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HomeMy WebLinkAbout2009-07-10 Council (Regular) Minutes,,_. COUNTY OF NEWELL NO.4 MINUTES OF COUNCIL MEETING July 10, 2009 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Friday, July 10, 2009 commencing at 10:08 a.m. MEMBERS PRESENT: M. Douglass, Reeve COUNCILLORS: W. Daniels I. Schroeder A.M. Philipsen R. Andrews J. Harbinson A. Eastman B. de Jong H. Wutzke ABSENT: S. Evans STAFF: L. Johnson, Assistant Administrator D. Horvath, Oldman River Regional Services Commission A. Wickert, Development Control Officer D. Crapo, Information Technologist A. Clapton, Executive Assistant OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: R. Kiedrowski, Brooks & County Chronicle M. Fitzgerald, Q-13 Fox Radio Blaine Johnson, Road Closure Application Holly Johnson, Road Closure Application 1. EXCUSED FROM MEETING C-225/09 MOVED BY COUNCILLOR A.M. PHILIPSEN that Councillor S. Evans be excused from the meeting. MOTION CARRIED 2. MINUTES The following changes were made to the June 25, 2009 Council minutes: Page 8 -Item 10(c) -should read "...with the involvement of the Brooks Kinsmen, the Silver Sage Agricultural Society, and the Eastern Irrigation District. " Page 8 -Motion 221/09 -should read `:..care in Brooks, and that Administration invite the Brooks Hospital Chief of Sfaff to provide more information on this issue at a future meeting." ~^d? Regular Council Minutes Page 2 July 10, 2009 C-226/09 MOVED BY COUNCILLOR J. HARBINSON that the June 25, 2009 Council minutes be adopted as amended. MOTION CARRIED 3. CALL FOR POST AGENDA ITEMS The Reeve called for post agenda items. 4. ADOPTION OF AGENDA C-227/09 MOVED BY COUNCILLOR A. EASTMAN that the agenda be adopted as amended. MOTION CARRIED 5. CHEQUES FOR PAYMENT The Assistant Administrator responded to questions from Council. C-228/09 MOVED BY COUNCILLOR J. HARBINSON that cheques 165275 to 165281 in the amount of $97,385.08, cheques 165282 to 165362 in the amount of $1,339,093.53, cheques 165363 to 165367 in the amount of $117,241.82, and Direct Debit Batch 15198 in the amount of $80,801.30 be approved. -- MOTION CARRIED 6. BUSINESS FROM MINUTES There was no business from the minutes to discuss at this meeting. ARRIVED AT MEETING A. Wickert arrived at 10:19 a.m. 7. OTHER BUSINESS b. Road Closure & Sale Application (L. Pickett & 1078828 Alberta Ltd.) The Development Control Officer presented background information on this item to Council, noting that the applicant was L. Pickett and not Pickett Ranching as had been identified in the report. She also indicated that the application was for a closure and sale, but the applicant was willing to accept a lease. The Development Control Officer responded to questions from Council, indicating that the applicant is requesting the closure for an irrigation . pivot that he plans to install. Discussion followed regarding the purpose Regular Council Minutes Page 3 July 10, 2009 of the road closure and lease and what this meant for the landowner and how access is granted in the future. C-229/09 MOVED BY COUNCILLOR W. DANIELS that Council accept the application for and proceed with the process for the closure and lease of the road allowance located between NE & SE 21-22-17-W4 and NW & SW 22-22-17- W4 and between NE 16-22-17-W4 and NW 15-22-17-W4. MOTION CARRIED ARRIVED AT MEETING B. Johnson and H. Johnson arrived at 10:35 a.m. a. Road Closure & Lease Application (C.O. Johnson & Sons Ranches) The Development Control Officer presented background information on this item to Council. She presented Council with a map showing the sections of road to be closed and the areas to which EnCana required access. Council was given the opportunity to ask questions. H. Johnson explained the reasons for the road closures, indicating that they would like control over how people access these areas in order to preserve ~^ the land. The Development Control Officer showed the alternate access points for EnCana for each closure and indicated one point that would close the road on either side of Shuttleworth Trail. D. Horvath noted that the bylaw must be written very specifically in order to not close portions of the Shuttleworth Trail. B. Johnson indicated that EnCana was in agreement with the application and explained that the main reason for the closures was to protect the prairie from damage caused by unauthorized access to the road allowances, which are difficult to locate without a land survey. With a registered road closure and lease, those who require access would have to plan their route and there would be a 90 day period in which they would have to come to an agreement with the leaseholder. Council inquired about how access would be restricted. B. Johnson replied that the areas along the highway were already fenced off. D. Horvath noted That public road allowances should not be fenced unless they are leased, and that a lease would allow the County to reopen the road allowances if required in the future. The landowners would be responsible for permitting access with the understanding that the lease would be cancelled if an access agreement cannot be reached. C-230/09 MOVED BY COUNCILLOR H. WUTZKE that Council accept the application for and proceed with the closure and lease of the road allowances located: ,.~ - on Range Roads 15-0, 14-4, and 14-3 'h mile (0.8km) north from Secondary Highway 530; Regular Council Minutes July 10, 2009 - on Range Road 14-5 0.28 mile NW 17-15-14, and approximate) NE 19 and NW 20-15-14-W4; - on Township Road 15-4 'h mile NE 19-15-14-W4; and Page 4 (0.45km) between NE 18 and y 0.36 mile (0.58km) between (0.8km) between SE 30 and - on Township Road 16-0 - 1 mile (1.6 km) between S 6 and N 31-15-14-W4 excluding those portions of the roads that cross Shuttleworth Trail. MOTION CARRIED LEFT THE MEETING B. Johnson and H. Johnson left the meeting at 11:13 a.m. 8. PUBLIC HEARINGS C-231/09 MOVED BY COUNCILLOR I. SCHROEDER that we move into Public Hearings at 11:15 a.m. MOTION CARRIED a. Disposal of Municipal Reserve Ptn. of Lot 2 MR, Plan 841 0735 (NW ~/a 24-16-16-W4) Reeve M. Douglass called the Public Hearing to order at 11:15 a.m. The Assistant Administrator stated that the purpose of the Public Hearing was to hear representations on Council's intention to dispose of the Municipal Reserve designation for a portion of Lot 2MR, Plan 841 0735 (NW '/a 24-16-16-W4) in order to sell this parcel to the Newell Regional Services Corporation for the management of regional infrastructure. D. Horvath provided background information on this item. Ownership of the water treatment plant on this site will eventually be transferred to the Newell Regional Services Corporation. Only a School Board or Municipality can own a Municipal Reserve parcel, so the MR designation must be removed prior to the transfer. Reeve M. Douglass did not review the procedures that would be followed for the hearing as there were no new persons in attendance. There were no persons in attendance speaking either in favour of or in opposition to the proposed disposal of Municipal Reserve. Council was given the opportunity to ask questions. Councillor A. Eastman asked for clarification on the steps required for the process. ,~,,,~ D. Horvath replied that this item had been advertised as removal of MR Regular Council Minutes Page 5 July 10, 2009 designation on a portion of Lot 2 MR, Plan 841 0735 and would be ~"" registered as Lot 1, Block 1 of a separate plan. Councillor W. Daniels inquired about the adjacent Triangular parcel on the map and suggested that this be included. D. Horvath noted that she would investigate and possibly incorporate it at the time of subdivision. b. Bylaw 1667-09 - 09 LUA 005 (Text Amendment) Reeve M. Douglass called the Public Hearing to order at i 1:24 a.m. The Assistant Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1667-09. The intent of this bylaw is to amend Schedule 4 of Land Use Bylaw 1626-07 by clarifying the setbacks from coulees, watercourses, and water bodies in the area encompassed by Lake Newell Resort. D. Horvath provided background information on this item, indicating that there had been no responses received from the circulation. Reeve M. Douglass did not review the procedures that would be followed for the hearing as there were no new persons in attendance ,~- There were no persons in attendance speaking either in favour of or in opposition to the proposed bylaw. Council was given the opportunity to ask questions. D. Horvath responded to questions from Council. c. Bylaw 1668-09 -Road Closure & Lease (Eastman) (E ~/s 34 & W '/s 35-21-16-W4) Reeve M. Douglass called the Public Hearing to order at 11:27 a. m. The Assistant Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1668-09. The intent of this bylaw is to close and lease a portion of the road allowance between E % 34 and W % 35-21-16-W4. Councillor A. Eastman declared a conflict of interest and left his seat at the Council table to occupy a chair in the delegation area of Council Chambers. ~,._. The Development Control Officer provided background information on this item, indicating that no objections had been received either from the required referrals or adjacent landowners. , Regular Council Minutes Page 6 July 10, 2009 Reeve M. Douglass did not review the procedures that would be followed for the hearing as there were no new persons in attendance There were no persons in attendance speaking either in favour of or in opposition to the proposed bylaw. Council was given the opportunity to ask questions. Councillor 1. Schroeder inquired abouf the response from Atco Gas which indicates that Pioneer Gas has jurisdiction over that area. The Development Control Officer replied that Atco Gas was a referral required by Alberta Transportation. Pioneer Gas was also contacted and they have no concerns with the road closure. C-232/09 MOVED BY COUNCILLOR A.M. PHILIPSEN that the Public Hearings be adjourned at 11:31 a.m. MOTION CARRIED Councillor A. Eastman returned to his seat at the Council table. 7. OTHER BUSINESS -continued f. Disposal of Municipal Reserve Ptn. of Lot 2MR, Plan 841 0735 (NW ~/a 24-16-16-W4) C-233/09 MOVED BY COUNCILLOR I. SCHROEDER that the application requesting the removal of Municipal Reserve designation for a portion of Lot 2MR, Plan 841 0735 in NW 1/a 24-16-16-W4 be APPROVED. MOTION CARRIED 9. BYLAWS a. Bylaw 1667-09 - 09 LUA 005 (Text Amendment) (2"d & 3rd Reading) D. Horvath presented background information on this item to Council. C-234/09 MOVED BY COUNCILLOR J. HARBINSON that Bylaw 1667-09, being a bylaw to amend Land Use Bylaw 1626-07 by amending Schedule 4, Standards of Development, section 22: Setbacks from coulees, watercourses, and water bodies by replacing section 22(e) with the following: "(e) In all land use districts, but excluding lands within the boundary of the Hamlet of Lake Newell Resort, development which occurs on land bordering awater - body shall be regulated and where the water body: (i) is less than 40 acres (16.2 ha), development shall be set back from the shoreline 100 ft (30.5 m); or Regular Council Minutes Page 7 July 10, 2009 /" (ii) is greater than 40 acres (16.2 ha), development shall be setback from the shoreline 200 ft (61 m)." A lesser setback maybe permitted when it is supported by a site investigation by a qualified geotechnicaUenvironmental engineer." be given SECOND reading. MOTION CARRIED C-235/09 MOVED BY COUNCILLOR H. WUTZKE that Bylaw 1667-09 be given THIRD and FINAL reading. MOTION CARRIED b. Bylaw 1668-09 -Road Closure & Lease (Eastman) The Development Control Officer presented background information on this item to Council. Councillor A. Eastman stated that he would abstain from voting due to a conflict of interest. C-236/09 MOVED BY COUNCILLOR B. DE JONG that Bylaw 1668-09, being a bylaw to close and lease a portion of the road allowance between E '/2 34 and W'h 35-21-16-W4, be given FIRST reading. MOTION CARRIED c. Bylaw 1671-09 -Temporary Road Closure (Bassano Air Rodeo) The Assistant Administrator presented Council with background information on this item. Council suggested that more Time may be required to move traffic before and after the air show and requested that the times in the bylaw be amended to 4:30 p.m. and 7:30 p.m. C-237/09 MOVED BY COUNCILLOR A. EASTMAN that Bylaw 1671-09, being a bylaw for the temporary closure and occupation or use of highways located within the County of Newell adjacent to the Bassano Airport when they are not required for public use, be given FIRST reading as amended. MOTION CARRIED C-238/09 MOVED BY COUNCILLOR I. SCHROEDER that Bylaw 1671-09 be given SECOND reading. MOTION CARRIED C-239/09 MOVED BY COUNCILLOR A.M. PHILIPSEN that consent be given for Bylaw 1671-09 to receive third reading this 10th day of July, 2009. MOTION CARRIED UNANIMOUSLY ~ C-240/09 MOVED BY COUNCILLOR J. HARBINSON that Bylaw 1671-09 be given THIRD and FINAL reading. MOTION CARRIED ., Regular Council Minutes Page 8 July 10, 2009 LEFT THE MEETING D. Horvath left the meeting at 11:37 a.m. 7. OTHER BUSINESS -continued a. Road Closure & Lease Application -continued (C.O. Johnson & Sons Ranches) The Development Officer indicated that, due to staff changes at both the County of Newell and EnCana, the previous road closure application by C.O. Johnson & Sons Ranches had not been addressed within the time period required by the Municipal Government Act, and as a result the original bylaw had been rescinded. Council was presented with a letter from the applicant requesting that the application fee be refunded. C-241/09 MOVED BY COUNCILLOR R. ANDREWS that the $450.00 Road Allowance Closure application fee be refunded. MOTION CARRIED c. NRSC Tender Award Approval Contract #3 (Upgrades to Treated Water Reservoirs) Council was presented with a recommendation from the Newell Regional Services Corporation to accept the low bid for the tender of Contract #3 (Upgrades to Treated Water Reservoirs). Councillor 1. Schroeder responded to questions from Council. C-242/09 MOVED BY COUNCILLOR I. SCHROEDER that the County of Newell No. 4 APPROVES the lowest tender in the amount of $3,092,054.00 plus GST from MJB Enterprises Ltd. for the Newell Regional Services Committee Upgrades to Treated Water Reservoirs -Contract No. 3. MOTION CARRIED d. Oldman River Regional Services Commission -Special Meeting Council was presented with information regarding a meeting held by ORRSC on July 14, 2009 to discuss the Alberta Land Use Framework. Council rescheduled the July 14, 2009 Workshop Session for July 13, 2009 following Municipal Committee meeting. C-243/09 MOVED BY COUNCILLOR A. EASTMAN that any member be permitted to attend the ORRSC Special Meeting in Lethbridge, AB on July 14, 2009 as a function of Council. MOTION CARRIED Regular Council Minutes July 10, 2009 e. Request to Waive Tax Penalties .~- Page 9 Council was presented with information from the Chief Administrative Officer regarding a phone call from a ratepayer requesting that their tax penalties be waived. C-244/09 MOVED BY COUNCILLOR A.M. PHILIPSEN that the request to refund the penalties applied to Tax Roll Nos. 459639 as a result of late payment of taxes be REFUSED. MOTION CARRIED ARRIVED AT MEETING D. Crapo arrived at 11:49 a.m. 10. POST AGENDA ITEMS a. 2009 Network Server Upgrade The Information Technologist presented Council with a report on the 2009 Network Server Upgrade and requested a budget adjustment to cover additional expenses. He outlined what would be included in the ,~-- server upgrade and cited an increase in prices, particularly for printers and software, as the reason for the budget adjustment. Council was given the opportunity to ask questions. C-245/09 MOVED BY COUNCILLOR J. HARBINSON that Council APPROVES a budget adjustment of $125,290.00 for the 2009 Network Server Upgrade to be funded in part from the 2008 Municipal Sponsorship Program Grant ($48,781.00) and the General Administration Capital Reserve ($76,509.00). MOTION CARRIED LEFT THE MEETING D. Crapo and A. Wickert left the meeting at 11:53 a.m. b. Newell Regional Services Corporation -Notice to Residents of Patricia Council was presented with a letter from the Newell Regional Services Commission regarding water consumption and restrictions for the Hamlet of Patricia. This letter was sent to all residents of Patricia and ~,-. includes a pamphlet with information on reducing water consumption. This item was accepted as information. Regular Council Minutes July 10, 2009 c. Sheerness Tour Page 10 Councillor A.M. Philipsen reported that she had obtained information regarding a tour of the Sheerness generating station and mine and asked if Council was interested in attending. Council discussed extending the invitation to the Eastern Irrigation District and the other municipalities within the County, and it was determined that this Council and members of the Economic Development & Tourism Advisory Committee should be given first priority. Councillor A.M. Philipsen will contact Sheerness and request potential dates in September for this tour. d. Letter from Canadian Union of Postal Workers Council was presented with a letter from the Canadian Union of Postal workers expressing concerns with the future of rural and small post offices and rural delivery. This item was accepted as information. e. Regional Water Lakeside Proposal Councillor H. Wutzke reported to Council regarding a recent meeting between the Newell Regional Services Corporation and Lakeside regarding the Lakeside water treatment plant and the possibility of ,~' water distribution to the UFA subdivision. This item was accepted as information. LEFT THE MEETING S. Stanway, R. Kiedrowski, and M. Fitzgerald left the meeting at 12:10 p.m. LUNCH Council RECESSED for lunch at 12:10 p.m. and RECONVENED at 1:10 p.m. 10. POST AGENDA ITEMS f. Brooks Cactus Pheasant Classic Announcement Council was presented with an invitation to the official announcement for the 3`~ Annual Brooks Cactus Pheasant Classic luncheon, which will be held on July 24, 2009 at the Heritage Inn. Reeve M. Douglass indicated that she would be attending and that she would also ask Kelly Christman, Chair of the Economic Development & Tourism Advisory Committee, to participate in the event. Regular Council Minutes Page 11 July 10, 2009 11. QUESTION PERIOD/NOTICE OF MOTION A question period and notice of motion was held. Councillor A. M. Philipsen requested that the next Awards Night be held in Pafricia rather than in Brooks as the new hall is ready. 12. INFORMATION ITEMS a. Shortgrass Library System -Board Meeting Minutes (April 22, 2009) Council was presented with fhe minutes of the April 22, 2009 board meeting of the Shortgrass Library System. This item was accepted as information. 13. IN CAMERA C-246/09 MOVED BY COUNCILLOR B. DE JONG that we move in camera at 1:25 p.m. MOTION CARRIED ~- C-247/09 MOVED BY COUNCILLOR J. HARBINSON that we move out of camera at 1:44 p.m. MOTION CARRIED 14. ADJOURN C-248/09 MOVED BY COUNCILLOR 1. SCHROEDER that the meeting adjourn at 1:45 p.m. MOTION CARRIED --~Z~ Reeve County A mini rat r