ELORA – New storm sewer pipes will have to cut through two private properties in Elora, and expropriating parts of those lots was the hot topic at Centre Wellington’s council meeting on July 18.
The pipes are in poor condition and need to be upgraded to accommodate current and planned growth.
The township initiated a Municipal Class Environmental Assessment with Triton Engineering in 2016 and a public meeting was held in 2017.
Through this process the preferred solution – cutting through these two properties – was decided to be the most direct and economical route that would save the most trees.
Township staff have been negotiating with the property owners ever since. On July 18 the two property owners addressed council.
Tracy Hudson spoke on behalf of Ian Rankine, the property owner at 190 Victoria Cres., and Steve Howard, at 200 Victoria Cres., spoke on his own behalf.
They hoped council would defer the matter until after the municipal election and leave the decision to the new council.
They claim negotiations with staff have not been fruitful, that staff have “dodged” questions, that they weren’t informed of critical decision meetings, and that trust has been lost.
The residents suggested the amounts offered as compensation are not current and they say having pipes on their property means they cannot build a granny suite or alternative housing that would provide future income streams for the owners.
“It is now clear our comments didn’t matter in this process,” Howard said.
“We will attend the tribunal and will challenge the necessity of re-routing the services.”
Lawyers Michael Paiva of Unified LLP and Kevin Thompson of SV Law, working on behalf of the township, explained the township is not acquiring ownership of the property – only access to the easement for installation of the sewer pipes and for future maintenance.
As negotiations with the property owners have not been successful to date, the lawyers recommend beginning the expropriation process.
Expropriating property is controlled by the Expropriation Act, which includes steps, processes and timelines. And beginning the process does not preclude a negotiated settlement, the lawyers said.
“There have been significant back and forth offers but the counter proposals are untenable,” Paiva said. “Much of what has been proposed wasn’t legally possible.”
Triton proposed a few scenarios. Options 4A, at a cost of $715,000, had the sewage pipes going down Victoria Crescent and emptying into the Irvine River via a common area at the end of the street. Option 4B, for $975,000, would route the underground pipes under Smith and Henderson streets and then to the river through the same common area.
These options were preferred by the two property owners.
Option 3, the option preferred by Triton, would cost $165,000 and would cut between 190 and 200 Victoria Cres. and to the river at the back of these properties.
The total cost of the work is $445,000, which has already been budgeted in 2017 and topped up in 2021 with $165,000 for option 3.
The unknown amount is for acquiring access through the two properties.
Councillors wanted to know how much money was on the table and the gap between what is being asked for and offered.
Some councillors wanted to defer the decision and were told that would put a government grant in jeopardy.
Council went in camera to discuss the dollar amounts and after two hours, resumed open session.
Councillor Bob Foster put forward a motion to refer the matter back to staff but got no seconder.
Councillor Kirk McElwain made a motion to defer the decision until August to allow more time to negotiate with the property owners. This motion was defeated in a 4-3 vote.
Then council voted on the main motion: to begin the expropriation process with the added caveat that staff can continue to negotiate with the property owners.
This motion passed in a 4-3 vote with Mayor Kelly Linton and councillors Steven VanLeeuwen, Ian MacRae and Neil Dunsmore voting in favour and Foster, McElwain and councillor Stephen Kitras opposed.
