HomeMy WebLinkAbout2018-08-09 Council (Regular) MinutesCOUNTY OF NEWELL
MINUTES OF REGULAR COUNCIL
August 9, 2018
The regular Council Meeting of the County of Newell was held in the County Office on Thursday,
August 9, 2018 commencing at 10:26 a.m.
MEMBERS Molly Douglass, Reeve
PRESENT:
COUNCILLORS: C. Amulung
H. Kallen
T. Fyfe
K. Christman
E. Unruh
B. de Jong
L. Juss
ABSENT: A.M. Philipsen
W. Hammergren
STAFF: K. Stephenson, Chief Administrative Officer
L. Johnson, Director of Corporate Services
A. Wickert, Manager of Planning & Development
D. Horvath, County Planner
S. Simpson, Development Clerk
K. Halsted, County Assessor
T. Green, Director of Agricultural Services
M. Harbicht, Director of Municipal Services
G. Tiffin, Manager of Engineering Services
A. Nielsen, Executive Assistant
OTHERS IN S. Stanway, Brooks Bulletin
ATTENDANCE: J. Pittman, County Ratepayer
K. Steinley, Newell Regional Services Corporation
C. Davies, Cor4 Oil Corp.
A. Powell, Cor4 Oil Corp.
O. Shantz, North Headgates Area Redevelopment
1. CALL TO ORDER
Reeve M. Douglass called the meeting to order at 10:26 a.m.
2. EXCUSED FROM MEETING
C-231/18 MOVED BY COUNCILLOR KELLY CHRISTMAN that Councillor A.M./I hili en; a d
Councillor W. Hammergren be excused from the meeting. r
m6TION IE
Regular Council
August 9, 2018
3. ADOPTION OF MINUTES
3.1 Minutes - Council (July 19, 2018)
C-232/18 MOVED BY COUNCILLOR ELLEN UNRUH that the July 19, 2018 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-233/18 MOVED BY COUNCILLOR CLARENCE AMULUNG that the agenda be adopted as
presented.
MOTION CARRIED
6. QUESTION PERIOD/NOTICE OF MOTION
A question period and notice of motion was held. No County ratepayers were in
attendance.
8. BYLAWS
8.2 Bylaw 1914-18 Road Closure & LEASE (SE & SW 6-21-18-W4)
The Director of Corporate Services provided background information on this item.
C-234/18 MOVED BY COUNCILLOR LIONEL JUSS that Bylaw 1914-18, being a bylaw for the
purpose of closing to public travel and LEASING that portion of the original Government
Road Diversion Plan 7257BM lying within SE & SW 6-21-18-W4, be given SECOND
reading.
MOTION CARRIED
C-235/18 MOVED BY COUNCILLOR HUBY KALLEN that Bylaw 1914-18 be given THIRD and
FINAL reading.
MOTION CARRIED
8.3 Bylaw 1915-18 Intermunicipal Collaboration Framework —
County of Newell & MD of Taber
The Director of Municipal Services provided background information on this item,
giving an overview of the amendments made to the agreement. Council was given
the opportunity to ask questions.
C-236/18 MOVED BY COUNCILLOR CLARENCE AMULUNG that Council APPROVES the
Intermunicipal Collaboration Framework Agreement between the County of Newell and
the Municipal District of Taber as amended.
1 MOTION CARRIED
\V
Page 2 of 13
Regular Council
August 9, 2018
C-237/18 MOVED BY COUNCILLOR TRACY FYFE that Bylaw 1915-18, being a bylaw to adopt
the County of Newell and Municipal District of Taber Intermunicipal Collaboration
Framework Agreement, be given SECOND reading.
MOTION CARRIED
C-238/18 MOVED BY COUNCILLOR KELLY CHRISTMAN that Bylaw 1915-18 be given THIRD
and FINAL reading.
MOTION CARRIED
8.4 Bylaw 1921-18 Intermunicipal Subdivision & Development Appeal Board
Agreement
The Director of Corporate Services provided background information on this item
and responded to questions from Council. It was noted that this version of the
agreement provides for Bassano, Duchess, and Rosemary to join the arrangement
which up to this time only included the County of Newell and the City of Brooks.
C-239/18 MOVED BY COUNCILLOR LIONEL JUSS that the Intermunicipal Subdivision &
Development Appeal Board Agreement be approved as presented.
MOTION CARRIED
C-240/18 MOVED BY COUNCILLOR HUBY KALLEN that Bylaw 1921-18, being a bylaw for the
purpose of establishing an Intermunicipal Subdivision & Development Appeal Board, be
given FIRST reading.
MOTION CARRIED
8.5 Bylaw 1922-18 Municipal Addressing
The Director of Corporate Services provided background information on this item,
indicating that the proposed amendments provide more flexibility for sign
placement by the landowners. He responded to questions from Council regarding
the penalty for sign removal. If there is more than one residence on the parcel,
this is indicated on the sign at the access but the residences themselves do not
have individual signs. The Director of Corporate Services indicated that, initially,
the County installed all the signs and periodic audits have been done since the
system was implemented. There are procedures in place that allow people to
report missing or damaged signs. The Director of Corporate Services
acknowledged that there could be cases where yards have been removed but the
signs remain because landowners are not required to notify the County when
buildings are being demolished.
ARRIVED AT MEETING
T. Green arrived at 10:43 a.m.
Discussion followed.
C-241/18 MOVED BY COUNCILLOR BRIAN DE JONG that Bylaw 1922-18,being a bylm o
purpose of implementing a municipal addressing system, be given FIRST readin
MOTION CARRI D
Page 3 of 13
Regular Council
August 9, 2018
C-242/18 MOVED BY COUNCILLOR ELLEN UNRUH that Bylaw 1922-18 be given SECOND
reading.
MOTION CARRIED
C-243/18 MOVED BY COUNCILLOR CLARENCE AMULUNG that consent be given for Bylaw
1922-18 to receive third reading this 9th day of August, 2018.
MOTION CARRIED UNANIMOUSLY
C-244/18 MOVED BY COUNCILLOR TRACY FYFE that Bylaw 1922-18 be given THIRD and
FINAL reading.
MOTION CARRIED
10. AGRICULTURAL SERVICES BUSINESS
10.1 ASB Update
The Director of Agricultural Services presented an update on the recent activities
of the Agricultural Services Department.
ARRIVED AT MEETING
K. Halsted arrived at 10:49 a.m.
Council was given the opportunity to ask questions. The Director of Agricultural
Services responded to questions regarding spraying and mowing, gopher control,
and the results of the river walk. He provided details regarding a TD Tree Days
event and invited Council to volunteer to plant trees at the Aqueduct Trout Pond
on September 22, 2018 from 9:00 a.m. to 12:00 p.m.
LEFT THE MEETING
T. Green left the meeting at 10:57 a.m.
ARRIVED AT MEETING
D. Horvath arrived at 10:57 a.m.
11. ADMINISTRATIVE BUSINESS
11.2 Update — Public Reserve Funding Request
The Director of Corporate Services provided background information on this
item. Council had previously approved the funding request in the amount of
$2, 400.00 to relocate the stone gates and pillars to the CPR Engineer's House and
Evergreen Park but the work was not completed. Reeve M. Douglass provided
further background information. The Director of Corporate Services responded to
further questions, indicating that an alternate location has been chosen at the
entrance to the Crop Diversification Centre.
Page 4 of 13
Regular Council
August 9, 2018
ARRIVED AT MEETING
J. Pittman arrived at 11:02 a.m.
The Director of Corporate Services indicated that the Crop Diversification Centre
has approved the location but will not be providing any funding for the
project. Discussion followed.
C-245/18 MOVED BY COUNCILLOR BRIAN DE JONG that the request from K. Ramer for the
relocation of masonry work to the entrance of the Crop Diversification Centre be
APPROVED in the amount of up to $2,400.00 with funding from the Public Reserve.
MOTION CARRIED
9. DELEGATIONS
9.1 Road Closure - Hamlet of Cassils (SW 5-19-15-W4) - J. Pittman
J. Pittman provided background information on this item, indicating that she spoke
to the Manager of Planning & Development in April 2018 and was given a cost of
$1, 500.00 for the section of road allowance to be closed. During the July 5, 2018
Council meeting, the market value of the section of road allowance was reported
to be $52, 700.00 per acre - $18, 445.00 for the 0.35-acre portion of road allowance
to be closed. J Pittman reported that her own research on land values leads her
to believe that the cost for that section of road allowance should be around
$1,900.00 as it is unserviced. She requested clarification on why that section of
road allowance has a market value of $18, 445.00.
The County Assessor explained that assessment is based on the sale of similar
properties for up to three years prior. In this case, he was able to take the value
of the purchase price of the applicant's existing property and subtract the value of
the residence, which resulted in a value of $32, 800.00 for a 0.34-acre parcel. A
45% reduction was applied due to the shape of the road allowance parcel, which
resulted in the $18,445.00 market value figure. The County Assessor indicated
that an appraisal from 2014 shows a range of $37, 000.00 - $50, 000.00 per
acre. He indicated that $18, 455.00 is a fair price for the section of road allowance.
Council was given the opportunity to ask questions. The County Assessor
responded to questions, indicating that services are included in the assessment of
parcels within a hamlet. He indicated that a further reduction could be applied as
the road allowance would not be serviced and requested additional time to prepare
an amended assessment.
The Chief Administrative Officer indicated that a property to be sold for less than
market value must be advertised, as such, per Municipal Government Act. The
Manager of Planning & Development indicated that it is possible for a municipality
to adopt a policy that establishes what is to be considered market value. She
indicated that the $1, 500.00 price quoted to the applicant is the cost associated
with the surveying, consolidation, and registration at Land Titles of the Road
allowance. She apologized for the misunderstanding.
r
J. Pittman indicated that she understood that the cost of th8 road allowan e w
to be $1,500.00 and did not receive a response from the Manager of Pla ping
Page 5 of 13
Regular Council
August 9, 2018
Development when she questioned the discrepancy. She quoted the MLS listing
number for an unserviced parcel of land that she used to determine a value for the
value of the road allowance. The County Assessor indicated that the listing is for
a farm parcel and these are assessed differently than urban hamlet parcels.
Discussion followed regarding what establishes market value. The Chief
Administrative Officer provided further information on selling land for less than
market value. The County Assessor responded to questions regarding the
assessment of services, indicating that there is an increased cost associated with
servicing rural parcels whereas urban parcels can typically just hook on to existing
services. Discussion followed regarding the definition of hamlet and comparing
Cassils to Lake Newell Resort. The County Assessor replied that all hamlets are
based on a provincial standard. J. Pittman responded to questions regarding the
septic field on the parcel that they own.
The County Planner suggested that the potential for development be considered
when determining market value. Road allowance parcels are often not conducive
to development on their own and are consolidated with adjacent parcels. Council
agreed to postpone further discussion on this item to allow the County Assessor
to prepare a revised market value figure.
ARRIVED AT MEETING
K. Steinley arrived at 11:41 a.m.
The County Assessor responded to further questions regarding the assessment of
services for parcels within hamlets. Further discussion on this item was postponed
until later during this meeting.
C-246/18 MOVED BY COUNCILLOR TRACY FYFE that we move into Public Hearings at
11:44 a.m.
MOTION CARRIED
LEFT THE MEETING
K. Halsted and J. Pittman left the meeting at 11:45 a.m.
7. PUBLIC HEARINGS
7.1 Bylaw 1916-18 Road Closure & LEASE
(East of Blk 4 Plan 9010889 - Hamlet of Tilley)
Reeve M. Douglass called the Public Hearing to order at 11:45 a.m.
Reeve M. Douglass did not review the procedures that would be followed for the
hearing as there were no new persons in attendance.
The Manager of Planning & Development stated that the intent of the Public
Hearing is to hear representations on Bylaw 1916-18. The intent of this bylaw is
to close and LEASE that portion of road allowance (alley) in the Hamlet of Tilley
Page 6 of 13
Regular Council
August 9, 2018
east of Block 4, Plan 9010889, starting at 3rd Avenue E and continuing northeast
for 32 m.
The Manager of Planning & Development provided background information on this
item, indicating that a copy of the document had been circulated to all adjacent
landowners as well as to a list of affected agencies. No responses were received
from adjacent landowners. The Director of Corporate Services indicated that he
responded to a phone call received yesterday from an adjacent landowner who
was concerned about the access to the rear of her property. He responded with
an aerial photo showing the portion of road allowance to be closed and addressed
their concerns. All responses have been received from the required referrals and
none have indicated any objections.
There were no persons in attendance speaking either in favor of or in opposition
to the proposed bylaw.
Council was given the opportunity to ask questions.
C-247/18 MOVED BY COUNCILLOR HUBY KALLEN that we move out of Public Hearings at
11:47 a.m.
MOTION CARRIED
8. BYLAWS — continued
8.1 Bylaw 1916-18 Road Closure & LEASE
(East of Bilk 4 Plan 9010889 - Hamlet of Tilley)
A8/18 MOVED BY COUNCILLOR KELLY CHRISTMAN that Bylaw 1916-18 being a bylaw for
the purpose of closing to public travel and LEASING that portion of road allowance (alley)
in the Hamlet of Tilley east of Block 4, Plan 9010889, starting at 3rd Avenue E and
continuing northeast for 32m, be given FIRST reading.
MOTION CARRIED
LEFT THE MEETING
A. Wickert and D. Horvath left the meeting at 11:49 a.m.
12. MUNICIPAL SERVICES BUSINESS
12.2 Utilities - NRSC Report (K. Steinley)
K. Steinley presented The Utilities - NRSC Report to Council, giving an overview
of the highlights. Council was given the opportunity to ask questions. K. Steinley
responded to questions regarding an incident involving the dumping of plastic
containers into the sewer, water plant capacity, and water needs for the proposed
mar#uana production facility.
LEFT THE MEETING
K. Steinley left the meeting at 12:00 p.m.
Page 7 of 13
Regular Council
August 9, 2018
LUNCH
Council RECESSED for lunch at 12:00 p.m. and RECONVENED at 12:58 p.m.
ARRIVED AT MEETING
O. Shantz, M. Harbicht, and G. Tiffin arrived at 12:58 p.m.
11. ADMINISTRATIVE BUSINESS — continued
11.3 2018 Tax Sale & Public Auction
Council was presented with background information on this item.
C-249/18 MOVED BY COUNCILLOR HUBY KALLEN that the 2018 Tax Sale by Public Auction be
held on Wednesday, November 7, 2018 at 10:00 a.m. in the County of Newell Building
with cash or certified cheque only terms, and that the reserve bids for the 2018 Tax Sale
properties be set as recommended by Administration.
MOTION CARRIED
11.4 Set Date(s) for Review of Draft Budget
The Director of Corporate Services provided background information on this
item. Discussion followed, and it was determined that the budget review meeting
would be held on Thursday, November 1, 2018 beginning at 8:30 a.m. This
meeting will be advertised as open to the public.
11.5 Cheques for Payment
C-250/18 MOVED BY COUNCILLOR KELLY CHRISTMAN that cheque 186686 in the amount of
$667,203.12 and cheque 186694 in the amount of $1,349,185.83 be APPROVED.
MOTION CARRIED
11.6 Payment Register
C-251/18 MOVED BY COUNCILLOR LIONEL JUSS that the Payment Register be accepted.
MOTION CARRIED
11.7 Requests for Functions of Council
11.7.1 2018 Agricultural Service Board Tour - Wheatland County
(August 23, 2018)
C-252/18 MOVED BY COUNCILLOR BRIAN DE JONG that any Councillor be permitted to attend
the 2018 Agricultural Service Board Tour in Wheatland County on August 23, 2018 as a
function of Council.
MOTION CARRIED
RIVED AT MEETING
C. Davies, A. Powell, A. Wickert, and S. Simpson arrived at 1:03 p.m.
Page 8 of 13
Regular Council
August 9, 2018
11.1 Request to Waive Tax Penalties - Cor4 Oil Corp.
The Director of Corporate Services provided background information on this
item. C. Davies provided background information on Cor4 Oil Corp. and the
request to waive tax penalties. He acknowledged that the tax deadline was missed
and that processes have been adjusted to avoid this in the future. He requested
that the penalties be waived in consideration of the fact that payment in full was
submitted after the oversight was discovered. The Director of Corporate Services
responded to questions from Council, indicating that tax notices are typically
mailed out during the first week of May. Discussion followed.
C-253/18 MOVED BY COUNCILLOR CLARENCE AMULUNG that Council REFUSES the request
to waive the tax penalties in the amount of $28,739.38 applied to the Cor4 Oil Corp. tax
accounts.
MOTION CARRIED
Further discussion followed. C. Davies asked if the tax payment could be refunded
to free up the funds until the next tax penalty is applied in November. The Director
of Corporate Services provided information on the tax penalties set by bylaw and
cautioned Council about setting a precedent. Further discussion on this item was
postponed until later during this meeting.
LEFT THE MEETING
C. Davies and A. Powell left the meeting at 1:29 p.m.
9. DELEGATIONS — continued
9.2 Update - North Headgates Area Redevelopment Plan (O. Shantz)
The Director of Corporate Services provided background information on this
item. The proposal submitted by O. Shantz includes provisions for the required
septic tank upgrades to take place over a two-year period. The proceeds from
individual lot sales would be held in a trust account for the purpose of completing
these upgrades. The Director of Corporate Services requested direction from
Council on which proposed amendments to the Area Redevelopment Plan to
proceed with.
O. Shantz indicated that the goal of this proposal is to provide the County with the
security they need to ensure the upgrades will be completed while providing a fair
option for the residents. He explained the process for ensuring that the septic
tanks are inspected and upgraded, if necessary. He indicated that several
residents will likely continue renting their properties. The landowners will be
responsible for upgrading the tanks and rental rates will be adjusted to cover the
costs.
Council was given the opportunity to ask questions. O. Shantz responded to
questions from Council, indicating that the guarantee for individual holding tal7ks
to be installed by July 1, 2020 can be written into the development a reementr1b
e
provided justification for the proposed timeline, indicating that the pan willneregistered until January and road construction will likely occur in the summf
2019. Discussion followed regarding standardization of tank sizes. The County
Page 9 of 13
Regular Council
August 9, 2018
Planner indicated that the provincial code requires tank sizes based on the size of
the home and seasonal use is not considered. The Manager of Planning &
Development provided information regarding the inspection process. Inspections
are carried out by a qualified installer and existing tanks will have to be completely
emptied. The installer does not provide a certificate, only a letter stating that the
tank is acceptable together with an estimated remaining useful life. The Manager
of Planning & Development indicated that pump out and inspections could be done
between now and winter to determine how many tanks are in need of
replacement. O. Shantz noted that some of the tanks may need to be moved prior
to the registration of the plan. The Director of Corporate Services responded to
questions from Council regarding the timeline for the next steps, which include
meeting with O. Shantz to revise the Area Redevelopment Plan and adopting it
through a formal bylaw adoption process including a public hearing. He indicated
that tank inspection could proceed, but the final survey plan must be registered in
order to determine the appropriate location for the installation of the holding
tanks. The Manager of Planning & Development indicated that the names of
installers and inspectors can be provided. The individual tanks located on vacant
properties and properties that are to remain rental properties should be given
priority.
Discussion followed. O. Shantz summarized the advantages of the proposed
changes to the County as well as the landowners and residents. Council indicated
that the inspection process should begin in 2018 and that the individual holding
tanks must meet current standards. The County Planner suggested that the
development agreement that outlines the responsibilities of all parties be drafted
along with the revised ARP. O. Shantz responded to further questions from
Council.
C-254/18 MOVED BY COUNCILLOR ELLEN UNRUH that Administration staff proceed with formal
amendments to the approved North Headgates Area Redevelopment Plan in accordance
with the requested revisions submitted by O. Shantz. .
MOTION CARRIED
The Director of Corporate Services indicated that the next steps would be to meet
with O. Shantz to revise the North Headgates ARP which would be brought back
to a future Council meeting for further discussion.
LEFT THE MEETING
O. Shantz left the meeting at 2:10 p.m.
11. ADMINISTRATIVE BUSINESS — continued
11.7 Requests for Functions of Council — continued
11.7.2 Alberta Urban Municipalities Convention (September 26-28, 2018)
Council discussed which members should attend the 2018 AUMA
Convention.
J. Pittman returned at 2:12 p.m.
Page 10 of 13
Regular Council
August 9, 2018
C-255/18 MOVED BY COUNCILLOR LIONEL JUSS that Councillor E. Unruh and Councillor
H. Kallen be permitted to attend the Alberta Urban Municipalities Association Convention
in Red Deer, AB on September 26-28, 2018 as a function of Council.
MOTION CARRIED
12. MUNICIPAL SERVICES BUSINESS
12.1 Director of Municipal Services Report
The Director of Municipal Services presented his report to Council, giving an
overview of the highlights.
ARRIVED AT MEETING
K. Halsted arrived at 2:18 p.m.
The Director of Municipal Services responded to questions from Council regarding
the branding of vehicles and equipment installation on units acquired through the
agreement with Enterprise Fleet Management.
The Manager of Engineering Services provided an update on the SH873 paving
project and issues with drivers not following posted speed limits in construction
zones. He also provided information on the SH876 paving project, indicating that
they hope to tender the project in September and work on two bridge files over the
winter. The Manager of Engineering Services responded to questions from
Council.
C-256/18 MOVED BY COUNCILLOR TRACY FYFE that the Director of Municipal Services Report
and the Utilities - NRSC Report for July 2018 be APPROVED as presented.
MOTION CARRIED
LEFT THE MEETING
M. Harbicht and G. Tiffin left the meeting at 2:33 p.m.
9. DELEGATIONS — continued
9.1 Road Closure - Hamlet of Cassils (SW 5-19-15-W4) - J. Pittman — continued
The County Assessor provided an updated assessed value of $13,850.00 for the
road allowance to be closed, indicating that the age of the septic tank and field is
approximately 30 years. A reduction has been applied for the age of the septic
tank and field. He provided reasoning for this assessed value, indicating that it
falls within the range of the previously stated appraised value. If sold, the road
allowance will be consolidated with the adjacent parcel and new services will not
be installed.
- ;
Page 11 of 13
Regular Council
August 9, 2018
ARRIVED AT MEETING
M. Harbicht returned at 2:39 p.m.
Discussion followed. Council accepted the market value of $13,850.00 for the
portion of road allowance and indicated that the landowners must decide whether
to proceed with the road closure. The Manager of Planning & Development
suggested an amendment to the Road Allowance Closure Process , policy that
includes prices based on how value is assigned. The Manager of Planning &
Development responded to questions from Council. Council indicated that the
current policy is adequate.
LEFT THE MEETING
K. Halsted and J. Pittman left the meeting at 2:48 p.m.
11. ADMINISTRATIVE BUSINESS — continued
11.1 Request to Waive Tax Penalties - Cor4 Oil Corp. — continued
Council discussed the request from Cor4 Oil Corp. to refund the tax payment to be
remitted prior to the next tax penalty deadline in November. It was confirmed no
further action should be taken by the County on this matter..
13. POST AGENDA ITEMS
There were no post agenda items to discuss at this meeting.
14. INFORMATION ITEMS
14.1 Financial Information for the Period Ending June 30, 2018
This item was accepted as information.
14.2 Mini Bus Monthly Report (July 2018)
This item was accepted as information.
14.3 Upcoming Community Events
Council was provided a form to submit information for upcoming events in their
community.
Page 12 of 13
Regular Council
August 9, 2018
15. IN CAMERA
-257/18 MOVED BY COUNCILLOR LIONEL JUSS that we move in camera at 2:52 p.m. to
discuss the following matters:
• Legal - FOIPP Act Section 27.
MOTION CARRIED
C-258/18 MOVED BY COUNCILLOR HUBY KALLEN that we move out of camera at 3:43 p.m.
MOTION CARRIED
16. ADJOURN
Being that the agenda matters have been concluded, the meeting adjourned at 3:43 p.m.
Signed this D-1— day of 2018
Reeve
�unt Administrator
Page 13 of 13