Special area rate in downtown Hillsburgh finally authorized by council in 4-1 vote

Mayor Lou Maieron appeared to be a lone vote against a special area charge to bring water services to a section of downtown Hillsburgh.

Planner Sally Stull came to council with a recommendation to approve a special area charge to extend a municipal water supply 115 metres north along Trafalgar Road from Mill Street to supply 12 commercially zoned properties.

Municipal connection fees for the properties would be rebated where proof of private well decommissioning and connection to the municipal water service was completed.

Further, she recommended council direct staff to include in the five year official plan review consideration of servicing matters inside the urban built boundary with the intent of providing clear goals and policies regarding:

– 108 urban properties adjacent to municipal water service that still use private wells, and

– unserviced urban properties particularly within dense historic cores, will ultimately need to be serviced by extensions of the municipal water main in order to remain viable, and provide the opportunity for private investment.

Public notification was sent out three times since last November.

As of the meeting, only five comments were returned, with four in support and one opposed.

Stull noted that municipal water service is required for 112 and 109 Trafalgar Road.

The building at 112 was destroyed by fire and subsequently rebuilt, whereas 109 Trafalgar, the Exchange Hotel, is currently being refurbished as a multi-unit condominium

Both sites and adjoining lots are small, and due to the existence of shallow dug wells and aged septic systems, Stull said municipal water should supplied.

Councillor John Brennan said the capital costs would be spread out.

Stull said the idea is to spread the costs over six years, using a five year payment plan.

Brennan said council needs to consider fairness and to offer a similar deal to other property owners.

Maieron said he had asked the draft bylaw be circulated to the affected property owners along Trafalgar Road so they could understand the implications. He remained concerned that of the 12 properties affected, only five owners responded.

He said if this passed, all would have to pay a proportionate share of the costs for the water main.

Further, they would have to hook into municipal water and decommission private wells.

Maieron cited a council decision for other town properties that were not being forced to connect to municipal water services – even though water mains are adjacent to them.

“How does this reconcile for fairness?” he asked

Councillor Josie Winter-singer said the situation before council is different. This area rate came about because residents are interested in water connections. As for the 108 residents adjacent to water lines, none were interested in moving away from their private wells, she said.

“As far as I’m concerned, one issue is not the same as the other.”

Maieron said, “I’m all in favour of developing an omnibus policy for all town residents, for all urban residents that could join the water system, to provide a fair set of incentives – so that all, if not most, could take advantage of it.”

However he considered the special area rating will create a new policy for the town.

“The connection fee rebate exists neither in the town official plan, nor in the water rates study implemented by the town,” he said.

He stressed that the town adopted the water rates study and then increased fees by 20% to deal with operation costs.

When councillor Barb Tocher asked if she could interrupt momentarily so that the mayor could get an answer to his concerns, he said, “No”.

Maieron said “I don’t want to create policy based on this very scoped issue.”

He would rather have an omnibus policy for all residents.

“I understand people have to have water, but we are putting the cart ahead of the horse,” he said.

He felt passing the special area rate sets a policy.

The connection fee is to pay for existing infrastructure that delivers water to residents.

Tocher said if the town decides to install the water main itself, it would cost roughly $128,000 in capital costs.

“In this case, the only difference is that the property owner is paying for the infrastructure rather than the connection charge,” Tocher said.

She said residents still have to pay for the line to the house, the water meter and the well decommissioning.

“This is a stand alone issue,” said Tocher.

Damila DiMatteo made an impassioned plea to council to bring the special area rate into place.

“I’m just speaking from my heart on behalf of my family.”

It was her home that was destroyed by the fire.

She said it is very quick how one’s life can change as a result of a house fire.

“To stand there and watch everything we’d worked so hard for … to have that burn in an inferno is devastating. What is more difficult is the possibility of having to having to walk away from our property.”

The lack of lot size did not meet the new bylaw rules for a septic system and there is little space for a well. “We had to look at the fact that we might not be able to rebuild on the property.”

DiMatteo said there was a bit of hope the town was discussing municipal water, which would allow them to remain.

“We put it in Gods hands, and we invested our savings in rebuilding our home.”

She said, “Here we are two weeks away from moving home … and we have no water … and now nowhere to live. In two weeks, we’ll be forced to leave the place we’ve been renting for the past year.”

Without water, she said there can be no occupancy permit – and temporary solutions are costly.

“I’m begging council to make a decision tonight. Without your decision, we have no idea what we need to do.”

DiMatteo said without municipal water, there is still no room for a septic system.

She asked what councillors would do if their homes burn, and then be faced with restrictive bylaws that prevent doing anything with the home.

“Do you walk away? I’m hoping it will sink through. The bottom line is that without a decision there will be six people that are going to camp out in the front foyer of the town hall because we’ll have nowhere to live.”

Tocher fully supported the special area rating. “My only regret is that we cannot offer it to more properties in the village of Hillsburgh,” she said.

Maieron countered, “My only regret is that we cannot offer it to more urban properties in the town of Erin. I don’t want to sound negative, but as my duties as the mayor go forward, I have to look at all the people in the water system.”

That system, is funded by those using it. It has to be self-sustaining.

Maieron maintained policies should be for all residents and not done on a site specific basis.

“As mayor I cannot endorse this selective application in response to local needs. I empathize. But I cannot support something that might create a precedent for the water system and possibly cost the system significant funds.”

He said, “What is good for one, should be good for all.”

Even though he appeared certain the area rating would pass, he said he felt obligated to make his issues known, and a policy “should be developed in the fullness of time to benefit all.”

He remained concerned the original proposal to provide services to two properties morphed into an area improvement plan affecting 12.

In a recorded vote councillors Tocher, Callaghan, Brennan and Wintersinger voted in favour.

Only Maieron was opposed.

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