Push for pipeline pressures Wheatland Council

Times Contributor         

 

A cooperative action, meant to solve Lyalta area, sanitation problems, left Wheatland council in deadline-driven cross hairs on April 15. They were tasked to consider the best interests of ratepayers and stakeholders, weighed against changing standard practises used in the county for road right-of-way construction.

“I definitely want what is best for the residents,” said Councillor Rex Harwood. “But, I don’t appreciate having a gun held to my head.”

He was speaking figuratively about the way demands were presented by developers who had an invested interest in the approval of the newly formed Wheatland Utility Corp and the installation of a 7 1/4 mile long wastewater utility pipeline. The pipe would be located within the government road right-of-way near Lyalta (Township Rd 252 and Range Road 255). The line would head east and north across Hwy 564, to the land secured for sanitary lagoons. A similar request would later come to council for pipe that would run between the Homesteads and Muirfield, along Twp 252 and RR 264. 

If approved, the project will supply sanitation services for Muirfield, 100 homes in the new Homestead development and treated irrigation for Cattleland pastures. 

Wheatland County policy currently does not allow pipelines to run along road right-of-ways. Typically agreements are made for road crossings and land is acquired from private landowners outside the road right-of-ways to run the pipeline. 

Council approval of the request is conditional to reviews of the design, agreement by Alberta Environment and a signed Municipal Access Agreement between Wheatland Utility Corp. and the county.

Under the Municipal Government Act Section 45, council can make an agreement with utility services, valid for a maximum of 20 years, as long as the agreement is advertised for two weeks and adheres to guidelines. An exception is where the sewer pipeline crosses a provincial highway. Permission for that must come from Alberta Transportation www.transportation.alberta.ca/2634.htm.

Pipelines are allowed to cross county roads with approved designs, at a 90 degree angle, with a minimum 30 metre setback on either side of the road allowance. 

The Wheatland County General Manager of Transportation and Infrastructure said preliminary information showed there may be a way to ease the setback to 15 metres, if council approved, and the design shows a possibility for it. It was determined the depths of the pipeline would need to be set greater than normal, between 9 to 12 feet. All expenses would be the responsibility of the pipeline owner.

The concerns of running utilities along road right-of-ways are: the possible interference with the utility provision when road repair or expansion is needed, environmental concerns about soil heaves and contamination left by pipeline breakages. Councillors voiced concerns about setting a precedent for other projects and the county’s ultimate responsibility

“There is a need for water. WID has told us there are no water rights left from Serviceberry Creek. We have joined this project, to meet those needs and meet the needs of the community,” said Karen Gregory, spokesperson for Wheatland Utility Corp.

She said a positive for the installation would be the possibilities to service the areas of Ardenode and Nightingale in the future. 

Through back and forth debate, Homestead spokespersons Pat Maloney and Bill Maher pushed council for an immediate answer and even asked for some consideration in expediting the Homestead development process. 

They said Muirfield residents would suffer if the decision was declined. 

They said they had deadlines looming, and council’s request for 20 days to consider the request and get more information left them cold. 

“If we have to follow county policy, this won’t happen in a year,” said Pat Maloney.

They balked at the financial requirements of the service agreement, which is set at 125 per cent of the project. The construction will cost about $5 million, so about $7.5 would be kept in an interest-bearing account for a maximum two-year period, and released back within that time when no concerns are found, as the project moves to completion.

The county put the security requirement in place as insurance, so ratepayers would not be stuck with shoddy work or paying costs for partial or inadequately constructed projects. It is a standard practise in most counties; however, percentage rates vary.

Both Maloney and Maher said the security cost was exorbitant and should be lowered, as Wheatland Utility Corp., not the county, would be responsible for all the operating, maintenance and remediation of problems. Councillor Ben Armstrong cautioned that the point bent two ways; once Wheatland Utility Corp. signed agreements, all problems would be Wheatland Utility Corp.’s responsibility and there would be no going back for help from the county.

“We are talking millions. Our first phase is expensive. We are looking for help from council,” said Maher. “We are trying to be open with everyone. We have been supplying monthly reports to the residents of Muirfield and we can do that for council too. The cost of this project is ultimately borne by the residents. We want to supply a reasonable utility service for a reasonable cost.”

Staff had advised against council’s approval. Chief Administrative Officer Alan Parkin said it is the responsibility of staff to provide council with all options and information, including professional opinions. He said staff members don’t make recommendations lightly, as ultimately their jobs are laid on the line. 

He said it is often a difficult process for council to decide what’s best for the county as a whole, and some people don’t agree with the process of how decisions are made; but he defended the right of council to make those decisions without the added pressure tactics of invested interests.

At the end of the day, all council members voted to approve permission for Wheatland Utility Corp. to install a wastewater utility pipeline within the designated road right-of-ways, on approval of designs, under a Municipal Access Agreement with Wheatland County.