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10. BRITANNIA VILLAGE – OTTAWA RIVER FLOOD PROTECTION PROJECT DIRECTION
DIRECTIVE SUR LE PROJET DE PROTECTION CONTRE LES INONDATIONS DE LA RIVIÈRE DES OUTAOUAIS – VILLAGE DE BRITANNIA
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COMMITTEE RECOMMENDATION
That Council approve:
1. Proceeding with the Britannia Village – Ottawa River Flood Protection project based on the following:
a) a revised upset total project cost value of $670,000 as described in this report;
b) the resolution of transfers of easements required to construct the necessary floodproofing works.
2. That subject to undertaking the work, the Deputy City Manager or delegate be authorized to enter into agreement with the RVCA in respect of maintenance costs to the RVCA for sharing 50/50 in the local portion of the lifecycle maintenance costs estimated to be incurred by the works in Britannia Village; the costs of which are to start after the completion of the base regulatory flood protection works and are estimated at $1,000 per year for 25 years.
3. That staff be directed to review existing Ottawa River flooding emergency response measures for Britannia Village, update and document response plans in conjunction with the RVCA, emergency response organizations and the community.
RECOMMANDATION DU COMITÉ
Que le Conseil approuve :
1. la mise à exécution du projet de protection contre les inondations de la rivière des Outaouais dans le village de Britannia sur les bases suivantes :
a) un coût total limite du projet, révisé à 670 000 $, tel que décrit dans le présent rapport;
b) le règlement des transferts de servitudes exigés pour construire les ouvrages nécessaires de protection contre les inondations;
2. sous réserve de la mise en marche des travaux, d'autoriser le directeur municipal adjoint, ou son délégué, à conclure avec l'OPNVRR une entente sur les frais d'entretien engagés par l'OPNVRR en vue d'un partage moitié-moitié de la part locale des frais d'entretien estimés pendant le cycle de vie des ouvrages dans le village de Britannia, frais devant débuter après l'achèvement des ouvrages réglementaires de base de protection contre les inondations et estimés à 1 000 $ par année sur 25 ans.
3. de demander au personnel d'examiner les mesures existantes d'intervention d'urgence en cas d'inondation dans le village de Britannia, de mettre à jour et de documenter les plans d'intervention conjointement avec l'OPNVRR, les organismes d'intervention d'urgence et la communauté.
DOCUMENTATION
1. Councillor Cullen’s report, dated 28 June 2010 (ACS2010-CCS-PEC-0027).
2. Extract of Draft Minutes dated 5 July 2010.
Planning and Environment Committee /
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
28 June 2010 / le 28 juin 2010
Councillor/Conseiller Alex Cullen, Bay Ward
Contact Person/Personne ressource: Councillor/Conseiller Alex Cullen
(613) 580-2477, Alex.Cullen@ottawa.ca
SUBJECT: |
BRITANNIA VILLAGE – OTTAWA RIVER FLOOD PROTECTION PROJECT DIRECTION |
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OBJET : |
DIRECTIVE SUR LE PROJET DE PROTECTION CONTRE LES INONDATIONS DE LA RIVIÈRE DES OUTAOUAIS – VILLAGE DE BRITANNIA |
That the Planning and Environment Committee recommend Council:
4. Approve proceeding with the Britannia Village – Ottawa River Flood Protection project based on the following:
c) a revised upset total project cost value of $670,000 as described in this report;
d) the resolution of transfers of easements required to construct the necessary floodproofing works.
5. That subject to undertaking the work, the Deputy City Manager or delegate be authorized to enter into agreement with the RVCA in respect of maintenance costs to the RVCA for sharing 50/50 in the local portion of the lifecycle maintenance costs estimated to be incurred by the works in Britannia Village; the costs of which are to start after the completion of the base regulatory flood protection works and are estimated at $1,000 per year for 25 years.
6. That staff be directed to review existing Ottawa River flooding emergency response measures for Britannia Village, update and document response plans in conjunction with the RVCA, emergency response organizations and the community.
Que le Comité de l'urbanisme et de l'environnement recommande au Conseil :
4. d'approuver la mise à exécution du projet de protection contre les inondations de la rivière des Outaouais dans le village de Britannia sur les bases suivantes :
a) un coût total limite du projet, révisé à 670 000 $, tel que décrit dans le présent rapport;
b) le règlement des transferts de servitudes exigés pour construire les ouvrages nécessaires de protection contre les inondations;
5. sous réserve de la mise en marche des travaux, d'autoriser le directeur municipal adjoint, ou son délégué, à conclure avec l'OPNVRR une entente sur les frais d'entretien engagés par l'OPNVRR en vue d'un partage moitié-moitié de la part locale des frais d'entretien estimés pendant le cycle de vie des ouvrages dans le village de Britannia, frais devant débuter après l'achèvement des ouvrages réglementaires de base de protection contre les inondations et estimés à 1 000 $ par année sur 25 ans.
6. de demander au personnel d'examiner les mesures existantes d'intervention d'urgence en cas d'inondation dans le village de Britannia, de mettre à jour et de documenter les plans d'intervention conjointement avec l'OPNVRR, les organismes d'intervention d'urgence et la communauté.
Portions of Britannia Village are located within the 1:100 year flood plain limits of the Ottawa River, as defined by the Rideau Valley Conservation Authority (RVCA) per Figure 1 shown in Document 1. Some limited flood protection measures exist but vary in approach and level of protection, and they are discontinuous over the flood plain area. As such, Britannia Village is considered prone to flooding from the Ottawa River as a result of static high water levels and the effect of wave action under certain wind conditions.
In July 2006, Corporate Services and Economic Development Committee (CSEDC) and Council approved the recommended course of action that could enable the berm construction to proceed (Report ACS2006-PWS-INF-0005) with recovery from property owners as a Special Service Area Charge subject to a succesful majority support polling of the residents (50%+1). This polling was done in the spring of 2007 and successfully met the sufficiency criteria. The project was approved by the Planning and Environment Committee (PEC) and City Council in September 2007 (ACS2007-PWS-INF-0007).
At the time, this project was approved based on a project cost of $390,000 with the City funding 50% ($195,000) and 100% of capital cost escalation exceeding the $390,000 estimate. This project was also approved on the basis of securing easement rights for the construction of the berm at a nominal cost.
Early in 2008, RVCA initiated the first phase of a preliminary design to review the previous functional design work and project estimates. This work was completed by August of 2008 and indicated projected costs of $525,000 for 2009 construction assuming transfer of easement at nominal cost per the original project intent. On Feb 5, 2009 RVCA hosted an evening meeting with directly affected properties to explain the process and schedule for developing the final design of the works, and to obtain required approvals (from land owners as well as regulatory bodies). It was identified at this meeting that the latest cost for construction had been estimated to be higher than originally defined in 2007 and that the city would need to bring a report to Committee and Council to that effect before tender could proceed.
An integral component of the design process for the properties directly impacted by construction involved staking out of the approximate location of the proposed structure and to allow discussion and alignment consideration of least impact. This was scheduled for April 2009 after the snowmelt. In that time frame, potential localized challenges regarding the transfer of land at nominal cost emerged. Staff decided to defer finalizing a report to committee requesting additional funding for the work pending an understanding of these implications. The issue of land title was researched and it was determined that consultation would need to take place with owners of 21 properties as opposed to the 7 that was originally targetted. The discrepency related to the ownership of the 14 (21-7) properties on which the berm was to be located was that it was originally understood that these lands were under the Ministry of Natural Resources (MNR) management and control. The information was discussed with the RVCA and MNR over the course of the fall of 2009 and RVCA was also requested to review their assessment of the economic viability of the project based on the upated cost information.
The intent of the report is to seek direction from Committee and Council to establish the City’s threshold limits on total project cost, transfer of easements and the project moving forward.
DISCUSSION
Flood Protection Cost and Benefit Assessment
The RVCA considers two primary areas in their assessment of flood protection projects: public safety risks through safe access to residences for emergency service and evacuation, and physical property damage.
Access and Egress
At the onset of the project in 2004, a short section of Britannia Road was identified to have potential flood depths exceeding the 300mm conservation authority guideline for safe access and egress. The City undertook to address the issue as best as possible through reconstruction of Britannia Road completed in 2009 and RVCA has indicated that the work has resulted in raising of the road at its lowest sections such that safe access into and out of most of the Village is considered available with the exception of a number of properties on 5 streets that are prone to flood depths greater than the 300mm. However, given the available flood warning lead times, it is RVCA’s assessment that the potential for personal injury and/or loss of life under current status quo conditions are relatively low.
Physical property damage
Economic assessment of a flood protection project is a measure for assessing viability of proposed flood control works. It is a measure of the present value of physical flood damage reduction to be gained against cost of constructing and maintaining the works to prevent the damage. Benefit to cost ratios of 1 or greater is generally indicative of an economically advisable project. RVCA completed a qualitative update of the previous detailed 1992 analysis in 2009 based on updated information available to reflect both increased cost of the work as well as changes since 1992 such as the number of properties benefitting from physical damage protection, redevelopment of properties since 1992 that are now flood protected, effect of flood duration effects on damages and flood discharge estimates. RVCA’s qualitative update indicates marginal to no economic benefit for project costs exceeding $670,000 (2010) and that from an economic perspective there are alternatives measures that can be considered.
Transfer of easements
Transfer of easement over portions of land where the berm is to be constructed is required to provide for cost recovery of the works through Municipal Act provisions. From the onset, the project cost was base on the premise that land upon which the berm would be located would be transferred for nominal costs ($1 + survey and transfer fees). Indications from several owners that transfer of land for nominal cost would be an issue emerged early in 2009. As previously noted, the number of individual river shore property owners to be approached for easement agreements has also risen from 7 to as many as 21 based on inspection of title and surveys of lands originally considered under MNR control. A survey is being conducted on the subject properties to determine if they fall under MNR control – should this be confirmed, the project will proceed as originally conceived. Should there be issues regarding access to these easements, staff will report back to PEC.
Construction Costs
The recent cost estimates value the construction and contract administration costs at approximately $580,000 (2010). A significant portion of the difference between the original cost estimate of $390,000 and the current estimate of $580,000 is attributed to increased costs relate to design changes, cost escalation since 2006, higher than anticipated engineering and contract administration to manage issues with placement of the berm, RVCA/City project administration costs to manage easement negotatitions, and site specific issues and for field adjustments that may be required to address blending of the berm structure with existing landscaping and trees.
Next Steps
While the previous Council approval included provisions to cover 100% of capital costs over $390,000, staff are of the opinion that the magnitude of the increase in cost warrants the approval of the project to be revisited. Flood protection measures would still provide benefit to the community but there is a need for the City to define clear boundaries on upset limit costs, easement transfer and cost sharing. It is recommended that:
· a revised upset total project cost value of $670,000;
· the resolution of transfers of easements required to construct the necessary floodproofing works;
· that staff be directed to review existing Ottawa River flooding emergency response measures for the Britannia Village, update and document response plans in conjunction with the RVCA, emergency response organizations and the community
RURAL IMPLICATIONS
There are no rural implications.
Discussions with the community regarding the concept of a berm along the shoreline have been ongoing since the before the 1990’s. Public information meetings were held in November 2004, July 2005 and May 2006. Initial petitioning was completed over the course of the summer of 2006 and repetitioning occurred in in 2007. On Feb 5, 2009 RVCA hosted an evening meeting with directly affected properties to explain the process and schedule for developing the final design of the works, and to obtain required approvals (from land owners as well as regulatory bodies). The most recent cost and property issues were discussed with the ward Councillor in 2009 and in 2010. The community association representatives were briefed December 18, 2009 and further discussions occurred in the spring of 2010. They were advised that a report was being prepared on the matter for PEC.
Infrastructure Services Department
Council approval of this report will provide staff the direction needed to pursue flood protection measures in Britannia Village. Subject to the resolution easement agreements to permit construction of the flood protection measures, staff will work with RVCA to finalize the design, tender and implementation of the flood protection measures.
Environmental Services Department
Environmental Services recognizes and is supportive of the need for annual flood work inspection and maintenance and will ensure that this inspection is accomplished through the RVCA.
However, we are concerned with respect to the requirement for this be a separate fee-based service and will seek further clarification and rationale from the RVCA as to why these costs are not included in the overall RVCA General Levy applied to the City of Ottawa.
As Councillor for Bay Ward for the last 10 years, I am very familiar with the flood-proofing issues involving Britannia Village. This is a safety initiative that has the support of the Britannia Village Association, the RVCA, and City staff. Unfortunately the issue of resolving access to the required easements has delayed this project, creating “cost creep”. However, these issues are expected to be resolved soon following the results of a land survey and it is important to proceed with this project.
The authority for municipalities to undertake works and cost recover as a Special Area Charge is provided through Municipal Act 2001. While not a formal local improvement petition, the Britannia Village Ottawa River Flood Protection works have come forward on the basis of a survey of interest request that has been approved by Committee and Council. Easement transfer is necessary in order to provide sufficient City interest in the portion of lands upon which the berm is constructed for use of Municipal Act provisions to recover a portion of the costs from owners of property in a Special Service Area as a special service area charge.
The proposed works will enhance flood-proofing for Britannia Village but is not a mandated responsibility for the City.
CITY STRATEGIC PLAN
This report is consistent with the Service Delivery priority of the City Strategic Plan.
TECHNICAL IMPLICATIONS
N/A
Capital Costs
In 2006, funding of $470,000 was approved as part of capital project 904470 Britannia Village – Ottawa River Flood Protection. An additional $200,000 is needed to increase the funding to the upset limit of $670,000; the additional funding requirement will be brought forward in the City’s 2011 draft capital budget.
The RVCA has attempted, without success, to secure Provincial funding for the construction project through the MNR-Conservation Ontario Water and Erosion Control Infrastructure (WECI) program. The RVCA will continue to pursue funding opportunities as they become available. Should grants/external funding be secured before the end of construction, the funds would be applied against total project costs thus reducing overall City and property owner contributions.
Operating Costs
For flood and erosion structures built and maintained by the RVCA, the routine operation and maintenance costs incurred by the RVCA are eligible for 50% funding from the Province in the form of transfer payments for flood control operations under Section 39 of the Conservation Authorities Act. The local share of the lifecycle costs of existing structures/systems is covered under the RVCA General Levy. The RVCA has advised City staff that the annual operation and maintenance obligations at the new Britannia flood control works will have to be met without compromising the RVCA’s ability to perform annual maintenance at other existing structures. This is best done by a charge specific to the City for the Britannia lifecycle costs, rather than through the RVCA General Levy. To achieve this, an agreement between the RVCA and the City in which the City undertakes to cover the local portion of the lifecycle cost on a year-to-year basis is required . The City would receive an annual bill from the RVCA for 50% of the actual costs incurred, estimated at $1,000 per year. The additional funding requirement will be brought forward in the RVCA’s 2011 budget request.
Document 1 – Britannia Village Flood 1:100 flood plain limits
Infrastructure Services and Community Sustainability will:
· Subject to the resolution of access to easements to permit construction of the flood protection measures, will work with RVCA to finalize design, tender and implementation of the flood protection measures subject to total project cost not exceeding $670,000.
The City will be responsible to administer cost recovery for the property owners share of costs under the Municipal Act, as a Special Area Charge.
Once project work is complete, Legal Services will finalize the by-law for imposing the Special Area Charge. The by-law will be circulated to Financial Services, Revenue Division for tax certificate and collection purposes.
BRITANNIA VILLAGE – OTTAWA RIVER FLOOD PROTECTION PROJECT DIRECTION
DIRECTIVE SUR LE PROJET DE PROTECTION CONTRE LES INONDATIONS DE LA RIVIÈRE DES OUTAOUAIS – VILLAGE DE BRITANNIA
ACS2010-CCS-PEC-0027 BAY/BAIE (7)
Marie Arseneault, Britannia Village Community Association, was present in support of the recommendations.
That the Planning and Environment Committee recommend Council:
1. Approve proceeding the Britannia Village – Ottawa River Flood Protection project based on the following:
a) a revised upset total project cost value of $670,000 as described in this report;
b) the resolution of transfers of easements required to construct the necessary floodproofing works.
2. That subject to undertaking the work, the Deputy City Manager or delegate be authorized to enter into agreement with the RVCA in respect of maintenance costs to the RVCA for sharing 50/50 in the local portion of the lifecycle maintenance costs estimated to be incurred by the works in Britannia Village; the costs of which are to start after the completion of the base regulatory flood protection works and are estimated at $1,000 per year for 25 years.
3. That staff be directed to review existing Ottawa River flooding emergency response measures for Britannia Village, update and document response plans in conjunction with the RVCA, emergency response organizations and the community.
CARRIED