Minutes of the Cypress County Council Meeting held August 5, 2008

 

PRESENT:                            Darcy Geigle, Reeve

                                                LeRay Pahl, Deputy Reeve

                                                Floyd Haas

                                                George Russill

                                                Garry Lentz

                                                Herb Scott

                                                Jerry Clark

                                                Brad Betcker

                                                Peter Konosky

                                                Lutz Perschon, Manager

                                                Doug Henderson, Assistant Manager

                                                Francis Dumonceau, Public Works Foreman

                                                Kelsey Bachmeier, Treasurer/Recording Secretary

 

ABSENT:                              Rick Bleau, Public Works Supervisor

                                                Jeffrey Dowling, Planning Advisor

 

CALL TO ORDER:             10:35 A.M.

 

AGENDA:                             Resolution No. 2008/202

 

                                                Floyd Haas moved to accept the agenda.

 

                                                                                                Carried

 

MINUTES:                            Resolution No. 2008/203

 

LeRay Pahl moved to approve the minutes of the July 15, 2008 Regular Council Meeting and Public Hearing and July 21, 2008 Special Council Meeting.

 

                                                                                                Carried

 

ACCOUNTS FOR

PAYMENT:                          Resolution No. 2008/204

 

Herb Scott moved to approve the Accounts for Payment in the amount of $1,191,972.11.

 

Carried

 

 

CASH STATEMENT:         Resolution No. 2008/205

 

George Russill moved to receive for information the Cash Statement for the month ending June 30, 2008.

 

                                                                                                Carried

 

DELEGATIONS:

July 15 Severe Storm –

Residents of Seven

Persons area                          Cornelius Van Hal and Gary Haus were in attendance, representing residents from Seven Persons and surrounding area.  They were inquiring about any assistance Cypress County was going to or is providing to its citizens.  Both pointed out that there were items  destroyed due to the storm on July 15th that are insurable but not when the damage is caused by wind, like corral fences or the full replacement value of pivots.  Mr. Haus wondered why assistance was provided to the residents of Seven Persons in the clean up effort.  Council explained that many trees that had fallen lay partially on the property of Cypress County and partially on the residents’ properties.  For that matter, any grain bins, hay bales or trees that ended up on the County property was or would be cleaned up by the County.           

 

                                                MLA Len Mitzel was in attendance to provide some assurance to the residents of Cypress County that he is currently looking into the matter and intends to find out from the Alberta Emergency Management Agency what if any costs they will cover for clean up and whether the funding will be retroactive to those residents who have already begun or have finished clean up.  He assured Council that an answer would be provided by the end of the week.

 

BUSINESS ARISING:

Bylaw 2008/22 – LIP

Subdivision Pavement           A Bylaw to authorize Council to impose a Local Improvement Tax for the purpose of paving the subdivision road at 12221 Highway 523.  Advertising of the proposed bylaw has been completed with no objections received.

 

                                                Resolution No. 2008/206

 

Floyd Haas moved second reading of Bylaw 2008/22.

 

                                                                                                Carried

 

                                                Resolution No. 2008/207

 

Brad Betcker moved third reading of Bylaw 2008/22.

 

                                                                                                Carried

 

NEW BUSINESS:

Bylaw 2008/25 –

Private Dust Control

Bylaw Amendments              A Bylaw to amend Bylaw 2008/15 by adding two properties and removing three properties for payment of the Private Dust Control Special Tax in 2008.

 

                                                Resolution No. 2008/208

 

                                                LeRay Pahl moved first reading of Bylaw 2008/25.

 

                                                                                                Carried

 

                                                Resolution No. 2008/209

 

                                                Floyd Haas moved second reading of Bylaw 2008/25.

 

                                                                                                Carried

 

                                                Resolution No. 2008/210

 

                                                George Russill moved by unanimous consent to have third reading of Bylaw 2008/25.

 

                                                                                                Carried

 

                                                Resolution No. 2008/211

 

                                                Jerry Clark moved third reading of Bylaw 2008/25.

 

                                                                                                Carried

 

DELEGATIONS:

Desert Blume Parks

Barry Miller, Focus

Corporation                           At the April 1, 2008 Cypress County Council meeting, Council discussed the parks with representatives from Desert Blume and Scheffer Andrew Ltd.  During this discussion the question that was posed was to what standard the parks should be developed.  Cypress County is obligated to construct Municipal Reserve to a certain standard as part of the 2005 Master Agreement for Desert Blume that was signed between the County, the City of Medicine Hat and Desert Blume Developments.  Barry Miller of Focus Corporation was in attendance to inform Council of it’s obligations as well as bring some deficiencies in the plans to Council’s attention.  Mr. Miller proposed that Council change the natural areas from Municipal Reserve to Environmental Reserve and questioned whether trees that require irrigation should be planted and whether garbage containers will be located in the parks.  Without Jeffrey Dowling, the Planning Advisor for Cypress County present to speak to Mr. Miller’s comments and suggestions, the issue was postponed.

 

BUSINESS ARISING:

Desert Blume Parks              Resolution No. 2008/212

 

                                                Brad Betcker moved to postpone the Desert Blume Parks issue.

 

                                                                                                Carried

 

NEW BUSINESS:

Resolution for Greencover

Funding                                  A resolution to designate signing officers for the Greencover Canada Technical Assistance Component of the Greencover funding program.

 

                                                Resolution No. 2008/213

 

                                                Floyd Haas moved that Cypress County be authorized to enter into the Contribution Agreement with her Majesty the Queen in the Right of Canada, as represented by the Minister of Agriculture and Agri-Food Canada, for the Greencover Canada Technical Assistance Component and that Doug Henderson and Kelsey Bachmeier be authorized to sign and execute the Articles of Agreement necessary to give effect to the same on behalf of the Organization, and to affix their Corporate Seal thereto.

 

                                                                                                Carried

 

Road Allowances Licence

Objections                              James and Melissa McMillan have applied to temporarily occupy or use the following road allowances: the North/South road allowance between NE 36-9-3-W4 and NW 31-9-2-W4, the North/South road allowance between SE 36-9-3-W4 and SW 31-9-2-W4, the North/South road allowance within NE 36-9-3-W4 and the North/South road allowance between NW 1-10-3-W4 and NE 2-10-3-W4.  As a result of public advertisements, three letters of objection have been received.  Two of the letters are from adjacent landowners. 

 

                                                Resolution No. 2008/214

 

                                                LeRay Pahl moved to allow James and Melissa McMillan the use of approximately ľ of a mile of the North/South road allowance between E˝ 36-9-3-W4 and W˝ 31-9-2-W4, north of the intersection with Road Plan 4572 BM.

 

                                                                                                Carried

 

DELEGATIONS:

DC Development Permit

Application – Murray

Shivak, Terralta Inc.             Development Permit Application 08/166 has been received from Terralta Inc. to operate a retail sales and service business for renewable energy systems at 350 Eagle Butte Road and to conduct research on their products.  Murray Shivak was in attendance to answer any questions Council might have regarding the application.  Council inquired about business hours, the types of vehicles using the site, and storage locations.  Council agreed to approve the development application based on the following conditions which are to be stated on the permit:

1.      Business Hours: Monday – Saturday between 7AM and 6PM;

2.      Maximum 10.67 meters (35 feet) for the height of the turbine mounted on building (includes height of building);

3.      Business sign to meet Cypress County regulations;

4.      All storage to be contained in the building or under the roof of the building;

5.      All company vehicles are restricted to a maximum of 3 tonnes and must be parked at the rear of the building overnight;

6.      Research testing at this site is not included in the permit.

 

NEW BUSINESS:

Direct Control

Development Application

(Plan 9912535, Block 1,

Lot 1)                                      Resolution No. 2008/215

 

                                                George Russill moved to approve the Development Permit Application 08/166 subject to the conditions as listed on the permit.

 

                                                                                                Carried

 

RECESS:                               12:22 P.M.

 

RECONVENE:                     1:05 P.M.

 

Wind Turbines on Lease

Land (Councillor Clark)      Councillor Clark informed Council that Alberta Sustainable Resources does not allow wind turbines on leased lands.  Reeve Geigle and Deputy Reeve Pahl are to present this issue to Honourable Ted Morton during their meeting with him this month.

 

Road Cancellation                 Staff is recommending that Council cancel Road Plan 6825 HX affecting the SW 18-12-6-W4 adjacent to Township Road 122 due to a pending subdivision.  The required notifications have been sent and utility companies have responded with no concerns.  The standard resolution to cancel the old road alignment is required by Council.

 

                                                Resolution No. 2008/216

 

                                                George Russill moved to cancel Road Plan 6825 HX affecting the SW 18-12-6-W4 and NW 7-12-6-W4.

 

                                                                                                Carried           

                                                                                               

Well Site Request                  GEX Resources is interested in establishing a gas well site in a surveyed road plan, 1321 BM, in the NE 7-16-3-W4.  Council must give permission for the well due to its proximity to a government road allowance.  The road plan is not used as a public road since the public road deviates through the adjacent titled and leased land.

 

                                                Resolution No. 2008/217

 

                                                George Russill moved to give permission for the well if the company is willing to close the unused portion of the road plan within the NE 7-16-3-W4 section.

 

                                                                                                Carried

 

REPORTS:

Manager’s Report                 The Manager’s Report was presented and accepted for information.

                                               

Assistant Manager’s

Report                                    The Assistant Manager’s Report was presented and accepted for information.

 

ADJOURN:                           2:11 P.M.