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2018-11-08 Council (Regular) MinutesCOUNTY OF NEWELL MINUTES OF REGULAR COUNCIL November 8, 2018 The regular Council Meeting of the County of Newell was held in the County Office on Thursday, November 8, 2018 commencing at 10:00 a.m. MEMBERS Molly Douglass, Reeve PRESENT: COUNCILLORS: C. Amulung H. Kallen A.M. Philipsen W. Hammergren T. Fyfe K. Christman E. Unruh B. de Jong L. Juss STAFF: K. Stephenson, Chief Administrative Officer L. Johnson, Director of Corporate Services A. Wickert, Manager of Planning & Development D. Horvath, County Planner - ORRSC S. Simpson, Development Clerk K. Hofmann, IT Administrative Assistant T. Green, Director of Agricultural Services J. Nesbitt, Municipal Enforcement Supervisor A. Nielsen, Executive Assistant OTHERS IN S. Stanway, Brooks Bulletin ATTENDANCE: H. Cleaver, County Ratepayer 1. CALL TO ORDER Reeve M. Douglass called the meeting to order at 10:00 a.m. 2. EXCUSED FROM MEETING All members were in attendance at this meeting. 3. ADOPTION OF MINUTES 3.1 Minutes - Organizational Meeting (October 25, 2018) C-344/18 MOVED BY COUNCILLOR KELLY CHRIST AN that the October 25, 2018 Organizational Meeting minutes be adopted as preeented. -,v MOTION CARRIED Regular Council November 8, 2018 3.2 Minutes - Council (October 26, 2018) The following changes were made to the October 25, 2018 Council Meeting minutes: Page 13 - Item 11.6: should read "Brooks will be hosting the 2019 National Junior A Championship... " C-345/18 MOVED BY COUNCILLOR HUBY KALLEN that the October 25, 2018 Council Meeting minutes be adopted as amended. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS Reeve M. Douglass called for post agenda items. 5. ADOPTION OF AGENDA C-346118 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. 10. AGRICULTURAL SERVICES BUSINESS 10.1 Agricultural Fieldman's Report (November 2018) The Director of Agricultural Services presented the Agricultural Fieldman's Report to Council. ARRIVED AT MEETING D. Horvath and S. Simpson arrived at 10:05 a.m. Council was given the opportunity to ask questions. LEFT THE MEETING T. Green left the meeting at 10:06 a.m. ARRIVED AT MEETING A. Wickert and K. Hofmann arrived at 10:06 a.m. C-347/18 MOVED BY COUNCILLOR CLARENCE AMULUNG that the Agricultural Fieldman's Report for November 2018 be accepted as presented. MOTION CARRIED Page 2 of 13 Regular Council November 8, 2018 11. ADMINISTRATIVE BUSINESS 11.1 Planning & Development Report The Manager of Planning & Development presented the Planning & Development Report to Council. Council was given the opportunity to ask questions. The Manager of Planning & Development responded to questions regarding the Solarkrafte and Engie Canada developments and deadlines for the Alberta Utilities Commission (AUC) approval. Both developments require referrals from Alberta Environment in order to proceed. The Manager of Planning & Development indicated that the AUC also requires a decommissioning and reclamation report as part of the application process. The Manager of Planning & Development and Director of Corporate Services responded to further questions. C-348/18 MOVED BY COUNCILLOR TRACY FYFE that the Planning & Development report for October 2018 be accepted as presented. MOTION CARRIED 11.2 Solar Development Setbacks & Mitigation The Manager of Planning & Development provided information on setbacks and screening requirements for solar power developments from other municipalities, noting that most of the information comes from municipalities in the United States. She indicated that the information varied widely. Solar developments adjacent to residential areas had different screening requirements, but the setbacks were the same. The average setback from the solar panels to the property line is approximately 165 feet (50 meters) without screening vegetation and approximately 70 feet (22 meters) with screening vegetation. The Manager of Planning & Development reported that no solar developments similar to those in the County were found, making a direct comparison difficult. Council was given the opportunity to ask questions. The Manager of Planning & Development indicated that the screening vegetation consists of trees and shrubs, not grass alone. The County Planner indicated that required setbacks are generally greater where screening vegetation is not used. She suggested that, as municipalities in Alberta become more familiar with solar developments, acceptable setbacks will become more established and widespread. One tool that is available currently allows developers to create visual simulations using digital elevation models (DEMs) to illustrate what the completed development will look like from an adjacent property. The County Planner responded to questions from Council regarding setbacks that are established for visual reasons, noting that the proximity of the site to other development is taken into account for things like junk yards. The County Planner responded to further questions regarding establishing and maintaining screening vegetation. The Manager of Planning & Development reported that screening has been discussed with the solar companies. The Director of Corporate Services suggested engaging the community in the solar facility discussion but limiting the scope to setbacks and screening. The IT Administrative Assistant provided information on different methods of public engagement, indicating that it is important to acknowledge the concerns of ratepayers and convey that the County hares the same values. It is also important to communicate to the rat el payerl that a large portion of the decision is provincial and outside of the jurisdiction of ke municipal' . Discussion followed, Page 3 of 13 Regular Council November 8, 2018 and Council suggested asking targeted questions regarding specific setbacks and screening requirements. The Manager of Planning & Development provided information regarding the Brooks Solar 11 development, indicating that a development permit application has not been submitted but Elemental Energy has begun notifying the County and adjacent landowners as required by the province. The Chief Administrative Officer suggested providing information to the public regarding the long-term financial benefits from commercial solar developments. Council directed staff to prepare a public consultation plan with information and targeted questions regarding setback and screening requirements for solar development. This item will be brought back to a future Council meeting for approval. LEFT THE MEETING A. Wickert, D. Horvath, S. Simpson, and K. Hofmann left the meeting at 11:11 a.m. 11.3 Sale of Rosemary Old Bush Buggy The Director of Corporate Services provided background information on this item and responded to questions from Council. C-349/18 MOVED BY COUNCILLOR HUBY KALLEN that the former Rosemary Bush Buggy unit be sold to Mr. Landon Hopp for the sum of $3,650.00, as per his bid, as is and where is, and that the funds be credited to offset the 20 Year Capital Apparatus Fund. MOTION CARRIED 11.4 Joint Meeting - Eastern Irrigation District The Joint Meeting between Council and the Eastern Irrigation District will be held on Thursday, November 15, 2018 beginning at 5:00 p.m. at the County of Newell facilities. Discussion followed regarding agenda items, including: • Resolution Presented at Foothills Little Bow Municipal Association Meeting - Municipal Relationships with Irrigation Districts, • North Headgates Area Redevelopment Plan - Update; • Land Acquisition for SH873 Paving; • Update on Future Campground Plans, • Plan for Dealing with Invasive Mussels; • Discussion on Paving the Road to the Bassano Dam; and • Update on Joint Drainage Projects. 11.5 Resolutions -Rural Municipalities of Alberta (RMA) Fall 2018 Convention Council was presented with the resolutions package for the RMA Fall 2018 Convention. Discussion followed regarding Resolution 5-18F (Alberta Energy Regulator Requirements forAcquiring & Holding Energy Licences & Approval) and whether there was a connection to Bill C-69 Impact Assessment Act. Canadian Natural Resources Ltd. has requested that Council submit a letter asking the Federal government to engage in a more in-depth consideration of industry and stakeholder concerns regarding Bill C-69. Page 4 of 13 Regular Council November 8, 2018 ARRIVED AT MEETING D. Horvath returned at 11:26 a.m. Discussion followed regarding Resolution 10-18F (Community Peace Officer Access to the Canadian Police Information Centre). The Chief Administrative Officer provided information on behalf of the Director of Municipal Services indicating that they support this resolution. Currently, access to the CPIC is cumbersome and it is difficult for CPOs to obtain the information they need in a timely fashion. The Chief Administrative Officer responded to questions from Council. ARRIVED AT MEETING A. Wickert returned at 11:29 a.m. The Chief Administrative Officer indicated that he would forward the Director of Municipal Services' comments on the resolutions to Council. C-350/18 MOVED BY COUNCILLOR ELLEN UNRUH that we move into Public Hearings at 11:30 a.m. MOTION CARRIED 8. PUBLIC HEARINGS 8.1 Bylaw 1926-18 AMENDMENT to Bylaw 1830-15 Intermunicipal Development Plan (Wheatland County) Reeve M. Douglass called the Public Hearing to order at 11:30 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 County Planner stated that the intent of the Public Hearing is to hear representations on Bylaw 1926-18. The intent of this bylaw is to amend Bylaw 1830-15 (Intermunicipal Development Plan - Wheatland County) to bring it into compliance with recent amendments to the Municipal Government Act. The County Planner provided background information on this item indicating that a copy of the document had been circulated to adjacent landowners and to a list of affected agencies. No responses have been received. 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. 8.2 Bylaw 1927-18 Public Notification Reeve M. Douglass called the Public Hearing to order at 11:31 a.m. \. - ._.... .......... Page 5 of 13 Regular Council November 8, 2018 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 1927-18. The intent of this bylaw is to establish alternate methods for advertising statutory notices. The Manager of Planning & Development provided background information on this item, indicating that the bylaw had been circulated and advertised and that no responses had been received. There were no persons in attendance speaking either in favor of or in opposition to the proposed bylaw. The Manager of Planning & Development responded to questions from Council. 8.3 Bylaw 1928-18 18 LUA 005 (W 18-16-15-W4 - A to SH) Reeve M. Douglass called the Public Hearing to order at 11:33 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 County Planner stated that the intent of the Public Hearing is to hear representations on Bylaw 1928-18. The intent of this bylaw is to amend Land Use Bylaw 1892-17 by rezoning approximately 31.28 acres (12.66 hectares) in NW 18-16-15-W4 and 31.33 acres (12.68 hectares) in SW 18-16-15-W4 from A - Agricultural District to SH - Small Holdings District. The County Planner provided background information on this item indicating that a copy of the document had been circulated to adjacent landowners and to a list of affected agencies. No responses have been received from adjacent landowners. There were no objections from the affected agencies. 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. 8.4 Bylaw 1929-18 18 LUA 006 (Text Amendments to LUB 1982-17 - Cannabis Uses & Solar Installations) Reeve M. Douglass called the Public Hearing to order at 11:34 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 County Planner stated that the intent of the Public Hearing is to hear representations on Bylaw 1929-18. The intent of this bylaw is to amend Land Use Bylaw 1892-17 by adding regulations to manage cannabis production and retail al in consideration of federal and provincial laws coming into effect to legalise \11 Page 6 of 13 Regular Council November 8, 2018 cannabis use, sales, and production and to also amend criteria pertaining to the height of solar panel installations. The County Planner provided background information on this item indicating that a copy of the document had been circulated to a list of affected agencies. No responses have been received. There were no persons in attendance speaking either in favor of or in opposition to the proposed bylaw. The County Planner responded to questions from Council regarding minimum output for solar installations and distinguishing between medical and recreational cannabis uses. 8.5 Bylaw 1931-18 Road Closure & LEASE (W 11-14-12-W4, SW 12-14-12-W4, & SE 12-14-12-W4) Reeve M. Douglass called the Public Hearing to order at 11:37 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 1931-18. The intent of this bylaw is to close and LEASE that portion of road allowance lying adjacent to the west boundary of W 11-14-12-W4, that portion of road allowance lying adjacent to the southwest boundary of 12-14-13-W4, and that portion of road allowance lying adjacent to the southeast boundary of 12-14-13-W4. 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. 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. 8.6 Bylaw 1932-18 Road Closure & LEASE (SW 32-14-12-W4 & NW 29-14-12-W4) Reeve M. Douglass called the Public Hearing .o order at 11:38 a.m. Reeve M. Douglass did not review the procec res that would be followed for the hearing as there were no new persons in attenpce__ The Manager of Planning & Development stated that the in ent of the Public Hearing is to hear representations on Bylaw 1932-18. The in e" this bylaw is to close and LEASE that portion of road allowance lying adja t to uthwest Page 7 of 13 Regular Council November 8, 2018 boundary of 32-14-12-W4 and lying adjacent to the northwest boundary of 29-14-12-W4. 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. 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. The Manager of Planning & Development responded to questions from Council. C-351/18 MOVED BY COUNCILLOR CLARENCE AMULUNG that we move out of Public Hearings at 11:40 a.m. MOTION CARRIED 9. BYLAWS 9.1 Bylaw 1926-18 AMENDMENT to Bylaw 1830-15 Intermunicipal Development Plan (Wheatland County) C-352/18 MOVED BY COUNCILLOR ELLEN UNRUH that Bylaw 1926-18, being a bylaw to amend the County of Newell and Wheatland County Intermunicipal Development Plan (County of Newell Bylaw 1830-15 and Wheatland County Bylaw 2015-14), be given SECOND reading. MOTION CARRIED C-363/18 MOVED BY COUNCILLOR KELLY CHRISTMAN that Bylaw 1926-18 be given THIRD and FINAL reading. MOTION CARRIED 9.2 Bylaw 1927-18 Public Notification C-354/18 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that Bylaw 1927-18, being a bylaw for the purpose of establishing a Public Notification Process, be given SECOND reading. MOTION CARRIED C-355/18 MOVED BY COUNCILLOR HUBY KALLEN that Bylaw 1927-18 be given THIRD and FINAL reading. MOTION CARRIED 9.3 Bylaw 1928-18 18 LUA 005 (W 18-16-15-W4 - A to SH) C-356/18 MOVED BY COUNCILLOR LIONEL JUSS that Bylaw 1928-18, being a bylaw to amend Land Use Bylaw 1892-17 by redesignating approximately 31.28 acres (12.66 hectares) in NW 18-16-15-W4 and approximately 31.33 acres (12.68 hectares) in SW 18-16-15-W4 from A - Agricultural District to SH - Small Holdings District, be given SECOND reading. MOTION CARRIED Page 8 of 13 Regular Council November 8, 2018 C-357/18 MOVED BY COUNCILLOR BRIAN DE JONG that Bylaw 1928-18 be given THIRD and FINAL reading. MOTION CARRIED 9.4 Bylaw 1929-18 18 LUA 006 (Text Amendments to LUB 1982-17 - Cannabis Uses & Solar Installations) C-358/18 MOVED BY COUNCILLOR ANNE MARIE PHILIPSEN that Bylaw 1929-18, being a bylaw to amend Land Use Bylaw 1892-17 to add regulations to manage cannabis production facilities and retail sales and to amend criteria pertaining to the height of solar panel installations, be given SECOND reading. MOTION CARRIED C-359/18 MOVED BY COUNCILLOR CLARENCE AMULUNG that Bylaw 1929-18 be given THIRD and FINAL reading. MOTION CARRIED 9.5 Bylaw 1931-18 Road Closure & LEASE (W 11-14-12-W4, SW 12-14-12-W4, & SE 12-14-12-W4) C-360/18 MOVED BY COUNCILLOR WAYNE HAMMERGREN that Bylaw 1931-18, being a bylaw for the purpose of closing to public travel and LEASING those portions of road allowance lying adjacent to the west boundary of W 11-14-12-W4, adjacent to the southwest boundary of 12-14-13-W4, and adjacent to the southeast boundary of 12-14-13-W4, be given FIRST reading. MOTION CARRIED 9.6 Bylaw 1932-18 Road Closure & LEASE (SW 32-14-12-W4 & NW 29-14-12-W4) C-361/18 MOVED BY COUNCILLOR ELLEN UNRUH that Bylaw 1932-18, being a bylaw for the purpose of closing to public travel and LEASING those portions of road allowance lying adjacent to the southwest boundary of 32-14-12-W4 and adjacent to the northwest boundary of 29-14-12-W4, be given FIRST reading. MOTION CARRIED LEFT THE MEETING A. Wickert and D. Horvath left the meeting at 11:43 a.m. 11. ADMINISTRATIVE BUSINESS — continued 11.6 Cancel/Reschedule November 22 Meetings The Executive Assistant provided background information on this item. C-362/18 MOVED BY COUNCILLOR TRACY FYFE that the Municipal Planning Commission and Council Meetings scheduled for November 22, 2018 be CANCELLED. MOTION CARRIED Page 9 of 13 Regular Council November 8, 2018 11.7 Rural Municipalities of Alberta Fall 2018 Convention - Meetings with Ministers The Executive Assistant provided an update on this item, indicating that a meeting has been scheduled with the Minister of Municipal Affairs on Wednesday, November 21, 2018. Council suggested discussing regionalization with the Minister and directed the Executive Assistant to invite members from Brooks, Bassano, Duchess, and Rosemary to participate. The Executive Assistant was also asked to arrange a meeting with the Minister of Transportation to discuss paving partnerships. 11.8 Cheques for Payment There were no cheques for payment to approve at this meeting. 11.9 Payment Register C-363/18 MOVED BY COUNCILLOR CLARENCE AMULUNG that the Payment Register be accepted. MOTION CARRIED 11.10 Requests for Functions of Council There were no functions of Council to discuss at this meeting. 12. MUNICIPAL SERVICES BUSINESS 12.1 Director of Municipal Services Report The Director of Municipal Services Report was presented to Council. The Chief Administrative Officer responded to questions from Council, indicating that he would obtain information regarding when graders are scheduled for replacement. He also responded to questions regarding paving SH873, indicating that a lot of progress has been made, but once temperatures stay below zero the project completion will be delayed until the spring of 2019. 12.2 Utilities - NRSC Report There was no Utilities - NRSC Report to discuss at this meeting. C-364/18 MOVED BY COUNCILLOR HUBY KALLEN that the Director of Municipal Services Report for October 2018 be APPROVED as presented. MOTION CARRIED 13. POST AGENDA ITEMS r K er were no post agenda items to discuss at this meeting. UP Page 10 of 13 Regular Council November 8, 2018 14. INFORMATION ITEMS 14.1 Update — Regionalization There was no update on Regionalization at this meeting. 14.2 Upcoming Community Events Council was provided a form to submit information for upcoming events in their community. LUNCH Council RECESSED for lunch at 11:56 a.m. and RECONVENED at 12:47 p.m. ARRIVED AT MEETING H. Cleaver and J. Nesbitt arrived at 12:47 p.m. 7. DELEGATIONS 7.1 Hamlet of Rolling Hills - 205 1A Street - Bylaw 1720-11 (Animal Control) (H. Cleaver) The Municipal Enforcement Supervisor provided background information on this item, including a summary of the requests by H. Cleaver regarding excess manure on an adjacent property in Rolling Hills. He reported that he responded to the complaint and found the property to be compliant with Bylaw 1720-11 (Animal Control). The property owner was advised of the complaint and agreed to clean up the manure. ARRIVED AT MEETING A. Wickert and D. Horvath arrived at 12:53 p.m. The Director of Municipal Services and the Municipal Enforcement Supervisor met with H. Cleaver in Rolling Hills at the property in question on June 20, 2018 following an additional request by H. Cleaver to clean up the manure. The Municipal Enforcement Supervisor indicated that he believed the matter had been resolved, but an additional request to inspect the property was received on October 1, 2018. He indicated that the property has been inspected several times and the manure removal is compliant with the requirements of Bylaw 1720-11. The Municipal Enforcement Supervisor responded to questions from Council. The Manager of Planning & Development provided background information on the Animal Control Bylaw, indicating that livestock are allowed on any parcel larger than 1 acre provided that there is a 1 acre roaming pen. The Municipal Enforcement Supervisor responded to questions regarding how the photos from October 1, 2018 compared with the photos submitted by H. Cleaver taken on November 4, 2018. He reported that there was an accumulation of manure near the fence by the alley, but it was not excessive, and th property owner agreed to Page 11 of 13 Regular Council November 8, 2018 remove it. The Manager of Planning & Development responded to questions regarding the number of animals allowed on the parcel. H. Cleaver expressed concerns with the manure on the adjacent property, indicating that it is not being cleaned up in a timely manner. Further, while there is a roaming pen, the horse is kept in a smaller corral. He requested that the landowner be told to remove the manure on a regular basis. H. Cleaver and the Municipal Enforcement Supervisor responded to questions regarding the location of H. Cleaver's house in relation to the roaming pen and corral. The Municipal Enforcement Supervisor reported that the adjacent landowner is aware of the bylaws and agreed to take steps to maintain the site so that there were not piles of manure. He indicated that he was satisfied with the condition of the property based on his experience with other properties with horses. The photos taken by the Municipal Enforcement Supervisor taken on October 1, 2018 do not show noticeable piles of manure. The Municipal Enforcement Supervisor responded to further questions from Council regarding other complaints involving horses. LEFT THE MEETING D. Horvath left the meeting at 1:23 p.m. Discussion followed regarding the vehicles, boards, and other items in the roaming pen and whether the presence of those items creates a safety risk for horses. The Manager of Planning & Development indicated that Council could determine where the roaming pen is sited on the property to reduce the potential for nuisance to adjacent landowners. She also suggested that the Animal Control bylaw could be amended to include specific time frames for the removal of manure, particularly within hamlets. The Manager of Planning & Development responded to further questions regarding the requirement for the roaming pen. Councillor C. Amulung provided further background information and advised H. Cleaver to talk with the adjacent landowner to express his concerns. The Manager of Planning & Development explained the process for responding to complaints under the animal control bylaw. The Municipal Enforcement Supervisor indicated that the adjacent landowner had been in contact with the County to ensure he was compliant with the bylaws prior to getting a horse. LEFT THE MEETING A. Wickert left the meeting at 1:36 p.m. The Municipal Enforcement Supervisor indicated that the adjacent landowner had cleaned up the manure, as requested, and is unaware that H. Cleaver has further concerns. LEFT THE MEETING Councillor L. Juss left the meeting at 1:37 p.m. Discussion followed. Council directed the Municipal Enforcement Supervisor to advise the adjacent landowner of the issues that were brought before Council and suggest improvements and regular maintenance of the site for the benefit of both Page 12 of 13 Regular Council November 8, 2018 the horses and the neighbouring landowners. H. Cleaver agreed that this was a reasonable solution. LEFT THE MEETING J. Nesbitt and H. Cleaver left the meeting at 1:41 p.m. ARRIVED AT MEETING Councillor L. Juss returned at 1:42 p.m. 15. IN CAMERA Discussion followed regarding the quality of the video in the recorded Council meetings. Council expressed concerns with the split screen layout and poor audio quality making it difficult to tell who is speaking. This item will be brought back to a future Council meeting for further discussion. C-365/18 MOVED BY COUNCILLOR BRIAN DE JONG that we move in camera at 1:51 p.m. to discuss the following matters: • Legal - FOIPP Act Section 27. MOTION CARRIED C-366/18 MOVED BY COUNCILLOR KELLY CHRISTMAN that we move out of camera at 2:25 p.m. MOTION CARRIED 16. ADJOURN Being that the agenda matters have been concluded, the meeting adjourned at 2:25 p.m. Signed this da of 8 9 Y Reeve , ' 0/, C Administrator Page 13 of 13