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HomeMy WebLinkAbout1996-12-19 Council (Regular) MinutesCounty of Newell No. 4 Minutes of Council Meeting December 19, 1996 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, December 19, 1996 commencing at 10:00 a.m. Members Present Reeve M. Douglass Councillors W. Daniels V. Fabian N. Berg E. Stobbs J. Harbinson (10:30 a.m.) B. Baxter M. Loewen (10:05 a.m.) B. Scheuerman C. Baksa Administrator M. Bowen .^1 Councillor Baxter made a public apology for his comments made at the December 5, 1996 �meeting. 1. Excused from Meeting No members asked to be excused from this meeting. 2. Minutes Minutes of the December 5, 1996 meeting were presented. Moved by Councillor Berg that we adopt these minutes as circulated. Carried. 3. Call for Post Agenda Items The Reeve called for post agenda items. December 19, 1996 Page 203 Arrived at Meeting Councillor Loewen arrived at the meeting .at 10:05 a.m. 4. Adoption of Agenda Moved by Councillor Fabian that we adopt the agenda as amended. Carried. 5. Business from Minutes 10-1 Emergency Medical Responder Training Program Moved by Councillor Loewen that we lift this item from the table. Carried. The original motion of November 7, 1996 reads: "Moved by Councillor Baksa that we budget for training of four members under the Emergency Medical Responder Training Program each year and that two individuals per area be allowed to take this training." Moved by Councillor Loewen that we amend this motion by adding: "until such time as all areas are covered." Vote on the amendment - Carried. Vote on the amended motion - Lost. 7-4 Draft - Music Fest By-law 1204-96 Administration presented an amended copy of the draft Music By-law 1204-96, being a By-law to licence and regulate concerts in the County of Newell. Moved by Councillor Daniels that By- law 1204-96 receive first reading. Carried. Moved by Councillor Stobbs that By-law 1204-96 receive second reading. Carried. Moved by Councillor Scheuerman that By-law 1204-96 be given consent of Council for third and final reading. This motion was not carried unanimously. December 19, 1996 Page 204 v 10-2 Interim Budget Arrived at Meeting Councillor Harbinson arrived at the meeting at 10:30 a.m. Moved by Councillor Harbinson that we accept the interim budget as presented by the Budget Committee. Moved by Councillor Berg that we amend this budget by bringing the fees for Legislative Per Diem back to the fee established at the Organizational Meeting. Councillor Baxter requested a recorded vote. Those in favour of the amendment: Div. 1 - Councillor Daniels; Div. 2 - Councillor Fabian; Div. 3 - Councillor Berg; Div. 7 - Councillor Loewen; Div. 8 - Councillor Scheuerman; and Div. 10 - Councillor Baksa. Those opposed to the amendment: Div. 4 - Councillor Stobbs; Div. 5 - Councillor Harbinson; Div. 6 - Councillor Baxter; and Div. 9 - Reeve Douglass. Vote on the amendment - Carried. . . . . Vote on the amended motion - Councillor Baxter requested a recorded vote. Those in favour of the motion: Div. 2 - Councillor Fabian; Div. 3 - Councillor Berg; Div. 4 - Councillor Stobbs; Div. 5 - Councillor Harbinson; Div. 7 - Councillor Loewen; Div. 8 - Councillor Scheuerman; Div. 9 - y Reeve Douglass and Div. 10 - Councillor Baksa. Those opposed to the motion: Div. 1 - Councillor Daniels; and Div. 6 - Councillor Baxter. Carried. 6. By-law 1198-96 - Road Closure - E of NE 32-14-15-4 Administration advised that we were not petitioned for an opportunity to be heard by any person prejudicially affected by this By-law. Moved by Councillor Stobbs that we proceed with this road closure and send this By-law to the Minister of Transportation & Utilities for approval. Carried. 7. Committee Reports Inter -municipal Subdivision Authority Councillor Fabian gave this report. Business from Minutes (ConYd.) 10-4 Alberta Lotteries Council completed the Alberta Lotteries survey which will now be returned. December 19, 1996 Page 205 Lunch Council recessed for lunch from 12:00 - 1:15 p.m. 8. Correspondence 1. A.A.M.D. & C. - National Infrastructure Program Moved by Councillor Baxter that we send a letter to our M.L.A. and our M.P. stressing the benefits the County has received from the National Infrastructure Program and circulate the News Release to the local media. Carried. 9. Other Business 1. Tax Cancellation Administration presented information on two Roll #'s and advised that the Alberta Energies & Utilities Board has declared these as orhan wells. Moved by Councillor Baksa that we cancel p the taxes on Roll #2813.03, in the amount of $962.75, and Roll #87429.00, in the amount of $1,580.32. Carried. 2. Draft By-law 1203-96 - Amendment to Land Use By-law Administration presented By-law 1203-96, being a By-law to amend Land Use By-law 1004-90 to change the minimum lot size for Country Residential Zoning. Moved by Councillor Loewen that By-law 1203-96 receive first reading. Carried. 10. Public Hearing Moved by Councillor Baksa that we recess for a Public Hearing. Carried. The meeting reconvened at 2:30 p.m. Excused from Meeting Councillor Fabian asked to be excused from the meeting. December 19, 1996 Page 206 By-law 1199-96 Moved by Councillor Baksa that By-law 11199-96, being a By-law to adopt the Benci Area Structure Plan, receive second reading. Moved by Councillor Loewen that this By-law be amended by adding the clause: "and furthermore, any existing water systems servicing the existing 5 Country Residential parcels will not be negatively affected." Vote on the amendment - Carried. Vote on second reading - Carried. Moved by Councillor Daniels that By-law 1199-96 receive third reading. Carried. Excused from Meeting Councillor Loewen asked to be excused from the meeting at 2:45 p.m. Other Business (Cont'd.) 3. Garth Lucas - Water Treatment/Wastewater Treatment Certification Administration advised that Garth Lucas received very high marks and is now qualified for the - Water Treatment I & Wastewater Treatment I Certificate. 4. Hardsurface Reserve Moved by Councillor Daniels that we approve the expenditures, in the amount of $46,943.80, for projects done on our hardsurface roads out of the Hardsurface Reserve Account. Carried. 12. Treasurer's Report The Treasurer's Report for November, 1996 was presented to Council. Moved by Councillor Harbinson that we accept this report. Carried. Committee Resorts (Cont'd.) Municipal No report. December 19, 1996 Page 207 A.S.B. Councillor Daniels gave this report. Senior Citizens' Home No report. Salary Negotiating Committee No report. Assessment Review Board No report. Airport Commission No report. Disaster Services Councillor Scheuerman gave this report. Municipal Library Board Councillor Douglass gave this report. Foothills Little Bow Association No report. Municipal Budget Committee No report. December 19, 1996 Page 208 Municipal Planning Commission 1. 96 NL 30 - Lot 3 Block 1 Plan 8911256 (NE 12-19-15-4) - Jo -Ann Trucking Moved by Councillor Daniels that we lift this item from the table. Carried. The motion on the table reads: "Moved by Councillor Daniels that we approve this subdivision subject to the applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water; subject to the applicant entering into a Development Agreement with the County of Newell for the construction of roads and drainage, the removal of the existing approach north of Lot 1 and the provision of utility services; subject to the applicant dedicating Lot 3 as a utility lot; subject to the applicant placing the proposed drain and the proposed water line on easements, excepting where they must cross the road; subject to payment of money in -place -of municipal reserve in the amount of $ 200.00 per acre, being 10% of the market value of the existing parcel of land; and subject to the applicant meeting any requirements of the Eastern Irrigation District with respect to the relocation of the Eastern Irrigation District's drain. Moved by Councillor Loewen that this motion be amended by adding: "subject to the Plan being altered to provide only one access onto the County road allowance." Vote on the amendment - Carried. Moved b Councillor Baksa that this motion be amended b adding: "subject to a visual Y Y 9 1 barrier, such as trees or a 6' fence along the west side of Lots 1, 2 & 3, being provided."" Vote on the amendment - Lost. Moved by Councillor Daniels that this motion be amended by adding: "subject to a 10' right-of- way on the south side of the road allowance lying north of this proposed subdivision." Moved by Councillor Baxter that we table this item and refer it to the Municipal Committee for more information, which will then be brought back to Council. Carried. Other Business (Cont'd.) 5. Engineering Proposals - Bridge Files 73041 & 75924 P.W. Project Foreman, Bruce Penner, and Assistant Administrator, Alan Martens, were in attendance at the meeting and presented engineering tenders on the above -noted bridges. Moved by Councillor Scheuerman that we accept the tender from Mish Engineering Ltd., subject to Alberta Transportation & Utilities' approval. Vote on the motion - Lost. Moved by Councillor Baksa that we accept the tender from UMA Engineering Ltd. as they have a total upset figure included in their tender, subject to Alberta Transportation & Utilities' approval. Carried. December 19, 1996 Page 209 6. Engineering Pfoposals = Jo -Ann Trucking Road Bruce Penner and Alan Martens were still in attendance and presented engineering proposals for the Jo -Ann Trucking Road. Moved by Councillor Harbinson that we accept the engineering tender from MWK Engineering Ltd. Carried. Returned to the Meeting Councillor Loewen returned to the meeting at 3:25 p.m. 7. Village of Rosemary/County Fire Agreement Moved by Councillor Loewen that we approve the agreement with the Village of Rosemary for the Rosemary Rural Fire Area and that we send it back to the Village for their approval. Carried. Committee Reports (Cont'd.) Subdivision & Development Appeal Board No report. Brooks & District Ambulance Association Councillor Harbinson gave this report. Newell Regional Solid Waste Management Authority Councillor Daniels gave this report and advised that the Newell Regional Solid Waste Management Authority has now become a Company and their meetings will be held on the third Tuesday of every month. Urban Fringe Committee No report. December 19, 1996 Page 210 Sustainable Community Initiative Committee No report. Div. 5 & 10 Recreation Committee Councillors Harbinson & Baksa gave this report. Road Ban Committee No report. Municipal Development Plan Committee Councillor Stobbs gave this report. Grievance Committee No report. 13. Post Agenda Items 1. 1997 Ambulance Requisition Moved by Councillor Daniels that we accept the ambulance requisition for 1997. Carried. 2. H ardsurface Reserve This item was dealt with earlier in the meeting. 3. Litter By-law Council was presented with a proposed Litter By-law. This will be brought back to a future meeting. December 19, 1996 Page 211 4. Resignation - Karen Walde Administration presented a letter of resignation from Karen Walde effective January 30, 1997. Moved by Councillor Stobbs that we accept this resignation with regret. Carried. 5. Employee Meeting Administration advised that an Employee Meeting will be held in January, 1997. 6. Investments Moved by Councillor Scheuerman that we postpone this item until the next Council Meeting. Carried. Moved by Councillor Stobbs that we move into camera. Carried. `1 Excused from Meeting Councillor Daniels asked to be excused at 4:45 p.m. Moved by Councillor Baxter that we move out of camera. Carried. Moved by Councillor Loewen that we rescind the motion from the November 21, 1996 Council Meeting, being Item 11-1, which reads: "Moved by Councillor Loewen that Administration tender for our advertising requirements." as the papers are of different size and print type, and we are unable to find a fair and equitable way of tendering our advertising. Carried. Moved by Councillor Baxter that the Reeve, the Urban Fringe Committee and the C.A.O. speak to our Planner regarding the problems concerning the Municipal Development Plan. Carried. 14. Question Period/Notice of Motion Councillor Daniels had the Administrator present two Notices of Motion to Council. December 19, 1996 Page 212 15. Information Items 1. A.A.M.D. & C. - News Highlights 2. Alberta Municipal Affairs - Municipal Viability Handbooks 3. Newell Mini -bus Report for November, 1996 4. Safety Committee Minutes 5. Councillor Per Diem Sheets 16. Ad'ourn Moved by Councillor Stobbs that the meeting adjourn at 5;10 p.m. Carried. eg REEVE , COUNTY ADMI ISTRATOR December 19, 1996 Pae 21 Page 3 County of Newell No. 4 Minutes of Public Hearing December 19, 1996 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, December 19, 1996 commencing at 1:30 p.m. Members Present Reeve M. Douglass Councillors W. Daniels V. Fabian N. Berg E. Stobbs J. Harbinson B. Baxter M. Loewen B. Scheuerman C. Baksa Administrator M. Bowen The Reeve opened the Public Hearing at 1:30 p.m. The Public Hearing dealt with By-law 1199-96, being a By-law to adopt the Benci Area Structure Plan located in E'/Z 36-20-15-4 immediately east of Highway #36 and south of Secondary Highway hwaY 550. Five members of the public were in attendance at this Public Hearing. Mr. Bernie Blieske, of LIMA, representing Mr. Benci, gave his presentation regarding theapplication for the Area Structure Plan. Council was given the opportunity to ask questions of Mr. Blieske and Mr. Benci. Individuals opposed to this Area Structure Plan were then given an opportunity p to speak. Eileen Klassen stated her concerns regarding additional residents and sewer leaking into their water sY stem and advised that four out of five of the present residents do not have cisterns. They use the dug -out 9 for potable water year around. Cindy Ramsay also voiced her concerns on the additional residents and added that there would be an increase in traffic. Raymond MacDonald presented information in opposition of this Area Structure Plan and advised that some of these lots are low and are under water most of the year and others are very wet in the spring. Letters of opposition from Stan & Tracy Waddle and Carey Kopp & Lynette Grant were read by the Administrator. Council was again given the opportunity to ask questions of those opposed to this Area Structure Plan. Mr. 6lieske was given the opportunity for rebuttal. Council was then given the opportunity to ask questions of any of the members of the public in attendance. There being no further questions or comments, it was moved by Councillor Loewen that the Public Hearing adjourn at 2:30 p.m. Carried. REEVE COUNTY ADMINISTRATOR