Report to / Rapport au :
Council / Conseil municipal
31 October 2007 / le 31 octobre 2007
Submitted by / Soumis par : Agriculture and Rural
Affairs Committee / Comité de l’agriculture et des questions rurales
|
City Wide / À l'échelle de la Ville |
Ref N°:
ACS2007-CCS-ARA-0002 |
SUBJECT: MUNICIPAL DRAINS
OBJET : DRAINS
MUNICIPAUX
That
Council:
1. Direct staff to contact and issue a request to the relevant Conservation Authorities, provincial and federal agencies, to provide representation with a decision making capacity, at a meeting to be organized by the City’s Public Works Department to clarify their roles, responsibilities and legislative authority with respect to municipal drainage.
2. Approve
that a copy of this motion be circulated to members of AMO, ROMA, and elected
representatives within the Rideau Valley, Mississippi Valley and South Nation
watersheds, and the Ministers of the relevant agencies to ensure their
awareness and solicit their support for this initiative.
Que le Conseil :
1.
Donne
instruction au personnel de communiquer avec les offices de protection de la
nature et les organismes provinciaux et fédéraux concernés afin de leur
demander de déléguer des décideurs à une réunion devant être organisée par le
Service des travaux publics de la Ville afin de clarifier les rôles,
responsabilités et pouvoirs législatifs de ces organismes relativement au
drainage municipal.
2. Approuve l’envoi d’une copie de la présente motion aux
membres de l’AMO et de la ROMA, aux élus des secteurs des bassins versants des
rivières Rideau, Mississippi et Nation-Sud ainsi qu’aux ministres responsables
des organismes concernés, afin de les sensibiliser et de solliciter leur appui
à cette initiative.
At its meeting of 25 October 2007, the Agriculture and Rural Affairs Committee, during its Open Mike session, heard from several concerned residents with respect to issues about municipal drainage. After considering the comments of those speaking to the issue, Councillor Brooks put forth the following motion, which was approved by the committee:
Whereas, there have been numerous concerns from farmers, rural residents
and our Public Works Department on the implementation of the Fisheries Act with
respect to municipal drains,
And whereas there
is a need for clarification over roles, responsibilities and legislative
authority of our Public Works and Services Department, local Conservation
Authorities, Ontario Ministry of Agriculture and Food, Ontario Ministry of
Natural Resources, Federal Department of Fisheries and Oceans, Environment
Canada
THEREFORE, BE IT
RESOLVED that, the Agriculture and Rural Affairs Committee recommend Council
direct staff to contact and issue a request to the relevant Conservation
Authorities, provincial and federal agencies, to provide representation with a
decision making capacity, at a meeting to be organized by the City’s Public
Works Department to clarify their roles, responsibilities and legislative
authority with respect to municipal drainage.
BE IT FURTHER RESOLVED that a copy of this
motion be circulated to members of AMO, ROMA, and elected representatives
within the Rideau Valley, Mississippi Valley and South Nation watersheds, and
the Ministers of the relevant agencies to ensure their awareness and solicit their
support for this initiative.
CONSULTATION
Public
Works and Services staff recognize the concerns being expressed and are
supportive of the motion. Initial
contact with senior government officials has confirmed that there are several
initiatives underway to address the issues. For this reason, staff
recommends that the meeting to be organized by the City's Public Works and
Services department be scheduled to follow the province wide
consultation between the regulatory parties on this matter so as to build a
solution appropriate to the needs and requirements of residents within the
City of Ottawa.
FINANCIAL
IMPLICATIONS
There are
no financial implications arising from this report.
N/A
Staff to take appropriate action as directed by Council. City Clerk’s branch circulate motion to members of AMO, ROMA, and elected representatives within the Rideau Valley, Mississippi Valley and South Nation watersheds, and the Ministers of the relevant agencies to ensure their awareness and solicit their support for this initiative, if so approved by Council.
«OPEN MIKE» SESSION
A delegation of landowners addressed the committee on the issue of municipal drains and their concerns over the roles and responsibilities of the Federal Department of Fisheries and Oceans, the Ontario Ministry of Natural Resources, the Conservation Authorities and the City of Ottawa.
Mr. Bob McKinley, Vice-President of the Rural Council of Ottawa-Carleton stated that at its last board meeting the Rural Council passed a motion dealing with the very serious issue of drainage in the rural community and the enforcement tactics being used by the Department of Fisheries and Oceans and the local Conservation Authorities. He went on to say that the City of Ottawa has to play a role on this issue and assert its position in protecting municipal jurisdiction on drainage, as set out in the Drainage Act, Section 6 (1).
He stated that farmers were being served warrants on their properties by police in flack jackets for maintaining drains that are being seen as possible fish habitats by DFO (Department of Fisheries and Oceans) and the CA’s (Conservation Authorities). He feels that the City needs to take a common decision and he noted that options are being worked on that will be presented to the City in the near future with regards to actions that could be taken. He stated that this is also an urban issue, not just a rural one.
In response to Councillor El-Chantiry’s question on what other municipalities are doing, Mr. McKinley stated that City Staff will come up with recommendations on what can be done and what actions are being taken by municipalities across the province but that the problems seem to be more severe in Eastern Ontario.
Ms. Tammy Hart, Councillor in South Stormont Township stated that in her own municipality, drainage issues that should take no more than two to three weeks for permission to clear ditches are taking up to a year or more. She gave an example of one farmer in her area that was served a warrant by officials who were accompanied by police with guns. She went on to say that many townships are facing the same problems and she feels that this is bureaucracy out of control.
Ms. Hart emphasized that farmers are more than aware of the importance of fish habitats and conservation but that reason must also prevail. She stated that there has been a great deal of inconsistencies in the enforcement and regulations regarding ditches and drainage, which could be caused by confusion due to the numerous acts and information that must be deciphered. She felt it very important that all municipalities deal with this issue with one voice.
She explained that, faced with these problems, the South Stormont Township Council passed the following motion on July 11, 2007:
Resolution #209/2007
Whereas the Department of Fisheries and Oceans review and approval
for drain maintenance has proven to be a lengthy process;
And Whereas re-application of previously approved works, which may
not have been completed due to a relatively short and inflexible
construction/maintenance season, or other circumstances beyond the control of
the municipality, are subject to the standard application with apparently no
reduction in turn around time of the issues previously addressed in the
original application;
And Whereas the cost of implementing the conditions for approving
the drain maintenance is an added cost passed on to those assessed for the
drainage works. These works include
many costly requirements, which are not provided for in the provincially
approved Engineers’ Report passed by municipal by-law;
And Whereas errors and inconsistencies in the drainage mapping, used
for drain classification by the Department of Fisheries and Oceans could result
in delays and increased additional costs;
Now
therefore be it resolved that Council of the Township of South Stormont hereby
petitions the Department of Fisheries and Oceans to review and shorten the
timeframe required for approval of drainage maintenance requests to allow for a
more flexible and reasonable construction/maintenance season especially where
weather conditions warrant an extended season and, provide federal funding for
increased costs for those expenses incurred over and above those provided for
within the approved Engineers’ Report.
Furthermore be it resolved that this motion be forwarded to
Fisheries and Oceans Canada, Association of Municipalities of Ontario, Minister
of Municipal Affairs and Housing, Minister of Agriculture, Food and Rural
Affairs, Minister of Natural Resources, local Conservation Authorities, local
MPs and MPPs, Eastern Ontario Warden’s Caucus, all Ontario municipalities and
any other individual or association as deemed appropriate.
Councillor El-Chantiry thanked the visiting Councillor for her presentation and requested that the South Stormont Township motion appear in the minutes. The Committee concurred and endorsed the aforementioned motion.
Councillor Thompson also thanked Ms. Hart and inquired if the Conservation Authorities have been helpful at all with this issue. Ms. Hart stated that they have not been helpful at all, and have in fact been a possible hindrance. The Councillor also inquired if the motion passed by her Council had been sent to ROMA (Rural Ontario Municipalities Association). Ms. Hart was not sure but thought that it had been. Councillor Thompson requested that she verify and if it had not to please send it so that it can be reviewed by ROMA.
Mr. Richard Fraser, Chair of the Rural Issues Advisory Committee (RIAC) advised the Committee that following a discussion at RIAC’s August meeting on municipal drainage, a request was made that a representative from the Conservation Authority make a presentation at a the joint meeting of RIAC and the Ottawa Forests and Greenspace Advisory Committee (OFGAC) in September. It was to have been the General Manager but a subordinate official was sent instead. The presentation given was not as informative as wanted.
Mr. Fraser stated that many farmers have to pay for the environmental assessments requested by DFO and the Conservation Authorities (CAs) and this is very unfair and unwarranted. He stated that, in his view, the biggest obstacle is not necessarily the DFO but the CAs.
With regards to the Foster Municipal Drain, Mr. Fraser stated that it was now filled with sediment and he asked if the City was responsible for maintaining this drain. Mr. Rob Phillips, Program Manager, Infrastructure Approvals, advised that it is now abandoned but still part of the City infrastructure. He agreed to verify and get back to Mr. Fraser.
According to Mr. Fraser the current state of the Drain (now a pond) was a result of an illegal damn built by the former City of Nepean, which has amounted to what is considered a fish habitat.
Mr. Bruce Webster stated that there are two issues at stake here, one being the maintenance of existing drains and the second being the construction of new drains. The most contentious, he said, is the maintenance aspect and he felt that farmers are in the right on this issue and the City of Ottawa should be assisting in this fight.
Mr. Terry Hale stated that in June of 2006 a motion was passed by the Agriculture and Rural Affairs Committee that an engineers report on Upper Flowing Creek in (then) Goulbourn Ward be done “expeditiously”. However, more than two years later no report has yet to be seen. It is his understanding that the hold-up for this report is being caused by the Conservation Authority. He wondered, since the comment period is supposed to be just 30 days, if there is any way the report can be accelerated.
Councillor El-Chantiry inquired as to what the status was of this study, since he, himself had moved the motion on June 22, 2006.
Councillor Brooks stated that he had brought the issue before the Conservation Authority, who responded to him by stating that they were awaiting a fish habitat study, which has now been completed.
Mr. Mike Westley stated that most of his concerns had been voiced by the previous speakers but reiterated that the Upper Flowing Creek study had taken far too long and that it should be flowing.
Mr. Jack MacLaren, representing the Ontario Landowners Association as well as the Carleton Landowners Association advised the Committee that various people had met with Member of Parliament Pierre Polievre, the drainage superintendent, and officials of the DFO on the issue of municipal drains and problems being faced by a wide range of landowners. City staff who were present sided with the landowners, stating their concern that the Conservation Authorities are going beyond their authority, as set out in the Drainage Act in Section 6 (1). He went on to say that there appears to be a lack of respect on the part of DFO and a fair amount of bullying by their officials. In one instance, he explained, they were asked to come on-site to explain their actions but refused and were very intimidating. Rather, a biologist with DFO came to examine the site and stated that there was no issue, that there was no fish habitat. Mr. MacLaren stated that the steps taken to get to that statement were extensive and totally unnecessary and unreasonable. He feels that it centres on a culture of attitude on the part of the DFO officials, especially those in the field, which needs to change if any resolution is to take place.
ADDITIONAL ITEM
ARTICLES SUPPLÉMENTAIRES
4. MUNICIPAL DRAINS
Moved by Councillor D.
Thompson
That in accordance
with Section 84(3) of By-law No. 2006 - 462, the rules of procedure be
suspended to allow the addition of the following item to the agenda for
consideration: Municipal Drains
CARRIED
In
light of the Committee’s discussions on municipal drainage issues with the
delegations present, Councillor Brooks raised the following motion.
Moved
by Councillor G. Brooks:
Whereas,
there have been numerous concerns from farmers, rural residents and our Public
Works Department on the implementation of the Fisheries Act with respect to
municipal drains,
And whereas
there is a need for clarification over roles, responsibilities and legislative
authority of our Public Works and Services Department, local Conservation
Authorities, Ontario Ministry of Agriculture and Food, Ontario Ministry of
Natural Resources, Federal Department of Fisheries and Oceans, Environment
Canada
THEREFORE, BE IT RESOLVED that, the Agriculture
and Rural Affairs Committee recommend Council direct staff to contact and issue
a request to the relevant Conservation Authorities, provincial and federal
agencies, to provide representation with a decision making capacity, at a
meeting to be organized by the City’s Public Works Department to clarify their
roles, responsibilities and legislative authority with respect to municipal
drainage.
BE IT FURTHER RESOLVED that a copy of this motion be circulated to
members of AMO, ROMA, and elected representatives within the Rideau Valley,
Mississippi Valley and South Nation watersheds, and the Ministers of the
relevant agencies to ensure their awareness and solicit their support for this
initiative.
CARRIED
The aforementioned motion will be considered by Council on November 14, 2007.