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Home My WebLink About2007-05-10 Council (Regular) Minutes~-- COUNTY OF NEWELL N0.4 MINUTES OF COUNCIL MEETING MAY 10, 2007 `~~ - ..,p~~ ~ ~''"~' The regular Council Meeting of the County of Newell No. 4 was held in the ,::~~ ~~- County Office at Brooks, AB on Thursday, May 10, 2007 commencing at ~+ 10:02 a. m . ~` ''°~ •. MEMBERS PRESENT: M. Douglass, Reeve COUNCILLORS: I. Schroeder A. Philipsen C. Vermeeren M. Nesbitt S. Evans A. Eastman A. Eckert H. Wutzke ~-- ABSENT: W. Daniels STAFF: N. Moriyama, County Administrator B. Keith, Assistant Administrator B. Broomfield, Executive Assistant D. Horvath, Planner - ORRSC OTHERS IN R. Brown, Brooks Bulletin ATTENDANCE: 1. EXCUSED FROM MEETIN No members asked to be ex used from the meeting. 2. MINUTES I Minutes - The following changes were ,made to the April 19, 2007 minutes: Page 2, Item 6, 1St line - aft~r the word "that" add wording "some members of ;and 2"d line -add the wording "due to time constraints" at the end of the sentence; Page 8, Item 10 -delete entire paragraph and replace with "Reeve Douglass explained that she had been approached by the Committee for a New Bassano Health Centre requesting Council's support to lob y~r provincial government'; Regular Council Minutes May 10, 2007 Page 2 ~'" Page 8, Motion C-195/07 - 3'~ line -delete "Palliser Health Authority" and insert `Alberta Minister of Health and Wellness; Page 11, Item z, 3`~ line -after `Y~he" delete wording "process of passing of the information" and replace with "road ban process'; and Page 11, Item ff -delete entire paragraph and replace with "Reeve Douglass advised that there was no quorum at the March meeting as well as clarifying how land locations are used in 9-1-1 calls': C-202/07 MOVED BY COUNCILLOR S. EVANS that the April 19, 2007 Council minutes be adopted as amended. MOTION CARRIED Special Council Minutes -April 25. 2007 C-203/07 MOVED BY COUNCILLOR M. NESBITT that the April 25, 2007 Special 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 The following changes were made to the May 10, 2007 agenda: Front page, Correspondence -delete Item 7a and renumber remaining items; Page 2, Item 8e -move to page 3 and add under Item i0 as number 3; and Page 2, Item 9e -delete entirely. C-204/07 MOVED BY COUNCILLOR C. VERMEEREN that we adopt the agenda as amended. MOTION CARRIED 5. CHEQUES FOR PAYMENT C-205/07 MOVED BY COUNCILLOR A. ECKERT that .cheques 158304 to 158484 in the amount of $441,810.70 and Direct Debit Batch 11912 in the amount of $71,915.81 be approved. MOTION CARRIED ~`0 Regular Council Minutes Page 3 May 10, 2007 ''' 6. BUSINESS FROM MINUTES a. Beautification Awards for Rural Yards C-206/07 MOVED BY COUNCILLOR NESBITT that this item be referred to the June 4, 2007 Workshop Session. MOTION CARRIED 7. CORRESPONDENCE a. Bill C-417 -The Canadian Soldiers and Peacekeepers Memorial Wall Act A letter from Inky Mark, MP, Dauphin-Swan River-Marquette, regarding legislation for the creation of a Memorial Wall for Canada's fallen soldiers and peacekeepers, a sample resolution for Council's consideration, and a petition form to collect signatures in support of this legislation was presented to Council. C-207/07 MOVED BY COUNCILLOR C. VERMEEREN that: ~--~ WHEREAS Canada has yet to properly honour, in a suitable location that is always accessible to the public, the NAMES of ALL of OUR FALLEN in wars and peacekeeping; AND WHEREAS over 115,000 Fallen have their graves in seventy- three countries and hundreds of cemeteries; AND WHEREAS their remains, by law, cannot be repatriated to Canada; AND WHEREAS we must create a suitable national shrine to our fallen; AND WHEREAS proper recognition will show our gratitude and respect for their sacrifice; THEREFORE BE IT RESOLVED THAT the Council of the County of Newell No. 4 request that the Government of Canada enact Private Members Bill C-417, the Canadian Soldiers and Peacekeepers Memorial Wall Act. MOTION CARRIED b. County of Newell Economic Development/Tourism Advisory Committee ~- A letter from the Economic Development/Tourism Advisory Committee requesting Council's support in an initiative to have ~--,.' Regular Council Minutes Page 4 May 10, 2007 provincial and federal support for more resources dedicated to research in Brooks was presented to Council. C-208/07 MOVED BY COUNCILLOR A.M. PHILIPSEN that we send the Economic Development/Tourism Advisory Committee a letter of support for their initiative to have provincial and federal support for more resources dedicated to research in Brooks. MOTION CARRIED 10. STAFF DELEGATIONS a. Diane Horvath, Planner - ORRSC Municipal Planning Commission -Items 1. 06 NL 022 - Pt. SE 31-14-14-W4M Wayne & Karen Daniels (Owner) / Wayne Daniels (Applicant) Subdivision of an agricultural quarter section C-209/07 MOVED BY COUNCILLOR I. SCHROEDER that the County grant a six month time extension to subdivision application 06 NL 022 to December 8, 2007. ~ MOTION CARRIED 2. Cassils Area Structure Plan C-210/07 MOVED BY COUNCILLOR C. VERMEEREN that Bylaw 1620-07, being a bylaw to adopt the Cassils Area Structure Plan, receive first reading. C-211/07 MOVED BY COUNCILLOR C. VERMEEREN to table Motion C-210/07. MOTION CARRIED 11. POST AGENDA ITEMS a. Town of Bassano -Land Sale A letter from the Town of Bassano regarding the purchase of 41.80 acres of land from the County of Newell No. 4 by the Town of Bassano was presented to Council. C-212/07 MOVED BY COUNCILLOR S. EVANS that the County of Newell No. ~'" 4 sell 41.80 acres of land in Pt. SW 15-21-18-W4M to the Town of Bassano in the amount of $25,080.00. MOTION CARRIED ~/ ~...~-, Regular Council Minutes May 10, 2007 c. Long Service Pav Policv Page 5 Policy L-6, Long Service Pay policy, was presented to Council for approval. C-213/07 MOVED BY COUNCILLOR I. SCHROEDER that Policy L-6, Long Service Pay policy, be adopted as presented. MOTION CARRIED d. PFRA Agreement C-214/07 MOVED BY COUNCILLOR C. VERMEEREN that the County of Newell No. 4 hereby be authorized to enter into the Contribution Agreement with her Majesty the Queen in the Right of Canada, as represented by the Minister of Agriculture and Agri-Food, for the Canada Alberta Water Supply Expansion program in the amount of a maximum of $60,000.00 and that Noel Moliyama is hereby authorized to sign and execute the Articles of Agreement necessary to give effect to the same on behalf of the County of Newell No. 4, and to affix their Corporate Seal thereto. MOTION CARRIED r^ e. Kinbrook Island Park Road Maintenance Policv C-215/07 MOVED BY COUNCILLOR I. SCHROEDER that Policy PW-7, Kinbrook Island Park Road Maintenance policy, be adopted as presented. C-216/07 MOVED BY COUNCILLOR A. ECKERT that Motion C-215/07 be tabled. MOTION DEFEATED Further discussion on this item was postponed to follow item 10.a.3. Arrived at Meeting G. Kay and D. Bigelow arrived at the meeting at 10:35 a.m. 10. STAFF DELEGATIONS a. Diane Horvath, Planner - ORRSC Municipal Planning Commission -Items o-- 3. 07 LUA 002 - Pt. SW 27-18-14-W4M -Division 10 Dean & Maureen Bigelow (Owner/Applicant)(Approx. 24.92 acres) A -Agricultural District to I -Industrial District ~_._--''~-~ V . Regular Council Minutes Page 6 May 10, 2007 ~'~' A copy of D. Bigelow's submission was presented to Council. G. Kay, lawyer representing D. Bigelow, reviewed the submission, Maps 8.1 and 8.2 from the East Silver Sage Road Area Structure Plan, photos of the area and copies of land title searches, and provided the background history of this application. The presentation included fhe land use applied for and a description of the area of the application. G. Kay summed up his presentation by stating this application should proceed to the public hearing stage. G. Kay and D. Bigelow left the meeting at 11:06 a.m. Arrived at Meeting C. Sewall, N. Salonka and M. Ondrus arrived at the meeting at 11:07a.m. 8. PUBLIC HEARINGS a. 07 LUA 005 - Pt. SE 13-15-14-W4M -Division 1 Mike & Anne Van Dyk (Owner) /Midwest Surveys / GMAC Real Estate (Applicants) (Approx 5 acres) ''~ A -Agricultural District to RUR -Rural Residential District Reeve Douglass called the Public Hearing to order at 1 i:10 a.m. The County Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1611-07. Bylaw 1611- 07 is a bylaw to amend Land Use Bylaw 1443-03 by rezoning a portion of Pt. SE 13-15-14-W4M from the A -Agricultural District to the RUR -Rural Residential District. D. Horvath provided the background information on this application. Two letters were received regarding this application; the first from Alberta Infrastructure and Transportation indicating they have no issues with this application, and the second from an adjacent ratepayer regarding sustainability of agriculture within the County. Reeve Douglass reviewed the procedures that would be followed for the hearing. There were no persons in attendance speaking either in favour or in opposition to the proposed rezoning. f^ Council was given the opportunity to ask questions. There were no questions from Council. Regular Council Minutes Page 7 May 10, 2007 ~`' b. 07 LUA 006 - Pt. SE 29-20-14-W4M -Division 8 Eldon & Doreen Ropp (Owner/Applicant) (Approx 6.5 acres) A -Agricultural District to CR -Country Residential District Reeve Douglass called the Public Hearing to order at 11:13 a.m. The County Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1612-07. Bylaw 1612- 07 is a bylaw to amend Land Use Bylaw 1443-03 by rezoning a portion of Pt. SE 29-20-14-W4M from the A -Agricultural District to the CR -Country Residential District. D. Horvath provided the background information on this application. She noted that current County policy does not allow for the subdivision of a small parcel. A letter from Alberta Infrastructure and Transportation indicated they have no issues with this application. Reeve Douglass did not review the procedures that would be followed for the hearing as there were no additional members of the public in attendance. There were no persons in attendance speaking either in favour or in ,-- opposition to the proposed rezoning. Council was given the opportunity to ask questions. There were no questions from Council. c. 07 LUA 004 - Pt. SE 30-18-14-W4M -Division 5 .2 9 y,~~7 ,u~,, Cliff Sewall (Owner/Applicant) (Approx..39~30-~tcres-~ HWY C -Highway Commercial District to LI -Light Industrial District and A -Agricultural District to CR -Country Residential District Reeve Douglass called the Public Hearing to order at i 1: i5 a.m. The County Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1609-07. Bylaw 1609- 07 is a bylaw to amend Land Use Bylaw 1443-03 by rezoning a portion of Pt. SE 30-18-14-W4M from the HWY C -Highway Commercial District to the LI -Light Industrial District and from the A -Agricultural District to the CR -Country Residential District. D. Horvath provided the background information on this application. One letter was received in response to this application from Alberta Infrastructure and Transportation stating they have no objections to ,,_. this application. `~~~~ Regular Council Minutes May 10, 2007 Page 8 ~" Reeve Douglass did not review the procedures that would be followed for the hearing as there were no additional members of the public in attendance. There were no persons in attendance speaking either in favour or in opposition to the proposed rezoning. Council was given the opportunity to ask questions. There were no questions from Council. d. 07 LUA 007 -Plan 7811334 Block B (Pt. SE 6-19-14-W4M) -Div. 10 Nick and Vionne Salonka (Owner/Applicant) (Approx. 21 acres) A -Agricultural District to CR -Country Residential District Reeve Douglass called the Public Hearing to order at 11:18 a.m. The County Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1613-07. Bylaw 1613- 07 is a bylaw to amend Land Use Bylaw 1443-03 by rezoning a portion of Plan 7811334 Block B (Pt. SE 6-19-14-W4M) from the A - Agricultural District to the CR -Country Residential District. ~-- D. Horvath provided the background information on this application. Several letters from adjacent landowners were received in response to this application noting concerns dealing with stormwater issues. D. Horvath recommended that a stormwater management plan be reviewed. Reeve Douglass did not review the procedures that would be followed for the hearing as there were no additional members of the public in attendance. N. Salonka, speaking in favour of the application, stated he has always planned to further subdivide these lots and in his opinion, the present subdivision will not be aware this proposed subdivision is occurring. He further stated that there is no issue now with stormwater, and thinks that his planning has resulted in a good subdivision. There were several questions from Council. M. Ondrus, speaking in opposition to this application, referred to a letter he forwarded to the County's Development Control Officer regarding septic field design concems in relation to this application, ,,^. and provided the details of his concerns. Councillor Wutzke stated that septic designs are not addressed until the development permit Regular Council Minutes Page 9 May 10, 2007 ~" stage, and D. Horvath explained the process of approving development permits to M. Ondrus. There were several further questions from Council. In closing, M. Ondrus asked if there is a limit on minimum or maximum density within a subdivision. D. Horvath stated that each municipal council sets their own densities and current County policy is a minimum of one lot per 1.2 acres (depending on servicing) and a maximum of one lot per 2.5 acres. There were no further questions or comments. C-217/07 MOVED BY COUNCILLOR C. VERMEEREN that the Public Hearings adjourn at 11:38 a.m. MOTION CARRIED 9. BYLAWS a. Bvlaw 1611-07 - 07 LUA 005 r-- C-218/07 MOVED BY COUNCILLOR C. VERMEEREN that Bylaw 1611-07, to rezone approximately 2.02 hectares (5 acres) of land within Pt. SE 13-15-14-W4M from the A -Agricultural District to the RUR -Rural Residential District, receive second reading. MOTION CARRIED C-219/07 MOVED BY COUNCILLOR A.M. PHILIPSEN that Bylaw 1611-07 receive third and final reading. MOTION CARRIED b. Bylaw 1612-07 - 07 LUA 006 C-220/07 MOVED BY COUNCILLOR I. SCHROEDER that Bylaw 1612-07, to rezone approximately 2.6 hectares (6.5 acres) of land within Pt. 29- 20-14-W4M from the A -Agricultural District to the CR -Country Residential District, receive second reading. MOTION CARRIED C-221/07 MOVED BY COUNCILLOR A. ECKERT that Bylaw 1612-07 receive third and final reading. MOTION CARRIED ~." ~~ Regular Council Minutes Page 10 May 10, 2007 ~' c. Bvlaw 1609-07 - 07 LUA 004 C-222/07 MOVED BY COUNCILLOR M. NESBITT that Bylaw 1609-07, to rezone approximately 52.6 hectares (129.9 acres) of land in Pt. SE 30-18-14-W4M from the HWY C -Highway Commercial District to the LI -Light Industrial District and the A -Agricultural District to the CR -Country Residential District, receive second reading. MOTION CARRIED C-223/07 MOVED BY COUNCILLOR A.M. PHILIPSEN that Bylaw 1609-07 receive third and final reading. MOTION CARRIED d. Bylaw 1613-07 - 07 LUA 007 C-224/07 MOVED BY COUNCILLOR S. EVANS that Bylaw 1613-07, to rezone approximately 8.5 hectares (21.0 acres) of land in Plan 7811334 Block B (Pt. SE 6-19-14-W4M) from the A -Agricultural District to the CR -Country Residential District, receive second reading. MOTION CARRIED '~ C-225/07 MOVED BY COUNCILLOR A. ECKERT that Bylaw 1613-07 receive third and final reading. MOTION CARRIED 10. STAFF DELEGATIONS CON'T a. Diane Horvath, Planner - ORRSC Municiaal Planning Commission -Items 3. 07 LUA 002 - Pt. SW 27-18-14-W4M -Division 10 Dean & Maureen Bigelow (Owner/Applicant)(Approx. 24.92 acres) A -Agricultural District to I -Industrial District C-226/07 MOVED BY COUNCILLOR C. VERMEEREN that Bylaw 1605-07, to amend Land Use Bylaw 1443-03 by rezoning approximately 10.08 hectares (24.92 acres) of land in Pt. SW 27-18-14-W4M from the A -Agricultural District to the I - Industrial District, be given first reading. MOTION CARRIED ~,~ Regular Council Minutes Page 11 May 10, 2007 ~"' 11. POST AGENDA ITEMS CON'T e. Kinbrook Island Park Road Maintenance Policv There was further discussion on this policy. Vote on Motion C-215/07, which reads as follows: C-215/07 MOVED BY COUNCILLOR 1. SCHROEDER that Policy PW-7, Kinbrook Island Park Road Maintenance policy, be adopted as presented. MOTION CARRIED f. Calcium -Spot Calcium Cost-Sharing Program Policv C-227/07 MOVED BY COUNCILLOR A.M. PHILIPSEN that the Calcium - Spot Calcium Cost-Sharing Program policy be adopted as presented. MOTION CARRIED g. Fleury Boswell Subdivision ,~- Council discussed financing for the recommendation from Municipal Committee to accept the Option 1b Intersection Improvement and the Area 3 Paving Program at a cost of $1.45M. Administration advised that there are no government grants available and financing will have to be either by local improvement or from reserve funds. Council decided that more information is needed before any decision is made. This item was referred to the May 24th Council meeting. R. Brown left the meeting at 12:00 p.m. LUNCH Council recessed for lunch from 12:00 p. m. to 1:00 p. m. 11. POST AGENDA ITEMS CON'T h. 2008 Resource Road Program -Old #1 Highway/South Service Road C-228/07 MOVED BY COUNCILLOR A. EASTMAN that Administration apply `^ for the 2008 Resource Road Program grant for the Old #1 Highway Regular Council Minutes May 10, 2007 Page 12 f'"'' from Secondary Highway 873 to Secondary Highway 875 in the amount of $6,876,500.00, and the South Service Road, Twp Road 19-2 from Range Road 15-0 to the City of Brooks, in the amount of $1,665,100.00. MOTION CARRIED i. Bereavement Leave Policy The Assistant Administrator presented and reviewed a proposed Bereavement Leave policy. C-229/07 MOVED BY COUNCILLOR H. WUTZKE that Policy L-7, Bereavement Leave policy, be adopted as presented. MOTION CARRIED 12. QUESTION PERIOD/NOTICE OF MOTION Councillor Eckert requested that he be reimbursed expenses for attending an ASP Session in Rosemary on March 1, 2007. Council were reminded that only those Councillors from the divisions in which the ASP sessions were held would be eligible for reimbursement of expenses. ~- 13. INFORMATION ITEMS Palliser Health Region Board Minutes -April 4, 2007 14. IN CAMERA C-230/07 MOVED BY COUNCILLOR I. SCHROEDER that we move in camera at 1:10 p.m. C--Z3ii~ ~` 7 M ~. ~~~ ~ r CLc*~r~i/..- ~.~'u f~t~ ~~~~t--r~-c=~~~OTION CARRIED C-231/07 MOVED BY COUNCILLOR H. WUTZKE that the road ban f r L e Newell Resort Road from Silver Sage Road to the Resort be lifted and that we allow 100% axle weight and that the truck speed limit be set at 70 kph. MOTION CARRIED C-232/07 MOVED BY COUNCILLOR A. ECKERT that the County of Newell will be 100% responsible for the repaving of the Lake Newell Resort Road from Silver Sage Road to the Resort. MOTION CARRIED Regular Council Minutes May 10, 2007 Page 13 Councillor Evans excused herself from the meeting at 2:20 p.m. r C-233/07 MOVED BY COUNCILLOR H. WUTZKE that we move out of camera at 2:20 p.m. MOTION CARRIED Arrived at Meeting Superintendent of Public Works, S. Wylie, and R. Berkley arrived at the meeting at 2:45 p.m. 11. POST AGENDA ITEMS CON'T b. Rolling Hills Sewage Issue R. Berkley informed Council of his present situation regarding discharge of effluent into the canal. A copy of a letter from Mr. Berkley and his wife was presented to Council. In it, he states his concern with the continued release of the Rolling Hills sewer lagoon into the canal that runs past his acreage. This canal is his sole source of water and he has not been able to draw water from the canal for a year and a half and has to truck in water. He has been informed by the Public Works Waste Water Manager that a good flush of the canal will be carried out next week, and he would like assurance that this process will ensure safe, household water to fill his dugout this spring. He also requested that the County truck in potable water to his property until the canal water is considered useable for household use. S. Wylie presented a copy of a County of Newell Sewage Lagoon Management report to Council. He referred to several Analytical Data Reports attached to the report and pointed out that the results of water tests from the Rolling Hills drainage ditch taken in mid-April are zero for Giardia Cysts and Cryptosporidium Oocysts. After discussion, S. Wyle indicated that proper testing of the water quality will be conducted before and after the canal is flushed. In conclusion, R. Berkley stated he is confident of how the County will handle this situation in the future. R. Berkley left the meeting at 3:07 p.m. ~ ~ Regular Council Minutes May 10, 2007 15. ADJOURN Page 14 C-234/07 MOVED BY COUNCILLOR I. SCHROEDER that the meeting adjourn at 3:10 p.m. MOTION CARRIED ,~_.-. Reeve /L.I /'cam. >' ~-. County Administrator r-