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Home My WebLink About2019-03-07 Council (Regular) Minutes COUNTY OF NEWELL MINUTES OF REGULAR COUNCIL � March 7, 2019 The regular Council Meeting of the County of Newell was held in the County Office on Thursday, March 7, 2019 commencing at 10:10 a.m. MEMBERS Molly Douglass, Reeve PRESENT: COUNCILLORS: C. Amulung H. Kallen 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 D. Horvath, County Planner- ORRSC K. Martin, Manager of Fire & Emergency Services T. Green, Director of Agricultural Services J. Entz, Maintenance Supervisor-Agricultural Services & Facilities M. Harbicht, Director of Municipal Services A. Nielsen, Executive Assistant OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: D. Watson, County Ratepayer MP M. Shields K. Kallen, Senior Constituency Coordinator(MP M. Shields) 1. CALL TO ORDER Reeve M. Douglass called the meeting to order at 10:10 a.m. 2. EXCUSED FROM MEETING All members were in attendance at this meeting. 3. ADOPTION OF MINUTES � P 3.1 Minutes -Council (February 21, 2019) C-62/19 MOVED BY COUNCILLOR KELLY CHRISTMAN that the February 21, 2019 Council Meeting minutes be adopted as presented. MOTION CARRIED Regular Council March 7,2019 4. CALL FOR POST AGENDA ITEMS Reeve M. Douglass called for post agenda items. 5. ADOPTION OF AGENDA C-63/19 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the agenda be adopted as presented. MOTION CARRIED 6. QUESTION PERIOD/NOTICE OF MOTION A question period and notice of motion was held. No County Ratepayers were in attendance. ARRIVED AT MEETING D. Watson arrived at 10:12 a.m. 8. BYLAWS 8.5 Bylaw 1942-19 19 LUA 002 (NE 24-20-14-W4 -A to SH) The County Planner provided background information on this item and responded to questions from Council. C-64/19 MOVED BY COUNCILLOR BRIAN DE JONG that Bylaw 1942-19, being a bylaw to amend Land Use Bylaw 1892-17 by redesignating approximately 30.54 acres (12.35 hectares) in NE 24-20-14-W4 from A-Agricultural District to SH - Small Holdings District, be given FIRST reading. MOTION CARRIED ARRIVED AT MEETING K. Martin arrived at 10:13 a.m. 8.6 Bylaw 1937-19 Rescind Area Structure Plans The Manager of Planning&Development provided background information on this item and responded to questions from Council. C-65/19 MOVED BY COUNCILLOR WAYNE HAMMERGREN that Bylaw 1937-19, being a bylaw for the purpose of rescinding the following bylaws: • Bylaw 977-89 (Crawling Valley Reservoir Area Structure Plan); • Bylaw 1199-96 (Benci Area Structure Plan); � • Bylaw 1271-99 (Prairie Sage Golf Course Area Structure Plan); ' • Bylaw 1295-99 (Greenwald Inlet Area Structure Plan); �,. �� • Bylaw 1331-00 (Weiss Area Structure Plan); ,. Page 2 of 10 Regular Council March 7,2019 • Bylaw 1332-00 (Johnson Farms Area Structure Plan); • Bylaw 1405-02 (Amendment to Bylaw 1332-00 -Johnson Farms Area Structure Plan); • Bylaw 1426-03 (Martin Industrial Area Structure Plan); • Bylaw 1446-03 (Mar Industrial Area Structure Plan); • Bylaw 1447-03 (Evergreen Industrial Area Structure Plan); • Bylaw 1510-05 (Dahl Estates Area Structure Plan); • Bylaw 1548-05 (Sunset Trail Area Structure Plan); • Bylaw 1758-12 (Bantry Bay Estates Area Structure Plan); and • Bylaw 1554-05 (One Tree Estates, Saddle Brook Business Park, and Newbrook Business Park Area Structure Plan); be given FIRST reading. MOTION CARRIED 8.7 Bylaw 1943-19 Rezone Lands Associated with ASPs rescinded by Bylaw 1937-19 The County Planner provided background information on this item and responded to questions from Council. C-66/19 MOVED BY COUNCILLOR TRACY FYFE that Bylaw 1943-19, being a bylaw to amend Land Use Bylaw 1892-17 by redesignating specific lands associated with area structure plans that have been rescinded by Council where subdivision or development has not occurred, be given FIRST reading. MOTION CARRIED 11. ADMINISTRATIVE BUSINESS 11.2 Road Closure -Approval to Proceed (SE 17-21-18-W4) The Manager of Planning&Development provided background information on this item and responded to questions from Council. Any fencing requirements will be discussed as part of the /ease agreement process. The Municipal Services Department would prefer a /ease rather than a sa/e to allow for any future road work. The County Planner responded to questions, indicating that the road plan must be given a title before it can be sold by the municipality and that, in this instance, it would be appropriate to lease the road allowance. The applicant, D. Watson, provided further background information on the land and responded to questions from Council. C-67/19 MOVED BY COUNCILLOR KELLY CHRISTMAN that we proceed with the process for closing and LEASING a portion of road allowance adjacent to SE 17-21-18-W4. MOTION CARRIED LEFT THE MEETING A. Wickert, D. Horvath, and D. Watson left the meeting at 10:32 a.m. \ . Page 3 of 10 Regular Council March 7,2019 11.3 Alberta Emergency Management Legislative Review The Manager of Fire & Emergency Services provided Council with a summary of recent changes to Alberta's Emergency Management Act and related regulations. The Emergency Management Act and Local Authority Emergency Management Regulation will come into effect on January 1, 2020 and will require that Councillors receive formal training and participate in at least one exercise per year. The Manager of Fire & Emergency Services reviewed a list of action items to be completed and presented a proposed training schedule for 2019. The Manager of Fire &Emergency Services responded to questions from Council. C-68/19 MOVED BY COUNCILLOR BRIAN DE JONG that this item be accepted as information and that the Director of Emergency Management along with the Director of Corporate Services be tasked with ensuring compliance with the changes prescribed by the Alberta Government &Alberta Emergency Management Agency. MOTION CARRIED LEFT THE MEETING K. Martin left the meeting at 10:43 a.m. 11.4 Rental of 38 Irrigation Acres (SW 29-16-16-W4) The Director of Corporate Services provided background information on this item and responded to questions from Council. C-69/19 MOVED BY COUNCILLOR LIONEL JUSS that Council accepts the high tender as submitted and awards the tender for renting 38 Irrigation Acres (SW 29-16-16-W4) to Doug and Roxanne Dafoe for the tendered price of$3,914.00 per year for two consecutive five-year periods (ten years). MOTION CARRIED ARRIVED AT MEETING M. Harbicht arrived at 10:47 a.m. 11.5 Rural Municipalities of Alberta (RMA) 2019 Spring Convention Resolutions Council was presented with the resolutions package for the RMA 2019 Spring Convention. Discussion followed on the resolutions and whether to support them. 12. MUNICIPAL SERVICES BUSINESS 12.1 Utilities - NRSC Report There was no Utilities-NRSC report presented at this meeting. The Director of Municipal Services indicated that Newell Regional Services Corporation is working to repair a regional water line break near Bassano. �,\ C,_.�� Page 4 of 10 Regular Council March 7,2019 12.2 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 guestions. The Director of Municipal Services responded to questions regarding bridge construction on SH876. Council discussed conducting a survey of the inactive rural water users to determine why they have not activated their service and also determining whether there are areas where multiple residents are interested in connecting to the rural water system. Concerns were raised as to whether a survey would create the expectation that the rural water system will be expanded. The Director of Municipal Services indicated that the 401 inactive users have a curb stop and are paying the monthly base rate. The Chief Administrative Officer indicated that it would be beneficial to determine why the inactive users have not connected. He also indicated that planning can begin for determining additional residential points and revisions to the policy but suggested that any actual work not begin until 2022 when the debenture has been paid off. The Director of Municipal Se►vices and the Chief Administrative Officer responded to further questions from Council. C-70/19 MOVED BY COUNCILLOR ELLEN UNRUH that the Director of Municipal Services Report for February 2019 be APPROVED as presented MOTION CARRIED LEFT THE MEETING M. Harbicht left the meeting at 11:17 a.m. 11. ADMINISTRATIVE BUSINESS —continued 11.6 Cheques for Payment There were no cheques for payment to discuss at this meeting. 11.7 Payment Register C-71/19 MOVED BY COUNCILLOR KELLY CHRISTMAN that the Payment Register be accepted. MOTION CARRIED 11.8 Requests for Functions of Council Reeve M. Douglass provided background information on a meeting with representatives from the Eastern Irrigation District and the Town of Bassano that she had invited Councillor K. Christman fio attend. C-72/19 MOVED BY COUNCILLOR MOLLY DOUGLASS that the meeting with representatives from the Eastern Irrigation District and the Town of Bassano attended by Councillor K. Christman on Wednesday, March 6, 2019 be considered a function of Council. OTION � a D � � � Page 5 of 10 Regular Council March 7,2019 13. POST AGENDA ITEMS 13.1 Appointment to Bow River Working Group Councillor 8. de Jong provided background information on this item and suggested that a County staff inember or resident be appointed to represent the County of Newell on the Bow River Working Group. Councillor 8. de Jong responded to questions from Council, indicating that there are few, if any, elected officials on that group and the irrigation districts are represented. He suggested an individual with technical knowledge in engineering or planning would be appropriate. Discussion followed. ARRIVED AT MEETING D. Horvath arrived at 11:30 a.m. C-73/19 MOVED BY COUNCILLOR BRIAN DE JONG that Kevin Stephenson, Chief Administrative Officer, be appointed to the Bow River Working Group representing the County of Newell. MOTION CARRIED C-74/19 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that we move into Public Hearings at 11:31 a.m. MOTION CARRIED 7. PUBLIC HEARINGS 7.1 Bylaw 1936-19 19 LUA 001 —Text Amendment to Clarify Development of Schools & Religious Assemblies Reeve M. Douglass called the Public Hearing to order at 11:31 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 County Planner stated that the intent of the Public Hearing is to hear representations on Bylaw 1936-19. The intent of this bylaw is to amend Land Use Bylaw 1892-17 by clarifying policies around the development of public institutional uses, specifically public/separate schoo/s, private schools, and religious assemblies. ARRIVED AT MEETING A. Wickert arrived at 11:32 a.m. The County Planner provided background information on this item, indicating that a copy of the document had been circulated to adjacent landowners and to a list of affected agencies. She indicated that she spoke to a representative from Newell Christian School who expressed concerns with being ab/e to introduce agricultural , , programming. The County Planner explained that this would still be an acceptable use. r� �_ Page 6 of 10 Regular Council March 7,2019 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. C-75/19 MOVED BY COUNCILLOR ELLEN UNRUH that we move out of Public Hearings at 11:34 a.m. MOTION CARRIED 8. BYLAWS - continued 8.1 Bylaw 1936-19 19 LUA 001 -Text Amendment to Clarify Development of Schools & Religious Assemblies C-76/19 MOVED BY COUNCILLOR WAYNE HAMMERGREN that Bylaw 1936-19, being a bylaw to amend Land Use Bylaw 1892-17 to clarify policies around the development of public institutional uses, specifically public/separate schools, private schools, and religious assemblies, be given SECOND reading. MOTION CARRIED C-77/19 MOVED BY COUNCILLOR CLARENCE AMULUNG that Bylaw 1936-19 be given THIRD and FINAL reading. MOTION CARRIED 8.2 Bylaw 1934-18—Traffic The Director of Corporate Services provided background information on this item and responded to questions from Council. Discussion followed regarding the removal of item 5.3 of Schedule A - Penalties, as agricultural producers and businesses haul water for spray operations. The Director of Corporate Services indicated that he would obtain clarification from the Municipal Enforcement Supervisor, as all other items pertaining to water trucks have been removed from the bylaw. This item will be brought back to a future Council meeting. 8.3 Bylaw 1938-19 Urban Chickens The Director of Corporate Services provided background information on this item, indicating that he had spoken to an individual from Rolling Hills who was interested in keeping chickens. Councillor C. Amulung provided further background information. There had been strong opposition from the Rolling Hills Hamlet Advisory Board when the initial survey was conducted, but opinions may have changed since then. He indicated that the matter would be discussed during the next Hamlet Advisory Board meeting. The Director of Corporate Services indicated that a decision on this item can be postponed until further information has been received from the Rolling Hills Hamlet Advisory Board. He suggested that a survey of Rolling Hills residents can a/so be conducted. This item will be brought back to a future Council meeting. �._._:�� Page 7 of 10 Regular Council March 7,2019 8.4 Bylaw 1939-19 Animal Control The Director of Corporate Services indicated that the Animal Control bylaw is connected to the Urban Chickens bylaw. This item will be brought back to a future Council meeting. 11. ADMINISTRATIVE BUSINESS - continued 11.1 Planning & Development Report The Manager of Planning & Development presented an update on the recent activities of the Planning & Development Department. Council was given the opportunity to ask questions. The Manager of Planning&Development responded to questions regarding the Engie solar development project. ARRIVED AT MEETING MP M. Shields and K. Kallen arrived at 11:46 a.m. C-78/19 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the Planning & Development Report for February 2019 be accepted as presented. MOTION CARRIED LEFT THE MEETING A. Wickert and D. Horvath left the meeting at 11:47 a.m. 9. DELEGATIONS 9.1 MP Martin Shields MP M. Shields provided an overview of events he attended recently throughout the Bow River riding, including an irrigation conference, the Eastern Alberta Trade Corridor Loca/ to Global Forum, and an A-1 Irrigation open house and seminar. MP M. Shields, Mayor 8. Morishita, and Reeve M. Douglass spoke to the employees at the JBS Canada plant yesterday. Discussion followed. MP M. Shields reported that he spoke to some of the people involved with the pro- pipeline convoy from Alberta to Ottawa, indicating that the protesters were successful in raising awareness in the national media as well as parliament. MP M. Shields provided an update on economics and stressed the importance of trade. He a/so indicated that he was proud of the cooperation between the City and the County and encouraged more discussion on recreation, economic development, and social activities. MP M. Shields provided an update on his work with the Heritage Board and dealing with legislation on copyright, recognition of a federal indigenous holiday, and \ indigenous languages. Council was given the opportunity to ask questions. MP M. Shields responded to ��, questions regarding rural crime issues in Alberta. �.._. Page 8 of 10 Regular Council March 7,2019 LEFT THE MEETING MP M. Shields and K. Kallen left the meeting at 12:18 p.m. LUNCH Council RECESSED for lunch at 12:18 p.m. and RECONVENED at 12:57 p.m. 15. IN CAMERA C-79/19 MOVED BY COUNCILLOR CLARENCE AMULUNG that we move in camera at 12:58 p.m. to discuss the following matters: • Intergovernmental Relations - FOIPP Act Section 23. MOTION CARRIED LEFT THE MEETING Councillor E. Unruh left the meeting at 1:45 p.m. C-80/19 MOVED BY COUNCILLOR TRACY FYFE that we move out of camera at 2:27 p.m. MOTION CARRIED ARRIVED AT MEETING T. Green and J. Entz arrived at 2:28 p.m. 10. AGRICULTURAL SERVICES BUSINESS 10.1 ASB Update The Director of Agricultural Services presented an update on the recent activities of the Agricultural Services Department. Seasona/staff have been hired and the Emerson Bridge Park Supervisor is returning. Other items include strychnine, environmental farm plans, and working with so/ar power developers on weed control and soil remediation plans. Council was given the opportunity to ask questions. 10.2 Budget Adjustment- Emergency Power Upgrade The Director of Agricultural Services provided background information on this item and responded to questions from Council. Discussion followed. � Page 9 of 10 Regular Council March 7,2019 C-81/19 MOVED BY COUNCILLOR CLARENCE AMULUNG that Council accepts the low tender as submitted and awards the Emergency Power Grid Upgrade Project Tender to Cascade Process Controls for the tendered price of $65,575.00; further, that a budget adjustment be made with additional funding of up to $70,000.00 from the Future Projects Fund. MOTION CARRIED LEFT THE MEETING T. Green and J. Entz left the meeting at 2:44 p.m. 14. INFORMATION ITEMS 14.1 Update— Regionalization The third set of open house meetings are scheduled for Wednesday, March 13, 2019 in Tilley and Duchess. 14.2 Upcoming Community Events Council was provided a form to submit information for upcoming events in their community. 16. ADJOURN Being that the agenda matters have been concluded, the meeting adjourned at 2:45 p.m. Signed this�day of ��(.�:��I�`i , 2019 'J..J '�w...�, :�'LC;�'�- `�--�-� Reev � o Administrator Page 10 of 10