HomeMy WebLinkAboutRevision - 2015-11-12
COURT OF REVISION MINUTES
NOVEMBER 12, 2015 CITY OF KITCHENER
The Court of Revision commenced this date at 12:31 p.m.
Present: Councillor Y. Fernandes - Chair
Councillors B. Ioannidis and D. Schnider.
Staff: C. Goodeve, Manager, Council and Committee Services / Deputy Clerk
E. Riek, Project Manager, Engineering
D. Livingstone, Committee Administrator
D. Saunderson, Committee Administrator
This meeting of the Court of Revision was called to consider any appeals respecting assessments or
Drainage Act
concerns regarding the Engineers Report related to the . Notice of the meeting had
previously been given by mail to all affected property owners.
REVIEW OF THE ROLE, POWERS AND THE HEARING PROCESS
1.
The Court was in receipt this date of correspondence entitled “Court of Revision - Procedures,”
and “Understanding Court of Revision: Procedures Under the Drainage Act”, dated February
2010. Mr. John Kuntze, K. Smart, Associates Limited reviewed the presentation, which
Drainage Act
pertains to the Court’s roles and powers to hear appeals under the .
ELECTION OF CHAIR
2.
Mr. C. Goodeve opened the floor to nominations for the position of Court Chair. Councillor D.
Schnider nominated Councillor Y. Fernandes, who agreed to stand for nomination. No other
nominations were forthcoming.
On motion by Councillor D. Schnider -
it was resolved:
“That Councillor Y. Fernandes be appointed Chair of the Court of Revision for a term to
expire November 30, 2016.”
GRAVEL RIDGE DRAIN - DRAINAGE PETITION BY ACTIVA HOLDINGS INC.
3.
- SUSANNAH STREET SITE
Appearances:
City Appointed Engineer: Mr. J. Kuntze, K. Smart, Associates Limited
Appellants: None
Mr. C. Goodeve advised Council inadvertently gave three readings to the Provisional By-law
Drainage Act,
regarding the subject matter on October 26, 2015. He added Section 45 of the
does not permit the giving of three readings until such time as the Court of Revision has been
th
convened; therefore, it nullifies what transpired on October 26 as if it never occurred. He
noted the Provisional By-law would be brought forward for third reading once the appeal
Act
timeframe provided for in the has expired.
Mr. Kuntz advised since no one was in attendance this date to file an appeal, he requested the
Court pass a motion to uphold the final Engineers Report. He added since there is no formal
appeal period following the Courts recommendation, Council can proceed with the third
reading of the By-law at the next subsequent Council meeting and the work could proceed
following a Certificate of Completion being issued.
On motion by Councillor D. Schnider -
it was resolved:
“That Schedule ‘A’ in the Gravel Ridge Drain report, dated August 31, 2015, prepared
by K. Smart Associates Limited, be upheld as no appeals were received.”
COURT OF REVISION MINUTES
NOVEMBER 12, 2015 - 2 - CITY OF KITCHENER
ADJOURNMENT
4.
On motion, this meeting adjourned at 1:08 p.m.
D. Saunderson
Committee Administrator