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HomeMy WebLinkAbout2020-06-25 Council (Regular) MinutesCOUNTY OF NEWELL MINUTES OF REGULAR COUNCIL June 25, 2020 The regular Council Meeting of the County of Newell was held in the County Office on Thursday, June 25, 2020 commencing at 10:08 a.m. The Chief Administrative Officer, being the Designated Officer for the County of Newell, attended at the County Council Chambers to allow members of the public to watch the livestream meeting proceedings. Notice was posted at the front entrance advising the public of the meeting. No members of the public were physically in attendance. MEMBERS B. de Jong, Deputy Reeve PRESENT: COUNCILLORS: C. Amulung H. Kallen A.M. Philipsen W. Hammergren T. Fyfe K. Christman E. Unruh M. Douglass, Reeve L. Juss STAFF: K. Stephenson, Chief Administrative Officer L. Johnson, Director of Corporate Services T. Green, Director of Agricultural Services (Meeting Moderator) G. Tiffin, Manager of Planning, Development & Engineering M. Jackson, Supervisor of Planning & Development M. Harbicht, Director of Municipal Services J. Nesbitt, Municipal Enforcement Supervisor M. Fenske, Manager of Finance A. Nielsen, Executive Assistant OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: J. Surgenor, Economic Development Officer - City of Brooks J. Mcintosh, Temporary Communications/Economic Development Officer - City of Brooks R. Lutzer, Success Resources Ltd. 1. CALL TO ORDER Deputy Reeve B. de Jong called the meeting to order at 10:08 a.m. He noted that Reeve M. Douglass was participating in other events throughout the day and would be available to participate for portions of the meeting. 2. EXCUSED FROM MEETING All members were in attendance at this meeting. Regular Council June 25, 2020 3. ADOPTION OF MINUTES 3.1 Minutes - Council (June 11, 2020) C-231/20 MOVED BY COUNCILLOR WAYNE HAMMERGREN that the June 11, 2020 Council Meeting minutes be adopted as presented. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS Deputy Reeve B. de Jong called for post agenda items. 5. ADOPTION OF AGENDA C-232/20 MOVED BY COUNCILLOR TRACY FYFE that the agenda be adopted as amended. MOTION CARRIED 6. QUESTION PERIOD/NOTICE OF MOTION A question period and notice of motion was held. No County Ratepayers were in attendance. The moderator indicated that there were no questions from the public. 7. BYLAWS 7.1 Bylaw 1996-20 - 20 LUA 004 (SE 22-15-15-W4 - A to SH) The Supervisor of Planning & Development provided background information on this item and responded to questions from Council. C-233/20 MOVED BY COUNCILLOR WAYNE HAMMERGREN that Bylaw 1995-20, being a bylaw to amend Land Use Bylaw 1892-17 by redesignating approximately 17.41 acres (7.046 hectares) in SE 22-15-15-W4 from A - Agricultural District to SH - Small Holdings District, be given FIRST reading. MOTION CARRIED 9. ADMINISTRATIVE BUSINESS 9.1 Professional Planning Services The Manager of Planning, Development & Engineering provided background information on this item, including an overview of the ranking criteria, the priorities and projects to be completed, and projected costs and funding sources. Council was given the opportunity to ask questions. The Manager of Planning, Development & Engineering indicated that the initial contract will be two years with the option to extend for an additional one year if both parties agree. He responded to questions regarding the termination clause. ISL Engineering and Land Services will be given all current Planning & Development bylaws, policies, and plans. County staff will be handling files currently in progress, using ISL Engineering and Land Services for assistance when necessary. The Manager of Planning, Development & Engineering provided an update on historical records, Page 2 of 11 Regular Council June 25, 2020 indicating that the County is now in possession of 50-60 boxes of hard copy subdivision files. The Oldman River Regional Services Commission will provide electronic copies of statutory documents to the County C-234/20 MOVED BY COUNCILLOR CLARENCE AMULUNG that County Council authorizes Administration to enter into a Services Agreement with ISL Engineering and Land Services based on the terms and conditions advertised in the Request For Proposals, scope of services and fee for services provided in their Proposal. MOTION CARRIED LEFT THE MEETING M. Jackson left the meeting at 10:31 a.m. 9.2 Development Agreements & Security The Manager of Planning, Development & Engineering provided background information on this item, indicating that security allows the County to remedy situations where a developer has failed to complete the infrastructure requirements outlined in a development agreement. The Municipal Government Act gives a municipality the opportunity to require security from a developer to ensure that infrastructure that will eventually be taken over by the municipality is constructed to adequate standards. The Manager of Planning, Development & Engineering outlined the current process, indicating that security has been taken in some situations. He provided examples of security taken by other municipalities, indicating that some use a sliding scale that requires less security from repeat developers who have not defaulted. He further indicated that it would be reasonable to require 125% of estimated construction costs for infrastructure that will be maintained by the County in the future. The Manager of Planning, Development & Engineering indicated that he has contacted some of the developers with incomplete developments in the County and they are working towards completion. Council was given the opportunity to ask questions. Concerns were raised with situations where landowners have not been made aware of deficiencies at the time the land is purchased, and Council indicated that it is important to ensure developers complete the projects in a timely fashion. Discussion followed regarding how to obtain security to ensure a development is completed to County standards without discouraging development. The Manager of Planning, Development & Engineering explained how security is calculated. The Director of Corporate Services responded to questions regarding offsite development levies. Discussion followed regarding whether it would be possible to allow a developer to use assets as security rather than cash. The Manager of Planning, Development & Engineering indicated that he would investigate. The Director of Municipal Services provided information on engineered design guidelines and construction standards that were adopted in 2012, indicating that developers are expected to meet these standards. He explained the inspection process involved with finalizing a development. The Manager of Planning, Development & Engineering responded to further questions, suggesting that requiring security allows a developer to determine actual costs for the development and decide whether the project makes sense. Discussion followed and the Manager of Planning, Development & Engineering indicated that he would do more research Page 3 of 11 Regular Council June 25, 2020 on a sliding scale for security that would reward good developers and encourage them to do further development. He responded to further questions from Council. ARRIVED AT MEETING J. Surgenor and J. McIntosh arrived at 11:00 a.m. 8. DELEGATIONS 8.1 Brooks Region Economic Development Team - Economic Recovery Task Force J. Surgenor provided an overview of the Economic Recovery Task force, which consists of the Brooks Region Economic Development Team and members of the local business community. J. McIntosh reported that surveys were completed by business organizations and owners with questions regarding how the pandemic has affected their business and stimulus ideas for the Brooks Region. She gave an overview of some potential projects resulting from the survey responses. Immediate options include downtown revitalization projects, shop local campaigns, and off -highway vehicle usage. Short term ideas to be considered by the County and the City include encouraging development by waiving permit fees and fixing processes, providing local contractors an advantage in bidding processes, and completing the pathway to Lake Newell. Long term ideas include upgrading internet, diversifying the local economy, working with JBS, creating more indoor and outdoor recreation, and tourism development. Council was given the opportunity to ask questions. J. Surgenor provided further information regarding assisting JBS Foods with growing their local operations, indicating that communications regarding their workforce development strategy are ongoing. Discussions will begin at Joint Services Committee to determine how the City and County can assist local businesses and promote development. J. McIntosh responded to questions regarding businesses that will not be reopening as a result of COVID-19. indicating that she was only aware of two closures. J. Surgenor noted that information on available business supports has been posted on a website and efforts to engage with businesses to determine what assistance is required continue. J. Surgenor responded to questions regarding upgrading internet service, indicating that they had been working with the Palliser Economic Partnership and partnering with other municipalities. J. Surgenor responded to questions regarding the Lake Newell path development, indicating that the Eastern Irrigation District has not yet been contacted. J. McIntosh indicated that only the immediate items have been discussed so far. Once those items move forward, the short- and long-term ideas will be discussed further. ARRIVED AT MEETING Reeve M. Douglass arrived at 11:30 a.m. J. McIntosh responded to questions regarding the impact of COVID-19, indicating that they want to ensure businesses can continue to operate under provincial restrictions while also preparing for a potential second wave of the virus. J. Surgenor indicated the three biggest issues are following Occupational Health & Safety requirements, finding resources, and mental health. Further discussion on this item was postponed until later during this meeting. Page 4 of 11 Regular Council June 25, 2020 LEFT THE MEETING J. Surgenor and J. McIntosh left the meeting at 11:35 a.m. 10. MUNICIPAL SERVICES BUSINESS 10.1 Unsightly Property The Director of Municipal Services provided background information on the process by which unsightly premises complaints are addressed and requested direction on whether amendments to the bylaw are required. He provided details on the process outlined in the Municipal Government Act. Currently, it is at the discretion of the Municipal Enforcement Officer to decide whether a property is unsightly as the County has no Community Standards bylaw. Further, a public complaint must be received in writing before enforcement can begin. Discussion followed regarding whether a public complaint is required for vacant properties. The Director of Municipal Services indicated that a name and contact information must be provided with a complaint to ensure the issue has been addressed, but that information is held confidentially by Municipal Enforcement. The Municipal Enforcement Officer indicated that a written complaint provides the legal reason for an enforcement officer to enter someone's property. A complainant's name and contact information is required to follow up on the complaint and provide information on the process, which can be lengthy. The Chief Administrative Officer suggested that complaints from Council could be acceptable, but the process must be fairly applied, and the action required by staff reasonable. The Director of Municipal Services requested direction from Council on specific changes to the bylaw, such as regular enforcement within hamlets and other high density areas or community entrances, noting that additional time for enforcement staff will need to be considered in the budget. Discussion followed. LEFT THE MEETING Reeve M. Douglass and M. Harbicht left the meeting at 12:00 p.m. The Municipal Enforcement Supervisor responded to further questions from Council. C-235/20 MOVED BY COUNCILLOR KELLY CHRISTMAN that County Council change nothing on the basis that labour requirements to proactively manage and enforce Unsightly Premises is not affordable and that the current process and procedures meet the expectations of the County ratepayers. MOTION CARRIED LUNCH Council RECESSED for lunch at 12:10 p.m. and RECONVENED at 1:00 p.m. Page 5 of 11 Regular Council June 25, 2020 ARRIVED AT MEETING R. Lutzer and M. Fenske arrived at 1:00 p.m. 8. DELEGATIONS — continued 8.2 Request for Property Tax Review - Success Resources Ltd. R. Lutzer provided background information about himself and Success Resources Ltd. When Success Resources Ltd. purchased property in Scandia from Kanex Energy Corp. in 2014 they were unaware that there were unpaid prior taxes. He displayed a balance sheet for this property showing financial losses as a result of poor gas prices and other factors. He also displayed a spreadsheet showing taxes and penalties on the property, indicating that is impossible to catch up. R. Lutzer indicated that the property tax penalty system is punitive and requested that the penalties and a portion of the Kanex Energy Corp. taxes be withdrawn to allow Success Resources Ltd. to raise funds to drill new wells. Council was given the opportunity to ask questions. R. Lutzer indicated that new wells produce at higher rates than old wells and thus generate more revenue. He responded to questions regarding long-term plans for lower producing wells and whether they fit within the orphan well program. He also provided information regarding the Alberta Site Rehabilitation Program. The Manager of Finance responded to questions regarding tax revenue from the oil and gas industry. He noted that Success Resources Ltd makes up about 30% of taxes owed by oil and gas companies to the County. He cautioned Council about making concessions for individual companies and instead making changes for all oil and gas companies if that is their intent. The Manager of Finance explained how tax penalties are applied, acknowledging that penalties compound quickly if a significant amount is owing. R. Lutzer responded to further questions, suggesting that taxes be based on the commodity price. The Manager of Finance responded to questions regarding tax recovery options for oil and gas property. Discussion followed. Deputy Reeve B. de Jong thanked R. Lutzer for his presentation. Further discussion on this item was postponed until later during this meeting. LEFT THE MEETING R. Lutzer left the meeting at 1:32 p.m. 9. ADMINISTRATIVE BUSINESS 9.3 2020 Municipal Census & Divisional Boundary Review The Director of Corporate Services provided background information on this item. The municipal census could proceed in September with all residents being encouraged to use the online option. If door-to-door follow up is required, the census takers would be required to follow COVID-19 safety protocols. The Director of Corporate Services responded to questions from Council regarding consultation process on divisional boundary realignment, outlining various options available that do not require large public meetings. Page 6 of 11 Regular Council June 25, 2020 ARRIVED AT MEETING Reeve M. Douglass returned at 1:37 p.m. Discussion followed. Councillor E. Unruh expressed concerns with the timing of the census, as a second wave of COVID-19 is anticipated in the fall. C-236/20 MOVED BY COUNCILLOR WAYNE HAMMERGREN that Council authorizes Administration to proceed with the 2020 Municipal Census in late summer/early fall of 2020 to capture information that will be used to assist Council in redistributing the County's population across electoral divisions. MOTION CARRIED 9.4 Launching Village of Duchess Recreation Agreement Discussions The Director of Corporate Services provided background information on this item. The Village of Duchess has appointed three members of their Council to a committee that is prepared to initiate discussions with the County on recreation funding. Council was given the opportunity to ask questions. The Chief Administrative Officer provided further background information, indicating that discussions must continue at the political level to determine the terms of the recreation agreement. Discussion followed. Councillor A.M. Philipsen nominated Reeve M. Douglass. Reeve M. Douglass nominated Councillor K. Christman. Councillor E. Unruh nominated Councillor C. Amulung. C-237/20 MOVED BY COUNCILLOR TRACY FYFE that Reeve M. Douglass, Councillor C. Amulung, and Councillor K. Christman be appointed to the committee responsible for negotiating a recreation agreement between the County of Newell and the Village of Duchess. MOTION CARRIED 9.5 Community Engagement Initiative on Potential Changes in Recreation Facility & Program Funding The Director of Corporate Services provided background information on this item, suggesting that it would be appropriate to initiate a formal consultation process that would allow community groups operating recreation facilities to provide input on how recreation is funded throughout the County. A community engagement plan would be developed for Council to review prior to the start of the consultation process. The Director of Corporate Services responded to questions from Council, indicating that the goal of the consultation would be to create a funding model that would outline terms and conditions that a community group would need to follow in order to receive recreation funding. The key participants in this process are the community groups that own and/or operate recreation facilities within the County of Newell. Discussion followed regarding whether recreation should be addressed by individual division or for the entire region. One disadvantage to the regional approach may be a loss of the sense of ownership felt by the community groups operating the facilities. The Chief Administrative Officer provided further information, indicating that once the recreation agreements are in place with our urban partners, a long-term capital plan can be developed and approved for the region. He suggested that the consultation process could help determine how and Page 7 of 11 Regular Council June 25, 2020 where funds are allocated, establish partnerships, and prioritize recreation facilities for replacement. Further discussion followed. The Director of Corporate Services indicated that he would prepare the community engagement plan for Council to review before making a decision on whether to proceed with the public consultation. 9.6 Set Date for Budget Planning Meeting with Council & Department Heads The Director of Corporate Services provided background information on this item and responded to questions from Council. Discussion followed. C-238/20 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that Council set a budget planning meeting for July 28, 2020 beginning at 8:30 a.m. MOTION CARRIED 9.7 Councillor Payment Sheets (May 2020) C-239/20 MOVED BY COUNCILLOR HUBY KALLEN that the May 2020 Councillor Payment Sheets be accepted with the amendments recommended by the Councillor Compensation Review Committee. MOTION CARRIED 9.8 Cheques for Payment C-240/20 MOVED BY COUNCILLOR ELLEN UNRUH that cheque 187940 in the amount of $563,623.85 be APPROVED. MOTION CARRIED 9.9 Payment Register C-241/20 MOVED BY COUNCILLOR MOLLY DOUGLASS that the Payment Register be accepted. MOTION CARRIED ARRIVED AT MEETING M. Harbicht arrived at 2:14 p.m. 10. MUNICIPAL SERVICES BUSINESS 10.2 Tender Award - 2020 Road Rehabilitation The Director of Municipal Services provided background information on this item and responded to questions from Council. The Director of Municipal Services provided information regarding the evaluation criteria used to rank the bids. The evaluation criteria are included in the tender documents so that any potential bidders are aware of what they are being evaluated on. The Director of Municipal Services and the Chief Administrative Officer responded to questions from Council. The Director of Municipal Services provided the information used to compare the two qualified tenders. Page 8 of 11 Regular Council June 25, 2020 C-242/20 MOVED BY COUNCILLOR LIONEL JUSS that Council awards the 2020 Road Rehabilitation Program tender to Brooks Asphalt & Aggregate Ltd. for the tendered price of $396, 312.00. MOTION CARRIED 9. ADMINISTRATIVE BUSINESS — continued 9.10 Requests for Functions of Council Councillor K. Christman reported that she had not been able to register in the Elected Officials Education Program Virtual Course that started in June but was able to register in the sessions starting August 13, 2020. C-243/20 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that Councillor Kelly Christman be permitted to attend the Elected Officials Education Program Virtual Course on Council's Role in Public Engagement starting on August 13, 2020 as a function of Council. MOTION CARRIED 11. COMMITTEE REPORTS 11.1 Alberta Seniors Communities & Housing Association Annual General Meeting (Councillor A.M. Philipsen) Councillor A.M. Philipsen submitted a written report and responded to questions from Council. 11.2 Palliser Economic Partnership Councillor W Hammergren reported that the tiny house project in Bassano is seeking more funding. The Palliser Economic Partnership's Annual General Meeting will be held on September 18, 2020 in Oyen, AB. The committee investigating value added agriculture will no longer be looking at options in China. Non -matching funding is available through Alberta Economic Development, Trade & Tourism. Lethbridge County is now leading the broadband internet project. 11.3 Joint Services Committee Councillor T. Fyfe reported that discussion occurred last meeting regarding putting together a subcommittee of community members that would focus on physician retention. Reeve M. Douglass provided additional information, indicating there is less local involvement in attracting physicians to communities so the focus has shifted to retaining doctors in rural areas. 8. DELEGATIONS — continued 8.2 Request for Property Tax Review - Success Resources — continued Discussion continued. The Chief Administrative Officer provided additional information, noting that further changes to assessment are expected and tax Page 9 of 11 Regular Council June 25, 2020 revenue not collected from one area becomes a liability that must be collected from other ratepayers. He expressed concerns with setting a precedent, stating that issues with tax arrears must be dealt with carefully. Discussion followed. The Manager of Finance provided further information, indicating that Success Resources Ltd. had been given the opportunity to enter a tax payment agreement last year. He indicated that penalties are applied to encourage landowners to pay them. Further discussion occurred. Council agreed with the suggestion made by the Chief Administrative Officer to offer Success Resources Ltd. the opportunity to enter into a tax payment agreement that would freeze additional penalties going forward. 12. POST AGENDA ITEMS 12.1 Southern Alberta Energy from Waste Association (SAEWA) Project - Request to Increase Support of Grant Application The Director of Corporate Services provided background information on this item. In order to be considered for funding under the Emissions Reduction Alberta (ERA) - Partnership Intake Program, the Southern Alberta Energy from Waste Alliance (SAEWA) project requires support from a "Trusted Partner. " SAEWA has requested the County's assistance in directly engaging with MLA M. Glasgo and provincial cabinet ministers to increase the level of support for the project. The Director of Corporate Services responded to questions from Council. The Chief Administrative Officer asked what is required of the trusted partner and whether there is a dollar value or percentage share associated with the project. Councillor L. Juss indicated that the total value of the SAEWA project will be over $400 million. The Director of Corporate Services indicated there is a list of a number of successful projects on the ERA website. SAEWA is not currently applying for a specific dollar amount but requires a trusted partner to refer the project to ERA before they can be considered for funding. The Director of Corporate Services outlined the process, which would start with a conversation at the Joint Services Committee level with MLA M. Glasgo to discuss the importance of the SAEWA project and determine what can be done to increase the project's profile with the provincial government. Discussion followed and it was suggested that MLA M. Glasgo be contacted prior to the meeting to allow her to gather information. The Chief Administrative Officer indicated that it should be clear what is expected from the trusted partner. Discussion followed and Council indicated that R. Juska should be involved in the meeting with the MLA to provide information on behalf of SAEWA. C-244/20 MOVED BY COUNCILLOR KELLY CHRISTMAN that Council supports the request from the Southern Alberta Energy from Waste Alliance for assistance and proceeds with initiating a lobby effort directed at the Government of Alberta in an effort to eventually obtain funding support through the Emissions Reduction Alberta program. 13. INFORMATION ITEMS 13.1 Strategic Priorities Chart MOTION CARRIED This item was accepted as information. Page 10 of 11 Regular Council June 25, 2020 13.2 Upcoming Community Events Council was provided a form to submit information for upcoming events in their community. Discussion followed regarding Canada Day celebrations and it was noted that the usual public events requiring Council representation have been cancelled due to COVID-19. 8. DELEGATIONS — continued 8.1 Brooks Region Economic Development Team - Economic Recovery Task Force — continued Discussion continued. Council indicated that the Eastern Irrigation District should be included in broadband internet projects. It was further noted that the survey questions were not sufficiently answered, and the projects identified would have been done regardless of COVID-19. Discussion followed regarding the Off - Highway Vehicle Usage project and development of a pathway to Lake Newell and Council indicated that the Economic Recovery Task Force should continue to work on these projects. Discussion followed regarding encouraging development. The Chief Administrative Officer suggested that COVID-19 is compounding problems with development and an aggressive marketing campaign or incentives may be required to draw people and businesses to the area. Discussion followed and Council indicated that improving internet service for the region is a key project that should move forward. It is also important to develop the area so that it is attractive to people. It was further suggested that Economic Development should be responsible for spearheading the SAEWA project in the community. 14. IN CAMERA C-245/20 MOVED BY COUNCILLOR HUBY KALLEN that we move in camera at 3:39 p.m. to discuss the following matters: • Legal -FOIPP Act Section 27. MOTION CARRIED C-246/20 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that we move out of camera at 4:25 p.m. MOTION CARRIED 15. ADJOURN Being that the agenda matters have been concluded, the meeting adjourned at 4:25 p.m. Signed this day of �V 2020 Reeve l CouMy Adtxk'rfiistrator Page 11 of 11