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HomeMy WebLinkAbout2005-04-21 Council (Regular) Minutes°'~' COUNTY OF NEWELL NO.4 MINUTES OF COUNCIL MEETING APRIL 21, 2005 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, April 21, 2005 commencing at 10:00 a.m. MEMBERS PRESENT: M. Douglass, Reeve COUNCILLORS: W. Daniels I. Schroeder A. Philipsen M. Nesbitt S. Evans A. Eastman H. Wutzke STAFF: A. Martens, Administrator ,,--, ABSENT: C. Vermeeren, Councillor A. Eckert, Councillor OTHERS IN ATTENDANCE: R. Switzer, Olympia Engineering Inc. S. Dahl 1. EXCUSED FROM MEETING C-252/05 MOVED BY COUNCILLOR S. EVANS that Councillors Vermeeren and Eckert be excused from this meeting. MOTION CARRIED 2. MINUTES a) Council Minufes -March 14, 2005 C-253/05 MOVED BY COUNCILLOR M. NESBITT that the March 14, 2005 ,,... Council minutes be adopted as amended. ,~ MOTION CARRIED Regular Council Minutes April 21, 2005 Page 2 b) Council Minutes -March 24. 2005 -- C-254/05 MOVED BY COUNCILLOR M. NESBITT that the March 24, 2005 Council minutes be adopted as amended. MOTION CARRIED c) Council Minutes -April 7, 2005 C-255/05 MOVED BY COUNCILLOR A.M. PHILIPSEN that the April 7, 2005 Council minutes be adopted as presented. MOTION CARRIED 3. CALL FOR POST AGENDA ITEMS The Reeve called for post agenda items. 4. ADOPTION OF AGENDA C-256105 MOVED BY COUNCILLOR A. EASTMAN that we adopt the agenda as - amended. MOTION CARRIED 5. BUSINESS FROM MINUTES a) Subdivision & Development Appeal Board Workshop - 2005 Council was informed that this workshop is being held in Brooks at Luigi's Restaurant on June 8th commencing at 9:00 a.m. b) Lake Newell Resort - Sewer Bylaw #1509-05 This item was not lifted from the table. c) 2005 Operating Budget Finance Officer, Susan Shigehiro, was in attendance and arrived at 10:17 a.m. The Finance Officer presented the 2005 operating budget to Council and reviewed the amount to be transferred to the Municipal Surplus Reserve. Regular Council Minutes Page 3 April 21, 2005 ~,'"" :-257/05 MOVED BY COUNCILLOR I. SCHROEDER that the 2005 operating budget for the County of Newell be adopted as presented. MOTION CARRIED The 2005 Operating & Capital Budget is attached to and forms part of these minutes. d) Bylaw #1514-05 - Couniy Tax Rate Bylaw C-258/05 MOVED BY COUNCILLOR W. DANIELS that Motion No. C-234/05 be lifted from the table. MOTION CARRIED C-234105 MOVED BY COUNCILLOR W. DANIELS that Bylaw #1514-05 be amended by increasing the non-residential mill rate by 2 mills. MOTION CARRIED C-259/05 MOVED BY COUNCILLOR W. DANIELS that Bylaw #1514-05 be ' amended to reflect the 2005 requisitions for the Newell Foundation and school requisitions. MOTION CARRIED C-233/05 Vote on second reading of bylaw #1514-05 as amended. MOTION CARRIED C-260/05 MOVED BY COUNCILLOR A. EASTMAN that Bylaw #1514-05 receive 3rd and final reading. MOTION CARRIED Administration circulated a proposed list ofnon-residential roll numbers to Council for which it would be fair and equitable to cancel a portion of 2005 taxes equivalent to two mills. C-261/05 MOVED BY COUNCILLOR M. NESBITT that 2005 taxes equalling two mills be cancelled for all roll numbers presented, as it is considered fair and equitable to do so and that this cancellation of taxes take effect on May 2, 2005. MOTION CARRIED ,.- The list of roll numbers to receive this cancellation is attached to and forms part of these minutes. Regular Council Minutes Page 4 April 21, 2005 Finance Officer, Susan Shigehiro, left the meeting at 10:45 a.m. 8. CORRESPONDENCE a) Eastern Irrigation District -Patricia Cemetery A letter from the Eastern Irrigation District asking whether the County would be willing to operate an existing registered but non-certified cemetery near Patricia, which is located on Eastern Irrigation District land that they would be willing to donate to the County, was presented to Council. The letter also enclosed a copy of a letter from Frances Tobler to the Eastern Irrigation District asking if they would consider allowing new burials at the cemetery. A report by the Assistant Administrator on the process to achieve certification for this cemetery was also circulated to Council. C-262/05 MOVED BY COUNCILLOR W. DANIELS that the County not make an application to operate this cemetery as a municipal cemetery and that the County support an application by a group or organization from the Patricia area to operate the Patricia Cemetery and further that the subdivision fees for any required subdivisions needed to obtain certification for this cemetery be waived. MOTION CARRIED 6. PUBLIC HEARINGS County Planner, Tammy Henry; Ron Switzer, Olympia Engineering Inc. and Shawn Dahl were in attendance and arrived at 11:05 a.m. a) #05 LUA 005 - NW 27-21-19-W4 A - Aggricu/tural District to RUR -Rural Residential District Reeve Douglass called the Public Hearing to order at 11:06 a.m. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw #1506-05, being a bylaw to amend Land Use Bylaw #1443-03 to re-designate a portion of the NW 27-21-19-W4 from A -Agricultural District to RUR -Rural Residential District. The County Planner gave the background on this application. Regular Council Minutes Page 5 April 21, 2005 ~,.-.. Reeve Douglass reviewed the procedures that would be followed for the hearing. No members of the public were in attendance to discuss this application. Councillor M. Nesbitt asked the Planner if there were any letters received in regard to this public hearing. The Planner responded that no letters were received for this public hearing. Reeve Douglass declared the public hearing adjourned at 11:07 a.m. b) #05 ASP 001- Pt. SE 31-20-14-W4 Plan 8710064, Block 1, Lot 3 Adoption of Dahl Estates Area Structure Plan Reeve Douglass called the Public Hearing to order at 11:08 a.m. The Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw #1510-05, being a bylaw to adopt the ~.., Dahl Area Structure Plan. The County Planner gave the background on this application. Reeve Douglass did not review the procedures that would be followed for this hearing as no additional members of the public were in attendance for this hearing. Council was given the opportunity to ask questions of the County Planner. Councillor M. Nesbitt asked the Planner how the Eastern Irrigation District's note that property owners would not be compensated for damages that occur when they repair broken water lines, if any, is managed. The Planner noted that an easement would be registered against the titles. Councillor M. Nesbitt also expressed concern that the County would be approached any time a water break occurred. The applicant, Shawn Dahl, and his consultant, Ron Switzer of Olympia Engineering Inc., were given an opportunity to present their case. They noted that they had nothing further to add to the Planner's summary. Councillor W. Daniels asked whether or not an agreement was entered into for the pipeline on the subject property when the pipeline was installed. The applicant noted that it was registered as an easement r'" against the title. Regular Council Minutes Page 6 April 21, 2005 Councillor W. Daniels noted that generally the landowner is compensated when a pipeline is installed on the landowner's property. The applicant replied that he was not compensated by the Eastern Irrigation District for the pipeline but that they did sell dirt to the Eastern Irrigation District. Councillor H. Wutzke noted that the Eastern Irrigation District placed a pipeline through his property and he was neither compensated nor was an easement registered against his title. Two letters, one from the Eastern Irrigation District and one from Wendy Martin, were circulated with the public hearing package. C-263/05 MOVED BY COUNCILLOR H. WUTZKE that the Public Hearing adjourn at 11:20 a.m. MOTION CARRIED 7. BYLAWS a) Bylaw #1506-05 - #05 LUA 005 C-264/05 MOVED BY COUNCILLOR M. NESBITT that ylaw #1506-05, being a bylaw to amend Land Use Bylaw #1443-03 to e-designate a portion of _ the NW 27-21-19-W4 from A -Agricultural District to RUR -Rural Residential District, receive second reading. MOTION CARRIED C-265/05 MOVED BY COUNCILLOR A. EASTMAN that Bylaw #1506-05, receive third and final reading. MOTION CARRIED b) Bylaw #1510-05 - #05 ASP 001 C-266/05 MOVED BY COUNCILLOR I. SCHROEDER that Bylaw #1510-05, being a bylaw to adopt the Dahl Area Structure Plan, receive second reading. MOTION CARRIED C-267/05 MOVED BY COUNCILLOR H. WUTZKE that Bylaw #1510-05, receive third and final reading. MOTION CARRIED Tammy Henry, Shawn Dahl and Ron Switzer left the meeting at -- 11:23 a.m. Regular Council Minutes April 21, 2005 .~"_ 8. Page 7 CORRESPONDENCE CON'T b) Bassano Area Resource Recovery Association - Request for Fundin_g A letter from the Bassano Area Resource Recovery Association requesting a $3, 500 donation for 2005 was presented to Council. C-268/05 MOVED BY COUNCILLOR A.M. PHILIPSEN that the County donate $2,625 to the Bassano Area Resource Recovery Association in 2005 and that a letter be sent to the Association noting this donation and Council's previous decision to eliminate this funding over a four year period which commenced in 2004. MOTION CARRIED .-- c) NRCB - Hutterian Brethren of Newell - ConFned Feedin_g Operation Aaplication Agricultural Fieldman, Steve Wylie, Superintendent of Public Works, Rick Baine and Development Control Officer, Patty Urban, arrived at the meeting at 11:30 a.m. The Development Control Officer presented information on this item and on the data that the NRCB is requesting. C-269/05 MOVED BY COUNCILLOR M. NESBITT that we respond to the NRCB with the data as presented by the Development Control Officer's Report dated April 14, 2005. MOTION CARRIED Steve Wylie, Rick Baine and Patty Urban left the meeting at 11:36 a.m. d) Alcoma School -Request for Public Reserve Trust Fund Monev to Construct a P/av_ground A letter from the Alcoma School requesting $44, 941.55 from the Public ~.., Reserve Trust Fund for the purchase and installation of playground equipment was presented to Council. Regular Council Minutes April 21, 2005 Page 8 C-270/05 MOVED BY COUNCILLOR H. WUTZKE that the County contribute $44,941.55 from the Public Reserve Trust Fund to the Alcoma School for the purchase and installation of playground equipment subject the following: • all invoices being submitted to the County for payment; • any grant funds received by the Alcoma School for the purchase and installation of the playground equipment being deducted from the amount of the contribution by the County; and • the Alcoma School performing all maintenance on the playground equipment. MOTION CARRIED 11. OTHER BUSINESS `J~~ ~. M . a) Changes to Planning 8 Devye~pfinent Fee Schedule - IMDP Planner, Tammy Henry, was in attendance at the meeting and arrived at 11:47 a.m. The Planner presented a proposal to amend the Planning & Development Fee Schedule. C-271/OS MOVED BY COUNCILLOR M. NESBITT that the Planning & Development Fee Schedule be amended as follows: • adding a $25.00 fee for a copy of the Intermunicipal Development Plan; • deleting the black and white copy of the Land Use Bylaw; • adding a CD including both the Land Use Bylaw and the Municipal Development Plan at a fee of $20.00, and • amending all Area Structure Plan amendment fees to $700.00. MOTION CARRIED Tammy Henry left the meeting at 11:57 a.m. ~°_ b) 2005 Water & Sewer Levies The water and sewer levies for 2005 were presented to Council. Regular Council Minutes Page 9 April 21, 2005 C-272105 MOVED BY COUNCILLOR W. DANIELS that the following 2005 Water & Sewer Operating Levies be adopted: Rolling Hills: Water - $97.50/lot Sewer - $97.50/lot Patricia: Water/Sewer Water/Sewer Vacant - $1.39/front foot Occupied - $415.50/lot Scandia: Water - $554.00/lot Sewer - $83.00/lot Rainier: Water - Residents $742.00/lot - Grasslands $13,360.00 Lake Newell Resort: Sewer: $25.67/lot MOTION CARRIED LUNCH Council recessed for lunch from 12:04 p.m. to 1:02 p.m. ~.-. 13. POST AGENDA ITEMS a) McHAPPY DAY A letter from McDonalds's Restaurant in Brooks in regard to McHAPPY DAY to be held on May 18t~' was presented to Council. C-273/05 MOVED BY COUNCILLOR A.M. PHILIPSEN that this letter be accepted as information and that any Councillors wishing to participate do so on their own behalf. MOTION CARRIED b) Alternate Land Use Service (ALUS) Steve Wylie was in attendance at the meeting and arrived at 1:14 p.m. • ALUS wishes to promote a pilot project in the Eastern Irrigation District/County of Newell • the program includes landowners setting aside ecological areas of their land with the landowner receiving mostly public funds on an annual basis for setting the land aside ~. 1, this program is to act as an incentive program rather than a regulatory program • landowners would volunteer to participate in the program Regular Council Minutes Page 10 April 21, 2005 • ALUS is looking for a local group to head up this pilot project in our area • the Federal government may fund a portion of the payment to a landowner for improvements if the improvements are part of that landowners environmental farm plan C-274/05 MOVED BY COUNCILLOR I. SCHROEDER that the County support the Eastern Irrigation District in their decision whether or not to participate in an ALUS pilot project in our area. MOTION CARRIED Steve Wylie left the meeting at 1:38 p.m. 14. COMMITTEE REPORTS a) A.S.B. No report b) Municipal No report c) Municipal Planning Commission 1. Old Items There were no old items to review. 2. New Items There were no new items to review. d) Workshop Session 1. Bylaw 1521-05 -Fire Bylaw C-275/05 MOVED BY COUNCILLOR W. DANIELS that Bylaw #1521-05, being a __ fire bylaw for the County of Newell No. 4, receive first reading. MOTION CARRIED Regular Council Minutes April 21, 2005 ~,'"'_ C-276/05 Page 11 MOVED BY COUNCILLOR H. WUTZKE that Bylaw #1521-05 receive second reading. MOTION CARRIED C-277/05 MOVED BY COUNCILLOR M. NESBITT that consent be given to proceed with third and final reading of Bylaw #1521-05. CARRIED UNANIMOUSLY C-278/05 MOVED BY COUNCILLOR W. DANIELS that Bylaw #1521-05 receive third and final reading. MOTION CARRIED 2. Roadwork Proposal Superintendent of Public Works, Rick Baine, was in attendance and arrived at 1:43 p.m. A 5-year roadwork proposal was presented to Council. Although it was noted that the proposal could be amended, it was agreed that it would be presented to the Hon. Lyle Oberg, Minister of Infrastructure and Transportation at a meeting to be held on Friday, May Ern Rick Baine left the meeting at 2:15 p.m. e) Agriculture Pest Act/Weed Control Act Appeal Committee No report fl Airport Commission No report g) Assessment Review Board No report Regular Council Minutes Page 12 April 21, 2005 h) Bow River Basin Council Councillor M. Nesbitt discussed the possibility of the County and the Town joining together to purchase a table of eight for the upcoming Icebreaker Gala. It was believed that between the County and the Town, that eight seats may have already been purchased. Councillor M. Nesbitt will look into seeing if the individual purchases can be put together as one table. i) Brooks 8~ District Ambulance Association Reeve M. Douglass noted that the next meeting will be held on Thursday April 28th. j) College Advisory Committee No report k) Crime Stoppers Board No report 1) Disaster Services No report m) Economic Development Committee No report n) EID/Legion Scholarship Committee No report o) Environmental Protection Committee No report Regular Council Minutes April 21, 2005 p) Foothills Little Bow Association No report q) Grasslands Regional F.C.S.S. Page 13 Councillor H. Wutzke reported that F. C. S. S held strategic planning sessions on April 9t" and April 18t". r) Grievance Committee No report s) Luscar Ad Hoc Committee Councillor M. Nesbitt reported that Luscar is now meeting with Antelope Creek stakeholders and that Luscar representatives made a trip to the United States to review stack options. t) Members-at-Large Ad Hoc Committee As this was an adhoc committee, this report will be removed from the list of reports. u) Municipal Budget Committee No report v) Municipal Library Board No report w) Newell Foundation Councillor S. Evans reported that the Newell Foundation's new Manager will commence employment on May 1St that the Town of Brooks refused a request to place sidewalks in front of the Newbrook ~'" Lodge and that Councillor H. Wutzke and herself attended a Southern Alberta Seniors Lodge Association meeting in Lethbridge on April 20t". Regular Council Minutes April 21, 2005 Page 14 x) Newell Regional Solid Waste Management Authority Councillor H. Wutzke suggested that the Authority look at extending the landfill operating hours on Saturdays to 9:00 a.m. - 5:00 p.m. during the summer season. Councillor W. Daniels noted that extended hours were tried in the past and that usage during these extended hours w~slpw. ~,~,,~ 1vJ fi~.w~„~ V~~r Councillor M. Nesbitt asked whether the Authority could discuss~+ recycling. Councillor W. Daniels noted that the Authority agreement does make the Authority responsible for recycling. Councillor W. Daniels noted that the cost to operate the landfill is $35/capita and the requisition is currently set at $24/capita with the balance funded from Authority reserves. y) Palliser Economic Partnership C-279/05 MOVED BY COUNCILLOR W. DANIELS that Council members be allowed to attend the PEP Annual General Meeting to be held at the Bassano Community Hall on April 22, 2005 as a function of Council. __ MOTION CARRIED Councillor W. Daniels discussed the study done by MNP on behalf of PEP. z) RCMP Committee No report aa) Red Deer River Basin Watershed Alliance Committee Councillor A. Eastman reported that the Committee is now looking at setting up working committees requiring the possibility of weekly meetings. He noted that the County is certainly interested but cannot commit to weekly meetings. Councillor A. Eastman also noted that the Committee is looking for financial support from its members. bb) Regional Services No report l Regular Council Minutes April 21, 2005 cc) Road Ban Committee Page 15 Councillor W. Daniels informed Council that he contacted the Superintendent of Public Works in regard to a road problem on the Timko Road and that the problem was alleviated by having the haulers use an alternate route. dd) Route 36 Development Safety Association It was noted that the intersection at the TransCanada Highway and Highway 36 will be widened and that there was an accident at this intersection on April 20th. ee) Salary Negotiating Committee No report ff) Shortgrass Library Board No report gg) Subdivision and Development Appeal Board No report hh) Tourism Committee No report ii) Urban Fringe Committee No report jj) 9-1-1 ~'" No report Regular Council Minutes April 21, 2005 kk) 2005 Awards Night Ad Hoc Committee Page 16 Councillor A.M. Philipsen noted that a request was made for the dates that Ms. Douglass served on the Municipal Library Board and the County F. C. S. S. Board. Administration will provide this information. 15. QUESTION PERIOD/NOTICE OF MOTION Councillor M. Nesbitt asked who needs to be contacted to obtain a permit to exceed the road ban weights to have gravel hauled to the playground at the Lake Newell Resort. Administration noted that the Superintendent of Public Works could be contacted. Councillor A. Eastman informed Council of a concern he received as a result of the County doing some grading work in Rosemary and the impact of taking work away from local contactors. 16. INFORMATION ITEMS a) Safety Committee Minutes b) Mini-Bus Report -March c) Rural Transportation Grant Committee Councillor Daniels reported on his recent Rural Transportation Grant Committee meeting. The current total grant amount is $33,000,000. He noted that the Committee does not favor a redistribution of these funds and that the Province uses this grant formula to distribute other funds. A contractor has been hired to value the infrastructure in rural Alberta with the hopes thaf the Province will use this valuation to distribute infrastructure funds. He noted that some participants wanted mill rates included in the formula and that grants per capita are the easiest and quickest to manage. Regular Council Minutes April 21, 2005 17. IN CAMERA Page 17 C-280105 MOVED BY COUNCILLOR W. DANIELS that we move in camera at 3:15 p.m. MOTION CARRIED Agricultural Service Board Fieldman, Steve Wylie, was in attendance and arrived at the meeting at 3:15 p.m. Steve Wylie left the meeting at 3:45 p.m. Administrator, Alan Martens left the meeting at 3:55 p.m. Alan Martens returned to the meeting at 4:11 p.m. C-281105 MOVED BY COUNCILLOR A. EASTMAN that we move out of camera at 4:12 p.m. MOTION CARRIED ,---C-282105 MOVED BY COUNCILLOR M. NESBITT that the 2005 salary for the Administrator be approved as presented. MOTION CARRIED 18. ADJOURN C-283105 MOVED BY COUNCILLOR A. EASTMAN that the meeting adjourn at 4:15 p.m. MOTION CARRIED REEVE COUNTY ADMINISTRATOR 2005 NON-RESIDENTIAL TAX CANCELLATION ROLL NUMBERS ~„_ . ROLL # ROLL # ROLL # ROLL # ROLL # ROLL # 40100 449801 460410 461620 598604 1044800 113300 449900 460411 461621 598700 1045200 113500 450000 460413 461622 598701 1045300 157900 450200 460414 461701 599300 1063400 162601 450202 460415 462005 600202 1110700 171002 450301 460504 462006 600203 1111100 210002 450501 460505 462007 600206 1117000 231200 450502 460506 463000 601500 1125500 243900 451000 460507 463601 601901 1126800 246002 451201 460508 467201 601922 1128200 250200 452401 460509 467202 603701 1129800 250809 454901 460510 467300 605002 1130200 267800 457000 460516 467400 608210 1136300 277200 457501 460517 467401 608300 1138500 286901 457801 460518 467501 608302 1145000 296800 457805 460519 467704 608303 1148000 321601 457806 460520 467705 608304 1156200 344600 457807 460521 467706 608305 1156300 345002 457902 460523 467707 608307 1156400 349302 458000 460524 467708 608308 1156500 362900 458006 460525 467712 608309 1156600 373000 458101 460526 467801 608310 1156800 375100 458102 460601 468300 608311 1156900 387300 459601 460604 473403 608701 1157000 389701 459602 460605 476701 613902 1157100 395201 459903 460801 477000 635600 1157300 413701 460000 460802 479804 719500 1157600 418601 460001 461100 480205 730000 1157700 432501 460100 461102 481001 733401 1158600 433700 460101 461103 482000 782601 1159900 435310 460102 461300 485205 801100 1160000 437901 460103 461403 488500 805901 1160100 438111 460104 461404 488800 879100 1160200 438702 460105 461405 495501 879302 1160300 442600 460106 461601 495703 879500 1160400 443900 460107 461602 496100 944902 1160500 444402 460108 461603 499201 951000 1180000 444403 460109 461604 523201 951100 1180400 444404 460110 461605 523801 1001600 1181300 444405 460111 461609 564400 1002500 1201100 444406 460112 461610 564401 1019101 1201700 444500 460114 461611 567401 1032701 1201900 445600 460115 461612 584500 1032910 1202100 446200 460402 461613 593600 1033600 1202200 446900 460403 461614 594202 1035405 7001702 447100 460404 461615 595902 1035700 7003800 447300 460405 461616 596500 1038400 447900 460406 461617 597600 1038401 448001 460407 461618 598601 1039800 TOTAL 449200 460408 461619 598603 1039900 296