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HomeMy WebLinkAbout2014-10-09 Council (Regular) MinutesCOUNTY OF NEWELL MINUTES OF REGULAR COUNCIL October 9, 2014 The regular Council Meeting of the County of Newell was held in the County Office on Thursday, October 9, 2014 commencing at 11:11 a.m. MEMBERS PRESENT: M. Douglass, Reeve 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 D. Horvath, Planner - ORRSC A. Wickert, Manager of Planning & Development T. Green, Director of Agricultural Services T. Schroeder, Manager of Operations P. Elliott, Administrative Assistant Planning OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: R. Havinga, Newell Regional Services Corporation A. Paterson, Canada Post M. Kindarchuk, Canada Post B. Swenson, Silver Sage R. Eckes, Brooks Kinsmen J. Harty, Harwood Ford M. Nesbitt, Work n Play M. Gietz, Landowner 13 County Ratepayers 1. CALL TO ORDER Reeve M. Douglass called the meeting to order at 11:11 a.m. 2. EXCUSED FROM MEETING All members were in attendance at this meeting. Regular Council October 9, 2014 3. C-318/14 4. 5. C-319/14 11. ADOPTION OF MINUTES 3.1 Minutes - Council (2014-09-25) MOVED BY COUNCILLOR C. AMULUNG that the September 25, 2014 Council Meeting minutes be adopted as presented. MOTION CARRIED CALL FOR POST AGENDA ITEMS Reeve M. Douglass called for post agenda items. ADOPTION OF AGENDA MOVED BY COUNCILLOR K. CHRISTMAN that the agenda be adopted as presented. MOTION CARRIED MUNICIPAL SERVICES BUSINESS 11.2 Utilities - NRSC Report R. Havinga provided background information on this item and responded to questions from Council regarding waste water in Tilley and water distribution in Division 10. ARRIVED AT THE MEETING T. Green arrived at the meeting. C-320/14 Q R. Havinga responded to further questions from Council. MOVED BY COUNCILLOR G. SIMPSON that the Utilities - NRSC Report be adopted as presented. MOTION CARRIED AGRICULTURAL SERVICES BUSINESS 9.1 ASB Update The Director of Agricultural Services presented an update on the recent activities of the Agricultural Services Department. The Director of Agricultural Services informed Council that roadside grass seeding will start in the next few weeks, as well as grass seeding for Grasslands School District schools. He added that all the equipment is being winterized, Emerson Campground has been closed and winterized, and lights have been installed on the County rock and at the entrance signs. Reeve M. Douglass asked if paving had been completed in the front parking area. The Director of Agricultural Services responded that the second lift of asphalt was complete. � 0 Page 2 of 9 Regular Council October 9, 2014 LEFT THE MEETING T. Green left the meeting. 10. ADMINISTRATIVE BUSINESS 10.1 Urban & Rural Design Guidelines C-321/14 MOVED BY COUNCILLOR B. DE JONG that Council adopt the County of Newell Urban and Rural Design Guidelines and rescind Policy 1998-PPW-036 and Policy 2001-PPW-046. MOTION CARRIED C-322/14 MOVED BY COUNCILLOR G. SIMPSON that we move into Public Hearings at 11:27 a.m. MOTION CARRIED ARRIVED AT THE MEETING 13 Ratepayers, B. Swenson, J. Harty, R. Eckes, and M. Nesbitt arrived at the meeting. 6. PUBLIC HEARINGS 6.1 Bylaw 1804-14 - Text Amendment - Addition of Exhibition Centre as a j Discretionary Use to A - Agricultural, PR - Parks & Recreation, and FR - Fringe Land Use Districts The County Planner provided background information on this item. Council was given the opportunity to ask questions. B. Swenson, Silver Sage Board of Directors, addressed Council and indicated that the Brooks Kinsmen have been working with the Silver Sage Agricultural Society for the past five years to help make the site thrive. He added that both municipalities have cooperated in achieving this and that passing this bylaw would provide more opportunities for the Society. J. Harty, Brooks Harwood Ford Dealer Principal, stated that while he felt having more opportunities for Silver Sage is good, bringing in outside car sales companies is not good for the community because the company is not available for follow up with the customer. Councillor B. de Jong asked whether the application was for the car sales and loan companies or something else. The County Planner responded that the car sales and loan event was not the topic of the public hearing. The public hearing is to discuss the proposed amendment to the Land Use Bylaw, which will add the definition and use Exhibition Center' to it. An application that comes forward as a result of adding this use to the Land Use Bylaw, such as a car sales event, will have to go through the permitting process. The County Planner added that the discussion today concerns the legislation: it sets up the ability to apply for a permit. Reeve M. Douglass remarked that, since this amendment is to. the Page 3 of 9 C*9' Regular Council October 9, 2014 Agriculture, Parks & Recreation and Fringe districts of the Land Use Bylaw, it -- 1 could affect more facilities than Silver Sage. The County Planner agreed, and / added that once this use is added to these districts, the Society and other groups can apply for events under this use at their facility. There was further discussion regarding who would be responsible to apply for the permit, whether it would have an operating time frame, the option to issue a temporary permit, and the potential activities to be listed on the permit. M. Nesbitt asked Council to consider setting a business license fee for out of town businesses in order to make a more level playing field for all concerned. Reeve M. Douglass stated that the County has never had any business licensing requirements for any businesses that come into the municipality to do business. C-323114 MOVED BY COUNCILOR A.M. PHILIPSEN that we move out of Public Hearings at 11:55 a.m. MOTION CARRIED LEFT THE MEETING 13 Ratepayers, B. Swenson, J. Harty, R. Eckes, and M. Nesbitt left the meeting. 7. BYLAWS 7.1 Bylaw 1804-14 - Text Amendment - Addition of Exhibition Centre as a / Discretionary Use to A - Agricultural, PR - Parks & Recreation, and FR - Fringe Land Use Districts The County Planner provided background information on this item and responded to questions from Council. C-324/14 MOVED BY COUNCILOR K. CHRISTMAN that Bylaw 1804-14 being a bylaw to amend Land Use Bylaw 1755-12 by adding a definition for Exhibition Centre to Schedule 5 and by adding Exhibition Centre as a discretionary use to the A - Agricultural, PR - Parks & Recreation, and FR - Fringe Land Use Districts in Schedule 2, be given SECOND reading MOTION CARRIED C-325114 MOVED BY COUNCILOR B. DE JONG that Bylaw 1804-14 be given THIRD and FINAL reading. MOTION CARRIED 7.2 Bylaw 1805-14 - Redesignate lands from A - Agricultural to SLA - Single Lot Agricultural ��e The County Planner provided background information on this item and responded to questions from Council. Page 4 of 9 Regular Council October 9, 2014 !'-326/14 MOVED BY COUNCILLOR E. UNRUH that Bylaw 1805-14, being a bylaw to amend Land Use Bylaw 1755-12 by redesignating approximately 2.31 acres (0.934 hectares) in SE 4-20-14-W4 from A — Agricultural to SLA — Single Lot Agricultural be given FIRST reading. MOTION CARRIED LUNCH Council RECESSED for lunch at 12:02 p.m. and RECONVENED at 12:54 p.m. ARRIVED AT MEETING M. Kindarchuk and A. Paterson arrived at the meeting. 8. DELEGATIONS 8.1 Canada Post (A. Paterson) -1:00 p.m. A. Paterson, Manager of Government Relations, reviewed the Five Point Strategy initiated by Canada Post to direct the Corporation to a positive financial footing. He explained that Canada Post will address the following: 1) labour costs; 2) community mailboxes, -3) tiered pricing structure, 4) expand convenience -franchise post offices; 5) streamline operations. Council was given the opportunity to ask questions. Councillor C. Amulung asked how flexible a hamlet post office can be with their hours of operation. M. Kindarchuk, Manager of Southeast Alberta, responded that a post office can be as flexible as a community's needs require, adding that the company reviews traffic patterns to determine when the busiest times are to assist with setting post office hours of operation. ARRIVED AT MEETING A. Wickert and D. Horvath arrived at the meeting. Councillor C. Amulung pointed out that if the store is closed, the company cannot know if customers want to pick up parcels. M. Kindarchuk replied that if enough people expressed this concern to Canada Post, they would investigate and make adjustments, if required. ARRIVED AT MEETING M. Gietz arrived at the meeting. There was further discussion about rural route deliveries and parcel delivery preferences. LEFT THE MEETING A. Paterson and M. Kindarchuk left the meeting. Page 5 of 9 Regular Council October 9, 2014 10. ADMINISTRATIVE BUSINESS - continued \ 10.6 Landfill at SW 28-18-14 W4M The Manager of Planning & Development provided background information on this item. Council was given the opportunity to ask questions. Councillor W. Hammergren asked which companies were removing soil from the site. The Manager of Planning & Development explained that a letter was provided with the agenda package from the local companies that had removed and used the clay from the site. Councillor E. Unruh inquired about regulations covering this type of use. The Manager of Planning & Development responded that Alberta Environment & Sustainable Resource Development (AESRD) has regulations for this type of use; however since this site was closed in the 1970s, it precedes their regulations. Councillor A.M. Philipsen asked about the letter that was sent to the landowners. The County Planner replied that staff follows the procedures outlined by the County Land Use Bylaw and the MGA. She added that in this case, the intent of the letter was to request the landowners to discuss the matter with the County. There was further discussion regarding process and how this type of issue is brought to the attention of Planning and Development. LEFT THE MEETING Councillor E. Unruh left the meeting. One of the five landowners, M. Gietz, indicated that her father bought the land in 1972. She stated that he was aware it was a nuisance ground, but she thought that it wasn't identified as nuisance ground on the title at that time. She requested that all nuisance grounds in the County be identified and mapped. The County Planner indicated that she has collected landfill information for the County from AESRD and will forward it to the County GIS department. The County Planner indicated that the site is currently in the Fringe district of the Land Use Bylaw and that the use (resource extraction) is not listed as a permitted or discretionary use in that district. As a result, prior to issuing a permit for the site, an amendment to the Land Use Bylaw will be required to rezone the parcel to a district that allows this type of use. Because of the lack of information about the landfill site, the County Planner requested direction regarding the information that Council would like to have submitted with the land use amendment application. Councillor L. Juss and Councillor W. Hammergren felt that the soil on the site should be tested to establish whether or not it is contaminated. There was further discussion regarding how often soil is being removed from the site, for what purpose the soil is being removed, whether the site was capped or sealed, how far the landfill extends, and from what part of the site the soil is being removed. Councillor K. Christman asked whether the site has been tested in the past. M. Gietz replied that a Level 1 Assessment had been conducted, but it was inconclusive and indicated that further testing was required. She added that the Page 6 of 9 Regular Council October 9, 2014 next level of testing was cost prohibitive and the family was not prepared to go to that level of testing at this time. The Director of Corporate Services suggested that a letter from Council be prepared, indicating that the landowner will be required to obtain proper permits for the operation of the site. There was further discussion regarding the need for further soil testing, zoning for the site to allow this type of use, the quality of the soil being removed, potential liability to the County and the landowner, and the need to identify similar sites throughout the County. The Director of Corporate Services was directed to prepare a letter stating that any further use of the site will require that the proper permitting process be followed, including an application to rezone the parcel and additional soil testing. In addition, the letter is to state that until a permit is in place, no more soil is to be removed from the site. ARRIVED AT MEETING Councillor E. Unruh arrived at the meeting. LEFT THE MEETING Councillor B. de Jong left the meeting. LEFT THE MEETING M. Gietz left the meeting. 10.7 Follow upon Request to Purchase Mortensen Subdivision MR Property The Director of Corporate Services provided background information on the item and responded to questions from Council. Councillor A.M. Philipsen commented that she was concerned with the impact of this request ten to fifteen years from now. She added that she would prefer Option 2. Discussion followed regarding existing and future use of the parcel. The Chief Administrative Officer informed Council that whether they decide to sell or lease the parcel of land, it must be done at market value. C-327114 MOVED BY COUNCILLOR A.M. PHILIPSEN that Council decline the request to purchase the MR parcel and continue with the status quo for the MR parcel. MOTION CARRIED 10.2 Extension of Energy Aggregation Program The Director of Corporate Services provided background information on this item and responded to questions from Council. Councillor G. Simpson asked if community groups had the option to leave the program. The Director of Corporate Services responded that all community based organizations opted to stay in. Councillor A.M. Philipsen informed Council that the Patricia Community Center had selected the five year plan. Page 7 of 9 Regular Council October 9, 2014 C-328/14 MOVED BY COUNCILLOR A.M. PHILIPSEN that Council approve continued participation in the electrical energy aggregation program for an additional 5 year period that would commence Jan. 1, 2016 and that the County commit to the natural gas aggregation program commencing Jan. 1, 2015. MOTION CARRIED 10.3 Cheques for Payment The Director of Corporate Services responded to questions from Council. C-329/14 MOVED BY COUNCILLOR G. SIMPSON that cheque 179348 in the amount of $408,762.90, be APPROVED. MOTION CARRIED 10.4 Payment Register The Director of Corporate Services responded to questions from Council. C-330/14 MOVED BY COUNCILLOR L. JUSS to accept the Payment Register. MOTION CARRIED 10.5 Foothills Little Bow - Ortho Photo Project 2015 The Chief Administrative Officer provided background information on this item and responded to questions from Council. C-331/14 MOVED BY COUNCILLOR CLARENCE AMULUNG that the County of Newell authorize a grant application to the Alberta Community Partnership Program for the "Foothills Little Bow - Municipal 2015 Ortho Photo Project" and further that the MD of Willow Creek #26 be designated as the Project Manager for this regional initiative. MOTION CARRIED ARRIVED AT MEETING T. Schroeder arrived 2:35 p.m. LEFT THE MEETING Councillor L. Juss left at 2:35 p.m. 11. MUNICIPAL SERVICES BUSINESS - continued 11.1 Director of Municipal Services Report The Manager of Operations presented an update on the recent activities of the Municipal Services Department. The Manager of Operations indicated that the graveling in Divisions 2, 4 and 5 have some areas that still need work. The Manager of Operations responded to questions from Council. Page 8 of 9 Regular Council October 9, 2014 "-332/14 MOVED BY COUNCILLOR G. SIMPSON to accept the Municipal Services Report as presented. MOTION CARRIED 12. POST AGENDA ITEMS There were no post agenda items to discuss at this meeting. 13. INFORMATION ITEMS 13.1 Mini Bus Monthly Report (September 2014) This item was accepted as information. 14. QUESTION PERIOD/NOTICE OF MOTION A question period and notice of motion was held. 15. IN CAMERA C-333/14 MOVED BY COUNCILLOR T. FYFE that we move in camera at 2:46 p.m. to discuss a l legal and labour issue. � MOTION CARRIED C-334/14 MOVED BY COUNCILLOR K. CHRISTMAN that we move out of camera at 3:15 p.m. MOTION CARRIED 16. ADJOURN Being that the agenda matters have been concluded, the meeting adjourned at 3:15 p.m. Signed this ja�day of O )� r- 2014 Page 9 of 9