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Home My WebLink About1995-06-22 Council (Regular) Minutes>~ County of Newell No. 4 Minutes of Council Meeting June 22, i 995 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, Alberta on Thursday, June 22, 1995 commencing at 10:00 a.m. Members Present Reeve W. Rommens Councillors W. Daniels V. Fabian X10:10 a.m.) N. Berg E. Stubbs B. Baxter M. Loewen B. Scheuerman M. Douglass P. Barg Administrator M. Bowen 'p .... 1. Excused from Meeting No members requested to be excused from this meeting. 2. Minutes Minutes of the June 8, 1995 meeting were presented. Moved by Councillor Berg that we adopt these minutes as circulated. Carried. Minutes of the June 8, 1995 Public Hearing were presented. Moved by Councillor Douglass that we adopt these minutes as circulated. Carried. 3. Call for Post Agenda Items The Chairman called for post agenda items. June 22, 1995 Page 105 Arrived at Meeting Councillor Fabian arrived at the meeting at 10:10 a.m. 4. Adoption of Agenda Moved by Councillor Stobbs that we adopt the agenda as amended. Carried. 5. Business from Minutes 7-1 By-law to Prevent Littering by Covering Loads The Administrator presented Section 170 Subsection 2 of the Environmental Protection & Enhancement Act which states: "No person shall transport waste in or on a vehicle on a highway unless the waste is adequately contained, secured or covered to prevent it #rom falling off or being blown off the vehicle while being transported." As this Provincial Statute covers the concerns, no further action was taken. 6. Delegations 1. Brownlee Fryett -Leo Burgess -Annexation Leo Burgess, from Brownlee Fryett, was in attendance to present in#ormation on annexation and Development Appeal Board Hearings. Moved by Councillor Daniels that we move into camera. Carried. Moved by Councillor Loewen that we move out of camera. Carried. 2. Nick Salonka -Cassils Area Structure Plan Nick Salonka & Cecil Blair were in attendance to present their concerns on the By-law far the Cassils Area Structure Plan. June 22, 1995 Page 106 -~~, a) By-law 1128-95 Administration presented By-law 1128-95, being a By-law to amend the Cassils Area Structure Plan By-law 1036-91. Moved by Councillor Douglass that By-law 1128-95 receive third reading. Carried. b) By-law 1130-95 Administration presen#ed By-law 1130-95, being a By-law to incorporate the changes of the Cassils Area Structure Plan into our Land Use By-law 1004-90. Moved by Councillor Loewen that By-law 1130-95 receive third reading. Carried. 3. Torchinsky Engineering - S.H. 873 Tenders ~1' Steve Banack, of Torchinsky Engineering, was in attendance and presented the tenders for the ~. S.H. 873 Project. After a review of these tenders, it was moved by Councillor Scheuerman that we accept the tender from DBC Contractors subject to approval from Alberta Transportation & Utilities. Carried. -~~ Lunch Council recessed for lunch from 12:10 - 1:10 p.m. 7. Public Hearings Administration presented information on the Public Hearings to commence at 1:30 p.m. Moved by Councillor Berg that we recess for the Public Hearings. Carried. The regular meeting reconvened at 3:15 p.m. June 22, 1995 Page 107 By-law 1137-95 Administration presented By-law 1137-95, being a By-law to amend Land Use By-law 1004-90. Moved by Councillor Loewen that By-law 1137.95 be amended as follows: in Clause (34) after the word "site", adding: 'and may include a Waste Disposal Site'; adding Clause (36), which states: "'Waste Disposal Site" means a publicly owned and controlled waste disposal facility where such facility is operated as a modified sanitary landfill or dry waste site pursuant to the Waste Management Regulations (Alberta Regulation 250185) or any replacement or parallel legislation.' Vote on the amendment -Carried. Moved by Councillor Douglass that By-law 1137-95 receive second reading. Carried. Moved by Councillor Daniels that By-law 1127.95 receive third reading. Carried. -law 1138-95 Administration presented By-law 1138.95, being a By-law to amend Land Use By-law 1004-90. Moved by Councillor Barg that By-law i 138.95 be amended as follows: in Section 65.3, changing the front yard set-back from "60 metres" to read '40 metres'; in the second paragraph of Section 65.4, after "provisions for the following", adding: 'where required by good engineering and environmental practice'; in Section 65.4 (I), deleting the words: 'for newspaper, cardboard, glass, metal, select plastics, and other identified recyclable material'. Vote on the amendment - Carried. Moved by Councillor Daniels that By-law 1138-95 be amended as follows: in Section 65.4 (I), by changing the word "encouraging" to 'require'. Vote on the amendment -Lost. Moved by Councillor Stobbs that By-law 1138-95 receive second reading. Carried. Moved by Councillor Loewen that By-law 1138-95 receive third reading. Carried. June 22, 1995 Page 108 ,.~ By-law 1139-95 Administration presented By-law 1139-95, being a By-law to amend Land Use By-law 1004-90. Moved by Councillor Daniels that By-law 1139-95 be amended as follows: in Section 66, after the word "Site", adding 'and may include a Waste Disposal Site and the provision of facilities for the collection and storage of tires and pesticide containers'; in Section 66.1, adding: 'Waste Disposal Site'; in Section 66.3, changing the front yard set-back from "60 metres from centre line of Secondary Highway" to '40 metres from centre line of Secondary Highway'; in Section 66.4, after "provisions for the following", adding: 'where required by good engineering and environmental practice'; in Section 66.4 (#), deleting the words: 'for newspaper, cardboard, glass, metal, select plastics, and other identified recyclable material'. Vote on the amendment -Carried. Moved by Councillor Stobbs that By-law 1139.95 receive second reading. Carried. Moved by Councillor Berg that By-law 1139.95 receive third reading. Carried. ~ ~ By-law 1140-95 Administration presented By-law 1140-95, being a By-law to amend Land Use By-law 1004-90. ~-, Moved by Councillor Loewen that By-law 1140-95 receive second reading. Councillor Baxter requested a recorded vote. Voting for the motion: Div. 1 -Councillor Daniels, Div. 2 -Councillor Fabian, Div. 3 -Councillor Berg, Div. 4 -Councillor Stobbs, Div. 5 -Councillor Rommens, Div. 6 - Councillor Baxter, Div. 7 -Councillor Loewen, Div. 8 -Councillor Scheuerman, Div. 9 -Councillor Douglass, Div. 10 • Councillor Barg. Vote on the motion for second reading -Carried. Moved by Councillor Stobbs that By-law 1140-95 receive third reading. Councillor Baxter requested a recorded vote. Voting for the motion: Div. 1 -Councillor Daniels, Div. 2 -Councillor Fabian, Div. 3 -Councillor Berg, Div. 4 -Councillor Stobbs, Div. 5 -Councillor Rommens, Div. 7 - Councillor Loewen, Div. 8 • Councillor Scheuerman, Div. 9 -Councillor Douglass, Div. 10 - Councillor Barg. Voting against the motion - Div. 6 -Councillor Baxter. Vote on the motion for third reading -Carried. June 22, 1995 Page 109 $. Correspondence 1. Alberta Public Works • Chemical Can Site Administration advised that Alberta Public Works is only looking at selling the 0.3 acres of the E'/z of 28-17-14-4 where the present Chemical Can Site is located. Moved by Councillor Douglass that we refer this item to the next Agricultural Service Board Meeting far information, and then back to Council on July 6th. Carried. 2, Bel MK Engineering Ltd. • Patricia Water Treatment Plant Administration presented a letter from Bel MK Engineering Ltd. advising that the Hamlet of Patricia Water Treatment Plant has been on-going for two years and requesting an additional 53,300.00 in engineering fees. After discussion, it was moved by Councillor Berg that we accept the additional 53,300.00 engineering fees on the Patricia Water Treatment Plant Project. Carried. 9. Other Business 1. By-law 1129-95 - CR2 District & Rural Residential Use Moved by Councillor Barg that we amend By-law 1129.95 by deleting Sections 1, 2, 3 & 4 and renumbering Sections 5, 6 & 7 appropriately. Vote on the motion -Carried. , .... Moved by Councillor Scheuerman that By-law 1129-95 receive second reading. Carried. Moved by Councillor Daniels that we call the question. Carried. Moved by Councillor Daniels that Bylaw 1129-95 receive third reading. Carried. 2. ~-law 1146-95 -Establish an Assessment Review Board Moved by Councillor Daniels that Bylaw 1146-95, being a By-law to establish an Assessment Review Board, receive first reading. Carried. Moved by Councillor Stobbs that By-law 1146-95 receive second reading. Carried. June 22, 1995 Page 110 ..~ Moved by Councillor Scheuerman that By-law i 146-95 receive consent of Council for third and final reading. Carried Unanimously. Moved by Councillor Douglass that By-law 1146-95 receive third and final reading. Carried. 3. Resolution -Signing Authority for CAESA Moved by Councillor Berg that the Reeve, Wendell Rommens, the Acting Agricultural Fieldman, Bob McTavish, and the Administrator, Marlene Bowen, be given authority to sign articles for the CAESA Project. Carried. 4. Dates for Assessment Review Board Hearings Administration advised that the dates of Augus# 14 - 18, 1995 were suggested far the Assessment Review Board Hearings. Moved by Councillor Douglass that we set the dates of August 14 - 18, 1995 for the Assessment Review Board Hearings. Carried. ~~ .... Moved by Councillor Fabian that the present members elected to the old Court of Revision, being Councillors Stobbs, Berg, Darnels, Douglass &Scheuerman, be appointed to the Assessment Review Board. Carried. 5. Tax Forfeiture Property Administration presented a request from realtors for commission on the sale of tax forfeiture property. After discussion, it was moved by Councillor Scheuerman that the same commissions be offered on the forfeited property as we are presently offering on the regular County Hamlet lots. Carried. 10. Delegation 1. Jay deJong - Pt. SE 3-19-14-4 Jay deJong and an associate were in attendance to discuss the land use on Pt. SE 3-19.14-4. June 22, 1995 Page 111 11. Committee Reports Municipal No report. A.S.B. Councillor Daniels gave this report. Senior Citizens' Home No report. Salary Negotiating Committee No report. Airport Commission Na report. Disaster Services No report. Municipal Library Board Councillor Douglass gave this report and advised that the grant has been decreased to $4.00 per capita. Foothills Little Bow Association No report. June 22, 1995 Page 112 ..., Municipal Budget Committee No report. M.P.C. 95 SE 49 - NW 9-18-14-4 -Monty Mortensen Moved by Councillor Loewen that we approve this subdivision subject to the public utility lot being registered in the name of the Homeowner's Association; the power to the public utility lot being in the name of the Homeowner's Association; the required easements and agreements for conveyance of water from the distribution system to the existing and proposed subdivisions be provided to the E.I.D.; and an easement be registered on the remnant parcel which would guarantee access to proposed Lot 2. Carried. 95 SE 18 - NW 28.20.14-4 -Warren & Terry Fulton Moved by Councillor Loewen that we approve this subdivision subject to the applicant entering into a Water Agreement with the E.I.D.; the applicant providing the E.I.D. with an easement (~ ~~ through proposed Block 1 to ensure distribution of water to Block 2; and the applicant entering \+ into a Service Agreement with the County such that one approach off S.H. 873 provides access ~ to both proposed parcels. Carved. 95 SE 5i - SW 18-19-13-4 -Susan & Wayne Schoneck Moved by Councillor Loewen that we deny this subdivision as it does not comply with the Land Use By-law. Carried. D.A.B. Councillor Daniels gave this report. Brooks & District Ambulance Association Councillor Berg gave this report. June 22, 1995 Page 113 County Tourism Committee No report. Newell Regional Solid Waste Management Authority No report. Urban Fringe Committee No report. Newell Mini-bus Committee Moved by Councillor Douglass that we accept the report for May. Carried. Town of Brooks Environmental Advisory Committee No report. .... Palicy Committee No report. 12. Post Agenda Items 1. Local Reclamation Officers & Environment Reclamation Officers Administration advised that she had received a telephone call from Alberta Environment advising that a member from their staff must go to all of the reclamation sites as they have the signing power. At this time, one of our local reclamation officers accompanies this individual and, therefore, there appears to 6e a duplication of services. After discussion, it was moved by Councillor Berg that, as we prefer to have a local representative in attendance at these sites, it stay as it is at the present time, with one of the local reclamation officers and a member from Alberta Environment attending these sites. Carried. June 22, 1995 Page 114 _ 2. Emergency Public Warning System Information was presented by Councillors Scheuerman and Rommens on their recent attendance regarding the Emergency Public Warning System. After discussion, it was moved by Councillor Baxter that we participate in the Emergency Public Warning System. Carried. 13. Question PeriodlNotice of Motion A question period was held. 14. Information Items 1. A.A.M.D. & C. -News Highlights 15. Adjourn Moved by Councillor Daniels that the meeting adjourn at 5:15 p.m. Carried. ~~ ~ REEVE ~~~~~, COUNTY ADMINISTRATOR June 22, 1995 Page 115 County of Newell No. 4 Minutes of Public Hearings June 22, 1995 Public Hearings of the County of Newell No. 4 were held in the County Office at Brooks, Alberta on Thursday, June 22, 1995 commencing at 1:30 p.m. Members Present Reeve W. Rommens Councillors W. Daniels V. Fabian N. Berg E. Stobbs B. Baxter M. Loewen B. Scheuerman M. Douglass P. Barg Administrator M. Bowen ~ The Reeve opened the Public Hearing at 1:30 p.m. ~~ By-law 1137-95 The first Public Hearing dealt with By-law 1137-95, being an amendment to Land Use By-law 1004-90 to add definitions for the Solid Waste Management Site and definitions for the Solid Waste Transfer Site. Five members of the public were in attendance to discuss this land use change. Hugh Ham and Cliff Longpre, representing the Newell Regional Waste Management Authority, and the County of Newell Planner, Steve Welling, were also in attendance. Hugh Ham asked for amendments to the By-law. This Hearing adjourned at 1:49 p.m. By-law 1138-95 The second Public Hearing was called to order at 1:50 p.m. This Hearing dealt with By-law 1138-95, being an amendment to Land Use By-law 1004-90 by adding a Public Solid Waste Management District. Five members of the public were in attendance to discuss this land use change. Hugh Ham and Cliff Longpre, representing the Newell Regional Waste Management Authority, and the County of Newell Planner, Steve Wetting, were also in attendance. Hugh Ham presented amendments they wish to see in this proposed By-law. This Hearing adjourned at 1:59 p.m. By-law 1139.95 The third Public Hearing was called to order at 2:00 p.m. This Hearing dealt with By-law 1139-95, being an amendment to Land Use By-law 1004-90 by adding a Public Waste Transfer Site District. .... Five members of the public were in attendance to discuss #his land use change. Hugh Ham and Cliff Longpre, representing the Newell Regional Waste Management Authority, and the County of Newell Planner, Steve Welling, were also in attendance. Hugh Ham presented amendments they wish to see in this proposed By-law. This Hearing adjourned at 2:05 p.m. At this time, the Hearing recessed briefly. -law 1140-95 The Hearing reconvened at 2:15 p.m. to deal with By-law 1140-95, being an amendment to Land Use By-law 1004-90 designating Pt. of SE & SW 34-19.15-4 to a Solid Waste Management Site. Six members of the public were in attendance to discuss this land use change. Hugh Ham and Cliff Longpre, representing the Newell Regional Waste Management Authority, and the County of Newell Planner, Steve Welling, were also in attendance. Cliff Longpre presented information explaining why they wish to have this area designated as a Waste Management Site. Six more members of the public arrived at the Hearing at 2:25 p.m. An overview of the Hearing was presented to these individuals. Bob Bildersheim presented his views opposing this proposed land use change. Ray Juska presented views for the proposed land use change. Lonny Trapp, representing the Town cf Bassano, presented views fior the proposed land use change. Margie Seaton presented views against the proposed land use change. Ron Remus, representing the Town of Brooks, presented views for the proposed land use change. Scott Egger presented views against the proposed amendment. Bob Burton presented information for the proposed land use change and advised of the limited space at our present landfill site. ~~ There being no further comments or questions, the Public Hearings adjourned at 3:03 p.m. REEVE COUNTY ADMINISTRATOR