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Home My WebLink About2003-01-20 Council (Regular) Minutes.-~ County of Newell No. 4 Minutes of Council Meeting January 20, 2003 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Monday, January 20, 2003 commencing at 10:00 a.m. Members Present 1. Excused from Meetine Reeve Councillors Administrator Assistant Administrator Recording Secretary No members asked to be excused from this meeting. 2. Minutes 1. Council Minutes - January 9, 2003 W. Daniels V. Fabian G. Musgrove C. Vermeeren J. Harbinson E. Moss M. Loewen (10:04 a.m.) A. Eckert A. Pickett (10:06 a.m.) C. Baksa A. Martens N. Moriyama P. Garrett Minutes of the January 9, 2003 meeting were presented. Moved by Councillor Harbinson that we adopt the minutes as presented. Carried. ' 2. Public Hearings -January 9, 2003 (2) Minutes of the January 9, 2003 Public Hearings were presented. Moved by Councillor Fabian that we adopt the minutes as presented. Carried. 3. Call for Post Agenda Items The Reeve called for post agenda items. ,•^ January 20, 2003 Page 8 4. Adoption of Agenda Moved by Councillor Vermeeren that we adopt the agenda as amended. Carried. Arrived at Meeting Councillor Loewen arrived at the meeting at 10:04 a.m. 5. Business from Minutes 1. Bylaw 1414-02 - Pt. SE 28-18-14-W4 - OF to DC Applicant• Bi¢elow Dean -Owner: 985778 Alberta Ltd. -Division 5 This item was not lifted from the table. 2. Allan and Inez Elder -Land Use Issues, Permit Delays and Taxes There was no new information at this time. 3. Lawyer Shantz -Village of Duchess -Ramer Ranches Land Purchase This item was not lifted from the table. Arrived at Meeting Councillor Pickett arrived at the meeting at 10:06 a.m. 4. Genesis Reciprocal Insurance Exchange An overview of the Genesis Reciprocal Insurance Exchange was presented to Council. Moved by Councillor Fabian that we participate in the Genesis Reciprocal Insurance Exchange and sign the required documents. Carved. 6. Correspondence 1. The Drumheller Mail -Advertising for Starland County's 60`h Anniversary A letter from the Drumheller Mail, regarding advertising for Starland County's 60`h Anniversary, was presented to Council. Moved by Councillor Harbinson that we purchase a 1/8th page colour ad for Starland County's 60`h Anniversary. Carried. January 20, 2003 Page 9 ~'"' 2. AAMD&C -Support in Pressuring the Federal Government to Implement an Ongoing Disaster Relief Fund An e-mail from the AAMD&C, requesting a letter ofsupport in pressuring the Federal Government to implement an ongoing disaster relief fund, was presented to Council. Moved by Councillor Vermeeren that a letter be sent to the Hon. Shirley McClellan, Minister of Alberta Agriculture, Food and Rural Development, requesting support in pressuring the Federal Government to implement an ongoing disaster relief fund. Carried. Young Parkyn McNab -Terms of Enga ement A letter from Young Parkyn McNab, summarizing their understanding of the terms of engagement as Auditors for the County ofNewell, was presented to Council. Moved by Councillor Fabian that we sign the terms of engagement letter. Carried. 4. Young Parkyn McNab -Relationships between the County & Young Parkyn McNab A letter from Young Parkyn McNab, regarding the 2002 Annual Audit and any relationships between the County & Young Parkyn McNab, was presented to Council. There were no known relationships that would impact on the 2002 Annual Audit. ~" 7. Other Business 1. Prairie Post - Potentia150`h Anniversary Directory The Administrator reported that the Prairie Post would like to do a 50"' Anniversary Directory for the County. Moved by Councillor Loewen that we support the development of a directory and that it be referred to the 50"' Anniversary Committee for their input. Carried. 2. Supervision of Land -Court of Appeal The Administrator reported on the decision of the Court of Appeal regarding the Supervision of Land in the Rolling Hills area. Post Agenda Items Basic Community Economic Development Training Program The Administrator reported on an upcoming Basic Community Economic Development Training Program. Moved by Councillor Eckert that Councillors Moss, Pickett, Loewen and Harbinson be allowed to attend this program if they so choose. Carried. .-- January 20, 2003 Page 10 Public Hearing - Temporary Moratorium on Farmstead Separations Moved by Councillor Harbinson that we recess for the Public Hearing at 10:30 a.m. Carried. Council reconvened at 11:05 a.m. Interim Planner J. Ramjohn was in attendance for the following two items. 10. Bylaw 1416-02 -Land Use Bylaw Amendments Moved by Councillor Baksa that Bylaw 1416-02, being a bylaw to amend Land Use Bylaw # 1004- 90 as follows receive second reading: Part IV: General Land Use Regulations Add a new Section 48 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 ofNewell 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 V: Land Use Districts and Regulations Add to Section 49: Further to Section 48 of this Bylaw, no subdivision of an agricultural residence shall be approved by the County ofNewell. 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 of this Bylaw and notwithstanding the following regulations of Section 49.6, no subdivision ofan agricultural residence shall be approved by the County ofNewell. Add to Section 50: Further to Section 48 of this Bylaw, no subdivision of an agricultural residence shall be approved by the County ofNewell for the reasons provided therein. Delete from Section 50.1: Dwelling Units (including mobile homes) Add to Section 50.2: Dwelling Units (including mobile homes) Add to Section 50.7 at the forefront: Further to Section 48 of this Bylaw and notwithstanding the following regulations of Section 49.6, no subdivision ofan agricultural residence shall be approved by the County ofNewell for reasons provided therein. January 20, 2003 Page 11 '" Councillor Loewen requested a recorded vote. Moved by Councillor Vermeeren that an amendment be made to this bylaw to add a clause indicating that this bylaw be in effect until September 30, 2003 unless it is rescinded earlier. Vote on amendment. Carried. Vote on motion as amended. 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 Musgrove that Bylaw 1416-02 receive third and final reading. Councillor Loewen requested a recorded vote. 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 J / ~ ~ Carried. ~'~" .... 11. Bylaw 1417-02 -Municipal Development Plan Amendments Moved by Councillor Vermeeren that Bylaw 1417-02, being a bylaw to amend the County of Newell Municipal Development Plan as follows receive second 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 2.5.5 of the Municipal Development Plan) until further notice provided by the County of Newell. January 20, 2003 Page 12 Section 2.0 Add to Section 2.0: Notwithstanding Sections 2.1, 2.2, 2.3, 2.4 and 2.5 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 suitability of the site with respect to all livestock operations in the vicinity of the application. Councillor Loewen requested a recorded vote on this bylaw. Moved by Councillor Vermeeren that an amendment be made to this bylaw to add a clause that this bylaw be in effect until September 30, 2003 unless it is rescinded earlier. Vote on amendment. Carried. Moved by Councillor Baksa that the bylaw be amended deleting "from an unsubdivided quarter section". Moved by Councillor Baksa that we table this motion. Carved. The Interim Planner left the meeting at this time. Post Agenda Items (cont'd) 2. Shortgrass Library Report This report will be given during Committee Reports. 3. Village of Duchess -Lagoon & Landfill Cleanup Councillor Eckert brought forward information on the Village ofDuchess' proposed sewage lagoon enlargement, landfill cleanup and the proposed new firehall. 12. Committee Reports Municipal Councillor Harbinson gave this report. Superintendent of Public Works E. Somerville was in attendance for the following item. Grader Tires The Superintendent of Public Works presented to Council a comparison of regular grader tires versus Trelleborg Tyres. Moved by Councillor Harbinson that ~~~e purchase 2 complete sets of Trelleborg Tyres. Carried. The Superintendent of Public Works left the meeting at this time. January 20, 2003 Page 13 r^ A.S.B. No report. Newell Foundation Councillors Loewen and Moss gave this report. Salary Ne otg iating Committee Councillor Harbinson gave this report. Assessment Review Board The Administrator gave this report. Airport Commission No report. Disaster Services No report. ... . Municipal Library Board No report. G , „) Foothills Little Bow Association ~,~I Councillor Loewen gave this report. Municipal Budget Committee No report. Shorterass Librar,~S, sy tem Councillor Moss gave this report. Moved by Councillor Loewen that Councillor Moss attend the Shortgrass Library System Conference with reimbursement as per our Councillor's Compensation and Expenses Policy. Carried. January 20, 2003 Page 14 Subdivision and Development Appeal Board Councillor Vermeeren gave this report. Workshop Session No report. Brooks & District Ambulance Association Councillor Harbinson gave this report. 9-1-1 Councillor Baksa gave this report. Moved by Councillor Baksa that we donate $4.00 per capita to the 9-1-1 Association in 2003. Left Meeting Councillor Musgrove excused himself from the meeting at 12:08 p.m. Vote on motion. Carried. Returned to Meeting Councillor Musgrove returned to the meeting at 12:09 p.m.. Lunch Council recessed for lunch from 12:10 p.m to 12:55 p.m. 13. In Camera Moved by Councillor Harbinson that we move in camera. Carried. Moved by Councillor Vermeeren that we move out of camera. Carried. January 20, 2003 Page 15 .- 14. Delegation - Jeet Shergill -Lake Newell Resort Development Jeet Shergill was in attendance to discuss the tax recovery proposal presented to him by the County and to renegotiate the terms of the proposed agreement. Committee Reports (cont'd) Newell Regional Solid Waste Management Authority Reeve Daniels gave this report. Urban Fringe Committee No report. Community Impact Study Committee No report. Road Ban Committee No report. Municipal Development Plan Committee No report. ~~/"' Grievance Committee No report. College Advisory Committee No report. Red Deer River Basin Advisory Committee No report. January 20, 2003 Page 16 Bow River Basin Advisory Committee No report. E.C.S.S. Board No report. Palliser Economic Partnership Reeve Danials gave this report. Regional Services No report. 50`h Anniversary Committee No report. Partners in Tourism No report. Interim Planner J. Ramjohn was in attendance for the following items. Bylaw 1417-02 -Municipal Development Plan Amendments (cont'd) Moved by Councillor Vermeeren that the following motion to amend second reading of Bylaw 1417-02 be lifted from the table: "Moved by Councillor Baksa that the bylaw be amended deleting `from an unsubdivided quarter section ". " Carried. Vote on amendment. Defeated. Moved by Councillor Vermeeren that Bylaw 1417-02 be amended by deleting "from an unsubdivided quarter section or subdivision of an undeveloped parcel of land on an unsubdivided quarter section (subject to conditions of Policy 2.5.5 of the Municipal Development Plan) until further notice provided by the County of Newell" and replacing it with "and the subdivision of a single undeveloped parcel of land" and by deleting "approved by the County of Newell until such time as proper criteria is in place for assessing the suitability ofthe site with respect to all livestock operations in the vicinity of the application" and replacing it with "or subdivision of single undeveloped parcels of land in the Agricultural or Urban Fringe Districts". Vote on amendment. Carried. January 20, 2003 Page 17 ~-- Vote on second reading. For Division 1 Reeve Daniels Division 2 Councillor Fabian Division 3 Councillor Musgrove Division 4 Councillor Vermeeren Division 6 Councillor Moss Division 9 Councillor Pickett Division 10 Councillor Baksa Against Division 5 Councillor Harbinson Division 7 Councillor Loewen Division 8 Councillor Eckert Carried. Moved by Councillor Moss that Bylaw 1417-02 receive third and final reading. Councillor Loewen requested a recorded vote. For Division 1 Reeve Daniels Division 2 Councillor Fabian Division 3 Councillor Musgrove Division 4 Councillor Vermeeren Division 6 Councillor Moss ,,.„ Division 9 Councillor Pickett Division 10 Councillor Baksa Against Division 5 Councillor Harbinson Division 7 Councillor Loewen Division 8 Councillor Eckert Carried. Committee Reports (cont'd) ' Municipal Planning Commission Councillor Baksa gave this report. 1. 02 NL 027 - NE 23-17-13-W4 -Division 2 Gray & Companv Holdings Ltd. -Farmstead Separation Moved by Councillor Baksa that we recommend to the Subdivision Approving Authority approval of Subdivision Application 02 NL 027 for a farmstead separation within the NE 23-17-13-W4 subject to the following conditions: 1. The registration of a caveat for the dedication of a 5-metre strip of land along the easterly boundary of the NE 23-17-13-W4 for future road widening to be purchased at a rate that is ,... consistent with County policy at that time. January 20, 2003 Page 18 2. The applicant entering into an agreement with the County of Newell for the construction and/or upgrading of road approaches to the proposed and remnant parcels as required by the Public Works Department. 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 may be 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 endorsement. Carried. Applicant: Kathy & Armand Ramer, Owner: Ramer Ranches Ltd. Pt. SW 28-20-14-W4 -From OF -Urban Fringe to CR -Country Residential Moved by Councillor Baksa that Bylaw 1418-03, being a bylaw to re-designate a portion of the SW 28-20-14-W4 from OF -Urban Fringe District to CR -Country Residential District, receive first reading. Carried. Bylaw for Trail Development There was no further information on this item. The Interim Planner left the meeting at this time. 15. Question Period /Notice of Motion A question period was held. 16. Information Items 1. Safety Minutes In Camera (cont'd) - Mo~~ed by Councillor Harbinson that we move in camera. Carried. .... Moved by Councillor Harbinson that we move out of camera. Carried. January 20, 2003 Page 19 ,., Moved by Councillor Harbinson that we approve the recommendations ofthe Salary Negotiating Committee with regard to non-union employees. Carried. 17. Recess Moved by Councillor Vermeeren that we recess from 3:32 p.m. until 10:00 a.m. January 21, 2003. Carried. Excused from Meeting The Reeve excused himself from the remainder of the meeting. Reconvene In the absence of the Reeve, Deputy Reeve Harbinson assumed the chair and reconvened the meeting at 10:00 a.m. on January 21, 2003. Moved by Councillor Pickett that, due to the number of meetings today, lunch be brought in. Carried. Jeet Shergill -Lake Newell Resort Development (cont'd) The Assistant Administrator reported on a meeting with Jeet Shergill regarding tax recovery and presented a proposal to Council. Moved by Councillor Vermeeren that we enter into an agreement for tax recovery with K300 Financial Corporation (Jeet Shergill) as recommended by ' Administration. Carried. 18. Additional Business Moved by Councillor Loewen that we add a further in camera session to the agenda. Carried Unanimously. Moved by Councillor Baksa that we move in camera. Carried. Moved by Councillor Vermeeren that we move out of camera. Carried. Moved by Councillor Harbinson that we approve the recommendations of Administration with regard to the weed inspectors. Carried. ,~ .... January 20, 2003 Page 20 19. A_ djourn Moved 6y Councillor Fabian that we adjourn at 10:13 a.m. REEVE CC.~~ ~~~_ a_ ADMINISTRATOR o January 20, 2003 Page 21 ~'° ^ County of Newell No. 4 Minutes of Public Hearing January 20, 2003 A Public Hearing of the County of Newell No. 4 was held in the County Office at Brooks, AB on Monday, January 20, 2003 commencing at 10:30 a.m. Members Present Reeve W. Daniels Councillors V. Fabian G. Musgrove C. Vermeeren J. Harbinson E. Moss M. Loewen A. Eckert A. Pickett C. Baksa Administrator A. Martens Assistant Administrator N. Moriyama Interim Planner J. Ramjohn Recording Secretary P. Garrett ~-- The Reeve opened the Public Hearing at 10:30 a.m. Seven members of the public were in attendance. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaws 1416-02 and 1417-02. Bylaw 1416-02 is a Bylaw to amend Land Use Bylaw 1004-90. Bylaw 1417-02 is a Bylaw to amend the Municipal Development Plan. The effect of these bylaws is to place a moratorium on Agricultural Residence Subdivisions and to move dwelling units ' (including mobile homes) from permitted uses to discretionary uses in the Agricultural and Urban Fringe Districts. The Interim Planner gave the background on this application. The Reeve advised those present of the procedures that would be followed for the hearing. The Reeve asked if the applicant wanted to give reasons for requesting these bylaws. ~~^- The Administrator indicated that, as the County of Newell was the applicant, the Interim Planner had already presented the reasons for these bylaws in his background report. The Reeve asked if there was anyone else wishing to speak in favour of the bylaws. There was no one else wishing to speak in favour of the bylaws. The Reeve asked if there was anyone wishing to speak in opposition to the bylaws. Terry Troidl, spoke in opposition to the bylaws. Mr. Troidl indicated that it was wrong to implement these bylaws as there are cases where farmsteads need to be separated. He felt that each case should be reviewed on an individual basis. He also indicated that stopping future development would be wrong. The Reeve asked if any Board members had questions of Mr. Troidl. Councillor Pickett asked for clarification on his name and where he lived. Councillor Loewen asked if he felt that farmstead separations had a negative impact on the farm industry. Mr. Troidl asked if the County had already voted on these bylaws and what way each Councillor voted. The Reeve stated that first reading of the bylaws had already been given and that second and third readings could be given in the meeting after this hearing. The Reeve explained that the County would be holding public meetings in each of its Divisions in an attempt to get public input on proposed changes to the Land Use Bylaw and the Municipal Development Plan. The intent of these bylaws was to hold off agricultural residence subdivisions until such time as these documents have been updated. The Reeve asked Mr. Troidl if he would oppose this approach and indicated that the bylaws should be in place by the end of July. Councillor Vermeeren indicated that this was a process to postpone subdivisions until after the public meetings. Councillor Loewen expressed concern that Councillors seemed to be debating the point. She also indicated that proposed regulations for agricultural residence subdivisions are significantly different in the proposed bylaws. The Reeve asked if there was anyone else wishing to speak in opposition to the bylaws. Doug Sinclair spoke in opposition to the bylaws. He asked why Council wanted to impose the moratorium. The Reeve indicated that the normal procedure for a Public Hearing was for the public to state their views not ask questions but, in this case, he felt that the people in attendance seemed to need more information. He asked the Interim Planner to present more information on this item. Mr. Sinclair indicated that he felt that if a farmstead is being subdivided it is because the farm operation is not viable. The Reeve asked if the Board had any questions for Mr. Sinclair. Councillor Loewen asked Mr. Sinclair if he felt that a residence impacts the surrounding agricultural activities. The Reeve asked if there was anyone else wishing to speak in opposition to the bylaws. Renate Jasperson spoke in opposition to the bylaws. Ms. Jasperson indicated that she was against ~^ a moratorium as there are areas in the County where there is no intensive farming. She felt that the applicant would be able to provide enough information on the area surrounding a proposed subdivision for a decision to be made and that each application should be looked at on a case by case basis. The Reeve asked if the Board Members had any questions. Councillor Musgrove asked if Ms. Jasperson planned on attending any of our public meetings. Council Eckert asked Mr. Sinclair if he would be impacted by the moratorium and if he saw the pending legislation as limiting the economic development of the County. The Reeve asked Ivis. Jasperson her opinion of a subdivision across from an intensive livestock operation. The Reeve asked if there was anyone else wishing to speak in opposition to these bylaws. The Administrator read a letter from Ken Ellingson in opposition to the bylaws and requesting that, ~'` if the bylaws are passed, there be a deadline for the moratorium. Mr. Troidl asked to speak again and the Reeve indicated that hearing procedures do not allow a -- member of the public to speak twice. -- The Reeve asked if the Board had anymore questions. Councillor Musgrove asked Mr. Troidl what question he wanted to ask. Mr. Troidl wanted to know what goal was intended with these bylaws. The Reeve indicated that it was the protection of agriculture. Mr. Troidl indicated that development of the County should be a high priority, not just agriculture. Some land is better suited to acreages than to farming. Councillor Fabian asked Mr. Troidl if he would consider breaking the County into areas where there is a potential for this kind of development. The Reeve indicated that the questions should revolve around the moratorium. Councillor Vermeeren asked if Mr. Troidl knew the difference between farmstead separations and acreage subdivisions Councillor Eckert asked if Mr. Troidl received an answer on the vote on the bylaws. Councillor Loewen asked the public members if they felt that farmstead separations would have an impact on farming. There being no further discussion, it was moved by Councillor Musgrove that the Public Hearing adjourn at 11:03 a.m. Carried. lc REEVE ~;7~~z~---- COUNTY ADMINISTRATOR