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HomeMy WebLinkAbout2000-03-09ENVY2000-03-09 ENVIRONMENTAL COMMITTEE MINUTES MARCH 97 2000 CITY OF KITCHENER The Environmental Committee met this date, commencing at 4:00 p.m., under Councillor Jake Smola, Chair, with the following members present: Ms. S. Hultquist and Messrs. H. Alsafouti, R. Dal Bello, and B. Krafchek. Councillor J. Haalboom and Ms. B. Luckhardt were in attendance for part of the meeting. Officials Present:Ms. B. Steiner and Ms. J. Billett, and Messrs. B. Stanley, T. Boutilier, J. Moore, B. Page and C. Gosselin, Region of Waterloo. This meeting of the Environmental Committee commenced without a quorum present. 1. ACCELERATED ENERGY MANAGEMENT PROGRAM - 1999 YEAR END REVIEW AND TOUR OF CITY HALL FACILITY The Committee was in receipt of a report dated January 24, 2000 from Mr. J. Moore, Energy and Systems Specialist, detailing achievements undertaken in 1999 with respect to the Accelerated Energy Management Program. Mr. J. Moore provided an overview of the program utilizing a PowerPoint presentation, in which he noted that within the 20 year history of the program over $9,000,000.00 in savings has been realized. He pointed out that the purpose of the program is to reduce utility costs in all City owned facilities by maximizing the efficiency of equipment and systems, as well as implementing new technology and procedures that minimize operational costs. Mr. Moore further advised that in 1999 the program achieved over $1,000,000.00 in savings for the first time in a single year, with the primary focus on the Kitchener Memorial Auditorium. As a result of these savings, he noted that the City will be undertaking to accelerate programs again this year which were originally scheduled into the year 2003 and by the year 2006 it is expected savings to the City will double. Following the presentation, Mr. Moore provided the Committee with a tour of the City Hall facility, focusing on the environmental and cost saving features. During the tour, Councillor J. Haalboom and Ms. B. Luckhart entered and the meeting reconvened with a quorum present. BPS 2000/19 - LEGISLATION OF BILL 163 RELATING TO TREE CUTTING BY-LAW FOR WOODLOTS The Committee was in receipt of a report dated February 7, 2000 from Mr. T. Boutilier, Senior Planner, respecting legislation under Bill 163 which provides the municipality with an opportunity to enact a by-law to regulate cutting of trees. Mr. T. Boutilier advised that the legislation has been reviewed and, with respect to tree cutting on private lands, Council decided not to enact a regulatory by-law in favor of taking a more pro-active approach through tree planting programs to assist in renewing urban forests. Mr. Boutilier referred to the launching of the Trees for Our Future Program in 1999 and advised that the program will proceed again this year with new participants to include the Cities of Cambridge and Waterloo. Mr. Boutilier further advised that in reviewing Bill 163 legislation respecting woodlots, staff considered implementing a permit system. This concept was discussed with Regional staff who advised that they were already in the process of developing regulatory measures for woodlots which would apply to the Region as a whole. He pointed out that the Region passed a new Tree By-law in August 1999 and, accordingly, staff are recommending the City rely on the provisions of the Regional Tree By-law and not pursue development of a similar by-law and procedures. Mr. T. Boutilier introduced Mr. C. Gosselin, Manager of Environmental Planning, Region of Waterloo, who was in attendance to answer questions with regard to the Regional Tree By-law. Mr. C. Gosselin provided an overview of the by-law, noting that the purpose of the by-law is to ensure good forestry practice. He pointed out that the new by-law improves standards for tree cutting in woodlots by requiring a minimum diameter of between 18 inches and 20 inches, measured 18 inches above the highest point of ground; a minimum number of trees of specified 2. BPS 2000/19 - LEGISLATION OF BILL 163 RELATING TO TREE CUTTING BY-LAW FOR ENVIRONMENTAL COMMITTEE MINUTES MARCH 9, 2000 -10- CITY OF KITCHENER WOODLOTS (CONT'D) sizes to be left standing after logging; and, retainment of 65 square feet of residual basal area (measurement for density of woodlots) per acre. Mr. Gosselin advised that a Notice of Intent to Cut is required to be filed with the Region and staff undertake to do site assessments once filed. Contravention of the by-law may result in charges; however, Mr. Gosselin advised that restoration is preferred over retribution. In conclusion, he stated that the main focus of the by-law is to conserve resources and ensure a high standard of woodlot management. A discussion was then entered into during which questions were raised and responded to respecting enforcement and financial implications of the by-law; protection of undergrowth, soils and wetlands; and, appropriate methods for the public to make known their concerns regarding areas where tree cutting is occurring. In addition, concerns respecting subdivision planning were raised; however, Mr. Boutilier pointed out that subdivisions were dealt with separately and have a number of controls already in place, such as environmental analysis and tree saving regulations. In response to questioning, Mr. Gosselin advised that tree cutting in woodlots within Kitchener would be enforced through the Regional by-law, with seasonal peak periods expected in late fall and mid summer. Councillor Jake Smola inquired if information respecting the Regional Tree By-law was included in the Region's web site and Mr. Gosselin advised that he was uncertain if it was; however, would look into making it available. Councillor Smola also suggested that it be provided on the City's Home Page and that a presentation to City Council be arranged for an appropriate televised meeting to assist in promoting public awareness. Mr. T. Boutilier agreed to follow up on these suggestions. Councillor J. Haalboom referred to the 'Great Tree Hunt' and requested an update on plans for this event. Ms. B. Steiner advised that the K-W Field Naturalists have not yet responded as to their interest in sponsoring the event. Councillor Haalboom inquired if it would be possible for nurseries to undertake the project and Ms. Luckhardt stated that she felt it would more likely be a question of would they do it. Mr. Gosselin advised that he had been involved in the first event from a technical point of view and that it had been a major undertaking for the K-W Field Naturalists. He suggested that it may be advantageous to approach the School Boards and invite their participation. Ms. Steiner stated that this event will require significant outside participation, that could possibly involve schools, and advised that she would continue to pursue this matter. On motion by Ms. S. Hultquist - it was resolved: "That the Planning and Economic Development Committee be advised the Environmental Committee endorses the following recommendation contained in staff report BPS 2000/19 (Bill 163 Legislation Relating to Tree Cutting By-law for Woodlots): 'That Kitchener City Council rely upon the provisions of the 'Regional Tree By- law' for the protection of woodlands within the City and not proceed to develop a similar By-law and procedures, as provided for by Section 223.3 of the Municipal Act, for the Destruction or Injury of Trees'." 3. BPS 2000/20 - LEGISLATION OF BILL 163 RELATING TO REGULATION OF SITE ALTERATIONS The Committee was in receipt of a report dated February 26, 2000 from Mr. T. Boutilier, Senior Planner, respecting legislation under Bill 163 which allows the municipality to regulate site alterations, including the placing or dumping of fill and altering the grade of land. 3. BPS 2000/20 - LEGISLATION OF BILL 163 RELATING TO REGULATION OF SITE ALTERATIONS (CONT'D) ENVIRONMENTAL COMMITTEE MINUTES MARCH 9, 2000 -11- CITY OF KITCHENER Mr. T. Boutilier advised that the initial purpose of this legislation was to address problems of this nature being experienced in the Greater Toronto Area. He pointed out that Kitchener has not experienced the same degree of problems due to subdivision control procedures already in place. He advised that grading and drainage plans are required prior to any pre-grading taking place and, in addition, protective measures are in place during the home building process, including the requirement of siltation fencing and a damage deposit system. Specific measures resulting from subdivision plan approval are also implemented such as lot grading control plans, tree preservation plans and storm water management. Mr. Boutilier pointed out, however, once a property is sold site alteration by the homeowner remains a problem. If the homeowner does not respect the established grades and significant changes are made that impact neighboring sites, it becomes a civil matter to be dealt with through the courts. Staff are of the opinion this problem would best be dealt with through public education and Mr. Boutilier pointed out that presentations respecting storm water management are planned as part of the Earth Day celebrations. Mr. Boutilier advised that the final area of investigation relating to use of Bill 163 for site alterations dealt with vacant gas station sites and municipal involvement in clean-up practices. He advised that a number of vacant gas station sites exist within the City as a result of restructuring of the oil industry and, through a shifting of responsibility, the Ministry of Environment is no longer involved in the remediation process. The remediation process is now conducted entirely by the private sector without the knowledge of the Ministry of Environment, which has raised concern that adjacent City-owned lands and/or public right-of-ways may become contaminated if remediation is not fully carried out. Mr. Boutilier advised that after careful consideration, staff have concluded that pursuing regulatory measures for vacant gas station sites under Bill 163 would not be appropriate as it is clearly the intent of the Province to place responsibility for site remediation with the private sector. He further stated that the City would require additional resources to facilitate any additional administrative/operational functions required and there is concern that the City would be assuming a level of additional responsibility and liability for all future results of the remediation process. Mr. Boutilier further pointed out that staff obtained input from a municipality of comparable size that has implemented a Site Alteration By-law and who has indicated that there was no added value to their municipality in adopting such a process. Several members expressed concern with the lack of involvement in site remediation by the Ministry of Environment and, in this regard, Councillor Jake Smola suggested that staff consider lobbying the Province to reinstate Ministry involvement. In this regard, Mr. B. Stanley suggested that staff could explore this suggestion with staff of the Legal Department and report back at a future date. Councillor J. Haalboom left the meeting at this time and a quorum was no longer present. Councillor Jake Smola also expressed concern that issuance of grading certificates prior to final closing of land sales is sometimes missed and it was pointed out that it was the responsibility of the developer to obtain the grading certificate and also that of the lawyers handling the purchase to ensure there are no outstanding issues. Mr. B. Stanley further pointed out that the City is in the process of implementing an electronic tracking system to assist in ensuring that any outstanding issues are completed. Ms. S. Hultquist left the meeting at this time. Following further discussion, during which Ms. B. Luckhardt left the meeting, it was generally agreed that the staff recommendation contained in the report would be endorsed, as amended to include direction to staff to investigate lobbying the Province to reinstate Ministry of Environment involvement in the remediation process for vacant gas station sites and/or contaminated sites. 3. BPS 2000/20 - LEGISLATION OF BILL 163 RELATING TO REGULATION OF SITE ALTERATIONS (CONT'D) Accordingly, the following recommendation will be advanced to City Council on behalf of the Environmental Committee, having been considered without a quorum in attendance: ENVIRONMENTAL COMMITTEE MINUTES MARCH 9, 2000 -12- CITY OF KITCHENER "That the Planning and Economic Development Committee be advised the Environmental Committee endorses the following recommendation contained in staff report BPS 2000/20 (Bill 163 Legislation to Regulate Site Alteration), as revised: 'That City Council rely upon its current regulatory mechanisms to control the site alterations and not pursue any further methods pursuant to opportunities presented by Bill 163; and further, That staff be directed to investigate the possibility of approaching the Provincial Government to request reinstatement of Ministry of Environment involvement in the remediation process for former gas station sites and/or contaminated sites, with a report to be brought back to a future meeting of the Environmental Committee'." INTERNATIONAL CONFERENCE ON CLIMATE CHANGE COMMUNICATION The Committee was in receipt of information respecting an International Conference on Climate Change Communication which will take place in Kitchener-Waterloo from June 22 to 24, 2000. Members of the Committee who have an interest in attending this conference were asked to contact Ms. J. Billett, Committee Administrator, telephone 741-2276, as soon as possible so that arrangements can be made for registration to take place prior to May 1, 2000 in order to take advantage of the discount price of $150.00. EARTH DAY- DRAFT 2000 PROGRAM AND BUDGET The Committee was in receipt of a report dated February 29, 2000, from Mr. T. Boutilier, Senior Planner, requesting the Committee's endorsement of the draft program for Earth Day 2000 celebrations, together with an increase in budget funds from $6000.00 up to $18,450.00. Mr. B. Stanley advised that subsequent to Council approving a $6000.00 budget for the event, the City's Management Committee asked that staff prepare a budget detailing a true cost of events to take place. As a result, staff are now seeking the Committee's endorsement of the draft program and an increased budget of up to $18,450.00 prior to presentation to City Council. In response to questioning, Mr. B. Stanley advised that the proposed budget is based on actual events that took place during the 1999 Earth Day event and that the City's Management Committee has endorsed the draft 2000 program and budget. By general consent it was agreed to endorse the draft Earth Day 2000 program and budget. Accordingly, the following recommendation will be advanced to City Council on behalf of the Environmental Committee, having been considered without a quorum in attendance: "That the draft Earth Day 2000 Program be endorsed and the previously approved $6,000.00 budget be increased by an additional $12,450.00 to provide for an expenditure of up to $18,450.00, as presented to the Environmental Committee at its meeting held on March 9, 2000." SPECIAL MEETING REQUEST - PRESENTATION BY MINISTRY OF TRANSPORTATION - HIGHWAY 7 PROJECT Mr. B. Stanley advised that staff were in the process of making arrangements for a special meeting of the Environmental Committee to be held on Monday, March 20, 2000 at 1:30 p.m. to hear a presentation by the Ministry of Transportation and its consultants with respect to the new proposal for the Highway 7 project. Mr. Stanley further advised that the members of the Economic Development Advisory Committee would be invited to hear the presentation. In this SPECIAL MEETING REQUEST - PRESENTATION BY MINISTRY OF TRANSPORTATION - HIGHWAY 7 PROJECT regard, Mr. Stanley inquired arrangements for this meeting. if the Committee wished staff to proceed to make the final ENVIRONMENTAL COMMITTEE MINUTES MARCH 9, 2000 -13- CITY OF KITCHENER Councillor Jake Smola inquired if the meeting could be moved to later in the afternoon and Ms. J. Billett advised that the 1:30 p.m. start time is proposed to avoid conflict with any special meeting of Council that may be scheduled prior to the regularly scheduled Council meeting that date. It was noted that special meetings of Council are usually convened at 4:00 p.m. and, in order to allow sufficient time for the presentation and discussion, the 1:30 p.m. start time is being recommended. Mr. B. Stanley further pointed out that the Ministry and its consultants are in agreement with the 1:30 p.m. start time. Mr. R. Dal Bello inquired if a report would be made available to the Committee prior to the meeting and Mr. Stanley advised that, while a report was not planned, members of the Committee were welcome to avail themselves of the documentation located in his office previously provided by the Ministry. By general consent, it was agreed that a special meeting of the Environmental Committee would be held on Monday, March 20, 2000, commencing at 1:30 p.m., to hear a presentation by the Ministry of Transportation and its consultants with respect to the Highway 7 project. 7. INFORMATION ITEMS The Committee was in receipt of the following information reports: · Letter dated February 12, 2000 from Noise Watch - International Noise Awareness Day · Letter of appreciation dated February 14, 2000 - Kuntz Electroplating Inc. - February 10th Tour · The Grand Strategy Newsletter- 'Grand Actions' - February 2000. 8. ADJOURNMENT On motion, the Committee adjourned at 6:20 p.m. J. Billett, AMCT Committee Administrator