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HomeMy WebLinkAbout2009-04-09 Council (Regular) MinutesCOUNTY OF NEWELL NO.4 MINUTES OF COUNCIL MEETING April 9, 2009 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, April 9, 2009 commencing at 10:01 a.m. MEMBERS PRESENT: M. Douglass, Reeve COUNCILLORS: W. Daniels I. Schroeder A.M. Philipsen R. Andrews J. Harbinson S. Evans A. Eastman B. de Jong H. Wutzke ,~.. STAFF: K. Stephenson, Chief Administrative Officer L. Johnson, Assistant Administrator D. Horvath, Oldman River Regional Services Commission A. Wickert, Development Control Officer M. Harbicht, Superintendent of Public Works S. Shigehiro, Manager of Finance A. Clapton, Executive Assistant OTHERS IN B. Parker, Brooks Bulletin ATTENDANCE: R. Kiedrowski, Brooks & County Chronicle M. Fitzgerald, Q-13 Fox Radio Lou Scarpino, EnCana Dale Belbin, EnCana Murray Hauck, EnCana Mark DeBlois, KPMG Tony DiGeorgio (Subdivision Extension 2008-0-056) Diana Douglas (Subdivision Extension 2008-0-056) 1. EXCUSED FROM MEETING All members were in attendance at this meeting. Regular Council Minutes April 9, 2009 7. DELEGATIONS a. EnCana Page 2 L. Scarpino gave Council a presentation regarding EnCana's planned activity in Southeastern Alberta in 2009. The organization's planned split into two separate entities has been put on hold until the economy shows signs of stabilization. He explained EnCana's commitment to communities and their policy of treating landowners with respect and courtesy. He indicated that the Brooks area is included in the newly combined business unit (BU) of Medicine Hat and Tyrell, and gave an overview of production in these areas. EnCana is currently assessing the potential of Coal Bed Methane (CBM). He explained that CBM offers another source of fuel from existing wells as the shallow gas is depleted, and CBM is not in direct communication with the groundwater. Council was shown a map of the area showing the wells that were either in place or planned. Councillor R. Andrews inquired about the monitoring of groundwater, and L. Scarpino replied that they use maps from Alberta Environment to determine the location of groundwater and whether testing is required. If there is groundwater within 200m of the well, work on the well cannot proceed. He provided Council with an overview of the well construction process, indicating that there are policies in place for protecting groundwater and water wells. The Energy Resources Conservation Board and Alberta Environment also have regulations that EnCana has to follow regarding the protection of water. Council was given the opportunity to ask questions. Councillor A. Eastman asked how they determined the well densities, and L. Scarpino replied that this figure was based on actual production and it varies with the area. Councillor J. Harbinson asked if landowners with existing wells would be notified if EnCana was going to proceed with CBM production. L. Scarpino explained the notification process, indicating that there was minimal activity involved with CBM production. Reeve M. Douglass noted that the contributions made by EnCana have been very beneficial to the community, and she expressed appreciation for the presentation. LEFT THE MEETING L. Scarpino, D. Belbin, M. Hauck, and M. Harbicht left the meeting at 10:47 a.m. 2. MINUTES C-105/09 MOVED BY COUNCILLOR I. SCHROEDER that the March 19, 2009 Council minutes be adopted as presented. MOTION CARRIED Regular Council Minutes April 9, 2009 3. 4. C-106/09 5. Page 3 CALL FOR POST AGENDA ITEMS The Reeve called for post agenda items. ADOPTION OF AGENDA MOVED BY COUNCILLOR A.M. PHILIPSEN that the agenda be adopted as amended. MOTION CARRIED CHEQUES FOR PAYMENT The Chief Administrative Officer responded to questions from Council. Councillor J. Harbinson noted that the City of Brooks includes the approved cheque register with the Council meeting minutes on their website and asked why the County does not do the same. The Chief Administrative Officer replied that most municipalities include only the amounts in the meeting minutes. A future Workshop meeting will include a discussion on other items to be posted to the web page. C-107/09 MOVED BY COUNCILLOR H. WUTZKE that cheques 164487 to 164589 in the amount of $1,877,858.01, cheques 164590 to 164592 in the amount of $12,813.34, cheques 164593 to 164598 in the amount of $136,080.86, cheques 164599 to 164600 in the amount of $4,618.95, cheques 164601 to 164678 in the amount of $358,884.64, and Direct Debit Batch 14689 in the amount of $34,320.61 be approved. MOTION CARRIED 6. BUSINESS FROM MINUTES There was no business from the minutes to discuss at this meeting. 8. OTHER BUSINESS a. Road Closure & Lease - C.O. Johnson & Sons (Bylaw 1586-06) The Development Control Officer presented Council with information on this item, indicating that Alberta Transportation had not approved the Bylaw due to an unresolved issue between the applicant and EnCana. She also noted that, as per the Municipal Government Act, Bylaw 1586-06 is rescinded due to it not receiving 2"d and 3'd reading within two years of the 1St reading. She requested input from Council and the planner regarding whether or not a new application should be considered. In recent discussions, EnCana, the applicant, and an adjacent landowner seem to be closer to an agreement. The Development Officer indicated on a map the areas that would be excluded if a new application was made. \ titi~~ Regular Council Minutes Page 4 April 9, 2009 D. Horvath suggested that the applicants be given a time frame in which to come forward with an agreement and a new application, noting that an application should not be considered if there is any doubt about an agreement. Councillor R. Andrews indicated that he had spoken to the applicant, whose main interest is to protect that block of land, and they believe they are within days of obtaining an agreement with EnCana regarding access to their infrastructure. Council directed the Development Control Officer to establish a deadline for the applicant to obtain an agreement with EnCana that is also favourable to the adjacent landowner. This item will be discussed further during the In Camera portion of this meeting. 9. PUBLIC HEARINGS a. Bylaw 1654-08 -Road Closure & Cancellation (Christianson) SE '/a 20-16-16-W4 and SW '/a 20-16-16-W4 Reeve M. Douglass called the Public Hearing to order at 11:09 a.m. The County Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1654-08. Bylaw 1654-08 is a bylaw to close a portion of the road in SE '/a 20-16-16-W4 and SW 20-16-16-W4 in order to correct an error in the Land Titles system. The Development Control Officer provided background information on this application, indicating that there had been no objections received in response fo the circulation to adjacent landowners and agencies. Reeve M. Douglass did not review the procedures that would be followed for the hearing as there were no new persons in attendance. There were no persons in attendance speaking either in favour of or in opposition to the proposed bylaw. Council was given the opportunity to ask questions. C-108/09 MOVED BY COUNCILLOR R. ANDREWS that the public hearing adjourn at 11:10 a.m. MOTION CARRIED 10 BYLAWS a. Bylaw 1654-08 -Road Closure & Cancellation (Christianson) SE '/a 20-16-16-W4 and SW '/a 20-16-16-W4 (1St Reading) The Development Control Officer provided background information on this application. Regular Council Minutes Page 5 April 9, 2009 C-109/09 MOVED BY COUNCILLOR A. EASTMAN that Bylaw 1654-08, being a ~ bylaw to close a portion of the road in SE '/a 20-16-16-W4 and SW '/a 20-16- 16-W4 in order to correct an error in the Land Titles system, be given first reading. MOTION CARRIED LEFT THE MEETING A. Wickert left the meeting at 11:12 a.m. ARRIVED AT MEETING M. DeBlois and S. Shigehiro arrived at 11:12 a.m. 7. DELEGATIONS -continued b. KPMG -Presentation of 2008 Year End Financial Statements M. DeBlois presented the 2008 Year End Financial Statements to Council with an overview of what was included in the audit. He gave an explanation of several areas, including the County's financial position, the net financial assets, and reserves that contain funds that will be ~"' applied to projects in the future. He noted that the total revenues compare reasonably to the budget. M. DeBlois summarized the key points and notes in the financial statements. The accounting policies are due to change nexf year, particularly with regards to tangible capital assets (TCA). Capita! assets will need to be recorded at cost and then depreciated over their lifetime. Council was given the opportunity to ask questions. Councillor 1. Schroeder inquired about the TCA project. M. DeBlois replied that the project is on track and, when it is completed, KPMG will be involved in an audit and the changing of accounting policies. Councillor W. Daniels asked about the recovery of operating costs for water and wastewater systems. The Chief Administrative Officer indicated that these are recorded in the User Fees/Sale of Goods line item. LEFT THE MEETING M. DeBlois and S. Shigehiro left the meeting at 11:31 a.m. C-110/09 MOVED BY COUNCILLOR I. SCHROEDER that Council accepts the 2008 Year End Audited Financial Statements for the year ended December 31, r-- 2008 as presented. MOTION CARRIED Regular Council Minutes Page 6 April 9, 2009 ARRIVED AT MEETING A. Wickert arrived at 11:34 a.m. 8. OTHER BUSINESS -continued b. Request to Purchase Municipal Reserve Parcel The Development Control Officer presented background information to Council regarding this item and requested approval from Council fo proceed with the preparation of a bylaw and circulation for a Public Hearing. The Development Control Officer responded to questions from Council. C-111/09 MOVED BY COUNCILLOR J. HARBINSON that the sale of Lot 5, Block 1, Plan 831 1138 - 1.38 hectares of Municipal Reserve Lands located in NW 9-18-14-W4 (Lot 5, Block 1, Plan 831 1138) be approved. MOTION CARRIED c. Brooks Library Board -Funding Request The Assistant Administrator presented Council with a report regarding a funding request made in October 2008 by the Brooks Library Board. He indicated that a similar per capita funding request had been made to the City of Brooks, and that they had approved a reduced per capita amount. Councillor W. Daniels noted that these requests should go Through the Municipal Library Board, which would then forward the request to Council. Council directed the Assistant Administrator to determine whether or not Council directly approved funding for the Brooks Library Board in the past. d. Regional Enhancement Reserve Funding Request -Division 2 (Tilley) Councillor 1. Schroeder presented Council with Regional Enhancement Reserve Funding applications from Division 2. and responded to questions from Council. C-112/09 MOVED BY COUNCILLOR H. WUTZKE that the Regional Enhancement Reserve Funding requests from Division 2 for upgrades to the Tilley Arena ($96,040.00), a campsite for the ball park ($45,000.00), upgrades to the Seniors' Drop-In Centre ($11,000.00), and upgrades to the Community Centre ($65,741.00) be APPROVED in the amount of $217,781.00 with funding through the Regional Enhancement Reserve allocation for Division 2. MOTION CARRIED Regular Council Minutes Page 7 April 9, 2009 e. Siksika Nation -Bassano Dam Pasture i- The Chief Administrative Officer presented Council with a letter from Indian and Northern Affairs Canada. He indicated that this letter had been discussed in 2006, but no decision was made at that time. The Eastern Irrigation District is requesting a response from Council indicating that they have no objections to the transfer of land to the Siksika Nation. The Chief Administrative Officer responded to questions from Council. C-113/09 MOVED BY COUNCILLOR S. EVANS that Council APPROVES the proposed agreement to return the unused portion of the title held by the Eastern Irrigation District for the Bassano Dam back to the Siksika Reserve. MOTION CARRIED f. Seniors' Week 2009 -Request for Proclamation Council was presented with a letter from the Seniors Advisory Council from Alberta requesting that June 1-7, 2009 be proclaimed "Seniors' Week 2009. " C-114/09 MOVED BY COUNCILLOR J. HARBINSON that the County of Newell No. 4 hereby proclaims June 1-7, 2009 as "Seniors' Week 2009." .-- MOTION CARRIED 11. POST AGENDA ITEMS i. National Volunteer Week Council was presented with a letter from Grasslands Regional FCSS requesting that April 19-25, 2009 be proclaimed "Volunteer Week" in the County of Newell No. 4. C-115/09 MOVED BY COUNCILLOR A.M. PHILIPSEN that the County of Newell No. 4 hereby proclaims April 19-25, 2009 as "Volunteer Week." MOTION CARRIED LEFT THE MEETING R. Kiedrowski left the meeting at 12:00 p.m. LUNCH Council RECESSED for lunch at 12:00 p.m. and RECONVENED at 1:01 p.m. ~ ARRIVED AT MEETING T. DiGeorgio and D. Douglas arrived at 1:01 p.m. Regular Council Minutes April 9, 2009 8. OTHER BUSINESS -continued g. Subdivision Extension Request 2008-0-056 - J. Veenstra (Owner/Applicant) (SW 9-18-14-W4) Page 8 D. Horvath provided background information on this item, indicating that the original application had been approved in March 2008 and this was fhe first request for an extension. The Traffic Impact Assessment has been reviewed by Alberta Transportation and they have approved the access road and the required upgrades. D. Horvath responded to questions from Council. T. DiGeorgio indicated that he had not received any of the adjacent landowner circulations until the subdivision had been approved. He expressed his concerns with the number of lots in fhe subdivision, increased traffic, the access road, and safety issues with the canal. D. Horvath provided clarification on the provincial requirements for the adjacent landowner circulations. She noted that they had received a letter from T. DiGeorgio expressing his concerns with the subdivision, and some of the conditions placed on the subdivision approval took into account some of these issues. C-116/09 MOVED BY COUNCILLOR A.M. PHILIPSEN that the request fora 1 year time ~' ~~ extension to subdivision application 2008-0-056 to April 9, 2010 be approved. MOTION CARRIED LEFT THE MEETING T. DiGeorgio and D. Douglas left the meeting at 1:17 p.m. 11. POST AGENDA ITEMS -continued a. Subdivision Extension Request 06 NL 004 - A. & L. Currie (Owner/Applicant) (SW 10-19-14-W4) D. Horvath presented background information on this item, indicating that this would be the second request for an extension. She explained why a second extension was necessary, and indicated that all conditions have been completed for registration with Land Titles. D. Horvath responded to questions from Council. C-117/09 MOVED BY COUNCILLOR W. DANIELS that the request fora 3 month time extension to subdivision application 06 NL 004 to July 9, 2009 be approved. -°~. MOTION CARRIED Regular Council Minutes April 9, 2009 10. BYLAWS -continued ~--- Page 9 b. Bylaw 1662-09 - 09 LUA 002 (SW 3-19-14-W4) Western Canada Oilfield Services Corp. (Owner) B. Blieske, PAL Developments (Applicant) C - CommerciaVUF -Urban Fringe District to I -Industrial District (1St Reading) D. Horvath presented background information on this item to Council, indicating that this would be the first application in the new Intermunicipal Development Plan referral area. D. Horvath responded to questions from Council, noting that she had discussed the issue of architectural controls with the developer. C-118/09 MOVED BY COUNCILLOR I. SCHROEDER that Bylaw 1662-09, being a bylaw to amend Land Use Bylaw 1626-07 by rezoning approximately 32.4 hectares (80.0 acres) of land in SW 3-19-14-W4 from C -Commercial District and OF -Urban Fringe District to I -Industrial District, be given first reading. MOTION CARRIED c. Bylaw 1663-09 - 09 LUA 003 (SW 18-17-12-W4) !"~ 1022739 Alberta Ltd. (Owner~T. & K. Dovichak (Applicant) A -Agricultural District to CR -County Residential District (1St Reading) D. Horvath presented background information on this item to Council. She noted that the access that is planned has more of a curve to it than the one shown on the map. D. Horvath responded to questions from Council. Councillor A.M. Philipsen expressed concerns with this application creating a panhandle, if successful. C-119/09 MOVED BY COUNCILLOR W. DANIELS that Bylaw 1663-09, being a bylaw to amend Land Use Bylaw 1626-07 by rezoning approximately 2.83 hectares (7.0 acres) of land in SW 18-17-12-W4 from A -Agricultural District to CR -Country Residential District, be given first reading. MOTION CARRIED d. Bylaw 1663-09 - 2009 Fire Areas Tax Rates (1 sty 2nd & 3rd Readings) This item was removed from the agenda as the 2009 Fire Areas Tax Rates are included in the 2009 Tax Rates Bylaw. ~7~~ Regular Council Minutes April 9, 2009 e. Bylaw 1664-09 - 2009 Recreation Tax Rates (1St, 2nd, & 3~d Readings) Page 10 This item was removed from the agenda as the 2009 Recreation Tax Rates are included in the 2009 Tax Rates Bylaw. LEFT THE MEETING A. Wickert and D. Horvath left the meeting at 1:44 p.m. e. Bylaw 1664-09 - 2009 Tax Rates (1St Reading) The Assistant Administrator presented background information on this item, indicating that the annual requisition amounts for education and Newell Foundation had not yet been received. Council discussed the possible removal of the paving tax. C-120/09 MOVED BY COUNCILLOR W. DANIELS that the 0.5 mil paving tax be omitted from Bylaw 1664-09, and that Bylaw 1664-09, being a bylaw to authorize the various rates of taxation for various purposes in the year 2009, receive first reading. MOTION DEFEATED C-121/09 MOVED BY COUNCILLOR 1. SCHROEDER that Bylaw 1664-09, being a ~'~ bylaw to authorize the various rates of taxation for various purposes in the ~-= year 2009, receive first reading. MOTION CARRIED 11. POST AGENDA ITEMS -continued b. Palliser Economic Partnership Board Representation Councillor W. Daniels indicated that D. Erdman, former Economic Development/Tourism Coordinator, had been a member of the Palliser Economic Partnership Board. C-122/09 MOVED BY COUNCILLOR W. DANIELS that a letter be sent to the Palliser Economic Partnership notifying them that Doug Erdman is no longer the County of Newell representative on the Palliser Economic Partnership Board, and that Ryan Andrews, a businessman from Bow City, be appointed as his replacement. MOTION CARRIED c. Alberta Regional Economic Development Conference Council was presented with information regarding the Alberta Regional Economic Development Conference. Regular Council Minutes April 9, 2009 Page 11 ~C-123/09 MOVED BY COUNCILLOR W. DANIELS that any Council representative on the Palliser Economic Partnership Board or Economic Development/Tourism Advisory Committee be permitted to attend the Alberta Regional Economic Development Conference in Sherwood Park, AB on May 12-14, 2009 as a function of Council. MOTION CARRIED d. Meeting with Wheatland County Council Council selected April 21St and 23"~ and May ~rh as potential dates for a meeting with Wheatland County. e. Prairie Post Interview Reeve M. Douglass requested topics for an upcoming interview conducted by the Prairie Post newspaper. Council suggested the regional water system as a suitable topic. f. Meeting with Premier E. Stelmach Reeve M. Douglass indicated that she and Deputy Reeve J. Harbinson ~"' had been invited to meet with Premier E. Stelmach on April 18, 2009. She requested that Council a-mail their suggestions for the two questions they are permitted to ask to either herself or the Deputy Reeve. g. Welcome Wagon Reeve M. Douglass reported that she had been approached by Jennifer Trenerry who is initiating a Welcome Wagon service, and she was hoping that the County of Newell could provide a brochure and a welcome letter from the Reeve. Councillor A. M. Philipsen will bring this item to the next meeting of the Economic Development/Tourism Advisory Committee. h. Diabetes Expo Reeve M. Douglass indicated that she had been invited to the Diabetes Expo on April 18th, but is unable to attend. If any Council member is interested in attending, they are directed to see Reeve M. Douglass for the information. ~~'~ Regular Council Minutes Page 12 April 9, 2009 12. QUESTION PERIOD/NOTICE OF MOTION A question period and notice of motion was held. Councillor A. Eastman indicated that he would like to attend the Disaster Forum 2009 in Banff, AB and suggested That others from the Disaster Services Committee may be interested in attending. C-124/09 MOVED BY COUNCILLOR A. EASTMAN that any member of the Disaster Services Committee be permitted to attend Disaster Forum 2009 in Banff, AB on May 11-14, 2009 as a function of Council. MOTION CARRIED 13. INFORMATION ITEMS a. Shortgrass Library System -Board Meeting Minutes (Nov. 19, 2008) Council was presented with the minutes of the Shortgrass Library System Board meeting of November 19, 2008. This item was accepted as information. b. Alberta Utilities Commission -Notice of Application (Southern Alberta Transmission System Reinforcement) Council was presented with a letter from the Alberta Utilities Commission regarding the Southern Alberta Transmission System Reinforcement Needs Identification Document Application. This item was accepted as information. LEFT THE MEETING Councillor S. Evans, M. Fitrgerald, and B. Parker left the meeting at 2:04 p.m. 14. IN CAMERA C-125/09 MOVED BY COUNCILLOR A.M. PHILIPSEN that we move in camera at 2:04 p.m. MOTION CARRIED C-126/09 MOVED BY COUNCILLOR J. HARBINSON that we move out of camera at 3:05 p.m. MOTION CARRIED Regular Council Minutes Page 13 Apri19, 2009 C-127/09 MOVED BY COUNCILLOR A.M. PHILIPSEN that Administration be authorized to execute a first right of refusal agreement with the Eastern ~' Irrigation District for the purchase of the SW1/4- 20-18-14-W4 for the purpose of developing a new administration building and shop facilities. MOTION CARRIED 15. ADJ_ C-128/09 MOVED BY COUNCILLOR B. DE JONG that the meeting adjourn at 3:06 p.m. MOTION CARRIED ve Administrator