INDEX TO EXECUTIVE COMMITTEE MINUTES #8/09. Friday, October 9, 2009

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1 INDEX TO EXECUTIVE COMMITTEE MINUTES #8/09 Friday, October 9, 2009 MINUTES Minutes of Meeting #7/09, held on September 11, GREENLANDS ACQUISITION PROJECT FOR Flood Plain and Conservation Component, Don River Watershed Don-Greenbelt Developments Inc. 872 Flood Plain and Conservation Component, Duffins Creek Watershed Marshall Homes (Riverside) Ltd. 875 TOWN OF WHITCHURCH-STOUFFVILLE Conveyance of Land for the Extension of Park Drive, South of Burkholder Street 878 CITY OF TORONTO Request for a Permanent Easement for the Coxwell Sanitary Trunk Sewer By-pass Pipe 881 REQUEST FOR DISPOSAL OF TORONTO AND REGION CONSERVATION AUTHORITY-OWNED LAND North of King Street East, east of Old King Road (269 King Street East - Bolton) 885 ADMINISTRATION OF ONTARIO REGULATION 166/ ECOSYSTEM VALUATION AND COMPENSATION PROTOCOL 891 DON VALLEY BRICK WORKS Engineered biodredging system and nutrient management plan for ponds 895 SHERWOOD PARK TRAIL IMPROVEMENTS Phase 3 - Award of Contract 897

2 DUFFINS CREEK PEDESTRIAN TRAIL City of Pickering 901 TOMMY THOMPSON PARK MASTER PLAN IMPLEMENTATION Tender RSD SUSTAINABLE NEIGHBOURHOOD RETROFIT ACTION PLAN (SNAP) County Court, Brampton, Consultant Selection 903 ONTARIO REGULATION 166/06 11 Edgehill Road Shropshire Drive Valecrest Drive Edenbridge Drive Thompson Avenue Abbey Road Castlefrank Crescent Bay Thorn Drive Sandringham Drive Ellesmere Road Humber Station Road Teddington Park Avenue Glen Robert Drive True Davidson Drive Deanefield Crescent Firglen Ridge St. Marks Road Wildwood Crescent Concession 6 Road Ashton Drive Riverside Drive Burnthamthorpe Park Boulevard Fifeshire Road Lynwood Crescent Pasadena Gardens Wishing Well Court Bassano Road May Square Country Heights Drive Langmuir Crescent Grosbeak Crescent Silvermoon Avenue Grandvista Crescent Ann Louise Crescent Humber Bridge Trail High Forest Court Vaughan Mills Road Old Mill Drive Modesto Gardens 935

3 ONTARIO REGULATION 166/06 (Cont'd) 74A Gwendolen Crescent B Gwendolen Crescent Castlederg Sideroad Forest Grove Drive Yellow Avens Boulevard 986 Archdiocese of Toronto and City of Toronto 992 Bell Canada 985 Brampton, City of 949, 950 Caledon, Town of 972 Dilawri Group of Companies 973 Donna Kuntze 944 Earth Rangers 966 Enbridge Gas Distribution Inc. 940 Heathwood Homes (Tranquility-West) Limited 1000 Her Majesty the Queen C/o Enbridge Gas Distribution Inc. 990 Highglen Homes Limited 909, 910 King Dufferin Developments CR Inc. 976 Kingsmill Estate Homes Ltd. 978, 979, 981 Mississauga, City of 952, 953, 955 Peel, Regional Municipality of 970 Richmond Hill, Town of 985 Ruland Properties Inc. 998 Sky Homes 989 Toronto, City of 916, 918, 958, 961, 985 Town of Ajax and Marshall Homes (Riverside) Ltd. 942 Valley King Developments Limited 982 Vaughan, City of 964 York, Regional Municipality of 956, 986, 996

4 MEETING OF THE EXECUTIVE COMMITTEE #8/09 October 9, 2009 The Executive Committee Meeting #8/09, was held in the Victoria Room, Black Creek Pioneer Village, on Friday, October 9, The Chair Gerri Lynn O'Connor, called the meeting to order at 9:37 a.m.. PRESENT David Barrow Suzan Hall Jack Heath Ron Moeser Gerri Lynn O'Connor Anthony Perruzza Richard Whitehead VIA CONFERENCE CALL Glenn De Baeremaeker ABSENT Maria Augimeri Colleen Jordan Reenga Mathivanan Maja Prentice Member Member Member Member Chair Member Member Member Vice Chair Member Member Member RES.#B131/09 - Moved by: Seconded by: MINUTES Dave Barrow Jack Heath THAT the Minutes of Meeting #7/09, held on September 11, 2009, be approved. CARRIED 871

5 SECTION I - ITEMS FOR AUTHORITY ACTION RES.#B132/09 - GREENLANDS ACQUISITION PROJECT FOR Flood Plain and Conservation Component, Don River Watershed Don-Greenbelt Developments Inc., CFN Purchase of property located between Green Belt Drive and the Don Valley Parkway, north of the CPR tracks, City of Toronto (North York Community Council Area), under the "Greenlands Acquisition Project for ", Flood Plain and Conservation Component, Don River watershed. Moved by: Seconded by: Ron Moeser David Barrow THE EXECUTIVE COMMITTEE RECOMMENDS THAT hectares (0.010 acres), more or less, of vacant land being Part of Lot 3, Concession 3, East of Yonge Street and designated as Block 18 on Plan 66M-2389, City of Toronto (North York Community Council Area), located between Green Belt Drive and the Don Valley Parkway, north of the CPR tracks, be purchased from Don-Greenbelt Developments 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 authorized TRCA officials be directed to take whatever action may be required to give effect thereto, including the obtaining of necessary approvals and the signing and execution of any documents. CARRIED BACKGROUND Resolution #A260/05 at Authority Meeting #9/05, held on November 25, 2005, approved the Greenlands Acquisition Project for Negotiations have been conducted with Mr. Gary D. Goldfarb of Meyer, Wassenaar & Banach, LLP, Barristers & Solicitors, who acts as agent on behalf of the owner. Attached is a plan showing the location of the subject lands. 872

6 RATIONALE The subject property falls within TRCA's approved master plan for acquisition for the Don River watershed as outlined in the approved Greenlands Acquisition Project for Through the review of subdivision 55T for proposed residential development of this site, TRCA staff established the limits of the open space lands (i.e. Blocks 1, 18 and 19 on Plan 66M-2389) which are comprised of a portion of the valley corridor of the East Don River at this location. In 2002, Blocks 1 and 19 of the subdivision was acquired by TRCA; Block 18 was inadvertently missed during the original acquisition process and will now be acquired by TRCA at the request of Don-Greenbelt Developments Inc.. TAXES AND MAINTENANCE It is proposed that the lands be turned over to the City of Toronto for management. FINANCIAL DETAILS Funds for the costs related to this purchase are available in the TRCA land acquisition capital account. Report prepared by: George Leja, extension s: gleja@trca.on.ca For Information contact: George Leja, extension 5342; Ron Dewell, extension s: gleja@trca.on.ca; rdewell@trca.on.ca Date: September 15, 2009 Attachments: 1 873

7 Attachment 1 874

8 RES.#B133/09 - GREENLANDS ACQUISITION PROJECT FOR Flood Plain and Conservation Component, Duffins Creek Watershed Marshall Homes (Riverside) Ltd., CFN Acquisition of property located in the Town of Ajax, Regional Municipality of Durham, under the "Greenlands Acquisition Project for ", Flood Plain and Conservation Component, Duffins Creek watershed. Moved by: Seconded by: Ron Moeser David Barrow THE EXECUTIVE COMMITTEE RECOMMENDS THAT hectares (1.950 acres), more or less, of vacant land, being Part of Lot 17, Concession 2, and Part of Block 2, Registered Plan 342 and all of Lot 14, Registered Plan M-1157, and all of Block B, Registered Plan M-1200 and designated as Blocks 2-5 (inclusive) on draft M-Plan prepared by J.D. Barnes Limited under reference no , Town of Ajax, Regional Municipality of Durham, located east of Brock Road, south of Rossland Road West, be purchased from Marshall Homes (Riverside) 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 authorized TRCA officials be directed to take whatever action may be required to give effect thereto, including the obtaining of necessary approvals and the signing and execution of any documents. CARRIED BACKGROUND Resolution #A260/05 at Authority Meeting #9/05, held on November 25, 2005, approved the Greenlands Acquisition Project for As a condition of subdivision registration, Marshall Homes (Riverside) Ltd. is to transfer the valleylands and valleyland buffers to TRCA. Further, Marshall Homes (Riverside) Ltd. will construct a trail on a portion of the lands. The construction of the trail is subject to a permit application to be considered on this Executive Committee agenda (Application No. 0723/09/AJAX). A management agreement for only that portion of the trail subject to the TRCA permit will be arranged between TRCA and the Town of Ajax upon acquisition of the land. Negotiations have been conducted with Mr. Ian McCullough of Marshall Homes (Riverside) Ltd.. Attached is a plan showing the location of the subject lands. 875

9 RATIONALE The subject property is valleyland and falls within TRCA s approved master plan for acquisition for the Duffins Creek watershed as outlined in the approved Greenland Acquisition Project for TAXES AND MAINTENANCE TRCA staff is in discussion with Town of Ajax staff regarding the management of the property by the Town. Report prepared by: Edlyn Wong, extension s: ewong@trca.on.ca For Information contact: Mike Fenning, extension 5223; Edlyn Wong, extension s: mfenning@trca.on.ca; ewong@trca.on.ca Date: September 16, 2009 Attachments: 1 876

10 Attachment 1 877

11 RES.#B134/09 - Moved by: Seconded by: TOWN OF WHITCHURCH-STOUFFVILLE Conveyance of Land for the Extension of Park Drive, South of Burkholder Street (Within the Hamlet of Stouffville), Town of Whitchurch-Stouffville, Duffins Creek Watershed, CFN Receipt of a request from the Town of Whitchurch-Stouffville for conveyance of land for the extension of Park Drive, south of Burkholder Street (within the hamlet of Stouffville), in the Town of Whitchurch-Stouffville, Regional Municipality of York. Ron Moeser David Barrow THE EXECUTIVE COMMITTEE RECOMMENDS THAT WHEREAS Toronto and Region Conservation Authority (TRCA) is in receipt of a request from the Town of Whitchurch-Stouffville to convey certain lands for the extension of Park Drive, south of Burkholder Street (within the hamlet of Stouffville), in the Town of Whitchurch-Stouffville, Regional Municipality of York; 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 Town of Whitchurch-Stouffville in this instance; THEREFORE LET IT BE RESOLVED THAT a parcel of TRCA-owned land containing hectares (0.141 acres), more or less, required for the extension of Park Drive, said land being Part of Lots 34 and 35, Concession 9, Town of Whitchurch-Stouffville, Regional Municipality of York, designated as Part 2 on a draft Plan on Survey prepared by Holding Jones Vanderveen Inc., Ontario Land Surveyors, under their Job No REF1, dated August 28, 2009, be conveyed to the Town of Whitchurch-Stouffville; THAT consideration be the nominal sum of $2.00, plus all legal, survey and other costs to be paid by the Town of Whitchurch-Stouffville; THAT an archaeological investigation be completed, with any mitigative measures being carried out to the satisfaction of TRCA staff, at the expense of the Town of Whitchurch-Stouffville; THAT the conveyance of land be subject to a landscaping plan, subject to the approval of TRCA staff; THAT the Town of Whitchurch-Stouffville 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; 878

12 AND FURTHER THAT the authorized TRCA officials be directed to take whatever action may be required to give effect thereto, including the obtaining of necessary approvals and the signing and execution of any documents. CARRIED BACKGROUND The subject lands form part of a larger acreage acquired by TRCA from The Regional Municipality of York and the Town of Whitchurch-Stouffville on July 16, 1980, under the Duffins Creek Flood Plain Lands Acquisition Project. The Town of Whitchurch-Stouffville has conveyed lands to TRCA over the years for nominal consideration of $2.00 and has requested that the TRCA-owned lands required for the extension of Park Drive be conveyed for the nominal consideration of $2.00. This municipal road project has been reviewed under the Schedule B Municipal Class Environmental Assessment (EA) process by TRCA staff. The proposal consists of reconstructing Park Drive from Main Street southward to Burkholder Street, extending the unopened roadway further south over the Stouffville Creek through this section, and connecting the new road to the existing Park Drive which was built as part of the residential development south of the existing library/pool facility. The EA process has been completed and TRCA staff is presently reviewing a permit application pursuant to Ontario Regulation 166/06 for the proposed Park Drive bridge crossing over the Stouffville Creek. The permit application will be considered at a future Executive Committee Meeting. In addition to the fee simple conveyance, the Town of Whitchurch-Stouffville will require temporary working easements across TRCA property as part of the construction of Park Drive. A plan illustrating the fee simple conveyance and temporary easement locations is attached. Plantings: All lands disturbed by construction will be stabilized and, where deemed appropriate by TRCA staff, revegetated with native woody and herbaceous plant material in accordance with existing TRCA landscaping guidelines. A landscape plan will be prepared and form part of the permit pursuant to Ontario Regulation 166/06. FINANCIAL DETAILS The Town of Whitchurch-Stouffville has agreed to assume all legal, survey and other costs involved in completing this transaction. Report prepared by: George Leja, extension s: gleja@trca.on.ca For Information contact: George Leja, extension 5342 or Ron Dewell, extension s: gleja@trca.on.ca or rdewell@trca.on.ca Date: September 15, 2009 Attachments: 1 879

13 Attachment 1 880

14 RES.#B135/09 - Moved by: Seconded by: CITY OF TORONTO Request for a Permanent Easement for the Coxwell Sanitary Trunk Sewer By-pass Pipe Don River Watershed, City of Toronto (Toronto East York Community Council Area), CFN Receipt of a request from the City of Toronto to provide a permanent easement for the Coxwell Sanitary Trunk Sewer by-pass pipe, west of Coxwell Boulevard, north of O'Connor Drive (behind Barbara Crescent), Don River watershed, City of Toronto (Toronto East York Community Council Area). Jack Heath Ron Moeser THE EXECUTIVE COMMITTEE RECOMMENDS THAT WHEREAS Toronto and Region Conservation Authority (TRCA) is in receipt of a request from the City of Toronto to provide a permanent easement for the Coxwell Sanitary Trunk Sewer by-pass pipe, west of Coxwell Boulevard, north of O'Connor Drive (behind Barbara Crescent), Don River watershed, City of Toronto (Toronto East York Community Council Area); AND WHEREAS it is in the best interest of TRCA in furthering its objectives as set out in Section 20 of the Conservation Authorities Act to cooperate with the City of Toronto in this instance; THEREFORE LET IT BE RESOLVED THAT a permanent easement containing a total of 0.20 hectares (0.49 acres), more or less, be granted to the City of Toronto for the Coxwell Sanitary Trunk Sewer by-pass pipe, said land being west of Coxwell Boulevard, north of O'Connor Drive (behind Barbara Crescent), City of Toronto (Toronto East York Community Council Area), as shown on a plan entitled: EASEMENT REQUIREMENTS, prepared by City of Toronto - Technical Services, Survey and Mapping, under their Job No C, dated September 3, 2009; THAT consideration be the nominal sum of $2.00, plus all legal, survey and other costs to be paid by the City of Toronto; THAT the City of Toronto is to fully indemnify TRCA from any and all claims from injuries, damages or costs of any nature resulting in any way, either directly or indirectly, from the granting of 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 City of Toronto; THAT all TRCA lands disturbed by the proposed works be revegetated/stabilized following construction and, where deemed appropriate by TRCA staff, a landscape plan be prepared for TRCA staff review and approval in accordance with existing TRCA landscaping guidelines; THAT a permit pursuant to Ontario Regulation 166/06 be obtained prior to commencement of construction; 881

15 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 authorized TRCA officials be directed to take whatever action may be required to give effect thereto, including the obtaining of necessary approvals and the signing and execution of any documents. CARRIED BACKGROUND At Authority Meeting #11/08, held on January 30, 2009, Resolution #A314/08 was approved as follows: WHEREAS a very large sanitary sewer, known as the Coxwell trunk, in the City of Toronto is showing signs of structural instability; AND WHEREAS the City of Toronto is looking at all possible options for repair or replacement of the damaged section of pipe, along with plans to twin the sewer in accordance with the Wet Weather Flow Management Master Plan; AND WHEREAS failure of the existing pipe could result in the diversion of sanitary sewage to the Don River if alternative measures to contain the flow are not in place; AND WHEREAS the Toronto and Region Conservation Authority (TRCA) wants to ensure that every effort is made to contain the flows and avoid any diversion to the Don River, but recognizes that an emergency response plan must be in place to deal with any diversion that might occur should the pipe fail before a replacement mechanism for the damaged section of pipe can be put in place; THEREFORE LET IT BE RESOLVED THAT TRCA requests the City of Toronto to take every possible action to protect the Don River from any possible sewage overflows; THAT the Chief Administrative Officer be authorized to approve Ontario Regulation 166/06 permits to the City of Toronto for the Coxwell Sanitary Trunk Sewer to facilitate an emergency overflow, a new section of sewer to bypass the damaged section, and any emergency repairs and other works associated with the implementation of an emergency response plan to deal with diversion, treatment and cleanup of any sewage flows to the Don River and Harbour, should that become necessary between Executive Committee meetings; THAT the City of Toronto be requested to proceed with the twinning of the Coxwell trunk as soon as possible as part of the City's comprehensive plan to reduce the frequency and severity of combined sewer overflows; THAT City of Toronto staff be requested to present the Emergency Response Plan to the Authority once developed; AND FURTHER THAT regular updates be provided to the Authority regarding the Emergency Response Plan and any measures undertaken. 882

16 The City of Toronto has formally requested a permanent easement for the Coxwell Sanitary Trunk Sewer (CSTS) by-pass pipe, west of Coxwell Boulevard, north of O'Connor Drive (behind Barbara Crescent). In 2008, cracks were found in the CSTS during the Environmental Assessment (EA) for the proposed sewer twining project currently being undertaken by the City of Toronto. The CSTS was built in the 1950's, services the north-eastern portion of the city, and conveys sewage for more than 750,000 people. The portion of the existing damaged sewer pipe is located beneath 11 private properties on Barbara Crescent. To eliminate the imminent danger of raw sewage seeping from the existing cracked sewer, a by-pass pipe is being constructed as a permanent solution to this problem. The CSTS by-pass pipe will be located partially within the Regional Storm Flood Plain and entirely within the Regulated Area of the Lower Don River. A permit pursuant to Ontario Regulation 166/06 for the construction of the by-pass pipe will be issued in accordance with Authority Resolution #A314/08 as noted above. The subject TRCA-owned lands were acquired from the Township of East York on November 24, 1961 under the Don River Flood Plain Lands Acquisition Project. Plantings All lands disturbed by construction will be stabilized and, where deemed appropriate by TRCA staff, revegetated with native woody and herbaceous plant material in accordance with existing TRCA landscaping guidelines. A landscape plan will be prepared and form part of the permit pursuant to Ontario Regulation 166/06. A plan illustrating the permanent easement location is attached. FINANCIAL DETAILS The City of Toronto has agreed to assume all legal, survey and other costs involved in completing this transaction. Report prepared by: George Leja, extension s: gleja@trca.on.ca For Information contact: George Leja, extension 5342; Ron Dewell, extension s: gleja@trca.on.ca; rdewell@trca.on.ca Date: September 16, 2009 Attachments: 1 883

17 Attachment 1 884

18 SECTION II - ITEMS FOR EXECUTIVE ACTION RES.#B136/09 - Moved by: Seconded by: REQUEST FOR DISPOSAL OF TORONTO AND REGION CONSERVATION AUTHORITY-OWNED LAND North of King Street East, east of Old King Road (269 King Street East - Bolton), CFN Toronto and Region Conservation Authority is in receipt of a request from Bill and Gillian Smillie to explore the possibility of a sale of a fragment of TRCA-owned land located north of King Street East, east of Old King Road (269 King Street East - Bolton), Town of Caledon, Regional Municipality of Peel, Humber River watershed. Suzan Hall Ron Moeser THAT the potential disposal of a fragment of land located north of King Street East, east of Old King Road (269 King Street East - Bolton), Town of Caledon, Regional Municipality of Peel, be referred to Toronto and Region Conservation Authority (TRCA) staff for review and discussion in accordance with established TRCA policies; AND FURTHER THAT a report be brought forward to the Executive Committee at a future date recommending further action. CARRIED BACKGROUND This request is being brought to the attention of the Executive Committee in accordance with Resolution #26, adopted by TRCA at Authority Meeting #1/91, held on February 22, During a routine property inspection by staff earlier this year, it appeared that Mr. and Mrs. Smillie's house was encroaching onto TRCA land. Staff commissioned a survey of the property boundary which confirmed that part of a two-storey addition, wooden deck / platform, as well as a post and wire fence is encroaching on TRCA property. As a result a letter has been received from Bill and Gillian Smillie, requesting to purchase a fragment of TRCA-owned land to resolve the encroachment. The Smille's purchased their house at 269 King Street East on April 28, This private residential property borders on TRCA property to the north and the west. It would appear that sometime between the original TRCA acquisition of the adjacent property on September 16, 1986 and prior to the Smillie purchase, the house at 269 King Street East was reconstructed and/or expanded onto TRCA property. At Executive Committee meeting #7/09, held on September 11, 2009, staff was directed to prepare a discussion paper on encroachments on TRCA-owned land. Staff will consider cases such as this when preparing the discussion paper. TRCA, Town of Caledon, and Regional Municipality of Peel staff will be circulated the land sale proposal for review and comment. 885

19 A plan illustrating the location of the subject lands is attached. Report prepared by: George Leja, extension s: For Information contact: George Leja, extension 5342 or Ron Dewell, extension s: or Date: September 17, 2009 Attachments: 1 886

20 Attachment 1 887

21 RES.#B137/09 - ADMINISTRATION OF ONTARIO REGULATION 166/06 Draft guidelines to support conservation authority administration of the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (April 21, 2008), prepared by Ministry of Natural Resources/Conservation Ontario Section 28 Peer Review and Implementation Committee. Moved by: Seconded by: Ron Moeser Richard Whitehead WHEREAS Toronto and Region Conservation Authority (TRCA) administers Ontario Regulation 166/06, Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation under Section 28(1) of the Conservation Authorities Act; AND WHEREAS TRCA, through its Business Excellence objective, is committed to improve and streamline the administration of regulation compliance; AND WHEREAS Draft Guidelines to Support Conservation Authority Administration of the 'Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation' (April 21, 2008) prepared by the Ministry of Natural Resources/Conservation Ontario Section 28 Peer Review and Implementation Committee have been endorsed by Conservation Ontario Council and submitted to Ministry of Natural Resources (MNR) for approval; AND WHEREAS Conservation Ontario has circulated the document to conservation authority staff for consideration relative to the administration of their regulatory program; THEREFORE LET IT BE RESOLVED THAT TRCA staff be directed to consider the Draft Guidelines to Support Conservation Authority Administration of the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation in the administration and implementation of Ontario Regulation 166/06 as outlined in the staff report. CARRIED BACKGROUND In May 2006, the Minister of Natural Resources approved individual Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulations for all 36 conservation authorities (CAs) in the province including TRCA, consistent with Ontario Regulation 97/04 (Generic Regulation) under Section 28 (1) of the Conservation Authorities Act (CA Act). In June 2006, the Ministry of Natural Resources/Conservation Ontario Section 28 Regulation Peer Review and Implementation Committee (the MNR/CO Committee) was formed for the purpose of information sharing across CAs to facilitate a consistent approach to regulation and policy implementation. The committee membership consists of CA staff from across the Province of Ontario, including a representative from TRCA, Conservation Ontario and MNR. 888

22 The MNR/CO Committee developed Draft Guidelines to Support Conservation Authority Administration of the 'Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation' (April 21, 2008), (Draft Guidelines). The Draft Guidelines deal specifically with the regulatory role of CAs under Section 28 of the CA Act and support the implementation of the individual regulations which were approved by the Minister in May The Committee drafted and conducted extensive review of the Draft Guidelines, including eight regional consultation sessions for CA staff in 2007 and Comments were also received from MNR staff and staff from the office of the Mining and Lands Commissioner. At the April 28, 2008 Annual General Meeting of Conservation Ontario, Council passed the following resolution: That the Draft Guidelines to Support Conservation Authority Administration of the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation be endorsed for submission to MNR for approval; AND THAT the document be circulated to CA staff for consideration relative to their Conservation Authority s administration of the regulatory program. This document does not prescribe policies to the CAs but is intended to provide a framework around which local board-approved CA policies can be created, or existing policies adjusted, to encourage consistency amongst CAs. While the overall approach of this document is to encourage consistency in the interpretation and application of the Section 28 Regulations, it is recognized that each CA s policies may vary from these guidelines in recognition of the unique characteristics of its watersheds. At the same time, it is the responsibility of each individual CA to ensure their policies are defensible based on the wording of the CA Act and their individual CA Regulations. As per the Council resolution, Conservation Ontario endorsed and submitted the Draft Guidelines to MNR for approval. The Ministry of Natural Resources approval process involves posting the guidelines document on the Environmental Bill of Rights registry. It is anticipated that this posting will occur in December, The MNR/CO Committee conducted a one day provincial training session on the Draft Guidelines for CA management staff in 2008 and will be hosting a two day provincial training session for CA Section 28 staff on October 7th and 8th, 2009 at Black Creek Pioneer Village. TRCA staff will be attending this session. 889

23 RATIONALE On a day to day basis, TRCA s Valley and Stream Corridor Management Program (VSCMP), 1994, is used to guide TRCA s role in the planning and development review process and assists with the implementation of responsibilities under the Planning Act and CA Act. Similarly, TRCA s Lake Ontario Waterfront Program, 1980, and related program updates, provide guidance with respect to planning and development along the Lake Ontario waterfront. In June 2006, TRCA adopted transitional policies and guidelines to facilitate the transition from TRCA s previous "Fill, Construction and Alteration to Waterways Regulation" to the Ontario Regulation 166/06, TRCA s new Regulation approved in May Additionally, TRCA has implemented two interim initiatives, Permission for Minor Works Protocol, (2006) and Permission for Routine Infrastructure Works Protocol, (2007), to streamline the approval process for proposals that are either minor in nature or routine in nature and do not impact the control of flooding, erosion, dynamic beaches, pollution or the conservation of land. These protocols include a list of eligible works and evaluation criteria within the context of the new regulation and represent the initial steps of updating TRCA s Regulation policies. With the approval of the new CA Regulations in 2006, CAs now regulate wetlands and areas adjacent to wetlands which help sustain essential hydrologic functions and where development could interfere or negatively affect these functions. While TRCA has implemented a Regulation along the Lake Ontario waterfront since 1979, the 2006 Regulations also required all CAs to regulate the shoreline of the Great Lakes-St. Lawrence River System. The Draft Guidelines prepared by the MNR/CO Committee provide guidance in the interpretation and implementation of all aspects of the Regulation, but are particularly helpful with respect to the wetland and shoreline components. Since the endorsement and circulation by Conservation Ontario, TRCA staff has informally taken into consideration the Draft Guidelines relative to the administration of Ontario Regulation 166/06. Staff view the document as an implementation tool to complement and enhance our existing regulatory policies. TRCA is currently undertaking a comprehensive policy review and update that will result in a new policy document to guide both our planning and regulatory responsibilities. A draft of the new policy document is anticipated in 2010, which will be subject to extensive municipal and public consultation prior to consideration for approval by the Authority. The proposed new Regulation policies will build upon the framework of the Draft Guidelines to ensure consistency with the provincial direction on the interpretation and implementation of the Regulation but will also reflect the characteristics of TRCA s jurisdiction and watersheds. In light of the provincial training workshop for CA staff and in an effort to enhance our existing TRCA regulatory policy regime until such time as TRCA s new policy document is approved, staff is recommending that the Draft Guidelines prepared by the MNR/CO Committee be formally received and acknowledged for consideration in the administration and implementation of TRCA s regulatory program. 890

24 SUMMARY The Draft Guidelines to Support Conservation Authority Administration of the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation were developed by the MNR/CO Committee to assist CAs and promote consistency with the interpretation and implementation of their regulatory programs. This document is a useful tool to complement and enhance TRCA s existing regulatory policy regime and support the implementation of Ontario Regulation 166/06. Report prepared by: Laurie Nelson, extension lnelson@trca.on.ca For Information contact: Carolyn Woodland, extension 5214; Laurie Nelson, extension s: cwoodland@trca.on.ca; lnelson@trca.on.ca Date: September 29, 2009 RES.#B138/09 - Moved by: Seconded by: ECOSYSTEM VALUATION AND COMPENSATION PROTOCOL Direction to develop ecosystem valuation and compensation protocol as an element of the Living City Policy framework. Glenn De Baeremaeker Suzan Hall WHEREAS healthy ecosystems provide a variety of ecosystem goods and services such as habitat and biodiversity (natural heritage), climate regulation, air pollution removal, oxygen production, stormwater interception, erosion control, groundwater infiltration, shade from ultraviolet sun rays, energy use reduction, natural aesthetics conducive to nature appreciation and mental health, and landscapes for outdoor recreation; AND WHEREAS Toronto and Region Conservation Authority (TRCA) and municipal staff are frequently asked to approve alterations and removals of ecosystem components during the municipal plan and permit review process and other land management activities; AND WHEREAS TRCA's Terrestrial Natural Heritage System Strategy recommends that compensation could be considered as a method of achieving the regional target system and watershed plan objectives; AND WHEREAS there is a need for a consistent approach for valuing ecosystem goods and services, and a number of municipalities are exploring ecological goods and services as part of their Official Plan updates; THEREFORE LET IT BE RESOLVED THAT staff be directed to develop a protocol for determining compensation for ecosystem services to be included in TRCA's Living City Policies and development review; 891

25 THAT staff seek input on the proposed protocol from municipalities, academia, ENGOs, development industry/stakeholders, Conservation Ontario's Ecological Goods and Services Working Group, and the South Central Ontario Conservation Authorities (SCOCA); THAT staff continue to participate in and/or help coordinate current and ongoing research on compensation and ecosystem goods and services, locally and in broader study areas to further refine the protocol; THAT staff report to the Authority with the final draft of the policy and protocol, and the results of the consultation, for approval; AND FURTHER THAT staff seek funding for: a) the development of case studies with municipal and industry partners to test the implementation of the policy and protocol in practical situations, b) for the development of a TRCA database to assist in the valuation and tracking of compensation projects corporately, c) to pursue other avenues of research to improve the science behind the valuation protocol. CARRIED BACKGROUND The Authority approved the Terrestrial Natural Heritage System Strategy and its target system in The Strategy was approved in principle to allow for discussions to occur with municipalities on implementing the target system through Official Plan implementation. The conceptual nature of the target system allows for flexibility at the site level as long as the Strategy's overall goals and targets are achieved. TRCA is reviewing its Living City Policies to include a compensation component. A number of municipalities are looking to incorporate ecosystem goods and services frameworks as part of their Official Plan review. TRCA and municipalities already use compensation as a last resort in the development review and permitting process. The development industry has approached TRCA to suggest that staff consider the South Florida Water Management District (SFWMD) wetland mitigation banking program as a template for a TRCA compensation approach. Staff conducted a literature review of mitigation banking protocols worldwide and formed a working group with some development stakeholders. Staff also embraced this as an opportunity to take stock of current TRCA compensation activities. RATIONALE In their ongoing business, TRCA and municipalities engage with developers, landowners and provincial ministries in negotiations regarding the compensation for impacts stemming from various types of development and infrastructure projects. These negotiations are generally dealt with on a case by case basis without stated screening guidelines, valuation methodology and corporate level documentation. It is timely that staff develop a protocol for the valuation and compensation of ecosystems as well as a tracking system for individual case history and for the cumulative regional outcome. As municipalities are incorporating natural heritage systems in their Official Plan updates it is important to support them with tools to allow for appropriate flexibility. 892

26 The purpose of this project, "Ecosystem Valuation and Compensation Protocol", is: 1. to formalize compensation within TRCA corporate policy to achieve The Living City objectives and to assist municipalities in their Official Plan reviews; and, 2. to develop a valuation protocol to ensure replicable and traceable evaluation based on the true functions and values of lands to be converted. In this initiative of formalizing compensation, it must be clear to all parties involved that compensation will remain the last option in the review of development proposals, once avenues of avoidance and mitigation have been explored. Only under certain circumstances will compensation be considered; protection is still the fundamental key driver in all planning negotiations. The products of this project will include: Research: a literature review of ecosystem goods and services and compensation theory, and application in case studies. Protocol: a valuation methodology and tool for decision-making in compensation cases. Policy: a compensation component under the Living City Policies giving TRCA direction for administrating compensation. Consultation: a consultation process involving an internal TRCA review committee, a municipal working group and a stakeholders review group. Database: a georeferenced spreadsheet to facilitate the quantification of individual cases, and the documentation of compensation history corporately. As well, staff will be giving a talk entitled Compromise or Compensation: A Valuation Methodology at an Ecological Economics Workshop being held at this year's A.D. Latornell Symposium, themed "The Currency of Ecology", in November The presentation will cover an overview of the literature review and suggest approaches for valuing ecosystems that would contribute to achieving The Living City vision. The Terrestrial Natural Heritage Systems Strategy's target system scenario includes both "existing" natural cover and "potential" natural cover. The desire to remove parts of the target system may be to meet other urban design objectives; for example, compact urban form, which in turn may reduce the amount of infrastructure. However, when ecosystem services are fully accounted for, the loss of existing or potential natural cover may not be worth the local gains in urban design. Therefore, a compensation protocol needs to provide clear instructions as to when compensation is appropriate or not. Strict conditions would need to apply so that actual restoration is sought rather than cash in lieu and that the outcome results in a net gain in ecological functions and ecosystem services. Compensation thus provides the level of flexibility that is often needed in decision-making at the development proposal scale in order to successfully implement the regional scale Strategy, watershed plans and municipal environmental policies. In order to achieve its purpose, a TRCA compensation protocol and policy should include the following concepts and principles: 893

27 Screening Screening would need to be based on a hierarchy of avoidance and mitigation over compensation, and that prefers on-site over off-site compensation. The screening process could use a rapid assessment method to quickly determine the potential to achieve compensation before entering into detailed ecosystem valuation and comparison of scenarios. Valuation The valuation methodology should provide consistency and acknowledge the value of ecosystem services. Valuation would need to be based on a broader list of ecosystem services than the current practice and would encompass biodiversity, water management, air quality and carbon management, for example. Valuation would also take into account uncertainty and time lag associated with achieving the desired net ecosystem gains. Ecological Outcome The main condition for approving a compensation proposal needs to be the attainment of a net gain in ecosystem services. A methodology for comparing scenarios should provide a clear path for determining gains within individual, and across multiple, disciplines. The protocol should be based in part on the Terrestrial Natural Heritage System Strategy's criteria for building the target system; for example, compensation should contribute to net gains in natural cover quality, distribution and quantity. Cost Outcome A main goal of this project, aside from the initial screening of proposals, is to assign a fair market value for lands to be converted to allow for real gains elsewhere. Project Timing Literature review and writing Ongoing in 2009 Seek Authority direction October 2009 Draft protocol, policy and database October 2009 to January 2010 Municipal and stakeholder involvement November 2009 to February 2010 Finalize protocol, policy and database March and April 2010 Seek Authority approval, revisions May 2010 It is anticipated that the protocol will be reviewed and refined as necessary after its approval as its implementation through case studies and new research inform the process. The project is intended to provide the development community, municipalities and reviewers the consistency and clarity they need. Another benefit of this project is that TRCA may participate in the applied research on ecosystem services and compensation practice that is occurring locally, provincially, nationally and globally. TRCA is participating on Conservation Ontario's Ecosystem Goods and Services Working Group to discuss and coordinate a consistent approach to valuing ecosystems. TRCA staff is also contributing with other conservation authorities and municipalities on a University of Toronto research project into Ontario-wide incentives for landowners to enhance natural cover on their properties (in proposal). 894

28 FINANCIAL DETAILS A literature review and preliminary writing have been conducted using municipal funding for capital projects (Durham, York, Peel and Toronto) in Terrestrial Natural Heritage. Future costs are estimated at a total of $42,000 for 2010, not including in-kind contributions from staff in other divisions. Some funding will come from municipal capital under Natural Heritage. Staff will also seek funding through other sources. Report prepared by: Lionel Normand, extension s: lnormand@trca.on.ca For Information contact: Lionel Normand, extension s: lnormand@trca.on.ca Date: September 22, 2009 RES.#B139/09 - Moved by: Seconded by: DON VALLEY BRICK WORKS Engineered biodredging system and nutrient management plan for ponds. Sole source contract to C&M Aquatics Ltd. for the design and implementation of an engineered biodredging system and nutrient management plan to clean out ponds at the Don Valley Brick Works. Ron Moeser Richard Whitehead THAT Toronto and Region Conservation Authority (TRCA) retain C&M Aquatics Ltd. to provide both products and services associated with the design and implementation of an engineered biodredging system and nutrient management plan for the Don Valley Brick Works ponds, through sole source purchasing, at a cost not to exceed $63,972 plus applicable taxes. CARRIED BACKGROUND The Don Valley Brick Works is a former quarry and industrial site situated in the Don River Valley in Toronto. The property is collectively managed as a natural area by the City of Toronto and TRCA. Restoration of the site in 1997 included the construction of a series of four online ponds. The ponds are fed by a diversion of nearby Mud Creek and are flanked by interconnected paths and interpretive signage. A site assessment in the fall of 2008 by C&M Aquatics concluded that the ponds are eutrophic and filling with organic sediments at a rate that will necessitate a costly physical clean-out within the next three to five years. To help reduce or eliminate the need for mechanical dredging, an innovative wastewater treatment technology is proposed. The proprietary technology, called the Blue Frog System, is a specialized type of electric aeration/circulation system that digests the accumulated organic sludge from the ponds anaerobically (biodredging), thereby reducing the amount of internal nutrient loading and increasing the overall depth of the pond. This technology has previously been used in Western Canada, the U.S. and Mexico in agricultural applications and for municipal wastewater treatment. The use of the system at the Brick Works ponds will be its first application in a naturalized environment. 895

29 The system costs significantly less than mechanical dredging and the technology also helps to prevent disturbance to flora and fauna in and around the pond. The Blue Frog System would be installed in parallel with Biohaven Floating Islands to help to manage nutrient levels in ponds. The floating islands use wetland plants and associated bacteria and organisms to tie up and assimilate nutrients, rendering them less available for nuisance species such as algae. In contrast to the Blue Frog System, the Biohaven Floating Islands are permanently installed for ongoing nutrient management. The Islands have been used in Ontario and other parts of Canada within stormwater ponds and in other applications to create habitat. Despite this, data on their performance is limited because in most applications of this product to date, the proponents did not intend to carry out extensive post-installation monitoring. A monitoring program, to be carried out by TRCA s Sustainable Technologies Evaluation Program, in partnership with C&M Aquatics is also planned in order to assess the benefits of these two innovative technologies. To date, C&M Aquatics have completed their assessment of the ponds and submitted a plan to address the issue with these two technologies. They have also provided a budget estimate for all the products and services that would be required to implement this plan. RATIONALE Implementing these innovative systems offers the opportunity to remediate the Don Valley Brick Works ponds and evaluate the performance of promising alternatives to the expensive and intrusive dredging practices that are commonly used. Staff is recommending award of the contract on a sole source basis as per Section of TRCA's Purchasing Policy as follows: The goods and services are only available from one source or one supplier by reason existence of exclusive rights (patent, copyright or licence) C&M Aquatics Ltd. has an exclusive distribution agreement with the manufacturers of Absolute Aeration, the manufacturer of the Blue Frog technology. Further, C&M Aquatics Inc. has agreed to provide in-kind support to the project by waiving fees for system design engineering, engineer supervision of system installation and some aspects of the monitoring program. FINANCIAL DETAILS The total cost to be paid to C&M Aquatics Ltd. for equipment and labour will not exceed $63,972 plus GST, and will be fully covered by funding provided by the City of Toronto to account Report prepared by: Lisa Rocha, extension s: lrocha@trca.on.ca For Information contact: Tim Van Seters, extension s: tvanseters@trca.on.ca Date: August 31,

30 RES.#B140/09 - Moved by: Seconded by: SHERWOOD PARK TRAIL IMPROVEMENTS Phase 3 - Award of Contract. Approval to act as sole sourced project manager and proceed with Phase 3 trail improvements at Sherwood Park within the City of Toronto. Ron Moeser Richard Whitehead THAT approval be granted to assume project management responsibilities as requested by the City of Toronto for Phase 3 trail improvements at Sherwood Park, City of Toronto; THAT the contract to implement the approved Phase 3 trail improvements be awarded to R&M Construction Ltd., subject to a negotiated contract price within the maximum upset limit of $100,000, plus applicable taxes; AND FURTHER THAT authorized officials be directed to take the action necessary to implement the project including obtaining any approvals and the signing and execution of documents. CARRIED BACKGROUND At Authority Meeting #1/08, held on February 28, 2008, Resolution #A3/08 was approved, authorizing staff to enter into a sole source agreement with the City of Toronto to facilitate the implementation of various natural environmental and other capital projects on behalf of the City. Included in this list was the request for Toronto and Region Conservation Authority (TRCA) to act as the contract administrator for the Sherwood Park Trail Improvements. Subsequently, R&M Construction Ltd. was retained by TRCA through a tender process to undertake the work as it was concluded that the proposal from R&M Construction best met the criteria set out in the tender and provided the best combination of value and services. The proposed trail improvements consisted of three phases. Due to capital budget restrictions, only Phases 1 and 2 were completed at that time. City of Toronto Economic Development, Culture, and Tourism staff has now requested that TRCA again act on their behalf to implement the final phase of the work, involving re-construction of a set of wooden steps. Design drawings and details are currently being prepared by the City's consultant, Schollen & Co. The consultant has established the estimated construction cost of the Phase 3 works at approximately $80,000. City staff has requested that R&M Construction Ltd. be engaged once again by TRCA to implement the final phase. The letter of request from City staff is outlined in Attachment 1. RATIONALE The City has asked that TRCA retain R&M Construction to complete the final phase of this work since: 1. The project site is located within a sensitive forested environment, with soils subject to erosion and groundwater discharge. Through their previous work, R&M has demonstrated a commitment to minimizing disturbance to the environment during construction. 897