Report : OPS-19-017

Operations
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1593 Four Mile Creek Road
P.O. Box 190
Virgil, Ontario
L0S 1T0

		Submitted on:	August 26, 2019
Report:	OPS-19-017

Report To:	Operations Advisory Committee
Subject:	Petition for Drainage Works – St. David’s Hydroponics

1. RECOMMENDATION
It is respectfully recommended:
1.1 that Council consider the attached Petition for Drainage Works filed by Mr. Toine van der Knaap, Vice President/General Manager of St. David’s Hydroponics under the provisions of Section 4 of the Drainage Act R.S.O. 1990.
1.2 that Council proceeds with the drainage works and directs that notice of its decision be sent to the appropriate parties in accordance with Section 5(1) of the Drainage Act R.S.O. 1990.

2. PURPOSE / PROPOSAL
The purpose of this report is to request that Council consider the attached Petition for Drainage Works requesting the relocation of a portion of the Lavigne Drain on the property owned by St. David’s Hydroponics; filed by Mr. Toine van der Knaap and that Council consider proceeding with the drainage works requested by St. David’s Hydroponics (see attached map).

The attached August 7, 2019 letter from the Quartek Group on behalf of St. David’s Hydroponics provides additional information about the proposal.

3. BACKGROUND
A portion of the Lavigne Drain on the St. David’s Hydroponics property on the north side of Line 6 Road has to be relocated within the property to allow for a major expansion of the greenhouses. The project will also include the relocation of an existing irrigation floodgate structure.

The plan submitted by the Quartek Group shows the proposed route of the realignment however, there may be a shorter and more feasible route by taking the realignment to the Martin Wiens Drain on the Murray property east of the St. David’s Hydroponics property.

This option will be discussed with St. David’s Hydroponics and investigated by the appointed drainage engineer.

4. DISCUSSION / ANALYSIS
Proceeding with the drainage works will allow for the proposed major expansion of the greenhouses.

There are still many steps to the process: appointing an engineer, a site meeting, determining the validity of the petition and more; but through the entire process, the landowners will have opportunities to voice concerns, make suggestions and provide input.

5. STRATEGIC PLAN
N/A

6. OPTIONS
Council has only two options when dealing with a petition for drainage works. One is to decide not to proceed with the drainage works, in which case the petitioner(s) can appeal the decision to the Drainage Tribunal; an appeal which the petitioner will very likely win in this situation. The other option is to decide to proceed with the drainage works, as is recommended in this report.

7. FINANCIAL IMPLICATIONS
The Town will initially carry the costs during the process under the Drainage Act however the great majority of the costs will be borne by St. David’s Hydroponics and the remainder recovered through assessment to the lands within the watershed.

8. COMMUNICATIONS
The petitioner, all affected landowners and road authorities, the Niagara Peninsula Conservation Authority and other relevant agencies will be notified of Council’s decision, as well as all future procedures in the process of establishing the drainage works.

9. CONCLUSION
Proceeding with the drainage works will allow for a major development within the Town of Niagara-on-the-Lake.

Respectfully submitted,

Rene Landry Brett Ruck
Drainage Support Technician Environmental Services
Supervisor

Jeffrey Vyse, C.S.T. Sheldon Randall
Manager of Public Works Chief Administrative Officer (I)

ATTACHMENTS
Petition Drain Letter_Aug.7.19.pdf Petition for Realignment.pdf COTW map - Proposed Lavigne Drain Realignment.pdf 2019 - June - Proposed Relocation Plan.pdf

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