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Home My WebLink About2007-02-08 Council (Regular) MinutesCOUNTY OF NEWELL NO.4 MINUTES OF COUNCIL MEETING FEBRUARY 8, 2007 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, February 8, 2007 commencing at 10:02 a.m. MEMBERS PRESENT: COUNCILLORS: M. Douglass, Reeve W. Daniels I. Schroeder A. Philipsen C. Vermeeren M. Nesbitt S. Evans A. Eastman A. Eckert H. Wutzke STAFF: N. Moriyama, Acting Administrator B. Keith, Acting Assistant Administrator D. Horvath, County Planner B. Broomfield, Executive Assistant ~- 1. OTHERS IN R. Brown, Brooks Bulletin ATTENDANCE: A. Skorobohach, Brooks & County Chronicle J. Brown, Fox 101.1 EXCUSED FROM MEETING All members were in attendance of this meeting. 2. MINUTES Council Minutes -January 25, 2007 C-44107 3. MOVED BY COUNCILLOR M. NESBITT that the January 25, 2007 Council minutes be adopted as presented. CALL FOR POST AGENDA ITEMS The Reeve called for post agenda items. .` Regular Council Minutes February 8, 2007 !- 4. ADOPTION OF AGENDA Page 2 C-45/07 MOVED BY COUNCILLOR C. VERMEEREN that we adopt the agenda as amended. MOTION CARRIED 5. CHEQUES FOR PAYMENT C-46/07 MOVED BY COUNCILLOR S. EVANS that cheques 157861 to 157930 in the amount of $3,369,003.08, and Direct Debit Batch 11618 in the amount of $51,559.82, be approved. MOTION CARRIED 6. BUSINESS FROM MINUTES a. Beautification Awards for Non-Rural Yards This item was referred to the April 5, 2007 Council meeting. b. Crawling Valley Recreation Society -Funding Request This ifem was referred to the March 8, 2007 meeting. c. Development -Brooks Area A brief discussion on the temporary transferring of water licenses was held. The Eastern Irrigation District are holding Notice to Water Users meetings on Monday, February 12 at 1:30 p.m. at the Duchess Hall and at 7:00 p.m. at the Bassano Hall regarding transfer of water rights for those inferested in attending. Councillor Daniels stated that when a regional water body is formed this issue can be referred there. This was accepted as information. d. Meeting with Dr. Lyle Oberg, MLA Strathmore-Brooks Councillor Nesbitt reported that a meeting is planned with Dr. Oberg on February 16, 2007. An agenda was presented and reviewed. This item will be discussed further following the Oldman River Regional Services Commission presentation. 8. DELEGATION - OLDMAN RIVER REGIONAL SERVICES COMMISSION ~-- Diane Horvafh, Planner, Oldman River Regional Services Commission (ORRSC), provided a powerpoint presentation "Introduction to the ORRSC". Regular Council Minutes February 8, 2007 Page 3 ~- A review of the purpose of Part 17 of the MGA, Statutory Planning documents, the County Planning Authority and ORRSC recommendations of changes for the County. Council discussed the proposed recommendations and received the presentation and hand out as information. Arrived at Meeting Cory Baksa arrived of the meeting at 10:30 a.m. 9. STAFF DELEGATION a. Diane Horvath, County Planner Municipal Planning Commission -New Items 1. 06 LUA 028 - Pt. 8-19-14-W4M -Division 10 Donald (Butch) Martin (Owner)/Cory Baksa (Applicant) (Approx 304.46 acres) A -Agricultural District to I -Industrial District The County Planner provided background information on this item. ,..., C. Baksa provided an explanation and answered questions on Council's concern of an area zoned as Agricultural use within this application. C-47/07 MOVED BY COUNCILLOR C. VERMEEREN that Bylaw 1602-07, to amend Land Use Bylaw 1443-03 by rezoning 133.03 acres of land in Pt. 8-9-14-W4M as follows, be given first reading. Approximately 42.85 acres in NW'/4 8-9-14-W4M from A - Agricultural District to I -Industrial District; Approximately 5.61 acres in NE '/ 8-9-14-W4M from A -Agricultural District to I -Industrial District; and Approximately 86.0 acres in SE'/ 8-9-14-W4M from A -Agricultural District to GC -General Commercial District. MOTION CARRIED 2. 07 LUA 001 - NW 12-19-15-W4M -Division 5 Tim Albers (Owner) /Cory Baksa (Applicant) (Approx. 157.94 acres) A -Agricultural District to I -Industrial District The County Planner provided background information on this item. ~~ Regular Council Minutes February 8, 2007 Page 4 ~-- C-48/07 MOVED BY COUNCILLOR C. VERMEEREN that Bylaw 1603-07, to amend Land Use Bylaw 1443-03 by rezoning approximately 157.94 acres of land from A -Agricultural District to I -Industrial District, be given first reading. MOTION CARRIED J. Brown left fhe meeting at 11:23 a.m. 3. 2007-0-037 - Pt. NE 13-21-16-W4M (Plan 2280 FJ, Block C) Tammie Cage (Owner/Applicant) Subdivision of parcel zoned CR to create six new lots C-49/07 MOVED BY COUNCILLOR C. VERMEEREN that Subdivision 2007- 0-002, to create six parcels ranging in size from 2.32 to 6.20 acres, be recommended to the Subdivision Authority subject to the following conditions: 1. That a 10% reserve be provided as money in place of land on the 22.67 acres at the market value per acre with the actual acreage and amount to be paid to the County of Newell No. 4 being determined at the final stage. 2. That all outstanding property taxes shall be paid to the County ,..,~ of Newell No. 4; 3. That the applicant or owner or both enter into a Development Agreement with the County of Newell No. 4 which shall be registered concurrently with the final plan against the title(s) being created. 4. That the applicant submit to the Subdivision Authority a copy of a tentative subdivision sketch from an Alberta Land Surveyor that certifies the location of the existing building and the exact dimension of the lots to be subdivided. 5. That a road be dedicated on the final plan of survey to provide access to three north lots and that the road be constructed to County standards. The details, specifications and standards for the construction of the road as dedicated will be as per the Development Agreement with the County of Newell No. 4 with all costs to be at the applicant's or owner's expense. 6. That the applicant meet all the requirements of the EID with respect to the conveyance of water as well as easements. 7. That the applicant enter into a Rural Water Use Purposes Agreement with the EID and provide evidence of this agreement. The County Planner advised that comments from Telus were received and they have requested a utility easement, and requested ~ this application be tabled pending receipt of stakeholder and surrounding landowner comments. Regular Council Minutes February 8, 2007 Page 5 ~-- C-50/07 MOVED BY COUNCILLOR I. SCHROEDER that Motion C-49/07 be tabled to the March 8, 2007 Council meeting. MOTION CARRIED Cory Baksa left fhe meeting at 11:20 a.m. 4. 06 NL 020 - Pt. SE 23-21-17-W4M Peter & Mary June Burrows (Owner/Applicant) Subdivision of an agricultural parcel The County Planner provided background information on this item C-51107 MOVED BY COUNCILLOR H. WUTZKE that Subdivision 06 NL 020, to create an 80.0 acre parcel from a titled parcel containing 134.7 acres, be recommended to the Subdivision Authority subject to the following conditions: ~^ 1. That all outstanding property taxes shall be paid to the County of Newell No. 4. 2. The applicant entering into a development agreement with the County of Newell No. 4 which shall be registered concurrently with the final plan against the title being created. 3. That the residual portion of Certificate of Title 991 170 430 +4 be consolidated with the adjacent parcel legally known as Block 1, .Plan 891 1398 located in Section 23-21-17-W4M in a manner such that the resulting Certificate of Title could not be subdivided without the approval of the Subdivision Authority. 4. That the. applicant meet all the requirements of the EID with respect to the conveyance of water as well as easements. 5. That the applicant enter into a Rural Water Use Purposes Agreement with the EID and provide evidence of this agreement. 6. That the 30 metre wide service road right of way as required by Alberta Infrastructure and Transportation must be dedicated by caveat across the highway frontage of the remnant parcel prior to finalization of the application. MOTION CARRIED 5. 06 NL 021 -Plan 1349BA Block 7 Lot A, Hamlet of Millicent (Pt. NW 20-20-13-W4M) Gordon Kay, Executor for the estate of Thomas William Charlton (Owner/Applicant) Boundary adjustment of Hamlet Residential Lots (Lot 17 & Lot A) The County Planner provided background information on this item. Regular Council Minutes February 8, 2007 Page 6 ~^ C-52/07 MOVED BY COUNCILLOR C. VERMEEREN that Subdivision 06 NL 021, to realign boundaries to create a 0.46 acre parcel, be recommended to the Subdivision Authority subject to the following conditions: 1. That all outstanding property taxes shall be paid to the County of Newell No. 4. 2. The applicant entering into a development agreement with the County of Newell No. 4 which shall be registered concurrently with the final plan against the title being created. 3. That the portion of Certificate of Title 041 053 267 +3 be consolidated with the adjacent parcel legally known as Lot 17, Block 7, Plan 1349 BA and a portion of Lot A, Block 7, Plan 1349 BA located in NW '/4 20-20-13-W4M in a manner such that the resulting Certificate of Title could not be subdivided without the approval of the Subdivision Authority. MOTION CARRIED Councillor Daniels excused himself from the meeting and left the room at 11:40 a.m. 6. 06 NL 022 - SE 31-14-14-W4M '"~ Wayne & Karen Daniels (Owner) / Wayne Daniels (Applicant) Subdivision of an agricultural quarter section The County Planner provided background information on this item. C-53/07 MOVED BY COUNCILLOR C. VERMEEREN that Subdivision 06 NL 022, to create a 6.0 acre (2.43 ha) parcel from a previously unsubdivided quarter section containing 153.9 acres (62.28 ha), be refused as it is not viable. C-54/07 MOVED BY COUNCILLOR A.M. PHILIPSEN to table Motion C- 53/07 until after the Corporate Retreat. MOTION CARRIED Councillor Philipsen excused herself from the meeting and left the room at 11:48 a.m. 7. 2007-0-036 - NE 35-14-14-W4M Curtis Huber & Morris Huber (Owner) / Vern Parker (Applicant) Subdivision of an unsubdivided agricultural quarter section The County Planner provided background information on this item. ._JV'~`~ Regular Council Minutes February 8, 2007 Page 7 ~- C-55/07 MOVED BY COUNCILLOR I. SCHROEDER that Subdivision 2007- 0-036, to create a 5.86 rural residential parcel and a 152.24 agricultural parcel from a titled area containing 158.1 acres, be recommended to the Subdivision Authority subject to the following conditions: 1. That all outstanding property taxes shall be paid to the County of Newell No. 4. 2. The applicant entering into a development agreement with the County of Newell No. 4 which shall be registered concurrently with the final plan against the title being created. 3. That the applicant submit to the Subdivision Authority a copy of a tentative subdivision sketch from an Alberta Land Surveyor that certifies the location of the existing building and the exact dimension of the lots to be subdivided. 4. That the parcel be rezoned from A -Agriculture to RUR - Rural Residential. 5. That the applicant meet all the requirements of the EID with respect to the conveyance of water as well as easements. 6. That the applicant enter into a Rural Water Use Purposes Agreement with the EID and provide evidence of this agreement. 7. That the requirements of Telus shall be satisfied prior to finalization of the application. MOTION CARRIED 8. 2007-0-038 - SE 20-17-13-W4M Raymond Torkelson (Owner/Applicant) Subdivision of an unsubdivided agricultural quarter section The County Planner provided background information on this item. C-56107 MOVED BY COUNCILLOR H. WUTZKE that Subdivision 2007-0- 038, to create a 5.51 acre rural residential parcel and a 147.04 acre agricultural parcel from an agricultural title containing 152.55 acres, be recommended to the Subdivision Authority subject to the following conditions: 1. That all outstanding property taxes shall be paid to the County of Newell No. 4. 2. The applicant entering into a development agreement with the County of Newell No. 4 which shall be registered concurrently with the final plan against the title being created. 3. That the applicant submit to the Subdivision Authority a copy of a tentative subdivision sketch from an Alberta Land ~'-'' Surveyor that certifies the location of the existing building and the exact dimension of the lots to be subdivided. ~~~~. Regular Council Minutes Page 8 February 8, 2007 4. That the parcel be rezoned from A -Agriculture to RUR - Rural Residential. 5. That the applicant meet all the requirements of the EID with respect to the conveyance of water as well as easements. 6. That the applicant enter into a Rural Water Use Purposes Agreement with the EID and provide evidence of this agreement. 7. That the applicant submit evidence to the Subdivision Authority that the existing sewage disposal system meets the requirements under the Alberta Private Sewage Systems Standards of Practice. 8. That the requirements of Telus shall be satisfied prior to finalization of the application. MOTION CARRIED 9. 2007-0-040 - SW 17-17-13-W4M Dale and Lynn Christensen (Owner/Applicant) Subdivision of an unsubdivided agricultural quarter section The County Planner provided background information on this item. C-57107 MOVED BY COUNCILLOR C. VERMEEREN that Subdivision 2007- ,_. 0-040, to create a 6.39 acre rural residential parcel and a 151.55 acre agricultural parcel from an agricultural title containing 157.94 acres, be recommended to the Subdivision Authority subject to the following conditions: 1. That all outstanding property taxes shall be paid to the County of Newell No. 4. 2. The applicant entering into a development agreement with the County of Newell No. 4 which shall be registered concurrently with the final plan against the title being created. 3. That any conditions of Alberta Infrastructure and Transportation shall be established prior to finalization of the application. 4. That the applicant submit to the Subdivision Authority a copy of a tentative subdivision sketch from an Alberta Land Surveyor that certifies the location of the buildings and exact dimensions of the lots to be subdivided. 5. That the parcel be rezoned from A -Agricultural District to . RUR -Rural Residential District. 6. That the applicant meet all the requirements of the EID with respect to the conveyance of water as well as easements. 7. That the applicant enter into a Rural Water Use Purposes Agreement with the EID and provide evidence of this agreement. ~f Regular Council Minutes February 8, 2007 Page 9 .^ 8. That the requirements of Telus shall be satisfied prior to finalization of the application. MOTION CARRIED Councillor Evans excused herself from the meeting and left the room at 12:12 p.m. LUNCH R. Brown and A. Skorobohach left the meeting at 12:15 p.m. Council recessed for lunch from 12:15 p.m. to 1:00 p.m. 6. BUSINESS FROM MINUTES CON'T d. Meeting with Dr. Lvle Oberg, MLA Strathmore-Brooks Con't Councillors Daniels, Wutzke and Philipsen will attend this meeting. Councillor Nesbitt will provide the time and location of the meeting once fhese details are known. r~ 7. CORRESPONDENCE a. FCM -International Development Week A letter from FCM on International Development Week was presented. This included a request that Council proclaim fhe week of February 4 - 10, 2007 as International Development Week. C-58/07 MOVED BY COUNCILLOR A.M. PHILIPSEN that we accept this as information. MOTION CARRIED 10. OTHER BUSINESS a. Appointments - Economic Development/Tourism Advisory Committee An Issue Sheet from the Economic Development and Tourism Coordinator requesting approval of three appointments to the Economic Development/Tourism Advisory Committee was presented. ~r~~ Regular Council Minutes Page 10 February 8, 2007 ~-- C-59/07 MOVED BY COUNCILLOR I. SCHROEDER that Shirley Berkeley, Division 1, Alan Dyck, Division 7 and James Culligan, Division 8, be appointed for three year terms to the Economic Development/Tourism Advisory Committee. MOTION CARRIED 11. POST AGENDA ITEMS a. AAMD&C Spring Convention The AAMD&C 2007 Spring Convention will take place from March 19 to 21, 2007. Council was asked to confirm (heir attendance with Administration for the convention. b. Newell 911 -GPS Request Reeve Douglass reviewed the letter dated February 1, 2007 from the Newell 911 Regional Dispatch .Association requesting $78,600.00 for the purchase of GPS/AVL equipment to be installed in the eight regional ambulances. The Administrative Officer, Jenelle Johnson, provided Council with a status of our current GIS system. The Administrative Officer and County Administrafor will be me~t~n,~ withtt ,,,,~ ~ representatives of Gemini, our GIS software provide for further'"~J clarification of the updates required to the County software and for further explanation of the Ambulance project. Council will further discuss this request upon Administration providing more information. c. City of Brooks -Annexation Open House Administration advised of an annexation open house on February 21, 2007 at the City of Brooks City Hall from 4:00 p. m. to 7:00 p. m. d. Annual General meeting Council decided that the Annual General meeting will be held on May 7, 2007 at the Heritage Inn beginning at 7:00 p.m. e. Regional Services Ad Hoc Committee Councillor Daniels updated Council on the February 7, 2007 Committee meeting. The Newell Regional Services Partnership Committee has decided to proceed with creating a for profit corporation under the Business Corporation Act to provide potable water and wastewater services. Also, the Committee has decided fo .-- Regular Council Minutes February 8, 2007 Page 11 r^ amend the Implementation Grant by deleting the Assessment component and adding Special Constable/Bylaw Enforcement and will review at the next meeting adding Regional Emergency Services. f. Tickets Reeve Douglass circulated tickets for the Medicine Hat College annual concert gala taking place on February 90th for anyone interested in attending. g. Canadian Badlands Councillor Philipsen presented the official letterhead used by the Town of Drumheller and pointed out that the Canadian Badlands logo is included on the bottom of their letterhead, and that the logo should be incorporated into the County's letterhead. A draft County letterhead will be presented at the February 22"d meeting. h. MLA Round Table Councillor Daniels advised that PEP Board members will be attending a MLA Round Table in Medicine Hat on March 2, 2007 in ,,... the Cutbank Room of the Esplanade from 9:00 a.m. to 1:00 p.m., and that any topics of Council can be forwarded to him. City of Brooks Meetin Councillor Daniels advised of a meeting at the City of Brooks on February 13, 2007 at 1:00 p.m. with officials from Idaho and Montana. C-60107 MOVED BY COUNCILLOR C. VERMEEREN that Councillor Daniels, the Reeve, or in the absence of the Reeve, the Deputy Reeve, be permitted to attend a City of Brooks meeting at City Hall on February 13, 2007 at 1:00 p.m. as a function of Council. MOTION CARRIED j. Meeting in Lethbridge Councillor Eckert advised of an Alberta Sugar Beet Growers meeting to be held in Lethbridge on February 14, 2007. C-61/07 MOVED BY COUNCILLOR W. DANIELS that two Councillors be permitted to attend an Alberta Sugar Beet Growers meeting in Lethbridge on February 14, 2007 as a function of Council. MOTION CARRIED ~--' Regular Council Minutes Page 12 February 8, 2007 Councillor Eckert will provide further information to those atfending A^ this meeting. 12. COMMITTEE REPORTS Arrived at Meeting The Agricultural Fieldman, Steve Wylie, arrived at the meeting at 2:02 p.m. a. A.S.B. 1. Mower Tenders The Agricultural Fieldman presented a comparison chart of mower tenders received and a 2007 Capital Tender summary. C-62/07 MOVED BY COUNCILLOR I. SCHROEDER that the 2007 capital budget for the ASB ride on mower be increased from $4000.00 to $8215.00 financed from the operating levy. MOTION CARRIED C-63/07 MOVED BY COUNCILLOR A. EASTMAN that the tender received ,,^ from Park Sales & Service for a Toro Z Master ride on mower in the amount of $821.5..00 be accepted. MOTION CARRIED The Agricultural Fieldman left the meeting at 2:11 p. m. Councillor Easfman provided a brief report on the 2007 Provincial ASB Conference and discussed sustaining land and agriculture. b. Mayors & Reeves Reeve Douglass reported that the following topics were discussed at a Mayors & Reeves meeting: presentation on a Ronald McDonald house in southern Alberta, a detox centre in southern Alberta, and Highway 41 Wild Horse Border Crossing as a 24 hour csnAr-..^~~C: ~~-~fr. Nc~ . ~s ~~ c. Municipal `/y~(~.~ 1. Policy PW-4, Calcium -Cost-Sharing Program -Haul Roads and Industry Situations C-64/07 MOVED BY COUNCILLOR I. SCHROEDER that Policy PW-4, Calcium - Cost-Sharing Program - Haul Roads and Industry Situations, be adopted as presented. MOTION CARRIED Regular Council Minutes February 8, 2007 2. Policv PW-5. Annual Road Work Plan Page 13 C-65/07 MOVED BY COUNCILLOR M. NESBITT that Policy PW-5, Annual Road Work Plan, be adopted as presented. MOTION CARRIED 3. Policv PW-6. Road Maintenance C-66/07 MOVED BY COUNCILLOR C. VERMEEREN that Policy PW-6, Road Maintenance, be adopted as presented. MOTION CARRIED c. Municipal Planning Commission Councillor Vermeeren advised that a meeting should be scheduled with the County Planner, Subdivision Development Appeal Board and Municipal Planning Commission to address planning issues. d. Workshop Session 1. Spring 2007 Pre-Convention Workshops ,~-- Administration advised of two Spring 2007 pre-convention workshops on March 79, 2007. C-67/07 MOVED BY COUNCILLOR M. NESBITT that the Reeve and Councillor Schroeder be permitted to attend the Jubilee RiskPro Training Program on March 19, 2007 from 8:00 a.m. to 3:00 p.m., and that Councillors Vermeeren and Daniels be permitted to attend the Capacity Building Consultation Workshop on March 19, 2007 from 8:30 a.m. to 5:00 p.m., as a function of Council. MOTION CARRIED e. Salary Negotiating Committee This item will be discussed during the In Camera portion of the meeting. f. Shared Services/Urban Fringe Committee No report. g. 9-1-1 Committee This item was discussed at Item 11 b. ~~J~ Regular Council Minutes February 8, 2007 ~-- h. 2006 Awards Night Ad Hoc Committee Page 14 Councillor Wutzke stated the 2006 Awards Night will take place on February 9th at the Heritage Inn. 13. 14. QUESTION PERIOD/NOTICE OF MOTION Councillor Daniels advised he will arrange to meet with Brownlee Fryeft to discuss our SDAB process at the 2007 Spring Convention and will report back to Council. Councillor Schroeder, Vermeeren and Wutzke each provided a brief report on an Agri-Food policy public consultation which was held in Lethbridge on February 2"d. Councillor Vermeeren noted the poor condition of entrance signs into our hamlets and requested this be discussed at the next Municipal Committee meeting. INFORMATION ITEMS ~-- Councillor Eastman updated Council on conversations he had at the ASB Conference with a task force member on the Surface Rights recommendations and that their intent is not to open up the Act but to strictly recommend to make changes. Councillor Schroeder informed Council that an EID representative is telling the public that the City of Brooks will build their new arena on County land. Councillor Schroeder updated Council on the Palliser Health Authority initiative of recruiting doctors to rural Alberta. 15. IN CAMERA C-68/07 MOVED BY COUNCILLOR A.M. PHILIPSEN that we move in camera at 3:04 p.m. MOTION CARRIED C-69/07 MOVED BY COUNCILLOR H. WUTZKE that we move out of camera at 3:44 p.m. MOTION CARRIED ~. C-70/07 MOVED BY COUNCILLOR C. VERMEEREN that the salaries be approved as recommended by the Salary Review Committee. MOTION CARRIED ~~~ Regular Council Minutes February 8, 2007 Page 15 ~ C-71/07 MOVED BY COUNCILLOR A.M. PHILIPSEN that Noel Moriyama be appointed as the County Administrator effective February 9, 2007. MOTION CARRIED C-72/07 MOVED BY COUNCILLOR M. NESBITT that we approve the Banking Resolution whereas the Reeve or Deputy Reeve and the Administrator, Assistant Administrator or Finance Manager is given the authority for the necessary signing of cheques for the various County bank accounts. MOTION CARRIED 16. ADJOURN C-73/07 MOVED BY COUNCILLOR S. EVANS that the meeting adjourn at 3:46 p.m. MOTION CARRIED Reeve County Administrator ~--~