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Home My WebLink About2004-05-20 Council (Regular) MinutesU ~"" County of Newell No. 4 Minutes of Council Meeting May 20, 2004 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, May 20, 2004 commencing at 10:02 a.m. Members Present Reeve Councillors Administrator Assistant Administrator Executive Assistant Executive Secretary 1. Excused from Meetine No members asked to be excused from this meeting. C. Baksa W. Daniels V. Fabian G. Musgrove (10:05 a.m.) G Vermeeren J. Harbinson E. Moss M. Loewen (10:05 a.m.) A. Eckert (10:05 a.m.) A. Pickett A. Martens N. Moriyama C. Isaac K. Weiss 2. Minutes Council Minutes - May 6, 2004 Minutes of the May 6, 2004 meeting were presented. Moved by Councillor Harbinson that we adopt the minutes as presented. Carried. 3. Call for Post Agenda Items The Reeve called for post agenda items. 4. Adoption of Agenda Moved by Councillor Fabian that we adopt the agenda as amended. Carried. ,,--.. May 20, 2004 Council Page 116 ~i~ 5. Business From Minutes 1. Fire Bylaw 1461-04 No further information was presented. Arrived at Meeting Councillors Loewen, Musgrove & Eckert arrived at the meeting at 10:05 a.m. 6. Corresyondence 1. Society of Local Government Managers of Alberta - CLGM Desiunation A letter explaining the benefits of being a member of the Society of Local Government Managers of Alberta and a brochure on "Good Government Through Professional Management" were presented to Council. Moved by Councillor Harbinson that we pay the Administrator's membership fee for the Society. Carried. 7. Other Business 1. Regional FCSS Board Members Moved by Councillor Musgrove that we appoint Councillor Loewen and member at large, Dianne Vermeeren, as Regional FCSS Board members. Carried. 2. Ant~ointment of Officers a) Pest Officers Moved by Councillor Vermeeren that we appoint Lesley Burton, Lindsay George and Matt Matoba as Pest Officers for the County of Newell pursuant to Section 10 of the Agriculture Pests Act. Carried. b) Soil Conservation Officer Moved by Councillor Loewen that we appoint Lesley Burtons as Soil Conservation Officer for the County of Newell pursuant to Section 15 of the Soil Conservation Act. Carried. May 20, 2004 Council Page 117 ~"' c) Weed Inspectors Moved by Councillor Vermeeren that we appoint Lesley Burton, Lindsay George and Matt Matoba as Weed Inspectors for the County of Newell pursuant to Section 5 of the Weed Control Act. Carried. 3. Division 6 Recreation Area - Bvlaw 1478-04 A copy of proposed Bylaw 1478-04 for the establishment of a Recreation Area to be known as the Division 6 Recreation Area was presented to Council. Moved by Councillor Moss that Bylaw 1478-04 receive first reading. Carried. Moved by Councillor Harbinson that Bylaw 1478-04 receive second reading. Carried. Moved by Councillor Vermeeren that consent be given to proceed with third and final reading of Bylaw 1478-04. Carried Unanimously. Moved by Councillor Musgrove that Bylaw 1478-04 receive third and final reading. Carried. 4. Appointment of Returning Officer Moved by Councillor Loewen that, pursuant to Section 12.1 of the Local Authorities Election Act, we appoint Ella Endersby as Returning Officer for the County of Newell for the 2004 Municipal Election. Carried. S. Election Per Diem Rates Moved by Councillor Daniels that the Returning Officer be paid a per diem of $180.00, the Deputy Returning Officer be paid a per diem of $160.00, the Poll Clerks be paid a per diem of $140.00 and that mileage be set at .40/km. Carried. 8. Post Auenda Items 1. Summer Meeting Schedule Moved by Councillor Loewen that a regular Council Meeting be held on July 22, 2004, after which a summer break shall take place until August 20, 2004. Defeated. May 20, 2004 Council Page 118 G~ Moved by Councillor Eckert that a regular Council Meeting be held on July 22, 2004, after which a summer break shall take place until August 16, 2004. Carried. ___, Moved by Councillor Vermeeren that the Municipal Meeting in August be held on August 17, 2004. Carried. Moved Councillor Daniels that the Municipal Meeting in September be held on September 7, 2004. Carried. Following is the meeting schedule for the months of July and August: July 5 -Municipal Meeting July 8 -Council Meeting July 19 -Workshop July 20 - A.S.B Meeting July 22 -Council Meeting August 16 -Workshop August 17 -Municipal Meeting August 19 -Council Meeting September 7 -Municipal Meeting 2. Newell Regional Solid Waste Management Authority Ltd. Unanimous Sunnort for Decisions A letter from Newell Regional Solid Waste Management Authority Ltd. Requesting an amendment to the agreement regarding decisions of the authority was presented to Council. Moved by Councillor Loewen that we retain the Agreement under its current format regarding veto voting. Carried. 3. Gem Mennonite Brethren Church - 75th Anniversarv Celebration Moved by Councillor Vermeeren that we send a letter of congratulations to the Gem Mennonite Brethren Church and that Councillor Pickett speak on behalf of the County of Newell No.4 at the celebration event. Carried. 4. Mans Moved by Councillor Fabian that we provide all fire departments within the County of Newell with an updated laminated County of Newell map. Carried. May 20, 2004 Council Page 119 -- v f" 9. Committee Reports Muni No report. A.S.B. Agricultural Fieldman, Steve Wylie, was in attendance for the following items. 1. ASB Review -Provincial Summarti& Questionnaire The ASB review questionnaire was reviewed and completed. 2. CFO Locations Administration reminded Council about filling out the CFO maps, and requested that these maps be dropped off with Administration. 3. 2004 Provincial ASB Summer Tours ~" Dates of the ASB Summer Tour were discussed. 4. Confronting Water Scarcity: Challenees and Choices Councillor Moss, and Councillor Vermeeren indicated that they would attend the Conference. The Agricultural Fieldman left the meeting at this time. Newell Foundation Councillor Moss gave this report. Salary Negotiating Committee No report. ,,--,. May 20, 2004 Council Page 120 ~~ Assessment Review Board No report. Airport Commission No report. Disaster Services No report. Municipal Library Board Councillor Pickett gave this report. Shortgrass Library System Councillor Moss gave this report. Foothills Little Bow Association No report. Municipal Budget Committee No report. Planner, Tammy Henry, was in attendance for the following items. Municipal Plannine Commission Reeve Baksa gave this report. May 20, 2004 Council Page 121 -- v '"~ 1. Old Items a) Bvlaw 1427-03 - Bantry Bav Land Use Amendment This item was not lifted from the table. Brooks & District Ambulance Association Councillor Harbinson gave this report. 9-1-1 Reeve Baksa gave this report. Municipal Planning Commission (Cont'd) 2. New Items a) 04 NL 006 - Pt. NE 1-18-15-W4 Plan 9411167 Block 3 -Division 5 Zadi Investments Ltd. (Owner) Rod Potrie, Planning Protocol Inc. (Applicant) ~"' Subdivision of Resort Multi-Family Residential Lot Rod Potrie, of Planning Protocol Inc, and Jeet Shergill, of Zadi Investments Ltd., were in attendance at the meeting for the following item. The delegates amved at 11:37 a.m. Moved by Councillor Musgrove that we recommend to the Subdivision Approval Authority approval of Subdivision Application 04 NL 006, to allow for the subdivision of a resort multi-family residential lot into 16 single-family residential lots, subject to the following conditions: 1. That all oil and gas company leases, rights of way and board orders, be carried forward when the subdivision mylar is registered at Land Titles Office. 2. The applicant providing easements to franchise utilities for services to the proposed parcels. The applicant may be responsible for the costs associated with the installation, removal or modification of services. 3. The applicant providing evidence of an approved Stormwater Management Plan for the west side of Lake Newell Reservoir. Review and approval of the Stormwater Management Plan will be from the County of Newell Public Works Department. 4. The applicant entering into a development agreement for the development of this subdivision as identified under Section 655 of the Municipal Government Act. The preparation, registration and discharge of the caveat will be at the cost of the applicant. 5. 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. May 20, 2004 Council Page 122 6. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. __ 7. The applicant providing municipal reserve in the form of a deferred reserve caveat to be registered to Plan 9411167, Block 2, Pt. NE 1-18-15-W4M and Pt. NW 6-18-14- W4M. The amount of the deferred reserve will be calculated based on the subdivision plan presented to the Municipality for endorsement. 8. The applicant providing and receiving approval of construction plans, if required by the County's Public Works Department. Such plans may include a Stormwater Management Plan, Lot Grading Plan, Infrastructure Plan and drawings depicting ditch and road profiles. 9. That all outstanding municipal taxes be paid prior to the endorsement. 10. Prior to endorsement of the subdivision plan, a Homeowner's Association is to be created to be responsible for any public utility lots and/or municipal reserve, with a caveat being registered on the titles showing the property being subject to the membership and obligations of the Homeowner's Association. 11. The application providing an Irrevocable Letter of Credit at a minimum of 125% of the gross construction costs including engineering design. 12. There being no panhandle lots for this subdivision. 13. The applicant entering into an agreement with the existing Lake Newell Resort Condominium Association for the disposal of solid waste management for the subdivision. 14. The applicant providing fora 5 foot pathway and a 3 metre right-of--way system along the Eastern Irrigation District's environmental reserve easement or providing easements for a pathway if agreed to by the Eastern Irrigation District. Maintenance _ of the pathway will be the responsibility of the Homeowner's Association. 15. The applicant providing and constructing a new access to the marina. 16. The applicant providing a surface irrigation system. Moved by Councillor Vermeeren that we amend the motion to provide fora 6-foot pathway in Condition #14. Vote on the amendment. Carried. Vote on the amended motion. Carried. Lunch Council recessed for lunch from 12:00 p.m. - 1:15 p.m. 10. In Camera Moved by Councillor Vermeeren that we move in camera. Carried. Moved by Councillor Harbinson that we move out of camera. Carried. May 20, 2004 Council Page 123 - '" Committee Reuorts (Cont'd) Municipal Planning Commission (Cont'd) Planner, Tammy Henry, Rod Potrie, of Planning Protocol Inc, and Jeet Shergill, of Zadi Investments Ltd., were in attendance at the meeting for the following item. New Items (Cont'd) b) 04 NL 007 - Pt. NE 1-18-15-W4 Plan 9411167 Block 5 -Division 5 K300 Financial Corp. (Owner) Rod Potrie, Planning Protocol Inc. (Applicant) Subdivision of Resort Multi-Family Residential Lot Moved by Councillor Musgrove that we recommend to the Subdivision Approval Authority approval of Subdivision Application 04 NL 007, to allow for the subdivision of a resort multi-family residential lot into 24 single-family residential lots, subject to the following conditions: 1. That all oil and gas company leases, rights of way and board orders, be carved forward, when the subdivision rnylar is registered at Land Titles Office. 2. The applicant providing easements to franchise utilities for services to the proposed parcels. The applicant may be responsible for the costs associated with the installation, removal or modification of services. 3. The applicant providing evidence of an approved 5tormwater Management Plan for ~-- the west side of Lake Newell Reservoir. Review and approval of the Stormwater Management Plan will be from the County of Newell Public Works Department. 4. The applicant entering into a development agreement for the development of this subdivision as identified under Section 655 of the Municipal Government Act. The preparation, registration and discharge of the caveat will be at the cost of the applicant. 5. 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. 6. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 7. The applicant providing and receiving approval of construction plans, if required by the County's Public Works Department. Such plans may include a Stormwater Management Plan, Lot Grading Plan, Infrastructure Plan and drawings depicting ditch and road profiles. 8. That all outstanding municipal taxes be paid prior to the endorsement. 9. Prior to endorsement of the subdivision plan, a Homeowner's Association is to be created to be responsible for any public utility lots and/or municipal reserve, with a caveat being registered on the titles showing the property being subject to the membership and obligations of the Homeowner's Association. 10. The applicant providing an Irrevocable Letter of Credit at a minimum of 125% of the gross construction costs including engineering design. 11. The applicant entering into an agreement with the existing Lake Newell Resort Condominium Association for the disposal of solid waste management for the ,.._ subdivision. May 20, 2004 Council Page 124 ~~ 12. The applicant providing the required 10% of municipal reserve for this subdivision. This area may be expanded for the creation of a dry pond if the Stormwater Management Plan requires another holding area for stormwater which will decrease the area used for the RV storage site accordingly. 13. The applicant providing a surface irrigation system. Moved by Councillor Vermeeren that we table this application. Carried. The Planner and the delegation left the meeting at this time. Subdivision and Development Appeal Board No report. Workshoy Session 1. Recognition of Service Policy Moved by Councillor Loewen that the Recognition of Service Policy be approved as presented. Councillor Daniels requested a recorded vote. For Division 2 Councillor Fabian Division 3 Councillor Musgrove Division 4 Councillor Vermeeren Division 5 Councillor Harbinson Division 6 Councillor Moss Division 7 Councillor Loewen Division 8 Councillor Eckert Division 9 Councillor Pickett Division 10 Reeve Baksa Against Division 1 Councillor Daniels Carried. 2. Workshop Summary Survey The Workshop Summary Survey was completed and will be returned. May 20, 2004 Council Page 125 v '"' Newell Regional Solid Waste Management Authority Councillor Loewen inquired about the possibility of getting a dumpster for the Rosemary area. It was suggested that she contact Ray Juska of Newell Regional Solid Waste Management Authority Ltd. in this regard. Urban Fringe Committee Reeve Baksa gave this report. Moved by Councillor Musgrove that all Councillors be allowed to attend the Open House being held on June 8, 2004 and be reimbursed as per policy. Carried. Road Ban Committee No report. Grievance Committee ~'^ No report. College Advisory Committee No report. Administration was requested to contact the College Advisory Committee to have meeting correspondence for Councillor Fabian e-mailed to the County of Newell. Red Deer River Basin Advisory Committee Councillor Musgrove gave this report. Bow River Basin Advisory Committee Councillor Vermeeren gave this report. May 20, 2004 Council Page 126 ~~ Bow River Council Councillor Vermeeren gave this report. F.C.S.S. Board Councillor Loewen gave this report. Palliser Economic Partnership No report. Reeional Services Councillor Musgrove and Reeve Baksa gave this report. Partners in Tourism Councillor Musgrove gave this report. 9-1-1 (Cont'd) Moved by Councillor Daniels that we suspend funding for the communications repeaters until we determine the cause of the problems regarding 9-1-1 communications, and until we know Palliser Health Region's plan regarding ambulance dispatching. Councillor Daniels requested a recorded vote. For Division 1 Councillor Daniels Division 2 Councillor Fabian Division 8 Councillor Eckert Against Division 3 Division 4 Division 5 Division 6 Division 7 Division 9 Division 10 Defeated. May 20, 2004 Councillor Musgrove Councillor Vermeeren Councillor Harbinson Councillor Moss Councillor Loewen Councillor Pickett Reeve Baksa Council Page 127 ~,"' G`~~-~ REEVE u~ r COUNTY ADMINISTRATOR i-- May 20, 2004 Council 11. Question Period/Notice of Motion A question period was held. 12. Information Items 1. Safety Committee Minutes 2. Mini-bus Report -April, 2004 13. Adiourn Moved by Councillor Moss that the meeting adjourn at 2:38 p.m. Carved. Page 128