Download May 18, 2016 - Willow Creek

10803
Claresholm, Alberta, May 18, 2016
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
Deputy Reeve Hemmaway, Councillors Alm, Kroetsch, Sandberg, Sundquist, Van
Hierden and Wilson, Director of Finance Hannas and Executive Assistant Arlene
MacOdrum as recording secretary present.
Lawrence Gleason – Reporter entered the meeting.
1.
2.
Deputy Reeve Hemmaway called the meeting to order at 10:09 a.m.
Resignation of Reeve
Deputy Reeve Hemmaway advised a letter of resignation from the
position of Reeve was received on May 12, 2016 from Councillor Wilson.
Director of Finance Hannas read the letter of resignation into the
record.
Moved by Councillor Alm to accept Councillor Wilson’s resignation
from the position of Reeve as presented.
Carried.
Deputy Reeve Hemmaway thanked Councillor Wilson for his services
as Reeve.
Deputy Reeve Hemmaway advised the next order of business is to
elect a Reeve for the remainder of this term.
Councillor Sandberg nominated Councillor Hemmaway for the
position of Reeve.
Councillor Van Hierden nominated Councillor Alm for the position of
Reeve.
Councillor Alm declined the nomination.
Deputy Reeve Hemmaway called three times for any additional
nominations.
There being no further nominations Deputy Reeve Hemmaway
declared that nominations cease.
Deputy Reeve Hemmaway was declared the Reeve for the remainder
of the term which expires at the 2016 Organizational meeting.
The Official Oath was administered to Reeve Hemmaway.
Reeve Hemmaway advised the next duty of Council is to elect a
Deputy Reeve for the remainder of the term.
Councillor Wilson nominated Councillor Sundquist for the position of
Deputy Reeve.
Councillor Sandberg nominated Councillor Alm for the position of
Deputy Reeve.
Reeve Hemmaway called three times for nominations.
Reeve Hemmaway declared that nominations cease.
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Claresholm, Alberta, May 18, 2016
Director of Finance Hannas handed out ballots to each Councillor to
vote on the position of Deputy Reeve.
Director of Finance Hannas and Executive Assistant MacOdrum left
the room to count the votes.
Director of Finance Hannas and Executive Assistant MacOdrum
returned to the Council Chambers and Director of Finance Hannas announced Councillor
Alm is elected to the position of Deputy Reeve for the remaining term which expires at
the 2016 Organizational Meeting.
The Official Oath was administered to Deputy Reeve Alm.
Moved by Councillor Wilson the ballots for the position of Deputy
Reeve be destroyed.
Carried.
3.
ADDITIONS TO THE AGENDA:
Councillor Sandberg requested an addition to the agenda Council
Matters (h) – Land Use Bylaw Amendment to include Alternative Energy Sources
4.
FINANCE MANAGEMENT:
(a) Cheque Register
Director of Finance Hannas presented the cheque register for cheque
#’s 21060 – 21109 in the amount of $192,840.47 as information.
(b) Cost of Driver’s Abstracts
Director of Finance Hannas presented Policy 320-19 Employee
Vehicle Use Policy which states employees shall provide an annual driver’s abstract, to
the Municipality at their cost. She advised the M.D. pays for driver’s abstracts for 104
firemen, 5 of which are also M.D. employees. She asked if Council would consider
paying for all employee drivers’ abstracts which would cost approximately $1,128.90
this year (53 X $21.30).
Moved by Councillor Sandberg to amend Policy 320-19 Employee
Vehicle Use Policy, Item II Terms of Use (B4) and create a policy for Council approval
stating yearly drivers’ abstracts required for firemen, employees and Council members
with the costs paid for by the municipality.
Carried.
5.
COUNCIL MANAGEMENT:
(a) Draft Biodiversity Management Framework Lower
Athabasca Region
The Draft Biodiversity Management Framework Lower Athabasca
Region was presented as information.
(b) Community Futures Highwood – Private & Public Investment
– presented as information.
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Claresholm, Alberta, May 18, 2016
(c) CBV Collection Service Agreement
Moved by Deputy Reeve Alm the M.D. of Willow Creek No. 26 enter
into an agreement with CBV Collection Service to provide debt collection services as
required and the Chief Administrative Officer be authorized to sign the agreement on
behalf of the Municipal District.
Carried.
(d) Jubilee Insurance Exchange Merging with Genesis Reciprocal
Insurance Exchange
Director of Finance Hannas presented the Genesis Reciprocal
Insurance Exchange Subscriber Agreement for Council’s consideration.
Moved by Councillor Sandberg to approve the Genesis Reciprocal
Insurance Exchange Subscriber Agreement as presented and the Reeve and Chief
Administrative Officer be authorized to sign on behalf of the Municipal District.
Carried.
(e) Federation of Canadian Municipalities 2016 Annual
Conference
Director of Finance Hannas presented an invoice in the amount of
$1,067.75 for a one year membership in the Federation of Canadian Municipalities and
also advised of the annual conference if anyone is interested.
Moved by Deputy Reeve Alm the M.D. of Willow Creek not pay the
Federation of Canadian Municipalities yearly membership fee or attend the conference.
Carried.
(f) Chinook Jr. Stock Show – Thank you – presented.
(g) Community Futures Highwood – AGM July 9, 2016
Councillor Wilson will attend the Community Futures Highwood
Annual General Meeting and dinner on July 9, 2016 in High River.
(h) Land Use Bylaw Amendment – Include Alternative Energy
Sources
Moved by Councillor Wilson to instruct Mike Burla, M.D. Planner to
provide information regarding a Land Use Bylaw amendment to include alternative
energy sources, bio-mass and solar systems.
Carried.
7.
CORRESPONDENCE:
(a) Fort Macleod Fire Department Golf Tournament
Director of Finance Hannas presented a letter from the Fort Macleod
Fire Department requesting a donation to the golf tournament fundraiser. Money raised
will be used towards the purchase of new vehicle extrication equipment.
Moved by Councillor Van Hierden to donate 4 golf shirts and
$1,600.00 to the Fort Macleod Fire Department golf tournament fundraiser from the
following discretionary spending accounts:
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Claresholm, Alberta, May 18, 2016
Divisions 1 & 2 - $200.00 each
Division 3 & 5 - $500.00 each
Divisions 4 & 6 - $100.00 each
Carried.
Moved by Deputy Reeve Alm the meeting goes in camera to discuss a
contractual matter at 10:55 a.m.
Lawrence Gleason left the meeting at 10:55 a.m.
Moved by Councillor Wilson the meeting comes out of in camera.
Carried.
Lawrence Gleason returned to the meeting at 10:56 a.m.
Supper Meeting with the Towns
Moved by Deputy Reeve Alm to authorize the Reeve or Deputy Reeve
to attend a supper meeting with the five Towns on June 21 or 22 in Claresholm.
Carried.
Moved by Deputy Reeve Alm to recess the Council meeting at 11:12
a.m.
Carried.
8.
PUBLIC HEARING
(a) Land Use Bylaw Amendment– Application A-06-16 - Allen &
Sons Auto Recyclers Ltd. (NW 9-15-27-4 (11.08 acres)
Brad and Sheila Tonita (12 Mile Holdings) Blair and Linda Allen (Allen &
Sons Auto Recyclers Ltd.), Matthew & Elizabeth McWilliam and Kelly Hall were
present.
Development Officer Chisholm entered the meeting.
Reeve Hemmaway called the Public Hearing to order at 11:45 a.m.
Reeve Hemmaway called for introductions.
Development Officer Chisholm presented Application A-06-16 being
a Land Use Bylaw amendment by Blair Allen, to redesignate 11.08 acres in NW 9-1527-4 from ‘Rural General – RG’ to ‘Rural Industrial – RI’. She advised the
redesignation will allow for the proposed development of an Auto Recycler & Storage
yard business. The current owner of the property is Dennis Johnston and the applicant
has a purchase proposal on the subject lands with a condition sale, being an approval of
the Land Use Bylaw application and development permit application.
Development Officer Chisholm advised the subject lands contains
11.08 acres of bare land, bounded by Highway 2 to the west and Township Road 152 and
the Hamlet of Parkland to the north. She advised there is an existing entrance to the
parcel off of Township Road 152 and ten residences within a 1-mile radius designated as
Rural General zoning, and approximately 28 residences within the Hamlet of Parkland.
Development Officer Chisholm advised the Land Use Bylaw 1616
land use district ‘Rural General – RG’ does not accommodate for a Noxious Industry –
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Claresholm, Alberta, May 18, 2016
Auto Recycler & Storage yard. She advised ‘Rural Industrial – RI’ is the only land use
district which will accommodate the proposed development. She read the intent of the
Land Use District Regulations for ‘Rural Industrial – RI’ as information.
Development Officer Chisholm stated pursuant to Sections 230, 606
and 692 of the Municipal Government Act, notice of the Public Hearing was placed in
both the Nanton news and the Claresholm Local Press for two consecutive weeks (May
4th & 11th, 2016). She advised adjacent landowners were notified of the public Hearing
by mail and the Notice of Public Hearing was posted on the M.D. website. She said the
following government agencies were notified:
Alberta Transportation, Alberta Health Services and Alberta Motor Vehicle Industry
Council (AMVIC), and Automotive Recyclers Canada/Canadian Auto Recyclers
Environmental Code (CAREC).
Comments from Government Agencies:
Alberta Transportation – Leah Olsen
Development Officer Chisholm read a letter from Leah Olsen,
Development/Planning Technologist, Alberta Transportation advising the subject
property is within the noted control lines and any development would require a permit
from Alberta Transportation and minimum setbacks from the highway would be
identified and invoked as condition of approval, such that an adequate buffer would be
maintained alongside the highway and other issues could be addressed. She advised the
department accepts no responsibility for the noise impact of highway traffic upon any
development or occupants. Noise impact and the need for attenuation should be assessed
and are the sole responsibility of the developer. Any peripheral lighting (yard lights/area
lights) that may be considered a distraction to the motoring public or deemed to create a
traffic hazard will not be permitted.
Alberta Health Services – Courtney Janes
Development Officer Chisholm read a letter from Courtney Janes,
Public Health Inspector II, Executive Officer of Alberta Health Services stating AHS
does not object to the Land Use Bylaw amendment application, but advised if any
evidence of contaminants or other issues of public health concern are identified at any
phase of the development, AHS wishes to be notified.
Alberta Motor Vehicle Licensing Council – Lisa – Licensing Advisor
Development Officer Chisholm read an email from Lisa – Licensing
Advisor of the Alberta Motor Vehicle Licensing Council stating the business is required
to be licensed by AMVIC.
Automotive Recyclers of Canada (ARC) – Steve Fletcher, Managing Director
Development Officer Chisholm read a letter from Steve Fletcher,
Managing Director of Automotive Recyclers of Canada (ARC) stated all members are
audited to the Canadian Auto Recyclers Environmental Code (CAREC). He advised
members who score 85% or over are audited every three years otherwise the requirement
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Claresholm, Alberta, May 18, 2016
is for an audit every two years. CAREC is a voluntary program; members derive
significant benefits such as vehicle recycling programs and dealer take back programs
with Ford, GM and Toyota. The members pay for an independent auditor to visit their
facility, make recommendations for continual improvement and report their results to
their provincial association (Alberta Auto Recyclers & Dismantlers Association) and the
national association.
Steve Fletcher advised CAREC was developed for Environment
Canada for the National Vehicle Scrappage Program – Retire Your Ride. In Alberta,
outside of general environmental regulations, and local licenses and bylaws, the industry
is regulated by the Alberta Motor Vehicle Industry Council.
Steve Fletcher stated Allen & Sons Auto Recycling has been a
longtime member of AARDA and ARC, have participated in the vehicle programs
without incident and are one of the recommended recyclers when a dealership needs a
vehicle moved quickly. Allen & Sons have routinely scored above 85% on CAREC
audits and since they are moving their business would need to be audited to CAREC
before they can be considered Members of AARDA again and participate in the vehicle
programs. He feels Allen & Sons will be an asset to the community.
Comments from Adjacent Landowners:
Brad Tonita
Development Officer Chisholm read a letter from Brad Tonita stating
they do not support the rezoning to allow the discretionary use “Noxious Industry – Auto
Wreckers” for the following reasons:
1.
This is a commercial/industrial enterprise and is suited to commercial parks
available in the Town of Claresholm and Nanton.
2.
Located adjacent to the Hamlet of Parkland which is a residential community.
3.
Description of highway screening material is vague, no fence height specified or
standard to which it will be built.
4.
No mention that the operator is a member of CAREC – Canadian Auto Recyclers
Environmental Code or is aware of such code.
5.
Environmental concerns, no mention of how hazardous waste from vehicle
dismantling will be handled.
6.
No Emergency Response Plan provided.
7.
The business is defined as Auto Recycler/Storage Business without any details of
what will be stored on site and what the recycling business entails.
8.
Noise will have an impact on the Hamlet of Parkland and surrounding residents.
9.
No hours of operation indicated.
10.
No mention of amount of commercial transport traffic that will be entering and
leaving the site.
11.
Nothing is mentioned to what will be done to prevent dumping of vehicles and
related materials at the entrance after hours by the public.
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Claresholm, Alberta, May 18, 2016
Brad Tonita feels the application is vague and has environmental
concerns.
Brian Hawk
Development Officer Chisholm read a letter from Brian Hawk
expressing his concerns of a noxious industry being located in an area with a large
volume of ground water along the Highway 2 corridor. He provided details of water
springs along the highway corridor in the Parkland area and also stated the volume of
water is expelled about 200 yards south of the proposed location. He stated the M.D.
already has ground water issues in Parkland from buried fuel tanks and feels this change
in use would only add to the environmental nightmare. He stated he does not want to
view an auto wrecker every morning.
Glen & Kelly Hall
Director of Finance Hannas read a letter from Glen & Kelly Hall
stating they object to the proposed bylaw amendment to redesignate 11.08 acres of land
within the NW 9-15-27-4 from ‘Rural General – RG’ to ‘Rural Industrial – RI” to
accommodate a Noxious Industry – Auto Wreckers. They stated the said lands plays a
critical role in the watershed of the Parkland area. They rent the NE 9-15-27-4 which
has numerous underground springs that feed into Clear Creek and ultimately into Clear
Lake. They continue to spend considerable time and dollars protecting the springs and
wetlands and stated their half section to the east, surrounding Clear Creek will ultimately
be affected by the Noxious Industry proposed.
Glen & Kelly Hall stated consideration of this proposal will open the
possibility of contamination to a pure, free flowing aquifer that must continue to be
protected. They feel agriculture is a precious resource in this municipality and needs to
be protected and the community of Parkland is a perfect example of mistakes made in
the past regarding contamination and the importance of a pure aquifer. Protection of the
watershed is their greatest concern.
Comments from the Applicant
Blair Allen stated he doesn’t feel they are a noxious business and
should be considered as commercial, but had to apply as a Noxious Industry. He
understands the environmental concerns and would have everything in secondary
containment. He said they presently employ 10 people. He said they proposed metal
clad fencing and screening and will have a huge parking lot for after hour drop offs.
They are currently certified members of Canadian Auto Recyclers Environmental Code
(CAREC) and have an environmental plan and emergency response plan which they
have never had to use. He advised the environmental engineers will ensure everything is
done properly.
Linda Allen stated in the City of Calgary they are located in the
Foothills Industrial area and not considered a noxious industry, they classified as auto
service major. They do the same thing as a garage or auto body shop except they pay to
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Claresholm, Alberta, May 18, 2016
dispose of the freon. Batteries, catalytic converters and mercury switches are disposed of
properly by an AVG licensed transporter. She advised the letter explaining the
containment wasn’t circulated with the rezoning application.
Blair advised they use a double wall above ground containment
system. This will be a good, neat operation with everything in rows.
Development Officer Chisholm showed photos provided by the
applicant of their current operation.
Linda Allen stated the bylaw regulates the height of the fence.
Deputy Reeve Alm stated the application mentions a septic tank and
holding tank, will there be a field.
Blair stated they would prefer to have a septic field but if not allowed
will put in a holding tank.
Councillor Kroetsch asked if they are moving their business out of
Calgary.
Blair Allen stated eventually they will move everything out of the city
however will be a slow process.
Linda Allen stated their son will be taking over in the future and needs
to move out in the country with his horses.
Blair Allen provided information with regards to the photos being
shown.
Reeve Hemmaway asked for any comments or questions.
Development Officer Chisholm advised Mike Burla could not be
present today but he advised if the application goes to the development stage that is
where the concerns will be regulated.
Reeve Hemmaway asked again for any further comments.
Moved by Councillor Sundquist the Public Hearing adjourned at
12:18 p.m.
Carried.
Reeve thanked everyone for attending the Public Hearing.
Kelly Hall, Matthew and Elizabeth McWilliam left the meeting at 12:20 p.m.
Council meeting reconvened at 12:20 p.m.
Councillor Sandberg asked for clarification of comments of a seeping
watercourse.
Councillor Sundquist advised the bedrock is very shallow in that area
and there is surface water, not an above ground watercourse.
Councillor Sandberg stated there are strict environmental regulations
in place and doesn’t see a problem.
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Bylaw No. 1748
Moved by Councillor Van Hierden Bylaw No. 1748, being a bylaw to
amend the Land Use Bylaw to redesignate 11.08 acres in NW 9-15-27-4 from ‘Rural
General – RG’ to ‘Rural Industrial – RI’ be given first reading.
Motion Defeated
Blair & Linda Allen left the meeting at 12:23 p.m.
Brad and Sheila Tonita left the meeting at 12:23 p.m.
9.
ADJOURNMENT:
Moved by Deputy Reeve Alm to adjourn the meeting.
Carried.
Meeting adjourned at 12:24 p.m.
________________________________
Reeve
__________________________________
Chief Administrative Officer