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.
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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.
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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
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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.
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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.
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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
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1 No report.
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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
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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
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~ 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.
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REEVE ~,° ~`
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COUNTY ADMINISTRATOR
December 21, 1995 Page 218
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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.
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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.
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REEVE ',,
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COUNTY AD INIS ATOR
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