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Home My WebLink About2014-03-06 Council (Regular) Minutes COUNTY OF NEWELL MINUTES OF Regular Council March 6, 2014 The regular Council Meeting of the County of Newell was held in the County Office on Thursday, March 6, 2014 commencing at 10:23 a.m. MEMBERS M. Douglass, Reeve PRESENT: COUNCILLORS: C. Amulung G. Simpson A.M. Phillipsen T. Fyfe K. Christman E. Unruh B. de Jong L. Juss ABSENT: W. Hammergren STAFF: K. Stephenson, Chief Administrative Officer L. Johnson, Director of Corporate Services A. Wickert, Manager of Planning & Development G. Scott, County Planner- ORRSC M. Fenske, Manager of Finance T. Green, Director of Agricultural Services M. Harbicht, Director of Municipal Services T. Schroeder, Manager of Operations A. Nielsen, Executive Assistant OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: R. Havinga, Newell Regional Services Corporation J. Grove, AltaLink 2 County Ratepayers 1. CALL TO ORDER Reeve M. Douglass called the meeting to order at 10:23 a.m. 2. EXCUSED FROM MEETING C-74/14 MOVED BY COUNCILLOR T. FYFE that Councillor W. Hammergren be excused from the meeting. MOTION CARRIED Regular Council March 6,2014 4. CALL FOR POST AGENDA ITEMS Reeve M. Douglass called for post agenda items. 5. ADOPTION OF AGENDA C-75/14 MOVED BY COUNCILLOR K. CHRISTMAN that the agenda be adopted as amended. MOTION CARRIED 6. BYLAWS a. Bylaw 1790-14 - Private Signs The Director of Corporate Services presented background information on this item and responded to questions from Council. Councillor E. Unruh expressed concerns regarding local businesses and individuals not being able to place temporary signs advertising events. Councillor C. Amulung cm.0indicated that this bylaw governs the placement of private signs within County road right-of-ways.- - -- -. • . - - :: . -. C-76/14 MOVED BY COUNCILLOR L. JUSS that Bylaw 1790-14, being a bylaw for the purpose of governing the placement of private signs within County road right-of- ways, be given THIRD and FINAL reading. MOTION CARRIED b. Bylaw 1791-14 - 14 LUA 001 SW 5-19-15-W4 - Division 5 AR - Acreage Residential District to RB - Rural Business District The County Planner provided background information on this item. He indicated that a Land Use Amendment is required to accommodate the placement of a kennel on the property; however, the minimum 1000'separation from any other residence required by the Land Use Bylaw will not be met. The applicant was present to respond to questions from Council. Councillor T. Fyfe reported that adjacent landowners have expressed concerns with the rezoning application. The County Planner responded to further questions from Council. The applicant indicated that, when she purchased the land, she had discussed her plans to establish a kennel with the adjacent landowner. The applicant provided Council with an overview of the proposed kennel, which n'''� would house 5-6 dogs and have features to prevent the dogs from escaping. Page 2 of 13 Regular Council March 6,2014 The County Planner responded to questions regarding other businesses that would be approved as permitted or discretionary uses on a parcel that is zoned Rural Business District. The Manager of Planning & Development indicated that the County's Animal Control bylaw sets out the maximum number of animals per acre and per Land Use District. Discussion followed regarding the rezoning application. The Manager of Planning & Development responded to questions from Council regarding the permit for the kennel, indicating that the permit would be bound to the land for the same number of dogs unless the new landowner amended the permit. C-77/14 MOVED BY COUNCILLOR B. DE JONG that Bylaw 1791-14, being a bylaw to amend Land Use Bylaw 1755-12 by redesignating approximately 12.38 acres (5.01 hectares) in SE 5-19-15-W4 from AR - Acreage Residential District to RB - Rural Business District, be given FIRST reading. MOTION DEFEATED LEFT THE MEETING D. Thurmeier left the meeting at 10:52 a.m. c. Bylaw 1792-14 - Special Tax Bylaw The Director of Corporate Services provided background information on this item and responded to questions from Council. C-78/14 MOVED BY COUNCILLOR B. DE JONG that Bylaw 1792-14, being a bylaw to impose a special tax levy on lots within subdivisions that are receiving waterworks from the Eastern Irrigation District, be given FIRST reading. MOTION CARRIED C-79/14 MOVED BY COUNCILLOR L. JUSS that Bylaw 1792-14 be given SECOND reading. MOTION CARRIED C-80/14 MOVED BY COUNCILLOR G. SIMPSON that consent be given for Bylaw 1792-14 to receive third reading this 6th day of March, 2014. MOTION CARRIED UNANIMOUSLY C-81/14 MOVED BY COUNCILLOR A.M. PHILIPSEN that Bylaw 1792-14 be given THIRD and FINAL reading. MOTION CARRIED :'7 ink ,cr Page 3of13 Regular Council March 6,2014 d. Bylaw 1793-14 -Weight Restrictions The Director of Municipal Services provided background information on this item and responded to questions from Council. C-82/14 MOVED BY COUNCILLOR K. CHRISTMAN that Bylaw 1793-14, being a bylaw for weight restrictions on roads within the County of Newell, be given FIRST reading. MOTION CARRIED C-83/14 MOVED BY COUNCILLOR L. JUSS that Bylaw 1793-14 be given SECOND reading. MOTION CARRIED C-84/14 MOVED BY COUNCILLOR A.M. PHILIPSEN that consent be given for Bylaw 1793-14 to receive third reading this 6th day of March, 2014. MOTION CARRIED UNANIMOUSLY C-85/14 MOVED BY COUNCILLOR A.M. PHILIPSEN that Bylaw 1793-14 be given THIRD and FINAL reading. MOTION CARRIED e. Bylaw 1794-14 - Rescinding Bylaw 1277-99 (Snow Removal from Driveways) The Director of Corporate Services provided background information on this item and responded to questions from Council. C-86/14 MOVED BY COUNCILLOR E. UNRUH that Bylaw 1794-14, being a bylaw to rescind Bylaw 1277-99 (Snow Removal from Driveways), be given FIRST reading. MOTION CARRIED C-87/14 MOVED BY COUNCILLOR A.M. PHILIPSEN that Bylaw 1794-14 be given SECOND reading. MOTION CARRIED C-88/14 MOVED BY COUNCILLOR C. AMULUNG that consent be given for Bylaw 1794-14 to receive third reading this 6th day of March, 2014. MOTION CARRIED UNANIMOUSLY Page 4 of 13 Regular Council March 6,2014 C-89/14 MOVED BY COUNCILLOR L. JUSS that Bylaw 1794-14 be given THIRD and FINAL reading. MOTION CARRIED 8. AGRICULTURAL SERVICES BUSINESS a. Policy Review - 2014-PAG-030 (Roadside Brush Control) The Director of Agricultural Services presented background information on this item and responded to questions from Council. LEFT THE MEETING Councillor L. Juss left the meeting at 11:02 a.m. The Director of Agricultural Services provided an explanation of the amendments made to the policy. The Director of Municipal Services explained that roadside brush control would be done where County roads are being affected. The work will be done in the right of way and up to 5m to prevent sight line issues with stop signs. ARRIVED AT MEETING Councillor L. Juss returned at 11:07 a.m. The Director of Municipal Services and the Director of Agricultural Services responded to further questions from Council. C-90/14 MOVED BY COUNCILLOR B. DE JONG that Policy 2014-PAG-030 (Roadside Brush Control) be adopted as presented. MOTION CARRIED b. Policy Review - 2014-PAG-033 (Clubroot - Inspection & Control) C-91/14 MOVED BY COUNCILLOR A.M. PHILIPSEN that Motion C-51/14 be lifted from the table. MOTION CARRIED Councillor E. Unruh requested that a clause be added to all rental equipment agreements stating that possible contamination of the rented equipment is not the responsibility of the County of Newell. f / , ice. Page 5 of 13 Regular Council March 6,2014 C-51/14 MOVED BY COUNCILLOR L. JUSS that Policy 2014-PAG-033 (Clubroot - Inspection & Control) be adopted as presented. MOTION CARRIED c. Cell Phone Repeater Upgrade (Emerson Bridge Park) The Director of Agricultural Services provided background information on this item and responded to questions from Council. C-92/14 MOVED BY COUNCILLOR A.M. PHILIPSEN that Council accepts the quote from Cactus Communications and APPROVES a budget adjustment in the amount of $19,233.01 for the purchase of a Cell Phone Repeater with funding from the Parks Capital account. MOTION CARRIED 9. ADMINISTRATIVE BUSINESS a. Subdivision Extension Request -2013-0-013 (SE 30-18-14-W4) The County Planner provided background information on this item and responded to questions from Council. C-93/14 MOVED BY COUNCILLOR C. AMULUNG that the request for a time extension to subdivision application 2013-0-013 be APPROVED for one year to March 6, 2015. MOTION CARRIED b. Road Closure by Resolution Road Plan 4968 EZ (NW 13-22-19-W4) The Manager of Planning & Development provided background information on this item and responded to questions from Council. C-94/14 MOVED BY COUNCILLOR E. UNRUH in accordance with Section 24 of the Municipal Government Act, Chapter M26, Revised Statutes of Alberta 2000, as amended. WHEREAS, the lands hereafter described are no longer required for public travel, NOW THEREFORE be it resolved that the Council of the County of Newell does Page 6 of 13 Regular Council March 6,2014 hereby close the following described road, subject to rights of access granted by other legislation. Road Plan 4968 EZ, affecting the following quarter sections: NE 1/4 Sec. 14, Twp. 22, Rge. 19, W4M: Containing 0.429 Hectares (1.06 Acres) More or Less To be placed back in Certificate of Title No. 841 066 562 E MOTION CARRIED 10. MUNICIPAL SERVICES BUSINESS b. Utilities - NRSC Report (R. Havinga) - 11:30 a.m. R. Havinga presented the Utilities - NRSC Report to Council, giving an overview of the highlights. Council was given the opportunity to ask questions. R. Havinga responded to questions from Council regarding connections to the County of Newell Water Project (CNWP). Councillor G. Simpson asked about the deposit that was required from landowners wanting to connect to the CNWP. The Chief Administrative Officer provided background information regarding the deposit and incentives that were provided. The Manager of Finance reported that invoices have been prepared for the outstanding deposit fees and that a number of applicants have chosen the financing option. Discussion followed regarding options available for landowners who are now interested in connecting to the CNWP. C-95/14 MOVED BY COUNCILLOR K. CHRISTMAN that the Utilities - NRSC Report for February 2014 be APPROVED as presented. MOTION CARRIED 9. ADMINISTRATIVE BUSINESS - CONTINUED c. 2013 Annual Restricted Surplus Review The Manager of Finance provided background information on this item and an overview of the activity that has occurred. The Manager of Finance responded to questions from Council. C-96/14 MOVED BY COUNCILLOR L. JUSS that the 2013 unrestricted surplus be allocated to the future projects fund to be used towards funding the County of Newell Water Project. MOTION CARRIED /y\k_ n Page 7of13 Regular Council March 6,2014 LUNCH Council RECESSED for lunch at 12:03 p.m. and RECONVENED at 1:01 p.m. ARRIVED AT MEETING J. Grove arrived at 1:01 p.m. 7. DELEGATIONS a. AltaLink (J. Grove) 1:00 p.m. J. Grove provided background information on AltaLink and their service throughout the province. He provided an overview of the existing generation capacity in Alberta distributed between different sources of power and the electric system from power generation to retailers. He also explained the roles in industry played by AltaLink, Alberta Electric System Operator (AESO), and the Alberta Utilities Commission (AUC). J. Grove provided background information regarding the population growth in Alberta and the plans to meet increasing demand for power. He displayed a map showing the planned upgrades and explained the project timelines. J. Grove responded to questions from Council regarding justification for the upgrades, responsibility for costs, and environmental impact. He indicated that AESO has 40 year plans available online. J. Grove responded to further questions from Council. LEFT THE MEETING J. Grove left the meeting at 1:56 p.m. 9. ADMINISTRATIVE BUSINESS - CONTINUED d. Regional Enhancement & Cooperation Agreement Funding for Tilley The Director of Corporate Services provided background information on this item and responded to questions from Council. Discussion followed and it was noted that the Regional Enhancement & Cooperation Agreement funds were intended to assist smaller municipalities with maintaining infrastructure. The Chief Administrative Officer provided background information on the program. C-97/14 MOVED BY COUNCILLOR C. AMULUNG that Council confirms that the residual funds in the amount of $14,472.00 from the 2013 Regional Enhancement & Cooperation funding for Tilley are available for community based projects identified by the Tilley Community Action Team Society. MOTION CARRIED Page 8 of 13 Regular Council March 6,2014 Discussion continued regarding the Regional Enhancement & Cooperation Agreement funding that would have been distributed to the Village of Tilley for 2014-2016. The Director of Corporate Services suggested further discussion of this item during the Corporate Retreat in April, 2014. e. Regional Transportation Review Project The Director of Corporate Services provided background information and responded to questions from Council. C-98/14 MOVED BY COUNCILLOR L. JUSS that Councillor C. Amulung be appointed to the Regional Transportation Initiative Steering Committee and that Councillor C. Amulung be permitted to attend meetings of the Regional Transportation Initiative Steering Committee as a function of Council. MOTION CARRIED f. Invitation to Attend & Vote at AGM for Jubilee & Genesis Reciprocal Insurance Exchange Programs Council was presented with background information on this item. C-99/14 MOVED BY COUNCILLOR E. UNRUH that Councillor B. de Jong be appointed as the representative for the County of Newell at the Jubilee and Genesis Reciprocal Insurance Exchange Annual General Meetings to be held on March 17, 2014. MOTION CARRIED g. AAMDC Spring 2014 Convention - Resolutions Package Council was presented with the resolutions package for the AAMDC Spring 2014 Convention. Discussion followed on each of the resolutions and whether to support them during the convention. h. Councillor Payment Sheets (January 2014) Councillor C. Amulung reminded Council to submit their time sheets as soon as possible. C-100/14 MOVED BY COUNCILLOR A.M. PHILIPSEN that the January 2014 Councillor Payment Sheets be accepted with the amendments recommended by the Councillor Compensation Review Committee. j' l R C IED Page 9 of 13 Regular Council March 6,2014 i. Cheques for Payment The Director of Corporate Services responded to questions from Council. C-101/14 MOVED BY COUNCILLOR B. DE JONG that cheque 177577 in the amount of $569,689.66 be APPROVED. MOTION CARRIED j. Payment Register The Director of Municipal Services responded to questions from Council. C-102/14 MOVED BY COUNCILLOR T. FYFE 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. Councillor G. Simpson asked about enforcement of the snow removal bylaw. The Director of Municipal Services replied that enforcement of the snow removal bylaw would occur upon receipt of a complaint. The Chief Administrative Officer indicated that the Hamlet Advisory Committees will provide direction and the Municipal Enforcement Officers will focus on the identified areas when performing their patrols. C-103/14 MOVED BY COUNCILLOR L. JUSS that the Director of Municipal Services Report for February 2014 be APPROVED as presented. MOTION CARRIED c. Distribution of 2014 Non Residential Calcium Maps The Manager of Operations presented background information on this item and responded to questions from Council. LEFT THE MEETING i, 1 Councillor L. Juss left the meeting at 2:51 p.m. Page 10 of 13 Regular Council March 6,2014 The Manager of Operations requested feedback from Council, indicating that he would request final approval of the maps during the March 20, 2014 Council Meeting. The Manager of Operations responded to further questions from Council. d. Tender Award - Township Road 15-2 Rehabilitation The Director of Municipal Services provided background information on this item and responded to questions from Council. C-104/14 MOVED BY COUNCILLOR K. CHRISTMAN that Council accepts the low tender as submitted and awards the Township Road 15-2 Rehabilitation contract to Ossa Terra Ltd. for the total construction cost of$695,149.28. MOTION CARRIED 11. POST AGENDA ITEMS There were no Post Agenda items to discuss at this meeting. 12. INFORMATION ITEMS There were no Information Items to discuss at this meeting. 13. QUESTION PERIOD/NOTICE OF MOTION A question period and notice of motion was held. ARRIVED AT MEETING Councillor L. Juss returned at 3:03 p.m. 14. IN CAMERA C-105/14 MOVED BY COUNCILLOR C. AMULUNG that we move in camera at 3:03 p.m. to discuss a land and a legal issue. MOTION CAnIED Tj Page 11 of 13 "� Regular Council March 6,2014 C-106/14 MOVED BY COUNCILLOR K. CHRISTMAN that we move out of camera at 5:30 p.m. MOTION CARRIED 3. ADOPTION OF MINUTES a. Minutes - Council (February 20, 2014) C-107/14 MOVED BY COUNCILLOR L. JUSS that the February 20, 2014 Council Meeting minutes be adopted as presented. MOTION CARRIED 14. IN CAMERA - CONTINUED C-108/14 MOVED BY COUNCILLOR B. DE JONG That WHEREAS the legal opinion received by the County of Newell indicates that the Subdivision & Development Appeal Board (SDAB) made an error in its jurisdiction on file 2013-0-170 by allowing a lesser road construction standard than that identified in County Policy 2013-PPW-026 (Road Standards), AND WHEREAS the estimated cost provided to appeal the decision to the Alberta Court of Appeal is at $50,000.00, of which the County of Newell would be required to pay for both legal bills of SDAB and the County of Newell, which is deemed to be excessive for the purposes to be successful on this appeal; THEREFORE be it resolved that the County of Newell approve: 1. Changing the surface road top width from 8 meters to 7 meters for this section of road with all other conditions remaining as per Policy 2013-PPW-026 for"local road standards;" 2. Registering a Deferred Caveat should vehicle traffic increase further as a result of increased development would trigger the need to bring the road up to the minimum construction standard. AND FURTHER, that the applicant be notified that they will not be eligible for construction assistance as per Policy 2013-PPW-056 (Roads - Construction on Road Allowances at the Request of Individuals) as the road to be built is not to a "minimum standard" identified in Policy 2013-PPW-026. MOTION CARRIED ,1 ;l Page 12 of 13 Regular Council March 6,2014 15. ADJOURN Being that the agenda matters have been concluded, the meeting adjourned at 5:48 p.m. I Signed this 2 C.) day of 1 �-- (Crh_ _-<--/ , 2014 )r r Reeve /./-Ll Co y dministrator Page 13 of 13