1.             BRITANNIA VILLAGE – OTTAWA RIVER FLOOD PROTECTIONREVISED PETITION

 

VILLAGE DE BRITANNIA – PÉTITION MODIFIÉE CONCERNANT LA LUTTE CONTRE LES INONDATIONS DE LA RIVIÈRE DES OUTAOUAIS

 

 

Committee recommendation

 

That Council approve the implementation of the proposed Ottawa River 100-year flood protection measures in Britannia Village, as identified in the June 2006 report ACS2006-PWS-INF-0005, based on the revised petition of interest having received support from at least 50%+ 1 of the owners of non-City properties within the flood plain limits defined by the Rideau Valley Conservation Authority.

 

 

Recommandation du Comité

 

Que le Conseil municipal approuve la réalisation des mesures proposées de lutte contre les crues centenaires de la rivière des Outaouais dans le Village de Britannia, telles qu’elles ont été déterminées dans le rapport ACS2006-PWS-INF-0005 de juin 2006, selon la pétition d’intérêt modifiée ayant reçu le soutien de 50 % plus un des propriétaires de biens-fonds n’appartenant pas à la Ville dans les limites de la plaine inondable définies par l’Office de protection de la nature de la vallée de la rivière Rideau.

 

 

Documentation

 

1.      Deputy City Manager's report Public Works and Services dated 13 June 2007 (ACS2007-PWS-INF-0007).

 

2.      Extract of Draft Minutes, 11 September 2007.


Report to/Rapport au :

 

Planning and Environment Committee

Comité de l’urbanisme et de l’environnement

 

 

13 June 2007 / le 13 juin 2007

 

Submitted by/Soumis par:  R.G. Hewitt,

Deputy City Manager/ Directeur municipal adjoint,

Public Works and Services/Services et Travaux Publics

 

Contact Person/Personne ressource :

W.R. Newell, P.Eng., Director/Directeur

Infrastructure Services/Services d'infrastructure

613-580-2424 x16002,  Wayne.Newell@ottawa.ca

 

Ward 7 (Bay)

Ref N°: ACS2007-PWS-INF-0007

 

 

SUBJECT:

Britannia Village – Ottawa river flood protection

Revised Petition

 

 

OBJET :

VILLAGE DE BRITANNIA – PÉTITION MODIFIÉE CONCERNANT LA LUTTE CONTRE LES INONDATIONS DE LA RIVIÈRE DES OUTAOUAIS

 

REPORT RECOMMENDATIONS

 

That Planning and Environment Committee recommend Council approve the implementation of the proposed Ottawa River 100-year flood protection measures in Britannia Village, as identified in the June 2006 report ACS2006-PWS-INF-0005, based on the revised petition of interest having received support from at least 50%+ 1 of the owners of non-City properties within the flood plain limits defined by the Rideau Valley Conservation Authority.

 

 

RECOMMANDATIONS DU RAPPORT

 

Que le Comité de l’urbanisme et de l’environnement recommande au Conseil d’approuver la réalisation des mesures proposées de lutte contre les crues centenaires de la rivière des Outaouais dans le Village de Britannia, telles qu’elles ont été déterminées dans le rapport ACS2006-PWS-INF-0005 de juin 2006, selon la pétition d’intérêt modifiée ayant reçu le soutien de 50 % plus un des propriétaires de biens-fonds n’appartenant pas à la Ville dans les limites de la plaine inondable définies par l’Office de protection de la nature de la vallée de la rivière Rideau.
BACKGROUND

 

Portions of Britannia Village have been constructed within the 1:100 year flood plain limits of the Ottawa River, as defined by the Rideau Valley Conservation Authority (RVCA) (Attachment 1).  Some individual owners within the affected area have undertaken independent protection along the shoreline in the past.  These measures are limited, vary in approach and level of protection, and are discontinuous over the flood plain area.  They provide limited protection to the broader flood-prone community.  In the early 1990’s, the RVCA examined the cost effectiveness of flood protection measures for the Britannia Village community.  The study concluded that a continuous engineered berm along the shoreline could enhance flood protection at a reasonable cost and the investment was economically viable (Attachment 2).  The project did not proceed any further at that time.

 

In 2004, the community expressed renewed interest in the broader flood protection measures to the RVCA.  The Department has been working with the RVCA and the community on implementation details.  In July 2006, Corporate Services and Economic Development Committee and Council approved a recommended course of action that could enable the project to proceed (Report ACS2006-PWS-INF-0005).  The approval was based on the City covering 50% of the project cost with the 50% non-city portion being recovered through a Special Service Area charge against benefiting properties through Municipal Act provisions.  The implementation of the project was subject to a survey of interest receiving support from at least 67% of the property owners within the flood plain limits defined by the RVCA.

 

The initial polling of the community closed at the end of July 2006.  The documents received by staff showed that the community support did not meet the requirements of the 67% sufficiency criteria.   In October 2006, the Britannia Village Community Association (BVCA) and Ward Councillor enquired if the sufficiency criteria could be changed from 67% to 50%+1.  Staff communicated the earlier Council recommendations were specific to the 67% criteria and changing to a 50%+1 criteria would require reconsideration by Committee and Council to confirm acceptance of the revised criteria and re-affirm support for funding and cost sharing as originally approved.

 

In November 2006, the community association requested staff prepare a revised survey of interest petition form for circulation based on the 50%+1 criteria.  Staff revised the petition documenting the proposed change and clearly outlined BVCA’s intent to propose amending the community support requirement for the works to proceed as a Special Service Area charge from a minimum of 67% to a minimum of “50%+1” and the survey of interest was being circulated on the basis of the aforesaid amendment.  The revised petition form (Attachment 3) stated that should it receive signatures representing at least 50%+1 of the property owners, a report would be brought forward to Committee and Council requesting approval of the amendment of the community support to 50% +1 to proceed with the works as a Special Service Area charge.

 

The purpose of this report is to address the latest BVCA survey of interest and recommend Committee and Council approve the project, as outlined in report ACS2006-PWS-INF-0005, based on a revised sufficiency criteria of 50% +1 of the benefiting property owners.   

DISCUSSION

 

In May 2006, Council approved the Local Improvement Policy report.  As part of the report (ACS2006-PWS-INF-0001), the Department identified its intent to manage requests for hard infrastructure by either applying the “local improvement” provisions to typical physical infrastructure (i.e. watermains, sewers, sound barriers, etc) or applying the “special service” provisions to services that are unique, area specific, outside the context of the Local Improvement regulations, or better suited to an area charge application.  The Britannia Village Ottawa River flood protection project fits the requirements of the “special service” provisions.

 

While the regulations for the “local improvement” provisions are prescriptive in terms of defining minimum petition sufficiency levels (i.e. minimum support from 67% of affected owners representing a minimum 50% of the assessment value), the “special services” provisions are not.  As part of the approval of the Local Improvement Policy report (ACS2006-PWS-INF-0001), Committee directed staff to report back on setting an appropriate level of support for benefiting properties for projects undertaken under the “special service” provisions.  The Department will be bringing forward a report to Committee and Council in the coming months to address this request.  In the meantime this does not preclude Committee from considering the Britannia request.

 

The Department recognizes that each intended application of the “special service” provisions should consider an appropriate level of sufficiency on a project-by-project basis.  The initial survey of interest undertaken in 2006 by the community was undertaken on the basis of 67% support of the affected owners of non-City property, which is consistent with the report approved by Committee and Council in advance of the petitioning process.  This does not preclude deviating from the sufficiency requirement of 67%, but requires Committee and Council endorsement of the change.   

 

The Britannia Village Ottawa River flood protection project is a community-driven request which predates the 1990’s that has gone through significant recent discussion and community awareness efforts led by the BVCA and the Ward Councillor.  The request to change the sufficiency criteria from the original 67% to 50%+1 was decided through community representation and subsequently communicated to the broader stakeholder group by both the BVCA and the Ward Councillor in the fall of 2006.  The Department has received the revised petition from the community.  The revised petition has signatures representing 59% of the owners in the affected area.

 

While this meets the 50%+1 criteria, it represents a deviation from the original 67% criteria.  The Department is recommending approval on the basis of the long history of discussion at the community level and the fact the City has agreed to cost share 50% of the project costs.  This cost sharing recognizes the broader benefits to the City and the community.  Under these circumstances, the 50%+1 criteria is considered reasonable.

 


CONSULTATION

 

Discussions with the community regarding the concept of a berm along the shoreline have been ongoing since the pre 1990’s.  Recent 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.   The BVCA and Ward Councillor communicated their intent to re-petition on the basis of 50%+1 at the community association’s annual general meeting and through local newspapers in the Fall of 2006.

 

Bay Ward Councillor Alex Cullen is supportive of the proposal to proceed with flood proofing measures in Britannia Village.

 

FINANCIAL IMPLICATIONS

 

The financial implications have not changed from those approved by Corporate Services and Economic Development Committee in July 2006 (ACS2006-PWS-INF-0005.  The total cost to implement the proposed base regulatory flood protection measures is estimated at $390,000.  The City’s share of the project is $195,000 (50% of $390,000). The remaining funds ($195,000) will be recovered from the benefiting property owners.  Should project costs exceed $390,000, the City would be responsible for the incremental costs to be covered from exiting capital accounts.

 

Funding for the works was approved in 2006 and is provided as part of capital project 904470.

 

SUPPORTING DOCUMENTATION

 

Document 1 – Britannia Village Flood Plain Area

Document 2 – Berm Concept

Document 3 – Revised Petition for Special Area Charge

 

DISPOSITION

 

The Public Works and Services Department will coordinate the implementation of the flood protection measures with the RVCA.

 

The City will be responsible to administer the project under the Municipal Act, including recovery of private property owners’ share.

 


 Britannia Village Flood Plain Area                                                                        DOCUMENT 1

 

The drawing below is an excerpt from a report entitled: “Lac Deschenes Flood Damage Reduction Investigation” (Novatech Engineering Consultants Ltd. for RVCA, Dec. 1992).

 

The 100-year flood line shown here was originally delineated in a study entitled: “Ottawa River Flood Plain Mapping (MacLaren Plansearch for MVCA, RVCA and RMOC, Dec. 1984), and has been reviewed and confirmed in subsequent hydrologic analyses.


Berm Concept                                                                                                          DOCUMENT 2

 

 

 

 

 

 

 

 

 

 

 

 

 



Revised Petition for Special Area Charge                                                             DOCUMENT 3


 

 



Britannia Village – Ottawa river flood protection Revised Petition

VILLAGE DE BRITANNIA – PÉTITION MODIFIÉE CONCERNANT LA LUTTE CONTRE LES INONDATIONS DE LA RIVIÈRE DES OUTAOUAIS

ACS2007-PWS-INF-0007                                                                      BAY/BAIE (7)

 

Wayne Newell, Director of Infrastructure Services provided a Power Point presentation, which is on file with the City Clerk.  Bruce Reed, Rideau Valley Conservation Authority (RVCA), accompanied him.

 

The following written correspondence was received:

·        Email in opposition from Jane and Konrad Lewinski, dated September 7, 2007.

·        Email from George and Marilyn Fox (on behalf of Concerned Britannia Residents), dated 6 September, seeking deferral of the matter.

·        Email in opposition from Wayne Harper dated August 17, 2007.

·        Petition in support from the Britannia Village Community Association dated September 6 to 10, 2007.

 

The Committee heard from the following delegations.

 

Omid McDonald spoke in opposition, specifically objecting to the change of process from a local improvement to a special services levy, which changes the require support from two thirds to 50 percent plus one.  He suggested the lower threshold is divisive and inadequate.  Mr. McDonald also noted that staff is preparing a report to Committee and Council on the whole issue of special services and local improvement levies.  He urged the Committee to defer this matter until that report is presented.

 

Peter Duncan spoke in support of the proposal, noting that the costs are reasonable to protect the safety and property of residents.

 

Sheila Burpee Duncan also spoke in favour of the recommendations as the issue and solutions have been studied.  She recalled the flooding faced by Winnipeg when she resided in that City.  Ms. Burpee Duncan indicated there was no need to delay and expressed confidence with the work undertaken by the City and the RVCA.

 

Wendy Hough-Eyamie, President, Britannia Village Community Association read from a written statement, which is held on file with the City Clerk.  Ms. Hough-Eyamie spoke in support and presented petitions in that regard.  She reviewed the process and asked Committee and Council to move forward with the flood protection measures to protect the well-being and property of residents. 

 

In response to questions from Councillor Hunter, Ms. Hough-Eyamie and Councillor Cullen confirmed that the City does undertake sandbagging each spring in the area and barriers are also installed.  She also noted that new homes have been constructed and have followed all the requirements imposed by the RVCA and the City.

 

Simon Fuller indicated that his entire property (2781 Rowe Street) has been flood proofed due to work undertaken at the owner’s expense.  He asked to be removed from the benefiting area as his property is already protected.  He also argued that he represents a disproportionate share of the assessment value.

 

Mr. Reed stated that the benefiting area is determined by assessing whether access to Rowatt Street would be guaranteed through the flood protection measures. 

 

In response to a question from Councillor Cullen, Tim Marc, Senior Legal Counsel, Legal Services explained that Council has the authority to determine which properties are within the benefiting area.  Chair Hume also added that Council could proceed with such a project without any requirement for support from the affected residents.

 

Mr. Newell added that even if only a portion of the site is within the floodplain, the entire property is assessed for the purposes of the benefiting area.

 

Councillor Hunter questioned the fairness of determining the benefiting area through the use of mapping, as conditions and properties have been subject to changes and new development.  Mr. Reed agreed that the process should look at the current situation on the ground in order to refine the benefiting area.

 

Councillor Hunter suggested that if work has been done previously at the owner’s expense that improved flood proofing in the area, these property owners should be entitled to some sort of credit for new works.  Mr. Marc noted that no such provision exists under Section 326.  Councillor Hunter suggested the rules of fairness should apply.

 

John Riordan spoke in support and asked Committee to move ahead with the proposed flood protection measures.

 

Jonathan Morris also supported the recommendations noting flood issues have been on-going for decades.  He urged Committee to proceed forthwith, noting the benefits of doing so (health, property protection, development rights).  Mr. Morris noted that the property value of homes in a floodplain is higher.  He added that the costs to implement flood protection measures was minimal compared to the cost related to a 100-year flood.

 

Christine Bailey expressed her support, noting she has experienced flooding twice in 1991 and 2003.

 

Jane Agnew spoke in opposition.  She referenced the change from a local improvement to a special services levy.  She has invested important sums to ensure her property is adequately flood proofed.  Ms. Agnew objected to the berm as it would significantly impact her yard and reduce the property value.  She suggested the City investigate other measures, such as a portable berm.  She also suggested many mature trees would be negatively impacted or destroyed with the construction of the berm.  In closing, she requested that the matter be deferred.

 

Responding to questions from Councillor Hunter, Ms. Agnew noted that her property is raised and stands at the required 60.8 feet.  Mr. Reed noted that the berm, when detail design and construction are complete, would vary in width and height depending on existing grading.

 

Councillor Harder asked staff to clarify, prior to Council consideration, how or if a property owner can receive a credit or be excluded from the benefiting area.

 

Rick Domokos, Sunset Point Home Association, provided a detailed submission in opposition, which is held on file with the City Clerk.  Speaking on behalf of other concerned residents, he asked that Committee defer this item.  He spoke to issues on the process and stated it would be prejudicial to proceed now as staff is preparing a report on special services levies.  Mr. Domokos also suggested the City should pay for 100 percent of the work.  He also asked for a new community vote and changes to the assessed benefiting property formula.

 

Mr. Reed clarified that even if the flood protection measures do proceed, it will not impact or change the rules to be enforced by the RVCA with regard to development.   Projects will be able to proceed if it is deemed that safe access is provided in the event of a 100-year flood.

 

Matilda Hahn, a member of the Community Association, spoke in support.  She stated that she is not in the benefiting area but volunteered to be.  She spoke to the benefits of proceeding with the work for all residents in the area.   She suggested the cost is reasonable and touched on the many meetings organized by the Community Association and Councillor Cullen to inform residents and move this issue forward.

 

Councillor Cullen endorsed the measures proposed by the RVCA and City staff.  He noted he has worked on this issue since 2004 with many meetings and studies. 


He reiterated the crux of the issue, which is that the measures provide for safety and access to 97 homes, 57 of which have signed a petition in support.  He also indicated that the berm would protect the City’s only route to the Britannia Filtration Plant, an important piece of City infrastructure.  He also noted that the City would cover 50 percent of the cost and any overruns.  The Councillor touched on the spring sandbagging efforts to protect the community and urged Committee to proceed.

 

Responding to a question from Vice-Chair Feltmate, Mr. Marc noted that the City bears no liability should the process not proceed after receiving 57 expressions of support from those affected property owners.

 

Councillor Desroches wondered if property owners would benefit through insurance coverage.  Mr. Newell indicated that the issue has not been researched but a potential might exist.  Mr. Marc stated that flood insurance is not available in Canada.

 

Councillor Monette spoke in support of the departmental recommendations.  He objected to providing credits, noting the complexity of determining who would be eligible and who would not.

 

Councillor Holmes stated that it is a mistake to allow for residential development in floodplains.  She suggested not allowing this in the future and expressed support for the proposed measures.

 

Councillor Hunter asked questions of staff with respect to Mr. Fuller’s property and the work undertaken to flood proof.  Staff also confirmed that private property easements would be negotiated once detailed design work is underway.  Mr. Reed also clarified that the Ontario Ministry of Natural Resources would be involved but did not anticipate considerable involvement from the Department of Fisheries and Oceans. 

 

Councillor Hunter expressed concern with the City picking up the tab for any cost overruns.  He also suggested that Mr. Fuller’s property should be excluded from the benefiting area.  Councillor Cullen clarified that Council previously approved the cost sharing and that the City would be responsible for costs associated with overruns.  The ward councillor also suggested that the RVCA and affected property owner should sort out any disputes with regard to the benefiting area.

 

Councillor Doucet spoke against development in floodplains, speaking to the biodiversity and beauty of the natural environment.  He suggested that in future it must be protected and stated that he would be voting in support of the recommendations.

 

Chair Hume congratulated Councillor Cullen on his approach to this issue by using innovative mechanisms to allow for the municipality to resolve this long-standing issue.

 

Mr. Newell confirmed that $450,000 is earmarked for this project.  He is confident that the project can be accomplished within existing monies.  He confirmed that staff would return to Committee and Council if overruns exceeded the authority.

 

Councillor Hunter moved the following amendments.  Councillor Holmes spoke in opposition.

 

Moved by G. Hunter:

 

That the Planning and Environment Committee and Council approve an amendment to the departmental recommendation to make the approval conditional subject to more detailed study of the work and information on the total cost of the project.

 

                                                                                                LOST

 

YEAS (1):        G. Hunter

NAYS (9):       M. Bellemare, S. Desroches, C. Doucet, J. Harder, D. Holmes, B. Monette, S. Qadri, P. Feltmate, P. Hume

 

Moved by G. Hunter:

 

That Planning and Environment Committee and Council approve that the property on the North side of Rowe Street (2781) be excluded from the benefiting area.

 

                                                                                                LOST

 

YEAS (1):        G. Hunter

NAYS (9):       M. Bellemare, S. Desroches, C. Doucet, J. Harder, D. Holmes, B. Monette, S. Qadri, P. Feltmate, P. Hume

 

That Planning and Environment Committee recommend Council approve the implementation of the proposed Ottawa River 100-year flood protection measures in Britannia Village, as identified in the June 2006 report ACS2006-PWS-INF-0005, based on the revised petition of interest having received support from at least 50%+ 1 of the owners of non-City properties within the flood plain limits defined by the Rideau Valley Conservation Authority.

 

                                                                                                            CARRIED