Loading...
HomeMy WebLinkAbout1999-09-09 Council (Regular) MinutesCounty of Newell No. 4 Minutes of Council Meeting September 9, 1999 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, September 9, 1999 commencing at 10:00 a.m. Members Present Reeve W. Daniels Councillors V. Fabian E. Stobbs J. Harbinson R. Steinbach M. Loewen A. Eckert M. Douglass C. Baksa Administrator M. Bowen 1. Excused from Meeting Moved by Councillor Loewen that Councillor Berg be excused from this meeting. Carried. 2. Official Oath -Division 8 Councillor The Official Oath was given to the Division 8 Councillor, A. Eckert. 3. Minutes • 1) Council Minutes -August 19, 1999 Minutes of the August 19,1999 meeting were presented. Moved by Councillor Fabian that we adopt the minutes as circulated. Carried. 2) Public Hearing Minutes (21-August 19, 1999 Minutes of the August 19, 1999 Public Hearings were presented. Moved by Councillor Douglass that we adopt the minutes as circulated. Carved. September 9, 1999 Page 170 4. Call for Post Agenda Items The Reeve called for post agenda items. 5. Adoption of A enda Moved by Councillor Stobbs that we adopt the agenda as amended. Carried. 6. Business from Minutes 9-MUN-1 Scott & Leza Sewell -Closure and Sale of Road Within S %2 of 23-20-13-W4 -Road Plan 3233 BM This item was not lifted from the table. 11 By-law 1269-98 -Land Use Amendment Add Agricultural Intensive Land Use District This item was not lifted from the table. 12 By-law 1271-99 -Area Structure Plan Portion of Section 12-18-15-W4 This item was not lifted from the table. 7-4 Dog Control By-law Administration gave an up-date on this item. ' 10-6 Bassano/Empress CPR Line (Tabled) Moved by Councillor Harbinson that this item be lifted from the table. Carried. Vote on the motion. Defeated. September 9, 1999 Page 171 - Moved by Councillor Steinbach that we invite the Bassano/Empress Railway Committee to attend the next meeting. Carried. 7. Correspondence 1. Brooks Rural Fire Protection Association -Fire Requisition Increase A letter from the Brooks Rural Fire Protection Association requesting a fire requisition increase was presented to Council. Moved by Councillor Baksa that we proceed with the necessary advertising in this regard. Carried. 2. Alberta Environment -Water Management South Saskatchewan River Basin A letter from Alberta Environment regarding the South Saskatchewan River Basin was presented to Council. Moved by Councillor Fabian that Councillors Douglass & Steinbach be our representatives to this Committee. Carried. 3. Diabetes Association -Diabetes Month A letter from the Diabetes Association regarding Diabetes Month was presented to Council. Moved by Councillor Stobbs that we proclaim the month of November as Diabetes Month. Carried. 4. James Westwood -Request for Doi Control -Johnson Subdivision A letter from James Westwood requesting dog control in the Johnson Subdivision was presented to Council. Moved by Councillor Baksa that we circulate a questionnaire to the residents of the Johnson Subdivision in the same manner as we did with the • Patricia residents and also that we contact Mr. Westwood advising him that he will have to hand deliver these questionnaires. Carried. 5. Eastern Im~ation District -Ground Water Condition at Bantry Bay A letter from the Eastern Irrigation District suggesting that the E.I.D. and the County partner in sinking a ground water bore hole on the E.I.D. right-of--way at the Bantry Bay Headgates to ensure that there is no pollution from this development seeping into ._~ September 9, 1999 Page 172 the waters of Lake Newell, was presented to Council. Moved by Councillor Harbinson that we proceed with this joint venture with the E.I.D. and that the costs of this testing be taken from the Municipal Surplus Reserve this year and that it be budgeted to be replaced in the 2000 budget. Carried. 8. Other Business 1. November Council Meeting Date Change Moved by Councillor Stobbs that the November Council Meeting be changed to November 10`'' due to November 11`"being Remembrance Day. Carried. 2. Newell Regional Solid Waste Management Authority Ltd. Application for Farmstead Trees Moved by Councillor Stobbs that the County apply for trees on behalf of the Newell Regional Solid Waste Management Authority Ltd. and advise them that any cost to the County will have to be reimbursed by the Newell Regional Solid Waste Management Authority. Carried. 3. Proposed Emerson Park Lease Agreement A proposed Emerson Park Lease Agreement was presented to Council. Moved by Councillor Douglass that we add a section regarding insurance to this Lease Agreement. Carried. Moved by Councillor Loewen that we send a copy of this revised Lease Agreement to our Lawyer for review and asking specifically how Clause 5 would affect the County of Newell. Carried. 4. 1999 Tax Sale -Proposed Date: Wednesday December 15 1999 - 2.00 ~m Moved by Councillor Baksa that the 1999 Tax Sale be held on Wednesday, December 15, 1999 commencing at 2:00 p.m. Carried. September 9, 1999 Page 173 9. By-law 1286-99 The Administrator advised that Ministerial approval has been received on By-law 1286-99, being a By-law to close and sell that portion of road allowance E of SE 5-22- 12-4 and that portion of Road Plan 3211 B.Z. which lies within the SE 5-22-12-4. Moved by Councillor Douglass that By-law 1286-99 receive second reading. Carried. Moved by Councillor Harbinson that By-law 1286-99 receive third reading. Carried. 10. By-law 1297-99 -Records Disposal By-law 1297-99, being a By-law for the Disposition of Records, was presented to Council. Moved by Councillor Loewen that By-law 1297-99 receive first reading. Carried. Moved by Councillor Douglass that By-law 1297-99 receive second reading. Carried. Moved by Councillor Stobbs that consent of Council be given for third and final reading of By-law 1297-99. Carried Unanimously. Moved by Councillor Harbinson that By-law 1297-99 receive third reading. Carried. 11. Post Agenda Items 1. Treasurer's Report Moved by Councillor Fabian that the Treasurer's Report for August be approved. Carried. 2. Town of Brooks -Regional Forensic Identification Unit Administration presented a letter from the Town of Brooks regarding the possibility of the elimination of this Unit in our area. Council referred this to the R.C.M.P. delegation to obtain further information regarding this possible closure. September 9, 1999 Page 174 3. Review Meeting 12. Moved by Councillor Fabian that a Review Meeting beheld on September 14, 1999 at 10:00 a.m. Carried. Committee Reports A.S.B. Councillor Loewen gave this report. She also advised Council on the Regional Conference, asked who was planning to attend and whether there were any resolutions to submit. Foothills Little Bow Association Councillor Loewen gave this report. Regional Landfill Reeve Daniels gave this report. Urban Fringe Councillor Baksa gave this report and advised that the next meeting is September 15, 1999 commencing at 1:30 p.m. at the County Office. M.P.C. 1. Subdivision 99 NL 021 - Pt. NW 10-15-13-4 -Div. 1 Corah James -Boundary Adjustment Moved by Councillor Baksa that we approve Subdivision Application 99 NL 021 subject to the subdivision being by plan which includes the area identified as "A" being 2505.185 mz; subject to the areas identified as "B" and "C" being 621.35 mz being consolidated with the remainder of the NW 10-15-13-W4; 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 the registration of a caveat for the dedication of 5 metres along the westerly boundary of the proposed and remnant parcels for future road widening to be purchased at a rate that is consistent September 9, 1999 Page 175 with County Policy at that time; subject to the deferred reserve caveat on the NW 10- 15-13-W4 (Title Number 861 112 582) being continued after the consolidation of Parcels "B" and "C"; and subject to the applicant entering into the necessary agreements with the Eastern Irrigation District for the conveyance of water to the proposed and remnant parcels. Carried. Moved by Councillor Baksa that we move into camera. Carried. Moved by Councillor Douglass that we move out of camera. Carried. 2. Permit # 1993 - Pt. SW 12-19-15-4 -Div. 5 C1earNet Inc. -Telecommunications Tower Councillor Fabian declared a pecuniary interest in this item and left the Council Chambers at 11:55 a.m. Discussion took place on the above-noted Permit. -~ Intermunicipal Planning Commission Councillor Baksa gave this report. Lunch Council recessed for lunch from 12:00 noon to 1:30 p.m. Councillor Fabian returned to the Council Chambers. 13. Delegation - R.C.M.P. Staff Sergeant Greg Lynch, of the Brooks R.C.M.P. detachment, was in attendance at the meeting. Councillor Harbinson, Chairman of the Municipal Committee, asked Staff Sergeant Lynch to give us an up-date regarding the possible elimination of the September 9, 1999 Page 176 Regional Forensic Identification Unit. Staff Sergeant Lynch replied that, as of last night, the consensus was that this would remain in the Brooks area. Concerns were also expressed regarding the amount of time the rural officers are spending in the County. 14. Public Hearing -Greenwald Inlet Area Structure Plan - Pt. 6 & 7-18-14-W4 Moved by Councillor Douglass that we recess for the Public Hearing at 2:00 p.m. Carried. The meeting reconvened at 3:35 p.m. 15. By-law 1295-99 Moved by Councillor Loewen that By-law 1295-99, being a By-law to adopt the Greenwald Inlet Area Structure Plan in Pt. of 6 & 7-18-14-4, receive second reading. Carried. Moved by Councillor Baksa that By-law 1295-99 receive third reading. Moved by Councillor Loewen that the By-law be amended to incorporate the suggestions of the Planner, Gord Shaw, put forward on July 5, 1999 regarding the legal description of the subject area, the land use areas, the future Area Structure Plan, oil & gas facilities, language of the document, and his specific comments on Pages 6, 7 & 11. Vote on the amendment -Carried. Moved by Councillor Douglass that third reading be tabled. Carried. Committee Reports (Cont'd.) Municipal The proposed County/E.I.D. Drainage Policy, which was referred from the Municipal Committee, was presented to Council. Moved by Councillor Harbinson that eve adopt this Policy. Carried. September 9, 1999 Page 177 16. Cheques for Payment Moved by Councillor Douglass that Cheques #4923 - 5136, in the amount of $1,375,461.84, and Direct Debit Register Batches #4484, 4493 & 4505, in the amount of $4,652.14, be approved for payment. Carried. 17. In Camera Moved by Councillor Stobbs that we move into camera. Carried. Moved by Councillor Steinbach that we move out of camera. Carried. Moved by Councillor Eckert that Administration send a letter to Bob & Linda Bergen including a new offer on the road encroaching on their property, with the offer to be in accordance with instruction from Council. Carried. 18. Question Period/Notice of Motion ~~ The Administrator advised that the Organizational Meeting will be held on October 19, 1999 commencing at 10:00 a.m. The Administrator also advised that a County credit card will be acquired to reserve rooms on behalf of Council. 19. Information Items There were no information items. 20. Adjourn Moved by Councillor Stobbs that the meeting adjourn at 4:20 p.m. Carried. REEV ADMIl~IISTRATOR September 9, 1999 Page 178 County of Newell No. 4 Minutes of Public Hearing September 9, 1999 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, September 9, 1999 commencing at 2:00 p.m.. Members Present Reeve W. Daniels Councillors V. Fabian E. Stobbs J. Harbinson R. Steinbach M. Loewen A. Eckert M. Douglass C. Baksa Administrator M. Bowen Planner G. Shaw The Reeve opened the Public Hearing at 2:00 p.m. There were approximately 20 members of the public in attendance. The Public Hearing dealt with Bylaw 1295-99, being a bylaw to adopt an Area Structure Plan for those portions of Sections 6 & 7-18-14-4, known as the Greenwald Inlet Area Structure Plan. The Reeve advised those present of the procedure that would be followed for the Hearing. A request was made from Heather Ferguson, of EnviroConsult Inc., to have an extension on the time as she was representing a number of individuals. The Reeve advised that this would be put to a vote of Council and, if Ms Ferguson was allotted the time, the applicant would be allotted extra time as well. He put a vote to the table as to whether Council wished this procedure to be followed. Carried Unanimously. The Reeve asked for comments from the applicant. Rod Potrie gave an overview of the proposed Area Structure Plan and showed Council the studies that have been done to date. The Reeve then asked if anyone else wished to speak in favour of the Area Structure Plan. Herb Wetteskind, who owns property at Bantry Bay, agreed with the proposed Area Structure Plan and feels that the developers are meeting all of the criteria necessary for this Area Structure Plan. Ed Hildebrandt, representing the E.I.D., advised that the E.I.D. feels this is an appropriate place for development and stated that the E.I.D. retains aright-of--way around the complete Lake. The Reeve asked Council if they had any questions of any of the speakers in favour of the development . The Reeve then called for those wishing to speak against the Area Structure Plan. Heather Ferguson advised that she was representing approximately 643 people. Concerns brought forward by Ms. Ferguson included the environmental significance. They feel that an Environmental Impact Assessment should be done regarding a wildlife endangered species and that this should be a full investigation. She also inquired as to having a rare plant study done in this area. Water quality was another concern brought forward, along with hazardous materials contamination. She feels the land use issues for this Area Structure Plan are contrary to the goals identified in the County Municipal Development Plan. The Reeve advised Heather Ferguson that the list of individuals she was representing was not a new list but was a list of names gathered for the previous Area Structure Plan where the sewage pipeline was to go under the Lake and voiced his displeasure regarding this list. The Reeve asked for anyone else speaking in opposition of this Area Structure Plan. Karen Rose presented her views regarding concerns on this Area Structure Plan on behalf of Pam Steele, of Cassils. A letter from J.F. & M.S. Carmichael, of Abbotsford, B.C., was read regarding their concerns on fencing as their property is adjacent to this proposed area. The Reeve asked if Council had any questions of those speaking against the proposed Area Structure Plan. The Reeve then gave the developers the opportunity for rebuttal. Deep Shergill, President of H. Jager Developments Inc., presented the rebuttal. He advised that the present Area Structure Plan had the sewage line going around the lake. He also advised that any development would have some impact on the environment but stated that-this can be both positive and negative. He presented his position for this proposed Area Structure Plan. David Scobie, President of the Avocet Envirorunental Inc., on behalf of H. Jager Development, presented information regarding environmental studies and findings that have been done over the past years in this area. Council was then given the opportunity to ask further questions. There being no further discussion, it was moved by Councillor Harbinson that the Public Hearing adjourn at 3:25 p.m. Carried. REEVE .•-~~. COUNTY ADMI1~tISTRATOR 18. Adjourn Moved by Councillor Stobbs that the meeting adjourn at 3:40 p.m. Carried. ,~ ~,C'~' EV .~ ADMINISTRATOR September 23, 1999 Page 187