SPECIAL COUNCIL MEETING AGENDA

Transcription

1 SPECIAL COUNCIL MEETING AGENDA THE CORPORATION OF THE MUNICIPALITY OF SIOUX LOOKOUT SPECIAL MEETING, WEDNESDAY, APRIL 6, 2016, 5:30 P.M. COUNCIL CHAMBERS, MUNICIPAL OFFICE 1. MEETING CALLED TO ORDER 2. AGENDA a) Introduction of Amendments to the Agenda b) Confirmation of Agenda 3. DECLARATION OF PECUNIARY INTEREST 4. DELEGATIONS/PRESENTATIONS/COMMITTEE PRESENTATIONS None 5. ITEM FOR DISCUSSION a) Appoint Engineer Under Drainage Act 6. BY-LAWS None 7. MOTION TO MOVE INTO CLOSED SESSION None 8. REPORT OUT FROM CLOSED SESSION 9. CONFIRMATORY BY-LAW NO a) By-law No , Being a By-law to Confirm the Proceedings of the Council of The Corporation of the Municipality of Sioux Lookout (April 6, 2016 Special Council Meeting) 10. MOTION TO ADJOURN

2 Special Council Meeting Agenda Page 2 April 6, 2016 SPECIAL COUNCIL MEETING AGENDA ITEM ITEM NO. 1. DESCRIPTION Appoint Engineer Under The Drainage Act Contact: Mary L. MacKenzie, Clerk (807) , ext clerk@siouxlookout.ca (R-2-a) RECOMMENDATION THAT Council accepts the proposal (including the Base Proposal, Additional Services, and Services for Construction) from and awards the contract for Drainage Engineering Services in relation to the Drainage Petition submitted under Section 4(1)(c) of The Drainage Act, to K. Smart Associates Limited, Consulting Engineers and Planners, in the amount of approximately $62,410, plus HST; and further THAT Council appoints K. Smart Associates Limited, Consulting Engineers and Planners as Engineers for the purpose of preparing an engineer s report and providing associated services in relation to the Drainage Petition submitted by the Road Authority under Section 4(1)(c) of The Drainage Act, for drainage works in the Sturgeon Meadows Road/Pelto Road/Tower Road area.

3 Return to Agenda THE CORPORATION OF THE MUNICIPALITY OF SIOUX LOOKOUT STAFF REPORT TO: FROM: MEETING DATE: SUBJECT: APPROVED FOR SUBMISSION BY: Council Mary L. MacKenzie, Clerk , ext April 6th, 2016, Special Council Meeting Appoint Engineer Under Section 8(1) of The Drainage Act Supervisor, N/A Dept. Hea~, N/A ~o. A. M1tchell REPORT DISPOSITION (office use only) Meetin Type: I Regular 1 Special Stat I Closed I Staff Recommendation was: Carried Deferred Defeated Referred to: Withdrawn Consent YES NO Resolution No.~~----- File Code: Notes: RECOMMENDED MOTION THAT Council accepts the proposal (including the Base Proposal, Additional Services, and Services for Construction) from and awards the contract for Drainage Engineering Services in relation to the Drainage Petition submitted under Section 4(1 )(c) of The Drainage Act, to K. Smart Associates Limited, Consulting Engineers and Planners, in the amount of approximately $62,410, plus HST; and further THAT Council appoints K. Smart Associates Limited, Consulting Engineers and Planners as Engineers for the purpose of preparing an engineer's report and providing associated services in relation to the Drainage Petition submitted by the Road Authority under Section 4(1 )(c) of The Drainage Act, for drainage works in the Sturgeon Meadows Road/Pelto Road/Tower Road area. PURPOSE The purpose of this report is to award a contract for engineering services and to appoint an Engineer under The Drainage Act in relation to a Drainage Petition submitted by the Public Works Manager on behalf of the Municipality of Sioux Lookout (the Road Authority).

4 BACKGROUND As Council is aware, the Municipality had been dealing with a legal matter regarding a drainage issue in the area of Sturgeon Meadows Road/Pelto Road/Tower Hill Road area for several years. The legal matter has been concluded ; however, the drainage issue still needs to be resolved. A preliminary assessment of the situation was obtained in the fall of included options available to the Municipality to address the drainage issue. The report also Options to address the drainage situation in this area were outlined in a report to Council dated February 1 ih, 2016, summarized as follows: Option #1 - Enter into a "Mutual Agreement Drain" under Section 2 of The Drainage Act (the Act). Given the history of this situation, it was felt that such an agreement would not be feasible. Option #2 -- Expropriate the required land under the Expropriations Act. This is a long, complex expensive process and was not recommended. Option #3 -- Use the Local Improvement Charges Act. This, too, is a long, complex process, and requires expropriation before it can be implemented. This option was not recommended. Option #4 -- Use Section 4 of the Act which allows a "petition" to be submitted. In this situation, the Municipality would use Subsection 4(1 )(c), which states: "A petition for the drainage by means of a drainage works of an area requiring drainage as described in the petition may be filed with the clerk of the local municipality in which the area is situate by: (c) where a drainage works is required for a road or part thereof, the engineer, road superintendent or person having jurisdiction over such road or part...'' This was the preferred option, and staff proceeded accordingly. Under this Option, the first step was for Council to consider the petition, and to determine whether or not it wished to proceed. This was done at the February 1?'h, 2016, Council Meeting. While the drainage ''petition" option has many steps and can be lengthy, there are some advantages to using this process: ultimately, it allows the Municipality to assess some of the costs of processing the petition, the costs of construction, and the costs of ongoing maintenance through the taxes of adjacent landowners who benefit from the creation of a "Municipal Drain." (It may, however, also require a payment by the Municipality to landowners for damages during construction of the "Municipal Drain," if any.) 2

5 the parties cover their own costs, which is not necessarily the case for the other options. Once a Municipal Drain is constructed under the authority of a by-law, it becomes part of the Municipality's infrastructure. The Municipality is responsible for repairing and maintaining the Municipal Drain. In certain circumstances, the Municipality can be held liable for damages for not maintaining a Municipal Drain. Option 4 was approved by Council at its February 17'h, 2016 meeting, as well as the actions set out in the following Resolution passed by Council: Motion No.: CL044-16; Moved by: S. Forbes; Seconded: J. Bath THAT Council receives Report and Appendices from Mr. Robert Sheach, K. Smart Associates Limited, dated November 3ofh, 2015; and further THAT Council accepts the "Petition for Drainage Works by Road Authority," submitted by the Municipality of Sioux Lookout's Public Works Manager, under Subsection 4(1)(c) of the Drainage Act, received by the Clerk of the Municipality on January 22, 2016, for drainage works as follows: Sturgeon Meadows Road and Pelto Road: the drainage on the south side of Sturgeon Meadows Road near Tower Hill road is impeded by the placement/construction of a berm by adjacent landowner. Additional drainage work is a/so required on Pelto Road including determination of a drainage outlet location to Abram Lake. The above-mentioned section of Sturgeon Meadows Road and Pelto Road would be considered to be located in the same drainage catchment area and therefore both require a common drainage network; and further THAT, if Council authorizes proceeding with the drainage works, Council authorizes and directs staff to notify the Petitioner and the Ministry of Natural Resources & Forestry (Sioux Lookout District Manager) within 30 days of the filing of the petition; and further THAT, if Council does not authorize proceeding with the drainage works, Council authorizes and directs staff to notify the Petitioner within 30 days of the filing of the petition; and further THAT Council authorizes and directs staff to notify the Petitioner and the Ministry of Natural Resources & Forestry (Sioux Lookout District Manager) that they have 30 days from the date the above-mentioned notices were sent to inform Council (via the Clerk of the Municipality) if they require an environmental appraisal on the project; and further THAT Council authorizes and directs staff to follow the Municipality's purchasing and procurement processes in order to retain a qualified and experienced Drainage Engineering 3

6 Consultant to complete the third party Engineer's Report, as required under the Drainage Act, for appointment by Council within 60 days of the sending of the above-mentioned notices; and further THAT the third party Engineer also be engaged to administer and guide the drainage petition through the process. The actions set out in paragraphs 3, 4 and 5 of the Resolution have been completed; the required notices were sent to the Sioux Lookout Ministry of Natural Resources & Forestry District Manager and the Drainage Coordinator, Environmental Management Branch of the Ministry of Agriculture, Food and Rural Affairs (OMAFRA). The deadline for requesting an "Environmental Appraisal" and/or a "BenefiUCost Statement" has passed. No requests have been received. The next step is for Council to appoint an Engineer within 60 days of sending the above-noted Notices, as required under the Act. The Notices were sent February 19th, 2016; therefore, the appointment of the Engineer must take place prior to April 1 ylh (actually April 18th, since April 1 ylh is a Sunday). The April 20 1 h Council meeting would have been too late; therefore, this matter is coming before Council at the April 6 1 h Special Council Meeting. The engineer must prepare a "preliminary report," (and can undertake associated activities) which must be submitted within one year after the engineer's appointment. Development of the report will require at least one on-site meeting, and must include very specific and comprehensive components. A summary of the Request for Proposal process follows. DISCUSSION Terms of Reference (ToR) for "Engineering Services for Development of a Drainage Report and Associated Activities, and Subsequent Drainage Works Under The Drainage Act (Ontario)" were developed. The ToR was posted on the Municipal website and ed to 20 Ontario engineering firms, due to the requirement to have knowledge of the Ontario Drainage Act and related processes and requirements. Five firms declined to bid, mostly because of the travel distance between their offices and Sioux Lookout and the difficulty in providing the services. In one case, we were unsuccessful in sending the ToR after three attempts. This left potentially 14 firms to bid. Proposals were due and opened March 30 1 h, Proposals were received from True Grit Consulting Ltd. (offices in Sioux Lookout and Thunder Bay), and K. Smart Associates Limited, Consulting Engineers and Planners (offices in Sudbury and Kitchener). Proposals were reviewed by Municipal Staff. 4

7 Total costs (without HST) are as follows: Task K. Smart Associates True Grit Consulting Ltd. Limited All activities up to and including submission of $17,560 Engineering Report to Clerk {$15,760 + $1,800 {plus $45,600 some costs quoted as hourly rate) Attendance at Council Meeting to consider Report, and attendance at Court of Revision Included $150/hour Construction Services $16,810 $17,540 TOTAL $62,410 $52,660 Staff is recommending that K. Smart Associates Limited be appointed as the Engineer on this project since it is extremely important to appoint a "Drainage Engineer'' and someone with experience with the requirements set out in The Drainage Act. In addition, Staff recommends K. Smart Associates Limited for the following reasons: 40 years of experience with similar drainage projects throughout Ontario, and specializing in the preparation of reports under the Act and municipal drains, including projects in Northern and Northwestern Ontario A multi-disciplinary design team that is capable of dealing with all phases of the project, including Drainage Superintendents and experience appearing before appeal tribunals to defend reports Provision of a high level of service to the client and communication through all phases of the report process Interest and enthusiasm for drainage projects that incorporate the needs of the landowners and the environment Clear understanding of the project, the requirements under the Act, and the work required to ensure the Municipality complies with the Act Staff who are knowledgeable in all aspects of the Drainage Act Will liaise with regulatory agencies as required Will meet and exceed requirements to meet with landowner(s) involved, provide information, and address concerns Reports will follow the Act requirements and are based on Guidelines set out by Professional Engineers of Ontario Will attend Council meeting when report is considered Can also attend an informal meeting with the affected landowners prior to the Council meeting to address questions, comments or concerns from the landowner(s) Minimal work required of the Municipality/Staff Will attend Court of Revision and prepare for and attend any appeal hearings (Drainage Tribunal, Drainage Referee), if any Can provide construction services as requested in the ToR 5

8 Has quality assurance and quality control in place to ensure a quality product and client satisfaction Realistic Project Schedule -- report to be filed with Clerk in early September (five months)(subject to appeals); construction of drainage works could be completed by mid December (subject to appeals) The following services would not be included in the Scope of Work/Contract: Expansion of scope of work beyond what's in the ToR and as set out in the proposal Permit Application Fees, if any Advertising costs, if any Sub-Consultant to address fisheries/species at risk concerns from the Department of Fisheries & Oceans or Ministry of Natural Resources & Forestry Sub-Consultant to address any archaeological/heritage concerns Sub-Consultant for geotechnical or hydrogeological work Legal survey to establish property boundaries RELATIONSHIP TO STRATEGIC PLAN Addressing the drainage issue in this area can be seen to be supporting the strategic pillar of "INFRASTRUCTURE CHALLENGES" -- Our infrastructure support systems such as the water and sewer lines, sidewalks, roads and storm drainages are critical to maintaining our quality of life. The Municipality will develop and implement a revitalization strategy to repair and replace our aging infrastructure and fill the gaps needed to ensure our community continues to flourish. FINANCIAL IMPLICATIONS K. Smart's costs are as follows: Task Totals Activities up to and including submission of Engineering Report to Clerk, attendance at Council Meeting to consider Report, and attendance at Court of Revision (subject to appeals and any $45,600 "outside services" required) Construction Services $16,810 TOTAL $62.410, plus HST Based on a very rough estimate, $35,000 has been budgeted for this process in the 2016 Budget. It was not anticipated that construction would take place in 2016; therefore, costs to construct the drain have not been budgeted, but the RFP did request a quote on services through construction. 6

9 In addition to the $35,000 budgeted, costs may also be able to be covered through the receipt of payment of costs that were awarded to the Municipality as a result of the finalization of the legal matters relating to the subject property. This will be in the amount of approximately $50,000 and is expected to be received within six months. If the $50,000 is received, all costs for the engineering report and through construction, with the exception of construction costs, will be covered, i.e. $35,000 + $50,000 = $85,000-$62,410 = +$22,590. The engineering report will include estimated construction costs and Council will be able to decide at that time whether or not they wish to proceed with construction in 2016 or wait until While there may be some fluctuation in the "Construction Services" costs regardless of when construction occurs, it should not be significant; these, too, will be included in the engineering report. Council is also reminded that a portion of the costs for the process, construction, construction services and ongoing maintenance will be recovered through taxes from landowners benefitting from the drainage works once constructed. The Municipality may also be required to make payments to landowners for damages during construction of the Municipal Drain, but these costs, if any, won't be assessed until after the drainage works are constructed. Estimated costs that will be assessed to the Municipality and the landowner(s) will be included in the engineering report. Other costs include staff time involved in the process, which may be considerable, especially if there are appeals, and will be at the expense of other work. In addition, there may be legal costs to address appeals. Sincerely, 7