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HomeMy WebLinkAboutPublic Works - 1993-10-04PWTC\1993-10-04 PUBLIC WORKS AND TRANSPORTATION COMMITTEE MINUTES OCTOBER 4, 1993 The Public Works and Transportation Committee met this date under the Chairmanship of Councillor J. Smola with all members present, except Alderman J. Ziegler. Others Present: Messrs. J. Shivas, O. den Ouden, A. Mak, L. Lynch, B. Liddle, D. Suzuki, S. Gyorffy, T. McKay, and L.F. Parkhouse. This meeting of the Public Works and Transportation Committee commenced at 11:25 a.m. 1. Ms. Carolyn Keatinq - Bedford Road Residents - Compensation Request On September 20, 1993, Ms. Carolyn Keating had appeared before the Public Works and Transportation Committee representing the residents of Bedford Road between Courtland Avenue and Sydney Street. At that meeting, Ms. Keating raised the possibility of the City paying compensation to these residents because of the disruptions they encountered during the installation of the Schneider Trunk Sewer. Consideration of this matter was deferred in order for a staff report to be prepared. At the October 4, 1993 of the Public Works and Transportation Committee, the Committee received a joint report from Messrs. J. Shivas, Director of Legal Services and D. Suzuki, Commissioner of Public Works. Attached to this report was further documentation provided by Mr. H. Gross, representing Proctor & Redfern Limited. A report from Mr. J. Gazzola, Commissioner of Finance and City Treasurer, was also considered. These reports are attached hereto and form part of these minutes. His Worship Mayor D. Cardillo suggested that Council is sympathetic to the residents in light of the inconveniences that they encountered, however, he further noted that steps were taken to alleviate all problems as they arose. Councillor M. Wagner suggested that following the September 20, 1993 meeting it appeared that at least some members of the Public Works and Transportation Committee were sympathetic to the arguments advanced by Ms. Keating. Councillor Wagner suggested, however, that the main issue continues to be whether or not compensation should be paid and, if so, will this create what could be a dangerous precedent. It was suggested that there is no question that the Bedford Road residents have encountered some inconveniences, however, the amount of this inconvenience will vary from property owner to property owner. Councillor Wagner suggested that the compensation requested by the residents is likely very modest, however, based on staff reports he expressed concern that any payment in this regard will establish a precedent. Councillor Wagner also pointed out that there are others in this general area, other than those represented by Ms. Keating, who also have suffered some inconveniences and, if compensation is paid to the Bedford Road residents, then these other residents will also likely expect similar treatment. Councillor Wagner pointed out that the payment of compensation to the Bedford Road residents could be perceived as an admission of guilt and eventually could lead to even larger settlements against the City if this entire situation were to become the subject of a Court proceeding. Councillor Wagner indicated that while he is of the opinion that some form of compensation would seem to be appropriate, it would appear that this cannot be accomplished without creating a precedent and, accordingly, he indicated that he could not support this course of action. Councillor T. Galloway expressed support for the staff recommendation which is that compensation should not be paid in this instance. Councillor Galloway did suggest, however, that he would like to see something put in place which would provide some protection for the taxpayer in the future. It was the view of Councillor Galloway that the City should take steps to ensure that they have recourse against a contractor which will provide protection against unreasonable delays and faulty workmanship. If this course of action is followed it may possibly avoid situations where ratepayers feel they must try to fight City Hall. In this regard, Mr. T. McKay advised that staff will review this PUBLIC WORKS AND TRANSPORTATION COMMITTEE MINUTES - 51 - OCTOBER 4, 1993 .Ms. Carolyn Keatinq - Bedford Road Residents -Compensation Request (Cont'd) possibility, however, he did point out that penalty clauses and performance bonds are available now, however, they do very little to provide protection for residents or the City for inconveniences caused during a construction process. In reply to His Worship Mayor D.V. Cardillo, it was pointed out that the installation of curbs and gutters were offered to the residents of Bedford Road, however, they indicated that they were not interested in having these services installed. The members of the Committee agreed to allow Ms. Carolyn Keating the opportunity to make a further presentation to the Committee regarding this matter. In the time made available to her, Ms. Keating attempted to refute the contents of the staff and Consulting Engineers' reports which had been presented to the Committee. In concluding her remarks, Ms. Keating suggested that the reports as submitted to the Committee were somewhat misleading and she was still of the opinion that the Bedford Road residents should be provided with some compensation. Following further discussion and on motion by His Worship Mayor D.V. Cardillo - it was resolved: "That no action be taken on the request to compensate the residents of Bedford Road for inconvenience and distress occasioned by the construction of the Schneider Trunk Sanitary Sewer between Courtland Avenue and Sydney Street." Further to the comments made earlier by Councillor T. Galloway, Mr. T. McKay again acknowledged that staff will look into the possibility of providing taxpayers with protection, however, he did note that in most cases liability is denied and, accordingly, there is no magic solution which will remove the City from the frontline of disputes of this nature. 2.Save Clayoquot Sound Mr. J. Bourdon appeared before the Committee representing a group called Save Clayoquot Sound. It was noted that Clayoquot Sound is in British Columbia and houses one of the few remaining old growth temperate rainforests in the world. The Committee was advised that as part of their activities this organization will be painting trees and animals on various sidewalks using a waterbased paint which will wash away with the rain. After discussing this matter with the Committee, it was determined that it would be appropriate for the painting to take place on the evening of Sunday, October 10, 1993. It was agreed that these paintings would take place on the sidewalks at various King Street intersections from the Waterloo boarder to Market Square. Following further discussion and on motion by His Worship Mayor D.V. Cardillo - it was resolved: "That Council grant permission to a group called Save Clayoquot Sound to paint trees and animals on the sidewalks at various intersections along King Street between the Waterloo boundary and Market Square on the evening of Sunday, October 10, 1993, and further, That the organization use non-toxic, waterbased paint for this activity." 3.Asphalt Spreader The Committee was advised that, to follow-up on one of the recommenda-tions in the Bens Report, an asphalt spreader was rented from the Township of Woolwich for several weeks this summer. 3.Asphalt Spreader (Cont'd) PUBLIC WORKS AND TRANSPORTATION COMMITTEE MINUTES - 52 - OCTOBER 4, 1993 The report, as presented, concludes that where necessary it is more appropriate to continue to rent a spreader from the Township of Woolwich, however, since it is not cost effective for the City to lay asphalt in large quantities the purchase of such spreader is not recommended. 4.Video Presentation - Winter Works Operations The showing of this video was deferred to a future meeting. 5.Adioumment On motion, the meeting adjourned at 12:25 p.m. L.F. Parkhouse, AMCT Deputy City Clerk