Lakes of Muirfield contemplates legal action

Sharon McLeay
Times Contributor

 

Anger was directed at Wheatland County council last month, when some members of council took a hard stance on waste water requirements for new builds in the Lakes of Muirfield area.
The failure of Strathmore to commit to the wastewater pipeline from Muirfield to Strathmore led Wheatland County council to set a moratorium on building projects in the area.
“If the town is going to allow a pipeline from Lyalta, it will take a lot longer than a few months to get approval; in fact it could take years if it is going to happen at all,” said Jim Souza, manager for Lakes of Muirfield.
Hugh Ham, legal counsel for Lakes of Muirfield residents, said the Town of Strathmore has delayed in decision making, indicating residents were against outside use of its facilities and were concerned it would boost local water rates.
Souza stated that discussions have been picked up with Wheatland Utility Company, which has Alberta Environment approval to run a pipeline to a sewage lagoon near the Cattleland feedlot. This option is more costly, but fits timelines that are quickly looming on residential sewage disposal contracts. The agreement, which includes the Homesteads of Lyalta development, is currently being reviewed by Municipal Government Board with a hearing scheduled for Dec. 12-14.
“We don’t have a solution in place and we are a long way from it. I have had issues with this at the get-go and I have issues with it today,” said Coun. Ben Armstrong.
The sludge surrounding this issue surfaced again at the Nov. 8 meeting.
This time, lawyer Hugh Ham directed hard realities to council: two builders and a buyer with no home in Muirfield voiced their concerns to council on the servicing requirement in the Land Use Bylaw and the building moratorium that has affected their holdings.
“If your goal was to avoid liability you have missed the boat, as you have triggered the liability,” said Ham, representing Lakes of Muirfield builders and residents.
Ham said the current development for the Homesteads at Lyalta subdivision application has been in the works for over one and a half years. He indicated that the municipal government was not pleased with such delays for developers and will be changing governance to ensure planners and councils provide timely service.
He presented the contracts council had entered into with builders and indicated that the builders had a good case with the land compensation board, for an award of about $1.5 million, and their next step would be to sue. The legal costs and mandated judgments may be more costly than finding a good solution for the waste disposal.
“You are liable this afternoon. This is where the rubber hits the road and there is really no reason for it,” said Ham. “You are the ones who approved the subdivision. I don’t see how you can avoid liability.”
He suggested council reconsider that the current disposal system was working and good until fall of 2017, and that council work out other avenues, like the Wheatland Water Utility and Cattleland waste water lagoon, or find a more permanent solution.
“If you guys get together, you can solve this and that will be the end of it. There is a clear solution standing in front of you,” said Ham.
It was asked that the development permits be reconsidered. Council voted, with Coun. Glenn Koester and Coun. Armstrong against bringing the builders’ development permits back for consideration. The two development permit bylaws were voted on again; this time they passed with Coun. Koester and Coun. Armstrong against.
Coun. Brenda Knight asked that the 2015-39 direct control bylaws for Muirfield be brought back to specifically allow single family dwelling permits. Council passed the motion.
“I am tired of seeing our ratepayers and developers coming in here and begging us to allow them to get back to work,” said Knight. “That is why I am bringing this back.”
Coun. Armstrong followed with a request that the bylaw brought back at a later date in its entirety for review.