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HomeMy WebLinkAbout2006-03-09 Council (Regular) Minutes~--- COUNTY OF NEWELL N0.4 MINUTES OF COUNCIL MEETING MARCH 9, 2006 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, March 9, 2006 commencing at 10:04 a.m. MEMBERS PRESENT: COUNCILLORS: M. Douglass, Reeve W. Daniels I. Schroeder A. Philipsen C. Vermeeren M. Nesbitt S. Evans A. Eastman A. Eckert STAFF: A. Martens, Administrator N. Moriyama, Assistant Administrator B. Broomfield, Executive Assistant OTHERS IN ATTENDANCE: K. Rothbauer, Brooks Bulletin R. Kiedrowski, Brooks & County Chronicle C-91106 1. EXCUSED FROM MEETING MOVED BY COUNCILLOR A. ECKERT that Councillor Wutzke be excused from the meeting. MOTION CARRIED f+a MINUTES Council Minutes -February 23, 2006 C-92/06 MOVED BY COUNCILLOR A. EASTMAN that the February 23, 2006 Council minutes be adopted as presented. MOTION CARRIED m~ Regular Council Minutes Page 2 March 9, 2006 3. CALL FOR POST AGENDA ITEMS The Reeve called for post agenda items. 4. ADOPTION OF AGENDA C-93/06 MOVED BY COUNCILLOR A.M. PHILIPSEN that we adopt the agenda as amended. MOTION CARRIED 5. BUSINESS FROM MINUTES There was no business from the minutes. 6. CORRESPONDENCE a. Alberta Municipa! Affairs -Assessment Review Board Trainin_g A letter was presented fo Council, from Alberta Municipal Affairs, ~'"' regarding Assessment Review Board training workshops that will be held in various locations throughout the province. C-94/06 MOVED BY COUNCILLOR C. VERMEEREN that all Assessment Review Board members be permitted to attend the Assessment Review Board workshop sessions in either Airdrie or Lethbridge as a function of Council. MOTION CARRIED b. Canadian Badlands -Formation of Canadian Badlands Ltd. A letter from the Canadian Badlands on a proposal to form Canadian Badlands Ltd., including a Memorandum of Association and Articles of Association, were presented fo Council. C-95/06 MOVED BY COUNCILLOR C. VERMEEREN that we join and participate in Canadian Badlands Ltd. subject to the Articles being amended such that a quorum of the board consist of 50% plus 1 of the voting board members. MOTION CARRIED ,~~ Regular Council Minutes March 9, 2006 Page 3 -^ C-96/06 MOVED BY COUNCILLOR W. DANIELS that the Reeve, our Tourism committee member, and a member from the Newell Regional Tourism Association, residing in the County, be appointed as our members of Canadian Badlands Ltd. if we become a member. MOTION CARRIED Administration was directed to send a letter to Canadian Badlands stating that we would like to see all or none of the municipalities identified on their map, including rural municipalities. c. FCSS Discussion Guide An FCSS Discussion Guide and Survey from the Chair of fhe FCSS Review Advisory Committee was presented to Council. The Assistant Administrator presented a copy of his comments on the 2005 FCSS Program Review, which was previously sent to the Grasslands Regional FCSS Director. C-97/06 MOVED BY COUNCILLOR C. VERMEEREN that we concur with the comments of the Assistant Administrator and forward them as our response to the survey. MOTION CARRIED 7. CHEQUES FOR PAYMENT C-98/06 MOVED BY COUNCILLOR I. SCHROEDER that cheques 155723 to 155725 and 155736 to 155777 in the amount of $272,618.01, and Direct Debit Batch 10362 in the amount of $53,701.93, be approved. MOTION CARRIED 12. POST AGENDA ITEMS a. A_gricultura/ Services Board Meetin_g Councillor Eckert shared a concern that a meeting arranged by ASB was scheduled on the same dafe and Time as this Council meeting, which negated the attendance of any of the ASB members. This item was referred to the ASB. b. Bio_gas Conference -Edmonton ,~... C-99/06 MOVED BY COUNCILLOR M. NESBITT that Councillor Daniels be permitted to attend a Biogas Conference in Edmonton on April 2 to 4, ~~ Regular Council Minutes March 9, 2006 Page 4 ,-- 2006, as a function of Council and in the event that Councillor Daniels is unable to attend, then an alternate member from the Economic Development Committee be permitted to attend in his place. MOTION CARRIED c. Pavin_g Program A concern was raised as to why the paving program was not on fhe recently circulated road work program maps. !t was explained thaf the paving program is over and above the intent of the road work program maps. 13. COMMITTEE REPORTS a. Municipal No report. b. Workshop Session ~,..., No report. c. Bow River Basin Council Councillor Vermeeren attended several meetings and reported on the following: • March 8th Forum in Calgary • A "Shed Head" tour arriving in Brooks on April 26, 2006 • He will be attending a Board meeting on April 6, 2006 in Calgary d. Disaster Services Committee Councillor Nesbitt attended a meeting on March 7, 2006 fo discuss amalgamating the County of Newell No. 4 and the City of Brooks disaster services groups. A working agreement and a Memorandum of Understanding are being developed. e. Red Deer River Basin Watershed Alliance Councillor Eckert attended a meeting in Olds on February 24, 2006 and reported on the following: ~~ Regular Council Minutes March 9, 2006 Page 5 ~- The Red Deer River Basin Watershed Alliance received a sizeable grant from the Province • Storage issues were discussed • The Red Deer River Municipal Users Group does not conflict with their mandate • A manager is being considered to manage the organization • Many varied wafer studies are taking place • Transfer site in ~ update .~4•~+ . Arrived at Meeting Tammy Henry, County Planner, Shawn Dahl and Carl Dahl arrived at the meeting at 11:02 a.m. 8. PUBLIC HEARING a. 06 LUA 001 -Bylaw 1559-06 - Pt. SE 19-19-14-W4 -Division 10 Lakeside Farm Industries Ltd/Doug Bell -Lake Industries AI -Agricultural Industrial District to DC -Direct Control District Reeve Douglass called the Public Hearing to order at 11:03 a.m. The Administrator stated That the purpose of this Public Hearing is to hear representations on Bylaw 1559-06. Bylaw 1559-06 is a bylaw to amend Land Use Bylaw 1443-03 by rezoning Pt. SE 19-19-14-W4 from A! -Agricultural Industrial District fo DC -Direct Control District. The County Planner gave the background on this application. This application is required in order for the applicant to apply for a permit to legalize a lodging facility for a packing plant on a permanent basis. No adjacent neighbours have commented on the application. As (here were no members of the public in attendance with regard to this hearing, the procedures were not reviewed. Council was given the opportunity to ask questions. C-100/06 MOVED BY COUNCILLOR M. NESBITT that the Public Hearing adjourn at 11:06 a.m. MOTION CARRIED ,--, Regular Council Minutes Page 6 March 9, 2006 ~- 9. BYLAWS a. Bylaw 1559-06 - 06 LUA 001 C-101/06 MOVED BY COUNCILLOR C. VERMEEREN that Bylaw 1559-06, to redesignate approximately 0.697 hectares (1.72 acres) from AI - Agricultural Industrial District to DC -Direct Control District, receive second reading. MOTION CARRIED C-102/06 MOVED BY COUNCILLOR M. NESBITT that Bylaw 1559-06 receive third and final reading. MOTION CARRIED Ryan Kiedrowski left the meeting at 91:08 a.m. 10. STAFF DELEGATIONS a. Tammy Henry, County Planner 3. Other Items a. Dahlbilt Ltd. -Lenience of Construction Completion Certificate Process A letter from Dahlbilt Ltd. was presented to Council, requesting that Council consider extending leniency on the Construction Completion Certificate, with regard to the construction of a road within their development. C-103/06 MOVED BY COUNCILLOR C. VERMEEREN that given there is estimated costs of less than $10,000.00 required to complete the requirements of the development agreement, that we discharge the caveat subject to receiving a letter of credit in the amount of 125% of the work outstanding plus the estimated maintenance costs through the maintenance period, all as estimated by the Superintendent of Public Works, and that the Development Agreement be amended accordingly including the incorporation of a time frame for which the outstanding improvements must be completed. MOTION CARRIED ..., Shawn Dahl and Carl Dahl left the meeting at 11:42 a.m. Regular Council Minutes Page 7 March 9, 2006 ~-- 1. Municipal Planning Commission -Old Items a. Sher_gil/ Consu/tin_g A letter from Shergill Consultants was presented fo Council of the February 23, 2006 Council meeting, requesting that Council grant a number of relaxations to the development agreements for their subdivisions within the Counfy. Administration's recommendations on the request was as follows: Development permits may be issued when the following are completed: • Deep services installed, • Curb and gutter installed, • Shallow services installed or receipt of copies of contracts for the installation of the shallow services, • The first coat of asphalt has been applied, • Design, upgrade and insfallation of the irrigation --- system, • Dyke constructed between blocks 4 and 5, and • The enlargement of the storm water retention pond unless a new storm water drainage plan will show that the existing system can handle drainage until fhe storm wafer pond is enlarged; That the development agreement caveats be released only when all conditions of the development agreement are met; that there be no change to the release of the letters of credit from that outlined in the development agreement; that the County of Newel! not provide a comfort letter; and that the development agreement be amended accordingly including the establishment of a time frame for fhe installation of infrastructure that does not have to be in place prior to the issuance of development permits and a review of the letters of credif to ensure the amounts are still sufficient given the deferred time frame for the completion of some of the infrastructure. C-104/06 MOVED BY COUNCILLOR W. DANIELS that we accept the ..- recommendations of Administration. MOTION CARRIED Regular Council Minutes Page 8 March 9, 2006 .4r^ kcJ~.~1 Tammy Henry and ~E~eith Rothbauer left the meeting at 12:24 ~- p. m. ^~ LUNCH Council recessed for lunch from 12:24 p.m. to 1:05 p.m. 11. DELEGATIONS 1. Mark DeBlois and Michelle Gibb, KPMG - 2005 Financial Statements and Audit Susan Shigehiro, Finance Officer, and Mark DeBlois and Michelle Gibb, both of KPMG, arrived at the meeting at 1:05 p.m. Financial Statements for the year ended, December 31, 2005 were presented to Council. Mark DeBlois reviewed the Auditor's Report and the 2005 Financial Statements. He also provided information on changes that are forthcoming in regard to the recording of physical assets. ,,~ C-105/06 MOVED BY COUNCILLOR C. VERMEEREN that we accept the Financial Statements and Financial Information Return for the year ended December 31, 2005 as presented. MOTION CARRIED Susan Shigehiro, Mark DeBlois and Michelle Gibb left the meeting at 1:34 p.m. Arrived at Meeting Tammy Henry, the County Planner, arrived at the meeting at 1:36 p. m. 10. STAFF DELEGATIONS CON'T a. Tammy Henry, County Planner 2. Municipal Planning Commission -New Items a. 06 LUA 002 - Pt. SE 31-15-15-W4 -Division 4 S&K Farms Ltd. (Owner)/Stephen & Kim Anderson ~- (Applicant) (Approximately 4.3 ac) A -Agricultural District to RUR -Rural Residential District ~i~r~ Regular Council Minutes March 9, 2006 Page 9 The County Planner commented that the applicants do not --- meet the five year ownership requirement for consideration of their application for redesignation to Rural Residential. The applicants have noted the reason why they are requesting Council to consider a variance to this requirement. Councillor Daniels read aloud from a letter received in opposition to this request. C-106/06 MOVED BY COUNCILLOR C. VERMEEREN that Bylaw 1561- 06, to amend Land Use Bylaw 1443-03 by rezoning approximately 1.74 hectares (4.3 acres) of land in SE 31-15- 15-W4M from A - Agricultural District to RUR - Rural Residential District, be given first reading, with a variance to Policy 2.5.3.g of the County's Municipal Development Plan. MOTION CARRIED b. 06 LUA 003 - Pt. SW 9-18-14-W4 -Division 5 Jakob & Jo-Anne Veenstra (Owner/Applicant)(Approx. 40.0 ac) A -Agricultural District to CR -Country Residential District The County Planner stated the owners have decreased the number of acres in this application from 40 acres to 30 acres. Two letters of opposition were received in regard fo this '' application, one on detracting from the agricultural uses and the other on a drainage issue. C-107/06 MOVED BY COUNCILLOR C. VERMEEREN that Bylaw 1562- 06, to amend Land Use Bylaw 1443-03 by rezoning approximately 12.14 hectares (30.0 acres) of land in Pt. SW 9- 18-14-W4M from A -Agricultural District to CR -Country Residential District, be given first reading. MOTION CARRIED c. Cassils ASP Proposals The County Planner presented a background report on proposals received for the Cassils ASP. C-108/06 MOVED BY COUNCILLOR C. VERMEEREN that we accept Dillon Consulting Ltd.'s proposal for the development of the Cassils Area Structure Plan including their proposed Phase I hydrogeological study encompassing table top data analysis; 20 well water samples; and GIS data collection and mapping of well locations and aquifer vulnerability, for a total cost of $124,765 plus GST. MOTION DEFEATED Regular Council Minutes March 9, 2006 Page 10 ~--~ The County Planner, Executive Assistant and K. Rothbauer left fhe meeting at 2:42 p.m. 11. DELEGATIONS 2. In Camera Delegation -NewAlta C-109/06 MOVED BY COUNCILLOR A. ECKERT that we move in camera at 2:43 p.m. MOTION CARRIED C-110/06 MOVED BY COUNCILLOR M. NESBITT that we move out of camera at 3:29 p.m. MOTION CARRIED NewAlta representatives Peter Marshall, Warren Scholze and Rhonda Rudnitski were in attendance and addressed Council during the in camera session. 3. Darin Crapo, Information Technologist - March/April 2006 ,_., Newsletter Darin Crapo, Information Technologist, the Executive Assistant and K. Rothbauer arrived at the meeting of 3:31p.m. Council reviewed the proposed County newsletter for the months of March and Apri12006 and several changes were made. The Information Technologist left the meeting at 3:36 p.m. Arrived at Meeting Tammy Henry, County Planner, arrived at the meeting at 3:48 p.m. 10. STAFF DELEGATIONS CON'T a. Tammy Henry, County Planner 2. Municipal Planning Commission -New Items c. Cassils ASP Proposals Cont'd `"~ C-111/06 MOVED BY COUNCILLOR C. VERMEEREN that we accept Scheffer Andrews proposal for the Cassils ASP, including the ~~ Regular Council Minutes Page 11 March 9, 2006 ---- planning element and phase 1 hydrogeological study, for a total cost of $41,375.00 plus GST. The Administrator left the room at 3:50 p.m. to obtain further information related to this matter. C-112/06 MOVED BY COUNCILLOR C. VERMEEREN that the vote on Motion C-111 /06 be postponed. MOTION CARRIED 13. COMMITTEE REPORTS CON'T f. Regional Services Ad Hoc Committee Councillor Daniels stated that a letter is being sent to each municipality inquiring of their intent fo be part of the regional water system and if they are willing to be a part of the application for the implementation portion of the regional partnership program grant. Arrived at Meeting ,^„ The Administrator returned to the meeting at 3:55 p.m. g. Tourism Committee A written Tourism Report was presented to Council and reviewed by Councillor Philipsen. h. 2006 Awards Night Ad Hoc Committee Councillor Nesbitt stated everything is proceeding well for the Awards Night. Those attending were asked to confirm their attendance as soon as possible. This year and for future Awards functions, retiree's will be extended the opportunity of inviting up to four family members or friends fo attend in addition to their spouse or guest. 10. STAFF DELEGATIONS CON'T a. Tammy Henry, County Planner 2. Municipal Planning Commission -New Items c. Cassils ASP Proposals Cont'd ,-~. C-113/06 Vote on postponed Motion C-111 /06. Regular Council Minutes March 9, 2006 Councillor Daniels asked for a Recorded Vote: Page 12 For: Division 2 -Councillor Schroeder Division 3 -Councillor Philipsen Division 4 -Councillor Vermeeren Division 5 -Councillor Nesbitt Division 6 -Councillor Evans Division 7 -Councillor Eastman Division 9 -Reeve Douglass Against: Division 1 -Councillor Daniels Division 8 -Councillor Eckert Absent: Division 10 - Councillor Wutzke MOTION CARRIED 14. QUESTION PERIOD/NOTICE OF MOTION a. Councillor Nesbitt requested if the amount of a cheque for the Brooks and District Ambulance was for a final payment for the Ambulance. ,~ Reeve Douglass noted that this was the final requisition. b. A request was made as fo whether Council needed to discuss the Siksiksa Nation land resolution in Division 6. Council had no concerns with this item. 15. INFORMATION ITEMS There were no information items. 16. IN CAMERA There were no in camera items. ~'~~ Regular Council Minutes March 9, 2006 ~- 16. ADJOURN Page 73 C-114/06 MOVED BY COUNCILLOR C. VERMEEREN that the meeting adjourn at 4:05 p.m. MOTION CARRIED Reeve County Administrator