The Town of Oliver has agreed to spend up to $2,000 to help mitigate damage done to a farmer’s orchard on Chokecherry Street recently.
Town council heard from Director of Operations Shawn Goodsell about a “washout” that occurred on a bank near the Gill orchard at the end of the street.
Goodsell said a pumphouse pipe snapped and washed out the bank (sending the sediment into the orchard).
The farmer asked when the Town was going to clean up the mess in his orchard, but Goodsell said they were only going to repair the water line and the bank.
Water councillor Andre Miller said it was strange that the Town would restore the bank but not the orchard.
“I think it’s wrong . . . I think we should repair his property.”
Goodsell said it would take between $2,000 and $3,000 to clean up the damage with the use of skid-steer equipment. He did acknowledge that it was the Town’s water pipe that broke, noting he can’t conclude it was anyone’s fault but the Town’s.
Water councillor Rick Machial said a lot of sediment covered the orchard (in some places three feet deep), preventing the farmer from operating his tractor to spray his trees.
“The guy can’t even farm, so we have some responsibility . . . I think we should do something.”
Machial said the Town doesn’t have to remove all of the sediment or restore the orchard to its original state. But at least work with the grower to make him happy, Machial said.
But Chief Administrative Officer Cathy Cowan said the Town is not legally bound to do anything in this case (under the Community Charter).
Chief Financial Officer Dave Svetlichny reminded council about a similar situation two years ago when a Town pipe burst and caused damage in an orchard.
He noted that council decided not to mitigate the damage in that situation.
Svetlichny warned council that it is setting a precedent here and could be opening itself up to a legal claim from the previous case.
He also stated that incidents like this are normally covered by insurance companies.
But Machial and Councillor Jack Bennest agreed that working with the farmer is not setting a precedent.
By Lyonel Doherty
