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HomeMy WebLinkAbout1997-10-01ENVY1997-10-01 OCTOBER 1, 1997 ENVIRONMENTAL COMMITTEE MINUTES CITY OF KITCHENER The Environmental Committee met this date commencing at 4:00 p.m. under Councillor T. Galloway, Chair, with the following members present: Councillors C. Weylie, J. Ziegler and Ms. A. Coffey and Messrs. J. Kay and B. Harper. Mrs. J. Haalboom entered the meeting after its commencement. Officials Present: Ms. D. Arnold and Messrs. B. Stanley, S. Gyorffy, C. Ford, D. Snow, R. Wyatt, T. Clancy and L.W. Neil. 1. SAFETY CONCERNS RE: IRON HORSE TRAIL ROAD CROSSINGS The Committee was in receipt of a letter dated September 24, 1997 from Dr. J. Kay expressing concerns with regard to the intersections of the Iron Horse Trail with city streets. In particular, he expressed strong concern regarding the trail intersection with Queen Street and Victoria Street. Dr. Kay requested discussion on the matter of signage to alert trail users of a street crossing as well as what directional signage was intended as to where trail users should cross major streets. Mr. D. Snow, Director of Traffic and Parking attended the Committee to address the safety concerns outlined in Dr. Kay's letter. He indicated that from the very beginning of the project, staff had shared concerns expressed by Dr. Kay and noted that the safety issue had been a major consideration. In this regard, he advised that the City of Kitchener was erecting barriers, signs, gates and retaining curbs at the trail intersections with city streets. However, he noted that these improvements had not been installed at all locations yet. He advised that directional signs were being installed to alert trail users to cross at signalized intersections and that there was no intent to provide special road crossing facilities for trail users. Mr. Snow commented that the City's bicycle consultant was fully aware of the issues respecting this matter. Mr. T. Clancy pointed out that there were 36 road crossings in Kitchener to be addressed wherein it was intended to install gates on both sides of the road and that the issue represented a very large improvement expenditure that has been budgeted to continue until completion. Mr. D. Snow left the meeting following the conclusion of this discussion. 2. VOISIN GREENWAY REHABILITATION Mr. S. Gyorffy advised that a presentation would be made on a successful stream rehabilitation project that took place in the Voisin Greenway. He advised that the Greenway was constructed in the 1960's using concrete bag walls from the Forest Hill Plaza to Westmount Road. Mr. Ray Tufgar, Totten Sims Hubicki, the firm acting as the City's consultants for the project appeared as a delegation before the Committee. Mr. Tufgar tabled sketches of the creek location and cross sections of the creek that illustrate the Greenway before and after the improvement work. He also provided a slide presentation that clearly illustrated how the Greenway had been altered to a natural channel design wherein a meandering approach was designed into the water course and included the installation of large and small rocks in the bed of the water course to facilitate the natural channel design. He suggested that the Committee should consider the education issue and encourage home owners who back onto the water course to leave the banks in a natural state as it relates to vegetation growth and not attempt to maintain the banks as they do their backyards. Also, he suggested that the redesigned greenway should be signed as a matter of educating the community with regard to the nature of this improvement work. Finally, with a bio-engineering approach to the water course, he suggested that the improvements should last a lifetime as compared to the approach used many years ago to simply build walled channels. Mrs. J. Haalboom questioned how the City should look at its policies regarding water courses in relation to future development. Mr. Tufgar noted that Storm Water Management practices were changing from past techniques and he stated that water flows could be controlled through water shed analysis and determination of the necessary water corridor. 3. REPORT ON MUNICIPAL AUTHORITY RE: REGULATION OF PESTICIDES Councillor T. Galloway advised that at the Committee's May 7th meeting it was requested that staff consider possible municipal regulation of pesticide use by investigating the legality of municipal regulation. In this regard the Committee was in receipt of a report dated September 24, 1997 prepared by Ms. D. Arnold, Assistant City Solicitor, that was distributed to the 3. REPORT ON MUNICIPAL AUTHORITY RE: REGULATION OF PESTICIDES (CONT'D) ENVIRONMENTAL COMMII-FEE MINUTES OCTOBER 1, 1997 - 26 - CITY OF KITCHENER Committee on a privileged and confidential basis as it contains legal advice. Councillor Galloway also made reference to a delegation attending the September 29, 1997 Council meeting respecting the matter of pesticide use in Victoria Park and advised that he would comment on this matter following discussion of the staff report. Ms. D. Arnold advised the Committee that the report was provided on a privileged and confidential basis and that she was prepared to discuss it if the Committee would waive privilege in this regard. A motion by Councillor J. Ziegler to waive privilege regarding the September 24, 1997 report of Ms. D. Arnold dealing with legislative authority of Ontario Municipalities to pass by-laws regulating or prohibiting use of pesticide was carried. Ms. D. Arnold briefly highlighted the contents of her report noting that the City only has authority as authorized by Provincial Legislation. The grounds of this authority were dealt with in the report as it relates to the issue of pesticides and she pointed out that the concerns that have been expressed relate to dissatisfaction with the level of provincial regulation pertaining to pesticides. She again pointed out that Province of Ontario legislation prevails and that if a municipality wished to act in a matter it must have explicit legislative authority to deal with it. Councillor J. Ziegler questioned if special authority could be requested from the Province and Ms. D. Arnold replied that the municipality must indicate why it uniquely requires private legislation. Councillor Ziegler suggested that the Province could be asked to grant municipal authority to enforce its provincial legislation respecting pesticides. The matters of enforcement and legislative change were then discussed. On motion by Councillor J. Ziegler - it was resolved: "That the Legal Department assisted by staff of the Parks and Recreation Department prepare a report discussing the following approaches on the matter of possible municipal pesticide regulation / prohibition: a) determine what Provincial pesticide regulations are not being enforced adequately by the MOEE and that might be more effectively enforced through delegated enforcement powers given to municipalities. b) obtain models of existing municipal legislative authority and modify such regulations as the basis to propose a change in provincial legislation that would grant broad municipal regulatory powers relating to pesticides. And further, that such report be considered by the Environmental Committee at a future meeting." Dr. J. Kay and Ms. Susan Koswan indicated that they were prepared to assist in providing background information for the staff report. Councillor T. Galloway then summarized the outcome of the pesticide discussion that took place at the September 29th Council meeting. Mr. T. Clancy indicated that staff of the Parks and Recreation Department would have a full report for year end on the matter of the City's pesticide application. As well, he indicated that staff would prepare a report dealing with matter of weed control in Victoria Park for the Committee's December 10th meeting. Dr. J. Kay commented on the importance of public communication when staff are applying pesticides. He suggested that such communication should explain what is going on and why it was taking place and that the matter of form of communication should be the subject of detailed consideration. 3. REPORT ON MUNICIPAL AUTHORITY RE: REGULATION OF PESTICIDES (CONT'D) ENVIRONMENTAL MINUTES OCTOBER 1, 1997 COMMITFEE CITY OF KITCHENER Mrs. J. Haalboom referred to the issue of education and suggested that something was required to educate property owners on how to deal with weeds by not spraying as opposed to just promoting non application of pesticides. Mr. B. Stanley advised that the non pesticide approach was an issue that was being addressed in the Environmental Handbook being developed by himself, T. Boutilier and D. Daly. FCM 20% CLUB GREENHOUSE GAS REDUCTION RE: KITCHENER PROGRAM Mr. C. Ford advised that both Messrs. P. Kay and J. Moore were unable to attend regarding this matter. He indicated that substantial preliminary information and data had been gathered on this matter and that Mr. James Moore was taking the subject on as a fourth year project to thoroughly investigate greenhouse gases. Ultimately the report will focus on recommendations on methodology for carbon dioxide reductions to be achieved and further information would be available by the Committee's December 10th meeting. UPDATE RE: ENVIRONMENTAL IMPACT STATEMENT (ELS) AND ENVIRONMENTAL ASSESSMENT (EA) - HURON NATURAL AREA WESTERN BOUNDARY Mr. B. Stanley advised that the Steering Committee and consultants have now collected all input from the first round of public meetings and prepared a draft report for review. After such review, the report will be circulated for public input and then placed before the Planning and Economic Development Committee for consideration early in 1998. In consideration of concerns that have been expressed, Mr. Stanley advised that it is now proposed to consider a hard boundary in terms of zoning but will require along the entire boundary a scoped (ELS) concurrent with any plan of subdivision submitted. He suggested that this approach should deal with concerns that have been expressed regarding the area. Also, he stated that discussions were still on going with individuals who have raised concerns. Dr. J. Kay requested that the Huron Park Sub-Committee have an opportunity to review the draft and Mr. Stanley advised that he would raise this request with the study team. In response to Councillor T. Galloway, Mr. B. Stanley advised that concerns that have been raised could be discussed as part of subdivision planning procedures. Finally, he briefly summarized the outcome of Ontario Municipal Board hearings relating to the Huron Natural Area. CITY OF KITCHENER ENVIRONMENTAL STRATEGIC PLAN - UPDATE ON STATUS OF INITIATIVES COMPLETED IN 1996 A summary of the status of each of the Main Functional Areas in the Strategic Plan was considered as a follow-up to the distribution that took place at the Committee's June 4th meeting. Mr. B. Stanley referred the Committee to priority 6.1.9 on page 23 regarding McLennan Park and noted that the comment section should be revised as this initiative has now begun as a team has been established to address the matter. Accordingly, he advised that only three level one initiatives had not been started and pointed out that it was staffs hope to receive comment from the Committee on the question of why initiatives were not started and to consider addition by the Committee of any new initiatives. Initiative 2.1.1 on page 6 regarding the Huron Natural Area has not been started as it was a resource issue involving a full time position. Dr. Kay commented that a student was just finishing a masters report on this topic that could be of assistance to the City. Initiative 2.1.5 on page 6 dealing with a transportation incentive policy affecting City employees was not started. It was noted that the issue was linked to transit passes as well as earlier comment that it would not be favourably received by the public. The Committee directed that initiative 2.1.5 be removed from the Plan. Initiative 5.1.8 on page 18 dealing with development of a standard of monitoring requirements for efficient energy management was referred to as not having been started and Mr. C. Ford CITY OF KITCHENER ENVIRONMENTAL STRATEGIC PLAN - UPDATE ON STATUS OF INITIATIVES COMPLETED IN 1996 (CONT'D) advised that ICLEI was near to completion of a project in this regard and that he was awaiting ENVIRONMENTAL MINUTES OCTOBER 1, 1997 COMMITFEE CITY OF KITCHENER 10. 11. action by ICLEI that would facilitate the City's initiative in this regard. Dr. J. Kay questioned initiative 4.3.4 on page 16 regarding a bicycle study and was advised that it was underway. Mrs. J. Haalboom questioned if scenic roads were included in the document and it was noted that they were referred to under initiative 4.1.6 on page 12 and initiative 7.2 on page 11. Mr. B. Stanley advised that staff need to document and track the number of studies that are already underway especially those studies involving multi year projects. Mr. T. Clancy commented that the Selection Committee regarding the Communities in Bloom Program made specific positive reference to the City's Environmental Strategic Plan as part of its review within Kitchener. It was requested that an updated Strategic Plan be distributed at the Committee's December 10th meeting when the newly appointed 1998 Committee holds its first meeting. LEAD WATER PIPE The Committee was in receipt of a letter dated September 24, 1997 from Dr. J. Kay expressing a concern with regard to existing lead water pipe. It was noted that Mr. E. Kovacs was unable to attend the meeting this date and had requested deferral to the Committee's next meeting. It was agreed that this issue would be addressed at the Committee's December 10th meeting. ACTION 21 NETWORK / ENVIRONMENT CANADA Mr. C. Ford distributed copies of a pamphlet received from the Action 21 Network established by Environment Canada that was established to create public awareness for positive environmental actions taken by anyone. The pamphlet requests submission of environmental success stories for evaluation and publication to recognize work in this regard. LEAF COLLECTION PROGRAM & BAGGED LEAF COLLECTION As information, the Committee was in receipt of reports dated June 4 and July 11, 1997 attached to the agenda regarding new procedures for the collection of leaves in the municipality. Mr. S. Gyorffy brought samples of the paper bag that have been distributed within the City with one going to every residence to inform them of the program and advise at what retail outlets such bags could be purchased. ENVIRONMENTAL LAW ARTICLE "MNR DITCHES FISHERIES ACT" The Committee was in receipt of an article dated September 17, 1997 regarding the above. As well, for further information, copies of memorandums dated August 14, 1997 and August 20, 1997, addressed to all ministry staff, were distributed. APPRECIATION As this was the last meeting of the 1997 Committee as constituted, Councillor T. Galloway thanked the volunteer Committee members for their assistance during the past year. 12. 13. NEXT MEETING - WEDNESDAY DECEMBER 10, 1997 - (NEWLY APPOINTED 1998 COMMITTEE) ADJOURNMENT On motion, the meeting adjourned at 6:00 p.m. ENVIRONMENTAL MINUTES OCTOBER 1, 1997 COMMITFEE CITY OF KITCHENER L. W. Neil, AMCT Assistant City Clerk