The Corporation of the City of Kawartha Lakes

Minutes

Drainage Board Meeting

Meeting #:DB2019-03
Date:
Time:
-
Location:
Victoria Room
City Hall
26 Francis Street, Lindsay, Ontario K9V 5R8
Members:
  • Councillor Ron Ashmore
  • Councillor A. Veale
  • Charles Clarke
  • Jim Oriotis
  • Mike Verbik
Accessible formats and communication supports are available upon request. The City of Kawartha Lakes is committed to accessibility for persons with disabilities. Please contact [email protected] if you have an accessible accommodation request.

Chair A. Veale called the meeting to order at 7:00 p.m. Drainage Board members Councillor Ashmore, C. Clarke, J. Oriotis, and M. Verbik were in attendance.

Supervisor of Technical Services M. Farquhar, Drainage Superintendent L. Feitler, and Recording Secretary and Deputy Clerk J. Watts were also in attendance.

Chair Veale welcomed all in attendance and introduced the members of the Board and staff present.

  • DB2019-018
    Moved ByC. Clarke
    Seconded ByJ. Oriotis

    That the agenda be adopted as circulated.

    Carried

There were no declarations of pecuniary interest disclosed.

Minutes from the July 2, 2019 Drainage Board Meeting

  • DB2019-019
    Moved ByM. Verbik
    Seconded ByC. Clarke

    That the minutes of the Drainage Board meeting held on July 2, 2019, be adopted as circulated.

    Carried

Minutes from the August 15, 2019 Court of Revision (Webster Drain)

  • DB2019-020
    Moved ByCouncillor Ashmore
    Seconded ByJ. Oriotis

    That the minutes of the Court of Revision - Webster Drain meeting held on August 15, 2019 be adopted as circulated.

    Carried

Deputation from the Petitioners for Drainage Works
Robert and Lynda MacEachern
Scott Brown (for D. S. & B. Farms Inc.)

Robert and Lynda MacEachern spoke as the petitioners for drainage works. Mr. MacEachern shared they petitioned for a municipal drain to replace an old Award Drain (known as the Budd, and Hopkins Award Drains) that were awarded in 1904. They stated that a portion of the award drain had been filled-in on the Brown property, and replaced with a closed drain system that was too small to accept their water. After considering their options under the Drainage Act for dealing with an altered Award Drain, Mr. & Mrs. MacEachern signed the petition for drainage work with Mr. Brown. He responded to questions from the members of the Board.

  • DB2019-021
    Moved ByCouncillor Ashmore
    Seconded ByC. Clarke

    That the deputation of Robert and Lynda MacEachern, regarding Petition for Drainage Works by Owners, be received.

    Carried

Memorandum, Lucas Feitler, Drainage Superintendent

Drainage Superintendent L. Feitler presented an overview of the existing drainage infrastructure in the area. He stated that several site meetings were held with the property owners, and they discussed future options following filling-in of the open award drain on the Brown property. Under the Drainage Act the assessed land owners could:

  • initiate a civil lawsuit
  • appeal to the Drainage Referee
  • petition to the municipality for Drainage Works

The Brown's options discussed included:

  • appeal to the Drainage Referee to determine the validity of the report, for allowing changes to the award, or any other power of the referee under section 106(1) of the drainage act
  • petition to the municipality for Drainage Works

Based on the discussions it was felt that the MacEacherns and Browns would sign on to a petition under Section 4 of the Drainage Act to turn the 1904 and 1907 Award Drains into a Municipal Drain. Mr. Feitler provided the options to the Board for how to respond to the petition, and that if approved to proceed, a recommendation to Council would come to the October 22, 2019 Regular Council Meeting. He responded to questions from the members of the Board.

  • DB2019-022
    Moved ByCouncillor Ashmore
    Seconded ByJ. Oriotis

    That the memorandum from the Drainage Superintendent - Engineering and Corporate Assets L. Feiter, dated September 17, 2019, regarding the petition for drainage works by owners of Concession 2, Part Lot 16, Geographic Township of Eldon (being Scott Brown of D.S.& B. Farms Inc.), and Concession 3, Part Lot 16, Geographic Township of Eldon (being Robert and Lynda MacEachern), be received;

    That Council proceed with the petition submitted by D. S. & B. Farms Inc. and Robert and Lynda MacEachern for drainage works for Concession 2, Part Lot 16, and Concession 3 Part Lot 16 Geographic Township of Eldon to be known as the “MacEachern-Brown Drain” and instruct the City Clerk to proceed with the notices required under Section 5 of the Drainage Act;

    That Staff concurrently continue to pursue with the petitioners options for a mutual drain agreement as per the City Policy; and

    That pursuant to Section 8(1) of the Drainage Act, R.S.O. 1990, Chapter D. 17, staff recommend to Council a Drainage Engineer for the examination of the area requiring drainage and proceed with the requirements of the proposed MacEachern-Brown Drain.

    Carried

Verbal Update on the Webster Drain

Mr. Farquhar provided an update on the Webster Drain stating that no appeals had been received after the Court of Revision was held on August 15, 2019. He stated that preparations are now underway to present By-law 2019-110 for Third Reading at Council, and tendering for construction in consultation with the Lake Simcoe Region Conservation Authority.

  • DB2019-023
    Moved ByC. Clarke
    Seconded ByCouncillor Ashmore

    That the update by M. Farquhar, regarding Webster Drain, be received.

    Carried

Verbal Update on the Waite Drain

Mr. Farquhar advised that staff are still in discussions with the Ministry of Transportation regarding the proposed crossing of Highway 35. Once their review is complete, they will be able to proceed with the Court of Revision.

  • DB2019-024
    Moved ByC. Clarke
    Seconded ByJ. Oriotis

    That the update by M. Farquhar, regarding the Waite Municipal Drain, be received.

    Carried
  • DB2019-025
    Moved ByC. Clarke
    Seconded ByM. Verbik

    That the Drainage Board Meeting adjourn at 7:36 p.m.

    Carried