HomeMy WebLinkAbout2011-10-06 Council (Regular) Minutes COUNTY OF NEWELL
'~ Minutes of Regular Council
October 6, 2011
The regular Council Meeting of the County of Newell was held in the County
Office at Brooks, AB on Thursday, October 6, 2011 commencing at 10:18 a.m.
MEMBERS M. Douglass, Reeve
PRESENT:
COUNCILLORS: C. Amulung
I. Schroeder
A.M. Phillipsen
R. Andrews
M. Nesbitt
J. Bulger
A. Eastman
B. de Jong
L. Juss
STAFF: K. Stephenson, Chief Administrative Officer
L. Johnson, Assistant Administrator
... A. Wickert, Manager of Planning & Development
D. Horvath, County Planner - ORRSC
K. Martin, Fire & Emergency Services Coordinator
M. Fenske, Manager of Finance
M. Harbicht, Superintendent of Public works
A. Nielsen, Executive Assistant
OTHERS IN S. Stanway, Brooks Bulletin
ATTENDANCE: 1 County Ratepayer (Subdivision Extension 2007 -0 -288)
3 County Ratepayers (Public Hearing)
1. CALL TO ORDER
Reeve M. Douglass called the meeting to order at 10:18 a.m.
2. EXCUSED FROM MEETING
All members were in attendance at this meeting.
Regular Council
October 6, 2011
3. ADOPTION OF MINUTES
a. Minutes - Council (September 22, 2011)
C- 332/11 MOVED BY COUNCILLOR B. DE JONG that the September 22, 2011 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- 333/11 MOVED BY COUNCILLOR A. EASTMAN that the agenda be adopted as
amended.
MOTION CARRIED
7. BYLAWS
a. Bylaw 1720 -11 - Animal Control
(2nd Reading)
The Manager of Planning & Development provided background information
on this item including an explanation of the amendments that had been made
following first reading. Councillor A.M. Philipsen requested clarification on
Articles 5.2 and 5.3. The County Planner indicated that parcels zoned
Agricultural District are excluded from Articles 5.2 and 5.3. The County
Planner responded to further questions from Council. Discussion followed
regarding the mailing of notices and it was agreed that notices and violation
tickets should be sent via registered mail and deemed to be received within
five (5) days of mailing. Councillor M. Nesbitt expressed concerns with
enforcement of the provisions outlined in Article 6. The County Planner
replied that the bylaw will be driven by complaints and this article allows the
bylaw enforcement officers to respond to complaints of this nature.
C- 334/11 MOVED BY COUNCILLOR A. EASTMAN that Bylaw 1720 -11, being a bylaw to
provide for the regulation and control of animals within the County of Newell, be
given SECOND reading as amended.
MOTION CARRIED
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C- 335/11 MOVED BY COUNCILLOR B. DE JONG that Bylaw 1720 -11 be given THIRD
and FINAL reading.
MOTION CARRIED
b. Bylaw 1733 -11 - Municipal Emergency Management
(2nd & 3rd Reading)
The Fire & Emergency Services Coordinator provided Council with
background information on this item indicating that members on the
Emergency Management Committee would be appointed during the October
20, 2011 Organizational Meeting. At the first meeting of the Emergency
Management Committee, the Director and Deputy Director of Emergency
Management would be appointed. The Fire & Emergency Services
Coordinator responded to questions from Council.
C- 336/11 MOVED BY COUNCILLOR M. NESBITT that Bylaw 1733 -11, being a bylaw for
the appointment of an Emergency Management Committee and to establish and
maintain a Municipal Emergency Management Agency, be given SECOND
reading.
MOTION CARRIED
C- 337/11 MOVED BY COUNCILLOR A.M. PHILIPSEN that Bylaw 1733 -11 be given
THIRD and FINAL reading.
MOTION CARRIED
LEFT THE MEETING
K. Martin left the meeting at 10:54 a.m.
c. Bylaw 1734 -11 -11 MDP 001
Proposed Amendment to CFO Exclusionary Zone Boundary in the
Municipal Development Plan (Bylaw 1705 -10) - Appendix C
(1st Reading)
The County Planner provided background information on this item and
responded to questions from Council.
C- 338/11 MOVED BY COUNCILLOR I. SCHROEDER that Bylaw 1734 -11, being a bylaw
to amend the County of Newell Municipal Development Plan (Bylaw 1705 -10) by
removing from Appendix C: CFO Exclusionary Area the lands legally described
as E 10- 18- 14 -W4, Section 11- 18- 14 -W4, and W 12- 18- 14 -W4, be given FIRST
�-A reading.
MOTION CARRIED
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8. ADMINISTRATIVE BUSINESS
a. Road Closure - Approval to Proceed
(Ptn. TR 23-4 between SW & SE 28- 23 -18 -W4 and NW & NE 21- 23- 18 -W4)
The Manager of Planning & Development provided background information
on this item. When approval was given for the road diversion in 1993,
discussion took place regarding the closure and sale of Township Road 23 -4
to Clearview Colony. The Manager of Planning & Development responded to
questions from Council.
ARRIVED AT MEETING
1 County ratepayer arrived at 11:07 a.m.
Councillor M. Nesbitt inquired about the road closure process and the
Assistant Administrator provided clarification. The County Planner
responded to further questions from Council.
C- 339/11 MOVED BY COUNCILLOR B. DE JONG that Council accepts the application for
and proceeds with the process for the closure and SALE of the portion of Twp.
Rd. 23 -4 between SW & SE 28 and NW & NE 21- 23- 18 -W4.
MOTION CARRIED
b. Road Closure - Approval to Proceed
Ptn. laneway Lot 15, Block 1, Plan 8210258 (Rolling Hills)
The Manager of Planning & Development provided background information
on this item. The Public Works Department has indicated that they would
prefer not to close any lanes as they are used to access the parcels, and
closing this lane in particular would limit access to other lots in the area. The
Manager of Planning & Development responded to questions from Council.
C- 340/11 MOVED BY COUNCILLOR C. AMULUNG that Council REFUSES the
application for the closure and sale of the portion of laneway south and west of
Lot 15, Block 1, Plan 821 0258 due to potential access issues that could arise as
a result of the closure.
MOTION CARRIED
c. Subdivision Extension Request - 2007 -0 -288
N. Salonka provided Council with background information on this item,
indicating that a Traffic Impact Assessment is no longer required by Alberta
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Transportation if acceleration /deceleration lanes are installed. He also
indicated that the stormwater management plan for all 32 lots has been
completed.
ARRIVED AT MEETING
2 County ratepayers arrived at 11:23 a.m.
Council was given the opportunity to ask questions. Councillor
A.M. Philipsen noted that the previous request had been denied due to the
fact that a new land use bylaw had been adopted since the subdivision was
approved. The County Planner indicated that this issue still remains, as well
the policies included in the revised Municipal and Inter Municipal
Development Plans have changed since 2007. She recommended that more
information be collected before Council makes a decision to approve the
extension request.
ARRIVED AT MEETING
1 County ratepayer arrived at 11:29 a.m.
Councillor B. de Jong inquired about the stormwater management plan. The
County Planner replied that the stormwater management plan has been
approved. Discussion on this item was postponed until later during this
meeting.
C- 341/11 MOVED BY COUNCILLOR A.M. PHILIPSEN that we move into Public Hearings
at 11:36 a.m.
MOTION CARRIED
6. PUBLIC HEARINGS
a. Proposed Lease of Municipal Reserve Land (Bow City)
Lot 23 MR, Block 1, Plan 841 0810 (SE 13- 17- 17 -W4)
Reeve M. Douglass called the Public Hearing to order at 11:36 a.m.
Reeve M. Douglass reviewed the procedures that would be followed for the
hearing.
The Manager of Planning & Development stated that the intent of the Public
Hearing is to discuss a request to lease the Municipal Reserve parcel
described as Lot 23 MR, Block 1, Plan 841 0810 (SE 13- 17- 17 -W4) for year
ti round cattle grazing.
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The County Planner provided background information on this item, indicating
that two letters from adjacent landowners have been received in response to
the circulation. The first letter expresses concerns regarding proximity of
livestock to the hamlet and the river and suggests that surrounding
landowners be informed of the conditions of the lease. The second letter
requests clarification regarding the area and purposes of the lease and notes
that the land is used by residents for recreational purposes.
The applicant, H. Brauer, provided Council with background information on
this item, indicating that he had applied previously for a fence installation to
prevent cattle from entering the Hamlet of Bow City. He also requested that,
if the lease is not approved, the County clear the brush on a regular basis to
prevent damage to the fence resulting from overgrowth.
Council was given the opportunity to ask questions. H. Brauer explained the
grazing rotation of his cattle. The Manager of Planning & Development
indicated on a map the land along the river which is designated an
Environmental Reserve and may not be leased and noted that the fence at
the south end of the Municipal Reserve parcel must be constructed so that
cattle cannot access the river. H. Brauer responded to questions from
Council.
Councilor B. de Jong requested clarification on the Environmental Reserve.
The County Planner replied that the Environmental Reserve and Municipal
Reserve parcels were established when the subdivision was created. Land
with the Environmental Reserve designation must be left in its natural state
and cannot be leased or disposed of. She acknowledged that someone has
been mowing sections of this Environmental Reserve and they will have to be
informed that this is not permitted. Reeve M. Douglass suggested that the
Public Hearing be recessed until a later date when more information has
been gathered regarding the state of the fencing.
J. Maitland, speaking in opposition, asked if there would still be public access
to the property if the Municipal Reserve parcel was leased. The County
Planner replied that if the lease is granted, there will be no public access
permitted. She also noted that any further information must be directed to
Administration and presented to Council at the same time. Discussion
followed and it was determined that staff from either ASB or Public Works
would examine the fence around the Municipal Reserve land.
C- 342/11 MOVED BY COUNCILLOR I. SCHROEDER that the Public Hearing be
RECESSED until the Council meeting of November 10, 2011 at 11:30 a.m.
MOTION CARRIED
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LEFT THE MEETING
4 County ratepayers left the meeting at 12:20 p.m.
LUNCH
Council RECESSED for lunch at 12:10 p.m. and RECONVENED at 1:00 p.m.
ARRIVED AT MEETING
M. Harbicht and 1 County ratepayer arrived at 1:00 p.m.
8. ADMINISTRATIVE BUSINESS - CONTINUED
c. Subdivision Extension Request - 2007 -0 -288 - continued
Discussion continued on this item. The County Planner noted that a refusal
of the extension request would result in the developer having to start the
subdivision process over. The County Planner responded to further
questions from Council.
C- 343/11 MOVED BY COUNCILLOR A.M. PHILIPSEN that the request for a one year
time extension to subdivision application 2007 -0 -288 to October 6, 2012 be
DENIED.
MOTION CARRIED
LEFT THE MEETING
A. Wickert, D. Horvath, and 1 County ratepayer left the meeting at 1:05 p.m.
ARRIVED AT MEETING
M. Fenske arrived at 1:07 p.m.
d. Budget Meetings (Set Dates)
Council decided that the 2012 Budget Review Meeting would be held on
November 15, 2011 beginning at 9:00 a.m. with November 16 set aside
should additional time be required.
e. Reserve Forecasting
The Manager of Finance provided information to Council regarding the
various reserves. He provided an overview of the reserve commitments
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made so far, including paving and bridge files, and indicated that he has been
working with staff to develop a more effective reserve summary report to
present to Council.
Council was given the opportunity to ask questions. Councilor A. Eastman
inquired about consolidating some of the reserves. The Manager of Finance
indicated that they are proposing to reduce the number of reserves and
explained the consolidation process. The Chief Administrative Officer noted
that the hamlet utility reserves must be accounted for separately as those
monies have been collected through the water and sewer fees for each
hamlet, and the Manager of Finance explained the proposal for those
reserves. The Manager of Finance responded to further questions from
Council.
Discussion followed regarding the Regional Enhancement Reserve. The
Chief Administrative Officer provided background information on the Regional
Enhancement Reserve and responded to further questions from Council.
LEFT THE MEETING
M. Fenske left the meeting at 1:30 p.m.
f. Funding Request - Regional Enhancement Reserve (Division 4)
Councilor R. Andrews presented background information on this item and
responded to questions from Council.
C- 344/11 MOVED BY COUNCILLOR A.M. PHILIPSEN that the Regional Enhancement
Reserve Funding Request from the Bow City Community for trees and signs for
Bow City Community Park be APPROVED in the amount of $1,292.79 with
funding through the Regional Enhancement Reserve allocation for Division 4.
MOTION CARRIED
g. Economic Development Committee Appointment - Village of Duchess
The Assistant Administrator provided Council with background information on
this item, indicating that the Economic Development & Tourism Committee
bylaw had been amended to provide for the appointment of divisional
representatives residing within the urban community in the division.
Currently, all urban communities have representation except the Village of
Duchess and the City of Brooks. Discussion followed regarding inviting
representation on the Economic Development & Tourism Committee from the
Village of Duchess. Councilor A.M. Philipsen and R. Andrews agreed that
having representation from the municipalities works well and indicated that
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the Village of Duchess is well- represented by the current committee member
from Division 8. Council also discussed the need to select a representative
from Division 9 to replace the current Division 9 representative whose term
has concluded.
h. Councillor Payment Sheets (August 2011)
C- 345/11 MOVED BY COUNCILLOR B. DE JONG that the August 2011 Councillor
Payment Sheets be accepted with the amendments recommended by the
Councillor Compensation Review Committee.
MOTION CARRIED
i. Cheque Register
The Assistant Administrator responded to questions from Council.
C- 346/11 MOVED BY COUNCILLOR A. EASTMAN that the Cheque Register be
accepted.
MOTION CARRIED
9. PUBLIC WORKS BUSINESS
a. Contract - Regional Water Supply Project (Town of Bassano)
The Chief Administrative Officer provided Council with background
information on this item, indicating that this contract involves the fee for the
engineering required for Phase Three of the Regional Water Supply Project
which will connect the Town of Bassano. The Chief Administrative Officer
responded to questions from Council.
C- 347/11 MOVED BY COUNCILLOR I. SCHROEDER that Council authorizes the
execution of the Confirmation of Assignment Agreement in the amount of
$1,024,000.00 with MPE Engineering Ltd. for engineering services related to
including Bassano in the Regional Water Project.
MOTION CARRIED
b. Superintendent of Public Works Report
The Superintendent of Public Works presented his report to Council, giving
an overview of the highlights. Council was given the opportunity to ask
4 41110' questions. Councillor A. Eastman requested an update on the Range Road
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15 -5 paving project. The Superintendent of Public Works replied that the
landowners involved will be receiving correspondence outlining
compensation rates and a map. The Superintendent of Public Works
provided an update on the Rolling Hills drainage and storm water projects
and provided information regarding the gravel lock surfacing applied to
Highway 525. The Superintendent of Public Works responded to further
questions from Council.
LEFT THE MEETING
M. Harbicht left the meeting at 2:14 p.m.
c. Utilities - NRSC Report
The Utilities -NRSC report was presented to Council.
C- 348/11 MOVED BY COUNCILLOR A. EASTMAN that the Superintendent of Public
Works report and the Utilities - NRSC Report for September 2011 be
APPROVED as presented.
MOTION CARRIED
10. POST AGENDA ITEMS
a. Federation of Canadian Municipalities (FCM) — Protege Program
Councillor M. Nesbitt provided background information on this item, indicating
that the FCM will choose three communities to be involved in a program that
encourages young women to become involved in municipal government.
Councillor M. Nesbitt responded to questions from Council.
C- 349/11 MOVED BY COUNCILLOR M. NESBITT that Administration send a letter in
expressing the County of Newell's interest in participating in the FCM Protege
Program.
MOTION CARRIED
b. Southern Alberta Energy from Waste Alliance (SAEWA) Conference
Councillor B. de Jong provided Council with background information on this
item, indicating that Councillor L. Juss will attend the conference on his
behalf.
C- 350/11 MOVED BY COUNCILLOR B. DE JONG that Councillor L. Juss be permitted to
attend the Southern Alberta Energy from Waste Alliance Conference in
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Champion, AB on October 14, 2011 as a function of Council.
MOTION CARRIED
c. Appointment of Bylaw Officers
The Chief Administrative Officer provided Council with background
information on this item.
C- 351/11 MOVED BY COUNCILLOR C. AMULUNG that John Nesbitt and Michael
Carolan be appointed as Bylaw Enforcement Officers and Animal Control Officers
for the County of Newell.
MOTION CARRIED
d. Regional Enhancement Reserve (Divisions 5 & 10)
Councillor L. Juss reported that a committee has been established consisting
of the Councillors from Divisions 5 and 10 plus two members at large. He
noted that the City of Brooks has declined the opportunity to have a
„�«.. representative on the committee, as a portion of the funding has already
been committed to a City project.
11. INFORMATION ITEMS
There were no information items to discuss at this meeting.
12. QUESTION PERIOD /NOTICE OF MOTION
A question period and notice of motion was held.
Council was reminded to advise either the Agricultural Fieldman or the
Administrative Assistant if they wish to attend the South Region ASB
Conference.
Reeve M. Douglass inquired about the date, location, and agenda for the annual
Joint Municipal Meeting. The Chief Administrative Officer indicated that he would
investigate.
The Chief Administrative Officer provided Council with an update on the progress
of the new facilities. He indicated that the New Facilities Planning Committee
would be meeting in Brazeau County and that Council was welcome to
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participate in the tour arranged for 11:45 a.m. on October 19, 2011. The Chief
Administrative Officer responded to questions from Council.
13. IN CAMERA
C- 352/11 MOVED BY COUNCILLOR A.M. PHILIPSEN that we move in camera at 2:34
p.m. to discuss a labour issue.
MOTION CARRIED
C- 353/11 MOVED BY COUNCILLOR A. EASTMAN that we move out of camera at
3:23 p.m.
MOTION CARRIED
14. ADJOURN
Being that the agenda matters have been concluded, the meeting adjourned at
3:33 p.m.
Signed this 20 day of Q CY kQJ , 2011
Reeve
you y Administrator
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