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HomeMy WebLinkAbout2016-09-08 Council (Regular) MinutesCOUNTY OF NEWELL MINUTES OF REGULAR COUNCIL September 8, 2016 The regular Council Meeting of the County of Newell was held in the County Office on Thursday, September 8, 2016 commencing at 10:35 a.m. MEMBERS M. Douglass, Reeve PRESENT: COUNCILLORS: C. Amulung G. Simpson A.M. Philipsen T. Fyfe K. Christman B. de Jong L. Juss ABSENT: W. Hammergren E. Unruh STAFF: K. Stephenson, Chief Administrative Officer L. Johnson, Director of Corporate Services A. Wickert, Manager of Planning & Development D. Horvath, County Planner - ORRSC T. Green, Director of Agricultural Services M. Harbicht, Director of Municipal Services A. Nielsen, Executive Assistant OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: J. Timko, County Ratepayer (Bylaw 1872-16) 1. 2. C-275116 3. CALL TO ORDER Reeve M. Douglass called the meeting to order at 10:35 a.m. EXCUSED FROM MEETING MOVED BY COUNCILLOR TRACY FYFE that Councillor W. Hammergren and Councillor E. Unruh be excused from the meeting. MOTION CARRIED ADOPTION OF MINUTES 3.1 Minutes - Council (August 11, 2016) The following changes were made to the August 11, 2016 Council Meeting minutes. Page 3 - Motion C-265/16 - should read ..that Council has no comments to submit regarding the Draft Wheatland County Land Use Bylaw; further, that... " � Regular Council September 8, 2016 C-276/16 MOVED BY COUNCILLOR CLARENCE AMULUNG that the August 11, 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-277/16 MOVED BY COUNCILLOR BRIAN DE JONG that the agenda be adopted as amended. MOTION CARRIED 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. Council was given the opportunity to ask questions. The Director of Agricultural Services responded to questions regarding the product used for road top spraying. Councillor T. Fyfe asked about the possibility of obtaining a smaller barbecue to rent out for smaller functions. The Director of Agricultural Services indicated that he would look into this. LEFT THE MEETING T. Green left the meeting at 10:49 a.m. 9. ADMINISTRATIVE BUSINESS 9.1 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. The Manager of Planning & Development provided an update on the North Headgates Draft Area Redevelopment Plan. A meeting is scheduled for 2:00 p.m. this afternoon with the landowner and his engineer to review the draft Area Redevelopment Plan and the issues identified by County staff. Timelines for completion will also be discussed at this time. The Manager of Planning & Development indicated that Council is welcome to attend this meeting. She responded to further questions, indicating that Council has the ability to make amendments to the submitted plan through the County Planner. The County Planner indicated that the changes requested by the County must be completed or there must be an explanation of why this cannot or will not be done. She also noted that the access road would also be discussed today, as it had not been included in the draft Area Redevelopment Plan submitted. Councillor A. M. Philipsen asked if the landowner would be responsible for the costs associated with the Oldman River Regional Services Commission amending the submitted Area Redevelopment Plan. The Manager Page 2 of 9 Regular Council September 8, 2016 of Planning & Development replied that she had obtained a quote and would be notifying the landowner of this during the meeting today. The Chief Administrative Officer provided an update on the access road. The Eastern Irrigation District has granted the landowner a three year window in which he can lease and use the road. Discussion followed regarding establishing a deadline for submission of the final draft of the Area Redevelopment Plan. The County Planner responded to questions from Council regarding what could happen if this deadline is missed. She outlined the process for adopting an Area Redevelopment Plan, which includes a Public Hearing and three readings of a bylaw. ARRIVED AT MEETING J. Timko arrived at 11:06 a.m. C-278/16 MOVED BY COUNCILLOR BRIAN DE JONG that the landowner be advised that Council requires the final draft of the North Headgates Area Redevelopment Plan to be submitted to the Manager of Planning & Development by September 15, 2016 for review by Council during the September 22, 2016 Council Meeting. MOTION CARRIED C-279/16 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the Planning & Development report for September 2016 be accepted as presented. MOTION CARRIED 9.2 CFO Application LAI 1036A This item was removed from the agenda. 9.3 Proposed Changes to Signage Definitions & Regulations in the Land Use Bylaw - Consultation with Urban Municipalities The County Planner provided background information on this item, indicating that a range of responses have been received from the urban municipalities. The County Planner responded to questions from Council. C-280/16 MOVED BY TRACY FYFE that the Land Use Bylaw Review Committee meet and prepare a formal position regarding proposed changes to the signage provisions in the Land Use Bylaw, and also prepare recommendations regarding other current Land Use Bylaw topics that have arisen since the Land Use Bylaw review process commenced. MOTION CARRIED 9.4 Request for Proclamation - Help Find a Cure for Diabetes Council was provided with background information on this item. C-281/16 MOVED BY COUNCILLOR KELLY CHRISTMAN proclaims September 26 - October 5, 2016 as "Help the County of Newell. Page 3 of 9 that the County of Newell hereby Find a Cure for Diabetes" Week in MOTION Regular Council September 8, 2016 9.5 Request for Proclamation - Muscular Dystrophy Awareness Month Council was provided with background information on this item. C-282/16 MOVED BY COUNCILLOR TRACY FYFE that the County of Newell hereby proclaims September 2016 as Muscular Dystrophy Awareness Month in the County of Newell. MOTION CARRIED 9.6 Councillor Payment Sheets (July 2016) C-283/16 MOVED BY COUNCILLOR GORDON SIMPSON that the July 2016 Councillor Payment Sheets be accepted with the amendments recommended by the Councillor Compensation Review Committee. MOTION CARRIED 9.7 Cheques for Payment C-284/16 MOVED BY COUNCILLOR CLARENCE AMULUNG that cheque 184644 in the amount of $373,161.60 and cheque 184687 in the amount of $1,090,756.62 be APPROVED. MOTION CARRIED 9.8 Payment Register The Director of Corporate Services responded to questions from Council regarding tax refund payments, indicating that a summary would be prepared. C-285/16 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the Payment Register be accepted. MOTION CARRIED 9.9 Requests for Functions of Council 9.9.1 EOEP Course - Community Development through Citizen Engagement (November 23, 2016) Discussion followed regarding the Elected Officials Education Program courses. Councillor G. Simpson suggested that two of the Councillors on the Joint Services Committee should attend. C-286/16 MOVED BY COUNCILLOR BRIAN DE JONG that any Councillor be permitted to attend the Elected Officials Education Program Course "Community Development through Citizen Engagement" in Brooks, AB on November 23, 2016 as a function of Council. MOTION CARRIED 9.9.2 Bow River Basin Council Retreat (September 14-16, 2016) Councillor B. de Jong provided background information on this item. C-287/16 MOVED BY COUNCILLOR CLARENCE AMULUNG that Councillor B. de Jong be permitted to attend the Bow River Basin Council Retreat in Calgary, AB on September 14-16, 2016 as a function of Council. MOTION CARRIED Page 4 of 9 Regular Council September 8, 2016 9.9.3 Alberta Irrigation Projects Association 2016 Water Conference (November 14-15, 2016) Councillor A. M. Philipsen provided background information on this item. C-288/16 MOVED BY COUNCILLOR LIONEL JUSS that Councillor A.M. Philipsen be permitted to attend the AIPA 2016 Water Conference in Calgary, AB on November 14-16, 2016 as a function of Council. MOTION CARRIED 11. POST AGENDA ITEMS 11.1 MGA Legislation & Regulations - AAMDC Discussion Guides The Chief Administrative Officer provided background information on this item, stating that he has no concerns with the proposed amendments. He indicated that clarification is required to what a due diligence study/report includes. He suggested that the guidelines established for the larger complex corporations should not have a negative effect on smaller simple corporations. The Chief Administrative Officer noted that a municipally owned corporation should have all the same benefits as any municipality providing a service on their own such as the ability to transfer utility arrears to the municipal tax roll for collection. Municipal Controlled Corporations should also be held to the same level of accountability with financial reporting as municipalities. Further discussion on this item was postponed until after the Public Hearing. 189/16 MOVED BY COUNCILLOR GORDON SIMPSON that we move into Public Hearings at 11:29 a.m. MOTION CARRIED 6. PUBLIC HEARINGS 6.1 Bylaw 1872-16 Road Closure & SALE (NW 31-17-12-W4 & SW 6-18-12-W4) Reeve M. Douglass called the Public Hearing to order at 11:30 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 1872-16. The intent of this bylaw is to close and SELL that portion of road between NW 31-17-12-W4 and SW 6-18-12-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 to a list of affected agencies. No responses were received from adjacent landowners. Atco Gas, Alta Link, Fortis, and Telus have no objections to the proposed road closure and sale. There were no persons in attendance speaking in opposition to the prop sed bylaw. The applicant was present to respond to questions from Council. Page 5 of 9 Regular Council September 8, 2016 Council was given the opportunity to ask questions. The applicant and the Manager of Planning & Development responded to questions from Council regarding an approach off of SH876 north of the road to be closed. C-290/16 MOVED BY COUNCILLOR LIONEL JUSS that we move out of Public Hearings at 11:32 a.m. MOTION CARRIED 7. BYLAWS 7.1 Bylaw 1872-16 Road Closure & SALE (NW 31-17-12-W4 & SW 6-18-12-W4) C-291/16 MOVED BY COUNCILLOR CLARENCE AMULUNG that Bylaw 1872-16, being a bylaw for the purpose of closing to public travel and SELLING that portion of road between NW 31-17-12-W4 and SW 6-18-12-W4, be given FIRST reading. MOTION CARRIED LEFT THE MEETING J. Timko, A. Wickert, and D. Horvath left at 11:33 a.m. 11. POST AGENDA ITEMS — continued 11.1 MGA Legislation & Regulations - AAMDC Discussion Guides —continued Council reviewed the Municipally Controlled Corporations discussion guide. The Chief Administrative Officer provided an overview of his responses to the questions in the discussion guide. Discussion followed regarding establishing a Municipally Controlled Corporation for the sole purpose of making a profit. The Chief Administrative Officer suggested that any profits should be directed back to the service provided by the Corporation. He indicated that Municipally Controlled Corporations should be held to the same level of accountability as the municipality with regards to annual reporting and public notification processes. He suggested that pension should be handled the same as any municipality providing the service. He provided further comments regarding the requirement for Unanimous Shareholders Agreements, the application of public utilities, and whether existing Municipally Controlled Corporations should be exempt from the proposed changes. The Chief Administrative Officer suggested that there should be guidelines for governing Municipally Controlled Corporations. Further discussion on this item was postponed until later during this meeting. 10. MUNICIPAL SERVICES BUSINESS 10.1 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 provided an update on an alternate dust abatement product that is being evaluated, noting that it seems to be performing well. Councillor T. Fyfe asked for an update on paving in the Martin Industrial Subdivision and the walking path to the Centennial Regional Page 6 of 9 Regular Council September 8, 2016 Arena. The Director of Municipal Services replied that the Manager of Engineering Services would be working on those projects as well as railway crossings. The goal is to have at least a first lift completed this year, weather permitting. The Director of Municipal Services provided an update on the Truck Route and responded to further questions from Council regarding the Payment Register. 10.2 Utilities - NRSC Report The Utilities-NRSC Report was presented to Council. C-292/16 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the Director of Municipal Services Report and the Utilities - NRSC Report for August 2016 be APPROVED as presented. MOTION CARRIED LEFT THE MEETING M. Harbicht left the meeting at 11:55 a.m. 10.3 Request for Input - Government of Canada's Infrastructure Plan Discussion followed and a letter will be sent to MP M. Shields outlining priority projects where this grant funding would be very beneficial. 11. POST AGENDA ITEMS — continued 11.1 MGA Legislation & Regulations - AAMDC Discussion Guides —continued Council reviewed the Meeting Regulation discussion guide. The Chief Administrative Officer suggested that the regulation should define what a meeting is and provide clarification on what can and cannot be discussed during a closed meeting. Discussion followed and it was agreed that, while all decisions should be made in public, the ability to develop documents in closed working sessions is also important. The Chief Administrative Officer responded to questions from Council and provided his comments on the questions in the discussion paper. Council reviewed the Code of Conduct Regulation discussion guide. Councillor K. Christman suggested that potential candidates be required to take a course outlining what is expected of them before they run for Council. Discussion followed regarding the establishment of a Code of Conduct bylaw. The Chief Administrative Officer indicated that this is a good initiative, but suggested that Council should be able to enforce the bylaw as a group as it needs to have some teeth to be effective. Reeve M. Douglass suggested that the bylaw could be reviewed during the annual Organizational Meeting. Discussion followed regarding enforcement and mandatory training. Further discussion on this item will continue later during this meeting. Page 7 of 9 Regular Council September 8, 2016 LUNCH Council RECESSED for lunch at 12:35 p.m. and RECONVENED at 1:16 p.m. 11. POST AGENDA ITEMS — continued 11.1 MGA Legislation & Regulations - AAMDC Discussion Guides —continued Discussion continued and Council agreed that the local authority should be responsible for enforcing the Code of Conduct bylaw, if necessary, and that training should be mandatory for Councillors after they are elected. Council reviewed the Financial Planning Regulation discussion guide. The Chief Administrative Officer indicated that a standard format for all required written plans, schedules, and returns should be included in the regulation. He suggested that capital assets include a schedule for remaining life expectancy along with a replacement schedule with dates and future replacement values shown. He indicated that longer term mill rate forecasts would also be of interest to ratepayers. ARRIVED AT MEETING Councillor L. Juss returned at 1:22 p.m. Council reviewed the Public Participation Regulation discussion guide. ARRIVED AT MEETING Councillor C. Amulung returned at 1:23 p.m. Councillor B. de Jong indicated that, when trying to engage the public, you use whatever tools are available to you at the time. Councillor G. Simpson suggested that the public is more interested in the information rather than making decisions. The Chief Administrative Officer outlined the methods currently used to engage the public, which include the website, social media, direct mail outs, and newspaper advertising. He noted that the public should have direct input in the budget process before a municipality drafts their budgets. Councillor L. Juss noted that, in some cases, the public does not have access to the same information as Council has when making a decision. The Chief Administrative Officer suggested that there may be a requirement to have a section during every Council meeting where the public would be able to speak and raise issues or ideas. He suggested that it would be at the start of a meeting so they did not need to sit for hours before they have the floor. Council reviewed the Jointly Initiated Amalgamation Regulation discussion guide. The Chief Administrative Officer indicated that he has no concerns with what is outlined in the discussion guide. Page 8 of 9 Regular Council September 8, 2016 11.2 Foothills Little Bow Municipal Association Meeting Agenda (2016-09-16) This item was accepted as information. Discussion followed regarding making a suggestion to rotate the location of the meeting to other member municipalities. 12. INFORMATION ITEMS 12.1 Mini Bus Monthly Report (July 2016) This item was accepted as information. 13. QUESTION PERIOD/NOTICE OF MOTION A question period and notice of motion was held. 14. IN CAMERA C-293/16 MOVED BY COUNCILLOR BRIAN DE JONG that we move in camera at 1:41 p.m. to discuss a legal issue. MOTION CARRIED C-294/16 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that we move out of camera at 2:00 p.m. MOTION CARRIED 15. ADJOURN Being that the agenda matters have been concluded, the meeting adjourned at 2:00 p.m. Signed this 2—day of 2016 Administrator Page 9 of 9