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7. CONSERVATION AGREEMENT WITH DUCKS UNLIMITED CANADA TO
PROTECT WETLANDS IN THE MARLBOROUGH FOREST ENTENTE DE CONSERVATION CONCLUE AVEC CANARDS ILLIMITÉS CANADA POUR LA
PROTECTION DES TERRES HUMIDES DE LA FORÊT MARLBOROUGH |
Committee RecommendationS
That Council approve:
1.
A
25-year conservation agreement from 1 September 2007 to 31 March 2032 between
the City of Ottawa and Ducks Unlimited Canada’s (DUC) to maintain the existing
waterfowl projects on 4,300 hectares of significant wetlands in the Marlborough
Forest as identified in Document 1 of this report;
2. As part of
the City of Ottawa’s contribution to the maintenance and management of the
project, the City will provide ten (10) annual payments of $5,000 from 2007 to
2016 for a total contribution of $50,000 which can be
accommodated within Surface Operations’ annual Community Forests operating
budget.
RecommandationS du comité
Que
le Conseil approuve :
1.
Une entente de
conservation d’une durée de 25 ans (du 1er septembre 2007 au 31 mars
2032) conclue par la Ville d’Ottawa et Canards Illimités Canada pour des
projets de gestion des oiseaux aquatiques visant 4 300 hectares de terres
humides importantes situées dans la Forêt Marlborough, qui sont décrits dans le
document 1 du présent rapport;
2.
En
tant que contribution au maintien et à la gestion du projet, la Ville d’Ottawa
effectuera dix (10) paiements annuels de 5 000 $ de 2007 à 2016, soit
une contribution totale de 50 000 $, qui pourra être financée à même
le budget annuel de la Direction des opérations de surface pour les forêts
communautaires.
Documentation
1. Deputy
City Manager, Public Works and Services report dated 19 June 2007
(ACS2007-PWS-SOP-0004).
Report to/Rapport au :
and Council / et au Conseil
19 June 2007 / le 19 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:
613-580-2424, ext./poste 21110,
John.Manconi@ottawa.ca
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Rideau-Goulbourn (21) |
REPORT RECOMMENDATIONS
That
Agriculture and Rural Affairs Committee recommend Council approve:
1. A 25-year conservation
agreement from 1 September 2007 to 31 March 2032 between the City of Ottawa and
Ducks Unlimited Canada’s (DUC) to maintain the existing waterfowl projects on
4,300 hectares of significant wetlands in the Marlborough Forest as identified
in Document 1 of this report;
2. As part of the City of Ottawa’s contribution to the maintenance and management of the project, the City will provide ten (10) annual payments of $5,000 from 2007 to 2016 for a total contribution of $50,000 which can be accommodated within Surface Operations’ annual Community Forests operating budget.
RECOMMANDATIONS
DU RAPPORT
Que le Comité de l’agriculture et
des questions rurales recommande au Conseil d’approuver :
1. Une entente
de conservation d’une durée de 25 ans (du 1er septembre 2007 au 31
mars 2032) conclue par la Ville d’Ottawa et Canards Illimités Canada pour des
projets de gestion des oiseaux
aquatiques visant 4 300 hectares de terres humides importantes situées
dans la Forêt Marlborough, qui sont décrits dans le document 1 du présent
rapport;
2.
En
tant que contribution au maintien et à la gestion du projet, la Ville d’Ottawa
effectuera dix (10) paiements annuels de 5 000 $ de 2007 à 2016, soit
une contribution totale de 50 000 $, qui pourra être financée à même
le budget annuel de la Direction des opérations de surface pour les forêts
communautaires.
BACKGROUND
Marlborough Forest is a diverse ecosystem of over 9300 hectares (ha) of
wetlands, wildlife fields, natural forests and plantations. Due to its diversity and ecological
functions, it is one of the most environmentally significant natural areas in the City of Ottawa.
Of the 9300 ha, approximately 4300 ha of the forest consists of wetlands, most of which are designated as
provincially significant, which the City, through the Official Plan and the
Marlborough Forest Management Plan, is committed to maintain and protect. These wetlands serve as valuable water
catchments and storage areas and provide unique habitats for a variety of flora
and fauna.
One
of the objectives of the Marlborough Forest Resource Management Plan, which is
managed by the Forestry Services Division, is “to protect and maintain wetlands
within the forest for their role in regional water storage and preservation of
the unique habitats they represent”.
This objective is complimented by the mission of Ducks Unlimited Canada
(DUC), which is “to conserve,
restore and manage wetlands and associated habitats for North America's
waterfowl which also benefit other wildlife and people”.
In 1983, the former Region of Ottawa-Carleton entered into a 21-year Conservation Agreement with DUC and the Ontario Ministry of Natural Resources (OMNR) to manage 7 projects totaling 405 ha at a total capital cost of $575,000. Although this agreement expired in 2004, DUC has continued to work with City staff in the management of these sites.
DISCUSSION
DUC created these 7 water control projects with the intent to improve habitat for various waterfowl as well as benefiting other water dependent birds and mammals through the creation of open water ponds. The waterfowl projects were engineered with water levels being controlled by earthen dams and cement weirs containing flow control devices. Management and maintenance of the ponds included partial drainage every 7 to 10 years depending upon the results of biannual surveys. Water levels and amounts remained relatively constant over the term of the agreement at levels originally agreed upon by the former Regional Municipality of Ottawa Carleton, adjacent private landowners and the Ministry of Natural Resources. It is anticipated that the same levels will be maintained in future years.
In addition to the city-owned lands, approximately 100 ha found
within 2 of these water control projects are situated on adjacent private
properties. These portions of the ponds
are managed by DUC under separate conservation agreements with the affected
landowners. There are 2 landowners that
have had such agreements with DUC in the past.
Through this new initiative DUC has secured a valid agreement with one
of the landowners. The other property
has been recently sold and DUC has spoken to the new landowner who has
expressed a desire to continue with the DUC project although the terms of this
agreement are not yet finalized.
In
addition to continuing the maintenance of the existing waterfowl projects, DUC
proposes to install interpretive signage as well as install multiple nesting
boxes throughout the wetlands. The
majority of these improvements will occur over the first 10 years of the
agreement. In addition, approximately
$150,000 of capital improvements is envisioned for implementation during the
latter part of the agreement as sufficient funds become available from the
various conservation partners. To date
DUC has collected almost $100,000 towards this goal.
This Conservation Partnership is consistent with policies
pertaining to wetlands protection as set out in the City of Ottawa’s Official
Plan. As well, during the 2005 Rural
Summit, the City made a commitment to develop initiatives related to wetlands
protection.
Approximately 100 of
the 405 ha of DUC’s water control projects are situated on private
property. These portions of the ponds
are managed by DUC under separate conservation agreements between DUC and the
landowner. There are 2 landowners that
have had such an agreements with DUC for a period of 25 years. A new agreement has been procured with one
of the landowners. The other property
has been recently sold and DUC has spoken to the new landowner who has
expressed a desire to continue with the DUC project although the terms of this
agreement are not yet finalized.
FINANCIAL IMPLICATIONS
The
costs associated with the recommendations in this report can be accommodated
within the existing Community Forests operating budget.
Any capital
improvements that are identified during the term of the conservation agreement
will be funded primarily through private funding sources. Any City requirements that are identified
will be included as part of the Department’s LRFP submissions and be the
subject of review as part of Council’s future budget deliberations.
SUPPORTING DOCUMENTATION
Document 1 - A 25-year conservation agreement between the City of Ottawa and Ducks Unlimited Canada’s (DUC) to maintain waterfowl projects in significant wetlands in the Marlborough Forest
CONSULTATION
The
City is exercising its authority to protect municipal assets and, as such,
there is no statutory requirement to provide public notice. However, a notice advertising the date and
time of the meetings at which the Agriculture and Rural Affairs Committee would
consider the proposed conservation agreement did appear in the Citizen, Le Droit
and the Sun five (5) business days in advance of the meetings, in accordance
with City policy.
Planning Transit and Environment
(Planning, Environment, Infrastructure and Policy Branch), Corporate Services
(Real Property Asset Management Branch), the Ottawa Forests and Greenspace
Advisory Committee and the Rural Issues Advisory Committee provided input on
the proposal submitted by DUC and their comments have been incorporated into
this report.
DISPOSITION
Following Council approval, the Public Works and Services
Department will request that the Real Property and Asset Management Branch
finalize the Conservation Agreement between The City of Ottawa and DUC
including a review of the document by Legal Services.
Following Council approval the requirements to implement the Conservation Agreement will be identified as part of the Forestry Services Division’s Community forest operating budget.
DOCUMENT 1
This Agreement made in duplicate this ____ day of ______ 2007
BETWEEN:
CITY OF OTTAWA
(Hereinafter referred to as the “City”)
AND:
(Hereinafter referred to as “DUC”)
WHEREAS the City is a major landowner of all the Lands lying in the area commonly known as the Marlborough Forest (hereinafter referred to as the “Forest”), hatched on a plan marked Schedule “A” attached hereto;
AND WHEREAS DUC is a Corporation with an office at 614 Norris Court, Unit #1, Kingston, ON, K7P 2R9, and was party to several agreements in the 1980’s with the former Regional Municipality of Ottawa-Carleton, now City of Ottawa, to maintain and conserve wetland water management projects within the Forest;
AND WHEREAS the City and DUC agree to work together to continue to maintain and conserve the Forest as a habitat for wildlife and waterfowl through a wetland water management project (hereinafter referred to as the “Project”), the goals of which are further described in Schedule “B” attached hereto;
NOW THEREFORE in
consideration for the sum of One Dollar ($1.00), the receipt of which is hereby
acknowledged by both parties, and for other good and valuable consideration,
the City and DUC agree as follows:
1. TERM
The term for this is Agreement is for twenty-five (25) years, to be computed from 01 September 2007 to 31 March 2032 inclusive, and hereinafter will be referred to as the “Term”.
2. DUC COVENANTS
DUC covenants with the City as follows:
a) To obtain, at its own expense, all necessary legal permits, approvals and agreements to implement all aspects of the Project;
b) To provide up to 50 cavity nest boxes as well as technical advice with regards to installation and maintenance of said boxes for the benefit of cavity nesting waterfowl and other wildlife;
c) To provide technical advice with regards to beaver populations for the purposes of maintaining beaver pond habitat;
d) To repair and refurbish all dykes and water control structures as they pertain to the Project by bringing no more than (tbd) of water onto the land as shown on plan (No. X), attached hereto as Schedule “C”. It is understood and agreed that water levels will be no higher than those levels currently managed in the Forest;
e) To operate, manage and maintain all water management projects within the Forest as outlined in plan (No. X), attached hereto as Schedule “D”;
f) To hereby indemnify and save harmless the City from all damages, actions or causes of action that may arise through its use of the land pursuant to this Agreement, whether such damages or actions are attributable either directly or indirectly to the acts or omissions of DUC or its agents, servants, and workmen provided, however, that any negligent acts on the part of the City or its agents, servants and workmen will not be compensated by DUC.
2. CITY COVENANTS
The City covenants with DUC as follows:
a) To provide ten (10) annual payments of Five Thousand Dollars ($5,000.00) from 2007 to 2016 inclusive on or before the (dd) of (mm) of each year to DUC to aid in the maintenance and management of the Project;
b) The right to access and enter upon the Forest for the purposes of this Agreement.
3. MUTUAL COVENANTS
The City and DUC mutually agree to the following:
a) The establishment of an operations and management committee (the “Committee) to be comprised of at least one representative of each party, with each having equal representation. The Committee will meet when required and be responsible for the management of all aspects of the Project.
b) To recognize each party’s contributions, as well as the contributions of other partners through strategically positioned signage throughout the Forest, specifically within the Project area. All worded signage will be posted in both official languages, and will contain partner recognition as well as educational and interpretive messages about the Project and its benefits to the Forest.
c) To maintain, conserve and protect the additional 4,300 hectares of wetlands within the Forest as shown on Schedule “E” attached hereto
4. OPTION TO RENEW
5. NOTICE OF
TERMINATION
a) This Agreement shall continue in force for the Term unless terminated by either the City or DUC giving not less than one (1) calendar year’s notice in writing to the other party.
b) Notice pursuant to this Agreement may be given in writing to the City, directed by DUC to:
City
of Ottawa
Real
Estate Services Division, RPAM
5th
Floor, 110 Laurier Avenue West
Ottawa,
ON K1P 1J1 Mail Code: 01-86
Attention: Administrative Clerk, RECPA
Or to DUC, directed
by the City to:
Ducks Unlimited Canada
614 Norris Court, Unit #1
Kingston, ON K7P 2R9
Attention: Manager of Operations
IN
WITNESS WHEREOF the parties
hereto have duly attested by the hands of their authorized signing officers.
Signed, Sealed and Delivered:
) CITY OF OTTAWA
)
)
)
)
)
)
)
Witness ) Gordon MacNair, Manager
) Real Estate Services Division, RPAM
)
)
)
)
)
)
) DUCKS UNLIMITED CANADA
)
)
)
)
)
)
)
)
)