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HomeMy WebLinkAbout2011-12-08 Council (Regular) Minutes COUNTY OF NEWELL MINUTES OF Regular Council December 8, 2011 The regular Council Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, December 8, 2011 commencing at 10:07 a.m. MEMBERS M. Douglass, Reeve PRESENT: COUNCILLORS: C. Amulung I. Schroeder A.M. Phillipsen R. Andrews M. Nesbitt J. Bulger A. Eastman B. de Jong L. Juss STAFF: L. Johnson, Assistant Administrator A. Wickert, Manager of Planning & Development M. Harbicht, Superintendent of Public Works A. Nielsen, Executive Assistant OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: R. Havinga, Newell Regional Services Corporation 1. CALL TO ORDER Reeve M. Douglass called the meeting to order at 10:07 a.m. 2. EXCUSED FROM MEETING All members were in attendance at this meeting. 3. ADOPTION OF MINUTES a. Minutes - Council (November 25, 2011) C-405/11 MOVED BY COUNCILLOR A. EASTMAN that the November 25, 2011 Council Meeting minutes be adopted as presented. MOTION CARRIED '4wr Regular Council December 8,2011 4. CALL FOR POST AGENDA ITEMS Reeve M. Douglass called for post agenda items. 5. ADOPTION OF AGENDA C-406/11 MOVED BY COUNCILLOR A.M. PHILIPSEN that the agenda be adopted as presented. MOTION CARRIED 6. BYLAWS a. Bylaw 1738-11 - Schedule of Fees The Assistant Administrator circulated additional background information on this item regarding hamlet water consumption and noted some amendments that had been made to the proposed bylaw. ARRIVED AT MEETING Councillor J. Bulger and M. Harbicht arrived at 10:10 a.m. 3 The Assistant Administrator gave an overview of the amendments made providing further clarification between the hamlet water systems and the County of Newell Water Project system and fees for shutting off water service. ARRIVED AT MEETING Councillor R. Andrews arrived at 10:15 a.m. He also indicated that, in the Public Works section, the $100.00 refund for road approach applications has been removed. Councillor M. Nesbitt inquired about the reference to Utilicorp in item E.6(d) and the Assistant Administrator indicated that would be changed to reference utility corporations in general. The Assistant Administrator provided a summary of the three main issues related to setting the utility rates, which are the need to implement a process for installing water meters and phasing in a uniform consumption based rate schedule for all hamlet residents, setting a differential fee applied for pressurized hamlet water service versus service received through the CNWP trickle system, and a gradual transition towards full cost recovery for potable water supply and operation of the water distribution and sewer collection Page 2 of 14 jv.) Regular Council December 8,2011 ,aw+ Stow, systems. He suggested that water meters could be installed in all hamlets during 2012 and then by 2013 they would be able to determine a rate based on consumption. Currently, only Lake Newell Resort has water meters installed, so the rate schedule must include provisions for a consumption- based fee applied to Lake Newell Resort and a consumption component to be applied in the rest of the hamlets. Discussion followed regarding the water usage statistics provided and it was noted that users of the CNWP system will be charged based on their use of up to 1.3 cubic meters of water per day and actual usage in the hamlets is much lower. The Assistant Administrator indicated that Scandia and Patricia have the highest reported water usage. Councillor R. Andrews suggested that bulk water fill stations could have been included in these statistics and expressed concerns with the level of water usage reported for Rainier. The Assistant Administrator indicated that meter installation will provide more accurate usage information and allow for the identification of inefficiencies. Councillor M. Nesbitt suggested that the information should be presented to the hamlet advisory boards, as the rate increase appears to be significant. Councillor C. Amulung inquired about funding for repairs and maintenance for 2012, and the Assistant Administrator indicated that this is included in the rates and the amount is based on information provided by Newell Regional Services Corporation for 2011. Councillor M. Nesbitt inquired about the utility power charge listed for Lake Newell Resort. Councillor I. Schroeder replied that Lake Newell Resort has an electric meter that is separate from the booster pumps required to distribute water to the other hamlets. The Assistant Administrator indicated that the proposal is to take all the costs and distribute them evenly between all customers on the water systems. Council expressed concerns with higher than average costs being reported for the hamlets of Lake Newell Resort, Patricia, Rainier and Scandia and the Assistant Administrator indicated that he would look into these. Discussion followed regarding how to phase in a uniform rate for all hamlet users that will reflect actual costs. The Assistant Administrator explained the two components to the fee - a base rate to cover operating costs and a rate for consumption. He indicated that, for hamlets other than Lake Newell Resort, the suggested base rate of $34.60 plus a consumption rate of 60 cents per cubic meter would equate to a combined monthly bill of$44.00 - $46.00 per month, which would be comparable to the rate set for CNWP users. Councillor M. Nesbitt expressed concerns regarding the proposed $2.00 per cubic meter consumption rate set for Lake Newell Resort residents, indicating that the consumption charge plus the new base rate would result in a considerable increase from the current rate. Discussion followed regarding whether or not it was possible to compare the hamlet water systems and the CNWP system, as they are two completely different water delivery systems. Councillor M. Nesbitt provided further information regarding costs and services provided in the Hamlet of Lake Newell Resort, indicating that the rates have allowed them to maintain some reserves. Councillor Page 3 of 14 Regular Council December 8,2011 A.M. Philipsen suggested that the rate could be phased in over a number of years. Discussion followed regarding the possibility of incorporating the costs associated with providing sewer services and it was determined that not all residents have the same services, so creating a single rate for all services could be difficult. Reeve M. Douglass asked if accurate information regarding actual water consumption would be available by this time next year. The Assistant Administrator replied that information may be available for some of the hamlets, but there will not be a clear trend for the calendar year. Councillor R. Andrews indicated that the proposed rates included in the bylaw were a good start and that more information would be available in the future. The Assistant Administrator responded to questions from Council and noted the rate that has been in effect for the past three years in comparison to the proposed rates. Reeve M. Douglass inquired about the possibility of regionalizing local improvements and discussion followed. Councillor I. Schroeder indicated that new infrastructure is paid for by local improvements, where repairs would be paid regionally, and that NRSC is not taking responsibility for any of the actual infrastructure. He suggested that CNWP rates have been guaranteed until 2015 and suggested that hamlet water rates be phased in until 2015 as well. ARRIVED AT MEETING R. Havinga arrived at 11:33 a.m. The Assistant Administrator suggested that the consumption rate for Lake Newell Resort be based on actual consumption and the rate for the other hamlets be based on estimated consumption. Councillor I. Schroeder suggested that $1.00 per cubic meter would be more accurate for the provision of pressurized water. Discussion followed regarding the proposed rates and concerns were expressed with not making a decision without having accurate information regarding the amount of water used by the bulk water fill stations. The Assistant Administrator indicated that he would obtain information regarding the truck fills, the impact that potable water used for surface irrigation in Patricia has on consumption within that hamlet, and the utility power charges at Lake Newell Resort. Information will also be provided based on a water consumption rate of$1.00 per cubic meter. This item will be brought back for further discussion at the December 22, 2011 Council meeting. LEFT THE MEETING Councillor L. Juss left the meeting at 11:55 a.m. 3 Page 4 of 14 Regular Council December 8,2011 *two- PUBLIC WORKS BUSINESS a. Utilities - NRSC Report R. Havinga presented the Utilities - NRSC Report to Council, giving an overview of the highlights. R. Havinga responded to questions from Council. ARRIVED AT MEETING Councillor L. Juss returned at 12:05 p.m. LUNCH Council RECESSED for lunch at 12:05 p.m. and RECONVENED at 1:05 p.m. 6. BYLAWS - CONTINUED b. Bylaw 1737-11 -Water & Sewer Services The Assistant Administrator presented background information on this item, indicating that the Technical Manager has requested that third reading be postponed until Bylaw 1737-11 has been reviewed by the CNWP Steering Committee. This item will be discussed further during the December 22, 2011 Council Meeting. c. Bylaw 1739-11 - 11 LUA 005 Ptn. Lot 1, Blk 11, Plan 101 3498 (NE 32-19-14-W4) - Division 10 A -Agricultural to CR - Country Residential District The Manager of Planning & Development presented background information on this item and responded to questions from Council. C-407/11 MOVED BY COUNCILLOR A.M. PHILIPSEN that Bylaw 1739-11, being a bylaw to amend Land Use Bylaw 1626-07 by rezoning approximately 1.3 acres (0.52 hectares) in NE 32-19-14-W4 from A - Agricultural District to CR - Country Residential District, be given FIRST reading. MOTION CARRIED d. Bylaw 1740-11 - Litter The Assistant Administrator provided background information on this item and responded to questions from Council. Nkomo- Page 5 of 14 �- Regular Council December 8,2011 C-408/11 MOVED BY COUNCILLOR I. SCHROEDER that Bylaw 1740-11, being a bylaw for the purpose of preventing littering from the operations of a landfill site, transfer station, or from a vehicle transporting solid waste to these sites, be given FIRST reading. MOTION CARRIED C-409/11 MOVED BY COUNCILLOR C. AMULUNG that Bylaw 1740-11 be given SECOND reading. MOTION CARRIED C-410/11 MOVED BY COUNCILLOR A.M. PHILIPSEN that consent be given for Bylaw 1740-11 to receive third reading this 8th day of December, 2011. MOTION CARRIED UNANIMOUSLY C-411/11 MOVED BY COUNCILLOR M. NESBITT that Bylaw 1740-11 be given THIRD and FINAL reading. MOTION CARRIED e. Bylaw 1741-11 - Highways, Control & Regulation of The Assistant Administrator presented background information on this item 3 and responded to questions from Council. C-412/11 MOVED BY COUNCILLOR A. EASTMAN that Bylaw 1741-11, being a bylaw for the purpose of controlling and regulating the use of highways within the County of Newell, be given FIRST reading. MOTION CARRIED C-413/11 MOVED BY COUNCILLOR L. JUSS that Bylaw 1741-11 be given SECOND reading. MOTION CARRIED C-414/11 MOVED BY COUNCILLOR R. ANDREWS that consent be given for Bylaw 1741-11 to receive third reading this 8th day of December, 2011. MOTION CARRIED UNANIMOUSLY C-415/11 MOVED BY COUNCILLOR B. DE JONG that Bylaw 1741-11 be given THIRD and FINAL reading. MOTION CARRIED 3 Page 6 of 14 Regular Council December 8,2011 f. Bylaw 1742-11 - Unauthorized Road Use Development The Assistant Administrator provided background information on this item and responded to questions from Council. C-416/11 MOVED BY COUNCILLOR M. NESBITT that Bylaw 1742-11, being a bylaw for the purposes of controlling and managing developments on and use of roads and prohibiting the unauthorized use of and damage to roads, be given FIRST reading. MOTION CARRIED C-417/11 MOVED BY COUNCILLOR A.M. PHILIPSEN that Bylaw 1742-11 be given SECOND reading. MOTION CARRIED C-418/11 MOVED BY COUNCILLOR A. EASTMAN that consent be given for Bylaw 1742-11 to receive third reading this 8th day of December, 2011. MOTION CARRIED UNANIMOUSLY C-419/11 MOVED BY COUNCILLOR L. JUSS that Bylaw 1742-11 be given THIRD and FINAL reading. MOTION CARRIED g. Bylaw 1743-11 - Road Allowances, Sprinkling of The Assistant Administrator presented background information on this item and responded to questions from Council. Discussion followed regarding the definition of 'driving surface' and 'developed road allowance.' The Assistant Administrator indicated that the Community Peace Officer would use judgment when laying charges under this bylaw and noted that the intent is to protect infrastructure maintained by the County. C-420/11 MOVED BY COUNCILLOR B. DE JONG that Bylaw 1743-11, being a bylaw to prohibit the sprinkling of water on the driving surface of road allowances by irrigation sprinklers, be given FIRST reading. MOTION CARRIED C-421/11 MOVED BY COUNCILLOR M. NESBITT that Bylaw 1743-11 be given SECOND reading. MOTION CARRIED C-422/11 MOVED BY COUNCILLOR I. SCHROEDER that consent be given for Bylaw Page 7of14 Regular Council December 8,2011 1743-11 to receive third reading this 8th day of December, 2011. MOTION NOT CARRIED UNANIMOUSLY h. Bylaw 1744-11 - Off-Highway Vehicles Operating Within Road Allowances The Assistant Administrator presented background information on this item and responded to questions from Council. C-423/11 MOVED BY COUNCILLOR L. JUSS that Bylaw 1744-11, being a bylaw to allow off-highway vehicles to operate within certain portions of County road allowances, be given FIRST reading. MOTION CARRIED C-424/11 MOVED BY COUNCILLOR A.M. PHILIPSEN that Bylaw 1744-11 be given SECOND reading. MOTION CARRIED C-425/11 MOVED BY COUNCILLOR M. NESBITT that consent be given for Bylaw 1744-11 to receive third reading this 8th day of December, 2011. MOTION CARRIED UNANIMOUSLY 0 C-426/11 MOVED BY COUNCILLOR R. ANDREWS that Bylaw 1744-11 be given THIRD and FINAL reading. MOTION CARRIED i. Bylaw 1745-11 - Noise (Hamlets) The Assistant Administrator presented background information on this item and responded to questions from Council. Discussion followed regarding whether to expand the bylaw to also apply within the Hamlets of Gem, Cassils, Millicent, Bow City, and named subdivisions or to make it County- wide. The Manager of Planning & Development noted that hamlet boundaries would be discussed during the Land Use Bylaw meetings. Council inquired about the number of noise complaints received in the past, and the Superintendent of Public Works replied that he would investigate. C-427/11 MOVED BY COUNCILLOR A. EASTMAN that Bylaw 1745-11, being a bylaw to prohibit certain activities creating noise and to abate the incidence of noise and restrict the hours when certain sounds may be made, be given FIRST reading. MOTION CARRIED -1\1\1\jC. Page 8 of 14 Regular Council December 8,2011 C-428/11 MOVED BY COUNCILLOR R. ANDREWS that Bylaw 1745-11 be given SECOND reading. MOTION CARRIED C-429/11 MOVED BY COUNCILLOR B. DE JONG that consent be given for Bylaw 1745-11 to receive third reading this 8th day of December, 2011. MOTION NOT CARRIED UNANIMOUSLY j. Bylaw 1746-11 - Rescinds Bylaw 832-83 (Swimming in Hamlet Reservoirs, Prohibition of) The Assistant Administrator presented background information on this item and responded to questions from Council. The Superintendent of Public Works responded to further questions from Council. C-430/11 MOVED BY COUNCILLOR A.M. PHILIPSEN that Bylaw 1746-11, being a bylaw for the purpose of rescinding Bylaw 832-83 (Swimming in Hamlet Reservoirs, Prohibition of), be given FIRST reading. MOTION CARRIED C-431/11 MOVED BY COUNCILLOR I. SCHROEDER that Bylaw 1746-11 be given SECOND reading. MOTION CARRIED C-432/11 MOVED BY COUNCILLOR L. JUSS that consent be given for Bylaw 1746-11 to receive third reading this 8th day of December, 2011. MOTION CARRIED UNANIMOUSLY C-433/11 MOVED BY COUNCILLOR A. EASTMAN that Bylaw 1746-11 be given THIRD and FINAL reading. MOTION CARRIED 7. AGRICULTURAL BUSINESS a. Agricultural Fieldman's Report (November 2011) The Agricultural Fieldman's report for November 2011 was presented to Council. C-434/11 MOVED BY COUNCILLOR C. AMULUNG that the Agricultural Fieldman's Report be accepted as presented. MOTION CARRIED slime Page 9 of 14 Regular Council December 8,2011 8. ADMINISTRATIVE BUSINESS a. Road Closure -Approval to Proceed (Previously closed road allowances in 22-14-W4 & 22-15-W4) The Manager of Planning & Development presented background information on this item, indicating that the previous owner of the property had closed and leased the road and the current owner would prefer to purchase the road allowance. Council was given the opportunity to ask questions. Council expressed concerns regarding selling road allowances as this could result in problems if the land is required for future projects. C-435/11 MOVED BY COUNCILLOR B. DE JONG that Council accepts the application for and proceeds with the process for the closure and SALE of the portion of previously closed road allowance in Township 22, Ranges 14 and 15. MOTION DEFEATED b. Road Closure -Approval to Proceed (Ptn. of NW 11-21-17-W4) The Manager of Planning & Development presented background information on this item and responded to questions from Council. Councillor B. de Jong asked if consideration had been given to whether or not this road allowance would be required for regional water or CNWP projects. The Manager of Planning & Development indicated that MPE Engineering Ltd. and NRSC would be included in the circulations. The Manager of Planning & Development responded to further questions from Council. C-436/11 MOVED BY COUNCILLOR A. EASTMAN that Council accepts the application for and proceeds with the process for the closure and LEASE of the portion of road between NW 11-21-17-W4 and SW 14-21-17-W4. MOTION CARRIED c. Foothills Little Bow Municipal Association Meeting & Deadline for Resolutions Council was presented with information regarding the upcoming meeting of the Foothills Little Bow Municipal Association on January 20, 2012. The deadline for resolutions is January 6, 2012. LEFT THE MEETING A. Wickert left the meeting at 1:52 p.m. D Page 10 of 14 Regular Council December 8,2011 a; ,, d. Corporate Branding Council was presented with the results of the poll of County staff regarding their preference for a new logo, which included the five logos that received the highest number of votes. C-437111 MOVED BY COUNCILLOR R. ANDREWS that logo option 6, being the green shape of the County of Newell with a blue brush stroke representing a river, be adopted as the new County of Newell logo. MOTION DEFEATED Discussion followed and Council requested that ratepayers be consulted regarding their preference for the logo. Each logo should include a description regarding the meaning behind the symbols. Council also suggested that this would be a good launch for a social media presence for the County of Newell. e. Brooks Public Library 2012 Budget The Assistant Administrator presented background information on this item and responded to questions from Council. C-438/11 MOVED BY COUNCILLOR M. NESBITT that the 2012 funding request from the Brooks Public Library be referred to the County of Newell Municipal Library Board. MOTION CARRIED f. Funding Request - EID Historical Park The Assistant Administrator presented background information on this item and responded to questions from Council. C-439/11 MOVED BY COUNCILLOR R. ANDREWS that Council APPROVES the request from the EID Historical Park for funding in the amount of $5,000.00 for 2012. MOTION CARRIED Discussion followed regarding dealing with all annual funding requests at the same time. The Assistant Administrator indicated that he would investigate the history behind the funding contributions for museums in the County. Page 11 of 14 Regular Council December 8,2011 g. Councillor Payment Sheets (October 2011) C-440/11 MOVED BY COUNCILLOR A.M. PHILIPSEN that the October 2011 Councillor Payment Sheets be accepted with the amendments recommended by the Councillor Compensation Review Committee. MOTION CARRIED Discussion followed regarding the regional computer training courses that were being offered to Council and staff. C-441/11 MOVED BY COUNCILLOR J. BULGER that any Councillor be permitted to attend any of the Regional Computer Training Courses arranged by the County of Newell as a function of Council. MOTION CARRIED h. Cheques for Payment C-442/11 MOVED BY COUNCILLOR I. SCHROEDER that cheque 171572 in the amount of $1,174,818.33 be APPROVED. MOTION CARRIED i. Cheque Register Councillor A.M. Philipsen inquired about whether or not a process was in place to ensure funding granted to organizations was used for the intended purposes, citing a certain example. The Assistant Administrator indicated that he would investigate and responded to further questions from Council. C-443/11 MOVED BY COUNCILLOR L. JUSS that the Cheque Register be accepted. MOTION CARRIED 9. PUBLIC WORKS BUSINESS - CONTINUED b. Superintendent of Public Works Report The Superintendent of Public Works presented his report to Council, giving an overview of the highlights. The Superintendent of Public Works responded to questions from Council. Councillor C. Amulung expressed concerns with the condition of Highway 525. The Superintendent of Public Works indicated that he had met with Alberta Transportation and Volker Stevin to discuss maintenance activities and that he would follow up with them. He also indicated that taking over responsibility for Highway 525 could affect service )\1\14() levels in other areas. The Superintendent of Public Works provided an Aolit Page 12 of 14 Noir Regular Council December 8,2011 update on Bridge File 75926, which has been removed and will go to tender after a response is received from Alberta Transportation regarding funding levels. Reeve M. Douglass requested that Alberta Transportation be contacted regarding installation of larger signs on Highway 561 indicating the Duck Lake Road turnoff. C-444/11 MOVED BY COUNCILLOR R. ANDREWS that the Superintendent of Public Works report and the Utilities - NRSC Report for November 2011 be APPROVED as presented. MOTION CARRIED c. 2012 Fuel Tender The Superintendent of Public Works presented background information on this item and responded to questions from Council. C-445/11 MOVED BY COUNCILLOR C. AMULUNG that the tender for the supply and delivery of gasoline and diesel fuels to the County of Newell be awarded to South Country Co-op Ltd. based on the tendered price in effect from November 25, 2011; further, that the tender be awarded for a one (1) year period January 1, 2012 to December 31, 2012. MOTION CARRIED d. Range Road 15-5 The Superintendent of Public Works presented background information on this item. This item will be discussed during the in camera portion of this meeting. 10. POST AGENDA ITEMS There were no post agenda items to discuss at this meeting. 11. QUESTION PERIOD/NOTICE OF MOTION A question period and notice of motion was held. Page 13 of 14 Regular Council December 8,2011 12. IN CAMERA C-446/11 MOVED BY COUNCILLOR A.M. PHILIPSEN that we move in camera at 2:36 p.m. to discuss a land issue. MOTION CARRIED C-447/11 MOVED BY COUNCILLOR C. AMULUNG that we move out of camera at 3:30 p.m. MOTION CARRIED C-448/11 MOVED BY COUNCILLOR C. AMULUNG that staff proceed with two (2) meters of land acquisition along the east and west sides of Range Road 15-5 for the first 1.5 miles south from Highway 550 to accommodate the road paving project. Councillor A. Eastman requested a recorded vote. In Favor: Divisions 1, 2, 4, 6, 7, 9 Opposed: Divisions 3, 5, 8, 10 MOTION CARRIED LEFT THE MEETING Councillor I. Schroeder left the meeting at 3:41 p.m. 0 13. ADJOURN Being that the agenda matters have been concluded, the meeting adjourned at 3:41 p.m. ..,10 44 Signed thi day of e- .il /~ , 2011 ■ Reeve AMP. • 'dministrator .0 Page 14 of 14