The Citizen, 2018-03-15, Page 18PAGE 18. THE CITIZEN, THURSDAY, MARCH 15, 2018.
Landowners left with questions after drain cost rises
By Denny Scott
The Citizen
Approximately a dozen users of
the Blyth Creek Drain assembled at
the Brussels, Morris and Grey
Community Centre last week to
discuss some potentially expensive
drainage issues.
The issue stems back to John
Huether of Huether Farms filing a
request for maintenance of the drain
on Feb. 21, 2014.
The claim requested a "clean out",
and, shortly after filing the
paperwork, Huether says he was
presented with another form by
Morris-Turnberry staff that
requested improvements to the
drain.
To Huether, improvements to the
drain meant improving the flow of
water through the drain by cleaning
it, however, as he found out,
improvements can mean enhancing
the infrastructure of the waterway.
When he signed that document,
the end result diverged from the
clean out Huether thought he was
asking for to an over -$400,000
drainage project that will be
assessed to him and many of his
neighbours.
At the March 8 meeting, Huether
said the issue comes down to the
difference between a Section 74
drainage work request and a Section
78 drainage request. The former
allows a municipal drainage
supervisor to look after getting a
contractor and cleaning the drain
while the latter requires an
engineering report.
The Section 74 work, at the time it
was requested, could have cost less
than two per cent of the total cost of
the proposed Section 78 work that is
proposed now.
Huether and fellow landowner Jim
Phelan said that, since that Section
78 document was signed without
Huether understanding its
implication, the cost of the project
has increased from approximately
$250,000 last year and now to more
than $400,000. However, the
landowners maintain that the drain
only needs to be cleaned and,
unfortunately for them, Morris-
Turnberry Council has proceeded
with the Section 78 request despite
objections from Huether and Phelan.
"The problem is that, when we
vote the councillors in, they have the
power to make these decisions for
us," Huether said at the meeting.
"Council decided to go to the
Section 78 and, at the end of the day,
they have the power to do so"
Huether said he didn't believe the
engineering firm was working in the
best interest of the municipality and
the ratepayers in pushing for a
drainage redevelopment. He also
said he felt the municipality wasn't
working in his best interest when he
was handed a drainage request form
that included the possibility of such
an expensive project without it being
explained to him.
The assembled ratepayers were
presented with different options that
might be taken to try and prevent the
drain redevelopment from being
started by the municipality. Among
the options were convincing council
to rescind the Section 78 request and
re -instate the Section 74 request,
potential appeal processes and
drainage tribunals.
The stated intent of the group was
to have the municipality remove the
engineer from the project and have
the drainage superintendent have the
drain cleaned out.
Unfortunately, even that results in
a great many questions for the
landowners. At last estimate, in
2017, the work -to -date on the drain
had run $90,000 from the engineers
and those expenses will need to be
paid by someone.
Some landowners said it may fall
to Huether if the project is
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municipality is responsible for some
of the costs because he felt misled.
Many said that, if the project isn't
completed, there wouldn't be grants
available to help offset the cost.
The group of concerned
landowners were left with
instructions to contact council
regarding the issue by a fellow
landowner. Many of them signed a
petition urging council to stop the
Section 78 drainage project.
At the conclusion of the meeting,
Huether encouraged all landowners
on the drain to attend Morris-
Turnberry Council's March 20
meeting where he was requesting
deputation status to speak to council
about the ongoing matter.
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