The draft report mailed to them and the details outlined above and below were generally reviewed with the owners. They were then given the opportunity to ask questions about the project and procedures pursuant to the Drainage Act. Answers and clarifications were provided by Fahd Mikhael and Gerard Rood. There were several concerns with the cost of bridge repairs and replacements and it was explained that the cost of those works are shared between the owners of lands served by the bridge and the upstream lands and roads that contribute flows through the bridge in accordance with standard drainage practice and as set out in the report. The owners were advised that there are opportunities to debenture their cost for the works and the City later confirmed that an owner may request that the costs be debentured on their property taxes for 10 years if desired.
VIII. FINDINGS AND RECOMMENDATIONS
We find that the drain requires improvements in accordance with our detailed report, plans, and specifications. Based on our detailed survey, investigations, examinations, and discussions with the affected Owners and governing Authorities, we would recommend that drain improvement works be carried out as follows:
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We recommend that all drain improvements, be carried out in accordance with the requirements established by E.R.C.A. and D.F.O. as set out in the documents within Appendix “REI-A” attached to this report.
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As this is an existing Municipal drain, and natural conditions have not changed and there is no information to indicate any new species concerns, the repair and improvement can be carried out based on the mitigation measures and new legislation provisions under Ontario Regulation 242/08, Section 23.9 which allows repairs, maintenance and improvements to be conducted by the City within existing municipal drains. These works are exempt from Sections 9 and 10 of the Endangered Species Act provided that the rules in the regulations are followed. When eligible, the new regulations allow Municipalities to give notice to M.N.R.F. by registering their drainage activities through an online registry system. A copy of said mitigation measures is included in Appendix “REI-B” within this report. We recommend that any work being completed shall be carried out in accordance with the Schedule “C” Mitigation Plan of the former agreements as included in Appendix “REI-B” for reference by the land owners, the City of Windsor, and the Contractor who will be conducting the works.
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We find that portions of the open drain have significant accumulation of silt and debris and we recommend that these be cleaned out as set out further in this report. We also recommend that the entire length of the Cahill Drain – Upper Part include brushing and grubbing works within the design cross section and working easement on the working side of the drain as further set out in this report.
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As provided for by Section 18 of the Drainage Act, we recommend that the bridges along the drain be repaired and improved as outlined further in this report including the specifications and the plans that form part of the report. Due to the poor condition, safety concerns and risk of drain blockage, we recommend that the existing footbridge number 3 be completely removed from the drainage works and be abandoned pursuant to Section 19 of the Drainage Act.