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HomeMy WebLinkAbout2017-06-08 Council (Regular) Minutes COUNTY OF NEWELL MINUTES OF REGULAR COUNCIL June 8, 2017 The regular Council Meeting of the County of Newell was held in the County Office on Thursday, June 8,2017 commencing at 10:21 a.m. MEMBERS Molly Douglass, Reeve PRESENT: COUNCILLORS: C.Amulung G. Simpson A.M. Philipsen W. Hammergren T. Fyfe K. Christman E. Unruh B. de Jong L.Juss STAFF: K. Stephenson, Chief Administrative Officer L.Johnson, Director of Corporate Services A. Wickert, Manager of Planning& Development D. Horvath,County Planner-ORRSC S.Simpson, Development Clerk ; K. Halsted,County Assessor-Benchmark Assessment T.Green, Director of Agricultural Services M. Harbicht, Director of Municipal Services A. Nielsen, Executive Assistant OTHERS IN S.Stanway, Brooks Bulletin ATTENDANCE: R. Doyle, Brooks Bulletin K.Steinley, Newell Regional Services Corporation J.Jones, Elemental Energy W.Slenders,Applicant- Bylaw 1889-17 H.Johnson,Applicant-Bylaw 1890-17 B. Fleming,Applicant- Bylaw 1891-17 1. CALL TO ORDER Reeve M. Douglass called the meeting to order at 10:21 a.m. �- 2. EXCUSED FROM MEETING � All members were in attendance at this meeting. � __ Regular Council June 8,2017 3. ADOPTION OF MINUTES 3.1 Minutes-Council(May 25,2017) C-166/17 MOVED BY COUNCILLOR TRACY FYFE that the May 25,2017 Council Meeting minutes be adopted as presented. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS Reeve M. Douglass called for post agenda items. 5. ADOPTION OF AGENDA C-167/17 MOVED BY COUNCILLOR KELLY CHRISTMAN that the agenda be adopted as amended. MOTION CARRIED 8. AGRICULTURAL SERVICES BUSINESS 8.1 ASB Update The Director of Agricultura/Services presented an update on the recent activities of the Agricultural Services Department. Council was given the opportunity to ask ' questions. The Director of Agricultural Services responded to questions about controlling flowering rush and milkweed and discussed capacity at Emerson Bridge Park. ' 8.2 Rural Beautification Awards-Council Judge The Director of Agricultural Services provided background information on this item and responded to questions from Council. Discussion followed and it was noted that one of the proposed judging dates falls on a Council meeting day. C-168/17 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that Councillor K.Christman be a judge for the 2017 Rural Beautification Awards and that it be considered a function of Council. MOTION CARRIED LEFT THE MEETING T.Green left the meeting at 10:41 a.m. 9. ADMINISTRATIVE BUSINESS 9.4 Request for Letter of Support-Brooks Curling Club Reeve M. Douglass provided background information on this item. � . Page 2 of 11 Regular Council June 8, 2017 C-169/17 MOVED BY COUNCILLOR LIONEL JUSS that the County of Newell provides a letter in support of the Brooks Curling Club's application to the Community Facility Enhancement Program for upgrades to the curling facility lobby and locker rooms. MOTION CARRIED 9.5 Brooks&District Museum Canada Day Celebration Council was provided with background information on this item. Reeve M. Douglass and Councillor 8. de Jong indicated that they would attend. 9.6 Setting Aside Dates for Future Meetings The Director of Corporate Services provided background information on this item. Discussion followed and it was determined that the pre-budget meeting would be scheduled for Wednesday, August 9, 2017 beginning at 9:00 a.m. Further discussion on this item was postponed until later during this meeting. ARRIVED AT MEETING A.Wickert, D. Horvath,and S.Simpson arrived at 10:45 a.m. 9.1 Road Closure by Resolution (Road Plan 0714935) % J. Jones introduced himself as the construction coordinator representing the applicant, Elemental Energy. ARRIVED AT MEETING K. Halsted arrived at 10:50 a.m. The Manager of Planning & Development provided background information on this item. The applicant has requested to close and purchase the road allowance, which will be consolidated with the adjacent parcel to assist with the site plan. The Manager of Planning & Development reported that she has received confirmation from Alberta Transportation that a closure by resolution is appropriate in this situation. ARRIVED AT MEETING K. Steinley arrived at 10:54 a.m. The Manager of Planning & Development provided an overview of the options available. The County Assessor responded to questions regarding the assessed value compared to the appraised value obtained by the applicant. He indicated that the market value for that land, which is zoned Rural lndustrial, is$24,780.00 per acre. provided historical information on the assessed value of the land. The Manaqer of Planning & Development indicated that a letter from Elemental Energy has been inc ded in the _ agenda package providing information regarding their request for considera ' e ' % market value presented by their appraiser. Discussion followed. Page 3 of 11 Regular Council June 8,2017 C-170/17 MOVED BY COUNCILLOR KELLY CHRISTMAN that Council APPROVES the closure and sale of approximately 0.6 acres of Road Plan 0714935 in SW 3-19-14-W4 at the market value of $14,870.00 as provided by the County Assessor and with the condition that the sold land be consolidated with Plan 1710742. MOTION CARRIED LEFT THE MEETING K. Halsted,J.Jones,and S.Simpson left the meeting at 11:05 a.m. 9.2 Electoral Boundaries Reeve M. Douglass provided background information on this item, indicating that the proposed electoral boundaries have split the county between two electoral divisions. ARRIVED AT MEETING B. Fleming arrived at 11:06 a.m. Discussion followed and the consensus was that having a single electoral division was preferred. Reeve M. Douglass asked Administration staff to determine an approximate population for the area to be shifted in order to make a case for this. She suggested that ' a letter be sent outlining the County's position. As well,a presentation will be made during the public hearing in Brooks on July 21, 2017. Further discussion followed. Reeve M. Douglass requested that this item be brought back for further discussion during the June22,2017 Council meeting. 9.3 Survey Results-Keeping Chickens in Hamlets&Grouped Residential Areas The Director of Corporate Services provided a summary of the results of the survey, indicating that,except in Lake Newell Resort and Westland Acres,most of the respondents were in favor of keeping chickens in hamlets and grouped residentia/areas. The Director of Corporate Services responded to questions from Council. Councillor A.M. Philipsen suggested implementing a pilot project in some of the hamlets for a period of time. Councillor 8. de Jong asked about enforcement. ARRIVED AT MEETING H.Johnson arrived at 11:26 a.m. Further discussion on this item was postponed until later during this meeting. LEFTTHE MEETING Cou illor L.Juss left the meeting at 11:27 a.m. � Page 4 of 11 Regular Council June 8,2017 10. MUNICIPAL SERVICES BUSINESS 10.2 Utilities-NRSC Report K. Steinley presented The Utilities - NRSC Report to Council, giving an overview of the highlights. He indicated that there were no issues with the hamlet distribution systems. Notice from landowners in Scandia and Rolling Hills is expected regarding effluent discharge. K. Steinley provided an update on the investigation into the failure of float assemblies, indicating that the failures are not isolated to a particular area. The Manager of Engineering Services is developing a plan to address these issues. K. Steinley responded to questions from Council. LEFT THE MEETING K.Steinley left the meeting at 11:33 a.m. C-171/17 MOVED BY COUNCILLOR BRIAN DE JONG that we move into Public Hearings at 11:34 a.m. MOTION CARRIED 6. PUBLIC HEARINGS 6.1 Bylaw 1886-17 Amendments to Land Use Bylaw 1755-12(Signage) Reeve M. Douglass called the Public Hearing to order at 11:34 a.m. ; Reeve M. Douglass reviewed the procedures that would be followed for the hearing. The County Planner stated that the intent of the Public Hearing is to hear representations on Bylaw 1886-17. The intent of this bylaw is to amend Land Use Bylaw 1755-12 to address signage throughout the municipality. The County Planner provided background information on this item indicating that a copy of the document had been circulated to a list of affected agencies. None of the affected agencies contacted indicated any concerns with the proposed bylaw. There were no persons in attendance speaking either in favor of or in opposition to the proposed bylaw. Council was given the opportunity to ask questions. ARRIVED AT MEETING L.Juss arrived at 11:38 a.m. 6.2 Bylaw 1887-17 Road Closure&LEASE(NE 22-17-17-W4&NW 23-17-1 -W4) Reeve M. Douglass called the Public Hearing to order at 11:39 a.m. Reeve M. Douglass did not review the procedures that would be follow r r n as there were no new persons in attendance. Page 5 of 11 Regular Council June 8,2017 The Manager of Planning&Development stated that the intent of the Public Hearing is to hear representations on Bylaw 1887-17. The intent of this bylaw is to close and LEASE that portion of road allowance adjacent to the western boundary of NW 23-17-17-W4. The Manager of Planning& Development provided background information on this item, indicating that a copy of the document had been circulated to all adjacent landowners as well as to a list of affected agencies. No responses were received from adjacent landowners. All responses have been received from the required referrals and none have indicated any concerns. There were no persons in attendance speaking either in favor of or in opposition to the proposed bylaw. Council was given the opportunity to ask questions. The Manager of Planning & Development responded to questions from Council regarding access to an adjacent parcel. 6.3 Bylaw 1889-17 Road Closure&LEASE(W 3-15-15-W4&E 4-15-15-W4) Reeve M. Douglass called the Public Hearing to order at 11:43 a.m. Reeve M. Douglass did not review the procedures that would be followed for the hearing as there were no new persons in attendance. The Manager of Planning&Development stated that the intent of the Public Hearinq is to ! hear representations on Bylaw 1889-17. The intent of this bylaw is to close and LEASE that portion of road allowance adjacent to the western boundary of W 3-15-15-W4. The Manager of Planning& Development provided background information on this item, indicating that a copy of the document had been circulated to all adjacent landowners as well as to a list of affected agencies. No responses were received from adjacent landowners. All responses have been received from the required referrals except Telus and none of these have indicated any concerns. There were no persons in attendance speaking in opposition to the proposed bylaw. The applicant was present to respond to questions from Council. Council was given the opportunity to ask questions. 6.4 Bylaw 1890-17 Road Closure&LEASE(Various Locations in 15-15-W4) Reeve M. Douglass called the Public Hearing to order at 11:46 a.m. Reeve M. Douglass did not review the procedures that would be followed for the hearing as there were no new persons in attendance. The Manager of Planning&Development stated that the intent of the Public Hearing is to hear representations on Bylaw 1890-17. The intent of this bylaw is to close and LEASE Page 6 of 11 Regular Council June 8,2017 those portions of road allowance adjacent to the westboundary of 13-15-15-W4,adjacent to the west boundary of SW 24-15-15-W4, adjacent to the north boundary of NW 24-15- 15-W4, adjacent to the west boundary of NW 25-15-15-W4, and adjacent to the west boundary of 36-15-15-W4. The Manager of Planning& Development provided background information on this item, indicatinq that a copy of the document had been circulated to all adjacent landowners as well as to a list of affected agencies. She had a conversation with an adjacent landowner with questions about access to the lands closer to SH530. This adjacent landowner has also spoken to the applicant. Access to their lands will not change with this lease in place, and overall the adjacent landowner has no concerns with the road closure. All responses have been received from the required referrals except Telus and none of these have indicated any concerns. There were no persons in attendance speaking in opposition to the proposed bylaw. The applicant was present to respond to questions from Council. Council was given the opportunity to ask questions. Councillor 8. de Jong asked if conditions regardinq access for the adjacent landowner can be included in the lease agreement. The Manager of Planning& Development replied that this has been done in the past typically when an adjacent landowner has specific concerns. The adjacent landowner must submit a written request. The County Planner and the Manager of Planning& Development responded to further questions. > LEFT THE MEETING W.Slenders left the meeting at 11:52 a.m. 6.5 Bylaw 1891-17 Road Closure&LEASE(S 6-17-15-W4& NW 31-16-15-W4) Reeve M. Douglass called the Public Hearing to order at 11:53 a.m. LEFT THE MEETING H.Johnson left the meeting at 11:54 a.m. Reeve M. Douglass did not review the procedures that would be followed for the hearing as there were no new persons in attendance. The Manager of Planning&Development stated that the intent of the Public Hearing is to hear representations on Bylaw 1891-17. The intent of this bylaw is to close and LEASE that portion of road allowance adjacent to the south boundary of S 6-17-15-W4. The Manager of Planning& Development provided background informatio on this item, indicating that a copy of the document had been circulated to all adjace landowners as well as to a list of affected agencies. No responses were receive from adjacent landowners. All responses have been received from the required refe rals except Telus and none of these have indicated any concerns. Page 7 of 11 Regular Council June 8,2017 There were no persons in attendance speaking in opposition to the proposed bylaw. The applicant was present to respond to questions from Council. Council was given the opportunity to ask questions. C-172/17 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that we move out of Public Hearings at 11:56 a.m. MOTION CARRIED 7. BYLAWS 7.1 Bylaw 1886-17 Amendments to Land Use Bylaw 1755-12(Signage) C-173/17 MOVED BY COUNCILLOR CLARENCE AMULUNG that Bylaw 1886-17,being a bylaw to amend Land Use Bylaw 1755-12 to address signage, be given SECOND reading. MOTION CARRIED C-174/17 MOVED BY COUNCILLOR WAYNE HAMMERGREN that Bylaw 1886-17 be given THIRD and FINAL reading. MOTION CARRIED 7.2 Bylaw 1887-17 Road Closure&LEASE(NE 22-17-17-W4&NW 23-17-17-W4) C-175/17 MOVED BY COUNCILLOR KELLY CHRISTMAN that Bylaw 1887-17 being a bylaw for the purpose of closing to public travel and LEASING that portion of road allowance adjacent to the western boundary of NW 23-17-17-W4, be given FIRST reading. ' MOTION CARRIED 7.3 Bylaw 1889-17 Road Closure&LEASE(W 3-15-15-W4&E 4-15-15-W4) C-176/17 MOVED BY COUNCILLOR ELLEN UNRUH that Bylaw 1889-17, being a bylaw for the purpose of closing to public travel and LEASING that portion of road allowance adjacent to the western boundary of W 3-15-15-W4, be given FIRST reading. MOTION CARRIED 7.4 Bylaw 1890-17 Road Closure& LEASE(Various Locations in 15-15-W4) C-177/17 MOVED BY COUNCILLOR TRACY FYFE that Bylaw 1890-17, being a bylaw for the purpose of closing to public travel and LEASING those portions of road allowance adjacent to the west boundary of 13-15-15-W4, adjacent to the west boundary of SW 24-15-15-W4, adjacent to the north boundary of NW 24-15-15-W4, adjacent to the west boundary of NW 25-15-15-W4, and adjacent to the west boundary of 36-15-15-W4. MOTION CARRIED Page 8 of 11 Regular Council June 8,2017 7.5 Bylaw 1891-17 Road Closure&LEASE(S 6-17-15-W4&NW 31-16-15-W4) 78/17 MOVED BY COUNCILLOR LIONEL JUSS that Bylaw 1891-17, being a bylaw for the purpose of closing to public travel and LEASING that portion of road allowance adjacent to the south boundary of S 6-17-15-W4, be given FIRST reading. MOTION CARRIED LUNCH Council RECESSED for lunch at 11:58 a.m. and RECONVENED at 12:48 p.m. 9. ADMINISTRATIVE BUSINESS—continued 9.3 Survey Results-Keeping Chickens in Hamlets&Grouped Residential Areas—continued Discussion followed. The Director of Corporate Services provided further information, indicating that urban communities have proceeded with a licensing model rather than relaxinq the Animal Control Bylaw. Councillor G. Simpson sugqested that requiring permits may facilitate enforcement. CouncillorA.M. Philipsen suggested a low permit fee to encourage people to participate. A plan for enforcement can be developed through the pilot project as issues arise. The Chief Administrative Officer provided information regarding chicken bylaws from other municipalities. C-179/17 MOVED BY COUNCILLOR KELLY CHRISTMAN that Council APPROVES proceeding with a pilot project for allowing chickens in the Hamlet of Tilley. % MOTION CARRIED This item will be brought back to a future Council meeting for further discussion. 9.6 Setting Aside Dates for Future Meetings—continued Further discussion on various upcoming meetings followed. C-180/17 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the August 24, 2017 Municipal Planning Commission and Council Meetings be CANCELLED. MOTION CARRIED C-181/17 MOVED BY COUNCILLOR CLARENCE AMULUNG that the 2017 Organizational Meeting be scheduled for October 26, 2017 beginning at 9:00 a.m.; further, that the Municipal Planning Commission and Council Meetings of October 19, 2017 be RESCHEDULED for October 26, 2017 following the Organizational Meeting. MOTION CARRIED C-182/17 MOVED BY COUNCILLOR CLARENCE AMULUNG that the initial review of the 18 budget be held on October 31 and November 1, 2017. MOTION CARRIED Page 9 of 11 Regular Council June 8,2017 9J Cheques for Payment There were no Cheques for Payment to discuss at this meeting. 9.8 Payment Register The Director of Corporate Services responded to questions from Council. C-183/17 MOVED BY COUNCILLOR TRACY FYFE that the Payment Register be accepted. MOTION CARRIED 9.9 Requests for Functions of Council - 9.9.1 BMO Farm Family Awards(July 10,2017) C-184/17 MOVED BY COUNCILLOR KELLY CHRISTMAN that Councillor A.M. Philipsen be permitted to attend the BMO Farm Family Awards in Calgary,AB on July 10, 2017 as a function of Council. MOTION CARRIED 11. POST AGENDA ITEMS 11.1 C&B Alberta Solar Development ULC-Amendment to Option&Lease Agreement ! The Director of Corporate Services provided background information on this item. An i � amendment to the Option & Lease agreement is necessary to meet the requirements of � the Alberta Electric System Operator (AESOJ renewable energy power supply auction process. The Director of Corporate Services responded to questions from Council. C-185/17 MOVED BY COUNCILLOR WAYNE HAMMERGREN that Council approve an amending agreement with C&B Solar Development ULC to allow the Assignment by the Option Holder and Assignment in Lease Form as proposed by administration. MOTION CARRIED ARRIVED AT MEETING M. Harbicht arrived at 1:09 p.m. 10. MUNICIPAL SERVICES BUSINESS—continued 10.1 Director of Municipal Services Report The Director of Municipal Services presented his report to Council, giving an overview of � the highlights. Council was given the opportunity to ask questions. C-186/17 MOVED BY COUNCILLOR BRIAN DE JONG that the Director of Municipal Services Report and the Utilities- NRSC Report for May 2017 be APPROVED as presented. MOTION CARRIED Page 10 of 11 Regular Council June 8,2017 12. INFORMATION ITEMS 12.1 Mini Bus Monthly Report(May 2017) This item was accepted as information. 13. QUESTION PERIOD/NOTICE OF MOTION A question period and notice of motion was held. 14. IN CAMERA C-187/17 MOVED BY COUNCILLOR GORDON SIMPSON that we move in camera at 1:19 p.m.to discuss two land issues and three legal issues. MOTION CARRIED C-188/17 MOVED BY COUNCILLOR LIONEL JUSS that we move out of camera at 3:50 p.m. MOTION CARRIED C-189/17 MOVED BY COUNCILLOR LIONEL JUSS that, given the continued unauthorized use of the County Road Allowance, Township Road 14-0 from Range Road 13-5 east 800 meters located between NW 32-13-13-W4 and SW 5-14-13-W4, County Administration is directed to proceed to bring an '' application before the Court of Queen's Bench, under section 554 of the Municipal Government Act, for a permanent injunction and such other orders as may be required to prevent the continued interference with the County's direction, control, and management of Township Road 14-0,and its use by the public. MOTION CARRIED 15. ADJOURN Being that the agenda matters have been concluded,the meeting adjourned at 3:51 p.m. Signed this�'�' day of ,2017 , Reeve - Co ministrator Page 11 of 11