Minutes
Environment, Transportation & Public Safety Standing Committee
Wednesday, November 25, 2020
Councillor Kaschak inquires as to current and/or historical issues with maintenance of that drain in the past. Mr. Pillon indicates that, as part of the review of the encroachment, it was determined that the last maintenance on this drain occurred approximately 8-10 years ago, and administration is unaware of any major issues at this location. Mr. Winterton confirms there is no record of any significant maintenance problems with this drain although phragmites are a concern in virtually every drain, similar to many other major municipal drains.
Councillor Kaschak requests clarification related to how the maintenance occurs and whether it is completed from the road or the ditch at the back of property. Mr. Winterton indicates that the work is done from the road and provides an explanation of the type of equipment and what is involved.
Councillor Holt inquires as to additional costs and if the encroachment is allowed through an agreement, whether these costs could be attributed to the homeowners. Mr. Pillon indicates that there is wording in the encroachment agreement that indicates if any additional costs are incurred, they can be recovered through the encroachment agreement.
Moved by: Councillor McKenzie
Seconded by: Councillor Costante
Decision Number: ETPS 796
THAT the request by the owners of the properties at 4369, 4375, 4381, 4387 and 4393 Spago Crescent, identified on PLAN 12M434 LOTS 43-39; to permit fence and shed encroachments into the Sixth Concession Road right-of-way, as shown on attached Drawing C-3591, BE APPROVED; and,
THAT the following requirements SHALL BE AGREED UPON by the applicants, in addition to the general requirements of an encroachment agreement:
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The Licensee further covenants and agrees to indemnify the City of any damage to the encroaching objects due to the maintenance of the 5 th Concession Drain.
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The Licensee further covenants and agrees to assume the responsibility and to pay for any additional costs or charges which the Corporation, EnWin Utilities Ltd., The Windsor Utilities Commission, Union Gas Limited, Cogeco Cable Systems Inc. or Bell Canada, and their respective successors and assigns, may reasonably incur in the future drain maintenance work by reason of such encroachment and the payment of such costs may, in the discretion of the Corporation, be enforced in the same manner as property taxes payable in respect of the Schedule “A” lands.
Carried.
Report Number: S 158/2020
Clerk’s File: SAA2020