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HomeMy WebLinkAbout2016-12-08 Council (Regular) MinutesCOUNTY OF NEWELL MINUTES OF REGULAR COUNCIL December 8, 2016 The regular Council Meeting of the County of Newell was held in the County Office on Thursday, December 8, 2016 commencing at 10:27 a.m. MEMBERS G. Simpson, Deputy Reeve PRESENT: COUNCILLORS: C. Amulung A.M. Philipsen W. Hammergren T. Fyfe K. Christman E. Unruh B. de Jong L. Juss ABSENT: M. Douglass STAFF: K. Stephenson, Chief Administrative Officer A. Wickert, Manager of Planning & Development D. Horvath, County Planner - ORRSC S. Simpson, Development Clerk M. Harbicht, Director of Municipal Services J. Nesbitt, Municipal Enforcement Supervisor K. Martin, Manager of Fire & Emergency Services A. Nielsen, Executive Assistant OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: K. Steinley, Newell Regional Services Corporation S. Sewall, Bylaw 1879-16 Road Closure & SALE T. Rose, Mayor - Town of Bassano D. Gibb, Mayor - Village of Rosemary M. Regner, Longhorn Ad Board Co. I. Sanchez, C & B Alberta Solar Development ULC M. Feenstra, C & B Alberta Solar Development ULC O. Shantz, Lawyer CALL TO ORDER Deputy Reeve G. Simpson called the meeting to order at 10:27 a.m. 2. EXCUSED FROM MEETING C-386116 MOVED BY COUNCILLOR CLARENCE AMULUNG that Reeve M. Douglass be excused from the meeting. MOTION C RIED Regular Council December 8, 2016 3. ADOPTION OF MINUTES' 3.1 Minutes - Council (November 24, 2016) C-387/16 MOVED BY COUNCILLOR KELLY CHRISTMAN that the November 24, 2016 Council Meeting minutes be adopted as presented. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS Deputy Reeve G. Simpson called for post agenda items. 5. ADOPTION OF AGENDA C-388/16 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the agenda be adopted as amended. MOTION CARRIED 9. AGRICULTURAL SERVICES BUSINESS 9.1 ASB Update This item was removed from the agenda. 10. ADMINISTRATIVE BUSINESS 10.1 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. Councillor B. de Jong asked about the communication timelines that were set regarding the North Headgates Area Redevelopment Plan. The Manager of Planning & Development and the Chief Administrative Officer replied that legal counsel was preparing a letter of intent that would be circulated to the landowners by the end of December. The Manager of Planning & Development responded to questions regarding development issues, indicating that these must be received in writing before they are investigated. C-389/16 MOVED BY COUNCILLOR BRIAN DE JONG that the Planning & Development report for November 2016 be accepted as presented. MOTION CARRIED LEFT THE MEETING A. Wickert and D. Horvath left the meeting at 10:34 a.m. 10.3 Offer to Purchase Tax Recovery Property in Hamlet of Tilley The Chief Administrative Officer provided background information on this item and responded to questions from Council. Discussion followed regarding whether to Page 2 of 11 -0 i) 0 Regular Council December 8, 2016 set a deadline for the completion of the sale. The Chief Administrative Officer responded to further questions from Council. (7�90/16 MOVED BY COUNCILLOR KELLY CHRISTMAN that Council APPROVES proceeding with the sale of Lot 7 & 8, Block 3, Plan 6336AF in the Hamlet of Tilley in the amount of $5,000.00 subject to not receiving a valid petition by December 14th, 2016; further, that the sale paperwork be finalized and full payment received by January 14th, 2017. MOTION CARRIED 10.4 Funding Request - Bow River Basin Council Councillor B. de Jong provided background information on this item and responded to questions from Council. He noted that funding for the Bow River Basin Council has been included in the 2017 budget. Councillor B. de Jong will invite the Executive Director of the Bow River Basin Council to give a presentation to Council in 2017. C-391/16 MOVED BY COUNCILLOR CLARENCE AMULUNG that the County of Newell supports this request from the Bow River Basin Council and APPROVES funding in the amount of $2,000.00 for 2017. MOTION CARRIED 10.5 Joint Municipal Meeting (December 20, 2016) -Agenda Items Discussion followed regarding agenda items. CouncillorA.M. Philipsen suggested that the meeting could be less formal with round table discussions instead of an agenda. Councillor B. de Jong indicated that he forwarded an agenda item from the Newell 9-1-1 Committee regarding the Alberta First Responders Radio Communication System. ARRIVED AT MEETING K. Martin arrived at 10:42 a.m. J. Nesbitt arrived at 10:44 a.m. Discussion followed regarding the Recreation Review. Councillor W. Hammergren suggested that the Recreation Review discussion could be very general to engage the other municipalities. Councillor B. de Jong indicated that answers are required as to the composition of a regional recreation board and what constitutes a local facility and a regional facility. Discussion followed regarding water systems and Councillor C. Amulung responded to questions regarding water rates. 7. BYLAWS 7.4 Bylaw 1869-16 Unsightly Premises The Municipal Enforcement Supervisor provided background information on this item and responded to questions from Council. He indicated that this bylaw is U intended to complement the Municipal Government Act and irkludes provisi that are specific to the County. For instance, the bylaw requires mplain e submitted in writing or other formal means with the goal of obtaining more d ail Page 3 of 11 Regular Council December 8, 2016 and providing the opportunity for follow up. There are also exemptions in place for rural activity. The Municipal Enforcement Supervisor responded to further questions, acknowledging that an objective approach is necessary when investigating unsightly premises complaints. He noted that there is an appeal process in place. ARRIVED AT MEETING K. Steinley arrived at 11:03 a.m. The Municipal Enforcement Supervisor responded to further questions, indicating that they do have the authority to go onto private property to investigate complaints if there is cause to do so. The Chief Administrative Officer indicated that this bylaw is more for public benefit as it doesn't provide any more authority to enforce unsightly properties than the current MGA allows. C-392/16 MOVED BY COUNCILLOR LIONEL JUSS that Bylaw 1869-16, being a bylaw for the purpose of regulating and abating unsightly premises, be given FIRST reading. MOTION CARRIED C-393/16 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that Bylaw 1869-16 be given SECOND reading. MOTION CARRIED C-394/16 MOVED BY COUNCILLOR TRACY FYFE that consent be given for Bylaw 1869-16 to receive third reading this 8th day of December, 2016. 0- MOTION CARRIED UNANIMOUSLY C-395/16 MOVED BY COUNCILLOR CLARENCE AMULUNG that Bylaw 1869-16 be given THIRD and FINAL reading. MOTION CARRIED LEFT THE MEETING J. Nesbitt left the meeting at 11:13 a.m. 11. MUNICIPAL SERVICES BUSINESS 11.2 Utilities - NRSC Report K Steinley presented the Utilities-NRSC report to Council, giving an overview of the highlights. K. Steinley responded to questions from Council. C-396/16 MOVED BY COUNCILLOR WAYNE HAMMERGREN that the Utilities - NRSC Report for November 2016 be APPROVED as presented MOTION CARRIED ARRIVED AT MEETING Wi e , D. Horvath, and S. Sewall arrived at 11:18 a.m. b nd T. Rose arrived at 11:20 a.m. Page 4 of 11 Regular Council December 8, 2016 LEFT THE MEETING 0 K. Steinley left the meeting at 11:20 a.m. 10. ADMINISTRATIVE BUSINESS — continued 10.2 Tender Award - Mobile Water Apparatus for Rolling Hills Fire Station The Manager of Fire & Emergency Services provided background information on this item. The mobile water apparatus units will be ordered immediately as they will not be delivered until at least next year. The Manager of Fire & Emergency Services responded to questions from Council regarding the existing units. One will be sold and the other will be moved to the Tilley Fire Department. C-397/16 MOVED BY COUNCILLOR LIONEL JUSS that Council accepts the low tender as submitted by Fort Garry Fire Trucks to construct and sell two (2) Mobile Water Apparatus units to the County of Newell based on the Tender Document in the amount of $683,800.00 + $34,190.00 for any cost over runs. MOTION CARRIED LEFT THE MEETING K. Martin left the meeting at 11:23 a.m. 0 10.6 Cheques for Payment There were no Cheques for Payment to approve at this meeting. 10.7 Payment Register C-398/16 MOVED BY COUNCILLOR KELLY CHRISTMAN that the Payment Register be accepted. MOTION CARRIED 10.8 Requests for Functions of Council There were no functions of Council to discuss at this meeting. 12. POST AGENDA ITEMS 12.1 Request for Letter of Support - Medicine Hat College (Language Instruction for Newcomers to Canada) Council was provided with background information on this item. C-399/16 MOVED BY COUNCILLOR ELLEN UNRUH that the County of Newell write a letter to the Medicine Hat College - Brooks Campus in support of providing Language Instruction for Newcomers to Canada (LINC) intermediate levels of Canadian Language Benchmarks in Brooks. MOTION CAR Page 5 of 11 Regular Council December 8, 2016 ARRIVED AT MEETING S. Simpson and M. Regner arrived at 11:29 a.m. C-400/16 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that we move into Public Hearings at 11:31 a.m. MOTION CARRIED 6. PUBLIC HEARINGS 6.3 Bylaw 1879-16 Road Closure & SALE (Ptn. of Road Plan 32336M) Deputy Reeve G. Simpson called the Public Hearing to order at 11:31 a.m. Deputy Reeve G. Simpson reviewed the procedures that would be followed for the hearing. The Manager of Planning & Development stated that the intent of the Public Hearing is to hear representations on Bylaw 1879-16. The intent of this bylaw is to close and SELL a portion of Road Plan 3233BM. 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 to a list of affected agencies. One response was received from an adjacent landowner in opposition to the proposed closure. There were no objections from any of the required referral agencies. There were no persons in attendance speaking in opposition to the proposed bylaw. The applicant was present to respond to questions from Council. Council was given the opportunity to ask questions. 6.1 Bylaw 1875-16 - Land Use Bylaw Amendment - Schedules 3 & 4 Deputy Reeve G. Simpson called the Public Hearing to order at 11:37 a.m. Deputy Reeve G. Simpson 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 1875-16. The intent of this bylaw is to amend Land Use Bylaw 1755-12 Schedule 3 (Standards of Development) and Schedule 4 (Use Specific Standards of Development). The County Planner provided an overview of the amendments being made. The County Planner provided background information on this item, indicating that a copy of the document had been circulated for feedback. Alberta Transportation has suggested amendments relating to access and development near Provincial Highways and stormwater management. Additional comments were submitted by an individual regarding solar development. Page 6 of 11 Regular Council December 8, 2016 Council was given the opportunity to ask questions. The County Planner took note of the typographical issues noted by Councillor K. Christman. There were no persons in attendance speaking either in favor of or in opposition to the proposed bylaw. 6.2 Bylaw 1876-16 Land Use Bylaw Amendment — Signage Deputy Reeve G. Simpson called the Public Hearing to order at 11:45 a.m. Deputy Reeve G. Simpson 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 1876-16. The intent of this bylaw is to amend Land Use Bylaw 1755-12 to address signage throughout the municipality as well as provide clarification to setbacks to dugouts. The County Planner provided background information on this item, indicating that a copy of the document had been circulated for feedback and the written responses have been included in the Agenda package. Alberta Transportation submitted a letter which outlines their interest in highway safety and suggesting that a proliferation of advertising signs could lead to driver distraction and potentially create safety hazards. They cite sections of the Highways Development & Protection Act and the Highways Development & Protection Regulation and encouraged a re-evaluation of the proposed amendments that relate to signs not requiring a development permit, sign types, and sign sizes. Comments were also received from the City of Brooks and an individual. Councillor K. Christman asked if the owners of signs that are currently in place were contacted. The Manager of Planning & Development replied that e-mails were sent to the three known sign companies in the County. The County Planner indicated that notifications are done as per the requirements of the Municipal Government Act. T. Rose indicated that the Town of Bassano Council is in favor of third party signage in general but is concerned with the volume of signs that may be erected in any given area. He acknowledged that this concern has been addressed to a certain degree within the proposed bylaw. M. Regner of Longhorn Ad Board Co. provided information on his experiences with erecting signs in the County of Newell. He provided a written submission to Council for their review. Council was given the opportunity to ask questions. M. Regner responded to questions from Council regarding the City of Brooks sign bylaw, indicating that he pays a license fee per sign. The County Planner requested that Council consider the comments provided by the South Region Alberta Transportation representatives, noting that there are differences between regions. cl�+W Page 7 of 11 Regular Council December 8, 2016 Deputy Reeve G. Simpson recessed the Public Hearing at 12:21 p.m. LUNCH 0 - Council RECESSED for lunch at 12:21 p.m. and RECONVENED at 1:00 p.m. ARRIVED AT MEETING I. Sanchez, M. Feenstra, and O. Shantz arrived at 1:00 p.m. 8. DELEGATIONS 8.1 C&B Alberta Solar Development ULC M. Feenstra provided background information on Canadian Solar Solutions Inc. and examples of solar power projects with which the company has been involved. I. Sanchez provided background information on BowMont Capital & Advisory Ltd. and examples of their involvement with developing and financing power projects. C&B Alberta Solar Development ULC is a company established to develop, own, and operate a portfolio of solar projects in Alberta. ARRIVED AT MEETING Councillor L. Juss and D. Horvath arrived at 1:05 p.m. I. Sanchez provided an overview of the site selection process and criteria and displayed a proposed layout on the County of Newell lands. He outlined the terms of the option to lease structure. The lease would be in place for 21 years with two five-year extension options. ARRIVED AT MEETING A. Wickert arrived at 1:07 p.m. I. Sanchez outlined other projects under development in Alberta and provided an overview of the size and operation of the current project. ARRIVED AT MEETING S. Simpson arrived at 1:09 p.m. I. Sanchez outlined the steps that would occur if the option to lease arrangement is successful. A public consultation will occur and then the necessary permits will be acquired. M. Feenstra outlined the plans for decommissioning the site at the end of its life, which is expected to be 30-40 years. He also explained the short and long term employment opportunities that will be generated. I. Sanchez outlined the project schedule as well as the federal and provincial incentives and tax credits that are available. Council was given the opportunity to ask questions. I. Sanchez responded to questions regarding the length of the contract. The Chief Administrative Officer Page 8 of 11 j Regular Council December 8, 2016 indicated that the documents are summarized in the Director of Corporate Services' Request for Decision report. He provided an update regarding the land available for sale from the Eastern Irrigation District. O. Shantz indicated that he J had reviewed the option to lease agreement and it is a good commercial lease where both parties have compromised. C-401/16 MOVED BY COUNCILLOR BRIAN DE JONG that Council APPROVES the execution of the Option Agreement, the Lease Agreement, and the Lender Direct Agreement and Non - Disturbance & Attornment Agreement between the County of Newell and C&B Solar Development ULC as submitted. MOTION CARRIED ARRIVED AT MEETING M. Regner arrived at 1:24 p.m. LEFT THE MEETING I. Sanchez, M. Feenstra, and O. Shantz left the meeting at 1:26 p.m. 6. C-402/16 7. C-403/16 PUBLIC HEARINGS — continued 6.2 Bylaw 1876-16 Land Use Bylaw Amendment — Signage — continued Deputy Reeve G. Simpson reconvened the Public Hearing at 1:28 p.m. M. Regner provided copies of recent correspondence with South Region Alberta Transportation Staff regarding setbacks from the property line when placing signs. He indicated that the response was similar to the responses received from other Alberta Transportation staff. Council was given the opportunity to ask questions. The County Planner responded to questions from Council regarding Category 3 signs, which are portable signs. MOVED BY COUNCILLOR KELLY CHRISTMAN that we move out of Public Hearings at 1:37 p.m. MOTION CARRIED BYLAWS 7.3 Bylaw 1879-16 Road Closure & SALE (Ptn. of Road Plan 323313M) The Manager of Planning & Development provided further background information on this item and responded to questions from Council. MOVED BY COUNCILLOR TRACY FYFE that Bylaw 1879-16, being a bylaw for the purpose of closing to public travel and SELLING a portion of Road Plan 323313M, be given FIRST reading. MOTION CARRIED Page 9 of 11 Regular Council December 8, 2016 7.1 Bylaw 1875-16 - Land Use Bylaw Amendment - Schedules 3 & 4 The County Planner provided further background information on this item, indicating that Option 2 in her report outlines suggested amendments to be made as per the written submission from Alberta Transportation. She also recommended that Section 29 of Schedule 4 not be deleted at this time. The County Planner responded to further questions from Council. C-404/16 MOVED BY COUNCILLOR KELLY CHRISTMAN that Bylaw 1875-16, being a bylaw to amend Land Use Bylaw 1755-12 to amend Schedule 3 (Standards of Development) and Schedule 4 (Use Specific Standards of Development), be given SECOND reading as amended. MOTION CARRIED C-405/16 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that Bylaw 1875-16 be given THIRD and FINAL reading. MOTION CARRIED 7.2 Bylaw 1876-16 Land Use Bylaw Amendment — Signage The County Planner provided further background information on this item, noting that the request from Alberta Transportation for re-evaluation of the proposed amendments must be considered. She recommended that the Land Use Bylaw Committee meet with Alberta Transportation to discuss their concerns. Discussion followed. The County Planner responded to questions from Council, indicating that a new public hearing may be required if further amendments to this bylaw are significant. O C-406/16 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that Council proceeds with giving second reading to Bylaw 1876-16; further, that Section 29 (Signs) be removed from Schedule 4 of Bylaw 1755-12. MOTION DEFEATED C-407/16 MOVED BY COUNCILLOR KELLY CHRISTMAN that Council considers the comments from the written submissions and presentations at the public hearings and directs staff to organize a meeting with representatives for Alberta Transportation and the County Land Use Bylaw Committee to review the concerns raised; further, that any changes be followed up with a statutory public hearing. MOTION CARRIED LEFT THE MEETING A. Wickert, D. Horvath, S. Simpson, and M. Regner left the meeting at 2:00 p.m. 11. MUNICIPAL SERVICES BUSINESS — continued 11.1 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 responded to questions regarding the process for obtaining additional water connections. Page 10 of 11 Regular Council December 8, 2016 C-408/16 MOVED BY COUNCILLOR TRACY FYFE that the Director of Municipal Services Report C� for November 2016 be APPROVED as presented MOTION CARRIED 13. INFORMATION ITEMS There were no information items to discuss at this meeting. 14. QUESTION PERIOD/NOTICE OF MOTION A question period and notice of motion was held. 15. IN CAMERA C-409/16 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that we move in camera at 2:15 p.m. to discuss labour and land issues. MOTION CARRIED C-410/16 MOVED BY COUNCILLOR TRACY FYFE that we move out of camera at 3:29 p.m. MOTION CARRIED 16. ADJOURN 0 / Being that the agenda matters have been concluded, the meeting adjourned at 3:30 p.m. Signed this 226 day of �Lac -4-y-ti %--ems 12016 Q�- R ouy Administrator LIZ Page 11 of 11