2. PADEN ROAD MUNICIPAL DRAIN

INSTALLATIONS MUNICIPALES DE DRAINAGE CHEMIN PADEN

Committee Recommendations

That Council adopt the Engineer's Report for the Paden Road 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.

Recommandations du comité

Que le Conseil municipal d’approuve le rapport de l’ingénieur concernant les installations municipales de drainage Paden Road 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.

Documentation

1. Deputy City Manager, Public Works and Services report dated 8 August 2008 (ACS2008-PWS-WWS-0018).

2. Extract of Draft Minute, 21 August 2008.

Report to / Rapport au:

Agriculture and Rural Affairs Committee

Comité de l’agriculture et des questions rurales

and Council / et au Conseil

8 August 2008 / le 8 août 2008

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: Dixon Weir, Director / Directeur

Water and Wastewater Services / Services de l’eau et des eaux usées

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

Rideau-Goulbourn (21)

Ref N°: ACS2008-PWS-WWS-0018

SUBJECT:	PADEN ROAD MUNICIPAL DRAIN

OBJET :	INSTALLATIONS MUNICIPALES DE DRAINAGE CHEMIN PADEN

REPORT RECOMMENDATION

That the Agriculture and Rural Affairs Committee recommend that Council adopt the Engineer's Report for the Paden Road 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 Paden Road 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 Paden Road Municipal Drain is located immediately south of Paden Road, east of Weedmark Road, in Rideau Ward.

The Paden Road Municipal Drain was initiated by petition under Section 4 of the Drainage Act, RSO, 1990, c.17. Robinson Consultants Inc. were subsequently appointed by Council on 12 October 2005, to prepare an Engineer’s Report.

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 Paden Road Municipal Drain.) In brief, the complete process includes:

· Council appointment of the Drainage Engineer (12 October 2005);

· Conduct an On-site Meeting with affected landowners to review the proposed modifications, (6 December 2005);

· Submission of the Engineer's Report to Clerk (20 May 2008);

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 B) presented in this report) (10 July 2008);

· Council approval of the Committee recommendation and first and second reading of the By-law (28 August 2008 - 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 (9 October 2008 - subject to appeal process);

· Third reading of the By-law at Council (22 October 2008);

· Construction of the drainage works (November/December 2008); 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.

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 and necessary approvals have been received.

RURAL IMPLICATIONS

Modifications to the Paden Road Municipal Drain will provide much needed outlet for this section of Paden Road and address flooding of the municipal road and surrounding properties. Affected landowners have been consulted.

CONSULTATION

The On-site Meeting, as required under the Drainage Act, was held on 6 December 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 received.

FINANCIAL IMPLICATIONS

The entire cost of the project, including the construction of some 1,640 metres of drainage works and the Engineer's Report, is approximately $137,929.24, of which $5,042.84 will be assessed to the City of Ottawa road authority, $6,907.72 will be assessed to individual properties owned by the City of Ottawa, $70,382.54 will be assessed to the City of Ottawa as special benefit assessment and an additional $20,625.00 will be assessed to the City of Ottawa road authority as special benefit assessment. The remaining $34,971.14 will be assessed to individual landowners in the percentages predetermined by the Engineers Report. The estimated cost of the Engineer's Report and associated contract administration and construction inspection is $82,500.00.

Project costs will be paid initially by the City and recovered through provincial grants and assessments to the benefiting landowners, including the City of Ottawa for the benefit to Paden Road. Funds are available in the 2008 Approved Capital Budget in internal order 902960 Municipal Drains Improvements.

SUPPORTING DOCUMENTATION

Attachment A - Paden Road Municipal Drain Site Plan

Attachment B - Paden Road 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 Clerk will notify all assessed landowners of the date of the Court of Revision.

ATTACHMENT A

Paden Road Municipal Drain Site Plan

ATTACHMENT B

Paden Road Municipal Drain By-law

BY-LAW NO. 2008 -

A by-law of the City of Ottawa to provide for drainage works in the City of Ottawa to be known as the Paden Road Municipal Drain.

WHEREAS the Road Superintendent for the City of Ottawa has petitioned the Council of the City of Ottawa in accordance with the provisions of Section 4 of the Drainage Act, R.S.O. 1990, c. D.17 (the “Drainage Act”) requesting that the following lands and roads be drained by a drainage works: City of Ottawa, formerly the geographic Township of Marlborough, Rideau Ward, more specifically Lots 14, 15, 16, 17, 18, 19 and 20 Concession 1, Lots 14, 15, 16, 17, 18 and 19 Concession 2, Paden Road, Weedmark Road and Settler’s Way;

AND WHEREAS the said lands to be drained are subject to an award ditch, known as the Marlborough Drain, which was constructed by report of an Engineer dated October 31, 1887, under The Ditches and Watercourses Act of 1883 (now R.S.O. 1960, c. 109);

AND WHEREAS subsection 3(18) of the Drainage Act provides that every ditch constructed under The Ditches and Watercourses Act shall be maintained in accordance with the award of the engineer providing for such maintenance until such ditch is brought under the provisions of the Drainage Act by way of petition as set out in Section 4 of the Drainage Act, and accordingly the award ditch known as the Marlborough Drain shall be known as the Paden Road Municipal Drain upon enactment and passage of this by-law and shall be maintained in accordance with the provisions of the Drainage Act;

AND WHEREAS the Council of the City of Ottawa has procured an engineer’s report pursuant to Section 8 of the Drainage Act, R.S.O. 1990, c. D.17 and the report dated May 2008 prepared by Robinson Consultants Inc., Consulting Engineers is on file with the City Clerk;

AND WHEREAS the total estimated cost associated with the construction, engineering, contract administration, allowances, report and contingencies of the drainage works is $137,929.24, as per Schedule B, Schedule of Assessment for Construction and Future Maintenance, of the Robinson Consultants Inc., Consulting Engineers Report dated May 2008;

AND WHEREAS $102,958.10 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 Robinson Consultants Inc., Consulting Engineers Report dated May 2008;

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 Robinson Consultants Inc., Consulting Engineers Report dated May 2008;

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

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

1. The report entitled Engineer’s Report, Paden Road Municipal Drain, Rideau Ward, dated May 2008, filed with the City Clerk, 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 $137,929.24 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

(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 $102,958.10 to be charged to the City of Ottawa for the construction of the drainage works, the sum of $91,007.54 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 Robinson Consultants Inc., Consulting Engineers Report dated May 2008.

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

7. This by-law comes into force on the passing thereof and may be cited as the “Paden Road Municipal Drain By-law, 2008”.

ENACTED AND PASSED this day of , 2008

CITY CLERK MAYOR

PADEN ROAD MUNICIPAL DRAIN

INSTALLATIONS MUNICIPALES DE DRAINAGE CHEMIN PADEN

ACS2008-PWS-WWS-0018 RIDEAU-GOULBOURN (21)

Councillor Brooks declared an interest in this matter, as he owns land in the area. He did not participate in the hearing.

Dave Ryan, Project Manager, Municipal Drains provided a brief overview of the departmental report, noting today’s meeting is required to consider the Engineer’s Report and the By-law as called for by the Drainage Act. Questions and comments on the technical aspects of the report can be brought forward to the Drainage Engineer, Robinson Consultants Inc. Assessment issues will be dealt with separately at a subsequent meeting when the Committee will be sitting as the Court of Revision. He later advised that there is an option to refer the report back to the Engineer under Section 57 of the Drainage Act.

Brian Hill said that 28 of his 48 acres were included in the benefiting area. He suggested the work would be of no benefit to his property, noting he was assessed at $503. He contended only a depth of 100 feet of the land would have water on it and the land does not drain into the Paden Drain. Mr. Hill said it has been an exceptionally wet year.

Mr. Robinson, Drainage Engineer, clarified that the drain boundary was determined using topographical and other maps. He noted land adjacent to the drain is assessed at a higher rate due to direct access and other land is evaluated lower as the land uses the drain as an outlet. With respect to appeal rights, he explained that a property owner can appeal to the Drainage Tribunal but must provide evidence. He advised that benefiting property owners were asked to forward any concerns or comments 10 days prior to this hearing to allow a review and response at the meeting.

Councillor El-Chantiry commented that drainage is a very important issue in the rural area and the City is often criticized for not doing enough. He pointed out the drain boundary was determined by an engineer with extensive experience on drainage matters. He conceded that some opposition exists due to the cost, but reiterated the benefit of ensuring proper drainage. He spoke against deferral of the report and any further delays.

Mr. Ryan advised the petition was submitted by the Roads Superintendent to address long-standing drainage and maintenance issues along that section of road. He added that most petitions come forward from groups of landowners. Over 700 drains exist presently in the City of Ottawa and are an effective means of rural stormwater management to move water off roads and land. The engineer is responsible for determining the drain boundary and assesses the benefiting landowners accordingly. In this case, the City is paying over $100,000 of the $137,000 assessment costs and the rest of the landowners pay a one time fee to construct the drainage works with future maintenance costs if required. He agreed that proper drainage is required to ensure proper road access for residents and emergency vehicles. Delaying investments in the drain could result in increased financial costs for asphalt and stone for the road.

Councillor Harder commented on other stormwater management measures in the suburban and urban area in comparison with Drainage Ac matters.

Jim Sheppard stated his opposition to the drain due to the cost and lack of true benefit. He suggested the proposal is a far cry from what was initially discussed at the on-site meeting. He assumed a massive drainage canal is being proposed, rather than just cleaning out the ditch. He said the work would impact a portion of his property that is a natural basin that catches runoff from the Marlborough Forest. He also suggested that his cedars on the land adjacent to the drain should be considered a crop as they are harvested at regular intervals. Mr. Robinson undertook to take a closer look at the work in the area where the cedars are found.

In response to questions from Mr. Sheppard, the Engineer explained the following:

· A small drain will be constructed with a one-meter bottom width and two to one side slopes coming up to the existing grade.

· There will be no impact on the wells, as the drainage is surface in nature (1 to 1.5 meters deep) and the wells are down in bedrock.

· The drainage basin is relatively small. No improvement work is proposed for the area upstream from the Paden Road drain.

· Mislabelled culverts 1 and 2 will be properly identified on the plan.

· The design return period deals with various rainfall events varying from two years up to 100-year occurrences. The Province suggests a culvert design for agricultural land that will accommodate capacity for a rainfall event that would be expected every two years. A 10 to 50-year event is utilised for road culvert design.

· The engineer does not foresee any problems with excavation between stations 080 and 360. The design will allow the bypassing of high flow waters and provide a profile for upstream drainage.

· The factor for the calculation of land loss due to the drain construction is not available. The provincial website that contained information on land values is no longer accessible to the public. Reference to the website will be taken out of the report.

· The right-of-way access on the east and north sides of the proposed drain will be provided from Paden Road.

Liz Richardson spoke in support of the work, touching on water flowing over the road. She stated the work is needed to ensure the safety of residents guaranteeing emergency vehicle access. She added that some of her land is wet and fairly boggy. She believed a deferral was inappropriate as it would delay to next year the commencement of work.

Ron Hartree contended that his property does not benefit from the proposed work as it is dry and does not require a sump pump. He indicated he built his home in 1979 on a sand esker. He added that the previous drainage work has affected cedars on his property.

Mr. Robinson clarified that the assessment for Mr. Hartree’s property is small and opined that the land does contribute water to the system by draining away.

Bernard Power, a resident of Settler’s Way, advised that he has no water issues on his property like his neighbour Mr. Hartree. He noted surface water drains away from the municipal drain due to the slight hill, noting the subdivision surface water drains away from the Paden Drain. He questioned the inclusion of his property in the drain boundary.

In response to the boundary issues raised by the two previous delegations, Mr. Robinson reaffirmed his confidence with the drain boundary.

Councillors El-Chantiry and Harder indicated their support with moving forward with the drainage works.

CARRIED