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HomeMy WebLinkAbout2012-09-20 Council (Regular) Minutes COUNTY OF NEWELL MINUTES OF Regular Council September 20, 2012 The regular Council Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, September 20, 2012 commencing at 10:02 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: K. Stephenson, Chief Administrative Officer L. Johnson, Assistant Administrator A. Wickert, Manager of Planning & Development D. Horvath, County Planner - ORRSC T. Green, Agricultural Fieldman M. Harbicht, Superintendent of Public Works A. Nielsen, Executive Assistant OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: R. Juska, Newell Regional Solid Waste Management Authority (NRSWMA) R. Ftichar, Homes By Us K. Snyder, Scheffer Andrew Ltd. J. Johansen, Scheffer Andrew Ltd. 5 County Ratepayers 1. CALL TO ORDER Reeve M. Douglass called the meeting to order at 10:02 a.m. 2. EXCUSED FROM MEETING All members were in attendance at this meeting. Regular Council September 20,2012 A 3. ADOPTION OF MINUTES Nato a. Minutes - Council (September 6, 2012) C-281/12 MOVED BY COUNCILLOR A. EASTMAN that the September 6, 2012 Council Meeting minutes be adopted as presented. MOTION CARRIED b. Minutes - Council (April 21, 2011) An error has been discovered in Motion C-147/11 from the April 21, 2011 Council Meeting minutes. The option approved was A-1, rather than A-2. C-282/12 MOVED BY COUNCILLOR R. ANDREWS that Motion C-147/11 from the April 21, 2011 Council Meeting minutes be corrected to read as follows: "MOVED BY COUNCILLOR B. DE JONG that administration proceed with the land acquisition required for the construction of the East-West portion of the Proposed Truck Route for the level crossing for the 18-4 (A-1) option, with funding from the Paving Reserve. MOTION CARRIED" MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS Reeve M. Douglass called for post agenda items. 5. ADOPTION OF AGENDA C-283/12 MOVED BY COUNCILLOR A.M. PHILIPSEN that the agenda be adopted as presented. MOTION CARRIED 8. AGRICULTURAL BUSINESS a. Agricultural Fieldman's Report (September 2012) The Agricultural Fieldman presented his report for September 2012, giving an overview of the highlights. He noted the South Region ASB Conference is scheduled for November 1, 2012 and will be hosted by Vulcan County. More information will be forwarded when it becomes available. The Agricultural Fieldman responded to questions from Council. Councillor B. de Jong asked about usage statistics for Emerson Bridge Park. The Agricultural Fieldman Page 2 of 15 (5. a.. .ti ..>«� _ N.w. r Regular Council September 20,2012 replied that they have not calculated the numbers for September, but they are higher than last year. He gave an overview of feedback received about the park, which was generally positive, and suggested that they could improve by conducting more inspections in the future. Councillor A. Eastman asked how Agricultural Services determines what rental equipment to offer. The Agricultural Fieldman replied that they avoid competing with local rental equipment providers and provided examples of rental equipment that fits within the Acts. Councillor A. Eastman suggested a wire roller for old fencing and small tree movers. The Agricultural Fieldman responded to further questions from Council. LEFT THE MEETING Councillor L. Juss left the meeting at 10:20 a.m. 9. ADMINISTRATIVE BUSINESS a. ORRSC Finance Committee Report & Recommendations Council was presented with the 2012 ORRSC Finance Committee Report & Recommendations. The Chief Administrative Officer indicated that he had attended a meeting between municipal CAD's and ORRSC to review this report. He indicated that there was support for the long term sustainability initiative, but some concerns were raised regarding the cap on fees and basing the fees on equalized assessment. Discussion followed. C-284/12 MOVED BY COUNCILLOR I. SCHROEDER that the County of Newell accepts the recommendations as presented in the ORRSC Finance Committee Report & Recommendations. MOTION CARRIED b. Rural Living Guide Brochure The Manager of Planning & Development presented background information on this item and responded to questions from Council. ARRIVED AT MEETING Councillor L. Juss returned at 10:26 a.m. Council reviewed the proposed Rural Living Guide brochure and suggested amendments. Councillor A.M. Philipsen asked how the brochure would be distributed. The Manager of Planning & Development replied that it would be ,,nom given to anyone who comes in to apply for a permit. Printed copies will be Page 3 of 15 Regular Council September 20,2012 available at the front counter and an electronic version will be available on the website. Councillor M. Nesbitt suggested including more contact information in the brochure and suggested that the brochures be made available from real estate offices and possibly the Brooks & District Public Library. The Manager of Planning & Development responded to further questions from Council. c. County Newsletter Review (September/October 2012) Council reviewed the proposed County newsletter for September/October 2012 and suggested amendments. e. Fire & Emergency Services Review Process The Assistant Administrator presented background information on this item and responded to questions from Council. A meeting to discuss the Fire & Emergency Services Review will be held in Council Chambers on October 23, 2012 beginning at 11:30 a.m. for those Councillors who missed the meeting on September 11, 2012 and at 1:00 p.m. for all Councillors. f. House of Commons - Request for Support of Private Members Motion M-400 This item was accepted as information. g. Request for Proclamation - Restorative Justice Week 2012 (November 18-25, 2012) Council was presented with background information on this item. C-285/12 MOVED BY COUNCILLOR A.M. PHILIPSEN that the County of Newell hereby proclaims November 18-25, 2012 as "Restorative Justice Week 2012." MOTION CARRIED h. Foothills Little Bow Municipal Association Meeting (September 21, 2012) The Chief Administrative Officer distributed Agenda packages for this meeting, including a recently added resolution. Discussion followed regarding the Foothills Little Bow Municipal Association Meeting. i. Policy Review The Assistant Administrator presented background information on this item and responded to questions from Council. / Page 4 of 15 Regular Council September 20,2012 C-286/12 MOVED BY COUNCILLOR I. SCHROEDER that the following amended policies be adopted as presented: • 2012-PLG-013 (Councillor Compensation Review Committee) • 2012-PAD-024 (Accidents - Disciplining for Failure to Report) • 2012-PAD-052 (Assessment & Guidelines for Off-Site & Development Levies); further, that the following policies be rescinded: • Policy 0000-PAD-005 (Duties of Administrative Staff) • Policy 2008-PAD-037 (Computer Purchase Program). MOTION CARRIED j. Councillor Payment Sheets (August 2012) C-287/12 MOVED BY COUNCILLOR M. NESBITT that the August 2012 Councillor Payment Sheets be accepted with the amendments recommended by the Councillor Compensation Review Committee. MOTION CARRIED ARRIVED AT MEETING R. Juska arrived at 10:48 a.m. k. Cheque Register C-288/12 MOVED BY COUNCILLOR B. DE JONG that the Cheque Register be accepted. MOTION CARRIED d. Southern Alberta Energy from Waste Alliance (SAEWA) - Request for Expression of Interest R. Juska presented background information on this item. He displayed a map showing the member communities and the list of members. He also provided an explanation of the proposed facility with examples of similar facilities currently in use, including a cost comparison between burying garbage in a landfill and various methods of converting waste into energy. SAEWA is currently requesting Expression of Interest documents from communities that would be willing to host such a facility. R. Juska suggested that the County of Newell would be a good location for an energy-from-waste facility. Council was given the opportunity to ask questions. R. Juska provided an explanation of the revenue and materials that would be included. Councillor M. Nesbitt asked if there was room for an energy-from-waste facility at the landfill site and R. Juska suggested that there were other potential sites if the Page 5 of 15 Regular Council September 20,2012 landfill site is not large enough. He gave an explanation of the minimal emissions generated by these plants. ARRIVED AT MEETING 4 County Ratepayers arrived at 11:19 a.m. R. Juska responded to further questions from Council. C-289/12 MOVED BY COUNCILLOR R. ANDREWS that the County of Newell submits a letter to the Southern Alberta Energy from Waste Alliance (SAEWA) expressing interest in being a host community for an Energy-from-Waste Facility. MOTION CARRIED LEFT THE MEETING R. Juska left the meeting at 11:20 a.m. 8. AGRICULTURAL BUSINESS - CONTINUED a. Agricultural Fieldman's Report (September 2012) - continued C-290/12 MOVED BY COUNCILLOR R. ANDREWS that the Agricultural Fieldman's Report be accepted as presented. MOTION CARRIED 7. BYLAWS a. Bylaw 1755-12 - Land Use Bylaw The County Planner provided information to Council regarding setbacks from property lines in other municipalities. LEFT THE MEETING Councillor J. Bulger left the meeting at 11:22 a.m. She indicated that all the municipalities she surveyed have setbacks of 20'or 25' from the property line. Regarding the setbacks from water bodies, she indicated that she had contacted the Eastern Irrigation District and they would be discussing this item during their September 25, 2012 board meeting. Amok Page 6 of 15 c). Regular Council September 20,2012 ARRIVED AT MEETING 1 County Ratepayer arrived at 11:24 a.m. The County Planner suggested that second reading be delayed until the EID has responded. ARRIVED AT MEETING Councillor J. Bulger returned at 11:24 a.m. The County Planner noted some other changes to the Land Use Bylaw that had been included in the updated report. ARRIVED AT MEETING R. Ftichar, K. Snyder, and J. Johansen arrived at 11:26 a.m. Discussion followed regarding the setbacks from property lines and the County Planner responded to questions from Council. It was noted that a larger setback is preferable if working space is required at a later date and that developers can request a setback reduction in order to build closer to the property line. This item will be discussed further during the October 11, 2012 Council Meeting. C-291/12 MOVED BY COUNCILLOR B. DE JONG that we move into Public Hearing at 11:31 a.m. MOTION CARRIED 6. PUBLIC HEARINGS (COMMENCING AT 11:30 A.M.) a. Bylaw 1758-12 -ASP (Bantry Bay) Reeve M. Douglass called the Public Hearing to order at 11:31 a.m. Reeve M. Douglass reviewed the procedures that would be followed for the hearing. The Assistant Administrator stated that the intent of the Public Hearing is to hear representations on Bylaw 1758-12. The intent of this bylaw is to establish standards and requirements regarding the development and subdivision of lands described as NW& SW 32-17-14-W4 consistent with the grouped residential developments and corresponding land use designation. ..rte Page 7 of 15 i3 - Regular Council September 20,2012 Amok The County Planner provided background information on this item, noting that considerations are outlined in the report provided to Council. She indicated that the proposed ASP has been circulated to the required referral agencies and responses have been received. She also noted that two letters had been received from ratepayers, one being from a group expressing concerns with maintaining water quality. R. Ftichar, the applicant, provided background information on Homes By Us and an overview of their community design goals and commitments. J. Johansen addressed some of the concerns that had been brought up regarding the development, including an explanation of the planned storm water management facilities and the results of the Traffic Impact Assessment. He explained that they would prefer the peninsula road have a width of 6m to keep the traffic speed on that road low, but they would comply if the County preferred an 8m wide road. He also explained that they would prefer to connect to the City of Brooks' sanitary sewer system, but the City requires that the County adopt the ASP before any decisions can be made. K. Snyder indicated that he was present to respond to any planning questions. Reeve M. Douglass informed those present that she may need to excuse herself during the hearing to attend another commitment during the lunch hour, and confirmed that if this was necessary, Deputy Reeve B. de Jong would assume the Chair. Amok J. Wetteskind indicated that she had sent the letter and articles to Council expressing concerns regarding development leading to contamination of water bodies. She requested that the County consider increasing setbacks from water bodies, reducing the density of future developments, and increase monitoring of fertilizer use. B. des Barres, introduced himself as a Commercial Mediator/Facilitator who had been asked to attend and present information on behalf of an adjacent landowner. He provided background information on verbal agreements and contracts that exist between the adjacent landowner and the previous owners of the proposed development site. He indicated that the adjacent landowner approves of the design and sensitivity to the environment, but they are requesting more land next to the boundary. LEFT THE MEETING Reeve M. Douglass left the meeting at 12:08 p.m. Deputy Reeve B. de Jong assumed the Chair. Page 8 of 15 • Regular Council September 20,2012 B. des Barres requested that Council considers ensuring the developers have complied with the terms of the existing contracts. M. Krafft asked how the County would ensure fire protection is a priority. The County Planner replied that these questions could be answered outside of the Public Hearing process. Council was given the opportunity to ask questions. K. Snyder replied that the County was responsible for enforcing the ASP, not land ownership issues. Regarding the concerns with water quality, the EID requires a 30m buffer between the property line and the lake. This will be maintained, as they want to preserve as much of the natural landscape as possible. He also noted that the developer agrees with and will follow the recommendations provided in the County Planner's report. J. Johansen commented on the water quality concerns, indicating that they were aware of the issues outlined in the letter and articles submitted by the group of ratepayers. He provided background information regarding Alberta Environment regulations for development pertaining to the removal of contaminants and particles from storm water, and indicated that a storm water management system has been designed to meet these requirements. He also outlined plans for the fire suppression system and architectural guidelines for fire protection. C-292/12 MOVED BY COUNCILLOR A.M. PHILIPSEN that we move out of Public Hearing at 12:18 p.m. MOTION CARRIED LEFT THE MEETING R. Ftichar, K. Snyder, J. Johansen, and 5 County Ratepayers left the meeting at 12:18 p.m. LUNCH Council RECESSED for lunch at 12:18 p.m. and RECONVENED at 1:00 p.m. ARRIVED AT MEETING R. Ftichar, K. Snyder, and J. Johansen arrived at 1:00 p.m. Page 9 of 15 7< , Regular Council September 20,2012 6. BYLAWS - CONTINUED b. Bylaw 1758-12 -ASP (Bantry Bay) The County Planner provided background information on this item, indicating that the report provided contains eight potential amendments for consideration before the bylaw is given second reading. Council was given the opportunity to ask questions. ARRIVED AT MEETING Reeve M. Douglass returned at 1:03 p.m. Discussion followed regarding the road to the park area and whether a change in width was necessary. J. Johansen explained plans to develop a day use area with camp kitchen facilities and a parking lot and that 6m is a standard width for urban lanes. The Chief Administrative Officer noted that the road must be wide enough for equipment when maintenance is required. The County Planner responded to further questions from Council and indicated that, if information is required for the decision that was not discussed during the Public Hearing, another Public Hearing may be required. Aomoot C-293/12 MOVED BY COUNCILLOR A.M. PHILIPSEN that Bylaw 1758-12, being a bylaw for the purpose of adopting the Bantry Bay Estates Area Structure Plan for Ptns. of NW & SW 32-17-15-W4, be given SECOND reading with amendments as follows: 1. That a policy be included that requires that a Traffic Impact Assessment be completed prior to the submission of a subdivision application. 2. That Section 8.4 (page 28) regarding the entering into water purposes agreement be amended to read that any agreement would be between the County and the EID. 3. That a policy be included to require architectural controls be developed for the commercial portions of the development. 4. That a policy be included that requires a long term maintenance strategy to be developed for the upkeep of parks, trails, recreation facilities which would be submitted in conjunction with a subdivision application. 5. That a policy be included that clarifies the type of water meters to be installed. 6. That the ASP be amended to include a minimum of two future road connections to the adjacent lands. 7. That the ASP be amended to include a dedicated road way located from the round-about found in Phase 5 (Figure 19) east to the property boundary for future access. MOTION CARRIED Amok Page 10 of 15 k./w ........:u.,>....c.aavvvuaar. r :a,>•r= .wrw:e>rs...w. Regular Council September 20,2012 Councillor M. Nesbitt asked about storm water regulations. The County Planner replied that Alberta Environment has responsibility for approvals and they will receive a storm water management plan for approval prior to construction. C-294/12 MOVED BY COUNCILLOR I. SCHROEDER that Bylaw 1758-12 be given THIRD and FINAL reading. MOTION CARRIED LEFT THE MEETING D. Horvath, A. Wickert, R. Ftichar, K. Snyder, and J. Johansen left the meeting at 1:17 p.m. Reeve M. Douglass assumed the Chair. 10. PUBLIC WORKS BUSINESS a. Policy Review The Superintendent of Public Works presented Council with several policies for review, giving an overview of the amendments made. In Policy 2012-PPW-033, Councillor A.M. Philipsen requested that the second sentence in item 5 be removed. The Superintendent of Public Works responded to questions specific to Cenovus traffic. C-295/12 MOVED BY COUNCILLOR L. JUSS that the following policies be adopted as presented: • 2012-PPW-001 (Moving of Over-Dimensional &/or Overweight Loads) • 2012-PPW-035 (Road Approaches) • 2012-PPW-044 (Road & Pipeline Crossings); further, that the following policies be adopted as amended: • 2012-PPW-033 (Signs); further, that the following policies be rescinded: • 1998-PPW-034 (Medical - Heavy Equipment Operators) • 1999-PPW-045 (Road Weight Permits). MOTION CARRIED b. Tender Award - Range Road 15-5 The Superintendent of Public Works presented background information on this item and responded to questions from Council. Page 11 of 15 (22 Regular Council September 20,2012 C-296/12 MOVED BY COUNCILLOR A. EASTMAN that Council accepts the low tender as submitted and awards the Range Road 15-5 paving project contract to Brooks Asphalt &Aggregate for the tendered price of$7,357,930.30 plus additional costs totaling $875,000.00. MOTION CARRIED c. Road Closure - Bridge File 75472 The Superintendent of Public Works presented background information on this item and responded to questions from Council. C-297/12 MOVED BY COUNCILLOR I. SCHROEDER that, in accordance with Section 24 of the Municipal Government Act, Chapter M26, RSA 2000, whereas the lands hereafter described are no longer required for public travel; therefore, be it resolved that the Council of the County of Newell does hereby close the following described road, subject to rights of access granted by other legislation or regulations: Road Plan 4310BM in SE 1/4 30-21-15-W4 MOTION CARRIED , The Superintendent of Public Works responded to further questions from Council regarding aggregate resources and signs for Emerson Bridge Park. LEFT THE MEETING M. Harbicht left the meeting at 1:39 p.m. 11. COMMITTEE REPORTS a. Grasslands Regional FCSS Councillor C. Amulung reported that, during the last meeting, the committee reviewed partner budgets and funding requests. b. Newell Recycling Association/Newell Regional Solid Waste Management Authority Councillor B. de Jong reported that collection from rural recycling pickup stations exceeds that of the City. c. Recreation Board (Division 5 & 10) Page 12 of 15 J ' Regular Council September 20,2012 Councillor M. Nesbitt reported that Alberta Culture Days starts next week and gave an overview of events that will be happening in the City. As well, there will be an open public meeting for those who want to provide feedback on arts and culture in Brooks. d. Veteran's Memorial Highway Development Safety Association Reeve M. Douglass provided an update on the work done by this committee. A meeting will be held in October with the Minister of Transportation and members of the group will also be attending the Ports-to-Plains Alliance Conference. C-298/12 MOVED BY COUNCILLOR B. DE JONG that Reeve M. Douglass be permitted to attend the Ports-to-Plains Alliance Conference in Medicine Hat, AB on October 2-4, 2012 as a function of Council. MOTION CARRIED e. Palliser Economic Partnership Reeve M. Douglass reported that she had attended the Annual General Meeting of the Palliser Economic Partnership with Councillor L. Juss and the Economic Development & Tourism Coordinator. Councillor L. Juss indicated there is value in supporting PEP and outlined some of the attractions they have helped develop in southern Alberta. f. Newell Foundation Reeve M. Douglass reported that the committee had cooked at two staff appreciation barbecues at the lodges. g. Reeve's Report Reeve M. Douglass reported on other events she had attended, including the SPEC Annual General Meeting, a citizenship ceremony, and the Rotary Club luncheon. h. County of Newell Water Project Councillor B. de Jong provided an update on the status of the water project in Duchess and Tilley. Councillor I. Schroeder indicated that he had received letters from Kinbrook Island Park residents expressing concerns with information given during the open house where they had been given incorrect information regarding the cost to hook onto the system. The Chief Administrative Officer provided additional information, indicating that Page 13 of 15 Regular Council September 20,2012 residents should have been told that connections were $7,000.00. LEFT THE MEETING Councillor J. Bulger left the meeting at 2:01 p.m. Discussion followed regarding connections and Councillor I. Schroeder responded to questions from Council. ARRIVED AT MEETING Councillor J. Bulger returned at 2:05 p.m. The Chief Administrative Officer responded to further questions and indicated that all groups should be provided with the same options regarding connecting to the system. He also noted that MPE Engineering has met with most of the residents of Kinbrook Island Park to clarify each landowner's situation. 12. POST AGENDA ITEMS There were no post agenda items to discuss at this meeting. 13. INFORMATION ITEMS a. Mini Bus Monthly Report (August 2012) This item was accepted as information. b. Strategic Priorities Chart This item was accepted as information. 14. QUESTION PERIOD/NOTICE OF MOTION A question period and notice of motion was held. Reeve M. Douglass requested information on regional enhancement projects from Councillors in divisions with urban municipalities. This information will be �� Page 14 of 15 Regular Council September 20,2012 way included in a presentation at the upcoming Creating Rural Connections conference. 15. IN CAMERA C-299/12 MOVED BY COUNCILLOR A.M. PHILIPSEN that we move in camera at 2:13 p.m. to discuss a land issue. MOTION CARRIED C-300/12 MOVED BY COUNCILLOR M. NESBITT that we move out of camera at 2:27 p.m. MOTION CARRIED 16. ADJOURN Being that the agenda matters have been concluded, the meeting adjourned at 2:27 p.m. 1 Signed this I r day of �G/-0 b p/Q , 2012 Reeve l /A • nt Administrator Page 15 of 15