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HomeMy WebLinkAboutFebruary 01, 2018 - Public - Drainage - Fernley Drain Improvements THE CORPORATION OF THE MUNICIPALITY OF BAYHAM DRAINAGE PUBLIC MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, February 1, 2018 7:30 p.m. — Fernley Drain Improvements 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. PURPOSE OF THE MEETING 4. STAFF PRESENTATION A. Report DS-08/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re Fernley Drain Improvements 5. ENGINEERS REMARKS 6. PUBLIC PARTICIPATION 7. CORRESPONDENCE 8. DISPOSITION 9. ADJOURNMENT -g,AY REPORT DEVELOPMENT SERVICES O�'poltu Z5�0y nity TO: Mayor & Members of Council FROM: Bill Knifton, Chief Building Official, Drainage Superintendent DATE: February 1, 2018 REPORT: DS-08/18 FILE NO. C-07/E09 SUBJECT: FERNLEY DRAIN IMPROVEMENTS BACKGROUND: The purpose of this report is to hold a Public Meeting to consider Spriet Associates Engineer's Report #216088 received from Spriet Associates dated January 3, 2018 and filed with the Clerk on January 11, 2018. In April, 2016 a request was received from Tony Wall who resides at 54732 Nova Scotia Line for drainage improvements. On April 7, 2016, Council appointed Spriet Associates to make an examination of the drainage area and prepare a report for Council's consideration. DISCUSSION: Secion 78(1) of the Drainage Act allows a municipality to rebuild or reconstruct an existing municipal drain without receiving a petition as required in Section 4 but on the report of an engineer appointed by it, undertake and complete the drainage works as set forth in such report. Section 78(4) of the Drainage Act states all proceedings, including appeals, under this section shall be the same as on a report for the construction of a drainage works. On January 18, 2018 Council decided to proceed with Notices under the Drainage Act and directed the Clerk to mail a Notice of Public Meeting to all interested parties. A Notice of Public Meeting dated January 19, 2018, pursuant to Chapter D17, Section 41 of the Drainage Act was prepared; and this Notice confirmed that the Municipality will hold a Public Meeting on Thursday February 1, 2018 at 7:30 p.m. to consider the proposed construction of the drainage works known as the Fernley Drain Improvements. The Notice of Public Meeting and a copy of the Engineer's Report were mailed to: (a) Every landowner within the area requiring drainage. (b) Clerk of every other local municipality in which any land or road that is assessed for the drainage works, or for which compensation or other allowances have been provided in the report is situate. (c) Any public utility, railway company or road authority that may be affected. (d) Long Point Region Conservation Authority. (e) The Ministry of Natural Resources. (d) The Director, of the Ministry of Agriculture, Food and Rural Affairs. Following the engineer's presentation at the Public Meeting, landowners and all other affected parties are given the opportunity to voice their concerns relating to any aspect of the report. If for any reason the report should be reconsidered, Council may refer the report back to the engineer. RECOMMENDATION 1 THAT in accordance with Section 78 of the Drainage Act, Council of the Corporation of the Municipality of Bayham hereby adopts Spriet Associates report#216088 dated January 3, 2018, referred to as the "Fernley Drain Improvements" report; 2. THAT Provisional By-law#2018-018 be given first and second reading; 3. THAT the Clerk be directed to distribute copies of the Provisional By-law and Notice of the time and place of the first sitting of the Court of Revision to the affected parties pursuant to Section 46 (2) of the Drainage Act; 4. AND THAT a date of March 1, 2018 at 8:00 p.m. be set for the first sitting of the Court of Revision." Respectfully Submitted by: Bill Knifton au ay Chief Building Official CAO�CIerk Drainage Superintendent