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HomeMy WebLinkAbout2016-04-07 Council (Regular) MinutesCOUNTY OF NEWELL. MINUTES OF REGULAR COUNCIL April 7, 2016 The regular Council Meeting of the County of Newell was held in the County Office on Thursday, April 7, 2016 commencing at 10:11 a.m. MEMBERS PRESENT: COUNCILLORS: M. Douglass, Reeve C. Amulung G. Simpson A.M. Philipsen W. Hammergren T. Fyfe K. Christman E. Unruh B. de Jong L. Juss STAFF: K. Stephenson, Chief Administrative Officer L. Johnson, Director of Corporate Services A. Wickert, Manager of Planning & Development D. Horvath, County Planner M. Harbicht, Director of Municipal Services T. Green, Director of Agricultural Services M. Fenske, Manager of Finance S. Hanson, Assistant Manager of Finance A. Nielsen, Executive Assistant OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: S. Zacharias, Village of Duchess G. Graham, Landowner J. Neely, Landowner S. Schock, Landowner T. Schock, Landowner N. Fontaine, Eastern Irrigation District Kevin Bridges, Eastern Irrigation District T. Anderson, Landowner M. Anderson, Landowner M. Shields, MP - Bow River M. DeBlois, KPMG LLP 1. CALL TO ORDER Reeve M. Douglass called the meeting to order at 10:11 a.m. 2. EXCUSED FROM MEETING All members were in attendance at this meeting. Regular Council April 7, 2016 3. ADOPTION OF MINUTES 3.1 Minutes - Council (March 24, 2016) The following changes were made to the March 24, 2016 Council Meeting minutes: Page 11- Item 11.6 - should read "..will be returned to the Town of Bassano. " Page 13 - Item 12.1 - should read "..and provide information to the new Councillors. " C-102/16 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the March 24, 2016 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-103/16 MOVED BY COUNCILLOR TRACY FYFE that the agenda be adopted as presented. MOTION CARRIED 10. ADMINISTRATIVE BUSINESS 0 10.5 Proposed Increase in Funding for Duchess/Division 8 Recreation Board The Director of Corporate Services provided background information on this item, indicating that responses have been received from property owners opposed to the proposed increase. S. Zacharias spoke on behalf of the Village of Duchess and outlined what the Regional Enhancement Reserve Funding allocations had been used for in Duchess. She also provided an update on the recreation facilities in Duchess and the challenges faced by the Duchess Agricultural Society due to aging facilities and the current economy. Capital grants are available to Agricultural Societies, but they are matching grants. S. Zacharias indicated that, while there was an increase recently, the recreation mill rate for Duchess and Division 8 remains one of the lowest in the County. She provided details regarding funding received over the past years and what the funding would be used for, if the increase was approved. Council was given the opportunity to ask questions. S. Zacharias acknowledged that the proposed increase was large and suggested that it could be implemented in phases. The ultimate goal is predictable funding levels for the Duchess Agricultural Society. Councillor B. de Jong indicated that the increase would have a significant impact on the non-residential and linear ratepayers who would not see the benefits. He outlined an option presented during the last q0 Division 8 Recreation Board meeting which divided the total value of the ( 1 requisition between the residents of Duchess and Division 8. The remainder of \ J Page 2 of 13 Regular Council April 7, 2016 the funds required would be provided by the Village of Duchess through an increase to the recreation mill rate or other sources. Discussion followed. Councillor W. Hammergren indicated that the sustainability of all recreation facilities needs to be investigated. The Director of Corporate Services indicated that a decision on this item can be postponed until the April 21, 2016 Council meeting. He also suggested further discussion during the Council Workshop session scheduled for April 18, 2016. The Chief Administrative Officer reported that the Finance Intern will be analyzing the costs associated with recreation facilities in the County with the goal of creating a plan for sustainability. C-104/16 MOVED BY COUNCILLOR KELLY CHRISTMAN that the Proposed Increase in Funding for the Duchess/Division 8 Recreation Board be TABLED for further information. MOTION CARRIED LEFT THE MEETING S. Zacharias left the meeting at 10:50 a.m. 10.2 Road Closure by Resolution (Road Plan 4112EA) The Manager of Planning & Development provided background information on this item and the process of closing a road by resolution. The applicant will consolidate the parcel in order to install a pivot. Written consent for the road closure has been obtained from all five adjacent landowners. The County's Department of Municipal Services has indicated no concerns. The Manager of Planning & Development and the applicant responded to questions from Council. C-105/16 MOVED BY COUNCILLOR CLARENCE AMULUNG that, in accordance with Section 24 of the Municipal Government Act, Chapter M26, Revised Statutes of Alberta 2000, as amended, WHEREAS, the lands hereafter described are no longer required for public travel, NOW THEREFORE be it resolved that the Council of the County of Newell does hereby close the following described road, subject to rights of access granted by other legislation: ALL THAT PORTION OF ORIGINAL GOVERNMENT ROAD PLAN 4112EA CONTAINED IN THE SOUTH WEST QUARTER OF SECITON 26 IN TOWNSHIP 16 RANGE 16 WEST OF THE FOURTH MERIDIAN CONTAINING 1.78 HA (4.39 AC) MORE OR LESS EXCEPTING THEREOUT ALL MINES AND MINERALS To be placed back in Certificate of Title No. 141 208 793 +1. MOTION CARRIED Page 3 of 13 Regular Council April 7, 2016 LEFT THE MEETING G. Graham left the meeting at 10:58 a.m. 10.3 Road Closure - Approval to Proceed (EID) The Manager of Planning & Development provided background information on this item. N Fontaine provided justification for closure and sale, indicating that the road allowances have been flooded and unused since construction of the reservoir 100 years ago. He provided details regarding the Eastern Irrigation District's Land Use Policy. Council was given the opportunity to ask questions. Councillor C. Amulung asked if all the road allowances to be closed are under water. N. Fontaine replied that not all of them are currently flooded, but the request is for the closure of all roads within Plan IRR399. Councillor E. Unruh suggested that closing and leasing the roads would provide the same result. K. Bridges replied that the EID's preference is to own the road allowances and that he did not expect there to be a need for public access when they are flooded. The Manager of Planning & Development responded to questions regarding the value of the land. The County Planner provided further background information, indicating that there are no issues with Alberta Transportation or Alberta Environment & Parks. Councillor L. Juss expressed concerns with selling the road allowances that are not underwater. The County Planner replied that there are several road diversions registered to provide alternate access. C-106/16 MOVED BY COUNCILLOR GORDON SIMPSON that we proceed with the process for closing and LEASING the road allowances within Plan IRR399 associated with the Lake Newell Reservoir. MOTION CARRIED LEFT THE MEETING K. Bridges and N. Fontaine left the meeting at 11:17 a.m. 10.4 Road Closure - Approval to Proceed (Schock) The Manager of Planning & Development provided background information on this item and responded to questions from Council. Council was given the opportunity to ask questions. Councillor B. de Jong asked the applicants what had changed that led to the request for closure and sale rather than closure and lease. T. Shock replied that the road allowances can only be accessed by going through their property or along the river. Councillor B. de Jong indicated that access can be limited through a lease. The Manager of Planning & Development indicated that the applicants feel that purchasing the 0 0 road allowances would allow them more control over access to trails in the area. She indicated on the map the road allowance that is currently closed and leased. Discussion followed regarding the roads to be closed and some ( 1 Councillors expressed concerns with closing and selling the grid roads. The J Page 4 of 13 Regular Council April 7, 2016 Manager of Planning & Development responded to further questions from Council, indicating that the parcel could still be consolidated if the grid roads weren't closed and sold. Councillor A.M. Philipsen suggested that the road running east -west could be closed and sold and the road running north -south could be closed and leased. Further discussion on this item was postponed until after the Public Hearings. C-107/16 MOVED BY COUNCILLOR TRACY FYFE that we move into Public Hearings at 11:32 a.m. MOTION CARRIED 6. PUBLIC HEARINGS 6.1 Bylaw 1859-16 Road Closure & SALE (NW 32-23-18-W4 & NE 31-23-18-W4) Reeve M. Douglass called the Public Hearing to order at 11:32 a.m. Reeve M. Douglass reviewed the procedures that would be followed for the hearing. The Manager of Planning & Development stated that the intent of the Public Hearing is to hear representations on Bylaw 1859-16. The intent of this bylaw is to close and SELL that portion of road described between NW 32-23-18-W4 and NE 31-23-18-W4. The Manager of Planning & Development provided background information on this item, indicating that a copy of the document had been circulated to all adjacent landowners as well as a list of affected agencies. There were no responses received from adjacent landowners. Telus has provided a right-of- way agreement and none of the other agencies have indicated any objections to the road closure. There were no persons in attendance speaking in opposition to the proposed bylaw. The applicants were present to respond to questions from Council. Council was given the opportunity to ask questions. The Manager of Planning & Development responded to questions from Council, indicating that there are no setback issues with any of the structures on the property. 6.2 Bylaw 1860-16 Road Closure & LEASE (.W 36-23-16-W4 & SE 35-23-16-W4) Reeve M. Douglass called the Public Hearing to order at 11:36 a.m. Reeve M. Douglass did not review the procedures that would be followed for the hearing as there were no new persons in attendance. The Manager of Planning & Development stated that the intent of the Public Hearing is to hear representations on Bylaw 1860-16. The intent of this bylaw is U to close and LEASE that portion of road between W 36-23-16-W4nd SE 35-23-16-W4. Page 5 of 13 Regular Council April 7, 2016 6.3 The Manager of Planning & Development provided background information on this item, indicating that a copy of the document had been circulated to all adjacent landowners as well as a list of affected agencies. There were no responses received from adjacent landowners. There were no concerns reported by any of the affected agencies. There were no persons in attendance speaking either in favor of or in opposition to the proposed bylaw. Council was given the opportunity to ask questions. Bylaw 1861-16 Road Closure & SALE (NW 33-19-11-W4 & SW 4-20-11-W4) Reeve M. Douglass called the Public Hearing to order at 11:37 a.m. Reeve M. Douglass did not review the procedures that would be followed for the hearing as there were no new persons in attendance. The Manager of Planning & Development stated that the intent of the Public Hearing is to hear representations on Bylaw 1861-16. The intent of this bylaw is to close and SELL that portion of road described in Plan 2229BZ lying partly in NW 33-19-11-W4 and partly in SW 4-20-11-W4. The Manager of Planning & Development provided background information on this item, indicating that a copy of the document had been circulated to all adjacent landowners as well as a list of affected agencies. There were no responses received from adjacent landowners. There were no concerns reported by any of the affected agencies. There were no persons in attendance speaking either in favor of or in opposition to the proposed bylaw. Council was given the opportunity to ask questions. C-108/16 MOVED BY COUNCILLOR WAYNE HAMMERGREN that we move out of Public Hearings at 11:39 a.m. MOTION CARRIED 7. BYLAWS 7.1 Bylaw 1859-16 Road Closure & SALE (NW 32-23-18-W4 & NE 31-23-18-W4) The Manager of Planning & Development provided background information on this item and responded to questions from Council. 0 C-109/16 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that Bylaw 1859-16, being a bylaw for the purpose of closing to public travel and SELLING that portion of road allowance between NW 32-23-18-W4 and NE 31-23-18-W4, be given FIRST reading.OA MOTION CARRIED Page 6 of 13 Regular Council April 7, 2016 7.2 Bylaw 1860-16 Road Closure & LEASE (W 36-23-16-W4 & SE 35-23-16-W4) The Manager of Planning & Development provided background information on this item and responded to questions from Council. C-110/16 MOVED BY COUNCILLOR TRACY FYFE that Bylaw 1860-16, being a bylaw for the purpose of closing to public travel and LEASING that portion of road between W 36-23-16-W4 and SE 35-23-16-W4, be given FIRST reading. MOTION CARRIED 7.3 Bylaw 1861-16 Road Closure & SALE (NW 33-19-11-W4 & SW 4-20-11-W4) The Manager of Planning & Development provided background information on this item and responded to questions from Council. C-111/16 MOVED BY COUNCILLOR CLARENCE AMULUNG that Bylaw 1861-16, being a bylaw for the purpose of closing to public travel and SELLING that portion of road described in Plan 2229BZ lying partly in NW 33-19-11-W4 and partly in SW 4-20-11-W4, be given FIRST reading. MOTION CARRIED LEFT THE MEETING M. Anderson and T. Anderson left the meeting at 11:40 a.m. C-112/16 10. ADMINISTRATIVE BUSINESS - CONTINUED 10.4 Road Closure - Approval to Proceed (Schock) - continued D. Horvath provided further background information, indicating that the north -south portion of the grid road does not go further north past SH876. MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that we proceed with the process for closing and SELLING the road right of way between W 33-21-12-W4 and E 32-21-12-W4 and between N 33-21-12-W4 and NE 32-21-12-W4. Further discussion occurred regarding closing the non -grid roads and leasing the grid roads. T. Schock responded to further questions, indicating that their operations on the land would not change, but purchasing the road allowance would allow the land to be consolidated and they would not have to deal with lease renewals. S. Schock responded to questions regarding recreational traffic. Reeve M. Douglass asked about the other landowners who are a part of this road lease. J. Neely provided further information regarding the land. VOTE ON MOTION — DEFEATED Further discussion occurred regarding closing and leasing one or both of the grid roads. Page 7 of 13 Regular Council April 7, 2016 C-113/16 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that we proceed with the process for closing and SELLING the following: Road Plan 3211 BZ Road Plan 3130EZ the road allowance on the north boundary of N 33-21-12-W4 between SH876 and the Red Deer River. MOTION DEFEATED C-114/16 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that we proceed with the process for closing and SELLING the following: Road Plan 3211 BZ Road Plan 3130EZ. MOTION CARRIED LEFT THE MEETING J. Neely, T. Schock, and S. Schock left the meeting at 12:03 p.m. LUNCH Council RECESSED for lunch at 12:04 p.m. and RECONVENED at 1:02 p.m. 10. ADMINISTRATIVE BUSINESS – CONTINUED 10.9 Requests for Functions of Council 10.9.1 Emergency Management Training Session (April 19, 2016) C-115/16 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that members of the Emergency Management Committee be permitted to attend the Emergency Management Training Session in Brooks, AB on April 19, 2016 as a function of Council. MOTION CARRIED 10.9.2 Canadian Badlands Conference & AGM (April 20, 2016) C-116/16 MOVED BY COUNCILLOR BRIAN DE JONG that Reeve M. Douglass, Councillor A.M. Philipsen, and Councillor E. Unruh be permitted to attend the Canadian Badlands Conference & Annual General Meeting in Drumheller on April 20, 2016 as a function of Council. MOTION CARRIED 10.6 Scandia Local Improvement Amendment - Scenario Analysis The Manager of Finance provided background information on this item, indicating that three different scenarios were investigated. The first scenario is designed to provide a specific rate of return on the cash flows associated with the three local improvements to be amended. The second scenario considers the impact of paying out the debenture and refinancing the balance over 28 years. The third Q-0 scenario considers the potential of Council setting a precedent for amending local improvement bylaws. Page 8 of 13 Regular Council April 7, 2016 Council was given the opportunity to ask questions. Discussion followed. The Manager of Finance and Councillor W. Hammergren indicated that the local improvement process required by the Municipal Government Act was followed and the residents agreed. Reeve M. Douglass noted that, if approved, the residents would end up paying more over a longer period of time. The Manager of Finance agreed, indicated that current cash flow relief is provided in return for an increase in the overall cost. Discussion followed and the consensus was that it would be better for the residents of Scandia to stay with the original plan but to provide information regarding other options that are available. Councillor W. Hammergren indicated that the information would be presented at the Scandia Hamlet Annual General Meeting but that he would explain that Council might not agree to make the changes. The Manager of Finance and Director of Corporate Services responded to further questions from Council. 7. BYLAWS - CONTINUED 7.4 Bylaw 1863-16 - Tax Rates (2016) The Director of Corporate Services indicated that further changes are required prior to providing second reading to this bylaw. This item will be discussed during the April 21, 2016 Council Meeting. C7.5 Bylaw 1864-1616 LUA 002 (SW 28-18-15-W4 - A to RI) The County Planner provided background information on this item and responded to questions from Council. C-117/16 MOVED BY COUNCILLOR CLARENCE AMULUNG that Bylaw 1864-16, being a bylaw to amend Land Use Bylaw 1755-12 by redesignating approximately 7.12 acres (2.883 hectares) in SW 28-18-15-W4 from A - Agricultural District to RI - Rural Industrial District, be given FIRST reading. MOTION CARRIED 10. ADMINISTRATIVE BUSINESS - CONTINUED 10.1 Planning & Development Report The Manager of Planning & Development presented an update on the recent activities of the Planning & Development Department. Council was given the opportunity to ask questions. C-118/16 MOVED BY COUNCILLOR LIONEL JUSS that the Planning & Development report for March 2016 be accepted as presented. MOTION CARRIED Page 9 of 13 Regular Council April 7, 2016 8. DELEGATIONS 8.1 MP Martin Shields M. Shields provided an update to Council from the federal government. The budget has been presented with some details yet to come. He indicated that most municipalities are concerned with infrastructure funding and how to access it. Significant dollars have been allocated towards high speed internet and hopefully some of this will be distributed to rural areas. Council was given the opportunity to ask questions. M. Shields responded to questions regarding the infrastructure funding sources, which include the Building Canada Fund and Federal Gas Tax Fund. He indicated that the government is trying to streamline the grants process and that he was unsure of how funding will be distributed. M. Shields responded to questions regarding Syrian refugees, indicating that the number of private sponsorship placements available exceeds the number of refugees. The refugee centres in those countries have closed and the staff have returned to Canada. Councillor B. de Jong asked if there was any discussion on border issues and, in particular, the Wildhorse Border Crossing. M. Shields replied that the Wildhorse Border Crossing is mentioned locally with regards to improvement costs, but at this point there is no mention of funding sources. Councillor W. Hammergren asked if attitudes were changing about the Energy East Pipeline project. M. Shields replied that a second level of regulatory process has been implemented. He indicated that there are some government sectors that are realizing that this is not just an issue for Alberta and Saskatchewan. M. Shields responded to further questions regarding the Conservative party leadership and the upcoming by-election for the Medicine Hat-Cardston-Warner constituency. LEFT THE MEETING M. Shields left the meeting at 2:09 p.m. 8.2 Presentation of Audited Financial Statements (M. DeBlois, KPMG LLP) M. DeBlois presented Council with the 2015 Year End Financial Statements and provided explanations and highlights. Council was given the opportunity to ask questions. M. DeBlois and the Manager of Finance responded to questions from Council regarding operations, items not involving cash, amortization, acceptable surplus levels, and provincial subsidies. The Chief Administrative Officer asked about the grants receivable amount. The Manager of Finance replied that the amount is Municipal Sustainability Initiative funding allocated to the County of Newell Water Project and Regional Water Project. He indicated that there was a schedule of payments included with the original MSI grant agreement and funding has been received at a rate of $3-4 million per year. The Manager of Finance responded to further questions regarding Municipal Sustainability Grant funding. C-119/16 MOVED BY COUNCILLOR CLARENCE AMULUNG that the 2015 Year End Financial Statements for the period ending December 31, 2015 be accepted as presented. MOTION CARRIED Page 10 of 13 0- 0 1 Regular Council April 7, 2016 LEFT THE MEETING M. DeBlois, M. Fenske, and S. Hanson left the meeting at 2:33 p.m. 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. The Director of Agricultural Services responded to questions from Council. 9.2 Funding Request - Farm Safety Centre The Director of Agricultural Services provided background information on this item. Funding from municipalities and groups within the County has been sporadic, with the County itself being the only one providing continuous support over the past 4-5 years. Schools are able to book presentations directly. He indicated that he would be attending a presentation at Uplands School on April 18, 2016. C-120/16 MOVED BY COUNCILLOR BRIAN DE JONG that Motion C-38/16 be lifted from the - table. MOTION CARRIED Discussion followed. Councillor L. Juss indicated that the Kiwanis Club has agreed to support the Farm Safety Centre. C-38/16 MOVED BY COUNCILLOR KELLY CHRISTMAN that the County of Newell provides funding in the amount of $3,000.00 to the Farm Safety Centre in support of the "Safety Smarts" programming in local schools. MOTION CARRIED LEFT THE MEETING T. Green left the meeting at 2:46 p.m. 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 dust abatement program, indicating that they are monitoring weather and road conditions to see if the process can start early. Councillor B. de Jong oted that the E/D's incentive program for the County of Newell Water Proje ends Page 11 of 13 Regular Council April 7, 2016 soon. The Director of Municipal Services indicated that he would speak to the Manager of Engineering Services to send notifications to ratepayers who have signed up but have not yet hooked onto the system. 11.2 Utilities - NRSC Report The Utilities-NRSC Report was presented to Council. C-121/16 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the Director of Municipal Services Report and the Utilities - NRSC Report for March 2016 be APPROVED as presented. MOTION CARRIED LEFT THE MEETING M. Harbicht left the meeting at 3:00 p.m. 10. ADMINISTRATIVE BUSINESS - CONTINUED 10.7 Funding Request - Brooks Bombers Baseball The Director of Corporate Services provided background information on this item, identifying some options for funding sources, if approved. The Chief O Administrative Officer provided background information regarding the Regional Enhancement Reserve Fund. Discussion followed and the Director of Corporate Services responded to questions from Council. Discussion followed regarding funding sources and the Municipal Reserve was considered because this request deals with improving a community facility that will be used by residents from all over the County. Councillor G. Simpson suggested more discussion is required on where recreation funding is allocated. Further discussion occurred regarding the various funding sources. Reeve M. Douglass called the question. C-122/16 MOVED BY COUNCILLOR BRIAN DE JONG that the request from Brooks Bombers Baseball for upgrades to the dressing room facilities be APPROVED in the amount of $50,000.00 with funding from the Municipal Reserve. MOTION CARRIED 10.8 Payment Register C-123/16 MOVED BY COUNCILLOR TRACY FYFE that the Payment Register be accepted. 12. POST AGENDA ITEMS MOTION CARRIED UKThere were no post agenda items to discuss at this meeting. Page 12 of 13 Regular Council April 7, 2016 13. INFORMATION ITEMS There were no information items to discuss at this meeting. 14. QUESTION PERIOD/NOTICE OF MOTION A question period and notice of motion was held. 15. IN CAMERA C-124/16 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that we move in camera at 3:21 p.m. to discuss land issues. MOTION CARRIED C-125/16 MOVED BY COUNCILLOR ELLEN UNRUH that we move out of camera at 4:50 p.m. MOTION CARRIED 16. ADJOURN Being that the agenda matters have been concluded, the meeting adjourned at 4:50 p.m. Signed this .2-1 day of c '2016 Page 13 of 13