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Home My WebLink AboutJune 16, 2022 - Court of Revision - Hampton Drain ImprovementsTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COURT OF REVISION AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, June 16, 2022 8:00 p.m. – Hampton 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. Hampton Municipal 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 #220242 dated March 15, 2022 as prepared by Spriet Associates 4. STAFF PRESENTATION A. Report DS-36/22 by Steve Adams, Manager of Public Works / Drainage Superintendent re Hampton Drain Improvements Court of Revision 5. PUBLIC PARTICIPATION 6. DISPOSITION 7. ADJOURNMENT The Corporation of the Municipality of Bayham NOTICE OF COURT OF REVISION CONCERNING THE HAMPTON 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, May 19, 2022 adopted Report No. 220242, dated March 15, 2022 as prepared by Spriet Associates in regard to drainage works for the reconstruction of the Hampton Municipal Drain serving parts of Lots 118 to 120, Concessions 5 and South Gore, 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, May 19, 2022 gave first and second reading to Provisional By-law #2022-034, 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, June 16, 2022 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, June 6, 2022 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 Manager of Public Works/Drainage Superintendent Steve Adams at the Bayham Municipal Office, 56169 Heritage Line, PO Box 160, Straffordville, Ontario N0J 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 May, 2022. Thomas Thayer CAO|Clerk REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Steve Adams, Manager of Public Works / Drainage Superintendent DATE: June 16, 2022 REPORT: DS-36/22 SUBJECT: HAMPTON DRAIN IMPROVEMENTS COURT OF REVISION BACKGROUND: The purpose of this Report is to provide for a Court of Revision hearing in connection with the Hampton Drain Improvements. On Thursday, May 19, 2022 and 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 #220242, dated March 15, 2022, 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, May 19, 2022 gave first and second reading to Provisional By-Law No. 2022-034 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 grounds of appeal is that lands or roads are assessed too high and the evidence provided 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 received two (2) written appeals; Bob Gregson, May 30, 2022 and Scott Gregson, June 6, 2022. 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. As two (2) appeals were received, staff are providing the Recommendation as an Either/Or for Council’s consideration. ATTACHMENTS 1. Correspondence from Bob Gregson, dated May 30, 2022 2. Correspondence from Scott Gregson, dated June 6, 2022 RECOMMENDATION THAT Report DS-36/22 re Hampton Drain Improvements Court of Revision be received for information; AND THAT the Court of Revision acknowledge the appeals received from Bob Gregson and Scott Gregson regarding their assessments being too high; EITHER AND THAT the Court of Revision for the Hampton Drain Improvements hereby directs the Engineer to make the appropriate changes to Engineer’s Report #220242 dated March 15, 2022 as requested by Bob Gregson and Scott Gregson; AND THAT the Court of Revision direct the Engineer to re-submit the revised Report when the changes are completed. OR AND THAT the Court of Revision for the Hampton Drain Improvements hereby accepts and approves Engineer’s Report #220242 as presented. Respectfully Submitted by: _________________________________ _____________________________ Steve Adams Thomas Thayer, CMO Manager of Public Works CAO|Clerk Drainage Superintendent -----Original Message----- From: Scott Gregson [mailto:s6rg@hotmail.com] Sent: June 6, 2022 8:48 AM To: Thomas Thayer <cao@bayham.on.ca> Subject: Hampton Municipal Dani CAUTION: This email originated from outside of the Municipality of Bayham email system. Please use caution when clicking links or opening attachments unless you recognize the sender and know the content is safe. Dear sir; Please accept this as notice of my objection (appeal) to the assessment. Yours truly Scott Gregson