A Drainage Act claim by a family here with ongoing flooding in its backyard will need the signature of one of their neighbors to make the petition valid.
The petition was filed by Phylis Huntley and son-in-law Joshua Pilon for their property at 62 Elora Street.
Huntley purchased the property for her daughter and Pilon about three years ago and has been plagued by flooding that at times leaves the backyard submerged in water.
Huntley has contended the flooding is a municipal matter, while the town has maintained it is a private matter.
Chief administrative officer Bill White said the town has been instructed by the engineering firm looking into the matter, K. Smart Associates Ltd., that the petition is not valid without the signature of one of the neighbors at either 56 Elora Street or 64 Elora Street.
“One of the other landowners (neighbors) must sign the petition to make it a valid petition,” White said.
Unsuccessful attempts have been made to have one of the other neighbors agree to an easement to allow work to be done to drain the water away.
“We have no one to host that easement,” White added.
According to a letter from engineer Neal Morris of K Smart, the petitioners have 60 days to get another signature for their petition or they will bear the cost of the work done by the firm at about $1,100.
Mayor George Bridge said one of the homes recently sold which could mean a new neighbor who might agree to an easement.
“Let’s go and try it one more time,” the mayor said. “We all wanted to have a solution, but it is a private matter and nothing we created.”
