Minutes of the Cypress County Council Meeting held May 6, 2008

Minutes of the Cypress County Council Meeting held May 6, 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

Rick Bleau, Public Works Supervisor

Brian Whitson, Planning Advisor

Jeffrey Dowling, Development Officer

Kelsey Bachmeier, Treasurer/Recording Secretary

CALL TO ORDER: 10:50 A.M.

AGENDA: Resolution No. 2008/112

Floyd Haas moved to accept the agenda.

Carried

MINUTES: Resolution No. 2008/113

LeRay Pahl moved to approve the minutes of the April 15, 2008 Regular Council Meeting as amended and Public Hearing.

Carried

ACCOUNTS FOR

PAYMENT: Resolution No. 2008/114

Herb Scott moved to approve the Accounts for Payment in the amount of $373,160.63.

Carried

BUSINESS ARISING:

Bylaw 2008/10 – Land

Use Amendment

(Plan 9912535) A Public Hearing on the proposed bylaw was held prior to the meeting.

Resolution No. 2008/115

LeRay Pahl moved second reading of Bylaw 2008/10.

Defeated

Resolution No. 2008/117

Floyd Haas moved third reading of Bylaw 2008/11.

Carried

2007 Audited Financial

Statements During the April 15, 2008 Council meeting, Council received the audited 2007 Financial Statements from Meyers Norris Penny. A copy of the Ratepayers financial statements were published in the April 29^th issue of the Commentator.

Resolution No. 2008/118

George Russill moved to accept the 2007 audited financial statements.

Carried

Bylaw 2008/14 – Fire

Permits First reading of Bylaw 2008/14 was accepted on April 15, 2008. Staff has brought this Bylaw back to Council for additional readings with suggested amendments.

Resolution No. 2008/119

Herb Scott moved to add Section 15.1 - Other which states “Schedules A, B, and C can be amended by resolution of the Council from time to time as required” and amend Section [c] of Schedule “C” to read, “although highly recommended but not required, a spark arrester mesh screen of 1.27 cm (.5 inches) expanded metal (or equivalent) to contain sparks over the fire at all times.”

Carried

Resolution No. 2008/120

George Russill moved second reading of Bylaw 2008/14 as amended.

Carried

Resolution No. 2008/121

Garry Lentz moved third reading of Bylaw 2008/14 as amended.

Carried

County Lease Land – Hilda

(Councillor Haas) During the April 15, 2008 Council meeting, Council reviewed the County lease land in Hilda and made a motion to place both the NE and NW portions of the land up for public bids for lease. As a result of this decision, Council received letters from both Marvin Fischer and Ken Kundert requesting that Council consider splitting the current lease into two separate leases whereby the NE section would be allocated to Ken Kundert and the NW portion to Marvin Fischer. Mr. Fischer indicated in his letter that he is prepared to relinquish 50% ownership of the dug out situated on the NE ¼-11-18-1-W4 to make this solution workable.

Resolution No. 2008/122

Floyd Haas moved to split the lease land into two sections and assign the NE section to Mr. Kundert and the NW section to Mr. Fischer with the term of the two new leases being the balance of the existing lease.

Carried

DELEGATIONS:

Doug Fleming, Planner

Focus Corporation Doug Fleming appeared before Council and provided a summary of the buffer zone meeting that was a result of a request made by Council. This meeting was held with the acreage land owners, the industrial land owners, and Mr. Glen Schnell in attendance on the evening of Wednesday, April 23, at the Cypress County Office. The purpose of the meeting was to try and come to an acceptable solution concerning the buffer area that is proposed between the country residential land owners, and the industrial development to the south. The residential land owners had concerns with lighting, noise, and drainage resulting from the industrial properties. These individuals were requesting that the north 80 acres of the SW 26-13-7-W4 and the north east 40 acres of the SE 27-13-7-W4 be left as natural for the buffer area. The industrial land owners were not comfortable with the requirement to dedicate the amount of land that the residential owners were seeking. After discussion, Council decided to prepare the Highway 524 Area Structure Plan with a 40 acre strip directly south of the country residences and a 20 acre strip southwest of the country residences as a buffer zone. The Area Structure Plan would be taken to a Public Hearing for debate.

RECESS: 12:29 P.M.

RECONVENE: 1:01 P.M.

NEW BUSINESS:

Report on Water

Availability Cypress County is continuing to receive requests for developments ranging in size from multi-parcel lots to individual in-fill lots for housing and commercial proposals within our hamlets. The Planning Department and the Utility Department have examined the water limits, peak consumption, and the monthly consumption averages for July and August for each of the hamlets located within the County. Council was informed of the current water situation in the various hamlets and how much development may proceed in the future depending upon the current state of available water for each hamlet. Council expressed interest in participating in a regional water study and also suggested that Staff investigate how other municipalities are solving their shortage of water problems.

Confined Feeding

Operation Application A letter has been received from Natural Resources Conservation Board regarding an application they received to construct a new confined feeding operation. NRCB is asking for comments or concerns regarding whether the application meets our Municipal Development Plan Land Use Provisions, the required setbacks, and the land zoning of the application site and surrounding lands within 1600 metres of the proposed site. The Development Officer reported that the application complies with our bylaws. Council had no concerns.

Policy ADM 05 –

Smoking in the Workplace Staff has brought back Smoking in the Workplace Policy with suggested amendments for approval from Council.

Resolution No. 2008/123

George Russill moved to accept Policy ADM 5 Smoking in the Workplace as revised.

Carried

Benefit Coverage Review Staff has conducted an extensive review of the employees’ current benefit carrier with analysis of coverage, current rates and premium costs compared with other benefit carriers.

Resolution No. 2008/124

LeRay Pahl moved to postpone agenda item “Benefits Coverage Review” until the next Council meeting.

Carried

Tangible Capital Assets In 2009, all municipalities in Canada will be required to show the amortization of their tangible capital assets on their financial statements. Policy ADM 23 Tangible Capital Assets, sets out the threshold levels at which assets would be determined to be tangible capital assets and which method of amortization would be used. Staff is now bringing this policy back with revisions for Council approval.

Resolution No. 2008/125

Brad Betcker moved to accept Policy ADM 22 Tangible Capital Assets as revised.

Carried

MSI Capital Funding The Municipal Sustainability Initiative represents the Province of Alberta’s commitment to provide municipalities with long-term funding to assist them in meeting growth-related challenges and enhancing their long-term sustainability. Over the next 9 years, Cypress County will be receiving a significant amount of grant funding from this program to be used for operating expenses and capital projects. Under the new program guidelines, every municipality is required to submit a Multi-Year Capital Infrastructure Plan (MYCIP). Staff is asking Council to propose capital infrastructure projects that the County could take on in the next five years and could be included on the MYCIP.

Overdue Accounts

Receivable Staff is requesting to initiate legal action in an attempt to recover outstanding funds for an accounts receivable account that has been outstanding since November of 2006.

Reeve Darcy Geigle declared he had a conflict of interest in the matter and left the Council Chambers. Deputy Reeve LeRay Pahl assumed the Chair.

Resolution No. 2008/126

Floyd Haas moved to initiate legal action against Enerhance Resources Inc. using legal representation from Hill & Hill Law Offices in an attempt to recover the outstanding funds.

Carried

Reeve Darcy Geigle returned to the meeting and the Chair.

Overdue Utility Accounts Staff has brought to Council’s attention 10 utility accounts that are currently outstanding and are requesting permission to write off the accounts.

Resolution No. 2008/127

LeRay Pahl moved to write off the outstanding utility accounts as listed.

Carried

Bylaw 2008/15 – Private

Dust Control A bylaw for Cypress County to impose a Special Tax on parcels of land benefiting from the placement of dust treatment.

Resolution No. 2008/128

Floyd Haas moved first reading of Bylaw 2008/15.

Carried

Resolution No. 2008/129

LeRay Pahl moved second reading of Bylaw 2008/15.

Carried

Resolution No. 2008/130

Brad Betcker moved by unanimous consent to have third reading of Bylaw 2008/15.

Carried

Resolution No. 2008/131

Jerry Clark moved third reading of Bylaw 2008/15.

Carried

Resolution in Support of

Water Storage A resolution in support of more water storage in Southeast Alberta has been brought to Council.

Resolution No. 2008/132

Floyd Haas moved that Cypress County supports that the Alberta Government with financial assistance from the Federal Government commits to seriously investigate and move forward to provide additional water storage in Southern Alberta.

Carried

Regional Water

(Councillor Scott) Councillor Scott requested that Staff investigate whether there is any grant programs that the County would qualify for that would provide funding for a Regional Water Study.

Southern Alberta

Summer Games Staff received a letter from the Town of Redcliff requesting that Cypress County consider hosting the 2010 Southern Alberta Summer Games along with the Town.

Resolution No. 2008/133

Jerry Clark moved to host the 2010 Southern Alberta Summer Games in partnership with the Town of Redcliff.

Carried

Suffield Drainage Study

(Councillor Konosky) On behalf of Mulvey Kroft, Councillor Konosky presented a site drainage study conducted by Pharaoh Engineering Ltd. for lots 24 through 32 on Block 16 located in the Hamlet of Suffield. Mr. Kroft wishes to start development on his property but is required by Cypress County to provide a drainage study on the proposed lots. Presently, his property is being used as a detention pond for runoff from other lots located north of Grenfell Avenue and 2^nd Street. The proposal is to install a culvert beneath the alley off of Grenfell Avenue, build an approach and culvert system for two houses located south of lot 24, and establish a swale in the alley in Block 16. A debate on whether the proposal would be viable took place as it was believed that a gas line might interfere with establishing the swale in the alley of Block 16. Council postponed their decision until the viability of the proposal could be confirmed.

Bylaw 2008/16 – Tax

Mill Rates A Bylaw to set property tax rates for the taxation year 2008.

Resolution No. 2008/134

Floyd Haas moved first reading of Bylaw 2008/16.

Carried

Resolution No. 2008/135

George Russill moved second reading of Bylaw 2008/16.

Carried

Resolution No. 2008/136

Garry Lentz moved by unanimous consent to have third reading of Bylaw 2008/16.

Carried

Resolution No. 2008/137

LeRay Pahl moved third reading of Bylaw 2008/16.

Carried

Pipeline Crossing

Approval A letter has been received from Petro-Canada Oil and Gas requesting permission to construct a pipeline between NE 35 and NE 36-14-5-W4. They feel they cannot cross the undeveloped road allowance at a 90 degree angle as required and are requesting to intersect at 53 degrees. Petro-Canada needs to tie in at a specific location on existing infrastructure, wants to avoid too many bends and at the same time minimize disturbances. Petro-Canada stated in their letter that they would move this pipeline at their expense for any future road developments on this undeveloped road allowance.

Resolution No. 2008/138

Garry Lentz moved to accept Petro-Canada’s proposal.

Carried

Capital Budget

Amendment Staff is requesting that Council make an addition to the 2008 budget to include the SCADA project which was originally in the 2007 budget but was not finished in 2007. The project is funded 100% under the AMIP program.

Resolution No. 2008/139

Peter Konosky moved to adjust the 2008 budget to include $20,000 for the SCADA project.

Carried

REPORTS:

Public Work’s Report The Public Work’s Report was presented and accepted for information.

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

George Russill left at 3:15 P.M. during the discussion.

Assistant Manager’s

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

ADJOURN: 3:32 P.M.