HomeMy WebLinkAboutNovember 06, 2024 - Court of Revision - North St DrainTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COURT OF REVISION AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers - HYBRID
Wednesday, November 6, 2024
8:00 p.m. – North Street Drain
The November 6, 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. North Street 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 #224032, dated September 20, 2024
as prepared by Spriet Associates.
4. STAFF PRESENTATION
A. Report DR-13/24 by Steve Adams, Manager of Public Works / Drainage Superintendent
re North Street Drain Court of Revision
5. PUBLIC PARTICIPATION
6. DISPOSITION
7. ADJOURNMENT
The Corporation of the Municipality of Bayham
NOTICE OF COURT OF REVISION
CONCERNING THE NORTH STREET 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, October 17, 2024 adopted Report No.
224032, dated September 20, 2024 as prepared by Spriet Associates in regard to the proposed works on
the North Street Drain serving parts of Lots 14 and 15, Concession 3 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, October 17, 2024 gave a first and second reading to Provisional
By-law No. 2024-062, 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 Wednesday,
November 6, 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,
October 28, 2024.
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 22nd day of October, 2024.
Meagan Elliott
Clerk
REPORT
DRAINAGE
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works|Drainage Superintendent
DATE: November 6, 2024
REPORT: DR-13/24 SUBJECT: NORTH STREET DRAIN COURT OF REVISION
BACKGROUND:
The purpose of this Report is to provide for a Court of Revision hearing in connection with the
North Street Drain.
At its October 17, 2024 meeting, 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 No. 224032, dated September 20, 2024, as prepared by Spriet Associates and filed with
the Clerk on September 24, 2024.
Further to Section 46 of the Drainage Act, the Council of The Corporation of the Municipality of
Bayham on October 17, 2024 gave first and second reading to Provisional By-law No. 2024-062
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 ten (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-13/24 re North Street Drain Court of Revision be received for information;
AND THAT the Court of Revision acknowledge that no appeals have been received with
respect to the North Street Drain assessments outlined in Engineer’s Report No. 224032;
AND THAT Engineer’s Report No. 224032, dated September 20, 2024, for the North Street
Drain be adopted as presented;
AND THAT corresponding By-law No. 2024-062 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