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HomeMy WebLinkAbout2010-06-10 Council (Regular) Minutes COUNTY OF NEWELL NO. 4 MINUTES OF COUNCIL MEETING June 10, 2010 The regular Council Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Thursday, June 10, 2010 commencing at 10:55 a.m. MEMBERS PRESENT: M. Douglass, Reeve COUNCILLORS: W. Daniels I. Schroeder A.M. Philipsen R. Andrews J. Harbinson S. Evans B. de Jong ABSENT: A. Eastman H. Wutzke STAFF: K. Stephenson, Chief Administrative Officer L. Johnson, Assistant Administrator A. Wickert, Development Control Officer D. Horvath, County Planner — ORRSC M. Harbicht, Superintendent of Public Works A. Nielsen, Executive Assistant OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: P. Grigaitis, Brooks & County Chronicle M. Fitzgerald, Q -13 Fox Radio E. Wilson, Eastern Irrigation District (Bylaw 1701 -10) R. Havinga, Newell Regional Services Corporation I. EXCUSED FROM MEETING C- 227/10 MOVED BY COUNCILLOR J. HARBINSON that Councillor A. Eastman and Councillor H. Wutzke be excused from the meeting. MOTION CARRIED II. MINUTES 1. Council (May 20, 2010) C- 228/10 MOVED BY COUNCILLOR S. EVANS that the May 20, 2010 Council Meeting minutes be adopted as presented. MOTION CARRIED III. CALL FOR POST AGENDA ITEMS The Reeve called for post agenda items. Regular Council Minutes Page 2 June 10, 2010 IV. ADOPTION OF AGENDA C- 229/10 MOVED BY COUNCILLOR I. SCHROEDER that the agenda be adopted as amended. MOTION CARRIED VI. BYLAWS 1. Bylaw 1702 -10 —10 LUA 004 Ptn. Of Block 1, Plan 961 2160 (SE 1/4 1- 20- 15 -W4) — Division 8 A — Agricultural District to CR — Country Residential District The County Planner provided background information on this item and responded to questions from Council. C- 230/10 MOVED BY COUNCILLOR I. SCHROEDER that Bylaw 1702 -10, being a bylaw to amend Land Use Bylaw 1626 -07 by rezoning approximately 8.0 acres (3.2 hectares) in SE '/a 1- 20 -15 -W4 from A — Agricultural District to CR — Country Residential District, be given FIRST reading. MOTION CARRIED 2. Bylaw 1703 -10 —10 LUA 005 Ptn. SW 1 4 18- 19 -15 -W4 — Division 5 • A — Agricultural District to CR — Country Residential District The County Planner provided background information on this item and responded to questions from Council. C- 231/10 MOVED BY COUNCILLOR J. HARBINSON Bylaw 1703 -10, being a bylaw to amend Land Use Bylaw 1626 -07 by rezoning approximately 10.0 acres (4.04 hectares) in SW 'A 18- 19 -15 -W4 from A — Agricultural District to CR — Country Residential District, be given FIRST reading. MOTION CARRIED VII. ADMINISTRATIVE BUSINESS 1. Review of Draft Municipal Development Plan The County Planner presented Council with a draft Municipal Development Plan (MDP), indicating that it had been created based on information gathered at the open house meetings and the existing MDP. She requested feedback from Council and outlined the timelines for adopting the MDP, which will include a public referral process. The County Planner responded to questions and Council suggested ( revisions. Councillor B. de Jong suggested that the Rolling Hills be added to the list of reservoirs on p. 5. The County Planner provided 4 Regular Council Minutes Page 3 June 10, 2010 clarification regarding item 2.7 and 2.8 on p. 8. Councillor 1. Schroeder inquired about item 2.17 on p. 9 and D. Horvath replied that requiring growth strategies for all hamlets will allow the residents to have more input in the planning process and provide a way to address any long- standing issues. Councillor W. Daniels suggested that consideration for drainage should be included when planning new areas. Councillor 1. Schroeder noted that there were infrastructure requirements included in item 2.23 under the Resort Residential section on p. 10. The Chief Administrative Officer indicated that he would support an overall growth study for hamlets which would include existing drainage, identification of problem areas, and possible solutions. Councillor B. de Jong asked about the Minimum Distance Separation for Confined Feeding Operations on p. 20. The County Planner indicated that Appendix B contains a map showing where CFOs are not permitted around the City of Brooks, and the size of the individual CFO will determine the MDS from other developments. ARRIVED AT MEETING E. Wilson arrived at 11:26 a.m. The County Planner explained that the Natural Resources Conservation Board are not a required referral, but NRCB regulations are taken into account when considering development. The Development Control Officer noted that the County is considering mapping CFOs within the County boundaries to reference when new subdivision applications are submitted. Discussion of the draft MDP was postponed until after the public hearing. C- 232/10 MOVED BY COUNCILLOR R. ANDREWS that we move into Public Hearing at 11:32 a.m. MOTION CARRIED V. PUBLIC HEARINGS 1. Bylaw 1701 -10 — Road Closure & Sale Sections 3, 10, 15 & 22- 16 -15 -W4 Reeve M. Douglass called the Public Hearing to order at 11:32 a.m. Reeve M. Douglass reviewed the procedures that would be followed for the hearing. The Assistant Administrator stated that the purpose of the Public Hearing was to hear representations on Bylaw 1701 -10. The intent of Regular Council Minutes Page 4 June 10, 2010 this bylaw is to close and sell the portion of road allowance lying south of the southern boundary of plan 901 1012 adjoining the west boundaries of Sections 15 & 22- 16 -15 -W4 and the portion of road allowance adjoining the west boundaries of Sections 3 & 10- 16- 15 -W4. The Development Control Officer provided Council with background information on this item, indicating that responses to the circulation have been received from all required referral agencies. The County of Newell Public Works department has requested that the new road be built to County standards and that the easterly section be built to connect to Range Road 15 -2. There were no persons in attendance speaking in opposition to the proposed bylaw. Council was given the opportunity to ask questions. The Development Control Officer indicated on the map where the connection to Range Road 15 -2 would be and discussion followed regarding County road construction standards. C- 233/10 MOVED BY COUNCILLOR I. SCHROEDER that we move out of Public Hearing at 11:42 a.m. MOTION CARRIED LEFT THE MEETING E. Wilson left the meeting at 11:42 a.m. VII. ADMINISTRATIVE BUSINESS — continued 1. Review of Draft Municipal Development Plan — continued Discussion continued regarding MDS measurements and how CFOs are affected by other developments and vice versa. The County Planner requested that any further changes be forwarded to her as soon as possible so that the MDP can be presented for first reading at the June 24, 2010 Council meeting. 2. Subdivision Extension Request — 2009 -0 -047 (SE 1 /4 8- 23- 16 -W4) The County Planner provided Council with background information on this item. co Regular Council Minutes Page 5 June 10, 2010 CC-234/1O MOVED BY COUNCILLOR W. DANIELS that the request for a one year time extension to subdivision application 2009 -0 -047 to June 10, 2011 be APPROVED. MOTION CARRIED 5. Subdivision & Development Appeal Board Membership The Assistant Administrator presented Council with background information on this item. Discussion followed regarding whether to advertise for new board members now or to wait until the Organizational Meeting in October. The Assistant Administrator responded to questions from Council. Council indicated that they would begin recruiting people in their respective divisions. IX. POST AGENDA ITEMS 1. Municipal Government Act Review Committee Update Councillor 1. Schroeder indicated that the list of concerns submitted by the Oldman River Regional Services Commission was discussed at a recent meeting. He gave an overview of the Capital Regional Board Regulations and expressed concerns regarding how rural governance would be affected if these were incorporated into the legislation. Councillor 1. Schroeder responded to questions from Council. LEFT THE MEETING M. Fitzgerald left the meeting at 12:07 p.m. LUNCH Council RECESSED for lunch at 12:07 p.m. and RECONVENED at 1:08 p.m. ARRIVED AT MEETING M. Harbicht and R. Havinga arrived at 1:08 p.m. VIII. PUBLIC WORKS BUSINESS 1. Bridge File Update Letter from Alberta Transportation The Superintendent of Public Works presented Council wit background information on this item. He presented an addition tter Regular Council Minutes Page 6 June 10, 2010 from Alberta Transportation regarding Bridge Files 76809 & 78469 and outlined the options available. The Superintendent of Public Works responded to questions from Council. Reeve M. Douglass asked about the Bridge File numbers, and the Superintendent of Public Works suggested that this was a typographical error. Bridge File 78469 is the bridge west of Fisher Bridge, which is the EID crossing and the local road over the EID canal should reference Bridge File 75926. C- 235/10 MOVED BY COUNCILLOR S. EVANS that Bridge File 75926 be removed and the road be constructed, with the full cost of removing the bridge and constructing the road west of the EID canal south of Bassano to be 100% reimbursed by Alberta Transportation. MOTION CARRIED C- 236/10 MOVED BY COUNCILLOR S. EVANS that the County of Newell proceed with the engineering for Bridge File 76809 (Fisher Bridge) in order for it to be placed on the Alberta Transportation priority list for future replacement. MOTION CARRIED Discussion followed regarding the proposed service road referred to in the letter of June 7, 2010, which would be constructed along Highway 1 connecting Range Road 18 -2 to the old Highway 1A access into Bassano. The Superintendent of Public Works indicated that he would obtain further information. 2. Municipal Reports The following Municipal Reports for May 2010 were presented to Council: - Utilities — NRSC - Superintendent of Public Works - Operations Manager - Technical Manager - Project Update Maps - Shop Foreman - Accounting Supervisor R. Havinga presented Council with the Utilities -NRSC Report and also requested direction from Council on three items. R. Havinga presented Council with information regarding the effluent/backwash pond and the raw water storage pond at Rainier. The effluent/backwash pond is not required and can be filled in. The raw water storage pond could be equipped with a dry fire hydrant, which would satisfy the fire protection requirements for the expansion of the school. R. Havinga responded to questions from Council. Council 0 Regular Council Minutes Page 7 June 10, 2010 indicated that R. Havinga should approach the school board regarding the cost of completing this work. R. Havinga presented Council with information regarding renovations to the Scandia water treatment plant and asked Council about the possibility of pouring a new base for the antenna used by the volunteer fire department. R. Havinga responded to questions from Council. Council indicated that R. Havinga should send a letter to the Scandia Fire Department requesting that they repair the antenna as it is leaning against the water treatment plant building. R. Havinga presented Council with information regarding the renovations to the Lake Newell Resort water treatment plant, indicating that the irrigation operators had requested the existing raw water pump. He explained that the pump in question is old and will not be used further by the County. Council indicated that R. Havinga give the old raw water pump to the Lake Newell Resort irrigation operators, advising them of their responsibilities. LEFT THE MEETING S. Stanway and P. Grigaitis left the meeting at 1:45 p.m. C C- 237/10 MOVED BY COUNCILLOR I. SCHROEDER that we move in camera at 1:45 p.m. to discuss a labor issue. MOTION CARRIED C- 238/10 MOVED BY COUNCILLOR A.M. PHILIPSEN that we move out of camera at 1:53 p.m. MOTION CARRIED ARRIVED AT MEETING S. Stanway and P. Grigaitis returned to the meeting at 1:53 p.m. Council was given the opportunity to ask questions. Councillor W. Daniels initiated discussion regarding drainage issues arising from weeping tiles and sump pumps draining into septic tanks. R. Havinga indicated that Alberta Environment gets involved with renovations to stormwater systems and the collection pond and ditch water would have to be tested. The Chief Administrative Officer indicated that the County is currently working with Alberta Environment and the Eastern Irrigation District regarding the Rolling Hills drainage system. He noted that Council could establish a bylaw to control what goes into the sanitary system. Currently, the pipe system in Rolling Hills does function, but does not meet the Alberta Environment guidelines for grade and siz and is missing the ability to release when the water reaches a cert level. Regular Council Minutes Page 8 June 10, 2010 Councillor W. Daniels inquired about the land adjacent to the Rolling 3 Hills sanitary wastewater lagoon that had been seeded recently. The Chief Administrative Officer indicated that he had met with the landowner along with Mark Harbicht, Todd Green and Ralph Havinga. He noted that the Agricultural Fieldman acknowledged that the field appears to be very stressed due to too much moisture and the chemicals sprayed on the field. He further indicated that the soil samples taken should also clarify any uncertainty. R. Havinga responded to further questions from Council. LEFT THE MEETING R. Havinga left the meeting at 2:06 p.m. The Superintendent of Public Works presented his report and responded to questions from Council. He indicated that the tender results for Lake Newell Resort Road/Twp. Rd. 18- 2/Rge. Rd. 14 -5 has been received. C- 239/10 MOVED BY COUNCILLOR I. SCHROEDER that the County of Newell Awards the Lake Newell Resort Road (from west side of Lake Newell Resort to Twp. Rd. 18 -2), Twp. Rd. 18 -2 (from west of Rge. Rd. 15 -0 to Rge. Rd. • 14 -5), and Rge. Rd. 14 -5 (From Twp. Rd. 18 -2 to Twp. Rd. 18 -4) Grading, Grade Widening, Granular Base Course, Asphalt Concrete Pavement project to Brooks Asphalt & Aggregate Ltd. in the amount of $3,201,549.48 plus GST to be funded from the Paving Reserve. MOTION CARRIED The Superintendent of Public Works responded to questions regarding the reports from the Operations Manager and Shop Foreman. C- 240/10 MOVED BY COUNCILLOR A.M. PHILIIPSEN that the Municipal Reports for May 2010 be APPROVED as presented. MOTION CARRIED LEFT THE MEETING M. Harbicht left the meeting at 2:22 p.m. VII. ADMINISTRATIVE BUSINESS — continued 3. Assessment Appeals The Chief Administrative Officer presented Council with background information on this item, indicating that Council needs to appoint all members to the regional pool as per Bylaw 1694 -10. Any members s k Regular Council Minutes Page 9 June 10, 2010 who will require appointment from County Council will be brought forward in the future as the names become available. The Chief Administrative Officer also noted that the County needs to determine whether to utilize a one - member panel to address any non - assessment related issues, such as incorrect addresses or invalid appeals. He indicated it would not make sense to pull the three members together to deal with appeals that may be non - assessment related. The Chief Administrative Officer responded to questions from Council regarding the appointment of a chairperson, selecting members from the pool, and the establishment of procedures for appeal board hearings. Motion C -80/10 appoints the following pool members — Wayne Daniels, Anne Marie Philipsen, Allen Eastman, Noel Moriyama, Bevin Keith, and Ken Mandeville. C- 241/10 MOVED BY COUNCILLOR R. ANDREWS that a one member panel be used for any non - assessment related appeals and that, as per Bylaw No. 1694 -10, the Chief Administrative Officer be further permitted to choose the one - member panel to make a decision on any non - assessment related appeals. MOTION CARRIED 4. Fire & Emergency Services Coordinator — Vehicle Purchase The Assistant Administrator presented background information on this item and responded to questions from Council. C- 242/10 MOVED BY COUNCILLOR B. DE JONG that Council APPROVES the tender from Harwood Ford in the amount of $33,298.90 including GST for the purchase of a 1 /2 ton truck for the Fire & Emergency Services Coordinator. MOTION CARRIED 6. Regional Enhancement Reserve Funding Request — Division 4 Councillor R. Andrews presented background information on this item and responded to questions from Council. C- 243/10 MOVED BY COUNCILLOR I. SCHROEDER that the Regional Enhancement Reserve Funding request from the Bow City Community for septic tank repairs, outhouses, and gravel at the Bow City Community Park be APPROVED in the amount of $4,522.19 with funding through the Regional Enhancement Reserve allocation for Division 4. MOTION CARRIED Regular Council Minutes Page 10 June 10, 2010 7. Request for Prize Donation — Brooks Elks Lodge 8 Annual 0 Father's Day Fishing Derby Council was presented with a letter from the Brooks Elks Lodge requesting a prize donation for their 8t" Annual Father's Day Fishing Derby. Administration was directed to provide a donation of promotional items. 8. 2010 Southern Alberta Summer Games Community Barbecue (July 7, 2010) Council was presented with a letter from the 2010 Southern Alberta Summer Games requesting assistance at the community barbeque on July 7, 2010 beginning at 4:00 p.m. Councillors A.M. Philipsen, S. Evans, B. de Jong, J. Harbinson, 1. Schroeder, and Reeve M. Douglass indicated that they would be available to help. LEFT THE MEETING Councillor W. Daniels left the meeting at 2:51 p.m. 9. Councillor Payment Sheets (April 2010) CI C- 244/10 MOVED BY COUNCILLOR A.M. PHILIPSEN that the April 2010 Councillor Payment Sheets be accepted with the amendments recommended by the Councillor Compensation Review Committee. MOTION CARRIED ARRIVED AT MEETING Councillor W. Daniels returned at 2 :51 p.m. 10. Cheques for Payment The Assistant Administrator responded to questions from Council. C- 245/10 MOVED BY COUNCILLOR S. EVANS that cheques 167531 to 167536 in the amount of $118,296.89, cheques167537 to 167594 in the amount of $1,305,315.36, cheque 167596 (which replaces cancelled cheque 167595) in the amount of $737,000.00, cheques 167597 to 167605 in the amount of $118,521.67, and Direct Debit Batch 16673 in the amount of $64,217.09 be APPROVED. MOTION CARRIED C) Regular Council Minutes Page 11 June 10, 2010 IX. POST AGENDA ITEMS - continued 2. Kinsmen Rodeo Pancake Breakfast (June 11, 2010) Council discussed the final details for the pancake breakfast. 3. Letter from the Village of Tilley Re: Recreation Board Accounting Council was presented with a letter from the Village of Tilley requesting the presence of Councillor I. Schroeder at their Council meeting on June 14, 2010 for a discussion regarding the Division 2 Recreation Board. Councillor I. Schroeder provided background information and responded to questions from Council. 4. Bow River Committee The Chief Administrative Officer reported that E. Wilson of the Eastern Irrigation District had asked him to sit on a committee that would deal with issues regarding the Bow River. Other members of this committee include the City of Calgary, the Bow River Basin Committee, Alberta Water Research, Alberta Agriculture & Food, Trout Canada, Ducks Unlimited, the Eastern and Western Irrigation Districts, and the M.D. of Rocky View. There will be 6 or 7 meetings between now and December. The Chief Administrative Officer indicated that the committee has requested $5,000.00 from the County of Newell, and noted that the committee will be beneficial with regards to water quality though perhaps not directly to the County of Newell. ARRIVED AT MEETING M. Harbicht arrived at 3:11 p.m. Council acknowledged the importance of water quality and requested that more information regarding the committee be obtained. The Chief Administrative Officer indicated that he would report back to Council following the next meeting of this committee to determine whether or not to continue. Regular Council Minutes Page 12 June 10, 2010 X. INFORMATION ITEMS 1. Letter from Alberta Transportation Re: 2010 Rural Transportation Grant This item was accepted as information. 2. Alberta Motor Association — Directions 2009 -2012 This item was accepted as information. 3. AltaLink 2009 Report to Communities This item was accepted as information. 4. ATCO Electric — Eastern Alberta HVDC Transmission Project This item was accepted as information. XI. QUESTION PERIOD/NOTICE OF MOTION A question period and notice of motion was held. Reeve M. Douglass indicated that the barbecue for local physicians and their families that had been scheduled for June 16, 2010 has been postponed. Councillor 1. Schroeder requested a discussion regarding how to address roads, drainage, and wastewater in hamlets. LEFT THE MEETING P. Grigaitis left the meeting at 3:23 p.m. The Chief Administrative Officer indicated that the costs have been anticipated for the work and funding has been applied for under the Alberta Municipal Water/Wastewater Partnership program. This item will be discussed further during the first Council meeting in July. Councillor W. Daniels asked about the compensation for training referred to in the Regional Assessment Review Board agreement. Regular Council Minutes Page 13 June 10, 2010 C LEFT THE MEETING S. Stanway left the meeting at 3:27 p.m. The Assistant Administrator provided clarification regarding the compensation rates for Assessment Review Board members. LEFT THE MEETING A. Nielsen left the meeting at 3:30 p.m. XII. IN CAMERA C- 246/10 MOVED BY COUNCILLOR A.M. PHILIPSEN that we move in camera at 3:30 p.m. to discuss a land issue. MOTION CARRIED C C- 247/10 MOVED BY COUNCILLOR R. ANDREWS that we move out of camera at 4:00 p.m. MOTION CARRIED XIII. ADJOURN Being that the agenda matters have been concluded, the meeting adjourned at 4:00 p.m. Signed this I day of , 2010 Reeve 1 ---- inistrator c