Property owner wants restitution for flood damage

BY KIRK STARRATT

kstarratt@kentvilleadvertiser.ca

NovaNewsNow.com

He’s tired of having his north Kentville property flood after periods of heavy rain.

Michael Kenney spoke to Kings County councillors June 16 about his situation. He lives on one side of the affected Rosedale Avenue duplex; his parents on the other. “I get every bit of water to the southwest and southeast of me,” he said. “Nobody seems to want to take responsibility.”

In an April letter to the county, Kenney (pointing out it was written without slanderous or libelous intent) noted the duplex was built in 1984 and his parents purchased it in 1995. He took it over in 2006.

When the building lot was created, a natural watercourse was diverted to the side of the property. He said there was never a problem with the property flooding, as the small culvert carried water away.

First flood entered the basement

Kenney said the property flooded twice in the spring of 2005. The first flood entered the duplex basement, causing considerable damage. This was repaired. Christmas Day 2008, the basement flooded again. “I had one side just about redone when, once again, we were flooded out April 4,” he said.

Kenney said there are a number of contributing factors: construction at the Nova Scotia Community College Kingstec campus, including a large paved parking lot that drains to the east side of Mee Road; the Department of Transportation (DoT) changed the flow of water through new culverts on Charles Street east to Kenney’s property, as the old culvert could not handle the new influx of water; the Municipality of Kings installed an underground drainage pipe in 2005 and grates at both ends to block debris clog and block water, which he told the county would happen upon installation.

Kenney said he has met with representatives of DoT and they are reviewing the Charles Street culvert in an attempt to divert the water in more than one direction.

He said he appreciates the work of county staff in the past. He also realizes the county’s drain grates were put in place to prevent children from crawling through.

He said, though, during the storm and flood April 4, junk and debris couldn’t pass through and caused water to back up and wash out his driveway 100 feet away. His downstairs was flooded and his yard littered with garbage bags, wood, diapers and more. DoT tried to free the drain but couldn’t, returning later with a backhoe to try to pull the grates. Kenney said they managed to spread the front bars on the grate while he and a worker tried to free the back grate.

Kenney’s request

Kenney wants both grates at the ends of the culvert removed; to be repaid for the supplies to repair the damage caused at Christmas and for his labour; his driveway repaired; and the land lost to the front of the property to the water flow replaced with proper frontage so it does not erode again. He also wants the county to hire a contractor to assess the damages and pay the contractor for necessary repairs.

While the work is being undertaken, Kenney wants the county to pay for accommodations for he and his wife as well as his parents.

Kenney requested also a “cash settlement for the suffering this has caused, the lost furniture, clothes, electrical items and other personal items that can never be replaced.”

Council responds

Councillor Dick Killam asked if the matter has been referred to the county’s insurance company. Chief administrative officer Brian Smith said it had.

Councillor Janet Newton, who represents the area, said she has been working with Kenney since the April 4 flood. There was a meeting with DoT April 15, but county staff members were not permitted to attend. Newton said she went with Kenney and DoT did what it could to rectify the water flow. Newton hoped her colleagues would discuss the matter during an in-camera session.