An allocation of 14 units of wastewater capacity to Wellingdale Construction for lots on Faith Drive in Drayton remains suspended, despite a plea for action from the developer at the Aug. 11 meeting.
Council officially suspended the allocation after hearing from the township’s engineers and a representative of the local developer on Sept. 23, 2014.
A motion to remove a holding provision from 14 lots on Faith Drive in Drayton had to be deferred at the Aug. 26, 2014 meeting after an engineers’ report from R.J. Burnside and Associates stated that while the plant’s rating indicated capacity was available, the township actually had an operational deficit of 61 units.
In the meantime, the municipality has undertaken a Municipal Class Environmental Assessment to evaluate alternatives to expand the capacity of the Mapleton Wastewater Treatment Plant to deal with a long-standing capacity shortage.
A number of steps have also been taken in an attempt to improve the situation in the short term, including efforts to reduce inflow and infiltration into the sewage system.
However, John Mohle of Wellingdale Construction told council the township must either honour the capacity allocation, which was transferred to Wellingdale from The Murray Group in a private transaction, or compensate his company.
Council passed a resolution granting the allocation to Wellingdale at a meeting on July 22, 2014. Mohle said he had been advised in advance by staff that everything would be in order for the hold to be lifted from the lots at that time.
“This motion speaks fairly clearly that we were granted some allocation,” said Mohle on Aug. 11.
“What does council intend to do here? We have tried a number of things over the past year,” added Mohle, who wondered, “Are we going to receive some kind of compensation for carrying costs of the delay because we’re being held up?”
“This council is saying we can’t sway and make a decision to give allotment that we really don’t have,” replied Mayor Neil Driscoll.
He said the municipality doesn’t want to “jeopardize the relationship that we have built with the Ministry of Environment,” through the process of working toward a long-term solution to Mapleton’s capacity issues.
“We’re working toward improving the whole system so everyone can build,” said Driscoll.
“Does that mean, Neil, that this motion was a mistake?” asked Mohle.
“I remember that night very well. I do remember asking staff twice, ‘Are you sure we can do this?’ And that’s how we made the decision that night,” said Driscoll. “And then report came in from Burnside that we had to defer.”
“I don’t want to go legal on this thing … in my opinion there was a mistake made here and, in my experience, in most cases mistakes are remedied,” replied Mohle. “Council does have it in its power to mitigate this damage.”
“I’m not going to debate it,” said Driscoll.
“This council is not going to make a decision that jeopardizes the whole municipality’s system … just to help out one developer.
“We’re building a relationship with the MOE to get this done as quickly as we can.”
Public works director Brad McRoberts noted the capacity appeared to be available when the July 22 resolution was passed.
“The fact that the plant turned out to be operating at its designated capacity does not mean the allocation no longer exists,” said Mohle.
Councillor Michael Martin asked if it makes any difference in allotment purchased privately?
“Without breaching into an in-camera aspect – there’s a question in my mind as to whether the allocation existed when purchased,” McRoberts responded.
“We can get lawyers involved and I hate doing that too … you’ve got (to) throw me a bone. I would really urge council to consider the obligation that they have,” stated Mohle.
Driscoll said, “I wish we could give everyone the answer that they wanted – but right here, right now, we can’t.”
