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HomeMy WebLinkAbout2013-11-07 Council (Regular) Minutes COUNTY OF NEWELL MINUTES OF Regular Council November 7, 2013 The regular Council Meeting of the County of Newell was held in the County Office on Thursday, November 7, 2013 commencing at 10:35 a.m. MEMBERS M. 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 G. Scott, County Planner-ORRSC �r T. Green, Director of Agricultural Services M. Harbicht, Director of Municipal Services J. Nesbitt, Municipal Enforcement Supervisor R. Fernell, Director of Information &Technology P. Elliott, Administrative Assistant Planning OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: R. Havinga, Newell Regional Services Corporation 1. CALL TO ORDER Reeve M. Douglass called the meeting to order at 10:35 a.m. 2. EXCUSED FROM MEETING All members were in attendance at this meeting. 3. ADOPTION OF MINUTES a. Minutes - Council (October 24, 2013) The following changes were made to the October 24, 2013 Council Meeting minutes: Regular Council November 7,2013 Page 4 - Item 8(a) — change "...from November 151h, 2013"to "...November 0 13th, 2013." C-347/13 MOVED BY COUNCILLOR L. JUSS that the October 24, 2013 Council Meeting minutes be adopted as amended. MOTION CARRIED b. Minutes - Organizational Meeting (October 24, 2013) C-348/13 MOVED BY COUNCILLOR C. AMULUNG that the October 24, 2013 Organizational 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-349/13 MOVED BY COUNCILLOR B. DE JONG that the agenda be adopted as presented. MOTION CARRIED 7. BYLAWS b. Bylaw 1772-13 - Hamlet of Tilley (Amendment to Land Use Bylaw 1755-12) The County Planner provided background information on this item and responded to questions from Council. Councillor B. de Jong inquired if the Hamlet Advisory Council had been part of the discussion and was there any way there could be a provision to grandfather the developments in the hamlet. The County Planner replied that the Advisory Council had not been notified; he said that when the public hearing was held it could take place in Tilley. He responded that, as for grandfathering prior developments, they would need to proceed with some caution. He commented that they would have to do an inventory. There was further discussion. C-350/13 MOVED BY COUNCILLOR B. DE JONG that Bylaw 1772-13, being a bylaw to amend Land Use Bylaw 1755-12 by redesignating the lands shown on the map in Schedule 'A' and within the Hamlet of Tilley boundary to districts governed under Bylaw 1755-12, be given FIRST reading. MOTION CARRIED Page 2 of 13 . w Regular Council November 7,2013 ARRIVED AT MEETING J. Nesbitt arrived at 11:10 a.m. d. Bylaw 1779-13 - Snow Removal The Municipal Enforcement Supervisor presented background information on this item and responded to questions from Council. Reeve M. Douglass commented on the time frame of clearing snow and if the resident had not paid the bill within ten (10) days, then the snow clearing expense would be added to the tax bill. The Municipal Enforcement Supervisor replied that he had researched related bylaws from several other municipalities and the section in question had been adopted from the City of Brooks bylaw. There was further discussion ending with the Municipal Enforcement Supervisor stating that, due to limited manpower, the bylaw would be complaint driven. ARRIVED AT MEETING R. Havinga arrived at 11:27 a.m. LEFT THE MEETING Councillor L. Juss left the meeting at 11:32 C-351/13 MOVED BY COUNCILLOR A.M. PHILIPSEN that Bylaw 1779-13, being a bylaw for the removal of snow, ice, dirt, and other debris from publicly owned sidewalks, be given FIRST reading. MOTION CARRIED e. Bylaw 1781-13 - Snow on Roads The Municipal Enforcement Supervisor presented background information on this item and responded to questions from Council. Council requested that the Municipal Enforcement Supervisor revisit the bylaw and represent to Council in the near future. LEFT THE MEETING J. Nesbitt left the meeting at 11:35 a.m. C-352/13 MOVED BY COUNCILLOR C. AMULUNG that we move into Public Hearings at 11:37 a.m. MOTION CARRIED C Page 3 of 13 Regular Council November 7,2013 6. PUBLIC HEARINGS (COMMENCING AT 11:37 A.M.) 3 a. Bylaw 1777-13 - Road Closure & LEASE (NE 9-21-13-W4) Reeve M. Douglass called the Public Hearing to order at 11:37 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 1777-13. The intent of this bylaw is to close and LEASE that portion of road adjacent to the eastern boundary of NE 9-21-13-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 a list of affected agencies. Responses have been received from all of the required referral agencies. No responses were received from adjacent landowners. 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 C-353/13 MOVED BY COUNCILLOR A.M. PHILIPSEN that we move out of Public Hearings at 11:38 a.m. MOTION CARRIED ARRIVED AT MEETING Councillor L. Juss returned at 11:40 a.m. 10. MUNICIPAL SERVICES BUSINESS b. Utilities - NRSC Report R. Havinga presented the Utilities - NRSC Report to Council, giving an overview of the highlights. Council was given the opportunity to ask Cquestions. R. Havinga informed Council that the following day would be his last working Page 4 of 13 Regular Council November 7,2013 day until sometime after Christmas and that the CAO would take over some of his duties as general manager and D. Saari with the City of Brooks would be overseeing the operations side. LEFT THE MEETING R. Havinga left the meeting at 11:58 a.m. LUNCH Council RECESSED for lunch at 12:00 p.m. and RECONVENED at 1:03 p.m. 7. BYLAWS - CONTINUED a. Bylaw 1777-13 - Road Closure & LEASE (NE 9-21-13-W4) The Manager of Planning & Development provided background information on this item and responded to questions from Council. C-354/13 MOVED BY COUNCILLOR K. CHRISTMAN that Bylaw 1777-13, being a bylaw for the purpose of closing to public travel and LEASING that portion of road adjacent to the eastern boundary of NE 9-21-13-W4, be given FIRST reading. MOTION CARRIED c. Bylaw 1780-13 - Inter Municipal Development Plan (Duchess) The County Planner provided background information on this item and responded to questions from Council. Reeve M. Douglass commented that there were no maps showing the proposed IMDP boundaries in the package. C-355/13 MOVED BY COUNCILLOR B. DE JONG that Bylaw 1780-13, being a bylaw to adopt a statutory land use plan that provides a framework and guidelines for dealing with future subdivision and development of lands within the designated intermunicipal plan boundary and promoting the ongoing cooperation, consultation, and coordination between the County of Newell and the Village of Duchess, be given FIRST reading. MOTION CARRIED Page 5 of 13 Regular Council November 7,2013 0 9. ADMINISTRATIVE BUSINESS a. Subdivision Extension Request -2012-0-141 (SE 6-19-14-W4) The County Planner provided background information on this item and responded to questions from Council. Councillor A.M. Phillipsen commented that since the application was made in September, a one month extension would expire in October. The County Planner replied the extension request would be taken from the time of submission which would take it into December. C-356/13 MOVED BY COUNCILLOR L. JUSS that the request for a time extension to subdivision application 2012-0-141 be APPROVED for one month to December 7, 2013. MOTION CARRIED ARRIVED AT MEETING T. Green arrived at 1:12 p.m. b. Draft South Saskatchewan Regional Plan Input Sessions The Manager of Planning & Development provided background information on this item and responded to questions from Council. Reeve M. Douglass inquired if ORRSC was planning a comment on the final proposal. The County Planner said that ORRSC submitted a formal response to the Regional Advisory Committee earlier in the process, but have had a request from some of their municipalities to prepare another report. He said that it is very time consuming and since ORRSC doesn't get paid to do one, it would be up to the executive committee. There was further discussion concluding with the decision to attend the stake holders'session in Brooks on November 27. The Director of Corporate Services mentioned that advance registration was required so he required the number of councilors and staff who would be attending. c. Oldman River Regional Services Commission (ORRSC) Council Planning Orientation Sessions The Manager of Planning & Development provided background information on this item and responded to questions from Council. The Manager of Planning & Development informed Council that the orientation sessions at ORRSC offices in Lethbridge would be January 23 and 29. Reeve M. Douglass asked how long the sessions would be. The County Planner said the sessions had been scaled back and would be around two or so Page 6 of 13 Regular Council November 7,2013 hours. Reeve M. Douglass suggested that they attend the evening of January 23 at 7:00 p.m. It was agreed Council members who wished to attend would be able to make it to the January 23, 2014 evening session. LEFT THE MEETING A. Wickert and G. Scott left the meeting at 1:21 p.m. 8. AGRICULTURAL SERVICES BUSINESS a. ASB Update The Director of Agricultural 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 discussed the pest Fusarium and commented that it is a County wide problem and farmers are not allowed to seed with infested seed. He said that there is a resolution to have the Pest Act opened to include Fusarium for better management. Councillor B. de Jong wanted to know if that was something that Council should be supporting. The Director of Agricultural Services replied that yes, it was. 7. BYLAWS - CONTINUED d. Bylaw 1779-13 -Snow Removal - continued C-357/13 MOVED BY COUNCILLOR A.M. PHILIPSEN that Bylaw 1779-13 be given SECOND reading. MOTION CARRIED C-358/13 MOVED BY COUNCILLOR L. JUSS that consent be given for Bylaw 1779-13 to receive third reading this 7th day of November, 2013. MOTION CARRIED UNANIMOUSLY C-359/13 MOVED BY COUNCILLOR L.JUSS that Bylaw 1779-13 be given THIRD and FINAL reading. MOTION CARRIED f. Bylaw 1782-13 -Subdivision & Development Appeal Board The Director of Corporate Services provided background information on this item and responded to questions from Council. It was noted that Clause 2 in Bylaw 1782-13 should end after the term "County of Newell"in line in three. Reeve M. Douglass inquired if there were alternates to choose from. The Page 7 of 13 � �✓fin �' Regular Council November 7,2013 Director of Corporate Services replied that Administration could come back to 3 Council with some options for the appointment of alternate members to the SDAB. C-360/13 MOVED BY COUNCILLOR L. JUSS that Bylaw 1782-13, being a bylaw to amend Bylaw 1618-07 for the establishment of a municipal Subdivision & Development Authority, be given FIRST reading as revised. MOTION CARRIED C-361/13 MOVED BY COUNCILLOR B. DE JONG that Bylaw 1782-13 be given SECOND reading. MOTION CARRIED C-362/13 MOVED BY COUNCILLOR A.M. PHILIPSEN that consent be given for Bylaw 1782-13 to receive third reading this 7th day of November, 2013. MOTION CARRIED UNANIMOUSLY C-363/13 MOVED BY COUNCILLOR C. AMULUNG that Bylaw 1782-13 be given THIRD and FINAL reading. MOTION CARRIED LEFT THE MEETING T. Green left the meeting at 1:41 p.m. ARRIVED AT MEETING M. Harbicht arrived at 1:49 p.m. 9. ADMINISTRATIVE BUSINESS -CONTINUED d. Idle Service Fee for County of Newell Water Project Connections The Director of Corporate Services provided background information on this item and responded to questions from Council. Reeve M. Douglass inquired about what the options were, if work had not been done, would the landowner be getting billed? The Director of Corporate Services responded that only if the system for that area is operational. Councillor T. Fyfe commented that when the original letter was distributed, the landowners were informed that once the line went in and water was running, billing would then begin. She asked if there had been guidelines as to when the idle fee would be charged. The Director of Corporate Services responded that there had been nothing definite concerning the idle service fee, only that one would be levied if risers had been installed but the owner did not complete the connection to the Page 8 of 13 t y Regular Council November 7,2013 system. C-364/13 MOVED BY COUNCILLOR C. AMULUNG that the County of Newell begin applying idle service fees for County of Newell Water Project (CNWP) connections six (6) months after service within each phase of the project has commenced. MOTION CARRIED e. Amendment to County of Newell/Bassano Fire Committee Agreement The Director of Corporate Services provided background information on this item and responded to questions from Council. LEFT THE MEETING Councillor K. Christman declared a pecuniary interest and left the meeting at 2:13 p.m. Councillor A.M. Philipsen said that she would be prepared to continue to sit on the committee and informed Council that J. Bulger was willing to stay on the committee as well. There was further discussion concluding with the Director of Corporate Services informing Council that two members will need to be appointed, but those appointments would be subject to the Town of Bassano and the Bassano Rural Fire Protection Association agreeing with the proposed amendment. ARRIVED AT MEETING R. Fernell arrived at 2:15 p.m. C-365/13 MOVED BY COUNCILLOR G. SIMPSON that a formal request be submitted to the Town of Bassano and the Bassano Rural Fire Protection Association seeking their support to amend the Fire Protection Agreement by inserting "or an alternate" after"Division 6 Councillor" in clause 3. MOTION CARRIED ARRIVED AT MEETING Councillor K. Christman returned at 2:17 p.m f. Backup Disaster Recovery The Director of Information & Technology provided background information on this item and responded to questions from Council. Reeve M. Douglass inquired on the cost. The Director of Information & Technology responded that the County would purchase the appliance and we would do the Page 9 of 13 Regular Council November 7,2013 installation. She responded to further questions from Council. C-366/13 MOVED BY COUNCILLOR A.M. PHILIPSEN that Council supports the submission of an application under the Regional Collaboration Grant Program in partnership with Vulcan County for the implementation of a Backup Disaster Recovery Program. MOTION CARRIED LEFT THE MEETING R. Fernell left the meeting at 2:29 p.m. g. Resolutions for AAMDC Fall 2013 Convention Council was presented with the resolutions package for the AAMDC Fall 2013 Convention. Discussion followed on each of the resolutions and whether or not to support them. 1-13F Basic Infrastructure Funding as a Result of Dissolution (Camrose County)— Yes 2-13F Reinstating Funding for Resource Roads and Local Bridges in Rural Municipalities (Northern Sunrise County) Yes 3-13F Got Gravel? Strategies to Secure Gravel for Rural Municipalities (AAMDC) — Yes 4-13F Amend the Municipal Government Act to Provide Protection from Liability for Municipal Maintenance to the Physical Edge of Provincial Highways (MD of Willow Creek) — Yes 5-13F Agricultural Pests Act-Fusarium Graminearum (Westlock County) Yes 6-13F Taxation of Farmed Land Zoned Heavy Industrial (Sturgeon County) — Yes 7-13F Alberta Energy Regulator (AER) of Transloader Facilities (a.k.a. "Pipeline on Rails') (MD of Big Lakes) — Require more information 8-13F Strategic Transportation Infrastructure Program (MD of Taber) — Yes 9-13F Summer Temporary Employment Program (STEP) (Starland County) — Yes 10-13F Provincial Grazing Leases Municipal Tax Recovery (County of Grande Prairie) — Require more information 11-13F Marking of Meteorological and Telecommunication Towers (MD of Taber) — Yes 12-13F Regional Governance of Municipal Water Systems (Starland County) — Require more information 13-13F Placement of Automatic External Defibrillators and the Required Training in All Public Facilities and Schools (MD of Fairview) — Require more information 14-13F Use of Reclaimed Water in Private Systems (Vulcan County) — Yes Page 10 of 13 (11) Regular Council November 7,2013 �r.rr 15-13F Provincial Funding of Locally Administered Air Shed Monitoring (MD of Big Lakes) — Require more information 16-13F Light Up Alberta — Micro Generation Regulations (Starland County) — Require more information 17-13F Creation of a Provincial Combative Sport Commission (RM of Wood Buffalo) — Require more information h. Cheques for Payment C-367/13 MOVED BY COUNCILLOR C. AMULUNG that cheque 176656 in the amount of $681,171.10 be APPROVED as presented. MOTION CARRIED i. Payment Register The Director of Corporate Services responded to questions from Council. C-368/13 MOVED BY COUNCILLOR A.M. PHILIPSEN that the Payment Register be accepted. MOTION CARRIED 10. MUNICIPAL SERVICES BUSINESS a. 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. The Director of Municipal Services discussed the ongoing reclamation at the old Public Works property as well as the work that is going on at Range Road 15-5. He reviewed which County roads take priority for snow clearing; arterial routes have the first priority with the collector routes having second, he also brought up who to call, 403-794-2311 J. Porfoun, if there are any complaints or concerns concerning grader operators or road conditions. LEFT THE MEETING Councillor T. Fyfe left the meeting at 3:36 p.m. and returned at 3:37 p.m. C-369/13 MOVED BY COUNCILLOR L. JUSS that the Director of Municipal Services Report and the Utilities - NRSC Report for October, 2013 be APPROVED as presented. MOTION CARRIED Page 11 of 13 Regular Council November 7,2013 c. Budget Adjustment - Shop Capital Acquisition (Heavy Duty Lift) 0 The Director of Municipal Services provided background information on this item and responded to questions from Council. C-370/13 MOVED BY COUNCILLOR B. DE JONG that Council APPROVES a budget adjustment in the amount of 20,000.00 for the purchase of a Heavy Duty Lift with funding from the Vehicles, Machinery, and Equipment Fund (Restricted Surplus). MOTION CARRIED d. Tender Award - County of Newell Water Project (CNWP) - Contract 5 The Manager of Engineering Services provided background information on this item and responded to questions from Council. LEFT THE MEETING Councillor T. Fyfe declared a pecuniary interest and left the meeting at 3:50 p.m. C-371/13 MOVED BY COUNCILLOR A.M. PHILIPSEN that Council accepts the low tender as submitted and awards the County of Newell Water Project Contract 5 tender to K-Line Maintenance & Construction for the tendered price of fth $6,511,207.50 plus additional engineering, land, and environmental costs of $913,620.75. MOTION CARRIED ARRIVED AT THE MEETING Councillor T. Fyfe returned to the meeting at 3:55 p.m. LEFT THE MEETING M. Harbicht left the meeting at 3:55 p.m. 11. POST AGENDA ITEMS a. Canadian Badlands u\NO Councillor A.M. Philipsen informed Council that a new member will need to be appointed to sit on the Canadian Badlands committee. She said that she has two more meetings to attend. C-372/ MOVED BY COUNCILLOR K. CHRISTMAN that Councillor A.M. Philipsen continue to attend the Canadian Badlands meetings as a representative of the 3 Page 12 of 13 Regular Council November 7,2013 err+ County of Newell until a replacement can be appointed. MOTION CARRIED 12. INFORMATION ITEMS a. Natural Resources Conservation Board (NRCB) -Application LA13025 (W 15-19-17-W4) This item was accepted as information. 13. QUESTION PERIOD/NOTICE OF MOTION A question period and notice of motion was held. 14. IN CAMERA There were no in camera items to discuss at this meeting. C 15. ADJOURN Being that the agenda matters have been concluded, the meeting adjourned at 3:57 p.m. Signed this "2 i day of A- vv ; , 2013 Reeve (7.2 Cowity Administrator C Page 13 of 13