Committee agrees to defer Mindemoya Drain bylaw

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MINDEMOYA—The Central Manitoulin water, waste and education committee has agreed to defer recommending the second and third readings of a bill for the final cost for the Mindemoya Drain to municipal council, until all information is provided in regards to why the total project cost for the drain and road work in the municipality has increased substantially.

“I’m not completely convinced there is not some wiggle room on this issue,” stated Mayor Richard Stephens at a committee meeting last week. “I do not feel comfortable making a decision until all the facts are brought on this issue so council can make the right decision. It has been a year in the process and I feel waiting another week or so, until we have all the information we need together, that this bylaw should be deferred to committee again (for its next meeting).”

As has been reported previously, Mayor Stephens said the total cost of the project was $2.5 million but $1.44 was being funded (the non-drain portion) and that more funding needs to be provided. He has also questioned how the project had gone from $1.6 million to $2.4 million.

Steve Shaffer, a Mindemoya resident, raised a concern that the current council has stated that there was/is no grant for the Mindemoya Drain. However, he said the previous  council had announced that funding had been provided of $1.44 million for the project that would relieve local landowners of a significant bill for their share but getting the municipality, and by extension the taxpayers, off the hook as well.

Mr. Shaffer made a presentation to the committee last week. “First of all I would like to thank you for the opportunity to speak on the Mindemoya Drain/Yonge Street Reconstruction Project. I have been involved in this particular drainage project since 1998. Almost 20 years ago when the original report was prepared by R.J. Burnside and Associates.”

In his presentation Mr. Shaffer outlined some of the key milestones of the project. “On November 24, 2008 under section 4 of the Drainage Act, the roads superintendent of Central Manitoulin petitioned for the roads/drainage project to proceed. The original report, entitled Mindemoya Drain and Yonge Street Reconstruction, was prepared by K. Smart on November 20, 2009; a cost estimate for the project was approximately $1,568,400.”

“On September 1, 2010, the appeals tribunal sat to hear concerns from approximately three applicants. Their written decisions were received October 28, 2010,” said Mr. Shaffer. “On May 31, 2012 council passed a resolution to separate the Mindemoya Drain and Yonge Street Reconstruction into two separate projects.”

On September 9, 2013 K. Smart presented the revised Mindemoya Drain project at a cost of $957,215, continued Mr. Shaffer. “In October 2013 the township submitted an expression of interest for a grant for the original $1.6 million dollar combined Mindemoya Drain and Yonge Street Reconstruction project. At this point the project took on the name ‘Yonge Street Road Project’,” said Mr. Shaffer. And “after receiving a favourable response the township was invited to submit the application to the second stage of the process. This application was submitted January 9, 2014.”

Mr. Shaffer noted that in February 2014 the township was approved for 90 percent of the $1.6 million dollar Yonge Street Road Project a grant of $1.44 million dollars. However, in the summer of 2014 the project encountered more rock than the engineers had forecast. The then township administration reassured everyone that despite the finding of additional rock that assessments “will be significantly reduced because of this grant.”

“There is no $1.6 million dollar Yonge Street Road project,” said Mr. Shaffer. “The project clearly was for drainage and Yonge Street reconstruction, the original Mindemoya Drain and Yonge Street Reconstruction project.”

The Mindemoya Drain was petitioned under section 4 of the drainage act, said Mr. Shaffer. He explained, “section 85 of the Drainage Act addresses grants, specifically section 89 (2) of the drainage act states, “the treasurer of each municipality (assuming more than one) shall apply the amount of the grant received by that municipality to reduce the assessment on each parcel of land in the municipality eligible for a grant in the  proportion that each assessment bears to the total of the assessments eligible for a grant in the municipality.”

“Next step, I respectfully request that the grant be applied as intended, advised and required to the assessed individual properties, or that council wave the individual property assessments,” said Mr. Shaffer.

Mr. Shaffer said it is not only his concern but other property owners as well, who were unaware this is still an issue. Had the $1.6 million project come in budget, with the $1.4 million grant to offset asset owners this would not be an issue. But not the project is projected at $2.4 million and the grant money is gone everywhere.”

Mayor Richard Stephens said, “$1.44 million went to the roads portion of the project, with the balance left with the drain. You’re indicating that this should have been a distributed grant to lower assessments.”

Councillor Derek Stephens, chair of the committee, said “this applies to two-third grants. It wasn’t a drain grant,” to which Mr. Shaffer differed in opinion.

Councillor and committee member Patricia MacDonald questioned Mr. Shaffer as to if he is suggesting the regular taxpayer should be paying the assessment of the drain costs, noting the grant wasn’t provided under the drainage act.”

“I will and have the information that will make argument that the application was made for the drainage project,” said Mr. Shaffer.

“I have no problem continuing the discussion on this issue,” said Ms. MacDonald but she noted, “ratepayers in my ward are not prepared to pay for the drainage project. Those who receive no benefit shouldn’t have to pay this cost.”

Mayor Stephens said he would like to get all the details together on how the project went from $1.6 million to $2.4 million.

Councillor Alex Baran agreed all documentation needs to be examined before a final decision can be made.