HomeMy WebLinkAboutCouncil - 2006-08-08 SSPECIAL COUNCIL MINUTES
AUGUST $, 2006 CITY OF KITCHENER
A special meeting of City Council was held at 5:12 p.m. this date, Chaired by Acting Mayor B.
Vrbanovic with all members present except Mayor C. Zehr.
Notice of this special meeting had been previously given to all members of Council by the City Clerk
pursuant to Chapter 25 (Council Procedure) of the Municipal Code.
Council was in receipt this date of Development and Technical Services Department report DTS-06-
118, dated July 25, 2006, outlining the amount of and need for additional funding for the removal of
environmental contamination associated with the reconstruction of Victoria Street North from
Waterloo Street to Margaret Avenue.
Mr. Browning explained that the additional funding for this project is required because of the large
amount of contamination found; noting that 45,000 tonnes have been uncovered as compared to the
10,000 tonnes anticipated. Further, the geotechnical studies which have been undertaken did not
reveal the extent of the contamination. He advised that of the $4.5M of additional funding, a portion
will be paid by the Region, $1 M will be paid from the project account, and $1.67M is to be paid from
the Move Ontario grant.
Councillor Galloway expressed concern that staff paid this over expenditure without Council's
consideration. Mr. Browning agreed that staff should have been in front of Council sooner; however,
when in the middle of a project of this nature, it is difficult to stop the project because to do so is
costly. He advised that new procedures have been established to deal with these types of situations.
Ms. C. Ladd advised that she has already started a review of this matter, as outlined in the staff
report, which will be completed in the near future, and she will keep Council informed.
Councillor Galloway advised that, at the appropriate time, he will bring forward a motion to direct the
CAO to undertake and report on an investigation into this matter.
Councillor Lorentz questioned how this contamination could be missed, given the City's history of
projects of this nature. Mr. L. Lynch stated that the City's consultants have done a good job, and
have done what was asked of them. He suggested that the City should be conducting bore hole
testing 2 years prior to commencing a project of this nature. He noted that last year the potential for
this problem was noted, and an additional 22 bore holes were drilled. The contamination is not coal
tar, but seepage from former gas stations. On a street like Victoria Street, this type of contamination
collects along underground services, and it is not possible to bore close to these services. Mr. Lynch
also advised that as well as the additional costs of removing the contaminated soils, there are
additional costs to transport it to a landfill site. The only landfill site that will take this material is in
Sarnia.
Upon questioning by Councillor Gazzola, Mr. Lynch advised that staff received a report after Easter
stating there was a potential for problems. Staff didn't know until May the extent of the problem until
the centre of the road was dug-up. Then a decision had to be made as to how much of the material
had to be removed. Ms. Ladd noted that once contamination has been found, we have no choice but
to remove it, as we have to comply with Ministry of Environment requirements.
Councillor Gazzola questioned whether costs would be reduced if we could dump the contamination
on our own property, and was advised that costs probably could be reduced. Ms. Ladd advised staff
are looking for a solution to this problem now; however, we need more help from the Province in
terms of funding and regulations.
With respect to Hydro costs, Mr. Lynch advised that Hydro asked the City to undertake this work
which is initially financed by us and reimbursed by Hydro.
Councillor Lorentz commented that as the Province is helping to improve infrastructure, they should
also be providing more landfill sites for contamination and more funding for clean-up. He
recommended that the City work through the Federation of Canadian Municipalities or the Association
of Municipalities of Ontario to address the Province on this matter.
Ms. Ladd remarked that given the Province's "Places to Grow" strategy which encourages
intensification and remediation of brownfields, it is a contradiction not to help with contamination. She
noted there is a significant lobby to get the Province to provide the necessary tools at a "Places to
Grow" level.
SPECIAL COUNCIL MINUTES
AUGUST $, 2006 - 219 - CITY OF KITCHENER
In response to a question about bore holes, Mr. Lynch advised a bore hole is only 2" in diameter, and
when spaced a distance of 150' there is a lot of ground between. We could drill bore holes every
10m and still miss something.
Councillor Galloway moved the recommendation in the staff report .
Councillor Gazzola commented that the timing of this matter has to be addressed. Also, there has to
be a better way of dealing with contaminated material than shipping it across the province. He stated
he has no option but to support the staff recommendation.
Councillor Lorentz commented that a remediation strategy has to come from the Province. Also, the
consultants who drilled the bore holes should have some responsibility for this situation. He directed
staff to look into these issues.
Councillor Vrbanovic stated that even though it is frustrating to deal with this issued after the fact, the
contamination has been removed, which is this City's practice. Further, he stated that every time
contamination is discovered, the contaminator should be identified.
Moved by Councillor G. Lorentz
Seconded by Councillor J. Smola
"That an increase to the existing construction purchase order to Tender T05-048 (Victoria
Street North Reconstruction) of $3,770,867.36 and the issuance of additional purchase orders
for consulting services and Hydro costs of $750,000., be approved; and further,
That $1,675,776. (G.S.T. excluded) of the City of Kitchener share of this additional funding be
paid from the Move Ontario grant."
Carried.
Councillor Galloway then put forward his motion requiring the CAO to investigate this matter and
report to Council.
Councillor Gazzola agreed with this motion stating he would like to have a little more detail as to what
went wrong, in order to improve the process for the future.
Ms. Ladd commented that a review of the process for pre-project testing can be accomplished in the
short-term; however, a report on how to deal with these types of situations during Council's summer
recess will take longer.
Moved by Councillor M. Galloway
Seconded by Councillor J. Gazzola
"That the City's Chief Administrative Officer conduct an investigation into the practices followed
by the consultants and City staff, relating to municipal policy and procedures, pertaining to the
over expenditure for the Victoria Street North Reconstruction (Waterloo Street to Margaret
Avenue) project, with the results of this investigation to be brought to Council for discussion on
September 5, 2006."
Carried.
Moved by Councillor C. Weylie
Seconded by Councillor M. Galloway
"That leave be given the Mover and Seconder to introduce a by-law to confirm all actions and
proceedings of the Council and that the same be taken as read a first, second and third times,
be finally passed and numbered 2006-156 by the Clerk."
Carried.
SPECIAL COUNCIL MINUTES
AUGUST $, 2006 - 220 - CITY OF KITCHENER
On motion, the meeting adjourned at 6:03 p.m.
MAYOR CLERK