HomeMy WebLinkAboutMay 03, 2018 - Court of Revision - Alward Street Drain and Fernley Drain THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COURT OF REVISION AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, May 3, 2018
8:00 p.m. — Court of Revision
A. Alward Street Drain
B. 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
A. Alward Street Drain Court of Revision Notice
Pursuant to Section 46 of the Drainage Act the purpose of the Court of Revision is to
provide an opportunity for any person or body entitled to receive Notice to appeal their
assessment as per Engineers Report#217145 dated January 19, 2018 and revised
March 5, 2018 as prepared by Spriet Associates
B. Fernley Drain Improvements Court of Revision Notice
Pursuant to Section 46 of the Drainage Act the purpose of the Court of Revision is to
provide an opportunity for any person or body entitled to receive Notice to appeal their
assessment as per Engineers Report#216088 dated January 3, 2018 and revised
March 5, 2018 as prepared by Spriet Associates
4. STAFF PRESENTATION
A. Report DS-27/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re
Alward Street Drain Court of Revision
B. Report DS-28/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re
Fernley Drain Improvements Court of Revision
5. PUBLIC PARTICIPATION
6. DISPOSITION
7. ADJOURNMENT
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The Corporation of the Municipality of Bayham
NOTICE OF COURT OF REVISION
CONCERNING THE ALWARD MUNICIPAL DRAIN
IN THE MUNICIPALITY OF BAYHAM
NOTICE TO AFFECTED PROPERTY OWNERS
Drainage Act R.S.O. 1990, Chapter D.17, Section 46
TAKE NOTICE that in accordance with Chap. D.17, Section 46 of the DRAINAGE ACT, the Council of the
Corporation of the Municipality of Bayham, on Thursday, April 5, 2018, adopted Report No. 217145, dated
January 19, 2018, revised March 5, 2018 as prepared by Spriet Associates in regard to drainage works for
the construction of the Alward Municipal Drain serving Parts of Lot 126, Concession 6, in the Municipality of
Bayham.
FURTHER to Chap. D. 17, Section 46 of the DRAINAGE ACT, the Council of the Corporation of the
Municipality of Bayham, on Thursday, April 5, 2018 gave first and second reading to Provisional By-law
#2018-040, a copy of which is enclosed, 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.
TAKE NOTICE that further to Section 46 of the DRAINAGE ACT, a Court of Revision will be held in the
Council Chambers of the Bayham Municipal Office, 56169 Heritage Line, Straffordville, on Thursday, May 3,
2018 at 8:00 p.m., to provide an opportunity for any person or body entitled to receive notice, to appeal their
assessment. An owner may appeal the owner's assessment to the Court of Revision by a notice given
to the Clerk of the Municipality not later than 12:00 p.m. (noon) Monday, April 23, 2018 which is ten
(10) days prior to the first sitting of the Court of Revision.
ADDITIONAL INFORMATION relating to this Notice or 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
9th day of April, 2018.
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The Corporation of the Municipality of Bayham
NOTICE OF COURT OF REVISION
CONCERNING THE FERNLEY MUNICIPAL DRAIN
IN THE MUNICIPALITY OF BAYHAM
NOTICE TO AFFECTED PROPERTY OWNERS
Drainage Act R.S.O. 1990, Chapter D.17, Section 46
TAKE NOTICE that in accordance with Chap. D.17, Section 46 of the DRAINAGE ACT, the Council of the
Corporation of the Municipality of Bayham, on Thursday, April 5, 2018, adopted Report No. 216088, dated
January 3, 2018, revised March 5, 2018 as prepared by Spriet Associates in regard to drainage works for the
reconstruction of the Fernley Municipal Drain serving Parts of Lots 7 to 9, Concessions 1 and 2, in the
Municipality of Bayham.
FURTHER to Chap. D. 17, Section 46 of the DRAINAGE ACT, the Council of the Corporation of the
Municipality of Bayham, on Thursday, April 5, 2018 gave first and second reading to Provisional By-law
#2018-041, a copy of which is enclosed, 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.
TAKE NOTICE that further to Section 46 of the DRAINAGE ACT, a Court of Revision will be held in the
Council Chambers of the Bayham Municipal Office, 56169 Heritage Line, Straffordville, on Thursday, May 3,
2018 at 8:00 p.m., to provide an opportunity for any person or body entitled to receive notice, to appeal their
assessment. An owner may appeal the owner's assessment to the Court of Revision by a notice given
to the Clerk of the Municipality not later than 12:00 p.m. (noon) Monday, April 23, 2018 which is ten
(10) days prior to the first sitting of the Court of Revision.
ADDITIONAL INFORMATION relating to this Notice or 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 1 Y0, 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
9th day of April, 2018.
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TO: Mayor & Members of Council
FROM: Bill Knifton, Chief Building Official I Drainage Superintendent
DATE: May 3, 2018
REPORT: DS-27/18 FILE NO. C-07/E09
SUBJECT: ALWARD STREET DRAIN COURT OF REVISION
BACKGROUND:
The purpose of this report is to provide for a Court of Revision hearing in connection with the
Alward Street Municipal Drain.
On Thursday April 5, 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
#217145 dated January 19, 2018 and revised March 5, 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 April 5, 2018 gave first and second reading to Provisional By-Law#
2018-040 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 3rd 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 not received any written notice of appeals.
Therefore, the Court of Revision should 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
In the event no appeals are received it is recommended that the Court of Revision consider the
following resolution:
THAT the Court of Revision for the Alward Street Municipal Drain hereby confirms the
assessments as per the Engineer's Report# 217145 dated January 19, 2018 and revised
March 5, 2018.
Respectfully Submitted by:
Bill Knifton
Chief Building Official I CA CI-r
Drainage Superintendent
.,.., REPORT
II.
DEVELOPMENT SERVICES
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TO: Mayor & Members of Council
FROM: Bill Knifton, Chief Building Official I Drainage Superintendent
DATE: May 3, 2018
REPORT: DS-28/18 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 April 5, 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 and revised March 5, 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 April 5, 2018 gave first and second reading to Provisional By-Law#
2018-041 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 3' 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 April 20, 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-28/18 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 agrees with Mr. Broughton's appeal, the Court shall adjust
the assessments accordingly as: (to be determined at the meeting)
OR
AND THAT the Court of Revision for the Fernley Municipal Drain hereby confirms the
assessments as per the Engineer's Report# 216088 dated January 3, 2018 and revised
March 5, 2018.
Respectfully Submitted by:
Bill Knifton
Chief Building OfficialICAO I ylr"
Drainage Superintendent