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HomeMy WebLinkAbout2020-12-10 Council (Regular) Minutes COUNTY OF NEWELL MINUTES OF REGULAR COUNCIL December 10, 2020 The regular Council Meeting of the County of Newell was held in the County Office on Thursday, December 10, 2020 commencing at 10:36 a.m. The Chief Administrative Officer, being the Designated Officer for the County of Newell, set up the County Council Chambers to allow members of the public to watch the livestream meeting proceedings. The Manager of Planning, Development & Engineering was present to assist the one ratepayer in attendance to connect with Council. Notice was posted at the front entrance advising the public of the meeting. Six members of the public joined the meeting via Lifesize. MEMBERS M. Douglass, Reeve PRESENT: COUNCILLORS: C. Amulung H. Kallen 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 T. Green, Director of Agricultural Services (Meeting Moderator) M. Fenske, Manager of Finance S. Luchies, Rural Fire & Emergency Services Coordinator G. Tiffin, Manager of Planning, Development & Engineering M. Harbicht, Director of Municipal Services A. Nielsen, Executive Assistant OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: K. Steinley, Newell Regional Services Corporation 1 County of Newell Ratepayer physically in attendance 6 County of Newell Ratepayers participating online via Lifesize 1. CALL TO ORDER Reeve M. Douglass called the meeting to order at 10:36 a.m. 2. EXCUSED FROM MEETING All members were in attendance at this meeting. Regular Council December 10,2020 3. ADOPTION OF MINUTES 3.1 Minutes - Council (November 19, 2020) C-372/20 MOVED BY COUNCILLOR KELLY CHRISTMAN that the November 19, 2020 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-373/20 MOVED BY COUNCILLOR LIONEL JUSS 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 physically in attendance. The moderator indicated that there were no questions from the public. The Director of Corporate Services provided an update on Bylaw 1998-20(Establishment of Electoral Division Boundaries & Number of Councillors). A letter has been received that indicates that the County has not met the full notification requirements for the bylaw, which includes outlining the process for the public to petition against the bylaw. The Director of Corporate Services indicated that the public participation portion of this meeting can proceed at 1:00 p.m. but the bylaw will need to be readvertised for two consecutive weeks and a special meeting scheduled between Christmas and New Year's Day for consideration of second and third reading. The Director of Corporate Services and the Chief Administrative Officer responded to questions from Council. 9. ADMINISTRATIVE BUSINESS 9.4 Regional Quality Management Plan (Fire Accreditation) The Rural Fire & Emergency Services Coordinator provided background information on this item including an overview of the revisions requested by Safety Codes Council. The revised Quality Management Plan has a/so been submitted to the Councils of the Town of Bassano, Village of Duchess, and Village of Rosemary for approval. C-374/20 MOVED BY COUNCILLOR KELLY CHRISTMAN that the REVISED Regional Quality Management Plan (Fire Accreditation) be APPROVED as presented. MOTION CARRIED Page 2 of 11 Regular Council December 10,2020 9.5 Policy for Recognition of Donations from User Groups The Rural Fire & Emergency Services Coordinator provided background information on this item and responded to questions from Council. Council provided direction to the Rural Fire & Emergency Services Coordinator and the Director of Corporate Services to develop a policy outlining the process for recognizing donations made to the County's Emergency Services. LEFT THE MEETING S. Luchies left the meeting at 11:03 a.m. ARRIVED AT MEETING K. Steinley arrived at 11:04 a.m. 10. MUNICIPAL SERVICES BUSINESS 10.1 Utilities - NRSC Report K. Steinley presented The Utilities - NRSC Report to Council, giving an overview of the highlights. Council was given the opportunity to ask questions. K. Steinley responded to questions regarding Newell Regional Services Corporation's COVID-19 safety protocols. LEFT THE MEETING K. Steinley left the meeting at 11:09 a.m. 7. BYLAWS 7.2 Bylaw 1999-20 Schedule of Fees The Manager of Finance provided background information on this item including an overview of the changes to the Schedule of Fees bylaw. Council was given the opportunity to ask questions. C-375/20 MOVED BY COUNCILLOR BRIAN DE JONG that Bylaw 1999-20, being a bylaw for the purpose of establishing a schedule of fees, be given FIRST reading. MOTION CARRIED 9. ADMINISTRATIVE BUSINESS — continued 9.2 Tax Payment Request -Torxen Energy Ltd. The Manager of Finance provided background information on this item. As this is the third year that a request has been submitted, the Manager of Finance requested authorization to enter into an ongoing agreement. The Manager of Finance responded to questions from Council, indicating that no requests for tax payment agreements have been received from other corporations or individuals. Page 3 of 11 Regular Council December 10,2020 C-376/20 MOVED BY COUNCILLOR WAYNE HAMMERGREN that Administration is authorized to enter into an individual tax payment agreement with Torxen Energy Ltd. that defers the collection of a portion of their linear property taxes owing in 2021 and future years without penalty on condition that regularly scheduled payments are made on time. MOTION CARRIED 9.3 Intermunicipal Collaboration Framework, Fire, � Recreation Agreements - City of Brooks The Manager of Finance provided an overview of the Intermunicipal Collaboration Framework(ICF) agreement between the City of Brooks and the County of Newell which formalizes eleven service arrangements. The Rural Fire Protection Services agreement and the Recreation, Parks & Culture Services agreement were updated as a result of the discussions. The Manager of Finance provided an overview of significant changes included in these agreements and a summary of financial impacts to the County. He indicated that termination clauses have been included in the agreements but recommended amending these clauses to state that either party may terminate the agreement by providing 365 days written notice so that the intent is clear. Council was given the opportunity to ask questions. The Manager of Finance responded to further questions from Council, indicating that the ICF agreement has a five-year term starting January 1, 2020. Discussion followed. C-377/20 MOVED BY COUNCILLOR LIONEL JUSS that Council APPROVES the Intermunicipal Collaboration Framework Agreement, the Rural Fire Protection Services Agreement, and the Recreation, Parks & Culture Services Agreement with the City of Brooks with the amended termination clause stating a minimum of three hundred and sixty-five (365) days notice. MOTION CARRIED LEFT THE MEETING M. Fenske left the meeting at 11:40 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. A nutrient management conference is being planned as part of an agronomy update in January. The Director of Agricultural Services provided information on the Agricultural Services Board Conference which will be held online on January 21, 2021. He indicated that resolutions would be available for review during the January 7, 2021 Council meeting. It was noted that January 21, 2021 is a regular Council meeting day. Page 4 of 11 Regular Council December 10,2020 9. ADMINISTRATIVE BUSINESS — continued 9.1 Planning & Development Report The Planning & Development Report for November 2020 was presented to Council. Council was given the opportunity to ask questions. C-378/20 MOVED BY COUNCILLOR KELLY CHRISTMAN that the Planning & Development Report for November 2020 be accepted as presented. MOTION CARRIED 9.6 Advance Preparations for Local Authorities Election (October 18, 2021) The Director of Corporate Services provided background information on this item. He outlined changes that have been made to the nominations process that require the municipality to accept nomination papers starting January 1, 2021. The Director of Corporate Services indicated that a group of County staff will be responsible for running the election with two staff inembers formally appointed as the Returning Officer and Substitute Returning Officer. C-379/20 MOVED BY COUNCILLOR BRIAN DE JONG that Layne Johnson be appointed as the Returning Officer and that Susan Yokoyama be appointed as the Substitute Returning Officer for the County of Newell for the 2021 Local Authorities Election. MOTION CARRIED Discussion followed regarding the other preliminary matters involved with the 2021 Local Authorities Election: • Election Day will be held on October 18, 2021 -no change required. • Nomination papers will be received at the County of Newell Office-no other locations are required. • Deposits will not be required of candidates submitting nomination papers. • Default measures will apply in the event of a candidate passing away between nomination day and election day—no change required. • Voting stations- Local Authorities Election Act permits one per division. If additional voting stations are required, this will be dealt with closer to Election Day. Discussion followed regarding advance polls and the possibility of mobile polling stations. The Director of Corporate Services responded to questions. • Ballots will be printed with candidates listed in alphabetical order - no change required. • Default voting hours will be used (10:00 a.m. to 8:00 p.m. local time) - no change required. • A permanent voter register and list of electors will not be prepared - no change required. • Voter identification requirements will be as per Loca/Authorities Election Act Section 53.01 -no change required. LUNCH Council RECESSED for lunch at 12:08 pm and RECONVENED at 1:03 p.m. Page 5 of 11 Regular Council December 10,2020 7. BYLAWS —continued 7.1 Bylaw 1998-20 Establishment of Electoral Division Boundaries & Number of Councillors Reeve M. Douglass welcomed the members of the public who had joined the meeting. One County Ratepayer was physically in attendance in Council Chambers and six County Ratepayers participated online via Lifesize. The Director of Corporate Services provided background information on this item. While a public consultation process and advertising has occurred, a letter received yesterday indicated that the County's advertisements had omitted outlining the process whereby the public could petition against the proposed bylaw. The Director of Corporate Services outlined the next steps, indicating that Council can continue with today's public participation session and receive feedback, then provide direction to proceed with formal re-advertising of Bylaw 1998-20, ensuring that it meets the full requirements of the Municipal Government Act. Second and third reading of Bylaw 1998-20 can be considered during a special meeting of Council held prior to December 31, 2020. The Director of Corporate Services reported that all public input received so far has been posted to the County's web page and is a/so included in today's Council agenda package. Reeve M. Douglass reviewed the procedures that would be followed for the public participation portion of this meeting. D. Stabbler spoke in opposition to proposed Bylaw 1998-20 and asked how many letters in support of the reduction in electoral divisions had been received. He expressed concerns with the public consultation process used and the lack of in- person public consultations, noting that the survey did not have enough options and that ratepayers were not contacted individually. He further indicated that ratepayers should have been able to vote on the 35% shallow gas tax reduction. Reeve M. Douglass replied that COVID-19 has removed the ability for municipalities to hold town hall meetings in person, but other opportunities were used to communicate with ratepayers. She provided additional information regarding the shallow gas tax reduction, indicating that the process began a year ago and it is an ongoing issue between municipalities and the Government of Alberta. The Director of Corporate Services provided information regarding the survey, which was prepared by staff and approved by Council before it was published. The goal of the survey was to provide an opportunity for the public to provide feedback. In that regard, the survey was successful as many comments were received. He indicated that 161 survey responses had been submitted. Reeve M. Douglass indicated that, while no letters in support of the bylaw had been received, the negative feedback received was a/so limited. Alternate maps were submitted by two ratepayers and have been included in the Council agenda package. She noted that the Brooks Bulletin is free and delivered to all residents of the County of Newell and is regularly used, along with the Bassano Times, for public notification purposes. Page 6 of 11 Regular Council December 10,2020 Individual Councillors reported on conversations with ratepayers in their divisions regarding the proposed electoral division boundaries. Councillor E. Unruh indicated that ratepayers from Division 7 had preferred the eight division map that appeared in the November 25, 2020 issue of the Brooks Bulletin and expressed concerns regarding the short time frame provided for public consultation. Each member of the public in attendance was given the opportunity to speak. Councillor W. Hammergren indicated that he had spoken to several ratepayers from Division 4 and their main concern is that the proposed maps separated the communities and they would prefer to remain together. Concerns were also expressed regarding the short time frame provided for public consultation. Councillor W. Hammergren indicated that he did not believe that many Division 4 ratepayers are opposed to reducing the number of divisions to seven and suggested looking further into map options that keep Scandia, Rainier, and Bow City together in one division while maintaining an acceptable population distribution. K. Jacobsen suggested that more research is required to prepare divisional boundaries that would maintain even population distribution for many years. She read the letter that was submitted to the County of Newell on December 9, 2020 outlining the deficiencies in handling the bylaw and requesting that Bylaw 1998-20 be withdrawn. Reeve M. Douglass asked K. Jacobsen what was meant by the phrase "rural representation will be lost." K. Jacobsen replied that ratepayers with an agricultural focus have differing needs than ratepayers who own small acreages. Discussion followed and Council indicated that elected officials are elected by the ratepayers to represent everyone in their communities and make decisions based on what is best for the County as a whole. The Director of Corporate Services responded to questions regarding how readvertising would affect the deadlines. A bylaw changing electoral division boundaries must be in place by December 31, 2020 in order to take effect for the 2021 election. The public would have 60 days after the date of the last advertisement to submit a valid petition objecting to the bylaw. Discussion followed. E. Chandler indicated that representation is being lost for all County ratepayers in the reduction from 10 to 7 Councillors and asked why this change is necessary. She a/so expressed concerns with the short time frame and suggested that more time is needed to establish divisional boundaries that work for the entire County. No further comments were received from the members of the public participating in the meeting. The Director of Corporate services reiterated the steps that would be required if Council intends to proceed with 2nd and 3rd reading of Bylaw 1998-20. The bylaw would need to be readvertised over the next two weeks and a date set for a special meeting of Council to consider the bylaw. The Director of Corporate Services Page 7 of 11 Regular Council December 10,2020 responded to questions, indicating that changes can be made to the map (Schedule A) at any time prior to 2nd and 3rd reading. C-380/20 MOVED BY COUNCILLOR BRIAN DE JONG that Administration proceed with readvertising bylaw 1998-20 in accordance with Section 606 of the Municipal Government Act. Discussion followed and Council suggested that Administration prepare a map that keeps Scandia, Rainier, and Bow City together to address the concerns of Division 4 ratepayers. The Director of Corporate Services responded to questions from Council, indicating that the bylaw must be advertised with the map that was included when the bylaw was given first reading. Changes to the map can be considered prior to the bylaw receiving second or third reading. Discussion � followed regarding the advertisement. The Director of Corporate Services � indicated that the issue with the previous advertisement was that it omitted specific j wording required under the Municipal Government Act Section 606. Reeve M. Douglass called the question. VOTE ON MOTION C-380/20 - MOTION CARRIED Discussion followed regarding scheduling a special meeting of Council to discuss Bylaw 1998-20. C-381/20 MOVED BY COUNCILLOR KELLY CHRISTMAN that a Special Meeting of Council be held on December 29, 2020 starting at 10:00 a.m. local time for the purpose of giving further consideration to approving Bylaw 1998-20 (Establishment of Electoral Division Boundaries & Number of Councillors). MOTION CARRIED 9. ADMINISTRATIVE BUSINESS 9.7 Request for Letter of Support - Southern Alberta Energy from Waste Association The Director of Corporate Services provided background information on this item and responded to questions from Council. C-382/20 MOVED BY COUNCILLOR LIONEL JUSS that the County of Newell provides a letter in support of the Southern Alberta Energy from Waste Association's application to the Emissions Reduction Alberta - Shovel Ready Fund Program. MOTION CARRIED 9.8 Update - Eastern Irrigation District Broadband Internet The Chief Administrative Officer provided background information on this item and responded to questions from Council. Page 8 of 11 Regular Council December 10,2020 C-383/20 MOVED BY COUNCILLOR BRIAN DE JONG that Council provides two (2) letters of support to the Eastern Irrigation District for their application for Broadband Funding under the Universal Broadband Funding Program: 1. Phase 1 Internet Upgrades (Duchess, Rosemary, and One Tree areas) 2. Phase 2 Internet Upgrades (remainder of the County of Newell). MOTION CARRIED 9.9 Joint Municipal Meeting (December 16, 2020) -Agenda Items Discussion followed regarding agenda items. The Executive Assistant responded to questions from Council. Council suggested a toast to all municipalities for completing the Intermunicipal Collaboration Framework Agreements. � 9.10 Assessment Model Changes— Public Awareness There was no new information on this item to discuss. 9.11 Councillor Payment Sheets (November 2020) C-384/20 MOVED BY COUNCILLOR TRACY FYFE that the November 2020 Councillor Payment Sheets be accepted with the amendments recommended by the Councillor Compensation Review Committee. MOTION CARRIED 9.12 Cheques for Payment C-385/20 MOVED BY COUNCILLOR HUBY KALLEN that EFT0007162 in the amount of $424,032.00 be APPROVED. MOTION CARRIED 9.13 Payment Register C-386/20 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the Payment Register be accepted. MOTION CARRIED 9.14 Requests for Functions of Council There were no functions of Council to discuss at this meeting. 10. MUNICIPAL SERVICES BUSINESS —continued 10.2 Director of Municipal Services Report The Director of Municipal Services presented his report to Council, giving an overview of the highlights. Council was given the opportunity to ask questions. Page 9 of 11 Regular Council December 10,2020 C-387/20 MOVED BY COUNCILLOR TRACY FYFE that the Director of Municipal Services Report and the Utilities - NRSC Report for November 2020 be APPROVED as presented. MOTION CARRIED 10.3 Tender Award - Bridge File Replacement/Extension Work Along One Tree Road The Manager of Planning, Development & Engineering provided background information on this item, including an overview of the remediation plans and the bids received. He responded to questions from Council regarding the engineering component required by the province as Alberta Transportation owns the bridge i structures. The Manager of Planning, Development & Engineering responded to I questions regarding adjusting the curves on One Tree Road, indicating that the i County was unable to acquire land from the landowner and will try to modify the j corner within the existing right of way. C-388/20 MOVED BY COUNCILLOR HUBY KALLEN that County Council accept the tenders as submitted and award the contract for tender number 27635 to the low bidder Brooks Asphalt and Aggregate Ltd. for their submitted prices. MOTION CARRIED LEFT THE MEETING G. Tiffin left the meeting at 3:10 p.m. 10.4 Tender Award -Tilley Door-to-Door Solid Waste Collection This item was removed from the agenda. 11. POST AGENDA ITEMS 11.1 Request for Letter of Support - Alberta Elks Association Provincial Conference (June 2-6, 2021) Reeve M. Douglass provided background information on this item. C-389/20 MOVED BY COUNCILLOR TRACY FYFE that the County of Newell provides a letter to the Brooks Elks Lodge #77 in support of them hosting the Alberta Elks Association Provincial Conference in Brooks, AB on June 2-6, 2021. MOTION CARRIED 11.2 Request for Letter of Support -Greengate Power Corporation (Lathom Solar Project) The Director of Corporate Services provided background information on this item, noting that the Southern Alberta Energy from Waste Alliance is submitting an application under the same funding program. It is also possible that other corporations may request letters of support for similar projects. Discussion followed. The Director of Corporate Services responded to questions from Council. Page 10 of 11 Regular Council December 10,2020 C-390/20 MOVED BY COUNCILLOR WAYNE HAMMERGREN that the County of Newell provides a letter in support of Greengate Power Corporation's application to the Emissions Reduction Alberta - Shovel Ready Fund Program for the Lathom Solar Project. MOTION CARRIED 12. INFORMATION ITEMS 12.1 Mini Bus Monthly Report(November 2020) This item was accepted as information. 12.2 Upcoming Community Events Council was provided a form to submit information for upcoming events in their community. Councillor H. Kallen reminded Council of the CP Rail "Holiday Train at Home" event online December 12, 2020 with donations going to local food banks. 13. IN CAMERA C-391/20 MOVED BY COUNCILLOR ELLEN UNRUH that we move in camera at 3:18 p.m. to discuss the following matters: � • Personnel - FOIPP Act Section 17. MOTION CARRIED C-392/20 MOVED BY COUNCILLOR LIONEL JUSS that we move out of camera at 3:36 p.m. MOTION CARRIED C-393/20 MOVED BY COUNCILLOR KELLY CHRISTMAN that in recognition of the efforts of all staff over the past calendar year and to assist in limiting any further COVID-19 exposure over the holiday season that Council APPROVES the County of Newell Building closure, with regular hours off paid, from 12:00 p.m. on December 24, 2020 (Christmas Eve) through January 1, 2021 (New Year's Day). MOTION CARRIED 14. ADJOURN Being that the agenda matters have been concluded, the meeting adjourned at 3:39 p.m. Signed this —f' 'day of �G�^'v4V�'1 , 2021 �-�c� %1 Reeve �:;. C nty Ad inistrator ' Page 11 of 11