INDEX TO AUTHORITY MEETING #11/12. Friday, January 25, 2013

Transcription

1 INDEX TO AUTHORITY MEETING #11/12 Friday, January 25, 2013 MINUTES Minutes of Meeting #10/12, held on January 4, DELEGATIONS A delegation by Ms. Liz White, Director, Animal Alliance of Canada, re: Double-crested Cormorants 538 A delegation by Mr. Barry MacKay, Canadian Representative, Born Free USA, re: Double-crested Cormorants 538 A delegarion by Mr. Kevin O'Connor, President, Friends of the Rouge Watershed, re: Rouge National Urban Park 538 PRESENTATION A presentation by Laurie Nelson, Senior Manager, Development, Planning and Policy, TRCA re: The Living City Policies for Planning and Development in the Watersheds of Toronto and Region Conservation Authority - Draft 539 CORRESPONDENCE De Baeremaeker, Glenn, Councillor, City of Toronto re: Enbridge Pipelines Inc., Line 9B Reversal and Capacity Expansion Project 539 MUD CREEK RESTORATION PROJECT 541 MEADOWCLIFFE DRIVE SLOPE STABILIZATION PROJECT Contract RSD DOUBLE-CRESTED CORMORANTS 2012 Management Summary and 2013 Management Strategy 545 ENBRIDGE PIPELINES INC., LINE 9B REVERSAL AND CAPACITY EXPANSION PROJECT 552

2 HIGH ROPES ADVENTURE COURSE AND ZIP LINE Lease of Lands to Treetop Trekking Inc. 552 GREENLANDS ACQUISITION PROJECT, Flood Plain and Conservation Component, Lake Ontario Waterfront Pickering Harbour Company (Limited) 558 THE LIVING CITY POLICIES FOR PLANNING AND DEVELOPMENT IN THE WATERSHEDS OF TORONTO AND REGION CONSERVATION AUTHORITY - DRAFT Public and Stakeholder Consultation 562 CLAIREVILLE HEIGHTS LIMITED Request for a Temporary Licence Agreement to Provide Access for Construction Humber River Watershed, City of Brampton, Regional Municipality of Peel 562 BLACK CREEK PIONEER VILLAGE Physical Plant Standards Policy 564 ECOENERGY INNOVATION INITIATIVE (ECO II) - RENE SUMMARY OF PROCUREMENTS July 1, 2012 to December 31, GOOD NEWS STORIES 577 IN THE NEWS October - December WATERSHED COMMITTEE MINUTES ETOBICOKE-MIMICO WATERSHED COALITION Minutes of Meeting #3/12, held on September 20, Minutes of Meeting #4/12, held on December 13, HUMBER WATERSHED ALLIANCE Minutes of Meeting #4/12, held on December 4, PARTNERS IN PROJECT GREEN STEERING COMMITTEE Minutes of Meeting #3/12, held on October 4, ONTARIO REGULATION 166/ GOOSE MANAGEMENT 582

3 MEETING OF THE AUTHORITY #11/12 January 25, 2013 The Authority Meeting #11/12, was held in Weston Room B, Black Creek Pioneer Village, on Friday, January 25, The Vice Chair Maria Augimeri, called the meeting to order at 9:33 a.m. PRESENT Maria Augimeri David Barrow Ben Cachola Bob Callahan Raymond Cho Ronald Chopowick Vincent Crisanti Michael Di Biase Chris Fonseca Jack Heath Mujeeb Khan Gloria Lindsay Luby Glenn Mason Mike Mattos Linda Pabst John Parker Anthony Perruzza Dave Ryan Deb Schulte John Sprovieri Cynthia Thorburn Jim Tovey Richard Whitehead ABSENT Paul Ainslie Glenn De Baeremaeker Colleen Jordan Peter Milczyn Gerri Lynn O'Connor Vice Chair Chair 537

4 RES.#A252/12 - Moved by: Seconded by: MINUTES Gloria Lindsay Luby Dave Ryan THAT the Minutes of Meeting #10/12, held on January 4, 2013, be approved. CARRIED DISCLOSURE OF PECUNIARY INTEREST (1) Ronald Chopowick declared a pecuniary interest in regard to item AUTH7.4 - Engridge Pipelines Inc., Line 9B Reversal and Capacity Expansion Project as his wife owns shares in Enbridge. (2) Gloria Lindsay Luby declared a pecuniary interest in regard to item AUTH7.4 - Engridge Pipelines Inc., Line 9B Reversal and Capacity Expansion Project as she owns shares in Enbridge. DELEGATIONS (a) (b) (c) A delegation by Ms. Liz White, Director, Animal Alliance of Canada, speaking in regard to item AUTH7.3 - Double-crested Cormorants. A delegation by Mr. Barry MacKay, Canadian Representative, Born Free USA, speaking in regard to item AUTH7.3 - Double-crested Cormorants. A delegation by Mr. Kevin O'Connor, President, Friends of the Rouge Watershed, speaking in regard to the Rouge National Urban Park. RES.#A253/12 - Moved by: Seconded by: DELEGATIONS Linda Pabst Ronald Chopowick THAT above-noted delegations (a) - (b) be received. RES.#A254/12 - DELEGATIONS CARRIED Moved by: Seconded by: Jack Heath John Parker THAT above-noted delegation (c) be received. CARRIED 538

5 PRESENTATIONS (a) A presentation by Laurie Nelson, Senior Manager, Development, Planning and Policy, TRCA in regard to item EX7.1 The Living City Policies for Planning and Development in the Watersheds of Toronto and Region Conservation Authority - Draft. RES.#A255/12 - Moved by: Seconded by: PRESENTATIONS Michael Di Biase Mujeeb Khan THAT above-noted presentation (a) be received. CARRIED CORRESPONDENCE (a) A letter from Councillor Glenn De Baeremaeker, in regard to item AUTH7.4 - Enbridge Pipelines Inc., Line 9B Reversal and Capacity Expansion Project. RES.#A256/12 - Moved by: Seconded by: CORRESPONDENCE Cynthia Thorburn David Barrow THAT above-noted correspondence (a) be received. CARRIED 539

6 CORRESPONDENCE (A) 540

7 SECTION I - ITEMS FOR AUTHORITY ACTION RES.#A257/12 - Moved by: Seconded by: MUD CREEK RESTORATION PROJECT Approval to enter into an Agreement with the City of Toronto to implement restoration works in Mud Creek. Mike Mattos Dave Ryan THAT approval be granted to enter into an agreement with the City of Toronto to implement restoration works in Mud Creek; THAT the agreement be subject to availability of funding from the City of Toronto; AND FURTHER THAT authorized Toronto and Region Conservation Authority (TRCA) officials be directed to take any action necessary to implement the agreement including obtaining any required approvals and the signing and execution of documents. CARRIED BACKGROUND The City of Toronto and TRCA have been concerned with the erosion issues affecting Mud Creek for several years. In 2010, a geomorphic assessment of Mud Creek was commissioned by Toronto Water titled Mud Creek Geomorphic Systems Master Plan. Mud Creek was divided into six reaches, each separated by culverts. A map of the delineated reaches is shown in Attachment 1. In the winter of 2012 TRCA implemented restoration works at the highest priority area, Reach 1, located at the most downstream limits of the creek adjacent to Evergreen at the Brick Works, using the design recommendations from the aforementioned Master Plan and funding from its 2012 erosion capital budget. Following the success of this project, Toronto Water and Parks, Forestry & Recreation (PF&R) staff asked TRCA to implement restoration works on behalf of the City of Toronto at additional priority areas, the next planned area being Reach 5, scheduled to commence in February The proposed work for Mud Creek Reach 5 includes a 24 m extension of a perched 1800 mm diameter corrugated metal culvert, the removal of failed gabion basket walls and bank stabilization with armourstone retaining walls and a vegetated rock buttress. The channel grade will be maintained with a plunge pool, armourstone retaining weirs and stone riffle features throughout the length of the reach. The primary intent is to improve the bank stability along Reach 5 and improved flow management, however secondary objectives include invasive species removal and intensive plantings with native vegetation for improved terrestrial habitat conditions. Future additional works will be implemented by TRCA at the request of the City of Toronto on a project-by-project basis, subject to confirmation of available funding and the receipt of all necessary permits and approvals. 541

8 RATIONALE PF&R staff has requested the assistance of TRCA's Restoration Services Division with the implementation of restoration works in Mud Creek based on TRCA's intimate knowledge of Mud Creek through ongoing annual monitoring and several past restoration projects, most recently Reach 1. The scope of work to be undertaken by TRCA consists of the following general tasks: 1. Prepare a Memorandum of Understanding (MOU) for the Mud Creek Restoration Project. 2. Provide detailed cost estimates for each identified project area (e.g. Reach 5). 3. Prepare, issue, award and manage all subcontracts for equipment, materials and services related to the construction of works. 4. Implement the works as per the approved designs. 5. Provide financial and other documentation as specified in the MOU. Recognizing that the City of Toronto is funding the implementation of the works, TRCA will adopt the City of Toronto's purchasing policy regarding the use of union and skilled trade workers for any subcontracted work. FINANCIAL DETAILS The preliminary budget for Reach 5 is estimated at $775,000 excluding HST, plus a 10% contingency to be expended by TRCA with permission from the City of Toronto. The cost of the project is 100% recoverable from the City of Toronto. Report prepared by: Moranne McDonnell, s: mmcdonnell@trca.on.ca For Information contact: Moranne McDonnell, s: mmcdonnell@trca.on.ca Date: January 04, 2013 Attachments: 1 542

9 Attachment 1 543

10 RES.#A258/12 - Moved by: Seconded by: MEADOWCLIFFE DRIVE SLOPE STABILIZATION PROJECT Contract RSD Award of Contract RSD for the supply and delivery of approximately 4,700 tonnes of armour stone. Mike Mattos Dave Ryan THAT Contract RSD for the supply and delivery of approximately 4,700 tonnes of 4-6 tonne armour stone to the Meadowcliffe Drive Slope Stabilization Project, in the City of Toronto, be awarded to J.C. Rock Limited for a total unit price of $48.48 per tonne and a total cost not to exceed $227,856.00, plus 10% contingency to be expended as authorized by TRCA staff, plus HST, it being the lowest bid that meets Toronto and Region Conservation Authority (TRCA) staff cost estimates and specifications; THAT should staff be unable to achieve an acceptable contract with the awarded supplier, staff be authorized to enter into and conclude contract negotiations with the other suppliers that submitted Quotations, beginning with the next lowest bidder meeting TRCA specifications; AND FURTHER THAT authorized TRCA officials be directed to take all necessary actions to implement the foregoing, including the signing and execution of any documents. CARRIED BACKGROUND The Meadowcliffe Drive Erosion Control Project is located along a portion of the Lake Ontario shoreline at the base of the Scarborough Bluffs west of Bellamy Ravine, in the City of Toronto. The purpose of the project is to provide long-term shoreline protection to reduce the impacts of wave energy, stabilize slopes, enhance natural processes and protect the residential properties on the top of the slope. As a result, risk to public safety and infrastructure will be reduced, passive recreational opportunities will be increased, and aquatic and terrestrial habitat conditions will be improved. The preferred option determined through the Class Environmental Assessment process is a shoreline treatment consisting of a cobble stone beach retained by four headlands, and an earth berm at the east end of the shoreline to provide enhanced erosion protection for the eastern most properties. The armour stone material will be used for the construction of Beach Cell One. RATIONALE Quotation packages were sent to 14 suppliers as follows: Brent Quarries B-Town Group CDR Young s Aggregate Inc. Dufferin Aggregates Earthco Soils Fowler Construction Glenn Windrem trucking J.C. Rock Limited 544

11 James Dick Construction Lafarge Aggregates Miller Group Nelson Aggregate Co. R.W. Tomlinson Ltd. Strada Aggregates Tender RSD was publicly advertised on the electronic procurement website Biddingo ( on December 18, Request for Tenders were opened on Friday January 4th, 2013 by the Tender Opening Committee with the following results: Contract RSD Supply and Delivery of Approximately 4,700 Tonnes of 4-6 Tonne Armour Stone BIDDERS TOTAL UNIT PRICE PER TONNE (Plus HST) TOTAL VALUE OF CONTRACT (Plus HST) J.C. Rock Limited $48.48 $227, C.D.R. Young s Aggregates Inc. $49.72 $233, Glenn Windrem Trucking $56.00 $263, Based on the bids received, staff recommends that J.C. Rock Limed be awarded Contract RSD for the supply and delivery of approximately 4,700 tonnes of 4-6 tonne armour stone for the unit cost of $48.48 per tonne and a total amount not to exceed $227,856.00, plus HST, it being the lowest bid that meets TRCA staff cost estimates and specifications. Contract RSD is subject to a 10% contingency to be expended as authorized by TRCA staff. FINANCIAL DETAILS Funds are available within account # from the Toronto Erosion Capital Budget. Report prepared by: Jordan Budway, s: jbudway@trca.on.ca For Information contact: James Dickie, s: jdickie@trca.on.ca Date: January 08, 2013 RES.#A259/12 - Moved by: Seconded by: DOUBLE-CRESTED CORMORANTS 2012 Management Summary and 2013 Management Strategy. Summary of 2012 management activities and 2013 management strategy for Double-crested Cormorants at Tommy Thompson Park. Ronald Chopowick Ben Cachola 545

12 THAT staff be directed to continue to work with the Cormorant Advisory Group to assist Toronto and Region Conservation Authority (TRCA) in addressing management concerns regarding colonial waterbirds at Tommy Thompson Park (TTP); THAT staff be directed to work with the Ontario Ministry of Natural Resources, Canadian Wildlife Service and any other required regulatory agency to seek approval for the 2013 management strategy for colonial waterbirds at TTP; THAT staff be directed to implement the proposed management strategy for 2013; THAT staff be directed to continue to actively participate in local, regional and binational committees/working groups addressing the management and protection of colonial waterbirds; AND FURTHER THAT staff report back to the Authority annually regarding the management of Double-crested Cormorants at Tommy Thompson Park. CARRIED BACKGROUND Tommy Thompson Park is an urban wilderness park located at the foot of Leslie Street in the City of Toronto. It supports the largest colony of Double-crested Cormorants (DCCO) in the Great Lakes Region, plus diverse communities of bird, fish, reptile, amphibian, mammal, and vegetation species. It has been formally designated as a globally significant Important Bird Area (IBA) and an Environmentally Significant Area (ESA #120). The Master Plan that guides the development of TTP includes the goal of conserving and managing the natural resources and environmentally significant areas of the park. While the DCCO colony adds to the diversity of the park and is environmentally significant, there are concerns about the impacts of DCCO on tree health and biodiversity in other areas at TTP. TRCA began a process to ensure the TTP Master Plan goals and objectives were upheld and the concerns are addressed. TRCA initiated the involvement of stakeholders and the public to create a management strategy for DCCO at TTP. The process started in November 2007 with the establishment of the Cormorant Advisory Group, and lead to the development of the 2008 Cormorant Management Strategy which was approved by the TRCA Board in 2008 as per Resolution #A110/08: THAT staff be directed to continue to work with the Cormorant Advisory Group to assist Toronto and Region Conservation Authority (TRCA) in addressing management concerns regarding colonial waterbirds at Tommy Thompson Park (TTP); THAT staff be directed to work with the Ontario Ministry of Natural Resources, Canadian Wildlife Service and any other required regulatory agency to seek approval for the 2008 management strategy for colonial waterbirds at TTP; THAT staff be directed to implement the proposed management strategy for 2008; THAT staff be directed to continue to actively participate in local, regional and binational committees/working groups addressing the management and protection of colonial waterbirds; 546

13 AND FURTHER THAT staff report back to the Authority next year regarding the management of Double-crested Cormorants at Tommy Thompson Park. Since 2008 TRCA staff has annually sought approval from the Authority to adopt the management strategy and has subsequently reported back on the Strategic Approach at the end of the breeding season: 2009 as per Resolution #A22/09, 2010 as per Resolution #A23/10, 2011 as per Resolution #A49/11, and 2012 as per Resolution #A19/12. The overall goal of the Double-crested Cormorant Strategic Approach, as established by the Cormorant Advisory Group in 2007, is to achieve a balance between the continued existence of a healthy, thriving cormorant colony and the other ecological, educational, scientific and recreational values of TTP. The objectives of the Strategic Approach are to: increase public knowledge, awareness, and appreciation of colonial waterbirds; deter cormorant expansion to Peninsula D; limit further loss of tree canopy on Peninsulas A, B and C; and continue research on colonial waterbirds in an urban wilderness context. To achieve the goals and objectives of the Strategic Approach, TRCA employed a suite of management techniques between 2009 and 2012 that included inactive nest removals, pre-nesting deterrents, active nest removals and post-nesting deterrents. Along with deterrents, TRCA also worked to attract DCCO to nest on the ground by enhancing the ground nesting areas, providing straw for nesting materials, installing DCCO decoys, playing audio of DCCO courtship calls and limiting disturbance of the ground nesting areas. The Management of Double-crested Cormorants at Tommy Thompson Park 2012 Summary Report provides details on management actions and is available upon request. Results from annual population counts show an increase in the ground nesting colony and a levelling off in the tree nesting colonies. This data suggested that the management techniques appear to be effective in meeting the goal and objectives of the Strategic Approach. In 2012 TRCA scaled back pre-nesting deterrents on Peninsula B and the core area of Peninsula C to try to determine if ongoing deterrents were required throughout the nesting period or if adapting pre-nesting deterrents would still be effective in meeting the goal and objectives of the Strategic Approach. Therefore, in 2012 pre-nesting deterrents were only used in targeted areas as per the adaptive approach, with the exception of active nest removals from healthy trees in target areas on Peninsulas B and C, as well as ongoing human presence on Peninsula D. As per the Strategic Approach, the active nest removal followed the conservative protocol for estimating nest age, to avoid removal of nests with eggs older than 10 days. Although identified as a management technique in the 2012 Strategic Approach for Peninsulas B, C and D, the post-breeding deterrents were not undertaken as DCCO did not roost in trees in these areas. 547

14 Public knowledge, awareness and appreciation for DCCO at TTP continued with a remote webcam in the Peninsula B ground nest colony; a blind on Peninsula C with excellent views of DCCO, Black-crowned Night-Heron (BCNH) and Great Egret (GREG); and staff interpretation of the colony at various public events, including a Colonial Waterbird Hike at the TTP Spring Bird Festival, presentations and park tours. In 2012 a total of 11,741 DCCO nests were counted on three of four peninsulas. This represents a slight increase of 367 nests over the 2011 nest count. The increase in nest numbers was due solely to ground nesting on Peninsula B which increased 28 percent from 2011, where as the tree nesting populations on Peninsulas A, B and C all decreased by 32, 22 and 11 percent respectively. Overall, the ground nest population has increased 476 percent since management efforts began in This is a positive trend showing that ground nest enhancements are working to help achieve the goal of the continued existence of a healthy, thriving cormorant colony. The significant increase in the number of ground nests means that 50 percent of the TTP cormorant colony now nests on the ground, so their nests are not impacting the tree health. Tree nesting appears to be declining, with overall DCCO population nesting in trees decreasing by 13 percent in Also in 2012 the number of trees nested in decreased by 11 percent, thereby resulting in no further loss to the forest canopy. Given the continued increase in ground nesting and the decline of tree nesting in 2012 using reduced deterrents, it appears the adaptive approach employed in 2012 is an effective management strategy and is also more efficient, as less staff time is required. Overall, the 2012 Management Strategy was successful in meeting the objectives of the Strategic Approach. while the overall nest numbers have increased in 2012, DCCO were effectively deterred from expanding their nesting areas beyond the existing colonies, including onto Peninsula D; ground nesting continued to increase and now represents 50 percent of the entire TTP DCCO population; tree nesting decreased on all three peninsulas; colonial waterbird research continued through the work of York University; and public knowledge, awareness and appreciation of colonial waterbirds was upheld through targeted site interpretation by staff at various park events, formal hikes and tours, as well ground nest colony interpretation using webcam images on the website and a viewing blind on Peninsula C. RATIONALE An extremely high level of concern has been expressed regarding DCCO populations and their management. Concerns have been raised from both sides, on the one hand calling for management and the preservation of forest canopy, and on the other hand for protection of the birds and their nesting colonies. TRCA has an obligation to manage Tommy Thompson Park as directed by the Master Plan for Tommy Thompson Park as approved under the Environmental Assessment Act. To meet the intent of the Master Plan, TRCA staff feel that there is a strong rationale for undertaking a strategic approach to the management of Double-crested Cormorants at Tommy Thompson Park. 548

15 Since November 2007, TRCA has involved stakeholders and the public in assessing the need for management and developing a strategy for DCCO at TTP. Generally, throughout the process there has been agreement that some form of management is appropriate, providing that the methods are humane to cormorants and do not affect other wildlife. Based on the annual data from the nest counts, adaptive management techniques, including reduced deterrents, appear to be effective in meeting the goal and objectives of the Strategic Approach. TRCA's strategy continues to receive a high level of support from the Cormorant Advisory Group, the public and TRCA partners. Both the Advisory Group and partners are promoting TRCA's management approach at other sites throughout the Province of Ontario. As such, TRCA will carry out the Strategic Approach developed in 2012 for the 2013 season (Attachment 1 Table 2). DETAILS OF WORK TO BE DONE A suite of techniques will be utilized in an integrated and adaptive approach to achieve the goal and objectives of the 2013 Strategic Approach, which maintains the original goal and objectives from Attachment 1 Table 2 provides an overview of the 2013 Strategic Approach. Increase Public Knowledge, Awareness and Appreciation TRCA website, including images from the remote camera. Improvements will be made to photo cataloguing so that the technical errors experience in 2012 are not repeated, and photo interpretation will be updated on a regular basis so the public is more informed on the status of nesting; Conduct interpretive tours for school and interest groups, and at TTP special events; Maintain opportunities to view colonial waterbirds with viewing blinds and platforms; Present information at conferences and forums; and Participate in working groups on colonial waterbirds. Inactive Nest Removal Remove nests from trees on Peninsulas B and C during the winter, prior to the breeding season. Enhanced Ground Nesting Place natural nests collected during inactive nest removal in ground nesting areas on Peninsulas A and B; Play auditory breeding calls to attract DCCO to ground nest areas on Peninsula A; Deploy DCCO decoys on Peninsula A later in the breeding season to attract late, inexperienced DCCO to nest in the ground nest area; and Erect predator exclosures to improve ground nesting success and colony establishment. Pre-nesting Deterrents The expansion of tree nesting DCCO beyond the existing colonies on Peninsulas B and C will be prevented. Deterrents within the core of the tree nesting colonies on Peninsula B and C will not be undertaken; DCCO will be prevented from nesting on Peninsula D; Deterrent techniques will remain the same as 2012 and employed on an increasing scale of activity to ensure expansion of the tree nesting area does not occur; and 549

16 Staff will monitor the effects deterrent activities have on the DCCO colony as well as on non-target species. Post-breeding Deterrents Deterrent activities will take place on Peninsula C and D to reduce loafing; and Techniques will be the same as 2012 and will be employed on an increasing scale of activity. Monitoring, Research and Reporting Undertake annual nest census for colonial waterbirds in late May; Conduct modified annual tree health surveys on Peninsulas A, B, C and D in late August; Continue to collaborate with York University on DCCO research; Complete annual summary report; and Meet with Cormorant Advisory Group to review data and discuss the Strategic Approach for FINANCIAL DETAILS Funds are identified in the Tommy Thompson Park Interim Management account in the Preliminary 2013 Capital Budget from the City of Toronto. Report prepared by: Ralph Toninger, extension 5366; Karen McDonald, extension s: rtoninger@trca.on.ca, kmcdonald@trca.on.ca For Information contact: Karen McDonald, extension s: kmcdonald@trca.on.ca Date: December 05, 2012 Attachments: 1 550

17 Attachment 1 Table 1: 2012 Strategic Approach Matrix Peninsula A Peninsula B Peninsula C Peninsula D Inactive Nest Removal (prior to 2012 breeding season) * * Enhanced Ground Nesting * * Pre-nesting Deterrents * * * Post-breeding Deterrents * * Table 2: 2013 Proposed Strategic Approach Matrix Peninsula A Peninsula B Peninsula C Peninsula D Inactive Nest Removal (prior to 2013 breeding season) * * Enhanced Ground Nesting * * Pre-nesting Deterrents * * * Post-breeding Deterrents * * 551

18 RES.#A260/12 - Moved by: Seconded by: ENBRIDGE PIPELINES INC., LINE 9B REVERSAL AND CAPACITY EXPANSION PROJECT Report on Line 9B Reversal Project and general areas of concern for crude oil and its potential effect on the environment and drinking water from spills. Cynthia Thorburn David Barrow THAT if timelines do not permit a staff report to the Authority, the TRCA Chair and Chief Executive Officer be authorized to provide staff with direction, based on legal advice, as to how to proceed with respect to participation in the NEB Hearing on Enbridge Pipelines Inc., Line 9B Reversal and Capacity Expansion Project; AND FURTHER THAT the remainder of the staff report and recommendations be deferred to Authority Meeting #2/13, scheduled to be held on March 22, CARRIED RES.#A261/12 - Moved by: Seconded by: HIGH ROPES ADVENTURE COURSE AND ZIP LINE Lease of Lands to Treetop Trekking Inc.. Lease of land for development of high ropes adventure course and zip line at Heart Lake Conservation Area, Bruce's Mill Conservation Area and Kortright Centre for Conservation. Deb Schulte Raymond Cho WHEREAS Toronto and Region Conservation Authority (TRCA) has invited proposals to enter into a lease of lands for a high ropes adventure course and zip Line at the Heart Lake Conservation Area, City of Brampton, Peel Region; Kortright Centre for Conservation, City of Vaughan, York Region; Bruce's Mill Conservation Area, Town of Whitchurch-Stouffville, York Region; and Bolton Camp, Town of Caledon, Peel Region; AND WHEREAS TRCA received proposals from proponents to enter into a lease of lands for a high ropes adventure course and zip Line at the Heart Lake Conservation Area, Kortright Centre for Conservation and Bruce's Mill Conservation Area; AND WHEREAS it is in the opinion of TRCA, that it is in the best interests of TRCA to further its objectives as set out in Section 20 of the Conservation Authorities Act, to enter into a lease agreement with Treetop Trekking Inc.; THEREFORE LET IT BE RESOLVED THAT TRCA enter into a lease of lands with Treetop Trekking Inc. for purposes of a high ropes adventure course and zip Line at Heart Lake Conservation Area, Concession 2 East of Centre Road, Part of Lot 15; Kortright Centre for Conservation, Vaughan, Concession 7 Part of Lot 19; and Bruce's Mill Conservation Area, Markham Concession 5 Part of Lot 30; 552

19 THAT the lease arrangement with Treetop Trekking Inc. be premised on the following: (i) (ii) (iii) (iv) the term of the lease will be five years with option for a five year renewal, with the same terms and conditions, pending approval by both parties; the minimum rental rate is to be $69, annually each for Heart Lake Conservation Area and Kortright Centre for Conservation, and $30, annually for Bruce's Mill Conservation Area, plus a minimum of 7% of gross revenue; Treetop Trekking Inc. shall be solely responsible for all costs and approvals associated with the installation, maintenance, operation, programming and repairs of the facilities, including TSSA (Technical Standards and Safety Authority) approval, insurance and any other documentation required by TRCA; any other terms and conditions deemed appropriate by TRCA staff and solicitor; THAT appropriate internal reviews including archaeology and ecology are to be carried out at Kortright Centre for Conservation by TRCA, prior to a decision to proceed with the project; AND FURTHER THAT authorized TRCA officials be directed to take whatever action may be required to implement the lease, including the obtaining of necessary approvals and the signing and execution of any documents. CARRIED BACKGROUND It is the intention of TRCA to draw additional users to its facilities in order to expand and diversify the client base, resulting in increased revenue and significant health benefits to the community. High ropes adventure course and zip line parks have become one of the most popular outdoor adventure activities in the country that can be enjoyed by the whole family. Visitors can experience an exciting adventure at the tops of the trees, while enjoying the forest like never before. High ropes adventure course and zip line parks are an emerging trend in adventure tourism travel. The proposed high ropes and zip Line parks will extend the operating seasons of the TRCA facilities into shoulder seasons. The parks will operate on a regular basis between March and October, and will be open based on pre-booked reservations between November and February. The proposed high ropes adventure course and zip Line parks will be made up of a series of elevated courses winding through the trees. Each course will include wooden standing platforms around each tree; a variety of games consisting of wooden challenges spanning the distance between each platform; and zip line cables which climbers connect to with a pulley to glide to another platform. A typical park will have anywhere from four to eight courses ranging in difficulty from beginner courses to expert courses. 553

20 Beginner Courses: These areas will give kids and beginner climbers their first taste of a high ropes adventure course while experiencing easier games and obstacles. Climbers will stay close to the ground, hop from tree to tree, play games such as balance logs, three-wire traverses, stable planks, log bridges and hammock nets as well as dart around on short zip lines that are sure to bring excitement. Intermediate Courses: These courses will take climbers to increased heights with more challenging games such as hanging logs, slanted log bridges and Tarzan swings. Climbers will also enjoy platform lookouts with amazing views of surrounding woodlands and water bodies. These courses will include longer zip lines. Advanced Courses: A series of challenging advanced games such as hanging stirrups, staggered swinging logs and steep, long hammock nets will test climbers on their way up. Some courses will also involve Tarzan ropes, massive zip lines and huge Tarzan swings. Expert Courses: Climbers wanting the ultimate test will love this challenge. This course will circulate above the other courses where users will find some of the most challenging games including a corkscrew bridge, a stirrup and log crossing, and monkey bars. Course activities and names will reflect those of wildlife animals and birds. The following outlines proposed designs for each location: Kortright Centre for Conservation The size of the area, unique topography, types of trees and existing on site facilities, combined with the current natural education uses of the property make it an ideal location. The proposed design includes two beginner, three intermediate, two advanced, and one expert courses, with over 72 features. The beginner and intermediate courses will focus on the current school group market. Heart Lake Conservation Area The signature course will feature twin zip lines both at over 700 feet in length, spanning Heart Lake. The initial property analysis and tree survey of the designated area at Heart Lake has yielded a unique and dynamic preliminary park layout. This preliminary design includes two beginner courses, two Intermediate courses and two advanced courses. Bruce s Mill Conservation Area The area designated for this high ropes adventure and zip line park is significantly smaller than Kortright Centre for Conservation and Heart Lake Conservation Area, but will still allow for a first of its kind experience: Treetop Goblin Forest. This experience allows kids to move freely up in the trees without the need to connect to lifeline cables. Kids can explore the forest from tree house to tree house with no harnesses or ropes, since the courses are completely enclosed by netting. 554

21 It is the intention of TRCA to pursue the recommendations outlined in the Heart Lake Conservation Area Master Plan and Bruce's Mill Conservation Area Master Plan and The Living City Campus of Kortright Vision Plan in their entirety. One of the key recommendations of the Heart Lake Conservation Area Master Plan, as outlined in Chapter 5: Public Use and Recreation Plan, is: "The development of a skills development area with ropes course. The skills development area could be managed by trained HLCA staff, tendered to a private operator, or managed by a park partner (e.g. City of Brampton, or the Ogada Wilderness Center)." One of the key recommendations of the Bruce's Mill Conservation Area Master Plan, as outlined in Chapter 5: Public Use and Recreation Plan, is: "Construction of a skills development area, including a ropes course." One of the key recommendations of The Living City Campus at Kortright Vision Plan is a forest canopy walk. In October 2007 and March 2009, the Authority approved resolutions #A231/07 and #A27/09, respectively, directing staff to enter into lease of land negotiations for tree top adventure course and zip line at Heart Lake Conservation Area. At this time, the high ropes adventure course and zip line was in its infancy in Ontario, and TRCA was not comfortable with the negotiations due to the inexperience of proponents at the time so did not come to a mutually agreeable contracts in 2007 nor Since then, several firms have established significant market share and a viable industry in Ontario. Treetop Trekking Inc. has established itself as a major player in the industry in Ontario, including a site in the Ganaraska Forest in partnership with Ganaraska Region Conservation Authority (GRCA). TRCA staff visited the Ganaraska operation and received a favourable reference from GRCA staff on the partnership through this first year of operation with Treetop Trekking Inc. The facility provides additional programming for day visitors and students at the onsite education field centre. RATIONALE Request for Proposal (RFP) was publically advertised on the electronic procurement website Biddingo ( The following companies received and/or downloaded full RFP documentation: Challenges Unlimited Spieth Anderson International Treetop Trekking Inc. Chicopee Tube Park Tremblant Activities / Vivre Per Che Long Point Eco-Adventures Eagle Crest Aerial Parks Treego Arbre Adventure Treetop Adventures 555

22 Two proposals were received from the following firms and opened by TRCA staff (Kathy Stranks, Jenifer Moravek and Kate Pankov) on November 30, 2012: ArborTrek Canopy Adventures, LLC Treetop Trekking Inc. Proposals were reviewed and evaluated in detail using the following evaluation criteria: financial proposal to TRCA, including lease rates and any percentage of gross revenues offered; detailed design and drawings; business Management Plan; qualifications and capabilities; detailed description of the Proponent s understanding of the Project, including overall scope and objectives, and a discussion of potential issues that may require particular attention; proponent's social performance locally and globally; description of commitment to corporate environmental stewardship; project work plan including a detailed schedule indicating the start date and the anticipated duration of each task, together with the timing of key milestones and meetings; term of lease; and references; After careful review of the proposals received, as well as a presentation session from each proponent, staff concluded that the proposal submitted by Treetop Trekking Inc. was superior to the other proposal received based on the aforementioned evaluation criteria. The proposal received from Treetop Trekking Inc. showcases an exciting and unique recreation/tourism option that compliments natural areas as well as brings economic and social benefits to TRCA. Neither proponent chose to submit a proposal for Bolton Camp until more information was obtained on the timing and nature of redevelopment of the site. TRCA staff will potentially re-issue a Request for Proposal for Bolton Camp through the redevelopment process. DETAILS OF WORK TO BE DONE Upon TRCA approval, the necessary negotiations required to implement the lease and development of the outlined high ropes adventure course and zip lines will be completed subject to terms and conditions satisfactory to TRCA staff and solicitor. In addition, appropriate internal reviews including archaeology and ecology are to be carried out at Kortright Centre for Conservation by TRCA, prior to a decision to proceed with the project. Reviews of proposed sites at Heart Lake Conservation Area and Bruce's Mill Conservation Area have been completed through the Master Plan process. TRCA will also foster partnerships with existing client groups such as day camps and Community Safety Village at Bruce's Mill to increase and drive clientele to the high ropes adventure course and zip line parks. FINANCIAL DETAILS The proposal received from Treetop Trekking Inc. included the following financial details: Lease Payment: $69,600 per annum to be paid to TRCA at Heart Lake Conservation Area. 556

23 Lease Payment: $69,600 per annum to be paid to TRCA at Kortright Centre for Conservation. Lease Payment: $30,000 per annum to be paid to TRCA at Bruce's Mill Conservation Area. 7% of gross revenues to be paid to TRCA. Treetop Trekking Inc. will be responsible for all costs relating to the development, construction, maintenance and operations relating to the high ropes adventure course and zip line. The following projected revenues are based on a full season of operations and were received in the initial proposal by Treetop Trekking Inc. Heart Lake Conservation Area Projected Revenues: Projected Revenues: Year 1 Year 2 Year 3 Lease Revenues ($5,800 per month) $69, $69, $69, Projected Attendance Revenues $75, $98, $119, TOTAL REVENUE $144, $168, $189, Kortright Centre for Conservation Projected Revenues Projected Revenues: Year 1 Year 2 Year 3 Lease Revenues ($5,800 per month) $69, $69, $69, Projected Attendance Revenues $69, $91, $119, TOTAL REVENUE $139, $161, $189, Bruce's Mill Conservation Area Projected Revenues: Projected Revenues: Year 1 Year 2 Year 3 Lease Revenues ($2,500 per month) $30, $30, $30, Projected Attendance Revenues $57, $74, $87, TOTAL REVENUE $87, $104, $117, Report prepared by: Kate Pankov, extension s: kpankov@trca.on.ca For Information contact: Derek Edwards, extension s: dedwards@trca.on.ca Date: January 08,

24 RES.#A262/12 - GREENLANDS ACQUISITION PROJECT, Flood Plain and Conservation Component, Lake Ontario Waterfront Pickering Harbour Company (Limited), CFN Acquisition of property located at the Frenchman s Bay Harbour entrance between the east and west spits in the City of Pickering, Regional Municipality of Durham, under the Greenlands Acquisition Project for , Waterfront Component. Moved by: Seconded by: Mike Mattos Dave Ryan THAT Toronto and Region Conservation Authority (TRCA) acquire the following property requirements from Pickering Harbour Company (Limited) (PHCL) to facilitate the construction, maintenance and/or repair of the Frenchman s Bay Harbour Entrance Project: Parcel A Fee simple interest in a parcel of vacant land and water lot containing hectares (8.318 acres) more or less, being Parts 1, 2, 3, 4, 5 and 6 on Registered Plan 40R-27785, City of Pickering, Regional Municipality of Durham; Parcel B A permanent easement over vacant land and water lot containing hectares (0.545 acres) more or less, being Parts 8, 10 and 12 on Registered Plan 40R-27785, City of Pickering, Regional Municipality of Durham; Parcel C Temporary working easement over vacant land containing hectares (0.985 acres) more or less, for the construction purposes being Parts 7, 9 and 11 on Registered Plan 40R-27785, City of Pickering, Regional Municipality of Durham; THAT the purchase price be the nominal consideration of $2.00 together with payment of the reasonable legal fees of PHCL, which are not to exceed $25,000.00, together with all applicable HST in connection with the negotiation and completion of this transaction; THAT TRCA receive the conveyance of the partial takings free from encumbrance, subject to existing service easements and licenses together with a permanent easement that PHCL will reserve for its shore wall maintenance purposes being Part 5 on Registered Plan 40R-27785; THAT the firm of Gardiner Roberts LLP, Barristers & Solicitors, be instructed to complete the transaction at the earliest possible date. All reasonable expenses incurred incidental to the closing for land transfer tax, legal costs, and disbursements are to be paid; AND FURTHER THAT the authorized TRCA officials be directed to take the necessary action to finalize the transactions including obtaining needed approvals and signing and execution of documents. CARRIED 558

25 BACKGROUND Resolution #A94/10, at Authority Meeting #5/10, held on June 25, 2010, approved the Greenlands Acquisition Project, At Authority Meeting #10/03, held on January 9, 2004, Resolution #A292/03, was approved as follows: THAT staff be directed to prepare a Pickering Harbour Company Waterfront Regeneration Project (the "Project") on a multi-year basis in the City of Pickering, Region of Durham as a component of the Region of Durham's waterfront multi-year project; THAT prior to preparation of the Project, the Toronto and Region Conservation Authority (TRCA) obtain written support and a partnership commitment from the City of Pickering and the Pickering Harbour Company for such a major waterfront initiative; THAT the TRCA, in preparing the Project, including a funding partnership, seek commitments from, but not limited to, the Government of Canada, the Province of Ontario, the Regional Municipality of Durham, the City of Pickering and the Pickering Harbour Company; AND FURTHER THAT the City of Pickering and the Pickering Harbour Company be so advised. Further at Authority Meeting #8/12, held on October 26, 2012, Resolution #A187/12, was approved as follows: WHEREAS on July 1, 2012 the federal and provincial governments announced that they will contribute a total of $6 million toward the Frenchman s Bay Harbour Entrance Project; AND WHEREAS The City of Pickering has approved in its 2012 Parks Capital Budget to provide $3 million toward the Project; AND WHEREAS the total estimated cost of $9 million for the Project will be shared equally between the federal and provincial governments and the City of Pickering; THEREFORE LET IT BE RESOLVED THAT Toronto and Region Conservation Authority (TRCA) staff be directed to enter into a memorandum of understanding with City of Pickering to carry out the Project; AND FURTHER THAT authorized officials be directed to take the necessary action to implement any agreements including obtaining needed approvals and the signing and execution of documents. Negotiations have been conducted with Harold Hough, President of PHCL. Attached is a sketch showing the location of the subject site. 559

26 RATIONALE The subject lands are required for the construction, maintenance and/or repair of the Frenchman s Bay Harbour Entrance Project. TAXES AND MAINTENANCE The structures completed with the Frenchman s Bay Harbour Entrance Project will be maintained by the City of Pickering. Dredging of the channel within Parcel A will be done by TRCA subject to available funding. Based on the realty tax paid on surrounding TRCA properties, the realty taxes on this property will be less than $1,000 per year. FINANCIAL DETAILS Funds for the costs related to the purchase such as survey and legal are available in the TRCA land acquisition capital account. Report prepared by: Mike Fenning, extension 5223, Dan O Donohue, extension s: Mfenning@trca.on.ca, DO'Donohue@trca.on.ca For Information contact: Mike Fenning, extension s: Mfenning@trca.on.ca Date: January 21, 2013 Attachments: 1 560

27 Attachment 1 561

28 RES.#A263/12 - Moved by: Seconded by: THE LIVING CITY POLICIES FOR PLANNING AND DEVELOPMENT IN THE WATERSHEDS OF TORONTO AND REGION CONSERVATION AUTHORITY - DRAFT Public and Stakeholder Consultation. Release of The Living City Policies draft document for public and stakeholder consultation. (Executive Res.#B191/12) Michael Di Biase Mujeeb Khan WHEREAS conservation authorities have a legislated and mandated responsibility under the Conservation Authorities Act to have board-approved policies to further the conservation, restoration, development and management of natural resources; AND WHEREAS Toronto and Region Conservation Authority (TRCA) staff have drafted a policy document entitled: The Living City Policies for Planning and Development in the Watersheds of TRCA, to update and replace TRCA s Valley and Stream Corridor Management Program (1994); AND WHEREAS public and stakeholder consultation on the draft policy document is a provincial requirement and will improve the comprehensiveness and effectiveness of the document; THEREFORE LET IT BE RESOLVED THAT TRCA release The Living City Policies draft document for public and stakeholder consultation as outlined in this report; THAT all of TRCA's municipal partners, provincial ministries, the Building and Land Development Industry (BILD), environmental non-governmental agencies (ENGOs), watershed and waterfront interest groups, neighbouring conservation authorities and other stakeholders be so advised by the CEO's Office; AND FURTHER THAT staff report back on the outcomes of the consultation process and proposed revisions. CARRIED RES.#A264/12 - CLAIREVILLE HEIGHTS LIMITED Request for a Temporary Licence Agreement to Provide Access for Construction Humber River Watershed City of Brampton, Regional Municipality of Peel, CFN Receipt of a request from Claireville Heights Limited to provide access over TRCA-owned lands for the purpose of construction activity, on adjacent lands owned by Claireville Heights Limited, in order to excavate the foundation for each of its three proposed residential condominium buildings. (Executive Res.#B192/12) 562

29 Moved by: Seconded by: Deb Schulte Mujeeb Khan WHEREAS Toronto and Region Conservation Authority (TRCA) is in receipt of a request from Claireville Heights Limited to provide a temporary licence for a 10 metre wide construction/access easement over TRCA-owned lands located on the west side of the main branch of the west Humber River within the Claireville Conservation Area, in the City of Brampton; THEREFORE LET IT BE RESOLVED THAT a temporary licence for a 10 metre wide construction/access easement over TRCA lands within the Claireville Conservation Area be granted to Claireville Heights Limited for access for the purpose of construction activity, on adjacent lands owned by Claireville Heights Limited, in order to excavate the foundation for each of its three proposed residential condominium buildings; THAT the temporary licence for entry onto TRCA lands to be limited to three eight (8) month terms (24 months in total); THAT each of the terms for the three proposed excavation/construction phases commence on a date chosen by Claireville Heights Limited, provided that they have given written notice (no later than 14 days prior to the start of each of the term) of said commencement date to TRCA; THAT the Licence shall expire for all Terms not later than December 31, 2019; THAT prior to the commencement of each phase/term, Claireville Heights Limited will pay TRCA the following amounts for the use and restoration/enhancement of TRCA lands: (a) (b) (c) (d) thirty four thousand ($34,000.00) dollars plus HST, prior to the first Term; thirty three thousand ($33,000.00) dollars plus HST, prior to the second Term; thirty three thousand ($33,000.00) dollars plus HST, prior to the third Term; and pay TRCA's legal fees (to an upset limit of $3, plus HST) incurred in connection with this Licence; THAT at the conclusion of each excavation phase, Claireville Heights Limited will backfill and stabilize that portion of the TRCA lands affected by the excavation work and that TRCA Restoration Services staff complete the restoration/enhancement work for each phase with funding provided by Claireville Heights Limited; THAT Claireville Heights Limited is to fully indemnify and save harmless TRCA from any and all claims for injuries, damages or loss of any nature resulting in any way either directly or indirectly from this temporary Licence Agreement or the carrying out of construction; 563