November 25, 2004 Court of Revision
M I N U T E S
OF THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
COURT OF REVISION
WEST ELGIN COUNCIL CHAMBERS
NOVEMBER 25, 2004
MEMBERS PRESENT:
Chair: Trudy Balint
Members: Mary Bodnar, Graham Warwick, Mike
Mooser, Bernie Wiehle
STAFF PRESENT:
Joanne Groch Administrator/Treasurer
Norma Bryant Clerk
SUBJECT: COURT OF REVISION – THOMPSON DRAIN
Also in attendance: J.M. Spriet – P. Eng., Bryan & Janet Pinder, Larry Murphy,
Tim & Diane McFadden, Alan Vandenbrink
RES. NO. 1 Moved by Bodnar
Seconded by Mooser
RESOLVED that the Court of Revision for the Thompson Drain be
convened.
DISPOSITION: Carried
The Clerk informed those present that three appeals had been received. The
Clerk read letters from Mr. Larry Murphy, Tim & Diane McFadden, Bryan & Janet
Pinder.
The Engineer noted that assessment is broken into two parts; benefit applies
when the drain is on the property, outlet applies where water from the property
contributes to the drain.
The Chair noted that two appeals deal with outlet (Pinder, McFadden) and one
with benefit (Murphy).
The Engineer reported that the Court can reduce outlet assessment based on
runoff and that the reduction would be assessed to other properties. Benefit is
based on rate per metre.
Mr. Pinder presented a sketch to the Court, which showed the area on his
property covered by bush and asked why this wasn’t included in the report.
The Engineer noted that the Thompson Drain is an existing drain with an
established watershed through previous reports. The previous reports were
reviewed and used. No survey work was done. The amount and location of
bush was not presented for discussion at previous meetings.
RES. NO. 2 Moved by Bodnar
Seconded by Mooser
RESOLVED that the Court of Revision agrees to hear the verbal
appeal from Alan Vandenbrink.
DISPOSITION: Carried
November 25, 2004…….P. 2 of 2
Mr. Vandenbrink reported that approximately 58 acres of his workable land drains
to the Thompson Drain. However, it is bush and swamp with no surface runoff.
The bush runoff goes to the ditch along Downie Line.
Mr. Pinder reported that a Drainage Tribunal has reduced the assessment on
bush lot by 50% and feels this should apply here. Mr. Vandenbrink agreed.
After discussion the Chair noted that it is appears that the Court wishes the
assessment for the bush be reviewed and assessment schedule revised.
Mr. Murphy is questioning the amount of benefit applied to his property. Why is
the land assessed as agriculture for the purpose of this drain? Where does the
water come from, there is no catch basin on the property. He noted that he is
losing 1/3 of his land due to setbacks, etc.
Mr. Spriet noted that under the Drainage Act it is considered a benefit and the
previous reports had a higher benefit. The benefit has been calculated at $44.00
per metre.
Member Warwick enquired about the benefit for the municipal water tower. He
feels that it should be higher than the regular benefit of $600.00. Connecting a
private line to the drain allows a quicker flow from the water tower,
It was agreed that the benefit should be reviewed.
RES. NO. 3 Moved by Mooser
Seconded by Wiehle
RESOLVED that the Court of Revision for the Thompson Drain
direct the Engineer to re-evaluate the assessment schedule.
RES. NO. 4 Moved by Bodnar
Seconded by Wiehle
RESOLVED that there being no further business, the Court of
Revision on the Thompson Drain be adjourned.
DISPOSITION: Carried
th
These minutes were adopted on the 9 day of December 2004.
_______________________________ __________________________
MAYOR CLERK