County of St. Paul No 19

Council Meeting

AGENDA

Meeting #:
Date:	Tuesday, February 09, 2016
Time:	10:00 A.m. - 10:00 A.m.
Location:	5015- 49 Avenue, St. Paul, AB T0A 3A4

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1.

Call to Order

2.

Minutes

3.

Bank Reconciliation

4.

Additions to Agenda and Acceptance of Agenda

5.

In Camera

In Camera

5.1

In Camera

6.

Business Arising from Minutes

6.1

Bylaw No. 2016-03 - Licence Road Allowance

At the January meeting, Council was presented with an application for a licence agreement for the undeveloped road allowance located between NE 22-57-10-W4 and NW 23-57-10-W4 for agricultural purposes. The adjacent landowner signed the consent on the application form.  David Thomson rents his land to Ron Jean who would like to brush part of the road allowance so he can cultivate and farm it.  He is already farming part of the road allowance. 

 

Council made a motion to table the request for a legal opinion about brushing the road allowance and by allowing the landowner to brush the road allowance, does it change from undeveloped to developed?

 

Administration received a legal opinion stating that brushing on the road allowance portion would not trigger any additional responsibility for the County and would not make the road allowance developed in any way. Once the County has entered into an agreement with the proposed licensee, the County will have documentation that the brushing is being done strictly to aid with cultivation of the land and not for any transportation purpose. 

 

The County, under Section 18 of the M.G.A. has the direction, control and management of all roads within the municipality. Under Section 16 of the Highway Traffic Act, a municipality may grant a licence for the use of a road allowance.

 

After first reading the bylaw must be advertised.

7.

Delegation

7.1

11:00 a.m. - Public Hearing - Bylaw No. 2016-01 - Amend LUB 2013-50 Wording Change

At the January Meeting, Council gave first reading to Bylaw No. 2016-01, which is a bylaw to amend Section 7.30 of Land Use Bylaw No. 2013-50 to allow CAN/CSA approved holding tanks on lakefront properties. 

 

Bylaw No. 2016-01 was advertised in the St. Paul Journal and Elk Point Review on January 26 and February 2, 2016. 

 

Planning and Development has not received any feedback in response to the advertisements.

7.2

11:15 a.m. - Public Hearing - Bylaw No. 2016-02 - Amend LUB Rezone PNE 12-58-9-W4

At the January 12, 2016 meeting, Council gave first reading to Bylaw No. 2016-02, which is a bylaw to amend Land Use Bylaw No. 2013-50 as it relates to rezoning 10 acres in NE 12-58-9-W4 from Agricultural to Industrial Commercial.  The applicant will be using the land for a Commercial Service Centre.

 

Bylaw No. 2016-02 was advertised in the St. Paul Journal the weeks of January 26 and February 2.

RSVPs were sent out to adjacent landowners regarding a public consultation to be held January 27, 2016 and 2 adjacent landowners and the developer attended. Discussion points at the meeting:

• Concerns over the lot being created for re-sale.  The developer confirmed that is not the case.  The developer is running out of space at his current business location. 
• Concerns were raised over the lake that used to occupy the property,  Area landowners wanted the developer to know that the land used to be covered by lake.
• Access was discussed.  Alberta Transportation has already approved the access.
• Developer sees a benefit of the location so they can demonstrate haying equipment that is for sale.

 

As per direction from the January Council Meeting, Planning and Development sent a letter to Alberta Transportation regarding access to the proposed subdivision from Hwy 29.  Alberta Transportation replied that they have no concerns with the access.

Krystle Fedoretz will attend this Public Hearing.

7.3

11:30 a.m. - Bob Bespalko, HUB

Bob Bespalko, with Alberta HUB, will be in to speak with Council about Industrial Hemp and Agri-Food Value added and Council's roles with this diversification. 

7.4

1:00 p.m. - Leo VanBrabant, MCSNet

Leo VanBrabant with MCSNet will be in to meet with Council to discuss amending the Land Use Bylaw regarding internet towers within the County.

 

Mr. VanBrabant's development application was denied based on section 7.7(3)(a) of the Land Use Bylaw.  A copy of that section of the Land Use Bylaw is attached. 

8.

New Business

8.1

Growing Rural Tourism Conference - Feb 22-24

The Annual Growing Rural Tourism Conference will be held February 22-24, 2016 in Camrose.  Councillor Dach has expressed interest in attending as it pertains to his Alberta's Lakeland and Kalyna Country Committees.

 

The Agenda for the Conference can be viewed online at www.growingruraltourism.ca.  Registration for the Conference is $325.

 

8.2

Alberta Municipal Clerk's Conference - April 20 - 22

The Annual Municipal Clerk's Conference will be held April 20-22, in Canmore.  Registration for the Conference is $525.  Information about the conference can be viewed at http://www.albertamunicipalclerks.com/AMCA-Annual-Conference. 

8.3

2016 ASCHA Convention & Tradeshow - April 25 - 27

The 2016 Alberta Senior Citizen' Housing Association (ASCHA) Convention will be held April 25 to 27, 2015 in Red Deer.  Early registration for the conference is $500.  Councillor Fodness has expressed interest in attending as it pertains to the MD Foundation board. 

 

Additional information can be viewed at www.ascha.com/events.

8.4

Alberta Library Conference - April 28 to May 1

The Annual Alberta Library Conference will be held April 28 to May 1, 2016 in Jasper.  Registration for the conference is $230 before March 15th.  Councillor Fodness would like to attend this conference as it pertains to her St. Paul Library Board Committee.

 

Councillors Amyotte and Dach have been approved to attend the conference through the Library Board. 

 

More information is available at www.albertalibraryconference.com.

8.5

Grey Matters Conference - Sept. 20 & 21

The Grey Matters Conference will be held September 20 & 21, 2016 in Grande Prairie.  Councillor Dach has expressed interest in attending as it relates to the MD Foundation Committee.

8.6

Lac Bellevue Obstacle Course

The Friends of Lac Bellevue Enhancement Society will be hosting their second annual Bellevue Blast on July 16, 2016.  It is an obstacle race that is over a course of 6 km, using the quad/snowmobile trails, the public beach and the Legion Lake Front beach. 

 

The tentative plans is for the race to start at the County dumpster site, continuing along the quad/snowmobile trail and ending at the Legion lake front on the beach.  They are requesting permission from the County to use the dumpster site for parking and registration for the event. 

 

8.7

Request for Senior Transportation Grant

The St. Paul Senior Citizens' Club and the Mallaig Seniors are requesting a travel grant to be used in 2016. 

8.8

Request to Cancel Taxes

Equipment for 16-24-56-4-W4 was assessed on both Roll # 70000506 and Roll #66200015 for the 2014 Assessment year, in error.  Twin Butte Energy paid the taxes on roll 70000506 in June. 

 

In order to inactivate the duplicate account, we require a motion from Council to cancel the taxes and penalties in the amount of $1,899.80 that were incorrectly applied to Roll 6620015.  These sites have been corrected for the 2015 assessment so that there is only one roll for that location.

 

Section 347 of the M.G.A. allows a Council to cancel or refund all or part of a tax. 

8.9

2016 Land Leases

The following land leases are being presented for renewal for the year 2016:

PNE 8-56-4-W4	One Hope Canada
SE 20-56-7-W4	Banana Hill Farms
PNE 6-60-10-W4	William Barefoot & Sylvia Slowski
PNE 33-62-10-W4	Mardell & Michael Thompson
NW 34-62-10-W4	Mardell & Michael Thompson
NE 34-62-10-W4	Mardell & Michael Thompson
NW 2-62-12-W4	Allan & Shirley Tkachyk
NE 4-62-12-W4	William & Edward Zapisocki

Section 61 of the M.G.A. allows a municipality to grant rights with respect to its property.

8.10

Bylaw No. 2016-05 - Amend LUB - Rezone N 1/2 NW 13-57-6-W4

Bylaw No. 2016-05 is being presented to Council to amend Land Use Bylaw No. 2013-50 as it relates to rezoning 10 acres in N 1/2 NW 13-57-6-W4 from Agricultural to Country Residential One.  This is the same property that was presented for rezoning at the December Council Meeting.  The landowner has submitted a new application and has paid the application fee. 

 

After first reading, the Bylaw must be advertised according to Section 606 of the M.G.A. and a public hearing held according to section 230 of the M.G.A. The adjacent landowners will be notified of the proposed rezoning.

 

The applicant will also be required to hold a public consultation prior to the public hearing being held.

8.11

Road Cancellation - Road Plan 2318ET in N 1/2 and SE 21-60-10-W4

Road Plan 2318ET in N 1/2 21-60-10-W4 and SE 21-60-10-W4 is being presented to Council for cancellation as a new road was built but the old road plan was never cancelled.  The area to be cancelled is highlighted in yellow.  Part of the highlighted area will then be reregistered with the new road plan.

 

Section 24 of the M.G.A. allows Council to close and cancel any part of a road described in a surveyed road plan if it is no longer required for use by the travelling public owing to the existence of an alternate route.

8.12

Road Cancellation - Road Plan 1018KS in S 1/2 34-60-11-W4; W 1/2 35-60-11-W4 and SE 35-60-11-W4

Road Plan 1018KS in SW 34-60-11-W4; SE 34-60-11-W4; NW 35-60-11-W4; SW 35-60-11-W4 and SE 35-60-11-W4 is being presented to Council for cancellation as a new road was built, and parts of the old road was abandoned but not registered.  The area to be cancelled is highlighted in orange (includes the abandoned areas) and then that same area will be re-registered under one new road plan.

 

Section 24 of the M.G.A. allows Council to close and cancel any part of a road described in a surveyed road plan if it is no longer required for use by the travelling public owing to the existence of an alternate route.

8.13

Road Cancellation - Road Plan 8320958 in NW 34-55-7-W4

Road Plan 8320958 in NW 34-55-7-W4 is being presented to Council for cancellation as a new road was built but the old road plan was never cancelled.  The area to be cancelled is highlighted in yellow. 

 

Section 24 of the M.G.A. allows Council to close and cancel any part of a road described in a surveyed road plan if it is no longer required for use by the travelling public owing to the existence of an alternate route.

8.14

Road Cancellation - Road Plan 2209ET in SW 3-56-7-W4

Road Plan 2209ET in SW 3-56-7-W4 is being presented to Council for cancellation as a new road was built but the old road plan was never cancelled.  The area to be cancelled is highlighted in yellow. Part of the highlighted area will then be reregistered with the new road plan. 

 

Section 24 of the M.G.A. allows Council to close and cancel any part of a road described in a surveyed road plan if it is no longer required for use by the travelling public owing to the existence of an alternate route.

8.15

Road Cancellation - Road Plan 1066NY in West 1/2 1-60-10-W4

Road Plan 1066NY in West 1/2 1-60-10-W4 is being presented to Council for cancellation as a new road was built but the old road plan was never cancelled.  The area to be cancelled is highlighted in yellow. Part of the highlighted area will then be reregistered with the new road plan. 

 

Section 24 of the M.G.A. allows Council to close and cancel any part of a road described in a surveyed road plan if it is no longer required for use by the travelling public owing to the existence of an alternate route.

8.16

Intersection of Highway 28 and 36

During fall convention, Council asked Alberta Transportation to extend the 80 km/hr speed zone from the access into Ashmont, westbound to the Junction of Hwy 28 and 36.  Alberta Transportation did an analysis of the proposed speed limit extension and based on their findings, they are recommending to keep the intersection at 100 km/hr.  A copy of their recommendation is attached. 

8.17

Traffic Impact Study - Ashmont School Intersection

St. Paul Education has provided the attached Traffic Review and Impact Assessment for the Ashmont Replacement School which was conducted to determine whether or not there should be changes made that would improve traffic flow feeding the school to meet the current and future demands.  Before St. Paul Education submits their recommendations to Alberta Transportation, they are requesting that Council review the TIA and provide a written response if they support the conclusions. 

Public Works staff have reviewed the report and are recommending that Council provide a letter of support to the conclusions found in the report.

8.18

Ashmont Lagoon/Waste Water Transfer Station

At the Public Works meeting of January 26, 2016 Council heard an update on the Ashmont Lagoon and Waste Water Transfer Station project from our engineers Urban Systems.  Following that meeting Administration has received the following projected schedule for the lagoon portion of the project:

• Prequalification submission deadline - February 23, 2016
• Issue of RFP tender for the project - March 2016
• Award of Contract - April 2016
• Construction start - April 2016 or as conditions allow
• Substantial Performance - September 15, 2016

Administration has also received confirmation from Alberta Municipal Affairs regarding funding available in the current fiscal year as being $1,032,115.  Municipal Affairs has also indicated that they expect more funds to be available in 2016/17 fiscal year, however they cannot confirm the amount of the total grant funding that would be available in the next fiscal year.  Committed funds as per the grant approval total $3,433,332.  Based on current funds available, there is a potential that there will be a shortfall of grant funds for an undetermined amount of time.   Administration is still getting confirmation on whether the Province will cover interest expense should the municipality need to short term borrow until the Provincial/Federal portion of funding comes available.  We hope to have this information available during the Council meeting. 

Council will need to determine if they wish to proceed with the proposed schedule above and consider short term borrowing the grant portion of the project to allow the project to be completed in 2016.

8.19

Summer Village of Horseshoe Bay Mowing and Weed Control Services Agreement

The County has been providing mowing and weed control services to the Summer Village of Horseshoe Bay for approximately two years in the absence of a formal agreement. 

 

Since the County has other formal agreements pertaining to other services including fire, snow removal, and road maintenance, administration is looking to formalize the arrangement for mowing and weed control services. 

8.20

Clubroot Policy - ASB-114

Policy ASB-114 is being presented to establish standards for the management and enforcement of clubroot in the County of St. Paul. This Policy was brought before the Agricultural Service Board Committe on January 26, 2016. 

8.21

Regional Strategic Plan

We have been working with the Town of Elk Point, Town of St. Paul, and the Summer Village of Horseshoe Bay on a Regional Strategic Plan which encompasses identified areas of collaboration, shared services and projects that our municipalities can work on to enhance the quality of life for all of our residents.  This type of plan is identified as an important component of the scoring for the Alberta Community Partnership Program.  A copy of the plan is attached for Council's review.  The Town of Elk Point has already approved the plan.  As well, the Summer Village of Horseshoe Bay has approved the development of a plan.

8.22

Regional Occupational Health & Safety Committee

Rob Duffy is working on the terms of reference for the Regional Occupational Health & Safety Committee. 

 

The first Regional Health and Safety Committee Meeting will be held February 24 at 3:00 p.m.  Each municipality is required to appoint 1 Councillor, 1 Manager or Supervisor and 1 Employee to the committee.  In order to have continuity from the County's Joint Workplace Health and Safety Committee to the regional committee, Administration is recommending that we should appoint members that sit on our County committee to the Regional committee.  Meetings for the Regional Committee will be held every other month, which will fall on opposite months from the County's committee meetings. (note the County's JWHSC used to meet monthly, but have changed to bi-monthly due to the development of a Regional Committee)

8.23

Alberta Capital Finance Authority - Master Loan Agreement

As part of the Alberta Capital Finance loan supporting documents, a Master Loan Agreement is required for the borrowing we will be doing this year.  A copy of the agreement is attached. 

8.24

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8.25

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8.26

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8.27

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9.

Correspondence

9.1

Correspondence

10.

Reports

10.1

CAO Report

11.

Upcoming Meetings

11.1

February 18 - Brownlee Law Seminar

11.2

February 19 - Reynolds Mirth Law Seminar

11.3

February 23 @ 10:00 a.m. - Public Works

11.4

February 25 @ 10:00 a.m. - Policy Committee

12.

Financial

12.1

Budget to Actual

12.2

Council Fees

12.3

Listing of Accounts Payable

13.

Adjournment