AGENDA FOR BOARD OF DIRECTORS THURSDAY, SEPTEMBER 4, … of... · 2019-03-31 · AGENDA FOR BOARD...

THURSDAY, SEPTEMBER 4, 2014

AGENDA FOR BOARD OF DIRECTORS

AGENDA FOR BOARD OF DIRECTORS MEETING

September 4, 2014 at 7:00 p.m.

1. CALL TO ORDER ~ McHattie

2. DECLARATION OF CONFLICT OF INTEREST

3. APPROVAL OF AGENDA

4. DELEGATIONS

5. MEMBER BRIEFING 5.1 2014 Capital Budget Progress Report ~ Don McConnell and Sandy Bell

6. APPLICATIONS – Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses 6.1 Applications for September 4, 2014 ~ Kenny

7. APPROVAL OF MINUTES OF PREVIOUS MEETING

7.1 Minutes – July 3, 2014 8. BUSINESS ARISING FROM THE MINUTES

9. PRE-DISTRIBUTED CORRESPONDENCE

9.1 Thank You Letter from Hamilton Community Foundation

10. OTHER CORRESPONDENCE

11. REPORTS 11.1 Budget & Administration Committee (Minutes – July 17, 2014) ~ Howlett 11.2 Foundation Chairman’s Report ~ MacDonald

12. OTHER STAFF REPORTS/MEMORANDUMS

12.1 Westfield Heritage Village – Visitor Centre Feasibility Study

~ Rondalyn Brown 12.2 HCA Planning & Regulation Polices & Guidelines ~ Peck - Section 3.1.7 Wetlands Policy Revision 12.3 East Mountain Wetland Restoration Project ~ Firth-Eagland 12.4 Upcoming Events ~ Costie

13. NEW BUSINESS

14. IN-CAMERA ITEMS FOR MATTERS OF LAW, PERSONNEL AND PROPERTY

15. NEXT MEETING - Thursday, October 2, 2014

16. ADJOURNMENT

Memorandum TO: Board of Directors FROM: Darren Kenny, Watershed Officer DATE: August 20, 2014 RE: Summary Enforcement Report – Development, Interference with

Wetlands and Alterations to Shorelines and Watercourses Regulation 161/06 Applications for September 4, 2014

HCA Regulation applications approved by staff between the dates of June 21, 2014 and August 20, 2014 are summarized in the following Summary Enforcement Report (SER-7/14). RECOMMENDATION THAT the Board of Directors receive this Summary Enforcement Report SER-7/14 as information.

HAMILTON REGION CONSERVATION AUTHORITY

DEVELOPMENT, INTERFERENCE WITH WETLANDS, AND ALTERATIONS TO SHORELINES AND WATERCOURSES APPLICATIONS

August 20, 2014

Development, Interference with Wetlands, and Alterations to Shorelines and WatercoursesApplications Report to the Board of Directors of the Hamilton Region Conservation Authority, Sept. 4, 2014

The proposed works are subject to HCA Regulation 161/06 under Ontario Regulation 97/04, and in particular Section 2, Subsection (1).

SUMMARY ENFORCEMENT REPORT SER 7/14Application No. Date Received Date Permit Issued Applicant Name Location Application Description Recommendation/Conditions

F/F,C,A/13/50 August 22, 2013 July 4, 2014 1264 8th Con Rd W Installation of a full-span pedestrian bridge in a regulated area of Application approved subject toPt. Lts 32 & 33, Con. 7 Upper Spencer Creek standard conditionsCity of Hamilton(Former Town of Flamborough)

SC/F,C,A/13/51 August 26, 2013 July 24, 2014 880 Queenston Rd Removal and replacement of an existing pedestrian bridge and installation Application approved subject toPt. Lt. 25, Con. 3 of stream erosion protection in a regulated area of Battlefield Creek standard conditionsCity of Hamilton(Former City of Stoney Creek)

SC/F,C,A/13/84 December 3, 2013 June 25, 2014 East of Glover Rd and North of Retrofit of the existing Clovervale stormwater management facility including Application approved subject toNorth Service Rd modifications to an instream berm structure, the construction of a secondary standard conditionsPt Lot 10, Con. 1 & BFC ditch inlet structure, and the removal of sediment from the watercourseCity of Hamilton channel and culvert within a regulated area of Stoney Creek Watercourse (Former City of Stoney Creek) No. 6.3

SC/F,C,A/14/01 January 3, 2014 July 17, 2014 Robb Ave and Battlefield Dr Completion of erosion protection works at the Robb Avenue stormwater Application approved subject toPt. Lt. 26, Con. 4 outfall in a regulated area of Battlefield Creek standard conditionsCity of Hamilton(Former City of Stoney Creek)

SC/F,C,A/14/04 January 27, 2014 June 25, 2014 35 Church St Construction of an armourstone shoreline revetment in a regulated area of Application approved subject toPt. Lt 21, BFC the Lake Ontario shoreline standard conditionsCity of Hamilton DFO and MNR Approval Obtained(Former City of Stoney Creek)






August 20, 2014














August 20, 2014





A/F,C/14/32 May 23, 2014 July 8, 2014 64 Ravina Crescent Demolition of an existing single family residence and construction of a new Application approved subject toPt. Lt. 43, Con. 3 single family residence in a regulated area of Ancaster Creek standard conditionsCity of Hamilton (Former Town of Ancaster)

H/F,C/14/34V May 29, 2014 July 16, 2014 30 Mayfair Crescent Construction of a new slope retaining wall and repairs to pool surround and Application approved subject toPt. Lt 14, Con. 2 upper patio wall in a regulated area of Lower Spencer Creek standard conditionsCity of Hamilton Application submitted to resolve a

violation

F/C/14/36 June 2, 2014 July 17, 2014 636 Millgrove Side Rd Construction of a slab-on-grade detached storage shed in a regulated area Application approved subject toPt. Lt. 19, Con. 3 of the Logie’s Creek-Parkside Drive Provincially Significant Wetland Complex standard conditionsCity of Hamilton(Former Town of Flamborough)

F/F,C/14/37 June 2, 2014 July 3, 2014 153 Valley Rd Completion of ditching works and driveway culvert replacement in a regulated Application approved subject toPt. Lt 22, Con. 2 area of Borer’s Creek standard conditionsCity of Hamilton(Former Town of Flamborough)

Application approved subject toH/F,C,A/14/39 June 4, 2014 July 9, 2014 Red Hill Valley Pkwy between Repair of stormwater management facility #113 in a regulated area of Redhill standard conditions

Queenston Rd and Barton St CreekPt. lt. 30, Con. 2City of Hamilton

SC/F,C,A/14/40 June 9, 2014 June 25, 2014 49 Church St Construction of an armourstone shoreline revetment in a regulated area of Application approved subject toPt. Lt 21, BFC the Lake Ontario shoreline standard conditionsCity of Hamilton DFO and MNR Approval Obtained(Former City of Stoney Creek)

A/F/14/41 June 13, 2014 July 17, 2014 777 Garner Rd E Construction of a pedestrian trail connecting sports facilities on college Application approved subject toPt. Lt. 49, Con. 3 property in a regulated area of Tiffany Creek and the Tiffany Creek standard conditionsCity of Hamilton Provincially Significant Wetland(Former Town of Ancaster)



August 20, 2014




SC/F,C,A/14/43 June 25, 2014 July 17, 2014 50 Seabreeze Crescent Repair of an existing concrete block shorewall in a regulated area of the Lake Application approved subject toPt. Lt. 9, BFC Ontario shoreline standard conditionsCity of Hamilton(Former City of Stoney Creek)

SC/F,C,A/14/45 June 30, 2014 July 22, 2014 412 Upper Centennial Pkwy Like-for-like replacement of an existing driveway culvert in a regulated area Application approved subject toPt. Lt. 24, Con. 5 of Battlefield Creek standard conditionsCity of Hamilton(Former City of Stoney Creek)

F/F,C/14/46 July 3, 2014 July 24, 2014 33 Park Ave Installation of an in-ground swimming pool and spreading of excavated fill Application approved subject toPt. Lt. 10, Con. 1 material in a regulated area of Middle Spencer Creek standard conditionsCity of Hamilton(Former City of Stoney Creek)

F/F/14/48 July 10, 2014 July 22, 2014 R.O.W at 1060 Westover Rd Completion of roadside ditching in a regulated area of Westover Creek and Application approved subject toPt. Lt. 31, Con. 5 the Sheffield-Rockton Provincially Significant Wetland Complex standard conditionsCity of Hamilton(Former Town of Flamborough)


MINUTES

Board of Directors Meeting

July 3, 2014 Minutes of the Board of Directors meeting held on Thursday, July 3, 2014 at Woodend Auditorium, 838 Mineral Springs Road, Ancaster, Ontario at 7:00 p.m. PRESENT: Brian McHattie, in the Chair Dan Bowman Tom Jackson Santina Moccio Duke O’Sullivan Robert Pasuta Brad Whitcombe

Richard MacDonald, Foundation Chair PHONE: James Howlett REGRETS: Chad Collins, Brenda Johnson, Maria Topalovic STAFF PRESENT: Sandy Bell, Lisa Burnside, Grace Correia, Gord Costie, Chris

Firth-Eagland, Darren Kenny, Judy Love, Don McConnell, and Neil McDougall – HCA Staff

1. CALL TO ORDER

The Chair called the meeting to order and welcomed everyone present.

2. DECLARATIONS OF CONFLICT OF INTEREST

The Chair asked members to declare any conflicts under the Board's Governance Policy. There were none.

Board of Directors -2- July 3, 2014

3. APPROVAL OF AGENDA

The Chair requested any additions or deletions to the agenda. The Chair indicated that there is one item under 8.1 – Business Arising from the Minutes – Hermitage Ruins; and there are two additional items under 14.2 – In Camera Items – one property matter and one personnel matter. BD12,1998 MOVED BY: Brad Whitcombe

SECONDED BY: Robert Pasuta THAT the agenda be approved as amended.

CARRIED

4. DELEGATIONS There is none.

5. MEMBER BRIEFING 5.1 Conservation Foundation Richard MacDonald provided a presentation on the Conservation Foundation. The Foundation has raised over $8M since 1976. What are we doing now:

• strengthen and expand our annual donor base – making every effort to gain

new donors and hold on to the ones we have • capital campaign – Eco Park – we have been successful with this project and

have learned a lot. Would like to make this a permanent feature • strengthen the Board – retool Board meetings – more opportunity for Director

engagement and decision making • drafting the by-laws Richard MacDonald indicated that we will be facing challenges ahead. Fundraising is very competitive and grants are getting hard to get. Brian McHattie thanked Richard and Grace for all their hard work and for providing an update to the Board members.


6. APPLICATIONS - DEVELOPMENT, INTERFERENCE WITH WETLANDS, AND ALTERATIONS TO SHORELINES AND WATERCOURSES (Copies of the supporting staff report are available from the Authority's Administration Office)

Darren Kenny presented the report and answered Board member’s questions.

BD12,1999 MOVED BY: Brad Whitcombe SECONDED BY: Dan Bowman

THAT the Board of Directors receive the Summary Enforcement Report SER – 6/14.

CARRIED

7. MINUTES OF PREVIOUS MEETING (June 5, 2014)

BD12,2000 MOVED BY: Santina Moccio SECONDED BY: Tom Jackson THAT the Board of Directors approve the following recommendation: THAT the minutes of the Board of Directors meeting held on June 5, 2014 be approved.

CARRIED

8. BUSINESS ARISING FROM THE MINUTES 8.1 Hermitage Ruins - Update

Chris Firth-Eagland indicated that he and Sandy Bell attended the Heritage Permit Review Subcommittee Meeting on June 24 with a revised plan to better reflect the wishes of the committee keeping in mind the structural and budget constraints involved. Once again, the Committee did not like our proposal and has denied our permit application. The next step is to have the permit application addressed at the Hamilton Municipal Heritage Committee meeting, then the Planning Committee, and then the Council Meeting.


Board members are very disappointed with the decision and are very concerned with the safety accepts of the Ruins. After much discussion, the Board members agreed to wait for the decision from the Hamilton Municipal Heritage Committee.

9. PRE-DISTRIBUTED CORRESPONDENCE

The following correspondence was received: 9.1 Thank You Card from New City Church 9.2 Congratulations Letter from Okey Dokey Collectables re Christie Antique

Show BD12,2001 MOVED BY Santina Moccio SECONDED BY Tom Jackson

THAT the pre-distributed correspondence be received. CARRIED

10. OTHER CORRESPONDENCE

There was none.

11. REPORTS 11.1 Conservation Advisory Board (Minutes – June 12, 2014) Dan Bowman presented the minutes of the Conservation Advisory Board meeting held on June 12, 2014. Resolution Number from Conservation Advisory Board Minutes – CA1424 – Desjardins Canal Parklands Restoration Project Update BD12,2002 MOVED BY: Dan Bowman

SECONDED BY: James Howlett THAT the Board of Directors approve the following recommendations: THAT the HCA Board of Directors approve the change in design approach to the chimney square area of the Desjardins Canal Parklands project as proposed by the Dundas Rotary Clubs; and further


THAT the staff update report on the Desjardins Canal Parklands Restoration Project be received.

CARRIED Motion to Receive the Minutes

BD12,2003 MOVED BY: Dan Bowman

SECONDED BY: Santina Moccio THAT the minutes of the Conservation Advisory Board meeting held on June 12, 2014 be approved.

CARRIED 11.2 Foundation Chairman’s Report

Richard MacDonald reported on the following:

• Total donations for June - $40,327 o $28,6000 represented an installment in a 3 year grant from the Ontario

Trillium Foundation for the Dundas Valley 50 Year Vision Implementation Project

o $5,600 was received in four gifts for the EcoPark Campaign o $600 was donated from local service clubs to the Westfield Friends

Equipment Fund o The remaining $5,200 is made up of gifts to the Dundas Valley, land

securement, education and gifts made with pass renewals.

• Our June donations bring our fiscal year to date (December to June) fundraising total up to $759,429

12. OTHER STAFF REPORTS/MEMORANDUMS

12.1 Quotation – Tender Approval – Roof Replacement at Woodend Chris Firth-Eagland presented the report. Chris indicated that approximately 750 square metres of roof needs to be replaced on the newest part of the building at Woodend. Steel roofing will save approximately 10 – 20% in heating and cooling energy savings. Chris indicated that this is a self venting roof with a 50 year warranty. A public tender was issued on this project. BD12,2004 MOVED BY: Robert Pasuta

SECONDED BY: Santina Moccio


THAT the Board of Directors approve the following recommendations: THAT the Board of Directors award the quotation for the replacement of the roof at Woodend to Superior Steel Roof Systems for the amount totalling $72,684.99, including HST and a $7,268.50 contingency sum.

CARRIED

12.2 Upcoming Events

Gord Costie provided an update of the upcoming events that are included in the agenda package. Gord indicated that the conservation areas were very busy with Canada Day activities. Pass sales are going very well. June hit the highest amount ever sold.

13. NEW BUSINESS 13.1 Large Fill Policy

Robert Pasuta indicated that he was interviewed on the Billy Kelly Show on July 3. He indicated that Grand River Conservation Authority, Conservation Halton, HCA, MOE, and City of Hamilton will be setting up round table discussions to move forward on this project.

14. IN-CAMERA ITEMS FOR MATTERS OF LAW, PERSONNEL AND PROPERTY

BD12,2005 MOVED BY: Duke O’Sullivan SECONDED BY: Santina Moccio THAT the Board of Directors moves in camera for matters of law, personnel and property.

CARRIED There was two personnel matters and one property matter discussed during the in camera session.

14.1 Confidential Report BD/Jul 01-2014 Lisa Burnside presented the report. BD12,2006 MOVED BY: Robert Pasuta


SECONDED BY: Dan Bowman THAT the Board of Directors approve the following recommendations: THAT Report BD/Jul 01-2014 be approved and remain in-camera.

CARRIED

14.2 Confidential Report BD/Jul 02-2014 Chris Firth-Eagland presented the report. BD12,2007 MOVED BY: Tom Jackson

SECONDED BY: Santina Moccio THAT the Board of Directors approve the following recommendations: THAT Report BD/Jul 02-2014 be approved and remain in-camera.

CARRIED

14.3 Confidential Correspondence Received - BD/Jul 03-2014 Chris Firth-Eagland indicated that HCA staff and board members received confidential correspondence which was not related to HCA business. This correspondence was not received.

BD12,2008 MOVED BY: Duke O’Sullivan

SECONDED BY: Robert Pasuta THAT the Board of Directors moves out of in camera.

CARRIED

15. NEXT MEETING

The next meeting of the Board of Directors will be held on Thursday, September 4, 2014 at 7:00 p.m. at Woodend Auditorium, 838 Mineral Springs Road, Ancaster, Ontario.


16. ADJOURNMENT

On motion, the meeting adjourned.

HAMILTON CONSERVATION AUTHORITY

MINUTES

Budget & Administration Committee

July 17, 2014 Minutes of the Budget & Administration Committee meeting held on Thursday, July 17, 2014 at Woodend Auditorium, 838 Mineral Springs Road, Ancaster, Ontario, and 6:00 p.m. PRESENT: James Howlett, in the Chair Santina Moccio

Brad Whitcombe REGRETS: Brian McHattie and Duke O’Sullivan STAFF PRESENT: Lisa Burnside, Gord Costie, Neil McDougall, and Scott Peck -

HCA Staff GUEST: David Outerbridge 1. CHAIRMAN’S REMARKS

James Howlett welcomed members and staff. James also welcomed David Outerbridge.

2. DECLARATIONS OF CONFLICT OF INTEREST

There was none.

3. CHAIRMAN’S REPORT ON BOARD OF DIRECTORS ACTIONS

James Howlett reported that all recommendations from the April 17, 2014 Budget & Administration Committee meeting were approved by the Board of Directors.

Budget & Administration Committee July 17, 2014

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4. DELEGATIONS There was none. 5. MINUTES FROM THE PREVIOUS MEETING (April 17, 2014)

BA1420 MOVED BY: Brad Whitcombe SECONDED BY: Santina Moccio

THAT the minutes of the Budget & Administration Committee meeting held on April 17, 2014 be approved as written.

CARRIED

6. BUSINESS ARISING FROM THE MINUTES

There was none. 7. REPORTS 7.1 6 Month Financial Results Neil McDougall provided an update on the 6 month financial results.

• HCA – all divisions in good position after the first half • Confederation Park – will be difficult to meet plan as attendance hurt by cool

summer. Attendance is tracking last year • Westfield Heritage Village – doing better after tough first quarter. May reach

plan if there is a strong December this year.

BA1421 MOVED BY: Brad Whitcombe SECONDED BY: Santina Moccio THAT the 6 month financial results be received.

CARRIED 7.2 Vendor Listing Neil McDougall presented the vendor listing report.

BA1422 MOVED BY: Santina Moccio


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SECONDED BY: Brad Whitcombe

THAT the Vendor Listing report be received. CARRIED

7.3 2015 Preliminary Capital Budget Neil McDougall indicated that there will be no report until the Fall. Team of Chris

Firth-Eagland, Engineering and Park Superintendents are currently developing list of projects to prioritize.

7.4 Governance Review

Lisa Burnside presented the report and indicated that the new governance

document specifies that the Budget & Administration Committee undertake a review of the Governance Policies on an annual basis.

The lawyer, David Outerbridge, who assisted HCA in its governance review,

recommended that the annual review process begin in 2014 (July) once there is a year of experience for the committee to review.

The recommendations contained in this report are amendments to reflect current

practice and to ensure the document remains relevant and current. David Outerbridge stressed the importance of telephone over email. Telephone

allows debate whereas email does not. Brad Whitcombe indicated that given the present schedule of meetings being posted well in advance, there shouldn’t be much need for telephone or email.

In response to a question about the pending changes to the Ontario Not-for-Profit

Corporations Act, Mr. Outerbridge indicated that he did not expect there to be much impact to HCA.

BA1423 MOVED BY: Santina Moccio

SECONDED BY: Brad Whitcombe

THAT the Budget & Administration Committee recommends that the Board of Directors:

1. Amend Section 17.6 (“Voting by Telephonic or

Electronic Means”) of the Administrative Regulations and Governance Policies, as noted in this report to clarify rules and proceedings regarding voting by telephone and email and requirement of Board to


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vote at next meeting to ratify any vote that was not unanimous

2. Direct staff to consider, and report back to the

Budget & Administration Committee regarding, recommendations generated by Conservation Ontario on steps that may be required for Conservation Authorities to comply with the Ontario Not-for-Profit Corporations Act once it comes into force in a few years’ time; and

3. Request that the Budget & Administration

Committee, in addition to conducting annual governance reviews as provided for in Section 31.3 (“Governance”) of the Administrative Regulations and Governance Policies, undertake a comprehensive review of the Administrative Regulations and Governance Policies in 2018.

CARRIED

8. NEW BUSINESS There was none. 9. IN-CAMERA ITEMS FOR MATTERS OF LAW, PERSONNEL AND

PROPERTY BA1424 MOVED BY: Brad Whitcombe

SECONDED BY: Santina Moccio THAT the Budget & Administration Committee moves in camera for matters of law, personnel and property.

CARRIED There was one personnel matter discussed during the in camera session. 9.1 Confidential Report – BA/Jul 01-2014 – Hamilton-Halton Watershed

Stewardship Program Scott Peck presented the report. BA1425 MOVED BY: Brad Whitcombe

SECONDED BY: Santina Moccio


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THAT the Budget & Administration Committee recommends to the Board of Directors: THAT Report BA/Jul 01-2014 be approved and remain in-camera.

CARRIED

BA1426 MOVED BY: Santina Moccio SECONDED BY: Brad Whitcombe THAT the Budget & Administration Committee moves out of in camera.

CARRIED 10. NEXT MEETING

The next meeting will be scheduled on Thursday, September 18, 2014 at 6:00 p.m. at Woodend Auditorium, 838 Mineral Springs Road, Ancaster, Ontario.

11. ADJOURNMENT

On motion, the meeting adjourned.

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Report TO: Budget & Administration Committee Members FROM: Lisa Burnside, Director of Human Resources DATE: June 30, 2014 RE: Governance Review STAFF RECOMMENDATION THAT the Budget & Administration Committee recommends that the Board of Directors:

1. Amend Section 17.6 (“Voting by Telephonic or Electronic Means”) of the Administrative Regulations and Governance Policies, as noted in this report to clarify rules and proceedings regarding voting by telephone and email and requirement of Board to vote at next meeting to ratify any vote that was not unanimous

2. Direct staff to consider, and report back to the Budget & Administration

Committee regarding, recommendations generated by Conservation Ontario on steps that may be required for Conservation Authorities to comply with the Ontario Not-for-Profit Corporations Act once it comes into force in a few years’ time; and

3. Request that the Budget & Administration Committee, in addition to

conducting annual governance reviews as provided for in Section 31.3 (“Governance”) of the Administrative Regulations and Governance Policies, undertake a comprehensive review of the Administrative Regulations and Governance Policies in 2018.

BACKGROUND HCA undertook a review of its Administrative Regulations and Governance Policies (the “Governance Policies”) last year, finalizing with Board of Directors approving the new document at its July 4, 2013 meeting. The new governance document specifies that the

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Budget & Administration Committee undertake a review of the Governance Policies on an annual basis. STAFF COMMENT The Governance Policies state: 31.3 Governance: In addition to its other functions, the B&AC will also oversee and make recommendations to the Board of Directors regarding the good corporate governance of the HCA. For this purpose, the mandate of the B&AC is to: (a) monitor compliance by the Board of Directors, by the B&AC and by the officers of the HCA with these Administrative Regulations and Governance Policies, and (b) assess whether improvements to existing regulations and policies are warranted, either to address a shortcoming or to reflect best practices in good corporate governance. The B&AC shall report at least annually to the Board of Directors on both aspects of its mandate, and the Board shall decide, following receipt of the B&AC’s report, whether action is appropriate or required to ensure the continued good corporate governance of the HCA. The lawyer, David Outerbridge, who assisted HCA in its governance review recommended that the annual review process begin in 2014 (July) once there is a year of experience for the committee to review. He suggested that four broad components be considered as part of the annual review process. The Budget & Administration Committee agreed to this approach at their October 2013 meeting. The four components for the annual governance review are set out below. Following each item are staff’s comments and recommendations: 1. A general review of whether there has been compliance with the Administration

Regulations and Governance Policies in the past year - e.g., do the procedures reflect actual practice and, if not, is the consequence that the document should be changed or that the practices should change.

Staff comment and recommendation: Based on available information, staff’s understanding is that there has been compliance with the Governance Policies, with the possible exception of urgent email votes under Section 17.6 of the Governance Policies, which on occasion have been used when a meeting by telephone conference call could have been held, and which have not been ratified by the Board at the first regular Board meeting after the email vote. It is recommended that Board practice relating to urgent votes under Section 17.6 of the Governance Policies be modified going forward, as follows:

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• As provided in Section 17.6, urgent votes should be taken at a Board meeting that is held by telephone conference call (rather than by email) unless it is impracticable to do so. The conference call should follow the format of a regular in camera Board meeting.

• Urgent votes by their nature cannot comply with the 5-day notice requirement for regular Board meetings specified in Section 14.1 of the Governance Policies. Staff recommends that Section 14.1 of the Governance Policies be amended by adding at the end of the Section the following sentence:

“However, in the case of urgent motions under Section 17.6, the notice requirements in this Section do not apply, and the Chair may call the urgent meeting on one day’s notice to the members of the Board of Directors, and such notice shall be sufficient unless any Board member objects at or prior to the meeting in question.”

• If an email vote must be conducted because of the urgency of the issue and a telephone conference call is impracticable, the procedures for email voting set out in Section 17.6 should be followed, including the requirement that the Board vote at the next Board meeting whether to ratify any email vote that was not a unanimous resolution signed by all Board members.

• For unanimous resolutions that are proposed to be signed by all Board members, staff recommend that all members of the Board of Directors be provided with an electronic image of their handwritten signature, which can be used by Board members to sign Board resolutions electronically.

2. Consideration of any corporate governance developments in Ontario generally affecting Conservation Authorities or non-profit companies - e.g., the application of Ontario Not-for-Profit Corporations Act (ONCA), any revisions to the Minister's general regulation, etc. Depending on the year, there may or may not be anything to do under this item.

Staff comment and recommendation: ONCA is currently being studied and considered by Conservation Ontario, which has struck up a committee to investigate ONCA further and any suggested changes for Conservation Authorities. After an initial meeting earlier this year, they are looking to reconvene again shortly. The Government of Ontario has announced that ONCA will not come into force before 2016, and there is a three-year grace period for corporations to take steps to comply with ONCA. At this time, it is staff’s recommendation that Conservation Ontario take the lead on ONCA and that we consider and report back to the Budget &

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Administration Committee on any recommendations by their committee once they are released.

3. Consideration of any specific problems of corporate governance that have arisen

during the year that merit further Board attention - e.g., if there have been problems relating to meeting procedures, voting, conflicts of interest, etc. Again, in a year that is quiet relating to governance issues, there may be nothing to do here. In other years, there may be one or more issues that would benefit from more detailed consideration.

Staff comment and recommendation: Staff have no problems to report.

4. Give periodic detailed consideration to whether the document continues to reflect

best practices. This could be accomplished by annual reviews of specific sections of the document on a rotating basis - e.g., a few sections of the document could be reviewed in detail each year so that over the course of five years the entire document will have been considered in detail. Otherwise, a comprehensive review can take place every 5 years or so.

Staff comment and recommendation: Staff recommend a comprehensive review of the Governance Policies take place in 2018, in addition to the annual governance review conducted under Section 31.3 of the Governance Policies.

STRATEGIC PLAN LINKAGE The governance review initiative refers directly to the HCA Strategic Plan 2014-2018:

• Strategic Goal #5 – Organizational Excellence o Strategic Objective – promote the leadership, mandate and responsibilities

of the Board of Directors, their committees and advisory boards. o Strategic Objective - promote the role and mandate of the Hamilton

Conservation Authority and the services we provide to the public and our partner organization.

CONCLUSIONS The recommendations contained in this report are amendments to reflect current practice and to ensure the document remains relevant and current.

Report TO: Board of Directors FROM: Chris Firth-Eagland, Chief Administrative Officer (CAO) RECOMMENDED & Rondalyn Brown, Manager – Westfield Heritage Village PREPARED BY: DATE: August 18, 2014 RE: Westfield Heritage Village – Visitor Centre Feasibility

Study STAFF RECOMMENDATION THAT the HCA staff recommends to the Board of Directors: THAT staff be authorized to apply to the Canada Cultural Spaces Fund for development of a Feasibility Study for the Westfield Heritage Visitor Centre. BACKGROUND Westfield Heritage Village celebrates its 50th Anniversary in 2014. Over this fifty year period, the site has witnessed tremendous growth in all areas, including attendance, historical assets, program scope, volunteer participation, community involvement and demand for facilities. What has not kept pace is the museum’s ability to provide appropriate facilities to accommodate a range of visitor needs, including information, orientation, comfort and shelter. Additionally, facilities for volunteer services, administration and tour group management are scattered, inadequate and insufficient. Excessive stress is now being placed on the current facilities and the need for a visitor centre has become critical. Westfield Heritage Village would like to undertake a Feasibility Study to identify the need, size, location, functions, staffing and finances for a Visitor’s Centre at the Village. Funding for the study would be cost shared with community and government partners. The Feasibility Study would provide critical information necessary to go forward with plans to fundraise and construct the appropriate facility.

STAFF COMMENT The need for improved visitor facilities has been recognized for some time, and the 2005 Westfield Heritage Village Master Plan, Site Development section explicitly proposes the addition of an Orientation Centre (now referred to as a Visitor Centre). It recommends that such a facility be created “to provide a key staging area for most visits to the Village”, and that it be designed to enhance the experience of visitors through providing site orientation, information services, adequate washroom facilities, and a “weather-proof gathering area for visitors and groups”. There are two parts to the feasibility study; one addressing the building itself and other looking at the potential for funding for the project. In general, the goals of the Feasibility Study are to identify the need, marketability, functions, size, location, staffing, costs and funding for a new Visitor Centre at Westfield Heritage Village. STRATEGIC PLAN LINKAGE The initiative refers directly to the HCA Strategic Plan 2014-2018:

• Strategic Goal #3 – Conservation Area Experience o Strategic Objective – Maintain and enhance conservation area infrastructure

and natural heritage features within the context of approved master plans.

• Strategic Goal #5 – Organizational Excellence o Strategic Objective - Promote the role and mandate of the Hamilton

Conservation Authority, and the services we provide, to the public and partner organizations.

AGENCY COMMENTS Not applicable. LEGAL/FINANCIAL IMPLICATIONS The Hamilton Conservation Foundation has provided the required matching contribution for the feasibility study. CONCLUSIONS Staff require Board approval to be eligible to apply for the Canada Cultural Spaces Fund for development of a Feasibility Study for the Westfield Heritage Village Centre.

Report TO: Board of Directors FROM: Chris Firth-Eagland, Chief Administrative Officer (CAO) RECOMMENDED & T. Scott Peck, MCIP, RPP, Director, Watershed Planning PREPARED BY: & Engineering DATE: August 5, 2014 RE: HCA Planning & Regulation Policies & Guidelines –

Section 3.1.7 Wetlands Policy Revision STAFF RECOMMENDATION THAT the HCA staff recommends to the Board of Directors: THAT Section 3.1.7 i), subsection ii) of the HCA Planning & Regulation Policies and Guidelines be deleted. BACKGROUND Section 3.1.7 of the Hamilton Conservation Authority Planning & Regulation Policies & Guidelines provides direction to staff regarding development and Provincially Significant Wetlands and Non-Provincially Significant Wetlands. The policies dictate that a permit is required for development or site alteration within 30 metres of the wetland and a Letter of Permission is required for development and site alteration between 30 metres and 120 metres of a wetland. While staff are undertaking an overall review of the HCA Planning & Regulations Policies and Guidelines, it is noted that in general terms; these policies have been effective in guiding development and site alteration proposals and provide staff adequate direction in reviewing and assessing such proposals. This overall review is ongoing and suggested modifications to the policy and guideline framework will be presented to the Board of Directors for endorsement over the next 12 to 18 months. Prior to our review of this document, staff were aware of an issue relating to Section 3.1.7 i), subsection ii). This section outlines that “No swimming pools (above-ground

and in-ground) permitted” within 30 metres of a Provincially Significant Wetland or Non-Provincially Significant Wetland. While it was staff’s intention to address this issue as part of our overall review of the policy and guideline document, there have been recent proposals that necessitate a standalone revision. STAFF COMMENT The existing policy is prohibitive in that staff has no ability to assess the proposal as the policy presents an outright prohibition on swimming pools within 30 metres of a wetland. An application submitted would require a Hearing before the Board of Directors. While there may be instances where a pool should not be built within 30 metres of a wetland, the determination regarding whether a pool should be constructed should be based on a site specific analysis based on a variety of conditions (hydrology, groundwater flow, elevation differences and natural heritage features) and would be demonstrated through the completion of an environmental impact study. As noted, the current policy does not provide this opportunity. Staff are of the opinion that the prohibition should be removed and that Section 3.1.7 i) subsection ii) should be deleted. In implementing this change, a proposal to construct a swimming pool would still require a permit from the HCA and the permit application would include the submission of an environmental impact study. This study would need to demonstrate that the swimming pool would not negatively impact the wetland feature or function. STRATEGIC PLAN LINKAGE The initiative refers directly to the HCA Strategic Plan 2014-2018:

• Strategic Goal #5 – Organizational Excellence o Strategic Objective – Promote the role and mandate of the Hamilton

Conservation Authority, and the services we provide, to the public and partner organizations.

AGENCY COMMENTS Not applicable. LEGAL/FINANCIAL IMPLICATIONS Not applicable.

CONCLUSIONS Deleting section 3.1.7 i), subsection ii) of the HCA Planning & Regulation Policies & Guidelines removes a prohibition on development and provides flexibility in reviewing proposals to construct a swimming pool within 30 metres of a wetland and introduces a permit requirement and an environmental impact study as a method to assess such proposals on a site specific basis.

Report TO: Board of Directors FROM: Chris Firth-Eagland, Chief Administrative Officer (CAO) DATE: August 25, 2014 RE: East Mountain Wetland Restoration Project STAFF RECOMMENDATION THAT the HCA staff recommends to the Board of Directors: THAT staff be directed to enter into Contribution Agreements and any other ancillary agreements with the City of Hamilton and the Heritage Green Community Trust, necessary to facilitate the granting and management of funds of $2 million from each entity, for the purpose of land acquisition in the Upper Stoney and Battlefield Creeks watersheds, in the vicinity of the Devil’s Punch Bowl; and THAT $500,000 from the HCA land acquisition fund be dedicated as its contribution to support this land acquisition project; and THAT the HCA be directed to enter into a contribution agreement and any other ancillary agreements with the Hamilton Conservation Foundation necessary to facilitate the granting and managing of the $250k from the Hamilton Conservation Foundation in support of this land acquisition project; and further THAT staff be directed to apply on behalf of the HCA to appropriate external granting agencies for additional sums as deemed necessary to facilitate the research, design, development, stewardship and management of the lands acquired in this land acquisition project. BACKGROUND In early 2014, the Heritage Green Community Trust, asked if the HCA would suggest a “legacy” project for potential funding consideration on the East Hamilton Mountain. The concept of acquiring lands for a new conservation area was discussed and received

with considerable enthusiasm. Subsequently the HCA Board of Directors at its meeting of April 3, 2014 authorized the CAO to pursue a joint funding relationship with the Trust. Presentations to the Heritage Green Community Trust and staff discussions have furthered the concept and support for a joint funding relationship. A grant request for $2 million was made. Councillor Brad Clark, as a member of the Trust’s Board has fully endorsed the funding request and as a member of City Council, forwarded a notice of motion requesting the City of Hamilton to match the Trust’s commitment. The total funding under the notice of motion format would equal $2 million dollars from each of these two partners. Contributions of $500 k from the HCA land acquisition fund and $250 k from the Hamilton Conservation Foundation were suggested at the April 3, 2014 HCA Board meeting. STAFF COMMENT In recent years there has been increasing pressure for this agency to improve our presence and efforts in the eastern area of our watershed. To this end, we have been working quietly on a general concept of establishing a new conservation area on the East Hamilton Mountain. It has been envisioned that a fundamental function of this new conservation area would be its role in mitigating surface water runoff issues. Upper Stoney and Battlefield Creek watersheds have been prime candidates due to their rural attributes of open space, areas of low functioning agricultural lands, appropriate zoning regulations, low flow attributes and their potential through wetland restoration for beneficial storm water management. At the Board of Directors meeting of April 3, 2014, direction was given to pursue potential funding sources, following the concept of creating this new conservation area. A small HCA staff team made a presentation on this concept to the Heritage Green Community Trust. The Trusts Board of Directors enthusiastically received our presentation and subsequently Councillor Brad Clark, who is a member of the Board, advanced our request for $2 million in land acquisition funding from Heritage Green; by asking the Municipality to match the ask, with a further $2 million. The Councillor’s notice of motion is public and will be considered by City Council on September 10. The funding source both for the Heritage Green Community Trust and the City of Hamilton is a tipping fee from the Newalta landfill on the East Mountain. These funds must be utilized for community initiatives in the general precinct of the Newalta landfill. In addition to the $4 million in funds noted, the HCA will commit $500 k for land acquisition and restoration. The HCA funding will be mostly from a bequeathment we are receiving that is restricted by Board direction for land acquisition. The Hamilton

Conservation Foundation will be supporting the project with an initial $250 k pledge for “soft costs” such as staff time, surveys, legal fees, severances, etc. It is important to note that virtually all of the funding totalling $4,750,000 comes from sources outside of HCA base funding and none from taxpayer levy. Additional funding is now being sourced to support the project, beyond land securement. These fund requests are initially targeting stewardship initiatives, water management research/design and wetland restoration project work. This overall initiative presents a tremendous opportunity and challenge for the HCA. It will involve virtually every aspect of our collective functions and will require a significant team effort to succeed. STRATEGIC PLAN LINKAGE This initiative supports all 5 of the HCA 2014-2018 Strategic Plan goals.

• Water Management • Natural Heritage Conservation • Conservation Area Experience • Education and Environmental Awareness • Organizational Excellence

AGENCY COMMENTS Not applicable. LEGAL/FINANCIAL IMPLICATIONS Many legal and financial matters will need to be addressed during the course of this long range initiative. Examples including but not limited to, would be, contribution agreements, purchase and sale agreements, easements, land severances, etc. All legal and financial requirements will be brought through the Budget & Administration Committee to the Board of Directors, for consideration. CONCLUSIONS The creation of a new conservation area on the Stoney Creek Mountain is a long range proposal. The securement of significant land acquisition funding is the first step in this initiative.

The approval of the recommendations within this report will facilitate the securement of acquisition funding, leading to a “legacy” project that will benefit this community in accordance with virtually every aspect of the HCA’s strategic plan.

UPCOMING HCA EVENTS

September Long Weekend Campout August 29 – September 1 Valens Lake Conservation Area 1691 Regional Road 97 (R.R.#6), Flamborough, Ontario N1R 5S7 Reservations recommended. For more information, please call Valens Lakeat 905-525-2183 or 519-621-6029 or email [email protected]

Valens Lake Corn Roast August 30 Valens Lake Conservation Area 1691 Regional Road 97 (R.R.#6), Flamborough, Ontario N1R 5S7 For more information, please call Valens Lake at 905-525-2183 or 519-621-6029 or email [email protected]

Labour Days Sunday August 31 and September 1, 12:30 – 4:00 Westfield Heritage Village 1049 Kirkwall Road, Rockton, Ontario L0R 1X0 This day will focus on the various trades that contributed to small communities in early Canada. Visit the Print Shop, Cabinetmaker’s Shop, Dry Goods Store, General Store, Boot and Harness Shop, Planing Mill and more.

Western Day September 1 Wild Waterworks Van Wagners Beach Road, Hamilton, ON L8E 3L8 Join KX 94.7 FM as we celebrate the country! Wear your favourite western outfit and participate in line dancing and much much more!

Christie Antique Show September 6, 8 a.m. – 5 p.m. Christie Lake Conservation Area 1000 Highway 5 West, Dundas, Ontario, L9H 5E2 Canada’s favourite Antique Show with hundreds of dealers and almost 10 acres of antiques. Here you'll find china, jewellery, golf items, tins, scientific instruments, folk art, postcards, native artefacts, Canadian country, fine art, nostalgia items, furniture and much more. Browse or buy that special something from 8 a.m. to 5 p.m., rain or shine. Food vendors provide lunch or a light snack. Admission fee applies.

mailto:[email protected]

mailto:[email protected]

Harvest Sundays Sunday September 7, 21, 28 and October 5, 19 12:30 – 4:00 Westfield Heritage Village 1049 Kirkwall Road, Rockton, Ontario L0R 1X0 Discover how food was grown, harvested, preserved and used in early Canada and enjoy the amazing fall colours.

Bright Run Dundas Valley September 6 A walkathon fund raiser for the Juravinski Cancer Centre. May see up to 900 people again at the DVCA Trail Centre and along the Rail Trail.

Wiggle Waggle September 7 Wild Waterworks Van Wagners Beach Road, Hamilton, ON L8E 3L8 SPCA

Mito Canada Foundation Walk-A-Thon September 13 Confederation Park 680 Van Wagner’s Beach Road, Hamilton, Ontario, L8E 3L8

Equestrian Ride Dundas Valley Conservation Area September 12 - 14 650 Governors Road, Dundas, Ontario L9H 5E3 Camp overnight in the magnificent Dundas Valley and enjoy a weekend of trail riding and fun all in support of a great cause. Camp Friday and Saturday night, including a delicious dinner Saturday evening or camp just Saturday evening. Campers must pre-register by calling 905-525-2181. On Saturday from 10 a.m. to 4 p.m., take part in guided and unguided rides, a poker run and the chance to win great prizes. All monies raised go toward Dundas Valley trails, including horse-friendly bridges. For more information, please call 905-525-2181.

Telling Tales: A Family Festival of Stories September 14, 10:00 a.m. to 4:00 p.m. Westfield Heritage Village 1049 Kirkwall Road, Rockton, Ontario L0R 1X0 A free event celebrating Canada’s leading children’s writers and illustrators, with programs for all ages. Free parking at Rockton Fairgrounds with complimentary shuttle service to Westfield. (Please note there is no parking at Westfield.)

Colours of Hope September 21 Christie Lake Conservation Area 1000 Highway 5 West, Dundas, Ontario, L9H 5E2

Westfield Star Party September 26, 7:00pm Westfield Heritage Village 1049 Kirkwall Road, Rockton, Ontario L0R 1X0 Westfield is very excited to announce a brand new event – The Westfield Star Party. Presented in partnership with the Royal Astronomical Society of Canada, this event will be an exciting opportunity to discover the wonders of the night sky. Visitors will be able to learn about the history of astronomy at a period lecture, peer through a Victorian telescope and discover the world of modern astronomy.

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