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HomeMy WebLinkAbout2009-10-08 Council (Regular) MinutesCOUNTY OF NEWELL NO. 4 MINUTES OF COUNCIL MEETING October 8, 2009 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, October 8, 2009 commencing at 10:03 a.m. MEMBERS PRESENT: 1. EXCUSED FROM MEETING M. Douglass, Reeve COUNCILLORS: W. Daniels I. Schroeder A.M. Philipsen J. Harbinson S. Evans A. Eastman B. de Jong H. Wutzke ABSENT: R. Andrews STAFF: K. Stephenson, Chief Administrative Officer L. Johnson, Assistant Administrator D. Horvath, Oldman River Regional Services Commission A. Wickert, Development Control Officer R. Fernell, Database Administrator A. Clapton, Executive Assistant OTHERS IN B. Parker, Brooks Bulletin ATTENDANCE: R. Kiedrowski, Brooks County Chronicle M. Fitzgerald, Q -13 Fox Radio Amy Purvis, Lakeside Leisure Centre Russ Tanner, Lakeside Leisure Centre Rod Ruark, Southern Alberta Energy- from -Waste Alliance Dave Schneider, Vulcan County Kevin Swanson, Superkids Program S. Sgt. John Haley, Superkids Program Gordon Gallup, DP #3404 Mark Gallup, DP #3404 Rebecca Gallup, DP #3404 Tammie Parker, DP #3404 Tom Parker, DP #3404 Evelyn Torsius, DP #3404 MOVED BY COUNCILLOR H. WUTZKE that Councillor R. Andrews and Councillor J. Harbinson be excused from the meeting. MOTION CARRIED Regular Council Minutes Page 2 October 8, 2009 C- 333/09 C- 334/09 2. MINUTES C- 332/09 MOVED BY COUNCILLOR A.M. PHILIPSEN that the September 24, 2009 Council minutes be adopted as presented. 3. CALL FOR POST AGENDA ITEMS The Reeve called for post agenda items. 4. ADOPTION OF AGENDA 5. CHEQUES FOR PAYMENT The Assistant Administrator responded to questions from Council. 6. BUSINESS FROM MINUTES ARRIVED AT MEETING A. Wickert arrived at 10:10 a.m. 7. DELEGATIONS a. Lakeside Leisure Center Re: 2010 Southern Alberta Summer Games MOTION CARRIED MOVED BY COUNCILLOR I. SCHROEDER that the agenda be adopted as amended. MOTION CARRIED MOVED BY COUNCILLOR A. EASTMAN that cheques 165880 to 165884 in the amount of $97,902.79, cheques 165885 to 165959 in the amount of $3,691,354.83, and Direct Debit Batch 15594 in the amount of $88,289.17 be approved. MOTION CARRIED a. City of Brooks /County of Newell Joint Council Meeting The joint meeting between the councils of the City of Brooks and the County of Newell No. 4 will be held on November 26th, 2009 starting at 5:30 p.m. R. Tanner presented Council with information regarding the 2010 Southern Alberta Summer Games, which will be held in the City of Brooks and within the County of Newell. This event was last hosted in Regular Council Minutes Page 3 October 8, 2009 LEFT THE MEETING the County of Newell in 1979 and the City of Brooks has won the bid to host in 2010 as part of their centennial celebration. A. Purvis drew attention to the economic benefits that the games will bring to the County, as a great number of participants will be brought in. There will be many opportunities to showcase the County's attractions, facilities, and culture. She emphasized the importance of partnerships, indicating that they hope to have involvement from the County, the Southern Alberta Recreation Association, and various other regional volunteer and sport groups. Council was presented with an overview of the executive organizational structure, which include a volunteer games chairperson to oversee the games and a paid games coordinator position. A. Purvis presented the proposed budget for the project, indicating that the City of Brooks has committed to providing the funding required from municipal governments. She presented a list of the core and optional sporting events that are being considered for the games, which will be held July 7 -10, 2010. Council was given the opportunity to ask questions. Councillor B. de Jong inquired about the funding commitment required from municipal government. R. Tanner replied that they will be approaching other municipalities for funding contributions in order to reach the total amount required from municipal government and reduce the amount that the City of Brooks will have to contribute. He noted that the events would be held in a central location provided the facilities exist, but certain events will need to be held in the County. R. Tanner responded to further questions from Council. A. Purvis and R. Tanner left the meeting at 10:29 a.m. b. Southern Alberta Energy from Waste Alliance D. Schneider presented Council with a history of the project in Vulcan County. Those involved began investigating waste to energy when a conventional landfill project was determined to not be economically feasible. R. Ruark indicated that the Southern Alberta Energy from Waste Alliance (SAEWA) had been formed with members of various waste authorities in the area. The group is committed to researching methods, determining the viability of these methods, and seeking partnerships. They are currently seeking more members and working to promote the idea of creating energy to waste to the provincial government. He invited the County of Newell to become a member, indicating that there would be no cost involved. Regular Council Minutes October 8, 2009 LEFT THE MEETING Page 4 Council was given the opportunity to ask questions. R. Ruark gave an overview of what was covered at the two meetings per month. The goal of SAEWA is to develop a position paper showing waste to energy as a viable alternative to landfills. This paper would be presented to the provincial government and participation in SAEWA does not imply agreement to contribute funding to a project following the release of this paper. R. Ruark responded to questions from Council. R. Ruark and D. Schneider left the meeting at 10:54 a.m. 8. OTHER BUSINESS b. Letter from ORRSC Re: New Fees Implemented for Subdivision Extension Recirculation Council was presented with a letter from ORRSC which outlined new fees that have been implemented to cover the cost of subdivision extension approval and subdivision recirculation. The Assistant Administrator indicated that the County of Newell also charges a fee for subdivision extension, and that this fee would be changed in order to reflect the new fees. This item was accepted as information. c. Oldtimers' Hockey Challenge in Support of the Brooks Animal Protection Society Re: Advertising 10. BYLAWS Council was presented with a letter from the Oldtimers' Hockey Challenge in support of BAPS with the option to purchase advertising in the commemorative program. This item was accepted as information. c. Bylaw 1679 -09 Amendment to Bylaw 1407 -02 (Meeting Procedures) (2 Reading) The Assistant Administrator provided background information on this item to Council and responded to questions from Council. C- 335/09 MOVED BY COUNCILLOR I. SCHROEDER that Bylaw 1679 -09, being a bylaw to amend Bylaw 1407 -02 (Meeting Procedures) by removing article 7.3.8 "Election of Chairman for the Municipal Committee and Agricultural Service Board," be given SECOND reading. MOTION CARRIED Regular Council Minutes Page 5 October 8, 2009 O C- 336/09 MOVED BY COUNCILLOR A.M. PHILIPSEN that we move into Public Hearings at 11:06 a.m. MOTION CARRIED 9. PUBLIC HEARINGS a. Bylaw 1676 -09 09 LUA 009 Ptn. of NW 1/4 12- 20 -15 -W4 R. T. Trembecki (Owner /Applicant) A Agricultural District to CR Country Residential District Reeve M. Douglass called the Public Hearing to order at 11:06 a.m. The Assistant Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1676 -09. The intent of this bylaw is to amend Land Use Bylaw 1626 -07 by rezoning approximately 3.36 acres (1.36 hectares) in NW '/a 12- 20 -15 -W4 from A Agricultural District to CR Country Residential District. D. Horvath provided background information on this item. There has been no response received to the adjacent landowner circulation. AltaLink has noted that there may be power facilities in the area, and proximity and crossing agreements may be required at some point. Other agencies contacted had no concerns with this land use amendment. Reeve M. Douglass reviewed the procedures that would be followed for the hearing. There were no persons in attendance speaking in either in favour of or opposition to the proposed bylaw. Council was given the opportunity to ask questions. b. Bylaw 1677 -09 09 LUA 010 Text Amendment Amend the definition of Greenhouse and add as a discretionary use to the C Commercial, LI Light Industrial, and I Industrial Land Use Districts Reeve M. Douglass called the Public Hearing to order at 11 :09 a.m. The Assistant Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1677 -09. The intent of this bylaw is to amend Land Use Bylaw 1626 -07 by amending the definition of `Greenhouse' to include retail sales from the greenhouse site and to amend Schedule 2 of Land Use Bylaw 1626 -07 by adding Regular Council Minutes October 8, 2009 Page 6 `Greenhouse' as a discretionary use to the C Commercial, LI Light Industrial, and I Industrial Land Use Districts. D. Horvath provided background information on this item. The agencies contacted have no concerns and there has been no response to the adjacent landowner circulation. 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. Councillor A. Eastman inquired about greenhouses in the A Agricultural District and D. Horvath replied that those greenhouses would now be allowed to conduct retail sales. Councillor W. Daniels suggested that greenhouses should be a permitted use in the C Commercial land use district. D. Horvath replied that the size and nature of these structures could vary widely, therefore more review of the applications and public notification is required. C- 337/09 MOVED BY COUNCILLOR S. EVANS that the Public Hearings adjourn at 11:13 a.m. 10. BYLAWS continued a. Bylaw 1676 -09 09 LUA 009 Ptn. of NE 1 /4 12- 20 -15 -W4 R. T. Trembecki (Owner /Applicant) A Agricultural District to CR Country Residential District (2 3 Reading) MOTION CARRIED D. Horvath presented background information on this item to Council. C- 338/09 MOVED BY COUNCILLOR B. DE JONG that Bylaw 1676 -09, being a bylaw to amend Land Use Bylaw 1626 -07 by rezoning approximately 3.36 acres (1.36 hectares) in NE 1 4 12- 20 -15 -W4 from A Agricultural District to CR Country Residential District, be given SECOND reading. MOTION CARRIED C- 339/09 MOVED BY COUNCILLOR I. SCHROEDER that Bylaw 1676 -09 be given THIRD and FINAL reading. MOTION CARRIED Regular Council Minutes Page 7 October 8, 2009 C- 340/09 c C- 342/09 C- 344/09 b. Bylaw 1677 -09 09 LUA 010 Text Amendment Greenhouses (2 3 Reading) D. Horvath presented background information on this item and responded to questions from Council. Council discussed whether or not greenhouses should be a permitted use within the C Commerical District, rather than a discretionary use. MOVED BY COUNCILLOR W. DANIELS that Bylaw 1677 -09 be amended by adding Greenhouse as a permitted use to the C Commercial District and as a discretionary use to the LI Light Industrial District and I Industrial District. MOTION DEFEATED C- 341/09 MOVED BY COUNCILLOR A.M. PHILIPSEN that Bylaw 1677 -09, being a bylaw to amend Land Use Bylaw 1626 -07 by amending the definition of "Greenhouse" and adding the use as a discretionary use to the C Commercial, LI Light Industrial, and I Industrial land use districts, be given SECOND reading. MOTION CARRIED MOVED BY COUNCILLOR W. DANIELS that Bylaw 1677 -09 be amended by adding Greenhouse as a permitted use to the C Commercial District and as a discretionary use to the LI Light Industrial District and I Industrial District. MOTION DEFEATED C- 343/09 MOVED BY COUNCILLOR H. WUTZKE that Bylaw 1677 -09 be given THIRD and FINAL reading. MOTION CARRIED c. Bylaw 1679 -09 Amendment to Bylaw 1407 -02 (Meeting Procedures) (3 Reading) MOVED BY COUNCILLOR H. WUTZKE that Bylaw 1679 -09, being a bylaw to amend Bylaw 1407 -02 (Meeting Procedures) by removing article 7.3.8 "Election of Chairman for the Municipal Committee and Agricultural Service Board," be given THIRD and FINAL reading. MOTION CARRIED d. Bylaw 1680 -09 Establishment of Municipal Planning Commission (2 3 Reading) The Assistant Administrator provided background information on this item to Council and responded to questions. Council requested that the Regular Council Minutes Page 8 October 8, 2009 C- 345/09 ARRIVED AT MEETING bylaw be amended to take effect following the October 13, 2009 Municipal Planning Commission meeting and expressed concerns regarding the removal of members -at -large mid -term. Councillor J. Harbinson arrived at 11:30 a.m. ARRIVED AT MEETING The Chief Administrative Officer indicated that, once the new bylaw is adopted, the obligation is to follow the current legislated bylaw. The Assistant Administrator indicated that the chair of the MPC would be chosen during the October 22, 2009 MPC meeting. MOVED BY COUNCILLOR A.M. PHILIPSEN that Bylaw 1680 -09, being a bylaw to establish the Municipal Planning Commission, be given SECOND reading as amended. 8. OTHER BUSINESS continued MOTION CARRIED C- 346/09 MOVED BY COUNCILLOR H. WUTZKE that Bylaw 1680 -09 be given THIRD and FINAL reading. MOTION CARRIED G. Gallup, R. Gallup, M. Gallup, E. Torsius, T. Parker, and T. Parker arrived at 11:34 a.m. d. DP #3404 NW 1/4 18- 21 -15 -W4 DC Direct Control District (Division 5) Gordon Gallup (Owner /Applicant) Renewal of existing temporary permits (DP #2965 #3299) application for a permanent permit to include both The Development Control Officer provided Council with background information on this item. She indicated that one letter of support and two letters in opposition had been received from adjacent landowners in response to the circulation, one of which was distributed at the meeting. Council was given the opportunity to ask questions. Councillor A.M. Philipsen inquired about the traffic, and G. Gallup replied that there are currently two trucks operating and that the agitator business would not bring in more than three trucks. D. Horvath responded to questions from Council regarding the definition of the use. Regular Council Minutes October 8, 2009 C- 347/09 Page 9 T. Parker expressed concerns with the development becoming permanent, noting that there are several Country Residential lots adjacent to the development that could be affected if business increases. Councillor A. Eastman confirmed that, because this development is within the DC Direct Control District, Council will be able to address any issues that arise. D. Horvath stated that any intensification of the business or complaints from adjacent landowners would have to be reviewed by Council. MOVED BY COUNCILLOR H. WUTZKE that Council APPROVES Development Permit #3404 and grants permanent approval for the existing commercial use of the parcel subject to the following conditions: This permit is being granted only for the use of the existing 4000 ft (371.6 m shop for a commercial vacuum truck operation, and also allowing the installation of agitators in vacuum trucks, on lands legally described as NW 18 -21 -15 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) All Federal, Provincial and Municipal statutes, regulations, codes and standards. b) The provisions of Land Use Bylaw #1626 -07, and amendments thereto, pertaining to the Direct Control District. c) All Alberta Building Codes where applicable. d) Any other required permits, including electrical, heating ventilation, gas and /or plumbing. These must be obtained from an accredited inspection agency e) That this development is located as shown on the site plan approved in this application and submitted September 17, 2009. Any changes to that plan shall require the written approval of the Development Officer. f) That adequate parking space is provided for this use in this case 1620 ft of parking space will be required. g) That there is no contamination of soil, surface water or groundwater from this use. h) That all hazardous waste materials are properly disposed of in regulated facilities. i) That an appropriate form of dust suppression is maintained on site at all times. This may be in the form of crushed rock, paving, or oiling or other means satisfactory to the Development Authority. j) That all outside storage is screened from the public roadway and adjacent land use. MOTION CARRIED Regular Council Minutes Page 10 October 8, 2009 C- 348/09 C- 350/09 LEFT THE MEETING G. Gallup, R. Gallup, M. Gallup, E. Torsius, T. Parker, T. Parker, and Reeve M. Douglass left the meeting at 11:52 a.m. In the absence of Reeve M. Douglass, Councillor I. Schroeder assumed the chair. 10. BYLAWS continued e. Bylaw 1681 -09 Subdivision Development Authority (2 Reading) The Assistant Administrator provided background information on this item and responded to questions from Council. MOVED BY COUNCILLOR S. EVANS that Bylaw 1681 -09, being a bylaw to establish a Subdivision Development Authority, be given SECOND reading. MOTION CARRIED C- 349/09 MOVED BY COUNCILLOR W. DANIELS that Bylaw 1681 -09 be given THIRD and FINAL reading. MOTION CARRIED f. Bylaw 1682 -09 Rescinding Bylaw 1205 -97 (Powers of Municipal Committee ASB) (2 Reading) The Assistant Administrator provided background information on this item to Council. Council expressed concerns with all of the responsibilities of the Municipal and ASB chairmen being placed upon the Reeve. The Assistant Administrator indicated that the Reeve would be able to delegate authority in certain situations. The Chief Administrative Officer noted that Council has the ability to create new committees and appoint Councillors to specific duties, if required, and requested that information continue to pass through the Chief Administrative Officer to staff. MOVED BY COUNCILLOR A.M. PHILIPSEN that Bylaw 1682 -09, being a bylaw to rescind Bylaw 1205 -97 (Municipal Committee ASB, Powers of), be given SECOND reading. MOTION CARRIED C- 351/09 MOVED BY COUNCILLOR A. EASTMAN that Bylaw 1682 -09 be given THIRD and FINAL reading. MOTION CARRIED Regular Council Minutes October 8, 2009 C- 352/09 C- 353/09 LUNCH Council RECESSED for lunch at 12:00 p.m. and RECONVENED at 1:01 p.m. 10. BYLAWS continued g. Bylaw 1683 -09 2009 Utility Rate Bylaw (1St, 2nd 3rd Reading) Page 11 The Assistant Administrator provided background information on this item to Council. He provided four different options for calculating the utility rates and indicated that, once the transition to the Newell Regional Services Corporation is complete, that body will set a standard rate for all hamlet water users that will not fluctuate from year to year. Council discussed the different billing options. The Chief Administrative Officer suggested that, for a per user rate, the entire cost could be divided by user for water users and also for water and sewer users. Councillor 1. Schroeder indicated that Lake Newell Resort, Rainier, Scandia, and Rolling Hills would likely be on the regional water system in the spring and a flat rate would begin the billing transition to the method used by NRSC. Discussion followed regarding the impact to the water and sewer users if a flat rate was used, as the rate would increase for some areas and decrease for others. The Assistant Administrator explained that, as NRSC takes over, the hamlets will be removed from the rate schedule. The Assistant Administrator responded to further questions from Council. MOVED BY COUNCILLOR W. DANIELS that Bylaw 1683 -09, being a bylaw for the purpose of levying and collecting water and sewer related service charges with Schedule option A (recover costs for each system), be given FIRST reading. MOTION CARRIED MOVED BY COUNCILLOR W. DANIELS that $12,200.00 be taken from the Water Sewer Reserve and used to lower the cost per user in Rolling Hills by $100. MOTION WITHDRAWN C- 354/09 MOVED BY COUNCILLOR J. HARBINSON that Bylaw 1683 -09 be given SECOND reading. MOTION CARRIED C- 355/09 MOVED BY COUNCILLOR H. WUTZKE that consent be given for Bylaw 1683 -09 to receive third reading this 8 day of October, 2009. MOTION CARRIED UNANIMOUSLY Regular Council Minutes Page 12 October 8, 2009 C- 356/09 C- 357/09 LEFT THE MEETING MOVED BY COUNCILLOR W. DANIELS that Bylaw 1683 -09 be given 0 THIRD and FINAL reading. MOTION CARRIED ARRIVED AT MEETING R. Fernell and Reeve M. Douglass arrived at 1:33 p.m. Reeve M. Douglass reassumed the chair. 8. OTHER BUSINESS continued a. Policy Review 2009 PAD -055 Tangible Capital Assets The Database Administrator presented Council with policy 2009 -PAD- 055 and gave an overview of the project and the process involved with creating this policy. She indicated that the TCA Committee has been using the draft policy throughout the evaluation process in order to determine any changes that were needed. The Database Administrator responded to questions from Council and gave an overview of the items that have been assigned a value, noting that some of the numbers may change with the audit in December. The Chief Administrative Officer thanked the Database Administrator and the TCA Committee for all their hard work. MOVED BY COUNCILLOR I. SCHROEDER that Policy 2009 PAD -055 be adopted as presented. MOTION CARRIED R. Fernell left the meeting at 1:45 p.m. ARRIVED AT MEETING K. Swanson and S. Sgt. J. Haley arrived at 1:38 p.m. 7. DELEGATIONS continued c. Corporate Sponsorship for Superkids Program K. Swanson gave an overview of the Superkids Program, the main function of which is to recognize and reward good behaviour for youth in the community. S. Sgt. J. Haley presented the history of the Superkids 0 Regular Council Minutes October 8, 2009 Page 13 program, which began with the City of Calgary Police Department. The Brooks RCMP has received funding which will be used to purchase a promotional vehicle that will be branded with the Superkids logo and graphics. S. Sgt. J. Haley reported that the Student Resource Officer will be used throughout the Grasslands Regional Division, and individual officers will be assigned to attend each school at least once per year using the Superkids vehicle to promote the program. He gave an overview of the rewards system, which will involve ticketing youth seen exhibiting good behaviour. Corporate sponsorships are also in place that will allow these tickets to be exchanged for goods. This would promote good behaviour by offering rewards as well as encourage members to connect with younger members of the community. S. Sgt. J. Haley requested support from the County of Newell in the development of a set of trading cards depicting members. K. Swanson presented a quote they had received for these cards, indicating that the goal for the next five years would be to have a trading card for each active member. K. Swanson responded to questions from Council. LEFT THE MEETING K. Swanson and S. Sgt. J. Haley left the meeting at 2:02 p.m. Councillor 1. Schroeder requested that Administration investigate the possibility of creating these cards internally. C- 358/09 MOVED BY COUNCILLOR 1. SCHROEDER that the County of Newell supports the Superkids initiative and agrees to supply the trading cards for this program. MOTION CARRIED 11. POST AGENDA ITEMS a. Policy 2009 -PPW -018 Snow Plowing Sanding Damage as a Result of Snow Plowing Sanding The Chief Administrative Officer presented Council with Policy 2009 PPW -018. He indicated that the condition of the infrastructure to be replaced needs to be addressed. In addition, an inspection by the Public Works department will be required in order to determine the cause of the damage and the solution. Council suggested that a deadline for damage claims to be submitted should be May 15 due to the possibility for snowfalls at this time. The Assistant Administrator noted that information about this policy could be included in the newsletter in order to inform the ratepayers. Council suggested several further amendments to the policy. Regular Council Minutes October 8, 2009 C- 359/09 C- 360/09 LEFT THE MEETING MOVED BY COUNCILLOR A.M. PHILIPSEN that Policy 2009 -PPW -018 be adopted as amended. MOVED BY COUNCILLOR W. DANIELS that Motion C- 359/09 be tabled for further information. b. Growing in Rural Alberta Symposium d. Councillor A.M. Philipsen inquired about sponsoring a resident of the Village of Rosemary for registration to the Growing in Rural Alberta Symposium. Councillor A. Eastman indicated that this should be addressed by the village Council. c. Speed Limit Bylaw Council discussed changing the speed limit on the Old No. 1 Highway. The Assistant Administrator asked if there were any other roads that should be addressed at the same time. Council suggested further roads, including the portion of Twp. Rd. 19 -1 that was paved recently, Duck Lake Road, and the road to Crawling Valley Campground. This item will be brought back to a future Council meeting. M. Fitzgerald left the meeting at 2:44 p.m. Unsightly Premises Council discussed the possibility of unsightly premises complaints in hamlets being investigated first by the Hamlet Advisory Board. Council members will bring this item forward at their next Hamlet Advisory Board meeting. 7. DELEGATIONS continued a. Southern Alberta Energy from Waste Alliance Page 14 MOTION CARRIED Councillor B. de Jong indicated that he would bring this item forward at the next meeting of the Newell Regional Solid Waste Management Authority. He indicated that there was no harm in the County participating at this point, but that he was unsure of what the County would be able to contribute. 0 0 Regular Council Minutes October 8, 2009 12. QUESTION PERIOD/NOTICE OF MOTION A question period and notice of motion was held. 13. INFORMATION ITEMS a. Mini Bus Monthly Reports August 2009 This item was accepted as information. LEFT THE MEETING b. Diabetes Association (Brooks District) Advisory October 2009 14. IN CAMERA 15. ADJOURN This item was accepted as information. B. Parker left the meeting at 2:52 p.m. There were no in camera items to discuss at this meeting. C- 361/09 MOVED BY COUNCILLOR A.M. PHILIPSEN that the meeting adjourn at 2:52 p.m. Page 15 Reeve MOTION CARRIED