HomeMy WebLinkAbout1997-06-24 Council MinutesE
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M D OF KNELHILL 948
AGENDA - COUNCIL MEETING June 24, 1997
1 Approval of Agenda
2 Approval of Minutes - note correction request re May 13 1997 edited minutes
3 J C Jeffery Report
4 Executive Committee Report
5 Accounts Payable
APPOINTMENTS.
10 15 A.M Mr Lonnie McCook, Public Works Superintendent
11 00 AN Mr & Mrs Ralph Lowen and Mr Otto Braaz - see agenda item #10
GENERALITEMS
6 Carbon Transfer Site
7 Recreation Reports
TRANSPORTATION ITEMS.
8 Public Works Superintendent Report
9 SH 836 Culvert West of SW 20 30 22 W4
10 Lowen/Braaz Access
ASB ITEMS.
11 ASB Recommendations
LATE ITEMS
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M D OF KNEEHILL No. 48 COUNCIL MINUTES
June 24,1997
A regular meeting of council was held in the M.D of Kneehill office 232 Main Street,
Three Hills, Alberta, on Tuesday, June 24, 1997, commencing at 8 30 A.M
The following were present for the meeting
Reeve Otto Hoff
Councillors Marylea Lowen
Robert E Boake
Marjorie Vetter
James M Hanger
Richard M Vickery
M Glen Wagstaff
Division Two
Division One
Division Three
Division Four
Division Five
Division Six
Division Seven
John C Jeffery, Administrator
Jennifer Deak Assistant Administrator, was also present and recorded the minutes
PRESENT
Reeve Otto Hoff called the meeting to order at 8 30 A.M CALL TO ORDER
Mr Vickery reported he had another appointment at 10 45 A.M to day
Mr Jeffery noted he would be attending the Central Alberta Association of Municipal
Districts and Counties (CAAMD &C) special meeting, at the Three Hills Community Centre
commencing at 9 30 AN to day
The following items was requested to be added to the agenda
12 Grad and Walker request
13 AB Pool
ADDITIONS TO
AGENDA
Mr Boake moved approval of the agenda with the addition of the above noted items APPROVAL OF
CARRIED AGENDA
Mr Jeffery reported Mr Robert Charlebois has advised the May 13 1997 edited minutes,
published in the June 18 1997 newspaper, regarding the road access agreement NE 24 29
23 -W4, does not correctly reflect his position The minutes report Mr Charlebois will not
allow Mr Barnes access to his land via NE 24 29 23 W4 road access agreement Mr
Charlebois has requested an amendment to these minutes to reflect that he has allowed Mr
Barnes access for 1997 and requested this matter be resolved and settled for 1998
CORRECTION TO
MA Y 13/97
MINUTES
Mrs Lowen moved approval of the May 27, 1997, council minutes, including the above APPROVAL OF
noted correction to the May 13, 1997 minutes. MINUTES
CARRIED
Mr Jeffery requested information on who would be golfing in the August 15,1997,
Parkland Savings and Credit Umon/M D of Kneehill Golf Tournament Councillors
Vickery Lowen Hanger, Wagstaff and Boake all indicated they and their spouse would be
golfing Mrs Vetter indicated she would be golfing and would confirm her spouse s
attendance Mr Hoff indicated he would not be golfing in the tournament but would try to
attend the supper It was agreed to have administration staff make up any team balances
Mr Jeffery's report was presented
Mr Wagstaff moved approval of Mr .Ieffery's report
CARRIED
Mr Hoff requested information regarding the CN lands across from the Olsen residence in
Swalwell, noting a fence and gate was being build on this property Mr Jeffery noted the
office would check out this matter, including ownership of the property
The Executive Committee Report was presented
Under Executive Committee #6 June 11, 1997, Letter from Leah Uffelman re Large Rocks
MIMIN
PARKLAND
CREDIT UNION
GOLF
TOURNAMENT
APPROVAL OF JCJ
REPORT
SWAT_ WELL
PROPERTY
RE UEST
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M D OF KNEEHILL No 48 COUNCIL MINUTES
June 24, 1997
Flying Off M.D Gravel Trucks, a discussion followed on the option to require the M.D
gravel trucks to use tarps when travelling on secondary and primary highways It was UFFELMAN
agreed to further discuss this matter with the Public Works Superintendent, later in the day LETTER RE.
GRAVEL TRUCKS
Under Executive Committee #7 Dog Attack Mrs Vetter requested the recommendation be
changed to a request the dog be kept restrained, not destroyed
Mrs Lowen moved the Executive Committee recommendation for report item #7, Dog DOGATTACK
Attack, be amended to reflect a letter be sent to the dog owners requesting their dog be RECOMMENDATIO
kept restrained at all times (tied up or in a cage), the owners confirm this restraint and N REVISED
further, should the owners fail to restrain this animal, the M D. will seek legal action.
CARRIED
Under Executive Committee #16 AAMD &C Letter re Statistics Canada Census Data By
Township Mr Jeffery further reported the census data from the AAMD &C had been STATS CANADA
received but only reported totals by township and a more detailed census would be CENSUS DATA
requested from Statistics Canada
APPROVAL OF
Mr Boake moved approval of the Executive Committee Report EXEC COMM
CARRIED REPORT
Mr Vickery moved approval of the accounts presented for payment to -day, suhject to APPROVAL OF
review by the Finance Committee of Councillors Hoff and Lowen ACCOUNTS
CARRIED
Mr. Hanger moved agenda item #6, Carbon Transfer Site, be tabled, pending receipt of CARBON
further information TRANSFER SITE
CARRIED TABLED
Mr Jeffery reported the villages of Carbon and Acme have forwarded their responses
regarding the M.D s recreation policies and uniform user fees Acme notes their pool fees
have been set for the 1997 season Mr Bob Hannah will be their representative at the
meeting to discuss a regional recreation board and further, uniform user rates could be
discussed at this meeting Carbon advises its pool rates have also been set for the 1997 REGIONAL
season, it does not wish to participate in the formation of a regional recreation board to RECREATION&
serve all pools and arenas in the M D and feels each community knows their own economic UNIFORM USER
situation and can best fudge what user fees rates are reasonable for their facilities It was FEES
noted no response has yet been received from Three Hills and Torrington
Mr. Vickery moved to table this matter, pending receipt of the responses from Three RECREATION
Hills and Torrington POLICIES TABLED
CARRIED %e?
Mr Jeffery reviewed the Agricultural Service Board (ASB) recommendations, regarding
board make up and reporting procedures for the Ag Fieldman It was noted the ASB
recommendation was to have the new Ag Fieldman report to the ASB Chairperson on RECOMMENDATIO
program matters and the Administrator on all other matters Regarding the ASB NS
recommendation to have all councillors sit on the ASB, Mr Jeffery noted the ASB Act is -fc f j,70,,0 -;r ,,,,W
currently under review and the proposed amendments, including changes to board
composition had not yet received Royal Assent A discussion followed on the ASB rental
equipment and the previous motion to freeze all requests for ASB equipment rentals in the
absence of an Ag Fieldman A request was made to obtain a listing of the ASB equipment
for the next meeting
Mrs Lowen moved to remove the previous motion regarding the ASB equipment rentals ASB RENTAL
and that, effective 9 00 A.M to -day, this equipment be available for rental under the EOUIPMENT
same Rental Policy and Rates as existed prior to the motion to freeze the rental of this AVAILABLE
equipment. IMMEDIATELY
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M.D. OF KNEEHILL No. 48 COUNCIL MINUTES
June 24, 1997
CARRIED
Mrs. Lowen moved the ASB meetings be combined with the Council meetings
COMBINED ASB &
CARRIED
COUNCIL
MEETINGS
It was agreed to review the equipment rental rates at the first combined ASB Council
- �1'"E10
meeting, in July
REVIEWOFASB
RENTAL
A recess was held from 9.20 A.M 9 40 A.M
EQUIPMENT
�e� n�oae T,014,4
Mr Jeffery was not present when the meeting continued
JEFFERYOUTOF
Mr Lonnie McCook, Public Works Superintendent, entered the meeting
MEETING
PWS INTO
The Public Works Superintendent report was presented
MEETING
Under report item #5 Public Works Organizational Chart, Mr McCook distributed an
organizational chart of the transportation and utility departments The chart breaks down
PWSREPORT
the Public Works Superintendent departments utility parks and cemeteries road crew
gravel crew maintenance crew and shop A list of the 1997 public works crew were also
P"
®
distributed to the council members
ORGANIZATIONAL
CHART
Mr Richard Marz, MLA - entered the meeting time9-40 A.M
MARZ INTO
The problems of washboard on the gravel roads was briefly discussed and it was
MEETING
acknowledged this is a problem throughout the municipality
Mr Hoff extended greetings to Mr Marz who reciprocated the greeting, noting he was en
route to the CAAMD &C meeting at the community centre Mr Marz then left the meeting
MARZOUT OF
time 10 50 A.M
MEETING
A discussion followed on the option of the M D gravel trucks using tarps when hauling on
secondary and primary highways Mr Vickery noted Alberta Transportation and Utilities
would probably be regulating the use of tarps in the future Mr McCook noted the M.D
accepts no liability for claims relating to gravel flying from gravel trucks, the M.D gravel
truck drivers are usually more conscious of their loads because of public perception and
REQUEST FOR
image, if tarps were used, one round of gravel haul trips would be lost per day Mr
PRICES FOR TARPS
®
McCook was requested to obtain prices for gravel truck tarps Mr McCook noted he
for hoop
FOR GRAVEL
would obtain prices the type tarps
TRUCKS
Mr Vickery moved approval of the Public Works Superintendent report
APPROVAL OFP"
CARRIED
REPORT
Mrs Deak reported Torchinsky Engineering has prepared an engineering cost estimate for a
detailed drainage study of the SH 836 culvert (west of SW 20 30 22 W4) The total
engineering cost estimate is $9 476 50
COST ESTIMATE
Mrs. Vetter moved a letter be sent to all involved parties, advising of this engineering
FOR DRAINAGE
cost estimate and inquiring whether any of the involved parties would be willing to
STULTSH836
participate in this drainage project Further, all parties be advised the M D would be
CULVERT W/o SW
willing to facilitate any cost sharing grant obtained through AB Environment to
20- 30 -22 -W4
undertake this project but the costs for the project must be borne by parties other titan
the M D. of Kneehill
CARRIED UNANIMOUSLY
•
It was noted the involved parties in this matter included Mr Stan Milan, representing the
Estate of Merle Anderson, Messrs Gordon Snell, Steve Varga and Al Guynn
Mr Vickery reported he had received a request from Grad and Walker to address the road
west of 32 and 29 - 33 24 -W4 The company needs an all weather road at this location to
JDIMIN
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M D OF KNEEHILL No 48 COUNCIL MINUTES
June 24, 1997
access the three well sites along this section of road
Mr rickery moved this request be referred to the Road Committee
CARRIED
Mrs Deak read a letter, that had been prepared for the AB Pool regarding the Trentham
Road Project and the AB Pool proposed facility in section 18 32 23 W4 The M.D had
approved a 10 0 metre road width surface top for the mile project subject to the approval
of the AB Pool's proposed facility at this location The cost estimate approved for the
additional road widening to 10 0 metres was approximately $5,000 00 An additional cost
of approximately $6 000 00 has been added to the project for the track push Because
water can only be drained through the tracks, CNR specs require the existing culvert to be
filled and the ends crushed and another new culvert installed The letter to AB Pool is an
invitation for the company to participate in the cost sharing of these additional expenses It
was noted the AB Pool has contributed to roads in other locations and the request is only to
participate in the cost sharing of the additional $6,000 00
Mr Hanger moved this letter be sent to Ala Pool, inviting them to participate in the cost
sharing of the additional culvert cost, of approximately 56,000.00, for the Trentham
Road Project, south of 18- 32 -23 -W4
CARRIED
GRAD & WALKER
REQUEST RE. W/O
32 & 29-33-24 -
W4 REFERRED TO
ROAD COMMITTEE
REQUEST TO AB
POOL RE
TRENTHAM
PROJECT RE.
ADDITIONAL COST
FOR CULVERTAT
R/R CROSSING
Mrs Deak then distributed copies of the documentation received from Mr and Mrs Ralph
Lowen, regarding their access problems to portions of the NW 14 29 21 W4 Mr Vickery LOWEN/BRAAZ
left the meeting and returned with the aerial photographs of the land location and the entire ACCESSPROBLEM
documentation was reviewed and discussed in detail Nw14- 29 -21 -w4
Mr Jeffery reentered the meeting and Mr Vickery left the meeting to attend his other JEFFERYBACK
appointment time 10 45 A.M INTO MEETING &
VICKERY OUT OF
A short recess was held from 10 45 A.M 11 00 A.M MEETING
Mr Hanger and Mr Wagstaff both indicated they could attend the July 2 1997 Airport
Commission meeting requested by Mr Jack Ramsden, to be held at the town of Three Hills AIRPORT COMM.
office, indicating they both preferred a meeting time of 7 00 P M over 4 00 P M Mrs MEETING
Deak indicated she would advice Mr Ramsden of this time preference 0.4`'`�N�
.r Aar
The following parties entered the meting Mr Ralph Lowen, Mrs Louisa Lowen, Mr Otto
Braaz and Mrs Anna Braaz
On behalf of Council, Mr Hoff welcomed everyone to the meeting and introductions were
made
Mr Hoff then inquired whether those present had any objections to Councillor Marylea
Lowen sitting on Council during this matter Mr Braaz noted he had an objection as he felt
Councillor Lowen s presence and involvement was a conflict of interest Mrs Louisa
Lowen noted she had no objection to Councillor Lowen remaining as she was their local
councillor and familiar with the situation Mrs Marylea Lowen advised, under the
Municipal Government Act, there was no conflict of interest as she was only related to
Ralph and Louisa Lowen through marriage Mr Braaz again noted he felt this was a
conflict of interest and Mrs Louisa Lowen again stated she wanted Councillor Marylea
Lowen to remain Mrs Marylea advised she was a representative of the municipality and
as such had an unbiased opinion Mr Braaz advised, on the advice of his lawyer,
Councillor Lowen s presence was a conflict of interest
Mrs. Lowen moved she remove herself from any discussions in this matter
Mrs Lowen then left the meeting time 11 05 A.M
JDIMIN
CARRIED
RALPH & LOUIS
LOWENAND OTTO
AND ANNA BRAAZ
INTO MEETING
OBJECTION TO
COUNCILLOR
LOWEN
REMAINING IN
MEETING /CONFI,I
CT OF INTEREST
COUNCILLOR
LOWEN OUT OF
MEETING
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M.D. OF KNEEHILL No 48 COUNCIL MINUTES
June 24, 1997
For the benefit of Mr and Mrs Braaz, Mr Jeffery proceeded to read aloud the
documentation received from Mr and Mrs Ralph Lowen noting Council had already
reviewed this documentation
Mr Hoff then invited all parties to address council Mr Hanger noted Council was acting
as a facilitator in this land access dispute After negotiating and discussing this matter, the
following information was provided
• The Lowen s have three parcels on the NW 14 29 21 W4, that, due to terrain, they
need to access via Mr Braaz s lands Parcel 1 is approximately 30 acres Parcel 2 is
approximately 3 acres and Parcel 3 is approximately 27 acres
• The road allowance on SW 23 29 21 W4 is about 200 yards short to access Parcel 1
However there is a road to access this parcel as an oil company has a leases road, from
the road allowance on a private road to the Lowen parcel to access a wellsite
• Parcels 2 and 3 can be accessed via the NE 15 and SE 22 29 21 W4 but these lands are
currently in crop
• Mr Braaz originally offered 10% above purchase price to the Lowen s for this property
This offer has been revised to reflect the average of two independent appraisals
• The Lowen s are not interested in selling this property It was part of Mr Lowen's
grandfather s homestead of 1914
• For 1996 and 1997 the Lowen's have been unable to access these lands have not been
able to plant a crop on the land and have had to aerial spray for weed problems on the
land
• Parcels 2 and 3 could not be used for grazing cattle as there is no water supply
• Mr Braaz is agreeable to allow access to Parcel 1 but has a problem with access to
parcels 2 and 3 as access requires travelling across crop lands
• Further discussion revealed that both parties were interested in the M D facilitating the
negotiations for the access to NW 14 29 21 W4
After further discussions it was agreed by all involved parties
1 Permission be granted to the immediate family of Mr and Mrs Ralph Lowen (including
son and son in law) to access Parcel 1 via the lease road in SW 23 -29 21 W4 and
further this access be at no charge
2 Permission be granted to access Parcels 2 and 3 via the NE 15 and SE 22 29 21 W4 on
a one time basis and for the sole purposes of preparing the land and seeding it to grass
with the understanding there will be no further access to these parcels via the NE 15 and
SE 22 29 21 W4 after the grass has established growth In the case of dispute, the M
D of Kneehill Ag Fieldman shall determine the growth establishment of the grass
allowing an approximate two year time frame for the establishment of this grass It is
further agreed access to Parcels 2 and 3 will not be undertaken until after the harvesting
of the crops on the NE 15 and SE 22 -29 21 W4
Mrs Deak then left the meeting to draft up an agreement for access to the NW 14 29 21
W4, as per conditions agreed upon by all involved parties
Mr Jeffery reported an application had been received to amend the land use designation on
the West Half 5 33 23 W4 from Agricultural Conservation to Agricultural designation
Mr Hanger moved a date he set for Tuesday, .1uly 22, 1997, at 130 PM., at the M.D. of
Kneehill council chambers in Three Hills, to hear this application and the necessary
notices be sent to all involved parties
CARRIED
Mrs. Deak returned to the meeting time 12 30 P M
The agreement for the access to the NW 14 29 21 W4 via the SW 23 29 21 W4 and NE 15
and SW -29 21 -W4 were reviewed by the involved parties and duly signed and witnessed
On behalf of council, Mr Hanger invited all parties to lunch Mr and Mrs Lowen and Mr
and Mrs Braaz thanked council for facilitating the agreement
MMIN
LOWEN
DOCUMENTATION
READ TO BRAAZ
NW14- 29 -21 -W4
ACCESS
LOWEN/BRAAZ
ACCESS PROBLEM
NW 14- 29 -21 -W4
INFORMATION
DISCLOSED
NW 14- 29 -21 -W4
ACCESS
AGREEMENT
CONDITIONS
DEAK OUT OF
MEETING
PUBLIC HEARING
DATE RE. W'/ S-
33-23-W4
DEAK INTO
MEETING
LOWEN/BRAAZA/G
SIGNED RE NW
14- 29 -21 -W4
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M D OF KNEEHILL No 48 COUNCIL MINUTES
June 24, 1997
Mr Hanger moved the meeting adjourn.
Time 12.35 P M
Reeve Muni 'pal Administr
JD/MIN
CARRIED
ACCESS
ADJOURN
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JOHN C JEFFERY REPORT
June 11 24, 1997
REPORT
Balance Forward
Gave Kneehill ambulance one new M.D map
Balance
1 May 27/97 Receipt from Otto Hoff for meals for `environment boys $73 35
CORRESPONDENCE.
$ 36 00
$1000
$ 46.00
I June 10/97 RC 26773 AB Treasury $2,809 00 fines distribution
2 May /97 Fines Disbursement Detail
3 May 31 & June 14/97 AB Gazette
4 June 6/97 Invoice re Course fees for Elected Officials Symposium B Boake $267 50
5 June 6/97 Invoice re Course fees for Elected Officials Symposium M Lowen$267 50
6 June 6/97 Invoice re Course fees for Elected Officials Symposium J Jeffery $267 50
7 June /97 Letter from AB Community Development re Artists in the Community Residency
Program
8 June 11 /97 Letter from AAMD &C re R W Hay Award for Administrative Excellence
9 May 1997 issue of `Canadian Speeches
10 June 9/97 Agri -News newsletter
11 Employment Opportunity Public Works operator IV Town of Grimshaw
12 Employment Opportunity Emergency Services Department - City of Red Deer
13 Employment Opportunity Public Works Department Town of Bonnyville
14 Employment Opportunity County Clerk County of Leduc
15 Employment Opportunity County constable County of Flagstaff
16 Employment Opportunity Superintendent public Works M.D of Crowsnest Pass
17 Employment Opportunity Town Manager Town of Valleyview
18 Employment Opportunity Office Administrator Edson Adult literacy Program
19 Government Finance Officers Association of B.D =C 1997 Western Canada Conference
advertising
20 Course Advertising University of Victoria
21 Seminar Advertising Criticism & Discipline Skills for Managers
22 Seminar Advertising Fundamentals of Successful Project Management
23 Conference Advertising Meeting the Challenges and Changes in Environmental Law &
Regulation in Alberta
24 Seminar Advertising Powerful Communication Skills for Women
25 Summer 1997 Imperial Oil Review magazine
26 May 1997 Kanotechnotes newsletter
27 June /97 Municipal Safety News newsletter
28 Spring 1997 MS Matters, Multiple Sclerosis Society newsletter
29 Advertising - Muscular Dystrophy letter
30 Advertising Telus Mobility
31 Advertising Bentley Systems Inc
32 Advertising Law Handbook
33 Advertising Plant Health Care
34 Advertising IBM
35 May /June 1997 Electrical Line magazine
36 May /June 1997 The ULS Report newsletter (Use Less Stuff)
37 Summer 1997 DowElanco magazine
38 Advertising American Express
39 June 4 & 11/97 newspaper The Olds Albertan
40 June 10 & 17/97 newspaper Highway 21 News
41 June 11 & 18/97 newspaper - The Capital
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JOHN C JEFFERY REPORT
June 11 - 24, 1997
HOME OCCUPATION AND DEVELOPMENT PERMITS.
1
Penner Ernie
SW 24 31 26 W4
2 Tarp Shelters 36 x100
$5,00000
2
Davidson Frank
SE 30 31 21 W4
Pole Shed
$13,00000
3
Sorenson, Murray
NW 24 29 26 W4
Residence 2,000 sq ft
$185,00000
4
Nygard, Ken
NW 30 29 22 W4
Residence addition
$40 000 00
5
Reimer Ken
SE 35 30 25 W4
Residence addition 30'x50'
}
Shop 30'x40
)$75,00000
6
Wiebe Farms Ltd
NE 20 29 26 W4
Move in mobile home for employee
$31,00000
7
Toews, Burton
SW 13 30 -25 W4
Hog operation feeders 3 500 total
Barn addition 50'x170'
$60,00000
8
Berniko Robert
SW 35 30 25 W4
Lagoon for manure disposal (150 sow hogs)
$10,00000
9
Good Darcy
SE 2 30 24 W4
Shop 30'x30'
$10 000 00
10
Jeninga, Sonya & Earl
NW 10 31 -26 -W4
House 2 500 sq ft
$193 000 00
11
Price Ray & Peggy
SW 34 29 26 W4
Replacement of residence
$150,00000
12
Doerksen, Tim
NE 13 31 22 W4
Residence addition 18'x28'
$80,00000
Minute /jcjrcport.doc
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2
PUBLIC WORKS SUPERINTENDENT'S REPORT
TUESDAY, June 24th, 1997
1 We have rented a Kenworth truck to try out and help on the gravel crew for a bit We
co will be trying others out also during the summer months
2 The road crew had some motor trouble on one of the 627 scrapers an oil plug
vibrated loose over a period of 100 hours The buggy was doing slope work at the
time and by the time they had it shut down it was too late
3 Road crew is on the move at Trenthams
4 Gravel crew is finishing off new grade at Arthurville and will be heading into Division
#3
I ve done up an organizational chart for the public works so council can see how we
have re organized and re structured our complete system Along with the chart is the
names of the employees working in these areas
6 We seem to be having a little grass trouble this year with the amount of rain we have
been having Our road sides along with parks and cemeteries are growing faster than
we can make rotations but we'll get it People have to be patient
LONNIE MCCOOK, PUBLIC WORKS SUPERINTENDENT
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M.D. of Kneehill #48
Public Works
1997 Crews
Maintenance Crew
Bud Haskell
Rick Lobe
Shawn Painter
Stan Carney
Jonathon Colyn
Alan Meding (Trax & Hoe)
Brian Bauman (Sod Buster)
Gravel Crew
Miles Maerz
Ken Hazelton
Gord Sept
Sherman Rilling
Gerald McKay
Road Crew
Lawrie Ross
Randy Raisbeck
Brian Meding
Bill Jewell
Garry Mammel
Mike Flewelling
Peter Cleveland
Mark Dundas
Jason Ensminger
Curtis Long
Parks & Cemetaries
1 Nelson Reed
2 Mery Molnar
3
4
Graders
1 Divisional Contractor
Brian Sowerby
3 Contractor
(4) Brian Plant
5 Contractor
t 7. Gary Ensminger
Robert Gundlach
Shop
1 1 Keith Smith
2 Doug Knapp
3
Earl McRae
Page 1
Utilities & Bridges
1 Henry Wiens
2. Ian Martens
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