480 Sunset Drive Drain - Court of Revision
Mr. Brooks indicated that Council had considered and accepted the Drainage Report
at a prior Council meeting. This meeting is being held to allow affected landowners
to appeal their assessment on the drainage work regarding the following issues:
- 1. Any land or road that has been assessed too high or too low;
- 2. Any land or road that has been assessed that should not have been assessed;
- 3. That due consideration has been given to the technical end use.
Mr. Brooks also indicated that should the Court wish to adjust any assessments up
or down that the Court will have to add or subtract that assessment from another
landowner as the cost of the drainage project has not changed.
The Clerk indicated that there has been one appeal submitted to the Court from the
Port Stanley Terminal Rail Inc.
A representative from Spriet Associate's gave evidence that the appeal put forward
claimed that they were not served at all by this drain. In this situation here,
their property clearly makes use of this catch basin and storm sewer into the existing
County of Elgin storm sewer. So both their outlet and their benefit assessment I
believe stand based on those grounds.
Councillor Crevits commented that he thought that the Port Stanley Terminal Rail
was being unfairly treated and being assessed $2,800. The Spriet Associate's representative
responded indicating that they are being assessed $2,800 based on the fact that
that gives them an outlet. Under Section 26 of the Drainage Act typically when a
Railway or road creates a artificial obstruction, they are responsible for the
costs. In order to be fair to the Railway we have kept our benefit rates to approximately
half of what we would normally charge for a typical drain just to keep their cost
down as low as possible. On those grounds I don't believe that the $2,800 is an
unfair number, especially for the service that the outlet does provide the Railway
as an outlet.
A Motion by Councillor Fehr and Seconded by Roberts that the Court of Revision petition
schedule as presented by the Engineers from Spriet Associate's; And further that
staff are satisfied with decision of the Court of Revision which was pronounced on
the ninth day of December, 2019. Anyone may appeal this decision to the Agriculture,
Food and Rural Affairs Appeal Tribunal by filing a Notice of Appeal with the Clerk
of the Municipality within twenty-one days of this decision. Carried.