1. DOWDALL MUNICIPAL DRAIN

INSTALLATIONS MUNICIPALES DE DRAINAGE DOWDALL

Committee Recommendation

That the Agriculture and Rural Affairs Committee recommend Council refer the report to the Drainage Engineer for further analysis in order to establish and reduce the works down to what is absolutely required in order to reduce the costs.

Recommandation du Comité

Que le Comité de l’agriculture et des questions rurales recommande au Conseil municipal de renvoyer le rapport a l’ingénieur pour une étude plus approfondie afin d’établir quels travaux sont absolument indispensables, dans le but de réduire les coûts que devront assumer les propriétaires concernés.

Documentation

1. Deputy City Manager's report Infrastructure Services and Community Sustainability dated 12 May 2009 (ACS2009-ICS-WWS-0007).

2. Extract of Draft Minutes, 11 June 2009.

Report to / Rapport au:

Agriculture and Rural Affairs Committee

Comité de l’agriculture et des questions rurales

and Council / et au Conseil

12 May 2009/ le 12 mai 2009

Submitted by / Soumis par: Nancy Schepers,

Deputy City Manager / Directrice municipale adjointe

Infrastructure Services and Community Sustainability /

Services d’infrastructure et Viabilité des collectivités

Contact Person / Personne ressource: Dixon Weir, General Manager / Directeur général

Environmental Services / Services envrironnementaux

613-580-2424, x22002 Dixon.Weir@ottawa.ca

Rideau-Goulbourn (21)

Ref N°: ACS2009-ICS-WWS-0007

SUBJECT:	DOWDALL MUNICIPAL DRAIN

OBJET :	InSTALLATIONS MUNICIPALES DE DRAINAGE DOWDALL

REPORT RECOMMENDATION

That the Agriculture and Rural Affairs Committee recommend that Council adopt the Engineer's Report for the Dowdall Municipal Drain and give first and second reading to the attached By-law in accordance with Sections 42 and 45 of the Drainage Act of Ontario.

RECOMMANDATION DU RAPPORT

Que le Comité chargé de l’agriculture et des questions rurales recommande au Conseil municipal d’approuver le rapport de l’ingénieur concernant les installations municipales de drainage Dowdall et de présenter en première et deuxième lectures le règlement ci-joint, conformément aux articles 42 et 45 de la Loi sur le drainage de l’Ontario.

BACKGROUND

The Dowdall and Morold Municipal Drains are located in the vicinity of the intersection of Franktown Road and Dwyer Hill Road and were originally constructed in 1971 under By-law 3969 and in 1972 under By-law 17-72 respectively of the former Township of Goulbourn. Changes to the drains have been made in the past and a new Engineer’s Report, under Sections 65, 78 and 84 of the Drainage Act (R.S.O. 1990), is required to address these modifications.

DISCUSSION

The Drainage Act prescribes the process and timelines that must be followed for any modification to a municipal drain. (The “Þ” below indicates the current step in the process for the Dowdall Municipal Drain.) In brief, the complete process includes:

· Council appointment of the Drainage Engineer (9 March 2005);

· Conduct an On-site Meeting with affected landowners to review the proposed modifications, (12 May 2005);

· Submission of the Engineer's Report to Clerk (29 April 2009);

Þ Conduct a Meeting to Consider – (The meeting of the Agriculture and Rural Affairs Committee to consider the Engineer’s Report and the By-law (Attachment 2) presented in this report) (28 May 2009);

· Council approval of the Committee recommendation and first and second reading of the By-law (10 June 2009 - subject to the outcome of the Meeting to Consider and associated appeals process);

· Convene a Court of Revision – (A meeting of the Agriculture and Rural Affairs Committee where landowners may appeal their assessment). Committee may direct the Engineer to revise the assessment contained in the Report. All affected landowners must then be advised of any revisions and the Drainage Act contains provisions for further appeal by landowners of their assessment;

· Third reading of the By-law at Council;

· Construction of the drainage works; and

· Assessment of the costs to benefiting landowners and road authorities (2009).

This report places the Engineer’s Report before the Agriculture and Rural Affairs Committee as the Meeting to Consider as required by the Drainage Act. The time for filing the Engineer's Report was extended under Section 39(1) of the Drainage Act by Council resolution on December 10, 2008.

ENVIRONMENTAL IMPLICATIONS

The Rideau Valley Conservation Authority and Fisheries and Oceans Canada have been consulted on the project and provided with a copy of the Engineer's Report. In consultation with the Rideau Valley Conservation Authority a fish habitat impact assessment and mitigation plan has been prepared and incorporated into the drainage works and includes, riparian vegetative plantings, bank erosion protection, areas of gravel and cobble substrate, frefuge pools habitat areas, drain inlet and outlet erosion protection measures and a construction monitoring plan. Plan 05017-A3 in the Engineer's Report identifies the locations of the various environmental features. Necessary regulatory approvals have been received.

RURAL IMPLICATIONS

The modified and relocated Dowdall Municipal Drain will continue to provide outlet for surrounding rural roads and lands. Affected landowners have been consulted and provided with a copy of the Engineer’s Report and notified of the date, time and location of the Meeting to Consider.

CONSULTATION

The On-site Meeting, as required under the Drainage Act, was held on 12 May 2005. Affected landowners, agencies and utilities in the watershed were notified in advance of the meeting.

All assessed landowners have been notified of the Meeting to Consider the Report and provided with a copy of the Engineer’s Report.

The Rideau Valley Conservation Authority and Fisheries and Oceans Canada have been consulted on the project and provided with a copy of the Engineer's Report and necessary approvals have been received.

LEGAL/RISK MANAGEMENT IMPLICATIONS

There are no legal/risk management impediments to implementing the recommendation in this Report.

FINANCIAL IMPLICATIONS

The estimated total cost of the Drainage works, including the Engineer's Report and associated studies, is $631,406.66. Of this, $366,423.26 is to be assessed to benefiting property owners and $264,983.40 to the City’s Roads and Traffic Operations, Public Works Department.

Project costs have and will be paid initially by the City of Ottawa, Wastewater and Drainage Operations Branch, Environmental Services Department and will be recovered through assessments/recoveries to the benefiting landowners. Funds are available in the 2009 Approved Capital Budget in internal order 902960 Municipal Drains Improvements. The City’s share of $264,983.40 will be identified and included in the Public Works Department’s 2010 Draft Capital Budget.

SUPPORTING DOCUMENTATION

Document 1 - Dowdall Municipal Drain Location Plan

Document 2 - Dowdall Municipal Drain By-law

A copy of the Engineer's Report has been provided to all Agriculture and Rural Affairs Committee Members.

DISPOSITION

Upon approval by Council, the City Drainage Superintendent will notify all assessed landowners of the date of the Court of Revision.

DOCUMENT 1

Dowdall Municipal Drain Location Plan

DOCUMENT 2

BY-LAW NO. 2009 -

A by-law of the City of Ottawa to provide for the abandonment of the Morold Municipal Drain and the partial relocation, improvement and future maintenance of drainage works in the City of Ottawa – Dowdall Municipal Drain.

AND WHEREAS the Morold Municipal Drain was originally constructed under By-law Number 3969-71 of the Township of Goulbourn, pursuant to the Drainage Act, R.S.O 1970, c.136 (now the Drainage Act, R.S.O. 1990, c. D.17);

AND WHEREAS the Dowdall Municipal Drain was originally constructed under By-law Number 17-72 of the Township of Goulbourn, pursuant to the Drainage Act, R.S.O 1970, c.136 (now the Drainage Act, R.S.O. 1990, c. D.17);

AND WHEREAS the lands referred to in By-law Number 3969-71 and in By-law Number 17-72 of the Township of Goulbourn are now included in the City of Ottawa by virtue of the City of Ottawa Act, 1999, S.O. 1999, c.14, Sch.E;

AND WHEREAS every by-law of the Township of Goulbourn is deemed to be a by-law of the City of Ottawa pursuant to Section 5(6) of the said City of Ottawa Act, 1999;

AND WHEREAS an engineer, Robinson Consultants Inc., was appointed on March 9, 2005 by the Council of the City of Ottawa pursuant to section 78(1) of the Drainage Act to prepare an engineer’s report for modifications to the Dowdall and Morold Municipal Drains and a report entitled Engineer’s Report, Dowdall Municipal Drain, Modifications and Improvements, Goulbourn Ward and Township of Beckwith dated April, 2009 (the “Engineer’s Report) has been procured and is on file with the City Clerk;

AND WHEREAS it is necessary to abandon the Morold Municipal Drain pursuant to section 84 of the Drainage Act and to partially relocate, improve and provide for the future maintenance of the Dowdall Municipal Drain pursuant to section 78 of the Drainage Act as a result of requests of the affected and benefiting landowners to reduce flooding and for improved surface and subsurface drainage on agricultural and residential lands in the drainage basin. Since the original construction of the drainage works agricultural land use has intensified resulting in an increase in peak rate and volume runoff in the drainage basin and there is a new residential subdivision, Heron Lakes Estates, through which the drain passes and the ongoing development of the National Defence Canada Lands located in Lot 6, Concession 4 in the drainage basin;

AND WHEREAS the Dowdall Municipal Drain, after it is partially relocated, and improved pursuant to this By-law will drain the following roads and lands: parts of Lot 7, Concession 3, parts of Lots 1 through 7, Concession 4, parts of Lots 1 though 7, Concession 5, former geographic Township of Goulbourn, parts of Lots 26 and 27, Concession 4 and parts of Lots 26 and 27 Concession 5, former geographic Township of Beckwith, now all in the City of Ottawa;

AND WHEREAS the Dowdall Municipal Drain, after it is partially relocated and improved in accordance with the Engineer’s Report, will be located entirely within the City of Ottawa and pursuant to section 74 of the of the Drainage Act the City of Ottawa is responsible to attend to the required future maintenance and repair;

AND WHEREAS the estimated total cost associated with the construction, engineering, contract administration, allowances, report and contingencies of the drainage works is $631,406.66, as per Table 8.1 of the Engineer’s Report;

AND WHEREAS $212,079.62 is the amount to be charged to the City of Ottawa for construction of the drainage works in accordance with Schedule A, Summary Schedule of Assessment, in the Engineer’s Report;

AND WHEREAS the remaining cost of the construction of the drainage works is to be charged to the landowners in the drainage basin in accordance with Schedule A, Summary Schedule of Assessment, in the Engineer’s Report;

AND WHEREAS Council of the City of Ottawa is of the opinion that the drainage of the area is desirable;

AND WHEREAS Council of the City of Ottawa considers it desirable to give this By-law 1^st and 2^nd reading on June 10, 2009 so that it is provisionally adopted pursuant to Section 45 of the Drainage Act;

THEREFORE the Council of the City of Ottawa enacts as follows:

1. The report entitled Engineer’s Report, Dowdall Municipal Drain, Modifications and Improvements, Goulbourn Ward and Township of Beckwith, dated April 2009 and filed with the City Clerk (the “Engineer’s Report”), is hereby adopted and the drainage works as therein indicated and set forth is hereby authorized and shall be completed in accordance therewith.

2. The Corporation of the City of Ottawa may borrow on the credit of the Corporation the amount of $631,406.66 being the amount necessary for construction of the drainage works.

3. The Corporation of the City of Ottawa may arrange for the issue of debentures on its behalf for the amount borrowed less the total amount of the following:

(a) grants received under Section 85 of the Act,

(b) commuted payments made in respect of lands and roads assessed within the municipality,

(d) money assessed in and payable by another municipality,

and such debentures shall be made payable within ten (10) years from the date of the debenture and shall bear interest at a rate to be set by the City of Ottawa

4. Of the $212,079.62 to be charged to the City of Ottawa for the construction of the drainage works, the sum of $185,889.44 is assessed for special benefit.

5. The remaining cost of the construction and future maintenance of the drainage works shall be charged to the landowners in the drainage basin in accordance with Schedule A, Summary Schedule of Assessment, of the Engineer’s Report.

6. All net assessments of $1,000.00 or less are payable in the first year in which the assessment is imposed.

7. The existing Morold Municipal Drain is abandoned pursuant to section 84 of the Drainage Act, R.S.O. 1990, c. D.17.

8. This By-law comes into force on the passing thereof and may be cited as the “Dowdall Municipal Drain Improvement By-law 2009”.

ENACTED AND PASSED this day of July, 2009

CITY CLERK MAYOR

DOWDALL MUNICIPAL DRAIN

INSTALLATIONS MUNICIPALES DE DRAINAGE DOWDALL

ACS2009-ICS-WWS-0007 RIDEAU-GOULBOURN (21)

A written submission from John Newman, Director, Ottawa Federation of Agriculture dated 11 June 2009 was received and is held on file with the City Clerk and Solicitor.

Dave Ryan, Project Manager, Municipal Drainage introduced Andy Robinson, Engineer for Robinson Consultants who spoke to a PowerPoint presentation, which is held on file with the City Clerk and Solicitor. Dixon Weir, General Manager of Environmental Services, also accompanied them. Mr. Robinson noted that he would only provide a brief overview of the presentation at this meeting since a full presentation was given at a public meeting on 8 June 2009.

Councillor Brooks asked the consultant to provide some of the history, specifically what happened in 2005. Mr. Robinson explained that Council approved the preparation of an Engineer's Report for modifications to the Dowdall and Morold Municipal Drains in 2005. Mr. Ryan added that staff received complaints from a landowner west of Heron Lake Estates regarding some changes to his property. He added that the councillor at the time met with staff on site and determined that any changes made should be included in the engineer’s report.

In response to a question by Councillor Brooks, Mr. Ryan explained that there is a requirement under the Drainage Act, to notify area landowners regarding public meetings. In this case, he recalled that the meeting held in May 2005 was well attended. Referring to the June 8, 2009 meeting, Councillor Brooks noted that property owners wanted the City to pay for the entire cost given the way this file was handled and noted that he prepared the following motion to that affect:

THEREFORE BE IT RESOLVED THAT the City of Ottawa pay and absorb the entire costs of the Engineer’s Report and the related works for the Dowdall Municipal Drain.

Chair Jellett indicated that staff were recommending the report be referred back to Robinson Consultants for further review, which would evidently change the numbers noted in Councillor Brooks’ proposed motion. Mr. Robinson agreed with the chair and explained that by referring it back, they could re-visit Section 2 and Branch 6, meet with Heron Lake Estates and other landowners to get a better sense of where things should go. A special assessment for the City could also be added and offered to work with planning and legal staff with respect to costs.

Chair Jellett believed it was premature to vote on a motion at this meeting, which would set the City to pay a certain amount of money when it is still unknown of the end results. He suggested Councillor Brooks refer this report to staff to allow for an appropriate comment on cost.

Councillor Brooks noted that he had two motions. He explained that the first motion was with respect to getting the work done and have the city assume responsibility. The second motion related to what the chair proposed, referring the report to staff for further analysis in order to establish and reduce the works to what is required in order to reduce the cost to be paid by the adjacent land owner.

Mr. Robinson suggested the referral motion be more open and cautioned that it should be referred back to the drainage engineer in accordance with the Drainage Act. Councillor Brooks agreed to bring this report back and noted he would hold the first motion until that time.

Tim Marc, Senior Legal Counsel read the last portion of the proposed motion for the benefit of Mr. Robinson:

BE IT THEREFORE RESOLVED THAT the report be referred to staff for further analysis in order to establish and reduce the works down to what is absolutely required in order to reduce the costs to be paid by the adjacent land owners.

Chair Jellett confirmed with legal staff that Committee was required to recommend that Council refer the report back to the drainage engineer, based on the Drainage Act. Mr. Marc agreed and said that generally a referral motion would be sent back to staff that would in turn hand it over to the consultants to do the work. In this case, because of the wording in the Drainage Act, the referral motion would have to rise to Council.

Chair Jellett read the motion with the change noted by Mr. Marc:

THEREFORE BE IT RESOLVED THAT the Agriculture and Rural Affairs Committee recommend Council refer the report back to the Drainage Engineer for further analysis in order to establish and reduce the works down to what is absolutely required in order to reduce the costs to be paid by the adjacent land owners.

The Chair suggested that a direction to staff be noted that staff respond to the following points when bringing forward their subsequent report:

· Provide information regarding Councillor Brooks’ first motion with respect to the City absorbing costs of the Engineer’s Report and related works for the Dowdall Municipal Drain.

· Outline the impacts on other municipal drains across the City.

· Inquire with the Department of National Defence on their status and future intentions regarding municipal drains.

David Western, President, Heron Lake Community Association noted his support of Councillor Brooks’ motion, although requested that the last part of the recommendation regarding cost be set aside until the actual cost is known.

On that point, Chair Jellett suggested removing “to be paid by the adjacent land owners” in the last paragraph of the referral motion.

Bev Millar noted that she owned the Millar Baird Farm and that she received a bill for over $15,000 with no work being done on her property. She claimed understanding the idea of benefit and outlet but the methodology is not matching the situation in this case. She spoke to a PowerPoint presentation, which is held on file with the City Clerk and Solicitor. Her main points were as follows:

· Faulty subdivision plan – Section 1

· Impacts by Department of National Defence

· How Goulbourn fixed the wrong drain in Branch 6

· Fish Habitat Studies

· Inherently Unfair - Todgham

Chair Jellett suggested Mr. Robinson respond to Ms. Millar’s concerns addressed in her presentation.

Christopher Brown supported Councillor Brooks’ two motions but suggested it read as per the Monday meeting noting that Section 1 only be referred back as opposed to the entire section. It was noted at the previous meeting that the biggest problem with the drain is at the culvert in Heron Lake due to DND’s unauthorized work. Mr. Brown also spoke on the assessment, noting that the Drainage Act is somewhat unfair with the assessments because it lays fault by assessing a non-faulty member.

Allan Quinn also acknowledged his support of Councillor Brooks’ motion. He informed the Committee that he has a 50-acre farm on Copeland Road and that his assessment is in excess of $15,000 for a creek going through his property.

Bruce Christie thanked Mr. Robinson for his presentation on Monday. He explained that the municipal drain was built 40 years ago for agricultural purposes only. The residents west of Dwyer Hill Road do not want to see any work on their property. A professional engineer approved the construction of the subdivision and the drainage plan and believed that it is the subdivision itself that is inadequate. He stated in Section 80 of the Drainage Act, “no one should obstruct the drain.” Section 82 states that “a municipality may seek remediation.” The Township of Goulbourn has been absorbed but the liability is with the developer, the engineer and the City. The Todgham method is incorrect for assigning outlet and liability costs; it should be a special benefit and tied back to the City of Ottawa or the original Township of Goulbourn.

Sam Thistle spoke of the Morold ditch and how it was dug to feed Blue Heron Estates. He noted that at the front of his property where the Morrow ditch feeds into the ditch on Copeland Road, water flows over the road in the spring months. If the ditch were reinstated to its original location, which is south along Ashton Station Road, across Dwyer Hill and back into the ditch that feeds Jock River, the people would not have issues in Blue Heron Estates. These residents do not want work on their ditches, as it is not necessary. He noted that the residents are farmers who cannot afford the tax increase.

Jack MacLaren, President, Ontario Landowners Association praised the councillor for the meeting on Monday. He believes the work is necessary at Heron Lakes Estates for better drainage because of faulty engineering when the subdivision was originally designed. DND caused work that needs to be corrected and they need to take responsibility as well as the City of Ottawa since they inherited the former Township of Goulbourn. He emphasized that it is not the responsibility of the landowners or the residents of Heron Lake Estates. Tom Black, a member of the Carleton Landowners Association called Gordon O’Connor’s office, MP, Carleton-Mississippi Mills, a former Ministry of Defence to inform him of the situation and seek assistance.

Chair Jellett questioned staff that if the developer had a faulty plan, can the city go back on the developer. Mr. Marc admitted not reviewing the subdivision agreement prior to this meeting and offered to do so but cautioned that it is unlikely.

Bob Newell noted that he has property on the other side of Ashton Station Road in the Township of Beckwith. He asked that if Councillor Brooks’ motion was approved, how much responsibility would fall on Reeve Richard Kidd in terms of cost. He noted that there are five items in Beckwith that was noted in Mr. Robinson’s presentation that are not included in the motion. He also highlighted that he had not received any notice or information on this file. He asked Mr. Robinson if he would get charged even though no work is being done on his property.

Mr. Robinson explained that the drain is divided in a series of sections for assessment and future maintenance purposes but noted that there are no sections on Mr. Newell’s property. In response to Mr. Newell’s question on cost, Mr. Robinson explained that anyone in the watershed, whose water gets to the drain, would be charged an outlet assessment. If the drain were on his property, then he would be charged the benefit assessment cost.

Chair Jellett requested to staff that the five landowners in Beckwith receive notification and information regarding the Dowdall drain.

Councillor Brooks concluded that the residents have been very vocal on this issue and referring the report back to the engineer with a clear direction is the proper way of handling this file. Mr. Robinson offered the residents to call his office or e-mail him with specific details.

Moved by Councillor Brooks,

WHEREAS the Dowdall and Morold Municipal Drains are located in the vicinity of the intersection of Franktown Road and Dwyer Hill Road and were originally constructed in 1971 under By-law 3969 and in 1972 under By-law 17-72 respectively of the former Township of Goulbourn;

AND WHEREAS Changes to the drains have been made in the past and a new Engineer’s Report, under Section 65, 78 and 84 of the Drainage Act (R.S.O. 1990), is required to address these modifications;

AND WHEREAS the City of Ottawa is recommending that the Agriculture and Rural Affairs Committee recommend that Council adopt the Engineer’s Report for the Dowdall Municipal Drain;

AND WHEREAS the estimated total cost of the Drainage works, including the Engineer’s Report and associated studies is $631,406.66;

AND WHEREAS of the $631,406.66$, $366,423.26 is to be assessed to benefiting property owners and $264,983.40 to the City’s Roads and Traffic Operations, Public Works Department;

AND WHEREAS these studies and works were initiated by the City of Ottawa and not petitioned by adjacent land owners;

CARRIED

DIRECTION TO STAFF:

That staff respond to the following points when bringing forward their subsequent report:

· Provide information regarding Councillor Brooks’ first motion with respect to the City absorbing costs of the Engineer’s Report and related works for the Dowdall Municipal Drain.

· Outline the impacts on other municipal drains across the City.

· Inquire with the Department of National Defence on their status and future intentions regarding municipal drains.