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HomeMy WebLinkAbout2012-07-19 Council (Regular) MinutesCOUNTY OF NEWELL MINUTES OF Regular Council July 19, 2012 The regular Council Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, July 19, 2012 commencing at 11:10 a.m. MEMBERS PRESENT: M. Douglass, Reeve COUNCILLORS: C. Amulung 1. 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 T. Green, Agricultural Fieldman M. Harbicht, Superintendent of Public Works G. Tiffin, Technical Manager J. Nesbitt, CPO Supervisor R. Fernell, Database Administrator A. Nielsen, Executive Assistant OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: L. Hanrahan, Brooks & County Chronicle S. Sgt. T. McNulty, Brooks RCMP Cst. V. Holz, Brooks RCMP M. Chorney, County Ratepayer S. Vikedal, County Ratepayer C. Mitchell, AMEC L. Mak, AMEC . CALL TO ORDER Reeve M. Douglass called the meeting to order at 11:10 a.m. Regular Council July 19, 2012 C-228/12 C-229/12 2. EXCUSED FROM MEETING All members were in attendance at this meeting. 3. ADOPTION OF MINUTES a. Minutes - Council (July 19, 2012) MOVED BY COUNCILLOR A.M. PHILIPSEN that the July 5, 2012 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 MOVED BY COUNCILLOR L. JUSS that the agenda be adopted as presented. IP MOTION CARRIED 8. ADMINISTRATIVE BUSINESS a. Subdivision Extension Request - 2011-0-075 (SW 4-15-13-W4) The County Planner provided background information on this item, indicating that one of the outstanding conditions requires a roadside development permit for the removal of one or more of the three accesses to the highway. Council was given the opportunity to ask questions. C-230/12 MOVED BY COUNCILLOR I. SCHROEDER that the request for a one year time extension to subdivision application 2011-0-075 to July 19, 2013 be APPROVED. LEFT THE MEETING D. Horvath left the meeting at 11:13 a.m. 11\-- Page 2 of 10 MOTION CARRIED Regular Council July 19, 2012 • ARRIVED AT MEETING T. Green arrived at 11:13 a.m. 7. AGRICULTURAL BUSINESS a. Agricultural Fieldman's Report (July 2012) Highlights of the recent ASB Tour were given by the Agricultural Fieldman, Councillor A. M. Philipsen, Councillor B. de Jong, and Councillor A. Eastman. ARRIVED AT MEETING J. Nesbitt arrived at 11:21 a.m. Discussion followed regarding whether or not the County should apply to host a future ASB tour. The Agricultural Fieldman reported that the last time the County hosted the ASB tour was in 1996 and the next available tour will be in 2014. Council expressed interest and the Agricultural Fieldman indicated that he would prepare a plan and a cost estimate for future consideration. The Agricultural Fieldman presented his report for July 2012, giving an overview of the highlights. ARRIVED AT MEETING S. Sgt. T. McNulty and Cst. V. Holz arrived at 11:31 a.m. The Agricultural Fieldman noted that, since the report was prepared, the brillion seeder has been rented out so the drill usage figure has changed. ARRIVED AT MEETING R. Fernell arrived at 11:34 a.m. Council was given the opportunity to ask questions. Councillor L. Juss inquired about the status of the roadside spraying program, as he had been contacted by a ratepayer. The Agricultural Fieldman replied that the program had been delayed by approximately 3 -4 days due to bad weather. He noted that the ASB department prefers spraying to mowing as spraying kills the weed, whereas a mowed weed will grow back. • LEFT THE MEETING T. Green left the meeting at 11:37 a.m. Page 3 of 10 Regular Council July 19, 2012 6. DELEGATIONS a. RCMP Quarterly Reports S. Sgt. T. McNulty presented the Brooks RCMP Quarterly report to Council, giving an overview of the statistics and significant events in the County. Council was given the opportunity to ask questions. LEFT THE MEETING S. Sgt. T. McNulty and Cst. V. Holz left the meeting at 11:45 a.m. J. Nesbitt presented the County of Newell CPOs report to Council. He indicated that he had consulted with other counties regarding the reports prepared using ReportExec and asked for feedback from Council regarding the report format. He explained the chart of incident types and gave examples of what would be included in each of the categories. If an incident is not specific to any one area, it is included in the 'Other' categories. Also included was a chart showing the number of citations issued versus the number of warnings given. J. Nesbitt responded to questions regarding incidents of sprinkling on roads and how noise complaints are dealt with. Councillor C. Amulung requested that the 'Other' subcategories be removed. Council indicated that the report format was adequate. LEFT THE MEETING J. Nesbitt and R. Fernell left the meeting at 12:10 p.m. LUNCH Council RECESSED for lunch at 12:10 p.m. and RECONVENED at 12:55 p.m. ARRIVED AT MEETING Councillor R. Andrews, A. Wickert, D. Horvath, and M. Chorney arrived at 12:55 p.m. b. M. Chorney - Development Concerns at SW 5- 18 -14 -W4 The Manager of Planning & Development provided background information on this item. Upon receiving an electrical permit application to provide electricity to a moved -in dwelling, the Planning & Development Department discovered that no development permit had been issued for the moved -in dwelling. Further, Motion P- 187/05 from the October 25, 2005 Municipal Planning Commission states that no further development permits will be considered on SW 5- 18 -14 -W4 until the developer has completed an Area Structure Plan. She provided a history of the site, which was deemed 'legal Page 4 of 10 • Regular Council July 19, 2012 • • • non - conforming' in 1980, meaning that the development could remain as is, but any new development or changes to the existing development must be brought into compliance with the Land Use Bylaw. Several requests and reminders were sent to the landowner. A discussion paper was provided to the County Planner in 2007 by the company that had been hired to prepare the ASP requesting input from Council regarding the land. The planner contacted the company in 2008 to tell them to proceed with preparing the ASP and the landowner had hired a company to locate the sewage systems on the property. There is no further correspondence. The Manager of Planning & Development indicated that, in light of Motion P- 187/05, no development permits may be issued until the ASP is approved. Council was given the opportunity to ask questions. M. Chorney indicated that she had been given verbal approval from the landowner to replace the cabin on the property with a newer one. She distributed a copy of her development permit application, written permission from the landowner, and a site plan. At a meeting with the Manager of Planning & Development, the Development Officer, and the County Planner, she was told that she may not obtain permits until the County's issue with the landowner is resolved. M. Chorney requested that Council waive the requirement for permits in this case so that she is able to reinstall electrical service in the new cabin. The Manager of Planning & Development and the County Planner responded to questions from Council. Councillor M. Nesbitt asked if the landowner had been contacted recently regarding the status of the ASP. The County Planner replied that the landowner has been asked to provide information and, until he does, there can be no change to the development. Councillor A.M. Philipsen noted that this is not a new development. The County Planner indicated that the Municipal Government Act must be followed, as there is a Land Use Bylaw for the County that requires development permits. The process is the same for replacing a building as it is for constructing a new building. Councillor M. Nesbitt indicated that obtaining the ASP is important, as there will likely be other development permit applications. The County Planner explained the concept of legal nonconformity and expressed concerns that the building was moved in after inquiries were made regarding obtaining permits. M. Chorney noted that other developments had likely occurred on the land without permits. Discussion followed and the Chief Administrative Officer recommended that the County obtain outside legal advice on this issue due to legislated noncompliance of the development. The Chief Administrative Officer replied that the development did not follow the County's development protocol and that this is not an area in which people can just do as they wish. The Chief Administrative Officer indicated that he recommended that independent legal advice be obtained on the entire development, not just the applicant's noncompliance. Page 5 of 10 Regular Council July 19, 2012 ARRIVED AT MEETING G. Tiffin and S. Vikedal arrived at 1:28 p.m. Councillor A. Eastman requested clarification of the issue and the County Planner replied that the main issue is that the landowner has not provided the required documents for compliance. M. Chorney noted that she had verbal and written permission from the landowner to replace the cabin. The Chief Administrative Officer replied that the development did not follow the County's legal requirements. The County Planner indicated that further investigation would be conducted to determine what action needs to be taken regarding the development in that area. Reeve M. Douglass indicated that the County would obtain legal advice to determine what could be done to assist the applicant as soon as possible. Councillor M. Nesbitt asked if the landowner could be contacted prior to hiring legal counsel. The Chief Administrative Officer indicated that the lawyer will be considering the entire development and the landowner may be contacted at this time. Reeve M. Douglass told the applicant that her development permit application will be held until legal advice is obtained. M. Chorney requested an update by the end of next week. The Manager of Planning & Development indicated that the landowner had been sent a copy of the letter that had been sent to the applicant regarding her development permit application. LEFT THE MEETING M. Chorney left the meeting at 1:43 p.m. c. S. Vikedal - Duchess Pathway S. Vikedal provided background information on the Cody Martin Memorial Walkway, which will be constructed between the Village of Duchess and the Duchess Golf Course on the west side of the road. She gave an overview of the land acquisitions required and the results of their fundraising efforts, indicating that they would like to see the project completed by the middle of August 2012. The Technical Manager indicated that Genivar has provided the proposed alignment for approval by Council, the Village of Duchess, and the landowners involved. He noted that some additional land will be required in some locations to facilitate the project on County property and that he had no concerns with the alignment as presented. The Assistant Administrator indicated that Council had previously given support for the project in principle and now the detailed design is available. S. Vikedal and G. Tiffin responded to questions from Council. C- 231/12 MOVED BY COUNCILLOR B. DE JONG that Council APPROVES the proposed alignment required for the construction of the Cody Martin Memorial Walkway Page 6 of 10 • Regular Council July 19, 2012 • based on the engineered design submitted. MOTION CARRIED LEFT THE MEETING A. Wickert, D. Horvath, S. Vikedal, and G. Tiffin left the meeting at 1:55 p.m. 8. ADMINISTRATIVE BUSINESS - CONTINUED a. 2012 Tax Sale by Public Auction Council was presented with background information on this item. C- 232/12 • C- 233/12 • C- 234/12 MOVED BY COUNCILLOR A.M. PHILIPSEN that the 2012 Tax Sale by Public Auction be held on Wednesday, November 7, 2012 at 10:00 a.m. in the County of Newell Building with cash or certified cheque only terms, and that the reserve bids for the 2012 Tax Sale properties be set as recommended by Administration. MOTION CARRIED b. Ratepayer Letter - Property Tax Increases This item was accepted as information. c. Request for Refund of Development Permit Application Fee Councillor R. Andrews provided background information on this item and responded to questions from Council. Discussion followed regarding creating a policy regarding waiving fees for community associations. Councillor C. Amulung indicated that addressing each request on a case -by -case basis would be preferable. MOVED BY COUNCILLOR M. NESBITT that Council APPROVES the request from the Rainier Community Club and refunds the Development Permit Application Fee in the amount of $100.00. MOTION CARRIED d. County Newsletter Review (July /August 2012) Council reviewed the proposed County newsletter for July /August 2012 and suggested amendments. e. Councillor Payment Sheets (June 2012) MOVED BY COUNCILLOR B. DE JONG that the June 2012 Councillor P Page 7 of 10 Regular Council July 19, 2012 C-235/12 Sheets be accepted with the amendments recommended by the Councillor Compensation Review Committee. MOTION CARRIED f. Cheques for Payment MOVED BY COUNCILLOR M. NESBITT that cheque 173249 in the amount of $2,444,609.19, cheque 173250 in the amount of $764,489.22, and cheque 173251 in the amount of $479,982.12 be APPROVED. MOTION CARRIED ARRIVED AT MEETING K. Martin, M. Harbicht, and G. Tiffin arrived at 2:10 p.m. g. Cheque Register C-236112 MOVED BY COUNCILLOR A. EASTMAN that the Cheque Register be accepted. C-237/12 MOTION CARRIED h. Policy & Notification Letter to Rolling Hills Landowners on Fire Hydrant System The Fire & Emergency Services Coordinator presented background information on this item and responded to questions from Council. Councillor M. Nesbitt asked why the letter was dated September 30, 2012. The Fire & Emergency Services Coordinator indicated that the letter would be sent to residents as soon as possible. Councillor C. Amulung suggested that the text in item e) of the Policy Purpose section be changed to mirror the text in item 6 of the letter to Rolling Hills Property Owners & Residents. Council requested that the Fire & Emergency Services Coordinator sign his name to the letter. MOVED BY COUNCILLOR A. EASTMAN that Policy 2012-FES-001 be adopted as amended and that the policy and notification letter be mailed to property owners in Rolling Hills prior to September 30, 2012. LEFT THE MEETING K. Martin left the meeting at 2:17 p.m. Page 8 of 10 MOTION CARRIED Regular Council July 19, 2012 • C- 238112 9. PUBLIC WORKS BUSINESS a. Tender Award - Scandia Water & Sewer Upgrades The Technical Manager presented background information on this item and responded to questions from Council. He indicated that completion of these upgrades will fulfill all the suggestions from the Scandia Infrastructure Master Plan and the underground infrastructure will be sound. The project will be funded entirely through local improvement, which has been advertised and received very little feedback. MOVED BY COUNCILLOR R. ANDREWS that Council APPROVES the low tender as submitted and awards the contract for Scandia Water & Sewer Upgrades to Brooks Asphalt & Aggregate Ltd. in the amount of $713,878.00. MOTION CARRIED 10. COMMITTEE REPORTS There were no Committee Reports presented at this meeting. 11. POST AGENDA ITEMS 0 There were no post agenda items to discuss at this meeting. 12. INFORMATION ITEMS • a. AltaLink - Notice of Project Amendment Hanna Region Transmission Development: Cassils to Ware Junction (Center Table) This item was accepted as information. b. Red Deer River Watershed Alliance (Center Table) • Certificate of Appreciation • 2012 Annual Report • Brochure & Newsletters This item was accepted as information. 13. QUESTION PERIOD /NOTICE OF MOTION A question period and notice of motion was held. Page 9 of 10 Regular Council July 19, 2012 C- 239/12 C- 240/12 Councillor A. M. Philipsen indicated that the Patricia Agricultural Society usually requests insurance coverage for fireworks during the Annual Labour Day Rodeo. MOVED BY COUNCILLOR A.M. PHILIPSEN that the County of Newell APPROVES the insurance coverage for fireworks at the Patricia 2012 Annual Labour Day Weekend Rodeo provided that the Patricia Hamlet Advisory Committee meets all requirements of the insurers and has the local fire departments present. MOTION CARRIED 7. AGRICULTURAL BUSINESS - CONTINUED a. Agricultural Fieldman's Report (July 2012) - continued MOVED BY COUNCILLOR A.M. PHILIPSEN that the Agricultural Fieldman's Report be accepted as presented. 14. IN CAMERA MOTION CARRIED C- 241/12 MOVED BY COUNCILLOR L. JUSS that we move in camera at 2:25 p.m. to discuss a land and a legal issue. MOTION CARRIED C- 242/12 MOVED BY COUNCILLOR A.M. PHILIPSEN that we move out of camera at 4:10 p.m. MOTION CARRIED 15. ADJOURN Being that the agenda matters have been concluded, the meeting adjourned at 4:10 p.m. Signed this `?"day of Page 10 of 10 , 2012