Township council has added some conditions and a deadline to a commitment to pay for potential future repairs to a private drain crossing a township road.
On March 28 Mapleton council agreed to rectify any future damage to a tile crossing Sideroad 17 until 2032.
Council agreed to the repairs after being presented with documents supporting a resident’s contention the road was used to transport turbine components during construction of the Conestogo Wind Energy Centre (CWEC) in 2012.
On April 25 councillor Michael Martin introduced a motion to reconsider the decision.
Resident Dunc Lamond initially came to council about the issue on March 8, asking who is responsible for future repairs to a tile drain that crosses Sideroad 17 near his farm.
He told council the transportation route outlined in the agreement between the township and NextEra Energy Canada indicates trucks would use a series of back roads off Highway 6.
Yet he said he and other area residents saw blades and turbine components transported straight to the site along Sideroad 17 from Wellington Road 109.
He said he believes the heavy loads caused the road to settle and disrupted the tile outlet.
The township investigated Lamond’s concerns, including contacting NextEra officials, who stated the company never used Sideroad 17, and declined to take further action.
On March 28 Lamond presented council with a copy of a Transportation Management Plan for the CWEC project that he received from a NextEra official on March 2.
The plan shows Sideroad 17 as delivery route for turbine components and a NextEra official also mentioned the road as part of the delivery route in a telephone conversation with Lamond.
Although CAO Brad McRoberts noted a drain crossing a township road would not be allowed under current policies without a legal agreement, council approved a resolution agreeing to pay for any repairs to the drain until 2032, the estimated life of the tile.
The resolution indicated the township would make “best efforts” to recover costs of any repair from NextEra.
“I guess … my struggle is with connecting the dots,” said Martin at the April 25 meeting.
“Are we just assuming that it was those heavy trucks that created the damage?”
After council approved the motion to reconsider the March 28 resolution, Martin introduced a motion obligating the township to undertake repairs to the tile within the municipal road allowance under the following conditions:
– documented proof of damage to the field tile within the township road allowance must be provided by Lamond;
– the documentation of damages must be provided to the township on or before Dec. 31, 2017 at which time any claim for damages will expire;
– future damage(s) are not eligible for any claim; and
– Lamond must enter into a standard road crossing agreement with the township.
Public works director Sam Mattina told council that on April 11, staff excavated the tile and the ditch line in order to determine its condition.
“It was found to be intact and functioning,” said Mattina. “Based on that the tile is in satisfactory condition from what we saw.”
Councillor Lori Woodham asked how Lamond could prove damage to the tile.
“He would have to investigate with his own resources,” said McRoberts
Woodham asked if the township had any similar situations elsewhere in the municipality.
“I guarantee that we do,” said Mayor Neil Driscoll.
However, McRoberts pointed out the conditions in the resolution apply to council’s agreement to repair the tile in question.
Otherwise, he noted, “responsibility lies with the tile owner, not the municipality.”
Council approved the resolution requiring proof of damage and other conditions.
