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Home My WebLink About2003-04-24 Council (Regular) Minutes County of Newell No. 4 ~- Minutes of Council Meeting April 24, 2003 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, Apri124, 2003 commencing at 10:00 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 Assistant Administrator N. Moriyama ~`' Recording Secretary .... P. Garrett J 1. Excused from Meeting .- All members were in attendance at this meeting. 2. Minutes 1. Council Minutes -April 10, 2003 Minutes of the April 10, 2003 meeting were presented. Moved by Councillor Harbinson that we adopt the minutes as amended. Carried. 2. Public Hearings=April 10, 2003 (2) Minutes of the April 10, 2003 Public Hearings were presented. Moved by Councillor Fabian that we adopt the minutes as presented. Carried. 3. Call for Post Agenda Items The Reeve called for post agenda items. Apri124, 2003 Council Page 77 4. Adoption of A ee nda Moved by Councillor Musgrove that we adopt the agenda as amended. Carried. 5. Business from Minutes 1. Bylaw 1414-02 - Pt. SE 28-18-14-W4 - OF to DC Applicant: Bigelow, Dean -Owner: 985778 Alberta Ltd. -Division 5 This item was not lifted from the table. 2. Bylaw 1425-03 -Unauthorized Development on Roads Moved by Councillor Loewen that Bylaw 1425-03, being a bylaw for the purpose of controlling and managing all unauthorized development, uses or damage on roads within the County of Newell, receive first reading. Carried. Moved by Councillor Vermeeren that Bylaw 1425-03 receive second reading. Carried. Moved by Councillor Harbinson that consent be given to proceed with third and final reading of Bylaw 1425-03. Defeated. 3. Eastern Irrigation District - Transfer of Lake Newell Utility Moved by Councillor Loewen that we accept the transfer of Lake Newell Utility from Eastern Irrigation District with the conditions as set out by the Eastern Irrigation District. Carried. 4. Canada's Outstandin Young Farmers' Program There were no nominations for Canada's Outstanding Young Farmers' Program at this time. 6. Correspondence 1. Alberta Municipal Affairs -National Emergencyy Preparedness Week A letter from Alberta Municipal Affairs -Emergency Management Alberta, regarding National Emergency Preparedness Week, was presented to Council as information. Apri124, 2003 Council Page 78 2. Farmer Rail Car Coalition - Letter of Support A letter from Farmer Rail Car Coalition, requesting a letter be sent to the Hon. David Collenette, Minister of Transport, in support of their efforts to acquire the remaining fleet of grain hopper cars, was presented to Council. Moved by Councillor Musgrove that we send a letter of support to the Minister of Transport, the Hon. David Collenette. Carried. Excused from Meeting Councillor Musgrove excused himself from the meeting at 10:24 a.m. 3. Heritage Tree Foundation of Canada -Alberta Heritage Tree Project A letter from Heritage Tree Foundation of Canada, regarding the Alberta Heritage Tree ~ Project, was presented to Council. Moved by Councillor Fabian that we accept this letter as information. Carried. 7. Other Business Appointment of Matt Matoba -Weed Inspector & Ag Pest Acts Inspector Moved by Councillor Vermeeren that we appoint Matt Matoba as Weed Inspector for the County of Newell pursuant to Section 5 of the Weed Control Act and as an Inspector for the County of Newell pursuant to Section 9 of the Agricultural Pests Act until termination of his employment. Carried. Returned to Meeting Councillor Musgrove returned to the meeting at 10:27 a.m. 2. 2003 ASB Summer Tour -Registration Council discussed who would be attending the 2003 ASB Summer Tour. Planner T. Henry was in attendance for the following items. Apri124, 2003 Council Page 79 Business from Minutes (cont'd) 3. Delegation -Wendell Rommens, Ken Lutes, Dwight Pierson / 02 NL 033 - NE 16-18-16-W4 -Division 5 Pierson, Dwight & Cheryl -Farmstead Separation Dwight Pierson, applicant; Wendell Rommens, adjacent landowner; and Ken Lutes, legal counsel were in attendance to present information on Subdivision Application 02 NL 033. Public Hearing - Pt. NW 19-18-14-W4 -Division 5 Martin Industrial Area Structure Plan Moved by Councillor Vermeeren that we recess for the Public Hearing at 11:03 a.m. Carried. Council reconvened at 11:08 a.m. 9. Bylaw 1426-03 Moved by Councillor Baksa that Bylaw 1426-03, being a bylaw to adopt the Martin Industrial Area Structure Plan, receive second reading. Carried. Moved by Councillor Vermeeren that Bylaw 1426-03 receive third and final reading. Carried. • Business from Minutes (cont'd) 3. Delegation -Wendell Rommens, Ken Lutes, Dwight Pierson / 02 NL 033 - NE 16-18-16-W4 -Division 5 Pierson, Dwight & Cheryl -Farmstead Separation Moved by Councillor Baksa that the following motion be lifted from the table: "Moved by Councillor Baksa that we recommend to the Subdivision ApprovingAuthority that Subdivision Application 02 NL 033 for a farmstead separation within the NE 16-18-16-W4 be denied as this subdivision could have a detrimental effect on future expansion of existing agricultural operations adjacent to the subject property. " Carried. Councillor Fabian requested a recorded vote. Vote on motion. For Division 1 Reeve Daniels Division 3 Councillor Musgrove Division 6 Councillor Moss Apri124, 2003 Council Page 80 Against Division 2 Councillor Fabian Division 4 Councillor Vermeeren Division 5 Councillor Harbinson Division 7 Councillor Loewen Division 8 Councillor Eckert Division 9 Councillor Pickett Division 10 Councillor Baksa Defeated. Moved by Councillor Vermeeren that we recommend to the Subdivision Approving Authority that Subdivision Application 02 NL 033 for a farmstead separation of 9.9 acres within the NE 16-18-16-W4 be approved subject to the following conditions: 1. The registration of a caveat for the dedication of a 5-metre strip of land along the easterly boundary of the NE 16-18-16-W4 for future road widening to be purchased at a rate that is consistent with County policy at that time. 2. The applicant entering into an agreement with the County of Newell for the installation of any required road approaches to the proposed and/or remnant parcels. 3. All oil and gas company leases, rights-of--way, Board Orders, etc. being carried forward, as required, when the subdivision mylar is registered at Land Titles Office. 4. The applicant providing easements to franchise utilities for providing services to the proposed and remnant parcels. The applicant may be responsible for the costs associated with the installation, removal or modification of services. 5. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 6. All outstanding municipal taxes being paid prior to the endorsement. 7. A Restrictive Covenant being placed on the proposed and remnant parcels restricting residential development. 8. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern Irrigation District and providing evidence of this agreement. v Councillor Fabian requested a recorded vote. Vote on motion. For Division 2 Councillor Fabian Division 4 Councillor Vermeeren Division 5 Councillor Harbinson Division 7 Councillor Loewen Division 8 Councillor Eckert Division 9 Councillor Pickett Division 10 Councillor Baksa Against Division 1 Reeve Daniels Division 3 Councillor Musgrove Division 6 Councillor Moss Carried. Apri124, 2003 Council Page 81 The Planner left the meeting at this time. Finance Officer S. Shigehiro was in attendance for the following items. Other Business (cont'd) 2003 Total Countv Budget Moved by Councillor Harbinson that we adopt the 2003 Total County Budget in the amount of $23,634,735.85 as presented. Moved by Councillor Baksa that we amend the motion by removing the paving tax from the budget. Vote on amendment. Defeated. Vote on original motion. Carried. A copy of the Summary of the 2003 Total Budget is attached to and forms part of these minutes. 4. 2003 Recreation Tax Rate Bvlaw - 1430-03 Moved by Councillor Vermeeren that Bylaw 1430-03, being a bylaw for the purpose of setting up tax rates for requisitions to be charged for various Recreation Areas, receive first reading. Carried. Moved by Councillor Loewen that Bylaw 1430-03 receive second reading. Carried. Moved by Councillor Harbinson that consent be given to proceed with third and final reading of Bylaw 1430-03. Carried Unanimously. .... Moved by Councillor Fabian that Bylaw 1430-03 receive third and final reading. Carried. .... 5. 2003 Fire Tax Rate Bylaw - 1431-03 Moved by Councillor Vermeeren that Bylaw 1431-03, being a bylaw for the purpose of setting up tax rates for requisitions to be charged for various Fire Areas, receive first reading. Carried. Moved by Councillor Loewen that Bylaw 1431-03 receive second reading. Carried. Moved by Councillor Eckert that consent be given to proceed with third and final reading of Bylaw 1431-03. Carried Unanimously. Apri124, 2003 Council Page 82 Moved by Councillor Musgrove that Bylaw 1431-03 receive third and final reading. Carried. 6. 2003 Library Tax Rate Bylaw -1432-03 Moved by Councillor Harbinson that Bylaw 1432-03, being a bylaw for the purpose of setting up tax rates for requisitions to include Divisions 1, 4, 5, 6 & 10 into the Shortgrass Regional Library, receive first reading. Carried. Moved by Councillor Harbinson that Bylaw 1432-03 receive second reading. Carried. Moved by Councillor Moss that consent be given to proceed with third and final reading of Bylaw 1432-03. Carried Unanimously. Moved by Councillor Fabian that Bylaw 1432-03 receive third and final reading. Carried. 7. 2003 Tax Rate Bylaw - 1433-03 Moved by Councillor Vermeeren that Bylaw 1433-03, being a bylaw for the purpose of authorizing the various rates of taxation for various purposes in the year 2003, receive first ,--- reading. Carried. Moved by Councillor Loewen that Bylaw 1433-03 receive second reading. Carried. Moved by Councillor Harbinson that consent be given to proceed with third and final reading v of Bylaw 1433-03. Carried Unanimously. Moved by Councillor Moss that Bylaw 1433-03 receive third and final reading. Carried. The Finance Officer left the meeting at this time. 9. Post Agenda Items 1. F.C.S.S. -Amended Funding_Agreement Moved by Councillor Baksa that we enter into the Amended FCSS Conditional Funding Agreement. Carried. Apri124, 2003 Council Page 83 2. Equus Consulting -Presentation Date A meeting with Equus Consulting was set for May 12`h, at 10:00 a.m. to allow Al Parsons to present his final report on the county-wide Land Use Bylaw/Municipal Development Plan/ Economic Development Meetings. 3. Norm Chelte -Calcium Request A letter from Norm Chelte, requesting that the County supply calcium in front of his residence, was circulated to Council. Moved by Councillor Harbinson that this item be referred to the May 5`h, 2003 Municipal Committee Meeting. Carried. Lunch Council recessed for lunch from 11:58 a.m. to 1:00 p.m. 10. In Camera Moved by Councillor Harbinson that we move in camera. Carried. Moved by Councillor Musgrove that we move out of camera. Carried. 11. Committee Reports Municipal Councillor Harbinson gave this report. A.S.B. No report. Newell Foundation Councillors Loewen and Moss gave this report. Salary Ne ot~g Committee No report. April 24, 2003 Council Page 84 Assessment Review Board ,-- No report. Airport Commission No report. Disaster Services No report. Municipal Library Board No report. Foothills Little Bow Association No report. Municipal Budget Committee No report. Municipal PlanningCommission No report. 1. Bylaw for Trail Development There was no further information on this item. Subdivision and Development Appeal Board No report. Apri124, 2003 Council Page 85 Workshop Session 1. Daily Per Diem Maximum Moved by Councillor Vermeeren that the maximum number of per diems Councillors be allowed to charge for any one day is 2. Defeated. Brooks & District Ambulance Association Councillor Harbinson gave this report. Moved by Councillor Moss that the County of Newell express their support for the decision of the Brooks & District Ambulance Association Board in setting their requisition and budget. Moved by Councillor Musgrove that this motion be tabled. Defeated. Vote on original motion. Carried. Excused from Meeting Councillor Moss excused himself from the remainder of the meeting at 2:00 p.m. 9-1-1 Councillor Baksa gave this report. Newell Regional Solid Waste Management Authority Councillor Fabian gave this report. Urban Fringe Committee No report. Community Impact Study Committee No report. Road Ban Committee Reeve Daniels and Councillor Harbinson gave this report. April 24, 2003 Council Page 86 Municipal Development Plan Committee ,- No report. Grievance Committee No report. College Advisory Committee Councillor Vermeeren gave this report. Red Deer River Basin Advisory Committee Councillor Musgrove gave this report. Bow River Basin Advisory Committee No report. F.C.S.S. Board No report. Palliser Economic Partnership Reeve Daniels gave this report. Regional Services No report. 50`h Anniversary Committee Councillor Baksa gave this report. Moved by Councillor Baksa that staff and council be allowed to purchase 50~' Anniversary souvenirs at cost. Carried. Apri124, 2003 Council Page 87 Partners in Tourism Councillor Musgrove gave this report. Shortgrass Librar~Svstem Councillor Moss gave this report. 13. Ouestion Period /Notice of Motion A question period was held. 14. Information Items 1. Safety Meeting Minutes 15. Adjourn Moved by Councillor Loewen that we adjourn at 2:17 p.m. Carried. ~~~~ REEV _._____ ADMINISTRATOR April 24, 2003 Council Page 88 County of Newell No. 4 Minutes of Public Hearing Apri124, 2003 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, Apri124, 2003 commencing at 11:05 a.m. Members Present Reeve Councillors Assistant Administrator Planner Recording Secretary ~-- .... The Reeve opened the Public Hearing at 11:05 a.m. W. Daniels V. Fabian G. Musgrove C. Vermeeren 3. Harbinson E. Moss M. Loewen A. Eckert A. Pickett C. Baksa N. Moriyama T. Henry P. Garrett Applicant Dean Martin and Olympia Engineering (1982) Inc. Representative Ron Switzer were in attendance for this hearing. The Assistant Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1426-03, being a bylaw to adopt an area structure plan to be known as the Martin Industrial Area Structure Plan. The Planner gave the background on this application and indicated that concerns expressed by the Town of Brooks have been addressed in the Area Structure Plan. The Reeve advised those present of the procedures that would be followed for the hearing. The Reeve asked if the applicant wanted to present support for his Area Structure Plan. Ron Switzer, Olympia Engineering (1982) Inc., representing the applicant, spoke in support of the bylaw indicating that they had addressed Council's previous concerns. Council was given the opportunity to ask questions of the applicant and his representative. Council had no questions for the applicant or his representative. 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. The applicant had no further information to present. Council was given the opportunity to ask further questions of the applicant and his representative. Council had no further questions for the applicant. There being no further discussion, it was moved by Councillor Moss that the Public Hearing adjourn at 11:08 a.m. Carried. ~~t ~~'-~ REE i ~. ~-- COUNTY ADMINI TRATOR