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HomeMy WebLinkAbout1995-12-21 Council (Regular) MinutesCounty of Newell No. 4 Minutes of Council Meeting December 21, 1995 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, Alberta on Thursday, December 21, 1995 commencing at 10:00 a.m. ~. ~~., Members Present Reeve M. Douglass Councillors W. Daniels U. Fabian N. Berg E. Stobbs J. Harbinson B. Baxter M. Loewen B. Scheuerman C. Baksa Administrator M. Bowen 1. Excused from Meeting There were no members to be excused from this meeting. 2. Minutes n~ Minutes of the December 7, 1995 meeting were presented. Moved by Councillor Fabian that we `~~,~ ~ adopt these minutes as circulated. Carried. 3. Call for Post Agenda Items The Reeve called for post agenda items. 4. Adoution of Agenda Moved by Councillor Loewen that we adopt the agenda as amended. Carried. December 21, 1995 Page 209 5. Business from Minutes -- 7-3 Patricia School This item remained #abled. 11-7 Business Licence This item remained tabled. 9-3 E.I.D. Historical Park -Request for Waiver of Taxes & Local Improvements This item remained tabled. 9-4 Newell Adult Support Program -Funding Moved by Councillor Berg that we lift this item from the table. Carried. ~~~ ` Motions pertaining to this item from the November 23, 1995 meeting are as follows: "Moved by Councillor Baxter that we accept this item as information. Moved by Councillor Fabian that we amend this motion by adding: and that we write a letter to the Newell Adult Support Program advising them to apply to the Palliser Health Authority for accessing donated money held in reserve." Vote on the amendment -Carried. Vote on the amended motion -Carried. 9-5 Tax Payment -Penalty Date Phil Martin, Finance Officer, and Alan Martens, Assistant County Administrator, were in attendance. The Finance Officer provided information to Council regarding the savings if the tax payment and penalty dates are adjusted. The motion, which was postponed from the November 23, 1995 meeting to the December 21, 1995 meeting, reads as follows: "Moved by Councillor Baxter that the tax payment deadline be moved to September 15th, with penalties being added September 16th." Moved by Councillor Loewen that we amend this motion to read: tax payment deadline of June 15th, with penalties being added June 16th. Councillor Scheuerman requested a recorded vote on this amendment: those in #avour of the amendment: Div. 1 - W. Daniels; Div. 5 - J. Harbinson; Div. 4 - E. Stobbs; Div. 6 - B. Baxter; Div. 10 - C. Baksa; Div. 7 - M. Loewen; and Div. 9 - M. Douglass. Those opposed to the amendment: Div. 2 - V. Fabian, Div. 3 - N. Berg and Div. 8 - B. Scheuerman. December 21, 1995 Page 210 Vote on the amendment -Carried. Vote on the amended motion -Councillor Scheuerman requested a recorded vote on the amended motion. Those in favour of the amended motion: Div. 5 - J. Harbinson; Div. 4 - E. Stobbs; Div. 6 - B. Baxter, Div. 10 - C. Baksa; and Div. 9 - M. Douglass. Those opposed to the amended motion: Div. 1 - W. Daniels; Div. 8 - B. Scheuerman; Div. 3 - N. Berg; Div. 2 - V. Fabian; and Div. 7 - M. Loewen. Tie vote -motion is lost. The Finance Officer is to prepare some proposals to bring hack to Council at a later meeting. 9-8 A.S.B. Tour -Sub Committees Councillor Loewen received information from all individuals as to which they Committees they are prepared to sit on. 9-10 911 Service Administration stated that she had contacted Richard Bzdega, of A.G.T., who advised that they are waiting for a C.R.T.C. decision at which time they would be happy to meet with Council to discuss the 911 Service. ~, 11- Notice of Motion IM. Loewen) Moved by Councillor Loewen that a Management Consultant be contracted to conduct a complete ~'~~ ~ organizational and management review for the County of Newell No. 4. The mandate of the G~ review should be to identify the strengths and weaknesses of the organization, to identify issues relating to the efficiency and effectiveness of the organization, to identify the most effective use of personnel, and to provide Council and management wi#h practical recommendations on how to address these issues. Councillor Loewen requested a recorded vote. Moved by Councillor Berg that this motion be postponed until the January 25, 1996 meeting. Carried. 6. Delegation 1. Rob Rommens Rob Rommens was in attendance regarding the procedure for subdivisions. He advised Council that he had sent a proposed subdivision to our Planner, who had indicated that it was a straight forward procedure. He had paid the 5500.00 subdivision fee. He had then been advised that, in order to subdivide this parcel, he was required to apply for a land use change at a cost of 5100.00. The land use change was denied, therefore the subdivision could not proceed. As he had paid the 5500.00 subdivision fee, he was requesting a reimbursement of this amount. Moved December 21, 1995 Page 211 by Councillor Daniels that we reimburse Mr. Rommens 5500.00 for the subdivision costs. Moved by Councillor Loewen that we amend this motion to read: 5250.00 reimbursement. Vote on the amendment -Lost. Moved by Councillor Fabian that we amend the motion to read: 5300.00 reimbursement. Vote on the amendment -Lost. Vote on the original motion -tie vote -motion lost. 7. ~y1 Lunch Council recessed for lunch from 12:00 - 1:30 p.m. Public Hearing Moved by Councillor Baxter that we recess for a Public Hearing. Carried. Councillor Baksa asked to be excused from the Public Hearing and the discussion after the Public Hearing and left the Council Chambers. The meeting reconvened at 2:30 p.m. 8. By-law 1161-95 Moved by Councillor Baxter that Bylaw 1161-95, being a Bylaw to amend Land Use Bylaw 1004-90 to change 15 acres in Pt. SW 1-19-15-4 from Agriculture to Mobile Home Park, receive second reading. Councillor Loewen requested a recorded vote. Those in favour of second reading: Div. 2 - V. Fabian; Div. 5 • J. Harbinson; Div. 4 - E. Stobbs; Div. 6 - B. Baxter; and Div. 9 - M. Douglass. Those opposed to second reading: Div. 1 - W. Daniels, Div. 8 - B. Scheuerman; Div. 3 - N. Berg; and Div. 7 - M. Loewen. Vote on second reading -Carried. Moved by Councillor Fabian that By-law 1161-95 receive third reading. Councillor Loewen requested a recorded vote. Moved by Councillor Daniels that we amend the By-law to read: 10 acres. Vote on the amendment -lost. Those in favour of third reading: Div. 2 - V. Fabian; Div. 5 - J. Harbinson; Div. 4 - E. Stobbs; Div. 6 - B. Baxter; and Div. 9 - M. Douglass. Those opposed to third reading: Div. 1 - W. Daniels, Div. 8 - B. Scheuerman; Div. 3 - N. Berg; and Div. 7 - M. Loewen. Vote on third reading -Carried. Councillor Baksa returned to the meeting. December 21, 1995 Page 212 .-~ 9. Correspondence Nil. 10. By-law 1164-95 Moved by Councillor Baksa that By-law 1164-95, being a By-law to close and sell portions of the street on Plan 8709 C.H., receive first reading. Carried. 11. By-law 1165-95 Moved by Councillor Daniels that By-law 1165-95, being a By-law for debenture borrowing for the Rolling Hills Sewage Lagoon over a period of 20 years, receive first reading. Carried. 12. Other Business 1. Set up Committee to Review Brooks & County Recreation Agreement 15 members) } This item was referred to the next meeting when we will be meeting with representatives from ~~ ~~ the Town of Brooks. 13. Interim Municipal Budget for 1996 The Finance Officer and Assistant County Administrator were in attendance. The Finance Officer presented the Budget to Council and went through the functions asking questions concerning the Budget. Excused from Meeting Councillor Daniels asked to be excused at 5:10 p.m. This Budget will be brought back to the next Council Meeting. December 21, 1995 Page 213 14. Committee Reports Municipal No report. A.S.B. No report. Senior Citizens' Home No report. Salary Negotiating Committee No report. Assessment Review Board No report. Airport Commission Councillor Harbinson gave this report. Disaster Services No report. Municipal Library Board No report. December 21, 1995 Page 214 ,-., Foothi8s Little Bow Association No report. Municipal Budget Committee Councillor Stobbs gave this report. Municipal Planning Commission Councillor Fabian gave this report. a) 95 NL 71 - SE 1-20.15.4 - Stimson, George & Christine Moved by Councillor Scheuerman that we approve this subdivision application subject to the applicant entering into a Water Agreement with the E.I.D. and subject to the applicant consolidating the remnant parcel with the parcel to the north. Carried. ~ Inter-municipal Subdivision Authority Councillor Fabian gave this report. ~~~, ... . Subdivision & Development Appeal Soard No report. Brooks & District Ambulance Association Councillor Berg gave this report. County Tourism No report. December 21, 1995 Page 215 Newell Regional Solid Waste Management Authority No report. Urban Fringe Committee No report. Newell Mini-bus Committee Moved by Councillor Stobbs that we accept the November Mini-bus report. Carried. Brooks & District Environmental Advisory CommitteelSustainable Community Initiative Committee No report. Municipal Policy Handbook Committee 1 1 No report. .... Road Ban Commit#ee No report. Municipal Development Plan Committee No report. 15. Post Agenda Items 1. Town of Brooks Letter from the Town of Brooks requesting dates and the type of meeting for our Joint Meeting was presented to Council. Moved 6y Councillor Harbinson that we advise the Town of Brooks that we are prepared to meet on January 29, 1996 at a dinner meeting at 5:30 p.m., if possible. Carried. December 21, 1995 Page 216 2. A.S.B. Fieldman Applications --.~ Administration advised that the closing date far applications was noon on December 18, 1995 and asked for a Committee to review applications, interview and hire an Agriculture Fieldman. Moved by Councillor Berg that the Reeve, A.S.B. Chairman and Administration review the applications, short list, interview and hire a Fieldman. Carried. 3. Expenditures from Hardsurface Reserve Administration presented expenditures on our hardsurface roads for 1995 in the amount of 546,289.39. Moved by Councillor Loewen that we approve the expenditures in the amount of 546,289.39 from the Hardsurface Reserve. Carried. 4. By-law 1166-95 Moved by Councillor Scheuerman that By-law 1166.95, being a By-law to adopt the assessment prepared in the previous year, receive first reading. Carried. Moved by Councillor Berg that Bylaw 1166-95 receive second reading. Carried. ~`' .Moved by Councillor Loewen that By-law 1166-95 receive consent of Council for third and final ~.~~ f~/ ~ reading. Carried Unanimously. Moved by Councillor Stobbs that By-law 1166-95 receive third and final reading. Carried. 5. Town of Brooks -Land Use By-law Amendment to 91-6 Administration presented an amendment to the Town of Brooks Land Use By-law on Block F Plan 3950 EQ, from Direct Control District to R1, R2, R4 & P2, for information. The consensus was that we do not have any objections to this amendment. 6. By-law 1167-95 Moved by Councillor Loewen that By-law 1167-95, being a By-law to amend Land Use By-law 1004-90 by adding 'machining shop' as a Discretionary Use under the Agriculture District, receive first reading. Carried. December 21, 1995 Page 217 7. Development Appeal Board Fees Administration is to look into this and bring the information back to a future meeting. \ 16. In Camera Moved by Councillor Berg that we move into camera. Carried. Moved by Councillor Stobbs that we move out of camera. Carried. Moved by Councillor Stobbs that we approve the costs and tuition fees for Garth Lucas to enrol in the Local Government accounting courses offered by the University of Alberta. Carried. . i 7. Question PeriodlNotice of Motion A question period was held. 18. Information Items 1. A.A.M.D. & C. -Municipal Highlights 19. Adjourn Moved by Councillor Stobbs that the meeting adjourn at 6:20 p.m. Carried. v ~, r; ~ REEVE ~,° ~` J~~~ COUNTY ADMINISTRATOR December 21, 1995 Page 218 ~.~ County of Newell No. 4 Minutes of Public Hearing December 21, 1995 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, Alberta on Thursday, December 21, 1995 commencing at 1:30 p.m. Members Present Reeve M. Douglass Councillors W. Daniels V. 1=abian N. Berg E. Stobbs J. Harbinson B. Baxter M. Loewen B. Scheuerman Administrator M. Bowen The Reeve opened the Public Hearing at 1:30 p.m. .~., -~ The Public Hearing dealt with By-law 1161-95, being an amendment to Land Use By-law 1004-90 for 15 acres in Pt. SW 1-19-14-4 from Agriculture to Mobile Home Park. The applicant was given the opportunity to present his case for this Land Use Change. ..--'~, , Derek G. Redman, from Davidson & Williams, Barristers & Solicitors, was representing Randy Baksa at this Hearing. Mr. Redman distributed an information brief on the proposed Land Use Change and stated the case for the application for amendment. Photographs were shown to Council of the location of this proposed Land Use Change. Mr. Redman also advised Council to look at the discretionary uses under the Agriculture District at the present time. The Chairman asked to hear #rom anyone else speaking in favour of this proposed Land Use Change. Chris Kenmore advised that she was representing other individuals and presented a case for the Land Use Change. Mary Sawatzky advised that she was in favour of this Land Use Change and the reasons were the same as those previously stated. Shannon Schuh provided information as to the low vacancy rate in Brooks and supported this Land Use Change. James T. Baksa advised that he was in favour for the reasons presented by previous speakers. Garnet Altwasser, from Lakeside, advised that, with the Lakeside expansion, low cost housing is needed and supported this Land Use Change. Jim & Elizaheth Baksa supported the views of the previous speakers. Walter Stewart, a developer, stated that there is a definite need for affordable housing and that, perhaps, people perceive things that may not be true. The Chairman asked for any other members wishing to speak in favour of the proposed Land Use Change. There being none, Council was given the opportunity to ask questions of the applicant or those individuals speaking in favour of the proposed Land Use Change. The Chairman then asked to hear from individuals that were opposed to the Land Use Change. Gloria Schuett asked that her & Les Schuett's letter be read to Council giving their reasons for opposing this Land Use Change. The Administrator read the letter to Council. J. DeJong advised that he is opposed for the reasons the previous speaker had given. Ralph Siemens stated his concerns and advised that he has already had conflict with neighbours over the smell of the effluent used for irrigation and he feels that, with additional homeowners, this conflict will increase. Jock Airth spoke opposed to the Land Use Change stating that this area would be completely surrounded by irrigated properties and many of these farms use intensive farming practices such as spraying and chemical fertilizers. He felt that, if this Land Use Change proceeds, individuals would be complaining to Alberta Environment and additional conflict would result. Linda Hajash, on behalf of herself and her husband, Joe, stated that they had checked with Duikway Aviation regarding their spraying practices and were advised that, if the Mobile Home Park goes in at this area, they would not be able to spray certain areas of their field as the distance required for the spray planes would be inadequate. John Day gave his reasons for opposition to this Land Use Change. The intersection with the increased traffic would become even more dangerous than it is at the present time. He also advised Council to check with the E.I.D. regarding coal seams located in this area. Irma Merkl advised that she is opposed `~~~ to this Land Use Change for the same reasons as John Day & Jock Airth and stated that the road turning to the north is not adequate at present and, with increased traffic, the safety issue is a major factor. Sandra Malinsky advised that she is opposed to this Land Use Change and agreed with the comments of the previous speakers and added that the increase in transportation is a major concern. She also advised that this type of development is an urban development and should not be located in an agricultural area. Her feelings are that this type of development should go into the Hamlets and small Villages to help them survive and create a more orderly development. Joe Merkl is opposed to this Land Use Change. His concern is the safety at the intersection and advised that he feels this type of development should be located south and west of Highway #1. Joe Hajash spoke in opposition to the Land Use Change. Items of concern are that the high density of people would cause additional problems with dogs, children and more traffic. He also feels that, as Brooks is developing residential areas now, this should help with the housing concerns. He commented that, although the land is not considered good farm land, it could be improved for agriculture use by various methods. The Chairman asked if there was anyone else wishing to speak in opposition. There being none, Council was given the opportunity to ask questions of those individuals opposed to the proposed Land Use Change. The Chairman acknowledged receipt of letters in favour of the proposed Land Use Change #rom Lakeside, Brooks Savings & Credit Union, Doris Defoor & Les Fist, Bruce Folden, Joan Frank, Bill & Shirley Prentice, Kaye Garner, Brenda Poole, Lorraine Aasen, B. Mullen, M. Sawatzky, Linda Valerian, C. Young, Janette Coldwell, Tony Baksa, Dalin Hansen, Karen & Kuis Kuiper, Perry & Robert Warren, Mr. & Mrs. Jamison, Johnson Farms, Margaret Baksa, James Baksa, Susan Baksa, Irene Schnieder, n.~ Doris Bachand, Carl Bachand, Penny Johnson, Lavonne Visser, Darren Visser, Elsie Strach, Robert Strach and Irena Kil. The Chairman also acknowledged receipt of letters in opposition to the proposed Land Use Change from Ralph & Loretta Siemens, John Day, Les & Gloria Schuett, 1. Hajash, Joe M. Hajash, Joy & Earl Christman and Airth Farms Ltd. The applicant was then given the opportunity for a rebuttal. Mr. Redman gave his rebuttal. There .being no individuals wishing to speak further, it was moved by Councillor Loewen that the Public Hearing be adjourned at 2:30 p.m. Carried. ~ ~ ~~~~~ REEVE ',, =-z~'~ COUNTY AD INIS ATOR ,..~