard" construction costs for the Project as certified to the City and TRCA by a duly qualified cost consultant appointed by the City plus twenty (20 %) thereof, all on terms and conditions entirely acceptable to TRCA and the Deputy City Manager and Chief Financial Officer of the City, in a form acceptable to the City Solicitor and legal counsel for TRCA. On or before its application for a building permit in respect of the Project, the Tenant will submit a hoarding and construction access plan to the City and TRCA for their approval by them in their capacity as Parties to the Lease. On or before the Commencement Date, the Tenant's architect shall have provided TRCA and the City with satisfactory written evidence of the Tenant's receipt of all necessary approvals from all authorities required to construct and complete the Project, including all requisite building permits. There shall be no material default under the interim licence or permit arrangement which the Tenant has requested the Parks, Forestry and Recreation Department to issue for its limited use and occupancy of certain parts of the Leased Premises prior to the Commencement Date and any other obligation of the Tenant to the City or TRCA in respect of the Site or any part, including any heritage easement agreement. (9) Other: Such further revisions and other Lease terms and conditions as may be satisfactory to the Deputy City Manager and Chief Financial Officer, in consultation with TRCA, all in a form satisfactory to the City Solicitor. 306 RES.#A161/07 - HERITAGE CONSERVATION EASEMENT Don Valley Brick Works - Ontario Heritage Trust. Recommends approval to enter into a heritage conservation easement agreement with Ontario Heritage Trust to facilitate adaptive restoration and reuse of the Don Valley Brick Works through a lease with Evergreen. Moved by: Seconded by: Gay Cowbourne Ron Moeser WHEREAS Toronto and Region Conservation Authority is in receipt of a request from Ontario Heritage Trust (OHT) of a requirement that TRCA enter into a heritage conservation easement agreement for the property known as the "industrial pad" portion of the Don Valley Brick Works, City of Toronto, as a condition of the Ontario heritage Trust providing funding for Evergreen, a non-profit organization selected by the City of Toronto to complete the adaptive restoration and reuse of the Don VaIIey Brick Works (Brick Works) industrial buildings; AND WHEREAS it is in the opinion of TRCA that it is in the best interest of TRCA in furthering its obJectiveo, as set out in Section 20 of the Conversation Authorities Act, to cooperate with the Ontario Heritage Trust in this instance; THEREFORE LET IT BE RESOLVED THAT a permanent easement containing a total of 4.9 hectares (12 acres), more or less, be granted to Ontario Heritage Trust for the purpose of preserving the heritage character of the cultural heritage resources and known and potential archaeological resources through the protection and conservation of the cultural heritage features; THAT consideration is to be the nominal sum of $2.00, and the mutual covenants and restrictions as set forth in the Heritage Conservation Easement Agreement; THAT the granting of this easement is subject to the 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 section 42 of the Expropriations Act, section E26; THAT the granting of this easement is subject to designated representatives of the City of Toronto approving the terms and conditions of the Heritage Conservation Easement Agreement; THAT the granting of this easement is subject to Evergreen assuming the obl of the Heritage Conservation Easement Agreement during the term of its lease with TRCA and the City of Toronto for the Don VaIIey Brick Works; failure to perform will be a default of the lease; AND FURTHER THAT the appropriate TRCA officials be authorized and directed to take whatever action may be required to give effect thereto, including the obtaining of necessary approvals and the execution of any documents. CARRIED 307 BACKGROUND In September of 2003, the City of Toronto designated Evergreen as the preferred proponent following a call for proposals to adaptively re -use the designated heritage and cultural features of the Don Valley Brick Works. TRCA staff cooperated with the city in reviewing proposals and worked with the city staff steering committee to prepare a Memorandum of Understanding (MOU) with Evergreen which was signed in 2004. In 2006, the Authority approved Resolution #A171/06 at meeting #6/06, held on July 28, 2006, which gave staff direction to negotiate and enter into a lease with Evergreen and to seek the necessary approvals of such a lease. The Brick Works site was acquired by TRCA by expropriation in 1987. The site is under management agreement with the City of Toronto. Staff has confirmed with our solicitor that upon receipt of the necessary Minister's approval, the easement would be permitted under the expropriation. Evergreen is a charitable, non - profit organization that has been active in environmental programs in Toronto for some time. Evergreen has developed a capital fundraising strategy and a vision of an exciting Toronto destination on the themes of community, culture and urban ecology. Evergreen proposes to convert the large shed building into a native plant nursery and a garden centre. In addition, there will be demonstration gardens, including a children's teaching garden, market space, community space for meetings and public programming, food outlets, an amphitheatre for outdoor performing arts and office space for the Evergreen national headquarters. Partnering primarily with other like minded and community based organizations, the balance of the buildings on site would be used for heritage and cultural community uses respecting the themes of youth and leadership, visual arts and music, health and wellness, food and nutrition, and ecological and heritage interpretation. To ensure that all programming and tenant use of the site is consistent with the vision and themes, all sub - tenants will be required to conform to a "charter" of themes and prescribed uses. Since the signing of the MOU in 2004 and the 2006 resolution agreeing to enter into a lease, staff has worked with City of Toronto staff to negotiate terms and conditions of the proposed lease. The City of Toronto, TRCA and Evergreen will be signatories to the lease with the city continuing in its role of managing the lease as well as the balance of the Brick Works site. Evergreen has secured from the Province of Ontario a commitment of $10 million as a grant for the Brick Works project. The grant is being delivered through the Ontario Heritage Trust. OHT has required as a condition of the grant that TRCA enter into a heritage conservation easement agreement to facilitate the grant to Evergreen. RATIONALE The key terms and conditions of the proposed Heritage Conservation Easement Agreement are summarized as follows: 1. The easement applies only to the 12 acre industrial pad portion of the Brick Works site which is the subject of the lease to Evergreen. 2. The easement is perpetual. Under the terms of the lease, Evergreen will assume the easement obligations of TRCA during the term of the lease. If a future tenant does not assume the obligations of the easement agreement, under the management agreement with the City of Toronto, the city would assume the obligations. 308 3. OHT has agreed by letter and resolution of its board that in the event Evergreen defaults on its agreements and fails to complete the project, OHT will redirect all or part of the funds from the unspent portion of the $10 million provincial grant to the City of Toronto for use in conserving the cultural heritage features of the property, consistent with the intent of the original grant agreement between OHT and Evergreen. 4. The heritage features to be conserved by TRCA under the terms of the easement agreement are described in schedules to the agreement. Provision is made for a "baseline documentation report" which determines the condition of the cultural heritage features and it is that condition that must be preserved by TRCA. 5. TRCA agrees to enter into a separate conservation heritage agreement for that part of the Brick Works site known as the north quarry wall which is listed as an Area of Natural and Scientific Interest (ANSI); such agreement to be in a form and on terms and conditions acceptable to TRCA and the city. 6. OHT has rights to inspect the site and to require that the owner maintain and repair cultural heritage features. If the owner fails to act, the OHT can proceed with repairs and charge the cost to the owner. 7. TRCA and the city as manager of the property, have rights to make emergency repairs and when making routine repairs to do so with OHT approval. Throughout the agreement there is a requirement that OHT act "reasonably" in dealing with changes to the cultural heritage features. 8. OHT acknowledges and agrees that the site is located in a flood area and is subject to regular flood events and may be subject to catastrophic flooding from time to time and consequently is at greater risk of damage or destruction. OHT releases TRCA and the city from any responsibility for damage due to flooding. 9. TRCA is required to maintain insurance on the site in the amount of $5 million general liability and property insurance to full value of the cultural heritage resources to the extent reasonably available. Under the terms of the TRCA /city management agreement, the city is responsible for insurance on the site and under the terms of the lease, Evergreen assumes this obligation. 10. OHT is allowed to place a plaque on the site and TRCA is required to ensure public access to the site. 11. Rebuilding by TRCA in the event of damage or destruction under the easements is limited to insurance proceeds received. 12. The easement is to be compatible with any environmental clean up obligations of TRCA and the City pertaining to the site. DETAILS OF WORK TO BE DONE Staff of the city and TRCA have been working with staff of OHT for several months to draft the heritage conservation easement document. Evergreen has been a party to these discussions to ensure that they are aware of and accept the obligations which will be transferred to Evergreen under the terms of the lease. As of July 17, 2007, OHT had yet to confirm acceptance of the latest version of the easement. 309 Staff is seeking direction to enter into the easement agreement subject to the conditions described. Time is of the essence as signing of the lease with Evergreen and the entering into of the easement agreement must occur concurrently. If the lease is not signed, TRCA will not enter into the easement agreement. Report prepared by: Jim Dillane, extension 6292 Emails: jdillane @trca.on.ca For Information contact: Jim Dillane, extension 6292 Emails: jdillane @trca.on.ca Date: July 17, 2007 RES. #A162/07 - ADMINISTRATIVE ARRANGEMENTS Toronto and Region Conservation Authority - Toronto and Region Source Protection Authority. Authorization for Toronto and Region Conservation Authority to conduct daily planning and business of the Toronto and Region Source Protection Authority. Moved by: Seconded by: Richard Whitehead Maja Prentice WHEREAS the Clean Water Act, 2006, "the Act ", establishes a source protection area as the area over which a conservation authority has jurisdiction under the Conservation Authorities Act and directs the conservation authority to exercise and perform the powers and duties of a source protection authority, as further set out in the Act and regulations; THEREFORE LET IT BE RESOLVED THAT Toronto and Region Conservation Authority (TRCA) enter into a letter of agreement with the Toronto and Region Source Protection Authority (TRSPA) to enable TRCA to carry out the day -to -day planning and business of the TRSPA both in its capacity as a source protection authority and as the lead source protection authority for the CTC Region; THAT staff be authorized to take direction from the TRSPA in matters relating to the business of the TRSPA; AND FURTHER THAT appropriate TRCA officials be authorized and directed to take all necessary action to implement the letter of agreement. CARRIED BACKGROUND To ensure an effective and efficient business model for the day to day business of the TRSPA, recognizing the TRSPA has the same membership of the TRCA, it is in the best interests of the TRSPA and TRCA to enter into an agreement whereby the day to day business of the TRSPA will be accomplished in accordance with the policies and procedures of the TRCA, utilizing the established corporate financial and business infrastructure of the TRCA and staff resources of the TRCA, augmented as necessary to support the Source Water Protection Committee. 310 Opinion received from Conservation Ontario's legal advisor (Attachment 3), recommends that there be a formal written agreement in place between the Conservation Authority and the Source Protection Authority with respect to the use of its assets or the employment of staff for Source Protection Authority business. Report prepared by: Beverley Thorpe, extension 5577 Emails: bthorpe @trca.on.ca For Information contact: Beverley Thorpe, extension 5577 Emails: bthorpe @trca.on.ca Date: July 06, 2007 Attachments: 3 311 Attachment 1 ource Protection Planning: The Road Ahead 1 Annual Management & Implementation Lead Source Protection Authority 1 moni onng 1 (Municipal Lead) Source Protection Committee Source Protection Plan* Lead SPA to establish no later than mid- -Nov 2007 Submit within 5 years of chair appointment Working Groups Terms of Reference* Submit to SPA within Assessment Report* 12 months of chair Submit to SPA within 12 months after approval of ToR appointment * MOE Approval 312 Attachment 2 IMMEDIATE ACTIONS REQUIRED • Convene the TRSPA to undertake source protection responsibilities: • establish chair, vice -chair and signing officers & administrative rules; • authorize staff to Undertake next steps; • approval in principle of Memorandum of Agreement amongst 3 source protection authorities in the CTC. • TRSPA approve nominees and recommended candidate for chair of CTC SPC: • send no later than Aug. 3, 2007 to Minister of Environment for approval. • TRSPA endorse proposed composition of SPC and call for applicants: • staff to consult with municipalities, consider other comments received. CAO's of CVC, TRCA & CLOCA with Chair of TRCA and Chair of TRCA Watershed Advisory Board finalize composition and formally advise clerks of municipalities (no later than Sept.3, 2007) & set deadline to receive list of municipal representatives; and publish general notice on final composition; • advertisement for applicants for sectoral and general members to SPC in newspaper July 28, 2007 closing September 28, 2007; • staff consult with sectoral organizations to assist in identifying candidates for sectoral members. • Target date for TRSPA to approve appointments to CTC SPC is October 26, 2007 313 Attachment 3 WATEIZOUS HOLDEN AMEY HLTCHONur LAWYERS June 25, 2007 Conservation Ontario Box 11, 120 Bayview Parkway Newmarket, ON L3Y 4W3 Attention: Charlie Worte Dear Sir: Re: Relationship Between Conservation Authorities and Source Protection Authorities Our File No. 74325 PO. Box 1510 20 Wellington Street, Brantford, ON NOT 5V6 t (519) 759-6220 t (5t9) 759 -8360 »ww.wetoroushodan.00m Brian G. Finnigan direct 519 - 751 -6406 Further to our meeting of June 19, and your letter of June 20. I have again reviewed the Clean Water Act ( "CWA "), the regulations thereunder and the Conservation Authorities Act ("CA') in view of our conversation and the questions contained in your letter of June 20, and have the following comments as a result of that further review. A. General Comments Generally speaking, the relationship between Conservation Authorities and Source Protection Authorities is not clearly defined in the CWA. Although the CA specifies, in subsection 3(4) that every Conservation Authority is a body corporate, there is no such provision in the CWA with respect to Source Protection Authorities, and therefore whereas the Conservation Authority will be a body corporate, a Source Protection Authority will simply be a "person ", such as a body corporate (in most cases, a Conservation Authority), upon whom obligations are imposed by the CWA. The CWA, however, does not appear to impose on Conservation Authorities or Source Protection Authorities the kind of duties which would carry with them a high degree of risk of liability for damages. As well, the CWA has specific provisions in it, specifically in Section 98, to limit the potential liability of Source Protection Authorities and Source Protection Committees. There are not comparable limits of liability for Conservation Authorities in either the CWA or the CA. B. Relationship Between Conservation Authorities and Source Protection Authorities (1) Practical Considerations With respect to the specific issue of the relationship between Conservation Authorities and Source Protection Authorities, 1 would reiterate my previous comments to you that, from a practical standpoint, most Source Protection Authorities m the province (those which will have Clark Holden Polar Forbes Lorne Parkhi I Paul Amoy Tlmuthy Sheldon Patrick Carless James Hitchon Paler Quinlan Kevin Davis Deborah DiIchneld alien rinnigen David Clement carol woodcock Sondra CihSene Sharon Binning Leah NM Slevcn Portclli Heather Han Karinda Dockriil Donnie Ycocsnord Richard Wateruuc, porya.r WATEIQQU5 HOLDEN AMEY HITCHON., the same membership as the relevant Conservation Authority) will essentially be Conservation Authorities carrying on the additional duties imposed upon them by the CWA and the regulations thereunder. This follows from Section 2(1) of the CWA. With respect to those Source Protection Authorities which will comprise Conservation Authorities with additional members resulting from the increased jurisdictional authority consequent upon the addition of municipalities not governed by a Conservation Authority, that type of Source Protection Authority can again be viewed from a practical standpoint as a Conservation Authority with additional members added appointed as a Source Protection Authority with the duties specified in the CWA. Again, in each case this is a view of the relationship between the Conservation Authority and the Source Protection Authority which is a practical, operational view. B. Legal Position From a legal standpoint, the Source Protection Authority will be a decision making body separate from the Conservation Authority and having duties, rights and responsibilities distinct from those of the Conservation Authority. Therefore, the deliberations and decisions of the Source Protection Authority must be kept separate from the Conservation Authority and the Conservation Authority must not at any time assume any of the responsibilities of the Source Protection Authority under the CWA or the regulations thereunder. While it may seem difficult to aepai ite the twv, tiny duties tv by carried out by a Source Protection Authority under the CWA would have to be dealt with only by a Source Protection Authority (whether comprising only members of a Conservation Authority or members of a Conservation Authority and additional members as a result of increased jurisdiction) at a meeting which has been convened, and for which notice has been given, and which has specifically stated to be, a meeting of a Source Protection Authority and only the business of the Source Protection Authority should be dealt with at such meeting. Accurate minutes of a such a meeting would have to be kept and any direction to staff of a Conservation Authority resulting from decisions taken at such meeting would have to be dearly communicated as being directions requested by the Source Protection Authority to the Conservation Authority and then carried out by the staff of the Conservation Authority essentially on the basis that the Conservation Authority staff are acting on behalf of the Conservation Authority, which is itself acting as agent or contractor of the Source Protection Authority in carrying out duties requested by the Source Protection Authority. (There may be other ways of conceiving of the relationship of the Conservation Authority staff to the Source Protection Authority, but this seems to me to be the most logical). I would suggest that it would be rather impractical as well as difficult and costly to have Conservation Authority staff transferred by the Conservation Authority and directly employed by the Source Protection Authority, or to have assets of the Conservation Authority transferred to the Source Protection Authority for the limited purposes of the CWA. Rather, I would suggest that a formal written agreement (in the nature of a subcontracting or agency arrangement) should be in place between the Source Protection Authority and the Conservation Authority with respect to the use of assets or the employment of staff for Source Protection Authority business. It should be kept in mind that the resources of the Source Protection Authority will be very limited, and therefore in the event of litigation, wherein it could be anticipated that the Conservation Authority as such would be sued as well as the Source Protection Authority, it would be the assets of the Conservation Authority which would be at risk, and the staff of the Conservation _2_ 315 WATER US HOLDEN AMEY HITCHONIIT Authority upon whom a Plaintiff would seek to impose liability. Therefore, the liability insurer of the Conservation Authority would need to be consulted with respect to the possibility of liability, and would need to eonfirrtn that the policy in place for the Conservation Authority covers the staff, directors and officers, and the body corporate, with respect to the additional obligations imposed upon thc Conservation Authority by thc CWA, as Conservation Authority per se, and as Source Protection Authority per se. Similarly, lithe Conservation Authority carries out duties or supplies services to a Source Protection Committee, there should be a contractual arrangement in place to protect the staff and assets of the Conservation Authority in the event of a claim being made against it for anything arising out of those duties or services, and the insurance policy of the Conservation Authority would have to clearly cover any liability that Authority might have as a result of carrying out contracted duties. If the foregoing is not entirely clear, I would like to again reiterate that a Source Protection Authority is at law distinct from a Conservation Authority and therefore the decisions and deliberations of a Source Protection Authority must be kept quite separate from a Conservation Authority. This is notwithstanding the fact that from a practical standpoint, the Source Protection Authority is essentially in most cases the Conservation Authority sitting, deliberating and decision making in a different legal capacity only. The Source Protection Authorities which will comprise Conservation Authority members as well as additional members are not significantly different in that regard, although for insurance purposes the insurer may wish to have a separate policy for such a Source Protection Authority given the different make up of membership and the different jurisdictional authority of such a Source Protection Authority. C. Statutory Limitation of Liability As indicated above, there is an attempt in the CWA to limit the potential liability of bodies such as Source Protection Authorities or Source Protection Committees. Section 9S of the CWA specifies that no cause of action arises as a direct or indirect result of "anything done or not done by a Source Protection Committee, Source Protection Authority ...in accordance with Part 1, 11, or III," of the CWA. Section 98(2) states that "no costs, compensation or damages are owing or payable to any person and no remedy, including but not limited to a remedy in contract, restitution, tort or trust, is available to any person in connection with anything referred to in Section [98](1) (a) (b) (c) and (d)." Section 98(3) provides that "no proceeding, including but not limited to any proceeding in contract, restitution, tort or trust, that is directly or indirectly based on or related to anything referred to in clause [98](t) (a) (b) (o) or (d) may be brought or maintained against any person ", and "person" includes, but is not limited to, "Source Protection Authorities, Source Protection Committees ... and their employees and agents", - 3 - 316 WATERo_uS HOLDEN AMEY HITCHON,,. Section 99 provides for immunity from action for various persons including employees or agents of Source Protection Authorities, and specifically states in Section 99(2) that "no action or other proceeding shall be instituted against a person referred to in subsection (1) of any act done in good faith in the execution or intended execution of any power or duty to which this section applies or for any alleged neglect or default in the execution in good faith of that power or duty." This limitation of liability should be brought to the attention of the insurers of the Conservation Authorities and Source Protection Authorities, as it will be relevant to their determination of the risks that must be insured against. D. Structuring the Relationships to Avoid Liability You will note, from the foregoing, that Conservation Authorities per se are not protected in Sections 98 or 99, but rather Source Protection Committees and Source Protection Authorities are protected, as well as the employees or agents of Source Protection Authorities. As indicated above, I would think it unlikely that the employees of a Conservation Authority will become employees of a Source Protection Authority or Source Protection Committee or that assets of a Conservation Authority would be transferred to a Source Protection Authority or Source Protection Committee. However, a Conservation Authority employee, or more likely a Conservation Authority itself, could be an agent of a Source Protection Authority or Source Protection Committee, particularly if there was a contract of agency or contract for services between the Conservation Authority and the Source Protection Authority, and I would therefore recommend that such an agreement be in place in an attempt to clothe the Conservation Authorities and their employees with the type of protection that is contained in Sections 98 and 99 of the CWA. Such agreements would be tailored to the specific relationship in issue, so, for example, a lead Source Protection Authority might have a more comprehensive agreement than other Authorities in the relevant Source Protection Region. Such an agreement would provide, among other things, that the Source Protection Authorities and Source Protection Committees would save harmless and indemnify the staff and the Conservation Authority with respect to any claims brought against the Conservation Authority or staff in the course of carrying out duties for the Source Protection Committees or Source Protection Authorities, as the case may be With respect to the role and status of Conservation Authority staff in supporting the Source Protection Committees and Source Protection Authorities, I would suggest that it would be in order for Conservation Authorities to protect themselves and their staff in other ways also with respect to work carried out by Conservation Authority staff for any Source Protection Committees or Source Protection Authorities. Again, being cognizant of the fact that the Source Protection Committees and Source Protection Authorities will have limited resources, the Conservation Authority will wish to consult with their own insurer to make sure that the Conservation Authority and its staff is covered under the general liability and errors and omissions policy of the Conservation Authority with respect to the additional duties imposed upon the Conservation Authority by the CWA, or with respect to any duties carried out by the Conservation Authority on behalf of or at the request of the Source Protection Committees or Source Protection Authorities. As well, the Conservation Authority will have to make sure that it 317 if400.11qUatti ULTE4914 is clear when a Conservation Authority staff person is carrying out duties on behalf of an Source Protection Authorities or Source Protection Committees, and whether this is done by having the fiAtta.cmc% 440 :T PCNIAULLIgmra ?'a' PS�1g ► _ io., y Cr by. havi : the Source Protection Authorities or Source Protection Committees provide written instructions to such staff directly or through the Conservation Authority, or in some other manner, will have to be determined' in the course of having the work carika. out or prior to that work being effected. However, Conservation Authority staff will have to (to the extent that it is practicable) be cognizant of when they are acting for the Conservation Authority only, when they are acting for an Source Protection Committee or Source Protection Authority directly, or when they are carrying out work on behalf of the Conservation Authority as contracting party or agent of an Source Protection Committee or Source .Protection Authority. With respect to the issue of the Source Protection Committees specifically, those Committees will be significantly different from Conservation Authorities or Source Protection Authorities, in that the membership of the Source Protection Committees will have one -third of the members representing the interests of municipalities, one -third of the members representing the interests of agricultural, eouutreruial and industrial scxsturs, and um-Child of the iuecubers reflecting the interests of the general public. Those Committees should, I would suggest, notwithstanding the protection contained in Sections 98 and 99 of the CWA, obtain their own directors and officers and liability insurance policies. This is notwithstanding the fact that the Source Protection Committees are primarily responsible only for preparing the terms of reference for the preparation of an assessment report and source protection plan. The Source Protection Committees are not significantly involved in the carrying out or enforcement of such plan. The approval of the Source Protection Plan is the jurisdiction of the Ministry of the Environment under the CWA and I would suggest that the primary responsibility for the contents of that plan therefore rests with the Minister. However, it is at least conceivable that a claim could be made against a Source Protection Conunittee, and it fs reasonable for the members of such a committee to require insurance to be in place to protect there from loss. E. lasues for Discussion with the Insurer (1) The Conservation Authority will need to ensure that its liability and directors' and officers' insurance policy will cover the Authority for the duties it carries out under the CWA either directly, or as agent of or contractor to the Source Protection Authority or Source Protection Committee, or in its other legal guise as Source Protection Authority per se. (2) For those Conservation Authorities that will have additional jurisdictional authority and additional members in their guise as Source Protection Authorities, the insurer will need to be asked if the existing insurance coverage of the Conservation Authority can be expanded to cover the additional duties and authority and the additional members, or if a new policy is needed. The actions of the Conservation Authority will have to be insured against, as indicated in (1) above, whether those actions are seen as the actions of the Conservation Authority per se, or as agent or contraotnr to the Source Protection Authority or Source Protection Committee, or in its guise as Source Protection Authority per se. 318 WATEK t7S HOLDEN AMEX HLTCHON . (3) For Source Protection Committees, it will have to be determined what type of coverage is available and recommended. (4) The issue of the statutory protection against liability will need to be drawn to the insurer's attention, in order to have the risks insured against properly assessed. (5) If there are subcontracting or agency agreements entered between Conservation Authorities and Source Protection Authorities, or between Conservation Authorities and Source Protection Committees, and those agreements call for the Source Protection Authorities or Source Protection Committees, as the case may be, to save harmless and indemnify the Conservation Authorities, then the insurance of the Source Protection Authorities and Source Protection Committees should fund any liability of such bodies to the Conservation Authorities, and the policy should be reviewed in order to ensure that it does that. (6) I am not certain what type of policy or resolution is in place at present for Conservation Authorities to indemnify their members. For ordinary corporations, it is commonly the case that the bylaws of the corporation will require the corporation to indemnify directors and officers in the event that litigation is brought against the directors and officers personally for actions taken by them in pursuance of their duties to the corporation. If such a bylaw is not in place (the theory is), then in the event of such litigation, indemnification of the directors and officers by the corporation is not legally required, but only at the discretion of the corporation, and therefore as there is no obligation on the corporation to indemnify the directors, the directors' and officers' insurance policy will not pay the costs of indemnification. 1 would suggest that Conservation Authorities, Source Protection Authorities and Source Protection Committees should have some type of absolute requirement, whether that is in the form of a bylaw or otherwise, to indemnify the members of the Authority or Committee, as the rase may be, in order to insure that the members' (directors and officers) insurance is effective to protect the members in the event of litigation against them personally. This issue may also require discussion with the insurers. 1 hope that the foregoing comments are of assistant and should you wish to have clarification on any of the matters contained in this letter, or any other issues addressed, or have any questions, comments, or require elaboration of any point, please let me know. Yours very truly, WATEROUS, HOLDEN, AMEY, HITCHON LLP Per: Brian G. Finnigan E -mail - bfnnigan@waterousholden.com BGF/amc - 6 - 319 RES. #A163/07 - CITY OF TORONTO COST CONTAINMENT REQUEST Response to a request from the City of Toronto for Toronto and Region Conservation Authority to participate in the city's cost containment exercise. Moved by: Seconded by: Ron Moeser Jack Heath THAT WHEREAS the City Manager, City of Toronto, has requested that Toronto and Region Conservation Authority (TRCA) assist the city in dealing with its cost containment requirements and report back to the city by July 31, 2007; AND WHEREAS TRCA has already significantly constrained its 2007 budget while still meeting the needs of all of its municipal funding partners pursuant to the requirements of the Conservation Authorities Act; THEREFORE LET IT BE RESOLVED THAT the Chief Administrative Officer advise the City Manager, City of Toronto, that TRCA will continue to work with city staff to assist the city in dealing with its cost containment program and that TRCA staff will report to the city on possible actions to be taken based on a report and staff recommendations to the TRCA Business Excellence Advisory Board and Authority in September, 2007. CARRIED RATIONALE Staff is in receipt of an e-mail from Ms. Shirley Hoy, City Manager, City of Toronto (Attachment 1), requesting that TRCA report to the city on actions which may be taken to assist the City of Toronto in containing 2007 and 2008 expenditures. By way of background, the members should be aware that TRCA is a separate legal entity, a "body corporate under the Conservation Authorities Act ", and while TRCA is listed as one of the city's "Agencies Boards and Commissions ", it is closer to being like GO Transit. Having said that, TRCA cooperates closely with the city at a number of levels and is fully integrated into the city's annual budget process. TRCA's 2007 operating budget is $35.9 million of which the participating municipalities fund $10.3 million or about one third. Of the municipal share, the City of Toronto funds about 67% or $6.8 million. The city's share is about 19% of the operating budget. Of this amount, the city chooses to fund TRCA about 50% from water revenues. That is, half of the $6.8 million or $3.4 million is property tax supported. TRCA's levy of the City of Toronto, $6.8 million, represents 0.09% of the total city operating budget of $7.8 billion. The share of the levy on the property tax base, about $3.4 million is about 0.11% of the portion of the city's budget funded by property taxes ($3.221 billion). 320 TRCA has worked aggressively with the city and its other municipal partners to increase its non -tax revenues and reduce dependence on property taxes. In the case of the city, the levy as a percentage of total operating expenditures has decreased from 25.5% in 1995 to 19% in 2007. Considering only the property tax supported portion of the city levy, the percentage drops to 9.5 %. The Toronto City Manager and Finance staff have not given TRCA a "target amount" for cost containment. If we were to assume some sort of prorata share of the $100 million cost containment target, TRCA would have to reduce the $6.8 million levy by $7,200. The City Managers instructions refer to capital projects which are growth related or have significant future operating cost implications being deferred. All of TRCA's erosion projects and most other works are state of good repair projects with minimal future operating costs. If anything, some erosion projects will save money by reducing the need for future maintenance of deteriorating infrastructure. TRCA is engaged in projects for Toronto Waterfront Revitalization Corporation (TWRC) which will have future operating impacts: notably Port Union Waterfront Improvement Project, Mimico Waterfront Linear Park and Tommy Thompson Park. TRCA will consult with the city on the issue of continuing these projects. As a regional partnership, the city's funding of TRCA is matched with that of the regions of Peel, York and Durham, the Town of Mono and the Township of Adjala - Tosorontio. Just as the city funds GO Transit, TRCA receives funds to carry out its natural heritage and The Living City mandate. To engage in cost constraint is difficult without consultation with TRCA's other municipal partners. TRCA is currently responding to increased work loads and indeed is being encouraged by the regions to do more not less. Accordingly, it is difficult to consider across the board measures such as a hiring freeze, cancellation of printing and elimination of discretionary spending for which the city contributes 19 %. Because the request is from the city, if constraints were imposed it would seem logical to look to the one major TRCA facility located in the city, Black Creek Pioneer Village (BCPV). BCPV receives about 20% of the Toronto levy. The members are well aware that BCPV is only now building its revenue base having completed extensive capital works, ie. the Event Pavilion, and introducing new weekend event programming. Reductions to BCPV would have revenue implications since education bookings, events and programming is already in place for the balance of 2007. There would also be significant new costs associated with lay -offs that would more than offset any short term savings and defer any real savings to future years. In summary, given the nature of TRCA's partnership with its participating municipalities, and the relatively minimal share of any City cost constraint guideline, staff recommend that we advise the City Manager that while we are prepared to work with the City Finance staff, it is in the best interest of TRCA to do so through TRCA's Business Excellence Advisory Board. For Information contact: Jim Dillane, extension 6292 Emails: jdillane @trca.on.ca Date: July 26, 2007 Attachments: 1 321 Attachment 1 "Strateg is Communications" <st ratco m @to ro nto.ca> 07/19/2007 05:42 PM To <DYoung @explace.on.ca >, <dan @hummingbirdcentre.com >, "David Wallett" <dwallett@stic.com >, "Philip (TAF) Jessup" <PJessup @tafund.org >, "J. Steiner <jsteiner @tedco.ca >, "Bruce MacMillan" <bmac @torcvb.com >, "John Macintyre" <jmacint @toronto.ca >, "Maurice Anderson" <manderso @toronto.ca >, "Derek Ballantyne" < derek .ballantyne @torontohousing.ca >, "Bkair Perberdy" <bpeberdy @torontohydro.com >, "John N. Brooks" <jbrooks @torontohydro.com >, < officeofthechief @torontopolice.on.ca >, "Toronto Police Board" < board @torontopoliceboard.on.ca >, "Josephine Bryant" < jbryant @torontopubliclibrary.ca >, "Nancy Bennett" <nbennett @torontopubliclibrary.ca >, "Calvin White" <cwhite @torontozoo.ca >, <bdenney @trca.on.ca >, <gary.webster @ttc.ca >, "Mary Zigomanis" <mary.zigomanis @ttc.ca> cc "Shirley Hoy" <SHoy @toronto.ca> Subject Cost - containment measures The following message is being sent to the heads of all Agencies, Boards and Commissions on behalf of Toronto City Manager Shirley Hoy. The Mayor has asked that all Divisions and ABC's immediately implement cost containment measures with the goal of reducing operating and capital costs for the remainder of 2007. The purpose of the measures is to use the savings achieved toward reducing the 2008 operating budget shortfall. These cost containment measures are necessary because the City: 1.does not have the diverse sources of revenue required to fund city services 2.continues to be forced to divert the money needed for municipal services to pay the cost of provincially mandated programs 3.has depleted reserve funds and exhausted all other one -time revenue sources to pay for the ongoing operating costs of delivering core municipal services. The target for savings from cost containment measures between now and the end of 2007 has been set at $100 million. Cost containment strategies To achieve the savings target, I am requesting all Divisions and ABC's to take the following actions, effectively immediately: 1. A hiring freeze within all areas of the corporation. The only exceptions to the hiring freeze will be for positions where there are: a. legislated requirements for staffing ratios b. health and safety requirements; or, c. 100% funding for the position from other orders of government or external agencies 322 2. Service level adjustments that save operating budget dollars by reducing service levels (hours of service, etc); but not the elimination of entire services. 3. Elimination of discretionary spending; including, but not limited to, all business travel, conferences, consulting contracts, purchases of equipment, furniture, supplies, etc. 4. Cancellation of all advertising and production of print materials with significant circulation unless such materials are critically required for the delivery of services. Consultation with the Director of Strategic Communications should take place prior to the placement of any advertising or production of materials during this period. Deferral of any 2007 new or enhanced services and any capital projects where contracts have not yet been awarded related to service improvement and growth capital projects that will have future operating budget impacts. Please note that any exemptions to the above must be approved by the appropriate Deputy City Manager or me as the case may be. Administration Please submit the service level adjustments to be undertaken within your area by July 31, 2007 to Josie LaVita (jlavita @toronto.ca), Director of Financial Planning. The cost containment measures outlined may continue into 2008. Division Heads and ABC's will be advised if any changes to the containment measures will take place. To ensure consistency in our approach to managing containment measures, wherever possible, Division Heads and ABC's are requested to defer any reports that contain financial implications. Finally, given the need to address what could be a significant budget shortfall in 2008, I am asking Division Heads and ABC's to develop a list of potential service cuts for 2008 (including continuation of 2007 savings initiatives) which will be reviewed through the service planning and core service review process. While the cost - containment measures outlined will be difficult for residents and will require significant communication to ensure changes to the availability of services are well understood, the actions are necessary to mitigate against what could be much more severe service reductions in the future. I fully recognize that these necessary actions have significant service impacts. But the financial circumstances of the City are severe, and therefore your support and cooperation is very much appreciated. Shirley Hoy c.c. Members of Council 323 RES. #A164 /07 HEARING REPORT Application #393 /06 /TOR to permit development within a Regulated Area of the Humber River Laura Estario, 120 Hadrian Avenue, City of Toronto (Etobicoke York Community Council Area). David Frattaroli, agent for the owner, Ms. Laura Estario, has applied to the Toronto and Region Conservation Authority (TRCA), under Ontario Regulation 166/06, to permit the development of a one storey addition to the rear of the existing dwelling, a one storey garage addition to the south side of the dwelling and a wood deck above the existing rear patio. (Executive Res. #B66/07) Moved by: Seconded by: Linda Pabst Suzan Hall THAT item 8.1 - Hearing Report, contained in Executive Committee Minutes #5/07, held on July 6, 2007, be received. CARRIED RES. #A165 /07 - GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Duffins Creek Watershed Dan and Mona Farquharson, CFN 39364. Acquisition of a partial taking, located on the east side of Concession 3, north of Webb Road, Township of Uxbridge, Regional Municipality of Durham, under the "Greenlands Acquisition Project for 2006 - 2010 ", Flood Plain and Conservation Component, Duffins Creek watershed. (Executive Res. #B69/07) Moved by: Seconded by: Lois Griffin Maja Prentice THAT 1.56 hectares (3.85 acres), more or less, consisting of an irregular shaped parcel of vacant land, said land being Part of Lots 8 and 9, Concession 3, Township of Uxbridge, in the Regional Municipality of Durham, further being described as being Part 2 on Plan 40R- 24885, situated on the east side of Concession 3, north of Webb Road, be purchased from Dan and Mona Farquharson; THAT the purchase price be $2.00; THAT Toronto and Region Conservation Authority (TRCA) receive conveyance of the land required free from encumbrance, subject to existing service easements; THAT Gardiner Roberts LLP, Barristers and 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; 324 AND FURTHER THAT the appropriate TRCA officials be authorized and directed to take the necessary action to finalize the transaction including execution and signing of all necessary documentation. CARRIED RES. #A166 /07 - TENDER OPENING COMMITTEE Mimico Waterfront Linear Park Project, City of Toronto Tender RSD07 -09 for Supply and Delivery of 3 to 5 Tonne Armour Stone. Award of Tender RSD07 -09 for the supply and delivery of approximately 6,000 tonnes of 3 to 5 tonne armour stone to the Mimico Waterfront Linear Park Project, City of Toronto. (Executive Res. #B70/07) Moved by: Seconded by: Lois Griffin Maja Prentice THAT Tender RSD07 -09 for the supply and delivery of approximately 6,000 tonnes of 3 to 5 tonne armour stone to the Mimico Waterfront Linear Park Project, City of Toronto, for the total unit price of $45.94 per tonne plus applicable taxes be awarded to P.D. Brooks Haulage and Construction, it being the lowest bid that meets Toronto and Region Conservation Authority (TRCA) specifications. CARRIED RES. #A167 /07 - TENDER OPENING COMMITTEE Tender RSD07 -11 for the Supply of Rental Rates for Operated Heavy Construction Equipment and Dump Trucks. Award of Contact RSD07 -11 for the supply of operated heavy construction equipment and dump trucks. (Executive Res. #B71/07) Moved by: Seconded by: Lois Griffin Maja Prentice THAT Toronto and Region Conservation Authority (TRCA) utilize, as required, the services of Sartor & Susin Limited for the supply of operated heavy construction equipment and dump trucks for the period August 1, 2007 to July 31, 2008, it being the proposal that bests meets TRCA's requirements at the lowest overall cost; AND FURTHER THAT staff be authorized to use the next lowest tender if the need arises. CARRIED 325 SECTION II - ITEMS FOR AUTHORITY INFORMATION RES.#A168/07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: Linda Pabst Suzan Hall THAT Ontario Regulation 166/06 items 8.5.1 - 8.5.89, inclusive, contained in Section II of Executive Committee Minutes #5/07, held on July 6, 2007, be received. CARRIED RES.#A169/07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: Linda Pabst Gay Cowbourne THAT Section II items 9.2 - 9.3, contained in Executive Committee Minutes #5/07, held on July 6, 2007, be received. CARRIED Section II Items 9.2 & 9.3 ECO-INDUSTRIAL PARK- ETOBICOKE AND MIMICO WATERSHEDS (Executive Res. #B77/07) TENDER OPENING COMMITTEE (Executive Res. #B78/07) SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD RES.#A170/07 - SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD Moved by: Seconded by: Jack Heath Maja Prentice THAT Section IV items 9.4 and 9.5, inclusive, contained in Executive Committee Minutes #5/07, held on July 6, 2007, be received. Section II Items 9.4 & 9.5 LOWEST BID NOT ACCEPTED (Executive Res. #B79/07) LOWEST BID NOT ACCEPTED (Executive Res. #B80/07) CARRIED 326 RES.#A171/07 - CONSERVATION AUTHORITIES ACT AMENDMENT (Executive Res. //B81/07) Moved by: Seconded by: Jack Heath Maja Prentice THAT Section IV item 9.6 - Conservation Authorities Act Amendment, contained in Executive Committee Minutes #5/07, held on July 6, 2007, be received. AMENDMENT RES.#A172/07 Moved by: Seconded by: Jack Heath Maja Prentice THAT the following be inserted after the main motion: AND FURTHER THAT staff report back in September on possible changes to the meeting schedule to address conflicts with the City of Toronto meeting schedule. THE AMENDMENT WAS THE MAIN MOTION, AS AMENDED, WAS THE RESULTANT MOTION READS AS FOLLOWS: THAT Section IV item 9.6 - Conservation Authorities Act Amendment, contained in Executive Committee Minutes #5/07, held on July 6, 2007, be received; AND FURTHER THAT staff report back in September on possible changes to the meeting schedule to address conflicts with the City of Toronto meeting schedule. CARRIED CARRIED TERMINATION ON MOTION, the meeting terminated at 12:20 p.m., on Friday, July 27, 2007. Gerri Lynn O'Connor Brian Denney Chair Secretary-Treasurer /ks 327 c. THE TORONTO AND REGION CONSERVATION AUTHORITY MEETING OF THE AUTHORITY #7/07 September 28, 2007 The Authority Meeting #7/07, was held in the South Theatre, Black Creek Pioneer Village, on Friday, September 28, 2007. The Chair Gerri Lynn O'Connor, called the meeting to order at 10:07 a.m.. PRESENT Eve Adams Member Paul Ainslie Member Maria Augimeri Vice Chair David Barrow Member Bryan Bertie Member Laurie Bruce Member Bill Fisch Member Rob Ford Member Grant Gibson 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 Maja Prentice Member Gino Rosati Member John Sprovieri Member Richard Whitehead Member ABSENT Gay Cowbourne Member Glenn De Baeremaeker Member Lois Griffin Member Suzan Hall Member Bonnie Littley Member Glenn Mason Member Reenga Mathivanan Member 328 RES. #A173 /07 - MINUTES Moved by: Seconded by: Ron Moeser Linda Pabst THAT the Minutes of Meeting #6/07, held on July 27, 2007, be approved. PRESENTATIONS (a) CARRIED A presentation by Kevin Bowser, Manager, Parks, Etobicoke York District, Parks, Forestry & Recreation, City of Toronto, in regard to item 7.2 - Toronto Urban Farm at Black Creek Pioneer Village. (b) A presentation by Elbert van Donkersgoed, Executive Director, Greater Toronto Area Agricultural Action Committee, in regard to Enhancing Near -Urban Agriculture: The GTA Agricultural Action Plan. RES. #A174 /07 - PRESENTATIONS Moved by: Seconded by: Maria Augimeri David Barrow THAT above -noted presentation (a) be heard and received. RES. #A175 /07 - PRESENTATIONS Moved by: Seconded by: Maria Augimeri Jack Heath THAT above -noted presentation (b) be heard and received. SECTION I - ITEMS FOR AUTHORITY ACTION RES. #A176 /07 - Moved by: Seconded by: CARRIED CARRIED HEART LAKE CONSERVATION AREA Outdoor Aquatic Playground. Award of contract for the development of the Heart Lake Conservation Area Outdoor Aquatic Playground. Maja Prentice Colleen Jordan 329 THAT the contract for the construction of the Heart Lake Conservation Area Outdoor Aquatic Playground be awarded to Gateman- Milloy Inc., at an upset cost not to exceed $1,100,000, plus 10% for contingencies, plus applicable taxes, it being the lowest tender received that met Toronto and Region Conservation Authority (TRCA) specifications; THAT award of the contract be subject to terms and conditions satisfactory to TRCA staff and legal advisers, including but not limited to determination of the final contract cost not to exceed the approved amount; THAT should staff be unable to achieve an acceptable contract with the above - mentioned contractor, staff be authorized to enter into contract negotiations with other contractors that submitted tenders, beginning with the second lowest bidder; AND FURTHER THAT staff be authorized and directed to take such actions as is necessary to implement the contract including the signing of documents. CARRIED BACKGROUND It is the intent of TRCA to draw an expanded and diverse client base to Heart Lake Conservation Area in order to increase revenue. It is also the intention of TRCA to pursue the recommendations outlined in the Heart Lake Conservation Area Master Plan in its entirety. At Authority Meeting #5/06, held on June 23, 2006, Resolution #A133/06 regarding the endorsement of the Heart Lake Conservation Area (HLCA) Master Plan was approved as follows: THAT the Heart Lake Conservation Area Master Plan, dated June 1, 2006 be approved; AND FURTHER THAT funding for the implementation of the plan be included in the Toronto and Region Conservation Authority (TRCA) capital budget plan for Peel Region 2007 - 2011. One of the key recommendations of the HLCA Master Plan is the development of a state of the art outdoor aquatic playground to replace natural swimming in Heart Lake. Heart Lake suffers from algal blooms and has a murky bottom which contributes to a poor swimming experience. In order to support Heart Lake's shoreline naturalization project and restoration to a warm water fishery, swimming is to be discontinued. However, the removal of swimming is to coincide with the installation of the outdoor aquatic playground. As a result of and in conjunction with the recently endorsed HLCA Master Plan and approved capital budget funding from the Regional Municipality of Peel, staff retained the services of Harrington and Hoyle Landscape Architects for the preparation of the outdoor aquatic playground facility design. Over the last few months staff worked closely with Harrington and Hoyle Landscape Architects to prepare and refine the design and construction drawings required to move forward with the tendering and building permit process. 330 The outdoor aquatic playground is to be constructed on the lands owned and operated by TRCA as Heart Lake Conservation Area. The design features a state of the art barrier free 1,300 2 square metre (m) wetland theme outdoor aquatic playground. Key design features of the facility include; • 30+ wetland theme, user activated features aquatic playground elements and shade structures. These elements are necessary to expand upon the existing client base and make the Heart Lake outdoor aquatic playground a destination point; • 550 person capacity; • state of the art 10,000 gallon sand filtered closed loop water recycling system. This system filters and reuses water, thus reducing the accumulation of waste water and need for fresh water input; • ultraviolet (UV) water sanitation system; • wastewater that is generated through operational maintenance will be distributed through a dispersal system to irrigate surrounding soft landscaping; • energy and water efficient mechanical and washroom facilities, including low flow toilets and faucets, sensor automated lights and energy efficient pumps; and • green technologies will be incorporated into the facility where deemed feasible. In conjunction with Harrington and Hoyle Landscape Architects staff prepared a Request for Tender for the complete installation of the approved aquatic facility design. Based on the uniqueness and size of the project, the following firms were invited to submit tenders for the project; • Aldershot Landscape Contractors • Alpine Sodding & Landscaping • Ferdom Construction • Gateman- Milloy Inc. • Melfer Construction Ltd. • Mopal Construction Ltd. • Pine Valley Ent. Inc. • R. Galati Contracting Ltd • Rutherford Contracting Tender documents and drawings were distributed to the aforementioned general contractors on August 20, 2007. The tender closed on September 6, 2007 at 4:00 p.m.. The public opening was held on September 7, 2007 at TRCA's Head Office. Tenders were received as follows; COMPANY BID FERDOM CONSTRUCTION $1,563,615.50 GATEMAN - MILLOY Inc. $1,409,933.07 MELFER CONSTRUCTION LTD. $1,522,011.60 MOPAL CONSTRUCTION LTD. $1,486,544.00 PINE VALLEY ENT. INC. $1,553,281.60 331 ANALYSIS Staff evaluated the proposals based on criteria that included; • completeness; • compliance with tender requirements; • relevant project experience; • references; and • fee proposals. Based on the evaluation criteria and recommendations from Harrington and Hoyle Landscape Architects, staff concluded that the tender submitted by Gateman - Milloy Inc. meets all requirements set out in the tender documents and is the lowest bid received. Subsequently, staff evaluated the tenders and determined that the lowest tendered bid is over the approved available budget of $1,100,000.00. Staff recommends that the following series of cost saving measures be implemented during the contract negotiating phase in order to reduce project cost; 1) line item deletions: the project's scope of work to be altered by directly deleting line items from the tender form; 2) revisions using submitted unit prices: the project's scope of work to be altered by revising the quantity of selected design elements (revised prices shall be calculated by applying the unit prices for addition and deletion of items submitted by the contractor on the tender form) ; and 3) negotiated reductions using submitted lump sum prices after redesign: reductions to be achieved through the redesign of selected project elements and subsequent negotiations with the contractor. As a result of cost saving measure implementation, the integrity of the project will remain intact and not be compromised, and the completed outdoor aquatic playground facility will become a destination attraction. Staff is confident that as a result of implementing the above outlined cost saving measures during the contract negotiating phase, Gateman - Milloy Inc. will conduct the required tasks in a timely and cost effective manner that meet the approved facility budget of $1,100,000.00 and the opening date of July 1, 2008. If staff is unable to come to a mutually agreeable contract, then staff will enter into contact negotiations with the next lowest bidder. FINANCIAL DETAILS The bid prices received through the tender process were in keeping with industry expectations for the contract given the type and scope of work and current construction market conditions. Funds required to support and complete this project are available from Peel Region within the Public Use Peel Region Capital Budget account #422 -10. 332 Report prepared by: Brad Clubine, extension 5252 Email: bclubine @trca.on.ca For Information contact: Brad Clubine, extension 5252 Email: bclubine @trca.on.ca Date: September 13, 2007 RES. #A177/07 - Moved by: Seconded by: CONSERVATION LAND TAX INCENTIVE PROGRAM Update on the realty tax exemptions under the Community Conservation Lands criteria of the Conservation Land Tax Incentive Program. Jack Heath Bryan Bertie WHEREAS on December 10, 2004, the Ontario government announced Ontario Regulation 388/04 under the Assessment Act which expanded the criteria for lands that are eligible to receive a property tax exemption under the Conservation Land Tax Incentive Program (CLTIP); WHEREAS the deadline for applications under Regulation 388/04 for the 2005 taxation year was February 28, 2005; WHEREAS Ministry of Natural Resources (MNR) staff expressed uncertainty regarding what specific supporting documentation should be submitted with applications; WHEREAS MNR staff assured Toronto and Region Conservation Authority (TRCA) staff that TRCA would be given the opportunity to provide any additional supporting information required; WHEREAS TRCA delivered 327 applications to MNR on February 28, 2005 with pertinent supporting documentation with the expectation that if further issues arose these would be discussed and further information could be submitted; WHEREAS although it was MNR's target to review all applications by mid -2005, TRCA did not receive the results of its review until April 10, 2007, with no opportunity for discussion or further submission of information; WHEREAS MNR declined 250 of TRCA's 327 applications with little or no explanation; WHEREAS MNR stated that in spite of the delay in reviewing TRCA's applications, the opportunity to resubmit for 2005 and 2006 has been lost; THEREFORE LET IT BE RESOLVED THAT the Minister of Natural Resources be requested to review the MNR staff decision relating to TRCA's disallowed applications with a view to recognizing the validity of the TRCA applications; 333 AND FURTHER THAT TRCA's participating municipalities be requested to endorse the resolution and forward their endorsement to the Minister of Natural Resources. CARRIED BACKGROUND On December 10, 2004, the Ontario government announced Ontario Regulation 388/04 under the Assessment Act. The regulation came into force on January 1, 2005 for the 2005 taxation year. This regulation expands the criteria for lands that are eligible to receive a property tax exemption under the Conservation Land Tax Incentive Program. These new eligible lands are known as Community Conservation Lands (CCL). Properties must meet one of the following 11 criteria to qualify as Community Conservation Lands: • natural heritage features or areas identified in the Provincial Policy Statement; • regionally significant Areas of Natural and Scientific Interest; • habitats of species of special concern; • species occurrences or ecological communities designated as S1 (extremely rare), S2 (very rare), or S3 (rare to uncommon) by the Ministry of Natural Resources' Natural Heritage Information Centre; • natural areas within the natural core area, natural linkage area or countryside designations in the Oak Ridges Moraine Conservation Plan; • natural heritage areas identified within a regional or watershed plan or strategy; • lands within a municipal official plan or zoning by -law designated as environmental protection or an equivalent designation; • lands located within a Featured Area (Signature Site) set out in the Land Use Strategy that contribute to natural heritage protection; • escarpment protection areas within the Niagara Escarpment Plan; • areas identified under the Great Lakes Wetlands Conservation Action Plan; • areas within or adjacent to protected areas, such as provincial parks, that contribute to the natural heritage objectives of the protected area. To be eligible to receive an exemption under the Community Conservation Lands classification it was necessary to file an application with MNR for each assessment roll number by February 28, 2005 for the 2005 taxation year and on or before July 31 of the previous year for any subsequent taxation year. This regulation gave TRCA two months to prepare and submit the necessary applications. Although numerous discussions were held with MNR staff, there was a great deal of uncertainty regarding what specific supporting documentation should be submitted in conjunction with TRCA's applications. It was TRCA's understanding that MNR received a number of telephone calls from other conservation authorities (CAs) with similar concerns and frustrations. Due to the level of confusion from all sides, MNR suggested that at the very least, all CAs should submit their applications on or before the February 28, 2005 deadline date to formally qualify and if additional information was deemed necessary resulting from MNR's subsequent review, TRCA would be given the opportunity to provide any additional supporting information. 334 TRCA staff relied on this statement and, due to this and the very short time frame in which to apply, focused on gathering all the required documentation for lands which would, based on the information available at that time, have the greatest potential to qualify for property tax exemption. TRCA delivered 327 applications with pertinent supporting documentation to MNR in Peterborough, Ontario, on February 28, 2005 with the expectation that if further issues arose these would be discussed and further information could be submitted. Based on the then current market value assessments and applicable municipal tax rates, it was estimated that the aforementioned submissions could result in tax savings to TRCA of approximately $256,190 for the 2005 taxation year and a further anticipated savings of approximately $231,751 for the 2006 tax year. Of these amounts, $75,000 was approved for 2005 and $85,000 for 2006, leaving approximately $328,000 outstanding. In early March of 2005, follow up discussions were held with MNR to ascertain when TRCA could reasonably expect its applications to be reviewed. The timing of such reviews was critical: if appeals on assessments were to be made, they had to be submitted by March 31, 2005. MNR informed TRCA that it was overwhelmed by the large amount of applications that they had received and, as a result, it would take a month or so before they could estimate review dates. MNR indicated their target was to have all conservation land applications reviewed for approval and forwarded to Municipal Property Assessment Corporation (MPAC) offices by the end of June, 2005. This did not happen. In June of 2005, TRCA was told that since over half of all the applications reviewed were, in MNR's view, either incomplete, incorrect or lacking the necessary supporting documentation, CAs would be contacted (electronically) by MNR to advise them of when the review process for their applicable applications would commence. CAs would also be informed if additional information would be required to complete the review. MNR indicated that, in one particular instance, a complete set of incomplete applications forms were returned to a CA with the understanding that when they were properly completed, they could be resubmitted to MNR for review. This again led TRCA staff to believe that information, as deemed necessary, could in fact be submitted to MNR after the original deadline date of February 28, 2005. During the remainder of 2005 and all of 2006, MNR continued to set completion dates and did not meet them. On April 10, 2007, TRCA received an email from MNR with the outcome of MNR's review. Of the 327 applications, 250 were declined with little or no rationale. Up until this time TRCA was working on the understanding that it would have the opportunity to respond accordingly to any of the applications that were declined by MNR prior to any submission to MPAC by MNR. However, much to TRCA staff surprise, MNR indicated that the review process for the TRCA applications was complete, that all information had been forwarded to MPAC and that TRCA would not be allowed the opportunity to comment, provide any additional supporting information or appeal the decisions rendered. In short there would be no consultation, no opportunity to clarify and no opportunity to "appeal." This was completely contrary to the understanding that had been previously given. 335 TRCA staff was told that the matter (in terms of 2005/2006) was closed. A letter from Mr. Charles Lauer, Acting Deputy Minister (Attachment 1), states that "TRCA's declined applications,... cannot be resubmitted for the 2005 or 2006 tax years." MNR staff told TRCA no recourse was, nor would be made, available on the applications for 2005 or 2006. However, when an error in their review of an application was brought to MNR's attention for one of the properties that was declined, they were able to change the status of the application to be eligible even though MNR had already made their submission to MPAC. MNR would also allow TRCA the opportunity to resubmit for 2007 CCL applications declined for the 2005 and 2006 tax years (along with additional supporting documentation as indicated). TRCA staff also has concerns over why the majority of its applications for Managed Forest properties were not approved for 2005/2006. Given that the Managed Forest component represented over half of the anticipated tax savings for the two years ($173,000 of $328,000), TRCA takes issue with the fact that in essence, it appeared that MNR turned those applications down based on fact that they considered that TRCA's harvesting activities had 'commercial intent'. TRCA staff indicated that any harvesting operations on TRCA properties are carried out within the scope of good forest practices and offered the following comments: • the objective of thinning is to encourage the regeneration of more shade tolerant species in an effort to hasten the conversion of stands from an even aged monoculture to a more natural all aged climax type forest. • While operations do generate some revenue from timber sales, the overall cost of managing the property far exceeds the revenue. It would be neither prudent nor financially responsible to not sell harvested material to offset the cost of managing the properties when a market does exist. • TRCA's objective is not to grow trees for lumber but to achieve a native mixed forest. • In many of TRCA's properties where access is very difficult, staff has undertaken thinning operations to release the regeneration and improve the vigor of the remaining trees. In these instances, all of the material is left in the forest. • When the forest is already considered to be in a mature climax condition, tree removal would only be done to remove damaged, diseased or invasive trees or to improve the health and overall vigor of these stands. This is completely consistent with proper environmental management not 'commercial intent'. • TRCA's forests would never be harvested to decrease the environmental value of the stand or its contribution to the overall objectives of TRCA. Despite staff's explanation regarding TRCA forest management objectives, MNR is refusing to designate TRCA's managed forest lands under the CCL category. At the September 7, 2007 meeting of the Business Excellence Advisory Board (BEAB), staff advised the board of the difficulties experienced by TRCA staff in making submissions to MNR under the CLTIP. Staff advised that a letter had been sent to the Deputy Minister seeking resolution. Staff also advised that a report would be brought to the September 28, 2007 Authority meeting if there was no satisfactory response. TRCA received a negative response from the Acting Deputy Minister on September 24, 2007. 336 A copy of the letter from the Acting Deputy Minister of Natural Resources is attached. FINANCIAL IMPLICATIONS As a result of the failure of MNR staff to deal with this issue fairly and expeditiously, TRCA is faced with a funding shortfall. TRCA has accrued for 2005 and 2006 $487,941, of which $328,000 remains outstanding. In 2007, the potential additional cost is $277,000. This is reflective of an increased volume of applications. In 2008, if MNR is unwilling to consider recognizing that TRCA lands meet the criteria, an additional $300,000 will be required as part of the TRCA operating budget. It is TRCA practice to charge back the cost of taxes on lands to the participating municipality in whose jurisdiction the lands are located. DETAILS OF WORK TO BE DONE Since MNR staff are not willing to address TRCA concerns with the process, staff are recommending that TRCA request that the Minister intervene to correct this situation. A second option would be a judicial review of MNR's decision. It is TRCA's solicitor's opinion that MNR has not acted properly, has made a number of incorrect decisions based on information believed not to be completely accurate and received from other sources and has failed to give TRCA a fair hearing. Report prepared by: Mike Fenning, extension 5223 Email: mfenning @trca.on.ca For Information contact: Mike Fenning, extension 5223 or Ron Dewell, extension 5245 or Jim Dillane, extension 6292 Emails: mfenning @trca.on.ca or rdewell @trca.on.ca or jdillane @trca.on.ca Date: September 26, 2007 Attachments: 1 337 Attachment 1 Ministry of Natural Resources Office of the Deputy Minister Room 6643, Whitney Block 99 Wellesley Street West Toronto ON M7A 1W3 Tel: 416-314-2150 Fax: 416-314-2159 SEP Z 0 2001 Ministere des Richesses naturelies Bureau du sous-ministre Edifice Whitney, bureau 6643 99, rue Wellesley Ouest Toronto (Ontario) M7A 1W3 Tel.: 416-314-2150 Telec.: 416-314-2159 Mr. Brian Denney Chief Administrative Officer Toronto and Region Conservation Authority 5 Shoreham Drive Downsview ON M3N 1S4 Dear Mr. Denney: 94,Pinrti lkurc rfi IL— h tar ri o jpri,5,7 71: SEP 2 4 2007 MN Thank you for your letter of August 28, 2007, regarding the Community Conservation Lands (CCL) category of the Conservation Land Tax Incentive Program (CLTIP). It is important to the Ministry of Natural Resources (MNR) and to all participants in CLTIP that it is administered in a fair and equitable manner while maintaining the intent of the program. To that end, MNR staff will continue to work with TRCA to bring all eligible properties into CLTIP. As for TRCA's declined applications, they cannot be resubmitted for the 2005 or 2006 tax years at this time as the Assessment Act, 2001, and its regulations do not provide a mechanism to revisit assessment and taxation once the tax year has passed. While the deadline for 2007 CLTIP applications has passed, we can and will process resubmitted and approved applications for the 2007 tax year through Minutes of Settlement under the authority of the CLTIP Administrator, as well as processing them for the 2008 tax year. I appreciate your interest in discussing this matter further. I have asked Pat Freistatter, Manager of Biodiversity Section, to contact you to follow up on this matter. In the meantime, should you wish to contact her directly, Ms. Freistatter can be reached at (705) 755-5105. Again, thank you for writing. Sincerel '44 Charfie Lkier Acting Deputy Minister c: Pat Freistatter, Manager, Biodiversity Section, Fish and Wildlife Branch David Hintz, Coordinator, Biodiversityillabitat Unit, Fish and Wildlife Branch 338 RES. #A178/07 - Moved by: Seconded by: GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Guildwood Parkway Erosion Control Project. Acquisition of property rights on the Lake Ontario shoreline, City of Toronto, in the Scarborough Community Council Area, to facilitate the construction of Guildwood Parkway Erosion Control Project. Maja Prentice Colleen Jordan THAT the Toronto and Region Conservation Authority (TRCA) acquire the following property rights to facilitate the construction of the Guildwood Parkway Erosion Control Project: Parcel 'A' THAT TRCA acquire a temporary working easement for access on the southerly 10 metres of lands owned by Lois Code being Part of Lot 4, Registered Plan 2413, City of Toronto (formerly City of Scarborough) and municipal known as 469 Guildwood Parkway; THAT the term of the temporary easement be 18 months commencing October 1, 2007; THAT the rent be $15,000 plus $1,000 on account of the vendor's legal fees. Parcel 'B' THAT TRCA acquire a temporary working easement for access on the southerly 10 metres of lands owned by Roy and Denise Wright being Part of Lot 5, Registered Plan 2413, City of Toronto (formerly City of Scarborough) and municipal known as 471 Guildwood Parkway; THAT the term of the temporary easement be 18 months commencing October 1, 2007; THAT the rent be $15,000 plus $1,000 on account of the vendor's legal fees. Parcel 'C' THAT a parcel of land containing 0.049 hectares (0.121 acres) being Part of Lot 6, Registered Plan 2413, designated as Part 8 on Plan 64R- 11988, City of Toronto (formerly City of Scarborough) and municipal known as 477 Guildwood Parkway be purchased from Linda Ambos; THAT the purchase price be $2.00 plus vendor's reasonable legal costs. Parcel 'D' THAT an easement for access containing 0.033 hectares (0.082 acres) being Part of Lot 7, Registered Plan 2413, designated as Part 2 on Plan 64R- 11988, City of Toronto (formerly City of Scarborough) and municipal known as 483 Guildwood Parkway be purchased from Le Chau LY; 339 THAT the purchase price be $2.00 plus vendor's reasonable legal costs. 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 transactions 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 appropriate TRCA officials be authorized and directed to execute all necessary documentation required. CARRIED BACKGROUND The Guildwood Parkway Erosion Control Project was originally developed in 1987 to provide protection for twenty -three (23) residential dwellings along the Scarborough Bluffs. Due to unresolved property issues, protective works were not completed along the entire length of the Guildwood Parkway sector. Currently, 600 m of the most westerly portion of the Guildwood Parkway sector is provided with shoreline protection in the form of an armourstone revetment, constructed as part of the original Guildwood Parkway Erosion Control Project. Phase 2 of the project was initiated in 2004 to complete shoreline stabilization and erosion control works for the remaining nine (9) properties not protected in the first phase. The proposed remedial works will provide protection for 170 m of shoreline, from the end of the existing revetment to below 483 Guildwood Parkway, just west of Morningside Avenue. While most of the affected landowners participated in the design process for Phase 2 and were satisfied with the final design, the owners of 469 and 471 Guildwood Parkway have recently withdrawn their support of the project. In the late 1980's the owner of 471 Guildwood Parkway undertook extensive top dumping to stabilize the bluff in front of his property. This work also provided protection for his neighbour at 469 Guildwood Parkway. The work was done with a permit from TRCA. This owners of 469 and 471 Guildwood Parkway feel that they do not require the work to protect their property, however they are willing to rent the necessary land to TRCA for access during construction at $10,000 each per year. RATIONALE The subject property is required for the construction of the Guildwood Parkway Erosion Control Project. TAXES AND MAINTENANCE The parcel of land to be acquired will be turned over to the City of Toronto under the terms of the existing management agreement. 340 FINANCIAL DETAILS Funds for the costs related to this purchase are available in the Guildwood Parkway Erosion Control Project, through the City of Toronto capital. Report prepared by: Mike Fenning, extension 5223 Emails: mfenning @trca.on.ca For Information contact: Mike Fenning, extension 5223 or Ron Dewell, extension 5245 Emails: mfenning @trca.on.ca or rdewell @trca.on.ca Date: September 26, 2007 Attachments: 1 341 Attachment 1 1 1 A 0 0 curp is9-e Gotts, 63, trI Z 464$0.00V41044 ocrefir 100440-42eArra. fror#4.00441 d ieveountaCr.A744 eoreAtectik,VAII 71174P2P-A .4,06% ,01,/, :ipearAppfap# 110AVOr45 11 S1 ,114111 4:070riree.40 0:04 4 ithrit ei,;01.opiot 174..50 71,* onservation for The Living City TRCA LANDS 1 342 15 m M m 0. 01 C ret' 0 — 73 0 z 0 rn D ri 7:1 21 --4 0 0 RES. #A179 /07 - Moved by: Seconded by: GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Lake Ontario Waterfront, Pickering /Ajax Sector Estate of Edwin Stanley Nice, CFN 35813. Acquisition of a property, located south of Bayly Street, west of Liverpool Road, Frenchman's Bay Area of the City of Pickering, Regional Municipality of Durham, under the "Greenlands Acquisition Project for 2006 - 2010 ", Lake Ontario Waterfront, Pickering /Ajax Sector. (Executive Res. #B91 /07) Richard Whitehead Ron Moeser THAT 0.86 hectares (2.13 acres), more or less, consisting of an irregular shaped parcel of vacant land, said lands being Part of Lots 31, 32 and 33, Registered Plan 239 and Part of Lot 24, Range 3, Broken Front Concession, City of Pickering, Regional Municipality of Durham, located south of Bayly Street, west of Liverpool Road, be purchased from Estate of Edwin Stanley Nice; THAT the purchase price be $27,500; THAT Toronto and Region Conservation Authority (TRCA) receive conveyance of the land required free from encumbrance, subject to existing service easements; THAT Gardiner Roberts, Barristers and 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 by TRCA; AND FURTHER THAT the appropriate TRCA officials be authorized and directed to take the necessary action to finalize the transaction including execution and signing of all necessary documentation. RES. #A180 /07 - Moved by: Seconded by: CARRIED GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Duffins Creek Watershed William and Judith Wilder, CFN 37727. Acquisition of a partial taking, located on the west side of Concession Road 4, south of Durham Road 21, Township of Uxbridge, Regional Municipality of Durham, under the "Greenlands Acquisition Project for 2006 - 2010 ", Flood Plain and Conservation Component, Duffins Creek watershed. (Executive Res. #B92/07) Richard Whitehead Ron Moeser 343 THAT 2.4 hectares (6 acres), more or less, consisting of an irregular shaped parcel of vacant land, said lands being Part of Lots 12 and 13, Concession 3, Township of Uxbridge, Regional Municipality of Durham, located on the west side of Concession Road 4, south of Durham Road 21, be purchased from William and Judith Wilder; THAT the purchase price be $60,000 (6 acres @ $10,000); THAT acquisition by Toronto and Region Conservation Authority (TRCA) is conditional on all necessary funding being available; THAT TRCA grant a conservation easement to the Oak Ridges Moraine Land Trust; THAT TRCA receive conveyance of the land required free from encumbrance, subject to existing service easements; THAT Gardiner Roberts, Barristers and 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 by TRCA; AND FURTHER THAT the appropriate TRCA officials be authorized and directed to take the necessary action to finalize the transaction including execution and signing of all necessary documentation. RES. #A181/07 - Moved by: Seconded by: CARRIED GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Don River Watershed Andridge Homes Ltd., CFN 39394. Purchase of property located west of Bathurst Street and south of Teston Road, City of Vaughan, Regional Municipality of York, under the "Greenlands Acquisition Project for 2006 - 2010 ", Flood Plain and Conservation Component, Don River watershed. (Executive Res. #893/07) Richard Whitehead Ron Moeser THAT 4.31 hectares (10.66 acres), more or less, of vacant land being Part of Lots 23, 24 and 25, Concession 2 and designated as Blocks 36, 37, 38, 152, 153, 155 and 157 on draft Plans of Subdivision prepared by Schaeffer & Dzaldov Ltd., Ontario Land Surveyors, under their Job Nos. 03- 872 -OOA and 03- 870 -00B, dated May 17, 2007 and June 4, 2007, respectively, City of Vaughan, Regional Municipality of York, located west of Bathurst Street and south of Teston Road be purchased from Andridge Homes Ltd.; THAT the purchase price be $2.00; 344 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 appropriate TRCA officials be authorized and directed to execute all necessary documentation required. RES. #A182/07 - Moved by: Seconded by: CARRIED GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Humber River Watershed Estate of Kathleen Joan Campbell, CFN 39582. Acquisition of a parcel of land municipally known as 9784 Columbia Way, Town of Caledon, Regional Municipality of Peel, under the "Greenlands Acquisition Project For 2006 - 2010 ", Flood Plain and Conservation Component, Humber River watershed. (Executive Res. #894/07) Richard Whitehead Ron Moeser THAT 37 hectares (92 acres), more or less, consisting of an irregular shaped parcel of land improved with a detached frame single family dwelling, inground pool and Quonset hut, said lands being Part of Lot 1, Concession 8, Albion, Town of Caledon, in the Regional Municipality of Peel, municipally known as 9784 Columbia Way, be purchased from the Estate of Kathleen Joan Campbell; THAT the purchase price be $900,000.00; THAT acquisition by Toronto and Region Conservation Authority (TRCA) is conditional on all necessary funding being available; THAT TRCA grant a conservation easement to the Oak Ridges Moraine Land Trust; THAT TRCA receive conveyance of the land free from encumbrance, subject to existing service easements; THAT Gardiner Roberts, Barristers and 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 by TRCA; AND FURTHER THAT the appropriate TRCA officials be authorized and directed to execute all necessary documentation required. CARRIED 345 RES. #A183 /07 - Moved by: Seconded by: GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Rouge River Watershed 1666001 Ontario Limited, CFN 39627. Acquisition of a property located at 11188 Yonge Street, west side of Yonge Street and south of Gamble Road, Town of Richmond Hill, Regional Municipality of York, under the "Greenlands Acquisition Project for 2006 - 2010 ", Flood Plain and Conservation Component, Rouge River watershed. (Executive Res. #895/07) Richard Whitehead Ron Moeser THAT 0.630 hectares (1.55 acres), more or less, of vacant land being Part of Lot 5 and Block A, Registered Plan 1642 and designated as Part 3 on Plan 65R- 30150, prepared by E.R. Garden Limited OLS under file #07 -4711, Town of Richmond Hill, Regional Municipality of York, located at 11188 Yonge St, east side of Yonge Street and south of Gamble Road, Town of Richmond Hill, Regional Municipality of York, be purchased from 1666001 Ontario Limited; 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 1666001 Ontario Limited provide a temporary Right -Of -Way to TRCA across their retained land for access for maintenance until direct permanent access to the property is available; 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 by TRCA; AND FURTHER THAT the appropriate TRCA officials be authorized and directed to execute all necessary documentation required. RES. #A184 /07 - CARRIED GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component , Carruthers Creek Watershed Loblaw Properties Ltd., CFN 39663. Acquisition of a property located on Bayly Street East, west of Audley Road North, Town of Ajax, Regional Municipality of Durham, under the "Greenlands Acquisition Project for 2006 - 2010" Flood Plain and Conservation Component, Carruthers Creek Watershed (Executive Res. #896/07) 346 Moved by: Seconded by: Richard Whitehead Ron Moeser THAT 16.48 hectares ( 40.72 acres), more or less, of vacant land being Parts 22 and 24 on Registered Plan 40R- 24988, Town of Ajax, Regional Municipality of Durham, located on Bayly Street East, west of Audley Road North be purchased from Loblaw Properties Ltd.; 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 by TRCA; AND FURTHER THAT the appropriate TRCA officials be authorized and directed to execute all necessary documentation required. RES. #A185/07 - Moved by: Seconded by: CARRIED GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Duffins Creek Watershed Gary Ruona and Liivi Kask - Ruona, CFN 39664. Acquisition of a partial taking, located on the north side of Webb Road, east of Concession Road 2 and municipally known as 230 Webb Road, Township of Uxbridge, Regional Municipality of Durham, under the "Greenlands Acquisition Project for 2006 - 2010 ", Flood Plain and Conservation Component, Duffins Creek watershed. (Executive Res. #897/07) Richard Whitehead Ron Moeser THAT 0.1 hectares (0.25 acres), more or less, consisting of an irregular shaped parcel of vacant land, said lands being Part of Lot 6, Concession 2, Township of Uxbridge, Regional Municipality of Durham, located on the north side of Webb Road, east of Concession Road 2 and municipally known as 230 Webb Road, be purchased from Gary Ruona and Liivi Kask - Ruona; THAT the purchase price be $15,000.00; THAT acquisition by Toronto and Region Conservation Authority (TRCA) is conditional on all necessary funding being available; THAT TRCA grant a conservation easement to the Oak Ridges Moraine Land Trust; 347 THAT TRCA receive conveyance of the land required free from encumbrance, subject to existing service easements; THAT Gardiner Roberts, Barristers and 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 by TRCA; AND FURTHER THAT the appropriate TRCA officials be authorized and directed to take the necessary action to finalize the transaction including execution and signing of all necessary documentation. RES. #A186/07 - Moved by: Seconded by: CARRIED GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Duffins Creek Watershed Churchill Chimes Equestrian Centre Ltd., CFN 39665. Acquisition of a partial taking, located on the north side of Webb Road, east of Concession Road 2 and municipally known as 246 Webb Road, Township of Uxbridge, Regional Municipality of Durham, under the "Greenlands Acquisition Project for 2006 - 2010 ", Flood Plain and Conservation Component, Duffins Creek watershed. (Executive Res. #898/07) Richard Whitehead Ron Moeser THAT 0.1 hectares (0.25 acres), more or less, consisting of an irregular shaped parcel of vacant land, said lands being Part of Lot 6, Concession 2, Township of Uxbridge, Regional Municipality of Durham, located on the north side of Webb Road, east of Concession Road 2 and municipally known as 246 Webb Road, be purchased from Churchill Chimes Equestrian Centre Ltd.; THAT the purchase price be $15,000.00; THAT acquisition by Toronto and Region Conservation Authority (TRCA) is conditional on all necessary funding being available; THAT TRCA grant a conservation easement to the Oak Ridges Moraine Land Trust; THAT TRCA receive conveyance of the land required free from encumbrance, subject to existing service easements; THAT Gardiner Roberts, Barristers and 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 by TRCA; 348 AND FURTHER THAT the appropriate TRCA officials be authorized and directed to take the necessary action to finalize the transaction including execution and signing of all necessary documentation. RES. #A187/07 - Moved by: Seconded by: CARRIED BELL CANADA Request for Permanent Easement for the Relocation of a Telephone Cable Conduit, Humber River Watershed, City of Toronto (North York Community Council Area), CFN 38608. Receipt of a request from Bell Canada to provide a permanent easement for the relocation of a telephone cable conduit on the north side of Finch Avenue (at the Black Creek culvert), west of Sentinel Road, Humber River watershed, City of Toronto (North York Community Council Area). (Executive Res. #899/07) Richard Whitehead Ron Moeser THAT WHEREAS Toronto and Region Conservation Authority (TRCA) is in receipt of a request from Bell Canada to provide a permanent easement for the relocation of a telephone cable conduit on the north side of Finch Avenue (at the Black Creek culvert), west of Sentinel Road, Humber River watershed, City of Toronto (North York Community Council Area); 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 Bell Canada in this instance; THEREFORE LET IT BE RESOLVED THAT a permanent easement containing 0.043 hectares (0.105 acres), more or less, be granted to Bell Canada for the relocation of a telephone cable conduit, said land being Part of Lot 21, Concession 4 WYS, City of Toronto (North York Community Council Area), designated as Parts 2 to 11, inclusive, on Plan 66R- 23086; THAT TRCA grant the easement across the subject land on the following terms and conditions: (a) The easement price is to be the sum of $10,000.00; (b) Bell Canada is to pay all TRCA's legal, appraisal, survey and other costs incurred to complete the transaction; (c) Bell Canada is to fully indemnify TRCA from any and all claims for injuries, damages or costs of any nature, resulting in any way, either directly or indirectly, from the granting of this easement or carrying out construction; 349 (d) Any additional conditions as deemed appropriate by TRCA's solicitor. THAT a permit pursuant to Ontario Regulation 166/06 be obtained for the construction; THAT an archaeological investigation is to be conducted by TRCA Archaeology staff with any mitigative measures required being carried out at the expense of Bell Canada; THAT the granting of this easement is subject to consultation with the City of Toronto Parks, Forestry and Recreation Department who manage these lands on behalf of TRCA; THAT said agreement be subject to the 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 the appropriate TRCA officials be authorized and directed to take whatever action may be required to give effect thereto, including the obtaining of necessary approvals and the execution of any documents. RES. #A188/07 - Moved by: Seconded by: CARRIED THE REGIONAL MUNICIPALITY OF YORK Conveyance of Land for the Widening of Stouffville Road and Warden Avenue, Town of Whitchurch- Stouffville, Rouge River Watershed, CFN 39628. Receipt of a request from the Regional Municipality of York for conveyance of land for the widening of Stouffville Road, between Warden Avenue and Kennedy Road and the widening of Warden Avenue south of Stouffville Road, in the Town of Whitchurch- Stouffville, Regional Municipality of York. (Executive Res. #B 100/07) Richard Whitehead Ron Moeser THAT WHEREAS Toronto and Region Conservation Authority (TRCA) is in receipt of a request from the Regional Municipality of York to convey certain lands for the widening of Stouffville Road, between Warden Avenue and Kennedy Road and the widening of Warden Avenue south of Stouffville Road, in the Town of Whitchurch - Stouffville, Regional Municipality of York; WHEREAS it is in the opinion of TRCA that 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 Regional Municipality of York in this instance; 350 THEREFORE LET IT BE RESOLVED THAT a parcel of TRCA -owned land containing 1.04 hectares (2.57 acres), more or less, required for the widening of Stouffville Road and Warden Avenue, said land being Part of Lot 35, Concessions 5, Town of Whitchurch - Stouffville, Regional Municipality of York, designated as Parts 6, 7 and 8; Parts 9, 12, 13, 14 and 15; Parts 6, 7 and 8 on Plans of Survey prepared by Schaeffer & Dzaldov Limited under their Project Nos. 07- 045- 00 -04A, 07- 045- 00 -05A and 07- 045- 00 -06A, respectively, be conveyed to the Regional Municipality of York; THAT consideration be the nominal sum of $2.00, plus all legal, survey and other costs to be paid by the Regional Municipality of York; THAT an archaeological investigation be completed, with any mitigative measures being carried out to the satisfaction of TRCA staff, at the expense of the Regional Municipality of York; THAT the conveyance of land be subject to a landscaping plan, subject to the approval of TRCA staff; THAT the Regional Municipality of York 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 this sale or the carrying out of construction; THAT said conveyance 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 the appropriate TRCA officials be authorized and directed to take whatever action may be required to give effect hereto, including the obtaining of necessary approvals and the execution of any documents. RES. #A189/07 - Moved by: Seconded by: CARRIED REQUEST TO LEASE TRCA -OWNED LAND Giuseppe and Melissa Paolicelli City of Vaughan, CFN 39645. Proposal to lease approximately 0.06 hectares (0.16 acre) of Toronto and Region Conservation Authority -owned land located north of Major Mackenzie Drive, east of Highway 27, adjacent to 38 Highland Creek Court, City of Vaughan, for a 20 year period for landscaping purposes. (Executive Res. #B 101 /07) Richard Whitehead Ron Moeser 351 THAT WHEREAS the Toronto and Region Conservation Authority (TRCA) is in receipt of a request from Giuseppe and Melissa Paolicelli to enter into a long -term lease arrangement for lands located on the north of Major Mackenzie Drive and east of Highway 27, adjacent to 38 Highland Creek Court, City of Vaughan; AND WHEREAS it is in the opinion of TRCA that it is in the best interests of TRCA in furthering its objectives, as set out in Section 20 of the Conservation Authorities Act, to cooperate with Giuseppe and Melissa Paolicelli in this instance; THEREFORE LET IT BE RESOLVED THAT TRCA enter into a long -term lease of approximately 0.06 hectares, more or less, (0.16 acres) of land with Giuseppe and Melissa Paolicelli for landscaping purposes, said land being Part of Block 13, Plan 65M -3844, City of Vaughan, Regional Municipality of York; THAT the lease arrangement with Giuseppe and Melissa Paolicelli be premised on the following: (i) the term of the lease will be 20 years with no right for renewal; (ii) the rental rate is to be $20,000 for the 20 year period payable in advance; (iii) Giuseppe and Melissa Paolicelli shall be solely responsible for all costs associated with the installation, maintenance and repair of the landscaping; (iv) Giuseppe and Melissa Paolicelli shall be solely responsible for payment of all realty taxes levied against the property; (v) any other terms and conditions deemed appropriate by TRCA's solicitor. THAT an archaeological review is to be completed at the expense of Giuseppe and Melissa Paolicelli with any mitigative measures being carried out to the satisfaction of TRCA; THAT the lease be subject to the 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, if required; AND FURTHER THAT the appropriate TRCA officials be authorized and directed to take whatever action may be required to give effect thereto, including the obtaining of necessary approvals and the execution of any documents. RES. #A190/07 - CARRIED DON RIVER BRIDGE Hydro One Networks Incorporated. Approval for expenditure for Hydro One's involvement in the project. (Executive Res. #B 102/07) 352 Moved by: Seconded by: Richard Whitehead Ron Moeser WHEREAS the Authority, by Resolution #A262/06, at meeting #9/06, held on November 24, 2006, authorized a new upset limit for expenditure of $150,000.00 plus 10% contingency with Hydro One Networks Incorporated (HONI) for the purposes of providing administration, planning, oversight, review and relocation of the underground high voltage cables as is required for the Don River Bridge Extension works; WHEREAS construction related delays and project complexity have resulted in HONI costs to be incurred to an upset limit of $250,000.00; WHEREAS the Toronto Waterfront Revitalization Corporation (TWRC) is aware of these higher costs and has been working with Toronto and Region Conservation Authority (TRCA) to resolve this issue; THEREFORE LET IT BE RESOLVED THAT staff be authorized to amend the upset limit to $250,000.00, plus a 10% contingency, plus applicable taxes, in order to compensate HONI for their involvement in all aspects of the relocation of the underground high voltage cables, said costs being subject to the approval of TWRC. CARRIED RES. #A191/07 - Moved by: Seconded by: DON RIVER BRIDGE Detailed Design and Construction Administration Contract With Totten Sims Hubicki. Addenda to contract with Totten Sims Hubicki. (Executive Res. #B 103/07) Richard Whitehead Ron Moeser WHEREAS the consultant team led by Totten Sims Hubicki (TSH) and Earth Tech were awarded a contract, pursuant to the works outlined in Authority Resolutions #A31/05 and #A99/05, at an upset cost of $1,114,721.11 (GST inclusive); WHEREAS Authority Resolution #A185/06, held at Authority Meeting #7/06 on September 29, 2006, authorized a new upset limit to TSH's contract of $1,422,565.00 plus a 10% contingency of $60,049.60; WHEREAS a three month delay in the construction completion date for the Don River Bridge, due to project complexity, has extended the period of time required for construction administration services to be provided by TSH; WHEREAS TSH has provided a revised budget estimate to address their construction administration costs until September 2007, the new projected construction completion date; 353 WHEREAS the Toronto Waterfront Revitalization Corporation (TWRC) has reviewed and authorized TSH's revised budget request; WHEREAS construction is anticipated to be completed by September 2007; THEREFORE LET IT BE RESOLVED THAT an increase of the total contract award to an upset limit of $1,578,422.00 plus a 10% contingency of $75,635.30, plus applicable taxes, be authorized. COMMITTEE OF THE WHOLE RES. #A192 /07 Moved by: Seconded by: Jack Heath Eve Adams CARRIED THAT the committee move into closed session to discuss item 9.14 - Port Union Waterfront Improvement Project. ARISE AND REPORT RES. #A193 /07 Moved by: Seconded by: John Sprovieri Maria Augimeri THAT the committee arise and report from closed session. RES. #A194 /07 - PORT UNION WATERFRONT IMPROVEMENT PROJECT (Executive Res. #B 104/07) Moved by: Seconded by: Ron Moeser Jack Heath CARRIED CARRIED THAT confidential item 9.14 - Port Union Waterfront Improvement Project, be approved; AND FURTHER THAT staff report back when the item is completed and can be made public. CARRIED 354 RES. #A195 /07 - Moved by: Seconded by: 2008 BUDGET PROCESS AND COST CONTAINMENT ISSUES Advises of the 2008 budget process and responds to the City of Toronto request for consideration of cost containment in 2007 and 2008 (Business Excellence Res. #C32/07) Jack Heath Paul Ainslie THAT the staff report on the 2008 Budget Process and Cost Containment Issues be received; AND FURTHER THAT the report be circulated to the City of Toronto City Manager. CARRIED RES. #A196 /07 - Moved by: Seconded by: PLANNING AND DEVELOPMENT PROCEDURAL MANUAL Endorsement of the Planning and Development Procedural Manual to further enhance Toronto and Region Conservation Authority's (TRCA's) working relationship with the development community and increase procedural transparency related to TRCA's development review and approval process. (Business Excellence Res. #C33/07) Bill Fisch David Barrow THAT WHEREAS Toronto and Region Conservation Authority (TRCA) staff is committed to working cooperatively with the development community and all municipal partners regarding the implementation of TRCA's planning and regulatory functions, including opportunities to increase procedural transparency and streamline the review and approval process where appropriate; WHEREAS TRCA, through its Business Excellence objective, is committed to improve the delivery of all programs, including TRCA's planning and regulatory functions; THEREFORE LET IT BE RESOLVED THAT the Planning and Development Procedural Manual be endorsed; THAT TRCA staff be given the authority to make any necessary updates to the manual to reflect any procedural issues related to legislative change or technical updates related to current practices; AND FURTHER THAT all member municipalities and the Building Industry and Land Development Association (BILD, formerly GTHBA -UDI) be advised and circulated a copy of the Planning and Development Procedural Manual. CARRIED 355 RES. #A197 /07 - Moved by: Seconded by: DIVERSITY STRATEGY - VISION AND VALUES Adopting the Diversity Strategy - Vision and Values. (Business Excellence Res. #C34/07) Bill Fisch David Barrow THAT the Diversity Strategy - Vision and Values for Toronto and Region Conservation Authority (TRCA), outlined in Attachment 1, be adopted; THAT the Employee Code of Conduct be amended to include the Diversity Strategy - Vision and Values as a Commitment to Diversity and Inclusiveness in Section 2.0; THAT the Random Acts of Recognition policy be amended to include the Diversity Champion Award, outlined in Attachment 2; AND FURTHER THAT the Diversity Strategy - Vision and Values be publicized to TRCA staff and to the general public via the TRCA website. RES. #A198 /07 - Moved by: Seconded by: CARRIED CLAIREVILLE CONSERVATION AREA Agricultural Research and Training Facility Proposal by FarmStart at the Claireville Conservation Area, City of Brampton. Approval to enter into lease negotiations with FarmStart for the purpose of establishing a research and training farm that will develop locally based, ecologically sustainable and economically viable agricultural enterprises on Toronto and Region Conservation Authority land in Claireville Conservation Area. (Business Excellence Res. #C35 /07) Bill Fisch David Barrow THAT Toronto and Region Conservation Authority (TRCA) enter into lease negotiations with FarmStart for approximately 10 hectares (25 acres) of land being Part of Lot 7, Concession 8, N.D., City of Brampton, Regional Municipality of Peel; THAT the term of the lease agreement be not more than five years with the option for renewal; THAT the lease payment be on fair market value terms, for the term of the agreement; THAT the agreement be on terms and conditions satisfactory to TRCA staff and solicitors; THAT the appropriate TRCA officials be authorized and directed to take whatever action may be required to give effect thereto, including the obtaining of necessary approvals and the execution of any documents; 356 AND FURTHER THAT the Humber Watershed Alliance and Friends of Claireville be advised of the TRCA intentions to lease the property to FarmStart. RES. #A199 /07 - Moved by: Seconded by: CARRIED WORLD GREEN BUILDING COUNCIL Memorandum of Understanding with Toronto and Region Conservation Authority. Approval to enter into an agreement between Toronto and Region Conservation Authority and World Green Building Council for the development of the World Green Building Council Secretariat and continued support of their programs. (Business Excellence Res. #C36 /07) Bill Fisch David Barrow THAT approval be granted for Toronto and Region Conservation Authority (TRCA) to enter into a Memorandum of Understanding (MoU) with World Green Building Council (WGBC) for the development and support of the World Green Building Council Secretariat, to be located at TRCA's The Living City Campus; THAT appropriate TRCA officials be authorized and directed to take whatever action may be required to give effect thereto including the signing of documents; AND FURTHER THAT staff be directed to report back to the Business Excellence Advisory Board on an annual basis with an update on the status of the business relationship. CARRIED RES. #A200 /07 - Moved by: Seconded by: GLOBE INC. BOARD OF DIRECTORS Approval for Brian Denney to join the Board of Directors of GLOBE Inc. (Green Light on a Better Environment). (Business Excellence Res. #C37/07) Colleen Jordan Jack Heath THAT Brian Denney, Chief Administrative Officer, be authorized to participate on the Board of Directors of GLOBE Inc., in support of the efforts of the Social Housing Services Council. CARRIED 357 RES. #A201 /07 - Moved by: Seconded by: COMPENSATION RATES FOR MEMBERS OF AGENCIES, BOARDS AND COMMISSIONS (Business Excellence Res. C38/07 & C39/07) Jack Heath Maria Augimeri THAT the report dated August 28, 2007, on compensation rates for agencies, boards and commissions, be received; THAT subject to Ontario Municipal Board (OMB) approval, per diem for elected officials appointed to Toronto and Region Conservation Authority (TRCA) be reduced to $70 effective January 1, 2008 with no change to the per diem for citizen members; AND FURTHER THAT TRCA officials be authorized and directed to make the necessary application to the OMB. AMENDMENT RES. #A202 /07 Moved by: Seconded by: Jack Heath Maria Augimeri THAT the last two paragraphs of the main motion be deleted. RECORDED VOTE Eve Adams Yea Paul Ainslie Yea Maria Augimeri Yea David Barrow Nay Bryan Bertie Yea Laurie Bruce Yea Rob Ford Nay Jack Heath Yea Colleen Jordan Yea Peter Milczyn Nay Ron Moeser Yea Gerri Lynn O'Connor Nay Linda Pabst Yea John Parker Nay Anthony Perruzza Nay Maja Prentice Yea John Sprovieri Yea Richard Whitehead Yea THE AMENDMENT WAS CARRIED THE MAIN MOTION, AS AMENDED, WAS CARRIED 358 THE RESULTANT MOTION READS AS FOLLOWS: THAT the report dated August 28, 2007, on compensation rates for agencies, boards and commissions, be received. RES. #A203 /07 - Moved by: Seconded by: PERMEABLE PAVEMENT AND BIORETENTION SWALE DEMONSTRATION PROJECT Preliminary results from the permeable pavement and bioretention swale demonstration project at Seneca College, King Campus. (Sustainable Communities Res. #E13 /07) Maja Prentice Richard Whitehead THAT the staff report on the Permeable Pavement and Bioretention Swale Demonstration Project be received; AND FURTHER THAT staff report back on study results after completion of the study. CARRIED RES. #A204 /07 - Moved by: Seconded by: THE LIVING CITY POLICIES FOR WATERSHEDS Comprehensive Policy Update to Valley and Stream Corridor Management Program (1994) - Planning and Development Policy Guidance Document. To undertake a comprehensive policy review and update the Valley and Stream Corridor Management Program (1994), Toronto and Region Conservation Authority's (TRCA) principal policy document, to be consistent with current legislation; to establish new policy directions supported by the technical information and science gained by the development of TRCA watershed plans; and to incorporate and advance the objectives of The Living City. (Sustainable Communities Res. #E14 /07) Maja Prentice Richard Whitehead THAT staff proceed with "The Living City Policies for Watersheds" as per the work plan, which includes a comprehensive review and update to the Toronto and Region Conservation Authority's (TRCA) Valley and Stream Corridor Management Program (1994), including emphasis on new program areas of natural systems and sustainable communities; 359 THAT staff be directed to report back to the Sustainable Communities Board in 2008 with the progress on the work detailed in the work plan and to bring forward a work plan for the public and municipal consultation process; AND FURTHER THAT TRCA's member municipalities be so advised of this initiative as it is complementary to, and supportive of, the municipal growth planning and Official Plan updating process. RES. #A205/07 - Moved by: Seconded by: CARRIED CLIMATE CHANGE, CLEAN AIR AND SUSTAINABLE ENERGY PLAN: MOVING FROM A FRAMEWORK TO ACTION To highlight Toronto and Region Conservation Authority's support of the City of Toronto's Climate Change and Clean Air Action Plan and Toronto' s Sustainable Energy Plan. (Sustainable Communities Res. #E15 /07) Maja Prentice Richard Whitehead THAT WHEREAS Toronto and Region Conservation Authority's (TRCA) strategic plan, Moving Toward The Living City, identifies the integration of climate change as a critical component in achieving the objectives and goals of a healthy, sustainable urban region extending into the 22nd century; WHEREAS TRCA is committed to taking immediate action and exemplifying leadership to support our communities and partners in dealing with the climate change issue; WHEREAS TRCA is currently working on a variety of climate mitigation and adaptation initiatives that complement the City of Toronto's Climate Change and Clean Air Action Plan and Toronto's Sustainable Energy Plan; THEREFORE LET IT BE RESOLVED THAT the City of Toronto be congratulated for their leadership and proactive approach to climate change, clean air and sustainable energy issues within the city; THAT staff be directed to assist the City of Toronto with the implementation of recommendations set out in the City of Toronto Report," Climate Change, Clean Air and Sustainable Energy Action Plan: Moving from Framework to Action" and to seek opportunities for partnerships with other municipalities, government agencies, community groups and corporate sector to accelerate the implementation of recommendations that have TRCA jurisdiction -wide implications; THAT the City of Toronto be requested to ensure that the city's Agencies, Boards and Commissions be eligible for special funding programs that support the implementation of said recommendations; 360 AND FURTHER THAT the recommendations for TRCA action outlined below be forwarded to the City of Toronto for their consideration. RES. #A206 /07 - Moved by: Seconded by: CARRIED HABITAT IMPLEMENTATION PLAN 2007 Summary Report. 2007 summary report of the Habitat Implementation Plans (HIP) for the individual watersheds within the Toronto and Region Conservation Authority (TRCA) jurisdiction. (Watershed Mgt. Res. #D28/07) Eve Adams Maja Prentice THAT staff continue to work with the City of Toronto, Region of Peel, York Region, Durham Region, municipal partners and community organizations to implement the Habitat Implementation Plans (HIP) for the individual watersheds within the Toronto and Region Conservation Authority (TRCA) jurisdiction; THAT staff be directed to use the individual watershed HIP's as the foundations for targeting habitat restoration opportunities, and the mechanism for achieving watershed targets in TRCA's jurisdiction; AND FURTHER THAT staff report annually to the Authority on the progress of the implementation of the HIP's. RES. #A207 /07 - Moved by: Seconded by: CARRIED HIGHLAND CREEK WET WEATHER FLOW MANAGEMENT MASTER PLAN IMPLEMENTATION City of Toronto. Progress update on the Highland Creek studies and design process to implement channel restoration works following the recommendations of the City of Toronto Wet Weather Flow Management Master Plan. (Watershed Mgt. Res. #D29/07) Jack Heath Richard Whitehead THAT the City of Toronto's commitment to implement long -term objectives for stream restoration in Highland Creek be acknowledged; THAT in consideration of the above commitment, the general direction of the Highland Creek Geomorphic Systems Master Plan and the Valley Segment 8 and 4A Environmental Assessments be supported; 361 THAT the City of Toronto be requested to explore opportunities to enhance the Highland Creek valley system by restoring natural habitat, reconnecting the channel to the floodplain and improving the trails and other recreational amenities through the development of a comprehensive Greening Strategy for the Highland Creek watershed; AND FURTHER THAT the City of Toronto invite a panel of academic experts to perform a formal review of the Highland Creek studies, including the Highland Creek Geomorphic Master Systems Plan and the Valley Segment 8 and 4A Environmental Assessments. AMENDMENT RES. #A208/07 Moved by: Seconded by: Bryan Bertie Jack Heath THAT the following be inserted before the last paragraph of the main motion: THAT TRCA review the provisions for servicing within The Living City Policies for Watersheds with special emphasis on encouraging municpalities and utility service providers to consider bundling of utilites and services in rights of way to avoid multiple and sequentional disruptions within valley /natural corrididors; that where possible the new servicing always consider existing servicing routes to avoid muliple rights of way and crossings; and that the municpalities be further encouraged in their long range planning for new and replacement servicing and utilities to consolidate routings to ensure long term ecological sustainability of the region's natural resources; THE AMENDMENT WAS THE MAIN MOTION, AS AMENDED, WAS THE RESULTANT MOTION READS AS FOLLOWS: THAT the City of Toronto's commitment to implement long -term objectives for stream restoration in Highland Creek be acknowledged; CARRIED CARRIED THAT in consideration of the above commitment, the general direction of the Highland Creek Geomorphic Systems Master Plan and the Valley Segment 8 and 4A Environmental Assessments be supported; THAT the City of Toronto be requested to explore opportunities to enhance the Highland Creek valley system by restoring natural habitat, reconnecting the channel to the floodplain and improving the trails and other recreational amenities through the development of a comprehensive Greening Strategy for the Highland Creek watershed; 362 THAT TRCA review the provisions for servicing within The Living City Policies for Watersheds with special emphasis on encouraging municpalities and utility service providers to consider bundling of utilites and services in rights of way to avoid multiple and sequentional disruptions within valley /natural corrididors; that where possible the new servicing always consider existing servicing routes to avoid muliple rights of way and crossings; and that the municpalities be further encouraged in their long range planning for new and replacement servicing and utilities to consolidate routings to ensure long term ecological sustainability of the region's natural resources; AND FURTHER THAT the City of Toronto invite a panel of academic experts to perform a formal review of the Highland Creek studies, including the Highland Creek Geomorphic Master Systems Plan and the Valley Segment 8 and 4A Environmental Assessments. RES. #A209/07 - Moved by: Seconded by: FULFILMENT OF OAK RIDGES MORAINE CONSERVATION PLAN WATERSHED PLANNING REQUIREMENTS - HUMBER RIVER WATERSHED Approval of the Oak Ridges Moraine Conservation Plan conformity assessment for the Humber River watershed and approval to use the draft watershed planning documents referenced in the conformity assessment in the review of major development proposals on the Oak Ridges Moraine. (Watershed Mgt. Res. #D30/07) Eve Adams Maja Prentice THAT the conformity assessment for the Humber River Watershed Plan and the watershed planning documents referenced in the conformity assessment be deemed to fulfil the watershed planning requirements of the Oak Ridges Moraine Conservation Plan (ORMCP; 2002); THAT the conformity assessment for the Humber River Watershed Plan and the watershed planning documents referenced in the conformity assessment be approved for use by the appropriate implementation authority on an interim basis in the review of major development proposals on the Oak Ridges Moraine until such time as municipal consultation is completed and a final watershed plan is brought back to the Authority for approval; AND FURTHER THAT the regional and local watershed municipalities and the Conservation Authorities Moraine Coalition be so advised. CARRIED 363 RES. #A210 /07 - Moved by: Seconded by: HEADWATER DRAINAGE FEATURES Approval of the Evaluation, Classification and Management of Headwater Drainage Features: Interim Guideline (March, 2007) prepared for Toronto and Region Conservation Authority (TRCA), Credit Valley Conservation (CVC) and other conservation authorities. (Watershed Mgt. Res. #D31 /07) Eve Adams Maja Prentice THAT Toronto and Region Conservation Authority (TRCA) staff commence implementation of the Evaluation, Classification and Management of Headwater Drainage Features: Interim Guideline (March, 2007); THAT staff continue to collaborate with project partners in conducting primary research examining the natural functions of small drainage features in order to facilitate refinements to the guideline; THAT direction be given to staff to engage municipalities and the development industry in policy development and research initiatives; AND FURTHER THAT the interim guideline be updated as necessary based on the results of the research and that the results be reported back to the Watershed Management Advisory Board. RES. #A211 /07 - Moved by: Seconded by: CARRIED MALTON ENVIRONMENTAL STEWARDSHIP PROJECT Year 3 Progress Report. Progress report on the accomplishments and next steps for the Malton Environmental Stewardship Project. (Watershed Mgt. Res. #D32/07) Eve Adams Maja Prentice THAT Toronto and Region Conservation Authority (TRCA) continue to work with the City of Mississauga, Malton residents, Mississauga- Airport Rotary Club, Ontario Trillium Foundation and the Regional Municipality of Peel to implement the Malton Environmental Stewardship Project (MESP) work plan deliverables; AND FURTHER THAT staff report back to the Watershed Management Advisory Board upon the completion of this project in the fall of 2008 to acknowledge the project's four year accomplishments, project partners and how to sustain the project into the future. CARRIED 364 SECTION II - ITEMS FOR AUTHORITY INFORMATION RES. #A212 /07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: David Barrow Grant Gibson THAT Ontario Regulation 166/06 items 8.1.1 - 8.1.113, inclusive, contained in Section II of Executive Committee Minutes #6/07, held on August 10, 2007, be received. RES. #A213 /07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: Laurie Bruce Grant Gibson CARRIED THAT Section II items 8.2 & 8.3, contained in Executive Committee Minutes #6/07, held on August 10, 2007, be received. Section II Items 8.2 & 8.3 THE REGIONAL MUNICIPALITY OF PEEL (Executive Res. #886/07) REQUEST FOR DISPOSAL OF TRCA -OWNED LAND (Executive Res. #887/07) RES. #A214 /07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: Eve Adams Richard Whitehead CARRIED THAT Section II items 8.4 & 8.5, contained in Executive Committee Minutes #6/07, held on August 10, 2007, be received. CARRIED Section II Items 8.4 & 8.5 AWARD OF CONTRACT - SUPPLY AND INSTALLATION OF A PVC MEMBRANE ROOF AND METAL FLASHING (Executive Res. #888/07) ASHBRIDGE'S BAY PARK, COATSWORTH CUT MAINTENANCE DREDGING, CITY OF TORONTO (Executive Res. #889/07) 365 RES. #A215 /07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: David Barrow Paul Ainslie THAT Ontario Regulation 166/06 items 9.15.1 - 9.15.69, inclusive, contained in Section II of Executive Committee Minutes #7/07, held on September 7, 2007, be received. CARRIED RES. #A216 /07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: Linda Pabst Laurie Bruce THAT Section II items 9.16 - 9.19, inclusive, contained in Executive Committee Minutes #7/07, held on September 7, 2007, be received. CARRIED Section II Items 9.16 - 9.19, Inclusive GUILDWOOD PARKWAY SHORELINE REGENERATION PROJECT - PHASE 2, CITY OF TORONTO (Executive Res. #B 108/07) SUSTAINABLE STORMWATER MANAGEMENT FOR THE DON RIVER WATERSHED (Executive Res. #B 109/07) OUT OF COUNTRY TRAVEL (Executive Res. #B 110/07) OUT OF COUNTRY TRAVEL (Executive Res. #B 111 /07) SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD RES. #A217 /07 - Moved by: Seconded by: TORONTO URBAN FARM AT BLACK CREEK PIONEER VILLAGE Staff report accompanying the presentation by Kevin Bowser, Manager, Parks, Etobicoke York District, Parks, Forestry & Recreation, City of Toronto, in regard to the Toronto Urban Farm at Black Creek Pioneer Village. Maja Prentice Colleen Jordan THAT the staff report on the Toronto Urban Farm at Black Creek Pioneer Village be received. CARRIED 366 BACKGROUND At Authority Meeting #1/03, held on February 21, 2003, Resolution #A18/03 was approved, in part, as follows: THAT the concept of developing an Urban Agriculture Project at Black Creek Pioneer Village be endorsed... The concept of an urban farm was developed in 2002. Shortly thereafter, Toronto and Region Conservation Authority (TRCA) requested support from the City of Toronto to realize the concept. In 2003, an advisory committee was established to support project implementation. In 2004, TRCA and the City of Toronto formed a memorandum of management for eight acres of land located at the Southeast corner of Jane Street and Steeles Avenue East. The city was given management over this parcel of TRCA -owned land for the establishment of an organic urban farm. Prior to this, the city demonstrated expertise in managing a successful Community Gardens Program (CGP). The Toronto Urban Farm at Black Creek Pioneer Village will play a role in revitalizing the local food system in the Greater Toronto Area (GTA). Growing local food is necessary to help reduce the Toronto region's ecological footprint. Local food can reduce ecological footprints by reducing greenhouse gas emissions related to food transportation, which helps reduce the impacts of climate change. The Toronto Urban Farm will also promote greater social equity and food security in the community through several means: the food harvested from the farm will provide increased opportunities for access to fresh and healthy foods. Furthermore, the farm will provide skills development opportunities and greater interaction between community members. Economically, the Toronto Urban Farm will provide jobs and meaningful work for local people. Located in one of Toronto's most vulnerable communities, this innovative community development initiative engages youth and the community in urban organic farming, leadership development, employment skills, environmental stewardship and health promotion. The project will also involve social entrepreneurship through the production of heirloom and ethnocultural vegetables for niche markets such as specialized caterers, restaurants and ethnocultural communities. Revenue generated through food sales and other activities will be re- invested in the project to enhance long term sustainability. In the longer term, some produce may be donated to food relief programs. The Toronto Urban Farm project is complementary to TRCA's Sustainable Communities objective of The Living City vision. As growing local food has a connection with conservation, this project provides TRCA with the opportunity to become a bigger partner in the community by offering land and in -kind services. The Toronto Urban Farm project also fulfils Toronto City Council's mandate to promote green economic development through local food production pilot projects. 367 In 2007, the local community agency Afri -Can Food Basket, in partnership with the City of Toronto's CGP, secured funding for three years from the provincially sponsored Youth Action Challenge Fund to engage youth in the Jane Finch, Jamestown and Lawrence Heights communities in community food security programs. This project provides youth with the opportunity to learn about community food security, local food production systems, the natural environment and community development through hands on practical agricultural work and civic engagement. PROJECT GOALS AND OBJECTIVES • to create meaningful employment opportunities for local youth; • to increase youth employment, leadership and entrepreneurial skills; • to increase participants' knowledge and skills in organic farming, environmental stewardship and local food systems; • to build community capacity to address local food security and environmental issues; • to promote healthy nutrition and active lifestyles; • to increase the availability of rare and nearly extinct vegetable and other plant species; and • to generate and disseminate knowledge in sustainable agriculture and community development. PARTNER ROLES AND RESPONSIBILITIES The role of the advisory committee is to guide management decisions of the farm and support project implementation. The committee is comprised of representatives from: • TRCA; • City of Toronto; • Afri -Can Foodbasket; • African - Canadian Cultural Collective; • Seeds of Diversity Canada; • Umoja Learning Centre; • Jane Finch Community Citizens Council; • Lawrence Heights Community Centre; • University of Guelph; • York University; • FarmStart. The following is a description of some of the prominent partner roles and responsibilities: City of Toronto • farm management; • staff support; • funding proposals; • community mobilization; • strategic planning; • infrastructure: financing, installation and vegetation management. 368 TRCA and Black Creek Pioneer Village • access to land; • staff support; • training workshops; • administrative and technical expertise; • meeting space; • management of advisory committee. Afri -Can Food Basket • farm youth coordination; • community mobilization. Food Share: • trustee for funds; • urban agriculture expertise and networks. CURRENT PROJECT ACCOMPLISHMENTS • trained 25 youth and 40 adults in an urban agriculture course at Rockcliffe Teaching Garden and Greenhouses; • provided summer employment and training to 33 youth; • conducted leadership and employability skills training on various topics; • initiated farm installation (i.e. vegetation removal, fence installation, water installation, tilling and soil amendment); • held several community events (e.g., composting week kick -off, faith group work camps) • held open house in 2007; • engaged children from XCEL Care Outreach Inc., local community agency, in gardening; • engaged 15 youth from Afri -Can Food Basket in site preparation. SITE WORK DONE TO DATE • vegetation removal; • tilling; • soil amendment; • fence installation; • water line installation from Jane Street; • installation of storage facilities; • construction of access gates via Jane Street; • transformation of Braeburn House, a former TRCA rental property, into a training facility, washrooms and offices for the site. PROJECT UPDATE The project is currently in the site preparation process. Farming practices favour organic methodologies, which often take longer to reach a state of full production. There is no use of pesticides or fertilizers and a limited amount of machinery is employed. As a result, it will take approximately five years to bring the farm into full organic production. When considering these timelines, it is important to recognize that the project is about community enhancement as much as it is about local food production. Plans are also underway to create a website to promote the project and other TRCA urban agriculture related initiatives. 369 FINANCIAL DETAILS • In 2003, the Community Gardens Program applied for funding from the Ontario Works Incentive Fund and received $178,000 to establish the farm over a two -year pilot period. Although the grant was less than half of the amount requested, it enabled the CGP to initiate farm installation and provide youth with employment and training in urban agriculture and life skills. • In 2007, the CGP secured $184,000 from the City of Toronto base operating budget for youth employment and training in urban agriculture and life skills. • In 2007, the Afri -Can Food Basket secured three year funding at $149,000 per year through the Youth Action Challenge Fund to provide youth with employment and training in urban agriculture and life skills. Report prepared by: Sonia Dhir, extension 5291 Email: sdhir @trca.on.ca For Information contact: Gary Wilkins, extension 5211 Email: gwilkins @trca.on.ca Date: August 16, 2007 RES. #A218 /07 - SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD Moved by: Seconded by: Linda Pabst Laurie Bruce THAT Section IV items 9.20 - 9.23, inclusive, contained in Section IV of Executive Committee Minutes #7/07, held on September 7, 2007, be received. CARRIED Section IV Items 9.20 - 9.23, Inclusive GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 (Executive Res. #B 112/07) AQUATIC MONITORING VESSEL (Executive Res. #B 113/07) LOWEST BID NOT ACCEPTED (Executive Res. #B 114/07) LOWEST BID NOT ACCEPTED (Executive Res. #B 115/07) RES. #A219 /07 - SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD Moved by: Seconded by: David Barrow Laurie Bruce 370 THAT Section IV items 10.8 - 10.10, inclusive, contained in Section IV of Business Excellence Advisory Board Minutes #5/07, held on September 7, 2007, be received. CARRIED Section IV Items 10.8 - 10.10, Inclusive GOOD NEWS STORIES (Business Excellence Res. #C40 /07) 2007 MEDIA SUMMARY (Business Excellence Res. #C41 /07) SUMMARY OF REQUESTS FOR QUOTATIONS AND REQUESTS FOR PROPOSALS (Business Excellence Res. #C42 /07) RES. #A220 /07 - SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD Moved by: Seconded by: Paul Ainslie Maja Prentice THAT Section IV items 12.6 - 12.8.2, inclusive, contained in Section IV of Watershed Management Advisory Board Minutes #3/07, held on September 14, 2007, be received. CARRIED Section IV Items 12.6 - 12.8.2, Inclusive UPPER MIMICO CREEK AQUATIC HABITAT RESTORATION PROJECT (Watershed Mgt. Res. #D33/07) CLAIREVILLE COMMUNITY STEWARDSHIP PROJECT (Watershed Mgt. Res. #D34/07) WATERSHED COMMITTEE MINUTES 12.8.1 - DUFFINS CARRUTHERS WATERSHED RESOURCE GROUP 12.8.2 - ROUGE PARK ALLIANCE (Watershed Mgt. Res. #D35/07) NEW BUSINESS RES. #A221 /07 - Moved by: Seconded by: APPOINTMENTS TO THE TORONTO AND REGION CONSERVATION AUTHORITY FOR 2007 -2008 City of Toronto. The Secretary- Treasurer advises that Reenga Mathivanan has been duly appointed and is entitled to sit as a Member of this Authority for the 2007 -2008 year. David Barrow Maria Augimeri THAT Reenga Mathivanan be recognized as City of Toronto member of the Toronto and Region Conservation Authority (TRCA) until the 2007 Annual Meeting, and /or until her successor is appointed. 371 AND FURTHER THAT Alissa Sugar be thanked for her service to TRCA. TERMINATION ON MOTION, the meeting terminated at 12:17 a.m., on Friday, September 28, 2007. CARRIED Gerri Lynn O'Connor Brian Denney Chair Secretary - Treasurer /ks 372 THE TORONTO AND REGION CONSERVATION AUTHORITY MEETING OF THE AUTHORITY #8/07 October 26, 2007 The Authority Meeting #8/07, was held in the South Theatre, Black Creek Pioneer Village , on Friday, October 26, 2007. The Chair Gerri Lynn O'Connor, called the meeting to order at 10:15 a.m.. PRESENT Eve Adams Member Paul Ainslie Member David Barrow Member Bryan Bertie Member Laurie Bruce Member Gay Cowbourne Member Glenn De Baeremaeker Member Rob Ford Member Grant Gibson Member Lois Griffin Member Suzan Hall Member Jack Heath Member Colleen Jordan Member Bonnie Littley Member Glenn Mason Member Reenga Mathivanan Member Peter Milczyn Member Ron Moeser Member Gerri Lynn O'Connor Chair Linda Pabst Member John Parker Member Anthony Perruzza Member Gino Rosati Member John Sprovieri Member Richard Whitehead Member ABSENT Maria Augimeri Vice Chair Bill Fisch Member Maja Prentice Member 373 RES. #A222 /07 - MINUTES Moved by: Grant Gibson Seconded by: Rob Ford THAT the Minutes of Meeting #7/07, held on September 28, 2007, be approved. CARRIED DELEGATIONS (a) A delegation by Madeleine McDowell, Chair, Humber Heritage Committee, in regard to item 9.1 - York University (Keele Campus) Stormwater Management, Secondary Plan and Environmental Sustainability. RES. #A223 /07 - DELEGATIONS Moved by: Seconded by: Suzan Hall Gay Cowbourne THAT above -noted delegation (a) be added to the agenda. RES. #A224 /07 - DELEGATIONS Moved by: Seconded by: Anthony Perruzza Ron Moeser THAT above -noted delegation (a) be heard and received. PRESENTATIONS (a) CARRIED CARRIED A presentation by Brenda Librecz, General Manager, Parks, Forestry and Recreation, and Alex Shevchuk, Supervisor, Community Design and Planning, City of Toronto, speaking in regard to City of Toronto's Parks Renaissance Strategy. (b) A presentation by Brian Buckles and Michael Tucker of Durham Conservation Association and Uxbridge Naturally, in regard to Uxbridge Conservation Lands Activities. RES. #A225 /07 - PRESENTATIONS Moved by: Richard Whitehead Seconded by: Jack Heath 374 THAT above -noted presentations (a) and (b) be heard and received. SECTION I - ITEMS FOR AUTHORITY ACTION RES. #A226/07 - Moved by: Seconded by: CARRIED ADVISORY BOARD APPOINTMENT Appointment of Reenga Mathivanan to the Sustainable Communities Board. Paul Ainslie Suzan Hall THAT Reenga Mathivanan be approved as a member of the Sustainable Communities Board. CARRIED RATIONALE Ms. Mathivanan was appointed by the City of Toronto at City Council meeting held on September 26 and 27, 2007, for a term ending on December 31, 2008, renewable without further competition for a term ending on November 30, 2010, and until a successor is appointed. At Authority Meeting #7/08, held on September 28, 2007, the Authority recognized the appointment of Reenga Mathivanan to the Authority for the 2007 -2008 year. As per Section 17 of the Rules of Conduct of the Authority, each member of the Authority shall serve on one of the advisory boards, except the Chair of the Authority shall be a member, ex officio, of each advisory board. Ms. Mathivanan has advised TRCA staff that her preference for appointment is to be on the Sustainable Communities Board, as reflected in the recommendation. Report prepared by: Kathy Stranks, extension 5264 Emails: kstranks @trca.on.ca For Information contact: Kathy Stranks, extension 5264 Emails: kstranks @trca.on.ca Date: October 15, 2007 375 RES. #A227 /07 - Moved by: Seconded by: GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Humber River Watershed City of Vaughan, CFN 34412. Purchase of the unopened Pine Valley Road allowance between Rutherford Road and Club House Road, City of Vaughan, Regional Municipality of York, under the Greenlands Acquisition Project for 2006 -2010, Flood Plain and Conservation Component, Humber River watershed. (Executive Res. #B 117/07) David Barrow Linda Pabst THAT 1.69 hectares (4.2 acres), more or less, of vacant land being part of the unopened Pine Valley road allowance between Concessions 6 & 7, City of Vaughan, Regional Municipality of York, between Rutherford Road and Club House Road be purchased from the City of Vaughan; THAT the purchase price be $2.00 and Toronto and Region Conservation Authority (TRCA) be responsible for legal and survey costs and an administration fee of $1,000; THAT the City of Vaughan be advised that TRCA does not have any surplus lands of equivalent extent and value; 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 the appropriate TRCA officials be authorized and directed to execute all necessary documentation required. RES. #A228 /07 - Moved by: Seconded by: CARRIED GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Duffins Creek Watershed William Michael and Patricia Maria Thomas, CFN 39278. Donation of a conservation easement, located on the south side of Albright Road, east of Brock Road, Township of Uxbridge, Regional Municipality of Durham, under the Greenlands Acquisition Project for 2006 -2010, Flood Plain and Conservation Component, Duffins Creek watershed. (Executive Res. #B 118/07) David Barrow Linda Pabst 376 THAT Toronto and Region Conservation Authority (TRCA) accept the donation of a conservation easement for the protection of the environmental features and functions containing approximately 4.047 hectares (10.00 acres) of vacant land, said lands being Part of Lot 10, Concession 5, Township of Uxbridge, in the Regional Municipality of Durham, situated on the south side of Albright Road, east of Brock Road from William Michael Thomas and Patricia Maria Thomas; THAT the donation of the conservation easement is to be on the following basis; (a) the purchase price be $2.00; (b) an income tax receipt is to be made available to William Michael Thomas and Patricia Maria Thomas for the appraised value of the easement in accordance with the guidelines set out by Canada Customs and Revenue Agency; (c) TRCA is responsible for appraisal and reasonable legal fees; THAT Gardiner, Roberts, Barristers and 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 appropriate TRCA officials be authorized and directed to execute all necessary documentation required. RES. #A229/07 - Moved by: Seconded by: CARRIED GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Humber River Watershed Sobeys Capital Incorporated, CFN 39797. Purchase of property located east of Huntington Road and south of Langstaff Road, City of Vaughan, Regional Municipality of York, under the Greenlands Acquisition Project for 2006 -2010, Flood Plain and Conservation Component, Humber River watershed. (Executive Res. #B 119/07) David Barrow Linda Pabst THAT 2.95 hectares (7.30 acres), more or less, of vacant land being Part of Lot 9 Concession 9 and designated as Parts 12 and 13 on Plan 65R -29226 and Part 12 on Plan 65R- 30262, City of Vaughan, Regional Municipality of York, located east of Huntington Road and south of Langstaff Road be purchased from Sobeys Capital Incorporated; 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; 377 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 appropriate TRCA officials be authorized and directed to execute all necessary documentation required. RES. #A230/07 - Moved by: Seconded by: CARRIED REQUEST TO LEASE TRCA -OWNED LAND Kingcal Properties & Maintenance Inc., CFN 39525. Proposal to lease approximately 0.60 hectares (1.5 acres) of Toronto and Region Conservation Authority -owned land being the former Nursery Workshop site located at 4948 Rutherford Road, Vaughan, for a 3 year period, with an option for 2 one year renewals for a wholesale nursery and property management business. (Executive Res. #B 120/07) Lois Griffin Reenga Mathivanan THAT WHEREAS Toronto and Region Conservation Authority (TRCA) has been requested by Kingcal Properties & Maintenance Inc. to enter into a lease arrangement for lands situated at 4948 Rutherford Road, Vaughan, known as the Former Nursery Workshop site; AND WHEREAS it is in the opinion of TRCA that it is in the best interests of TRCA in furthering its objectives, as set out in Section 20 of the Conservation Authorities Act, to cooperate with Kingcal Properties & Maintenance Inc.; THEREFORE LET IT BE RESOLVED THAT TRCA enter into a lease of approximately 0.60 hectares, more or less, (1.5 acres) of land with Kingcal Properties & Maintenance Inc., for the operation of a property maintenance and management business and wholesale nursery business said land being Part of Lot 6, Concession VII, City of Vaughan, Regional Municipality of York; THAT the lease with Kingcal Properties & Maintenance Inc. be premised on the following: (i) the initial term of the lease will be for three years, with two renewal options for successive one year periods, subject to the concurrence of TRCA to the renewals; (ii) the lease rate is to be $1,271.67 per month; (iii) Kingcal Properties & Maintenance Inc., has agreed to lease the lands in 'as is' condition; (iv) TRCA shall continue to have exclusive use of 760 square feet at no cost; 378 (v) any other terms and conditions deemed appropriate by TRCA's solicitor; AND FURTHER THAT the appropriate TRCA officials be authorized and directed to take whatever action may be required to give effect thereto, including the obtaining of necessary approvals and the execution of any documents. RES. #A231/07 - Moved by: Seconded by: CARRIED HEART LAKE CONSERVATION AREA Lease of Lands for Tree Top Adventure Course and Zip Line. Request for proposal for lease and development of the Heart Lake Conservation Area Tree Top Adventure Course and Zip Line. (Executive Res. #B 121 /07) Gay Cowbourne Laurie Bruce THAT WHEREAS Toronto and Region Conservation Authority (TRCA) is in receipt of a request from Arbraska Tree Top Trekking to enter into a long -term lease arrangement for lands at the Heart Lake Conservation Area, City of Brampton, Regional Municipality of Peel; AND WHEREAS it is in the opinion of TRCA that it is in the best interests of TRCA in furthering its objectives, as set out in Section 20 of the Conservation Authorities Act, to cooperate with Arbraska Tree Top Trekking in this instance; THEREFORE LET IT BE RESOLVED THAT TRCA enter into a long -term lease of lands with Arbraska Tree Top Trekking for purposes of a Tree Top Adventure Course and Zip Line at Heart Lake Conservation Area; THAT the lease arrangement with Arbraska Tree Top Trekking be premised on the following: (i) the term of the lease will be 10 years with option for a 10 year renewal; (ii) the rental rate is to be $24,000 annually, plus 3% of gross revenue and an additional 1% of gross revenue to be paid to a recognized environmental organization; (iii) Arbraska Tree Top Trekking shall be solely responsible for all costs associated with the installation, maintenance and repair of the facility; (iv) Arbraska Tree Top Trekking shall be solely responsible for payment of any realty or business taxes levied against the property as a result of this use; (v) any other terms and conditions deemed appropriate by TRCA's solicitor; 379 THAT an archaeological review is to be completed, if necessary, at the expense of Arbraska Tree Top Trekking with any mitigative measures being carried out to the satisfaction of TRCA; THAT the lease be subject to the 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, if required; AND FURTHER THAT the appropriate TRCA officials be authorized and directed to take whatever action may be required to give effect thereto, including the obtaining of necessary approvals and the execution of any documents. RES. #A232/07 - Moved by: Seconded by: CARRIED DANLAUTON HOLDINGS LTD. Ontario Municipal Board Hearing. Authorization for party status before the Ontario Municipal Board on referrals related to an Official Plan Amendment application and a Zoning By -law Amendment application to permit the development of an automobile gas bar /service station, an automobile repair shop, an eating establishment and recycling operation on Part of Lot 23, Concession 10 (east side of Highway 50, north of Major Mackenzie Drive), in the City of Vaughan. (Executive Res. #B 122/07) David Barrow Linda Pabst THAT authorization be given to Toronto and Region Conservation Authority (TRCA) staff to obtain party status before the Ontario Municipal Board (OMB) regarding a proposed Official Plan Amendment application and a proposed Zoning By -law Amendment application to permit the development of an automobile gas bar /service station, an automobile repair shop, an eating establishment and recycling operation on Part of Lot 23, Concession 10 (east side of Highway 50, north of Major Mackenzie Drive), in the City of Vaughan; THAT staff advise the OMB that there is an outstanding violation on the subject property pursuant to the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (Ontario Regulation 166/06) and its predecessor; THAT staff advise the OMB that the limits of development need to be determined pursuant to TRCA's Valley and Stream Corridor Management Program policies; THAT staff continue to work cooperatively with our municipal partner and the appellant to ensure that the requirements of the Valley and Stream Corridor Management Program and Provincial Policy Statement are met; 380 THAT staff be authorized to retain legal counsel to pursue this appeal before the OMB, if required; AND FURTHER THAT the OMB and all parties and participants to the hearing be so advised. RES. #A233 /07 - Moved by: Seconded by: THAT item 8.7 - deferred. RES. #A234 /07 - Moved by: Seconded by: CARRIED NAMING OF TORONTO AND REGION CONSERVATION AUTHORITY PROPERTIES Renaming of Toronto and Region Conservation Authority -owned lands along the Humber River in the City of Vaughan, Regional Municipality of York, from Stegman's Mill Road in the north, to Langstaff Road in the south, Pine Valley Drive in the east and Islington Avenue in the west, currently referred to as The Boyd Track, as well as renaming of Toronto and Region Conservation Authority -owned facilities currently referred to as the Restoration Services Centre, Kortright Centre for Conservation and Boyd Conservation Area. (Executive Res. #B 123/07) Lois Griffin Gay Cowbourne Naming of Toronto and Region Conservation Authority Properties, be CARRIED YORK UNIVERSITY (KEELE CAMPUS) STORMWATER MANAGEMENT, SECONDARY PLAN AND ENVIRONMENTAL SUSTAINABILITY Overview of York University's campus planning initiatives highlighting the current stormwater management plans, City of Toronto Secondary Plan update and environmental sustainability at the Keele Campus. This report accompanies a presentation that will be made by Bud Purves, President, York University Development Corporation, at the October 19, 2007 Watershed Management Advisory Board meeting. (Watershed Mgt. Res. #D41 /07 & Res. #D42/07) Suzan Hall Colleen Jordan THAT Toronto and Region Conservation Authority (TRCA) commend York University for its contribution to healthy rivers and shorelines, regional biodiversity and sustainable communities through past planning and development initiatives; 381 THAT York University be encouraged to continue to apply principles of environmental sustainability in all facets of its activities and to collaborate when appropriate with TRCA to obtain advice and technical support in pursuit of such goals; THAT York University be encouraged to adopt the City of Toronto's Green Development Standards, LEED criteria, or similar, for all new development undertaken by the University or resulting from sale of University lands for development purposes; THAT York University be requested to provide a timetable for their sustainability and stormwater initiatives and a report be brought back to the Authority; AND FURTHER THAT staff be authorized and directed to continue its liaison with York University to ensure appropriate assistance and information is available to the university as it pursues its sustainability initiatives. RES. #A235 /07 - Moved by: Seconded by: CARRIED ONTARIO MINISTRY OF NATURAL RESOURCES STEWARDSHIP RANGER PROGRAM 2006 - 2007. Staff report on Toronto and Region Conservation Authority involvement with the Ontario Ministry of Natural Resources 2006 - 2007 Stewardship Ranger youth employment program. (Watershed Mgt. Res. #D43/07 & Res. #D44/07) Richard Whitehead Paul Ainslie THAT the Toronto and Region Conservation Authority (TRCA) continue to work with the Ministry of Natural Resources' Ontario Stewardship Ranger Program; THAT the Chair of the Authority send a letter to the Ministry of Natural Resources expressing TRCA's support for the program and encourage the Ministry to expand their financial commitment to, and promotion of, the program; AND FURTHER THAT TRCA recommend to Conservation Ontario that they schedule a presentation by Brian Peterkin on the program at a Conservation Ontario Council meeting prior to next season. RES. #A236 /07 - CARRIED BARTLEY SMITH GREENWAY BUSINESS AND COMMUNITY OUTREACH INITIATIVE Partner recognition. Completion of the Bartley Smith Greenway Business and Community Outreach Initiative. (Watershed Mgt. Res. #D45/07) 382 Moved by: Seconded by: Richard Whitehead Paul Ainslie THAT members and partners both past and present be recognized and thanked for their contributions and efforts towards the success of the Bartley Smith Greenway Business and Community Outreach Initiative. RES. #A237 /07 - Moved by: Seconded by: CARRIED CENTREVILLE CREEK COMMUNITY OUTREACH AND ENVIRONMENTAL STEWARDSHIP PROGRAM Final Report. The accomplishments of the Centreville Creek Community Outreach and Environmental Stewardship Program. (Watershed Mgt. Res. #D46/07) Richard Whitehead Paul Ainslie THAT the Toronto and Region Conservation Authority (TRCA) thank and acknowledge the project partners who contributed to the success of the Centreville Creek Environmental Stewardship Program. RES. #A238 /07 - Moved by: Seconded by: CARRIED ALTONA FOREST WETLAND CREATION PROJECT Construction of a wetland in Altona Forest as a joint project of Toronto and Region Conservation Authority, the Altona Forest Stewardship Committee and the Toronto Zoo. (Watershed Mgt. Res. #D47/07) Richard Whitehead Paul Ainslie THAT the Altona Forest Stewardship Committee, the Toronto Zoo, the City of Pickering and the Regional Municipality of Durham be advised of the implementation of the project to construct a wetland in Altona Forest. RES. #A239 /07 - PETTICOAT CREEK WATERSHED (Watershed Mgt. Res. #D48/07) Moved by: Seconded by: Bonnie Littley Jack Heath 383 CARRIED THAT WHEREAS the Petticoat Creek watershed located in the City of Pickering, Region of Durham, is experiencing a number of pressures resulting from urban and near urban pressures; WHEREAS interest has been expressed in developing a plan for the protection of the resources of the watershed; WHEREAS the undeveloped portions of the Petticoat Creek watershed are protected by the provincial Greenbelt designation, Rouge Park and previously by agricultural easements; WHEREAS there are a number of planning requirements to bring official plans into conformity with the Greenbelt designations; WHEREAS Petticoat Creek is geographically situated between the Duffins and Rouge watersheds and whereas these adjacent watersheds have undergone extensive review in recent years and that it is reasonable to assume that many of the "lessons learned" in those processes may apply to this smaller watershed; THEREFORE LET IT BE RESOLVED THAT TRCA staff be directed to meet with interested councillors and the appropriate senior staff of the Region of Durham, City of Pickering to consider the opportunity of holding a one day forum /meeting to discuss the needs and opportunities and to develop an action plan to protect and enhance the watershed resources of Petticoat Creek within the context of the current planning opportunities and initiatives at the provincial, regional and local level; THAT TRCA staff discuss with these persons a cost sharing arrangement to support this effort including, but not limited to, a one day forum /meeting, including development of any background reports, meeting facilitation and preparation of a strategic action plan /report with recommendations based on the forum outcomes; THAT staff report back within the first quarter of 2008 on these discussions including potential funding arrangements and timelines; AND FURTHER THAT staff provide the Altona Forest Stewardship Committee with an overview of the South East Collector and subdivision development projects in the vicinity of Altona Forest. AMENDMENT RES. #A240/07 Moved by: Seconded by: Bonnie Littley Jack Heath THAT the sixth paragraph of the main motion be amended to read: 384 THEREFORE LET IT BE RESOLVED THAT TRCA staff be directed to meet with interested councillors and the appropriate senior staff of the Region of Durham, City of Pickering, Region of York and Town of Markham to consider the opportunity of holding a one day forum /meeting to discuss the needs and opportunities and to develop an action plan to protect and enhance the watershed resources of Petticoat Creek within the context of the current planning opportunities and initiatives at the provincial, regional and local level; THE AMENDMENT WAS THE MAIN MOTION, AS AMENDED, WAS The resultant motion reads as follows: CARRIED CARRIED THAT WHEREAS the Petticoat Creek watershed located in the City of Pickering, Region of Durham, is experiencing a number of pressures resulting from urban and near urban pressures; WHEREAS interest has been expressed in developing a plan for the protection of the resources of the watershed; WHEREAS the undeveloped portions of the Petticoat Creek watershed are protected by the provincial Greenbelt designation, Rouge Park and previously by agricultural easements; WHEREAS there are a number of planning requirements to bring official plans into conformity with the Greenbelt designations; WHEREAS Petticoat Creek is geographically situated between the Duffins and Rouge watersheds and whereas these adjacent watersheds have undergone extensive review in recent years and that it is reasonable to assume that many of the "lessons learned" in those processes may apply to this smaller watershed; THEREFORE LET IT BE RESOLVED THAT TRCA staff be directed to meet with interested councillors and the appropriate senior staff of the Region of Durham, City of Pickering, Region of York and Town of Markham to consider the opportunity of holding a one day forum /meeting to discuss the needs and opportunities and to develop an action plan to protect and enhance the watershed resources of Petticoat Creek within the context of the current planning opportunities and initiatives at the provincial, regional and local level; THAT TRCA staff discuss with these persons a cost sharing arrangement to support this effort including, but not limited to, a one day forum /meeting, including development of any background reports, meeting facilitation and preparation of a strategic action plan /report with recommendations based on the forum outcomes; THAT staff report back within the first quarter of 2008 on these discussions including potential funding arrangements and timelines; 385 AND FURTHER THAT staff provide the Altona Forest Stewardship Committee with an overview of the South East Collector and subdivision development projects in the vicinity of Altona Forest. SECTION II - ITEMS FOR AUTHORITY INFORMATION RES. #A241 /07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: David Barrow Colleen Jordan THAT Ontario Regulation 166/06 items 8.8.1 - 8.8.101, inclusive, contained in Section II of Executive Committee Minutes #8/07, held on October 12, 2007, be received. CARRIED RES. #A242 /07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: David Barrow Colleen Jordan THAT Section II item 8.9 - Indian Line Campground, contained in Executive Committee Minutes #8/07, held on October 12, 2007, be received. CARRIED SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD RES. #A243 /07 - SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD Moved by: Seconded by: Bonnie Littley Glenn De Baeremaeker THAT Section IV items 8.10 & 8.11, contained in Executive Committee Minutes #8/07, held on October 12, 2007, be received. Section IV Items 8.10 & 8.11 EXCHANGE OF LANDS (Executive Res. #B 128/07) LOWEST BID NOT ACCEPTED (Executive Res. #B 129/07) CARRIED 386 TERMINATION ON MOTION, the meeting terminated at 11:25 a.m., on Friday, October 26, 2007. Gerri Lynn O'Connor Brian Denney Chair Secretary- Treasurer /ks 387 THE TORONTO AND REGION CONSERVATION AUTHORITY MEETING OF THE AUTHORITY #9/07 November 30, 2007 The Authority Meeting #9/07, was held in the South Theatre, Black Creek Pioneer Village , on Friday, November 30, 2007. The Chair Gerri Lynn O'Connor, called the meeting to order at 10:10 a.m.. PRESENT Maria Augimeri Vice Chair David Barrow Member Bryan Bertie Member Laurie Bruce Member Gay Cowbourne Member Grant Gibson Member Lois Griffin Member Suzan Hall Member Jack Heath Member Colleen Jordan Member Reenga Mathivanan Member Peter Milczyn Member Ron Moeser Member Gerri Lynn O'Connor Chair Linda Pabst Member John Parker Member John Sprovieri Member Richard Whitehead Member ABSENT Eve Adams Member Paul Ainslie Member Glenn De Baeremaeker Member Bill Fisch Member Rob Ford Member Bonnie Littley Member Glenn Mason Member Anthony Perruzza Member Maja Prentice Member Gino Rosati Member 388 RES. #A244 /07 - MINUTES Moved by: Seconded by: Suzan Hall Colleen Jordan THAT the Minutes of Meeting #8/07, held on October 26, 2007, be approved. CARRIED PRESENTATIONS (a) A presentation by Andrew McAlpine, Principal, Arup, in regard to Sustainable Futures: Eco- Cities and Eco - Blocks. (b) A presentation by Santiago Kunzle, Principal, Montgomery Sisam Architects Inc., in regard to item 7.1 - Restoration Services Centre. RES. #A245 /07 - PRESENTATIONS Moved by: Seconded by: John Parker Maria Augimeri THAT above -noted presentation (a) be heard and received. CARRIED RES. #A246 /07 - PRESENTATIONS Moved by: Seconded by: Suzan Hall Colleen Jordan THAT above -noted presentation (b) be heard and received. CARRIED SECTION I - ITEMS FOR AUTHORITY ACTION RES. #A247 /07 - RESTORATION SERVICES CENTRE To report on the status of the newly constructed Restoration Services Centre, a LEED Canada -NC 1.0 Platinum Certified facility. Moved by: Seconded by: Suzan Hall Colleen Jordan 389 THAT the Authority officially recognize the significant contributions of the project consultants, contractor and staff team in the successful completion of Toronto and 0 Region Conservation Authority's (TRCA) first award winning LEED Canada -NC 1.0 Platinum certified facility. CARRIED BACKGROUND In 1995, TRCA Conservation Services Nursery's 10 -year operating plan identified inadequacies in the current workshop facility and ancillary buildings related to servicing Restoration Services Division /Resource Management Services program needs and growth projections for project implementation. In early 2002, the need and rationale for relocation were presented to and supported by TRCA management staff. The proposed workshop relocation site was located northeast of the intersection of Islington Avenue and Rutherford Road in the City of Vaughan, in close proximity to TRCA's Indigenous Plant Nursery, Boyd Office and The Living City Centre at Kortright, with The Living City Campus. The proposed building site was situated on a parcel of open tableland located on the western crest of the East Humber Valley, surrounded by open woodlands, reforested farmland, constructed habitat wetlands and meadow. The proposed location for the new facility was selected based on its proximity to current nursery propagation and production base (Thompson property), which is located on a mid -slope plateau in the East Humber River valley, and its ability to be closely tied to the Restoration Services Division base at the Boyd Office. Furthermore, the selected location afforded the land area required to construct and allowed opportunity for expansion and growth as needed and is an allowable use under the land use designations as set out in the Boyd North and Glassco Park Management Plan. In accordance with Resolution #A308/04, approved at Authority Meeting #10/04, held on November 26, 2004, staff was directed to engage Montgomery Sisam Architects Inc. (MSA) to lead a team to undertake the design, tendering and construction of the office /workshop facility. MSA was charged with developing an efficient and functional facility, while targeting a Gold Leadership in Energy and Environmental Design (LEED) rating level. LEED® Canada -NC 1.0 is a practical rating system used to measure and certify the energy and environmental performance of 'green' buildings in Canada. Overseen by the Canadian Green Building Council (CaGBC), LEED® Canada -NC 1.0 has been adapted from the United States Green Building Council's (USGBC) LEED® NC 2.1, recognizing differences in the Canadian climate, construction practices and building regulations. LEED® credits are awarded for meeting specific requirements in the following key categories: • Sustainable Sites; • Water Efficiency; • Energy and Atmosphere; • Materials and Resources; • Indoor Environmental Quality, and; • Innovation in Design. 390 The design and construction team played a crucial role in achieving LEED® Canada -NC 1.0 certification. Team members participated collaboratively throughout the project to successfully achieve the following five key project elements: • Erosion and Sediment Control: prevent loss of soil from the project site by wind, water and /or vehicle traffic through the usage of mud mats at construction entrance, filtration cloths at catch basins and tarp and silt fences at stockpiled soil. • Construction Waste Management: reduce and reuse waste and recycle waste when possible. • Material and Product Selection: utilize materials and products that are salvaged, manufactured or extracted locally and contain high recycled content. • Indoor Air Quality During Construction: use products with low volatile organic compound (VOC) content and no added urea - formaldehyde, reduce the production and circulation of pollutants while protecting equipment and materials from moisture, dust and dirt. • Building Systems Commissioning: verify quality equipment installation, ensure systems are operating as intended, provide comprehensive owner /operator training, and provide detailed operation and maintenance documentation. In accordance with Resolution #A29/06, approved at Authority Meeting #2/06, held on March 29, 2006, the contract was awarded to Percon Construction Inc. to undertake site servicing and building construction. Construction commenced with groundbreaking in April, 2006 and was substantially complete by April, 2007. Staff began occupying the new facility in early May, 2007. During the design and construction process of the newly completed Restoration Services Centre (RSC), staff identified the potential for the LEED certification to be elevated from the target Gold rating (minimum of 43 points) to the Platinum level (minimum of 52 points). Platinum level is the highest LEED rating available. In an effort to achieve the Platinum rating, staff worked with the architectural, mechanical /electrical (M /E) and LEED consultants to identify additional areas where gains could be made. During this consulting process, the design team determined that through the adaptation and provision of a few additional features and systems, TRCA could begin targeting a LEED Platinum rating for this initiative. These additional credits included: • incorporation of a renewable energy generation system; • purchase of a qualifying alternative fuel /hybrid vehicle as part of a planned fleet enhancement; • use of 100% green power for the facility through Bullfrog Power; and, • ongoing measurement and verification by the LEED consultant and M/E engineers to ensure the optimization of actual building systems and energy consumption over a one year real -time operating period during occupancy. In summary, the Restoration Services Centre incorporates innovative design elements, material selections and system technologies to create a building that is expected to deliver 57% in energy savings and dramatic reductions in water consumption in comparison to a conventionally constructed building. Examples include: • roof drainage and site grading transferring rainwater to on -site wetlands and contributing to enhanced terrestrial and aquatic habitat opportunities; • permeable surfaces allowing for reduced run -off and enhanced infiltration; 391 • washroom facilities featuring low -flow faucets, waterless urinals and composting toilets using up to 6 times less potable water; • ground source heat pumps providing heating and cooling through a radiant floor slab; • on site leaching field to handle gray water eliminating sanitary sewer connection; • a non - potable water system reducing the need for potable municipal water; • irrigation -free landscaping using indigenous plants; • utilization of a high degree or recycled and salvaged building material; • renewable energy generation from grid -tied solar photovoltaic panel /inverter system; • high performance windows and reflective ceiling panels proving abundant natural daylighting; • continuous low- velocity fresh air exchange to maintain indoor air quality in all occupied spaces and operable windows to provide natural ventilation throughout; • light level and occupancy sensors reducing electricity consumption; • functional space program and organization to protect occupied spaces from unwanted heat gain due to solar radiation in summer; and • separation of work spaces and traffic patterns to control dust /dirt from field operations migrating to office areas. The CaGBC certified the Restoration Services Centre as a LEED® Canada -NC 1.0 Platinum building. This is a significant achievement as it is the first building in Ontario to achieve a Platinum rating and only the forth in Canada. Furthermore, this project has been awarded all 56 LEED points as submitted, making it the second highest number of points awarded to a LEED building in Canada as of the certification date on November 6, 2007. The Restoration Services Centre is also a recent winner of the Green Design Award from the Ontario Wood Works! Awards presented on November 6, 2007, at the 7th Annual Wood Works! Awards in Toronto. The award recognized the Restoration Services Centre for its use of Forest Stewardship Council (FSC) Certified wood as part of the environmental sustainability of the design. The Wood Works! award selection committee stated: "Wood was chosen as the primary material, forming the main structural and cladding systems, because it has low- embodied energy, is a renewable resource, has good thermal properties and does not emit volatile organic compounds (VOCs). The use of wood also promotes the growth of forests, increasing the carbon sink effect and reducing CO, levels in the atmosphere." The incremental capital cost of constructing this facility under the LEED program is estimated at $271,000 or 9.3% of the construction budget. Without even factoring in the significant environmental benefits or the benefits of advancing and /or promoting this type of sustainable development approach, it is anticipated that these costs will be offset by energy savings alone in the first 15 years of occupancy. The final construction cost, including all approved change orders, is expected to be on the order of $2,900,000. 392 Through its coordinated design and construction programs, the Restoration Services Centre further demonstrates that the ideals of the LEED program are imminently achievable in a cost - effective and environmentally sustainable manner. The result is a building that is both functional and aesthetically pleasing. The Restoration Services Centre stands as an example of TRCA's commitment to leading and promoting energy efficiency and environmental design excellence to private and public sector stakeholders. Report prepared by: Dave Rogalsky, extension 5378 Email: drogalsky @trca.on.ca For Information contact: Dave Rogalsky, extension 5378 Email: drogalsky @trca.on.ca Date: November 15, 2007 Attachments: 1 393 Attachment 1 CANA A GR N BUILDING C d UN( I Imo, • , 01 DU BA -I I M E f T ,e CA ADA Building with pur p Bien batir pour 1' it FOUNDERS Joe Van Belleghern windmill Development Ltd Peter BUSby Busby Perkins +Wili Kevin Hydes Stantec Jon Id ebbs Royal whit €cturdI Institute or ain FOUNDING SP S Ledcor Construction Limited Johnson Controls LP'. BC: Buildings Corporation November 16, 2007 TRCA Restoration Services Centre 9751 Canada Company Avenue Vaughan, Ontario L4H 0A3 Attention: Dave Rogalsky, Manager, Resource Management Projects LEED Canada-NC 1.0 Toronto Regional Conservation Authority - Restoration Services Centre,- Platinum, CaGBC Project #10152 Dear Mr. Rogalsky, have the honour of attaching the final scorecard and review report of the LEER° Canada- NC submittal for Toronto Regional Conservation Authority's Restoration Services Centre and offering my congratulations to the owner and team for a job very well done. The assessment of your project, by thorough and independent reviews, has resulted in a LEEDit Canada-NC 1.0 Platinum rating, awarded 6 November 2007. am delighted to see this platinum -level certification for TRCA's first LEED project. It is an excellent example to your community and very appropriate given the nature of your building. The Restoration Services Centre is very deserving of the LEED Canada certification; we took special interest in the project's following green features: • Optimizing energy cost performance of 66% better than the Model National Energy Code for Buildings, and energy consumption savings of 57%, through: O Ground- source heat pump H P , o Improved building envelope performance, O Lowered lighting power density, O Cooling through fan coils with chilled water from GSHP, and, O Radiant slab heating with ventilation handled through energy and heat recovery ventilators; • Achieving exemplary performance in green power; • Reducing indoor potable water use by 80% through composting toilets, waterless urinals and low -flow lavatories; • Utilizing over 50% ESC certified wood; and, • Providing excellent indoor environmental quality to the building occupants through CO, monitoring, increased ventilation, low emitting materials (including systems furniture), occupant controllability and many other strategies. Once we receive the final photos of your certified project, we will announce your achievement in our monthly newsletter to members and feature your certification on our website , caq bc, or O. 394 2 Again, congratulations! Your team's efforts have resulted in a building with real lessons on how to reduce buildings' s' en ironmental and resource impacts+ I'm very pleased the CaGBC is the first to formally acknowledge your achievement. Warm regards, Ian G. Theaker, E. Erg g. Manager, LEER Technical 395 RES. #A248/07 - Moved by: Seconded by: ONTARIO POWER AUTHORITY Renewable Energy Contract - Restoration Services Centre. Authorizes staff to enter into renewable energy contract with Ontario Power Authority for supply of solar electricity. Jack Heath Laurie Bruce THAT a contract to supply renewable energy to Ontario Power Authority (OPA) from solar panel installation at Toronto and Region Conservation Authority (TRCA) Restoration Services Centre be approved; AND FURTHER THAT staff be directed and authorized to take such action as is necessary to implement the contract including the signing and execution of documents. CARRIED RATIONALE OPA has offered to purchase from TRCA electricity produced by the solar panel facility at TRCA's Restoration Services Centre. The form of contract is OPA's renewable energy standard offer program contract. Terms and conditions include: 1. contract capacity - 2.56 kilowatts (kW); 2. price - $0.42/kW hours (solar photovoltaic [pv] only); 3. term - 20 years; 4. local distribution company - PowerStream Inc.; 5. connection point - load connected (behind the meter); 6. environmental attributes ( i.e. carbon credits) conveyed to OPA; 7. no provision for early termination. Although revenue from the sale of the electricity has minimal value to TRCA, this is an important precedent for TRCA. This contract will require that PowerStream Inc. agrees to implement the connection. 'Behind the meter' connections are preferable in terms of cost to TRCA as the 'generator' Stage 1 is to get the contract with OPA signed. If TRCA is successful, it will assist in future installations. Approval of the Authority is required because the contract is for a 20 year term. Report prepared by: Jim Dillane, extension 6292 Email: jdillane @trca.on.ca For Information contact: Jim Dillane, extension 6292; David Nixon, 905 832 2289 extension 239 Emails: jdillane @trca.on.ca; dnixon @trca.on.ca Date: November 09, 2007 396 RES. #A249/07 - Moved by: Seconded by: SOURCE PROTECTION PLANNING Water Budget Peer Reviews. Award of sole source contract to conduct water budget peer reviews in support of source protection planning. Gay Cowbourne Linda Pabst THAT a contract for the provision of water budget peer review services be awarded to S.S. Papadopulos & Associates as the prime contractor without substitution, of Chris Neville (S.S. Papadopulos & Associates) and Kevin MacKenzie (Golder Associates Ltd.) until September 30, 2008 at the average rate of $1,000 per 8 hour day with an upset limit of $90,000, plus applicable taxes. CARRIED BACKGROUND The Province of Ontario enacted legislation with respect to source water protection in July, 2007. The province, through Conservation Ontario, has funded source protection regions to undertake various studies. The studies will provide the technical basis to develop scientific assessment reports for each of the source protection areas to inform the source protection plans to be completed for each area. A key technical component is the development of water budgets. A water budget provides a quantitative understanding of the flow system (groundwater and surface water) necessary for all phases of the preparation of the source protection plan. The complexity of the water budget analysis necessary will be determined by the degree of stress placed on water resources within a watershed. The Credit Valley, Toronto and Region and Central Lake Ontario conservation authority's (CTC) Source Protection Region (SPR) contains several areas where the quantities of groundwater resources are under potential stress. Conceptual water budget studies have been completed and more detailed studies (Tier 1 and Tier 2) are underway in the three source protection areas within the CTC SPR. In addition, the province is undertaking a detailed 'Tier 3' water budget analysis as a pilot project in one of these potentially stressed sites, located in the Orangeville area (funding provided by the Ministry of Natural Resources (MNR)). Tier 3 studies will also be undertaken by the CTC SPR in the Georgetown / Acton areas within the Regional Municipality of Halton. The province requires that all of these water budget studies be subjected to peer review. The peer reviewers must be independent from the persons who have developed the water budgets. The CTC Source Protection Region is ready to initiate the next stages of the water budget peer review process. In addition to hiring independent experts, the CTC SPR will again be inviting municipal technical staff, provincial staff from the Ministry of Natural Resources and Ministry of the Environment, staff from the adjacent watershed regions and Conservation Ontario to participate in the peer review. 397 It is recommended that the sole source contract for the water budget peer review process be awarded to the two experts who have completed the peer review of the conceptual water budget studies to the satisfaction of the CTC SPR, Conservation Ontario and the province. Mr. Chris Neville and Mr. Kevin Mackenzie completed peer reviews of the initial conceptual water budget work between July 1, 2006 and March 31, 2007 for the CTC SPR at a cost below the estimated and approved budget ceiling of $32,000. The quality of their review and the knowledge that they have acquired about the CTC SPR is an important starting point for reviewing the more complex water budget studies at this time. The complexity of the water budget technical analyses being conducted within the CTC Source Protection Region requires peer reviewers with the technical ability and experience to conduct a thorough and scientifically - credible review. This contract is sought as sole source with S.S. Papadopulos because the knowledge and objectivity of these proposed peer reviewers cannot be matched by other private sector consultants at equivalent rates. Furthermore, the consultants must not have been involved in the development of the surface or groundwater budgets for any of the partner conservation authorities (CA) in the CTC; S.S. Papadopulos has not been contracted for water budget studies within the CTC Region. The province was so pleased with the work of Mr. Neville and Mr. Mackenzie that it requested that these individuals conduct the peer review of the Orangeville Tier 3 water budget pilot study, initiated by MNR, and that the CTC SPR include this work as part of our contract with S.S. Papadopulos. Mr. Christopher J. Neville, P. Eng. has over eighteen years experience as a quantitative groundwater hydrologist, with specialization in the interpretation of hydrologic data and the analysis of groundwater problems in complex granular and fractured porous media. His areas of expertise include the analysis of regional flow systems, the interpretation of aquifer tests, and the development and application of numerical and analytical solutions for solute transport. Mr. Neville has provided senior reviews of numerous site - specific hydrogeological analyses and groundwater modelling codes, and also acts as a reviewer for five major scientific journals. Mr. Neville is also serving on the peer review panel for the development of the Water Budget Guidance Module being prepared by the province in support of source protection planning. Mr. Neville will lead the peer review and provide expertise in the review of the water budget analyses and groundwater modelling. Mr. Kevin Mackenzie, P. Eng. has over ten years experience as a specialist in water resources and hydrology. He has been hand - picked by Mr. Neville to provide expertise in the review of surface water modelling and coupled surface water /groundwater modelling. Mr. Mackenzie has conducted numerous assessments in the fields of surface water flow, erosion, hydraulic control structures, channel design and fluvial geomorphology. The province requires that all peer review comments are recorded and addressed in finalizing the reports and that peer reviewers approve the resolution of their comments. The CTC Source Protection Committee will receive the final reports as input into the water budget water quantity risk assessment module of the assessment report required under the Clean Water Act and regulations. 398 FINANCIAL DETAILS The CTC Source Protection Region is receiving approximately $700,000 for water budget work in the fiscal period ending March 31, 2008. The budget, and use of these specific external consultants for the peer review, has been included in the work plan submitted and approved by Conservation Ontario and the province for this funding. The budget is inclusive of funds to undertake peer review of the provincial pilot study in the Orangeville area. Funds not expended by March 31, 2008 must be returned to the province. Any planned and approved work not completed by March 31, 2008, will be eligible for further provincial funding, but no water budget peer review work will be authorized beyond March 31, 2008 until new provincial funds are approved. Report prepared by: Beverley Thorpe, extension 5577 Email: bthorpe @trca.on.ca For Information contact: Beverley Thorpe, extension 5577, Adele Freeman extension 5238 Emails: bthorpe @trca.on.ca, afreeman @trca.on.ca Date: November 01, 2007 RES. #A250 /07 - Moved by: Seconded by: TENDER OPENING COMMITTEE Contract RSD07 -39 - Edwards Gardens and Wilket Creek Bridge Construction and Rehabilitation Project, City of Toronto. Award of contract RSD07 -39 for the Edwards Gardens and Wilket Creek Bridge Construction and Rehabilitation Project, City of Toronto. Gay Cowbourne Linda Pabst THAT Tender RSD07 -39 for the Edwards Gardens and Wilket Creek Bridge Construction and Rehabilitation Project be awarded to McPherson - Andrews Contracting Ltd. at a cost not to exceed $411,108.50, plus applicable taxes, it being the lowest tender that met Toronto and Region Conservation Authority (TRCA) specifications. AMENDMENT RES. #A251 /07 Moved by: Seconded by: Gay Cowbourne Linda Pabst THAT the following be inserted after the main motion: AND FURTHER THAT the award of the contract be subject to City of Toronto staff approval of the terms and conditions of the contract. THE AMENDMENT WAS CARRIED 399 THE MAIN MOTION, AS AMENDED, WAS CARRIED The resultant motion reads as follows: THAT Tender RSD07 -39 for the Edwards Gardens and Wilket Creek Bridge Construction and Rehabilitation Project be awarded to McPherson - Andrews Contracting Ltd. at a cost not to exceed $411,108.50, plus applicable taxes, it being the lowest tender that met Toronto and Region Conservation Authority (TRCA) specifications. AND FURTHER THAT the award of the contract be subject to City of Toronto staff approval of the terms and conditions of the contract. BACKGROUND Tender RSD07 -39 was publicly advertised in the Daily Commercial News on October 22, 2007 and October 23, 2007. Five (5) suppliers provided sealed bids, which were reviewed by staff and Brown Company Engineering Ltd.. The prices received were as follows: SUMMARY OF PRICES FOR THE CONSTRUCTION OF THREE (3) PEDESTRIAN BRIDGES BIDDERS TOTAL (Excluding GST) McPherson - Andrews Contracting Ltd. $482,275.00 Ganawa Company Ltd. $510,570.00 A Plus General Contractor Corporation $544,258.00 Bob Hendricksen Construction Ltd. $606,420.00 HugoMark Construction Inc. $616,582.00 After opening of bids for this contract, staff of Toronto Water requested that TRCA remove one of the proposed bridges from the contract pending completion of a geomorphic study which would establish the best possible location for the new bridge. As per the TRCA Tendering Practices Guidelines staff negotiated a revised price with the low bidder McPherson - Andrews Contracting Ltd.. The revised price from the low bidder McPherson - Andrews Contracting Ltd. is $411,108.50, plus GST. This contract now includes the construction of two (2) new pedestrian bridges instead of three (3) bridges, as contained in the original tender. RATIONALE TRCA staff along with the design consultant, Brown and Company Engineering have reviewed the tenders and recommend that the revised quotation received for Tender RSD07 -39 from McPherson - Andrews be accepted for the Edwards Gardens and Wilket Creek Bridge Construction and Rehabilitation Project, at a total cost not to exceed $411,108.50 plus GST. FINANCIAL DETAILS Funds are identified in the budget for the Edwards Gardens Restoration Project and the City of Toronto Storm Damage Project. For Information contact: Joe Delle Fave, 416- 392 -9724 Email: jdellefave @trca.on.ca Date: November 20, 2007 400 RES. #A252/07 - Moved by: Seconded by: GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Duffins Creek Watershed Glen Major Angling Club, CFN 37200. Acquisition of a limited easement, located west of the Seventh Concession Road, north of the Uxbridge Pickering Town Line, Township of Uxbridge, Regional Municipality of Durham, under the "Greenlands Acquisition Project for 2006 - 2010 ", Flood Plain and Conservation Component, Duffins Creek watershed. (Executive Res. #B 132/07) Bryan Bertie Ron Moeser THAT a limited easement, for future trail purposes, containing 8.89 hectares (21.97 acres), more or less, consisting of an irregular shaped parcel of vacant land, said land being Part of Lot 4, Concession 6, Township of Uxbridge, in the Regional Municipality of Durham, further described as being Part 1 on Plan 40R- 24982, situated west of the Seventh Concession Road, north of the Uxbridge Pickering Town Line be purchased from the Glen Major Angling Club (GMAC); THAT the limited easement with the GMAC be premised on the following basis; (a) the purchase price be $100.00; (b) the term of the limited easement will be 20 years with no right for renewal; (c) Toronto and Region Conservation Authority (TRCA) is responsible for the cost of the survey and reasonable legal fees; (d) any other terms and conditions deemed appropriate by TRCA's solicitor; THAT the Authority extend their appreciation and thanks to the Glen Major Angling Club for the limited easement for future trail purposes; THAT Gardiner, Roberts, Barristers and 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 appropriate TRCA officials be authorized and directed to take whatever action may be required to give effect thereto, including the obtaining of necessary approvals and the execution of any documents. CARRIED 401 RES. #A253 /07 - Moved by: Seconded by: GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Don River Watershed The Canadian National Institute for the Blind, CFN 39869. Purchase of property located east of Bayview Avenue, north of Kilgour Road (rear of 1929 Bayview Avenue), City of Toronto (North York Community Council Area), under the "Greenlands Acquisition Project for 2006 - 2010 ", Flood Plain and Conservation Component, Don River watershed. (Executive Res. #B 133/07) David Barrow Linda Pabst THAT 0.037 hectares (0.090 acres), more or less, of vacant land, being Part of Block 3 on Registered Plan 66M -2405, Part of Block 6 on Registered Plan 66M -2423, and Part of Lots 2 and 3, Concession 2 EYS, designated as Parts 10 to 21 on Plan 66R- 22434, City of Toronto (North York Community Council Area), located east of Bayview Avenue, north of Kilgour Road (rear of 1929 Bayview Avenue), be purchased from The Canadian National Institute for the Blind; 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, and a Limiting Distance Agreement over Block 6 to restrict the construction of any buildings or structures over this portion of the lands; 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 appropriate TRCA officials be authorized and directed to execute all necessary documentation required. RES. #A254 /07 - Moved by: Seconded by: CARRIED GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Rouge River Watershed Tovtel Enterprises Inc., CFN 39906. Acquisition of a property located at 12479 Highway 48, north of Main Street and east of Highway No. 48, Town of Whitichurch- Stouffville, Regional Municipality of York, under the "Greenlands Acquisition Project for 2006 - 2010 ", Flood Plain and Conservation Component, Rouge River watershed. (Executive Res. #B 134/07) David Barrow Linda Pabst 402 THAT 12.1 hectares (29.8 acres), more or less, of vacant land being Plan of Subdivision of Part of Lot 2, Concession 8 and designated as Blocks 2, 7 and 11 on draft M -Plan, prepared by Randy - Pentek & Edward Surveying Ltd., OLS under file #06 -056, Town of Whitichurch - Stouffville, Regional Municipality of York, located at 12479 Highway 48, north of Main Street, east of Highway No. 48, Town of Whitichurch - Stouffville, Regional Municipality of York, be purchased from Tovtel Enterprises Inc.; 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 by TRCA; AND FURTHER THAT the appropriate TRCA officials be authorized and directed to execute all necessary documentation required. RES. #A255/07 - Moved by: Seconded by: CARRIED REQUEST FOR EXCHANGE OF LAND Duke of Richmond Developments Inc., CFN 39919. Receipt of a request from Duke of Richmond Developments Inc. for an exchange of land to resolve a design deficiency with a stormwater management facility within the Duke West - Phase 3 residential subdivision, located east of Bathurst Street and south of Jefferson Sideroad, Town of Richmond Hill, Regional Municipality of York, Rouge River watershed. (Executive Res. #B 135/07) David Barrow Linda Pabst WHEREAS Toronto and Region Conservation Authority (TRCA) is in receipt of a request from Duke of Richmond Developments Inc. for TRCA to enter into an exchange of lands to resolve a design deficiency with a stormwater management facility within the Duke West - Phase 3 residential subdivision, being Part of Lot 59, Concession 1 WYS, Town of Richmond Hill, Regional Municipality of York, located east of Bathurst Street and south of Jefferson Sideroad; WHEREAS it is in the opinion of TRCA that it is in the best interest of TRCA in furthering its objectives, as set out in Section 20 of the Conservation Authorities Act, to proceed with the land exchange in this instance; THEREFORE LET IT BE RESOLVED THAT TRCA enter into an exchange of lands with Duke of Richmond Developments Inc. on the following basis: 403 (a) Duke of Richmond Developments Inc. will convey to TRCA parcels of land containing 0.03 hectares (0.07 acres), more or less, described as Parts 1, 2 and 3 on a Plan of Survey prepared by Rady - Pentek & Edward Surveying Ltd., under their Job No. 04 -092 dated September 19, 2007; (b) TRCA will convey to Duke of Richmond Developments Inc. a parcel of land containing 0.03 hectares (0.07 acres), more or less, described as Part 4 on a Plan of Survey prepared by Rady - Pentek & Edward Surveying Ltd.; (c) Completion of this sale is subject to any Planning Act approval that may be required; (d) Duke of Richmond Developments Inc. is to pay all legal, survey and other costs, including any fees required for municipal approvals (e.g. consent to sever) as deemed necessary by the Town of Richmond Hill; THAT the sale be subject to 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, if required; AND FURTHER THAT the appropriate TRCA officials be authorized and directed to take whatever action may be required to give effect hereto, including the obtaining of necessary approvals and the execution of any documents. RES. #A256/07 - Moved by: Seconded by: CARRIED FINANCIAL PROGRESS REPORT For the period ending August 31, 2007. Reports on status of expenditures and revenues to the end of August, 2007, with projections to year end. (Busines Excellence Res. #C45/07) David Barrow Jack Heath THAT staff be directed to continue to pursue all options to secure provincial relief with respect to the Conservation Land Tax Incentive Program (CLTIP); THAT the Financial Progress Report for the period ending August 31, 2007, dated October 25, 2007, be received; AND FURTHER THAT staff report to the board in December on any changes with respect to the CLTIP issue. CARRIED 404 RES. #A257 /07 - Moved by: Seconded by: 2008 PRELIMINARY ESTIMATES, OPERATING AND CAPITAL Approval of the 2008 Preliminary Estimates, Operating and Capital. (Busines Excellence Res. #C46/07) Lois Griffin David Barrow THAT the 2008 Preliminary Estimates, Operating and Capital be approved; AND FURTHER THAT Toronto and Region Conservation Authority (TRCA) staff and, as appropriate, the Chair of TRCA and the Chair of the Business Excellence Advisory Board, be directed to meet with TRCA funding partners to present the 2008 Preliminary Estimates, Operating and Capital. RES. #A258 /07 - Moved by: Seconded by: CARRIED TRCA GOVERNANCE STRUCTURE 2008 -2009 Meeting Schedule and Amendment of Rules Of Conduct. To amend the Rules of Conduct to change the Toronto and Region Conservation Authority governance structure and provide a schedule of meetings for the forthcoming Authority year, beginning February 29, 2008 and ending February 27, 2009. (Busines Excellence Res. #C47/07) Ron Moeser Linda Pabst THAT the Rules of Conduct for Toronto and Region Conservation Authority (TRCA) be amended to remove all references to the Business Excellence, Sustainable Communities and Watershed Management advisory boards from the governance structure, add the Budget /Audit Advisory Board, increase the membership and adjust the responsibilities of the Executive Committee and make such changes as required as set out in the report dated October 15, 2007; THAT staff report back at Annual Authority Meeting #1/08, to be held on February 29, 2008, with the amended Rules of Conduct for final approval; THAT the members of the Executive Committee that were elected for a 3 -year term at Annual Authority Meeting #1/07, held on February 23, 2007, continue to sit on the Executive Committee until Annual Meeting #1/10, unless any member does not wish or is unable to continue to hold their position for the remainder of the term; THAT elections be held at Annual Authority Meeting #1/08 for the remaining Executive Committee positions outlined in the report dated October 15, 2007, and the Chair and Vice Chair of the Authority, to sit until Annual Meeting #1/09; 405 THAT the Schedule of Meetings 2008 -2009, dated October 15, 2007 be approved (Attachment 2); THAT the Executive Committee be delegated the powers of the Authority during the month of August, 2008, as defined in Section 2.10 of the Rules of Conduct; AND FURTHER THAT the Schedule of Meetings 2008 -2009 be distributed at the earliest opportunity to TRCA watershed municipalities and the Ministry of Natural Resources. AMENDMENT #1 RES. #A259 /07 Moved by: Seconded by: Ron Moeser Linda Pabst THAT the fourth paragraph of the main motion be amended to read as follows: THAT elections be held at Annual Authority Meeting #1/08 for the remaining Executive Committee positions outlined in the report dated October 15, 2007 to sit until Annual Meeting #01/10, and the Chair and Vice Chair of the Authority, to sit until Annual Meeting #1/09 and the Rules of Conduct be amended to make further appointments to the members at large of the Executive Committee for two year terms; AND FURTHER THAT the following be added after the fifth paragraph of the main motion: AND FURTHER THAT a review be conducted one year after implementation of the new governance structure. AMENDMENT #2 RES. #A260 /07 Moved by: Seconded by: Ron Moeser Linda Pabst THAT the fifth paragraph of the main motion be amended to read as follows: THAT the Schedule of Meetings 2008 -2009, dated October 15, 2007 be approved (Attachment 2) with the amendment that meetings begin at 9:30 a.m.; AMENDMENT #1 WAS CARRIED AMENDMENT #2 WAS CARRIED THE MAIN MOTION, AS AMENDED, WAS CARRIED The resultant motion reads as follows: 406 THAT the Rules of Conduct for Toronto and Region Conservation Authority (TRCA) be amended to remove all references to the Business Excellence, Sustainable Communities and Watershed Management advisory boards from the governance structure, add the Budget /Audit Advisory Board, increase the membership and adjust the responsibilities of the Executive Committee and make such changes as required as set out in the report dated October 15, 2007; THAT staff report back at Annual Authority Meeting #1/08, to be held on February 29, 2008, with the amended Rules of Conduct for final approval; THAT the members of the Executive Committee that were elected for a 3 -year term at Annual Authority Meeting #1/07, held on February 23, 2007, continue to sit on the Executive Committee until Annual Meeting #1/10, unless any member does not wish or is unable to continue to hold their position for the remainder of the term; THAT elections be held at Annual Authority Meeting #1108 for the remaining Executive Committee positions outlined in the report dated October 15, 2007 to sit until Annual Meeting #01/10, and the Chair and Vice Chair of the Authority, to sit until Annual Meeting #1/09 and the Rules of Conduct be amended to make further appointments to the members at large of the Executive Committee for two year terms; THAT the Schedule of Meetings 2008 -2009, dated October 15, 2007 be approved (Attachment 2) with the amendment that meetings begin at 9:30 a.m.; THAT a review be conducted one year after implementation of the new governance structure; THAT the Executive Committee be delegated the powers of the Authority during the month of August, 2008, as defined in Section 2.10 of the Rules of Conduct; AND FURTHER THAT the Schedule of Meetings 2008 -2009 be distributed at the earliest opportunity to TRCA watershed municipalities and the Ministry of Natural Resources. COMMITTEE OF THE WHOLE RES. #A261 /07 Moved by: Seconded by: Maria Augimeri Linda Pabst THAT the committee move into closed session to discuss item 9.4 - Compensation Study. CARRIED 407 ARISE AND REPORT RES. #A262 /07 Moved by: Seconded by: Jack Heath Maria Augimeri THAT the committee arise and report from closed session. RES. #A263 /07 - Moved by: Seconded by: CARRIED COMPENSATION STUDY Updated information on Toronto and Region Conservation Authority's compensation levels compared to our partners and stakeholder groups. (Busines Excellence Res. #C50/07) Linda Pabst Colleen Jordan THAT confidential item 9.4 - Compensation Study, be approved; AND FURTHER THAT staff report back when the item is completed and can be made public. RES. #A264 /07 - Moved by: Seconded by: CARRIED REGION OF DURHAM - ACCOUNTABILITY FRAMEWORK Resolution from the Region of Durham requesting new reporting framework. (Busines Excellence Res. #C51 /07) David Barrow Jack Heath THAT item 9.5 - Region of Durham - Accountability Framework, be referred back to staff. CARRIED RES. #A265 /07 - Moved by: Seconded by: DURHAM REGION LAND ACQUISITION FUNDING POLICY FOR CONSERVATION AUTHORITIES Response to report from Region of Durham on creation of land acquisition policy for conservation authorities. (Busines Excellence Res. #C52 /07 & Res. #C53 /07) David Barrow Jack Heath 408 THAT Toronto and Region Conservation Authority (TRCA) commend the Council of the Regional Municipality of Durham for their foresight and commitment to preservation of conservation greenspace as set out in the Durham Region Land Acquisition Funding Policy For Conservation Authorities; THAT the Region of Durham be advised that to improve the value and effectiveness of the policy, the following changes are recommended: 1. amending clause a) (ii) to delete reference to "and be outside of urban areas "; 2. clarify clause b) (iii) as to the meaning of the term "mainly recreational in nature" so as not to exclude lands required to meet criteria #7 of the Planning Evaluation Criteria, "property needed to secure public access (outdoor education and trails) "; THAT the Region of Durham be requested to convene a meeting with representatives of the five Durham conservation authorities as soon as possible to further clarify the proposed policy and criteria and the process to submit land acquisition requests; THAT this report be circulated to the Central Lake Ontario, Kawartha Region, Ganaraska Region and Lake Simcoe Region conservation authorities as well as the Councils of the City of Pickering, Town of Ajax and Township of Uxbridge; AND FURTHER THAT staff be directed to arrange a meeting with the Durham Region Chief Financial Officer Jim Clapp, Finance Committee Chair Marilyn Pearce and all conservation authorities within Durham Region. RES. #A266 /07 - Moved by: Seconded by: CARRIED 2008 FEE SCHEDULE Changes to the TRCA 2007 Fee Schedule for Public Facilities and Programming. (Business Excellence Res. #C54 /07) David Barrow Jack Heath THAT the 2008 Fee Schedule for Public Facilities and Programming, including the proposed changes, be approved effective January 1, 2008. CARRIED RES. #A267 /07 - Moved by: Seconded by: HEART LAKE ROAD STORMWATER MANAGEMENT POND To provide information regarding the Heart Lake Road Stormwater Management Pond permit application. (Sustainable Communities Res. #E 18/07) Gay Cowbourne Laurie Bruce 409 THAT staff be directed to proceed with the review and permitting of the Mayfield Road improvements and Heart Lake Stormwater (SWM) pond in accordance with the staff report dated October 11, 2007. RES. #A268 /07 - Moved by: Seconded by: CARRIED NET ENVIRONMENTAL GAIN York Region. Receipt of staff report on the mechanisms for implementing net environmental gain practices in York Region's planning and development processes. (Sustainable Communities Res. #E 19/07) Bryan Bertie Linda Pabst WHEREAS Toronto and Region Conservation Authority (TRCA) staff has been working with York Region on numerous projects and programs to ensure that net environmental gains are achieved, since the Ministry of Environment's approval of the 16th Avenue Phase II York Durham Sewage System project in 2005; WHEREAS TRCA staff has developed a service delivery partnership with York Region which has facilitated quality working relationships with York Region staff on environmental assessment and permit related projects and their implementation; AND WHEREAS TRCA staff continue to work with York Region in the development of their growth plan, infrastructure master plans and sustainability strategy to ensure that net environmental gain is included as an integral component of planning and development; THEREFORE LET IT BE RESOLVED THAT staff be directed to report to the Authority once the final 16th Avenue Environmental Improvements Initiative, Southeast Collector Environmental Enhancement Plan and Duffins Water Pollution Control Plant (WPCP) Greening and Biodiversity Plan, have been developed; AND FURTHER THAT the Regional Municipality of York be requested to make a presentation to the Authority once their sustainability strategy is finalized. RES. #A269 /07 - CARRIED GREEN ROOF ECONOMIC ANALYSIS FOR THE GREATER TORONTO AREA Final report summarizing findings of Green Roof Economic Analysis conducted under the Sustainable Technologies Evaluation Program. (Sustainable Communities Res. #E20/07) 410 Moved by: Seconded by: Jack Heath Maria Augimeri THAT the report entitled 'An Economic Analysis of Green Roofs: Evaluating the costs and savings to building owners and developers in Toronto and surrounding regions' be received; AND FURTHER THAT staff be directed to disseminate study findings to municipal staff, the development industry and other agencies through technology transfer seminars and a posting on the Sustainable Technologies Evaluation Program (STEP) website. CARRIED RES. #A270 /07 - Moved by: Seconded by: RENEWABLE ENERGY DISCUSSION PAPER Progress Report. Receipt of the progress report on the Renewable Energy Discussion Paper: Developing the Business Case for Renewable Energy Technologies. (Sustainable Communities Res. #E21 /07) Grant Gibson Maria Augimeri THAT staff be directed to proceed with the preparation of a renewable energy discussion paper, including developing the Business Case for Renewable Energy Technologies, through a partnership with University of Toronto as set out in the report dated October 23, 2007. RES. #A271 /07 - Moved by: Seconded by: CARRIED ECOOFFICE PILOT PROJECT Progress Report. Receipt of progress report on development of EcoOffices program at five Toronto and Region Conservation Authority office locations. (Sustainable Communities Res. #E22/07) Grant Gibson Maria Augimeri THAT staff be directed to proceed with the implementation of an EcoOffices program at Toronto and Region Conservation Authority's (TRCA) Head Office, Downsview Office, Boyd Office, Restoration Services Centre and the Eastville Office. CARRIED 411 SECTION II - ITEMS FOR AUTHORITY INFORMATION RES. #A272 /07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: David Barrow Lindat Pabst THAT Ontario Regulation 166/06 items 8.5.1 - 8.5.75, inclusive, contained in Section II of Executive Committee Minutes #9/07, held on November 2, 2007, be received. CARRIED RES. #A273 /07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: David Barrow Linda Pabst THAT Section II items 8.6 - 8.8, inclusive, contained in Executive Committee Minutes #9/07, held on November 2, 2007, be received. CARRIED Section II Items 8.6 - 8.8, Inclusive ALTERRA -FINER (BRAMPTON) LTD. (Executive Res. #B 139/07) ROUGE PARK (Executive Res. #B 140/07) SOLAR -BEE LAKE LUNG FOR HEART LAKE (Executive Res. #B 141 /07) SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD RES. #A274 /07 - SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD Moved by: Seconded by: Ron Moeser Laurie Bruce THAT Section IV items 9.8 & 9.9, contained in Business Excellence Advisory Board Minutes #6/07, held on November 2, 2007, be received. CARRIED Section IV Items 9.8 & 9.9 THE CONSERVATION FOUNDATION OF GREATER TORONTO (Business Excellence Res. #C55 /07) GOOD NEWS STORIES (Business Excellence Res. #C56 /07) 412 TERMINATION ON MOTION, the meeting terminated at 1:15 p.m., on Friday, November 30, 2007. Gerri Lynn O'Connor Brian Denney Chair Secretary- Treasurer /ks 413 THE TORONTO AND REGION CONSERVATION AUTHORITY MEETING OF THE AUTHORITY #10/07 January 4, 2008 The Authority Meeting #10/07, was held in the South Theatre, Black Creek Pioneer Village, on Friday, January 4, 2008. The Chair Gerri Lynn O'Connor, called the meeting to order at 10:05 a.m.. PRESENT Paul Ainslie Member Bryan Bertie Member Laurie Bruce Member Gay Cowbourne Member Glenn De Baeremaeker Member Rob Ford Member Lois Griffin Member Suzan Hall Member Bonnie Littley Member Glenn Mason Member Ron Moeser Member Gerri Lynn O'Connor Chair John Parker Member Anthony Perruzza Member Gino Rosati Member John Sprovieri Member Richard Whitehead Member ABSENT Eve Adams Member Maria Augimeri Vice Chair David Barrow Member Bill Fisch Member Grant Gibson Member Jack Heath Member Colleen Jordan Member Reenga Mathivanan Member Peter Milczyn Member Linda Pabst Member Maja Prentice Member 414 RES. #A275 /07 - MINUTES Moved by: Seconded by: Gay Cowbourne Suzan Hall THAT the Minutes of Meeting #9/07, held on November 30, 2007, be approved. CARRIED CONFLICT OF INTEREST Rob Ford declared a conflict of interest with respect to item 8.1.5 - 16 Edenbridge Drive, as it is a neighbouring property to his own. CORRESPONDENCE (a) An email dated December 10, 2007 from John Newell, Pickering, in regard to barrel burning. RES. #A276 /07 - CORRESPONDENCE Moved by: Seconded by: Bonnie Littley John Sprovieri THAT above -noted correspondence (a) in regard to "barrel burning" be forwarded to the Ministry of the Environment with a request that the Ministry provide a summary of this issue and any action the Ministry deems necessary. CARRIED 415 CORRESPONDENCE (A) From: gullyfourmyle [mailto:jondy @sympatico.ca] Sent: Monday, December 10, 2007 9:16 PM To: 0000 John Newell Subject: The Chemical Violation of Julie Inwood Dear Government Decision Makers, The attachments outline a true story of what happens when the authorities, including municipal officials, the police, ministry scientists and legislation are not coordinated. This is not about an absence of legislation; it's about a failure to correctly apply existing legislation and it's about a systemic failure to understand how the Criminal Code of Canada governs much more than cops and robbers. This is about how a typical jurisdiction failed to protect a defenceless retiree, Julie Inwood, from a series of chemical assaults by mulitple abusers over a period of seven years because there is no environmental legislation to deal with that specific issue. No one took the time to consider what other legislation could be used to protect Julie. Police departments nationally need to be made aware they can no longer fail to apply the law where environmental issues intersect public safety - even if it is the government that committed the crime. And yes, Canadian governments have quite an extensive, largely unpunished criminal past. The reality is that our governments and officials have gotten away with pretty well every conceivable crime in the Criminal Code except those involving money. The system wasn't set up to enable elected officials and bureaucrats to commit the perfect crimes but the hands off attitude displayed by all police forces in Canada have made it happen. Government decision makers need to understand that public safety is paramount and the main reason they have their jobs. When public safety is ignored and the public is put in harm's way, the Criminal Code kicks in. No one is exempt. Not the Prime Minister, not the Premiers, the Ministers, MP's MPP's or civil servants. When you read her story you will be shocked as I was to think that this could have happened anywhere in Canada never mind in your own jurisdiction. And as you read, try to imagine yourself in her shoes, in her condition at 58 years old without anyone to turn to... John Newell, Pickering 416 Backyard Burn Barrels: A Burning Health Problem EPA [Washington State] Factsheet 3aprO3 This is what Washington State says. I couldn't find anything as definitive as this very incomplete and not very informative document on any Ontario website. mindfully. org note: This factsheet warns not to burn certain materials, but in truth, none should be burned openly, as they all cause toxic chemicals to be released into the air. What's so bad about burn barrels? Maybe you guessed that smoke from your burn barrel isn't good for you, but do you know how bad it really is? The immediate affects are: • Eye, nose, and throat irritation • Lung irritation and congestion • Skin irritations and burns • Stomach or intestinal upset • Headache or memory loss The increased risk of long -term health problems: • Cancer • Leukemia • Asthma • Immune System Changes • Learning Disorders • Birth Defects • Infertility When you choose to burn, you affect not just your own health, but the health of your children, your neighbors, and your animals. Children, teenagers, pregnant women, and the elderly are at highest risk. Burn barrels are especially bad because the fires burn at low temperatures. They receive very little oxygen and produce a lot of smoke that contains toxic substances. What's worse is that almost all of the pollutants released into the air are close to the ground where they are easily inhaled. 417 Did you know it is illegal to burn the following materials? • Garbage • Plastic • Paper • Cardboard • Asphalt • Rubber products • Treated wood • Petroleum products • Dead animals • Any substance other than natural vegetation, when burned, releases toxic emissions, dense smoke or obnoxious odors It is illegal to burn all of the above materials because they release toxic substances when they are burned. In fact, burning anything in burn barrels is illegal (WAC 173 - 425- 050(5)). Unprocessed natural vegetation is the only thing you can burn legally, and then only if you live outside urban areas and you follow local permitting guidelines. Check with your local air pollution control authority or fire protection district for regulations in your area. 418 The Chemical Violation of Julie Inwood John Newell, 529 Steeple Hill, Pickering, Ontario, L1V 5Z6 December 10, 2007 The following is the synopsis of an e-mail sent to me on November 22, 2007. The e -mail was a heart rending plea for help by a very desperate lady I have never met. Her name is Julie Inwood. She is a 58 year old, retired nurse who moved into her home northeast of Balsam Lake east of Kinmount, in Minden Hills Twp, in the county of Haliburton, on the Irondale River which joins the Burnt River at 1124 Joplin Rd, Kinmount, Ontario, seven years ago. When she moved there, she was in good to excellent health for her age. Soon after moving in she came to realize the former owner had been a prolific barrel burner. Barrel burning is a common practice in rural areas. The barrels are generally 55 gallon used oil drums in which household garbage is burned. As time went on, she found that the chemical damage to the property from barrel burning to be so severe that seven years later, plants cannot grow in the most contaminated areas. That was bad enough. But after settling into what she had thought of as the ideal, pristine rural homestead, it turned out her neighbours were apparently anything but environmentally friendly. They are barrel burners too. Doing nothing but trying to live in peaceful retirement, Julie was trapped. Her efforts to have her neighbours stop the burning, especially of toxic materials, resulted in retaliation, intimidation and repeated, vicious, intentional, chemical assaults by upwind neighbours. The chemical assaults against Julie have even been described in the local newspaper, The Minden Times. Julie subsequently required numerous medical interventions to save her life. Eventually the doctor on staff in the local hospital began emotionally abusing her as though she were to blame for her own poisoning. Rather than risk further abuse at the hands of this doctor and is now apparently not welcome in her local hospital. She now has to travel to a distant hospital for medical attention. Barrel burning is one of the most insidious and preventable environmental abuses in Canada. It is not a small problem. Irresponsible barrel burning in rural Canada is the single largest source of airborne dioxin, considered to be one of the deadliest poisons known to man and unequivocally carcinogenic. The Minden Times (Jenn Watt) article describing Julie's struggle says that of those who burn toxic materials in backyard oil drums; "According to the Environics study, 27 per cent of those who burn say nothing could persuade them to stop." Fingerprint: Each chemical reaction where dioxins are formed or any incineration of synthetic or natural (always) chlorine containing materials gives its typical mixture of the different dioxins, called congeners. In that way it is more or less possible to trace the origin of a dioxin contamination to its source. Julie has variously attempted to obtain help from all of the local authorities including the Police, Fire Department, Medical Authorities, City Council (the Corporation of the Township of Minden Hills, in the County of Haliburton), the Ministry of the Environment, the Media and other concerned citizens to no avail. The David Suzuki Foundation tried to intervene at the federal level but to no avail. Nothing worked despite very clear and compelling legal obligations that bind the local authorities and the Crown. A couple of excerpts from her subsequent e-mails to me: 419 "7 had an awful time with the drug dealers at the end of the road. They finally shut themselves down by one calling the police on the other. (Name withheld) continued to be extremely aggressive towards me. Bottom line - the druggies and (barrel) burners have gotten together - they told people up and down the road that Julie was giving them problems and they had better help them straighten me out. When 1 talked to the police again they said that they wanted a cool down period for 'the road' so told me to sit tight. That was when 1 asked the Staff Sergeant (Name withheld) if they (the police) would come if the barrel burners burnt again. He said no." "The methyl metals found in our blood, lymph, skin and liver, were chromium, magnesium, cobalt, silver, mercury, iron, aluminum, scandium, manganese and lead. Methyl metals are poisonous, liquid, metallic elements, made synthetically into solvents which DENATURES ethyl alcohol. They are volatile, combustible, FRAGRANT esters used in the production of hard alloys and electro- plating etc." (The "our" referred to one of the alleged perpetrator's three grandchildren who were also tested. He apparently is poisoning his own grandchildren!) Over the course of the last two weeks, I have received more communications from Julie outlining in more detail the various assaults, her attempts to seek an end to them and the total lack of cooperation she has had from all of the local authorities — up until my e-mail on November 27 2007, that was sent to every federal MP including the Prime Minister, all Ontario provincial MPP's including the Premier, all regional Mayors and Councillors in regions and municipalities in the GTA including Haliburton and the Kwarthas. A copy also went to the RCMP and the OPP (as usual, the OPP's copy came back as undeliverable so it was resent by snail mail. Julie Inwood is an innocent woman with severe life threatening injuries and who has had her quality of life permanently ruined by malicious acts and by a total breakdown of our social services net. The full horrific story of what has happened to Julie needs to come out in a scent -free court of law. Possibly my response to her plea may cause that to take placeDecember 10, 2007 E -mail attachment and response to: Julie Inwood, 1124 Joplin Rd. Kinmount, Ontario Hi Julie, I have read through of your material. I am profoundly offended by what has happened to you as result of what apparently is an overt attempt to harm or even kill you. Your letter history indicates that you have pretty much tried every traditional avenue of salvation open to you. What I am going to say is with the understanding that you are a smoker and have smoked for years. However, in my estimation based on your illuminating test results, I agree smoking has little and likely no bearing on the damage you have suffered. Certainly, smoking has no bearing on the legal aspects of what has become a seven year horror story. I'm not a scientist or a lawyer but I have done extensive research into toxic emissions, their impact on living tissue and how the Criminal Code of Canada links the perpetrator(s), emissions and victim(s). 420 From your letters it appears that your neighbours have organized and executed a plan of aggression that is working and I believe again from descriptions of health impacts described, your death is indeed immanent if action is not taken against the perpetrator(s) immediately by local authorities. In legal terms, according to the Criminal Code, what is being done to you and has been done over a period of years is that you are being involuntarily forced to inhale, ingest and absorb lethal transdermal chemicals (Administering a Noxious Substance, Section 245). Your repeated unwilling exposure to those chemicals mean you are the victim of an intentional and planned series of chemical assaults with intent to harm you (Unlawfully Causing Bodily Harm, Section 229) that has the very likely outcome of causing your premature death (Acceleration of Death, Section 226) or murder (Homicide, Section 231). I wouldn't be so presumptuous as to state the charges with which the perpetrators of the assault against you could be dealt with except that the police themselves don't seem to understand how the law applies. There is protection for you in the Criminal Code of Canada should the police choose to act. The offences I've named are not the only charges that could be laid in this case so for the police to have failed to act is cause for concern, not just for you but for all Ontarians since it's the Ontario Provincial Police who have dropped the ball on this. The manner in which these acts have been facilitated is called the wind tunnelling - normally a technique used by vehicle and aircraft designers to streamline their products to increase gas mileage. It's a technique that uses wind as a tool to accomplish an objective or goal. In your case, the perpetrator(s) have taken advantage of prevailing wind and local landscape features that act as a natural wind tunnel with your property as the target. The technique has also been used in modern warfare in World War I and in more recent times by Sadam Hussein to exterminate the Kurds. But when wind is used in this manner to injure or kill people, it's not being used as a tool, it's being used as a weapon. Julie, you are far from alone. This technique is also being employed by the Province here in the eastern GTA on a much larger scale that will escalate to chemically injure hundreds of thousands of people and kill thousands annually once all the new planned emissions sources are in place. The injury and death toll will be superseded in Canada only by the two World Wars of the twentieth century. Doing the research on that deadly project is why I became involved in the study of the Criminal Code and its application to environmental crimes. It turns out; the Criminal Code is the only legislation that can be used to protect innocent people from their own government and being intentionally being murdered with air poisoned by upwind activities. Our environmental legislation and Human Rights Code offer no protection because the police who are supposed to enforce the legislation think the Department of Natural Resources; the Ministry of the Environment and the Cookie monster are on the job. Sadly, no one is and the buck passing you experienced is typical. The new sources of emissions that will introduce another hundred million tons of poisons to the eastern GTA will be of a weaker strength than what you have experienced but overtime due to the cumulative nature, the end results will be the same. The Province hopes no one will notice that what's happening is not "diseases" becoming more common, it's genocide. Your situation is a "fast" and definitive example of what the Ontario government is enabling to happen here to the eastern GTA and that the federal government is planning to do to our communities with the proposed Pickering Airport and their attendant aviation emissions. The chemicals emitted by the products you described kill by cumulative damage in relatively low concentrations. The dose amount can vary widely and still be lethal because the poisons involved kill by accumulating in your tissues and dissolving tissues and disrupting life dependent processes. Even in far lower doses than you were exposed to, the effects can be lethal and the degree of lethality is determined by the intake amount over time, concentration in which tissues, repetitive injuries and the age and health of the victim. As you rightly stated, children have zero defence against these chemicals due to the fact that some of the physiological parts of their immune systems don't even exist until after the age of two years. 421 Your condition is in no way shape or form a disease. It is a series of cumulative injuries inflicted apparently by intentional repeated, chemical assaults on your person by person(s) known to you. The responsibility of the police in this matter is clear. Since this is allegedly and appears to be a physical premeditated assault with the likely outcome being your death, the police have a sworn duty to protect you. Public safety is paramount in any dispute. By failing to act on your behalf they have put themselves in a position of negligence - (Criminal Negligence, Section 219). In effect, by failing to act according to their sworn duty, I believe they have put themselves in the position of having aided and abetted your neighbour(s) in the alleged assaults. In short, they are just as liable as the original perpetrator(s) is or are. (Duties Tending to Preservation of Life, Section 217 and Breach of Duty, Section 80) That the police would contravene the Criminal Code in such and overt and essentially lazy manner leads to serious questions about their training, ethics and conduct. As if this weren't enough, your City Council has also apparently failed to protect you. That is also covered under the Criminal Code (Requirements for Certain Acts, Section 25.9). Earlier under Section 25 there are described protections for government officials to prevent them from being prosecuted for merely fulfilling the function of their jobs. But those protections don't extend to overtly failing to protect a known victim of assault where future virtually certain and predictable offences will obviously result in the death of that victim (Death that might have been prevented, Section 224). Your City Council had what is known as Duty of Care to ensure your safety. That Duty was and is well within their jurisdiction and ability to perform. Again public safety is paramount and your safety was set aside in what can only be described as a most callous manner if the local newspaper account is to be credited. I believe those who were in a position to know and act are culpable under the Criminal Code. How the police could be so remiss in such a flagrant case of intent to commit harm on another person and a little old lady at that is baffling and extremely disturbing. The backyard trash burning of only one household equals or surpasses the pollution of a full scale Municipal Waste Combustor (MWC), burning the waste of 37,000 non - recycling or 121,000 recycling households... ...backyard burning should be forbidden (as is already the case in Flanders /Belgium). (This information has been known since at least 1997.) http: // home. scarlet. be / chlorophiles /Eng /ChlorineDiSrc.html #Bar In blunt terms, you have been forced to inhale the poisonous equivalent of the emissions from many thousands of homes over a seven year period. That you are still alive is truly amazing. In your case, this offence has been more than an air pollution assault, this has been a chemical rape of your soul and your body to the point where there is no cell in you that is untouched or uninjured. This is a heinous crime that turns my stomach. No one wants to see people go to jail but in this case, the staggering amount of damage that has been done to your person and your ability to enjoy your life more than warrants harsh treatment for the perpetrators and for those in our social safety net who set aside their legal obligations and did nothing — thereby allowing and by implication - condoning the abuse. There has to be harsh accountability. We have to ask ourselves — are those people who failed you barrel burners too? There seems to be much more to this situation than just barrel burning. My research shows this is a systemic cultural problem that can only have a hideous outcome in the long term if not stopped in its tracks. The conduct of the police, your elected officials and the local medical authorities is crying out to be investigated. The public needs to be made aware of the results. 422 As usual, the Ministry of the Environment (MOE) demonstrated inept conduct and abilities in this matter. Its failure is not the failure of an individual; it's a ministry failure of will, process, resources and funding — a complete collapse in other words. This was really a very simple problem to solve. The reason for MOE' s existence is to protect the public from environmental harm. The dangerous state of the air we breathe shows they are not protecting the public at large and here — with only one person to protect from a few idiots, they couldn't do that either. What can MOE, federal or provincial, do properly? Air quality and wind currents are not held in high enough esteem. The penalties for offences and the ability to enforce the offences are worse than a joke. The legislation that deals with barrel burning needs to be completely re- written. The punishment must fit the enormity of the crime. Barrel burning is a crime not just against people. It is a crime against the planet. Barrel burning and garbage dumping are a crimes that are easily prevented with the imposition of a large cash reward for reporting (paid for by the apprehended offender *), a mandatory 6 month jail sentence followed by 100 hours of mandatory, publicly recorded community service for each and every offender apprehended. My advice to you would be to seek shelter until the authorities have taken the perpetrator(s) into custody or can guarantee your personal safety as in this case they certainly should. I don't think asking the City to provide round the clock on site security for you would be out of line either. If they don't and something happens to you they are liable. Another thing that needs to be done is the forensic investigation into your anticipated death — a " living autopsy ". There is no reason why the police need to wait for you to die when they can ask you the relevant questions and do all the tissue sampling necessary to achieve convictions while you are alive. Nearly everything that an autopsy could accomplish in terms of sampling can be accomplished while you are living and again, able to answer questions. This is far from normal but not at all unreasonable under the circumstances. Please keep me informed as things develop. Yours truly, John Newell, Pickering, Ontario * The imposed penalty for unauthorized burning and garbage dumping would need to be high enough to make reporting the offence worth the effort of a normal citizen and high enough to recover the costs involved with forensic linking of the emissions or garbage to the offender by chemical analysis, finger printing or other investigative means. The convicted offender should bear the entire costs of the reward and all costs involved with apprehension and conviction in addition to jail time and community service. These costs should not be tax deductible for the offender. As well, when there is injury to persons or property, public or private, the offender should be liable for the cost of reparations with applicable interest. That threat and one conviction would end barrel burning. 423 Dear readers, This is the mind that the barrel burners are poisoning and the local authorities have abandoned: Wow: got our first snow. Huge puffy flakes floating softly clown; smaller ones in a bit more of a hurry; little ice pellets speeding past the others and a few drops of cold rain all decided to grace our presence, all at the same time. The result was a huge white mattress of soft, squeaky -to- walk -on, twinkling covers, over the contours of the earth; giant fluffy pillows decorated the trees and tiny f aeiry pools accented all the remaining flora and fauna. To top it all off, Grandmother Moon shone silver clear, illuminating all below as if it were clay, making shadows, long and dark ripple everywhere. Sleep when the wind Mows Julie My point? Julie e- mailed me this as a belated birthday present today (November 24, 2007) when she found out hers and mine are near each other in terms of months and years. Can you imagine letting a bunch of dope - dealers and barrel burning thugs kill this? She doesn't know this letter is included in this "package" but I think it's important to give readers a sense of the inner beauty of the person who has been needlessly stonewalled into an unending chemical atrocity. John Newell 424 SECTION I - ITEMS FOR AUTHORITY ACTION RES. #A277/07 - Moved by: Seconded by: PALGRAVE FOREST AND WILDLIFE AREA TRAIL PLAN Recommends approval of the Palgrave Forest and Wildlife Area Trail Plan. Ron Moeser Suzan Hall THAT the Palgrave Forest and Wildlife Area Trail Plan, dated November, 2007, be approved; THAT notification of plan completion and Authority endorsement of the plan be sent to the Regional Municipality of Peel, Town of Caledon and the Palgrave Forest and Wildlife Area Trail Plan Advisory Committee Members; THAT the Palgrave Forest and Wildlife Area Trail Plan Advisory Committee Members be thanked for their contributions to the development of the plan; AND FURTHER THAT staff be authorized and directed to proceed with implementation of the Palgrave Forest and Wildlife Area Trail Plan. CARRIED BACKGROUND The Palgrave Forest and Wildlife Area (PFWA) is a 306 hectare Toronto and Region Conservation Authority (TRCA) property located south of Finnerty Sideroad, north of Patterson Sideroad, west of Highway 50 and east of Humber Station Road in the Town of Caledon. The PFWA is in the Main - Upper Branch subwatershed of the Humber River. The property supports a diversity of primarily forest vegetation communities, and flora and fauna species of regional concern. These are associated with the high - quality forests and forested wetlands found at the site. The PFWA is a passive -use non -gated resource management tract designed for year round, public use. There is no charge for using this area which includes a mix of open space, multi -use trails and passive recreational uses. There is an active forest management program at the PFWA. These factors and its location on the Oak Ridges Moraine and beyond urban development contribute to its good terrestrial natural heritage scores. The land occupied by the PFWA is subject to several provincial plans and policies, including the Oak Ridges Moraine Conservation Plan and the Greenbelt Plan. The PFWA also includes small areas designated as an Environmentally Significant Area (provincial designation) and a Regionally Significant Area (Region of Peel designation). In addition, the entire PFWA property is an Area of Natural or Scientific Interest. At Authority Meeting #5/06, held on June 23, 2006, Resolution #A134/06 was approved as follows: 425 THAT the Palgrave Forest and Wildlife Area Trail Plan Advisory Committee, which would include members of the Humber Watershed Alliance, interested community groups, community residents, agency staff, municipal staff and area councillors, be established to assist with the development of the Palgrave Forest and Wildlife Area Trail Plan and to facilitate the opportunity for public input; AND FURTHER THAT staff report to the board on the completed trail plan at the earliest opportunity. The Palgrave Forest and Wildlife Area Trail Plan was developed to determine the site's environmental attributes and potential for trails. This review was then used to establish a trail plan for the development and management of trails at the Palgrave Forest and Wildlife Area (PFWA). The trail planning process occurred in several phases which consisted of, among other actions, conducting site inventories and assessments, holding public information and consultation sessions, holding advisory committee meetings and developing a trail plan and associated trail management recommendations. The trail plan itself includes goals, objectives and management principles, a site description, local and inter - regional trails in the area, details of the proposed trail system, trail management recommendations, implementation strategies and cost estimates. At the beginning of the trail plan process, Toronto and Region Conservation Authority (TRCA) established an advisory committee consisting of representatives from the community and stakeholder groups. Members from the following groups participated: • Regional Municipality of Peel; • Town of Caledon; • Humber Watershed Alliance; • Caledon Environmental Advisory Committee; • Caledon Cycling Club; • Caledon Hills Bruce Trail Club; • Oak Ridges Trail Association; • Humber Valley Heritage Trail Association; • Local residents; and • TRCA staff. The advisory committee assisted TRCA staff in: finalizing the project terms of reference; establishing the vision, goals and objectives; determining trail routes and uses; and developing trail management recommendations. The committee also provided technical input and assisted with the public consultation program regarding the trail plan. The public consultation program included: • three public meetings to present background information, concept and preferred plans and trail management recommendations; • information sessions, newsletters, questionnaires and mailings to the community to describe the project and invite public input; and • meetings with interested organizations and groups in the community. 426 Plan Goals and Objectives The goal of the trail plan is to develop and manage a network of trails at the PFWA within an ecosystem framework and, in consultation with the community, ensure watershed health, public enjoyment and environmental sustainability. Trail plan objectives include: • connect the PFWA trails to local and inter - regional trail systems; • promote limited and passive public uses throughout the year that have minimal negative environmental impacts; • protect the environment by implementing sensitive trail design solutions and removing trails from environmentally sensitive areas; • design trails that respect aesthetic considerations; • reduce social impacts (e.g. privacy, security, etc.) on neighbouring properties; • involve local community members as trail stewards to help care for and maintain the trail system; and • develop a comprehensive and integrated approach to interpreting the area's natural values, ecological processes and cultural heritage. Plan Description The PFWA Trail Plan offers guidelines for the development of an integrated trail system through the property. It includes local loop trails within the PFWA as well as connections to inter - regional trails in the Town of Caledon. The trail systems outlined in the plan are designed to address the different levels and abilities of users and thus offers a variety of trail lengths, difficulty levels and types through all seasons. The information in the trail plan is intended to guide the development and management of trails, access points, signage and related facilities in order to achieve the trail plan goals and objectives. The proposed trail system for the PFWA includes a number of trail loops and connecting trails that will allow trail users to experience many different areas of the property and to connect to other trail systems. Approximately 17.6 kilometres of inter - regional and local trails will be available for use at the PFWA. Permitted uses will include cross - country skiing, hiking, cycling and horseback riding. Inter - regional trails such as the Bruce Trail (Palgrave Side Trail), Great Pine Ridge Trail and Oak Ridges Trail will complement the local trail system at the PFWA. In addition, 21 kilometres of unauthorized and /or inappropriate trail will be decommissioned as part of the trail plan implementation. Copies of the trail plan will be available upon request. Copies of the proposed trail plan and trail designation maps are attached. Implementation Implementation of the plan will be undertaken in three phases over a period of three years, commencing in 2008 and wrapping up in 2010. TRCA's capital development costs associated with the implementation of the trail plan have been estimated at $200,000. In addition, approximately $100,000 will be required each year to inspect the trails for hazardous trees, monitor use, maintain trails infrastructure and administer the Trail Stewards Committee. 427 TRCA will partner with the Caledon Hills Bruce Trail Club, Oak Ridges Trail Association, Caledon Cycling Club and the PFWA Trail Stewards Committee to implement the plan and maintain the trails at the PFWA. In addition, TRCA and the PFWA Trail Stewards Committee will rely on these partners to cooperate on funding applications to private organizations, municipal governments, and provincial and federal ministries. RATIONALE A trail plan for the PFWA is needed for the following reasons: • to address the growing community pressure for both pedestrian and cycling trails; • to create a hub for inter - regional trails, such as the Oak Ridges Trail, Bruce Trail and Great Pine Ridge Trail; • to address future public use demands and enhanced environmental protection given that the projected population growth in the Town of Caledon and the Regional Municipality of Peel will likely make the PFWA an even more popular environmental, outdoor recreation and tourism centre; • to respond to the changes in the availability of public funds, evolving concepts in conservation, sustainability and advances in ecosystem -based management; and • to move TRCA towards one of the goals for The Living City of healthy communities based on ecosystem health. TRCA staff has led the development of the trail plan with the advisory committee providing input and direction into the goals, objectives, trail routes and designations and trail management recommendations. The advisory committee fully supports the trail plan, and in particular the recommendation for the creation of the PFWA Trail Stewards Committee to be involved in the implementation of the plan. The proposed trail plan recommendations have been integrated with Legacy: A Strategy for a Healthy Humber (1997) and are consistent with TRCA's Valley and Stream Corridor Management Program, the Strategy for Public Use of Conservation Authority Lands, the Terrestrial Natural Heritage System Strategy, as well as The Living City vision. In addition, the trail plan will help to address property management and public safety issues, support the Oak Ridges Moraine Conservation Plan, establish appropriate environmental protection and regeneration techniques and create a sense of stewardship among users and adjacent land owners. The trail plan complements the existing forest management program at the PFWA and offers guidelines for the development of an integrated trail system on the property. The plan includes local loop trails within the PFWA as well as connections to inter - regional trails in the Town of Caledon. The trail systems outlined in the plan are designed to address the different levels and abilities of users and thus offer a variety of trail lengths, difficulty levels and types through all seasons. The information in the trail plan is intended to guide the development and management of trails, access points, signage and related facilities in order to achieve the trail plan goals and objectives. 428 The PFWA Trail Plan will guide trails at the PFWA for the next 25 years, with regular reviews and updates every seven to ten years or as deemed necessary by property managers, TRCA staff, the PFWA Trail Stewards Committee and partners. Through diligent implementation of this plan, the PFWA will be further enhanced as a valuable environmental, recreational and educational resource for residents of the Greater Toronto Area. DETAILS OF WORK TO BE DONE • TRCA staff to publish the trail plan. Copies of the trail plan, along with a thank you letter, will be distributed to members of the advisory committee. • TRCA will establish the PFWA Trail Stewards Committee to assist with the implementation of the trail plan, future planning and specific actions to achieve the objectives of the plan. • TRCA and the PFWA Trail Stewards Committee will utilize the trail plan to assist with private land stewardship and to respond to land use planning documents. • TRCA will send copies of the trail plan to the Regional Municipality of Peel and the Town of Caledon for information and request the document be used in land use planning and other watershed management decisions. • TRCA staff will work with the PFWA Trail Stewards Committee to raise funds for implementation. • TRCA staff will develop a capital budget implementation project commencing in 2008. FINANCIAL DETAILS TRCA's capital development costs associated with the implementation of the trail plan have been estimated at $200,000. In addition, approximately $100,000 will be required each year to inspect the trails for hazards trees, monitor use, maintain trails infrastructure and administer the Trail Stewards Committee. Budgets will be prepared and submitted for trail plan implementation works and maintenance costs starting in 2008. Report prepared by: Deanna Cheriton, extension 5204 Email: dcheriton @trca.on.ca For Information contact: Deanna Cheriton, extension 5204, Mike Bender, extension 5287 Emails: dcheriton @trca.on.ca, mbender @trca.on.ca Date: November 20, 2007 Attachments: 2 429 Attachment 1 430 Attachment 2 ion rar Th• tfrYl►f Ciw PALGRAVE FOREST AND WILDLIFE AREA TRAIL DESIGNATION AND CONTEXT MAP Legend = Pork, Lot Farted him%Ft Why tigf TYid Palgraup Trail _JTRCAProperty accession etuteToil Trans Cana. Trail • Prinvy Trliil H }aq IN,lgnd .eat Rne Ridge Trai ■■Pplgts. Mills Troll D $grunda.iT.... II, dour ....Oak Ridge, Trail iiii Albion Hills Trails ,;- ,Gouts,. CM. on Chase Trad .. • Future Trail Conned ens 5 6'A d 5 a *s PALGRAVE FOREST AND WILDLIFE AREA 431 RES. #A278/07 - Moved by: Seconded by: URBAN FORESTRY UPDATE Status report on current pests that threaten Southern Ontario forest resources. Bonnie Littley Laurie Bruce THAT staff continue to work cooperatively with all levels of government to monitor trends and conditions of current forest insect and invasive pest populations and to formulate and implement appropriate strategies and methodologies directed at the control and eradication of these pests; AND FURTHER THAT staff report back annually on any significant changes in the status of forest pests in Ontario. CARRIED BACKGROUND Staff has previously reported on the status of urban forests pests at Watershed Management Advisory Board at meeting #7/04, held on December 10, 2004, meeting #6/05, held on February 10, 2006 and meeting #5/06 held on December 8, 2006. At Authority Meeting #10/06, held on January 5, 2007, Resolution #A294/06 was approved, in part, as follows: ...AND FURTHER THAT staff report back annually on any significant changes in the status of forest pests in Ontario. This report is provided as an update on the status of forest pests and their impacts for the 2007 period. The forest ecosystems of Ontario are constantly under threat of attack from a large assortment of both native and non - native pests and diseases. The Ontario Ministry of Natural Resources (MNR) and the Canadian Forest Service (CFS), with the help of many local agencies, continue to monitor the status and levels of potentially harmful forest pests in Ontario. With the advent of the new global economy, forest products and by- products move over the planet like never before. While this may be a benefit in many ways, it has given several forest pests and diseases a vector to travel to new ecosystems where there are no immediate deterrents to their rapid establishment. Without the presence of natural control measures, these populations often expand at a very rapid rate, with immense destructive potential. Ontario forests are also under stress from weather patterns that have not been experienced in the past. Greater temperature fluctuations, more and larger storm events, lower rainfall and warmer winters are all contributing to problems in the forest industry. These global weather changes alone can create environments favourable to new pests, which local forests may have never encountered. At the 31st annual Forest Health Review, held in Orillia on October 25, 2007, CFS /MNR staff reported on current forest pest levels in Ontario and some of the forest disturbances expected to continue, such as: • Asian Long- horned Beetle (ALHB); 432 • Emerald Ash Borer (EAB), • Gypsy Moth (GM); • Sirex Woodwasp (SWW); • Butternut Canker; • Winter Browning; • Spruce Budworm; • Forest Tent Caterpillar; • Cedar Leafminer; • Droughts; • Blowdown; • Hail Damage. A description of the measures being taken to combat the above listed threats is provided below: Asian Long- horned Beetle (ALHB) The ALHB was first discovered on September 4, 2003 in the City of Vaughan by a local citizen who found an insect they did not recognize on their car. Since that time, the Canadian Food Inspection Agency (CFIA) has maintained an insect population monitoring and eradication program with the help and support of many other partner agencies including the City of Toronto, City of Vaughan, York Region, MNR, CFS and Toronto and Region Conservation Authority (TRCA). In 2007 the eradication protocol was implemented to remove host trees from a location in the vicinity of Weston Road and Finch Avenue. Since the program commenced, a total of 28,300 trees have been removed in an effort to eradicate this destructive pest. Ongoing detection and delimitation survey has identified two additional infestation areas within the federally regulated quarantine zone in the Jane Street and Sheppard Avenue, and Finch Avenue and Jane Street neighbourhoods. Host tree removals in these two infestation areas have been implemented. At the same time, CFIA has been administering a federally funded compensation program to provide for the replanting of trees on properties where removals were made. As of June 2007, approximately $818,000 in compensation had been paid out to 449 qualified claimants. Compensation funding, presently available until December 31, 2009, allows for a fixed amount per tree removed to allow landowners to replace lost host species with non -host tree(s). CFIA staff report that claimants are typically replanting more trees than the number removed from properties. CFIA program officials and scientific researchers with CFS continue to be confident that this pest infestation can be controlled and ultimately eradicated. 433 Emerald Ash Borer (EAB) EAB was first discovered in Michigan in 2002. Shortly thereafter, the insect was found in the Windsor area of Ontario. In the years since the initial infestation, areas of Essex County and the City of Windsor have been devastated. The Emerald Ash Borer attacks all Ash trees of all size, age and condition. Through successive and repeated attacks, it kills all of the trees which it infests. In areas near Essex County, it is estimated that Ash comprises 25 -50% of forest cover. The complete loss of this large portion of the tree population further compounds problems by creating large forest openings that are perfect for the invasion of non - native invasive ground cover. The EAB will also have a significant impact in urban areas where Ash species potentially make up a large number of landscape and streetscape canopy trees. The original attempt to stop the spread included an Ash free 'Fire Break' extending from Lake St. Clair to Lake Erie. Unfortunately, pockets of the infestation were later found well beyond the fire break, which likely pre -dated this effort. Since that time, more infestations have been found in the City of London area and EAB is now confirmed in Essex, Elgin, Lambton, Middlesex and Norfolk counties and the Municipality of Chatham -Kent. Quarantine zones of a 5 km radius have been set around each of these sites in accordance with the Ministerial Orders. The quarantines place a restriction on the movement of all firewood and ash tree materials (including trees, nursery stock, logs, lumber, wood packaging, wood or bark, woodchips or bark chips of Ash (Fraxinus) species) in an effort to stop the movement of potentially infested materials that may harbour the insect. Currently, tree removal is not considered an effective tool for the control of the EAB. As a result, quarantine efforts are only trying to slow the spread of EAB to non - affected areas until biological controls can be found. Chemical injections show some promise, but are quite expensive, relatively short lived and not practical beyond protecting a few specimen trees. On December 4, 2007, CFIA issued a press release confirming an infestation has been documented in Toronto in the vicinity of Sheppard Avenue and Highway 404. CFIA is currently surveying to determine the extent of this infestation. Fortunately, the winter months are the period that the insect is in dormancy so it will not spread naturally. Once the surveys delimit the extent of this infestation, a 5 km radius quarantine zone will be implemented and enforced. This information has been uploaded to the CFIA website (www.inspection.gc.ca) along with a hotline contact phoneline (1- 866 - 463 -6017) for property owners to report suspected infestations or infractions of quarantine regulations. TRCA forestry staff will be implementing an expanded program of hardwood stand inventories this winter to further quantify the damage potential that EAB populations may pose to TRCA forested properties. This information will assist staff in priority setting and decision - making with respect to ongoing resource management operations. Gypsy Moth (GM) Gypsy moth (GM) is an intentionally introduced pest which escaped from an individual in Massachusetts over 130 years ago. It has become well established over most of North America, with significant damage happening when local populations reach epidemic levels. This occurred in the Parry Sound and Muskoka districts in 2003, with population collapses the following year. 434 In 2005, GM levels began to increase dramatically in Mississauga, Guelph and Caledonia. In 2006, there was a tenfold increase in population levels primarily in Burlington, Oakville and areas of Norfolk County. These high population levels often result in complete defoliation of preferred species, which include Maple, Oak, Poplar and Willow. Pine and Spruce may also be attacked if levels are very high and not enough hardwoods are present. Oak and conifers are the most susceptible and may be killed with one complete defoliation. Maples can usually withstand one or two attacks and will recover. The City of Mississauga has pursued a very intensive spray program with widespread support from local residents in both 2006 and 2007. The tree damage has been kept to partial defoliation with little mortality and is considered to be a success. In 2007 the populations in the remaining areas tripled in size. Current areas of concern within TRCA's jurisdiction are located near the Don Valley Parkway and an area in Vaughan near Bakers Woods. The City of Toronto carried out a spray program in 2007, but final results are not yet known. TRCA staff continue to monitor TRCA forest resources for egg masses and other indicators of population levels which would require intervention. Sirex Woodwasp (SWW) Sirex noctilio is another introduced pest currently establishing itself in Southern Ontario. It was first discovered in Oswego, New York in 2005, but could possibly have already been in Ontario. It has been trapped in many locations here, including one near the Boyd Office in Vaughan. While traditionally a secondary pest, meaning that it will only attack declining or dying trees, this has yet to be confirmed here. Although SWW was initially thought to be a threat to Scots Pine, it has been confirmed in Red Pine in the Caledon area. It is currently believed that all 2 and 3- needled Pines could be targets and that suppressed White Pine could also be susceptible. The trees which area attacked are killed by a combination of the toxic mucous, feeding of the larvae and a white rot fungus. The mortality levels can reach 66% in unmanaged stands. At the present time, the best defence is active forest management to control overcrowding and maintain healthy, strong and fast growing trees. Butternut Canker Two years ago Butternut (Juglans cinerea) was added to the list of endangered species in Ontario. The population continues to be ravaged by the Butternut Canker. This extremely aggressive canker attacks trees of all sizes and age classes. It appears that healthy vigorous trees growing on the best sites seem to be the most resistant. TRCA is continuing to map and locate Butternut trees across our watershed in hopes of finding resistant individuals. Staff continue to use a small proportion of Butternut in planting projects where appropriate and manage existing forest stands for their benefit. 435 Winter Browning Winter Browning is a term used to describe a condition that has started affecting conifer species over the past several years. Earlier and higher spring temperatures, combined with frozen ground, create a condition where conifer trees begin to respire, but are unable to draw moisture from the frozen ground. This results in widespread desiccation and often very high levels of mortality. While only a large scale problem in Northern Ontario, it is of concern on many planting sites as it mainly affects young plantations associated with areas of heavy textured and compacted soils. Other Concerns Spruce Budworm, Jack Pine Budworm, Forest Tent Caterpillar and others are concerns in Northern Ontario but not significant in the South partially as a result of our fragmented forest landscape. Drought has become a more major concern over most of the province, with 2007 having been a very dry summer. This has had some detrimental effect on planting projects, although success levels have remained over 80% on sites surveyed. Drought has been most problematic in areas of thin or very porous soils. Red Pine decline is continuing to be a concern, especially in plantations of decreased vigour and specific abiotic conditions. It appears that if certain root rot fungi are present on the site and specific limiting soil conditions are present, the best management may be to remove the Red Pine as early as is economically possible to allow for more rapid natural succession. TRCA continues to manage its plantations in a manner that will speed the natural succession to a more natural all aged mixed forest where these and other pest problems would have a much less pronounced effect. Dog Strangling Vine and Garlic Mustard are the two most aggressive invasive ground covers with which TRCA is now dealing. Both species populate the ground layer of forest stands to such a high degree that no other cover can become established. Many agencies are working to find solutions to these two problems and TRCA is continuing to map and treat these infestations where possible. Staff continue to modify planting prescriptions and management operations to increase biodiversity and decrease the damaging potential of all of these forest pests. TRCA's continued commitment to the implementation of good forestry practices will help to achieve TRCA's broader watershed goals. Report prepared by: Tom Hildebrand, extension 5379 Email: thildebrand @trca.on.ca For Information contact: Tom Hildebrand, extension 5379 Email: thildebrand @trca.on.ca Date: November 12, 2007 436 RES. #A279/07 - Moved by: Seconded by: SOURCE PROTECTION PLANNING Extension of sole source contract to retain a consultant to provide professional services for the CTC Source Protection Region in the drinking water source protection planning process and increase in existing purchase order cap due to increase workload related to enactment of the Clean Water Act, 2006 and regulations. (Executive Res. #B 149/07) Paul Ainslie Gay Cowbourne THAT the contract with Thorpe & Associates be extended for a period of 3 years, commencing April 1, 2008, based on annual renewals to provide professional services for the source water protection planning process for the CTC Source Protection Region - Toronto and Region Source Protection Authority (TRSPA), Credit Valley Source Protection Authority (CVSPA) and Central Lake Ontario Source Protection Authority (CLOSPA); THAT the contract for the April, 2007 to March 31, 2008 period be amended to increase the cap on funding to Thorpe & Associates to $120,000 per annum plus 10% contingency to address work that must be done to meet deadlines as set out in provincial regulations; THAT funding to Thorpe & Associates be capped at $120,000 per annum plus an annual cost of living increase based on Statistics Canada, Consumer Price Index, Toronto Area, plus a 10% contingency for fiscal years April 2008 to March 2009, April 2009 to March 2010 and April 2010 to March 2011; THAT the contract be subject to termination by Toronto and Region Conservation Authority (TRCA) or Thorpe & Associates, for any reason, upon 30 days notice; THAT this contractual obligation be binding on TRCA acting as lead Source Protection Authority only to the extent that the province continues to provide funding; THAT the contract be reviewed annually by the CTC Management Committee and only continue based on satisfactory performance of the contractor; AND FURTHER THAT TRCA staff be authorized and directed to take such actions as necessary to implement the contract including the execution and signing of documents. CARRIED 437 RES. #A280 /07 - Moved by: Seconded by: REQUEST FOR DISPOSAL OF TORONTO AND REGION CONSERVATION AUTHORITY -OWNED LAND West side of Scarboro Crescent, south of Romana Drive, City of Toronto, CFN 36290. Toronto and Region Conservation Authority is in receipt of a request from Nancy Ferguson and Drasko Puselijic to explore the possibility of the sale of a fragment of TRCA -owned land located on the west side of Scarboro Crescent, south of Romana Drive (abutting the south boundary of 4 Scarboro Crescent, within Scarborough Bluffs Park), City of Toronto - Scarborough Community Council Area, Lake Ontario waterfront. (Executive Res. #B 150/07) Paul Ainslie Gay Cowbourne THAT the Toronto and Region Conservation Authority (TRCA) -owned land located on the west side of Scarboro Crescent, south of Romana Drive (abutting the south boundary of 4 Scarboro Crescent, within Scarborough Bluffs Park), City of Toronto - Scarborough Community Council Area, be retained for conservation and park purposes. CARRIED RES. #A281 /07 - Moved by: Seconded by: REVISED PROJECT FOR THE ETOBICOKE MOTEL STRIP WATERFRONT PARK (March, 1993) Red Carpet Inns Limited, CFN 23217. Settlement of compensation for rights expropriated for the Revised Project for the Etobicoke Motel Strip Waterfront Park (March, 1993). (Executive Res. #B 151 /07) Paul Ainslie Bonnie Littley THAT confidential item 8.3 - Revised Project for the Etobicoke Motel Strip Waterfront Park (March, 1993), be approved; AND FURTHER THAT staff report back when the item is completed and can be made public. CARRIED 438 RES. #A282/07 - Moved by: Seconded by: ENVIRONMENTAL ASSESSMENT FOR THE NATURALIZATION AND FLOOD PROTECTION OF THE LOWER DON RIVER Delivery Agreement and Gartner Lee Limited Contract Amendments. Authorization to proceed with amendments to the Toronto Waterfront Revitalization Corporation Delivery Agreement and Gartner Lee Limited contract for the Environmental Assessment for the Naturalization and Flood Protection of the Lower Don River. (Executive Res. #B 152/07) Paul Ainslie Bonnie Littley WHEREAS Toronto and Region Conservation Authority (TRCA) was identified as the recipient agency to undertake the naturalization and flood protection of the mouth of the Don River; WHEREAS in December, 2002, Toronto Waterfront Revitalization Corporation (TWRC) and TRCA signed a Delivery Agreement for the sum of $2 million dollars for the delivery of two Environmental Assessments: the Lower Don River West Remedial Flood Protection Project (LDRW Project) and the Don Mouth Naturalization and Port Lands Flood Protection Project (DMNP Project); WHEREAS in February, 2004, staff was authorized to retain a consulting team led by Gartner Lee Limited (GLL) to an upset limit of $1,194,896 for the Environmental Assessment for the Don Mouth Naturalization and Port Lands Flood Protection Project (EA for the DMNP Project); WHEREAS in June, 2004, the three levels of government authorized TWRC to increase the upset limit of the Delivery Agreement for the DMNP Project to $3 million in recognition of the added cost to undertake two separate environmental assessments, increased administration costs and additional design requirements; WHEREAS in 2006, TRCA and TWRC sought approval from the three levels of government to further increase the Delivery Agreement by $1,300,000 to $4,300,000 including an increase of $1,018,460 for TRCA and Gartner Lee expenses, in recognition of an expanded scope of work and study area, further added complexity related to new waterfront issues and an increased contingency to address uncertainty related to other possible issues; WHEREAS in February, 2007, TWRC postponed approval of the $1,300,000 until the resolution of TWRC's International Design Competition for the Lower Don Lands, due to a further anticipated increase in study area and scope of work; 439 WHEREAS in September, 2007, TWRC submitted to the levels of government a budget request to increase the Delivery Agreement by $3,259,538 (including the postponed budget request of $1,300,000) to $6,259,538 to address additional data collection needs and the further expansion of the study area, scope of work and level of assessment required to incorporate the results of the International Design Competition for the Lower Don Lands; WHEREAS in October, 2007, TWRC subsequently amended this request to the original $4,300,000 sum to expedite the level of governments' ability to flow resources within approved budgets with the understanding that a subsequent request would be made to enable completion of the work; WHEREAS in November, 2007, TWRC received approval from the levels of government to increase the existing Delivery Agreement (December, 2002) by $1,300,000 to $4,300,000; WHEREAS in 2008, TWRC and TRCA will be required to enter into a second Delivery Agreement with an anticipated upset limit of $1,959,538, subject to the execution of a new Contribution Agreement between TWRC and the levels of government, to meet the remainder of TRCA's budget request submitted in September, 2007; THEREFORE LET IT BE RESOLVED THAT TRCA enter into an amendment of the existing Delivery Agreement with TWRC for the DMNP Project increasing the upset limit to $4,300,000; THAT TRCA staff be authorized to amend the existing contract with the consultant team led by Gartner Lee Limited (GLL) to an upset limit of $1,699,548 plus an additional $50,449 to cover expenses incurred by the consultant team during TWCC's International Design Competition for the Lower Don Lands, subject to the execution of the amendment for the existing Delivery Agreement between TWRC and TRCA for the DMNP Project; THAT staff be authorized and directed to take all necessary actions to enter into a second Delivery Agreement with TWRC and such other legal agreements as may be necessary, to an upset limit of $1,959,538, subject to the execution of a second Contribution Agreement between TWRC and the levels of government, in order to complete the EA for the DMNP Project; AND FURTHER THAT staff be authorized and directed to take all necessary actions to implement the foregoing, including the signing and execution of any documents. CARRIED 440 RES. #A283/07 - Moved by: Seconded by: ENVIRONMENTAL ASSESSMENT FOR THE DON MOUTH NATURALIZATION AND PORT LANDS FLOOD PROTECTION PROJECT Contract to Undertake Subsurface Investigations on TEDCO -owned land in Port Lands. Retain a qualified firm to undertake a subsurface investigation on lands owned by Toronto Economic Development Corporation in the Port Lands in support of the Don Mouth Naturalization and Port Lands Flood Protection Project Environmental Assessment. (Executive Res. #B 153/07) Paul Ainslie Bonnie Littley WHEREAS Toronto and Region Conservation Authority (TRCA) has been identified by Toronto Waterfront Revitalization Corporation (TWRC) to undertake subsurface investigations throughout Toronto Economic Development Corporation (TEDCO) -owned lands throughout the Port Lands in support of the Environmental Assessment for the Don Mouth Naturalization and Port Lands Flood Protection Project (EA for the DMNP Project); WHEREAS TRCA has been authorized to retain Decommissioning Consulting Services Limited (DCS) to undertake technical oversight services on behalf of TRCA relating to the required subsurface investigations; WHEREAS DCS, as a component of their technical oversight services to TRCA, will prepare (with assistance from TEDCO) and release a Request for Quotations to three firms that have been pre- authorized by TWRC to undertake subsurface investigations in support of the EA for the DMNP Project; WHEREAS DCS will review the quotations submitted by the three eligible firms and make a recommendation to TRCA as to which firm should receive the award based on a combination of lowest bid and demonstrated understanding of the work; THEREFORE LET IT BE RESOLVED THAT TRCA be authorized to enter into a Delivery Agreement with TWRC to an upset limit of $300,000 (taxes and contingency included) to undertake the required subsurface investigations within the Port Lands in support of the EA for the DMNP Project; THAT TRCA be authorized to enter into a contract to undertake the subsurface investigations with whichever of the three, pre - qualified firms best meets the terms and conditions of the Request for Quotations at the lowest price, subject to the execution of a Delivery Agreement between TRCA and TWRC; AND FURTHER THAT TRCA staff be authorized and directed to take all necessary actions to implement the foregoing, including the signing of all Delivery Agreements, amendments or other legal documents deemed required in order to retain the successful firm, subject to approval of the award by TWRC. CARRIED 441 RES. #A284 /07 - Moved by: Seconded by: REGIONAL MUNICIPALITY OF DURHAM - ACCOUNTABILITY FRAMEWORK Resolution from the Regional Municipality of Durham requesting new reporting framework. (Business Excellence Res. #C59 /07) Bonnie Littley Bryan Bertie THAT item 9.1 - Regional Municipality of Durham - Accountability Framework, be deferred for further discussions with Durham Region. CARRIED RES. #A285 /07 - Moved by: Seconded by: AUDIT PLAN Initial auditor communication on audit planning for 2007. (Business Excellence Res. #C60 /07) Richard Whitehead Suzan Hall THAT the auditor's "Initial Communication on Audit Planning" report for 2007 be received; AND FURTHER THAT the auditor fees for the 2007 audit year be set at $31,000. CARRIED RES. #A286 /07 - Moved by: Seconded by: APPOINTMENT OF AUDITORS The Conservation Authorities Act requires every conservation authority to undergo an audit of its accounts and transactions each year. (Business Excellence Res. #C61 /07) Richard Whitehead Suzan Hall THAT Grant Thornton LLP be appointed auditors of Toronto and Region Conservation Authority (TRCA) for the year 2008, in accordance with section 38 of the Conservation Authorities Act. CARRIED 442 RES. #A287 /07 - Moved by: Seconded by: ADMINISTRATION FEES FOR PLANNING, PERMITTING AND ENVIRONMENTAL ASSESSMENT REVIEW Recommendations for adjustments to the existing 2006 fee schedule for Toronto and Region Conservation Authority planning services, permitting and Environmental Assessment review services. (Business Excellence Res. #C62 /07) Richard Whitehead Suzan Hall THAT the Fee Schedule for Planning Services, Permitting and Environmental Assessment Review services dated November 28, 2007, be approved, to be effective January 4, 2008; THAT staff inform all municipalities within Toronto and Region Conservation Authority's (TRCA) jurisdiction and the development industry of the updates to the TRCA fee schedule, to be effective January 4, 2008; THAT staff work with our municipalities to make all necessary procedural requirements for the upcoming Bill 51 requirements, and that fee adjustments be made at that time to accommodate changes in timing or rigour of review effort; AND FURTHER THAT staff continue to monitor fee implementation as well as the cost implications of the current level of service demands for planning, ecology, engineering, hydrogeology and enforcement. RES. #A288 /07 - Moved by: Seconded by: CARRIED CTC SOURCE WATER PROTECTION FUNDING AGREEMENTS Approval to enter into agreements with the Ministry of Environment and Credit Valley Conservation to provide stewardship, outreach, education and other services in support of the Clean Water Act, 2006. (Business Excellence Res. #C63 /07) Richard Whitehead Suzan Hall THAT staff be authorized and directed to enter into funding agreements with the Ministry of Environment and Credit Valley Conservation for the purposes of providing stewardship, outreach and education services in support of provincially- funded municipal drinking water source protection programs, including the execution and signing of documents; AND FURTHER THAT staff report at least annually on municipal drinking water source protection agreements entered into, including future agreements with Central Lake Ontario Conservation Authority, the value of each, and the status of work in terms of completion and terms and conditions being met. CARRIED 443 RES. #A289 /07 - Moved by: Seconded by: TORONTO AND REGION REMEDIAL ACTION PLAN FUNDING Administration and implementation of the Toronto and Region Remedial Action Plan led by Toronto and Region Conservation Authority on behalf of the Ontario Ministry of the Environment and Environment Canada. Agreements with both of these agencies have been and will be signed to provide the funds necessary to carry out these functions. (Business Excellence Res. #C64 /07) Richard Whitehead Suzan Hall THAT Toronto and Region Conservation Authority (TRCA) enter into agreements with the Ontario Ministry of the Environment (MOE) and Environment Canada (EC) to enable TRCA to continue functioning as the lead administrator of the Toronto and Region Remedial Action Plan (RAP); THAT TRCA continue to assist the provincial and federal governments to implement the Toronto and Region RAP for a period of three years ending March 31, 2010; AND FURTHER THAT TRCA continue to advocate for the provincial and federal governments to increase funding support to protect the Great Lakes. RES. #A290 /07 - Moved by: Seconded by: CARRIED EARTH RANGERS FOUNDATION LEASE AMENDMENT CFN 31514. Approval to amend the lease to reflect the new vision and use for the Earth Rangers Centre and to revise the site plan. (Business Excellence Res. #C65 /07) Richard Whitehead Suzan Hall THAT WHEREAS The Earth Rangers Foundation entered into a lease of certain lands within the Kortright Centre for Conservation, City of Vaughan, with Toronto and Region Conservation Authority (TRCA) for the construction and operation of a wildlife veterinary and rehabilitation centre; WHEREAS TRCA is in receipt of a request from The Earth Rangers Foundation to revise the site plan and update the purpose of the lease; THEREFORE LET IT BE RESOLVED THAT TRCA amend the Earth Rangers Foundation lease so that the purpose of the lease will include using the site to showcase sustainable technologies and practices; AND FURTHER THAT the site plan be revised to permit the construction and operation of an aviary and training centre. CARRIED 444 RES. #A291 /07 - Moved by: Seconded by: RECORDS MANAGEMENT Approval of Toronto and Region Conservation Authority's Records Management Policy and Procedures Guide, and the updated Records File Classification and Retention Schedule, dated October, 2007. (Business Excellence Res. #C66 /07) Richard Whitehead Suzan Hall THAT Toronto and Region Conservation Authority's (TRCA) Records Management Policy and Procedures Guide, dated October, 2007, be approved; THAT TRCA's Records File Classification and Retention Schedule, dated October, 2007, be approved to replace the previously approved schedule. SECTION II - ITEMS FOR AUTHORITY INFORMATION RES. #A292 /07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: Paul Ainslie Gay Cowbourne CARRIED THAT Ontario Regulation 166/06 items 8.6.1 - 8.6.67, inclusive, contained in Section II of Executive Committee Minutes #10/07, held on December 7, 2007, be received. CARRIED RES. #A293 /07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: Bonnie Littley Laurie Bruce THAT Section II items 8.7 - 8.11, inclusive, contained in Executive Committee Minutes #10/07, held on December 7, 2007, be received. CARRIEDSection II Items 8.7 - 8.11, Inclusive KLEINBURG NEW FOREST NORTH PROJECT (Executive Res. #B 158/07) ROUTINE INFRASTRUCTURE WORKS (Executive Res. #B 159/07) DAWSCO (CYRARO) DEVELOPMENT CORP. (Executive Res. #B 160/07) SPILLS RESPONSE DECISION SUPPORT SYSTEM (Executive Res. #B 161 /07) Section II Items 8.7 - 8.11, Inclusive - Cont'd 445 2008 FEE SCHEDULE (Executive Res. #B 162/07) SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD RES. #A294/07 - Moved by: Seconded by: SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD Richard Whitehead Suzan Hall THAT Section IV items 9.9 & 9.10, contained in Business Excellence Advisory Board Minutes #7/07, held on December 7, 2007, be received. Section IV Items 9.9 & 9.10 TERMINATION ON MOTION, the meeting terminated at 10:23 a.m., on Friday, January 4, 2008. CARRIED Gerri Lynn O'Connor Brian Denney Chair Secretary- Treasurer /ks 446 THE TORONTO AND REGION CONSERVATION AUTHORITY MEETING OF THE AUTHORITY #11/07 January 25, 2008 The Authority Meeting #11/07, was held in the South Theatre, Black Creek Pioneer Village, on Friday, January 25, 2008. The Chair Gerri Lynn O'Connor, called the meeting to order at 10:03 a.m.. PRESENT Maria Augimeri Vice Chair David Barrow Member Bryan Bertie Member Laurie Bruce Member Glenn De Baeremaeker Member Rob Ford Member Lois Griffin Member Suzan Hall Member Jack Heath Member Colleen Jordan Member Bonnie Littley Member Reenga Mathivanan Member Peter Milczyn Member Ron Moeser Member Gerri Lynn O'Connor Chair John Parker Member Anthony Perruzza Member Gino Rosati Member John Sprovieri Member Richard Whitehead Member ABSENT Eve Adams Member Paul Ainslie Member Gay Cowbourne Member Bill Fisch Member Grant Gibson Member Glenn Mason Member Linda Pabst Member Maja Prentice Member 447 RES. #A295 /07 - MINUTES Moved by: Seconded by: Maria Augimeri Ron Moeser THAT the Minutes of Meeting #10/07, held on January 4, 2008, be approved. PRESENTATIONS (a) CARRIED A presentation by Gary Wilkins, Humber Watershed Specialist, TRCA, in regard to the Humber Watershed Report Card. RES. #A296 /07 - PRESENTATIONS Moved by: Seconded by: Lois Griffin Laurie Bruce THAT Toronto and Region Conservation Authority (TRCA) staff be thanked and congratulated for the production of "Listen to Your River: A Report Card on the Health of the Humber Watershed, 2007 "; AND FURTHER THAT TRCA municipalities be encouraged to develop action plans for implementing the actions outlined in the report card. CORRESPONDENCE (a) CARRIED A letter dated January 22, 2008 from Madeleine McDowell, Chair, Humber Heritage Committee, in regard to the Toronto and Region Conservation Authority governance structure. RES. #A297 /07 - CORRESPONDENCE Moved by: Seconded by: Lois Griffin Colleen Jordan THAT above -noted correspondence (a) be received. CARRIED 448 CORRESPONDENCE (A) HUMBER HERITAGE COMMITTEE 163 HUMBERCREST BLVD. TORONTO ONTARIO M6S 4L5 Chair Gerri Lynn O'Connor and Members of the Board Toronto and Region Conservation Authority 5 Shorham Drive, Downsview, Ontario M3N 1 S4 Dear Chair O'Connor: nd January 22 2008 I attended the November 30 2007 meeting of the Authority, and was most distressed by the restructuring of the Authority's Committee system, which eliminated the Sustainable Communities Board and the Business Excellence Advisory Board. I was encouraged to hear Lois Griffin's comments on the change in structure, and then very disappointed in the decision. While understandable, it was, from my perspective most regrettable I do understand the time problem of the Elected Representatives who sit on the Authority Board and also on the Committees or Boards which report to the full Authority. These two Boards, under their various names over more than the past decade have provided a community voice and accessibility to the Authority. It has been through them that the Authority has changed its strong emphasis on flood control to true conservation of whole watersheds and natural heritage. The Public has always had the perception of the Authority as the first line of nature protection. They have had the opportunity to, through the previous committee structure, have by deputation and correspondence, a real and effective influence on Authority policy and direction, making the Members more cognizant of pubic perception and bringing the Authority's direction closer to the public's expectation. Decisions and recommendations of the Boards had a time frame which allowed a democratic input that will now be lost. Democracy and cognizant public participation is an unwieldy and seemingly inefficient process. It is invaluable! Our governments, and public bodies such as the TRCA, must not be distanced from the people, most certainly not in the name of efficiency. The Authority has gained substantial public respect and support which can so easily be lost if confidence in its responsiveness and accessibility is eroded. The environmental and green -space initiatives developed in recent years by TRCA's dedicated staff in consultation with the public was strongly facilitated by the previous Board organizational structure, generally providing community reinforcement rather than reactive attack. There is a desperate need for this impetus and support and it would be a pity to see it erode Thank you for your kind attention. Yours sincerely, ORIGINAL SIGNED BY Madeleine McDowell Chair, Humber Heritage Committee 449 SECTION I - ITEMS FOR AUTHORITY ACTION RES. #A298/07 - Moved by: Seconded by: ENVIRONMENTAL ASSESSMENT FOR THE DON MOUTH NATURALIZATION AND PORT LANDS FLOOD PROTECTION PROJECT Contract to Undertake Subsurface Investigations on Toronto Economic Development Corporation -owned land in the Port Lands. Authorization to retain a qualified firm to undertake a subsurface investigation on lands owned by Toronto Economic Development Corporation in the Port Lands in support of the Don Mouth Naturalization and Port Lands Flood Protection Project Environmental Assessment. Jack Heath Suzan Hall WHEREAS Toronto and Region Conservation Authority (TRCA) has identified the need to undertake subsurface investigations throughout Toronto Economic Development Corporation (TEDCO) -owned lands and City of Toronto road Right of Ways in the Port Lands in support of the Environmental Assessment for the Don Mouth Naturalization and Port Lands Flood Protection Project (EA for the DMNP Project); WHEREAS TRCA has been authorized by Toronto Waterfront Revitalization Corporation (TWRC) to retain Decommissioning Consulting Services Limited (DCS) to undertake technical oversight services on behalf of TRCA relating to the required subsurface investigations; WHEREAS City of Toronto staff will submit a report for consideration at the February 6, 2008 City of Toronto Executive meeting which will detail an agreement to be signed between the City of Toronto, TWRC and TEDCO to allow access to TEDCO -owned land in relation to TWRC projects and which will then proceed to the City Council meeting to be held on March 3, 2008 for approval; WHEREAS DCS, as a component of their technical oversight services to TRCA, will prepare (with assistance from TEDCO, the City of Toronto and TWRC) and release a Request for Quotations to three firms that have been pre- authorized by TWRC to undertake subsurface investigations in support of the EA for the DMNP Project, following approval of the City staff report at the February 6, 2008 Executive meeting; WHEREAS DCS will review the quotations submitted by the three eligible firms and make a recommendation to TRCA, TEDCO, TWRC and the City of Toronto as to which firm should receive the award based on a combination of lowest bid and demonstrated understanding of the work; WHEREAS TWRC, City of Toronto and TEDCO staff will make a decision whether the firm recommended by DCS will sign a contract to undertake the subsurface investigations with TEDCO or whether the contract will be signed by TRCA; 450 THEREFORE LET IT BE RESOLVED THAT TRCA be authorized to enter into a Delivery Agreement with TWRC to an upset limit of $300,000 (taxes and contingency included) to undertake the required subsurface investigations within the Port Lands in support of the EA for the DMNP Project, subject to TWRC instruction to TRCA to lead the subsurface investigations; THAT TRCA be authorized to enter into a contract to undertake the subsurface investigations with whichever of the three, pre - qualified firms best meets the terms and conditions of the Request for Quotations at the lowest price, subject to the execution of a Delivery Agreement between TRCA and TWRC and subject to authorization by City Council to proceed with the execution of the approved access agreement; AND FURTHER THAT TRCA staff be authorized and directed to take all necessary actions to implement the foregoing, including the signing of all Delivery Agreements, amendments or other legal documents deemed required in order to retain the successful firm, subject to approval of the award by TWRC. AMENDMENT RES. #A299/07 THAT the second last paragraph of the main motion be amended to read: THAT TRCA be authorized to enter into a contract to undertake the subsurface investigations with whichever of the three, pre - qualified firms best meets the terms and conditions of the Request for Quotations, subject to the execution of a Delivery Agreement between TRCA and TWRC and subject to authorization by City Council to proceed with the execution of the approved access agreement; THE AMENDMENT WAS THE MAIN MOTION, AS AMENDED, WAS THE RESULTANT MOTION READS AS FOLLOWS: CARRIED CARRIED WHEREAS Toronto and Region Conservation Authority (TRCA) has identified the need to undertake subsurface investigations throughout Toronto Economic Development Corporation (TEDCO) -owned lands and City of Toronto road Right of Ways in the Port Lands in support of the Environmental Assessment for the Don Mouth Naturalization and Port Lands Flood Protection Project (EA for the DMNP Project); WHEREAS TRCA has been authorized by Toronto Waterfront Revitalization Corporation (TWRC) to retain Decommissioning Consulting Services Limited (DCS) to undertake technical oversight services on behalf of TRCA relating to the required subsurface investigations; 451 WHEREAS City of Toronto staff will submit a report for consideration at the February 6, 2008 City of Toronto Executive meeting which will detail an agreement to be signed between the City of Toronto, TWRC and TEDCO to allow access to TEDCO -owned land in relation to TWRC projects and which will then proceed to the City Council meeting to be held on March 3, 2008 for approval; WHEREAS DCS, as a component of their technical oversight services to TRCA, will prepare (with assistance from TEDCO, the City of Toronto and TWRC) and release a Request for Quotations to three firms that have been pre- authorized by TWRC to undertake subsurface investigations in support of the EA for the DMNP Project, following approval of the City staff report at the February 6, 2008 Executive meeting; WHEREAS DCS will review the quotations submitted by the three eligible firms and make a recommendation to TRCA, TEDCO, TWRC and the City of Toronto as to which firm should receive the award based on a combination of lowest bid and demonstrated understanding of the work; WHEREAS TWRC, City of Toronto and TEDCO staff will make a decision whether the firm recommended by DCS will sign a contract to undertake the subsurface investigations with TEDCO or whether the contract will be signed by TRCA; THEREFORE LET IT BE RESOLVED THAT TRCA be authorized to enter into a Delivery Agreement with TWRC to an upset limit of $300,000 (taxes and contingency included) to undertake the required subsurface investigations within the Port Lands in support of the EA for the DMNP Project, subject to TWRC instruction to TRCA to lead the subsurface investigations; THAT TRCA be authorized to enter into a contract to undertake the subsurface investigations with whichever of the three, pre - qualified firms best meets the terms and conditions of the Request for Quotations, subject to the execution of a Delivery Agreement between TRCA and TWRC and subject to authorization by City Council to proceed with the execution of the approved access agreement; AND FURTHER THAT TRCA staff be authorized and directed to take all necessary actions to implement the foregoing, including the signing of all Delivery Agreements, amendments or other legal documents deemed required in order to retain the successful firm, subject to approval of the award by TWRC. BACKGROUND At Authority Meeting #3/01, held on April 27, 2001, Resolution #A58/01 was approved, in part, as follows: THAT the Government of Canada, the Province of Ontario, and the City of Toronto be advised that the TRCA will undertake the Naturalization and Flood Protection for the Lower Don River: Environmental Assessment and Functional Design component of the Toronto Waterfront Revitalization Initiative and will make every reasonable effort to complete the project through to the submission of the Environmental Assessment within the 18 month time frame established for the work; 452 AND FURTHER THAT the staff proceed as quickly as possible to hire the appropriate consultants that have proven expertise for this project in such a manner that expedites the process while providing a cost effective approach and achieving excellence in design and the incorporation of the City of Toronto's policies for environmental sustainability. Further, a Procurement Not Requiring Board Approval for a Sole Source Request for Proposal (Meeting RFP #2/07 - Sole Source ($10,000 to $50,000)), was approved, in part, as follows: THEREFORE LET IT BE RESOLVED THAT Toronto and Region Conservation Authority (TRCA) retain DCS to undertake the technical oversight for a subsurface investigation program on behalf of TEDCO in support of the DMNP EA to an upset limit of $20,450.00 plus 10% contingency (plus applicable taxes), subject to the necessary funding being authorized by TWRC. The Environmental Assessment for the Don Mouth Naturalization and Port Lands Flood Protection Project is currently at the stage of evaluating a list of alternatives. This stage of the EA should be completed by March, 2008, at which time a very detailed evaluation of environmental impacts will be conducted on the remaining alternative(s) under consideration. As such, it will be critically important in spring 2008 that the EA team be in possession of information summarizing the existing soil and groundwater conditions across the entire study area in order to be able to assess the potential environmental and financial implications of these subsurface conditions on the remaining alternatives under consideration. City of Toronto, TWRC and TEDCO are discussing whether the preferred agency to lead the subsurface investigations should be TRCA or TEDCO. TRCA is anticipating receipt of a decision on this within a period of weeks. City of Toronto, TWRC and TEDCO have also been discussing the details of an access agreement to allow TWRC work to be conducted on TEDCO -owned land. A staff report with the access agreement details will be considered at the February 6, 2008 City of Toronto Executive meeting with a follow up report to be considered for approval at the March 3, 2008 City Council meeting. To mitigate delays related to the start of the subsurface investigations, TRCA has been authorized to prepare (with the assistance of DCS) and release a Request for Quotations to three firms that have been pre - qualified by TWRC as being eligible to undertake these types of investigations, following the February 6, 2008 Executive meeting. These firms include: • Seacor Environmental Incorporated; • Stantec Consulting Limited; and • Water and Earth Science Associates Limited (WESA). 453 The Request for Quotations will outline a subsurface investigation program devised by DCS, with input from TEDCO regarding property access and availability of existing data. DCS will review the received quotations from the three firms and recommend one of the firms to undertake the proposed subsurface investigation to TRCA, TEDCO and TWRC. In the event that TRCA is selected to lead the subsurface investigations, TRCA and TWRC are currently working on a framework for a Delivery Agreement that will authorize TRCA to proceed with the subsurface investigations. Following City Council approval of the access agreement on March 3, 2008, the successful firm will either sign with TRCA or TEDCO to undertake the subsurface investigations with an anticipated upset limit of $300,000 (taxes and contingency included). Subsurface data collected by the successful firm will be analyzed, summarized and integrated with the technical evaluation for the EA for the DMNP Project. FINANCIAL DETAILS In the event that TRCA is selected to lead the subsurface investigations, expenses generated by the successful firm will be billed to a new account called 191 -20 (Subsurface Investigations) and will be covered under the new Subsurface Investigations Delivery Agreement that would be signed between TWRC and TRCA. Expenses generated by TRCA staff in support of this work will continue to be billed to the existing account and Delivery Agreement for the EA for the Don Mouth Naturalization and Port Lands Flood Protection Project 191 -02. Any costs incurred by TEDCO staff will be billed through the mechanisms outlined in the Memorandum of Understanding between TWRC, City of Toronto and TEDCO. Report prepared by: Ken Dion, extension 5230 Email: kdion @trca.on.ca For Information contact: Ken Dion, extension 5230 Email: kdion @trca.on.ca Date: January 7, 2008 RES. #A300/07 - Moved by: Seconded by: REGIONAL MUNICIPALITY OF HALTON TIER 3 WATER BUDGET Funding Agreement. Approval for Toronto and Region Conservation Authority, as lead authority within the CTC Source Protection Region, to enter into an agreement to transfer funds to the Regional Municipality of Halton to undertake components of a Tier 3 Water Budget Assessment, at the request of the Ministry of Natural Resources. Suzan Hall Lois Griffin 454 THAT an agreement with the Regional Municipality of Halton to fund components of a Tier 3 Water Budget Assessment as part of the CTC Source Protection program, be approved: THAT the agreement be subject to provincial funding being available for the full cost of the project and on terms and conditions satisfactory to Toronto and Region Conservation Authority (TRCA) staff and if necessary TRCA's solicitors; AND FURTHER THAT appropriate TRCA officials be authorized and directed to take such action as necessary to implement the agreement including the signing and execution of documents. CARRIED BACKGROUND The Ministry of Natural Resources (MNR) has been providing funding through the existing Memorandum of Agreement (MOA) amongst MNR, Conservation Ontario (CO) and the lead source protection authorities to undertake water budget work as part of the 'no regrets' technical work for drinking water source protection in advance of the Clean Water Act, 2006 requirements. In addition to the MOA between TRCA, CO and MNR, TRCA, as the Toronto and Region Source Protection Authority, has executed agreements with the other two source protection authorities — Credit Valley and Central Lake Ontario —in the CTC Source Protection Region. Funding has been provided to cover 100 percent of the costs to date for conservation authority staff to undertake technical studies pursuant to provincial financial and technical direction. Current agreements for funding expire March 31, 2008. MNR has identified some additional funds and key projects that they wish conservation authority staff to facilitate using the provincial funds which are available in the current provincial fiscal year (ending March 31, 2008) . Under the Clean Water Act, 2006, source protection committees are responsible for developing terms of reference which will set out work plans, costs and responsibilities for future work. Municipalities have the first right of refusal to undertake this future work. The province will be providing funding through the lead source protection authority, which in turn is responsible for paying the money to the parties that undertake the work (e.g. municipalities, consultants and conservation authority staff). Current Situation MNR has requested that TRCA, as the lead source protection authority, enter into an agreement to transfer funds to the Regional Municipality of Halton to undertake components of a Tier 3 Water Budget Assessment. In recognition of the future roles of municipalities under the Clean Water Act, 2006 to undertake work, MNR has requested that three projects be completed: one project in the CTC Source Protection Region and two projects in the Lake Erie Source Protection Region (to be managed by Grand River Conservation Authority (GRCA)). CTC staff is working with staff at GRCA to format an agreement between the respective conservation authority and municipality for each of the projects. 455 FINANCIAL DETAILS It is anticipated that the value of the work will be in the order of $500,000 to $1,000,000. Provincial funding for the full amount of the work will be a condition of the agreement. If the provincial funding is not forthcoming, there will be no agreement. TRCA will be compensated for its costs to administer the agreement. Report prepared by: Adele Freeman, extension 5238 Email: afreeman @trca.on.ca For Information contact: Adele Freeman, extension 5238 Email: afreeman @trca.on.ca Date: January 22, 2008 RES. #A301/07 - Moved by: Seconded by: GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Humber River Watershed Nutristock Corporation, CFN 40391. Purchase of property located east of The Gore Road, north of Mayfield Road, Town of Caledon, under the "Greenlands Acquisition Project for 2006 - 2010," Flood Plain and Conservation Component, Humber River watershed. Anthony Perruzza Laurie Bruce THAT 1.897 hectares (4.687 acres), more or less, of vacant land, being Part of Lot 2, Concession 5, Town of Caledon, Regional Municipality of Peel, designated as Part 2 on Plan 43R- 32039, located east of The Gore Road, north of Mayfield Road, together with a temporary access over Part 1, Plan 43R- 32039, until such time as a permanent access is arranged, be purchased from Nutristock Corporation; THAT 1.608 hectares (3.974 acres), more or less, of vacant land, being Part of Lot 2, Concession 5, Town of Caledon, Regional Municipality of Peel, designated as Part 2 on Plan 43R- 32040, located east of The Gore Road, north of Mayfield Road, together with a temporary access over Part 1, Plan 43R- 32040, until such time as a permanent access is arranged, be purchased from Nutristock 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; 456 AND FURTHER THAT the appropriate TRCA officials be authorized and directed to execute all necessary documentation required. 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 Rogata of Solmar Development Corporation, agent for Nutristock Corporation. Attached is a plan showing the location of the subject lands. RATIONALE 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 and is comprised of valleylands and flood plain. TAXES AND MAINTENANCE Based on realty taxes on adjacent (neighbouring) TRCA lands, it is estimated that the annual taxes for the subject property would be approximately $50. The addition of the subject parcel of land will not significantly impact TRCA's maintenance costs at this location. FINANCIAL DETAILS Funds for the costs related to this purchase are available in the TRCA land acquisition capital account. Report prepared by: Ron Dewell, extension 5245 Email: rdewell @trca.on.ca For Information contact: Ron Dewell, extension 5245 Email: rdewell @trca.on.ca Date: January 24, 2008 Attachments:1 457 Attachment 1 .44)' 41410, "CereS 'N._ for The Living City - • TRCA LANDS III OREENLANDS ACQUISITION PROJECT FOR 2006-2010 SUBJECT PROPERTY Flood Plain and Coneervatbn Component, Humber River Watershed t;:".:1 THCA TEMP. EASEMENT Nutristock Corporation \ • N,t CFR 40391 • 458 RES. #A302 /07 - Moved by: Seconded by: GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Humber River Watershed Whiskey Hill Estates Inc., CFN 40171. Purchase of property located west of McVean Drive, south of Castlemore Road, City of Brampton, under the "Greenlands Acquisition Project for 2006 - 2010," Flood Plain and Conservation Component, Humber River watershed. (Executive Res. #B 165/07) Suzan Hall Ron Moeser THAT 0.032 hectares (0.078 acres), more or less, of vacant land, being Part of Lot 8, Concession 8 ND, designated as Block 15 on Plan of Survey prepared by J.D. Barnes Limited under their Reference No. 02 -30- 731 -17- LAYOUT, dated October 12, 2007, City of Brampton, located west of McVean Drive, south of Castlemore Road, be purchased from Whiskey Hill Estates Inc.; 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 appropriate TRCA officials be authorized and directed to execute all necessary documentation required. RES. #A303 /07 - Moved by: Seconded by: CARRIED REQUEST FOR DISPOSAL OF TRCA -OWNED LAND Rear of 2175 Lakeshore Boulevard West City of Toronto Waterfront, CFN 38910. Update on the review of the request from South Beach (Lakeshore) Developments Limited to explore the possibility of a sale of subsurface rights and granting an easement in a parcel of TRCA -owned land located south of Lakeshore Boulevard West, east of Parklawn Road, City of Toronto, Lake Ontario waterfront. (Executive Res. #B 166/07) Suzan Hall Richard Whitehead THAT the sale of subsurface rights and the granting of an easement to South Beach (Lakeshore) Developments Limited as set out in the staff report dated December 19, 2007 be approved in principal; 459 THAT Toronto and Region Conservation Authority's (TRCA) intention to consider disposal of this property be publicized in one local and one major regional newspaper and a public open house information session be held in accordance with TRCA's surplus land policy; AND FURTHER THAT a report be brought forward to the Executive Committee after the public open house information session recommending further action. RES. #A304 /07 - Moved by: Seconded by: CARRIED DON VALLEY BRICK WORKS License Agreement Renewal. Recommends extension of existing license agreement with Evergreen for occupancy and use of the Toronto Don Valley Brick Works. (Executive Res. #B 167/07) Suzan Hall Richard Whitehead THAT Toronto and Region Conservation Authority (TRCA) approve and extend the license agreement with Evergreen and the City of Toronto for the use and occupancy of the licensed premises, being the industrial pad portion of the Toronto Don Valley Brick Works as set out in the lease agreement with Evergreen; THAT the license agreement shall continue in force and expire on a date agreed by Evergreen and the City of Toronto but not later than December 31, 2009 or the commencement date of the lease with Evergreen; THAT all other terms and conditions of the license agreement shall remain substantially the same, subject to approval of TRCA staff and solicitors and representatives of the City of Toronto; AND FURTHER THAT appropriate TRCA officials be authorized and directed to take all necessary actions to implement the license agreement including the signing and execution of documents. MOTION TO RE -OPEN RES. #A305 /07 Moved by: Seconded by: Lois Griffin Anthony Perruzza 460 CARRIED THAT items 8.2 - 8.4, inclusive, be re- opened. RES. #A306 /07 - Moved by: Seconded by: CARRIED GREENLANDS ACQUISITION PROJECT FOR 2006 -2010 Flood Plain and Conservation Component, Humber River Watershed Whiskey Hill Estates Inc., CFN 40171. Purchase of property located west of McVean Drive, south of Castlemore Road, City of Brampton, under the "Greenlands Acquisition Project for 2006 - 2010," Flood Plain and Conservation Component, Humber River watershed. (Executive Res. #B 165/07) Suzan Hall Richard Whitehead THAT item 8.2 - Greenlands Acquisition Project for 2006 -2010, be reconfirmed. CARRIED RES. #A307 /07 - Moved by: Seconded by: REQUEST FOR DISPOSAL OF TRCA -OWNED LAND Rear of 2175 Lakeshore Boulevard West City of Toronto Waterfront, CFN 38910. Update on the review of the request from South Beach (Lakeshore) Developments Limited to explore the possibility of a sale of subsurface rights and granting an easement in a parcel of TRCA -owned land located south of Lakeshore Boulevard West, east of Parklawn Road, City of Toronto, Lake Ontario waterfront. (Executive Res. #B 166/07) Suzan Hall David Barrow THAT item 8.3 - Request for Disposal of TRCA -Owned Land, be reconfirmed. RECORDED VOTE Maria Augimeri Nay David Barrow Yea Bryan Bertie Yea Laurie Bruce Yea Glenn De Baeremaeker Yea Rob Ford Yea Lois Griffin Yea Suzan Hall Yea Jack Heath Yea Colleen Jordan Yea Reenga Mathivanan Yea 461 RECORDED VOTE Cont'd Peter Milczyn Yea Gerri Lynn O'Connor Yea John Parker Yea Anthony Perruzza Nay Gino Rosati Yea John Sprovieri Yea Richard Whitehead Yea THE MOTION WAS CARRIED RES. #A308 /07 - Moved by: Seconded by: DON VALLEY BRICK WORKS License Agreement Renewal. Recommends extension of existing license agreement with Evergreen for occupancy and use of the Toronto Don Valley Brick Works. (Executive Res. #B 167/07) Suzan Hall John Parker THAT item 8.4 - Don Valley Brick Works, be reconfirmed. SECTION II - ITEMS FOR AUTHORITY INFORMATION RES. #A309 /07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: Suzan Hall Colleen Jordan CARRIED THAT Ontario Regulation 166/06 items 8.5.1 - 8.5.65, inclusive, contained in Section II of Executive Committee Minutes #11/07, held on January 18, 2008, be received. CARRIED RES. #A310 /07 - SECTION II - ITEMS FOR AUTHORITY INFORMATION Moved by: Seconded by: David Barrow Reenga Mathivanan 462 THAT Section II item 8.6 - Acquisition of Vehicles, contained in Executive Committee Minutes #11/07, held on January 18, 2008, be received. CARRIED SECTION IV - ITEMS FOR THE INFORMATION OF THE BOARD RES. #A311/07 - Moved by: Seconded by: SUMMARY OF REQUESTS FOR QUOTATIONS AND REQUESTS FOR PROPOSALS July 1, 2007 to December 31, 2007. Receipt of the 2007 year -end summary of procurements approved by the Chief Administrative Officer or his designate. David Barrow Suzan Hall IT IS RECOMMENDED THAT the summary of procurements approved by the Chief Administrative Officer or his designate for the July 1, 2007 to December 31, 2007 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: 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 July 1, 2007 to December 31, 2007, is found in Attachments 1 and 2, 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. 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. Report prepared by: Kathy Stranks, extension 5264 Email: kstranks @trca.on.ca For Information contact: Kathy Stranks, extension 5264 Email: kstranks @trca.on.ca Date: January 8, 2008 Attachments: 2 463 Attachment 1 REQUESTS FOR QUOTATION Sole Source (up to $50,000) July 1, 2007 - December 31, 2007 Project Awarded Bidder Cost Not to Exceed ($) Plus Applicable Taxes Beer Products at Bathurst Glen Golf Course Beer Store 18,000.00 All Weather Weigh Gauges Geonor Inc. 14,000.00 Real Time Stream Gauging • 4 New Stations • Upgrade 1 Existing Stream Gauge and Install 3 New Real -time Stream Gauges Bytown Marine Ltd. Bytown Marine Ltd. 45,000.00 32,896.00 Internationally Trained Professionals Internship Program Career Edge 26,400.00 World Green Building Council • Congress Event Management • Research Project Greenwood and Associates Dr. Raymond J. Cole 10,000.00 23,500.00 Negotiation Skills Training Stitt Feld Handy Group 12,000.00 Port Union Waterfront Improvement Project • Property Appraisals Integris Real Estate Counsellors 40,000.00 Wilket Creek Storm Damage Repair Project Brown & Company Engineering Limited 21,500.00 + 25% contingency allowance QUALHYMO Water Balance Model XCG Consultants Limited 18,400.00 Fibre Optic Cable Installation • Downsview Office Bell Canada 15,000.00 Highland Creek at Morningside Avenue Bridge Restoration Works PARISH Geomorphic Limited 20,250.00 Water Management Guideline • Planning and Landscape Design Schollen and Company Inc. 20,000.00 Heart Lake Conservation Area Outdoor Aquatic Playground Harrington and Hoyle Landscape Architects 38,375.00 Telephone System • World Green Building Council Secretariat Telus Communications Inc. 11,329.88 Backup Tape Library Qualstar Tape Library 26,316.00 Stream and Precipitation Gauges Bytown Marine Ltd. 21,929.83 Durham -wide Conservation Authority Hydrogeologist Central Lake Ontario Conservation Authority 18,000.00 Healthy Yards Program • Native Plant Cards CJ Graphics Inc. 11,500.00 Annual Report Printing Warren's Waterless Printing 11,413.00 Pontoon Boat Sandy Cove Marina 10,000.00 464 Project Awarded Bidder Cost Not to Exceed ($) Plus Applicable Taxes Milne Creek Adjacent to #3 Banfield Avenue Erosion Control Maintenance Works R &M Construction 47,110.00 Sugarbush Maple Syrup Festival Advertisement EZ Rock Radio 10,490.00 Electronic Fax Software and 1 Year Support Captaris / Rightfax Software 9,311,75 Roof Replacement, 5 Shoreham Drive • Project Management Harvey Associates Inc. 11,732.00 Computer Server Amsdell Inc. 9,738.00 REQUESTS FOR QUOTATION Lowest Bid (up to $100,000) July 1, 2007 - December 31, 2007 Project Awarded Bidder Cost Not to Exceed ($) Plus Applicable Taxes Replacement of Septic System • 8225 McCowan Road, Markham Claremont Excavating & Grading $17,950.00 Mould Removal • 2265 Meadowvale Road • 3918 Ebenezer Road Envirosafe Inc. Core Insurance Claims Contracting $18,920.00 $16,201.07 Black Creek Pioneer Village • Repairs and Additions to parking lot • Plumbing Services • Snow Removal, including Head Office Access Paving & Interlock Inc. Nor -Line Plumbing & Mechanical Ltd. Marbro Building Maintenance & Contracting Ltd. $13,300.00 $15,021.00 $16,600.00 Stream Restoration of Wilket Creek at Edwards Gardens • 1,700 tonnes of 2 - 4 tonne armour stone • 2,400 tonnes of 250 - 600mm boulders • 1,000 tonnes of 450 - 750mm boulders • 1,500 tonnes of 150 - 300mm gabion stone Belmont Rose Granite Corporation Dufferin Aggregates Dufferin Aggregates Nelson Aggregate Co. $47.00 per tonne $38.19 per tonne $33.99 per tonne $27.58 per tonne Greenbelt Exhibit Display Furniture Exhibico Display Services Ltd. $14,226.00 465 Project Awarded Bidder Cost Not to Exceed ($) Plus Applicable Taxes Highland Creek (Colonel Danforth Park) Slope Stabilization Project • 1,500 tonnes of 2 -4 tonne armour stone • 1,000 tonnes of 225mm - 450mm riprap stone • 500 tonnes of 150 mm to 300 mm gabion stone • 250 tonnes of 3 -5 tonne stackable armour stone Glenn Windrem Trucking J.C. Rock Ltd. Nelson Aggregates J.C. Rock Ltd. $46.74 per tonne $25.40 per tonne $14, 265.00 $63.99 per tonne Uniforms for Restoration Services staff for 2 years Cintas Canada Limited $30,000.00 /yr. Colonel Danforth Park Slope Stabilization Project • 1,350 tonnes of 10 mm - 25 mm round stone 1,100 tonnes of 50 mm - 150 mm round stone • 600 m2, 100 mm depth of filtrex compost blanket and 250 lineal metres of 200 mm diameter filter sock Nelson Aggregate Co. Nelson Aggregate Co. Landsource Organix $23.74 per tonne $27.90 per tonne $12,950.00 Guildwood Parkway Shoreline Regeneration Project - Phase 2 • 1,000 tonnes of 0.5 tonne -1.0 tonne armour stone • 2,500 tonnes of 300 - 600 mm rip rap stone J.C. Rock Ltd. J.C. Rock Ltd. $47.80 per tonne $25.40 per tonne Two Portable Bridge Units The Ganawa Company Ltd. $53,000.00 Restoration of Wing Wall and Blocked Valves at Claireville Dam and Structural Assessment of Stouffville Dam Hatch Energy $78,720.00 Tommy Thompson Park • 2,900 cubic yard of pile topsoil Jenkins and Sons Landscape Contractors Limited $8.50 per cubic yard Upper Mimico Creek Aquatic Restoration Project 408 tonnes of 3 to 8" round stone, 216 tonnes of 0.5 to 1" river run and 144 tonnes 1" to 3" round stone Waynco Sand and Gravel $18,641.04 Sandblasting and Repainting of the G. Ross Lord Dam Gate and Guide System Darran Green Sandblasting $10,080.00 466 Project Awarded Bidder Cost Not to Exceed ($) Plus Applicable Taxes Heart Lake Conservation Area Beach Centre • Retrofit Detailed Design • Demolition Project Kregg Fordyce Architect Rafat General Contractors Inc. $14,000.00 $30,400.00 Restoration Services Centre Landscaping Regent Landscape Ltd. $25,000.00 Humber River Estuary Habitat Project • 750 tonnes of armourstone • 450 tonnes of rip rap Glenn Windrem Trucking Nelson Aggregate Co. $47.76 per tonne $27.66 per tonne Bruce's Mill Conservation Area Picnic Shelter Dardan Contractors Ltd. $28,500.00 Kiwanis Memorial Park Bank Stabilization Project • 650 tonnes of 2 to 4 tonne stackable armour stone Nelson Aggregate Co. $60.50 per tonne Renovation of Bathroom and Laundry Room for 9035 Reesor Road B.W. Doucette Roofing and General Contracting $10,625.57 Fencing Installation and Repair The Fence People $12.63 per metre $87,669.00 2007 Topographic Base Mapping for the Etobicoke Creek Watershed Northway Photomap $78,713.00 Wicksteed Avenue Erosion Control Project • 4,700 tonnes of granular B sand & gravel Vicdom Sand & Gravel $12.11 per tonne Exterior Insulated Doors for the Kortright Centre Precision Contracting $14,630.00 Renovation of Bathroom at 7625 Finch Avenue West Nova Decor Construction Ltd. $11,450.00 Survey Work for Estate of Kathleen Joan Campbell Property Young & Young Surveying Inc. $12,000.00 Mimico Waterfront Linear Park Project • 1,500 tonnes of 3 - 5 tonne stackable amour stone • 450 tonnes of 250 - 600 mm riprap stone 650 tonnes of 225 - 450 mm riprap stone • 1,000 tonnes of 19 mm crusher run limestone Glenn Windrem Trucking J.C. Rock Limited Nelson Aggregate Company Ltd. Lafarge Construction Materials $47.56 per tonne $26.48 per tonne $26.19 per tonne $16.45 per tonne 467 REQUESTS FOR QUOTATION Lowest Bid Not Accepted (up to $100,000) July 1, 2007 - December 31, 2007 Project Awarded Bidder Cost Not to Exceed ($) Plus Applicable Taxes Printing Humber Watershed Report Card - 2007 Warren's Waterless Printing Inc. $17,963.00 Interior Renovations for 7551 Reesor Road B.W. Doucette $48,542.31 Drilling of a New Well at 18630 Centreville Creek Road Ontario Drilling $11,915.00, plus 20% contingency 468 Attachment 2 REQUESTS FOR PROPOSAL Sole Source (up to $50,000) July 1, 2007 - December 31, 2007 Project Awarded Bidder Cost Not to Exceed ($) Plus Applicable Taxes Statistical Analysis of Terrestrial Database Zorn Environmental Consulting $10,613.21 Acorus Restoration Acorus Restoration $40,841.20 Consultant Services for Development of Automated Radar Acquisition and Processing Tools for Hydrologic Modelling Computational Hydraulics Int. $32,650.00, plus 10% contingency Environmental Assessment for Don Mouth Naturalization and Port Lands Flood Protection Project • Contract for Subsurface Investigation and Oversig ht Decommissioning Consulting Services Limited $20,450.00, plus 10% contingency Sales Tax Recovery HMT Sales Tax Consultants Inc. Estimated at $25,000 based on recoveries achieved in 2006 GST Consulting Services for Planning and Permitting fees PricewaterhouseCooper $11,000.00 Licences and Modifications to Existing Payroll and Human Resources Application StarGarden Software $47,650.00, plus 10% contingency Consulting Services for sustainable communities initiatives Enerlife Consulting Inc. $15,000.00 REQUESTS FOR PROPOSAL Competitive Bid (up to $100,000) July 1, 2007 - December 31, 2007 Project Awarded Bidder Cost Not to Exceed ($) Plus Applicable Taxes Retrofit Study of the Kenfask Stormwater Management Pond Catchment Area UMA Engineering Limited $80,000.00, plus 10% contingency 469 NEW BUSINESS RES. #A312 /07 - Moved by: Seconded by: EARTH HOUR Gino Rosati Peter Milczyn THAT Toronto and Region Conservation Authority (TRCA) participate in the 2008 Earth Hour by turning off non - essential lighting at all TRCA facilities from 8 -9 pm on March 29, 2008; AND FURTHER THAT TRCA challenge its municipal partners to participate in Earth Hour. CARRIED RES. #A313 /07 - THE WESTERN GATEWAY, CITY OF PICKERING Moved by: Seconded by: Bonnie Littley Ron Moeser WHEREAS the City of Pickering has adopted a community supported "waterfront vision and plan" and in the fall of 2005 prepared a Five Year Implementation Plan for Pickering's Waterfront and Frenchman's Bay including 4 priorities with one being completion of the " Waterfront Trail and Signage" as part of the 680 km Lake Ontario waterfront trail from Niagara -on- the -Lake to the Quebec border on the St.Lawrence; WHEREAS the City of Pickering has designed and received key agency input, community input and all required permits and regulatory approvals including preparation of tender documents for the last strategic component of the waterfront trail between the cities of Pickering and Toronto - "The Western Gateway "; THEREFORE LET IT BE RESOLVED THAT Toronto and Region Conservation Authority staff report to the Executive Committee on the status of The Western Gateway project at the mouth of the Rouge River in the City of Pickering. COMMITTEE OF THE WHOLE RES. #A314 /07 KLEINBURG NEW FOREST NORTH PROJECT Moved by: Seconded by: Colleen Jordan Maria Augimeri 470 CARRIED THAT the committee move into closed session, as per Section 239. (2)(e) of the Municipal Act, whereby the subject matter being considered is a litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board, to discuss the Kleinburg New Forest North Project. ARISE AND REPORT RES. #A315/07 Moved by: Seconded by: Colleen Jordan Laurie Bruce THAT the committee arise and report from closed session. TERMINATION ON MOTION, the meeting terminated at 12:25 a.m., on Friday, January 25, 2008. CARRIED CARRIED Gerri Lynn O'Connor Brian Denney Chair Secretary- Treasurer /ks 471