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HomeMy WebLinkAbout2002-12-05 Council (Regular) Minutesr County of Newell No. 4 Minutes of Council Meeting December 5, 2002 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, December 5, 2002 commencing at 10:00 a.m. Members Present Reeve Councillors Administrator Assistant Administrator Recording Secretary 1. Excused from Meeting No members asked to be excused from this meeting. 2. Minutes 1. Council Minutes -November 6.2002 W. Daniels V. Fabian G. Musgrove C. Vermeeren J. Harbinson (10:02 a.m) E. Moss M. Loewen A. Eckert A. Pickett C. Baksa A. Martens N. Moriyama P. Garrett Minutes of the November 6, 2002 meeting were presented. Moved by Councillor Musgrove that ° we adopt the minutes as presented. Carried. 2. Public Hearing Minutes -November 6, 2002 (2) Minutes of the Public Hearings held on November 6, 2002 were presented. Moved by Councillor Vermeeren that we adopt the minutes as presented. Carried. Arrived at Meeting Councillor Harbinson arrived at the meeting at 10:02 a.m. ~-- December 5, 2002 Page 189 3. Call for Post Agenda Items The Reeve called for post agenda items. 4. Adoption of A~inda Moved by Councillor Fabian that we adopt the agenda as amended. Carried. 5. Business from Minutes There were no Business from Minutes items. 6. Con espondence Douglas Counh~y Inn -Request for County Approval to Obtain a Liauor Licence A letter from Douglas Country Inn, requesting County approval to obtain a liquor licence, was presented to Council. Moved by Councillor Fabian that a letter be sent to the Douglas Country Inn informing them that we have no objections to their applying for a liquor licence. Carried. 2. Brooks and District Health Foundation -Request for Donation A letter from Brooks and District Health Foundation, requesting a donation, was presented to Council as information. 3. Brooks Composite High School -Request for Funding for the RiverWatch Science Pro~am A letter from Brooks Composite High School, requesting funding for participation in the RiverWatch Science Program, was presented to Council. Moved by Councillor Harbinson that we contribute up to $50.00 to the Brooks Composite High School for each student attending the RiverWatch Science Program. Carried. 4. Village of Duchess -Letters to Councillors Musgrove and Eckert - Proposed Fire Hall Proiect A letter from the Village of Duchess, regarding proposed costs for a new fire hall, were presented to Council. The Division 3 and 8 Councillors and a staff member will attend a Duchess Council meeting to obtain further information on this item. December 5, 2002 Page 190 ~. 5. Duchess and District Library Board -Request for Utility Grant in 2003 and Update on Their Position on the Shortgrass Library System A letter from the Duchess & District Library Board, requesting the Utility Grant in 2003 and updating their position on the Shortgrass Library System, was presented to Council as information. 6. Town of Bassano to Bassano Memorial Library Suunort For Shortgxass Library System A letter from the Town of Bassano to Bassano Memorial Library, supporting the Shortgrass Library System, was presented to Council as information. 7. Bassano Memorial Library.Board - 5hortgrass Library System A letter from the Bassano Memorial Library Board, in regard to joining the Shortgrass Library System, was presented to Council as information. Public Hearing - Pt. NW 18-21-18-W4 From OF -Urban Fringe District to P-WTS -Public Waste Transfer Site Moved by Councillor Harbinson that we recess for the Public Hearing at 10:30 a.m. Carried. ,~-- Council reconvened at 10:43 a.m. Bylaw 1404-02 Moved by Councillor Harbinson that Bylaw 1404-02, being a bylaw to re-designate a portion of NW 18-21-18-W4 from OF -Urban Fringe District to P-WTS -Public Waste Transfer Site, receive second reading. Carried. Moved by Councillor Vermeeren that Bylaw 1404-02 receive third and final reading. Carried. 9. Other Business Shortgrass Library System The Assistant Administrator presented information on entering into an agreement with the Shortgrass Library System. Moved by Councillor Loewen that we enter into an agreement with the Shortgrass Library System on behalf of Divisions 1, 4, 5, 6 and 10. Carried. ~-- December 5, 2002 Page 191 Moved by Councillor Baksa that we appoint Councillor Moss as our representative to the Shortgrass Library System. Carried. 10. Public Hearing - Pt. SW 22-20-13-W4 From A - A.g?icultural District to P-WTS -Public Waste Transfer Site Moved by Councillor Harbinson that we recess for the Public Hearing at 11:00 a.m. Carried. Council reconvened at 11:40 a.m. 11. Bylaw 1402-02 Moved by Councillor Baksa that Bylaw 1402-02, being a bylaw to re-designate a portion of SW 22-20-13-W4 from A -Agricultural District to P-WTS -Public Waste Transfer Site, receive second reading. Councillor Musgrove requested a recorded vote. Lunch Council recessed for lunch from 12:03 p.m. to 1:35 p.m. 12. Delegation -Mark Bennett -Bow River Basin Council Dave Hill -Eastern Irrigation District Mark Bennett, of the Bow River Basin Council, and Dave Hill, of the Eastern Irrigation District, were in attendance to present information on the Bow River Basin Council and to answer questions regarding the Council and its role. 13. Delegation -RCMP S/Sgt. Ray Noble of the Brooks Detachment was in attendance to present his quarterly report along with a statistical report on the Highway 36 / TransCanada intersection. He requested that a Committee be set up to work with him on a Rural Business Plan. Bylaw 1402-02 (cont'd) Vote on second reading. For Division 1 Councillor Daniels Division 2 Councillor Fabian Division 4 Councillor Vermeeren Division 6 Councillor Moss Division 7 Councillor Loewen December 5, 2002 Page 192 Against Division 3 Councillor Musgrove Division 5 Councillor Harbinson Division 8 Councillor Eckert Division 9 Councillor Pickett Division 10 Councillor Baksa Defeated. Other Business (cont' d) 2. Landfill Closures The Administrator reported that the landfills at Rainier, Gem, Bow City and Rosemary must be closed by December 31st, 2002. Moved by Councillor Musgrove that the remaining landfill sites under County of Newell jurisdiction be closed on December 31, 2002 with the appropriate letters of notice being sent to the ratepayers. Moved by Councillor Vermeeren that the motion be amended to ask for an extension to March 31, 2003. Vote on amendment. Defeated. Vote on motion. Councillor Vermeeren requested a recorded vote. For Division 1 Councillor Daniels Division 2 Councillor Fabian Division 3 Councillor Musgrove Division 5 Councillor Harbinson Division 6 Councillor Moss '" Division 7 Councillor Loewen Division 9 Councillor Pickett Division 10 Councillor Baksa Against Division 4 Councillor Vermeeren Division 8 Councillor Eckert ' Carried. 14. Cheques for Pavment/Direct Debit Re ig ster Moved by Councillor Moss that Cheques #11904 - #11917, #11919 - #12033, #12035 - #12083, #12084 - #12086, and #12087 - #12090, in the amount of $742,897.59, and Direct Debit Register Batches #6333, #6373, #6397 and #6399 in the amount of $17,378.88, be approved for payment. Carried. 1 ~. Post Agenda Items Patricia Dog Control Moved by Councillor Vermeeren that we extend our contract with the SPCA for dog control in ~.. Patricia for another year and that our Special Constable work with the SPCA as outlined by the Administrator. Carried. December 5, 2002 Page 193 2. 2003 Awards Night Committee Councillors Vermeeren, Baksa and Harbinson will sit on the 2003 Awards Night Committee. Sewall Land Use Amendment This item will be dealt with during the MPC Report. 4. Bassano Library Board - Shortg~ass Library System This item was dealt with during Correspondence items. 5. S.H. 873 / 544 Intersection Councillor Eckert reported that the rumble strips at the intersection of S.H. 876 and S.H. 544 need to be recut. Council was informed that they could contact Volker Stevin directly with concerns regarding secondary highways. 6. Executive Summary This item will be dealt with during the Workshop Report. S.H. 876 Councillor Musgrove presented a copy of a petition regarding S.H. 876 to Council. He reported that the petition had been presented to the Honourable Ed Stelmach, Minister of Transportation, with copies to Dr. Lyle Oberg, MLA; the Honourable Lorne Taylor, Minister of Environment; and Darrell Camplin, Alberta Transportation Regional Office. Councillor Musgrove also thanked Councillor Harbinson for his S.H. 876 presentation to the Minister at the meeting in Edmonton during the AAMD&C Fall Convention. 8. Department of National Defence Moved by Councillor Harbinson that Councillor Moss, if he is able to, attend the meeting sponsored by the Department of National Defence being held in Medicine Hat on December 11th, 2002. Carried. 9. FCM Conference Councillors Baksa, Loewen and Vermeeren indicated that they would like to attend the FCM Conference being held in Winnipeg May 30 - to June 2, 2003. Administration will book four rooms for this conference. December 5, 2002 Page 194 ,-~ 16. Committee Reports Municipal Councillor Harbinson gave this report. 1. Meeting with Town on Intersection County Council will meet with Town Council on December 12th, 2002 at 5:00 p.m. in the Town Office to discuss the proposal for the TransCanada /Highway 542 overpass. 2. Water Reports Councillor Baksa reported that Alberta Environrnent telephoned Sagebrush Estates questioning why they had sent a monthly water report and stating that only an annual report was required. A.S.B. Councillor Loewen gave this report. 1. ASB Conference Councillor Loewen requested that any Councillors that do not plan to attend the ASB Conference let the Agricultural Fieldman know by December 19th, 2002. 2. Removal of 20' No-Till Drill from the ASB 2003 Capital Budget Moved by Councillor Eckert that the 20' No Till Drill be removed from the ASB 2003 Capital Budget. Carried. 3. Sending Three Councillors to the Alberta Irrigation Projects Association Convention This item will be dealt with during Workshop Report. Newell Foundation Councillors Loewen and Moss gave this report. Salary Negotiating Committee r-- Councillor Harbinson gave this report. December 5, 2002 Page 19~ Assessment Review Board No report. Airport Commission No report. Disaster Services No report. Municipal Library Board A letter will be sent to the Division 5 and 10 Municipal Library Board member regarding her status as a member of the Board. Foothills Little Bow Association Councillor Loewen gave this report. Municipal Budget Committee Moved by Councillor Baksa that the Municipal Budget Committee meeting be held on December 16th, 2002 from 9:00 a.m. to 5:00 p.m. Moved by Councillor Vermeeren that the motion be amended to start at 10:00 a.m. Vote on amendment. Carried. Vote on motion as amended. Carried. Recess Council recessed from 3:25 p.m. to 3:39 p.m. Excused from Meeting Councillor Eckert excused himself from the remainder of the meeting at 3:40 p.m. Interim Planner J. Ramjohn was in attendance for the following items. December 5, 2002 Page 196 ,~ Municipal Planning Commission Councillor Baksa gave this report. 1. Habitat for Humanity -Refund of Application Fee Moved by Councillor Vermeeren that we refund this application fee. Carried. 2. Sewall, Cliff - SE 30-18-14-W4 -Division 5 OF -Urban Fringe to HWY C - Hig_hway Commercial / LI - Light Industrial Bylaw 1412-02 Moved by Councillor Baksa that Bylaw 1412-02, being a bylaw to re-designate a portion of SE 30-18-14-W4 (including 40 acres more or less) from OF -Urban Fringe District to HWY C - Highway Commercial District, receive first reading. Carried. Bylaw 1413-02 Moved by Councillor Baksa that Bylaw 1413-02, being a bylaw to re-designate a portion of SE 30-18-14-W4 (including 30 acres more or less) from OF -Urban Fringe District to LI -Light ~"' Industrial District, receive fast reading. Carried. 3. Green Prairie International Inc. -Plan 8510238, Block 1 (within Pt. SW 10-17-13-W4) A -Agricultural District to CR -Country Residential District -Division 2 _ _ Agricultural District to CR -Country Residential District be denied for the following reasons: 1. The proposed land is located in a primary agricultural area of Tilley where no residential districts have been approved for the adjacent lands. 2. The Country Residential District can allow three or more residential developments. The approval of this amendment has the potential to create negative impacts on the adjacent agricultural land and thus does not conform to the goal of the MDP of "protecting agriculture and agricultural activities". 3. The approval of this amendment is an example of "Spot Zoning" which is disruptive to the pattern of land use, undermines the orderly use of land and is not encouraged by the County of Newell. 4. Currently, the residence is sharing the same road approach with the company. The approval of this amendment and the sale of the parcel will unnecessarily create a new approach to the public road. ,,,.., Councillor Fabian requested a recorded vote. Moved by Councillor Baksa that we recommend to the Subdivision Approving Authority that the application to re-designate Plan 8510238, Block 1 (within Pt. SW 10-17-13-W4) from A - December 5, 2002 Page 197 For Division 1 Reeve Daniels Division 3 Councillor Musgrove Division 4 Councillor Vermeeren Division 5 Councillor Harbinson Division 6 Councillor Moss Division 7 Councillor Loewen Division 9 Councillor Pickett Division 10 Councillor Baksa Against Division 2 Councillor Fabian Carried. 4. 02 NL 028 - NW 33-19-14-W4 -Division 10 Gray & Company Holdin~~ Ltd. -Farmstead Separation Moved by Councillor Baksa that we recommend to the Subdivision Approving Authority that Subdivision Application 02 NL 028 for a farmstead separation within the NW 33-19-14-W4 be denied as this is not an unsubdivided quarter section and the subject lands are in an agricultural district. Carried. 5. Buhler, Parnel & Kyla - SW 36-18-15-W4 -Division 5 OF -Urban Fri~e to CR -Country Residential and LI -Light Industrial Moved by Councillor Baksa that we deny the application to re-designate a portion of SW 36-18- 15-W4 from OF -Urban Fringe District to CR -Country Residential District and LI -Light Industrial District as this area is not an ideal location for a light industrial district due to its being located in primary agricultural land, it would conflict with the County's goal of creating a concentrated settlement pattern and there is not the required three lots for a Country Residential subdivision. Carried. Excused from Meeting Councillor Musgrove excused himself from the remainder of the meeting at 4:32 p.m. Councillor Moss excused himself from the remainder of the meeting at 4:33 p.m. 6. 02 NL 026 -Plan 1080FE Parcels A & B (NW 25 & SW 36-18-15-W4) Division 5 Applicant: Boundary Technical Group Inc., Owner: A1taLink Management Ltd. Subdivide 4.71 ha Parcel from 37.44 ha Parcel Within a Previously Subdivided Quarter Moved by Councillor Baksa that we recommend to the Subdivision Approving Authority that Subdivision Application 02 NL 026 to subdivide Plan 1080FE, Parcels A and B (within NW 25 & SW 36-1$-15-W4) be denied as this is a previously subdivided quarter. Carried. December 5, 2002 Page 198 ,~° 7. Applicant: Bigelow, Dean -Owner: 95778 Alberta Ltd. -Division 5 SE 28-18-14-W4 -From OF -Urban Fringe to DC -Direct Control _ Bylaw 1414-02 Moved by Councillor Baksa that Bylaw 1414-02, being a bylaw for the redesignation of a portion of SE 28-18-14-W4 from OF -Urban Fringe District to DC -Direct Control District, be given first reading. Moved by Councillor Vermeeren that we table this motion until an area structure plan for this area has been completed and approved. Carried. Workshop Session Land Use Bvlaw Amendment for Trail Development There was no further information on this item. 2. Moratorium on Farmstead Separations The Interim Planner presented a report for a bylaw amendment prohibiting farmstead separations. This item will be brought back to the next meeting. ~-- The Interim Planner left the meeting at this time. 3. Alberta Irrigation Projects Association - Any Members of Council May Attend Moved by Councillor Harbinson that any Councillor wishing to attend the Alberta Irrigation " Projects Association Conference in January 2003 be allowed to do so. Carried. 4. Dates for L U B M D P and Economic Development Meetings The Assistant Administrator reported oncosts for a facilitator for these meetings. This item was referred to the next meeting. Councillor Loewen requested that an executive summary of proposed changes to the Land Use Bylaw and the Municipal Development Plan be sent to the ratepayers prior to the meetings. Subdivision & Development Appeal Board No report. December 5, 2002 Page 199 Brooks & District Ambulance Association Councillor Hazbinson gave this report. Newell Re~ionai Solid Waste Management Authority Reeve Daniels gave this report. Urban Fringe Committee No report. Communitypact StudYCommittee Councillor Harbinson gave this report. Road Ban Committee Reeve Daniels gave this report. Municipal Development Plan Committee No report. Grievance Committee ` No report. 9-1-1 Councillor Baksa gave this report. College Advisory Committee No report. Red Deer River Basin Advisory Committee No report. ~, December 5, 2002 Page 200 ,~ Bow River Basin Advisory Committee No report. F.C.S.S. Board No report. Palliser Economic Partnership No report. Regional Services No report. 50'~ Anniversary Committee No report. Partners in Tourism No report. 17. Question Feriod /Notice of Motion A question period was held. 18. Information Items There were no information items. 19. Ad~j ourn Moved by Councillor Vermeeren that the meeting adjourn at 5:32 p.m. Carried. .... ~~~c2~~~ REEVE - - COUNTY ADMINISTRATOR December 5, 2002 Page 201 ,-- County of Newell No. 4 Minutes of Public Hearing December 5, 2002 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, December 5, 2002 commencing at 10:30 a.m. Members Present Reeve W. Daniels Councillors V. Fabian G. Musgrove C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert A. Pickett C. Baksa Administrator A. Martens Assistant Administrator N. Moriyama Interim Planner J. Ramjohn Recording Secretary P. Garrett ,--- The Reeve opened the Public Hearing at 10:30 a.m. Applicant Ray Juska, Newell Regional Solid Waste Management Authority Ltd., was in attendance at this hearing. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1404-02 being a bylaw to amend Land Use Bylaw 1004-90 for the purpose of re-zoning a portion of NW 18-21-18-W4 from OF -Urban Fringe District to P-WTS -Public Waste Transfer Site District. The Interim Planner gave background information on this application. The Reeve advised those present of the procedures that would be followed for the hearing. ,,.,^ The Reeve asked for representation from the applicant on this proposal. Ray Juska, Newell Regional Solid Waste Management Authority Ltd., presented the following information: - This parcel of land was originally subdivided in the late 1930's. - The Authority was in need ~of a site for burning wood as burning is no longer allowed within town limits. - At this time, only 1 acre of the proposed subdivision is to be used for burning, the remainder will continue as agricultural. - The transfer site for Division 6 is already in operation. Council was given the opportunity to ask questions of the applicant. Councillor Moss questioned why the burn pit was to be located on the west side of the Town of Bassano as the prevailing winds will blow the smoke across town. Councillor Eckert asked if the Town of Bassano grows, is there an option to move the burn pit to a different location. He stated that there should be other options for locations if there are objections to the proposed location. The Reeve asked if there was anyone else wishing to speak in favour of the bylaw. There was no one else wishing to speak in favour of the bylaw. The Reeve asked if there was anyone wishing to speak in opposition to the bylaw. There was no one wishing to speak in opposition to the bylaw. The applicant was given the opportunity to present further information. Mr. Juska stated that an alternate site had been considered but the proposed site was as far as possible from the Town. If there were complaints regarding smoke they would have to be dealt with at that time as Alberta Environment would then be involved. Reeve Daniels asked if the Town of Bassano was involved when choosing a site. There being no further discussion, it was moved by Councillor Vermeeren that the Public Hearing adjourn at 10:43 a.m. Carried. REEV COUNTY ADMINISTRATOR .-- County of Newell No. 4 Minutes of Public Hearing December 5, 2002 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, December 5, 2002 commencing at 11:00 a.m. Members Present Reeve W. Daniels Councillors V. Fabian G. Musgrove C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert A. Pickett C. Baksa Administrator A. Martens Assistant Administrator N. Moriyama Interim Planner J. Ramjohn Recording Secretary P. Garrett The Reeve opened the Public Hearing at 11:00 a.m. Applicant Ray Juska, Newell Regional Solid Waste Management Authority Ltd. and ten members of the public were in attendance at this hearing. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1402-02 being a bylaw to amend Land Use Bylaw 1004-90 for the purpose of re- zoning aportion of SW 22-20-13-W4 from A -Agricultural District to P-WTS -Public Waste Transfer Site District. The Interim Planner gave background information on this application. The Reeve advised those present of the procedures that would be followed for the hearing. ~-- The Reeve asked for representation from the applicant on this proposal. Ray Juska, Newell Regional Solid Waste Management Authority Ltd., circulated a report, which is attached to and forms part of these minutes, and presented the following information: - municipalities are required to close all but regional landfills by December 31, 2002 - NRSWMAL has an agreement with the County to have a specific number of transfer sites located throughout the County - transfer sites are not dumping sites but drop off sites - there will be no excavations at these sites - there will be no leaching - waste will be placed in 8 cubic yard containers with lids - sites will be enclosed by chainlink fences - sites will be manned when opened, no unauthorized dumping will be allowed - the Tilley transfer site has been operating for 1 year and everything is going well - it was felt that this site would have the least impact - the land owner, Eastern Irrigation District, and the adjacent land owner, Dan Buzogan, were in favour of this location - Alberta Environment had visited the proposed site and felt that it was better than the landfill site - there is very good access to this site - it is situated off a main road to reduce visibility - the proposed location is more readily accessible to more people than the old site - an unmanned disposal pit is not option - traffic was monitored at other transfer sites within the County with an average of 9 people /day when the site is opened - water is available for trees and landscaping - recycling is being promoted - road dust will blow toward the adjacent property - blowing litter will be contained by the placement of a chainlink fence around the facility and by tarping loads going into the facility - members of the Authority have toured similar sites throughout the province and found them to be clean Council was given the opportunity to asked questions of Mr. Juska. Councillor Pickett wanted to know if the containers would have lids. Councillor Musgove indicated that the proposed site was up against an old rail road track and wanted to know if it had been discussed to move the site 200 yds from the proposed location. He also wanted to know if the water supply had been considered. Councillor Musgrove expressed concern that there is a livestock watering site directly across from the proposed location and to the north there was concern with activity in the immediate area. Councillor Moss wanted to know if there would be a pesticide container drop off at the site and if this drop off site would be walled and bermed. The Reeve asked if there was anyone else wishing to speak in favour of the bylaw. Bev Nelson, Town of Brooks representative to NRSWMAL indicated the following: - members of the Authority spent considerable time when choosing a location - a central location was wanted - land owned by the County or the Eastern Irrigation District was given frst choice Councillor Moss asked for clarification on the proposed pond for the site and why water would be pumped into the pond. Councillor Vermeeren indicated that the pond would be to ~'' keep trees and vegetation at the site alive. Excused from Hearin¢ Councillor Fabian excused himself from the hearing at 11:22 a.m. Albert Henrickson, adjacent landowner, spoke in opposition to the bylaw indicating the following concerns: - trash from the site and vehicles - dust from vehicles - the cost to realign the low grade County road Shauna Deschamps, adjacent landowner, spoke in opposition to the bylaw indicating the following concerns: - the proposed site is in prime agricultural land - what will happen to the value of the surrounding land if the transfer site is developed - dust from increased traffic - the effects of dust on the grass and cattle .~- - liability for sick and dead livestock as a result of dust and/or contamination - liability for trespassers when the land becomes more accessible - litter Returned to Hearing Councillor Fabian returned to the hearing at 11:25 a.m. Council was given the opportunity to asked questions of the speakers. Councillor Musgrove asked Mr. Henrickson to clarify his statement regarding road realignment. Councillor Baksa asked Mr. Juska if the old landfill site could be made to work as a transfer site or was mileage the reason for the new location. She also asked if the transfer site was to be placed on the old landfill site, would reclamation still be necessary. Reeve Daniels indicated that the old site would still need to be reclaimed. Councillor Loewen asked for clarification from administration as to the break down for .~^ payment of the regional landfill or if all ratepayers share the cost. - the existing. landfiils must all be closed - this site is for a transfer station not a landfill - there would be no leachate to contaminate the ground - there would be no litter - the site will be a temporary holding area for waste which will then be transferred to the regional landfill - the Authority would work with people of area to make the site workable Council was given the opportunity to ask questions of Mr. Nelson. Councillor Harbinson questioned Mr. Nelson on the containment of litter and the fact that litter does get away at the regional landfill site. Councillor Loewen indicated that, on numerous occasions, she has seen regional landfill employees collecting litter to keep the area clean. Reeve Daniels indicated that the Authority can be fined for blowing litter. The Reeve asked if there was anyone else wishing to speak in favour of the bylaw. There was no one else wishing to speak in favour of the bylaw. The Reeve asked if there was anyone wishing to speak in opposition to the bylaw. Harv Seely, adjacent landowner, spoke in opposition to the bylaw indicating the following concerns: - the hours of operation of the transfer site - possible contamination of the water hole directly across the road from the site - contamination from illegally dumped pesticide containers - road conditions; the need for paving, oiling or calcium application for certain roads - the location of the ditch - liability regarding contamination Council was given the opportunity to ask questions of Mr. Seely. Councillor Fabian explained the operating hours of the Tilley transfer site and indicated that illegal dumping was not a problem. Mr. Seely felt the site should be open 24 hours a day to eliminate illegal dumping. Councillor Musgrove asked Mr. Juska who would be liable if there is contamination from the site. T The Reeve asked if there was anyone else wishing to speak in opposition to the bylaw. Kelly Deschamps, adjacent landowner, spoke in opposition to the bylaw presenting the following concerns: - several meetings had been held in Patricia with regard to the location of the transfer site and at every meeting there was opposition to the proposed location - the opposition was not to the transfer site but the proposed location - it was felt that it should remain at the old landfill site and a petition was circulated indicating as such - the people of Patricia are not being heard Councillors were given the opportunity to ask questions of Mrs. Deschamps. Reeve Daniels asked where Mrs. Deschamps lived and the location of their property in relation to the proposed site. .-~ Councillor Baksa asked how many people were in attendance at the public meetings in Patricia. The Reeve asked if there was anyone else wishing to speak in opposition of the bylaw. Shauna Deschamps presented a letter of opposition, which is attached to and forms part of these minutes, from Warren and Janet Henry which the Administrator read to Council. The applicant was given the opportunity for rebuttal. Ray Juska presented his rebuttal indicating the following: - to date, the transfer stations have kept the operating hours of the landfill sites that they replaced - there haven't been problems with pesticide containers at other sites - he was unaware of any problems with blowing litter from the current transfer sites within the County - to his knowledge property values have not dropped in the area of the transfer sites - he was unaware of any incidents of livestock injury or death in the vicinity of the regional landfill - attendance at the meetings in Patricia was approximately 30 people out of a possible 300 to 400 people - there will be no leachate generation - the Authority wanted to locate the transfer stations to be accessible to the largest number of people within any given 10 mile radius - the proposed site was suggested by a local resident after the first meeting Councillors were given the opportunity to ask questions. Councillor Eckert asked if the proposed site would service East Duchess and the Imperial Colony. He also asked if the transfer site was located on the old landfill site, would an additional site to service those locations be considered. Councillor Loewen indicated that there are already areas and communities that will be outside the 10 mile radius of any proposed site. The Reeve asked if there were any more questions. There being no further discussion, it was moved by Councillor Baksa that the Public Hearing adjourn at 11:40 a.m. Carried. REEVE COUNTY ADMIlVISTRATOR 1 Dee. 5~ `~,oo? To v.~6uu,un ~ v~a~ ~nca~n ; ~.~ o+,unsuv~ ~~ ~' and ~ c~~r,cL tv ~ ~klixt a ~ uv~~r ~.Q.o o~ ~ V`t~w u~a.,otQ. -Ciz.o~rw~ .ante. w~. .1.r~.L -~ha~. }h~.e., i.~ ul.otf~ ~ r~c~ ~.U~1.oric~ w ~ u,0i v1 ~ ~ kxi.~-~-i n c~. c~:wn,P o,~. Pn~-, c.~v~ W h~~. -~-~~ ~~ ri t .o ~ Q ~ h co t~ cEn-}YC~i o'n o~ ~ ~ ~ ego t-o ek o-2 ~a~,~, ~~,d,E, 0 an Con evt,uZ,o w i ~h -~-1'te, r~ .off. a~. 5 v~1 22 2O i ~3 4 cw -t:ha~. ~..~ w i,~..~ ; n e~ c~.oe. ~. -~0.~~1 c anc~ ~-h~z c~.u,®t in. -Np~`.~u., a:~ o~-~c~ -~tu,~.o i nG~,cx~2 -~- ~t~~+ia~. ~ 1~~,1~t~ri, 1.,04J~tk'.Y VL1J U'1 U V :~C,O~"'C~CI{ s Y~1-O ~ }~ YY~'~ O f l - r 1.Q, i R G`L~-C'~~ CG~ ,._ ~c'"~`~O~' al.orlc~ c~.ut bc~..ck: ~wcw~, . l.~c~,ti~.n c~ ~ ~aru~., rN s~~ r~O. ~x 1A7 i~xtneic~, ~1~3 1 O J 2 KC.> 378 ~~~q ,~- ~~- ~ - ~ J be``~ ~~l~Ce c~~J ~ ~ S~~v ~A`~`~~ S I ~I ~~, ~- ~ g~~~v`~S ~~ ~- ~ UL ~ ~ `U h~ \ 1 '(` 0.-i ~ ~ ~ O ~J ~U 0. ~ , S ~' ~~~,i;~w~p~ -- I h~ Lv~~ j Neu re ~ i ~ -~ ~ ,.- , ~ ~_vwS~fu c~ ~u~v o~ ~.x ~S~ w~ ~uw ~tuoLe r~~ ~ ~~~~ ~ ~vl2r~LC~uw . v c) ~ ,~. This letter is written in order to present our formal objection to the proposed Land Use- Bylaw Amendment in regards to Pt. SW22~20-13-W4th in Patricia, Alberta from Agricultural District to Public Waste Transfer Site District. The proposed site lies within the heart of prime agricultural land with irrigation services making it a choice area. Our land, which neighbors the proposed site, was purchased at a prime agricuhural price and the surrounding azeas are presently worth premium rates as well. Will this azea continue -can it continue to be a prime agricultural area with a waste transfer site located right in the middle of it? Does anyone know for sure if this will affect our land values and if it does, who will we look to for such damages? It is our opinion that this Transfer Site will have a direct negative impact on our lives, our land and the well-being of our livestock. Some of the other major concerns that come to mind aze as follows: 1. Increased Traffic. Increased traffic on a gravel road always leads to dust no matter how well maintained it is. Dust will affect the palatability of our grass which will affect how our cattle faze when grazing our land. Dust also creates pneumonia in cattle which will result in higher veterinary bills, medical costs, weight loss and higher mortality rates. Who will reimburse us for our monetary losses in this regard? 2. Public Accessibility. Making this site public will also make our land more accessible .- and appealing to the general public which will lead to incidents of trespassing, vandalism and theft. Wha is going to patrol our land in order that our cattle, property and possessions aze safe, nat to mention any liability issues that arise when the first trespasser drowns or is otherwise injured or killed? There is also the issue of who will then be responsible when our gates aze left open and our livestock is released. Who will be liable for any accidents and any subsequent losses of livestock as well as the safe return of the livestock to their pasture? 3. Refuse. Obviously any waste station is going to have refuse that will escape either on its way there or once there, especially whenever there is a strong wind. Not only will the escaped refuse destroy the beauty of this azea but will have a direct impact on the health of our livestock leading to the same kind of losses mentioned previously with the same end question. In speaking with all of our neighbors and friends in the Patricia Area, we have discovered (and tried to voice) an overall disapproval of this proposed site. The residents in general liked the waste disposal site where it was and the site had little negative impact. I feel that by closing the waste disposal site prior to finding a new suitable location and forcing the residents to travel all the way to the 36 Highway for services was a "bullying" technique aimed at forcing the residents (who may be less personally affected) into accepting the proposed site. I also find it upsetting to read Minutes of a County meeting where councilors who do not reside in the azea and have no real personal interest in this r-~ ,.-, area, can out-vote our councilor who is trying to t'epresent his constituents -the constituents who will be affected by this matter. In closing, I ask once again to find a more suitable location -that is a more suitable location for the residents ofthis azea. ,-- '^ NEWELL REGIONAL SOLID WASTE MANAGEMENT AUTHORITY LTD. 427 - 1st St. West Brooks, Alberta T1R OG6 Phone/Fax 403-362-2651 RE: SITING OF A PATRICIA-MILLICENT TRANSFER STATION The municipalities of the County of Newell are required by the Alberta Government to have only the new regional landfill operating and to close all the other existing landfills by December 31, 2002. In 1997 the Newell Regional Solid Waste Management Authority Ltd. signed an agreement with the County of Newell regarding the provision of waste transfer stations to serve rural residents throughout the County, based on serving a radius of 10 miles. Siting of transfer stations to replace these old landfills has proved to be a complex process involving meeting local and provincial government guidelines, accessibility and convenience to the local population and availability of land. A site has been proposed between Patricia and Millicent on SW 22-20-13 W4M. ,.-- Transfer Stations (FiQUre 1): These are not dumping sites but are drop-off points for collection of different types of local wastes which are then transported for disposal at the regional landfill or for recycling. There are no excavations and no generation of leachate which could contaminate area surface or groundwater. Household wastes are deposited in 8 cubic yard steel containers with lids similar to those in use in Brooks and Duchess as well as are being rented by rural residents. The containers are surrounded on three sides by a 10' chain link fence and there is an 8' chain link perimeter fence around the entire site. It is an operational and Alberta Environment requirement that the transfer stations be manned when open. The types of wastes accepted are regulated and some materials and quantities may be directed to the regional landfill or alternative disposal facilities. Suitabilitv of the Proposed Site: The proposed site meets the requirements Municipal Government Act Section 13(3)(d} and local statutes and by-laws. The site is located in the northwest corner of a fragmented non-irrigated grazing lease. It is partially sheltered from the north by an abandoned railway track bed. r-- NR3Wi~, Ltd . Page 1 - The land owner (EID - see attached) and user (Dan Buzogan) are both in favour of the proposed site. - The site has been inspected by Alberta Environment staff and found to be acceptable and better situated than the existing landfill. - County Council members visited the site and their response was favourable. - Access to the proposed site is good with paved and gravelled roads more than capable of handling the related traffic. The site is far enough off the main road to reduce visibility. Accessibility: - A 10 mile circle around the existing Patricia landfill site includes 76 residences and around the proposed site 35~(Figure 2}. The average distance to the proposed site is 5 miles and to the existing landfill is 10 miles. - Less convenient access means more risk of inappropriate dumping of waste. On-farm disposal pits are not an acceptable option, contravening waste management requirements, creating an environmental, health and safety risk and being a liability to the value and marketability of a property. For these reasons the government is promoting Environmental Farm Plans ,.~ and banks are requiring environmental disclosures. Traffic: In 2001/2002 traffic at the existing Patricia landfill was monitored prior to its closure and was not excessive. PATRICIA OPEN Wed. & Sat. OCTOBER 36/3 days NOVEt~ER 10618 days DECEIVER 53/9 days JANUARY 60/9 days FEBRUARY 66/7 days AVERAGE/DAY 8.9 Operational Issues: - Water for trees is available at the proposed site. - The Landfill Authority is looking at options for promotion of recycling at the transfer stations. The proposed site is more convenient for drop-off of recyclable materials. .--~ ~ Ltd. Page 2 - Road Dust - prevailing winds are from the NW and SW, towards the adjacent EID land. The EID and the rancher who is leasing this land from the EID both support this project. - Litter - Containers are low with chain link catch fences immediately adjacent on the downwind sides and there is a perimeter fence to prevent litter escape. Trees will be planted around the upwind sides to reduce wind. Site users will be required to tarp loads. Site staff will monitor site users as well as being responsible for keeping the site clean and collecting litter along the access road. While we understand the concern of some area residents we hope that they are clear on what we are proposing. We have toured many transfer stations in southern and central Alberta, many along secondary and primary highways and not one has been a mess or eyesore. Please give this issue serious consideration and feel free to contact me with your questions or concerns. Thank you. Ray Juska Manager, NRSWMA Ltd. ~- NRSWMA Ltd. Page 3 FIGURE 1 -TYPICAL TRANSFER STATION PLAN CHAIN LINK FENCE SHELTERBELT TIRES GATE- HOUSE ' 8 YARD CONTAINERS ~' ,l.~t { .;f i.-._._._._._._r._._...._._...._~.1 10' CATCH FENCE ~ i•-•-•-•~•-~ ~ #"~ PESTICIDE CONTAINERS METAL -v ~m z v~ "' z T BURN BERMS Map of the °~~~ ~~~ County of Newell No. 4 9 ~' Fmneg3n ?~ -~" Feny ~ ,,<° Rg 17 FIGURE 2 -COUNTY OF NEWELL MAP WITH SUBJECT AREA N s62 RESIDENCES AND 10 MILE Rg 18 561 RADIUS CIRCLES ~ ~~ Emerson Rg 19 B~ e Crawling 5 5fi Valley 862 RED DEER f Reservair RIVER •'•••••N•••sb•• • CBIr~Iliound t •• • ~ • 13ASSAIVO 36 ••• °„••e•e••s•e••• o'IS • 876 .• ~ ®•• 550 ' ®®®~ •°••• •• `L.J"_°Fa .. • S •o ~rNOSAfJR ~ • wcvu. • •• • •• Bassano ROSEM 550 • K ; ' Dam ~ , •~7' 352 • Irc a g a ~ Rock • ~ T~ 20 • sal Lake • • • S • ` - one $ S • :•76 Within Circle ® •~• ®Tr • •a • • : • • w 19 P BOW San Frdndsoo CASStLS • • • r ~ ~ R e s76 •. ,• i •• . • : RIVER Lake es iv o • ~~° .• ••' ul~tet~® •® 's ~'illey'B' • ••• Rd Yam Rd • rr awc 'F~servoir .•••• ® Twp 18 •• •• 873 AR ,~ ~, i ~ ~` 539 ~;~ KINBROOK Reservoi .take Is~aNO ~ Twp 17 BOW CnY NeweH~ erv R _ PROVIN r PAR 876 ~ i o - es ~~: ~ S3 _ _ $73 ~ Bury 1 #1 Reservoir Road Legend 87 5 Bantry ir R Twp 16 . RAnvIER eservo ~ ~.• Pavea a Celdum 3 6 ~• Giavd SCAN[L]IA Twp 15 530 5 0 5 10 FGlometers Twelve Mlle ROL,L.IN Coulee Rg 15 F-Ilr r ~ Twp 14 MAP SCALE = 1:500 000 525 Map produced by c_ Tomas Rg 14 Rg 13 Rg 12 Rg 11 ~ County of Newell s_ ~ ~ _ r ~„' _~ - ~ ~ ~ ~ E=fir - ~. v~.,; T .. ~~~ s ~~* • ; _. _ ~'.. ~: -. ROAD-SIDE TRANSFER SITE NEAR WHITEFISH P.O. Bag 8 550 Industrial Road Brooks, Alberta Canada T1R 1B2 Phone: (403) 362-1400 Faz: (403) 362-6206 Email: eidQeidnet.org August 12, 2002 County of Newell P.O. Box 130 Brooks, Alberta T1R 1B2 Attention: Allan Martens, County Administrator Dear Sirs: `w . , ~'.. RE: Patricia Waste Transfer Station Subdivision Application No. Ol NL 031 Application for Amendment to Land Use By-Law We have enclosed a fetter from the Newell Regional Solid Waste Management Authority '' (NRSWMA) which indicates that it wishes to proceed with the purchase. A petition against the project resulted in the matter being deferred earlier pending the outcome a public meeting which was held in May 2002. The letter discusses the results of the May meeting and goes on to suggest that public concerns can be dealt with as part of the public hearing process associated with the Land use change. The EID Board recently considered this matter again and determined that it has no objection to the matter proceeding. Consequently, we request that the original applications be re-activated. Please review the file and confum whether any fwther action is required on our part to have these applications proceed. Sincerely, Eastern Irrigation District Edward Hildebrand Consultant, Resource Planning and Development enclosure "Wbtre Water Works Wonders" ~' Eastern Irrigation District