HomeMy WebLinkAboutSeptember 21, 2023 - Court of Revision - Hampton DrainTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COURT OF REVISION AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers - HYBRID Thursday, September 21, 2023 8:00 p.m. – Hampton Drain Improvements
The September 21, 2023 Court of Revision Meeting 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 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 June 5, 2023 as
prepared by Spriet Associates 4. STAFF PRESENTATION A. Report DR-05/23 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, August 17, 2023 adopted Report No. 220242, dated
June 5, 2023 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, August 17, 2023 gave first and second reading to Provisional By-
law No. 2023-065, 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,
September 21, 2023 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, September
11, 2023 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 25th day of August, 2023.
Meagan Elliott Clerk
HAMPTON DRAIN
Municipality of Bayham³
REPORT
DRAINAGE
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works|Drainage Superintendent
DATE: September 21, 2023
REPORT: DR-05/23 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’s Report #220242, dated March 15, 2022, as prepared by Spriet Associates. A revised Report was resubmitted on June 5, 2023, filed with the clerk on July 24, 2023.
Further to Section 46 of the Drainage Act, the Council of the Corporation of the Municipality of Bayham on Thursday, August 17, 2023 gave first and second reading to Provisional By-Law No. 2023-065 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 no written appeals. 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.
STRATEGIC PLAN Not Applicable.
RECOMMENDATION
THAT Report DR-05/23 re Hampton Drain Improvements Court of Revision be received for information;
AND THAT the Court of Revision acknowledge that no appeals have been received with respect to the Hampton Drain Improvements assessments outlined in Engineer’s Report #220242;
AND THAT Engineer Report #220242, dated June 5, 2023, for the Hampton Drain Improvements be adopted as presented and that corresponding By-law No. 2023-065 be presented to Council for a third and final reading.
Respectfully Submitted by: Reviewed by: Steve Adams Thomas Thayer, CMO, AOMC Manager of Public Works|Drainage Superintendent Chief Administrative Officer