FINANCE AND ADMINISTRATIVE COMMITTEE
	TO:	Mayor and Members of Council
	FROM:	Catherine M. Conrad, Town Solicitor Jim Baird, Commissioner, Development Services
	PREPARED BY:	Brian Varner, Manager of Real Property
	DATE OF MEETING:	June 28, 2004
	SUBJECT:	Glenburn Forest Pond Restoration Project Access and Site Works Agreement Larkin-Monarch Phase 5, Berczy Village Subdivision

RECOMMENDATION:

THAT a by-law be enacted authorizing the Mayor and Clerk to execute an Access and Site Works Agreement between Stantec Consulting Limited and the Town of Markham to implement the Glenburn Forest Pond Restoration Project over Town owned lands legally described as Parts 8 and 42 on Plan 65R-22455, subject to the approval of the Commissioner of Development Services and in a form satisfactory to the Town Solicitor.

PURPOSE:

The purpose of this report is to obtain Council approval to execute an Access and Site Works Agreement with Stantec Consulting Limited to facilitate completion of proposed Glenburn Forest Pond Restoration Project on Town owned lands.

EXECUTIVE SUMMARY:

An Access and Site Works Agreement will permit Stantec Consulting Limited to access Town owned lands for the purpose of completing the proposed Glenburn Forest Restoration Project, as part of the compensation plan for the net loss to the Burndenet Creek, resulting from the proposed future Bridle Walk intersection with 16^th Avenue, Larkin-Monarch Phase 5, Berczy Village Subdivision.

BACKGROUND:

In the Berczy Community, Bridle Walk will cross Burndenet Creek immediately north of 16^th Avenue. The proposed crossing will impact approximately 100 metres of the existing meandering Burndenet Creek channel. Within the 100 metres, the meander pattern will be straightened such that the final stream length will be approximately 80 metres in length, which represents a net loss of 20 meters of Creek length. Although post construction habitat conditions are expected to be of better quality than present habitat conditions, there will still be a permanent loss of 20 metres of creek channel as a result of the realignment of Burndenet Creek through the crossing location.

TRCA approved the proposed crossing over Burndenet Creek but upon their review, DFO were not satisfied. To compensate for the loss of Creek bed, Stantec were required by DFO to examine several other habitat compensation sites where additional improvements could be completed. The Glenburn Forest Pond, near the confluence of Berczy Creek and Carlton Creek, has been identified by both parties as a suitable site.

DISCUSSION:

Attached is a report prepared by Stantec Consulting Limited entitled Glenburn Forest Pond Rehabilitation. This report provides the background and describes the proposed project.

Town Engineering and Planning staff have been working together with Stantec Consulting Limited to conclude a mutually acceptable plan. The project also requires the review and approval of TRCA, MNR and DFO. To date permits have not been received but they are expected in the near future.

The scope of the project involves the removal of a deteriorating, concrete dam and associated gabion baskets which are impeding the movement of fish along the Carlton Creek. The restoration of the pond will reduce the side slopes, improve the water movement and return the pond to a natural condition. New vegetation will be installed as part of the restoration project.

The window of opportunity to complete the proposed works is limited as DFO typically require the work to be carried out between July 1^st and September 15^th, when water levels are at their lowest. Assuming all permits are received and an Access Agreement is obtained, the proposed works could be carried out this summer.

FINANCIAL CONSIDERATIONS:

None. The rehabilitation project is to be completed by Stantec Consulting Limited.

BUSINESS UNITS CONSULTED AND AFFECTED:

Development Services.

ATTACHMENTS:

Attachment “A”- Aerial Map Showing Location of Glenburn Pond

Attachment “B”- Stantec Report – Glenburn Forest Pond Rehabilitation

______________________________________ ___________________________________

Brian G. Varner Catherine M. Conrad

Manager of Real Property Town Solicitor

_____________________________________

Jim Baird

Commissioner of Development Services

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