HomeMy WebLinkAboutMarch 20, 2025 - Public - Bartley DrainTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
DRAINAGE PUBLIC MEETING AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, March 20, 2025
8:00 p.m. – Bratley Drain
The March 20, 2025 Drainage Public 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. PURPOSE OF THE MEETING
A. Bartley Drain Public Notice
Pursuant to Chapter D17, Section 41 of the Drainage Act the purpose of the public
meeting is to consider Engineer’s Report #224135 regarding the reassessment on the
Bartley Drain serving Parts of Lots 4 to 9, Concessions 8 and 9.
4. STAFF PRESENTATION
A. Report DR-02/25 by Steve Adams, Manager of Public Works/Drainage Superintendent
re Bartley Drain Reassessment Consideration Report
5. ENGINEERS REMARKS
6. PUBLIC PARTICIPATION
7. CORRESPONDENCE
8. DISPOSITION
9. ADJOURNMENT
The Corporation of the Municipality of Bayham
NOTICE OF A PUBLIC MEETING
CONCERNING THE PROPOSED DRAINAGE WORKS FOR THE
BARTLEY MUNICIPAL DRAIN
IN THE MUNICIPALITY OF BAYHAM
TAKE NOTICE that further to Chap. D.17, Section 41 of the DRAINAGE ACT, the Council of the
Corporation of the Municipality of Bayham will hold a public meeting on Thursday, March 20, 2025
at 8:00 p.m. at the Bayham Municipal Office, 56169 Heritage Line, Straffordville Ontario.
THE PURPOSE of the meeting is to inform area landowners that Council will consider the enclosed
Engineer’s Report #224135 filed with the Clerk at the Bayham Municipal Office on February 26,
2025 regarding the reassessment on the Bartley Drain serving parts of Lots 4 to 9, Concessions 8
and 9 in the Municipality of Bayham.
ANY PERSON may attend the meeting and/or make a written or verbal representation in support of,
or in opposition to the proposed drainage works by forwarding your comments to the Municipal Office
prior to the meeting.
ADDITIONAL INFORMATION relating to the proposed drainage works may be obtained by
contacting the Drainage Superintendent Steve Adams at the Municipal Office, 56169 Heritage Line,
PO Box 160, Straffordville, Ontario N0J 1Y0, Telephone: 519-866-5521, Monday – Friday 8:30 a.m.
– 4:30 p.m.
Dated at STRAFFORDVILLE, in the MUNICIPALITY OF BAYHAM, in the PROVINCE OF
ONTARIO, this 3rd day of March, 2025.
Meagan Elliott
Clerk
Municipality of Bayham
BARTLEY DRAIN
REASSESSMENT
REPORT
DRAINAGE
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works|Drainage Superintendent
DATE: March 20, 2025
REPORT: DR-02/25 SUBJECT: BARTLEY DRAIN REASSESSMENT CONSIDERATION REPORT
BACKGROUND
The purpose of this Report is to hold a Public Meeting to consider Spriet Associates’ Engineer’s
Report No. 224135, received from Spriet Associates and dated February 20, 2025, and filed
with the Clerk on February 26, 2025.
On May 2, 2024, Council of The Corporation of the Municipality of Bayham passed the following
motion:
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT Report DR-08/24 re Bartley Drain Updated Assessment Schedule be received for
information;
AND THAT the Council of the Municipality of Bayham appoints Spriet Associates to
prepare an updated maintenance schedule pursuant to Section 76(1) of the Drainage Act,
for Council’s consideration.
The Bartley Municipal Drain was a Municipal Drain reconstructed in 2000-2001 under By-law
No. 2000-104, for the Bartley open ditch portion and the Smith open ditch portion. Staff received
notice in January 2024 from a benefiting landowner in respect to the state of the Bartley Drain
open ditch portion. Staff have since investigated and inspected the entirety of the open portion
of the Bartley Drain that also outlets water from the Smith Branch. Staff has determined the
condition of approximately 1100 metres of open ditch is poor.
The watershed area is roughly 200 hectares (500 acres) of property with more than 80 different
landowners assessed. Since the reconstruction, three (3) additional branches have been added
to the Drain. Staff talked to many landowners along the municipal ditch and have identified that
little to no maintenance has been provided in the past since the reconstruction in early 2001.
Sections 74 of the Drainage Act, RSO 1990, D 17, as amended, speaks to Maintenance of
Drainage Works and Cost. Section 74 states:
“Any drainage works constructed under a By-law passed under this Act or any predecessor
of this Act, relating to the construction or improvement of a drainage works by a local
assessment, shall be maintained and repaired by each local municipality through which it
passes, to the extent that such drainage works lies within the limits of such municipality, at
the expense of all upstream lands and roads in any way assessed for the construction or
improvement of the drainage works and in the proportion determined by the then current by-
law pertaining thereto until, in the case of each municipality, such provision for maintenance
or repair is varied or otherwise determined by an engineer in a report or on appeal
therefrom.”1
On February 26, 2025, the Engineer’s Report No. 224135 was submitted to the Municipal Clerk
as the Bartley Drain Reassessment report. This updated Report combines previous reports and
corrects outdated or inaccurate property information. It also addresses additional issues as
future maintenance on the drain is carried out.
On March 3, 2025, staff proceeded to mail a Notice under the Drainage Act of Public Meeting to
all interested parties. A Notice of Public Meeting, pursuant to Chapter D17, Section 41 of the
Drainage Act, was prepared. This Notice confirmed that the Municipality will hold a Public
Meeting on Thursday March 20, 2024 at 8 p.m. to consider the Reassessment Report of the
drainage works known as the Bartley Drain. The Notice of Public Meeting and a copy of the
Engineer’s Report were mailed to:
(a) Every landowner within the area requiring drainage.
(b) Clerk of every other local municipality in which any land or road that is assessed for the
drainage works, or for which compensation or other allowances have been provided in the
report is situate.
(c) Any public utility, railway company or road authority that may be affected.
(d) Long Point Region Conservation Authority.
(e) The Ministry of Natural Resources.
(d) The Director, of the Ministry of Agriculture, Food and Rural Affairs.
DISCUSSION
Staff confirm that this meeting is being held in accordance with the Drainage Act. However,
since the drain already exists, Council and the public can address aspects of the current report's
design. The next meeting, which will take place at the Court of Revision, will be the appropriate
time to discuss the assessments.
If the petition comply with Section 4, Council may proceed to adopt the report by giving two
readings to the attached Provisional By-Law.
STRATEGIC PLAN
Not applicable.
RECOMMENDATION
THAT Report DR-02/25 re Bartley Drain Reassessment Consideration Report be received
for information;
AND THAT, in accordance with Sections 44 to 46 of the Drainage Act, the Council of The
Corporation of the Municipality of Bayham hereby adopts Spriet Associates Report No.
224135, dated February 20, 2025, referred to as the “Bartley Drain Reassessment” report;
ANDTHAT Provisional By-law No. 2025-021 be given first and second reading;
AND THAT the Clerk be directed to distribute copies of the Provisional By-law and Notice
of the time and place of the first sitting of the Court of Revision to the affected parties
pursuant to Section 46(2) of the Drainage Act;
AND THAT a date of April 17, 2025 at 8:00 p.m. be set for the first sitting of the Court of
Revision.
Respectfully Submitted by: Reviewed by:
Steve Adams Thomas Thayer, CMO, AOMC
Manager of Public Works|Drainage Superintendent Chief Administrative Officer