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HomeMy WebLinkAbout2017-08-10 Council (Regular) MinutesCOUNTY OF NEWELL MINUTES OF REGULAR COUNCIL August 10, 2017 The regular Council Meeting of the County of Newell was held in the County Office on Thursday, August 10, 2017 commencing at 10:21 a.m. MEMBERS Molly Douglass, Reeve PRESENT: COUNCILLORS: C. Amulung G. Simpson A.M. Philipsen W. Hammergren T. Fyfe K. Christman E. Unruh B. de Jong L. Juss STAFF: K. Stephenson, Chief Administrative Officer L. Johnson, Director of Corporate Services A. Wickert, Manager of Planning & Development D. Horvath, County Planner - ORRSC T. Green, Director of Agricultural Services M. Harbicht, Director of Municipal Services A. Nielsen, Executive Assistant OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: K. Steinley, Newell Regional Services Corporation L. Traichel, County Ratepayer S. Traichel, County Ratepayer H. Tateson, County Ratepayer M. Tateson, County Ratepayer Dr. D. Lawton, Carbon Management Canada Containment & Monitoring Institute K. Osadetz, Carbon Management Canada Containment & Monitoring I nstitute 1. CALL TO ORDER Reeve M. Douglass called the meeting to order at 10:21 a.m. 2. EXCUSED FROM MEETING All members were in attendance at this meeting. Regular Council August 10, 2017 3. ADOPTION OF MINUTES 3.1 Minutes - Council (July 20, 2017) C-231/17 MOVED BY COUNCILLOR CLARENCE AMULUNG that the July 20, 2017 Council Meeting minutes be adopted as presented. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS Reeve M. Douglass called for post agenda items. 5. ADOPTION OF AGENDA C-232/17 MOVED BY COUNCILLOR LIONEL JUSS that the agenda be adopted as presented. MOTION CARRIED 6. BYLAWS 6.1 Bylaw 1887-17 Road Closure & LEASE (NE 22-17-17-W4 & NW 23-17-17-W4) The Manager of Planning & Development provided background information on this item and responded to questions from Council. C-233/17 MOVED BY COUNCILLOR CLARENCE AMULUNG that Bylaw 1887-17 being a bylaw for the purpose of closing to public travel and LEASING that portion of road allowance adjacent to the western boundary of NW 23-17-17-W4, be given SECOND reading. MOTION CARRIED C-234/17 MOVED BY COUNCILLOR KELLY CHRISTMAN that Bylaw 1887-17 be given THIRD and FINAL reading. MOTION CARRIED 6.2 Bylaw 1889-17 Road Closure & LEASE (W 3-15-15-W4 & E 4-15-15-W4) The Manager of Planning & Development provided background information on this item and responded to questions from Council. C-235/17 MOVED BY COUNCILLOR LIONEL JUSS that Bylaw 1889-17, being a bylaw for the purpose of closing to public travel and LEASING that portion of road allowance adjacent to the western boundary of W 3-15-15-W4, be given SECOND reading. MOTION CARRIED C-236/17 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that Bylaw 1889-17 be given THIRD and FINAL reading. MOTION CARRIED Page 2 of 12 Regular Council August 10, 2017 6.3 Bylaw 1890-17 Road Closure & LEASE (Various Locations in 15-15-W4) The Manager of Planning & Development provided background information on this item and responded to questions from Council. C-237/17 MOVED BY COUNCILLOR WAYNE HAMMERGREN that Bylaw 1890-17, being a bylaw for the purpose of closing to public travel and LEASING those portions of road allowance adjacent to the west boundary of 13-15-15-W4, adjacent to the west boundary of SW 24-15-15-W4, adjacent to the north boundary of NW 24-15-15-W4, adjacent to the west boundary of NW 25-15-15-W4, and adjacent to the west boundary of 36-15-15-W4, be given FIRST reading. MOTION CARRIED C-238/17 MOVED BY COUNCILLOR TRACY FYFE that Bylaw 1890-17 be given THIRD and FINAL reading. MOTION CARRIED 6.4 Bylaw 1891-17 Road Closure & LEASE (S 6-17-15-W4 & NW 31-16-15-W4) The Manager of Planning & Development provided background information on this item and responded to questions from Council. C-239/17 MOVED BY COUNCILLOR BRIAN DE JONG that Bylaw 1891-17, being a bylaw for the purpose of closing to public travel and LEASING that portion of road allowance adjacent to the south boundary of S 6-17-15-W4, be given SECOND reading. MOTION CARRIED C-240/17 MOVED BY COUNCILLOR ELLEN UNRUH that Bylaw 1891-17 be given THIRD and FINAL reading. MOTION CARRIED 6.5 Bylaw 1892-17 Land Use Bylaw The County Planner provided background information on this item and responded to questions from Council regarding Public Service land in Gem and the Direct Control zoning applied to mobile home parks. Councillor K. Christman asked if the land involved in the annexations to and from the Town of Bassano had been included. The County Planner replied that they would be included after a Board Order is received that transfers land from one municipality to another. The County Planner responded to further questions regarding the buffers around sewage treatment plants and landfills, indicating that the distances from the working areas are established by the Subdivision & Development Regulation. Applications can be made to have these buffers reduced. C-241/17 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that Bylaw 1892-17, being a bylaw to adopt a Land Use Bylaw for the County of Newell, be given FIRST reading. MOTION CARRIED Page 3 of 12 Regular Council August 10, 2017 9. ADMINISTRATIVE BUSINESS 9.2 Municipal Government Act Regulations Summary The County Planner provided background information on this item. The Subdivision & Development Appeal Board Regulation is new and will provide direction on how municipalities deal with Subdivision & Development Appeal Boards. Board members and clerks will be required to take training and renew it every two years. The County Planner provided further information regarding the board composition and suggested that the County's Subdivision & Development Appeal Board bylaw would be updated. The County Planner provided information regarding the Subdivision & Development Regulation and Subdivision Development Form regulations, noting that the proposed changes are not significant. This regulation is proposed to come into force October 1, 2017. The County Planner provided information regarding the Intermunicipal Collaboration Framework Regulation. She noted that most of the rules for preparing ICF documents are included in the Modernized Municipal Government Act and the regulation focuses on arbitration and the consequences of being unsuccessful in preparing the ICF documents. Council was given the opportunity to ask questions. 9.1 Planning & Development Report The Manager of Planning & Development presented an update on the recent activities of the Planning & Development Department. Council was given the opportunity to ask questions. The Manager of Planning & Development responded to questions regarding the timelines for the North Headages Area Redevelopment Plan. LEFT THE MEETING A. Wickert and D. Horvath left the meeting at 10:50 a.m. 8. AGRICULTURAL SERVICES BUSINESS 8.1 Agricultural Fieldman's Report (July 2017) The Director of Agricultural Services presented the Agricultural Fieldman's Report to Council. Council was given the opportunity to ask questions. The Director of Agricultural Services responded to questions regarding phragmites control and two clubroot sites. The site in Division 9 has been confirmed and samples have been sent for testing from a site in Division 8. The landowner, adjacent landowners, renters, and Cenovus have been notified. C-242/17 MOVED BY COUNCILLOR KELLY CHRISTMAN that the Agricultural Fieldman's Report for July 2017 be accepted as presented. MOTION CARRIED CP1 Page 4 of 12 Regular Council August 10, 2017 8.2 2017 South Region ASB Conference The Director of Agricultural Services indicated that the 2017 South Region Agricultural Services Board Conference would be held on October 31, 2017 in Milk River, AB. Council was given the opportunity to ask questions. 8.3 Funding Request - Alberta Invasive Species Council The Director of Agricultural Services provided background information on this item and responded to questions from Council. Discussion followed. C-243/17 MOVED BY COUNCILLOR WAYNE HAMMERGREN that the County of Newell sponsor the Alberta Invasive Species Council in the amount of $2,000.00 in 2017 and consider future funding during the 2018 budget process. MOTION CARRIED LEFT THE MEETING T. Green left the meeting at 11:06 a.m. 6. BYLAWS — continued 6.6 Bylaw 1895-17 Council Code of Conduct The Director of Corporate Services provided background information on this item and responded to questions from Council. ARRIVED AT MEETING K. Steinley arrived at 11:08 a.m. Councillor K. Christman indicated that ongoing education and training for Councillors is important and suggested that be included in the bylaw. She noted that public boards have a requirement for a certain amount of training time. The Director of Corporate Services Responded to further questions from Council. C-244/17 MOVED BY COUNCILLOR KELLY CHRISTMAN that Bylaw 1895-17, being a bylaw for the purpose of establishing a Council code of conduct, be given FIRST reading with the following amendment: Article 3.3 (ii)To ensure they develop a clear understanding regarding their role as a Councillor or a member of other Committees or Boards that they may be appointed to, Councillors have an obligation to attend and actively participate, on an ongoing basis, in orientation and training that is offered by the County of Newell or may be offered by other agencies which they may be appointed to as a representative of the County of Newell Council. MOTION CARRIED Page 5 of 12 Regular Council August 10, 2017 10. MUNICIPAL SERVICES BUSINESS 10.2 Utilities - NRSC Report K Steinley presented The Utilities - NRSC Report to Council, including an update on the Tilley Pumphouse, rural water hookups, and discharge from the Rolling Hills and Scandia sewage lagoons. Council was given the opportunity to ask questions. K. Steinley responded to questions regarding water production, indicating that they have set records in July due to the hot weather. He indicated that raw water quality can be affected by heat, but no major changes have been seen so far. Councillor W. Hammergren asked if water usage had changed for Scandia and Rainier since the leak was repaired. K. Steinley indicated that this was still under investigation and that he would provide an update in September. K Steinley responded to further questions from Council. LEFT THE MEETING K. Steinley left the meeting at 11:29 a.m. 9. ADMINISTRATIVE BUSINESS — continued 9.3 Request for Municipal Resolution - Port of Wild Horse Council was provided background information on this item. Councillor B. de Jong provided further information, indicating that the Palliser Economic Partnership is requesting support from its member municipalities in the form of a resolution. C-245/17 MOVED BY COUNCILLOR BRIAN DE JONG that whereas the "The Port of Wild Horse - a Business Case for Service Improvements" report confirms that economic opportunities will be realized when the hours of operation are extended and electronic equipment installed at the Wild Horse Border crossing, Whereas the County of Newell is in full support of this initiative as this action will enable and increase the flow of commercial traffic, thus enhancing economic activity and growth of Southeast Alberta, Whereas combined incremental costs for staff and equipment at the Port of Wild Horse would be approximately $500,000, it is estimated that the benefit -cost ratio to the Government of Canada would be in excess of 2:0, Whereas the Canada Border Services Agency, Public Safety and Emergency Preparedness Canada has committed $2M to upgrade the border crossing, Whereas the County of Newell is an active partner with the Wild Horse Border Crossing Committee through its involvement with Palliser Economic Partnership, and likeminded organizations in the State of Montana; Therefore be it resolved that the Government of Alberta designate the Honourable Deron Bilous, Minister of Economic Development and Trade as the key elected representative, supported by the Honourable Oneil Carlier, Minister of Agriculture and Forestry, and the Honourable Brian Mason Minister of Transportation and Minister of Infrastructure, to Page 6 of 12 Regular Council August 10, 2017 advocate the following efforts to Canada Border Services Agency, Public Safety and Emergency Preparedness Canada: Extend the Port of Wild Horse Border hours of operation to a minimum of 13 hours per day, 365 days per year. 2. Install the Electronic Data Interchange Equipment and System to facilitate processing of commercial traffic and process commercial traffic at the Port of Wild Horse 365 days per year. MOTION CARRIED 9.4 Request for Support - Uncollectable School Tax & Seniors Housing Requisitions Council was provided with background information on this item, which included a summary of actual and potential School Tax and Seniors Housing Requisition write-offs for the County of Newell. Discussion followed. C-246/17 MOVED BY COUNCILLOR CLARENCE AMULUNG that a letter be written to the Minister of Municipal Affairs requesting amendments to the Municipal Government Act and other provincial legislation that would improve the ability to recover unpaid Education & Seniors Housing Requisitions levied against oil and gas operations and the associated machinery and equipment and linear property. MOTION CARRIED 9.5 Sponsorship Request - Alberta CARE Conference (March 2018) Councillor L. Juss provided background information on this item and responded to questions from Council. Discussion followed. Councillor B. de Jong responded to further questions, indicating that the sponsorship funding is primarily used to keep registration fees low. Alberta CARE is a non-profit organization. Councillor K. Christman asked if the County would be highlighted in the brochure. C-247/17 MOVED BY COUNCILLOR CLARENCE AMULUNG that Council APPROVES funding in the amount of $2,000.00 from the Advertising & Public Relations Account to Alberta CARE for sponsoring the Alberta Recycling Conference 2018. MOTION CARRIED 9.6 Councillor Payment Sheets (June 2017) C-248/17 MOVED BY COUNCILLOR KELLY CHRISTMAN that the June 2017 Councillor Payment Sheets be accepted with the amendments recommended by the Councillor Compensation Review Committee. MOTION CARRIED 9.7 Cheques for Payment C-249/17 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that cheque 185806 in the amount of $601,739.38 and cheque 185829 in the amount of $1,689,525.97 be APPROVED. MOTION CARRIED Page 7 of 12 Regular Council August 10, 2017 9.8 Payment Register C-250/17 MOVED BY COUNCILLOR LIONEL JUSS that the Payment Register be accepted. MOTION CARRIED C-251/17 MOVED BY COUNCILLOR TRACY FYFE that the Direct Debit Register for June 2017 be accepted. MOTION CARRIED 9.9 Requests for Functions of Council 9.9.1 Bow River Basin Council Retreat (September 5-7,2017) Councillor B. de Jong provided background information on this item C-252/17 MOVED BY COUNCILLOR KELLY CHRISTMAN that Councillor B. de Jong be permitted to attend the Bow River Basin Council Retreat at Ghost River Crossing on September 5-7, 2017 as a function of Council. MOTION CARRIED 12. INFORMATION ITEMS 12.1 Financial Information for the Period Ending June 30, 2017 This item was accepted as information. 12.2 Road Closure by Resolution (Road Plan 0714935) This item was accepted as information. ARRIVED AT MEETING M. Harbicht arrived at 11:54 a.m. 10. MUNICIPAL SERVICES BUSINESS — continued 10.1 Director of Municipal Services Report The Director of Municipal Services presented his report to Council, giving an overview of the highlights. Council was given the opportunity to ask questions. The Director of Municipal Services responded to questions regarding calcium application on shoulder pull areas, noting that complaints have been received from residents living on these roads. Calcium will be applied as per the usual procedure once gravel is spread. Councillor E. Unruh requested signage in Division 7 identifying the East Gem Road. The Director of Municipal Services replied that road signs should refer to the Township and Range Roads rather than an alias road name and that road signs are replaced when required (i.e. when they are damaged). �'J� Page 8 of 12 Regular Council August 10, 2017 C-253/17 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the Director of Municipal Services Report and the Utilities - NRSC Report for July 2017 be APPROVED as presented. MOTION CARRIED LUNCH Council RECESSED for lunch at 12:01 p.m. and RECONVENED at 1:03 p.m. 10. MUNICIPAL SERVICES BUSINESS — continued 10.3 Alberta Transportation Partnership - Highway Upgrading (SH535, SH873, SH876) The Director of Municipal Services provided background information on this item. He indicated that he and the Chief Administrative Officer had met with D. Davidson from Alberta Transportation on July 31, 2017 to discuss the details of the agreements. The Director of Municipal Services provided an overview of suggested amendments to the draft agreements and articles of interest. He responded to questions from Council regarding administration costs, insurance requirements, and timelines for dispute resolution. Council was given the opportunity to ask questions. Councillor K. Christman asked about the possibility of getting some of the funding in advance to start the project. The Director of Municipal Services replied that this was not discussed during the meeting. He provided an explanation of "properly incurred" costs and the road standards. Discussion followed regarding the requirement to notify Alberta Transportation immediately if cost overruns are discovered during construction. The Director of Municipal Services explained what would happen in the event of a cost overrun. Further discussion occurred. C-254/17 MOVED BY COUNCILLOR CLARENCE AMULUNG that County Council accepts the Agreements with suggested amendments for 50/50 cost share partnership with Alberta Transportation to upgrade Provincial Highways 873 (from end of pavement to Hwy 36), including that portion of Highway 535 (from end of pavement to Hwy 873), and Highway 876 (from Hwy 1 to Hwy 544). The Chief Administrative Officer responded to further questions regarding the terms of the agreement. Further discussion occurred. The Director of Municipal Services responded to questions regarding project timelines. ARRIVED AT MEETING S. Traichel and L. Traichel arrived at 1:49 p.m. The Chief Administrative Officer indicated that he would provide some amendments, but that he has no great concerns regarding the agreement. Reeve M. Douglass called the question. VOTE ON MOTION C254/17 - MOTION CARRIED Page 9 of 12 Regular Council August 10, 2017 ARRIVED AT MEETING A. Wickert and D. Horvath arrived at 1:53 p.m. 14. IN CAMERA C-255/17 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that we move in camera at 1:53 p.m. to discuss a land and two legal issues. MOTION CARRIED C-256/17 MOVED BY COUNCILLOR LIONEL JUSS that we move out of camera at 2:25 p.m. MOTION CARRIED C-257/17 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that the purchase of the portion of SW 27-18-14-W4 in the amount of $362,691.27 + GST for the purpose of the Truck Route Project be APPROVED with funding from the Stabilization Fund. MOTION CARRIED C-258/17 MOVED BY COUNCILLOR KELLY CHRISTMAN that Council APPROVES the Municipal Sustainability Initiative Amending Memorandum of Agreement as presented. MOTION CARRIED ARRIVED AT MEETING H. Tateson and M. Tateson arrived at 2:29 p.m. 7. DELEGATIONS 7.1 Road Allowance Leases - H. Tateson The Manager of Planning & Development provided background information on this item, indicating on a map two closed road allowances that were leased to the landowner as well as another road allowance requiring closure and lease if the pivot is to remain. H. Tateson provided further background information, indicating that he had been made aware of the lease when he purchased the land from the previous owner. In 1996, he received a letter from the County of Newell requesting permission for access to the two road allowances on behalf of two County ratepayers. As he did not provide permission, H. Tateson assumed that the leases had been cancelled. Regarding the other road allowance, he indicated a preference to close and purchase it to accommodate his pivot. Council was given the opportunity to ask questions. The Manager of Planning & Development responded to questions regarding the road allowance closure J process. She indicated that she found no evidence that the bylaws had been rescinded or that the leases were cancelled. As the bylaws closing the roads are still in effect, she indicated that new lease agreements can be prepared. The Page 10 of 12 Regular Council August 10, 2017 request to close the additional road allowance would require a new bylaw. H. Tateson responded to questions, indicating that he would prefer to purchase the road allowance for insurance purposes. The County Planner provided further information, indicating that the County can choose to close a road allowance with a bylaw and not lease it to anyone. There is no paperwork indicating that further action would be taken and the lease is not in effect because payment has not been received. H. Tateson reiterated that he did not provide permission for access and he expected the County to follow through with cancelling the lease, so he did not issue payment. He responded to questions regarding his use of the road allowances. Discussion followed and the Manager of Planning & Development and H. Tateson responded to further questions from Council. ARRIVED AT MEETING Dr. D. Lawson and K. Osadetz arrived at 2:54 p.m. Further discussion occurred. C-259/17 MOVED BY COUNCILLOR KELLY CHRISTMAN that the outstanding lease fees for Road Allowance Leases #20 and #31 be CANCELLED and that new 10 -year lease agreements for the associated Bylaws 403-70 and 1089-93 be prepared with the term commencing on August 1, 2017 and continuing until July 31, 2027. MOTION CARRIED LEFT THE MEETING H. Tateson, M. Tateson, A. Wickert, and D. Horvath left the meeting at 3:07 p.m. 7.2 CMC Research Institute Dr. D. Lawton and K. Osadetz provided an update to Council regarding the Containment & Monitoring Institute Field Research Station located in the County. Dr. D. Lawton explained the carbon capture and storage process and the work being done at the field research station. Phase 1 of the project involves injecting CO2 into the ground at a depth of 300m to determine testing thresholds and to improve and develop monitoring technologies. He provided information regarding the Field Research Station including the various components of the site and the wells. Monitoring of seismic activity and groundwater is also being done. Data collected is used to create geostatic models that are run through computer simulations to determine possible outcomes of CO2 injection. Dr. D. Lawton provided an overview of trench monitoring and the mobile geochemistry laboratory. Several pictures of activity at the site were displayed. Dr. D. Lawton outlined the economic impact the project has made in the County of Newell and acknowledged various local organizations and corporations for their involvement with the project. Council was given the opportunity to ask questions. K. Osadetz responded to questions regarding what happens to CO2 after it is injected into the ground. The carbon capture and storage method takes CO2 from the atmosphere and safely injects it in rocks where it remains stable. Dr. D. Lawton responded to questions regarding discoveries by larger organizations that are performing Carbon Capture & Storage on a commercial level, indicating that they are involved with the Page 11 of 12 Regular Council August 10, 2017 international research community. He provided information regarding other sites as well as statistics on the amount of CO2 that is produced in Alberta and throughout Canada on an annual basis. Dr. D. Lawton and K. Osadetz responded to further questions from Council. LEFT THE MEETING Dr. D. Lawson and K. Osadetz left the meeting at 4:06 p.m. 11. POST AGENDA ITEMS There were no post agenda items to discuss at this meeting. 13. QUESTION PERIOD/NOTICE OF MOTION A question period and notice of motion was held. 15. ADJOURN Being that the agenda matters have been concluded, the meeting adjourned at 4:06 p.m. 4Signed this -i— day of .L" �� r' , 2017 Page 12 of 12