Minutes of the Cypress County Council Meeting held May 4th, 2010

 

PRESENT:                           Darcy Geigle, Reeve

                                                Brad Betcker, Deputy Reeve

                                                Floyd Haas

                                                LeRay Pahl

                                                Garry Lentz

                                                Herb Scott

                                                Jerry Clark

                                                Peter Konosky

                                                Lutz Perschon, Manager

                                                Doug Henderson, Assistant Manager

                                                Rick Bleau, Public Works Supervisor

                                                Jeffrey Dowling, Planning Advisor

                                                Roxanne Risk, Treasurer/Recording Secretary

 

ABSENT:                              George Russill

 

CALL TO ORDER:              11:08 A.M.

 

AGENDA:                              Resolution No. 2010/124

 

                                                Garry Lentz moved to accept the agenda with the addition of 7(j) Walsh Bridge to New Business.  

 

                                                                                                Carried.

 

MINUTES:                            Resolution No. 2010/125

 

                                                Herb Scott moved to approve the minutes of the April 20th, 2010 Public Hearing and Council Meeting.

 

                                                                                                Carried.

 

ACCOUNTS FOR              

PAYMENT:                           Resolution No. 2010/126

 

Peter Konosky moved to approve the Accounts for Payment in the amount of $ 2,000,043.88.

 

                                                                                                Carried.

BUSINESS ARISING:

 

Bylaw 2010/13 –

Land Use Amendment

(Pt SE 4-11-7-W4)               An application has been received from Neal Dow and Brad and Loretta Pollard to reclassify a portion of the SE 4-11-7-W4, from Agricultural District 2 “A-2 General Agriculture” to Country Residential District 2 “CR-2”.  A public hearing on the proposed bylaw was held prior to the meeting.

 

                                                Council would like the bylaw redrafted to include the actual area to be reclassified.

 

                                               Resolution No. 2010/127

                                                

                                               LeRay Pahl moved 2nd reading of Bylaw 2010/13.

 

                                              

                                               Resolution No. 2010/128

                                                

                                               Brad Betcker moved to postpone Bylaw 2010/13.

 

                                                                                                Carried.

 

Bylaw 2010/12 –

Cypress View

Loan                                      At the March 23rd council meeting, Council passed 1st reading which will lend Cypress View Foundation $ 218,366.40.  Advertising has been completed with no petition received.

 

                                               Resolution No. 2010/129

                                                

                                               LeRay Pahl moved 2nd reading of Bylaw 2010/12.

 

                                                                                                Carried.

 

                                               Resolution No. 2010/130

                                                

                                               Brad Betcker moved 3rd reading of Bylaw 2010/12.

 

                                                                                                Carried.

 

Bylaw 2010/14 –

Local Improvement

Plan – Paving

Subdivision Road             At the February 16th Council meeting, a LIP was approved for paving the road in the Country Residential Subdivision at 12303 Highway 41 for an estimated cost of $ 185,000 plus GST.  The plan was circulated to the adjacent property owners who would be liable to pay the LIP tax.

 

                                               A petition signed by six of the nine landowners representing greater than ½ the assessment has been received.  According to the MGA, some deficiencies exist in the petition, so Council is not legally bound to follow its direction.

 

                                                At the April 20th Council meeting, Council moved to proceed with the Bylaw as presented and received 1st and 2nd reading.

 

                                               Resolution No. 2010/131

                                                

                                               Garry Lentz moved 3rd reading of Bylaw 2010/14.

 

                                                                                                Carried.

 

Bylaw 2010/15 –

Local Improvement

Plan – Community

Water Conservation

Co-op                                    At the February 16th Council meeting, a LIP was approved for financing 75% of the cost of installing a raw water irrigation system in Seven Persons, for an estimated cost of $ 100,000.  The plan was circulated to the benefitting property owners who would be liable to pay the LIP tax and no petition against it was received.

 

                                                At the April 20th Council meeting, the Bylaw received 1st and 2nd reading.

                                               

                                                Resolution No. 2010/132

 

                                                LeRay Pahl moved 3rd reading of Bylaw 2010/15.

 

                                                                                                Carried.

 

Tax Refund

Request - Stabbler             At the January 5th, 2010 Council meeting, Barb Stabber (Thomas) appeared before Council to express concerns about the increase of her property taxes (Plan 0510124, Block 1, Lot 7), with the intention of receiving a refund on her taxes.  At that time, Council directed her to research if development was a possibility, with the help of staff.   She cannot develop on her land due to a requirement of a 100 foot setback from an existing well. 

                                              

                                               At the April 20th Council meeting, the property is considered undevelopable due to the 100 foot setback from an existing gas well.   In years prior to 2008, the parcel qualified for a farmland assessment because of the grazing of horses.  In 2008, the parcel sold and was not grazed thus assessment  changed from farmland to market value. 

 

                                               Resolution No. 2010/133

 

                                               Jerry Clark moved no action.

 

                                                                                                Defeated.

 

                                               Resolution No. 2010/134

 

                                               Brad Betcker moved to postpone.

 

                                                                                                Defeated.

 

                                               Resolution No. 2010/135

 

                                               Brad Betcker moved to refund the municipal portion of the taxes.

 

                                                                                                Defeated.

 

NEW BUSINESS:

 

Cancellation of

Overdue Accounts

Receivable                          Staff has brought to Council’s attention 4 accounts that are currently outstanding and are requesting to write off the accounts.

                                               Resolution No. 2010/136

 

                                               Jerry Clark moved to write off the outstanding overdue accounts of $ 2,179.81.

                                              

                                                                                                Carried.

 

Bylaw 2010/16 –

Engine Retarders               This item arises out of a question from a Councillor to the Public Works Department regarding the history of the “Do not use Engine Brakes” signs located both on Highway 1 and Twp Rd 120/Eagle Butte Road through the Hamlet of Dunmore.

 

                                                Resolution No. 2010/137

 

                                                Garry Lentz moved to change the “prohibited” signs to a request for non-use.

 

                                                                                                Carried.

 

Bylaw 2010/17 – 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. 2010/138

 

                                                LeRay Pahl moved 1st reading of Bylaw 2010/17.

 

                                                                                                Carried.

 

                                                Resolution No. 2010/139

 

                                                Garry Lentz moved 2nd reading of Bylaw 2010/17.

 

                                                                                                Carried.

 

                                                Resolution No. 2010/140

 

                                                Brad Betcker moved by unanimous consent to have 3rd reading of Bylaw 2010/17.

 

                                                                                                Defeated.

Bylaw 2010/18 – Tax

Mill Rates                              A Bylaw to set property tax rates for the taxation year 2010.

 

                                                Resolution No. 2010/141

 

                                                Jerry Clark moved 1st reading of Bylaw 2010/18.

 

                                                                                                Carried.

 

                                                Resolution No. 2010/142

 

                                                LeRay Pahl moved 2nd reading of Bylaw 2010/18.

 

                                                                                                Carried.

 

                                                Resolution No. 2010/143

 

                                                Herb Scott moved by unanimous consent to have 3rd reading of Bylaw 2010/18.

 

                                                                                                Carried.

 

                                                Resolution No. 2010/144

 

                                                Garry Lentz moved 3rd reading of Bylaw 2010/18.

 

                                                                                                Carried.

 

RECESS:                              12:02 P.M.

 

RECONVENE:                     12:42 P.M.

 

Bylaw 2010/19 –

Westside Water

Co-op                                     At the March 23rd Council meeting, a LIP amendment was approved fro financing 100% of the non-grantable cost of constructing the Westside Water Co-op system for an estimated cost of $ 5,875,916.00.  The revised plan was circulated to the benefiting property owners who would be liable to pay the LIP tax.  No petition was received against the financing of the project.

 

                                                Resolution No. 2010/145

 

                                                Jerry Clark moved 1st reading of Bylaw 2010/19.

 

                                                                                                Carried.

 

                                                Resolution No. 2010/146

 

                                                LeRay Pahl moved 2nd reading of Bylaw 2010/19.

 

                                                                                                Carried.

 

                                                Resolution No. 2010/147

 

                                                Brad Betcker moved by unanimous consent to have 3rd reading of Bylaw 2010/19.

 

                                                                                                Defeated.

 

Bylaw 2010/20 –

Fees for Service                  A bylaw to reflect changes in the fees for services provided by or on behalf of Cypress County.

 

                                                Resolution No. 2010/148

 

                                                Herb Scott moved 1st reading of Bylaw 2010/20.

 

                                                                                                Carried.

 

                                                Resolution No. 2010/149

 

                                                Jerry Clark moved 2nd reading of Bylaw 2010/20.

 

                                                                                                Carried.

 

                                                Resolution No. 2010/150

 

                                                Jerry Clark moved by unanimous consent to have 3rd reading of Bylaw 2010/20.

 

                                                                                                Carried.

 

                                                Resolution No. 2010/151

 

                                                LeRay Pahl moved 3rd reading of Bylaw 2010/20.

 

                                                                                                Carried.

 

Returning Officer

Appointment                        One of the duties of the Assistant Manager is to act as the Returning Officer and secretary pursuant to the Local Authorities Election Act.  However, in order to ensure that all the legalities of holding an election are met, contracting an experienced person to run the election would help maintain the efficient operation of the County. 

 

                                                Resolution No. 2010/152

 

                                                Jerry Clark moved to appoint Keith Bender as Returning Officer, under Section 13(1) of the Local Authorities Election Act.

 

                                                                                                Carried. 

DELEGATION:

 

Meyers Norris Penny,

Delayne Spackman and

James Fehr                          The County has received its audited 2009 financial statements from Meyers Norris Penny.  Council was presented a copy of the statements along with a letter addressed to Council.  The purpose of the letter is to bring attention to any issues, recommendations or opinions of the auditors.

 

COMMITTEE

SESSION:                             Resolution No. 2010/153

 

                                                Jerry Clark moved to go into committee of the whole.

 

                                                                                                Carried.

 

                                                Resolution No. 2010/154

 

                                                Jerry Clark moved to come out of committee of the whole.

 

                                                                                                Carried.

2009 Audited Financial

Statements                           Discussed in committee session.

 

                                                Resolution No. 2010/155

 

                                                Brad Betcker moved to accept the 2009 audited financial statements.

                                                                                                Carried.

 

Citizen of the Year              Council accepted the nomination for Citizen of the Year – Bill Matuska.

 

Walsh Bridge                       The bridge north of Walsh is being upgraded and Reeve Geigle would like the road to be upgraded as well.

 

                                                Resolution No. 2010/156

 

                                                LeRay Pahl moved to allow two loads of gravel for the Walsh bridge road (Township 120, North of Walsh).

 

                                                                                               Carried.

 

REPORTS:

 

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

 

                                                The County will not be constructing a drainage ditch at Mr. Pisoni’s property.  Council would like prices for filling in the old reservoirs in Seven Persons. 

 

DELEGATION:

 

Area Transmission

Line Updates and

Setbacks, Altalink,

Conrad Journault,

Bradley Edson                    Mr. Journault updated Council on the preferred routes and alternate routes for the transmission lines from Cassils to Bowmanton and Bowmanton to Whitla.   Council was updated on the timelines for public hearings, consultations, filing of the applications and proposed construction start dates.  Mr. Jounrault indicated that setback relaxations will be submitted on a case by case basis.

 

REPORTS:

                                               

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

 

                                                Council would like a price for resurfacing the yard and for a drainage plan.  Council would like the pipe to be painted in

                                                the entry hallway in the new addition. 

                                               

                                                                                              

Assistant Manager’s

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

 

Reeve’s/Councillors’

Reports                                 Updates were provided on meetings/conferences attended and upcoming meetings. 

 

BUSINESS ARISING:

 

Bylaw 2010/11 –

Land Use Amendment

(Pt SE 18-13-6-W4)             An application has been received from Richard Huber to reclassify a portion of the SE 18-13-6-W4, from Agricultural District 1 “A-1 Urban Fringe” to Country Residential District 2 “CR-2”.  A public hearing on the proposed bylaw was held prior to the meeting.

                                               

                                                Councillor Clark did not participate in the discussion or in voting, as he was not in attendance for the public hearing.

 

                                                The property is located in the proposed IDP area.  Council would like clarification regarding future subdivision eligibility if the IDP is passed.

                                               

                                                Resolution No. 2010/157

 

                                                LeRay Pahl moved  to postpone Bylaw 2010/11.

 

                                                                                                Carried.

 

 ADJOURN:                           3:16 P.M.