commence improvement of the Broadway Drain before the Engineer’s Report could be completed and adopted by the City.
The early establishment of a reliable drainage outlet for the Perimeter Access Road (PAR) and bridge plaza lands was deemed to be essential for maintaining the overall schedule for construction of the GHIB. An important consideration was the fact that the Bridge To Strengthen Trade Act (a Federal law enacted to facilitate the construction of the new bridge spanning the Detroit River between Windsor and Detroit, formerly known as the DRIC), exempts the Minister of Transportation (and his or her agents - including the Windsor Detroit Bridge Authority (WDBA)), from the usual approval processes associated with other Acts such as the Fisheries Act and the Species at Risk Act.
Following consultations between the WDBA, City administration, and the City’s Legal Department, the City of Windsor agreed to allow WDBA to proceed with improvement of the Broadway Drain and the alteration of the Healy Drain in advance of completion of the Drainage Act process, conditional on the following:
- that the WDBA acknowledge and accept the risk of completing works in advance of concluding the Drainage Act process; and,
- that the works be undertaken in a manner that does not cause any undue risk to the affected drainage community.
A principal factor in the City’s decision to consent to this approach was the fact that the WDBA had committed at the outset to bearing the full cost associated with preparation of the Engineer’s Report and the completion of any capital improvements to the subject drain(s). No other stakeholders in the drainage community were expected to bear any of the initial cost of improvements, or the cost for the preparation of this report.
2.4 Impact of Construction Schedule on Scope of Engineer’s Report
Once the decision was made to proceed with works in advance of concluding the Drainage Act process, and adoption of the Engineer’s Report, the objective of this undertaking transitioned from preparing a report to allow for improvement of the drains, to preparing a report that would reestablish and redefine the Broadway Drain as a municipal drain. As a result, completion and filing of this report was postponed until all works within the drain were completed. This approach was deemed to be most appropriate by both the City and Landmark.
3.0 On-site Meeting
The on-site meeting required under Section 9 of the Drainage Act was held on 12 May 2015 at the City of Windsor Public Works Building at 1266 McDougall Street. A copy of the Notice of On-Site Meeting that was issued by the City Clerk is attached herein as Appendix B.
Ms. Anna Godo, P.Eng., the City Drainage Superintendent, opened the meeting by introducing the attendees and highlighting the purpose of the meeting. With the aid of a PowerPoint presentation, Daniel M. Krutsch, P.Eng., of Landmark Engineers highlighted the history and