6. SHIELDS MUNICIPAL DRAIN – APPOINTMENT OF ENGINEER

installation de drainage municipales shield – nomination d’une sociÉtÉ d’ingÉnerie

COMMITTEE RECOMMENDATION

That Council approve the appointment of Stantec Consulting Ltd. as the engineer of record for the preparation of an Engineer's Report under Section 78 of the Drainage Act for modifications to the Shields Municipal Drain.

Recommandation du Comité

Que le Conseil municipal approuve la nomination de Stantec Consulting Ltée comme société d'ingénierie chargée d'élaborer un rapport de l'ingénieur en vertu de la section 78 de la Loi sur le drainage sur les modifications à apporter aux installation de drainage municipales Shields.

DocumentatioN

1. Deputy City Manager's report Public Works and Servies dated 10 December 2007 (ACS2008-PWS-WWS-0002).

2. Extract of draft Minutes, 10 January 2008.

Report to/Rapport au :

Agriculture and Rural Affairs Committee

Comité de l'agriculture et des questions rurales

and Council / et au Conseil

10 December 2007 / le 10 décembre 2007

Submitted by/Soumis par :

R.G. Hewitt, Deputy City Manager/Directeur municipal adjoint,

Public Works and Services/Services et Travaux publics

Contact Person/Personne ressource : Dixon Weir, Director/Directeur

Water and Wastewater Services / Services de gestion de l'eau et des eaux usées

(613) 580-2424 x22609, Dixon.Weir@ottawa.ca

Osgoode (Ward 20)

Ref N°: ACS2008-PWS-WWS-0002

SUBJECT:	SHIELDS MUNICIPAL DRAIN - APPOINTMENT OF ENGINEER
OBJET :	INSTALLATION DE DRAINAGE MUNICIPALES Shield - NOMINATION D'UNE SOCIÉTÉ D'INGÉNERIE

REPORT RECOMMENDATION

That the Agriculture and Rural Affairs Committee recommend that Council approve the appointment of Stantec Consulting Ltd. as the engineer of record for the preparation of an Engineer's Report under Section 78 of the Drainage Act for modifications to the Shields Municipal Drain.

RECOMMANDATION DU RAPPORT

Que le Comité de l'agriculture et des questions rurales recommande au Conseil municipal d'approuver la nomination de Stantec Consulting Ltée comme société d'ingénierie chargée d'élaborer un rapport de l'ingénieur en vertu de la section 78 de la Loi sur le drainage sur les modifications à apporter aux installation de drainage municipales Shields.

BACKGROUND

The Shields Municipal Drain is located in the vicinity of the intersection of Hwy 31 and Parkway Road in Greely and was originally constructed in 1979 under By-law 7-1979 of the former Township of Osgoode. A relocation of a section of the drain has been undertaken to accommodate a proposed development. A new Engineer's Report, under Section 78 of the Drainage Act (R.S.O. 1990), is required to address this modification.

DISCUSSION

The Drainage Act prescribes the process and timelines that must be followed for any modification to a municipal drain. (The “Þ” below indicates the current step in the process for the McEvoy Branch of the Shields Municipal Drain.) In brief, the complete process includes:

- Appoint an Engineer to prepare the Engineer’s Report;

- Conduct an On-site Meeting with affected landowners to review the proposed modifications;

- Conduct a Meeting to Consider – (The meeting of the Agriculture and Rural Affairs Committee to consider the Engineer’s Report and the By-law);

- Council approval of the Committee recommendation and first and second reading of the By-law;

- Convene a Court of Revision – (A meeting of the Agriculture and Rural Affairs Committee where landowners may appeal their assessment). Committee may direct the Engineer to revise the assessment contained in the Report. All affected landowners must then be advised of any revisions and the Drainage Act contains provisions for further appeal by landowners of their assessment;

- Third reading of the By-law at Council;

- Construction of the drainage works; and

- Assessment of the costs to benefiting landowners and road authorities.

This report places the appointment of the Engineer before the Agriculture and Rural Affairs Committee as required by the Drainage Act.

ENVIRONMENTAL IMPLICATIONS

The South Nation Conservation Authority is aware of the modifications and will be notified as required under Section 78(2) of the Drainage Act.

RURAL IMPLICATIONS

The Shields Municipal Drains provide legal outlet for rural roads and agricultural lands. The Engineer's Report will address the modifications to the drains and related flow capacity issues.

CONSULTATION

The affected landowners and the local conservation authority will be provided with a copy of the Engineer's Report and be advised of the date and location of an on-site meeting and the Meeting to Consider the Report.

FINANCIAL IMPLICATIONS

The costs of the new Engineer's Report are to be paid initially by the City of Ottawa, Wastewater and Drainage Services Division, Utility Services Branch, Public Works and Services Department, and recovered in its entirety from the benefiting landowners upon completion of the report, as determined by the Engineer. Funds are available in the 2007 Approved Capital Budget, internal order 902960 - Municipal Drains Improvements.

DISPOSITION

The completed Engineer's Report will be subject to the Drainage Act approval process. Staff of the originating Department will conduct the necessary public and regulatory notification, and will table the completed report and associated By-law at Standing Committee and Council for consideration.

SHIELDS MUNICIPAL DRAIN – APPOINTMENT OF ENGINEER

INSTALLATION DE DRAINAGE MUNICIPALES SHIELD – NOMINATION D’UNE SOCIÉTÉ D’INGÉNERIE

ACS2008-PWS-WWS-0002 West carleton-mARCH (5)

Marc Gagné, Project Coordinator, Municipal Drainage, provided a verbal overview of the reconstruction of the Shields Municipal Drain via McAvoy branch. He reported that the drain had been reconstructed and that the developer will pay for the engineers report in question.

Mr. Ken McRae, addressed the committee with his concerns regarding the staff report and what he feels is a lack of information such as a map to indicate where the Shields Drain is located, who the developer is, what is the street address, how members of public to address this, etc…. He stated that the modification has already been carried out by the landowner without city and conservation authority and no charges or penalties have been issued. He asked what kind of message does this send. He felt that if they had gone through the approval process, they probably would not have got the permission to do what had been done. He stated recommended to make it standard, a requirement, a municipal drain or geographic features should include a map and related information. He strongly felt that all information should be included in the staff report so that the public shouldn’t have to run around to find out the information.

Councillor El-Chantiry found that it was clear in the report regarding the address, etc…. however, a map would be helpful. Mr. Tim Marc, City Legal Counsel stated that staff was aware of what the developer had done and this issue as well as others regarding this developer would be arising in the future in an In Camera meeting.

Councillor El-Chantiry asked if there was a reason why a map had not been included. Mr. Gagné stated that he was not aware, that this was very preliminary work in the early stages and that the public will know all the steps that will be followed.

Chair Jellett was not aware from the report that the work had already been done but felt that more information was definitely required and directed staff to ensure that all information, including a map is inserted into the reports in the future.

That the Agriculture and Rural Affairs Committee recommend that Council approve the appointment of Stantec Consulting Ltd. as the engineer of record for the preparation of an Engineer’s Report under Section 78 of the Drainage Act for modifications to the Shields Municipal Drain.

CARRIED