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1. DOWDALL MUNICIPAL DRAIN - REPORT ON STATUS OF
DRAINAGE WORKS PURSUANT TO THE DECISIONS OF THE COURT OF REVISION AND ONTARIO
DRAINAGE TRIBUNAL INSTALLATIONS
MUNICIPALES DE DRAINAGE DOWDALL – RAPPORT D’ÉTAPE DES TRAVAUX DE L’ACCORD DU
TRIBUNAL DE RÉVISION ET DE LA COMMISSION |
COMMITTEE RECOMMENDATION
That Council receive this report for information.
RECOMMANDATION DU
COMITÉ
Que le Conseil prenne connaissance de ce rapport.
Documentation
1. Deputy City Manager’s Report, Infrastructure
Services and Community Sustainability dated 13 January 2011
(ACS2011-ICS-ESD-0003).
Agriculture and Rural Affairs Committee /
Comité de l’agriculture et des affaires rurales
and Council / et au conseil
13 January 2011 / le 13 janvier 2011
Submitted
by / Soumis par: Nancy Schepers, Deputy
City Manager / Directrice municipale adjointe; Infrastructure Services and Community Sustainability /
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Ref N°: ACS2011-ICS-ESD-0003 |
That the Agriculture
and Rural Affairs Committee and Council receive this report for information.
Que le Comité de
l’agriculture et des affaires rurales et le Conseil prenne connaissance de ce
rapport.
The purpose of this report is to provide the members of the Agriculture and Rural Affairs Committee (ARAC) with information on the status of the Dowdall Municipal Drainage in advance of the meeting of ARAC on 3 February 2011.
The Dowdall Municipal Drain and Morold Municipal Drain 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.
The Dowdall Municipal Drain provisional By-law received 1st and 2nd reading at Council on 24 February 2010.
The Court of Revision was held before ARAC on 25 March 2010 and the decision was as follows:
THURSDAY, 25 MARCH 2010
DOWDALL MUNICIPAL DRAIN COURT OF REVISION
Commission de rÉvision
de drainage municipal DOWDALL
ACS2010-ICS-ESD-0013 RIDEAU-GOULBOURN (21)
The Court of Revision having
considered the appeal filed by the Heron Lake Estates owners and having
reviewed the Engineering Report and having considered all the evidence finds
that the lands owned by the Heron Lake Estates residents have been assessed too
high.
It is the decision of the Court
of Revision that the Special Benefits assigned to the owners shall be reduced
from $58,122.86 to $40,055.49, which has been determined by
reducing the percentage of the construction applied to the Heron Lakes Special
Benefit from 21 per cent to 16 per cent (from $41, 977.32 to $31,982.72),
reducing the percentage of Engineering/Fisheries Studies and Administration
from 10 per cent to 5 per cent (from $14,160 to $7080) and reducing the
percentage of other costs from 10 per cent to 5 per cent (from $1985.54 to
$992.77).
The Court of Revision further finds that the amount of the reduction
shall be levied against the City of Ottawa Benefit (for Section1), which will
increase the City’s costs in terms of construction from 75 per cent to 80 per
cent (from $149,919 to $159.913.60), increase the City’s portion of the
Engineering/Fisheries Studies/Administration from 80 per cent to 85 per cent
($113,280 to $120,360), and the City’s portion of other costs from 80 per cent
to 85 per cent ($15,884.28 to $16,877.05).
Pursuant to Section 53 of the
Drainage Act the Court of Revision shall adjourn the Hearing of the Appeal
until April 22, following the ARAC Meeting in the Champlain Room at 10 a.m. to
enable the Clerk to notify the City that its Lands are to be affected and of
the date to which the Hearing is adjourned and at the adjourned date the Court
shall dispose of the Appeal and redistribute the Assessments.
Court of Revision stands
adjourned until April 22, 2010.
The Court of Revision reconvened before ARAC on 22 April 2010 and the decision was as follows:
THURSDAY, 22 APRIL 2010
DOWDALL MUNICIPAL
DRAIN COURT OF REVISION - STATUS
Commission de rÉvision
de drainage municipal DOWDALL - État d’avancement
ACS2010-CMR-CCB-0040 RIDEAU-GOULBOURN
(21)
The Court of Revision
reconvened on April 22, 2010 to consider submissions from the City with respect
to its intended redistribution of assessments.
Having considered these submissions and having considered the appeals
filed by the Heron Lake Estates owners and having reviewed the Engineering
Report and having considered all the evidence finds that the lands owned by
Heron Lake Estates residents have been assessed too high.
It
is the decision of the Court of Revision that the Special Benefits assigned to
the owners shall be reduced from $58,122.86 to $40,055.49, which has been
determined by reducing the percentage of the construction applied to the Heron
Lakes Special Benefit from 21 per cent to 16 per cent (from $41, 977.32 to
$31,982.72), reducing the percentage of Engineering/Fisheries Studies and
Administration from 10 per cent to 5 per cent (from $14,160 to $7080) and
reducing the percentage of other costs from 10 per cent to 5 per cent (from
$1985.54 to $992.77).
The Court of Revision further finds that the
amount of the reduction shall be levied against the City of Ottawa Benefit (for
Section1), which will increase the City’s costs in terms of construction from
75 per cent to 80 per cent (from $149,919 to $159.913.60), increase the City’s
portion of the Engineering/Fisheries Studies/Administration from 80 per cent to
85 per cent ($113,280 to $120,360), and the City’s portion of other costs from 80
per cent to 85 per cent ($15,884.28 to $16,877.05).
The Court of Revision has also considered the
appeals filed by Bob Anderson and Bruce Chrustie and has reviewed their letter
of March 16, 2010 and considered the submissions made by Mr. Chrustie. The Court finds that, except for the
adjustment relating to the Heron Lake Estates owners, the allocations of the
costs as determined by the Drainage Engineer is appropriate. The appeals of Mr. Anderson and Mr. Chrustie
are therefore dismissed.
CARRIED
The decision of the Court of Revision was appealed to the Ontario Drainage Tribunal and a hearing was held on 24 August 2010. The decision of the Ontario Drainage Tribunal, rendered on 31 August 2010, upheld the decision of the Court of Revision.
As a result of the decisions of the Court of Revision and Ontario Drainage Tribunal the assessments on the Dowdall Municipal Drain have been altered and these changes are now reflected in the Dowdall Municipal Drain By-law, attached, which will be proceeding to Council on 9 March 2011 for third and final reading.
Accordingly, this
report is being presented to Committee and Council for information.
According to its Terms of Reference, the Agriculture and Rural Affairs Committee is the Court of Revision for the Purposes of the Drainage Act. According to Section 52(1) of the Drainage Act:
Any owner of
land assessed for the drainage works who complains that any land or road has
been assessed too high or too low or that any land or road that should have
been assessed has not been assessed, or that due consideration has not been
given as to type of use of land, may personally, or by agent, appeal to the court
of revision by giving notice in writing to the clerk of the initiating
municipality setting out the grounds of the appeal, and the appeal shall be
heard by the court of revision.
Thus, the purpose of the Court of Revision for this sitting is to hear appeals from landowners affected by the proposed construction and future maintenance of the Dowdall Municipal Drain. Those appeals, if any, concern the Engineer’s Report, which was prepared in accordance with the Act and which was adopted by Council on 24 February 2010, after Council gave first and second reading to the “Dowdall Municipal Drain By-law, 2010” (“provisional By-law”).
RURAL IMPLICATIONS
The Dowdall Municipal Drain will continue to provide outlet for surrounding rural roads and lands and its status under the Drainage Act will allow for the provision of future maintenance, as required, by the municipality.
This report is administrative in nature and
therefore no consultation was required.
COMMENTS BY THE WARD COUNCILLOR
The Councillor for Ward 21 is
aware of this report and the proposed drainage works.
LEGAL/RISK MANAGEMENT IMPLICATION
As the purpose of this report is to provide background information on the mandatory changes to the provisional by-law that received 1st and 2nd readings at Council on February 24, 2010, there are no legal or risk management implications inherent in the by-law, of the form of Document 2 attached to this report, receiving 3rd reading. The changes are mandatory as result the court orders described in this report.
CITY STRATEGIC PLAN
These works will fulfill the City’s 2007 – 2010 Strategic Plan service delivery goals by improving drainage in the area, and managing infrastructure in a cost effective and efficient manner.
TECHNICAL IMPLICATION
There are o technical implications.
The estimated total cost of the Drainage works, including the Engineer's Report and associated studies, is $1,003,951.78. Of this, $134,088.85 is to be assessed to benefiting property owners within the City of Ottawa, $60,541.27 of which is being assessed to the Department of National Defence, $2,194.93 is to be assessed to the Township of Beckwith, and $367,668.00 to the City. Project costs have and will be paid initially by the City of Ottawa, Surface Water Management Branch, Environmental Services Department, and will be recovered through assessments to the benefiting landowners. Funds are available in the 2010 Approved Capital Budget in internal order 902960 Municipal Drains Improvements. The City’s share of $367,668.00 will be identified and included in the Environmental Services Department’s 2011 Draft Capital Budget. The replacement of road culverts within the drainage works is estimated at $500,000.00 and is to be paid directly by the Infrastructure Services Department and has been identified in the ISD 2011 Draft Capital Budget.
Document 1: Decision of the Ontario Drainage Tribunal – 31
August 2010
Document 2: Dowdall Municipal Drain By-law
The report is provided in response to the decisions
made through the Drainage Act
approval process by the Court of Revision and the Ontario Drainage Tribunal.
The Dowdall Municipal
Drain Report and provisional By-law rose to Council on 24 February 2010 for 1st
and 2nd reading.
Accordingly, this
report is presented to the Agriculture and Rural Affairs Committee in order that the Dowdall
Municipal Drain By-law may rise to Council on 09 March 2011 for third and final
reading pursuant to Sections 78(1) and 84 of the Drainage Act.
Document 1
Decision
of the Ontario Drainage Tribunal – 31 August 2010
Document 2
Dowdall Municipal Drain By-law
BY-LAW NO. 2011 -
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 Dowdall Municipal Drain was originally constructed under By-law Number 3969 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 Morold 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 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 a Drainage 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 was prepared by Robinson Consultants Inc.;
AND WHEREAS a “Meeting to Consider” the Drainage Engineer’s April 2009 report was held on June 11, 2009 at the meeting of the City of Ottawa’s Agriculture and Rural Affairs Committee. On June 24, 2009, in accordance with section 57 of the Drainage Act, the Council of the City of Ottawa approved the June 11, 2009 recommendation of the Agriculture and Rural Affairs Committee and referred the April 2009 report to the Drainage Engineer for further analysis in order to establish and reduce works down to what is absolutely required in order to reduce costs;
AND WHEREAS the Drainage Engineer, Robinson Consultants Inc., prepared revisions to the April 2009 and a second information meeting was held with landowners on November 19, 2009 to review the details and information in the revised Engineer’s Report and a third meeting was held with the executive of the Heron lakes Community Association on December 15, 2009 to listen to concerns and to provide explanations of assessment considerations in the revised Engineer’s Report and to address technical questions;
AND WHEREAS on December 17, 2009 the Drainage Engineer, Robinson Consultants Inc., issued a revised report entitled Engineer’s Report, Dowdall Municipal Drain, Modifications and Improvements, Goulbourn Ward and Township of Beckwith dated December 2009 (the “Engineer’s Report dated December 2009”) and the report 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, in the 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 $503,951.78, as per Table 9.1 on page 29 of the Engineer’s Report dated December 2009, the April 22, 2010 decision of the Court of Revision and the August 31, 2010 decision of the Agriculture, Food and Rural Affairs Appeal Tribunal;
AND WHEREAS $367,668.00 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 dated December 2009, the April 22, 2010 decision of the Court of Revision and the August 31, 2010 decision of the Agriculture, Food and Rural Affairs Appeal Tribunal;
AND WHEREAS the $134,088.85 of the construction of the drainage works is to be charged to the landowners within the City of Ottawa in the drainage basin in accordance with Schedule A Summary Schedule of Assessment, and Schedule H Schedule of Contributors to Block A (Heron Lake Estates Subdivision) in the Engineer’s Report dated December 2009, the April 22, 2010 decision of the Court of Revision and the August 31, 2010 decision of the Agriculture, Food and Rural Affairs Appeal Tribunal;
AND WHEREAS the $2,194.93 of the construction of the drainage works is to be charged to the Township of Beckwith in the drainage basin in accordance with Schedule A Summary Schedule of Assessment, and Schedule H Schedule of Contributors to Block A (Heron Lake Estates Subdivision) in the Engineer’s Report dated December 2009, the April 22, 2010 decision of the Court of Revision and the August 31, 2010 decision of the Agriculture, Food and Rural Affairs Appeal Tribunal;
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 1st and 2nd reading on February 24, 2010 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 December 2009 and filed with the City Clerk (the “Engineer’s Report dated December 2009”), 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 $503,951.78 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,
(c) money paid under Subsection 61(3) of the Drainage Act, and
(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 $367,668.00 to be charged to the City of Ottawa for the construction of the drainage works, the sum of $364,986.80 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 dated December 2009, the April 22, 2010 decision of the Court of Revision and the August 31, 2010 decision of the Agriculture, Food and Rural Affairs Appeal Tribunal.
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 2010”.
ENACTED AND PASSED this 9th day of March, 2011
CITY CLERK MAYOR
BY-LAW NO. 2011 -
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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.
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1st Reading….…….…… February 24, 2010
2nd Reading……….…… February 24, 2010
3rd Reading………….… March 9, 2011
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Enacted by City Council at its
meeting of
March 9, 2011.
LEGAL SERVICES CLC/
COUNCIL AUTHORITY:
The Drainage Act, sections 42, 45, 57,
74, 78 and 84
City Council March 9, 2005,
ARAC Report 8, Item 4
City Council January 27, 2010,
ARAC Report 49, Item1
City Council February 24, 2010
ARAC Report 49, Item1 and ARAC Report 50, Item
7
Court of Revision April 22,
2010 decision Agriculture, Food and Rural Affairs Appeal Tribunal August 31,
2010 decision