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That the Rules of Procedure be suspended to consider the following motion due to flooding of private property within the Bear River Watershed.
WHEREAS: the Bear River Municipal Drain was originally surveyed in 1902 and has undergone several modifications and maintenance efforts over the years, including major improvements in 1930, 1948, 1972, 1989, and 1990; and
WHEREAS: Flooding and inadequate drainage capacity have persisted, affecting approximately 186 hectares of agricultural land, leading to periodic crop losses of up to 25%; and
WHEREAS: The last major engineering review was conducted in 1990 by McNeely Engineering Limited, which identified compensation for insufficient outlet, buffer strips, and various other improvements; and
WHEREAS: Section 78 of the Drainage Act, R.S.O. 1990, c. D.17, allows for improvements to an existing drainage works for better use, maintenance, or repair without requiring a petition; and
WHEREAS: Section 124 of the Drainage Act authorizes emergency work where an urgent need exists to mitigate damage to lands or infrastructure; and
WHEREAS Council recognizes the need for an updated engineering assessment and plan for the Bear River Municipal Drain to ensure its long-term effectiveness and sustainability.
THEREFORE BE IT RESOLVED THAT Council direct staff to appoint Andrew J. Robinson Consulting as the engineer under Section 78 of the Drainage Act to prepare a report on the necessary improvements to the Bear River Municipal Drain, including consideration of updated capacity, flood mitigation, and compliance with provincial drainage regulations; and
BE IT FURTHER RESOLVED THAT City staff be directed to monitor the flood conditions throughout the season including the spring melt and during rain events during the summer growing months; and
BE IT FURTHER RESOLVED THAT should flooding occur within the Bear River Municipal Drain due to the insufficient outlet provided by the drain, staff shall provide such details to the City Clerk, who shall write to the Province of Ontario to request that the Minister authorize emergency works under Section 124 of the Drainage Act as necessary to prevent immediate flooding risks, ensuring minimal impact on affected agricultural lands and infrastructure; and
BE IT FURTHER RESOLVED THAT the appointed engineer report back to Council with recommendations, cost estimates, and proposed implementation timelines for necessary improvements to the Bear River Municipal Drain.