(c) assist in the construction or improvement of the drainage works for which the municipality is responsible; and

(d) report to council on the superintendent's activities mentioned in clauses (b) and (c).

On August 27, 2018, City Council adopted By-law 114/2018 appointing Fahd Mikhael as Drainage Superintendent. Mr. Mikhael is now serving as the Manager of Design and Development.

Discussion:

As part of the 2018 Operating Budget, City Council approved the addition of an Engineer III position with the primary duties related to drainage works and the Drainage Act. Mr. Andrew Dowie is now serving in this position. A By-law is now required from City Council in order for Mr. Dowie to be designated as Drainage Superintendent and to be delegated the powers vested in the position by the Drainage Act.

The Drainage Act makes several references to responsibilities of the municipal Clerk and Treasurer. In practice, the responsibility to ensure that these actions are carried out has been delegated to the Drainage Superintendent. To ensure clarity for all stakeholders and for residents, the recommendation specifies that day to day responsibilities related to Drainage Act matters shall be directed to the Drainage Superintendent notwithstanding the references in the Act.

In addition, the Tile Drainage Act provides discretion for the municipality to enact access to the provincial Tile Loan Program. City Council would appoint a drainage inspector to inspect the tile drainage work and file an inspection report. While requests for such a program have not been forthcoming, should one be received the Drainage Superintendent would be able to manage this program if so designated.

Risk Analysis:

There are no immediate risks inherent with the recommendation, however absent the Drainage Superintendent designation and associated powers vested in the position, the incumbent will be restricted in the carrying out of their duties. This would in turn inhibit the ability of the City to maintain and protect municipal drains located on private properties.

Financial Matters:

All expenses related to this position are recovered through the various Capital Programs that this position works on. In addition, some funding is available from the Ontario Ministry of Agriculture and Rural Affairs to support the Drainage Superintendent, depending on the nature of work.

Consultations:

Timothy Brook, P.Eng., Ontario Ministry of Agriculture and Rural Affairs