Agriculture, Food and Rural Affairs Appeal Tribunal 1 Stone Road West, 2nd Floor NW Guelph, Ontario N1G 4Y2 Tel: (519) 826-3433, Fax: (519) 826-4232 Email: AFRAAT@ontario.ca
Tribunal d’appel de l’agriculture, de l’alimentation et des affaires rurales 1 Stone Road West, 2e étage NW Guelph (Ontario) N1G 4Y2 Tél.: (519) 826-3433, Téléc.: (519) 826-4232 Courriel: AFRAAT@ontario.ca
AGRICULTURE, FOOD AND RURAL AFFAIRS APPEAL TRIBUNAL
APPEAL:
Cobb’s Lake Creek Municipal Drain (RE) [Settlement Agreement] Kaelin Farms Inc. v City of Clarence-Rockland
Cobb’s Lake Creek Municipal Drain (RE) 2024 ONAFRAAT 12
STATUTE:
Drainage Act
HEARING:
April 17, 2024
DATE OF DECISION:
May 1, 2024
009CobbsCreek23
NEUTRAL CITATION:
IN THE MATTER OF THE DRAINAGE ACT, R.S.O. 1990, CHAPTER D.17, AS AMENDED.
AND IN THE MATTER OF an appeal submitted by Kaelin Farms Inc. of Saint Pascal-Baylon, Ontario under Section 54 of the Drainage Act, with respect to the Cobb’s Lake Creek Municipal Drain in the City of Clarence-Rockland.
AND IN THE MATTER OF an electronic hearing to be held pursuant to Rule 18 of the Tribunal’s Rules of Procedure.
BETWEEN:
Kaelin Farms Inc. Appellants
– and –
City of Clarence-Rockland Respondent
Self-Represented
Self-Represented
Held: April 17, 2024 via Zoom
Before: Marc Huneault, Vice-Chair, Don McNalty, Vice-Chair, and Sarah Judd, Member
Parties Present:
Meinrad Kaelin, Appellant Monique Ouellet, Clerk Andy Robinson, P. Eng., Robinson Consultants Inc. Lorne Franklin, Robinson Consultants Inc. Eric Leroux, Drainage Superintendent Paul-Andre Leroux, Assistant Drainage Superintendent
ORDER OF THE TRIBUNAL
BACKGROUND
The Tribunal received an appeal, dated August 9, 2023, from Kaelin Farms Inc. (“Kaelin Farms”) under Section 54 of the Drainage Act, with respect to the Cobb’s Lake Creek Municipal Drain.
On or about April 12, 2024, Lorne Franklin, LET, CET of Robinson Consultants provided the Tribunal with a Memorandum outlining a settlement agreement between the City of Clarence-Rockland and Kaelin Farms in respect to the Kaelin Farms appeal dated April 12, 2024 (hereinafter the “Settlement Memorandum”).
The Settlement Memorandum was not signed. Meinrad Kaelin was in attendance on April 17, 2024, and confirmed that he agreed to the terms as outlined in the Settlement Memorandum.
MINUTES OF SETTLEMENT
- Per the Settlement Memorandum, the Tribunal accepts the amendments to the Engineer’s Report and directs City of Clarence-Rockland as follows:
a. Direct that the Benefit Assessment be removed for Property ID 65.
b. Direct that the Schedules of Assessment be recalculated accordingly by redistributing the Benefit Costs to properties that remain Benefit Assessed in Section 5 of the Cobb’s Lake Creek Drain as set out in the Engineer’s Report
- A copy of the Settlement Memorandum is attached hereto as Appendix “A”.
DRAINAGE ACT
- Under s.51 of the Drainage Act:
51 (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. R.S.O. 1990, c. D.17, s. 51 (1); 2006, c. 19, Sched. A, s. 6 (4).
- The panel has reviewed the Settlement Memorandum and finds that the contents of the Settlement Memorandum are proper for the purposes of this Act and are accordingly, approved.
ORDER
The Township shall amend the Provisional By-Law to incorporate all of the items in the Settlement Memorandum prior to giving third reading thereby enacting the By-Law.
An Order shall go in accordance with the Minutes of Settlement as filed with the Tribunal.
Released: May 1, 2024