Minutes of the Cypress County Council Meeting held May 18^th, 2010

PRESENT: Darcy Geigle, Reeve

Brad Betcker, Deputy Reeve

Floyd Haas

LeRay Pahl

George Russill

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

CALL TO ORDER: 10:32 A.M.

AGENDA: Resolution No. 2010/158

George Russill moved to accept the agenda with the addition of Range Road 65 – Annexation to Committee Session.

Carried.

MINUTES: Resolution No. 2010/159

LeRay Pahl moved to approve the minutes of the May 4^th, 2010 Public Hearing and Council Meeting.

Carried.

ACCOUNTS FOR

PAYMENT: Resolution No. 2010/160

Herb Scott moved to approve the Accounts for Payment in the amount of $ 514,548.49.

Carried.

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 May 4, 2010.

Councillors Clark and Russill left the meeting at 10:42 A.M. and returned at 10:47 A.M, as they were not in attendance for the public hearing.

Resolution No. 2010/161

LeRay Pahl moved 2^nd reading of Bylaw 2010/11.

Defeated.

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.

At the May 4^th Council meeting, the Bylaw received 1^st and 2^nd reading.

Resolution No. 2010/162

Jerry Clark moved 3^rd reading of Bylaw 2010/17.

Carried.

Bylaw 2010/19 –

Westside Water

Co-op At the March 23^rd Council meeting, a LIP amendment was approved for 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.

At the May 4^th Council meeting, the Bylaw received 1^st and 2^nd reading.

Resolution No. 2010/163

Jerry Clark moved 3^rd reading of Bylaw 2010/19.

Carried.

Bylaw 2010/10 –

Off Highway

Vehicle Bylaw The provincial statute which regulates the use of off highway vehicles does not regulate their use on private property. A municipal bylaw regulating and controlling the operation of off highway vehicles is required to address ongoing and increasing complaints concerning the use of them on private property.

Council advertised the bylaw to gain public input. The majority of input received was in opposition to the bylaw.

Resolution No. 2010/164

LeRay Pahl moved 2^nd reading of Bylaw 2010/10.

Defeated.

Tax Refund

Request - Stabbler At the January 5^th, 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 20^th 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.

At the May 4^th Council meeting, no decision was reached.

Resolution No. 2010/165

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

Defeated.

COMMITTEE

SESSION: Resolution No. 2010/166

Garry Lentz moved to go into committee of the whole.

Carried.

Resolution No. 2010/167

Floyd Haas moved to come out of committee of the whole.

Carried.

DELEGATION:

Highway 3 – Technically

Preferred Improvement

Strategy, Sean Willis,

Rhonda Shewchuk,

Stantec; Firoz Kara,

AB Transportation Discussed in Committee Session. Councillor Betcker and Clark left the meeting at 11:54 A.M. and returned to the meeting at 12:00 P.M. due to a conflict of interest.

Resolution No. 2010/168

Garry Lentz moved to endorse the technically preferred Option 2 for Highway 3 Twinning from Range Road 71 to West of Seven Persons.

Defeated.

RECESS: 12:00 P.M.

RECONVENE: 12:42 P.M.

NEW BUSINESS:

Bylaw 2010/21 –

Land Use Amendment

(Pt NE 21-11-5-W4) An application has been received from South Valley Developments to reclassify a portion of the NE 21-11-5-W4 from Agricultural District 1 “A-1 Urban Fringe” to Country Residential District “CR”.

Resolution No. 2010/169

Jerry Clark moved 1^st reading of Bylaw 2010/21.

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.

Council is supporting St. Catharines’ City Council in asking that the Royal Canadian Legion be exempt from GST on purchases of red lapel poppies. Council would like flags ordered with the words “Cypress County” appearing inside Cypress County’s logo.

Resolution No. 2010/170

George Russill moved to sign the Fire Services Agreement with the Town of Redcliff.

Carried.

Resolution No. 2010/171

George Russill moved to have the Annual Ratepayer’s Meeting on June 28^th at 7:00 P.M.

Carried.

Reeve’s/Councillors’

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

COMMITTEE

SESSION: Resolution No. 2010/172

Brad Betcker moved to go into committee of the whole.

Carried.

Resolution No. 2010/173

Peter Konosky moved to come out of committee of the whole.

Carried.

BUSINESS ARISING:

Range Road 65 –

Annexation Discussed in Committee Session.

ADJOURN: 1:24 P.M.