10381 Claresholm, Alberta, February 5, 2014

Transcription

1 10381 The regular meeting of the Council of The Municipal District of Willow Creek No. 26 was held in the Administration Building on the above date with Reeve Wilson, Councillors Alm, Hemmaway, Kroetsch, Sandberg, Van Hierden and Sundquist, CAO Vizzutti and Executive Assistant Arlene MacOdrum as recording secretary present. Superintendent of Public Works Johnson entered the meeting. Kelsey Kilborn- Intern entered the meeting. Rob Vogt Reporter entered the meeting. Development Officer Chisholm entered the meeting. Treasurer Hannas entered the meeting. 1. Reeve Wilson called the meeting to order at 1:00 p.m. 2. FINANCIAL MANAGEMENT: (a) Cheque Register Treasurer Hannas presented the cheque register for cheque # in the amount of $980, as information. Treasurer Hannas left the meeting at 1:03 p.m. 3. PUBLIC WORKS: (a) Boneyard Coulee Road Councillor Sundquist advised that a ratepayer has requested more gravel be spread on the Boneyard Coulee road. Superintendent of Public Works Johnson stated putting too much gravel on that road causes washboards. 4. MINUTES: (a) January 8, 2014 Council Minutes Councillor Sandberg requested to remove with regards to enforcement on Page item (5)(a) Moved by Councillor Sandberg the January 8, 2014 Council meeting minutes be accepted as amended. 5. COUNCIL MANAGEMENT: (a) Tax Forfeiture Land SW (tabled from January 8, 2014) CAO Vizzutti advised the M.D. s legal counsel recommends leasing or selling the public land in a public forum. Discussion ensued. Moved by Councillor Van Hierden the tax forfeiture land, SW , be advertised for sale by public tender with a reserve bid to be set by Council in camera. Councillor Sandberg requested a recorded vote.

2 10382 For the Resolution: Reeve Wilson, Councillors Van Hierden, Sundquist, Alm, Kroetsch & Hemmaway Opposed: Councillor Sandberg CAO Vizzutti advised a reserve bid for the sale of the public land will be set when Council goes in camera at the end of the meeting. (b) Blunden Hall CAO Vizzutti asked for direction regarding Blunden Hall as the removal of asbestos has been completed. Councillor Kroetsch suggested tabling a decision regarding Blunden Hall to allow time to discuss the matter with the Town of Granum. Moved by Councillor Van Hierden to table the Blunden Hall matter to March 12, 2014 Council meeting. (c) 2014 Minister s Seniors Service Award tabled from January 8, 2014 meeting CAO Vizzutti reintroduced the 2014 Minister s Seniors Service Awards for Council to submit names for nomination. Council did not put forth any nominations for the 2014 Minister s Seniors Service Awards. (d) Town of Claresholm Portable Generator tabled from January 8, 2014 meeting Council will discuss the portable generator with the Town of Claresholm Council at their joint meeting this evening. 6. DEVELOPMENT: (a) Land Use Bylaw Amendment Application A Jeremy Eldridge, NE Development Officer Chisholm presented an application for a Land Use Bylaw amendment from Jeremy Eldridge to redesignate the NE from Rural General RG to Rural Recreational RR and requested a public hearing date and time be set. Moved by Councillor Sandberg a public hearing be held on March 12, 2014 at 1:30 p.m. for application A by Jeremy Eldridge to amend the Land Use Bylaw being a redesignation from Rural General RG to Rural Recreational RR in the NE (b) Land Use Bylaw Amendment Application A M & L Pighin (Docksteader/DePalme) - SE Development Officer Chisholm presented an application for a Land Use Bylaw amendment from Marty & Laci Pighin to redesignate a portion of the SE 32-

3 from Rural General RG to Vacant Country Residential VCR and requested a public hearing date and time be set. Moved by Councillor Sundquist a public hearing for a Land Use Bylaw amendment be held on March 12, 2014 at 1:15 p.m. for application A by Marty & Laci Pighin (Docksteader/Depalme) for a redesignation from Rural General RG to Vacant Country Residential VCR in the SE Hans Van Hilten entered the meeting at 1:28 p.m. Reeve Wilson recessed the Council meeting at 1:28 p.m. Mike Burla entered the meeting at 1:29 p.m. General Foremen Hall entered the meeting at 1:29 p.m. 7. PUBLIC HEARINGS Reeve Wilson called the Public Hearing to order at 1:30 p.m. (a) Land Use Bylaw Amendment Application A Caerleon Cattle Inc. NE Mike Burla introduced Application A by Caerleon Cattle Inc. for a Land Use Bylaw amendment to redesignate 5 acres in the NE from Rural General RG to Vacant Country Residential VCR to accommodate a proposed subdivision. He advised pursuant to Sections 230, 606 and 692 of the Municipal Government Act, notice of the Public Hearing was advertised in the The Nanton News for two consecutive weeks and adjacent landowners were notified by mail. He advised that no comments or objections have been received. Moved by Councillor Alm the Public Hearing for Application A for Caerleon Cattle Inc. be closed. Council meeting was reconvened at 1:37 p.m. 5. COUNCIL MANAGEMENT (CONT:) (e) Bylaw No Caerleon Cattle Inc. Redesignation NE Mike Sears, Tyrell Sears and Lloyd Schlosser entered the meeting at 1:37 p.m. Moved by Councillor Sundquist Bylaw No. 1691, being a bylaw to amend Land Use Bylaw No to redesignate 5 acres in the NE from Rural General RG to Vacant Country Residential VCR, be given first reading. Moved by Councillor Alm Bylaw No be given second reading. Moved by Councillor Hemmaway all Councillors present are in agreement to giving Bylaw No third and final reading. Carried Unanimously.

4 10384 Moved by Councillor Van Hierden Bylaw No given third and final reading and the Reeve and Chief Administrative Officer be authorized to sign and counter sign on behalf of the Municipal District. 7. PUBLIC HEARINGS (CONT:) Reeve Wilson called the Public Hearing to order at 1:45 p.m. (b) Land Use Bylaw Amendment Application A Mesabi Ranches Inc. SW ( acres) Councillor Sundquist declared a possible conflict of interest and left the meeting. Councillor Sandberg declared a possible conflict of interest and left the meeting. Councillor Van Hierden declared a possible conflict of interest and left the meeting. CAO Vizzutti noted for the record that three Councillors have declared a possible conflict of interest and have left the meeting. Reeve Wilson advised that he has business dealings with Lloyd Schlosser but not in regard to the matter being discussed. CAO Vizzutti advised Reeve Wilson he is in conflict if he has dealings with regards to a gravel pit. Mike Burla presented application A by Mesabi Ranches Inc. for a Land Use Bylaw amendment to redesignate acres in the SW from Rural General RG to Rural Industrial RI to accommodate a proposed development permit application for a gravel mining operation. He advised pursuant to Sections 230, 606 and 692 of the Municipal Government Act, notice of the Public Hearing was advertised in the The Nanton News for two consecutive weeks and adjacent landowners and government agencies were notified by mail. He advised that no comments or objections have been received from adjacent landowners and comments from government agencies will be read into the record. Mike Burla asked for the introduction of everyone present. Mike Burla advised that test holes have been completed on the site and they are interested in developing a gravel pit. He stated if the rezoning is successful Mesabi Ranches Inc. will apply for a development permit. Hans Van Hilten advised he is present to gain information regarding the size of the pit. Tyrell Sears advised the development application will be for a Class II pit under 5 hectares in size. Reeve Wilson asked if the entire acres are required for the gravel pit.

5 10385 Tyrell Sears advised it is nonproductive land and they want to redesignate the entire acres. CAO Vizzutti advised redesignating the entire parcel would eliminate the requirement to redesignate again in the future if they apply for another Class II pit. COMMENTS FROM GOVERNMENT AGENCIES: (a) Historical Resources Management Branch, Alberta Culture Anna Curtis Development Officer Chisholm read a response from Anna Curtis, Head, Land Use Planning, Historical Resources Management Branch. She advised that Alberta Culture does not, in principle, have any concerns regarding the redesignation under a Land Use Amendment, however, if the amendment is approved the applicant may be subject to requirements under the Historical Resources Act when a development permit is applied for. (b) Alberta Health Services Richard Steeves, Executive Officer Development Officer Chisholm read a response from Richard Steeves, Executive Officer of Alberta Health Services advising they have no objection to the redesignation. He stated that activities carried out at this location, must not result in the creation of a nuisance as defined in the Alberta Public Health Act. (c) Alberta Environment Steve Demkiw, Reclamation Approvals Coordinator Development Officer Chisholm read a response from Steve Demkiw, Reclamation Approvals Coordinator, Alberta Environment stated the application is requesting an area in size that puts the pit into a Class I pit status. He said if the redesignation is successful an application should be submitted to have this pit registered. Reeve Wilson called for any further comments. Moved by Councillor Hemmaway the Public Hearing for Application A for Mesabi Ranches Inc. be closed. Reeve Wilson reconvened the Council meeting at 1:55 p.m. 5. COUNCIL MANAGEMENT (CONT:) (f) Bylaw No Mesabi Ranches Inc. Redesignation SW Moved by Councillor Alm that Bylaw No. 1692, being a bylaw to amend Land Use Bylaw No to redesignate acres in SW from Rural General RG to Rural Industrial RI, be given first reading.. second reading. Moved by Councillor Hemmaway that Bylaw No be given

6 10386 Moved by Councillor Kroetsch that all Councillors present are in agreement to giving Bylaw No third and final reading. Carried Unanimously. Moved by Councillor Hemmaway that Bylaw No be given third and final reading and that the Reeve and Chief Administrative Officer be authorized to sign and counter sign on behalf of the Municipal District. Mike Sears, Tyrell Sears, Lloyd Schlosser and Hans Van Hilten left the meeting at 1:56 p.m. General Foreman Hall left the meeting at 1:56 p.m. Development Officer Chisholm, Kelsey Kilborn Intern and Mike Burla Planner left the meeting at 1:57 p.m. Councillors Sandberg, Sundquist and Van Hierden returned to the meeting at 1:57 a.m. Doug Leeds entered the meeting at 1:57 p.m. Treasurer Hannas entered the meeting at 1:57 p.m. 8. DELEGATIONS: (a) Friends of the Claresholm Library Doug Leeds Doug Leeds advised the Friends of the Claresholm Library owe $14, each to the Town of Claresholm and the M.D. of Willow Creek for the history book loan. He advised that he currently has another payment of $1, to each municipality for books sold. Doug Leeds provided additional information with regards to the printing of the books and said they are working hard to sell the history books. Moved by Councillor Alm to instruct Administration to formulate a bylaw extending the due date of the interest free loan in the amount of $13,000.00, to the Friends of the Claresholm Library, to December 31, Treasurer Hannas left the meeting at 2:19 p.m. Doug Leeds left the meeting at 2:19 p.m. 5. COUNCIL MANAGEMENT (CONT:) (g) Dust Control on Gravelled Highways Councillor Alm requested that Council meet with Alberta Transportation at the AAMDC Spring Convention to discuss the problems created by the dust on Hwy 520 and request that dust control be applied. Moved by Councillor Alm to send a letter to Hon. Wayne Drysdale, Minister of Alberta Transportation and a copy to Darrell Camplin, Regional Director, Alberta Transportation, advising of the health and safety issues created by the dust on three digit gravelled highways.

7 10387 Moved by Councillor Sundquist to instruct CAO Vizzutti to arrange a meeting during AAMDC Spring Convention with Hon. Wayne Drysdale, Minister of Alberta Transportation, to discuss safety and health issues regarding dust on gravelled three digit highways. (h) Medical Marijuana CAO Vizzutti read a letter from Hon. Cal Dallas, Minister of International and Intergovernmental Relations, in response to Reeve Wilson s regarding the medical marijuana commercial growing operations being established within the boundaries of the M.D. of Willow Creek. Cal Dallas advised Health Canada administers the federal regulations, commercial operators must apply to Health Canada to obtain a producer s license, which authorizes commercial operators to produce, possess, sell, deliver, transport, import and ship marijuana for medical purposes. He advised that Health Canada requires applicants to notify local authorities (local government, fire authority and police service) of their proposed location and activities. He said neither provincial nor municipal governments have the constitutional jurisdiction to prevent Health Canada from issuing a producer s license under the Marijuana for Medical Purposes Regulations (MMPR). Municipalities may regulate these commercial operations within the scope of municipal bylaw-making authority (including business licenses and land use) however suggested to consult legal counsel for advice specific to local situations. Moved by Councillor Alm the Council of the M.D. of Willow Creek submit the Marijuana Production Facilities resolution as an individual resolution to the Alberta Association of Municipal Districts and Counties 2014 Spring Convention and a copy be sent to Honourable Rona Ambrose, Minister of Health Canada. (i) Hon. Ken Hughes Minister of Municipal Affairs Moved by Councillor Alm to instructed CAO Vizzutti to schedule a meeting with the Honourable Ken Hughes, Minister of Municipal Affairs, during the 2014 AAMDC Spring Convention to discuss Bill 27 and HAL (Housing Access Link). (j) Brownlee LLP Emerging Trends Seminar CAO Vizzutti reminded Council of the Brownlee LLP, Emerging Trends Seminar on February 13 th at 8:00 a.m. at the Coast Plaza Hotel in Calgary. (k) Alberta Transportation re: Municipal and Alberta Transportation Highway Maintenance Agreement Moved by Councillor Sandberg to accept the Municipal and Alberta Transportation Highway Maintenance Agreement between The Municipal District of Willow Creek No. 26 and Alberta Transportation as presented, and CAO Vizzutti be

8 10388 authorized to sign the agreement on behalf of The Municipal District of Willow Creek No. 26. (l) Policy Fuel Use and Inventory CAO Vizzutti presented Policy being the Fuel Use and Inventory policy for Council s consideration. Moved by Councillor Van Hierden the Fuel Use and Inventory Policy as presented. (m) Policy Fire Inspections CAO Vizzutti presented Policy being the Fire Inspections policy for Council s consideration. Councillor Sandberg requested number 2 be amended as follows: Before the business license is issued, the Emergency Services Manager shall provide yearly inspections that are required by bylaw, of facilities where the public gathers for commercial use such as bed and breakfasts and arenas. Moved by Councillor Sandberg to accept Policy Fire Inspections as amended. (n) CAO s Holidays CAO Vizzutti requested to take 6 days of holidays. Moved by Councillor Van Hierden to approve CAO Vizzutti s six days of holidays as presented. (o) Recreation Lease No. REC 1722 NW W acres (John Zoeteman Park) CAO Vizzutti presented a letter from Pat McNeil, Approvals and Dispositions Services Unit, Alberta Environment and Sustainable Resource Development advising Recreational Lease No. REC 1722 which expired September 15, 2013 will be renewed upon the M.D. completing the following requirements: - Renewal mapping fee of $50.00; - Rent of $10.00 per acre, minimum $ ($392.91); - A site development plan indicating the existing and proposed facilities; - A written submission outlining the current use of the existing lease and confirmation that the site will be available for use by the general public - FOR A 25-YEAR RENEWAL A plan of survey for the lease boundaries prepared by an Alberta Land Surveyor in accordance with the Surveys Act and the Land Surveyors Act and must be submitted digitally with a completed renewal form. The requested items must be completed and submitted within 90 days from January 15, 2014.

9 10389 Council discussed the costs incurred to operate John Zoeteman Park. Moved by Councillor Van Hierden that a letter be sent to the Honourable Robin Campbell, Minister of Environment and Sustainable Resource Development and a copy to Honourable Richard Starke, Minister of Tourism, Parks and Recreation advising that the Municipal District of Willow Creek will not incur the survey costs and will not be renewing Recreational Lease REC 1722 NW (John Zoeteman Park). 9. CORRESPONDENCE: (a) Mayors and Reeves Liaison Committee Monday March 17, 2014 CAO Vizzutti provided a copy of the Terms of Reference for Mayors and Reeves Liaison Committee as information. (b) Claresholm & District Transportation Society - November 29, 2013 Minutes presented. (c) Clearwater County Re: LAPP Changes CAO Vizzutti presented a letter from Clearwater County to Hon. Doug Horner, Minister of Treasury Board and Finance expressing their concerns regarding the Public Sector Pension Reform. Presented as information. (d) Stavely Municipal Library CAO Vizzutti read a letter from the Stavely Municipal Library requesting an increase in the annual funding from the M.D. of Willow Creek. Noted that the Stavely Municipal Library funding will be reviewed at budget time. (e) Stavely Museum Expansion CAO Vizzutti presented a letter from the Stavely Museum requesting a letter of support for the expansion of the museum facilities. Moved by Councillor Sandberg a letter of support in principle, for the expansion of the museum facilities, be provided to the Stavely Museum. (f) Wheatland County SSRP CAO Vizzutti presented a letter from Wheatland County to the Land Use Secretariat expressing their concern with the Calgary Metropolitan Plan being part of the final Draft South Saskatchewan Regional Plan (SSRP). (g) Southern Alberta Land Trust Society CAO Vizzutti presented an information letter from the Southern Alberta Land Trust Society and the donor list for the Southern Foothills Study. (h) Claresholm Physician Recruitment CAO Vizzutti presented a letter from the Claresholm Physician Recruitment and Retention Committee advising they are not requesting additional funds

10 10390 to be budgeted for 2014 however are requesting to hold the funds in reserve for use at a later date. (i) Municipal Affairs Municipal Government Act Review Consultations CAO Vizzutti noted that Councillors Sandberg and Kroetsch and Reeve Wilson will be attending the Municipal Government Act Review Consultations in Lethbridge on February 28 th and the CAO will be attending the session for administration on February 27, (j) Alberta Utilities Commission Re: Altalink, South Foothills Transmission Project. presented. Noted that the M.D. will not provide feedback with regards to the South Foothills Transmission Project. (k) Nanton Quality of Life Foundation CAO Vizzutti presented the Nanton FCSS 2014 budget and the 2013 Annual FCSS Program Report as information. (l) Alberta Order of Excellence presented. (m) Jeff Wilson MLA Introduction as Official Oppostion Critic for Municipal Affairs presented. (n) SAEWA Councillor Hemmaway reported on the Southern Alberta Enery from Waste Association (SAEWA) and advised of the following meetings: February 25 th Workshop (meeting with engineers) March 28 th 12:00 at the Town of Claresholm office April 11 th 10:00 a.m. 2:00 p.m. Champion Community Centre presentations open to the public. Discussion ensued. (o) Alberta Spring Recycling Seminar February in High River presented. Moved by Councillor Sandberg that the meeting go in camera to discuss a legal matter at 4:11 p.m. Rob Vogt left the meeting at 4:11 p.m. Councillors Sandberg and Van Hierden left the meeting at 4:40 p.m. Moved by Councillor Hemmaway that the meeting go out of in camera at 4:55 a.m. 10. ADJOURNMENT: Moved by Councillor Hemmaway that the meeting adjourn.

11 10391 Meeting adjourned at 4:56 p.m. Reeve Chief Administrative Officer