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2019-09-05 Council (Regular) MinutesCOUNTY OF NEWELL MINUTES OF REGULAR COUNCIL September 5, 2019 The regular Council Meeting of the County of Newell was held in the County Office on Thursday, September 5, 2019 commencing at 10:58 a.m. MEMBERS M. Douglass, Reeve PRESENT: COUNCILLORS: C. Amulung H. Kallen A.M. Philipsen W. Hammergren T. Fyfe K. Christman B. de Jong L. Juss ABSENT: E. Unruh STAFF: K. Stephenson, Chief Administrative Officer L. Johnson, Director of Corporate Services M. Jackson, Supervisor of Planning & Development G. Tiffin, Manager of Planning, Development & Engineering M. Harbicht, Director of Municipal Services C. Hok, Environmental Services Supervisor J. Entz, Maintenance Supervisor - Agricultural Services & Facilities A. Nielsen, Executive Assistant OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: K. Steinley, Newell Regional Services Corporation D. Stabbler, County Ratepayer 1. 2. C-278/19 3. -279/19 CALL TO ORDER Reeve M. Douglass called the meeting to order at 10:58 a.m. EXCUSED FROM MEETING MOVED BY COUNCILLOR CLARENCE AMULUNG that Councillor E. Unruh be excused from the meeting. MOTION CARRIED ADOPTION OF MINUTES 3.1 Minutes - Council (August 8, 2019) MOVED BY COUNCILLOR HUBY KALLEN that the August 8, 2019 Coun ' ti g minutes be adopted as presented. MOTION CARRIED Regular Council September 5, 2019 4. CALL FOR POST AGENDA ITEMS Reeve M. Douglass called for post agenda items. 5. ADOPTION OF AGENDA C-280/19 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN 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 8.3 Bylaw 1947-19 Road Closure & LEASE (SW 16-21-18-W4) The Supervisor of Planning & Development provided further background information on this item and responded to questions from Council. ARRIVED AT MEETING M. Harbicht arrived at 11:02 a.m. C-281/19 MOVED BY COUNCILLOR TRACY FYFE that Bylaw 1947-19, being a bylaw for the purpose of closing to public travel and LEASING that portion of road allowance lying east of RR184 and adjacent to the west boundary of Lot 1 Block 1 Plan 0212411 in SW 16-21-18-W4, be given SECOND reading. MOTION CARRIED C-282/19 MOVED BY COUNCILLOR WAYNE HAMMERGREN that Bylaw 1947-19 be given THIRD and FINAL reading. MOTION CARRIED 8.4 Bylaw 1951-19 Road Closure & LEASE (NW 17-16-16-W4) The Supervisor of Planning & Development provided further background information on this item and responded to questions from Council. C-283/19 MOVED BY COUNCILLOR CLARENCE AMULUNG that Bylaw 1951-19, being a bylaw for the purposes of closing to public travel and LEASING that portion of road allowance between NW 17-16-16-W4 and NE 18-16-16-W4, be given SECOND reading. A( 0 MOTION CARRIED C 8 /19 MOVED BY COUNCILLOR LIONEL JUSS that Bylaw 1951-19 be given THIRD and FINAL reading. MOTION CARRIED Page 2 of 10 Regular Council September 5, 2019 10. ADMINISTRATIVE BUSINESS 10.1 Planning & Development Report The Supervisor of Planning & Development presented an update on the recent activities of the Planning & Development Department. Council was given the opportunity to ask questions. C-285/19 MOVED BY COUNCILLOR KELLY CHRISTMAN that the Planning & Development Report for August 2019 be accepted as presented. MOTION CARRIED ARRIVED AT MEETING G. Tiffin arrived at 11:07 a.m. 10.2 Subdivision Extension Request - 2017-0-131 (SE 30-20-12-W4) The Manager of Planning, Development & Engineering provided background information on this item and responded to questions from Council. C-286/19 MOVED BY COUNCILLOR KELLY CHRISTMAN that the request for a time extension to subdivision application 2017-0-131 be APPROVED for one year to September 5, 2020. MOTION CARRIED 10.3 Draft Intermunicipal Development Plan (City of Brooks) The Manager of Planning, Development & Engineering provided background information on this item. Key changes include: a reduced IDP Referral Area; referral process and response timelines have been adjusted to increase efficiency, addition of policies regarding entrance corridors and future road connections. The Manager of Planning, Development & Engineering indicated that ORRSC has provided their comments on the draft IDP. County staff met with Dillon Consulting Ltd. to review these comments. Council was given the opportunity to ask questions. The Manager of Planning, Development & Engineering explained that the IDP area lies mainly within the County and that the IDP is a plan for the City and County to work together on potential annexation, growth strategy, and City expansion. The Chief Administrative Officer indicated that this is a first draft and the City will be pr os/ng some amendments to the document. The County also has the oppo unity- to propose amendments. The Manager of Planning, Development & Eng eering responded to questions regarding the urban referral area, indicating tha Is remains the same as in the existing IDP. The Chief Administrative Officer indicated that he is not aware of many issues that have been raised by a rural municipality regarding development within the borders of a neighbouring urban Page 3 of 10 Regular Council September 5, 2019 municipality. Discussion followed regarding approval of residential developments near feedlots. The Manager of Planning, Development & Engineering responded to questions, indicating that the Natural Resources Conservation Board (NRCB) has minimum setbacks for feedlots adjacent to residential areas. He outlined the next steps in the process for the IDP and asked Council to forward specific comments or concerns to him or the Supervisor of Planning & Development. ARRIVED AT MEETING D. Stabbler arrived at 11:32 a.m. 7. PUBLIC HEARINGS C-287/19 MOVED BY COUNCILLOR LIONEL JUSS that we move into Public Hearings at 11:32 a.m. MOTION CARRIED 7.1 Bylaw 1956-19 Road Closure & LEASE (NW 24-23-18-W4 & SW 24-23-18-W4) Reeve M. Douglass called the Public Hearing to order at 11:32 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 Supervisor of Planning & Development stated that the intent of the Public Hearing is to hear representations on Bylaw 1956-19. The intent of this bylaw is to close and LEASE that portion of road allowance adjacent to the west boundary of NW 24-23-18-W4 and adjacent to the west boundary of SW 24-23-18-W4. The Supervisor 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. 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. 7.2 Bylaw 1957-19 Road Closure & LEASE (SW 17-16-16-W4 & SW 20-16-16-W4) Reeve M. Douglass called the Public Hearing to order at 11:35 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 Supervisor of Planning & Development stated that the intent of the Public Hearing is to hear representations on Bylaw 1957-19. The intent of this bylaw is to close and LEASE that portion of road allowance adjacent to the west boundary of SW 20-16-16-W4 and adjacent to the west boundary of SW 17-16-16-W4. Page 4 of 10 Regular Council September 5, 2019 The Supervisor 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. 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. The Supervisor of Planning & Development displayed on the map where the pivot would be installed. The portions of road allowance to be closed by this bylaw were not included in the previous bylaw because the adjacent parcels are crown land and further investigation was required. The Manager of Planning, Development & Engineering responded to questions regarding access to the river via TR162 and TR164. Closing TR163 does not affect access to the river. C-288/19 MOVED BY COUNCILLOR KELLY CHRISTMAN that we move out of Public Hearings at 11:41 a.m. MOTION CARRIED ARRIVED AT MEETING K. Steinley arrived at 11:41 a.m. 8. BYLAWS — continued 8.1 Bylaw 1956-19 Road Closure & LEASE (NW 24-23-18-W4 & SW 24-23-18-W4) C-289/19 MOVED BY COUNCILLOR WAYNE HAMMERGREN that Bylaw 1956-19, being a bylaw for the purpose of closing to public travel and LEASING that portion of road allowance adjacent to the west boundary of NW 24-23-18-W4 and adjacent to the west boundary of SW 24-23-18-W4 be given FIRST reading. MOTION CARRIED 8.2 Bylaw 1957-19 Road Closure & LEASE (SW 17-16-16-W4 & SE 19-16-16-W4) C-290/19 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that Bylaw 1957-19, being a bylaw for the purpose of closing to public travel and LEASING that portion of road allowance adjacent to the west boundary of SW 20-16-16-W4 and adjacent to the west boundary of SW 17-16-16-W4, be given FIRST reading. MOTION CARRIED LEFT THE MEETING G. Tiffin and M. Jackson left the meeting at 11:43 a.m. 11. MUNICIPAL SERVICES BUSINESS 11.1 Utilities - NRSC Report 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 Page 5 of 10 Regular Council September 5, 2019 responded to questions regarding the Scandia discharge, indicating that it must be done by October. He also responded to questions regarding water consumption, indicating that the average was high over the past few months with no large peaks or valleys. LEFT THE MEETING K. Steinley left the meeting at 11:48 a.m. 10. ADMINISTRATIVE BUSINESS — continued 10.6 Request to Consider Submitting a Resolution to Rural Municipalities of Alberta The Director of Corporate Services provided background information on this item. D. Stabbler indicated that, in order to regionalize or amalgamate, the municipalities involved must undergo dissolution which requires a vote of the ratepayers. The intent of the resolution is to give ratepayers the same rights and freedoms in the amalgamation process that they have in the dissolution process. He expressed concerns with the lack of ratepayer involvement in the amalgamation process. Allowing ratepayers to vote on whether municipalities amalgamate also communicates their position to their Council representative. The Director of Corporate Services responded to questions regarding the Village of Tilley dissolution. Residents of Tilley did vote, but it was not a binding plebiscite. Discussion followed regarding recent changes to the Municipal Government Act (MGA) that have added a public consultation requirement for municipalities to follow and strengthening ratepayer input into the operations of the municipality. D. Stabbler indicated that there is no requirement for municipalities to follow the direction given by the public consultation. D. Stabbler responded to questions, indicating that the requirement for a vote is included in the section of the MGA on dissolution but not in the section on amalgamation. The Chief Administrative Officer indicated that MGA Division 5 covers Amalgamation and Division 7 covers Dissolution. He explained the difference between amalgamation and dissolution, noting there are different rules for each. The proposed resolution is specific to amending Division 5 of the MGA. Discussion followed and Council indicated that further investigation of potential ramifications and legal consideration is required. D. Stabbler indicated that he had contacted other municipalities, including the Village of Rosemary and the MD of Taber, regarding submission of this resolution. This item will be discussed further at a future Council meeting. C-291/19 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that Administration conduct further research on the proposed resolution to determine potential impacts to other areas and determine whether there may be other options available to ensure residents of a municipality have an opportunity to provide meaningful impact on matters that may affect the long term future of their municipality. MOTION CARRIED Page 6 of 10 Regular Council September 5, 2019 LEFT THE MEETING D. Stabbler and M. Harbicht left the meeting at 12:11 p.m. LUNCH Council RECESSED for lunch at 12:11 p.m. and RECONVENED at 12:59 p.m. ARRIVED AT MEETING C. Hok, J. Entz, and G. Tiffin arrived at 12:59 p.m. 9. AGRICULTURAL SERVICES BUSINESS 9.1 ASB Update The Maintenance Supervisor - Agricultural Services & Facilities presented an update on the recent activities of the Agricultural Services Department. TD Tree Days will be held in Scandia, AB on September 14, 2019. Emerson Bridge Park will close for the season on September 16, 2019. Council was given the opportunity to ask questions. The Environmental Services Supervisor responded to questions regarding phragmites control. The Maintenance Supervisor - Agricultural Services & Facilities provided information on clubroot sniffing dogs that will be coming to the Gem area from New Brunswick. 9.2 Draft 2019 ASB Report Card on Resolutions & Resolution Grading Guide The Environmental Services Supervisor provided background information on this item, reviewing each resolution, the proposed grade, and comments from the Director of Agricultural Services. 9.3 South Region ASB Conference (October 22, 2019) The Environmental Services Supervisor indicated that the deadline to register for the South Region ASB Conference is September 20, 2019. All of Council indicated that they would attend. The Director of Agricultural Services will be asked to follow up with Councillor E. Unruh. LEFT THE MEETING C. Hok and J. Entz left the meeting at 1:09 p.m. 11. MUNICIPAL SERVICES BUSINESS — continued 11.3 Cost Share - 15th Avenue West & 2nd Street West/HWY873 Turning R I / & Lane Widening The Manager of Planning, Development & Engineering presented backgroun information on this item, including a history of 15th Avenue. He outlined the proposed improvements to the turning radius and road width. Council was given Page 7 of 10 Regular Council September 5, 2019 the opportunity to ask questions. The Manager of Planning, Development & Engineering indicated that the City has approved a maximum of $150, 000.00 for their portion; they will consider increasing this if the cost estimate is higher. He responded to further questions regarding additional access for future development and whether the traffic signals would affect high loads coming off the highway. The Manager of Planning, Development & Engineering responded to further questions from Council. C-292/19 MOVED BY COUNCILLOR BRIAN DE JONG that Council provide direction to proceed with execution of the cost -sharing agreement for the intersection design and installation of signals at the intersection with Alberta Transportation and the City of Brooks with a County funding share of up to $134,347.00, as well as an agreement with the City of Brooks to design and implement the radius taper, lane widening, and drainage works with a County funding share of up to $150,000.00, with funding from the Infrastructure Fund. MOTION CARRIED LEFT THE MEETING G. Tiffin left the meeting at 1:28 p.m. 10. ADMINISTRATIVE BUSINESS — continued 10.4 Request for Proclamation - Alberta Development Officers Week (September 23-28, 2019) The Manager of Planning, Development & Engineering presented Council with background information on this item and responded to questions from Council. C-293/19 MOVED BY COUNCILLOR KELLY CHRISTMAN that Council hereby proclaims September 23-28, 2019 as "Alberta Development Officers Week" in the County of Newell. MOTION CARRIED 10.5 Policy Review - 2019-PHS-001 Health & Safety Council was provided with background information on this item. C-294/19 MOVED BY COUNCILLOR HUBY KALLEN that Policy 2019-PHS-001 (Health & Safety) be adopted as presented. MOTION CARRIED 10.7 Councillor Payment Sheets (July 2019) C-295/19 M VED BY COUNCILLOR ANNE MARIE PHILIPSEN that the July 2019 Councillor P y ent Sheets be accepted with the amendments recommended by the Councillor C pensation Review Committee. MOTION CARRIED Page 8 of 10 Regular Council September 5, 2019 10.8 Cheques for Payment Councillor B. de Jong provided information regarding the Alberta First Responder Radio Communications System equipment. C-296/19 MOVED BY COUNCILLOR TRACY FYFE that cheque 187426 in the amount of $479,960.25 be APPROVED. MOTION CARRIED 10.9 Payment Register C-297/19 MOVED BY COUNCILLOR CLARENCE AMULUNG that the Payment Register be accepted. MOTION CARRIED 10.10 Requests for Functions of Council There were no requests for functions of Council to discuss at this meeting. 11. MUNICIPAL SERVICES BUSINESS — continued 11.2 Director of Municipal Services Report The Director of Municipal Services presented his report to Council, giving an overview of the highlights. Council was given the opportunity to ask questions. Councillor K. Christman requested the Electronic Speed Sign be considered for installation in Division 6 on RR185 (North Bassano Access Road). C-298/19 MOVED BY COUNCILLOR KELLY CHRISTMAN that the Director of Municipal Services Report and the Utilities - NRSC Report for August 2019 be APPROVED as presented. MOTION CARRIED 12. POST AGENDA ITEMS There were no post agenda items to discuss at this meeting. 13. INFORMATION ITEMS 13.1 Update — Regionalization Reeve M. Douglass reported that the Regionalization Working Group had a meeting on September 4, 2019 and a media release will be issued this week. 13.2 Mini Bus Monthly Report (July 2019) This item was accepted as information. 13.3 2019 Q2 Financial Information Package This item was accepted as information. Page 9 of 10 Regular Council September 5, 2019 13.4 Upcoming Community Events Council was provided a form to submit information for upcoming events in their community. 14. IN CAMERA C-299/19 MOVED BY COUNCILLOR WAYNE HAMMERGREN that we move in camera at 1:40 p.m. to discuss the following matters: • Labour — FO1PP Act Section 17. • Intergovernmental Relations — F01PP Act Section 23. MOTION CARRIED C-300119 MOVED BY COUNCILLOR LIONEL JUSS that we move out of camera at 3:15 p.m. MOTION CARRIED C-301/19 MOVED BY COUNCILLOR TRACY FYFE that the County of Newell ends their participation with the Regionalization Working Group, therefore ending their research into amalgamation. MOTION CARRIED C-302/19 MOVED BY COUNCILLOR BRIAN DE JONG that, whereas needs have been identified to enhance the Planning and Development Function of the County of Newell; and whereas the County of Newell is restricted by the current outdated service agreement that is over 12 years old; therefore be it resolved that Administration be authorized to provide the required twelve (12) months notice to terminate the Planning Services agreement between the County of Newell and the Oldman River Regional Services Commission (ORRSC); and further that Administration be authorized to negotiate a new future contract agreement for Planning & Development Services. MOTION CARRIED 15. ADJOURN Being that the agenda matters have been concluded, the meeting adjourned at 3:25 p.m. Signed this 0 day of v19 v � / 4tj-. Reev oun y Administrator Page 10 of 10