Delbert A. O'Brien

Appeals were brought regarding the Point Abino Municipal Drain in the City of Port Colborne.

The drainage basin experienced flooding and health hazards.

The Tribunal heard conflicting evidence from upstream and downstream owners.

The Tribunal ordered the City to adopt the revised engineer's report subject to amendments, including the deletion of a pumping station at the outlet, the removal of work and assessment on the Haggerty property, and a review of contiguous unsevered lots for minimum assessment.

The Tribunal also requested the City to seek available grants or subsidies due to the residential and conservation nature of the project.

Appellants appealed a drainage report for the Point Abino Municipal Drain.

The Tribunal found that the Haggerty Drain should be included as a branch drain to improve agricultural drainage.

The Tribunal upheld James Markland's assessment as fair and equitable.

To address concerns about flooding and the ecological balance of a conservation area, the Tribunal ordered the report referred back to the Drainage Engineer to extend the works to the Lake Erie outlet and install a limited lift pumping station to relieve peak flooding without adverse environmental impact.