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Home My WebLink AboutMay 07, 2015 - Court of Revision - Stewart Drain No. 1 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING AGENDA Thursday, May 7, 2015 MUNICIPAL OFFICE STRAFFORDVILLE, ONTARIO Page 1. APPOINTMENT OF MEMBERS, CHAIRMAN AND CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST 3. STAFF PRESENTATION 2 - 6 (a) Report DS-26/15 by Bill Knifton, Chief Building Official, Drainage Superintendent re Stewart Drain No. 1 Court of Revision 4. CHAIRMAN'S REMARKS ON THE PURPOSE OF THE MEETING (a) Stewart Drain No. 1 Court of Revision to provide an opportunity for any person or body entitled to receive Notice to appeal their assessment as per Engineers Report#208367 dated March 5, 2015 as prepared by Spriet Associates 5. PUBLIC PARTICIPATION 6. DISPOSITION 7. ADJOURNMENT Page 1 of 6 -1510(HA-40/ REPORT : DEVELOPMENT SERVICES • op 0 ly wt any I& 0 TO: Mayor&Members of Council FROM: Bill Knifton, Chief Building Official, Drainage Superintendent DATE: May 7,2015 REPORT: DS-26/15 FILE NO.C-071E09 SUBJECT:STEWART DRAIN NO. 1 COURT OF REVISION BACKGROUND: The purpose of this report is to provide for a Court of Revision hearing in connection with the Stewart Drain No. 1 On Thursday April 2,2015 in accordance with Sections 44 to 46 of the Drainage Act, R.S.O. 1990,the Council of the Corporation of the Municipality of Bayham adopted Engineer Report #208367 dated March 5,2015 as prepared by Spriet Associates. Further to Section 46 of the Drainage Act,the Council of the Corporation of the Municipality of Bayham, on Thursday April 2, 2015 gave first and second reading to Provisional By-Law# 2015-037 to adopt the drainage works included in the aforementioned report and to authorize the Municipality to borrow, if required,the monies necessary to carry out the works therein and to levy upon the affected lands and roads their respective apportionment of the cost of the works. This Section of the Drainage Act also states that a Court of Revision will be held to provide an opportunity for any person or body entitled to receive Notice to appeal their assessment. Section 52 of The Drainage Act specifies that any owner of land assessed for the drainage works may appeal the assessment to any land or road as being too high or too low or that any land or road that should have been assess has not been assessed,or that due consideration has not been given as to type of use of land. The owner may, in person or by agent,appeal to the Court of Revision by giving Notice in writing to the Clerk of the initiating municipality setting out the grounds of the appeal,and the appeal shall be heard by the Court of Revision. Every Notice of Appeal shall be given at least ten days before the first sitting of the Court, but the Court may,though Notice of Appeal has not been given, by resolution passed at its first sitting, allow an appeal to be heard on such conditions as to giving notice to all persons interested or otherwise as just appear. Report DS-26/15 by Bill Knifton,Chief Building Official,Dr... Page 2 of 6 Section 53 of the Drainage Act specifies when the ground of appeal is that lands or roads are assessed too high and the evidence adduced satisfies the court of revision,that the assessments on such lands or roads should be reduced.All appellants are to be present at the court of revision meeting. If any of the appellants are absent from the meeting,then the meeting shall be adjourned to allow the clerk sufficient time to notify by prepaid mail such persons of concern.The clerk must also alter any assessments that are changed, and the provisional by- law must be amended.A second meeting of the court of revision must be scheduled. Section 54(1)of the Drainage Act states any party to an appeal before the court of revision may appeal to the Tribunal by giving notice addressed to the clerk of the Tribunal,given to the clerk of the initiating municipality,from the decision of the court of revision or from its omission, neglect or refusal to hear or decide an appeal within twenty-one days of the pronouncement of the decision of the court of revision or of any matter evidencing such omission, neglect or refusal. Section 58 of the Drainage Act specifies that after the Court of Revision has taken place and the time for appealing has expired and there are no appeals or after all appeals have been decided, the Council may pass a Provisional By-law authorizing the construction of the drainage works. A minimum of forty days must transpire commencing from the date of the mailing of the notice of Court of Revision before 3`d reading of the Provisional By-law may take place. Further, drainage work may be commenced ten days after the by-law is passed if no Notice of Intention to make application to quash the by-law has been filed with the Clerk. DISCUSSION: Section 52(2)of the Drainage Act states that a person may submit a notice of appeal regarding their assessment via written notice to the Clerk within 10 days of the first sitting of the Court of Revision.The clerk has received an appeal from Marty Hutcheson on April 23, 2015 and an appeal from Terry Pittao on April 24, 2015. The Court of Revision has no authority to change the Engineer's report in any way other than to alter the schedule of assessments. If one assessment is reduced,others must be increased proportionately. Section 52(2)of the Drainage Act allows the Court of Revision to accept appeals to be heard that are filed late if the court passes a resolution to hear such appeals if they choose to do so. Report DS-26/15 by Bill Knifton,Chief Building Official,Dr... Page 3 of 6 RECOMMENDATION In the event that the received appeal is found to be without merit it is recommended that the Court of Revision consider the following resolution: 1. THAT the Court of Revision for the Stewart Drain No. 1 hereby confirms the assessments as per the Engineer's Report#208367 dated March 5,2015. Respectfully Submitted by: ////,/._digie/// /44 "---"eru Bill Knifton / P. - pwa Chief Building Official dministra •r Drainage Superintendent Report DS-26/15 by Bill Knifton,Chief Building Official,Dr... Page 4 of 6 /7/1,, rx_.H c A er n _5( � .�.. • Otee4fn.g. n� 0;�Tr5—e< Pe'4;4'; --- -- dei fly.—T Ye cL r Cms' s v� RECEIVED IIIII22.3!1 .i - MUNICIPALITY OF BAYNAM -- - rri e-S ktgard Rog (- a 65 -.11 Report DS-26/15 by Bill Knifton,Chief Building Official,Dr... Page 5 of 6 To whom it may concern, In reference to bylaw 2015-037(Stuart Drain No, 1),1 am appealing the assessment to my property on the following grounds. 1. The survey done on the land did not consider the fact that the established cedar fence between my property and the Stuart property has built up soil over the years and acts as a dyke preventing water from flowing from my land to his. 2.I believe that the survey done is inaccurate. The majority of my back yard actually Slopes away from the Stuart property.Approximately 70%of my land according to survey is being assessed as draining towards the Stuart land.I suggest that not valid. Regards 1. : f. ff Terry Pittao RECEIVED 56768 Eden Line, Eden APR 24 2015 Ont NOJ 1H0 MUNICIPALITY OF BAYHAM Report DS-26/15 by Bill Knifton,Chief Building Official,Dr... Page 6 of 6