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HomeMy WebLinkAboutMarch 01, 2018 - Court of Revision - Fernley Drain THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COURT OF REVISION AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, March 1, 2018 8:00 p.m. — Fernley Drain Improvements 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. CHAIRMAN'S REMARKS ON THE PURPOSE OF THE MEETING 4. STAFF PRESENTATION A. Report DS-10/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re Fernley Drain Improvements Court of Revision 5. PUBLIC PARTICIPATION 6. DISPOSITION 7. ADJOURNMENT g,AY REPORT ' DEVELOPMENT SERVICES oma.po l'tunity IS TO: Mayor & Members of Council FROM: Bill Knifton, Chief Building Official I Drainage Superintendent DATE: March 1, 2018 REPORT: DS-10/18 FILE NO. C-07/E09 SUBJECT: FERNLEY DRAIN IMPROVEMENTS COURT OF REVISION BACKGROUND: The purpose of this report is to provide for a Court of Revision hearing in connection with the Fernley Drain Improvements. On Thursday February 1, 2018 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#216088 dated January 3, 2018 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 February 1, 2018 gave first and second reading to Provisional By-Law# 2018-018 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 assessed 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. 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 31 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 received a written appeal from Harry Broughton on February 8, 2018. The Court of Revision may also consider requesting comment from any landowners, or agents present, to determine if they wish to submit an appeal based on the assessment value included or excluded in the aforementioned Engineer's Report. RECOMMENDATION As an appeal was received it is staff's recommendation that the Court of Revision consider the following resolution: THAT Report DS-10/18 re Fernley Drain Improvements Court of Revision be received for information; AND THAT the Court of Revision acknowledge the appeal received from Harry Broughton regarding his assessment being too high; AND THAT the Court of Revision for the Fernley Drain Improvements hereby directs the Engineer to make the appropriate changes to Engineer's Report#216088 dated January 3, 2018 as requested by Harry Broughton; AND THAT the Court of Revision direct the Engineer to re-submit the revised Report when the changes are completed. Respectfully Submitted by: v Bill Knifton S ' way Chief Building Official CAO C� Drainage Superintendent Harry Broughton 48 Concession St Tillsonburg, ON N4G 1 P4 February 8, 2018 Municipality of Bayham 56169 Heritage Line Straffordville, ON N OJ 1 YO Att: The Clerk Re: Fernley Drain — Court of Revision Appeal My name is Harry Broughton and I own a farm at 54902 Nova Scotia Line, Pt Lot 9, Con 2, roll # 01-087. The top end of the Fernley Drain goes through my farm. I received a notice in the mail from Bayham about the Court of Revision meeting. I wish to appeal my assessment as it is too high. The reason being is there is nothing wrong with the Fernley Drain that goes through my property. I attended the last public meeting, but there was some confusion with my son-in-law who attended with me, as I was expecting him to speak on my behalf and he didn't. I could not find anyone to write a letter for me at that time, if so I would have stated then, that the Fernley drain does not have to be re-built on my property, and I do not want my drain tiles to be torn up. This letter is an appeal to you to reduce my assessment on this drain and for you (Council) to tell your Engineer to redesign the drain so the part of the Fernley Drain that is on my property stays the way it is and not to be touched. I would expect that this change would reduce my cost. Thank you Harry Broughton