HomeMy WebLinkAboutMarch 07, 2024 - Court of Revision - Peters Drain Branch DTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COURT OF REVISION AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON
Council Chambers - HYBRID Thursday, March 7, 2024 8:00 p.m. – Peters Drain Branch D The March 7, 2024 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. Peters Municipal Drain Branch D 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 #222225, dated December 6, 2023, as prepared by Spriet Associates. 4. STAFF PRESENTATION A. Report DR-04/24 by Steve Adams, Manager of Public Works / Drainage Superintendent
re Peters Drain Branch ‘D’ Court of Revision
5. PUBLIC PARTICIPATION
6. DISPOSITION
7. ADJOURNMENT
The Corporation of the Municipality of Bayham
NOTICE OF COURT OF REVISION
CONCERNING PETERS DRAIN BRANCH D
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, February 1, 2024 adopted Report No.
222225, dated December 6, 2023 as prepared by Spriet Associates in regard to construction of a new
branch of the Peters Drain to be referred to as the Peters Drain Branch “D”, serving parts of Lots 6,
Concession 9 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, February 1, 2024 gave a first and second reading to Provisional
By-law No. 2024-004, 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,
March 7, 2024 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, February
26, 2024 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 5th day of February, 2024.
Meagan Elliott
Clerk
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-004
A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS
IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN
KNOWN AS THE PETERS DRAIN BRANCH D
WHEREAS the Engineer Spriet Associates on behalf of the Municipality of Bayham in
accordance with Section #78(1) of the Drainage Act, R.S.O. 1990, requests that the following
lands and roads be drained by drainage works:
Parts of Lots 6, Concessions 9 in the Municipality of Bayham
AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No.
222225, prepared by Spriet Associates, dated December 6, 2023, which is attached hereto as
Schedule "A", and forms part of this By-law.
AND WHEREAS the estimated total cost of constructing the drainage work is $8,900.00;
AND WHEREAS the Council is of the opinion that the drainage of the area is desirable;
NOW THEREFORE the Council of the Municipality of Bayham enacts as follows:
Engineer Report No. 222225, dated December 6, 2023 and attached hereto, is hereby
adopted and the drainage works as therein indicated and set forth are hereby authorized
and shall be completed in accordance therewith;
The Corporation of the Municipality of Bayham may borrow, on the credit of the
Corporation, the amount of $8,900.00 being the amount necessary for the drainage
works or other tendered and awarded amount by Council;
The Corporation may arrange for the issue of debentures on its behalf for the amount
borrowed less the total amount of,
a) grants received under Section #85 of the Act;
b) commuted payments made in respect of lands and roads assessed within the
municipality;
c) monies paid under Subsection #61(3) of the Act; and
monies assessed in and payable by another municipality, and such debentures shall be made
payable within five (5) years from the date of the debenture and shall bear interest at the rate
established by the Ontario Ministry of Agriculture, Food and Rural Affairs pursuant to the Tile
Drainage Act as of the date of passing of this By-law.
By-law No. 2024-004 - -
A special equal rate sufficient to redeem the principal and interest on the debentures shall be
levied upon the lands and roads as set forth in the attached Schedule "A" to be collected in the
same manner and at the same time as other taxes are collected in each year for five (5) years
after the passing of this by-law.
4. For paying the amount of $0 being the amount assessed upon the lands and roads
belonging to or controlled by the municipality, a special rate sufficient to pay the amount
assessed plus interest thereon shall be levied upon the whole rateable property in the
Municipality of Bayham in each year for five (5) years after the passing of this
Provisional By-law to be collected in the same manner and at the same time as other
taxes are collected.
All assessments of $500.00 or less are payable in the first year in which the assessment
is imposed.
This By-law comes into force on the passing thereof.
READ A FIRST AND SECOND TIME this 1st day of February, 2024 and provisionally
adopted this 1st day of February, 2024.
MAYOR CLERK
READ A THIRD TIME AND FINALLY PASSED this day of
MAYOR CLERK
REPORT
DRAINAGE
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works|Drainage Superintendent
DATE: March 7, 2024
REPORT: DR-04/24 SUBJECT: PETERS DRAIN BRANCH ‘D’ COURT OF REVISION
BACKGROUND:
The purpose of this Report is to provide for a Court of Revision hearing in connection with the
Peters Drain Branch ‘D’.
On Thursday, February 1, 2024 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 #222225, dated December 6, 2023, as prepared by Spriet Associates. Filed with the
Clerk on December 8, 2023.
Further to Section 46 of the Drainage Act, the Council of the Corporation of the Municipality of
Bayham on Thursday, February 1, 2024 gave first and second reading to Provisional By-Law
No. 2024-004 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-04/24 re Peters Drain Branch ‘D’ Court of Revision be received for
information;
AND THAT the Court of Revision acknowledge that no appeals have been received with
respect to the Peters Drain Branch ‘D’ assessments outlined in Engineer’s Report #222225;
AND THAT Engineer Report #222225, dated December 6, 2023, for the Peters Drain
Branch ‘D’ be adopted as presented;
AND THAT corresponding By-law No. 2024-004 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