HomeMy WebLinkAboutDecember 20, 2018 - Court of Revision THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COURT OF REVISION AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, December 20, 2018
8:00 p.m.
A. Branch `A' of the No.1 Drain
B. Eden Drain Branches 'B' & 'C'
1. CALL TO ORDER
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
3. CHAIRMAN'S REMARKS ON THE PURPOSE OF THE MEETING
A. Branch 'A' of the No.1 Drain Notice of Court of Revision
Pursuant to Chapter D17, Section 41 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#218030 dated October 17, 2018 as
prepared by Spriet Associates
B. Eden Municipal Drain Branches 'B' & 'C'
Pursuant to Chapter D17, Section 41 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#206114 dated October 31, 2018 as
prepared by Spriet Associates
4. STAFF PRESENTATION
A. Report DS-65/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re
Branch 'A' of the No.1 Drain Court of Revision
B. Report DS-67/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re
Eden Drain — Branch 'B' & 'C' 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 BRANCH 'A' OF THE NO.1 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, November 15, 2018, adopted Report No. 218030
dated October 17, 2018 as prepared by Spriet Associates in regard to drainage works for the construction of
the Branch 'A' of the No.1 Drain serving Parts of Lots 129 to 132, Concessions 6 and 7, within 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, November 15, 2018 gave first and second reading to Provisional By-
law #2018-093, 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,
December 20, 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, December 10
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
20th day of November, 2018.
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The Corporation of the Municipality of Bayham
NOTICE OF COURT OF REVISION
CONCERNING THE EDEN MUNICIPAL DRAIN BRANCHES 'B' & 'C'
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, December 20, 2018, will be presented with Report
No. 206114 dated October 31, 2018 as prepared by Spriet Associates in regard to drainage works for the
construction of the Eden Municipal Drain Branches 'B' and 'C' serving Parts of Lots 22 & 23, Concession 9,
within 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, December 20, 2018 will have the option to give first and second reading
to Provisional By-law#2018-094, 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,
December 20, 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, December 10
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
20th day of November, 2018.
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Paul Ship .y
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TO: Mayor & Members of Council
FROM: Bill Knifton, Chief Building Official I Drainage Superintendent
DATE: December 20, 2018
REPORT: DS-65/18 FILE NO. C-07/E09
SUBJECT: BRANCH A OF THE NO.1 DRAIN COURT OF REVISION
BACKGROUND:
The purpose of this report is to provide for a Court of Revision hearing in connection with the
Branch A of the NO.1 Municipal Drain.
On Thursday November 15, 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#218030 dated October 17, 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 November 15, 2018 gave first and second reading to Provisional By-Law
# 2018-093 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 31d 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 Branch A of the NO.1 Municipal Drain hereby confirms
the assessments as per the Engineer's Report#218030 dated October 17, 2018.
Respectfully Submitted by:
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Bill Knifton /T"S-ipway/Chief Building Official I O I Clerk
Drainage Superintendent
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TO: Mayor & Members of Council
FROM: Bill Knifton, Chief Building Official I Drainage Superintendent
DATE: December 20, 2018
REPORT: DS-67/18 FILE NO. C-07/E09
SUBJECT: EDEN DRAIN — BRANCHES B AND C COURT OF REVISION
BACKGROUND:
The purpose of this report is to provide for a Court of Revision hearing in connection with the
Eden Drain — Branches B and C.
On Thursday December 20, 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#206114 dated October 31, 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 December 20, 2018 gave first and second reading to Provisional By-Law
# 2018-094 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 58 of the Drainage Act specifies that after the Court of Revision and there are no
appeals , the Council may pass a Provisional By-law authorizing the construction of the
drainage works. 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:
In this instance the petitioner is solely responsible for the entire cost of the Drainage works and
has stated earlier in the design process he does not want to appeal the costs.
RECOMMENDATION
It is recommended that the Court of Revision consider the following resolution:
THAT the Court of Revision for the Eden Drain — Branches B and C hereby confirms the
assessments as per the Engineer's Report# 206114 dated October 31, 2018.
Respectfully Submitted by:
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Bill Knifton Paul Ship' ay
Chief Building Official I CAO I Clerk
Drainage Superintendent