Fort Erie slammed for unsigned report

Friday, February 11, 2011

by BETTER FARMING STAFF
Unless you want to be chastised by the Ontario Drainage Tribunal, don’t present the provincially appointed appeal body with reports that your engineer didn’t sign, as did the Town of Fort Erie.

The Tribunal hears appeals on the technical aspects of drainage and on assessment decisions. “We consider this to be a very serious issue,” says the written decision of the appeal body, also known as the Agriculture, Food and Rural Affairs Appeal Tribunal, posted to the ministry’s website Feb. 9. “The Tribunal finds that the Report was not a true report under the Drainage Act.”

“The entire process leading to the appeals before the Tribunal is therefore flawed.” The Tribunal ordered the engineer’s report adopted by Fort Erie council in July 2010 set aside.

The Tribunal, consisting of chair Kirk Walstedt, and members Enio Sullo and Tim Mousseau, ruled following a Jan. 26 hearing of an appeal by Fort Erie rate payers Fred and Moira Daubert, Karin Gagne and Barbara and Andy Huard relating to the Baer Municipal Drain. The Tribunal decision says evidence presented included an April 2010 report prepared by Paul Douglas Smeltzer, an engineer with Amec Earth and Environmental of Burlington. The document, entitled "Baer Municipal Drain - Final Engineer's Report, Town of Fort Erie" was anything but final. The first sore point was that the report was not signed and sealed by the engineer. “It was also apparent that the said drawings were still a "work in progress," the decision read.” But there was more.

According to the Tribunal decision, Brett Ruck, Fort Erie’s drainage superintendent, testified that the Council initially relied on the unsigned and unsealed April report when they passed a bylaw on July 12. As a result of Court of Revision hearings on Aug. 11, the report was sent back to the engineer to adjust the drawings and the assessments. That revised September report was circulated to assessed landowners.

The Court of Revision, essentially members of the local council, met again in December to hear appeals respecting the revised September report. According to the Tribunal decision, Smeltzer did not sign and seal the September report until Jan. 25, the day before the Tribunal hearing.

“The proper administration of justice is paramount to the Tribunal and we see it as our duty to ensure it is carried out,” the Tribunal decision says. “The Drainage Act process for adopting the new report should be followed.”

The mayor of Fort Erie was not available according to staff answering the telephone at the municipal office on Saturday. Appellants to the drainage matter did not immediately respond to requests for an interview. BF