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Home My WebLink About2004-12-09 Council (Regular) MinutesCounty of Newell No. 4 ''~ Minutes of Council Meeting December 9, 2004 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, December 9, 2004 commencing at 10:02 a.m. Members Present Reeve M. Douglass Councillors W. Daniels I. Schroeder A. Philipsen C. Vermeeren M. Nesbitt S. Evans A. Eastman A. Eckert H. Wutzke Administrator A. Martens Assistant Administrator N. Moriyama Executive Assistant C. Isaac ~'` 1. Excused from Meeting All members were in attendance at this meeting. 2. Minutes Council Minutes -November 25, 2004 Minutes of the November 25, 2004 Council meeting were presented. Moved by Councillor Nesbitt that we adopt the minutes as amended. Carried. 3. Call for Post Agenda Items The Reeve called for post agenda items. 4. Adoption of A eg nda Moved by Councillor Philipsen that we adopt the agenda as amended. Carried. .,_. ~ ~~. 5. 6 7 Assistant Administrator's Report The Assistant Administrator presented his report for November to Council. Moved by Councillor Eastman that we accept this report. Carried. Administrator's Report The Administrator presented his report for November to Council. Moved by Councillor Vermeeren that we accept this report. Carried. Business From Minutes 1. Village of Duchess -Landfill Reclamation Cost Sharing This item was not lifted from the table. 2. Newell Community Action Group This item was not lifted from the table. 3. Notice of Motion -Per Diems for Grasslands Regional F C S S Member-At-Large Administration submitted a report listing Boards and Committees that contain members- at-large and noting whether or not these members are paid per diems. Moved by Councillor Daniels that the member-at-large appointed to the Grasslands Regional FCSS Board be paid per diems as per County policy. Carried. 4. Scandia Playground - Request for Hauling Dirt Administration informed Council that the Eastern Irrigation District has agreed to haul the dirt for the Scandia Playground project; therefore, there is no further request for assistance from the County. 5. Council Meeting Date -December 23, 2004 Moved by Councillor Nesbitt that we cancel the Council meeting scheduled for December 23, 2004. Carried. December 9, 2004 Council ~, `~ Page 2 7. 8. Business From Minutes - Cont'd 6. Municipal Budget Committee Administration submitted a report to Council which provided a recommended calculation to be used as a base to reduce the 2005 operating expenditures by 5%. Councillor Schroeder accepted a friendly amendment to the following postponed motion: "Moved by Councillor Schroeder that Administration attempt to reduce the 2005 operating expenditures by 5%"; that deleted "5%" and replaced it with "$386,741 without reducing services." Moved by Councillor Eckert that we postpone the vote on this motion. Carried. Delegation -Chamber of Commerce -Bruce Tiegs Bruce Tiegs was in attendance at the meeting and arrived at 10:48 a.m. Mr. Tiegs presented a partnership proposal to Council, as follows: - A portion of all business license fees would be allocated to the Chamber of Commerce with the County retaining a percentage of these fees for administrative costs. - By receiving these funds the Chamber of Commerce would assume the lead role for Tourism and Economic Development. - By paying the fee to obtain a business license, business owners will also receive the added benefit of becoming a member of the Chamber of Commerce. - A Tourism Director and Economic Development Officer would be hired from the business license fees. - The budget would depend on the funding agreements established. Mr. Tiegs invited Council to meet with Town of Brooks and Chamber of Commerce representatives after the Chamber Luncheon to be held on December 15, 2004. Bruce Tiegs left the meeting at 11:15 a.m. This item was referred to later in the meeting. December 9, 2004 Council r 1 ,,.. ~ Page 3 9. Public Hearings County Planner, Tammy Henry, was in attendance at the meeting and arrived at 11:16 a.m. 1. #04 TA 003 -Land Use Bylaw -Text Amendment Amend Definition of Petro-Chemical Processing Facility Reeve Douglass called the Public Hearing to order at 11:17 a.m. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw #1490-04, being a bylaw to amend Land Use Bylaw 1443-03 by amending the definition ofPetro-Chemical Processing Facility. The Planner gave the background on this application. As there was no public in attendance, the Reeve did not review the procedures that would - be followed for this hearing. Council was given the opportunity to ask questions of the Planner. There were no questions. Reeve Douglass declared that the Public Hearing be adjourned at 11:19 a.m. 2. #04 LUA 025 - Pt. NW 23-18-16-W4 A -Agricultural District to RUR -Rural Residential District Reeve Douglass called the Public Hearing to order at 11:20 a.m. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw #1491-04, being a bylaw to amend Land Use Bylaw 1443-03 to re-designate Pt. NW 23-18-16-W4 from A -Agricultural District to RUR -Rural Residential District. December 9, 2004 Council Page 4 -- !/~ `~~~~ '- The Planner gave the background on this application. As there was no public in attendance, the Reeve did not review the procedures that would be followed for this hearing. Council was given the opportunity to ask questions of the Planner. Reeve Douglass declared that the Public Hearing be adjourned at 11:23 a.m. 10. Bylaws 1. Bylaw #1490-04 -File #04 TA 003 Moved by Councillor Daniels that Bylaw #1490-04, being a bylaw to amend Land Use Bylaw 1443-03 by amending the definition of Petro-Chemical Processing Facility, receive second reading. Carried. ~" Moved by Councillor Vermeeren that Bylaw #1490-04, receive third and final reading. Carried. 2. Bylaw #1491-04 -File #04 LUA 025 Moved by Councillor Vermeeren that Bylaw #1491-04, being a bylaw to amend Land Use Bylaw 1443-03 to re-designate Pt. NW 23-18-16-W4 from A -Agricultural District to RUR -Rural Residential District, receive second reading. Carried Moved by Councillor Eckert that Bylaw #1491-04, receive third and final reading. Carried. County Planner, Tammy Henry, left the meeting at 11:25 a.m. ~.1~^~`~ December 9, 2004 Council Page 5 7. Business From Minutes - Cont-d 6. Municipal Budget Committee - Cont'd Council voted on the following motion: "Moved by Councillor Schroeder that Administration attempt to reduce the 2005 operating expenditures by $386,741 without reducing services." Carried. 8. Delegation - Chamber of Commerce -Bruce Tiegs - Cont'd Moved by Councillor Daniels that Council attend a meeting with Town of Brooks and Chamber of Commerce representatives at 1:00 p.m. on December 15, 2004, after the Chamber of Commerce luncheon, as a function of Council and suggested that the Chamber also invite the other municipalities within the County. Carried. 11. Correspondence 1. Brooks & District Chamber of Commerce -Educational Benefits for Refu eg e & Immigration Status Individuals A letter was presented to Council, from the Brooks & District Chamber of Commerce, which informed Council that the Chamber is in the process of submitting a proposed resolution requesting that funding provided to refugee and immigration status individuals, for educational benefits, be allocated to the areas they are residing in, rather than the funds remaining at the Port of Entry. Council was also asked to review a list of problems that refugees or immigrates are facing, and to provide the Chamber with any background information that may support these concerns. Moved by Councillor Eckert that a letter be sent to the Chamber of Commerce supporting their initiative and requesting a copy of the resolution once it is drafted. Carried. 13. Other Business 1. Citizen's Committee on Councillor Compensation & Expenses Administration distributed a report to Council which listed the applications submitted for the Citizen's Committee on Councillor Compensation & Expenses and requested that Council select five applications for membership to this Committee. December 9, 2004 Council ~, Page 6 ~~~ '" Moved by Councillor Daniels that we select one application from each Division submitted. Carried. Moved by Councillor Vermeeren that the following members be appointed to the Citizen's Committee on Councillor Compensation & Expenses: - Division 2 -Gordon Peterson - Division 3 -Scott Sewall - Division 5 -Greg Harty - Division 6 -Ruth Steinbach - Division 10 -Fred Barg Carried. 2. Verify Attendance at 2005 ASB Conference The ASB Members were asked to confirm their attendance at the 2005 ASB Conference to be held on January 25-27, 2004, in Red Deer. Lunch ~'"' Council recessed for lunch from 12:05 p.m. to 12:58 p.m. 13. Other Business - Cont'd 3. 2003 Financial Indicator Graphs The 2003 Financial Indicator Graphs, conducted by Alberta Municipal Affairs, were presented to Council as information. Excused from Meeting Executive Assistant, Corrina Isaac, excused herself from the meeting at 1:20 p.m. Arrived at Meeting Administrative Secretary, Susan Yokoyama, was in attendance at the meeting and arrived at 1:20 p.m. ~--, December 9, 2004 Council ` Page 7 ~,.__~ 15 12. Post Agenda Items 1. Road Workshop -December 14, 2004 Councillor Nesbitt advised Council that Darrell Camplin, from Alberta Infrastructure & Transportation, would like to provide Council with an overview of how they evaluate projects. He also suggested that a tour of the County roads would be beneficial. Administration is to contact Mr. Camplin and see if he would be available to attend the Roads Workshop meeting to be held on December 14, 2004. Delegation -Midwest Surveys -Cam Christianson Cam Christianson, Whaley & Doug Mar, and County Planner, Tammy Henry, were in attendance at the meeting and arrived at 1:34 p.m. #04 NL 012 - Pt. NW 22-18-15-W4 -Division 5 Whaley & Doug Mar (Owners) Cam Christianson, Midwest Surveys (Applicant) Subdivide approximately 31.88 ha (78.78 ac) for an Industrial Subdivision Moved by Councillor Vermeeren that we recommend to the Subdivision Approval Authority approval of Subdivision #04 NL 012, to allow for the subdivision of approximately 31.88 ha (78.78 ac) for an Industrial Subdivision, 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 a 9.5 metre easement to franchise utilities for services to the proposed parcels, if required. The applicant may be responsible for the costs associated with the installation, removal or modification of services. 3. 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. 4. The applicant providing and receiving approval of construction plans, if required, by the County's Public Works Department. Such plans may include: storm water management plan, lot grading plan, infrastructure plan, and drawings depicting ditch and road profiles. 5. The applicant entering into an agreement with the County of Newell for the installation, removal and/or upgrade of any required road approaches to the proposed and/or remnant parcels. 6. The applicant meeting any requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. December 9, 2004 Council Page 8 '^ 7. The applicant providing municipal reserve in the form of cash-in-lieu. The amount will be determined at the time of endorsement by the municipality. The applicant may provide an appraisal conducted by the certified professional to determine market value of land. 8. That all outstanding municipal taxes be paid prior to the endorsement. 9. The applicant providing anumbering/addressing system in accordance with County policy for this subdivision. Carried. Cam Christianson, Whaley & Doug Mar, and County Planner, Tammy Henry, left the meeting at 1:49 p.m. 13. Other Business - Cont'd 4. 2005 Capital Budget A copy of the 2005 Capital Budget was presented to Council. r-- Moved by Councillor Eckert that 50% of the $386,741 to be reduced in the Operating Budget come from the Capital Budget. Councillor Vermeeren requested a recorded vote. For Division 8 Councillor Eckert Against Division 1 Division 2 Division 3 Division 4 Division 5 Division 6 Division 7 Division 9 Division 10 Defeated. Councillor Daniels Councillor Schroeder Councillor Philipsen Councillor Vermeeren Councillor Nesbitt Councillor Evans Councillor Eastman Reeve Douglass Councillor Wutzke December 9, 2004 Council Y~~~v \_./'' Page 9 Moved by Councillor Vermeeren that we accept the 2005 Capital Budget as presented. Carried. 5. 2005 Interim Operating Budget Moved by Councillor Vermeeren that we adopt the 2004 Operating Budget as the 2005 Interim Operating Budget. Carried. 14. Chedues for Payment Moved by Councillor Daniels that cheques #151807-151929, #151931-151974, in the amount of $281,086.12, and Direct Debit Batch #8741 in the amount of $96,505.78 be approved. Carried. 15. Post Agenda Items - Cont'd 2. John Miller -Alberta's Centennial A letter was presented to Council, from John D. Miller, suggesting a project for the Alberta's Centennial Program where signs be installed to help give people directions. Council referred this item to the next Workshop Session meeting to be held on January 4, 2005. Arrived at Meeting Executive Assistant, Corrina Isaac, was in attendance at the meeting and arrived at 2:12 p.m. Excused from Meeting Administrative Secretary, Susan Yokoyama, excused herself from the remainder of the meeting at 2:19 p.m. December 9, 2004 Council Page 10 -- ,-- 15. Post Agenda Items - Cont'd 3. Alberta Municipal Affairs -Invitation to Reeve to Attend an Information Session with Rob Renner Minister of Municipal Affairs A letter was presented to Council, from Alberta Municipal Affairs, inviting the Reeve to attend an information session that will be held with Rob Renner, Minister of Alberta Municipal Affairs. Moved by Councillor Vermeeren that the Reeve or her designate attend an information session, to be held by Alberta Municipal Affairs, as a function of Council. Carried. 4. AAMD&C -Discussion Paper on Topography Based Setbacks for Confined Feeding_Operations Agricultural Fieldman, Steve Wylie, was in attendance at the meeting and arrived at 2:21 p.m. A discussion paper was presented to Council regarding possible variations to Minimum '~" Distance Separations (MDS) for Confined Feeding Operations (CFO's), to account for varying topography and plant cover and its impact on odour dispersion. Agricultural Fieldman, Steve Wylie, informed Council about the AOPA (Agricultural Operations Practices Act) and the involvement of the NRCB (Natural Resource Conservation Board) in CFO's. Steve Wylie explained how the NRCB is currently setting guidelines for CFO's to take into consideration odour dispersion factors. The four topography classes were reviewed with Council. Moved by Councillor Vermeeren that we support this document. Carried. Agricultural Fieldman, Steve Wylie, left the meeting at 2:35 p.m. 5. Brooks Rural Fire Protection Association -Brooks Fire Department Request for Financial Assistance For The Purchase of a Brush Bu~~y A letter was presented to Council, as information, from the Brooks Rural Fire Protective Association, regarding the potential purchase of a Brush Buggy. r /^' December 9, 2004 Council ` Page 11 6. Lake Newell Resort -Funding Request From the Public Reserve Trust Fund for The Installation of a Play ound A letter was presented to Council, from the Lake Newell Resort Owner's Condominium Association, requesting that the County contribute $30,689.90 (without GST) towards the construction of a playground. Administration also submitted a summary of account transactions for the public reserve trust fund account from December 31, 1999 to November 30, 2004. Moved by Councillor Nesbitt that we donate $30,689.90 (without GST) from the public reserve trust fund, to the Lake Newell Resort Owner's Condominium Association for the playground project requested; that we allow the playground to be constructed on municipal reserve parcel, Block 10, Plan 9411167; and that all invoices be paid by the County of Newell so that the GST can be recovered. Carried. 16. Committee Reports Municipal 1. Wells Ranching Company Ltd. -Road Allowance Lease Moved by Councillor Vermeeren that Bylaw #1496-04, being a bylaw for the purpose of closing to public travel and leasing that portion of road allowance lying East of SE 18-19-14-W4, receive first reading. Carried. Municipal Planning Commission County Planner, Tammy Henry, was in attendance at the meeting and arrived at 3:05 p.m. 1. Old Items a) By-law 1427-03 - Bantry Bay Land Use Amendment Moved by Councillor Vermeeren that the following motion be lifted from the table: "Moved by Councillor Vermeeren that Bylaw #1427-03 receive third and final reading." Carried. Vote on motion -Defeated. December 9, 2004 Council Page 12 -~ ''~ b) Bylaw #1486-04 -File #04 LUA 23 From A -Agricultural District to HWY C - Highway Commercial District Moved by Councillor Eastman that the following motion be lifted from the table: "Moved by Councillor Vermeeren that Bylaw #1486-04, being a bylaw to re-designate Pt. N''/2 & SE 34-18-14-W4 from A -Agricultural District to HWY C -Highway Commercial District, receive second reading." Carried. The County Planner distributed a letter to Council, from Alberta Infrastructure & Transportation, stating that this application should not proceed until the following items have been addressed: - Endorsement of the One Tree Road Area Structure Plan (OTRASP), - Preparation of a Concept Plan; and - Submission of a Traffic Impact Assessment The County Planner was asked to respond to Alberta Infrastructure & Transportation with comments regarding regular procedures that have been followed in the past for Land Use Amendments. %"' Moved by Councillor Vermeeren that we table this motion. Carried. 2. New Items a) #03 LUA 003 - Pt. SW 5-18-14-W4 -Division 5 Elizabeth Redelback (Owner) Ron Redelback (Applicant) From A -Agricultural District to DC -Direct Control District Moved by Councillor Vermeeren that Bylaw #1494-04, being a bylaw to re-designate approximately 29.3 acres from A -Agricultural District to DC -Direct Control District, receive first reading. Carried. b) #04 LUA 026 - Pt. S '/z 19-19-14-W4 -Division 10 Lakeside Feeders, Ltd. (Owner) Brent Altwasser/Doug Bell (Applicant) From A -Agricultural District to AI -Agricultural Industrial District The County Planner distributed a letter to Council, from Alberta Infrastructure & Transportation stating that the there are no concerns or objections regarding this item and offered comments on the access to Highway #1. ,~--~ December 9, 2004 Council Page 13 Moved by Councillor Schroeder that bylaw #1492-04, being a bylaw to re-designate approximately 67.5 ha (166.8 ac) from A -Agricultural District to AI -Agricultural ---- Industrial District, receive first reading. Carried. Excused from Meeting Councillor Nesbitt excused herself from the remainder of the meeting at 3:30 p.m. c) #04 LUA 027 - Pt. NW 16-18-13-W4 -Division 2 G.W. Murray Ranches, Ltd. (Owner) Cory Higham, CCS Energy Services (Applicant) From A -Agricultural District to I -Industrial District Moved by Councillor Vermeeren that bylaw #1493-04, being a bylaw to re-designate approximately 8.09 ha (20.0 ac) from A -Agricultural District to I -Industrial District, receive first reading. Carried. Councillor Vermeeren reported that the Municipal Planning Commission refused a variance request regarding the keeping of horses, and that this issue may come back to the Subdivision & Development Appeal Board for an appeal. County Planner, Tammy Henry, left the meeting at 3:33 p.m. Workshop Session No report. Brooks & District Ambulance Association Reeve Douglass reported that a meeting was held on November 25, 2004, and that there is still a lot of discussion to take place on the takeover of the ambulances by the Province. Newell Regional Solid Waste Man.~ement Authority Councillor Wutzke informed Council that there will be a tour held at the landfill on December 16, 2004, for new Authority members. Moved by Councillor Vermeeren that Councillor Wutzke be permitted to attend the landfill tour as a function of Council. Carried. ~- December 9, 2004 Council ~ Page 14 _.~ iV ~~,' 9-1-1 Reeve Douglass reported that an emergency meeting will take place next week. Foothills Regional Emergency Medical Services (FREMS) and IP Plus met with the Committee last night. The 9-1-1 Committee is currently investigating why IP Plus is charging an additional~$2~;666':66 above the original quote. i ~,~~ Grasslands Regional FOSS A letter was presented to Council, from Grasslands Regional Family & Community Support Services, regarding the 2005 budget that was approved, and updates for initiatives that are currently pending and outlining the 2005 allocation. Councillor Wutzke reported that he attended a meeting on December 1, 2004, where the 2005 FCSS agency funding was allocated. Palliser Economic Partnership Councillor Daniels reported that the Palliser Economic Partnership asked companies to '" bid on a proposal to identify value added agriculture opportunities. Division 5 & 10 Recreation Board Councillor Wutzke reported that a meeting was held last night. Applications were reviewed and funding was held at $80,000, with $65,000 allocated to the Town of Brooks, $10,000 allocated to Silver Sage Corral, and $5,000 allocated to Cassils Community Centre. 2005 Award's Night Ad Hoc Committee Councillor Philipsen reported that February 5, 2005, is the date established for the awards night. Moved by Councillor Eckert that we extend an invitation to our former Councillors and their spouses to attend the awards banquet to be held on February 5, 2005, and that we include any members-at-large that have retired since that time. Defeated. ,-- December 9, 2004 Council ~ '~ Page 15 ti 17. Question Period/Notice of Motion A question period was held. 18. Information Items 1. November -Minibus Arrived at Meeting County Planner, Tammy Henry, was in attendance at the meeting and arrived at 4:04 p.m. 19. In Camera Moved by Councillor Vermeeren that we move in camera. Carried. Moved by Councillor Vermeeren that we move out of camera. Carried. Excused from Meeting County Planner, Tammy Henry, left the meeting at 4:14 p.m. 20. Adjourn Moved by Councillor Eckert that the meeting adjourn at 4:15 p.m. Carried. REEVE ~~~ COUNTY ADMINI RATOR December 9, 2004 Council Page 16