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Home My WebLink About1998-03-05 Council (Regular) MinutesCounty of Newell No. 4 Minutes of Council Meeting March O5, 1998 The regular Council Meeting of the County of Newcll No. 4 was held in the County Office at Brooks, AB on Thursday, March O5, 1998 commencing at 10:00 a.m. Members Present Reeve M. Douglass Councillors W. Daniels V. Fabian N. Berg E. Stobbs J. Harbinson R. Steinbach M. Loewen (10:03 a.m.) B. Scheuerman C. Baksa (10:03 a.m.) Administrator M. Bowen Recording Secretary P. Hoffman ~. 1. Excused from Meeting No members asked to be excused from this meeting. ~,~' ... . 2. Minutes 1) Council Minutes -February 19. 1998 Minutes of the February 19, 1998 meeting were presented. Moved by Councillor Fabian that we adopt these minutes as circulated. Carried. Arrived at Meeting Councillors Loe~~ven and Baksa arrived at the meeting at 10:03 a.m. 3. Call for Post Agenda Items The Reeve called for post agenda items. March O5, 1998 Page 35 4. Adoption of Agenda Moved by Councillor Stobbs that we adopt the agenda as amended. Carried. 5. Business from Minutes 11-3 Patricia Ratepayers Meeting -March 24/98 Administration reported that the Patricia Ratepayers Meeting was changed to March 24/98 7:30 p.m. in the Patricia Community Hall. -4 A.A.M.D.&C. -Ministerial Forum it was the consensus of Council that questions for the Ministerial Forum will be given from the floor rather than submitting written questions. j 7-2 Bylaw 1239-98 -Division 5 & 10 Recreation ~` ~ Councillor Baksa will send a copy of this bylaw to the Town and it will be brought to a future meeting. 7-3 Agriculture Pest Act /Weed Control Act Appeal Committee Moved by Councillor Daniels that David Clyne of Bassano, Wayne Slenders of Scandia, John Beasley of Patricia and John Straub of Tilley be appointed to the Agriculture Pest Act /Weed Control Act Appeal Committee. Carried. 11-6 Reeves Meeting - Agenda Items Items for the Reeves Meeting Agenda were the Partnership Program both major structures and secondary highways and how other municipalities feel it is working and Inter-Municipal Development Plans. 11-7 A.A.M.D.&C. -Electric Dere ulation This item will be dealt with as a workshop session at the Spring Convention. March O5, 1998 Page 36 7-4 Town of Brooks -Crop Diversification Centre The Administrator read a letter from Alberta Public Works Supply and Services with regard to a joint meeting that was held at the Crop Diversification Centre dealing with the designation of the road. Moved by Councillor Daniels t11at we deny the request from. the Town of Brooks to annex the Crop Diversification Centre and Snyders properties. Carried. 6. Correspondence 1. County of Vulcan No. 2 -Mock Disaster Scenario A letter from the County of Vulcan No. 2, asking for our cooperation in a mock disaster scenario, was presented to Council for information. ., g~ 2. Town of Brooks - Lifesavin Society - Jr Lifeguard Games -Donation Request 4~"`' , `~`~+ A letter from the Town of Brooks, requesting a donation to their Jr. Lifeguard Games, was presented to Council. Moved by Councillor Loewen that we do not donate to the Jr. Lifeguard Games. Defeated. Moved by Councillor Fabian that we donate $200.00 to the Jr. Lifeguard Games. Carried. 3. Alberta Commission of Services for Children & Families -Draft Regional Service Plan The Draft Regional Service Plan from the Alberta Commission of Services for Children & Families was presented to Council. The plan was reviewed and the questionnaire completed. 4. Alberta Municipal Government Board A letter from the Alberta Municipal Government Board, regarding the status of the negotiations of the inter-municipal planning dispute, was presented to Council. Moved by Councillor Daniels that Council have a Special In Camera Meeting on March 10, 1998 at 1.0:00 a.m. to deal with the issues in our Municipal Plan that the Town of Brooks is appealing. Carried. Marc1105, 1998 Page 37 7. Other Business 1. Appointment of Fire Chiefs Moved by Councillor Baksa that we appoint the following individuals as Fire Chiefs: Rolling Hills -Dave Goodheart; Tilley -Darren Olivier; Patricia/Duchess -Steve Grove; Bow Slope -Roger Anderson; Brooks Rural -Denis Cunninghame; Bassano - Gordon Bartow; Rosemary -Richard Gette; and Gem -Les Douglass. Carried. 2. Transfers to Reserves Moved by Councillor Loewen that we approve the transfers to reserves as presented. Carried. 3. A.A.M.D.&C. -Workshop Registrations ~• The Convention Workshop Registration was completed and will be forwarded to A.A.M.D.&C. `~~~ .... 4. Burnin~~ Permit Books -Purchasing Moved by Councillor Daniels that we continue to purchase the Burning Permit Books. Carried. 5. Review Bylaw 968-88 Administration is to review Bylaw 968-88 and bring changes back to Council. 8. Post Agenda Items I. Seniors Outreach Society A letter from the Seniors Outreach Society, with regard to a billing for mileage related to Life Line installations and maintenance for County of Newell residents was presented to Council. Moved by Councillor Steinbach that we approve payment of this and future invoices with regard to Life Line installations for County residents. Carried. March O5, 1998 Page 38 2. Newell Mini-Bus -Costs to Bassano Administration presented a 1997 Cost Breakdown for the Newell Mini-Bus with costs estimates for travelling to Bassano. Moved by Councillor Loewen that these costs, including a depreciation cost, be sent to the Town of Bassano. Carried. Lunch Council recessed for lwich from 12:05 p.m. to 1:30 p.m. 9. In Camera Moved by Councillor Stobbs that we move in camera. Carried. Moved by Councillor Fabian that we move out of camera. Carried. 10. Committee Reports Municipal 1. Champion Grader WarrantX The Finance Officer presented information on the cost of repairs to two graders in the first five years of operation. Moved by Councillor Daniels that we do not purchase the extended warranty for the new Champion Grader. Carried. 2. Grader Leasing Costs The Public Works Supervisor presented costs related to leasing a grader. Moved by Co~~ncillor Fabian that we purchase a second Champion Grader this year. Defeated. 3. Texas Gate E.I.D. Bylaw TG 49-98 Moved by Councillor Harbinson that Bylaw TG 49-98, being a bylaw to allow the E.I.D to install a texas gate at SW 1-17-12-4, receive first reading. Carried. March O5, 1998 Page 39 Moved by Councillor Loewen that Bylaw TG 49-98 receive second reading. Carried. Moved by Councillor Fabian that Bylaw TG49-98 receive consent of Council for third and final reading. Carried Unanimously. Moved by Councillor Steinbach that Bylaw TG 49-98 receive third reading. Carried. 4. Wane Daniels -Report Councillor Daniels presented his report to the Public Works Department from the Municipal Committee. Moved by Councillor Daniels that this report be given to the Public Works Department. Carried. MPC 1. Amendment to Land Use Bylaw -General Commercial District /Public Moved by Councillor Fabian that we amend the Land Use Bylaw # 1004-90 as follows: `° i . by deleting Section 66 (Public-Waste Transfer Site District) and Section 67 (Public- Solid Waste Management District); 2. to include a P-US -Public Utility Service District as shown in Attachment 1 of the Development Control Officer's Report as Section 66; and 3. to include a GC -General Commercial District as shown in Attachment 2 of the Development Control Officer's Report as Section 67. Moved by Councillor Loewen that the following be deleted from the Public -Utility Service District: "These facilities include, but are not limited to, the following: Abandoned municipal landfill SW 1/4 18-14-W4M Regional Land Fill S '/2 34-19-15-W4M Town of Brooks Sewage Lagoons S % 36-18-14-W4M Town of Brooks Airport SE 1/4 30-19-14-W4M One Tree Reservoir Town of Brooks Municipal Landfill SE 1/4 17-18-14-W4M". Carried. March O5, 1998 Page 40 Vote on original motion. Carried. Moved by Councillor Baksa that Bylaw 1240-98, being a bylaw to amend Land Use Bylaw 1004-90 to include a General Commercial District and a Public Utility Service District, receive first reading. Carried. 2. Amendment to Land Use Bylaw -Agricultural to Light Industrial SE 1/4-18-19-14-W4 - Leveque Phil Moved by Councillor Fabian that we approve this land use change from Agricultural to Light Industrial in SF., 1/4 18-19-14-W4. Carried. Moved by Councillor Baksa that Bylaw 1241-98, being a bylaw to amend Land Use Bylaw 1004-90 to change SE 1/4 18-19-14-W4 from Agricultural to Light Industrial, receive first reading. Carried. 3. 98 NL 02 - NE 22-20-14-W4 - Rommens Adrian & Margaret Moved b Councillor Scheuerman that we a rove this subdivision subject to the y pp ~ applicant meeting ali requirements of the Eastern Irrigation District with respect to the conveyance of water and subject to the applicant removing the access north of the proposed parcel and directly south of the drainage ditch as this access is not up to County standards and has a sight vision problem. Carried. 4. 98 NL 03 - Pt. SE 7-19-13-W4 -Rasmussen Svend & Geor anne Moved by Councillor Baksa that we approve this subdivision, waiving Section 49.6 of the Land Use Bylaw regarding a habitable residence on the property, subject to the applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water; subject to the applicant entering into an agreement with the County of Newell for the installation of any required accesses for the proposed and remnant parcels; and subject to payment of money in-place-of municipal reserve in tl~e amount of $1,750.00, being 10% of the existing market value of the land. Excused from Meeting Councillor Steinbach excused herself from the meeting at 4:20 p.m. Vote on motion. Carried. March O5, 1998 Page 41 5. 98 NL 04 - SE 3-20-14-W4 - McCuaig, Donald & Ruby Moved by Councillor Scheuerman that we approve this subdivision subject to the applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water; subject to the applicant entering into an agreement with the County of Newell for the installation of an access for the remnant parcel; and subject to the registration of a caveat for the dedication of 5 metres on the south side of the proposed and remnant parcels for future road widening to be purchased at a rate that is consistent with County policy at that time. Carried. 6. 98 NL OS -Lot 3 Block l Plan 8710064 - Dahlbilt Ltd. Moved by Councillor Baksa that we approve this subdivision subject to the applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water; subject to the applicant entering into an agreement with the County of Newell for the installation of any required accesses for the proposed and remnant parcels; and subject to payment of money in-place-of municipal reserve in the ~~ amount of $1,175.00, being 10% of the existing market value of the land and adjusting ,~'~` the existing deferred reserve caveat on the SE 31-20-14-W4 accordingly. Carried. 7. 98 NL 06 - SW 6-19-13-W4 -Shiloh Lands Ltd. Moved by Councillor Fabian that we approve this subdivision subject to the applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water and subject to the applicant entering into an agreement with the County of Newell for the installation of an access for the remnant parcel. Carried. 8. 98 NL 07 - NE 18-16-13-W4 -Schneider. Garrv Moved by Councillor Scheuerman that we approve this subdivision subject to the applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water; subject to the applicant entering into an agreement with the County of Newell for the installation of any required accesses for the proposed and remnant parcels; subject to payment of money in-place-of municipal reserve in the amount of $1,650.00, being 10% of the existing market value of the land; and subject to the registration of a caveat for the dedication of 5 metres on the east side of the proposed and remnant parcels for future road widening to be purchased at a rate that is consistent with County policy at that time. Carried. March O5, 1998 Page 42 9. Town of Brooks -Land Use Bvlaw Amendment Moved by Councillor Baksa that we send the letter dealing with the size of their Direct Control District, to the Town of Brooks as presented. Carried. Returned to Meeting Councillor Steinbach returned to the meeting at 4:40 p.m. 10. Right to Farm Ordinance Moved by Councillor Fabian that we adopt the Right to Farm Ordinance Resolution as follows: WHEREAS farming is a major industry in the County of Newell and the Province of Alberta; and, j, : ~~ WHEREAS, a need exists to continue farming and farm operations in accordance with ~~ enerall acce ted mana ement ractices now therefore g Y P g P > BE IT HEREBY RESOLVED that the Council of the County of Newell adopts the following "Right to Farm in the County of Newell Resolution": Section 1. Definitions: (i) "Farm" means the land, buildings, and machinery used in the commercial production of farm products. (ii) "Farm Operation" means a condition or activity which occurs on a farm in connection with the commercial production of farm products, and includes, but is not limited to, marketed produce at roadside stands or farm markets; noise; odours; dust; fumes; operation of machinery and irrigation pumps; ground and aerial seeding and spraying; the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides and associated drift of such materials; and the employment and use of labour. (iii) "Farm Product" means those plants and animals useful to human beings and includes, but is not limited to, forages and sod crops, grains and feed crops, dairy and dairy products, poultry and poultry products, livestock, including breeding and grazing, fruits, vegetables, flowers, seeds, grasses, trees, fish, apiaries, equine and other similar products, or any other product which incorporates the use of food, feed, fibre, or fur. March O5, 1998 Page 43 (iv) "Generally Accepted Agricultural and Management Practices" means those historic practices and those practices as defined by the Province of Alberta Department of Agriculture, Food and Rural Development, and other professional and industry agricultural organizations. (v) "Person" means an individual, corporation, partnership, association, or other legal entity. Section 2. A farm operation shall not be found to be a public or private nuisance if the farm or farm operation conforms to generally accepted agricultural and management practices. Section 3. A farm or faun operation shall not be found to be a public or private nuisance if the farm or farm operation existed before a change in the land use or occupancy of adjacent land or other land in the general area. Section 4. Farm operations shall not be restricted to time of day or day or days of the week, but shall be conducted according to generally accepted agricultural and management practices. Section 5. A farm operation shall not be found to be a public or private nuisance when conducted according to generally accepted management practices when in turn these practices may be subject to varying conditions which include but are not limited to: geographical location, weather, soil types and conditions, type of crop or livestock and management systems. Section 6. During any spraying operations, farmers may post County approved caution signs on County rights-of--way that read "Caution Spraying in Progress". Section 7. This resolution should not be construed to compromise existing County, Provincial and Federal Laws. Carried. 1 I . Review of Intensive Livestock Operations Regulations County Planner Gord Shaw presented a review of Intensive Livestock Operations Regulations to Council. This item is to be brought to the next meeting. March O5, 1998 Page 44 Moved by Councillor Fabian that we instruct the Planner to prepare a draft declaring the County, and / or portions thereof; as an Agricultural Zone(s). Carried. Business from Minutes (cont'd) 10 Airport Commission Moved by Councillor Harbinson that this item be lifted from the table. Carried. Vote on the tabled motion which read: "Moved by Councillor Harbinson that a letter be sent to the Airport Commission stating that we already have given a donation and that although we appreciate the airport, if they need more funding, they should consider raising their rates". Carried. Post Agenda Items (cont'd) 3. Agenda Items for Town and County Joint Meeting The following items are to be put on the agenda of the Town and County Joint Meeting: Regional Landfill, Town of Brooks Direct Control District, Inter-Municipal Planning, Tillebrook Park, and the Partnership Program. 4. Rod Hansen -Holiday Extension Administration presented a request from Public Works Supervisor for a holiday extension. Moved by Councillor Daniels that we approve the request of Rod Hansen for a holiday extension. Carried. 5. Meeting with Vulcan at Convention Moved by Councillor Baksa that we meet with the County of Vulcan at the Spring Convention. Carried. 6. John Dell -Attendance at Assessor Convention - Apri120 - 24 1998 Administration presented a request from John Dell to attend the Assessor Convention from April 20 - 24, 1998. Moved by Councillor Harbinson that John Dell be permitted to attend the Assessor Convention. Carried. March O5, 1998 Page 45 7. Emerson Park Lease Agreement Moved by Councillor Baksa that the term of the Emerson Park Lease Agreement be changed to April 15 to October 15. Carried. Moved by Councillor Scheuerman that we purchase the necessary paint for the upkeep of Emerson Park.. Carried. 8. Rainier Water Svstem Moved by Councillor Stobbs that we approve a 5 year debenture for the Rainier Water System. Carried. 9. Scandia Water Plant Power Pole Administration was directed to contact Public Works, TransAlta and Malden Electric and inform them that we will not be installing underground power at the Scandia Water ` ~ff, Plant. 9f 10. Shop Lead Hand Moved by Councillor Steinbach that we move in camera. Carried. Moved by Councillor Loewen that we move out of camera. Carried. Moved by Councillor Daniels that we allow the Shop Foreman to appoint the incumbent as Temporary Lead Hand whenever he so chooses because on September S, 1995 the Municipal Committee appointed this incumbent as Shop Lead Hand. Defeated. Moved by Councillor Loewen that a letter be sent to the incumbent explaining that during negotiating the Shop Lead Hand position was negotiated out and a Temporary Lead Hand position was negotiated in. The contract was ratified by C.U.P.E. Local 1032 & County Council, therefore any Lead Hand positions are temporary as assigned by a Supervisor or Foreman when they deem it necessary in their absence. Carried. March O5, 1.998 Page 46 1 1. Package for Press Administration was instructed to make one complete agenda package to be placed on the table for the press. 10. Treasurer's Report The Treasurer's Report was not available. 1 1. Cheques for Payment Moved by Councillor Loewen that Cheques #1601 - #1615 and #1651 - #1679 in the amount of $73,873.44 be approved for payment. Carried. Committee Reports (cont'd) ` "' ~ Urban Fringe ~-~ Councillor Baksa gave this report. Salary Ne otg iating Committee This item was dealt with in camera. Landfill Councillor Daniels gave this report. Medicine Hat College The County Administrator gave a brief report on the Business Administration Course offered at the Brooks Campus. March O5, 1998 Page 47 13 I4 15 Question Period/Notice of Motion A question period took place. Information Items l . A.A.M.D. & C. -Contact 2. Newell Mini-Bus Report Adjourn Moved by Councillor Stobbs that the meeting adjourn at 6:05 p.m. Carried. _ ~ REEVE COUNTY ADMINISTRATOR March O5, 1998 Page 48