HomeMy WebLinkAboutFCS-15-143 - Court of Revision Appointments
REPORT TO: Committee of the Whole
DATE OF MEETING: October 5, 2015
SUBMITTED BY: C. Tarling, Director of Legislated Services & City Clerk, (519) 741-
2200 ext. 7809
PREPARED BY: C. Goodeve, Manager of Council / Committee Services & Deputy
City Clerk, (519) 741-2200 ext. 7278
WARD(S) INVOLVED: All
DATE OF REPORT: September 24, 2015
REPORT NO.: FCS-15-143
SUBJECT: APPOINTMENTS TO THE COMMITTEE / COURT OF REVISION
___________________________________________________________________________
RECOMMENDATION:
That Councillors ________, ________, ________ and ________, be appointed to
the Committee of Revision / Court of Revision for a one year term ending on
November 30, 2016.
BACKGROUND:
The Committee of Revision / Court of Revision is responsible for the following:
hearing of complaints against proposed assessment for municipal drainage
charges and special assessments for local improvements such as sewers,
sidewalks, curbs and gutters;
reviewing proposed municipal drainage assessments and special assessments
for local improvements and correcting the same in certain instances;
possible reductions to special assessments for local improvements after
certification of the special assessment roll; and,
possible specific assessment of lots for local improvements.
Section 97.(1) of the Drainage Act provides that a Court of Revision shall consist of
three or five members appointed by Council. On November 17, 2014, Councillors Z.
Janecki and D. Schnider were appointed to the Court of Revision for a one year term,
with Mayor B. Vrbanovic as an ex-officio member. The current term of the Court of
Revision is scheduled to end as of November 30, 2015. It should be noted that it has
been over nine years since the last time the Court of Revision was required to meet.
*** This information is available in accessible formats upon request. ***
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REPORT:
Appointments to the Committee / Court of Revision typically occur at the annual Striking
Committee meeting in November. The timeframe for appointments is proposed to be
accelerated to ensure compliance with the requirements of the Drainage Act in
connection with the Engineering Report for the Gravel Ridge Drain (Activa Drainage
Petition); listed as Clause 2 on the October 5, 2015 Planning and Strategic Initiatives
Committee report. Additionally, it is being recommended that the composition of the
Committee / Court of Revision be increased by two members for a total of four, plus the
Mayor as an ex-officio member; thereby affording greater flexibility to schedule
hearings. Quorum is a majority of members present. Accordingly, a three member
Committee would require two members and a five member Committee would only
require three members to be in attendance.
Pending the approval of the Engineering Report and provisional by-law at the October
5, 2015 Council meeting, staff has thirty days to provide notice to all effected property
owners and public agencies as to the time and place of the sitting of the Court of
Revision. The Court of Revision hearing for the Gravel Ridge Drain matter must be held
not earlier than twenty nor later than thirty days from the date of sending the subject
notice. Based on these requirements, the notice must be sent no later than November
4, 2015 and the Court of Revision must meet on or before December 4, 2015. In
preparation for the upcoming Court of Revision hearing, staff investigated the availability
of the existing members in relation to the prescribed timeframe. Unfortunately,
challenges have been identified in coordinating all of the necessary schedules, which
precipitated the need for the recommendation contained herein.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievement of the City’s strategic
vision through the delivery of core services.
FINANCIAL IMPLICATIONS:
There are no financial implications associated with this report.
COMMUNITY ENGAGEMENT:
INFORM - This report has been posted to the City’s website with the agenda in advance
of the October 5, 2015 Council meeting.
PREVIOUS CONSIDERATION OF THIS MATTER:
Report CRPS-06-056 - Court of Revision - Appointment of Alternate Member -
April 3, 2006 Council meeting.
Report FCS-14-178 - Procedural Nominating Committee - Appointments to
Advisory Committees (2014-2016) - November 17, 2014 special Council meeting.
ACKNOWLEDGED BY:
D. Chapman, Deputy CAO - Finance & Corporate Services
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