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HomeMy WebLinkAboutApril 05, 2018 - Public - Fernley Municipal Drain THE CORPORATION OF THE MUNICIPALITY OF BAYHAM DRAINAGE PUBLIC MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, April 5, 2018 7:45 p.m. — Fernley Municipal Drain 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. PURPOSE OF THE MEETING A. Fernley Municipal Drain Public Notice Pursuant to Chapter D17, Section 41 of the Drainage Act the purpose of the public meeting is to consider the proposed reconstruction of the drainage as outlined in the Fernley Municipal Drain Engineer's Report#216088 dated January 3, 2018 revised March 5, 2018 as prepared by Spriet Associates 4. STAFF PRESENTATION A. Report DS-21/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re Fernley Drain Consider Report 5. ENGINEERS REMARKS 6. PUBLIC PARTICIPATION 7. CORRESPONDENCE 8. DISPOSITION 9. ADJOURNMENT vAYH.44 -1g4i*::"r"14r;(MTr,r'jqkeit7C �.4upor0�4 tunity TS The Corporation of the Municipality of Bayham NOTICE OF A PUBLIC MEETING CONCERNING THE PROPOSED DRAINAGE WORKS FOR THE FERNLEY MUNICIPAL DRAIN IN THE MUNICIPALITY OF BAYHAM TAKE NOTICE that further to Chap. D.17, Section 41 of the DRAINAGE ACT, the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, April 5, 2018 at 7:45 p.m. at the Bayham Municipal Office, 56169 Heritage Line, Straffordville Ontario. THE PURPOSE of the meeting is to inform area landowners that Council will consider the enclosed revised Engineer's Report#216088 filed with the Clerk at the Bayham Municipal Office on March 8, 2018 regarding the proposed reconstruction of the Fernley Municipal Drain serving parts of Lots 7 to 9, Concessions 1 and 2, Municipality of Bayham. The work was initiated from a request. ANY PERSON may attend the meeting and/or make a written or verbal representation in support of, or in opposition to the proposed drainage works by forwarding your comments to the Municipal Office prior to the meeting. ADDITIONAL INFORMATION relating to the proposed drainage works may be obtained by contacting the Drainage Superintendent Bill Knifton at the Bayham Municipal Office, 56169 Heritage Line, PO Box 160, Straffordville, Ontario NOJ 1Y0, Telephone: 519-866-5521, Monday-Friday 8:30 am -4:30 p.m. Dated at STRAFFORDVILLE, in the MUNICIPALITY OF BAYHAM, in the PROVINCE OF ONTARIO, this 16th day of March, 2018. -ul r'. ay CAOICIerk iNx1(114-4-z 4ripio.„. ,,,,, REPORT .,,, , , I _, ,,: ‘ ,„,„:„,\N„.., ,....„,.-.,._ \ -,-,„:: ,,, „, -00. „_:,,mf4-1-2tEio-:kg ,,to.,-;---:,:a,„:,:, ;: DEVELOPMENT SERVICES <;/ ;a 0ppo 0 1 l irtunity Is.L TO: Mayor & Members of Council FROM: Bill Knifton, Chief Building Official, Drainage Superintendent DATE: April 5, 2018 REPORT: DS-21/18 FILE NO. C-07/E09 SUBJECT: FERNLEY DRAIN CONSIDER REPORT 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, revised on March 5, 2018 and filed with the Clerk on March 8, 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: Section 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 March 15, 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 March 16, 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 April 5, 2018 at 7:45 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 Engiwneer'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, revised March 5, 2018 referred to as the "Fernley Drain Improvements" report; 2. THAT Provisional By-law#2018-041 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 May 3, 2018 at 8:00 p.m. be set for the first sitting of the Court of Revision." Respectfully Submitted by: Bill Knifton Chief Building Official - CAOICIer, Drainage Superintendent