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Home My WebLink About2015-12-10 Council (Regular) Minutes f � COUNTY OF NEWELL MINUTES OF REGULAR COUNCIL December 10, 2015 The regular Council Meeting of the County of Newell was held in the County Office on Thursday, December 10, 2015 commencing at 11:21 a.m. MEMBERS Molly Douglass, Reeve PRESENT: COUNCILLORS: 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 A. Wickert, Manager of Planning & Development D. Horvath, County Planner- ORRSC — T. Green, Director of Agricultural Services C� R. Fernell, Director of Information &Technology K. Glants, GIS Analyst M. Fenske, Manager of Finance K. Martin, Manager of Fire & Emergency Services M. Harbicht, Director of Municipal Services G. Tiffin, Manager of Engineering Services A. Nielsen, Executive Assistant OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: N. Fontaine, Eastern Irrigation District D. Declercq, Sundial Livestock Feeders Ltd. S. Turuk, Brooks Animal Protection Society T. Murray, Brooks Animal Protection Society D. Petersen, Brooks Animal Protection Society 1. CALL TO ORDER Reeve M. Douglass called the meeting to orderat 11:21 a.m. 2. EXCUSED FROM MEETING A/l members were in attendance at this meeting. U r i Regular Council � December 10,2015 3. ADOPTION OF MINUTES � 3.1 Minutes - Council (2015-11-20) The following changes were made to the November 20, 2015 Council Meeting minutes: Page 8 - Motion C-421/15 - should read "MOVED BY COUNCILLOR CLARENCE AMULUNG that..." C-422/15 MOVED BY COUNCILLOR BRIAN DE JONG that the November 20, 2015 Council Meeting minutes be adopted as amended. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS Reeve M. Douglass called for post agenda items. 5. ADOPTION OF AGENDA C-423/15 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the agenda be adopted as presented. MOTION CARRIED 12. POST AGENDA ITEMS (� 12.1 Road Closure -Approval to Proceed (E 36-23-16-W4&W 31-23-15-W4) The Manager of Planning & Development provided background information on this item and responded to questions from Council. C-424/15 MOVED BY COUNCILLOR LIONEL JUSS that we proceed with the process for closing and LEASING the road right of way between E 36-23-16-W4 and W 31-23-15-W4. MOTION CARRIED 10. ADMINISTRATIVE BUSINESS 10.7 Funding Request - Bow River Basin Council Councillor B, de Jong provided background information on this item and responded to questions from Council. C-425/15 MOVED BY COUNCILLOR BRIAN DE JONG that the County of Newell supports this request from the Bow River Basin Council and APPROVES funding in the amount of $2,000.00 for 2016. MOTION CARRIED C-426/15 MOVED BY COUNCILLOR TRACY FYFE that we move into Public Hearings at 11:30 a.m. �� MOTION CARRIED Page 2 of 13 Regular Council � . December 10,2015 � 6. PUBLIC HEARINGS ' 6.1 Bylaw 1850-15 - 15 LUA 006 (NW 32-20-17-W4 -A to SH) Reeve M. Doug/ass called the Public Hearing to order at 11:30 a.m. Reeve M. Doug/ass did not review the procedures that would be followed for the hearing as there were no new persons in attendance. The County P/anner stated that the intent of the Public Hearing is to hear representations on Bylaw 1850-15. The intent of this bylaw is to amend Land Use Bylaw 1755-12 by rezoning approximate/y 44.94 acres (18.19 hectares) in NW 32-20-17-W4 from A - Agricultural District to SH - Small Holdings District. The County Planner provided background information on this item indicating that a copy of the document had been circulated to adjacent landowners and affected agencies. No responses have been received. There were no persons in attendance speaking either in favor of or in opposition to the proposed bylaw. The applicant's representative was present to respond to questions from Council. Council was given the opportunity to ask questions. �27/15 MOVED BY COUNCILLOR TRACY FYFE that we move out of Public Hearings at v 11:36 a.m. MOTION CARRIED LEFT THE MEETING Councillor A.M. Philipsen declared a pecuniary interest and left the meeting at 11:36 a.m. 7. BYLAWS 7.1 Bylaw 1850-15 - 15 LUA 006 (NW 32-20-17-W4 -A to SH) The County Planner provided background information on this item and responded to questions from Council. C-428/15 MOVED BY COUNCILLOR CLARENCE AMULUNG that Bylaw 1850-15, being a bylaw to amend Land Use Bylaw 1755-12 by redesignating approximately 44.94 acres (18.19 hectares) in NW 32-20-17-W4 from to A - Agricultural District to SH - Small Holdings District, be given SECOND reading. MOTION CARRIED C-429/15 MOVED BY COUNCILLOR LIONEL JUSS that Bylaw 1850-15 be given THIRD and FINAL reading. MOTION CARRIED \� Page 3 of 13 � � Regular Council December 10,2015 10. ADMINISTRATIVE BUSINESS - CONTINUED � 10.1 Planning & Development Report The Manager of P/anning & Deve/opment presented an update on the recent activities of the Planning & Deve/opment Department. Council was given the opportunity to ask questions. ARRIVED AT MEETING CouncillorA.M. Philipsen returned at 11:38 a.m. C-430/15 MOVED BY COUNCILLOR WAYNE HAMMERGREN that the Planning & Development report for November 2015 be accepted as presented. MOTION CARRIED 9. AGRICULTURAL SERVICES BUSINESS 9.1 ASB Update The Director of Agricultural Services presented an update on the recent activities of the Agricultural Services Department. Council was given the opportunity to ask questions. Councillor W. Hammergren asked for an update on Bill 6. The Director of Agricultura/ Services indicated that it is the responsibility of the Agricultural Services Board to speak on behalf of the local agricultural community and to distribute information to ratepayers. Councillor K.Christman asked if any �� progress had been made with CP Rail regarding weed control. The Director of Agricultural Services indicated that the municipalities cooperate through the South Region Weed Coordinator. He noted that the weeds in question are not enforceable under the Weed Control Act, but conversations have occurred with CP Rail. 12. POST AGENDA ITEMS - CONTINUED 12.2 Bill 6 Reeve M. Doug/ass provided background information on a request received. She noted that she and the mayors of Brooks, Bassano, Duchess, and Rosemary sent a letter asking the provincial government to visit the County of Newell region to learn about rural areas. Discussions regarding the Occupational Health & Safety and Workers'Compensation Board issues have occurred during various meetings with the Minister of Agriculture. Reeve M. Douglass reported fhat the Mayors & Reeves of Southwest Alberta and Mayors & Reeves Association of Southeast Alberta have both submitted letters regarding the importance of consultation and clear timelines concerning rural matters. Councillor C. Amulung suggested getting an understanding of the facts and determining specific concerns with the legislation. Reeve M. Douglass indicated that the County's letter shou/d focus on providing assistance in developing an effective set of regu/ations. Councillor W. Hammergren expressed concerns with the consu/tation process, indicating that there is a lot of anger � among Alberta farmers. The Director of Agricultural Services indicated that Page 4 of 13 Regular Council December 10,2015 � several municipalities have submitted letters of position and that a request has been received from an individual for the County to submit their own letter of position. C-431/15 MOVED BY COUNCILLOR KELLY CHRISTMAN that a letter be sent to the provincial government on behalf of County of Newell ratepayers requesting due process for Bill 6 and increased consultation regarding rural matters going forward. MOTION CARRIED Councillor B. de Jong asked how the County can get involved in the process. The Director of Agricultura/ Services indicated that concerns regarding agricultura/matters can be forwarded to the South Region ASB representative to be discussed during the meetings between the provincia/ASB committee and the Minister of Agriculture. Councillor K. Christman suggested hosting information sessions. Councillor 8. de Jong suggested that the farming community cou/d learn together how to impact legis/ation through the consultation process. The Director of Agricultura/ Services and Reeve M. Doug/ass will draft a letter regarding the County's perspective on Bil/6. LEFT THE MEETING T. Green, H. White, and C. Christensen left the meeting at 12:05 p.m. LUNCH � Council RECESSED for lunch at 12:06 p.m. and RECONVENED at 1:00 p.m. 10. ADMINISTRATIVE BUSINESS -CONTINUED 10.5 Policy Review- 2015-PAD-069 Mobile Device Management The Director of Information & Techno/ogy introduced K. Glants, GIS Analyst, to Council. K. G/ants responded to questions from Council. The Director of Information & Techno/ogy provided background information on Policy 2015-PAD-069, indicating that it is an updated version of the County- Issued Cell Phones policy. She outlined the amendments made. Council was given the opportunity to ask questions. C-432/15 MOVED BY COUNCILLOR ELLEN UNRUH that Policy 2015-PAD-069 (Mobile Device Management) be adopted as presented. MOTION CARRIED LEFT THE MEETING R. Fernell and K. Glants left the meeting at 1:09 p.m. 10.4 Approval of 2016 Interim Budget U The Manager of Finance provided background information on this item, including an overview of changes made. He indicated that the final budget wou/d be Page 5 of 13 E Regular Council ,�ecember 10,2015 presented in 2016 after the assessment figures have been finalized. Funding for � projects not completed in 2015 will be carried forward. The Manager of Finance responded to questions from Council. C-433/15 MOVED BY COUNCILLOR CLARENCE AMULUNG that the 2016 Interim Budget be APPROVED as presented. MOTION CARRIED 7. BYLAWS -CONTINUED 7.2 Bylaw 1851-15 -Schedule of Fees The Manager of Finance provided background information on this item and responded to questions from Council. Councillor A.M. Philipsen suggested that Subdivision or Development Appeal fees not be refundab/e. The County Planner indicated that she reviewed the fees of seven other rural municipalities and found that only two have either pa►tial or full refunds to appeal fees. The fees themselves range between $100 and$600. She indicated that there is a process involved with a subdivision or deve/opment appeal. Discussion followed regarding whether the application fee should be refunded in the event of a successful appeal. Councillor A.M. Philipsen indicated that the applicant can also request a refund from Council. The County P/anner indicated that an appeal hearing is considered a brand new application and information may be provided that was not available at the time of the initia/application. C-434/15 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that Bylaw 1851-15 (Schedule of � Fees) be amended by removing the text that states "If appellant is successful, the appeal fees will be refunded."from item A.(6) Subdivision or Development Appeals. MOTION CARRIED C-435/15 MOVED BY COUNCILLOR KELLY CHRISTMAN that Bylaw1851-15, being a bylaw for the purpose of establishing a schedule of fees, be given FIRST reading as amended: MOTION CARRIED 10. ADMINISTRATIVE BUSINESS - CONTINUED 10.6 Update - Fire Agreement(Division 8) The Manager of Fire & Emergency Services provided background information on this item, inc/uding revenues generated for 2015. He indicated that the proposed budget had been incorporated into the County's 2016 budget. The Manager of Fire & Emergency Services and Director of Corporate Services met with the Chief Administrative Officer of Duchess to revise the draft agreement. Council requested additional information regarding revenue from service ca/ls for all the fire departments. Councillor 8. de Jong asked how Patricia would be affected by this agreement. The Manager of Fire & Emergency Services replied that the budget provided includes both Patricia and Duchess. He suggested that, if the agreement is to consider Duchess and Patricia one fire department, it would be prudent to ask for a breakdown of how much is being spent in each of the two divisions. The Chief Administrative Officer indicated that the new agreement ( 1 must be ratified by the end of 2015 to be valid for 2016. If this does nof happen, �� Page 6 of 13 Regular Council December 10,2015 . � notice could be sent to the Village of Duchess by June 1, 2016 and the � agreement wou/d have to be ratified by the end of 2016. Discussion followed " and Council requested financial information comparing the fire services in all divisions. Further discussion on this item was postponed until later during this meeting. 10.2 Change Municipal Reserve to Public Utility Lot (Rolling Hills Lot 16MR, lock 1, Plan 8210258) The Manager of Planning & Development provided background information on this item, indicating that the Municipal Reserve designation has been removed but a bylaw is required to add Public Utility Lot designation to the lot. As the PUL designation restricts use, she suggested/eaving it as a municipally owned parcel would facilitate any future subdivision for sa/e that the County may want to pursue. The Chief Administrative Officer noted that use and setbacks are identified through zoning. C-436/15 MOVED BY COUNCILLOR KELLY CHRISTMAN that Council accepts the recommendation from the Manager of Planning & Development to leave the parcel described as Lot 16, Block 1, Plan 8210258 with the Municipal Reserve designation removed. MOTION CARRIED 10.3 Update - North Headgates Area Redevelopment Plan (SW 5-18-14-W4) � 10.3.1 Life Safety Issues The Manager of Planning & Development provided background information on the life safety issues identified. Letters have been sent to the /andowners and residents indicating the issues that need to be addressed and that the Development Clerk would be working on any permits required. She noted that the deadlines provided will have passed between now and the January 7, 2016 Council Meeting and requested direction from Council whether to proceed with hiring a contractor to correct any outstanding issues at a cost to the /andowner. She indicated that the first deadline is December 14, 2015. Reeve M. Douglass asked if the /andowner had the option of requesting an extension to the deadline. The Manager of Planning & Development indicated that she had met with the landowner on Tuesday and he accepted the time frame provided. The Manager of Planning & Development responded to questions from Council and requested suggestions for who to use as a contractor, in the event that one is required. C-437/15 MOVED BY COUNCILLOR KELLY CHRISTMAN that the County of Newell hire a contractor to correct any deficiencies that have not been addressed after the deadlines on the spreadsheet of Life Safety Deficiencies identified by AMEC have passed. The Manager of Planning & Development responded to questions regarding the deficiencies to be corrected by December 14, 2015. Fortis 1 has been contacted regarding the branches near e/ectrical power �J Page 7 of 13 Regular Council December 10,2015 lines. The landowner will accompany an inspector to examine the � propane tanks and has indicated that he will address those issues. ARRIVED AT MEETING S. Turuk, T. Murray, and D. Petersen arrived at 2:00 p.m. The Manager of Planning & Development responded to questions regarding issues with the septic tanks, indicating that the Development Officer had contacted Alberta Safety Codes regarding requirements for septic tanks. Further discussion followed regarding the deadlines. VOTE ON MOTION C-437/15 - MOTION CARRIED. 10.3.2 Stop Order The Manager of P/anning & Development provided background information on the stop order issued regarding unauthorized development. The background studies requested are complete and Sheffer Andrew Ltd. will meet with the landowner to review options and determine how to proceed. The Manager of P/anning & Development indicated that she would arrange a meeting in early January with A/berta Safety Codes, Alberta Public Health, the County Planner, the Director of Municipal Services, and Alberta Municipal Affairs to discuss the septic issues. �� LEFT THE MEETING A. Wickert and D. Horvath left the meeting at 2:07 p.m. 8. DELEGATIONS 8.1 Brooks Animal Protection Society (S. Turuk, Chairperson) S. Turuk provided background information on the Brooks Animal Protection Society and their request for increased funding. T. Murray indicated that the number of animals coming in has increased due to the current economic condition and the cost of food has increased significantly. They are currently working with /ocal pet stores to obtain food at cost and to feature pets that are available for adoption. Council was given the opportunity to ask questions. D. Peterson responded to questions regarding the budget, indicating that about half of their annual budget goes towards wages and that is expected to increase significantly with the increase in minimum wage. T. Murray explained the billing process, indicating that the County is bil/ed only for animals authorized by the County's Municipal Enforcement staff. Animals are examined by a veterinarian. Animals that are not claimed are spayed or neutered, given any required medical attention, and put up for adoption. The animals stay until they are adopted or transferred to a different rescue group. D. Petersen responded to questions regarding fundraising, �� indicating that about 21% of revenue is generated through fundraising Page 8 of 13 4 � I Regular Council t December 10,2015 � efforts. The Director of Municipa/ Services provided background information regarding the agreement, which has been in p/ace since 2012 with no funding increases. S. Turuk responded to further questions from Council. LEFT THE MEETING S. Turuk, T. Murray, and D. Petersen left the meeting at 2:36 p.m. C-438/15 MOVED BY COUNCILLOR LIONEL JUSS that Council accepts the request from the Brooks Animal Protection Society and amends the agreement to reflect the increased fees as requested. MOTION CARRIED 10. ADMINISTRATIVE BUSIN�SS—COfVTIIVU�9 10.8 Request for Funding Donation for Bike Helmets Council was provided with background information on this item. Discussion followed and Council provided direction for the Director of Corporate Services to prepare a response to the requestor that outlines the process for submitting funding requests to the Divisional Recreation Boards. 10.9 Appointment of Member-at-Large (Palliser Economic Partnership and City of Brooks Recreation, Parks, &Culture Committee) � Council was provided background information on this item. Councillor 8. de Jong suggested that the Business Representative position be left open until a candidate is found. C-439/15 MOVED BY COUNCILLOR LIONEL JUSS that Laura Lukye be appointed as the Division 5 & 10 Member-at-Large representing the County of Newell to the City of Brooks Recreation, Parks & Culture Committee. MOTION CARRIED 10.10 Appointment of Council Representative (Brooks & District Chamber of Commerce) Discussion followed regarding the County of Newell's representation on the Brooks & District Chamber of Commerce. Council directed staff to notify the Brooks & District Chamber of Commerce of their decision to work through the City of Brooks representative via the Joint Services Committee. 10.11 Request for Support- Badlands Scenic Touring Route Councillor E. Unruh provided background information on this item and responded to questions from Council. Councillor 8. de Jong suggested that signage along the route be included as part of the initiative. C-440/15 MOVED BY COUNCILLOR KELLY CHRISTMAN that the County of Newell agrees to �� support the Badlands Scenic Touring Route. MOTION CARRIED Page 9 of 13 i Regular Council December 10,2015 10.12 Letter of Support-Canada 150 Fund � � (Brooks Public Library Commemorative Railing) Reeve M. Douglass provided background information on this item and responded to questions from Council. C-441/15 MOVED BY COUNCILLOR CLARENCE AMULUNG that a letter be written in support of the application by the City of Brooks and the Brooks Public Library for funding under the Canada 150 Fund for the Brooks Public Library Commemorative Railing Project. MOTION CARRIED 10.13 Joint Municipal Meeting (December 15, 2015) -Agenda Items Council suggested the following agenda items for discussion at the Joint Municipal Meeting scheduled for December 15, 2015: • broadband information • regional government. 10.14 Second Council Meeting in December The Executive Assistant provided background information on this item. Council indicated that a second meeting in December is not required. 10.15 Cancel or Reschedule Meetings (January 21, 2016) �� The Executive Assistant provided background information on this item and responded to questions from Council. C-442/15 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the January 21, 2016 Municipal Planning Commission and Council Meetings be CANCELLED and rescheduled for January 28, 2016, if required. MOTION CARRIED 10.16 Councillor Payment Sheets (October 2015) C-443/15 MOVED BY COUNCILLOR TRACY FYFE that the October 2015 Councillor Payment Sheets be accepted with the amendments recommended by the Councillor Compensation Review Committee. MOTION CARRIED 10.17 Cheques for Payment C-444/15 MOVED BY COUNCILLOR ELLEN UNRUH that cheque 182806 in the amount of $384,538.60 be APPROVED. MOTION CARRIED 10.18 Payment Register C-445/15 MOVED BY COUNCILLOR BRIAN DE JONG that the Payment Register be accepted. � MOTION CARRIED Page 10 of 13 f Regular Council December10,2015 � 10.19 Requests for Functions of Council Councillor E. Unruh provided details regarding the Growing Rural Tourism Conference. Discussion followed and it was determined that this was part of her duties as Tourism Representative. 11. MUNICIPAL SERVICES BUSINESS 11.1 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. The Director of Municipal Services responded to questions regarding the cost of providing an idle service with the County of Newell Water Project, environmental impact of calcium chloride versus road salt, and an update on the investigation into unaccounted for water usage. 11.2 Utilities - NRSC Report The Utilities-NRSC report was presented to Council. C446/15 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the Director of Municipal J Services Report and the Utilities - NRSC Report for November 2015 be APPROVED as presented. MOTION CARRIED 13. INFORMATION ITEMS 13.1 Funding Request-Gem Library Board This item was accepted as information. 13.2 Financial Information for the Period Ending September 30, 2015 This item was accepted as information. 13.3 Mini Bus Monthly Reports (November 2015) This item was accepted as information. 14. QUESTION PERIOD/NOTICE OF MOTION A question period and notice of motion was he/d. r � � Page 11 of 13 I Regular Council i December 10,2015 10. ADMINISTRATIVE BUSINESS - CONTINUED � 10.6 Update - Fire Agreement(Division 8) -continued " Discussion continued. Councillor A.M. Philipsen suggested that any revenue generated from responding to fire calls return to the County because the County will be responsible for 100% of capita/costs. The Manager of Fire & Emergency services indicated that this is the practice for the fire departments that are currently under the County's control. He responded to questions regarding the cost of responding to a fire and suggested that revenue generated from a capital asset of the County cou/d return to the County. He explained the billing process and provided some history on fire department revenue. The Manager of Finance suggested that the municipality could bil/ and collect revenue for responding to fire calls provided that the 90% of the operating budget that the County is funding is reduced accordingly. Councillor K. Christman stressed the importance of having aligned agreements with Duchess, Rosemary, and Bassano. Discussion followed regarding ownership of capital equipment. Councillor 8. de Jong indicated that the Village of Duchess is proposing that existing capital equipment remain in their name until the equipment is rep/aced. New equipment wou/d be registered to the County. Councillor A.M. Philipsen suggested clarification is required for article 19 of the agreement, indicating that it needs to outline where the revenue from the sale of capital equipment goes. The Manager of Fire & Emergency Services indicated that the County would receive the revenue when a unit is sold. � The Manager of F►re & Emergency Serv�ces responded to questions regarding �' invoicing. Revenue from invoices wou/d go into the department's operating budget. The fo/lowing year's operating budget would be reduced by any surplus held by the department. The Manager of Fire & Emergency Services responded to questions regarding fire hall infrastructure. The cost of the actual fire hall and renovations are shared 50/50 and operating costs of the fire hall, such as utilities, would be included in the operating budget. He noted that the County will be responsible for 100% of capital costs incurred for upgrading or expanding the Patricia Fire Hall as the building also houses the water treatment plant. Councillor 8. de Jong suggested that 100% of revenue from fire calls be put back into the County's capital budget. The Manager of Fire & Emergency Services indicated that the agreement was written excluding the Patricia Fire Department; however, the Village of Duchess has expressed interest with the continued joint operation of the Duchess and Patricia Fire Departments under the same agreement. Councillor A.M. Philipsen suggested that the Patricia Fire Department should be included as one of the County's fire departments. The Manager of Fire & Emergency Services noted that fire departments are encouraged to work together as well as maintain their autonomy. The Manager of Fire & Emergency Services confirmed the requested amendments to the agreement, which include 100% of revenue from fire cal/s will ; � be collected by the municipality and sent to the County to be applied to the � � Page 12 of 13 f Regular Council �, December 10,2015 � capital budget, clarification of who is to receive the revenue from eguipment sales, and looking at the County being responsib/e for the daily operational control of the Patricia Fire Department. Reeve M. Doug/ass requested that the Village of Duchess be contacted as soon as possib/e regarding these changes. The Manager of Fire & Emergency Services responded to further questions from Council regarding budget surpluses he/d by fire departments. The Manager of Finance indicated that it is reasonab/e to hold funds amounting to 10-20% of the total budget as a surp/us. Discussion followed and Council suggested that the operating reserve be no more than 15% of the average annual operating budget for the fire department. LEFT THE MEETING K. Martin and M. Fenske left the meeting at 4:08 p.m. 15. IN CAMERA C-447/15 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that we move in camera at 4:17 p.m. to discuss land and legal issues. MOTION CARRIED C-448/15 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that we move out of camera at O 5:18 p.m. MOTION CARRIED 16. ADJOURN Being that the agenda matters have been concluded, the meeting adjourned at 5:18 p.m. Signed this TI(�day of ��Q`�'\ , 201�(0 Re ve Co dmi istrator � Page 13 of 13