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Home My WebLink About1999-04-08 Council (Regular) Minutes•-~ County of Newell No. 4 Minutes of Council Meeting April 08, 1999 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, Apri108, 1999 commencing at 10:00 a.m. Members Present Reeve W. Daniels Councillors V. Fabian N. Berg E. Stobbs J. Harbinson R. Steinbach M. Loewen B. Scheuerman M. Douglass C. Baksa Administrator M. Bowen Recording Secretary P. Hoffman 1. V~ Excused from Meetine J All members were in attendance at this meeting. 2. Minutes 1) Council Minutes -March 25, 1999 Minutes of the March 25'h, 1999 meeting were presented. Moved by Councillor Fabian that we adopt these minutes as corrected. Carried. 3. Call for Post Agenda Items The Reeve called for post agenda items. 4. Adoption of A e~ nda Moved by Councillor Baksa that we adopt the agenda as amended. Carried. ~ .... April 08, 1999 Page 65 5. Business from Minutes 10-MPC-7 Street Sians for Hamlets and Subdivisions This item will be brought to a future meeting. 10-5 Brooks Landfill Agreement This item was not lifted from the table. 9-MUN-1 Scott & Leza Sewell -Closure and Sale of Road Within S %2 of 23-20-13-W4 -Road Plan 3233 BM Moved by Councillor Berg that the following motion be lifted from the table: "Moved by Councillvr Berg that we appr~we the request of ~,Sc~~[t & Lezu .Sewell for the closure and sale of lhcrl portion of road within S'/_~ of 23-2~-13-W~ -Road Plan 3233 BM." Carried. Moved by Councillor Berg that we table this motion. Carried. 7-1 Stewart Neely -Road Closure and Sate Road Plan 3211BZ _ SE 5-22-12-W4 and Road Allowance E of SE 5-22-12-W4 '{ Tltis item will be brought to the next meeting. 11 Bylaw 1269-98 -Land Use Amendment Add Agricultural Intensive Land Use District ' This item was not lifted from the table. 12 Bylaw 1271-99 -Area Structure Plan Portion of Section 12-18-15-W4 This item was not lifted from the table. i 1-POL-4 County Intermunicipal Planning Commission -Bylaw 1278-99 This item will be brought to the next meeting. April 08, 1999 Page 66 .-. I1-DIS-1 Y2K The Administrator presented, as information to Council, letters from Telus Mobility and Cactus Communication with regard to Y2K compliance. 7-3 Bassano RCMP Detachment -Police/Community Partnership Input 1999 Council reviewed and prioritized a list of items for the Bassano RCMP Detachment, with regard to Police/Community Partnership Input 1999. 6. Correspondence 1. Workers' Compensation Board -Day of Mourning A letter from the Works' Compensation Board, with regard to a Day of Mourning, was presented to Council. Moved by Councillor Stobbs that, as per the request of the Kam. Workers' Compensation Board, we declare April 28`h, 1999 as a Day of Mourning. ~T' Carried. .... ~ 7. Other Business 1. SE 29 & SW 28-21-14-W4 -Garbage on Road A memo from Agricultural Fieldman Steve Wylie, with regard to garbage on the road allowance located at SE 29 & S W 28-21-14-W4, was presented to the committee. This item will be brought back when more information has been received. 2. Brooks Rural Fire Protective Association -Requisition Increase A letter from the Brooks Rural Fire Protective Association, requesting a requisition increase of $10,000, was presented to Council. Moved by Councillor Harbinson that we deny this request as it was received too late to be advertized in time for budget approval. Carried. 8. 1999 Budget The proposed 1999 Budget was presented to the Committee. r-- April 08, 1999 Page 67 1. 1999 Municipal Operatin~~Budget Moved by Councillor Loewen that we approve the 1999 Municipal Operating Budget as presented. Councillor Douglass requested a recorded vote. For Division 1 Division 2 Division 3 Division 4 Division 6 Division 7 Division 8 Division 10 Against Division 5 Division 9 Carried. Reeve Daniels Councillor Fabian Councillor Berg Councillor 5tobbs Councillor Steinbach Councillor Loewen Councillor Scheuerman Councillor Baksa Councillor Harbinson Councillor Douglass Councillor Harbinson requested it be recorded that he voted against the motion to approve the budget due to the short notice given to review the budget and the manner in which it was presented. 9. Dele atg_ ions 1. Ron Van Buskirk - Cerval Intesrated Energ~y Services Ron Van Buskirk was in attendance to present information on the rural piping of ' water. Moved by Councillor Fabian that we abandon the idea of a County water pipeline. Defeated. Lunch Council recessed for lunch from 11:50 a.m. to 1:15 p.m. Excused from Meeting Moved by Councillor Berg that Councillor Fabian be excused until later in the meeting. Carried. ..~,,.. April 08, 1999 Page 68 10. Post Agenda Items r- 1. Letter from Safety Committee A letter from the Safety Committee, regarding the County paying for prescription safety glasses for County employees wearing glasses, was presented to Council. Moved by Councillor Berg that we deny this request. Carried. Returned to Meeting Councillors Douglass and Steinbach returned to the meeting from the lunch recess at 1:20 p.m. 2. Brooks & County Tourism Booklet The Administrator presented a request from the Brooks Bulletin for the County to advertize in their Brooks & County Tourism Booklet and advised the Reeve that they would like a greeting from him in the Booklet. Moved by Councillor Baksa that the c,~,` County purchase a full page colour advertisement in this Tourism Booklet. Carried. ~~, .'r .... ~- 1999 Budget (cont'd) 2. 1999 Total Budget Moved by Councillor Loewen that we approve the 1999 County Total Budget as presented. Councillor Douglass requested a recorded vote. For Division 1 Division 3 Division 4 Division 6 Division 7 Division 8 Division 10 Against Division 5 Division 9 Carried. Reeve Daniels Councillor Berg Councillor Stobbs Councillor Steinbach Councillor Loewen Councillor Scheuerman Councillor Baksa Councillor Harbinson Councillor Douglass The Councillor for Division 2, Councillor Fabian, was absent. ~-~- April 08, 1999 Page 69 3. )flaw 1285-99 -Tax Rate Moved by Councillor Baksa that Bylaw 1285-99, being a bylaw to authorize the various rates of taxation for various purposes in the year 1999, receive first reading. Carried. Moved by Councillor Berg that Bylaw 1285-99 receive second reading. Carried. Moved by Councillor Loewen that consent be given to proceed with third and final reading of Bylaw 1285-99. Defeated. 4. B~aw 1281-99 - Shortsrass Regional Library (1998) Moved by Councillor Stobbs that Bylaw 1281-99, being a bylaw for the purpose of including Divisions 5 and 10 into the Town of Brooks Municipal Library and Shortgrass Regional Library, receive first reading. Carried. Moved by Councillor Baksa that Bylaw 1281-99 receive second reading. Carried. _ Moved by Councillor Berg that consent be given to proceed with third and final `~ reading of Bylaw 1281-99. Carried Unanimously. Moved by Councillor Loewen that Bylaw 1281-99 receive third and final reading. Carried. 5. Bvlaw 1282-99 -Shortgrass Regional Library (1999) Moved by Councillor Berg that Bylaw 1282-99, being a bylaw for the purpose of including Divisions 5 and 10 into the Town of Brooks Municipal Library and Shortgrass Regional Library, receive first reading. Carried. Moved by Councillor Loewen that Bylaw 1282-99 receive second reading. Carried. Moved by Councillor Baksa that consent be given to proceed with third and final reading of Bylaw 1282-99. Carried Unanimously. April 08, 1999 Page 70 ,,... Moved by Councillor Stobbs that Bylaw 1282-99 receive third and final reading. Carried. 6. Bylaw 1283-99 -Fire Area Tax Rate Moved by Councillor Stobbs that Bylaw 1283-99, being a bylaw to set up tax rates or requisitions to be charged for various Fire Areas, receive first reading. Carried. Moved by Councillor Berg that Bylaw 1283-99 receive second reading. Carried. Moved by Councillor Baksa that consent be given to proceed with third and final reading of Bylaw 1283-99. Carried Unanimously. .~ .... Moved by Councillor Douglass that Bylaw 1283-99 receive third and final reading. Carried. r- 7. Bylaw 1284-99 -Recreation Area Tax Rates Moved by Councillor Berg that Bylaw 1284-99, being a bylaw to set up tax rates or requisitions to be charged for various Recreation Areas, receive first reading. Carried. Moved by Councillor Harbinson that Bylaw 1284-99 receive second reading. Carried. Moved by Councillor Steinbach that consent be given to proceed with third and final reading of Bylaw 1284-99. Carried Unanimously. Moved by Councillor Stobbs that Bylaw 1284-99 receive third and final reading. Carried. Apri108, 1999 Page 71 Post Agenda Items (cont'd) 3. Meeting at Duchess - RE: Empress - Bassano CPR Rail Line The Administrator and Councillors Douglass, Loewen, Berg, Steinbach and Baksa reported on the meeting held in Duchess on April 6`h,1999 with regard to the Empress - Bassano CPR rail line. Returned to Meeting Councillor Fabian returned to the meeting at 1:50 p.m. Meeting at Duchess - RE: Empress - Bassano CPR Rail Line (cont'd) Moved by Councillor Baksa that the County facilitate the purchase of the Empress- Bassano CPR Rail Line within the County of Newell subject to all costs being borne by the individual property owners involved; where possible, all land being consolidated back into the quarter it was taken from; and that the County receive a commitment from the adjacent landowners to purchase all the land not required by the County. Moved by Councillor Baksa that this motion be postponed until later in the meeting. Carried. 11. Public Hearings 1. Bylaw 1274-99 Dave Penner N %2 5-19-IS-W4 - Agricultural to Country Residential Moved by Councillor Loewen that we recess for the Public Hearing at 2:07 p.m. Carried. The meeting reconvened at 3:07 p.m. 12. Bylaws 1. Bylaw 1274-99 Moved by Councillor Scheuerman that Bylaw # 1274-99, being a bylaw to amend Land Use Bylaw #1004-90 so that part of N ''/z-5-19-15-W4 be amended from A - Agricultural District to CR -Country Residential District, receive second reading. Defeated. April 08, 1999 Page 72 ,~ Public Hearings (cont'd) 2. Bylaw 1275-99 Agricultural Industrial District Moved by Councillor Baksa that we recess for the Public Hearing at 3:22 p.m. Carried. The meeting reconvened at 3:34 p.m. Bylaws (cont'd) 2. Bylaw 1275-99 Moved by Councillor Loewen that Bylaw 1275-99, being a bylaw to amend Bylaw #1004-90 to include an AI-Agricultural Industrial District, receive second reading. (~~ Moved by Councillor Loewen that this motion be tabled. Carried. ~~ Post Agenda Items (cont'd) ~'` 3. Meeting, at Duchess - RE: Empress -Bassano CPR Rail Line (cont'd) Vote on motion which reads "Moved by Councillor Baksa that the County facilitate the purchase of the Empress-Bassano CPR Rail Line within the County of Newell .subject to all costs being borne by the individual property owners involved; where possible, all land being consolidated back into the quarter it was taken from; and that the County receive a commitment from the adjacent landowners to purchase all the land not required by the County. "Carried. Left Meeting Councillor Fabian left the meeting at 3:47 p.m. 4. Disaster Services Moved by Councillor Baksa that the Director of Disaster Services approve a letter, regarding insurance, for insertion in the tax notices. Carried. !^ April 08, 1999 Page 73 Returned to Meetins Councillor Fabian returned to the meeting at 3:53 p.m. 5. Municipal 2000 Sponsorship Program Councillor Steinbach reported that the Town of Bassano would be interested in partnering a Municipal 2000 Sponsorship Program with the County. She was informed that the County has already designated their program funds to specific projects. 6. Alberta Permit Pro This item will be brought to the next meeting. 7. IBP Packing Plant Councillor Scheuerman presented copies of letters to Alberta Environmental Protection opposing Lakeside's application 007-287 for the sprinkling of effluence. 8. Property in Rolling Hills This item will be brought to the next meeting. 9. Fire Permits A concern was expressed that a resident was not allowed to burn his alfalfa field as their Fire Chief would not issue him a permit. 10. Development in Division 8 Councillor Scheuerman expressed concern with a development in Duchess as well as signs in the road allowance. April 08, 1999 Page 74 11. National EMS & Ambulance Operators Association Moved by Councillor Douglass that Councillor Steinbach be allowed to attend the National EMS & Ambulance Operators Association Annual General Meeting in Jasper, April 14`h, 15`'' & 16`h, 1999. Carried. 13. Committee Reports Municipal Councillor Harbinson gave this report. Medicine Hat Colles?e ~~~ Councillor Baksa gave this report. ~~ .... Moved by Councillor Douglass that the County send a letter of support for the Brooks Campus to the Board of Governors of the Medicine Hat College with copies to the Minister of Education and our MLA. Carried. .-- Oilfield Services Banquet Reeve Daniels gave this report.. 14. Cheques for Pavment /Direct Debit Re ig ster Moved by Councillor Stobbs that Cheques #3936 - #3951, #3953 - #4055 & #4057 - #4127 in the amount of $527,597.29 and Direct Debit Register Batches #4244 & #4257 in the amount of $10,200.08 be approved for payment. Carried. 15. Ouestion Period/Notice of Motion A question period was held. r- April 08, 1999 Page 75 16. Information Items 1. Newell Mini-Bus Report -February 99 17. Adjourn Moved by Councillor Stobbs that the meeting adjourn at 4:20 p.m. Carried. ~ Q _e~ REEV COUNTY AD ISTRATOR ,~ April O8, 1999 Page ?6 r. County of Newel I No. 4 Minutes of Public Hearing April 08, 1999 A Public Hearing ofthe County ofNewell No. 4 was held in the County Office at Brooks, AB on Thursday, April 08, 1999 commencing at 2:00 p.m.. Members Present Reeve W. Daniels Councillors V. Fabian N. Berg C. Stobbs J. Harbinson R. Steinbach M. Loewen B. Scheuerman M. Douglass C. Baksa Administrator M. Bowen Planner G. Shaw Recording Secretary P. Hoffman The Reeve opened the Public Hearing at 2:10 p.m. There were 30 members of the public in attendance. The Public Hearing dealt with Bylaw #1274-99, being a bylaw to amend Land Use Bylaw # 1004-90 for a land use change in Pt N '/2 -5-19-15-W4 from Agricultural to Country Residential. The Reeve advised those present of the procedure that would be followed for the hearing. The Reeve asked for comments from the developer. Dave Penner, the developer, spoke in favour of the application outlining his plans for development of the area. .~^ The Reeve asked ifthere was anyone else wishing to speak in favour of the application. There was no-one else wanting to speak in favour. The Reeve then asked Council if they had any questions of Mr. Penner. The Reeve asked if there was anyone wishing to speak against the application. ,'°~ Orval Shantz, a lawyer contracted by a number of the effected residents, spoke against the application. The concerns he stated dealt with: protection of good agricultural land (this land is rated as a Class 2); contamination of well water for the surrounding residents; the lack of necessary infrastructure to support this type ofdevelopment; the effect on existing residential development; the change in the rural character; and concern for neglected acreages. Shirley Pickering, an Environmental Scientist, discussed the effects of high intensity developments; the shallowness of the existing water wells; and the contamination of these wells by both surface and septic contaminants. Bruce M~Kellar, resident, presented a petition against the development to the Chairman. He expressed concerns on the effects to existing agricultural operations and to future agricultural aspects. He also stated that the existing 5 acreages are all centres for other farming operations and if this development is allowed to proceed, there may be complaints with regard to the smells associated with farming. Mr. M`Kellar also stated that he had nothing personal against the developer. Councillor Baksa asked if the proposed development had less density, would it still pose a ~"` . problem. Mr. M°Kellar replied possibly not. Councillor Baksa explained that this hearing was just to decide if the land should be changed from Agricultural to Country Residential, not to approve the proposed development. Mr. M°Kellar replied that the land should be left as agricultural. Councillor Loewen asked if everyone had wells. No. Councillor Loewen asked for clarification on the land classification discrepancy. The Planner explained where he got his information for the classification. Robert Matoba of the E.I.D. explained how they rate the quality. He said that the Class 5 rating that the Planner used was correct at the time it was assessed, but with more modern methods of irrigation the land is now rated a Class 2. The Administrator read a letter from an Irrigation Specialist stating that the land is rated a Class 5 for topography and a Class 2 for soil and that perennial forage is recommended. Barry Humen, resident, stated that with current irrigation capabilities this land could become viable for agricultural uses. ~-- r„ Paul Seaton, resident, felt that the development was inappropriate for this area. He also felt that maybe our procedure should be changed. Jacqueline Kay, resident, expressed concerns with regard to percolation problems, well water contamination, dugout water and expansion. Steve Lolling stated that the development would not directly impact him but was concerned with the well water, high traffic counts and the standards of development. Darcie Hofmann, resident, wanted to know ifthis development would set a precedent for other farmers to go out and subdivide. She expressed concern for future farms. The Administrator read letters from: CPR stating their concerns regarding the proposed development, the E.I.D. stating they had no objection to the proposed development; Dale Gi les against; Bruce and Bonnie Reimer against; Audrey Martel against; and Edith and Frank James against. Mr. Penner was given the opportunity for rebuttal. Mr. Penner explained his proposed development plan stating that the development would be phased in. He commented that, ~'" according to what he heard at this meeting, human waste would have a lot of effect on the water wells but livestock manure has no effect. He then asked the number of animals allowed per acre on acreages. He stated that all ofthe current acreages in the area have more animals per acre than allowed. Councillor Harbinson asked how long the animals had been kept on these acreages and why he had not complained until now. Councillor Berg asked if his development would have septic fields or pump outs. Mr. Penner stated that this had not been decided as of yet. There being no further discussion, it was moved by Councillor Berg that the Public Hearing adjourn at 3:07 p.m. Carried. REEVE ~-- COUNTY ADMINISTRATOR ,~- County of Newell No. 4 Minutes of Public Hearing April 08, 1999 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, April 08, 1999 commencing at 3:22 p.m.. ,~- Members Present Reeve W. Daniels Councillors V. Fabian N. Berg E. Stobbs J. Harbinson R. Steinbach M. Loewen B. Scheuerman M. Douglass C. Baksa Administrator M. Bowen Planner G. Shaw Recording Secretary P. Hoffman The Reeve opened the Public Hearing at 3:22 p.m. There was 1 member of the public in attendance. The Public Hearing dealt with Bylaw 1275-99, being a bylaw to amend Bylaw #1004- 90 to include an AI -Agricultural Industrial District. The Reeve advised those present of the procedure that would be followed for the hearing. The Reeve asked for anyone wishing to speak in favour is this land use amendment. Garry Henkel spoke in favour of this development as he is interested in a development that would be covered by this proposed land use district. ,,~ A discussion took place on various aspects of this proposed Agricultural Industrial District. There being no further discussion, it was moved by Councillor Loewen that the Public Hearing adjourn at 3:34 p.m. Carried. ~' REEVE - COUNTY ADMINISTRATOR ,~--