HomeMy WebLinkAbout2012-09-20 Council (Regular) Minutes COUNTY OF NEWELL
MINUTES OF Regular Council
September 20, 2012
The regular Council Meeting of the County of Newell was held in the County
Office at Brooks, AB on Thursday, September 20, 2012 commencing at
10:02 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
T. Green, Agricultural Fieldman
M. Harbicht, Superintendent of Public Works
A. Nielsen, Executive Assistant
OTHERS IN S. Stanway, Brooks Bulletin
ATTENDANCE: R. Juska, Newell Regional Solid Waste Management
Authority (NRSWMA)
R. Ftichar, Homes By Us
K. Snyder, Scheffer Andrew Ltd.
J. Johansen, Scheffer Andrew Ltd.
5 County Ratepayers
1. CALL TO ORDER
Reeve M. Douglass called the meeting to order at 10:02 a.m.
2. EXCUSED FROM MEETING
All members were in attendance at this meeting.
Regular Council
September 20,2012
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3. ADOPTION OF MINUTES Nato
a. Minutes - Council (September 6, 2012)
C-281/12 MOVED BY COUNCILLOR A. EASTMAN that the September 6, 2012 Council
Meeting minutes be adopted as presented.
MOTION CARRIED
b. Minutes - Council (April 21, 2011)
An error has been discovered in Motion C-147/11 from the April 21, 2011
Council Meeting minutes. The option approved was A-1, rather than A-2.
C-282/12 MOVED BY COUNCILLOR R. ANDREWS that Motion C-147/11 from the April
21, 2011 Council Meeting minutes be corrected to read as follows:
"MOVED BY COUNCILLOR B. DE JONG that administration proceed with
the land acquisition required for the construction of the East-West portion of
the Proposed Truck Route for the level crossing for the 18-4 (A-1) option, with
funding from the Paving Reserve. MOTION CARRIED"
MOTION CARRIED
4. CALL FOR POST AGENDA ITEMS
Reeve M. Douglass called for post agenda items.
5. ADOPTION OF AGENDA
C-283/12 MOVED BY COUNCILLOR A.M. PHILIPSEN that the agenda be adopted as
presented.
MOTION CARRIED
8. AGRICULTURAL BUSINESS
a. Agricultural Fieldman's Report (September 2012)
The Agricultural Fieldman presented his report for September 2012, giving an
overview of the highlights. He noted the South Region ASB Conference is
scheduled for November 1, 2012 and will be hosted by Vulcan County. More
information will be forwarded when it becomes available. The Agricultural
Fieldman responded to questions from Council. Councillor B. de Jong asked
about usage statistics for Emerson Bridge Park. The Agricultural Fieldman
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September 20,2012
replied that they have not calculated the numbers for September, but they are
higher than last year. He gave an overview of feedback received about the
park, which was generally positive, and suggested that they could improve by
conducting more inspections in the future. Councillor A. Eastman asked how
Agricultural Services determines what rental equipment to offer. The
Agricultural Fieldman replied that they avoid competing with local rental
equipment providers and provided examples of rental equipment that fits
within the Acts. Councillor A. Eastman suggested a wire roller for old fencing
and small tree movers. The Agricultural Fieldman responded to further
questions from Council.
LEFT THE MEETING
Councillor L. Juss left the meeting at 10:20 a.m.
9. ADMINISTRATIVE BUSINESS
a. ORRSC Finance Committee Report & Recommendations
Council was presented with the 2012 ORRSC Finance Committee Report &
Recommendations. The Chief Administrative Officer indicated that he had
attended a meeting between municipal CAD's and ORRSC to review this
report. He indicated that there was support for the long term sustainability
initiative, but some concerns were raised regarding the cap on fees and
basing the fees on equalized assessment. Discussion followed.
C-284/12 MOVED BY COUNCILLOR I. SCHROEDER that the County of Newell accepts
the recommendations as presented in the ORRSC Finance Committee Report &
Recommendations.
MOTION CARRIED
b. Rural Living Guide Brochure
The Manager of Planning & Development presented background information
on this item and responded to questions from Council.
ARRIVED AT MEETING
Councillor L. Juss returned at 10:26 a.m.
Council reviewed the proposed Rural Living Guide brochure and suggested
amendments. Councillor A.M. Philipsen asked how the brochure would be
distributed. The Manager of Planning & Development replied that it would be
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given to anyone who comes in to apply for a permit. Printed copies will be
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September 20,2012
available at the front counter and an electronic version will be available on
the website. Councillor M. Nesbitt suggested including more contact
information in the brochure and suggested that the brochures be made
available from real estate offices and possibly the Brooks & District Public
Library. The Manager of Planning & Development responded to further
questions from Council.
c. County Newsletter Review (September/October 2012)
Council reviewed the proposed County newsletter for September/October
2012 and suggested amendments.
e. Fire & Emergency Services Review Process
The Assistant Administrator presented background information on this item
and responded to questions from Council. A meeting to discuss the Fire &
Emergency Services Review will be held in Council Chambers on October
23, 2012 beginning at 11:30 a.m. for those Councillors who missed the
meeting on September 11, 2012 and at 1:00 p.m. for all Councillors.
f. House of Commons - Request for Support of Private Members
Motion M-400
This item was accepted as information.
g. Request for Proclamation - Restorative Justice Week 2012
(November 18-25, 2012)
Council was presented with background information on this item.
C-285/12 MOVED BY COUNCILLOR A.M. PHILIPSEN that the County of Newell hereby
proclaims November 18-25, 2012 as "Restorative Justice Week 2012."
MOTION CARRIED
h. Foothills Little Bow Municipal Association Meeting (September 21, 2012)
The Chief Administrative Officer distributed Agenda packages for this
meeting, including a recently added resolution. Discussion followed
regarding the Foothills Little Bow Municipal Association Meeting.
i. Policy Review
The Assistant Administrator presented background information on this item
and responded to questions from Council.
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C-286/12 MOVED BY COUNCILLOR I. SCHROEDER that the following amended policies
be adopted as presented:
• 2012-PLG-013 (Councillor Compensation Review Committee)
• 2012-PAD-024 (Accidents - Disciplining for Failure to Report)
• 2012-PAD-052 (Assessment & Guidelines for Off-Site & Development
Levies);
further, that the following policies be rescinded:
• Policy 0000-PAD-005 (Duties of Administrative Staff)
• Policy 2008-PAD-037 (Computer Purchase Program).
MOTION CARRIED
j. Councillor Payment Sheets (August 2012)
C-287/12 MOVED BY COUNCILLOR M. NESBITT that the August 2012 Councillor
Payment Sheets be accepted with the amendments recommended by the
Councillor Compensation Review Committee.
MOTION CARRIED
ARRIVED AT MEETING
R. Juska arrived at 10:48 a.m.
k. Cheque Register
C-288/12 MOVED BY COUNCILLOR B. DE JONG that the Cheque Register be accepted.
MOTION CARRIED
d. Southern Alberta Energy from Waste Alliance (SAEWA) - Request for
Expression of Interest
R. Juska presented background information on this item. He displayed a
map showing the member communities and the list of members. He also
provided an explanation of the proposed facility with examples of similar
facilities currently in use, including a cost comparison between burying
garbage in a landfill and various methods of converting waste into energy.
SAEWA is currently requesting Expression of Interest documents from
communities that would be willing to host such a facility. R. Juska suggested
that the County of Newell would be a good location for an energy-from-waste
facility.
Council was given the opportunity to ask questions. R. Juska provided an
explanation of the revenue and materials that would be included. Councillor
M. Nesbitt asked if there was room for an energy-from-waste facility at the
landfill site and R. Juska suggested that there were other potential sites if the
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September 20,2012
landfill site is not large enough. He gave an explanation of the minimal
emissions generated by these plants.
ARRIVED AT MEETING
4 County Ratepayers arrived at 11:19 a.m.
R. Juska responded to further questions from Council.
C-289/12 MOVED BY COUNCILLOR R. ANDREWS that the County of Newell submits a
letter to the Southern Alberta Energy from Waste Alliance (SAEWA) expressing
interest in being a host community for an Energy-from-Waste Facility.
MOTION CARRIED
LEFT THE MEETING
R. Juska left the meeting at 11:20 a.m.
8. AGRICULTURAL BUSINESS - CONTINUED
a. Agricultural Fieldman's Report (September 2012) - continued
C-290/12 MOVED BY COUNCILLOR R. ANDREWS that the Agricultural Fieldman's
Report be accepted as presented.
MOTION CARRIED
7. BYLAWS
a. Bylaw 1755-12 - Land Use Bylaw
The County Planner provided information to Council regarding setbacks from
property lines in other municipalities.
LEFT THE MEETING
Councillor J. Bulger left the meeting at 11:22 a.m.
She indicated that all the municipalities she surveyed have setbacks of 20'or
25' from the property line. Regarding the setbacks from water bodies, she
indicated that she had contacted the Eastern Irrigation District and they would
be discussing this item during their September 25, 2012 board meeting. Amok
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ARRIVED AT MEETING
1 County Ratepayer arrived at 11:24 a.m.
The County Planner suggested that second reading be delayed until the EID
has responded.
ARRIVED AT MEETING
Councillor J. Bulger returned at 11:24 a.m.
The County Planner noted some other changes to the Land Use Bylaw that
had been included in the updated report.
ARRIVED AT MEETING
R. Ftichar, K. Snyder, and J. Johansen arrived at 11:26 a.m.
Discussion followed regarding the setbacks from property lines and the
County Planner responded to questions from Council. It was noted that a
larger setback is preferable if working space is required at a later date and
that developers can request a setback reduction in order to build closer to the
property line. This item will be discussed further during the October 11, 2012
Council Meeting.
C-291/12 MOVED BY COUNCILLOR B. DE JONG that we move into Public Hearing at
11:31 a.m.
MOTION CARRIED
6. PUBLIC HEARINGS (COMMENCING AT 11:30 A.M.)
a. Bylaw 1758-12 -ASP (Bantry Bay)
Reeve M. Douglass called the Public Hearing to order at 11:31 a.m.
Reeve M. Douglass reviewed the procedures that would be followed for the
hearing.
The Assistant Administrator stated that the intent of the Public Hearing is to
hear representations on Bylaw 1758-12. The intent of this bylaw is to
establish standards and requirements regarding the development and
subdivision of lands described as NW& SW 32-17-14-W4 consistent with the
grouped residential developments and corresponding land use designation.
..rte
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Amok
The County Planner provided background information on this item, noting that
considerations are outlined in the report provided to Council. She
indicated that the proposed ASP has been circulated to the required referral
agencies and responses have been received. She also noted that two letters
had been received from ratepayers, one being from a group expressing
concerns with maintaining water quality.
R. Ftichar, the applicant, provided background information on Homes By Us
and an overview of their community design goals and commitments.
J. Johansen addressed some of the concerns that had been brought up
regarding the development, including an explanation of the planned storm
water management facilities and the results of the Traffic Impact Assessment.
He explained that they would prefer the peninsula road have a width of 6m to
keep the traffic speed on that road low, but they would comply if the County
preferred an 8m wide road. He also explained that they would prefer to
connect to the City of Brooks' sanitary sewer system, but the City requires
that the County adopt the ASP before any decisions can be made. K. Snyder
indicated that he was present to respond to any planning questions.
Reeve M. Douglass informed those present that she may need to excuse
herself during the hearing to attend another commitment during the lunch
hour, and confirmed that if this was necessary, Deputy Reeve B. de Jong
would assume the Chair. Amok
J. Wetteskind indicated that she had sent the letter and articles to Council
expressing concerns regarding development leading to contamination of
water bodies. She requested that the County consider increasing setbacks
from water bodies, reducing the density of future developments, and increase
monitoring of fertilizer use.
B. des Barres, introduced himself as a Commercial Mediator/Facilitator who
had been asked to attend and present information on behalf of an adjacent
landowner. He provided background information on verbal agreements and
contracts that exist between the adjacent landowner and the previous owners
of the proposed development site. He indicated that the adjacent landowner
approves of the design and sensitivity to the environment, but they are
requesting more land next to the boundary.
LEFT THE MEETING
Reeve M. Douglass left the meeting at 12:08 p.m.
Deputy Reeve B. de Jong assumed the Chair.
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B. des Barres requested that Council considers ensuring the developers have
complied with the terms of the existing contracts.
M. Krafft asked how the County would ensure fire protection is a priority. The
County Planner replied that these questions could be answered outside of the
Public Hearing process.
Council was given the opportunity to ask questions.
K. Snyder replied that the County was responsible for enforcing the ASP, not
land ownership issues. Regarding the concerns with water quality, the EID
requires a 30m buffer between the property line and the lake. This will be
maintained, as they want to preserve as much of the natural landscape as
possible. He also noted that the developer agrees with and will follow the
recommendations provided in the County Planner's report.
J. Johansen commented on the water quality concerns, indicating that they
were aware of the issues outlined in the letter and articles submitted by the
group of ratepayers. He provided background information regarding Alberta
Environment regulations for development pertaining to the removal of
contaminants and particles from storm water, and indicated that a storm
water management system has been designed to meet these requirements.
He also outlined plans for the fire suppression system and architectural
guidelines for fire protection.
C-292/12 MOVED BY COUNCILLOR A.M. PHILIPSEN that we move out of Public Hearing
at 12:18 p.m.
MOTION CARRIED
LEFT THE MEETING
R. Ftichar, K. Snyder, J. Johansen, and 5 County Ratepayers left the meeting at 12:18 p.m.
LUNCH
Council RECESSED for lunch at 12:18 p.m. and RECONVENED at 1:00 p.m.
ARRIVED AT MEETING
R. Ftichar, K. Snyder, and J. Johansen arrived at 1:00 p.m.
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6. BYLAWS - CONTINUED
b. Bylaw 1758-12 -ASP (Bantry Bay)
The County Planner provided background information on this item, indicating
that the report provided contains eight potential amendments for
consideration before the bylaw is given second reading. Council was given
the opportunity to ask questions.
ARRIVED AT MEETING
Reeve M. Douglass returned at 1:03 p.m.
Discussion followed regarding the road to the park area and whether a
change in width was necessary. J. Johansen explained plans to develop a
day use area with camp kitchen facilities and a parking lot and that 6m is a
standard width for urban lanes. The Chief Administrative Officer noted that
the road must be wide enough for equipment when maintenance is required.
The County Planner responded to further questions from Council and
indicated that, if information is required for the decision that was not
discussed during the Public Hearing, another Public Hearing may be
required.
Aomoot
C-293/12 MOVED BY COUNCILLOR A.M. PHILIPSEN that Bylaw 1758-12, being a bylaw
for the purpose of adopting the Bantry Bay Estates Area Structure Plan for Ptns.
of NW & SW 32-17-15-W4, be given SECOND reading with amendments as
follows:
1. That a policy be included that requires that a Traffic Impact Assessment
be completed prior to the submission of a subdivision application.
2. That Section 8.4 (page 28) regarding the entering into water purposes
agreement be amended to read that any agreement would be between the
County and the EID.
3. That a policy be included to require architectural controls be developed for
the commercial portions of the development.
4. That a policy be included that requires a long term maintenance strategy
to be developed for the upkeep of parks, trails, recreation facilities which
would be submitted in conjunction with a subdivision application.
5. That a policy be included that clarifies the type of water meters to be
installed.
6. That the ASP be amended to include a minimum of two future road
connections to the adjacent lands.
7. That the ASP be amended to include a dedicated road way located from
the round-about found in Phase 5 (Figure 19) east to the property
boundary for future access.
MOTION CARRIED Amok
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Councillor M. Nesbitt asked about storm water regulations. The County
Planner replied that Alberta Environment has responsibility for approvals and
they will receive a storm water management plan for approval prior to
construction.
C-294/12 MOVED BY COUNCILLOR I. SCHROEDER that Bylaw 1758-12 be given THIRD
and FINAL reading.
MOTION CARRIED
LEFT THE MEETING
D. Horvath, A. Wickert, R. Ftichar, K. Snyder, and J. Johansen left the meeting at 1:17 p.m.
Reeve M. Douglass assumed the Chair.
10. PUBLIC WORKS BUSINESS
a. Policy Review
The Superintendent of Public Works presented Council with several policies
for review, giving an overview of the amendments made.
In Policy 2012-PPW-033, Councillor A.M. Philipsen requested that the
second sentence in item 5 be removed. The Superintendent of Public Works
responded to questions specific to Cenovus traffic.
C-295/12 MOVED BY COUNCILLOR L. JUSS that the following policies be adopted as
presented:
• 2012-PPW-001 (Moving of Over-Dimensional &/or Overweight Loads)
• 2012-PPW-035 (Road Approaches)
• 2012-PPW-044 (Road & Pipeline Crossings);
further, that the following policies be adopted as amended:
• 2012-PPW-033 (Signs);
further, that the following policies be rescinded:
• 1998-PPW-034 (Medical - Heavy Equipment Operators)
• 1999-PPW-045 (Road Weight Permits).
MOTION CARRIED
b. Tender Award - Range Road 15-5
The Superintendent of Public Works presented background information on
this item and responded to questions from Council.
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C-296/12 MOVED BY COUNCILLOR A. EASTMAN that Council accepts the low tender as
submitted and awards the Range Road 15-5 paving project contract to Brooks
Asphalt &Aggregate for the tendered price of$7,357,930.30 plus additional costs
totaling $875,000.00.
MOTION CARRIED
c. Road Closure - Bridge File 75472
The Superintendent of Public Works presented background information on
this item and responded to questions from Council.
C-297/12 MOVED BY COUNCILLOR I. SCHROEDER that, in accordance with Section 24
of the Municipal Government Act, Chapter M26, RSA 2000, whereas the lands
hereafter described are no longer required for public travel;
therefore, be it resolved that the Council of the County of Newell does hereby
close the following described road, subject to rights of access granted by other
legislation or regulations:
Road Plan 4310BM in SE 1/4 30-21-15-W4
MOTION CARRIED ,
The Superintendent of Public Works responded to further questions from
Council regarding aggregate resources and signs for Emerson Bridge Park.
LEFT THE MEETING
M. Harbicht left the meeting at 1:39 p.m.
11. COMMITTEE REPORTS
a. Grasslands Regional FCSS
Councillor C. Amulung reported that, during the last meeting, the committee
reviewed partner budgets and funding requests.
b. Newell Recycling Association/Newell Regional Solid Waste
Management Authority
Councillor B. de Jong reported that collection from rural recycling pickup
stations exceeds that of the City.
c. Recreation Board (Division 5 & 10)
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Councillor M. Nesbitt reported that Alberta Culture Days starts next week and
gave an overview of events that will be happening in the City. As well, there
will be an open public meeting for those who want to provide feedback on
arts and culture in Brooks.
d. Veteran's Memorial Highway Development Safety Association
Reeve M. Douglass provided an update on the work done by this committee.
A meeting will be held in October with the Minister of Transportation and
members of the group will also be attending the Ports-to-Plains Alliance
Conference.
C-298/12 MOVED BY COUNCILLOR B. DE JONG
that Reeve M. Douglass be permitted to attend the Ports-to-Plains Alliance
Conference in Medicine Hat, AB on October 2-4, 2012 as a function of Council.
MOTION CARRIED
e. Palliser Economic Partnership
Reeve M. Douglass reported that she had attended the Annual General
Meeting of the Palliser Economic Partnership with Councillor L. Juss and the
Economic Development & Tourism Coordinator. Councillor L. Juss indicated
there is value in supporting PEP and outlined some of the attractions they
have helped develop in southern Alberta.
f. Newell Foundation
Reeve M. Douglass reported that the committee had cooked at two staff
appreciation barbecues at the lodges.
g. Reeve's Report
Reeve M. Douglass reported on other events she had attended, including the
SPEC Annual General Meeting, a citizenship ceremony, and the Rotary Club
luncheon.
h. County of Newell Water Project
Councillor B. de Jong provided an update on the status of the water project in
Duchess and Tilley. Councillor I. Schroeder indicated that he had received
letters from Kinbrook Island Park residents expressing concerns with
information given during the open house where they had been given incorrect
information regarding the cost to hook onto the system. The Chief
Administrative Officer provided additional information, indicating that
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residents should have been told that connections were $7,000.00.
LEFT THE MEETING
Councillor J. Bulger left the meeting at 2:01 p.m.
Discussion followed regarding connections and Councillor I. Schroeder
responded to questions from Council.
ARRIVED AT MEETING
Councillor J. Bulger returned at 2:05 p.m.
The Chief Administrative Officer responded to further questions and indicated
that all groups should be provided with the same options regarding
connecting to the system. He also noted that MPE Engineering has met with
most of the residents of Kinbrook Island Park to clarify each landowner's
situation.
12. POST AGENDA ITEMS
There were no post agenda items to discuss at this meeting.
13. INFORMATION ITEMS
a. Mini Bus Monthly Report (August 2012)
This item was accepted as information.
b. Strategic Priorities Chart
This item was accepted as information.
14. QUESTION PERIOD/NOTICE OF MOTION
A question period and notice of motion was held.
Reeve M. Douglass requested information on regional enhancement projects
from Councillors in divisions with urban municipalities. This information will be
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way included in a presentation at the upcoming Creating Rural Connections
conference.
15. IN CAMERA
C-299/12 MOVED BY COUNCILLOR A.M. PHILIPSEN that we move in camera at
2:13 p.m. to discuss a land issue.
MOTION CARRIED
C-300/12 MOVED BY COUNCILLOR M. NESBITT that we move out of camera at
2:27 p.m.
MOTION CARRIED
16. ADJOURN
Being that the agenda matters have been concluded, the meeting adjourned at
2:27 p.m. 1
Signed this I r day of �G/-0 b p/Q , 2012
Reeve
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• nt Administrator
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