COUNTY COUNCIL MEETING MINUTES Monday, August 11, 2014

HELD AT THE County Administration Office AT 9:00AM.

PRESENT: Reeve Fred Lacey Deputy Reeve Lloyd Kearl Councillor Jim Bester Councillor Roger Houghton Councillor Broyce Jacobs Councillor Mike Loose Councillor Duncan Thompson

ALSO Murray Millward, Chief PRESENT: Administrative Officer Josh Bourelle, Director of Planning Services Mike Bevans, Director of Operations Jennifer Hippard, Admin Assistant

1. PRAYER:

1.1 The prayer was offered by Jim Bester.

2. APPROVAL OF AGENDA:

2.1 Approval of Agenda.

705.14 Moved by: Deputy Reeve Lloyd Kearl to approve agenda for the August 11, 2014 Council Meeting with the following additions.

Jim Bester asked for the following items: -Highway 505 - Health Services in the County -Update on Wes Wolsey

Carried

3. APPROVAL OF COUNCIL MEETING MINUTES: Page 1 of 14 Council Meeting Minutes Monday, August 11, 2014 3.1 Approval of Minutes from July 14,2014.

706.14 Moved by: Councillor Roger Houghton to approve the minutes from July 14, 2014.

Carried

3.2 Approval of Special Council meeting minutes of July 28, 2014.

707.14 Moved by: Deputy Reeve Lloyd Kearl to approve the Special Council meeting minutes from July 28, 2014.

Carried

4. BY-LAWS:

4.1 Bylaw 661.2014 Cardston County Mike Gomola Portion of SE 30-4-27 -W4th

The purpose of proposed Bylaw 661.2014 is to redesignate lands from "Agricultural - AG" to "Rural Commercial/Industrial - RCI" to accommodate future development.

Mr. Gomala requested that this item be moved to the next MPC meeting.

4.2 BYLAW 665.2014 Cardston County First Reading: July 14, 2014

A Bylaw regarding the authority to execute agreements to which Cardston County is a party and cheques drawn on the accounts of Cardston County.

708.14 Councillor Broyce Jacobs to give second reading to Bylaw 665.2014 with addition to item 2(b) "excepting Page 2 of 14 Cardston County Council Meeting Minutes Monday, August 11, 2014 seasonal and part time employees"

Councillor Duncan Thompson requested a recorded vote: For: Lloyd Kearl Michael Loose Broyce Jacobs Jim Bester Duncan Thompson

Against: Roger Houghton Fred Lacey

Carried

709.14 Moved by: Councillor Jim Bester to give third reading to Bylaw 665.2014.

Councillor Jim Bester asked for a recorded vote.

For: Lloyd Kearl Mike Loose Broyce Jacobs Jim Bester Duncan Thompson

Against: Fred Lacey Roger Houghton

Carried

4.3 BYLAW 666.2014 Cardston County First Reading: July 14, 2014

A Bylaw regarding the provision of information regarding the operations and affairs of Cardston County to Councillors and Council as a whole.

Moved by: Councillor Broyce Jacobs to give second Page 3 of 14 Cardston County Council Meeting Minutes Monday, August 11, 2014 710.14 reading to Bylaw 666.2014.

Councillor Jim Bester asked for a recorded vote.

Lloyd Kearl Michael Loose Broyce Jacobs Roger Houghton Jim Bester Duncan Thompson

Against:

Fred Lacey

Carried

711.14 Moved by: Councillor Jim Bester to give third reading to Bylaw 666.2014.

Carried

5. CAO REPORT:

5.1 This months CAO Report was discussed as a Council.

712.14 Moved by: Deputy Reeve Lloyd Kearl to file.

Carried

6. WATERTON I.D #4:

6.1 Waterton I.D #4 would like assistance in their Fire and Ambulance service.

713.14 Moved by: Councillor Broyce Jacobs to work with I.D #4 with grant application.

Carried

7. IN CAMERA:

7.1 In Camera Page 4 of 14 Cardston County Council Meeting Minutes Mondav. August 11. 2014

714.14 Moved by: Councillor Jim Bester to go "In Camera" at 10:35 a.m.

Carried

715.14 Moved by: Councillor Broyce Jacobs to come out of "in Camera" at 10:52 a.m.

Carried

716.14 Moved by: Councillor Duncan Thompson to communicate to Huckvale Wilde Harvie MacLennan LLP, acknowledging their concerns of possible conflict of interest and their full disclosure to represent us in action #1406 00645, and that council has no concerns, notwithstanding any possible conflict of interest.

Carried

717.14 Moved by: Councillor Jim Bester to acknowledge the receipt of Originating documents and affidavits of action #1406 00645 from Court of Queens Bench.

Carried

8. KEARL SIGN:

8.1 The Kearls are requesting the placement of signs on their property by the Community Pasture.

Councillor Lloyd Kearl removed himself from discussion and voting in regards to this item at 11:15 a.m.

718.14 Moved by: Councillor Michael Loose to file.

Councillor Lloyd Kearl returned to the table at 11 :33 a.m.

Carried Page 5 of 14 Cardston County Council Meeting Minutes Monday, August 11. 2014

9. JENSEN TEXAS GATE:

9.1 Ken Jensen would like to install a texas gate, this needs to be brought to Council by Bylaw.

719.14 Moved by: Reeve Fred Lacey to defer for more information.

Carried

10. LUNCH:

720.14 Moved by: Councillor Roger Houghton to recess for lunch at 12:00 p.m. and return to regular Council meeting at 12:30 p.m.

Carried

11. COUNTY WATER VAULTS:

11.1 The County needs to talk about standards for water vaults in the County.

721.14 Moved by: Councillor Roger Houghton that for any private co-op may use a commercial made meter pit as long as the meter rests below the frost line, and the meter is serviceable above the ground.

Carried

12. BLACKMORE PUBLIC RESERVE:

12.1 The Chipman/Biackmore family questions on the Public reserve requirements was discussed.

722.14 Moved by: Councillor Michael Loose to defer for more information.

Carried Page 6 of 14 Cardston County Council Meeting Minutes Monday, August 11, 2014 13. WELLING STATION:

13.1 Council discussed changing the boundary of the of Welling Station.

Councillor Broyce Jacobs removed himself from discussion and voting on this item at 12:46 p.m.

723.14 Moved by: Councillor Michael Loose to increase the size of the Hamlet of Welling Station to include the new lots.

Carried

Councillor Broyce Jacobs returned to regular Council at 12:50 p.m.

14. DRAINAGE:

14.1 Administration would like to provide information on drainage issue on TP 60.

Councillor Jim Bester called a Point of Order, stating that he would like to remove himself from discussion as his name is on some of the reports to council.

Councillor Duncan Thompson removed himself from the table after discussion at 1 :20 p.m.

724.14 Moved by: Reeve Fred Lacey that public works is to determine the cut to be required for drainage to west, and to talk to the Cooks about drainage.

Carried Page 7 of 14 Cardston County Council Meeting Minutes Monday, August 11, 2014

Councillor Jim Bester and Duncan Thompson returned to Council meeting at 1 :28 p.m.

15. VILLAGE OF HILL SPRING:

15.1 The Village of Hill Spring would like to partner with either the County or the Town of Cardston to apply for a Alberta Community Partnership grant for operation of the Village. Council discussed the request and the information provided.

725.14 Moved by: Councillor Jim Bester to file.

Carried

16. GRANDVIEW HOLDINGS:

16.1 Grandview Holdings has approached the County about purchasing some land.

Councillor Lloyd Kearl removed himself from discussion and voting on this item.

726.14 Moved by: Councillor Jim Bester to defer.

Defeated

727.14 Moved by: Councillor Broyce Jacobs to file.

Carried

17. DISABILITY BENEFITS POLICY:

17.1 The County needs to adopt a policy regarding Long Term disability and benefits. Council discussed the various lengths of time of short term and long term disability, and the current policy for benefits. Page 8 of 14 Cardston County Council Meeting Minutes Monday. August 11. 2014

728.14 Moved by: Councillor Broyce Jacobs to extend the health benefits to 1 year after the short term disability ends.

Carried

18. LANE ADAMS:

18.1 Administration discussed the retirement policy for gifts and acknowledgements.

729.14 Moved by: Councillor Duncan Thompson to change the retirement recognition to choice of $100.00 per service year or equivalent in bronze statue or plaque.

Carried

19. NEW HOME BUYERS PROGRAM:

19.1 Information from Josh Bourelle in regards to the New Home Builders Warranty.

730.14 Moved by: Councillor Broyce Jacobs to present the resolution to Foothills Little Bow at the next meeting.

Carried

20. COUNTY SAFETY CODE ASSIGNMENT:

20.1 The County currently has Park Enterprises Page 9 of 14 Cardston County Council Meeting Minutes Monday, August 11, 2014 handling their safety code permitting and inspections.

731.14 Moved by: Councillor Jim Bester to have county residents use an inspection agency of their choice as long as the agency has proper accreditation and an agreement with the municipality and that reports are taken out and submitted as per normal process.

Carried

21. ARPA CONFERENCE:

21.1 Councillor Jim Bester would like to inquire about attending this conference.

732.14 Moved by: Deputy Reeve Lloyd Kearl to send Councillor Jim Bester to ARPA Conference and take the money out of Municipal reserves.

Defeated.

22. BYLAW 354185:

22.1 Information on rescinding of bylaw 354/85.

A Point of Order was called by Duncan Thompson, stating that there should be no first reading of bylaw 668.2014, stating that in the MGA 187, sub section 2, it states that they should allow sufficient time for reading of new bylaws, he felt that there was not sufficient time given to have first reading.

Duncan Thompson stepped away from the table at 3:20 p.m after discussion of Jim Besters motion.

733.14 Moved by: Councillor Jim Bester to rescind motion No. 646.14 made during the June 23, 2014, council meeting to rescind Bylaw 354/85, as per the advice of the lawyers.

Carried Page 10 of 14 Cardston County Council Meeting Minutes Monday, August 11, 2014

734.14 Moved by: Reeve Fred Lacey to defer bylaw 668.2014.

Carried

23. PUBLIC WORKS UPDATE:

23.1 Council discussed with Public Works the various projects and items they are working on or completed.

735.14 Moved by: Councillor Michael Loose to proceed with the Welling drainage study at the cost of $10,700.00.

Carried

736.14 Moved by: Councillor Lloyd Kearl to give approval to the purchases required for easements.

Carried

737.14 Moved by: Councillor Michael Loose to place a 50Km Speed limit sign on TWP 64 East Highway 5.

Carried

738.14 Moved by: Deputy Reeve Lloyd Kearl to file the Public works update.

Carried

24. COUNCIL DISCUSSION:

24.1 Councillor Duncan Thompson asked to have the following items placed on the agenda.

1. Drainage problems along Township Road 60 and Range Road 221 and Range Road 222 north of the Town of Magrath.

This item has been dealt with during previous discussion. Page 11 of 14 Cardston County Council Meeting Minutes Monday, August 11, 2014

24.2 2. Report of Michael Henderson on plans and steps for the upcoming 2015 County Budget.

739.14 Moved by: Councillor Duncan Thompson to approve the proposal for the timeline of the budget.

Carried

24.3 3. Update on funding and improvement of "Police Lake Road".

This item has been dealt with in previous discussions.

24.4 4. Scheduling the precise date for the October Public Meeting regarding the CAO Bylaw etc. as well as the County's methods and manner of notifying the members of the public, including particularly both our residents and taxpayers.

The dates are as follows; Magrath, October 21st, 2014, Seniors Center at 7:00p.m., Cardston, October 22, 2014, Tanner Center at 7:00p.m.

24.5 5. Establishing a permanent policy of video recording Council Meetings and posting the recordings on YouTube.

740.14 Moved by: Councillor Duncan Thompson that all council meetings will be recorded and put on youtube for the public and for our records.

Carried

24.6 6. Improving the timing of posting the approved minutes from Council and other meetings on the County website. For example, on July 14, 2014 the Council minutes for its meetings of June 9, 2014 and June 23, 2014 were officially approved. Yet as of July 29, 2014 they have not been posted to the website for the public or members of council to review or copy. Page 12 of 14 Cardston County Council Meeting Minutes Monday, August 11, 2014

741.14 Moved by: Councillor Duncan Thompson to file.

Carried

24.7 7. Posting the missing Bylaws on the County website.

742.14 Moved by: Councillor Duncan Thompson to file.

Carried

24.8 8. C.A.O Murray Millward.

25. IN CAMERA:

25.1 In Camera.

743.14 Moved by: Councillor Jim Bester requested to go "in Camera" at 5:55 p.m.

Carried

744.14 Moved by: Councillor Broyce Jacobs requested to come out of "in Camera" at 6:30 p.m.

Carried

745.14 Moved by: Councillor Duncan Thompson to accept the offer of resignation of Murray Millward with 18 months wages plus benefits including vacation pay and he would cease to be CAO of Cardston County.

Councillor Duncan Thompson to defer this motion to September 8, 2014 to allow more time for Council.

Carried

26. F/NANCIALS:

26.1 Council discussed the monthly financials.

746.14 Moved by: Councillor Michael Loose to file. Page 13 of 14 Cardston County Council Meeting Minutes Monday, August 11, 2014

Carried

27. FOR COUNCILS INFORMATION:

27.1 Documents received by administration for your information.

Councillor Duncan Thompson removed himself from the table at 6:46 p.m.

747.14 Moved by: Jim Bester to seek legal advice on the best position in writing from the lawyers.

Carried

Duncan Thompson returned to the table at 6:48 p.m.

28. CORRESPONDENCE:

28.1 Correspondence received by administration for your information.

748.14 Moved by: Councillor Broyce Jacobs to file.

Carried

29. OTHER:

29.1 Alberta Health Services work in the County.

29.2 Highway 505 Road Ban.

29.3 Cross Border Trading - MPC

Request from Council to talk to Jody Best about this development.

29.4 Town of Magrath request for ACP grant to finish off trail system. Page 14 of 14 Cardston County Council Meeting Minutes Monday, August 11, 2014 749.14 Moved by: Councillor Duncan Thompson to participate with the Town of Magrath with the ACP grant as the second position and Cardston County spends no funds in the future.

Carried

30. ACCOUNTS PAYABLE:

30.1 Accounts Payable for Councils review and approval.

750.14 Moved by: Deputy Reeve Lloyd Kearl that General Cheque No.2014-7159 to Cheque No. 2014-7239, in the amount of $208,666.31, Council Per Diem Cheque No.2014-2340 to Cheque No.2014-2345 in the amount of $7,558.91, Direct Payroll Transfer in the amount of $162.387.08, Visa Payments in the amount of $1636.82 and Utilities in the amount of $4,930.86 be approved for payment.

Carried

31. ADJOURNMENT:

31.1 Adjournment of Council Meeting.

751.14 Moved by: Deputy Reeve Lloyd Kearl to adjourn the August 11, 2014 Council Meeting at 7:25p.m.

Carried