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HomeMy WebLinkAbout2014-09-11 Council (Regular) MinutesCOUNTY OF NEWELL MINUTES OF REGULAR COUNCIL September 11, 2014 The regular Council Meeting of the County of Newell was held in the County Office on Thursday, September 11, 2014 commencing at 10:53 a.m. MEMBERS PRESENT: COUNCILLORS: M. Douglass, Reeve C. Amulung G. Simpson A.M. Philipsen W. Hammergren T. Fyfe K. Christman E. Unruh B. de Jong L. Juss STAFF: K. Stephenson, Chief Administrative Officer L. Johnson, Director of Corporate Services D. Horvath, Planner - ORRSC A. Wickert, Manager of Planning & Development T. Green, Director of Agricultural Services M. Harbicht, Director of Municipal Services J. Nesbitt, Municipal Enforcement Supervisor J. Hampton, Municipal Enforcement Officer R. Fernell, Director of Information & Technology K. Cox, GIS Analyst M. Fenske, Manager of Finance K. Martin, Manager of Fire & Emergency Services A. Nielsen, Executive Assistant OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: M. Dumont, Brooks & County Chronicle C. Mitchell, AMEC S. Golby, AMEC 4 County Ratepayers CALL TO ORDER Reeve M. Douglass called the meeting to order at 10:53 a.m. 2. EXCUSED FROM MEETING All members were in attendance at this meeting. Regular Council September 11, 2014 3. ADOPTION OF MINUTES 3.1 Minutes - Council (August 7, 2014) C-277/14 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the August 7, 2014 Council Meeting minutes be adopted as presented. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS Reeve M. Douglass called for post agenda items. 5. ADOPTION OF AGENDA C-278/14 MOVED BY COUNCILLOR KELLY CHRISTMAN that the agenda be adopted as amended. MOTION CARRIED LEFT THE MEETING K. Stephenson left the meeting. 6. BYLAWS 6.1 Bylaw 1800-14 Road Closure & SALE (NW 6-18-14-W4) The Manager of Planning & Development provided background information on this item and responded to questions from Council. C-279/14 MOVED BY COUNCILLOR TRACY FYFE that Bylaw 1800-14, being a bylaw for the purpose of closing to public travel and SELLING that portion of road that is part of Road Plan 141 1409 in NW 6-18-14-W4, be given SECOND reading. MOTION CARRIED C-280/14 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that Bylaw 1800-14 be given THIRD and FINAL reading. MOTION CARRIED ARRIVED AT MEETING K. Stephenson returned to the meeting. 6.2 Bylaw 1804-14 - Text Amendment - Addition of Exhibition Centre as a Discretionary Use to A - Agricultural, PR - Parks & Recreation, and FR - Fringe Land Use Districts The County Planner provided background information on this item and responded to questions from Council. Page 2 of 14 i Regular Council September 11, 2014 C-281/14 MOVED BY COUNCILLOR TRACY FYFE that Bylaw 1804-14, being a bylaw to amend Land Use Bylaw 1755-12 by adding a definition for Exhibition Centre to Schedule 5 and by adding Exhibition Centre as a discretionary use to the A - Agricultural, PR - Parks & Recreation, and FR - Fringe Land Use Districts in Schedule 2, be given FIRST reading. MOTION CARRIED LEFT THE MEETING M. Mackie and M. Seaton left the meeting at 11:06 a.m. 9. ADMINISTRATIVE BUSINESS C-282/14 9.2 Road Closure -Approval to Proceed (NE 21-18-14-W4) The Manager of Planning & Development provided background information on this item. The applicant was present to respond to questions from Council. The road allowance to be closed was originally acquired by the County as a condition of subdivision to provide access to the subdivided parcel. Another access is available, and the applicant would like to see this road allowance closed and consolidated into their land. The Manager of Planning & Development indicated that, in consultation with the County Planner and Municipal Services, they consider this road closure application to be premature as this road allowance may be required as part of the proposed truck route. The Manager of Planning & Development responded to questions from Council. S. Cressman, the applicant, provided Council with background information. She expressed concerns with the lack of communication regarding the truck route and indicated that she wanted to close the road allowance to consolidate it with her land. Councillor W. Hammergren asked if there was a cost to the County when the road allowance was transferred. The County Planner indicated that, when a subdivision is created, the municipality can take up to 30% of the land at no charge for utilities and roads. S. Cressman responded to questions from Council, indicating that closing the road allowance would not affect the Atco Gas line within it. She also noted that they have not signed anything regarding the truck route. Discussion followed regarding the truck route and D. Horvath indicated that the road allowance to the east is undevelopable. The Director of Municipal Services provided background information on the truck route, indicating that he had previously spoken to the applicant regarding acquiring the land for the truck route. S. Cressman expressed concems with the dollar value placed on the land. MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that Council REFUSES to proceed with the application for the closure and sale of the portion of road in NE 21-18- 14-W4. Discussion followed regarding this road allowance and its relation to the proposed truck route. The County Planner and S. Cressman responded to questions from Council. The Manager of Planning & Development indicated that, if refused, a portion of the road closure application fee is refunded to the applicant. K. Redelback provided further background information. Page 3 of 14 Regular Council September 11, 2014 VOTE ON MOTION C-282114 MOTION CARRIED LEFT THE MEETING S. Cressman and K. Redelback left the meeting at 11:41 a.m. 8. AGRICULTURAL SERVICES BUSINESS 8.1 ASB Update The Director of Agricultural Services presented an update on the recent activities of the Agricultural Services Department. The Director of Agricultural Services responded to questions from Council regarding the control of cat tails in ditches and provided an update on a manure haul that was going to and from a field known to have clubroot. Councillor C. Amulung passed on a card from the Sereda family thanking Council for their nomination for the BMO Farm Family Award. 8.2 ASB Tour Financial Report The Director of Agricultural Services provided Council with a summary of the revenue and expenses related to hosting the 2014 ASB Summer Tour. The Director of Agricultural Services responded to questions from Council. l 8.3 Responses to 2014 ASB Conference Resolutions The Director of Agricultural Services provided background information on this item and responded to questions from Council. LEFT THE MEETING Councillor A.M. Philipsen left the meeting at 11:52 a.m. Discussion followed regarding the resolution on elk population control, as it does not specifically mention southern Alberta. ARRIVED AT MEETING Councillor A.M. Philipsen returned at11:55 a.m. The Director of Agricultural Services responded to questions regarding the resolution process and indicated that he would write a letter expressing the County of Newell's concern with the elk population control program. 8.4 South Region ASB Conference The Director of Agricultural Services provided background information on this item and responded to questions from Council. Councillors interested in C) Page 4 of 14 Regular Council September 11, 2014 -. attending the South Region ASB Conference in Readymade, AB on October 29, 2014 will advise the Director of Agricultural Services. LEFT THE MEETING T. Green left the meeting at 12:02 p.m. LUNCH Council RECESSED for lunch at 12:02 p.m. and RECONVENED at 12:54 p.m. 10. MUNICIPAL SERVICES BUSINESS 10.1 Director of Municipal Services Report The Director of Municipal Services presented his report to Council, giving an overview of the highlights. The Director of Municipal Services responded to questions regarding the paving of the overflow parking lot at the County Facilities. ARRIVED AT MEETING J. Nesbitt, J. Hampton, R. Fernell, K. Cox, M. Harbicht, C. Mitchell, and S. Golby arrived at 1:00 P.M. 7. DELEGATIONS 7.1 New Staff Introductions 7.1.1 Municipal Enforcement Officer -Jeremy Hampton The Municipal Enforcement Supervisor introduced the Municipal Enforcement Officer to Council. LEFT THE MEETING J. Nesbitt and J. Hampton left the meeting at 1:07 p.m. 7.1.2 GIS Analyst - Kevin Cox The Director of Information & Technology introduced the GIS Analyst to Council. LEFT THE MEETING R. Fernell and K. Cox left the meeting at 1:09 p.m. 7.2 AMEC - Public Works Yard Reclamation The Director of Municipal Services provided Council with an update on the old ' Public Works Yard reclamation project. C. Mitchell indicated that a report would ,i Page 5 of 14 Regular Council September 11, 2014 be compiled when the project is complete, and that this documentation would be required in order to sell the property. \ i C. Mitchell provided an overview of the results of the Phase 11 Environmental Assessment completed in December 2011, which outlined the contaminated areas. Two areas of concern were petroleum hydrocarbons (PHC) from underground storage tanks and soil salinity from road sanding materials. He displayed aerial photographs outlining the contaminated areas and gave an overview of the treatment methods used. The soil that was contaminated with PHC was treated onsite using aeration. S. Golby provided an overview for salinity guidelines in Alberta, noting that these are in place to protect agricultural potential of the soil. There are exceedences remaining on site that range from poor to fair, but the bulk of the contamination has been excavated and the residual impacts are at a depth of at least 4m, which is well below the root zone. The Director of Municipal Services indicated that the soil meets regulations within the property boundaries and measures have been put in place to ensure contamination does not return to the property from outside. C. Mitchell indicated that the residual contamination does not pose a risk to humans working on the site or invertebrates in the soil. C. Mitchell and S. Golby responded to questions from Council. The final reclamation report will be public information for prospective buyers, who can then either accept the AMEC recommendation or proceed with additional testing of their own. C. Mitchell responded to further questions from Council. \ J C-283/14 MOVED BY COUNCILLOR KELLY CHRISTMAN that Council accepts the recommendation from AMEC Earth & Environmental and proceeds with filling in the excavation at the old Public Works Yard for the purpose of selling the land. MOTION CARRIED 7.3 AMEC -Truck Route Update The Director of Municipal Services provided background information on this item, indicating that most of the land acquired to date has been along the east/west route. Council was given the opportunity to ask questions. The Director of Municipal Services reported that caveats will be placed on the land so that if the land is sold, the County will have the opportunity to acquire what they need for market value. Discussion followed. The Chief Administrative Officer suggested sending another letter to the landowners along the proposed truck route to provide an update. The Director of Municipal Services indicated that changes may be required as CP Rail has a minimum requirement for distance between crossings. The Director of Municipal Services responded to questions from Council. Councillor B. de Jong expressed concerns with the frozen land values, indicating that they may have to be revisited on a case by case basis. C. Mitchell provided background information regarding the land acquisition process. The Director of Municipal Services responded to further questions from Council. Council provided direction for the Director of Municipal Services to re-engage with the _. Page 6 of 14 Regular Council September 11, 2014 landowners along the proposed east/west truck route who have not agreed to sell their land and to report back to Council before the end of December 2014. LEFT THE MEETING C. Mitchell and S. Golby left the meeting at 2:19 p.m. 9. ADMINISTRATIVE BUSINESS - CONTINUED 9.1 Urban & Rural Design Guidelines The Manager of Planning & Development provided background information on this item. Discussion followed regarding whether to accept a letter of credit or a performance bond from a developer for security. The Manager of Planning & Development explained the difference between the two methods of security payment. The County Planner indicated that most municipalities require a letter of credit as it offers the most protection. Councillor C. Amulung expressed concerns with making development difficult and passing the added expense on to the end user. He suggested that the same securities could be written into a performance bond. The Manager of Planning & Development noted that the issuer of the performance bond can cancel it, and indicated she would investigate further to see if a performance bond can be made payable directly to the County and if the County could be notified when the performance bond is not going to be renewed. The Director of Corporate Services and the Manager of Planning & Development responded to further questions from Council. Discussion followed regarding when security payments are refunded and Council agreed with the recommendation put forth by the Design Guidelines Committee. Discussion followed on whether to require developers to connect to the County of Newell Water Project system. This will be dependent on the location of the subdivision and whether capacity exists. The Manager of Planning & Development provided an explanation of the construction approval process, which will assist the developer in understanding the steps to be taken when developing land. Councillor A. M. Philipsen asked about Rural Design Guidelines Section 2.14 and suggested that it should read "Where a Developer constructs a road on a county road allowance which is to become part of the County road network... " Council was given the opportunity to ask further questions. The Manager of Planning & Development will provide Council with additional information regarding letters of credit and performance bonds and this item will be brought back to the next Council meeting. 9.3 Subdivision Extension Request - 2013-0-140 (NE 26-16-13-W4) The County Planner provided background information on this item and responded to questions from Council. Page 7 of 14 Regular Council September 11, 2014 C-284/14 MOVED BY COUNCILLOR GORDON SIMPSON that the request for a time extension to subdivision application 2013-0-140 be APPROVED for one year to September 11, 2015. MOTION CARRIED 9.4 Establishment of Development Committee The Manager of Planning & Development provided background information on this item and responded to questions from Council. ARRIVED AT MEETING M. Fenske arrived at 3:05 p.m. Discussion followed and the Manager of Planning & Development and the County Planner indicated that this would be an as -needed committee to discuss larger planning and development related projects. This item will be discussed further during the Organizational Meeting on October 9, 2014. LEFT THE MEETING D. Horvath left the meeting at 3:19 p.m. 9.5 Policy Review - Art & Visual Displays in the County Building The Manager of Planning & Development provided background information on this item and responded to questions from Council. C-285/14 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that Policy 2014 -PAD -071 (Art & Visual Displays in the County Building) be adopted with the following amendment: "Displays will be approved or refused at the discretion of the Committee." MOTION CARRIED LEFT THE MEETING A. Wickert left the meeting at 3:25 p.m. 9.6 Policy Review - 2008 -PAD -021 (NSF Cheques) The Manager of Finance provided background information on this item and responded to questions from Council. C-286/14 MOVED BY COUNCILLOR CLARENCE AMULUNG that Policy 2008 -PAD -021 (NSF Cheques) be RESCINDED. MOTION CARRIED 1 Page 8 of 14 Regular Council September 11, 2014 C-287/14 C-288/14 9.7 Policy Review - 2014 -PAD -011 (Disposal of County Assets) The Manager of Finance provided background information on this item, including an overview of the amendments made to the policy. Council was given the opportunity to ask questions. MOVED BY COUNCILLOR WAYNE HAMMERGREN that Policy 2014 -PAD -011 (Disposal of County Assets) be adopted as presented. MOTION CARRIED 9.8 Policy Review - 2014 -PAD -019 (Accounts Receivable - Overdue) The Manager of Finance provided background information on this item, including an overview of the amendments made to the policy. Council was given the opportunity to ask questions. MOVED BY COUNCILLOR TRACY FYFE that Policy 2014 -PAD -019 (Accounts Receivable - Overdue) be adopted as presented. MOTION CARRIED 9.9 Policy Review - 2014 -PAD -032 (Investment Policy) The Manager of Finance provided background information on this item, including an overview of the amendments made to the policy. Council was given the opportunity to ask questions. The Manager of Finance responded to questions regarding the Chief Administrative Officer being named in the accountability statement, indicating that investment advisors who manage the County's funds are governed by the investment policy which is included in any agreement to engage investment services. The Chief Administrative Officer suggested that the policy be amended to include a statement requiring investment advisors to provide signed certification with their monthly statements that the investments meet the terms of the Municipal Government Act and the County Investment Policy. C-289/14 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that Policy 2014 -PAD -032 (Investment Policy) be adopted as amended. MOTION CARRIED LEFT THE MEETING M. Fenske left the meeting at 3:34 p.m. 9.10 Resolution for Foothills Little Bow Municipal Association - Controlling the Spread of Quagga & Zebra Mussels Reeve M. Douglass provided background information on this item and responded to questions from Council. Councillor B. de Jong indicated that he would speak to the resolution at the Foothills Little Bow Municipal Association meeting. Page 9 of 14 Regular Council September 11, 2014 C-290/14 MOVED BY COUNCILLOR ELLEN UNRUH that the following resolution submitted to the Foothills Little Bow Municipal Association: WHEREAS Alberta Environment and Sustainable Resource Development estimates that a dreissenid mussel (quagga and zebra mussels) invasion into Alberta water bodies could have a detrimental $75 million annual impact on the Alberta economy; WHEREAS the economic impact targets many aspects of the economy including but not limited to drinking water systems, water diversion intakes, water management structures and power generation; WHEREAS the annual cost of preventing the invasion of this species is much less than the annual cost of mitigating the damages after an invasion; WHEREAS these mussels are listed as prohibited species in Alberta's Fisheries Act but current provincial measures are not sufficient to ensure the species does not invade provincial water bodies; and WHEREAS zebra mussels are migrating closer to Alberta and have been found as close as Lake Winnipeg increasing the urgency to address this situation. NOW THEREFORE BE IT RESOLVED THAT AAMDC urge the provincial government to enact/amend legislation and/or regulations to encompass zero tolerance, mandatory inspections and the necessary enforcement authority for dreissenid mussels to ensure the species does not invade Alberta; and FURTHER BE IT RESOLVED THAT AAMDC urge the provincial government to take preventative measures including the establishment, funding and staffing of mussel inspection stations at strategic entrances into Alberta and the funding of a comprehensive awareness campaign on the risk of the species entering the province and the preventative measures boaters must take to eliminate the risk. MOTION CARRIED 9.11 Reward for Information Related to Ongoing Vandalism The Director of Corporate Services provided background information on this item and responded to questions from Council. Councillor G. Simpson indicated that Cenovus and the Eastern Irrigation District are offering a $10,000.00 reward towards any information that leads to a conviction. They have requested a letter of support from the County, but no financial commitment is required at this time. Council and staff are also being asked to promote and support the initiative. C-291/14 MOVED BY COUNCILLOR KELLY CHRISTMAN that the County of Newell endorses the reward program that has been sponsored by Cenovus and the Eastern Irrigation District in an effort to obtain information that will help find those responsible for the firearm vandalism that has been taking place in the Newell Region. Page 10 of 14 MOTION CARRIED Regular Council September 11, 2014 - 9.12 Southern Alberta Energy from Waste Association Collaborative Governance Framework The Director of Corporate Services provided background information on this item, indicating that the initial response to the questionnaire has been prepared. Council provided some amendments to the response. Councillor L. Juss responded to questions regarding the size of the board and equity in voting, indicating that the model is based on the number of landfill authorities. Councillor L. Juss responded to further questions from Council. C-292/14 MOVED BY COUNCILLOR LIONEL JUSS that Council endorses the Southern Alberta Energy from Waste Association Regional Governance Model Development draft questionnaire responses as submitted. MOTION CARRIED 9.13 Fire & Emergency Services - Village of Rosemary The Director of Corporate Services provided background information on this item, indicating that they want to proceed with a review but representatives from the Villages of Duchess and Rosemary should be involved to see if the existing agreements should be amended. The Director of Corporate Services responded to questions from Council. He suggested bringing together a group of people with representation from the fire departments and respective Councils to initiate the discussion. The Manager of Fire & Emergency Services responded to questions stating that the changes that have been made regarding budgeting through a uniform mill rate has been positive, though Rosemary has indicated they struggle to meet commitments, particularly on the capital side. The Chief Administrative Officer indicated that the lack of communication has been an issue raised during the regional CAO's meetings. He suggested that the Director of Corporate Services and the Manager of Fire & Emergency Services meet with the Councils of Rosemary and Duchess first, particularly if the discussion is focused on governance and agreements. Councillor K Christman suggested that this be an agenda item for the next Regional Municipal meeting. The Director of Corporate Services indicated that a formal meeting request would be sent to the Councils of Duchess, Rosemary, and Bassano with the expectation that they would each appoint a few representatives to attend the meeting. The Director of Corporate Services responded to questions from Council, indicating that more clarity is required regarding governance and at what level decisions are made. LEFT THE MEETING Councillor C. Amulung left the meeting at 4:19 p.m. The Director of Municipal Services responded to further questions from Council. This item will be discussed further during the next Regional Municipal Meeting. r Page 11 of 14 / Regular Council September 11, 2014 C-293/14 MOVED BY COUNCILLOR ELLEN UNRUH that County Administration together with the Village of Rosemary, commence a formal review of the Rosemary / Division 7 Fire Service Area Agreement and further, that representatives of each of the County's Urban Fire and Emergency Service partners also be invited to participate in joint discussions in an effort to enhance the consistency and coordination between Fire and Emergency Services throughout the Newell Region. MOTION CARRIED 9.14 Newsletter - Results of the Two Month Trial The Executive Assistant provided background information on this item and responded to questions from Council. Reeve M. Douglass indicated that pictures with text as captions illicit more responses than text articles and stressed the importance of reporting facts rather than opinions. Council agreed with the recommendation of the Executive Assistant. Articles of interest to County ratepayers will be published online as needed and not compiled in a regular newsletter. Newspaper advertising will return to previous practices and will also be published online. 9.15 Request for Proclamation -Muscular Dystrophy Awareness Month Council was presented with background information on this item. C-294/14 MOVED BY COUNCILLOR TRACY FYFE that the County of Newell hereby proclaims September 2014 as Muscular Dystrophy Awareness Month in the County of Newell. MOTION CARRIED ARRIVED AT MEETING Councillor C. Amulung returned at 4:24 p.m. 9.16 Councillor Payment Sheets (July 2014) Councillor C. Amulung indicated that additional time spent on Community of Leaders meetings should be considered a function of Council, as Motion C-204/14 from the June 5, 2014 Council Meeting only covered accommodation and meals for the workshop on June 22-25, 2014 for Councillor T. Fyfe and Councillor E. Unruh. Discussion followed. C-295/14 MOVED BY COUNCILLOR CLARENCE AMULUNG that meetings related to the Cenovus Community of Leaders program be considered a function of Council. MOTION CARRIED C-296/14 MOVED BY COUNCILLOR WAYNE HAMMERGREN that the July 2014 Councillor Payment Sheets be accepted with the amendments recommended by the Councillor Compensation Review Committee. MOTION CARRIED of�-_V Page 12 of 14 Regular Council September 11, 2014 9.17 Cheques for Payment i The Director of Corporate Services responded to questions from Council. C-297/14 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that cheque 178974 in the amount of $614,422.16, cheque 179029 in the amount of $772,343.49, cheque 179030 in the amount of $441,531.64, cheque 179031 in the amount of $533,705.45, and cheque 179091 in the amount of $728,143.29 be APPROVED. MOTION CARRIED 9.18 Payment Register The Director of Corporate Services responded to questions from Council. C-298/14 MOVED BY COUNCILLOR BRIAN DE JONG that the Payment Register be accepted. MOTION CARRIED 10. MUNICIPAL SERVICES BUSINESS - CONTINUED 10.2 Utilities - NRSC Report The Utilities-NRSC Report was presented to Council C-299/14 MOVED BY COUNCILLOR CLARENCE AMULUNG that the Director of Municipal Services Report and the Utilities - NRSC Report for September 2014 be APPROVED as presented MOTION CARRIED 11. POST AGENDA ITEMS 11.1 Alberta Urban Municipalities Association (AVMA) Membership Councillor B. de Jong provided background information on this item, suggesting that sending up to two Councillors to the AUMA Convention would be beneficial to continuing regional thinking. The Chief Administrative Officer indicated that the County has an associate membership. C-300/14 MOVED BY COUNCILLOR BRIAN DE JONG that up to two Councillors be permitted to attend the Alberta Urban Municipalities Association Convention as a function of Council. MOTION CARRIED 12. INFORMATION ITEMS 12.1 Mini Bus Monthly Report (July 2014) This item was accepted as information. Page 13 of 14 Regular Council September 11, 2014 12.2 Action on Smoking & Health - New Measures to Reduce & Prevent Tobacco Use in Your Community This item was accepted as information. 12.3 Correspondence - Highway 550 Intersection with Township Road 21-2 & Range Road 16-0 North of Rosemary This item was accepted as information. 13. QUESTION PERIOD/NOTICE OF MOTION A question period and notice of motion was held. 14. IN CAMERA C-301/14 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that we move in camera at 4:50 p.m. to discuss two labour issues. MOTION CARRIED C-302/14 MOVED BY COUNCILLOR TRACY FYFE that we move out of camera at 5:11 p.m. MOTION CARRIED 15. ADJOURN Being that the agenda matters have been concluded, the meeting adjourned at 5:11 p.m. r Signed this s� 'S ilk, Page 14 of 14