HomeMy WebLinkAbout2001-04-19 Council (Regular) Minutes
County of Newell No. 4
Minutes of Council Meeting
April 19, 2001
The regular Council Meeting of the County of Newell No. 4 was held in the County Office at
Brooks, AB on Thursday, April 19, 2001 commencing at 10:00 a.m.
Members Present
Reeve
Councillors
Administrator
Recording Secretary
W. Daniels
V. Fabian (10:04 a.m.)
N. Berg
C. Vermeeren
J. Harbinson (10:32 a.m.)
R. Steinbach
M. Loewen
A. Eckert
M. Douglass
C. Baksa
A. Martens
P. Hoffman
1. Excused from Meeting
No members asked to be excused from this meeting.
2. Minutes
1. Council Minutes - Apri15 , 2001
Minutes of the April 5, 2001 meeting were presented. Moved by Councillor Douglass that we
adopt the minutes as presented. Carried.
2. Minutes of Apri15, 2001 Public Hearing
Minutes of the Apri15, 2001 Public Hearing were presented. Moved by Councillor Baksa that we
adopt the minutes as presented. Carried.
3. Call for Post Agenda Items
The Reeve called for post agenda items.
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April 19, 2001
Page 55
Arrived at Meeting _
Councillor Fabian arrived at the meeting at 10:04 a.m. ""`
4. Adoption of Agenda
Moved by Councillor Steinbach that we adopt the agenda as amended. Carried.
5. Business from Minutes
7-4 Finding Agreement in Difficult Issues/Public Particiyation Workshop
A count was taken on the number of lunches that would be required for these workshops.
13-1 Bylaw 1350-01 -Request for Road Allowance Closure & Sale
N of 31-13-13-W4 - Gutfriend. Brent & Susan
Moved by Councillor Berg that the following motion be lifted from the table: "Moved by
Councillor Berg that Bylaw 1350-01, being a bylaw for the closure and sale of the that portion
of road allowance N of 31-13-13-W4 except the portion on S.H. 875 receive first reading."
Carried. Vote on motion for first reading. Carried.
6. Con esgondence
1. Amanda Manz -Request to Lease - Pt. Lot 2, Block 16. Plan 9612719
A letter from Amanda Manz, requesting to lease a portion of Lot 2, Block 16, Plan 7612719 in the
Hamlet of Patricia to pasture her horses, was presented to Council. Moved by Councillor Berg that
we deny this request. Carried.
2. Kav & Riggins -Offer to Purchase S 20' of Lots 7 & 8, Block 1, Plan 2123FB ~`~
e
A letter from Kay & Riggins, on behalf of a client requesting to purchase the south 20' of lots 7 l
& 8, Block 1, Plan 2123FB, in the Hamlet of Rolling Hills, was presented to Council. Moved by
Councillor Vermeeren that we approve this request subject to this properiybeing consolidated with
the remainder of Lot 8, Block 1, Plan 2123FB and that portion of Lot 7, Block 1, Plan 2123FB that
is owned by Mr. Kay's client. Moved by Councillor Baksa that we table this motion. Carried.
Arrived at Meeting
Councillor Harbinson arrived at the meeting at 10:32 a.m.
April 19, 2001 Page 56
~ 7. Other Business
1. Mileage & Expenses for F.C.S.S. Board Members-at-Larne
Moved by Councillor Loewen that we approve the payment of mileage and per diem to F.C.S.S.
members-at-large. Moved by Councillor Fabian that this motion be amended by deleting "and per
diem". Vote on amendment. Carried. Vote on amended motion. Carried.
2. Canada Customs & Revenue Agency - Employer Compliance Audit - 1998 & 1999
The Administrator reported on the Employer Compliance Audit for 1998 and 1999. Moved by
Councillor Harbinson that we proceed with the service of a Notion of Objection. Carried.
8. Treasurer's Report -March 2001
Moved by Councillor Harbinson that we approve the Treasurer's Report for March 2001. Carried.
9. Post Agenda Items
The Finance Officer, Garth Lucas, was in attendance for the following five items.
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1. 2001 Total County Budget
Moved by Councillor Loewen that we approve the 2001 Total County Budget as presented.
Carried.
2. Bylaw 1353-01 -Recreation Tax Rate Bylaw
Moved by Councillor Harbinson that Bylaw 1353-01, being a bylaw for the purpose of setting up
tax rates or requisitions to be charged for various Recreation Areas, receive first reading. Carried.
Moved by Councillor Baksa that Bylaw 1353-01 receive second reading. Carried.
Moved by Councillor Vermeeren that consent be given to proceed with third and final reading of
Bylaw 1353-O1. Carried Unanimously.
Moved by Councillor Fabian that Bylaw 1353-01 receive third and final reading. Carried.
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April 19, 2001 Page 57
3. Bylaw 1352-01 -Fire Tax Rate Bylaw
Moved by Councillor Vermeeren that Bylaw 1352-01, being a bylaw for the purpose of setting
up tax rates or requisitions to be charged for various Fire Areas, receive first reading. Carried.
Moved by Councillor Berg that Bylaw 1352-01 receive second reading. Carried.
Moved by Councillor Harbinson that consent be given to proceed with third and final reading of
Bylaw 1352-01. Carried Unanimously.
Moved by Councillor Douglass that Bylaw 1352-01 receive third and final reading. Carried.
4. Bylaw 1351-01 -Library Tax Rate Bylaw
Moved by Councillor Harbinson that Bylaw 1351-01, being a bylaw for the purpose of including
Divisions 5 & 10 into the Town of Brooks Municipal Library and Shortgrass Regional Library,
receive first reading. Carried.
Moved by Councillor Douglass that Bylaw 1351-01 receive second reading. Carried.
Moved by Councillor Baksa that consent be given to proceed with third and final reading of Bylaw v
1351-01. Carried Unanimously.
Moved by Councillor Loewen that Bylaw 1351-01 receive third and final reading. Carried.
5. Bylaw 1348-01 -Tax Rate Bylaw
Moved by Councillor Fabian that Bylaw 1348-01, being a bylaw for the purpose of authorizing
the various rates of taxation for various purposes in the year 2001, receive first reading. Carried.
Moved by Councillor Baksa that Bylaw 1348-01 receive second reading. Carried.
s
Moved by Councillor Berg that consent be given to proceed with third and final reading of Bylaw
1348-01. Carried Unanimously.
Moved by Councillor Vermeeren that Bylaw 1348-01 receive third and final reading. Carried.
April 19, 2001 Page 58
~ Finance Officer Garth Lucas left the meeting.
10. Delegation -Gord Shaw, Planner -MPC Report
Planner Gord Shaw was in attendance to present information on the MPC report.
Councillor Baksa gave this report.
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The Planner reported that the reason the we make decisions on the applications prior to the end
of the response period has to do with the 60 day limit as set out in the MGA for making decisions.
1. Land Use Change - OF -Urban Fringe to CR2 -Country Residential 2
Lavern & Eileen Klassen/Gordon Grove -Brian Reinboldt (applicant)
Plan 9711815 Blocks 1 & 2 (Pt. NW & NE 31-20-14-W4M) -Division 8
Moved by Councillor Baksa that consideration be given to first reading of a bylaw amending the
land use designation of Plan 9711815, Blocks 1 and 2 within the NW and NE 31-20-14-W4 from
OF -Urban Fringe District to CR2 -Country Residential 2 District and that this amendment not
take effect until such time as a subdivision plan is registered at Land Titles Office. Carried.
2. Bvlaw 1349-01
Moved by Councillor Vermeeren that Bylaw 1349-O1, being a Bylaw to amend Land Use Bylaw
1004-90 to change Plan 9711815, Block 1 & 2 within portions of the NW & NE 31-20-14-W4M
from OF -Urban Fringe District to CR2 -Country Residential 2 District receive first reading.
Carried.
3. O1 NL O11 - Pt. NE 27-18-14-W4 -Division 5
Albert Snyders Holdings Ltd. -Farmstead Separation
Moved by Councillor Baksa that we deny Subdivision Application O 1 NL 011 in Pt. NE 27-18-14-
W4 for a farmstead separation due to the size of the proposed parcel and the lack of legal direct
access. Carried.
4. O1 NL 012 -Plan 8910606, Block 1 & Pt. SE 29-19-14-W4 -Division 10
Marcy, Leona and Lakeside Farm Industries Ltd. -Boundary Adjustment
Moved by Councillor Baksa that we approve Subdivision Application O1 NL 012 to allow for a
boundary adjustment in Plan 8910606, Block 1 & Pt. SE 29-19-14-W4 subject to the following
conditions:
1. The applicant entering into an agreement with the County of Newell for the upgrading of
~ road approaches to the remnant parcel.
April 19, 2001 Page 59
2. The proposed addition being consolidated with Plan 8910606, Block 1 by plan.
3. The applicant entering into any agreements as required by the Eastern Irrigation District
with regard to any easements for Plan 8910606, Block 1 being continued on title when the
plan is registered at Land Titles Office.
4. The applicant entering into an agreement with the Eastern Irrigation District for the
termination of irrigable rights within the portion to be consolidated with Plan 8910606,
Block 1, if required.
Carried.
5. O1 NL 013 - Pt. NW 19-21-15-W4 -Division 7
Seidel, Peggy -Farmstead Separation
Moved by Councillor Baksa that we approve Subdivision Application O 1 NL 013 for a farmstead
separation in Pt. NW 19-21-15-W4 subject to the following conditions:
1. The applicant entering into an agreement with the County of Newell for the upgrading of
the road approaches to the proposed and remnant parcels along the westerly boundary of
NW 19-21-15-W4M.
2. The registration of a caveat for the dedication of 5-metres along the westerly boundary of
the proposed and remnant parcels, as well as the northerly boundary of the remnant parcel,
for future road widening to be purchased at a rate that is consistent with County policy at
that time.
3. The applicant meeting all the requirements of the Eastern Irrigation District with respect to
the conveyance of water as well as easements.
4. All oil and gas company leases, rights-of--way, Board Orders, etc. being carried forward, as
required, when the subdivision mylar is registered at Land Titles Office.
5. The applicant providing easements to franchise utilities for providing services to the
proposed and remnant parcels. The applicant may be responsible for the costs associated
with the installation, removal or modification of services.
Carried.
6. O1 NL 014 - Pt. NE 17-21-15-W4 -Division 7
Parker Thomas - A¢ricultural Subdivision
Moved by Councillor Baksa that we approve Subdivision Application O1 NL 014 for an
agricultural subdivision in Pt. NE 17-21-15-W4 waiving section 49.3 of Land Use Bylaw # 1004-90
to allow a size of 21.05 ha (52 acres) rather than 32.4 ha (80 acres), subject to the following
conditions:
1. The applicant entering into an agreement with the County of Newell for the upgrading of
the road approaches to the proposed and remnant parcels.
2. The registration of a caveat for the dedication of 5-metres along the easterly boundary of the
proposed and remnant parcels for future road widening to be purchased at a rate this is
consistent with County policy at that time.
3. The applicant providing all outstanding municipal taxes on the NE 17-21-15-W4M prior to
endorsement of the subdivision plan.
4. The applicant meeting all the requirements of the Eastern Irrigation District with respect to
the conveyance of water as well as easements and the termination of irrigable rights.
April 19, 2001 Page 60
~- 5. The applicant providing easements to franchise utilities for providing services to the
proposed parcel. The applicant may be responsible for the costs associated with the
installation, removal or modification of services.the proposed parcel.
6. All oil and gas company leases, rights-of--way, Board Orders, etc. being carried forward, as
required, when the subdivision mylar is registered at Land Titles Office.
Defeated.
Moved by Councillor Baksa we deny Subdivision Application O1 NL 014 for an agricultural
subdivision in Pt. NE 17-21-15-W4 as it does not conform to our size requirement for an
agricultural subdivision and because the panhandle access to the remnant parcel is not conducive
to good planning. Carried.
7. O1 NL 015 - Pt. SE 31-16-15-W4 -Division 4
Eastern Irrigation District -Agricultural Subdivision
Moved by Councillor Baksa that we approve Subdivision Application O1 NL 015 for an
agricultural subdivision in Pt. SE 31-16-15-W4 subject to the following conditions:
1. The applicant providing municipal reserve in the form of cash-in-lieu in an amount to be
determined when a plan of subdivision is returned for endorsement. The applicant will need
to submit the required amount to the County prior to endorsement. If the applicant and
County cannot agree on the required amount, the applicant may provide their own appraisal
prior to endorsement.
r" 2. The applicant consolidating the remaining portion of the SE 31-16-15-W4M lying to the
northeast of Canal R/W Plan IRR 971 with Plan 9913321, Block 3 by plan.
3. The applicant meeting all the requirements of the Eastern Irrigation District with respect to
the conveyance of water as well as easements. The Eastern Irrigation District may require
an easement for the pipeline connecting the reservoir to Canal R/W Plan IRR 971.
4. The applicant providing easements to franchise utilities for providing services to the
proposed and remnant parcels. The applicant may be responsible for the costs associated
with the installation, removal or modification of services.
Carried.
8. O1 NL 016 - Pt. SE 32-20-15-W4 & Pt. NE 29-20-15-W4 -Division 7
Dyck. Alan & Laura -Farmstead Separation
Councillor Loewen declared a potential pecuniary interest and left the meeting at 11:44 a.m.
Moved by Councillor Baksa that we approve Subdivision Application O1 NL 016 for a farmstead
separation in Pt. SE 32-20-15-W4 and Pt. NE 29-20-15-W4 subject to the following conditions:
1. The applicant entering into an agreement with the County of Newell for the elimination of
one road approach and upgrade of the other road approach to the proposed parcel as well as
either upgrade or removal of the approaches to the remnant parcel.
2. The registration of a deferred municipal reserve caveat against the SE 32-20-15-W4M. The
,-- amount of the municipal reserve required will be calculated at the time the applicant
provides a plan of subdivision to the municipality for endorsement.
April 19, 2001 Page 61
3. The applicant meeting all the requirements of the Eastern Irrigation District with respect to
the conveyance of water as well as easements.
4. The applicant providing easements to franchise utilities for providing services to the
proposed and remnant parcels. The applicant may be responsible for the costs associated
with the installation, removal or modification of services.
5. All oil and gas company leases, rights-of--way, Board Orders, etc. being carried forward, as
required, when the subdivision mylar is registered at Land Titles Office.
Moved by Councillor Berg that we table this motion. Carried.
Councillor Loewen returned to the meeting at 11:52 a.m.
9. O1 NL 017 Pt. NW 22-18-15-W4 -Division 5
Eastern Irrigation District - A~-icultural Subdivision
Moved by Councillor Baksa that we approve Subdivision Application O1 NL 017 for an
agricultural subdivision in Pt. NW 22-18-15-W4 subject to the following conditions:
1. The applicant entering into an agreement with the County of Newell to construct an
approach to the proposed parcel from the Young Road.
2. The applicant consolidating the remaining portion of the NW 22-18-15-W4M with the SW
22-18-15-W4M at the time of registration of the subdivision plan with Land Titles Office.
3. The applicant entering into an agreement with the Eastern Irrigation District for the
termination of the irrigable units within the proposed parcel, if required.
4. All oil and gas company leases, rights-of--way, Board Orders, etc. being carried forward, as
required, when the subdivision mylar is registered at Land Titles Office.
5. The applicant providing easements to franchise utilities for providing services to the
proposed and remnant parcels. The applicant maybe responsible for the costs associated
with the installation, removal or modification of services.
Carried.
Lunch
Council recessed for lunch from 11:58 a.m. to 1:23 p.m. ~ " ~
Post Agenda Items (cont'd)
Councillor Vermeeren returned to the meeting from the lunch recess at 1:26 p.m.
6. Village of Duchess -Fire Advisory Committee Request for New Fire Hall
A letter from the Village of Duchess, with regard to the Duchess & District Fire Advisory
Committee's request for funding of a new fire hall, was presented to Council. A letter will be sent
to the Village of Duchess explaining that the County has not funded fire halls in the past and
suggesting that the Duchess & District Fire Advisory Committee can fund raise and/or request an
increase in their requisition as a way to pay for their new building.
April 19, 2001 Page 62
/` 11. In Camera
Moved by Councillor Berg that we move in camera. Carried.
Moved by Councillor Loewen that we move out of camera. Carried.
Post Agenda Items (cont'd)
7. Spring 2001 Convention Evaluation
Council reviewed and completed the 2001 Spring Convention Evaluation.
8. Fire Bans
A discussion on fire bans took place.
9. Palliser Economic Partnershi
Reeve Daniels reported that the South Eastern Economic Development Committee has changed
their name to Palliser Economic Partnership. Members are entitled to bring a member from
~` another organization to join the partnership at no cost. Moved by Councillor Baksa that the
County contact the E.I.D. asking them if they would like to be our guest member in the Palliser
Economic Partnership. Carried.
10. Committee Reports
Municipal
No report.
A.S.B.
No report.
Newell Foundation
No report.
April 19, 2001 Page 63
Salary Negotiating Committee
Councillor Harbinson gave this report. ~"
Moved by Councillor Harbinson that we approve the recommendations of the Salary Negotiating
Committee with regard to the CUPE Contract. Carried.
Assessment Review Board
No report.
Airport Commission
No report.
Disaster Services
No report.
Municipal Library Board
No report.
Foothills Little Bow Association
No report,
Munici,Qal Budget Committee
No report.
Intermunicipal Subdivision Authority
Councillor Baksa gave this report.
Moved by Councillor Vermeeren that we wait until after the response date has elapsed to deal with
Land Use Bylaw amendment and subdivision applications. Carried.
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April 19, 2001 Page 64
/'~ Subdivision & Development Appeal Board
No report.
Brooks & District Ambulance Association
Councillor Harbinson gave this report.
Newell Regional Solid Waste Mana¢ement Authority
Reeve Daniels gave this report.
Urban Fringe Committee
Councillor Baksa gave this report.
Community Impact Study Committee
No report.
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Road Ban Committee
No report.
Municipal Development Plan Committee
No report.
Grievance Committee
No report.
911
No report.
College Advisory Committee
~.,,, No report.
April 19, 2001 Page 65
Water Manasement of South Saskatchewan River Basin
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Councillor Eckert gave this report.
Workshop Session
1. Policv Development & Adoption Polite
Moved by Councillor Douglass that we adopt the "Policy Development & Adoption Policy" as
presented. Carried.
2. Calcium for Dust Control Policv
Moved by Councillor Baksa that we amend the Calcium for Dust Control Policy by changing the
application deadline for calcium application to June 8'~. Carried.
Moved by Councillor Eckert the we amend the Calcium for Dust Control Policy such that the
applicant pay 1/3 of the cost of calcium for the first 400 feet of calcium. Moved by Councillor
Loewen that we amend this motion to read the first 300 feet. Vote on amendment Defeated.
Moved by Councillor Vermeeren that we amend this motion by deleting `for the first 400 feet of
calcium." Vote on amendment. Carried. Vote amended motion. Carried.
Left Meeting
Councillor Fabian Left the meeting at 2:33 p.m.
F.C.S.S. Board
The Administrator presented a report from the F.C.S.S. Board to Council. Moved by Councillor
Loewen that, pending the receipt of the applicable financial statements, we approve the
distribution of F.C.S.S. funds as follows:
Newell Integrated Child Care Society
Brooks & District Child Development Society
Duchess Play School
Brooks & District Women's Safe Shelter Society
Bassano F.C.S.S.
Newell Christian Counselling Society
Gem Home Support
$15,000.
$7,000.
$3,000.
$15,000.
$5,000.
$3,000.
$7,500.
Carried.
April 19, 2001
Page 66
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r..., 12. Question Period /Notice of Motion
A question period was held.
13. Information Items
1. Mini Bus Report -February
2. Safety Minutes
14. Adiourn
Moved by Councillor Eckert that the meeting adjourn at 3:05 p.m. Carried.
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REEV ~!
STRATOR
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April 19, 2001 Page 67