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Home My WebLink About2002-12-19 Council (Regular) Minutes~`^ County of Newell No. 4 Minutes of Council Meeting December 19, 2002 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, December 19, 2002 commencing at 10:00 a.m. Members Present Reeve Councillors Administrator Assistant Administrator Recording Secretary W. Daniels V. Fabian (10:45 a.m.) G. Musgrove C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert A. Pickett C. Baksa A. Martens N. Moriyama P. Garrett 1. Excused from Meeting Councillor Fabian asked to be excused from a portion of the morning session of this meeting. 2. Minutes 1. Council Minutes -December 5, 2002 Minutes of the December 5, 2002 meeting were presented. Moved by Councillor Vermeeren that we adopt the minutes as presented. Carried. (~+ 2. Public Hearing Minutes -December 5, 2002 (2) Minutes of the Public Hearings held on December 5, 2002 were presented. Moved by Councillor Harbinson that we adopt the minutes as presented. Carried. 3. Call for Post Agenda Items The Reeve called for post agenda items. ,,,,", December 19, 2002 Page 202 4. Adoption of Agenda Moved by Councillor Loewen that we adopt the agenda as amended. Carried. 5. Business from Minutes Dates for LUB, MDP and Economic Development Meetings Council revised the dates for the LUB, MDP and Economic Development Meetings to try to group the meetings together. The dates were revised as follows: February 11 Division 5 & 10 7:00 p.m. February 12 Division 9 1:30 p.m. February 12 Division 6 7:00 p.m. February 18 Division 8 7:00 p.m. February 19 Division 2 7:00 p.m. February 20 Division 7 7:00 p.m. February 25 Division 4 7:00 p.m. February 26 Division 1 1:30 p.m. February 26 Division 3 7:00 p.m. Moved by Councillor Venmeeren that all of Council meet with the facilitator on January 6'~, 2003 to set the parameters for the meeting. Carried. 6. Correspondence 1. Palliser Economic Partnership -Community Support Declaration Error A memo from the Palliser Economic Partnership, regarding a date error in the Community Support Declaration, was presented to Council. Moved by Councillor Baksa that the Community Support Declaration be amended by changing the date from "April 1, 2002 to March 31, 2004" to "April 1, 2002 to March 31, 2005" and by deleting the words "a minimum of from the first paragraph. Carried. 2. County of Newell Municipal Library Board -Request for Utility Grant A letter from County ofNewell Municipal Library Board, requesting the annual utility/technology grant for their member libraries, was presented to Council. Moved by Councillor Eckert that we give each County of Newell Municipal Library Board member library a $1200 utility grant for the year 2003. Carried. -, ~~ December 19, 2002 Page 203 !` 3. Ken Ellingson -Commercial Development on Lands Zoned Ar~riculture A letter from Ken Ellingson, regarding the discouragement of commercial development on lands zoned agriculture, was presented to Council. Administration was directed to reply to Mr. Ellingson's concerns. 7. Delegation -Allan and Inez Elder -Land Use Issues, Permit Delays and Taxes Allan and Inez Elder were in attendance to discuss with Council various issues including land use, permit delays and taxes. Mr. & Mrs. Elder submitted a letter outlining their concerns. Arrived at Meetine Councillor Fabian arrived at the meeting at 10:45 a.m. Administration will review Mr. & Mrs. Elder's concerns and bring the results to a future meeting. 8. Delegation -Brad Calvert Bow City Waste Transfer Site Concerns Brad Calvert was in attendance to bring forward Bow City residents' concerns and proposals ,-- regarding waste transfer sites. Correspondence (cont'd) 4. AANID&C Fa112002 Convention Evaluation The AAMD&C Fall 2002 Convention Evaluation package was circulated and reviewed by Council. /~ ~~ .... U` 5. SherrJill Consulting Ltd. -Request for Tax Relief A letter from Shergill Consulting Ltd., requesting tax relief for certain properties within the Lake Newell Resort area, was presented to Council. Moved by Councillor Baksa that administration prepare a tax payment agreement for Plan 9411167, Block 5 and bring the proposal to the next Council meeting for review. Carried. 6. AAMD&C - Urban/Rural Cost-Sharing Task Force An a-mail from AANID&C, regarding the Urban/Rural Cost-Sharing Task Force's principles guiding their final report and the issues to be addressed, was presented to Council. Moved by -- Councillor Loewen that we support the direction the Task Force is taking. Carried. December 19, 2002 Page 204 8. Other Business 1. Representative for Bow River Council Councillor Vermeeren reported on the last Bow River Council Meeting. Moved by Councillor Vermeeren that we appoint Councillor Fabian as the County's representative for the Bow River Council. Carried. 2. Committee to Work with RCMP on Annual Business Plan Moved by Councillor Musgrove that Councillors Harbinson, Eckert and Loewen be appointed to the Committee to work with the RCMP on an Annual Business Plan. Carried. 3. Adopt 2002 Operating Budget as Interim 2003 Operating Budget Moved by Councillor Baksa that we adopt the 2002 Operating Budget as the Interim 2003 Operating Budget. Carried. Lunch Council recessed for lunch from 11:50 a.m. to 1:16 p.m. Finance Officer Susan Shigehiro was in attendance for the following items. 4. 2003 Capital Budget Moved by Councillor Loewen that we approve the Agricultural Service Board 2003 Capital ~'\ ~ Budget. Carried. 1~ Superintendent of Public Works Earl Somerville was in attendance for the following items. Moved by Councillor Moss that we eliminate the ripper from the Public Works 2003 Capital Budget. Carried. Moved by Councillor Baksa that we approve the Public Works 2003 Capital Budget as presented with the exception of the ripper. Carried. ~...~% December 19, 2002 Page 205 ,~ 5. 2003 Capital Equipment Purchase Recommendations 1. Public Works Superintendent of Public Works Eazl Somerville presented the Public Works capital equipment tender results. Moved by Councillor Harbinson that we approve the purchase of 2 CAT graders from Finning as recommended by the Superintendent of Public Works. Carried. Moved by Councillor Baksa that we approve the purchase of 1 CAT loader from Finning as recommended by the Superintendent of Public Works. Carried. Moved by Councillor Moss that we approve the purchase of 1 CAT packer from Finning as recommended by the Superintendent of Public Works. Carried. Moved by Councillor Eckert that we approve the purchase of 1 body job and box from Kenworth as recommended by the Superintendent of Public Works. Carried. r-- ~H Moved by Councillor Loewen that we approve the purchase of 1 Tenco plow and sander from Fort Garry Industries as recommended by the Superintendent of Public Works. Carried. Moved by Councillor Vermeeren that we approve the purchase of 1 GMC 4x4 %z ton truck and 1 GMC 4x4 3/, ton truck from Community GMC as recommended by the Superintendent of Public Works. Carried. Moved by Councillor Moss that, in the future, small truck tenders not be limited to Brooks automobile dealers. Carried. The Finance Officer and the Superintendent of Public Works left the meeting at this time. 9 Delegation -Vern Parker & Curtis Huber - 02 NL 023 SW 33-14-13-W4 -Farmstead Separation -Division 1 The Reeve declared a pecuniary interest in this matter and left the Council Chambers. In his absence, Deputy Reeve Harbinson assumed the chair. December 19, 2002 Page 206 Vern Parker and Curtis Huber were in attendance to present information regarding Subdivision Application 02 NL 023. Moved by Councillor Baksa that we recommend to the County of Newell Subdivision Approving Authority that Subdivision Application 02 NL 023 for a farmstead separation within the SW 33-14-13-W4 be denied as this farmstead separation would not be appropriate due to potential conflict with current and future farming operations in this area. Councillor Loewen requested a recorded vote. For Division 3 Councillor Musgrove Division 6 Councillor Moss Division 9 Councillor Pickett Division 10 Councillor Baksa Against Division 2 Councillor Fabian Division 4 Councillor Vermeeren Division 5 Councillor Harbinson Division 7 Councillor Loewen Division 8 Councillor Eckert Absent Division 1 Reeve Daniels Defeated. Moved by Councillor Loewen that we recommend to the County of Newell Subdivision Approving Authority that Subdivision Application 02 NL 023 for a farmstead separation within the SW 33- 14-13-W4 be approved subject to the following conditions: 1. The registration of a caveat for the dedication of a 5-metre strip of land along the westerly boundary of the SW 33-14-13-W4 for future road widening to be purchased at a rate this is consistent with County policy at that time. 2. The applicant entering into an agreement with the County of Newell for the installation of any required road approaches to the proposed and/or remnant parcels. 3. 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. 4. 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. 5. The applicant meeting all requirements of the Eastern Irrigation District with respect to the conveyance of water as well as easements. 6. All outstanding municipal taxes being paid prior to the endorsement. Carried. The Reeve returned to the meeting and assumed the chair. December 19, 2002 Page 207 --- 2003 Capital Equiument Purchase Recommendations (cont'd) 2. Agricultural Service Board Agricultural Service Board Fieldman Steve Wylie was in attendance for the following items and presented the Agricultural Service Board capital equipment tender results. Moved by Councillor Harbinson that we approve the purchase of 1 4x4 %Z ton truck from Community GMC as recommended by the Agricultural Service Board Fieldman. Carried. Moved by Councillor Eckert that we approve the purchase of 1 utility tractor/mower from Evergreen Implements as recommended by the Agricultural Service Board Fieldman. Carried. Moved by Councillor Fabian that we approve the purchase of 1 6x6 utility ATV from A & E as recommended by the Agricultural Service Board Fieldman. Carried. Moved by Councillor Loewen that we approve the purchase of a 15 foot no-till drill from Evergreen Implements as recommended by the Agricultural Service Board Fieldman. Carried. .-- 10. Post Agenda Items 1. Delegation -Brad Calvert. Bow City Waste Transfer Site This item was dealt with earlier in the meeting. p ~ 2. Mousset -Appeal on Supervision of Land (J`~ Moved by Councillor Vermeeren that, if Mr. Mousset signs a 3 year supervision agreement prior to the appeal scheduled for January 14, 2003, we withdraw the appeal. Defeated. The Agricultural Fieldman left the meeting at this time. Request for County Newsletter Councillor Vermeeren brought forth a request for a County Newsletter. This item was referred to a Workshop Session. December 19, 2002 Page 208 4. Scandia Communit~Sign Moved by Councillor Vermeeren that we reimburse Reece Chandler $2,247.00 for the Scandia Community sign with funds to come from the Economic Development Function. Carried. 5. Rosemary Fire Truck Moved by Councillor Loewen that we approve the purchase of a fire truck for Rosemary Volunteer Fire Department from Wholesale Fire and Rescue Ltd. Carried. 6. Southeast Alberta Child and Family Services - Meerinr~ The Administrator read, and circulated to Council, a letter from Southeast Alberta Child and Family Services, regarding a meeting with the Hon. Iris Evans, on January 6, 2003. Moved by Councillor Loewen that the Assistant Administrator attend this meeting if he is able to and feels it would be beneficial. Carried. 7. Report on Deft of National Defence Militia This item will be dealt with during Committee Reports. 8. Bow River Council Report This item was dealt with earlier in the meeting. 9. Subdivision and Development Appeal Board It with durin Committee Re orts. C~. This item v~nll be dea g p 10. Waste Transfer Stations Councillor Eckert reported that he had been talking to people regarding the placement of a waste transfer site to service the area missed by the proposed Rosemary waste transfer site. 11. Committee Reports Municipal Councillor Harbinson gave this report. December 19, 2002 Page 209 r A.S.B. Councillor Loewen gave this report. ,•-~ ~~"~ Newell Foundation Councillors Loewen and Moss gave this report. Salary Negotiating Committee Councillor Harbinson gave this report. Assessment Review Board No report. Airport Commission No report. Disaster Services No report. Municipal Library Board No report. Foothills Little Bow Association Councillor Loewen gave this report. Municipal Budget Committee No report. Municipal Planning Commission ,,.., Councillor Baksa gave this report. December 19, 2002 Page 210 1. Evergreen Industrial Area Structure Plan Moved by Councillor Baksa that Bylaw 1415-02, being a bylaw to adopt the Evergreen Industrial Area Structure Plan, receive first reading. Moved by Councillor Moss that we table this motion. Carved. 2. Moratorium on Farmstead Separations Moved by Councillor Baksa that Bylaw 1416-02, being a bylaw to amend Land Use Bylaw # 1004- 90 as follows receive first reading: Part IV.• General Land Use ReQUlations Add a new Section 48.0 Subdivision of Agricultural Residences: Notwithstanding Sections 2.1, 2.2, 2.3, 2.4 and 2.5 of the County of Newell Municipal Development Plan, and the regulations set forth herein, there shall be no further subdivision of agricultural residences approved by the County of Newell until such time as proper criteria are in place for assessing the suitability of the site with respect to all livestock operations in the vicinity of the application. Renumber current Section 48 to Section 49. Part Y.• Land Use Districts and Regulations Add to Section 49.0: Further to Section 48.0 of this Bylaw, no subdivision of an agricultural ~- residence shall be approved by the County of Newell. Delete from Section 49.1: Dwelling Units (including mobile homes) Add to Section 49.2: Dwelling Units (including mobile homes) Add to Section 49.6 at the forefront: Further to Section 48.0 of this Bylaw and notwithstanding R - the following regulations of Section 49.6, no subdivision of an agricultural residence shall be 1~ approved by the County of Newell. Add to Section 50.0: Further to Section 48.0 of this Bylaw, no subdivision of an agricultural residence shall be approved by the County of Newell. Delete from Section 50.1: Dwelling Units (including mobile homes) Add to Section 50.2: Dwelling Units (including mobile homes) Add to Section S0.7 at the forefront: Further to Section 48.0 of this Bylaw and notwithstanding the following regulations of Section 49.6, no subdivision of an agricultural residence shall be approved by the County of Newell. December 19, 2002 Page 211 r Councillor Loewen requested a recorded vote on this and all subsequent motions on this bylaw. For Division 1 Reeve Daniels Division 3 Councillor Musgrove Division 4 Councillor Vermeeren Division 6 Councillor Moss Division 9 Councillor Pickett Division 10 Councillor Baksa Against Division 2 Councillor Fabian Division 5 Councillor Harbinson Division 7 Councillor Loewen Division 8 Councillor Eckert Carried. Moved by Councillor Baksa that Bylaw 1417-02, being a bylaw to amend the County of Newell Municipal Development Plan as follows receive first reading: Section 1.0 Add to Section 1.0: Notwithstanding any policies set forth herein pertaining to the subdivision of agricultural residences, the County of Newell hereby restricts the subdivision of an agricultural '' residence from an unsubdivided quarter section or subdivision of an undeveloped parcel of land on an unsubdivided quarter section (subject to conditions of Policy 2.S.S of the Municipal Development Plan) until further notice provided by the County of Newell. Section 2.0 Add to Section 2.0: Notwithstanding Sections 2.1, 2.2, 2.3, 2.4 and 2. S of the County of Newell Municipal Development Plan, there shall be no further subdivision of agricultural residences approved by the County of Newell until such time as proper criteria is in place for assessing the C~" ~ suitability of the site with respect to all livestock operations in the vicinity of the application. Councillor Loewen requested a recorded vote on this and all subsequent motions on this bylaw. For Division 1 Reeve Daniels Division 3 Councillor Musgrove Division 4 Councillor Vermeeren Division 6 Councillor Moss Division 9 Councillor Pickett Division 10 Councillor Baksa Against Division 2 Councillor Fabian Division 5 Councillor Harbinson Division 7 Councillor Loewen ,,_. Division 8 Councillor Eckert Carried. December 19, 2002 Page 212 3. Bvlaw for Trail Development There was no further information on this item. Workshou Session No report. Brooks & District Ambulance Association No report. Newell Re¢ional Solid Waste Management Authority Reeve Daniels gave this report. Urban Fringe Committee No report. Community Impact Study Committee No report. Road Ban Committee ~l~ No report. MuniciQal Development Plan Committee No report. Grievance Committee No report. 9-1-1 No report. December 19, 2002 Page 213 ~~- College Advisory Committee Councillor Vermeeren gave this report. Red Deer River Basin Advisory Committee No report. Bow River Basin Advisory Committee No report. F.C.S.S. Board No report. Palliser Economic Parinershiu No report. r- Regional Services The Administrator gave this report. 50'" Anniversary Cortunittee No report. `/ Partners in Tourism I/~( No report. Report on Dept of National Defence Militia Councillor Moss gave this report. Subdivision and Development Appeal Board ~ Councillor Vermeeren gave this report. December 19, 2002 Page 214 12. In Camera Moved by Councillor Loewen that we move in camera. Carried. Moved by Councillor Vermeeren that we move out of camera. Carried. Excused from Meeting Councillors Fabian and Pickett excused themselves from the remainder of the meeting during the In Camera session. Moved by Councillor Baksa that we approve the recommendation of Administration in regard to an agreement for moving expenses for the Planner. Carried. 13. Ouestion Period /Notice of Motion A question period was held. 14. Information Items 1. Alberta Minister of Community Development -Bid to Host 2005 Senior Games 2. Safety Committee Minutes 3. Newell Mini Bus Report 15 . Adjourn Moved by Councillor Baksa that the meeting adjourn at 4:55 p.m. Carried. (~ ~~ti-~.-s-r--. ___ ~~ COUNTY ADMII~TISTRATOR December 19, 2002 Page 215