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HomeMy WebLinkAbout2002-11-06 Council (Regular) MinutesCounty of Newell No. 4 Minutes of Council Meeting November 6, 2002 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Wednesday, November 6, 2002 commencing at 10:00 a.m. Members Present Reeve W. Daniels Councillors V. Fabian C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert A. Pickett C. Baksa Administrator A. Martens Assistant Administrator N. Moriyama Recording Secretary P. Garrett 1. Excused from Meeting Moved by Councillor Harbinson that Councillor Musgrove be excused from this meeting. Carried. 2. Minutes 1. Organizational Meeting -October 21, 2002 Minutes of the October 21, 2002 Organizational Meeting were presented. Moved by Councillor Loewen that we adopt the minutes as presented. Carried. ~~ 2. Council Minutes -October 23, 2002 Minutes of the October 23, 2002 meeting were presented. Moved by Councillor Vermeeren that we adopt the minutes as presented. Carried. 2. Public Hearing Minutes -October 23, 2002 Minutes of the Public Hearing held on October 23, 2002 were presented. Moved by Councillor Fabian that we adopt the minutes as presented. Carried. i-- November 6, 2002 Page 181 3. Call for Post Agenda Items The Reeve called for post agenda items. 4. Adoption of A ends Moved by Councillor Vermeeren that the In Camera session be held immediately following Adoption of Agenda. Carried. Moved by Councillor Moss that we adopt the agenda as amended. Carried. 5. In Camera Moved by Councillor Baksa that we move in camera. Carried. Moved by Councillor Pickett that we move out of camera. Carried. Moved by Councillor Eckert that we accept the recommendations ofthe Administrator with regard to Christmas hours for County staff. Carried. 6. Business from Minutes 1. Brooks & District Ambulance Association/911 Moved by Councillor Baksa that the following motion be lifted from the table: "Moved by Councillor Baksathat aletter besent to theAmbulanceBoard and 911 Committee rearming our position of retaining two separate boards. Councillor Fabian requested a recorded vote." Carried. Vote on motion. For Division 1 Reeve Daniels Division 4 Councillor Vermeeren Division 5 Councillor Harbinson Division 6 Councillor Moss Division 7 Councillor Loewen Division 8 Councillor Eckert Division 9 Councillor Pickett Division 10 Councillor Baksa Opposed Division 2 Councillor Fabian Absent Division 3 Councillor Musgrove Carried. November 6, 2002 Page 182 7. Public Hearing -Plan 9612719, Block 16, Lot 1 (NW 13-20-13-W4) From PS -Public Omen Space to HR -Hamlet Residential District Moved by Councillor Pickett that we recess for the Public Hearing at 10:30 a.m. Carried. Council reconvened at 10:34 a.m. 8. Bylaw 1409-02 Moved by Councillor Baksa that Bylaw 1409-02, being a bylaw to re-designate Plan 9612719 Block 16 Lot 1 (NW 13-20-13-W4) from PS -Public Open Space to HR -Hamlet Residential, receive second reading. Carried. Moved by Councillor Vermeeren that Bylaw 1409-02 receive third and final reading. Carried. Correspondence Gem Jubilee Library - Short¢rass Library System ~-- A letter from the Gem Jubilee Library, regarding the Shortgrass Library System and the Utility Grant, was presented to Council as information. 2. Town of Bassano - Shortgrrass Library System A letter from the Town of Bassano, regarding the Shortgrass Library System, was presented to Council as information. .... 3. Tilley & District Public Library -Utility Grant ` A letter from the Tilley & District Public Library, regarding the Utility Grant, was presented to Council as information. 4. FCM -Municipal Perspective on Government of Canada Draft Climate Chance Plan A members advisory from the Federation of Canadian Municipalities, regarding a municipal perspective on the Government of Canada Draft Climate Change Plan was presented to Council. Moved by Councillor Loewen that this item be accepted as information. Carried. r--- November 6, 2002 Page 183 5. Alberta Environment - 2002 AAMD&C Fall Convention Meetin¢ A letter from Alberta Environment, regarding a meeting with the Minister and/or Staff at the 2002 AAMD&C Fall Convention, was presented to Council as information. 6. Sunflower & Sagebrush Committee -Farm Women's Conference A letter from the Sunflower & Sagebrush Committee, requesting sponsorship for the upcoming Farm Women's Conference, was presented to Council. Moved by Councillor Harbinson that we accept this letter as information. Carried. 10. Other Business 1. Councillor's Compensation & Expenses Policv -Proposal Moved by Councillor Loewen that we accept the Councillor's Compensation & Expenses Policy as presented with the deletion of Item #3. Carried. 2. Cancellation of Taxes -Roll #6083.01 Plan 8911256. Block 1. Lot 3: NE 1/4 12-19-15-W4 Moved by Councillor Vermeeren that, as Roll #6083.01 (Plan 8911256, Block 1, Lot 3; NE 1/4 12-19-15-W4) was assessed twice in 2001, we refund the excess tax collected in 2001. Carried. Left Meetins Councillor Fabian left the meeting at 11:00 a.m. Councillor Baksa declared a pecuniary interest in the next item as she is part owner of the subject property, excused herself from the remainder of the Council meeting and left the Council Chambers at 11:00 a.m. 11. Public Hearing - Pt SW 1-19-14-W4 (including 80 acres more or less) From A -Agricultural District to CR2 -Country Residential District '~ Moved by Councillor Moss that we recess for the Public Hearing at 11:00 a.m. Carried. Council reconvened at 11:24 a.m. .... November 6, 2002 Page 184 12. Bylaw 1410-02 Moved by Councillor Loewen that Bylaw 1410-02, being a bylaw to re-designate a portion of the SW 1-19-14-W4 (including 80 acres more or less) from A -Agricultural District to CR2 -Country Residential 2 District, receive second reading. Moved by Councillor Harbinson that we amend the motion to re-designate the subject property to CR -Country Residential District. Returned to Meetin¢ Councillor Fabian returned to the meeting at 11:40 a.m. Vote on amendment. Carried. Vote on second reading. Carried. Moved by Councillor Loewen that Bylaw 1410-02 receive third and final reading. Moved by Councillor Eckert that we table this motion. Defeated. Moved by Councillor Vermeeren that the motion be amended to re-designate the east portion of the subject property to CR2 -Country Residential 2 District. Vote on amendment. Defeated. Vote on third reading. Carried. Councillor Fabian abstained from voting on second and third readings of, and amendments to, Bylaw 1410-02 as he was not in attendance at the Public Hearing. Left Meeting Councillor Loewen left the meeting at 11:46 a.m. ~ Other Business (cont'd) 3. 2001 Divisional Census The Assistant Administrator presented and circulated 2001 Divisional Census information to Council. w 4. Convention Meetings Update The Administrator updated Council on the meetings scheduled in Edmonton during the AAMD&C Fall Convention. Due to scheduling conflicts, it was the consensus of Council to cancel the meeting with Dr. Oberg. ~-- November 6, 2002 Page 185 Appointment of Jason Beres -Weed Control, Pest Control & Soil Conservation Acts Moved by Councillor Vermeeren that we appoint Jason Beres as Weed Inspector for the County of Newell pursuant to Section 5 of the Weed Control Act, as Inspector for the County of Newell pursuant to Section 9 of the Agricultural Pests Act and as Soil Conservation Officer for the County of Newell pursuant Section 15 of the Soil Conservation Act until termination of his employment. Carried. Lunch Council recessed for lunch from 11:58 a.m. to 1:24 p.m. Returned to Meeting Councillor Loewen returned to the meeting after the lunch recess. 12. Cheques for Payment/Direct Debit Re i~ ster Moved by Councillor Harbinson that Cheques #11739 - #11759, #11761 - #11855, #11856, #11857, #11859 - #11893, #11894 - #11897 and #11898 - #11902, in th amount of $546,470.58, and Direct Debit Register Batch #6294, in the amount of $6,049.87, be approved for payment. Carried. Returned to Meeting Councillor Eckert returned to the meeting after the lunch recess at 1:26 p.m. 13. Post Agenda Items 1. AAMD&C Fall Convention -Dates & Rooms Moved by Councillor Vermeeren that, for the 2001 AANID&C Fall Convention, Councillors be reimbursed for Sunday night hotel rooms with no per diem being paid for Sunday. Carried. 14. Delegation - NRCB NRCB Chairman Dr. Brian Bietz, along with members Andy Cumming and Garbine Lazar, were in attendance to address Council's concerns with regard to the Agricultural Operation Practices Act and implications of decisions made to date. November 6, 2002 Page 186 ,~-- Left Meeting Councillor Fabian left the meeting at 2:20 p.m. Councillor Vermeeren left the meeting at 2:30 p.m. 15. Committee Reports Municipal 1. Closure & Lease -Road Allowance N of NW & NE -35-18-14-W4 East of One Tree Road and West of Bantry Canal Moved by Councillor Moss that we proceed with the closure and lease of that portion of road allowance north of NW & NE 35-18-14-W4 lying east of One Tree Road and West of the Bantry Canal. Moved by Councillor Loewen that we amend this motion to closure and sale. Vote on amendment. Defeated. Vote on original motion. Carried. ,.-- Moved by Councillor Moss that Bylaw 1411-02, being a bylaw for the purpose of closing to public travel and leasing of that portion of road allowance north ofNW & NE 35-18-14-W4 lying east of One Tree Road and West of the Bantry Canal, receive first reading. Carried. 50`~ Anniversary Committee Councillor Harbinson gave this report. ~ .... i Newell Regional Solid Waste Management Authority Ltd. No report. Municipal Planning Commission Interim Planner J. Ramjohn was in attendance for this portion of the meeting. The Administrator gave this report. F November 6, 2002 Page 187 1. 02 NL 024 - NW 24-19-15-W4 -Division 5 Eastern Irrigation District -Institutional Subdivision Moved by Councillor Loewen that we recommend to the Subdivision Approving Authority approval of Subdivision Application 02 NL 024 for an institutional subdivision within NW 24-19- 15-W4, including the triangular piece of land to the west of the proposed area, subject to the following conditions: 1. The applicant consolidating by plan the proposed parcel with the existing County ofNewell road maintenance yard. 2. All oil and gas company leases, rights-of--way and Board Orders being carried forward when the subdivision mylar is registered at Land Titles Office. 3. The applicant meeting all the requirements of the Eastern Irrigation District with respect to the conveyance of water, as well as easements. Carried. Interim Planner J. Ramjohn left the meeting at this time. Post Agenda (cont'd) 2. AAMD&C Fall Convention Resolutions This item will be reviewed following the November 12'x, 2002 ASB meeting. 16. Question Period /Notice of Motion A question period was held. 17. Information Items 1. Mini-bus Report for September 18. Adjourn Moved by Councillor Moss that the meeting adjourn at 3:05 p.m. Carried. ....~G'c ~~~'~ ~ ~. REEVE > . ~~~ d'~ ~ COUNTY ADMINISTRATOR November 6, 2002 Page 188 r County of Newell No. 4 Minutes of Public Hearing November 6, 2002 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Wednesday, November 6, 2002 commencing at 10:30 a.m. Members Present Reeve W. Daniels Councillors V. Fabian C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert A. Pickett C. Baksa Administrator A. Martens Assistant Administrator N. Moriyama Recording Secretary P. Garrett The Reeve opened the Public Hearing at 10:30 a.m. ..-- Applicant Rick Manz was in attendance at this hearing. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1409-02 being a bylaw to amend Land Use Bylaw 1004-90 for the purpose of re-zoning Plan 9612719, Block 16, Lot 1 (within the NW 13-20-13- W4) from PS -Public Open Space District to HR -Hamlet Residential District. The Administrator gave background on this application. .... The Reeve advised those present of the procedures that would be followed for the ~' hearing. The Reeve asked for representation from the applicant on this proposal. Applicant Rick Manz indicated that he did not wish to present any information. The Reeve indicated that this property was formerly Haddington School. He asked Mr. Manz if, when he purchased this building, he had assumed this building could be used as a residence. Mr. Manz indicated that there had been no problem until he tried to sell the property and was told that proper zoning was not in place. 0." The Reeve asked if there was anyone else wishing to speak in favour of the bylaw. There was no one else wishing to speak in favour of the bylaw. Council was given the opportunity to ask questions of the applicant. There were no questions. The Reeve asked if there was anyone wishing to speak in opposition to the bylaw. There was no one else wishing to speak in opposition to the bylaw. There being no further discussion, it was moved by Councillor Harbinson that the Public Hearing adjourn at 10:34 a.m. Carried. 1 C 1 `~ REEV COUNTY ADMIlVISTRA R r County of Newell No. 4 Minutes of Public Hearing -November 6, 2002 A Public Hearing of the County ofNewell No. 4 was held in the County Office at Brooks, AB on Wednesday, November 6, 2002 commencing at 11:00 a.m. Members Present Reeve W. Daniels Councillors C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert A. Pickett Administrator A. Martens Assistant Administrator N. Moriyama Interim Planner J. Ramjohn Recording Secretary P. Garrett The Reeve opened the Public Hearing at 11:00 a.m. .- _ Applicant Randy Baksa, Applicant Cory Baksa and adjacent landowner Sandra Hajash were in attendance at this hearing. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1410-02 being a bylaw to amend Land Use Bylaw 1004-90 for the purpose of re-zoning a portion of the SW 1-19-14-W4 (including 80 acres more or less) from A -Agricultural District to CR2 -Country Residential 2 District. The Administrator gave background on this application. ,~-- The Reeve advised those present ofthe procedures that would be followed for the hearing. The Reeve asked for representation from the applicant on this proposal. Applicant Randy Baksa presented information on this application indicating the following: - the subject area is adjacent to the Sagebrush Estates boundary; - they plan to subdivide this property into 31ots; - 2 of the lots are for his daughters; - 40 acres north of the mobile home park was re-zoned 5 years ago from A - Agricultural District to CR -Country Residential District; - this subdivision would not be taking productive agricultural land out of use; - there are a number ofpipelines in this property, therefore, it is not suitable for major residential development; and - the remaining proposed lot would not be developed at this time. Council was given the opportunity to ask questions of the applicant. Councillor Vermeeren asked if the subject property was irrigated land. Councillor Moss asked for clarification on the azea involved and access to the eastern portion of the property. Reeve Daniels indicated that roads and access would be dealt with at the subdivision stage. Councillor Hazbinson asked why they had requested a change to CR2 if there aze so many pipelines in the property. Councillor Vermeeren asked for further clarification as to the property involved. The Reeve asked if Sagebrush Estates had been subdivided out of the pazcel. Councillor Hazbinson asked to be shown where the pipelines were located. The Reeve asked if there was anyone else wishing to speak in favour of the bylaw. There was no one. The Reeve asked if there was anyone wishing to speak in opposition to the bylaw. There was no one wishing to speak in opposition of the bylaw, however, adjacent landowner Sandra Hajash asked to present her concerns. Ms. Hajash indicated that she had not been sure of what was planned for this area and expressed the following concerns: - that CR2 development should not be permitted along One Tree Road; - building size allowed in CR2 is too lazge for that azea; and - whether or not there would be septic fields for the proposed development or would they be tied into the existing lagoon. J The applicant was given the opportunity for rebuttal. Mr. Baksa presented the following rebuttal: - the reason they wanted CR2 was for the shop size; - there were no plans for any businesses to be run from the proposed shops at this time; and - he would be happy with CR if the shops could be built to the size allowed in a CR2 district. Council was given the opportunity to ask questions of the appellant. Councillor Eckert asked what size the proposed lots were going to be. The Reeve indicated that if this property was changed to CR2, they could request a subdivision for more than three lots. Councillor Vermeeren asked if one parcel could be changed to CR with the other two parcels being changed to CR2. ,-- Councillor Loewen indicated that the One Tree Areas Structure Plan indicated that this area is where residential should be developed. Councillor Harbinson asked if the intention was to tie into the existing water reservoir and sewage lagoon. There being no further discussion, it was moved by Councillor Vetmeeren that the Public Hearing adjourn at 11:24 a.m. Carried. ~~~ i~~~ _ REEVE ~ COUNTY ADMINIST ~--