INDEX TO EXECUTIVE COMMITTEE MINUTES #10/08. Friday, December 12, 2008

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1 INDEX TO EXECUTIVE COMMITTEE MINUTES #10/08 Friday, December 12, 2008 MINUTES Minutes of Meeting #9/08, held on November 7, PRESENTATIONS Soknacki, David, Chair of the Board of Directors, Parc Downsview Park Inc. re: Parc Downsview Park Secondary Plan Review and Watershed Management Initiatives 955 PARC DOWNSVIEW PARK SECONDARY PLAN REVIEW AND WATERSHED MANAGEMENT INITIATIVES 956 STORMWATER MANAGEMENT PONDS Environmental Protection During Clean Out 958 ONTARIO MUNICIPAL BOARD HEARING R & D Investments Incorporated and City of Toronto 960 GREENLANDS ACQUISITION PROJECT FOR Flood Plain and Conservation Component, Humber River Watershed Ontario Inc., CFN Kleinburg Residential Estates Ltd., CFN Flood Plain and Conservation Component, Rouge River Watershed Heather Ann Beare and Margaret Christina Beare, CFN TORONTO DON VALLEY BRICK WORKS Lease Amendment Agreement 973 OAK RIDGES CORRIDOR PARK Traffic Control Signal Installation 975 LONG TERM OFFICE ACCOMMODATION PROJECT Business Plan, Preliminary Site Planning and Design 977

2 RECOGNITION POLICY Amendment 979 YORK-PEEL-DURHAM-TORONTO/CONSERVATION AUTHORITIES MORAINE COALITION MEMORANDUM OF UNDERSTANDING 987 ONTARIO REGULATION 166/06 1 Lake Promenade, City of Toronto Lakeview Avenue, Town of Whitchurch-Stouffville 1018, Proctor Avenue, Town of Caledon Harper Gardens, City of Toronto Woodvale Crescent, City of Toronto Lakeside Avenue, City of Toronto Richland Crescent, City of Brampton Chestnut Crescent, City of Toronto Fallingbrook Crescent, City of Toronto Winter Road, Township of King Bannatyne Drive, City of Toronto Humbercrest Boulevard, City of Toronto Country Stroll Crescent, Town of Caledon Gayla Street, City of Vaughan Broda Drive, City of Vaughan Davies Crescent, City of Toronto Logan Avenue, City of Toronto Valleycreek Drive, City of Brampton Humberview Road, City of Toronto Sandringham Drive, City of Toronto Gwendolyn Crescent, City of Toronto Elmpine Trail, Township of King Old Yonge Street, City of Toronto Old Yonge Street, City of Toronto A Lyndhurst Avenue, City of Toronto B Lyndhurst Avenue, City of Toronto Worthview Drive, City of Vaughan Rodd Avenue, City of Pickering Eastern Avenue, City of Toronto Dundas St. East Ltd., City of Mississauga th Avenue, Town of Markham Humber Bridge Trail, City of Vaughan Bayview Avenue, Town of Markham Kennedy Road, Town of Caledon Duffy's Lane, Town of Caledon Ontario Inc., Town of Caledon 1011 Berkshire Glade Estates Inc. & Bay-Yonge Custom Builders Inc. (Armland Group) 1022 Box Grove Hill Developments Inc Dolomiti Estates Inc./Yongestar Custom Homes Inc Forestside Estates Inc. 1025

3 Lidia Developments Inc Markham, Town of 1043 Pickering, City of 1051 Port Mark Investments Ltd Regional Municipality of Peel 1015, 1048 Regional Municipality of York 1005, 1050 St. John's Rehabilitation Hospital 1035 Scarborough Golf & Country Club 1037 Toronto, City of 1051 University of Guelph - School of Engineering 1049 Vaughan, City of 1049 Westwood Mall (Mississauga) Limited 1048 Woodland Court Shopping Centre Inc York Major Holdings Inc REQUEST FOR DISPOSAL OF TORONTO AND REGION CONSERVATION AUTHORITY-OWNED LAND Rear of Various Residential Properties along Royalpark Way, East of Highway No. 27, south of Rutherford Road, CFN TH AVENUE ECOLOGICAL ENHANCEMENTS PROJECTS Regional Municipality of York Funding Agreements 1056 ARCHETYPE SUSTAINABLE HOUSE Electrical Work 1057 OUT OF COUNTRY TRAVEL Gord MacPherson 1058 OUT OF COUNTRY TRAVEL Laserfiche User Conference 1059 BLACK CREEK PIONEER VILLAGE Contract For Pioneer Brewery and Beer Museum 1060 INFORMATION TECHNOLOGY DISASTER PREVENTION AND RECOVERY PLAN Implementation 1064

4 MEETING OF THE EXECUTIVE COMMITTEE #10/08 December 12, 2008 The Executive Committee Meeting #10/08, was held in the South Theatre, Black Creek Pioneer Village, on Friday, December 12, The Chair Gerri Lynn O'Connor, called the meeting to order at 9:40 a.m.. PRESENT Maria Augimeri Rob Ford Suzan Hall Jack Heath Colleen Jordan Reenga Mathivanan Gerri Lynn O'Connor Anthony Perruzza Maja Prentice Richard Whitehead ABSENT David Barrow Ron Moeser Vice Chair Member Member Member Member Member Chair Member Member Member Member Member RES.#B143/08 - Moved by: Seconded by: MINUTES Jack Heath Rob Ford THAT the Minutes of Meeting #9/08, held on November 7, 2008, be approved. CARRIED PRESENTATIONS (a) A presentation by David Soknacki, Chair of the Board of Directors, Parc Downsview Park Inc., in regard to item Parc Downsview Park Secondary Plan Review and Watershed Management Initiatives. 955

5 RES.#B144/08 - Moved by: Seconded by: PRESENTATIONS Maria Augimeri Suzan Hall THAT above-noted presentation (a) be heard and received. CARRIED SECTION I - ITEMS FOR AUTHORITY ACTION RES.#B145/08 - Moved by: Seconded by: PARC DOWNSVIEW PARK SECONDARY PLAN REVIEW AND WATERSHED MANAGEMENT INITIATIVES The Authority has requested an update of the on-going construction and management of a stormwater management pond on the Parc Downsview Park lands. This report also addresses on-going Downsview Secondary Plan Review to include the Parc Downsview Park lands and surrounding area. Maria Augimeri Suzan Hall THE EXECUTIVE COMMITTEE RECOMMENDS THAT Parc Downsview Park (PDP) be commended for its initiatives to improve the water quality and quantity controls in the Black Creek subwatershed; THAT PDP be requested to contribute toward funding to Toronto and Region Conservation Authority's (TRCA) West Nile virus monitoring program for the purposes of monitoring the proposed stormwater management ponds and proposed lake; AND FURTHER THAT PDP and the City of Toronto be requested to include the following objective in the Downsview Secondary Plan Update: "Protect, restore, enhance and expand the form, features and functions of the natural heritage system as well as advance environmental stewardship and sustainable site and building design in the Secondary Plan study area.". CARRIED BACKGROUND At Authority Meeting #8/08, held on October 24, 2008, Resolution #A252/08 was approved as follows: THAT Toronto and Region Conservation Authority staff contact the staff of Parc Downsview Park (PDP) with a view to investigating the on-going construction and management of a pond on the Keele Street side of PDP, specifically the viability of the pond with respect to, but not limited to: health-related concerns (ie. West Nile virus); monitoring of algae and bacteria; effect of rain water; water management; 956

6 potential of degradation over time; AND FURTHER THAT staff report back at Executive Committee Meeting #9/08, scheduled to be held on November 7, This report responds to this request and will be accompanied by a presentation by the Chair of Parc Downsview Park Inc. Also included is an update on the Downsview Secondary Plan Review process. Water Management Initiatives In November 2007, PDP staff approached TRCA Planning and Development, and Ecology staff to provide technical review of the stormwater management system proposed to service a portion of the PDP and Bombardier lands located east of Keele Street and south of Sheppard Avenue West in the City of Toronto. PDP is proposing three pond-type facilities as part of the overall stormwater management strategy for the area. This strategy was reviewed by TRCA staff in October 2008 and meets TRCA water management objectives. The North Pond and South pond will receive runoff from the areas in the northeast and southern portions of the site that are planned to be redeveloped. The exact use and design of these redeveloped areas will be determined through the Secondary Plan Review (see below). These two ponds will function to provide settling of suspended sediment and pollutants. The North Pond and South Pond will also function in concert with the lake proposed on the west side of the park to detain runoff from the park lands and release it slowly to prevent any increase in flooding and erosion that could be caused by runoff from newly developed areas. All three facilities are proposed to continuously contain water; in the case of the North and South ponds this is necessary to achieve the water quality treatment function, whereas the lake requires a permanent water level to sustain its function as a landscape feature. While the PDP report outlining the strategy does not speak specifically to the issue of West Nile virus (WNV), large artificial bodies of water such as the proposed stormwater retention ponds are not typically considered to be significant breeding sites for mosquito species that transmit the virus, as noted on the City of Toronto Public Health web page. As part of its Regional Watershed Monitoring Program, TRCA operates an annual monitoring program for West Nile virus vector mosquitos that includes some stormwater management (SWM) ponds and natural wetlands. Results obtained over the past four years have indicated that although stormwater retention ponds may contain higher numbers of WNV vector species than natural wetlands, in most cases the density of larvae are usually low enough to preclude any risk to the public. Similar findings were obtained in 2008 during a particularly "wet" summer season. TRCA is currently looking for funding and partnerships in order to monitor additional SWM ponds, including an assessment of their design characteristics, habitat features and maintenance regime in order to determine any linkages between these variables and the presence and number WNV vector mosquitos. The proposed PDP ponds could be monitored as part of this program if requested. 957

7 With respect to "monitoring of algae and bacteria, effect of rain water, water management and potential degradation over time," TRCA staff has reviewed the stormwater management strategy for PDP and have verified that TRCA objectives are met with respect to water quality, erosion and flood control. In addition, the measures proposed to manage stormwater, including the proposed ponds, are consistent with provincial guidelines and are typical of development in the Greater Toronto Area and elsewhere in Ontario. TRCA staff has made PDP staff aware of the City of Toronto Wet Weather Flow Management Guidelines and the opportunities for the application of innovative lot and conveyance stormwater management measures during the planning and design of the development parcels. This is typically addressed through the Secondary Plan Review. Secondary Plan Review The City of Toronto is undertaking a review of the Downsview Area Secondary Plan which was initially approved in The boundary of the Secondary Plan is approximately 530 hectares in area and major landowners include PDP, Bombardier Aerospace, Department of National Defense and the City of Toronto. The review presents an opportunity to reassess the Secondary Plan in the context of the City s planning goals and objectives and to ensure the planning policies for this area are current and appropriate to guide future development. In particular, the review will consider the Spadina Subway Extension which will include a new subway station near Sheppard Avenue and the CN rail line which will connect with the GO Transit rail service between Barrie and downtown Toronto. As well, PDP, a major landowner within the Secondary Plan area, has evolved the development vision for their lands and would like this vision to be considered through the review. The vision includes a Comprehensive Park Plan, December 2007 and Sustainable Community Development Guidelines, December A consulting team has been retained by the City to assist with the review. Public and agency consultation includes the formation of a community liaison committee to include a small group of residents, businesses and local agencies as well as a Technical Review Committee. TRCA staff is included on the Technical Review Committee and has to date taken part in various site visits and provided natural heritage system data to the City. Staff has raised the importance of protecting, restoring, enhancing and expanding the natural heritage system in the study area, including the provision of water quality and quantity, and terrestrial and aquatic enhancements to the Black Creek watershed, as well as the protection and enhancement of existing woodlots. The Secondary Plan Review is expected to be presented in draft in mid Report prepared by: Steven Heuchert, extension s: sheuchert@trca.on.ca For Information contact: Steven Heuchert, extension s: sheuchert@trca.on.ca Date: November 28, 2008 RES.#B146/08 - STORMWATER MANAGEMENT PONDS Environmental Protection During Clean Out. To clarify the Toronto and Region Conservation Authority role in the clean out of stormwater management ponds to ensure the environment is protected. 958

8 Moved by: Seconded by: Jack Heath Rob Ford THE EXECUTIVE COMMITTEE RECOMMENDS THAT Toronto and Region Conservation Authority (TRCA) staff continue to review the environmental protection measures applied for the management of environmental impacts that may arise during clean out of stormwater management ponds in regulated areas or that discharge to regulated areas. CARRIED BACKGROUND At Executive Committee Meeting #8/08, held on October 3, 2008, a permit provided to a municipality for clean out of a stormwater management (SWM) pond was discussed, and specifically whether TRCA monitors the environment during the clean out process and how TRCA ensures water discharged from a SWM pond during removal of accumulated sediments would not degrade water quality in receiving streams. Staff was asked to report back to the Executive Committee on environmental protection during the clean out of SWM ponds. SWM ponds are designed to settle sediment to protect downstream water quality and typically operate for a number of years (10 years minimum) before requiring the pond to be cleaned to remove the accumulated sediment. In order to clean out a pond, the water levels would be drawn down, and inflows to the pond would temporarily bypass the facility. The pond is then cleaned by means of excavating equipment to restore its storage capacity and operating characteristics. The removal of large volumes of sediment as well as discharge of sediment-laden water during clean out operations poses a risk of to natural systems, unless such activities are undertaken in a manner that minimizes the risk and potential impact to the natural environment. Under the Ontario Water Resources Act, the clean out of sediment control ponds is the responsibility of the owner of the facility (typically the municipality in which the facility is located), and each clean out operation should be undertaken as a Class Environmental Assessment Schedule A which covers on-going maintenance activities and characterization of sediment quality. The municipality would be required to prepare all plans, ensure all approvals are obtained, manage or undertake the clean out operations, and ensure the environmental systems are not adversely affected as a result of these operations. Where the SWM pond is in a regulated area, or clean out operations are proposed that will discharge water into an area regulated under Ontario Regulation 166/06 - Development, Interference with Wetlands and Alterations to Shorelines and Watercourses, TRCA requires an application for a permit. In advance of approving a permit, TRCA reviews and comments on the proposed operations and environmental controls in order to ensure water quality is protected and the natural environment is not adversely affected. Specifically, staff would review and provide comments on sediment and erosion control plans, dewatering activities, flow management and restoration of the natural environment after completion of works. 959

9 RATIONALE TRCA is involved in pond clean out applications for facilities which are located within regulated areas or which discharge to regulated areas. TRCA permits the SWM Pond clean out operations in regulated areas in accordance with our regulations, policies and guidelines in order to ensure our environmental protection and enhancement objectives are achieved, in much the same manner as any other type of activity in our regulated areas. This requires the proponent to prepare environmental management plans that provide details on the methodology for cleaning the pond, the various types of measures to be used to isolate the work area, and details of how discharges from the pond will be filtered or otherwise treated prior to discharge into a valley or stream corridor. Proposed measures are evaluated by TRCA staff for their efficacy in treating the discharge in order to achieve Ministry of the Environment water quality objectives, at a minimum. TRCA enforcement staff will inspect the progress of the clean out works at various times during the duration of the works, and where an adverse environmental impact is noted, staff will work with the municipality to provide recommendations for alternative measures to mitigate these impacts. These clean out works are of relatively short duration and with the current procedures for review and revisions of SWM pond clean out plans, as well as field inspections during clean out operations, staff is satisfied that these measures are adequate to ensure environmental impacts are minimized. Report prepared by: Michael Heralall, extension mheralall@trca.on.ca For Information contact: Michael Heralall, extension mheralall@trca.on.ca Date: December 01, 2008 RES.#B147/08 - Moved by: Seconded by: ONTARIO MUNICIPAL BOARD HEARING R & D Investments Incorporated and City of Toronto. Authorization for Toronto and Region Conservation Authority staff to obtain Party Status before the Ontario Municipal Board on referrals related to a draft plan of subdivision and zoning by-law amendment applications under the Planning Act, to permit a residential development at 0 Sheppard Avenue East (lands adjacent to 33 Boydwood Lane). Maja Prentice Jack Heath THE EXECUTIVE COMMITTEE RECOMMENDS THAT authorization be given for Toronto and Region Conservation Authority (TRCA) staff to obtain Party Status before the Ontario Municipal Board regarding proposed plan of subdivision and zoning by-law amendment applications and any other associated applications under the Planning Act, to permit a residential development at 0 Sheppard Avenue East (lands adjacent to 33 Boydwood Lane), that is not in conformity with policies of the Rouge Park Management Plan (1994); 960

10 THAT staff continue to work cooperatively with the City of Toronto and the appellants to ensure that the requirements of the Rouge Park Management Plan are met; THAT staff be authorized to retain legal counsel to pursue this appeal before the OMB; AND FURTHER THAT the OMB and all parties and participants to the hearing be so advised. CARRIED BACKGROUND The subject lands are located in the vicinity of Boydwood Lane/Sheppard Avenue East and include a portion of valley floor, valley slope and watercourse (Rouge River) (Attachment 1). The applicant has indicated that the existing property was historically used as one single family residence. The original dwelling was demolished several years ago. The eastern portion of the property is regulated under Ontario Regulation 166/06 and is located within the boundaries of Rouge Park as defined in the Rouge Park Management Plan. The applicant is proposing to subdivide the existing one lot (tableland portion) into six single family residential lots to be serviced by a new public roadway (cul-de-sac). The Planning Act application is to amend the zoning by-law of the former City of Scarborough to permit six new lots and a public road where currently the zoning permits only one single family dwelling. The application has been appealed to the OMB by the proponents of the application for the City of Toronto s failure to render a decision on the application within the review period allotted by the Planning Act. TRCA staff has submitted comments on the application to Toronto's City Planning Division and to the applicant. Staff comments explain that staff do not support the application on the basis that the redevelopment does not provide a 30 metre buffer from the stable top of bank which is the standard buffer promoted by the Rouge Park Management Plan (1994). The applicant proposes a 10 metre buffer from the staked top of bank to the edge of the proposed lots. In addition, TRCA staff has raised concern over the long term stability of the slope in the vicinity of the proposed lots and have requested a new geotechnical study be prepared by the applicant. TRCA staff has consulted with Rouge Park staff as well as staff from the Ministry of Municipal Affairs and Housing (MMAH) regarding the intent of the Greenbelt Plan and the Rouge Park policies contained within it. TRCA staff met with the applicant to discuss TRCA comments on the application. RATIONALE A three day hearing has been set by the OMB for February 11, City of Toronto legal staff is preparing a report to Council recommending that City staff be directed to retain the necessary expert witnesses to oppose the proposed subdivision and zoning amendment at the OMB. 961

11 DETAILS OF WORK TO BE DONE Staff is requesting the authorization of the Authority to represent TRCA interests and provide expert advice to the City of Toronto in order to defend the policies of the Rouge Park Management Plan at a future OMB hearing. Staff will continue to work with the parties and participants to the hearing to resolve the issues, and will represent TRCA interests in advance of the hearing. We anticipate that our legal costs will be streamlined in this case. Report prepared by: Mark Rapus, extension mrapus@trca.on.ca For Information contact: Carolyn Woodland, extension cwoodland@trca.on.ca Date: November 28, 2008 Attachment: 1 962

12 Attachment 1 Boydwood La Hwy 401 Rouge Park Regulation Limit 963

13 RES.#B148/08 - GREENLANDS ACQUISITION PROJECT FOR Flood Plain and Conservation Component, Rouge River Watershed Heather Ann Beare and Margaret Christina Beare, CFN Purchase of property, fronting on the east side of Beare Road north of Finch Avenue East, City of Toronto in the Rouge River watershed. Moved by: Seconded by: Jack Heath Suzan Hall THE EXECUTIVE COMMITTEE RECOMMENDS THAT 1.62 hectares (4.00 acres), more or less, consisting of a rectangular shaped parcel of vacant land, said land being Part of Lot 2, Concession 4 (formerly City of Scarborough), City of Toronto, be purchased from Heather Ann Beare and Margaret Christina Beare; THAT the purchase price be $493,000; THAT acquisition by Toronto and Region Conservation Authority (TRCA) is conditional on all necessary funding being available from the City of Toronto and terms and conditions satisfactory to TRCA staff and solicitors; 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 Rouge Park Alliance be so advised. CARRIED BACKGROUND Resolution #A260/05 at Authority Meeting #9/05, held on November 25, 2005, approved the Greenlands Acquisition Project for The subject property is 1.62 hectares (4.00 acres) in total size and is located immediately north of Finch Avenue East in the City of Toronto and is composed of two lots. The north lot is owned by Heather Ann Beare and the south lot is owned by Margaret Christina Beare. Both lots are vacant land without any improvements. The subject property is in the Rouge River watershed and Rouge Park. Negotiations have been conducted with the owners through their realtor, who represents both parties. The agreement is conditional on the availability of funding. The offer at hand is supported by an appraised value based on independent valuations. Attached is a plan showing the location of the subject lands. 964

14 RATIONALE The subject property falls within TRCA's approved master plan for acquisition for the Rouge River watershed as outlined in the approved Greenlands Acquisition Project for It also meets the Rouge Park objective to consolidate private lands within the park into public ownership when opportunities arise. Overall the subject property provides a link to neighboring TRCA-owned lands which are to the south, east and west portion of the subject property. The subject property is primarily meadow with a small wetland pocket being subject to existing TRCA regulation. This purchase would prevent two potential private applications on these lots and it would simultaneously provide a unique opportunity to expand the Rouge Park. TAXES AND MAINTENANCE This property will be turned over to the City of Toronto under the terms of the existing management agreement. FINANCIAL DETAILS The subject property was identified on the list of properties approved by the City of Toronto to be funded from the City's Land Acquisition for Source Water Protection Reserve. The city will fund up to 100% of the costs of the acquisition for properties on the list located within its boundaries. Expenditures related to this acquisition will be charged to account Report prepared by: Dan O'Donohue, extension do'donohue@trca.on.ca For Information contact: Dan O'Donohue, extension 5767, Ron Dewell, extension s: do'donohue@trca.on.ca, rdewell@trca.on.ca Date: November 19, 2008 Attachments:1 965

15 Attachment 1 966

16 RES.#B149/08 - GREENLANDS ACQUISITION PROJECT FOR Flood Plain and Conservation Component, Humber River Watershed Ontario Inc., CFN Purchase of property located south of Major Mackenzie Drive and east of Pine Valley Drive, City of Vaughan, Regional Municipality of York, under the "Greenlands Acquisition Project for ", Flood Plain and Conservation Component, Humber River watershed. Moved by: Seconded by: Colleen Jordan Reenga Mathivanan THE EXECUTIVE COMMITTEE RECOMMENDS THAT 0.85 hectares (2.10 acres), more or less, of vacant land being Part of Lot 19, Concession 6 and designated as Part 3 on Plan 65R-29670, City of Vaughan, Regional Municipality of York, located south of Major Mackenzie Drive and east of Pine Valley Drive, be purchased from 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 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 Negotiations have been conducted with the owner's consultant, Ms. Rosemarie Humphries of Humphries Planning Group Inc.. Attached is a plan showing the location of the subject lands. Access to the subject lands will be available directly from Pine Valley Drive. 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 Through the review of subdivision 19T-97V15 for proposed single lot residential development of this site, TRCA staff established the limits of the open space lands (i.e. Part 3 on Plan 65R-29670) which are comprised of the valley corridor of a tributary of the East Humber River at this location. 967

17 TAXES AND MAINTENANCE Based on our preliminary review of the environmental criteria for lands that are eligible to receive a property tax exemption under the provincial Conservation Land Tax Incentive Program, it would appear that all of the subject property would be eligible for exemption for the 2009 taxation year. 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: 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: November 20, 2008 Attachments: 1 968

18 Attachment 1 969

19 RES.#B150/08 - GREENLANDS ACQUISITION PROJECT FOR Flood Plain and Conservation Component, Humber River Watershed Kleinburg Residential Estates Ltd., CFN Purchase of property located north of Nashville Road, east of Huntington Road, City of Vaughan, Regional Municipality of York, under the "Greenlands Acquisition Project for ", Flood Plain and Conservation Component, Humber River watershed. Moved by: Seconded by: Colleen Jordan Reenga Mathivanan THE EXECUTIVE COMMITTEE RECOMMENDS THAT 6.85 hectares (16.93 acres), more or less, of vacant land being Part of Lots 26 and 27, Concession 9 and designated as Blocks 23 and 25 on a Draft Plan of Subdivision prepared by Ted Van Lankveld, Ontario Land Surveyors, under their Job No , dated December 3, 2007, City of Vaughan, Regional Municipality of York, located north of Nashville Road, east of Huntington Road, be purchased from Kleinburg Residential Estates 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 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 Negotiations have been conducted with the owner's consultant, Ms. Rosemarie Humphries of Humphries Planning Group Inc.. 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 Through the review of subdivision 19T for proposed estate residential development of this site, TRCA staff established the limits of the open space lands (i.e. Blocks 23 and 25 on Draft Plan of Subdivision) which are comprised of the valley corridor and tableland buffer of the Humber River at this location. 970

20 TAXES AND MAINTENANCE Based on our preliminary review of the environmental criteria for lands that are eligible to receive a property tax exemption under the provincial Conservation Land Tax Incentive Program, it would appear that all of the subject property would be eligible for exemption for the 2009 taxation year. 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: 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: November 20, 2008 Attachments: 1 971

21 Attachment 1 972

22 RES.#B151/08 - Moved by: Seconded by: TORONTO DON VALLEY BRICK WORKS Lease Amendment Agreement. Recommends approval of amendments to the lease of the Toronto Don Valley Brick Works to Evergreen. Colleen Jordan Reenga Mathivanan THE EXECUTIVE COMMITTEE RECOMMENDS THAT a lease amending agreement, and other agreements, with Evergreen, the City of Toronto, the Weston Foundation and the Ontario Heritage Trust as may be reasonably required, be approved subject to the following: 1. extend the dates in the Brick Works lease with Evergreen and the City by which the conditions and work at the Leased Premises is to be completed and satisfied, but in no event are such dates to go beyond December 31, 2010; 2. amend the aforesaid lease to include in the Leased Premises certain subsurface areas, or to grant subsurface easements and rights, from time to time as required for the construction of the improvements as contemplated by the aforesaid lease on the Leased Premises; 3. amend the aforesaid lease to reduce the maximum price of construction contracts between Evergreen and its contractors from $42,000,000 to $30,750,000, plus applicable taxes; 4. amend the requirement for Evergreen to produce evidence of its receipt of $42,000,000 or that $42,000,000.00, inclusive of contingencies, has been allocated by Evergreen to the completion of the improvements on the Leased Premises by changing $42,000, to $30,750,000 plus contingencies of $6,200,000; 5. amend other agreements involving the Leased Premises as may be required, including those with the Ontario Heritage Trust, to be consistent with and in compliance with the amendments in items noted above; 6. amend any prior authorizations of Toronto and Region Conservation Authority (TRCA) to permit staff to negotiate or settle terms of financing arrangements, including leasehold mortgages and guarantees as provided in the aforesaid lease to reflect the provisions of this resolution; 7. make such other amendments to the lease agreement as may be reasonably necessary in connection to the lease, satisfactory to staff and its solicitor; THAT the lease amendment with regard to the Leased Premises be subject to approval of the City of Toronto; THAT the lease amendment be subject to obtaining approval of the Minister of Natural Resources in accordance with Section 21(2) of the Conservation Authorities Act and section 42 of the Expropriations Act; AND FURTHER THAT authorized TRCA officials be directed to take such action as is necessary to implement the lease amendment agreement and other agreements including the signing and execution of documents. CARRIED BACKGROUND On July 28, 2006, the Authority approved resolution A171/06 as follows: 973

23 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; 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 $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.O.1990, E.26; 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. Also, the Executive Committee at its meeting on November 14, 2008, approved the Evergreen application for permits. RATIONALE Staff has been working with representatives of Evergreen and the City of Toronto to implement the lease agreement. City of Toronto Council has approved recommendations from City staff to implement the amendments to the lease agreement concurrent with the proposed amendments listed in the recommendation. The effect of the changes is to create a two-phase construction schedule. The lease requires Evergreen to secure substantial federal and provincial funding which they have done. To continue the private sector fundraising, it is important that Evergreen demonstrate that the project is progressing. By separating the site mobilization and building stabilization from what was previously deemed to be an "official Construction Start", Evergreen has additional time to finalize the project financing and establish construction contracts. All of the preconditions in the lease must still be fulfilled. 974

24 The value of the construction work has been reduced as Evergreen has acquired more accurate pricing information since the lease was executed about 10 months ago. Evergreen has completed three cycles of costing, using two different approaches to estimating (trade pricing and quantity surveying). The project is now estimated to cost $37,800,000 including contingencies. The lease contained a clause that required Evergreen to provide evidence to TRCA/City that funding in the full project amount of $42,000,000 had been secured. With the cost reduction, the lease will be amended so that Evergreen will be required to provide evidence of funding of $37,800,000. Under the terms of the existing lease, the area to be leased by Evergreen is "above ground" as requested by Evergreen. Evergreen is now proposing to lease certain below grade portions of the leased area to accommodate footings for various structures. Accordingly, the lease must be amended to accommodate the additional leased area. This will require approval of the Minister of Natural Resources. Staff will make the necessary application and anticipate approval since the above grade leased area remains unchanged. Evergreen will be responsible for any environmental or other risks associated with the below grade leased area. There are no changes to the scope of the project, the requirement for $18.4 million of Interim Financing nor to the TRCA/City joint and several loan guarantee of $7,500,000 previously approved by the Authority. All other terms and conditions of the lease will remain substantially the same being adjusted only as necessary to implement the foregoing. FINANCIAL DETAILS There are no additional financial implications for TRCA as a result of the amendment of the lease. Report prepared by: Jim Dillane, extension s: jdillane@trca.on.ca For Information contact: Jim Dillane, extension s: jdillane@trca.on.ca Date: December 2, 2008 RES.#B152/08 - Moved by: Seconded by: OAK RIDGES CORRIDOR PARK Traffic Control Signal Installation. Reimbursing the Region of York for the cost to install a traffic signal, signs, line markings and controller cabinet on Yonge Street to facilitate a safe pedestrian crossing for users of the Oak Ridges Corridor Park. Colleen Jordan Reenga Mathivanan 975

25 THE EXECUTIVE COMMITTEE RECOMMENDS THAT Toronto and Region Conservation Authority (TRCA) reimburse the Regional Municipality of York in the amount of $115, plus applicable taxes, for the installation of a traffic signal and associated signs, line markings and controller cabinet for users of the Oak Ridges Corridor Park. CARRIED BACKGROUND The Oak Ridges Corridor Park, totalling 1,057 acres (428 ha) is a provincially-owned parcel of land acquired as a result of a land exchange with private landowners in the Town of Richmond Hill. The purpose of the land exchange was to protect the last remaining natural corridor link between the eastern and western parts of the Oak Ridges Moraine in the Town. Maintaining these lands as open space ensures continuity across the moraine in Richmond Hill. At the request of the Province of Ontario, through the Ministry of Municipal Affairs and Housing, TRCA was asked to develop a management plan for the property with the objective that the lands be managed to protect and restore natural ecosystems, and that a five kilometre pedestrian trail be designed and built across the lands (the spine trail). An advisory committee was formed in June 2005 and the Oak Ridges Corridor Park Management Plan was finalized in early Additionally, the construction of the east-west primary spine trail was completed in 2007, prior to the formal land transfer to the Province. The land transfer is now complete. Currently, discussions are ongoing between the Province and TRCA to have TRCA manage the land. The former private landowners were required to contribute $3.5 million as part of the land exchange. This money is to be used to initiate habitat restoration work and construct the east-west spine trail. Considerable effort was made to locate the spine trail in areas that would not impact the sensitive habitats or detract from the ability of the land to function as a wildlife corridor. TRCA worked with the Regional Municipality of York to identify a safe pedestrian access location across Yonge Street within the boundaries of the subject property. RATIONALE Yonge Street is a regional road and, as such, traffic control signals are governed by York Region. TRCA considers this a noncompetitive procurement, as per Section and Section of TRCA's Purchasing Policy whereby the required goods and services have been arranged by York Region who have the special knowledge, skills and experience, and statutory responsibility, for providing the required goods and services. However, the Region of York did invite tenders for the traffic signal and associated signs, line markings and controller. Eight companies expressed an interest in the project. Seven companies submitted a bid. York Region accepted the lowest quote submitted by D.J. Charlton Power and Line Construction. Three invoices have been received from the Region of York as follows: DETAILS OF WORK COST (including taxes) Supply and install traffic control signals $103, Install traffic signs and line markings $8,640,48 Supply and install traffic controller cabinet $12, TOTAL $124,

26 Total project cost is $115, plus PST. Funds are available from the $3.5 million originally given by the private landowners to initiate habitat restoration work and construct the east-west spine trail. Provincial officials have approved of the use of these funds for the traffic signalization as part of the trail system. The account code is Report prepared by: Gary Wilkins, extension s: For Information contact: Gary Wilkins, extension s: Date: December 4, 2008 RES.#B153/08 - Moved by: Seconded by: LONG TERM OFFICE ACCOMMODATION PROJECT Business Plan, Preliminary Site Planning and Design. Recommends direction to staff to begin preliminary site planning and design phase for new office space located in the vicinity of the Black Creek Pioneer Village, finalize business plan and complete other activities. Jack Heath Reenga Mathivanan THE EXECUTIVE COMMITTEE RECOMMENDS THAT staff be directed to: 1. begin the preliminary site planning and design phase for the location of new office space, meeting City of Toronto's Green Development Standard, Leadership in Energy and Environmental Design (LEED) standard or equivalent, to be located in the parking lot vicinity of Black Creek Pioneer Village (BCPV); 2. finalize a detailed business and financial plan to secure funding for the project; 3. work with Toronto and Region Conservation Authority (TRCA) funding partners to determine funding opportunities and requirements; AND FURTHER THAT the working group and staff report to the Executive Committee at regular intervals on the status of the project. CARRIED BACKGROUND At Executive Meeting #8/08, held on November 7, 2008, a presentation was made and discussion took place on the Long Term Office Accommodation Project. This included a presentation from Mr. Robert Lewis of Integra Project Services Limited, outlining the facilities definition program and its conclusions together with a presentation from Mr. Bruce Wills from CB Richard Ellis Limited who outlined the cost estimate and market analysis. At Meeting #1/08, held on October 24, 2008, the Long Term Office Accommodation Working Group was presented with a report dealing with the facility definition program and preliminary building evaluation, and adopted the following resolution: 977

27 THAT the report on Toronto and Region Conservation Authority's (TRCA) long term office accommodation requirements dated October 15, 2008, be received. Staff was requested to provide details of the information presented to the working group on October 24, 2008, and to have a further meeting with the working group. The meeting was subsequently scheduled for November 28, At Authority Meeting#4/08, held on May 23, 2008, Resolution #127/08 was approved, as amended, as follows: THAT a Long Term Office Accommodation Working Group consisting of Toronto and Region Conservation Authority (TRCA) Members representative of the participating municipalities including the Chair, be created to support and guide staff in development and implementation of the Long Term Office Accommodation project; THAT staff include in the capital budget projections funding for the project; THAT the Working Group include Chair Gerri Lynn O'Connor, Councillor Ron Moeser, Councillor Maria Augimeri, Deputy Mayor Jack Heath and Councillor John Sprovieri; (Mr. Brian Bertie as since been added) AND FURTHER THAT the working group and staff report back to the Executive Committee no later than December 31, RATIONALE The Long Term Office Accommodation Working Group has met on two occasions, most recently, November 28, 2008, when the working group agreed that there was a need for the project to be located in the vicinity of the parking lot at BCPV. Further, the working group and staff agreed that a detailed business and financial plan demonstrating needs and opportunities was critical. Also, the plan will set out the phases of the project. Further meetings of the working group have been scheduled. FINANCIAL DETAILS As directed in May of 2008, staff included in TRCA capital budget plans provision to fund long term office accommodation needs. In 2009, $1 million was identified and $2 million in each year to The capital budget process does not extend beyond 10 years but staff expected that the $2 million per year would have extended out another 10 years. The amount identified in the budget was a very preliminary estimate based on available information which suggested long term office accommodation capital costs of about $35 million. Staff has discussed the long term office accommodation project with some senior financial staff among TRCA's participating municipalities. The current economic uncertainty has made it difficult to assess future sources of funding. Staff has been advised that a meeting with senior financial staff from the City of Toronto and the regions of Peel, York and Durham early in 2009 would be appropriate. The meetings would explore funding sources and methods of raising the necessary capital under the requirements of the Conservation Authorities Act. Also, the prospect of federal and/or provincial funding for capital projects which might act as an economic stimulus would be considered. 978

28 Staff continue to explore partnership opportunities and this will have an important impact on funding of the project. Again, economic conditions impact these discussions. The status of 2009 capital funding requested of TRCA's municipal partners is as follows: City of Toronto staff and budget committee have turned down the request. The City Manager has agreed to meet early in 2009 to consider the project. Region of Peel staff has recommended the Peel share of the project subject to receipt of a satisfactory business plan and agreement of the other partners. Region of York staff is considering the project. Region of Durham has yet to deal with the TRCA budget. The regional share is modest, reflecting that the current value assessment factor for Durham is about 3%. In the absence of funding approval of the long term office accommodation project by the major participating municipalities, staff is proposing to fund the preliminary design and planning using existing funding in the facilities retrofit account In 2009, the estimate is that about $500,000 would be available to undertake work in relation to the long term office accommodation project. DETAILS OF WORK TO BE DONE Detailed business and financial plan to be prepared setting out phases for completion of the project. Begin preliminary site planning and design work; retain appropriate consultants pursuant to TRCA'S Purchasing Policy. Meetings with municipal funding partners. Continue discussions with potential building partners. Report prepared by: Jim Dillane, extension 6292; Ron Dewell, extension s: jdillane@trca.on.ca; rdewell@trca.on.ca For Information contact: Jim Dillane, extension 6292; Ron Dewell, extension s: jdillane@trca.on.ca; rdewell@trca.on.ca Date: December 2, 2008 RES.#B154/08 - Moved by: Seconded by: RECOGNITION POLICY Amendment. Amendment to the eligible gifts awarded under the Recognition Policy. Jack Heath Suxan Hall THE EXECUTIVE COMMITTEE RECOMMENDS THAT the Recognition Policy, dated November 19, 2008, as amended and set out in Attachment 1, be approved. 979