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Home My WebLink AboutSeptember 15, 2022 - Court of RevisionTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COURT OF REVISION AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers - HYBRID Thursday, September 15, 2022 8:00 p.m. – Hampton Drain Improvements The September 15, 2022 Hampton Drain Court of Revision will allow for a hybrid meeting function – you may attend in person or virtually through the live-stream on the Municipality of Bayham’s YouTube Channel: https://www.youtube.com/channel/UCpY8wjivr1zSsi0tvbgtUrg 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 – Second Sitting 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 the updated assessment schedule following the first Court of Revision held on June 16, 2022. 4. STAFF PRESENTATION A. Report DS-53/22 by Steve Adams, Manager of Public Works / Drainage Superintendent re Hampton Drain Improvements 2nd Court of Revision 5. PUBLIC PARTICIPATION 6. DISPOSITION 7. ADJOURNMENT The Corporation of the Municipality of Bayham NOTICE OF COURT OF REVISION – SECOND SITTING 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 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. On Thursday, June 16, 2022 at 8:00 p.m. the first Court of Revision was held. Two (2) appeals were received and the following motion passed: Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler 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 requesting a full removal of their assessments; AND THAT the Court of Revision for the Hampton Drain Improvements hereby directs the Engineer to decrease the Outlet charges on the lands in Engineer’s Report #220242 by $30,000 proportionally and redistribute the amount to Bonnefield (roll 3-138) as a Benefit assessment; AND THAT the Court of Revision direct the Engineer to re-submit the revised Report when the changes are completed. TAKE NOTICE that further to Section 46 of the DRAINAGE ACT, a Second Court of Revision will be held in the Council Chambers of the Bayham Municipal Office, 56169 Heritage Line, Straffordville, on Thursday, September 15, 2022 at 8:00 p.m., to provide an opportunity for any person or body entitled to receive notice, to appeal the revised assessment schedule that is attached to this notice. 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, September 5, 2022 which is ten (10) days prior to the second 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 23rd day of August, 2022. Thomas Thayer CAO|Clerk REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Steve Adams, Manager of Public Works / Drainage Superintendent DATE: September 15, 2022 REPORT: DS-53/22 SUBJECT: HAMPTON DRAIN IMPROVEMENTS SECOND SITTING OF THE COURT OF REVISION BACKGROUND: On June 16, 2022 at the first sitting of the Court of Revision, the Court passed the following; 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 requesting a full removal of their assessments; AND THAT the Court of Revision for the Hampton Drain Improvements hereby directs the Engineer to decrease the Outlet charges on the lands in Engineer' s Report # 220242 by $30, 000proportionally and redistribute the amount to Bonnefield (roll 3- 138) as a Benefit assessment; AND THAT the Court of Revision direct the Engineer to re -submit the revised Report when the changes are completed. 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: The Municipal Drainage Engineer Spriets and Associates re-submitted the adjusted schedule of assessments for Construction, Maintenance and the Total Net Assessment to the Municipality on August 8, 2022. The Deputy Clerk sent notice of the second sitting of the Court of Revision out on August 23, 2022. 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 sitting of the Court of Revision. The Clerk received two (2) written appeals; Bob Gregson, August 30, 2022 and Scott Gregson, September 5, 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 ATTACHMENTS 1. Updated Assessment Schedule 2. Correspondence from Bob Gregson, dated August 30, 2022 3. Correspondence from Scott Gregson, dated September 5, 2022 RECOMMENDATION THAT Report DS-53/22 re Hampton Drain Improvements second sitting of the Court of Revision be received for information; AND THAT the Court of Revision acknowledge the second appeals received from Bob Gregson and Scott Gregson regarding their assessments being too high; AND THAT the Court of Revision adopts the updated assessment schedule dated June 17, 2022 to Engineer Report #220242; AND THAT Provisional By-law No. 2022-034 include the updated assessment schedule and be presented to Council for a third and final reading. Respectfully Submitted by: _________________________________ _____________________________ Steve Adams Thomas Thayer, CMO Manager of Public Works CAO|Clerk Drainage Superintendent From: Scott Gregson [mailto:s6rg@hotmail.com] Sent: September 5, 2022 12:43 PM To: Meagan Elliott Subject: Re: June 16 Hampton Drain Court of Revision Meeting Hi Meagan, Please see my appeal below: I am appealing the assessment on the drain from the June 16th Hampton Drain Court of Revision Meeting. Once again, Robert Gregson will be representing me. Kind regards, Scott