1
02:02:09,657 --> 02:02:14,676
Housing of livestock and or storage sorting grading of agricultural

2
02:02:14,857 --> 02:02:19,556
products that have not undergone secondary processing and or the

3
02:02:19,556 --> 02:02:23,396
storage or maintaining of machinery equipment or vehicles that are

4
02:02:23,497 --> 02:02:27,716
used in connection with the growing of farm crops or

5
02:02:27,716 --> 02:02:31,476
the care of farm animals on the above described lands.

6
02:02:31,476 --> 02:02:34,116
I hereby certify that the building shall only be used

7
02:02:34,137 --> 02:02:38,916
for an agricultural operation further defined by the agricultural operations

8
02:02:39,177 --> 02:02:43,236
act and have verified that the agricultural operation by signing

9
02:02:43,417 --> 02:02:46,356
this declaration of use for the building.

10
02:02:54,788 --> 02:02:57,647
And is not intended use of the farm building exemption

11
02:02:57,748 --> 02:03:04,877
permit. Thank you. Any other questions of administration.

12
02:03:07,455 --> 02:03:09,914
No. Mr. Marple, if we could have you come up,

13
02:03:09,914 --> 02:03:18,724
please, and answer a question for us. Remember, wing.

14
02:03:23,905 --> 02:03:26,764
Thank you, Chair, you all through the chair. I have

15
02:03:26,785 --> 02:03:32,348
a questions for Mr. Marble. Serio cover page is that

16
02:03:32,388 --> 02:03:36,828
stopwater. I would like to know if you understand or

17
02:03:36,849 --> 02:03:42,478
opponent gets clarify what is auto remedy and stopwater. Could

18
02:03:42,518 --> 02:03:45,918
we bring up the document in question? Please. It would

19
02:03:45,918 --> 02:03:52,158
be, I'm not sure exactly you do have seven, page

20
02:03:52,198 --> 02:04:00,500
one. Exhibit seven page one. Thank you. And could you

21
02:04:01,481 --> 02:04:10,471
highlight please what you're asking. So sir, I think if

22
02:04:10,471 --> 02:04:14,951
you read Mr. Marple, the appeal, you do place a

23
02:04:14,972 --> 02:04:18,631
stop order on the lens described in the question was,

24
02:04:18,631 --> 02:04:21,191
are you familiar with the difference between a stop order

25
02:04:21,612 --> 02:04:24,071
and an enforcement order? And is this an error on

26
02:04:24,071 --> 02:04:29,249
your part. I'll turn your microphone one on, please. Thank

27
02:04:29,249 --> 02:04:34,529
you. Sorry. It's your bowl for the record. Thank you.

28
02:04:36,410 --> 02:04:39,349
Yes, I am familiar with the difference between the two.

29
02:04:39,349 --> 02:04:45,501
And it looks like this copies a covering page. From

30
02:04:46,002 --> 02:04:48,541
a different submission, in that words, those words just were

31
02:04:48,541 --> 02:04:48,861
not changed.

32
02:05:03,082 --> 02:05:06,181
I would rephrase that to say issue a stop order

33
02:05:06,282 --> 02:05:09,541
on the lounge described as, or sorry, issue an enforcement

34
02:05:09,562 --> 02:05:13,703
order with respect to the lands described as. Great. Then

35
02:05:13,703 --> 02:05:16,423
if we could make note of that in the record,

36
02:05:16,423 --> 02:05:18,983
and we'll make that adjustment. And thank you for confirming

37
02:05:19,023 --> 02:05:26,240
that. Thank you, Mr. Chair. Any other questions. Thank you.

38
02:05:28,801 --> 02:05:34,344
Great. The committee is now got topographical map. I think

39
02:05:34,485 --> 02:05:39,106
we have a topographical map showing the elevations. And we

40
02:05:39,106 --> 02:05:41,666
did have a question around. And did we get an

41
02:05:41,687 --> 02:05:45,586
answer back from the other query yet from our fire

42
02:05:45,687 --> 02:05:53,894
friends. Sure.

43
02:05:56,805 --> 02:05:59,744
Sure. Two administration. We put a request out to the

44
02:05:59,925 --> 02:06:02,704
fire department. If they were available to talk to us

45
02:06:02,744 --> 02:06:08,384
about any other location, if they first attended the property

46
02:06:09,605 --> 02:06:15,424
themselves, but maybe Mr. Anderson can answer for them, possibly.

47
02:06:15,424 --> 02:06:18,864
And if there's any other safe or appropriate place where

48
02:06:18,885 --> 02:06:23,904
these materials could be stored or moved to from their

49
02:06:23,925 --> 02:06:27,664
current location that wouldn't create a fire hazard.

50
02:06:33,736 --> 02:06:36,275
Through the chair, to the chair, Lorraine Wesley Manager Enforcement

51
02:06:36,315 --> 02:06:40,115
Services, I can confirm that the fire department has attended

52
02:06:40,136 --> 02:06:42,835
the property. I just spoke with one of the fire

53
02:06:42,856 --> 02:06:47,275
inspectors. The question about moving them to not create a

54
02:06:47,336 --> 02:06:50,275
fire hazard someplace else was not one that we asked

55
02:06:51,016 --> 02:06:53,795
was about if there was any area on the property

56
02:06:53,896 --> 02:06:58,881
where they could be safely burned. In discussion with the

57
02:06:59,302 --> 02:07:02,641
fire inspector, he said that the safest place to burn

58
02:07:02,662 --> 02:07:06,801
is where they are currently located. And that is why

59
02:07:06,841 --> 02:07:09,821
the incinerator was placed there as well. When I did

60
02:07:09,862 --> 02:07:13,921
ask about the incinerator, he stated that the incinerator would

61
02:07:13,961 --> 02:07:16,801
allow for safe burning, that they would issue a permit

62
02:07:16,822 --> 02:07:21,041
for that. And that the winds wouldn't impact the burning

63
02:07:22,022 --> 02:07:24,081
enclosed area the way it would if they were burned

64
02:07:24,121 --> 02:07:29,021
in the open because the incinerator does have doors. The

65
02:07:29,021 --> 02:07:34,161
incinerator is actually a oil - field sea can, which

66
02:07:34,161 --> 02:07:37,361
would snuff the fire out once those doors were closed.

67
02:07:37,401 --> 02:07:42,241
So they feel that material can be safely burned in

68
02:07:42,281 --> 02:07:48,633
that incinerator. Great, thank you very much. Any other questions

69
02:07:48,814 --> 02:07:55,894
of administration from the board. Mr. Polanski. Blonkowski through the

70
02:07:55,934 --> 02:07:59,067
church. So I just want to make sure what you're

71
02:07:59,067 --> 02:08:03,627
saying is that the wind condition doesn't matter if you

72
02:08:03,648 --> 02:08:10,454
perform burning in the incinerator. Through the chair to member

73
02:08:10,715 --> 02:08:13,814
Plankowski, they did not say that the wind condition does

74
02:08:13,814 --> 02:08:17,014
not apply. They said that they are less concerned about

75
02:08:17,115 --> 02:08:20,854
the wind because the doors can be closed. And the

76
02:08:20,894 --> 02:08:26,614
incinerator does have, you know, it's completely enclosed. So if

77
02:08:26,614 --> 02:08:28,974
they had one door open, it is still going to

78
02:08:29,115 --> 02:08:34,054
block the wind from affecting the fire or moving the

79
02:08:34,155 --> 02:08:37,734
fire. And again, it needs to be attended to and

80
02:08:37,734 --> 02:08:39,734
the door can be shut to snuff the fire out.

81
02:08:42,635 --> 02:08:52,592
Okay, thanks. Ms. Wong. Thank you. Sally walls through

82
02:08:52,592 --> 02:08:56,112
the chair. I just want to ask the questions. Have

83
02:08:56,453 --> 02:09:02,192
fire service departments provides clear instructions how oppulanc can burn

84
02:09:02,933 --> 02:09:08,439
the materials. Through the charita board member weighing, I can't

85
02:09:08,620 --> 02:09:12,759
comment on whether they've provided clear instructions. Um, I've not

86
02:09:12,759 --> 02:09:15,159
been a part of that conversation, but based on the

87
02:09:15,260 --> 02:09:18,439
conversation that I just had, it sounds to me like

88
02:09:18,620 --> 02:09:21,639
the fire inspector has spoken with Mr. Trensky about the

89
02:09:21,660 --> 02:09:26,044
burn. And about the safety of using the incinerator or

90
02:09:26,084 --> 02:09:35,155
the sea can to do that. Thank you. Um, another

91
02:09:35,256 --> 02:09:39,529
question. You get answer from fair departments just give us

92
02:09:39,550 --> 02:09:45,929
suggestion haland for this amount of materials in schedule C.

93
02:09:45,929 --> 02:09:50,478
What takes you to burn. Through the chair to board

94
02:09:50,478 --> 02:09:52,318
member weighing, uh, we can probably try to reach out

95
02:09:52,358 --> 02:09:55,278
to them both inspectors are out on an inspection at

96
02:09:55,318 --> 02:09:58,398
this time. So if there's an opportunity to have another

97
02:09:58,438 --> 02:10:00,318
break, we can try getting a hold of them on

98
02:10:00,318 --> 02:10:04,227
the phone again. Yeah, I think we'd like to have

99
02:10:04,267 --> 02:10:09,747
that possibility, please, if you could reach out to them.

100
02:10:09,787 --> 02:10:14,750
Can you get them on cell phone. Through the chair,

101
02:10:14,750 --> 02:10:17,390
uh, to the chair. I believe that, uh, we can

102
02:10:17,430 --> 02:10:19,230
try to get them on the cell phone again. They

103
02:10:19,251 --> 02:10:24,053
were just on route to an inspection. Right. Um. Let's,

104
02:10:24,053 --> 02:10:26,513
let's do a five minute recess and hopefully you can

105
02:10:26,513 --> 02:10:28,053
get them and you can answer that question. So the

106
02:10:28,093 --> 02:10:31,333
question is, in their estimation, how long would it take

107
02:10:31,434 --> 02:10:35,813
to burn the material that's in question in this incinerator

108
02:10:35,853 --> 02:10:39,463
that's been approved? To use by the fire department.

109
02:10:45,745 --> 02:10:48,924
Oh, yeah. And secondarily, if there would be an alternative

110
02:10:49,185 --> 02:10:54,204
place to move those piles too, if burning could not

111
02:10:54,385 --> 02:10:57,724
or would not happen, is there another place on the

112
02:10:57,825 --> 02:11:02,036
property that the materials could be moved to. Without creating

113
02:11:02,777 --> 02:11:08,750
an additional fire hazard. Potential fire hazard. And maybe you

114
02:11:08,790 --> 02:11:12,600
need 10 minutes to do that, do you? Mr. Chair,

115
02:11:12,600 --> 02:11:14,600
I think five minutes will suffice. Great. Thank you. We'll

116
02:11:14,600 --> 02:11:15,320
adjourn for five minutes.

117
02:19:11,137 --> 02:19:14,316
We need to be retrained after Rebbery recess. I'm sorry.

118
02:19:14,316 --> 02:19:16,716
My apologies will call this meeting back to order. There

119
02:19:16,716 --> 02:19:19,916
was a question out to administration for looking for a

120
02:19:19,916 --> 02:19:23,826
couple of answers. Do we have answers? Thank you, Mr.

121
02:19:23,847 --> 02:19:27,506
Chair. Lorraine Wesley, manager enforcement services. Yes, I was able

122
02:19:27,506 --> 02:19:31,026
to speak with the fire inspector. What he said was

123
02:19:31,127 --> 02:19:35,906
that they feel, or he felt that the burning could

124
02:19:35,906 --> 02:19:42,120
be concluded within a week if burning was done. Daily.

125
02:19:42,120 --> 02:19:47,160
He did go on to say from that this matter

126
02:19:47,181 --> 02:19:52,440
could have easily been addressed by this time. And then

127
02:19:52,440 --> 02:19:55,640
in relation to the question with regarding to moving these

128
02:19:55,741 --> 02:19:59,800
piles elsewhere on the property, he said that it's deadfall

129
02:19:59,901 --> 02:20:02,200
and it could be moved anywhere. There's dead fall on

130
02:20:02,240 --> 02:20:05,880
the property. And there should be no concern as far

131
02:20:05,880 --> 02:20:09,640
as that goes. He did note that any part north

132
02:20:09,640 --> 02:20:13,160
of the house in the existing tree area would suffice.

133
02:20:16,220 --> 02:20:22,102
Thank you very much. Appreciate that. Anything else from the

134
02:20:22,142 --> 02:20:25,702
board? Great, thank you. The committee will now recess to

135
02:20:25,702 --> 02:20:28,102
review the submissions and determine if the board has any

136
02:20:28,123 --> 02:20:32,102
further questions. The recess will also give Rockyview County administration

137
02:20:32,283 --> 02:20:36,982
and the appellant time to put together their closing statements.

138
02:20:36,982 --> 02:20:40,742
Closing statements can only be in direct response to submissions

139
02:20:40,763 --> 02:20:43,782
made as part of the hearing and cannot introduce new

140
02:20:43,782 --> 02:20:49,862
information to the appellant and Mr. Marple would five minutes

141
02:20:49,963 --> 02:20:56,693
be sufficient for you to put together closing remarks. Or

142
02:20:56,874 --> 02:20:59,493
10, you let us know. Please, please introduce yourself as

143
02:20:59,493 --> 02:21:06,560
well. Mike's not on. I had the problem too. It's

144
02:21:06,581 --> 02:21:09,440
Mr. Marble for the appellant. If we could have 10

145
02:21:09,480 --> 02:21:11,600
minutes, sir, that would be great. 10 minutes then. We'll

146
02:21:11,600 --> 02:21:18,640
have a 10 minute recess and we'll reconvene at 1125.

147
02:21:18,640 --> 02:21:18,880
Thank you.

148
02:34:43,247 --> 02:34:45,946
We'll call a meeting back to order. Before we get

149
02:34:45,967 --> 02:34:48,746
on to the rebuttal, I just have one more question

150
02:34:49,007 --> 02:34:57,218
for administration. In your written submission, should the board, should

151
02:34:57,218 --> 02:35:02,178
the board uphold the enforcement order? You'd indicated that two

152
02:35:02,218 --> 02:35:04,978
weeks was a suggested time of extension that would be

153
02:35:05,239 --> 02:35:11,669
appropriate or. Sufficient. We heard from fire that they thought

154
02:35:11,850 --> 02:35:15,029
a week - long burning every day might cover that

155
02:35:15,069 --> 02:35:19,349
up, or it could have been done already. So that's

156
02:35:19,850 --> 02:35:22,789
question, part one of two questions, I guess. And secondly,

157
02:35:24,250 --> 02:35:31,029
if the board upheld the enforcement order and the appellant

158
02:35:31,290 --> 02:35:35,429
didn't take appropriate action within whatever time is designated as

159
02:35:35,469 --> 02:35:40,149
an extension, could you just inform the board as to

160
02:35:40,650 --> 02:35:46,798
the next steps that would occur. In that matter. Yes,

161
02:35:46,798 --> 02:35:49,678
thank you to you, Mr. Chair Lauren Wesley, manager enforcement

162
02:35:49,718 --> 02:35:53,758
services. I think we're still comfortable with that two -

163
02:35:53,758 --> 02:35:57,398
week timeline. It gives a little bit of flexibility, so

164
02:35:57,398 --> 02:36:00,696
burning doesn't have to be conducted every day. And then

165
02:36:00,877 --> 02:36:04,776
with relation to if the board does uphold the order,

166
02:36:04,776 --> 02:36:07,656
and it's not complied with, our next steps would then

167
02:36:07,696 --> 02:36:10,136
be to seek and order through the Court of King's

168
02:36:10,176 --> 02:36:15,416
bench, allowing the county the ability with the RCMP to

169
02:36:15,416 --> 02:36:19,656
go in and remove those items from the property at

170
02:36:19,696 --> 02:36:27,853
the landowner's expense. Thank you very much. And if we

171
02:36:27,893 --> 02:36:31,693
could just have the appellant up for one quick question

172
02:36:32,354 --> 02:36:36,333
before we go to closing statements. So either Mr. Marble

173
02:36:36,514 --> 02:36:39,693
or Mr. Trinsky, one or the other. Thank you, sir.

174
02:36:39,733 --> 02:36:45,133
The question to you would be given should the board,

175
02:36:45,133 --> 02:36:50,917
or if the board upheld the enforcement order. Administration has

176
02:36:50,957 --> 02:36:52,917
suggested a two - week period in which to complete

177
02:36:55,178 --> 02:36:58,517
the actions that are outlined in the enforcement order. Would

178
02:36:58,517 --> 02:37:03,317
two weeks be in your or the appellant's position be

179
02:37:03,357 --> 02:37:11,718
satisfactory. That's Mr. Marble for the appellant. Sir, no, I

180
02:37:11,718 --> 02:37:14,038
don't think that that would be a sufficient amount of

181
02:37:14,078 --> 02:37:20,038
time. I did speak with my client's over the brief

182
02:37:20,078 --> 02:37:24,678
adjournment about this. One of the issues is that depending

183
02:37:24,718 --> 02:37:28,358
on the volume of word and based on what was

184
02:37:28,358 --> 02:37:31,878
identified by enforcement, it could be up to about 150

185
02:37:31,899 --> 02:37:36,997
metric tons of wood. And that's because some of the

186
02:37:37,338 --> 02:37:40,997
photos in schedule C of the order are of single

187
02:37:41,018 --> 02:37:45,717
logs that are circled, while some of them are of

188
02:37:46,218 --> 02:37:53,941
piles of logs that are circled. So based on that,

189
02:37:53,962 --> 02:37:58,341
it's frankly rather difficult to make a representation as to

190
02:37:58,362 --> 02:38:02,322
an accurate amount of time to burn. All of that,

191
02:38:02,322 --> 02:38:07,682
because we don't know with particularity which examples of these

192
02:38:07,863 --> 02:38:11,282
logs we are being asked to burn or the full

193
02:38:11,303 --> 02:38:18,272
volume of them, sir. Okay, thank you. Sure, Mr. Trinsky.

194
02:38:23,827 --> 02:38:28,253
Please introduce yourself again, sir. Please introduce yourself. Thank you.

195
02:38:28,994 --> 02:38:35,053
Mr. Chair, we should differ between number of days needed

196
02:38:35,093 --> 02:38:39,053
to burn and number of days when this is possible.

197
02:38:40,294 --> 02:38:42,593
To do, because there are so many factors that needs

198
02:38:42,593 --> 02:38:45,233
to be taken in consideration. For example, one is the

199
02:38:45,414 --> 02:38:49,629
direction of the wind. Can I keep neighbours in a

200
02:38:49,669 --> 02:38:58,033
smoke. For 24 hours or 48 hours or whatever. Another

201
02:38:58,054 --> 02:39:02,273
thing is, even when you burn in insignia, through that

202
02:39:02,313 --> 02:39:08,273
of sparks coming out, and in Alberta Wedder, even when

203
02:39:09,254 --> 02:39:11,233
in the sum of any dry, and there is no

204
02:39:11,334 --> 02:39:15,153
fire band, you can have a fire catching grass actually

205
02:39:15,193 --> 02:39:17,313
as a matter of fact I had to testify in

206
02:39:17,334 --> 02:39:20,673
court in Cochrane when there was a fire in this

207
02:39:20,854 --> 02:39:30,035
county caused by unforeseen. The normal

208
02:39:30,776 --> 02:39:33,155
season for burning is the winter when you have a

209
02:39:33,336 --> 02:39:37,955
snow cover, sufficient snow cover, so the fire cannot spread

210
02:39:39,656 --> 02:39:42,835
because in Alberta, also when it's dry, because of a

211
02:39:42,875 --> 02:39:46,835
dark soil, full of organic matter, you have instances where

212
02:39:46,856 --> 02:39:50,355
the fire goes into the ground, and it's hard to

213
02:39:50,395 --> 02:39:53,875
deal with the reason one of reasons why the burning

214
02:39:54,456 --> 02:40:00,919
season is in the winter. I strongly believe that estimate

215
02:40:00,919 --> 02:40:07,661
of 14 days is based on a few. Smaller piles

216
02:40:08,322 --> 02:40:13,101
that the gentleman from the fire and department, and me

217
02:40:13,122 --> 02:40:20,541
discussed not the whole amount what needs to be burned.

218
02:40:21,202 --> 02:40:24,861
I estimate it would take at least 30 days working

219
02:40:24,962 --> 02:40:28,381
30 days to burn everything. Okay, thank you very much.

220
02:40:28,381 --> 02:40:33,430
Appreciate your comment. Thank you. Great. Now is the time

221
02:40:33,430 --> 02:40:37,030
for Rocky View County administration to make their closing statement?

222
02:40:37,030 --> 02:40:40,150
Please remember that closing statements can only be in direct

223
02:40:40,331 --> 02:40:43,110
response to submissions made as part of the hearing and

224
02:40:43,110 --> 02:40:51,136
cannot introduce new material. I think you, Mr. Chair, Lorraine

225
02:40:51,136 --> 02:40:54,336
Wesley, manager enforcement services. One of the comments that was

226
02:40:54,376 --> 02:40:56,976
made early on by Mr. Marble was that this is

227
02:40:56,976 --> 02:41:04,176
not particularly unusual to see these piles on agricultural properties.

228
02:41:04,176 --> 02:41:07,456
While this is a true statement, it is particularly unusual

229
02:41:07,477 --> 02:41:12,176
to see the accumulation of materials such as this along

230
02:41:12,197 --> 02:41:15,616
a shared fence line, uh, with a neighbour. The video

231
02:41:15,656 --> 02:41:19,616
that was shown, um, was the adjacent landowners walking the

232
02:41:19,717 --> 02:41:22,496
fence line to see what entering their property looked like

233
02:41:22,597 --> 02:41:25,856
on a daily basis. They were literally walking along the

234
02:41:26,037 --> 02:41:28,816
shared fence line to show what it was that they

235
02:41:28,856 --> 02:41:32,576
saw. This was done for the purpose of change to

236
02:41:32,576 --> 02:41:35,696
the land use spile off for secans. Um, just to

237
02:41:35,696 --> 02:41:39,696
put that into perspective, uh, in that, you can see

238
02:41:39,797 --> 02:41:42,896
the accumulation of the material that formed part of the

239
02:41:43,077 --> 02:41:48,636
unsightly property that Officer Anderson had spoken to previously. Um.

240
02:41:50,250 --> 02:41:54,869
Officer Anderson also mentioned that the either unsightly materials were

241
02:41:54,890 --> 02:42:03,522
removed with the exception of the piles. Um. In the

242
02:42:03,522 --> 02:42:05,842
submission that was made by the appellant, it did show

243
02:42:05,943 --> 02:42:10,082
pictures that showed similar piles of material, but again, they

244
02:42:10,122 --> 02:42:13,762
were not along a shared property line that the adjacent

245
02:42:13,802 --> 02:42:19,442
neighbour see daily while driving onto their property. Um, enforcement

246
02:42:19,442 --> 02:42:22,162
services does not, and fire services for that matter does

247
02:42:22,202 --> 02:42:25,042
not have concerns with the deadfall. Um, it is just

248
02:42:25,082 --> 02:42:29,762
the accumulation of the piles along the shared fence line.

249
02:42:29,762 --> 02:42:36,513
Um. Officer Anderson had been working with the appellant to

250
02:42:36,553 --> 02:42:38,913
deal with the unsightly nature of it. And the appellant

251
02:42:39,174 --> 02:42:42,653
asked Officer Anderson if he could burn those piles. Uh,

252
02:42:42,854 --> 02:42:46,993
an officer Anderson did give extensions, um, to have those

253
02:42:47,174 --> 02:42:51,593
piles burned. And then the incinerator was brought in, I

254
02:42:51,593 --> 02:42:55,713
would say, relatively recently in the process. Um, fire permit

255
02:42:55,753 --> 02:43:00,273
approvals are granted within 24 to 48 hours, uh, not,

256
02:43:00,273 --> 02:43:02,673
you know, weeks, uh, and you can see up to

257
02:43:02,694 --> 02:43:06,993
a 72 hour delay if it's over the weekend. I

258
02:43:06,993 --> 02:43:10,253
do want to highlight that the bylaw states, I'm just

259
02:43:10,253 --> 02:43:15,186
going to pull it up here. My apologies. Um, unsightly

260
02:43:15,287 --> 02:43:18,866
property means any property or part of which in the

261
02:43:18,866 --> 02:43:23,506
opinion of a designated officer, being officer Anderson characterized by

262
02:43:23,687 --> 02:43:27,106
visual evidence of a serious disregard for general maintenance and

263
02:43:27,146 --> 02:43:32,226
upkeep, examples of which include but are not limited to.

264
02:43:32,226 --> 02:43:37,189
So. The unsightly nature of a property includes any of

265
02:43:37,189 --> 02:43:39,429
those items that are listed, but it is not limited

266
02:43:39,450 --> 02:43:42,709
to. And in the opinion of the designated officer being

267
02:43:42,970 --> 02:43:47,349
officer Anderson, uh, there was an unsightly issue and there

268
02:43:47,349 --> 02:43:49,909
continues to be an unsightly issue based on the piles

269
02:43:49,930 --> 02:43:54,771
of deadfall that are along the shared fence line. Um,

270
02:43:54,952 --> 02:43:58,211
and I guess just in closing, I want to be,

271
02:43:58,211 --> 02:44:01,651
uh, clear that we're not asking for the piles to

272
02:44:01,651 --> 02:44:04,451
be burnt. We are simply asking for them to be

273
02:44:04,552 --> 02:44:08,211
removed from the shared fence line. And as a fire

274
02:44:08,251 --> 02:44:11,491
services, uh, answered in the question that was posed by

275
02:44:11,531 --> 02:44:15,651
the board, they can be moved to anywhere the tree

276
02:44:15,651 --> 02:44:18,611
area on the property, anywhere that there is existing deadfall.

277
02:44:19,947 --> 02:44:24,235
Thank you, Mr. Chair and board members. Thank you very

278
02:44:24,235 --> 02:44:26,795
much for your presentation. Does the committee have any questions.

279
02:44:28,959 --> 02:44:34,458
Seeing none. Now it's time for 2110524. Alberta limited the

280
02:44:34,498 --> 02:44:38,618
appellant to make their closing statement. Please remember that closing

281
02:44:38,639 --> 02:44:41,738
statements can only be in direct response to submissions made

282
02:44:41,839 --> 02:44:45,018
as part of the hearing and cannot introduce new information.

283
02:44:45,624 --> 02:44:48,597
Please state your name again. And turn your mic back

284
02:44:48,597 --> 02:44:54,215
on. Thank you. Mr. Marble for the appellant. I thought

285
02:44:54,476 --> 02:45:03,085
the mic had been turned off. Thank you Mr. Chair.

286
02:45:03,125 --> 02:45:09,494
Um. The first thing that I'd like to say in

287
02:45:09,534 --> 02:45:15,814
closing is that the order is presently issued as we

288
02:45:15,814 --> 02:45:18,694
were just pointing out to somewhat unclear as to what

289
02:45:19,835 --> 02:45:23,734
piles of logs precisely are to be burned. We heard

290
02:45:23,915 --> 02:45:28,454
in the closing from administration that it's those piles along

291
02:45:29,035 --> 02:45:34,365
the, along the property line. Um, should the board choose

292
02:45:34,706 --> 02:45:39,325
to issue an order? I think that that's something that,

293
02:45:39,325 --> 02:45:42,445
uh, with, with respect might need to be addressed so

294
02:45:42,445 --> 02:45:46,841
that there's some guidance as to what council's compliance. Uh,

295
02:45:48,302 --> 02:45:52,361
it remains the submission of the appellant that this sort

296
02:45:52,361 --> 02:45:55,081
of has not been properly issued as a result of

297
02:45:56,702 --> 02:45:59,401
section three of the nuisance and on site lead property

298
02:45:59,582 --> 02:46:05,401
bylaw, which relies on the definition of animal material, building

299
02:46:05,401 --> 02:46:12,982
material or yard material. The issue remains that yard material,

300
02:46:12,982 --> 02:46:17,222
uh, just doesn't encompass, uh, deadfall, uh, of this nature.

301
02:46:19,400 --> 02:46:26,099
And the bylaw, uh, doesn't contemplate, uh, material of this

302
02:46:26,099 --> 02:46:27,059
nature being encompassed.

303
02:46:37,168 --> 02:46:40,747
The issue with the order being executed aside from what

304
02:46:40,768 --> 02:46:48,507
precisely is it's going to be burnt is placing a

305
02:46:48,608 --> 02:46:52,827
time limit on, on Mr. Choniski. It can also be

306
02:46:53,488 --> 02:46:58,267
somewhat problematic given that the fire permits, if things are

307
02:46:58,307 --> 02:47:05,547
going to be burnt, uh, place liability on the appellant

308
02:47:05,648 --> 02:47:09,007
should something happen. Uh, should it not be, should it

309
02:47:09,007 --> 02:47:12,727
not be safe to burn. Um, so again, this is

310
02:47:12,748 --> 02:47:16,407
a concern with the time limit with a time limit

311
02:47:16,588 --> 02:47:21,399
being applied here. Additionally, there's a, there's an issue here

312
02:47:21,580 --> 02:47:25,959
with, with the fairness of, of this bylaw being applied

313
02:47:26,380 --> 02:47:31,239
in this manner, um, against this property where, uh, as

314
02:47:31,279 --> 02:47:34,199
we've pointed out, there are similar, uh, there are similar

315
02:47:34,239 --> 02:47:39,479
properties with similar wood piles. In fact, including the neighbor's

316
02:47:39,479 --> 02:47:44,199
property, uh, where enforcement actions such as this, uh, including

317
02:47:44,460 --> 02:47:47,399
for materials along a property line or close to a

318
02:47:47,439 --> 02:47:52,759
road in the case of those, uh, those piles pointed

319
02:47:52,799 --> 02:47:59,783
out in exhibit seven of the board's materials today. If

320
02:47:59,804 --> 02:48:02,663
there has to be fairness in how this bylaw is,

321
02:48:02,703 --> 02:48:06,081
is going to be implemented. And I was particularly the

322
02:48:06,121 --> 02:48:12,481
case given the fact that this is an agricultural property

323
02:48:13,782 --> 02:48:19,121
and the practices on this property are the sorts of

324
02:48:19,462 --> 02:48:25,601
practices anticipated under the agricultural operations and practices act in

325
02:48:25,601 --> 02:48:33,330
Alberta. Which we've cited in the appellant supplemental submissions. I

326
02:48:33,351 --> 02:48:37,650
wanted to briefly address the issue of the sawmill because

327
02:48:37,671 --> 02:48:43,570
I think there perhaps may be some confusion over the

328
02:48:43,610 --> 02:48:47,250
nature of the sawmill. The sawmill is a piece of

329
02:48:47,290 --> 02:48:52,450
equipment. It is a portable sawmill. This is not a

330
02:48:52,631 --> 02:48:59,730
permanently affixed sawmill in a purpose building. Uh, it's a

331
02:48:59,730 --> 02:49:05,217
piece of equipment that sits in a shed. And it

332
02:49:05,217 --> 02:49:12,497
can be moved as with any other piece of equipment,

333
02:49:12,497 --> 02:49:16,305
uh, for, for context. And speaking with my client, um,

334
02:49:16,506 --> 02:49:20,245
I'm told that the, uh, equipment itself is approximately two

335
02:49:20,245 --> 02:49:24,805
and a half metres wide two metres tall and approximately

336
02:49:24,986 --> 02:49:33,779
a metre thick. So it's, it's portable and it's similar

337
02:49:33,880 --> 02:49:36,419
as a piece of equipment to, you know, a large

338
02:49:36,520 --> 02:49:40,889
chainsaw or, or a log splitter. The building that it

339
02:49:40,910 --> 02:49:45,689
sits in as a shed that would not require a

340
02:49:45,790 --> 02:49:49,049
development permit in and of itself to build. So the

341
02:49:49,150 --> 02:49:53,529
shed is simply a place to store a piece of

342
02:49:53,529 --> 02:50:00,486
equipment. Sir, in closing, it remains the appellant submission that

343
02:50:02,187 --> 02:50:06,806
the enforcement order was not properly issued as it's simply

344
02:50:06,827 --> 02:50:12,566
not issued in line with proper interpretation of the, of

345
02:50:12,606 --> 02:50:16,406
the bylaw or the definition of yard waste under the

346
02:50:16,587 --> 02:50:20,326
bylaw. And for that reason, the order, uh, should be

347
02:50:20,507 --> 02:50:28,486
rescinded. Um, you've heard the appellant's comments, uh, directly from

348
02:50:28,587 --> 02:50:35,926
the appellant on should the board should the board uphold

349
02:50:35,966 --> 02:50:38,566
the order or vary the order in some manner as

350
02:50:38,606 --> 02:50:42,886
to reasonable time period already. So I won't, uh, I

351
02:50:42,926 --> 02:50:49,534
won't purport to repeat, uh, all of that. Um. It's,

352
02:50:49,534 --> 02:50:53,774
uh, it's our request at this board. Recind the order

353
02:50:54,195 --> 02:50:57,054
and, uh, allow the appellant to continue with the management

354
02:50:57,094 --> 02:51:00,254
of the property, including the return of the deadfaults who

355
02:51:00,294 --> 02:51:04,814
were at originally fell in conjunction with regular agricultural practices.

356
02:51:05,947 --> 02:51:09,286
Subject to any questions or I'll ask, I'll turn to

357
02:51:09,286 --> 02:51:14,111
my client if he has any other comments, perhaps. Thank

358
02:51:14,111 --> 02:51:16,911
you, Mr. Tinsky. If you come to the podium, please

359
02:51:16,932 --> 02:51:22,353
state your name. Mr. Chair, it's Marianne Trensky. I would

360
02:51:22,353 --> 02:51:29,633
just like to point to one very important detail. We

361
02:51:29,633 --> 02:51:32,673
are talking here about piles. Well, when you look at

362
02:51:32,694 --> 02:51:36,833
the aerial map at that rate square, it's two acres

363
02:51:37,174 --> 02:51:40,753
marked. And it's not next to the property line. It's

364
02:51:40,753 --> 02:51:43,953
up to between 50 and 100 metres from the property

365
02:51:43,974 --> 02:51:51,317
line. So in such undefined order, it's very hard to

366
02:51:52,298 --> 02:51:58,712
comply with it. Because if Mr. Anderson has circled single

367
02:51:59,133 --> 02:52:01,592
log somewhere where he did, my neighbour didn't like to

368
02:52:01,773 --> 02:52:08,072
see single log. He rounded up, mark some piles. And

369
02:52:08,072 --> 02:52:12,312
then he went to the extent of marking two acres

370
02:52:12,312 --> 02:52:17,018
that he needs to be cleaned. So that's very unclear.

371
02:52:17,018 --> 02:52:26,778
And even if the order would be kept, that, that's

372
02:52:26,818 --> 02:52:30,618
impossible for me to perform and not to run into

373
02:52:30,719 --> 02:52:37,347
a trouble. I hope I'm clear enough. It shows two

374
02:52:37,387 --> 02:52:42,478
acres that needs to be cleaned. And there is no

375
02:52:43,219 --> 02:52:48,318
point, then it's no markings. So if I clean it,

376
02:52:48,318 --> 02:52:52,318
let's say 55 metres from the property line in my

377
02:52:52,318 --> 02:52:55,518
interpretation, Mr. Anderson can come with an order from the

378
02:52:55,619 --> 02:53:00,229
court that he wants it 56 metres. It's not defined.

379
02:53:01,616 --> 02:53:06,630
You cannot perform something what is not to define. I

380
02:53:06,651 --> 02:53:10,105
thank you very much. Thank you, Mr. Prinsky. Does the

381
02:53:10,105 --> 02:53:15,443
committee have any questions of the appellant. No? No? Great.

382
02:53:15,483 --> 02:53:18,563
Thank you. Um, so the committee does not have any

383
02:53:18,603 --> 02:53:23,443
further questions. Uh, I think, are you speaking again, sir?

384
02:53:23,443 --> 02:53:29,345
Just shutting off the mic. Thank you. Sorry. I just,

385
02:53:29,345 --> 02:53:34,945
if it's of assistance to the board, the, uh, diagram

386
02:53:34,985 --> 02:53:38,945
that my client, sorry, it's Mr. Marble for the appellant

387
02:53:38,985 --> 02:53:41,505
for the record. If it's of assistance to the board,

388
02:53:42,966 --> 02:53:45,345
the two acre rectangle that my client was referring to

389
02:53:45,446 --> 02:53:50,225
is the orange rectangle that's at page six in exhibit

390
02:53:50,406 --> 02:53:53,745
two of the board's materials for today. Great. Thanks very

391
02:53:53,745 --> 02:53:57,620
much for that clarification. Any further questions from the board.

392
02:53:58,669 --> 02:54:02,577
No, none seeing none, great. Uh, the committee has sufficient

393
02:54:02,918 --> 02:54:05,777
evidence to close the hearing. The hearing is now closed

394
02:54:06,118 --> 02:54:11,180
and are written decision, uh, will be issued. In, well,

395
02:54:11,180 --> 02:54:13,180
before I close a meeting, I guess I should have

396
02:54:13,220 --> 02:54:15,180
asked the question of the appellant. If you can please

397
02:54:15,220 --> 02:54:18,142
come up. One or the other, I just would like

398
02:54:18,182 --> 02:54:20,622
to ask you, do you feel you've had a fair

399
02:54:21,523 --> 02:54:30,005
and a fair opportunity to present your evidence. Uh, yes,

400
02:54:30,045 --> 02:54:32,225
Mr. Chair, thank you. Uh, your name again, sir. I'm

401
02:54:32,225 --> 02:54:34,805
sorry. Mr. Marble for the appellant. Thank you very much.

402
02:54:35,306 --> 02:54:37,765
Uh, the committee has sufficient evidence to close the hearing

403
02:54:37,805 --> 02:54:40,165
now. The hearing is now closed and are written to

404
02:54:40,165 --> 02:54:43,845
shown. We'll be issued to all parties by email. Thanks

405
02:54:43,866 --> 02:54:45,445
very much to everyone in attendance.