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ENVIRONMENTAL COMMITTEE MINUTES
MAY 19, 2005 CITY OF KITCHENER
The Environmental Committee met this date commencing at 4:06 p.m.
Present: Co-Chair - Councillor B. Vrbanovic was in attendance for part of this meeting.
Ms. Y. Fernandes, Ms. N. Sonders, Ms. A. Jucknies, Ms. J. Young and Messrs. B. McColl,
D. Lippert, J. Wilson and C. Schneider.
Staff: K. Currier, Interim General Manager of Community Services
R. Shamess, Director of Engineering
T. Doering, Supervisor of Golf Courses
B. Steiner, Environmental Planner
C. Goodeve, Committee Administrator
PRESENTATION - REGION OF WATERLOO CONSULTATION PROCESS
1.
- REGIONAL PESTICIDE BY-LAW
The Committee was in receipt of the ‘Region of Waterloo Draft Proposed Pesticide Reduction By-
law - Councillor Information Package’, dated May 9, 2005 regarding the process to date and the
next steps in the development of a possible draft By-law on the use of pesticides.
Dr. Liana Nolan, Commissioner/Medical Officer of Health, Region of Waterloo, advised that in
January 2003 the Region of Waterloo proceeded to develop a Region-wide approach to reducing
the non-essential use of pesticides, in co-operation with area municipalities. A Working Group
was struck with representation from local area municipalities, environmental and lawn care
industry representatives. She stated that the Pesticide Working Group had 2 tasks: recommend
educational initiatives; and, develop the framework for a draft Pesticide By-law. She advised that
in April of 2005, a Social Marketing Campaign was launched consisting of the educational material
included in the information package. Further, the goal of the educational campaign is to
encourage property owners to practice healthy lawn maintenance and reduce pesticide use. She
stated that the Pesticide Working Group reviewed 10 existing By-laws as a starting point and
presented the framework included in the information package to Regional Council in November
2004. Dr. Nolan added that Regional Council passed a motion instructing them to finalize the
framework into a draft proposed By-law for public consultation and to present it to each area
municipality for comment. Dr. Nolan reviewed the draft By-law and the process for public
consultation outlined in the information package. She advised that this is what the By-law ‘could’
look like and that Regional Council will decide how to proceed in October 2005 after the public
consultation process is complete. She stated that the key issues they are hoping to address
during the public consultation process are:
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should there be setbacks from certain public places (e.g. bus stops, school yards)?
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should all land uses have the same regulations (e.g. residential, commercial, institutional,
recreational, and industrial)?
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exemptions proposed: are they appropriate? Should any be changed or should there be any
additions?
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should permits be allowed in certain cases?
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what should be the notification process to others when permits are issued?
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should the By-law be phased in as it is proposed?
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how should complaints be handled? and,
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various enforcement implementation questions.
Dr. L. Nolan requested that specific feedback on the proposed draft By-law be directed in writing to
the Regional Clerk’s Office no later than June 30, 2005. She advised that Regional staff will
collate the public input and other consultation input over the summer and re-draft the proposed By-
law accordingly. She noted that the re-draft completion target date has been set for September
2005, at which time the revised draft will be shared with area municipalities to allow for comment
prior to the final report to Regional Council in October 2005.
ENVIRONMENTAL COMMITTEE MINUTES
MAY 19, 2005 - 17 - CITY OF KITCHENER
PRESENTATION - REGION OF WATERLOO CONSULTATION PROCESS
1.
- REGIONAL PESTICIDE BY-LAW (CONT’D)
In response to questions, Dr. L. Nolan advised that legal issues have been considered during this
process and that recently the City of Toronto’s Pesticide By-law was upheld by the Courts. She
added that the Region’s Legal Services have reviewed the By-law and engaged the public by
asking about enforcement issues. She responded further that the Federal Government regulates
the sale of pesticides and that a municipality only has jurisdiction applying to turf management. Dr.
Nolan advised that the health affects relating to people coming in contact with pesticides is a
concern and is part of the rationale for the by-law. She commented that the rationale behind
phasing in the by-law is to raise awareness, because it would not be fair to implement it without
allowing for an adjustment period. She stated that the protection of Regional wells and water
supply is being addressed as part of the technical consultation process. Dr. Nolan noted that they
are targeting early September to circulate the re-draft of the by-law which will go to Regional
Council in October 2005.
Councillor B. Vrbanovic requested that this matter be brought back to the Environmental
Committee in early September 2005 with the possibility of holding a special Committee meeting in
September to accommodate the Region’s timeframe. He stated that the Region’s Public
Information Centre for the City of Kitchener is scheduled for June 16, 2005 from 5:00 p.m. to 8:00
p.m., which is the same time as the next Environmental Committee meeting. It was agreed that the
next Environmental Committee meeting would be re-scheduled to Tuesday, June 14, 2005, to hold
its regular business from 4:00 p.m. to 6:00 p.m. and reconvene at 7:00 p.m. to review this matter in
greater detail. Subsequently, any recommendation arising from the June 14 Environmental
Committee meeting will be forwarded to the Development & Technical Services Committee on
June 27, 2005 with any recommendations arising therefrom going to a special Council meeting
later that day.
Councillor B. Vrbanovic left the meeting at this time and Mr. C. Schneider assumed the Chair.
BRIGADOON AND WARDS PONDS MUNICIPAL CLASS ENVIRONMENTAL ASSESSMENT
2.
The Committee was in receipt of the draft ‘Brigadoon and Wards Ponds Environmental
Assessment - Executive Summary’, dated April 14, 2005 prepared by CH2M Hill. In addition, the
Committee was in receipt this date of the ‘Brigadoon and Wards Ponds Class Environmental
Assessment Study - Draft Summary of the Open House Responses To-date’, outlining feedback
and comments received from the general public in attendance at the open house.
Mr. Tom Mahood, CH2M Hill, presented details of the feedback from the Study Open House,
advising that 47 people attended and of those 47 they have received 8 completed comment
sheets; and anticipate receiving more by next week. Mr. Mahood reviewed the summary of
responses, advising that staff from the consultant team, the City of Kitchener and the Grand River
Conservation Authority (GRCA) were in attendance at the open house to answer people’s
questions. He stated that overall the responses were eco-themed and that most express a belief
that the ponds are an asset to the Community. He added that a majority of respondents expressed
an appreciation at having had the opportunity to comment.
Ms. Y. Fernandes advised that she had concerns with the preferred Alternative #5 (Rehabilitate
entire reach of Strasburg Creek and eliminate Wards Pond) and the effects that the draining of
Wards Pond will have on the areas overall eco-system. She expressed the opinion that not
enough background information was provided to support the preferred alternative.
In response to questions, Mr. T. Mahood advised that failure of the dam at the Brigadoon Pond
initiated investigation into the stability of the dam at Wards Pond where it was determined that
structural problems existed and it was not a matter of if the dam would fail, but when. This led to a
recommendation to lower the water level in Wards Pond to decrease the chance of the dam failing
before their work could be completed. Mr. R. Shamess advised that breaching of the dam at
Brigadoon Pond made investigation of the stability of the dam at Wards Pond and an evaluation of
its’ bank erosion, a priority. Mr. Mahood added that $660,000. was put forward as a potential cost
for this project; however, there are a range of methods, that vary in cost, which could lead to the
desired results. For example: they can lower the water level all the way down
ENVIRONMENTAL COMMITTEE MINUTES
MAY 19, 2005 - 18 - CITY OF KITCHENER
BRIGADOON AND WARDS PONDS MUNICIPAL CLASS ENVIRONMENTAL ASSESSMENT
2.
(CONT’D)
and let the pond refill naturally, which would be a cheaper means of reaching the preferred
alternative. He added that similar projects have costs in the range of $1M to $2M and that cost is
dependent upon how aggressive you want to be in regenerating the water system. Mr. Shamess
advised that to construct a new dam and rehabilitate Wards Pond would cost approximately $1.2M
and that due to the existing dam being made of sandfill, lowering the water level of Wards Pond to
relieve pressure is not a viable long-term option.
Mr. B. McColl stated that it was his preference to rehabilitate Wards Pond as it would be less
costly. Mr. T. Mahood advised that during the detailed design phase it will likely be recommended
to have most of the system remediate on its own so that a more natural system develops. He did
not agree with the $3M cost estimate suggested by Mr. McColl. Ms. B. Steiner added that the
Environmental Assessment process is not just based on cost assessment and that all issues were
balanced by the Project Team in selecting its preferred alternative.
Mr. R. Shamess stated that in the preferred alternative, for every 1 tree removed, 2 or 3 will be
planted in its place and the purpose of the off-line ponds are to provide a diversity of habitat. Ms.
Steiner added that the Strasburg Creek floodplain has been identified by the Ministry of
Environment and the Grand River Conservation Authority as a provincially significant wetland;
accordingly, those groups want to ensure that this habitat is maintained. Mr. Mahood advised that
cost elements were included in the evaluation process and that Alternative 5 scored the highest
among all the options.
Mr. C. Schneider questioned the success of the open house based upon the number of responses
received and was advised that the consultants were very satisfied with the number of people who
attended and anticipate receiving more responses. Ms. N. Sonders advised that even though she
had not reviewed the circulated material, she agreed that more information is needed for the
Committee to make an informed decision. Mr. C. Schneider suggested that this item be deferred
to allow for the circulation of more information regarding the cost of this project. He was advised
that this project has a timeframe to maintain and staff will be submitting a report on this matter to
the Development and Technical Services Committee on June 13, 2005.
Mr. D. Lippert stated that the Committee deferred this matter last month to investigate further and
hear the feedback from the Public Information Centre and was of the opinion that it would be
inappropriate for the Committee to defer this matter a second time. He commented that he
believed due diligence had been undertaken by the consultants and that the best option has been
put forward for consideration.
Mr. D. Lippert declared a pecuniary interest and abstained from further discussion and voting
regarding this matter as his business may have an interest in participating in the tendering process
for this project.
Ms. Y. Fernandes reiterated her opposition to the preferred Alternative 5, based in part on the lack
of information provided regarding the costs involved. She asked that the Committee consider
endorsing Alternative 4 (Rehabilitate Strasburg Creek at former Brigadoon Pond and maintain
Wards Pond).
On motion by Ms. Y. Fernandes -
it was resolved:
"That Alternative 4 (Rehabilitate Strasburg Creek at Former Brigadoon Pond and Maintain
Wards Pond), as outlined in the Brigadoon and Wards Pond Class Environmental
Assessment, prepared by CH2M Hill, dated April 14, 2005, be endorsed."
STRATEGIC PLAN FOR THE ENVIRONMENT - UPDATE
3.
Ms. B. Steiner advised that staff have not yet received a decision regarding their request for more
manpower to aid in updating the Strategic Plan.
ENVIRONMENTAL COMMITTEE MINUTES
MAY 19, 2005 - 19 - CITY OF KITCHENER
CRPS-05-085 - EXEMPTION TO COUNCIL POLICY I-63 (APPOINTMENT TO BOARDS
4.
AND COMMITTEES)
The Committee was in receipt of Corporate Services Department report CRPS-05-085, dated May
3, 2005 concerning the continued appointment of Ms. N. Sonders to the Committee, as she no
longer meets the eligibility requirements of Council Policy I-63.
On motion by Mr. B. McColl –
it was resolved:
"That notwithstanding the eligibility requirements of Council Policy I-63 (Appointment to
Boards and Committees) wherein lay members appointed must either reside, work or own
property in the City of Kitchener, the appointment of Ms. Nirala Sonders to the
Environmental Committee, who no longer meets the eligibility requirements herein referred
to, be re-affirmed for a term to expire November 30, 2006."
AIR QUALITY WORKING GROUP - UPDATE
5.
Ms. Y. Fernandes advised that the Working Group held a brainstorming session to determine
factors affecting air quality and how they might be able to effect change. She stated that factors
were classified into 3 categories: do-ability; education; and advocacy. She noted that Ms. N.
Sonders volunteered to compose a draft report and present it to the Working Group for review.
Mr. C. Schneider requested that a deadline be set for the completion and presentation of the draft
report.
It was agreed that the Working Group would meet and review the report on Saturday, June 11,
2005 from 10:00 a.m. to 2:00 p.m. in the Caucus Room; or alternatively in the evening of June 9,
2005.
ADJOURNMENT
6.
On motion, the meeting adjourned at 6:10 p.m.
Colin Goodeve
Committee Administrator