MW-2018-14 August 14, 2018

REPORT TO: Mayor James M. Diodati

and Members of Municipal Council SUBMITTED BY: Municipal Works SUBJECT: MW-2018-14 Boyer’s Creek Municipal Drain Final Engineer’s Report

RECOMMENDATION 1. That City Council adopts the Engineer’s Report on the Boyer’s Creek Municipal

Drain prepared under the authority of section 4 & 78 of the Drainage Act, R.S.O. 1990, c. D.17. and further,

2. That the City gives two readings to the by-law (provisional) which will initiate the appeal process.

EXECUTIVE SUMMARY

In April of 2018 Council authorized the appointment of Spriet Associates to finalize the Engineer’s Report on the Boyer’s Creek Municipal Drain. On site meetings and notifications were conducted in accordance with the Drainage Act, R.S.O. 1980 The Drainage Engineer estimates the cost of works, which in turn is assessed to all landowners within the tributary area. Final assessment will be calculated once construction of the drain is complete. Staff recommends that Council wait to discuss levying of assessments until final costs are in and a report can be brought back to Council. The purpose of this report is to consider the passing of the provisional by-law (two readings) which will initiate the appeal process with the mandated scheduling of the Court of Revision. Once all appeals are settled, a third reading of the by-law will be necessary prior to initiating the tender and construction phase of this project.

BACKGROUND

The Boyer’s Creek Drain was last improved under the provisions of the Drainage Act and By-Law by R. Blake Erwin for the Township Willoughby in excess of eighty five (85) years ago. To provide relief of rural flooding in this area, as a road authority City of

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Niagara Falls signed a petition and on April 4 2005 Council appointed Wiebe Engineering Group Inc. to provide consulting and design services of the Boyer’s Creek Drain pursuant to the Drainage Act. In addition a petition signed by A&D Spadinski (Roll No. 40-055-298) in the Town of Fort Erie whose lands contain 60% of the area requiring drainage was received for the additional work of Branch ‘A’. Following Wiebe Engineering Group Inc. disbanding and not completing their report, City Staff retained Spriet & Associates to carry on this work and finalize the Engineers Report. Council Appointed Spriet & Associates on April 10th, 2018, which was followed by a public meeting held on May 15th, 2018 allowing land owners the opportunity to discuss the preliminary design, estimated drain costs and assessments. Spriet Associates Engineers & Architects filed their Engineer’s Report on July 27, 2018. Notification of Council Consideration was sent out to Public Agencies, Utility Companies, Road Authorities as well as property owners within the watershed. Notification included a copy of the Final Engineer’s Report.

ANALYSIS/RATIONALE Pursuant to the Drainage Act, the passing of the provisional by-law (two readings) will initiate the appeal process with the mandated scheduling of the Court of Revision. Once all appeals are settled, a third reading of the by-law will be necessary prior to initiating the tender and construction phase of this project. In previous Municipal Drains, Council has opted to pay for assessments for properties within the City Limits of the watershed. Staff recommends that Council wait to discuss these matters until final costs are in and a report can be brought back to Council at that time. There are Public Agencies and adjacent Municipalities with lands inside the watershed that will need to be assessed fair and accurately as part of the appeals process.

FINANCIAL/STAFFING/LEGAL IMPLICATIONS The Drainage Engineer estimates the cost of works, which in turn is assessed to all landowners within the tributary area. In determining the landowners assessment, the Drainage Engineering considers factors that contribute to the land’s flow generation to the improved watercourse such as land area, topography, soil type and land use as well as length of drain improvement benefitting the lands. The City’s assessment is based on road allowances that benefit from the proposed downstream drainage work. The estimated net assessment costs are summarized in Schedule C of the report. Final assessment will be calculated once construction of the drain is complete.

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Boyer’s Creek Municipal Drain received funding in the 2018 Capital Budget.

CITY’S STRATEGIC COMMITMENT Implementation of this project meets the intent of Council’s strategic priorities to establish infrastructure investment opportunities and to strengthen and promote economic development within the City including alternative service delivery models.

LIST OF ATTACHMENTS

1. Final Engineer’s Report prepared by Spriet Associates Engineers & Architects dated July 12, 2018

2. Plan & Profile appendix to the Engineer’s Report prepared by Spriet Associates Engineers & Architects dated July 12, 2018

Recommended by: Geoff Holman, Director of Municipal Works Respectfully submitted: Ken Todd, Chief Administrative Officer

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ATTACHMENT #1

BOYERS CREEK

CITY OF NIAGARA FALLS

MUNICIPAL DRAIN

BOYERS CREEK

CITY OF NIAGARA FALLS

MUNICIPAL DRAIN

BOYERS CREEK

CITY OF NIAGARA FALLS

MUNICIPAL DRAIN

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