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Home My WebLink AboutApril 04, 2024 - Court of Revision - Eden Drain Branch CTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COURT OF REVISION AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers - HYBRID Thursday, April 4, 2024 8:00 p.m. – Eden Drain Branch C The April 4, 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 #223217, dated January 29, 2024 as prepared by Spriet Associates. 4. STAFF PRESENTATION A. Report DR-07/24 by Steve Adams, Manager of Public Works / Drainage Superintendent re Eden Drain Branch C Court of Revision 5. PUBLIC PARTICIPATION 6. DISPOSITION 7. ADJOURNMENT The Corporation of the Municipality of Bayham NOTICE OF COURT OF REVISION CONCERNING EDEN DRAIN BRANCH 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, March 7, 2024 adopted Report No. 223217, dated January 29, 2024 as prepared by Spriet Associates in regard to the proposed construction on Eden Drain Branch “C” serving parts of Lot 23, 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, March 7, 2024 gave a first and second reading to Provisional By- law No. 2024-010, 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, April 4, 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, March 25, 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 12th day of March, 2024. Meagan Elliott Clerk EDEN DRAIN BRANCH "C" Municipality ofBayham REPORT DRAINAGE TO: Mayor & Members of Council FROM: Steve Adams, Manager of Public Works|Drainage Superintendent DATE: April 4, 2024 REPORT: DR-07/24 SUBJECT: EDEN DRAIN BRANCH ‘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 Branch ‘C’. On Thursday, March 7, 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 #223217, dated January 29, 2024, as prepared by Spriet Associates. The report was filed with the Clerk on February 5, 2024. Further to Section 46 of the Drainage Act, the Council of the Corporation of the Municipality of Bayham on Thursday, March 7, 2024 gave first and second reading to Provisional By-Law No. 2024-010 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-07/24 re Eden Drain Branch ‘C’ Court of Revision be received for information; AND THAT the Court of Revision acknowledge that no appeals have been received with respect to the Eden Drain Branch ‘C’ assessments outlined in Engineer’s Report #223217; AND THAT Engineer Report #223217, dated January 29, 2024, for the Eden Drain Branch ‘C’ be adopted as presented; AND THAT corresponding By-law No. 2024-010 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