Township council has declined to ratify an agreement for a bridge reconstruction monitoring program requested by an indigenous group for a project on Sideroad 17 near Glen Allan.
The bridge in question is a 1920s-era bowstring style arch bridge just east of Wellington Road 45.
“The structure is in very poor condition with public concerns [about] safety,” notes a staff report from public works director Sam Mattina.
The report, presented to council on June 13, indicates, “The condition of the concrete and reinforcing steel had reached the point where it is incapable of safely carrying emergency service vehicles or school buses. The township is required to keep its bridges safe and in a state of repair that is reasonable in the circumstances. The bridge is currently restricted to vehicles under two tonnes, which is effectively single passenger vehicles.”
The work is approved for 90% provincial funding, up to $1,268,561.
As part of a municipal class environmental assessment (MCEA) required for the project, the township must engage the public, including any local indigenous groups in the notification awareness process and respect any indigenous land rights, cultural values and environmental issues that may exist.
This bridge falls within the treaty lands of the Haudenosaunee indigenous group, which has expressed concern the MCEA process does not adequately address their interests with respect to land rights and environmental concerns. The Haudenosaunee are concerned there is not enough provincial oversight during the construction phases of projects. They indicated an interest in having project monitors from the Haudenosaunee Development Institute (HDI) present during construction “to ensure that the environmental mitigation measures are being followed properly and that cultural resources are preserved,” the report explains.
The group is requesting initial project funding of $3,000, plus expense and other associated fees.
Mattina’s report notes the window of opportunity for the township to receive the approved provincial funding for the bridge is tied to a start date of the detailed design and construction.
“Without funding the township will struggle to financially replace this bridge,” the report states.
“The township may be liable in an action for negligence if it does not meet its duty of care. Entering into this monitoring agreement with the HDI Group will respect the requirements of the MCEA, the Haudenosaunee indigenous group as well as ensure the … project remains on schedule for the 2017 construction season, therefore ensuring the dissemination of the approved provincial funds.”
Councillor Lori Woodham asked if the funds paid for monitoring would be eligible for the 90 per cent provincial funding, “or is this something we would be responsible for.”
“Absolutely the cost of this work would be eligible for funding,” replied CAO Brad McRoberts.
Woodham also asked how council could be sure of the final cost of the monitoring, given the agreement includes hourly rates for a variety of work.
McRoberts explained the township would be agreeing to provide the initial $3,000 for HDI to review the project then provide a cost estimate to complete the monitoring.
“Right now all were agreeing to is to pay $3,000 so they can review our documents and provide comments,” said McRoberts. “So if they come back and say, ‘Okay we’re going to have 20 hours of oversight on this project,’ we’ve got the rates in there already.”
Councillor Marlene Ottens asked how extensive the monitoring program was likely to be.
McRoberts said it would not likely involve HDI monitors being at the site continuously.
“I suspect it would be more on an inspection type basis,” he explained.
“Do we have to do this?” asked Woodham.
McRoberts explained the consultation requirement stems from unresolved land claims that cover the Haldimand Tract, and “most of southwestern Ontario.”
He said an objection from the group could result in consequences ranging from the affected provincial ministries making note of the objection, to potential work stoppages.
The latter, he noted, would include financial ramifications if a contractor were in place.
“He’s going to sit there on a standby rate,” said McRoberts.
A resolution to approve the report and approve the ratification of the monitoring agreement was defeated, with all councillors opposed.
McRoberts told the Community News the project would proceed without the agreement. He noted the EA notice period began on June 2, and any group or individual can comment on the EA during that time.
The Ministry of Environment and Climate Change will then determine if any comments require further consultation.
“The province delegates the requirement to consult with First Nations but does not require us to enter into any agreements,” he stated in an email.
“At this time it would be difficult to determine what action, if any, HDI would take. Regardless of an agreement the township is willing to consider any valid issues the HDI or any other group may raise regarding the project as part of the EA process.”
