HomeMy WebLinkAbout2005-03-14 Council (Regular) MinutesCOUNTY OF NEWELL NO. 4
.- MINUTES OF COUNCIL MEETING
MARCH 14, 2005
The regular Council Meeting of the County of Newell No. 4 was held in the
County Office at Brooks, AB on Thursday, March 14, 2005 commencing at
10:00 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 -February 24 2005
Minutes of the February 24, 2005 Council meeting were presented.
C-122/05 MOVED by Councillor Daniels that we adopt the minutes as presented.
MOTION CARRIED
3. CALL FOR POST AGENDA ITEMS
The Reeve called for post agenda items.
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4. ADOPTION OF AGENDA
C-123/05 MOVED by Councillor Nesbitt that we adopt the agenda as amended.
5. ASSISTANT ADMINISTRATOR'S REPORT
MOTION CARRIED
The Assistant Administrator presented his report for January to Council.
C-124/05 MOVED by Councillor Daniels that we accept this report.
MOTION CARRIED
6. ADMINISTRATOR'S REPORT
The Administrator presented his report for January to Council.
C-125/05 MOVED by Councillor Eckert that we accept this report.
7. BUSINESS FROM MINUTES
MOTION CARRIED
a) Citizen's Committee on Councillor Compensation & Expenses
-Recommendations
Administration submitted an amended Citizen's Committee Recommendation
report and Councillor's Compensation policy.
C-126/05 MOVED by Councillor Nesbitt that all Councillor meal receipts must be
submitted prior to reimbursement.
MOTION DEFEATED
C-127/05 MOVED by Councillor Wutzke that we accept the amended Councillor's
Compensation & Expenses Policy as presented.
C-128/05 MOVED by Councillor Eckert that we amend motion C-127/05 by adding
"and that we amend item #4 by changing $25.00 to state $30.00, $200.00
to state $210.00, and each meeting shall not exceed 7 hours".
C-129/05 MOVED by Councillor Vermeeren that we table motion C-128/05.
MOTION DEFEATED
March 14, 2005 Council ~ Page 2
,~-,C-130/05
C-131/05
C-132/05
MOVED by Councillor Daniels to call the question on motion C-128/05.
Vote on amendment C-128/05.
MOTION CARRIED
MOTION DEFEATED
MOVED by Councillor Vermeeren that we table motion C-127/05.
MOTION DEFEATED
MOVED by Councillor Daniels to call the question on motion C-127/05.
MOTION CARRIED
Vote on original motion C-127/05 MOTION CARRIED
b) Newell Intermunicipal Services Partnership Committee -Ratification
of Terms of Reference
A copy of the Terms of Reference, from the Newell Intermunicipal Services
Partnership Committee, was presented to Council.
.-~C-133/05 MOVED by Councillor Vermeeren that we ratify the Terms of Reference for
the Newell Intermunicipal Services Partnership Committee.
MOTION CARRIED
8.
March 14, 2005
CORRESPONDENCE
a) County of Warner -Wind Farms on Public Lands -Natural Areas and
Protected Land
A letter was presented to Council, from the County of Warner No. 5, asking
Council for their input regarding a situation where Community Development
& Sustainable Resource Development will not allow wind farms on protected
lands within the designation of "Heritage Rangeland".
Administration was directed to respond to the questions in the letter and to
include the following comments from Council:
^ This issue is more of a land use issue that should be addressed at the
local level,
^ Wind Farms should not be included in the definition of energy, and
^ Wind farm energy should be encouraged.
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Council Page 3
b) Rolling Hills Fire Department -Request for Requisition Increase
A letter from the Division 1 Volunteer Fire Department requesting a
requisition increase from $14,000.00 to $20,000.00 and a copy of the
financial statement for 2003-2004 was presented to Council. A notice will
be advertised for two weeks in both the Brooks Bulletin and the Bassano
Times and mailed to ratepayers in Division 1. Any comments received will
be reported at the March 24, 2005 Council meeting.
Excused from Meeting
Councillor Vermeeren excused himself from the meeting at 11:00 a.m.
c) Alberta Assessors Association -Request for Annual Convention Donation
A letter was presented to Council, from the Alberta Assessors' Association,
requesting a contribution for their 45"' Annual Convention.
C-134/05 MOVED by Councillor Daniels that we donate $200 to the Alberta Assessor's
Association for their 45`h Annual Convention.
MOTION CARRIED
Arrived at Meeting
Councillor Vermeeren returned to the meeting at 11:02 a.m.
Recess
Council recessed from 11:03 a.m. to 11:06 a.m.
9. PUBLIC HEARINGS
County Planner, Tammy Henry, arrived at 11:06 a.m.
a) #04 LUA 029 - Pt. SE 5-20-14-W4
A -Agricultural District to CR -Country Residential District
Reeve Douglass called the Public Hearing to order at 11:07 a.m.
The Administrator stated that the purpose of the Public Hearing was to hear
representations on Bylaw #1499-05, being a bylaw to amend Land Use
Bylaw #1443-03 to re-designate Pt. SE 5-20-14-W4 from A -Agricultural
District to CR -Country Residential District.
March 14, 2005 Council l . ~ Page 4
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~ The County Planner gave the background on this application.
As there was no public in attendance, Reeve Douglass did not review the
procedures that would be followed for the hearing.
Council was given the opportunity to ask questions of the County Planner.
Reeve Douglass declared that the Public Hearing be adjourned at 11:15
a.m.
b) #05 LUA 001 - Pt. SW 9-19-14-W4
I -Industrial District to DC -Direct Control District
Reeve Douglass called the Public Hearing to order at 11:16 a.m.
The Administrator stated that the purpose of the Public Hearing was to hear
representations on Bylaw #1501-05, being a bylaw to amend Land Use
Bylaw #1443-03 to re-designate Pt. SW 9-19-14-W4, from I- Industrial
District to DC -Direct Control District.
The County Planner gave the background on this application.
As there was no public in attendance, Reeve Douglass did not review the
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procedures that would be followed for the hearing.
Council was given the opportunity to ask questions of the County Planner.
There were no questions.
C-135/05 MOVED by Councillor Daniels that the Public Hearing be adjourned at 11:17
a.m.
MOTION CARRIED
10. BYLAWS
a) Bylaw #1499-05 - #04 LUA 029
C-136/05 MOVED by Councillor Wutzke that Bylaw #1499-05, being a bylaw to
amend Land Use Bylaw #1443-03 to re-designate Pt. SE 5-20-14-W4 from A
- Agricultural District to CR -Country Residential District, receive second
reading.
MOTION CARRIED
C-137/05 MOVED by Councillor Schroeder that Bylaw #1499-05, receive third and
final reading.
MOTION CARRIED
March 14, 2005 Council ~ ~ '`I/ Page 5
C-138/05 MOVED by Councillor Vermeeren that we deny the applicant's request to
waive the fees to amend the ]ohn Ware Trail Area Structure Plan.
MOTION CARRIED
b) Bylaw #1501-05 - #05 LUA 001
C-139/05 MOVED by Councillor Vermeeren that Bylaw #1501-05, being a bylaw to
amend Land Use Bylaw #1443-03 to re-designate Pt. SW 9-19-14-W4, from
I -Industrial District to DC -Direct Control District, receive second reading.
MOTION CARRIED
C-140/05 MOVED by Councillor Daniels that Bylaw #1501-05, receive third and final
reading.
MOTION CARRIED
County Planner, Tammy Henry, left the meeting at 11:38 a.m.
11. OTHER BUSINESS
a) Duchess Firehall -Division 3 & 8 Fire Capital
A letter was presented to Council, from Divisions 3 and 8 Duchess and Rural
Fire Area, requesting funds in the amount of $192,000.00 to construct a
new Firehall in the Village of Duchess. A notice will be advertised for two
weeks in both the Brooks Bulletin, the Bassano Times and mailed to
ratepayers in Divisions 3 & 8. Any comments received will be reported at
the March 24, 2005 Council meeting.
b) Division 7 Fire Requisition
A letter was presented to Council, from Division 7 Rosemary and Rural Fire
Area, requesting a requisition increase from $18,000.00 to $25,600.00. A
copy of the notice that has been advertised for two weeks in both the
Brooks Bulletin and Bassano Times and mailed to ratepayers in Division 7
was presented to Council. Administration submitted two written concerns
received from members of the public regarding this notice.
C-141/05 MOVED by Councillor Eastman that the County approve the requisition
increase for the Rosemary Rural Fire Area from $18,000.00 to $25,600.00,
commencing in 2005.
MOTION CARRIED
March 14, 2005 Council ~/~ '~ Page 6
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c) Subdivision & Development Appeal Board Workshops - 2005
Administration was directed to investigate the possibility of organizing a
Subdivision & Development Appeal Board Workshop in Brooks. Proposed
dates include April 22"d, April 25tH, April 27tH & April 28tH
12. CHEQUES FOR PAYMENT
C-142/05 MOVED by Councillor Philipsen that cheques #152315-152316, #152318-
152446, and #152448-152503 in the amount of $794,203.45 and Direct
Debit Batch #9062, in the amount of $49,812.28 be approved.
MOTION CARRIED
14. POST AGENDA ITEMS
a) Vulcan County -Oilfield Trucking and Municipal Roads Meeting
A letter was presented to Council, from Vulcan County, inviting the County
to attend a workshop regarding oilfield trucking and municipal roads.
C-143/05 MOVED by Councillor Vermeeren that the Superintendent of Public works
.-, and Municipal Committee Chairman attend the workshop on oilfield trucking
and municipal roads to be held on April 1, 2005 in Vulcan.
MOTION CARRIED
b) Southeast Mayor's and Reeve's Association Meeting
The Reeve updated Council on the following topics discussed at the Mayor's
and Reeve's Association Meeting held on March 2, 2005:
^ Provincial takeover of ambulances,
^ Provincial and federal infrastructure funding,
^ Importance of financial auditors annually meeting with municipal
Council's, P~~s~~-f ~yst~~ ~4~
^ Justice of Peaces L,.~ ,~ ,
^ Decreases in provincial library funding,
^ Canadian Badlands Concept -the need to promote outside local
jurisdictions, and
^ Next meeting date -May 11, 2005.
Lunch
,-- Council recessed for lunch from 12:08 p.m. to 1:02 p.m.
Mazch 14, 2005 Council /~/~i ~ Page 7
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c) TransCanada Pipelines Meeting
Reeve Douglass and the Administrator updated Council about the meeting
they attended with TransCanada Pipelines. TransCanada Pipelines plans to
construct an oil pipeline project entitled the "TransCanada Keystone Pipeline
Project", which would consist of approximately 3000 KM of pipeline, to be
constructed by the year 2009. TransCanada Pipelines also mentioned that
they may require approximately 15 compressor stations, but are not sure
where they would be located at this time.
d) March 30, 2005 -Rural Transportation Grant Meeting
Councillor Daniels informed Council that there is a Rural Transportation
Grant meeting scheduled to be held on March 30, 2005 at the AAMD&C
headquarters in Nisku.
C-144/05 MOVED by Councillor Nesbitt that Councillor Daniels be permitted to attend
the Rural Transportation Grant meeting to be held on March 30, 2005, as a
function of Council, and that the hotel expenses for March 29t" be
reimbursed in accordance to County policy.
MOTION CARRIED
e) Newell Foundation Member
Councillor Daniels informed Council that he would like to resign as one of
our representations to the Newell Foundation.
C-145/05 MOVED by Councillor Vermeeren that Councillor Wutzke be appointed to
replace Councillor Daniels as one of our representatives to the Newell
Foundation.
MOTION CARRIED
f) FCM -Missile Defence
Councillor Daniels mentioned that he does not support Paul Martin's position
on Missile Defence. Councillor Daniels expressed his concern with the
involvement of the Federation of Canadian Municipalities, regarding the
resolution on Missile Defence, and how member municipalities may be
represented or portrayed.
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March 14, 2005 Council Page 8
,e- g) Black Sheep Promotions -Grade 4 Aa. Fair
Councillor Eckert informed Council that Black Sheep Promotions will be
hosting the 4th Annual Grade 4 Ag. Fair scheduled to be held on April 15,
2005.
C-146/05 MOVED by Councillor Eckert that we donate $1500.00 to Blacksheep
Promotions for the Grade 4 Ag. Fair.
C-147/05 MOVED by Councillor Vermeeren that we table motion C-146/05.
MOTION CARRIED
13. DELEGATION -George Virtue. YPM - 2004 Financial Statements/Audit
Finance Officer, Susan Shigehiro, and George Virtue arrived at 1:30 p.m.
Council was presented with the Financial Statements for the year ended
December 31, 2004. Mr. Virtue reviewed the 2004 Financial Statements,
Financial Information Return and the Auditors' Report. Mr. Virtue also
mentioned that there will be a day session conducted to assist municipal
officials on how to interpret financial statements, liability issues, and general
,- financial information. Mr. Virtue will inform Administration when this session
will be held.
C-148/05 MOVED by Councillor Vermeeren to accept the 2004 Financial Statements
and Financial Information Return for the year ended December 31, 2004 as
presented.
MOTION CARRIED
The Finance Officer will compile financial information for ratepayers. The
Reeve, Agricultural Service Board Chairman and Municipal Committee
Chairman were asked to provide their reports to Administration by Monday,
March 21, 2005.
Susan Shigehiro and George Virtue left the meeting at 2:55 p.m.
Arrived at Meeting
County Planner, Tammy Henry, arrived at 2:56 p.m.
Cameron Christianson, Midwest Surveys arrived at 2:57 p.m.
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March 14, 2005 Council Page 9
15. COMMITTEE REPORTS
Municipal Planning Commission
2. New Items
e) #05 NL 002 - Pt. NW 23-18-16-W4
Eastern Irrigation District (Owner)
Cameron Christianson, Midwest Surveys (Applicant)
To Subdivide Approximately 4.6 ha (11.36 ac) with a Farm Home
and Accessory Buildings from a Larger Agricultural Parcel
C-149/05 MOVED by Councillor Vermeeren that we recommend to the Subdivision
Authority approval of Subdivision #05 NL 002, to subdivide approximately
4.6 ha (11.36 ac) with a farm home and accessory buildings from a larger
agricultural parcel, 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 the
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 consolidation of part of road closure plan 2847 B.M. with the
subdivided parcel.
4. 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.
5. The applicant meeting all the requirements of the Eastern Irrigation
District with respect to the conveyance of water as well as easements,
if required.
6. The applicant entering into a Rural Water Use Purposes Agreement
with the Eastern Irrigation District and providing evidence of this
agreement, if required.
7. That all outstanding municipal taxes be paid prior to the
endorsement.
MOTION CARRIED
Cameron Christianson left the meeting at 3:00 p.m.
Arrived at Meetin4
Ron Switzer arrived at 3:03 p.m.
March 14, 2005 Council Page 10
,,.-. g) #05 NL 001 - Pt. NW 19-18-14-W4
Dean & Terri Martin (Owners)
Ron Switzer, Olympia Engineering (Applicant)
Phase 2 of the Martin Industrial Subdivision
Approximately 42.67 ha (105.45 ac) Into 12 Industrial Lots
C-150/05 MOVED by Councillor Vermeeren that we recommend to the Subdivision
Authority approval of Subdivision #05 NL 001, to allow for phase 2 of the
Martin Industrial Subdivision of approximately 42.67 ha (105.45 ac) into 12
industrial 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 the
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 consolidation, by plan, of the cut-off area south of the Eastern
Irrigation District drain with SW 19-18-14-W4.
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 and registration and
discharge of the caveat will be at the cost of the applicant.
.-. 5. 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.
6. The applicant meeting any requirements of the Eastern Irrigation
District with respect to the conveyance of water as well as easements.
7. That all outstanding municipal taxes be paid prior to the
endorsement.
MOTION CARRIED
Ron Switzer left the meeting at 3:10 p.m.
Municipal
a) Lease of Road -North of Lot 9, Block 1, Plan 9010982
(SW 9-19-14-W4)
C-151/05 MOVED by Councillor Vermeeren that Bylaw #1507-05, being a bylaw for
the purpose of closing to public travel and leasing that portion of road
allowance lying North of Lot 9, Block 1, Plan 9010982 of SW 9-19-14-W4,
receive first reading.
MOTION CARRIED
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March 14, 2005 Council Page 11
Municipal Planning Commission - Cont'd --
1. Old Items
a) Bylaw #1486-04 -File #04 LUA 23
A -Agricultural District to HWY C -Highway Commercial District
This item was not lifted from the table.
2. New Items - Cont'd
a) #05 LUA 002 - Pt. NW 25-18-15-W4, SW 36-18-15-W4
Parcels A & B, Plan 1080FE
Alta Link (Owner) Doug Bell (Applicant)
From A -Agricultural District to CR -Country Residential District
C-152/05 MOVED by Councillor Schroeder that Bylaw #1503-05, being a bylaw to
amend Land Use Bylaw #1443-03 to re-designate Pt. NW 25-18-15-W4, SW
36-18-15-W4, Parcels A & B, Plan 1080FE from A -Agricultural District to
CR -Country Residential District, receive first reading.
MOTION CARRIED
b) #05 LUA 003 - Pt. SW 13-17-17-W4 Plan 8410810, Block 1, Lot 22
590110 Alberta Ltd (Owner)
David & Cheryl Andrews (Applicants)
From HR -Hamlet Residential District to HC -Hamlet Commercial District
C-153/05 MOVED by Councillor Wutzke that Bylaw #1504-05, being a bylaw to
amend Land Use Bylaw #1443-03 to re-designate Pt. SW 13-17-17-W4,
Plan 8410810, Block 1, Lot 22 from HR -Hamlet Residential District to HC -
Hamlet Commercial District, receive first reading.
MOTION CARRIED
C-154/05 MOVED by Councillor Daniels that we waive the $600.00 application fee for
File#05 LUA 003.
MOTION DEFEATED
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March 14, 2005 Council Page 12
,.- c) #05 LUA 004 - Pt. NW 12-20-15-W4
Gerald Trembecki (Owner & Applicant)
From A -Agricultural District to CR -Country Residential District
C-155/05 MOVED by Councillor Vermeeren that Bylaw #1505-05, being a bylaw to
amend Land Use Bylaw #1443-03 to re-designate Pt. NW 12-20-15-W4 from
A -Agricultural District to CR -Country Residential District, receive first
reading.
C-156/05 MOVED by Councillor Schroeder that we table motion C-155/05.
MOTION DEFEATED
Vote on original motion C-155/05 -MOTION CARRIED
Recess
C-157/05 MOVED by Councillor Philipsen that we recess the meeting at 3:50 p.m. and
that we reconvene on March 24, 2005, at 10:00 a.m.
MOTION CARRIED
,.-. Arrived at Meetin4
County Planner, Tammy Henry, arrived at 10:07 a.m.
Ron Switzer arrived at 10:08 a.m.
Municipal Plannin4 Commission - Cont'd
2. New Items - Cont'd
d) #05 LUA 005 - Pt. NW 27-21-19-W4
Joel Bulger (Owner & Applicant)
From A -Agricultural District to RUR -Rural Residential District
C-158/05 MOVED by Councillor Vermeeren that Bylaw #1506-05, being a bylaw to
amend Land Use Bylaw #1443-03 to re-designate Ptn. NW 27-21-19-W4
from A -Agricultural District to RUR -Rural Residential District, receive first
reading.
MOTION CARRIED
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March 14, 2005 Council Page 13
f) #05 NL 003 - Pt. NW 24-15-16-W4
S & K Farms Ltd (Owner) Stephen & Kim Anderson (Applicants)
Subdivision of a Rural Residential Lot From Agricultural Land
C-159/05 MOVED by Councillor Schroeder that we recommend to the Subdivision
Authority approval of Subdivision #05 NL 003, to allow for the subdivision of
a Rural Residential lot from Agricultural Land, subject to the following
co nditions:
1. That all oil and gas company leases, rights of way and board orders,
be carried forward, when the subdivision mylar is registered at the
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 consolidation, by plan, of the remnant parcel with the north half
of 24-15-16-W4.
4. The applicant entering into an agreement with the County for the
installation, removal and/or upgrade of any required road approaches
to the proposed and/or remnant parcels.
5. The applicant meeting any requirements of the Eastern Irrigation
District with respect to the conveyance of water as well as easements.
6. The applicant entering into a rural water use purposes agreement
with the Eastern Irrigation District and providing a copy of this
agreement to the County prior to endorsement.
7. The applicant signing the declaration noted in the County's Municipal
Development Plan, Bylaw#1442-03, policy 3.7.c.
8. That all outstanding municipal taxes be paid prior to the
endorsement.
MOTION CARRIED
h) Dahl Estates -Area Structure Plan
C-160/05 MOVED by Councillor Vermeeren that Bylaw #1511-05, being a
bylaw to adopt the Dahl Estates Area Structure Plan, receive first
reading.
MOTION CARRIED
Council discussed that there may be a potential for noise from the irrigation
units. Mr. Switzer mentioned that this could be addressed in the
development agreement.
Ron Switzer left the meeting at 10:30 a.m.
March 14, 2005 Council ~y ,~
Page 14
,.- The County Planner will incorporate a clause in the Dahl Estates Area
Structure Plan stating that any costs incurred in relation to noise protection
for the irrigation units shall be the responsibility of the applicant. Council
also requested that the same condition be added to the subdivision
application.
County Planner, Tammy Henry, left the meeting at 10:35 a.m.
Workshop Session
a) Road Ban Permits Policy - M-02-02
Administration submitted an amended policy entitled "Road Ban Permits"
C-161/05 MOVED by Councillor Eckert that we adopt policy #M-02-02 entitled "Road
Ban Permits" with the following amendment: that "potable water" be
changed to "treated drinking water" in item #3.
MOTION CARRIED
14. POST AGENDA ITEMS - CONT'D
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h) Dog Bylaw
Administration was requested to include an article in the next County
newsletter stating the process for filing dog complaints.
i) AIPA Conference
Councillor Vermeeren informed Council about the items that the guest
speakers discussed at the AIPA Conference, which included:
^ How water and our natural capital will shape the way our society
looks and behaves in the future,
^ How to best achieve conservation and meet new and emerging water
needs,
• The roles that we each need to play in building a sustainable future,
^ Lessons learned about water and conservation,
^ Measures for increased water productivity,
• Drought proofing our prairie future,
• Managing downstream & upstream interests,
^ Fitting irrigation into the Water for Life Strategy,
^ Listening to the people,
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March 14, 2005 Council Page 15
^ Fishing Alberta -recreation and the irrigation story, -
^ Fecal coliforms in surface water,
^ Water conservation and economic growth, and
^ Watershed management lessons from the cradle of civilization,
j) Minibus
Council was informed that the Handibus was out of service for the week of
March 7 to 11, 2005 for repairs.
k) Workshops to Help Boost Farm Incomes
Councillor Nesbitt suggested that ASB or economic development could
consider hosting similar workshops.
16. QUESTION PERIOD/NOTICE OF MOTION
A question period was held.
17. INFORMATION ITEMS
1. February -Minibus
18. IN CAMERA
There were no In Camera items.
19. AD70URN
C-162/05 MOVED by Councillor Schroeder that the meeting adjourn at 11:08 a.m.
MOTION CARRIED
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REEVE
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COUNTY ADMINISTRATOR
March 14, 2005 Council Page 16