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HomeMy WebLinkAbout2015-07-23 Council (Regular) MinutesCOUNTY OF NEWELL MINUTES OF REGULAR COUNCIL July 23, 2015 The regular Council Meeting of the County of Newell was held in the County Office on Thursday, July 23, 2015 commencing at 10:05 a.m. MEMBERS Molly Douglass, Reeve PRESENT: COUNCILLORS: C. Amulung G. Simpson A.M. Philipsen W. Hammergren T. Fyfe E. Unruh B. de Jong L. Juss ABSENT: K. Christman STAFF: K. Stephenson, Chief Administrative Officer L. Johnson, Director of Corporate Services A. Wickert, Manager of Planning & Development D. Horvath - County Planner - ORRSC S. Simpson, Development Clerk H. White, Manager of Agricultural Services M. Harbicht, Director of Municipal Services J. Nesbitt, Municipal Enforcement Supervisor K. Martin, Manager of Fire & Emergency Services S. Christensen, Manager of Corporate Safety Services A. Ferguson, Administrative Assistant — Fire & Safety M. Gietz, Manager of Economic Development W. Slenders, Market Researcher A. Nielsen, Executive Assistant OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: J. Bosman, Ratepayer J. Smyth, Ratepayer Sgt. R. Loo, RCMP - Brooks Cpl. B. McDonald, RCMP - Bassano C. Oliver, Safe Communities Committee 1. CALL TO ORDER Reeve M. Douglass called the meeting to order at 10:05 a.m. Regular Council July 23, 2015 2. EXCUSED FROM MEETING C-277/15 MOVED BY COUNCILLOR BRIAN DE JONG that Councillor K. Christman be excused from the meeting. MOTION CARRIED 3. ADOPTION OF MINUTES 3.1 Minutes - Council (July 9, 2015) C-278/15 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the July 9, 2015 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-279/15 MOVED BY COUNCILLOR GORDON SIMPSON that the agenda be adopted as amended. MOTION CARRIED 6. BYLAWS 6.1 Bylaw 1841-15 Records Retention & Disposition The Executive Assistant provided background information on this item and responded to questions from Council. C-280/15 MOVED BY COUNCILLOR CLARENCE AMULUNG that Bylaw 1841-15, being a bylaw to provide regulations and procedures for the retention and disposal of Municipal records, be given FIRST reading. MOTION CARRIED C-281/15 MOVED BY COUNCILLOR LIONEL JUSS that Bylaw 1.841-15 be given SECOND reading. MOTION CARRIED C-282/15 MOVED BY COUNCILLOR TRACY FYFE that consent be given for Bylaw 1841-15 to receive third reading this 23rd day of July, 2015. MOTION CARRIED UNANIMOUSLY C-283/15 MOVED BY COUNCILLOR GORDON SIMPSON that Bylaw 1841-15 be given THIRD and FINAL reading. MOTION CARRIED Page 2 of 11 0 Regular Council July 23, 2015 9. ADMINISTRATIVE BUSINESS \ 9.1 Update - Springview Colony Road Closure & Lease Application The Manager of Planning & Development provided background information on this item, indicating that Alberta Transportation had been contacted and indicated that the letter from the adjacent landowner would not have resulted in refusal of the road closure. Alberta Transportation suggested that arrangements for the adjacent landowner to continue to use the road allowance could be written into the lease. The Manager of Planning & Development indicated that a new bylaw would have to be advertised and another public hearing held on August 6, 2015. Council was given the opportunity to ask questions. Councillor L. Juss asked if the adjacent landowner would be mentioned specifically in the lease. The Manager of Planning & Development replied that the lease could be prepared either mentioning a specific landowner or more generic. She indicated that, when dealing with utility companies that want to continue using a road allowance leased to a landowner, that specific utility company is mentioned. ARRIVED AT MEETING J. Bosman and J. Smyth arrived at 10:12 a.m. The Manager of Planning & Development responded to questions regarding the application fees, indicating that another application fee would not be requested. Councillor A.M. Philipsen expressed concerns with closing and leasing a road CJ allowance that affects two different landowners. Discussion followed regarding whether to write conditions into the lease to allow the adjacent landowner to continue using the road allowance or excluding the portion used by the adjacent landowner from the road closure. The Manager of Planning & Development responded to further questions from Council. Councillor B. de Jong indicated that anyone is able to use the road allowance unless it is closed, not just adjacent landowners. He noted that both landowners are prepared to cooperate with each other and the road can be reopened if there are issues in the future. The County Planner suggested that all road lease agreements could include a clause allowing public access to the road outside of the cultivation season and that equipment is to be removed during this time. The County Planner responded to further questions regarding lease agreements and indicated that Council can decide whether to close both portions of the road at the public hearing stage. The Director of Corporate Services indicated that staff have been asked to work with a number of property owners to legitimize the use that is being made of road allowances. C-284/15 MOVED BY COUNCILLOR WAYNE HAMMERGREN that we proceed with the process for closing and LEASING the road right of way between the west half of 1-24-16-W4 and the east half of 2-24-16-W4, between the west half of 12-24-16-W4 and the east half of 11-24-16-W4, and between the west half of 27-23-16-W4 and the east half of 28-23-16-W4. MOTION CARRIED Page 3 of 11 Regular Council July 23, 2015 7. DELEGATIONS 0 7.1 Unauthorized Development - Lot 1, Block 1, Plan 0510040 Cassils (J. Bosman) The Development Clerk provided background information on this item and responded to questions regarding the complaints process. Individuals are encouraged to submit their complaints in writing but phone calls are also accepted. County employees working in the field can also report areas of concern that will be followed up on. The Manager of Planning & Development indicated that enforcement issues are dealt with on a case by case basis. Councillor G. Simpson asked about the zoning of the property. The County Planner replied that the name of the zoning changed from Country Residential to Acreage Residential, but the requirements and use under the land use bylaw did not change. The Development Clerk responded to questions, indicating that approximately twelve similar situations exist that are being addressed. The Manager of Planning & Development responded to questions regarding previous permits, indicating that there had been a Home Occupation permit with the previous owner that has expired. J. Smyth spoke on behalf of J. Bosman, the landowner. She indicated that J. Bosman does not run his business out of his home, only personal vehicle restoration work. She requested the definition of "unauthorized development" and asked what on the property was unauthorized, as permits have been obtained for any structures built on the lot. She responded to the statement in the letter that there were three recreational vehicles stored on the lot, indicating the photograph shows recreational vehicles stored on the neighbour's property. J. Bosman has two recreational vehicles stored on the lot and the third is attached to a truck. J. Smyth thanked the Development Clerk for her assistance in obtaining the required permits for various developments on the . parcel but indicated that they were unaware that dismantled or wrecked vehicles were not permitted. She explained that the dismantled or wrecked vehicles were being used for parts for a personal vehicle restoration project and would be moved from the lot when the project is complete. J. Smyth expressed concerns that the landowner was not given the opportunity to explain prior to receiving a warning letter. She also expressed frustration that a section of the land use bylaw regarding the option to cover the vehicles was omitted from the warning letter. ARRIVED AT MEETING H. White arrived at 10:54 a.m. J. Smyth suggested that procedures for investigation of complaints be included in the land use bylaw review. In particular, she suggested inviting communication with the landowner prior to issuing a warning letter. She indicated that the yard has been cleaned up and the landowner plans to erect a 10' fence from the lot line to the shop. Council was given the opportunity to ask questions. J. Smyth responded to questions from Council regarding the cleanup of the yard. The Manager of Page 4 of 11 Regular Council July 23, 2015 Planning & Development responded to questions from Council regarding the complaints process, indicating that the Bylaw Officer is not normally sent to investigate. Discussion followed regarding how to proceed and whether County staff re-evaluate the property to determine whether compliance has been met. The Chief Administrative Officer acknowledged that the approach certainly could have been more personable. He noted that the landowner has stated that he will continue to restore vehicles on the parcel regardless of what the land use bylaw sets out. He suggested that if Council wants to allow this activity to happen then amendments should be made to the land use bylaw to allow such use to happen. Discussion followed regarding changing the process to be more engaging while simultaneously respecting the landowners and protecting County staff. The County Planner suggested that the Development Clerk meet with the landowner to follow up on changes made to the property and help them obtain any permits that may be required. J. Smyth requested to be notified when changes have been made to the complaints procedure. LEFT THE MEETING J. Bosman and J. Smyth left the meeting at 11:22 a.m. 8. AGRICULTURAL SERVICES BUSINESS 8.1 Agricultural Fieldman's Report (July 2015) (� The Manager of Agricultural Services presented the Agricultural Fieldman's Report for July 2015. ARRIVED AT MEETING Cpl. B. McDonald arrived at 11:24 a.m. Council was given the opportunity to ask questions. The Manager of Agricultural Services responded to questions regarding the cleanup of a property in Tilley. ARRIVED AT MEETING J. Nesbitt arrived at 11:27 a.m. Councillor E. Unruh asked whether milkweed was a noxious weed. The Manager of Agricultural services replied that it is on the noxious weed list and must be controlled but it is also a native plant and the only food source for monarch butterflies. ARRIVED AT MEETING Sgt. R. Loo and C. Oliver arrived at 11:29 a.m. The Manager of Agricultural Services responded to questions about weed in the hamlets and villages. Page 5 of 11 Regular Council July 23, 2015 LEFT THE MEETING n Councillor L. Juss left the meeting at 11:32 a.m. The Manager of Agricultural Services responded to questions regarding how staff are protected when delivering weed notices. She indicated that the focus has shifted to industrial areas but for residential lots staff do not deliver notices alone and, in some cases, they request the assistance of City of Brooks Bylaw Officers. The Manager of Agricultural Services explained that they try to educate landowners about weed control. C-285/15 MOVED BY COUNCILLOR BRIAN DE JONG that the Agricultural Fieldman's Report for July 2015 be accepted as presented. MOTION CARRIED LEFT THE MEETING H. White left the meeting at 11:37 a.m. ARRIVED AT MEETING Councillor L. Juss returned at 11:38 a.m. 7. DELEGATIONS - CONTINUED 7.2 RCMP Quarterly Reports -� 7.2.1 Municipal Enforcement The Municipal Enforcement Supervisor presented the County of Newell Municipal Enforcement Report to Council, providing an overview of the statistics and significant incidents. Council was given the opportunity to ask questions. The Municipal Enforcement Supervisor responded to questions regarding the watering of road allowances, indicating that the public education process is ongoing. LEFT THE MEETING J. Nesbitt left the meeting at 11:45 a.m. 7.2.2 Brooks RCMP Sgt. R. Loo presented the Brooks RCMP Quarterly Report to Council, providing an overview of the statistics and significant incidents. He indicated that crime rates have dropped steadily over the past four years. Council was given the opportunity to ask questions. Sgt. R. Loo responded to questions regarding the connection between increased crime and the unemployment rate and the increased visibility of RCMP officers. 1 Page 6 of 11 Regular Council July 23, 2015 7.2.3 Bassano RCMP Cpl. B. McDonald presented the Bassano RCMP Quarterly Report to Council, providing an overview of the statistics and significant incidents. Council was given the opportunity to ask questions. Cpl. B. McDonald responded to questions regarding vandalism to signs in the Bassano area, indicating that patrols are being conducted in the rural areas at night. 7.2.4 Safe Communities Committee C. Oliver provided an update on the Safe Communities Committee. The committee continues to work on improving the relationship between the RCMP and the Rural Crime Watch. C. Oliver gave an overview of presentations to youth regarding internet and cell phone safety, indicating that they are also working on similar presentations for parents. She provided an overview of the youth intervention program and the habitual offender program. A high risk case management system for domestic violence is in development. C. Oliver reported that what started as an education program regarding sexting and consent in the Brooks Junior High grew into a youth health and wellness fair that was very successful and could become an annual event. Council was given the opportunity to ask questions. LEFT THE MEETING \\ Sgt. R. Loo, Cpl. B. McDonald, and C. Oliver left the meeting at 12:06 p.m. 11. POST AGENDA ITEMS 11.2 Introduction - Ashley Ferguson, Administrative Assistant - Fire & Safety The Manager of Fire & Emergency Services introduced A. Ferguson, Administrative Assistant - Fire & Safety to Council. A. Ferguson responded to questions from Council. LEFT THE MEETING K. Martin, S. Christensen, and A. Ferguson left the meeting at 12:14 p.m. LUNCH Council RECESSED for lunch at 12:14 and RECONVENED at 1:02 p.m. 9. ADMINISTRATIVE BUSINESS - CONTINUED 9.2 Update - North Headgates Area Redevelopment Plan (SW 5-18-14-W4) The Manager of Planning & Development provided background information o this item. A meeting was held on July 14, 2015 where the County requeste Page 7 of 11 Regular Council July 23, 2015 confirmation of various items related to the Area Redevelopment Plan, septic system, engineering, surveying, and the Eastern Irrigation District requirements. The deadline for these confirmations is July 30, 2015. The landowner has provided a report with updates on each item. The Manager of Planning & Development indicated that she has invited the landowner to the August 6, 2015 Council Meeting to provide an update. The Manager of Planning & Development responded to questions from Council. 9.3 Inventory of Signs Along Highway 1 - Enforcement Discussion The Manager of Planning & Development provided background information on this item, indicating that 72 signs had been documented along Highway 1, the majority of which do not have permits. She outlined cases where more than one sign is present on a parcel of land, instances of signs located within the road allowance, and vehicle signs which are prohibited. The Manager of Planning & Development requested direction from Council regarding how to proceed. She noted that, if permits are required for all signs, the fee for these should be more than $50.00 to reflect the amount of staff time required. The Manager of Economic Development provided information regarding the importance of highway signs as advertising for local businesses. She agreed that there should be some sort of permitting process, but noted that businesses need to be able to advertise outside of their own property. She suggested that more awareness of the requirement for permits is needed and asked whether the landowner or the person installing the sign is responsible for obtaining the permit. The Market Researcher indicated that billboard media is one of the best ways to attract attention to your business. Council was given the opportunity to ask questions. Councillor C. Amulung asked if a complaint had been received about these signs. The Manager of Planning & Development indicated that a complaint had been received regarding multiple signs on a parcel of land just outside of Brooks. Attempts have been made to contact both the landowner and the sign company. Councillor C. Amulung suggested reviewing existing sign bylaws as signs are required to drive business and should only be legislated for traffic safety. The County Planner replied that the majority of these signs could be allowed if they went through the permitting process. A sign is considered a development. She agreed that educating the public about the requirement for signs to have permits and suggested that Economic Development staff outline the requirements when they speak with business owners. She also indicated that development along the highway may require a roadside development agreement. The County Planner suggested that Council should make a decision as to the level of control they want to have over signs. The County Planner responded to questions from Council regarding the permitting process for signs in other municipalities. Discussion followed and it was determined that the permitting requirements for signs will be discussed further as part of the land use bylaw review in September. LEFT THE MEETING A. Wickert, D. Horvath, S. Simpson, M. Gietz, and W. Blenders left the meeting at 1:40 p.m. Page 8 of 11 Regular Council July 23, 2015 9.4 Foothills Little Bow Municipal Association Fall 2015 Meeting (2015-09-18) The deadline for submitting resolutions to the Foothills Little Bow Municipal Association meeting is Tuesday, September 1, 2015. This item was accepted as information. 9.5 2015 Tax Sale by Public Auction Council was presented with background information on this item. The Director of Corporate Services responded to question from Council. C-286/15 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the 2015 Tax Sale by Public Auction be held on Wednesday, November 4, 2015 at 10:00 a.m. in the County of Newell Building with cash or certified cheque only terms, and that the reserve bids for the 2015 Tax Sale properties be set as recommended by Administration. MOTION CARRIED 9.6 Cheques for Payment C-287/15 MOVED BY COUNCILLOR GORDON SIMPSON that cheque 181583 in the amount of $1,475,240.00, cheque 181584 in the amount of $893,217.12, cheque 181670 in the amount of $364,580.41, and cheque 181671 in the amount of $1,127,701.59 be APPROVED. MOTION CARRIED J 9.7 Payment Register C-288/15 MOVED BY COUNCILLOR CLARENCE AMULUNG that the Payment Register be accepted. MOTION CARRIED 9.8 Requests for Functions of Council There were no requests for functions of Council to discuss at this meeting. 10. COMMITTEE REPORTS 10.1 Oldman River Regional Services Commission Councillor G. Simpson indicated that he attended a meeting on June 4, 2015. Councillor A.M. Philipsen provided background on the assistance provided by the County of Newell to ORRSC when determining their membership levels. 10.2 Newell 9-1-1 Committee Councillor B. de Jong provided details regarding the tour of the 9-1-1 dispatch facility in Calgary on June 25, 2015. Page 9 of 11 Regular Council July 23, 2015 10.3 10.4 10.5 2015 Agricultural Services Board Summer Tour 0 Reeve M. Douglass and Councillor L. Juss provided an overview of the 2015 Agricultural Services Board Summer Tour they attended in Grand Prairie. County of Newell Water Project Steering Committee Reeve M. Douglass reported that she attended a meeting yesterday. The County of Newell Water Project continues to move forward. Federation of Canadian Municipalities Conference Reeve M. Douglass and Councillor G. Simpson submitted written reports. 11. POST AGENDA ITEMS — continued 11.1 2015 Funding Contribution for STARS The Director of Corporate Services provided background information on this item and responded to questions from Council. C-289/15 MOVED BY COUNCILLOR WAYNE HAMMERGREN that Council APPROVES funding in the amount of $1.50 per capita for STARS and $0.75 per capita for HALO for 2015 with funding from the County's Stabilization Fund (GL 6-97-6702-123-000). MOTION CARRIED 12. INFORMATION ITEMS 12.1 Mini Bus Monthly Report (June 2015) This item was accepted as information. 12.2 2015 Alberta Urban Municipalities Association -Meetings with Ministers Discussion followed regarding the attendance of County Councillors at the 2015 AUMA Convention to meet with Ministers with the City of Brooks. This item will be brought back to the August 6, 2015 Council Meeting. 12.3 Strategic Priorities Chart This item was accepted as information. 0 Page 10 of 11 Regular Council July 23, 2015 13. QUESTION PERIOD/NOTICE OF MOTION A question period and notice of motion was held. 14. IN CAMERA C-290/15 MOVED BY COUNCILLOR ELLEN UNRUH that we move in camera at 2:08 p.m. to discuss a land issue. MOTION CARRIED C-291/15 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that we move out of camera at 2:27 p.m. MOTION CARRIED C-292/15 MOVED BY COUNCILLOR CLARENCE AMULUNG that Council ACCEPT the offer submitted by Smith Group Holdings Ltd. to purchase Block A, Plan 7012JK, Block W, Plan 71 JK, and Block G, Plan Brooks 4697HX in the amount of $1,130,000.00. MOTION CARRIED 15. ADJOURN Being that the agenda matters have been concluded, the meeting adjourned at 2:30 p.m. C� Signed this g day of 12015 C775 (- -4'. '�" - eeve C A ministrator Page 11 of 11