Agriculture, Food and Rural Affairs Appeal Tribunal 1 Stone Road West
Tribunal d’appel de l’agriculture, de l’alimentation et des affaires rurales 1 Stone Road West
Guelph, (Ontario) N1G 4Y2 Tel: (519) 826-3433, Fax: (519) 826-4232 Email: AFRAAT@ontario.ca
Guelph (Ontario) N1G 4Y2 Tél.: (519) 826-3433, Téléc.: (519) 826-4232 Email: AFRAAT@ontario.ca
AGRICULTURE, FOOD AND RURAL AFFAIRS APPEAL TRIBUNAL
APPEAL:
Taylor Drainage Works Township of Middlesex Centre
Taylor Drainage Works (RE) 1999 ONAFRAAT 9
STATUTE:
Drainage Act
HEARING:
April 15, 1999
DATE OF DECISION:
April 20, 1999
1999-09
NEUTRAL CITATION:
1999 ONAFRAAT 9
Taylor Drainage Works Township of Middlesex Centre
IN THE MATTER OF THE DRAINAGE ACT R.S.O. 1990, CHAPTER D.17, AS AMENDED.
AND IN THE MATTER OF:
An application to the Ontario Drainage Tribunal by the Township of Middlesex Centre requesting a modification to By-Law No. 98-074 concerning the Taylor Drainage Works 1998 in the Township of Middlesex Centre.
Before:
Andrew Osyany, Vice-Chair; Vernon Spencer, Chair; Nick Doelman, Member.
DECISION OF THE TRIBUNAL
This application was considered by the Tribunal on Thursday April 15, 1999. This application was considered by the Tribunal under Sub-Section 51(1) of the Drainage Act (the Act). Sub-Section 51(1) is as follows:
- (1) On any appeal or reference to the Tribunal under this Act, the Tribunal shall hear and determine the matter and, where not so provided, may make such order and direct such things to be done as are authorized by this Act or as it considers proper to carry out the purposes of this Act.
The Background
Mr. M. P. DeVos, P. Eng., of Spriet Associates London Limited, was instructed by the Township of Middlesex Centre (the Township) to prepare a report under Sections 4 of the Act for the construction of Branch No. 3 of the Taylor Drain, by petition of the landowner, and under 78 of the Act for the improvements to the existing Taylor Drain system, including the open portion of the existing Robson-Urbshott Drain.
The engineer’s report dated September 11, 1998 was adopted by the Township under By-Law No. 98-074. No appeals of the proposed works were filed with the Township and the By-Law was passed, the drain was tendered and a contract awarded.
The Township has since received a request from three landowners for additional work to the drain which will affect their properties only.
Since:
Construction has begun on the drain,
The three affected landowners would like the additional work to be part of the existing contract and,
The landowners have agreed to pay the total cost for this additional work and have filed signed consent forms with the Township,
the Township instructed the engineer to prepare an Addendum Report to include the additional work. The engineer has prepared and filed an Addendum report dated March 24, 1999. The changes from the September 11, 1998 report are indicated in bold type in the Addendum Report. The necessary changes to the cost estimates, description of work, assessment schedules and drawings to reflect the proposed work have been included in the Addendum Report.
In general terms, the Addendum Report will have the effect of:
Changing proposed construction on the Jeremy Robson property from an open ditch to a 300 mm tile and assessing all of the increase in cost caused by this change in construction to the property of Jeremy Robson.
Construction of a culvert crossing on the Glen Liscumb property and charging all of the increase in cost caused by this change in construction to the property of Glen Liscumb.
Deepening of Branch 5 on the Ken Robson property to provide additional outlet to this property, as well as the necessary deepening of the main drain on this property to accommodate the deeper Branch 5. All of the increase in cost caused by this change in construction is assessed to the property of Ken Robson.
The proposed changes in work and assessment affect only the properties of the three owners listed above.
ORDER OF THE TRIBUNAL
After careful consideration, the Tribunal decided to use its authority under Section 51 of the Drainage Act and approve the requested amendments to By-Law No. 98-074 but to do so on terms. Therefore the Tribunal orders that:
The Clerk of the Township of Middlesex Centre is to prepare a By-Law to modify By-Law 98-074, concerning the Taylor Drainage Works 1998, to incorporate the engineer’s report titled Addendum, dated March 24, 1999 and signed by M. P. DeVos, P. Eng., together with the amended Plan and Profile.
After the By-Law has been prepared and given two readings by the Council of the Township of Middlesex Centre, it is to be mailed, (exclusive of a copy of the Addendum Report) to all parties entitled to be sent a copy of the provisional by-law under Section 46 along with a copy of this decision and a notice stating that any owner aggrieved by this decision, and so notified, can appeal directly to the Tribunal by filing a notice of appeal with the Clerk of the Township of Middlesex Centre within 14 days of the mailing of the notices. Copies of the Addendum Report dated March 24, 1999 are to be included with the notice sent to Glen Liscumb, Jeremy Robson and Ken Robson.
If no appeals are filed within 14 days of the mailing of the notices specified in Order 2, the project as modified is confirmed and the Council of the Township of Middlesex Centre may give third reading to the By-Law amending By-Law 98-074 thus authorising the change in work.
The report on the Taylor Drainage Works 1998, dated September 11, 1998, is to be consolidated with the Addendum Report on the Taylor Drainage Works (including the amended Plan and Profile), dated March 24, 1999, and the Consolidated Report will henceforth define the Taylor Drainage Works 1998 for purposes of repair and maintenance under the Act.
It is ordered that there be no order as to costs and all parties are responsible for their own costs. Attention is drawn to Section 73 of the Act.
Dated at Guelph, Ontario this 20th day of April, 1999.