County of St. Paul No 19

Council Meeting

Minutes

Meeting #:
Date:
Time:
-
Location:
5015- 49 Avenue, St. Paul, AB T0A 3A4

The regular meeting of the Council of the County of St. Paul No. 19 was called to order by Reeve Steve Upham at 10:05 a.m., Tuesday, August 11, 2015 at the County Office in St. Paul, there being present the following:

Reeve Steve Upham 
Councillor Dwight DachDivision 2
Councillor Cliff MartinDivision 3
Councillor Maxine FodnessDivision 4
Councillor Frank SloanDivision 5
Sheila KitzCAO
Tim MahdiukAssistant CAO
Phyllis CorbiereExecutive Assistant
Leo deMoissacPublic Works Superintendent
Kyle AttanasioDir. Leg. & Comm Services
Janice HuserSt. Paul Journal
Absent: 
Councillor Glen OckermanDivision 1
Councillor Laurent AmyotteDivision 6
  • Resolution #CM20150811.1001

    Motion to approve minutes of the July 28, 2015 Special Council Meeting with the following amendment:

    Motion to declare a state of Agricultural Disaster for the entire County of St. Paul.

    Carried
  • Resolution #CM20150811.1002

    Motion to approve minutes of the July 8, 2015 Council Meeting as presented.

    Carried
  • Resolution #CM20150811.1003

    Motion to adopt the Bank Reconciliation for the month ending July, 2015.

    Carried

The following additions and deletions were made to the agenda:

Delete:

7.2  11:30 a.m. Delegation - Floatingstone Lake Lot Owners

Add:

8.20  Letter to Minister of Transportation re concerns with traffic along Highway 28

8.21  Letter to Agriculture Minister regarding state of Agricultural Disaster

 
 

 

  • Resolution #CM20150811.1004

    Motion to adopt the agenda for the Regular Meeting of Council for August 11, 2015 with the above noted additions and deletion.

    Carried
  • Resolution #CM20150811.1008

    Motion to go in camera as per section 18 of the FOIP Act.  Time: 10:30 a.m.

    Carried
  • Resolution #CM20150811.1009

    Motion to revert to an open meeting.  Time:  10:42 a.m.

    Carried

Councillor Frank Sloan left the Council meeting at 10:45 a.m.

  • Resolution #CM20150811.1010

    Motion to accept the Second Quarter of the 2015 Strategic Plan with the addition of the following information:

    Goal 9 - Waste Management:

    Location for bin site in Poirier Subdivision has been determined.

    Carried
  • Resolution #CM20150811.1011

    Motion to approve the donation of 80 yards of cold mix for the Elk Point Golf & Country Club to repair and upgrade the cart path.  The cold mix will be stockpiled in their yard.

    Carried
  • Resolution #CM20150811.1012

    Motion to deny the request from the Elk Point Heritage Lodge Auxiliary for funding to assist with the cost of carrying out the activities for their residents, as it could be precedent setting.

    Carried

Kevin Bernhardt, 1st Vice-President and Linda Sallstrom, Executive Director with the St. Paul Chamber of Commerce were admitted to the Council Room to give an update of the chamber activities within the Town and County of St. Paul.

 

Kevin advised Council that the Chamber has been through a transition over the past 3 years and is working on developing a greater understanding of the needs and wants of the membership and business community; increasing visibility and engagement by board and staff within the business community and increasing sustainable activities, programs and events which engage the business community and support their efforts.

 

He also informed Council that they are working to become more active through the year and raise money at more than one fundraiser.  They are focusing on getting the word out on the Chamber benefit package.  They then invited a representative from County Council to attend their Chamber meetings if they are interested in attending.

 

Following their presentation, Kevin Bernhardt and Linda Sallstrom left the Council Room.

Reeve Upham declared the Public Hearing open at 1:06 p.m.

Krystle Fedoretz, Planning and Development, informed Council that the Public Hearing was advertised in accordance with Section 203 of the M.G.A. and the adjacent landowners were notified via letterpost. She did not receive any responses to the advertisement.

 

She then informed Council that the purpose of the Public Hearing is to discuss Bylaw No. 2015-17, which is a bylaw to amend Land Use Bylaw No. 2013-50 as it relates to rezoning 2 acres in PNW 33-55-3-W4 from Agricultural to Industrial Commercial.

 

The applicants hosted a public consultation on August 4 and six people were in attendance.  All of the concerns brought up at the public consultation were addressed by the Applicants. It was a positive consultation.  The residents had questions regarding traffic volume, safety and if it is going to be cardlock system only, which it is.  The cardlock will be 82 metres from the property line and the site will be bermed and fenced. The site meets all environmental concerns and the tanks are remotely monitored.

 

There were no written submissions either for or against the proposed bylaw and there was no one present to speak in opposition to the proposed bylaw.

 

Greg Naddick, on behalf of Kings Husky, spoke in favor of the proposed bylaw.  He advised that they wil be carrying regular gas and marked and unmarked diesel but they will not have credit card service, only cardlock at this time.  The area residents are in support of the proposed cardlock system.

 

Reeve Upham declared the Public Hearing closed at 1:10 p.m.

  • Resolution #CM20150811.1038

    Motion to adjourn the meeting and proceed to Public Hearing scheduled for 1:00 p.m. to discuss Bylaw No. 2015-17, which is a bylaw to amend Land Use Bylaw No. 2013-50 as it relates to rezoning 2 acres in PNW 33-55-3-W4 from Agricultural to Industrial/Commercial.

    Carried
  • Resolution #CM20150811.1039

    Motion to give second reading to Bylaw No. 2015-17, which is a bylaw to amend LUB No. 2013-50 as it relates to rezoning 2 acres in PNW 33-55-3-W4 from Agricultural to Industrial Commercial.

    Carried
  • Resolution #CM20150811.1040

    Motion to give third reading to Bylaw No. 2015-17.

    Carried

Reeve Upham declared the Public Hearing open at 1:15 p.m. with six members of the public present.

 

Krystle Fedoretz, Planning and Development, informed Council that the Public Hearing has been advertised in accordance with Section 606 of the M.G.A. and the adjacent landowners were notified via letterpost.

 

Krystle Fedoretz then informed Council that the purpose of the public hearing is to hear from anyone who is in favor of or opposed to Bylaw No. 2015-15, which is a bylaw to close a portion of the government road allowance adjoining the south boundary of the South East quarter of Section 6 lying east of a line drawn at right angles through said road allowance 420 meters west of the west limit of Road Plan 4322NY.

 

Krystle Fedoretz read the following letter in opposition to Bylaw No. 2015-15:

August 7, 2015

Attn:  MR. DENNIS BERGHEIM

Dear Sir:

Written Submission in Opposition to Bylaw No. 2015-15.

We have been retained by Mr. E. Karpyshyn to oppose BYLAW No. 2015-15 ("the Bylaw") on his behalf.  The Bylaw deals with the sale of four hundred twenty (420) meters or a Road Allowance on Township Road 600, between Range Road 115 and Range Road 120 ("the Road Allowance").

 

We contend that the Preamble of the Bylaw is not correct; it states that lands are no longer required for public travel.  This declaration is untrue and misleading.  We find that creation of the Bylaw Under a false pretence is inappropriate.

 

We claim that the applicant has blocked public access to the Road Allowance site.  This course of action impedes access to the neighboring property legally described as NE 59-11-W4 ("the Land").  Public access has been blocked for several years and has prejudiced Mr. Karpyshyn with respect to his ability to access the Land.

 

The premise of the Bylaw's Preamble, with respect to an absence of any petition of those who would be prejudicially affected, is the result of a procedural lapse whereby Mr. Karpyshyn did not receive sufficient notice to enable him to submit a petition.  Mr. Karpyshyn claims that he received no notice about the Bylaw before June 9th, 2015.  Thus, he was not able to petition County Counsel to make a claim that he has been prejudicially affected.

 

Tony Karpyshyn wrote a letter to the County, dated on or about May 15, 2001.  He explained that the blocked Road Allowance prohibited him from using it to transport farming equipment from another parcel of land.  He expressed that transportation of heavy farm equipment on Highway 28, as an alternate route, is dangerous.  Because there is no public access to the Road Allowance, the letter also explained how this has resulted in RVs and Snowmobiles crossing his land and causing winter-kill.

 

Pursuant to Policy DEV-103, the applicant has occupied this Road Allowance area without a license and has illegally erected fences to restrict public access.  The applicant has blocked access on Range Road 115 and on Range Road 120.  The Land is also adjacent to the Road Allowance and is not owned by the applicant.

 

The applicant has taken possession of the Road Allowance without a lease agreement with the County of St. Paul, which would grant the applicant possession of the Road Allowance temporarily.  Pursuant to section 13 of the Traffic Safety Act (Alberta), the present arrangement is illegal.

 

Pursuant to section 7 of BYLAW 2013-50 (County of St. Paul), the applicant has illegally built a dugout that encroaches on the Road Allowance.  This dugout is also in contravention of section 4 for of the Highway Development Control Regulation (Alta Reg 242/1990).

 

Pursuant to section 19 of the Water Act (Alberta) and pursuant to section 9 of the Environmental Enhancement and Protection Act (Alberta), the dugout is also illegal.

 

Pursuant to section 13, 21 and 22 of the Municipal Government Act (Alberta), the occupation and restriction of public access by the applicant has effectively closed the road illegally.

 

The Bylaw would prohibit public travel to the Land.  As such, Mr. Karpyshyn would be prejudicially affected by the Bylaw.  The act of blocking access to the Road Allowance has also prejudiced Tony Karpyshyn, who farms the Land with Mr. Karpyshyn.  Blocking public access to the Road Allowance has interfered with Tony Karpyshyn's enjoyment of and access to the Land.

 

We have attached a petition with the names of several individuals who oppose the Bylaw, which has been prepared by Mr. Karpyshyn.  These individuals would also be prejudiced by the Bylaw.

 

Please forward this letter to the Minister of Transportation prior to the second reading of the Bylaw.  We further request that you send your written decision regarding this matter to Mr. Karpyshyn directly at the following address:  BOX 276, Ashmont, AB, T0A 0C0.

Yours truly,

LAMOUREUX CULHAM LLP

Per:

DAVID W. KEYES

Student-at-Law

DWK

 

County of St. Paul Council

We the undersigned rate payer are opposed to the cancellation and part sale of Road allowance on Township Road 600 between Range Road 115 and Range Road 120 because the adjacent land owner dug a dugout partially on the road allowance.

Eddie Ernie Karpyshyn - NW 6-60-11-W4

Tim Harry Karpyshyn - SE 12-60-12-W4

Norman Bentley - NW 19-60-11-W4

Henry Gogowich - NE 5-60-11-W4

Marco Miller - NE 33-59-13-W4

Metro Karpyshyn - SE 1-60-12-W4

Ernie Melnychuk - SE 14-60-12-W4

George Karpyshyn - NE 2-60-12-W4

Anthony Karpyshyn - NE 1-60-12-W4

Don Huber - NW 15-59-11-W4

There were no other written submissions.

Norman Bentley then spoke in opposition to the proposed road cancellation and requested who gave the Starosielskis permission to dig the dugout on the road allowance.

Krystle Fedoretz then read the following letters in favor of the proposed road closure, aloud to Council:

July 24, 2015

Tom D. Starosielski

Box 307

Ashmont, AB   T0A 0C0

Dear Mr. Starosielski:

RE:  Road Allowance Closure and Purchase

With respect the closure and purchase of the road allowance at the NE 31-59-11-W4, Alberta environment and Parks (EP) have no objection to this decision.

 

The Department records indicate that in 1987, Interim Licence No. 15020 was authorized to utilize 8.0 ac-ft of water from the slough located on the NE 31-59-11-W4.  Subsequently a dugout has been constructed to serve as a reservoir for your agricultural operation.  The dugout appears to be a necessary component of the water supply for the operation.  EP has no outstanding requirement of your water management system under the Water Act.

 

Upon review of aerial photos, the County map and the National Topographical Survey, it appears that a fairly large and significant wetland exists along the northern road allowance of the NW & NE 31-59-11-W4.

 

In September 2013, Alberta implemented a new Wetland Policy in the settled area of Alberta.  The goal of Alberta's Wetland Policy is to conserve, restore, protect, and manage Alberta's wetlands to sustain the benefits they provide to the environment, society, and the economy.  The first priority of the policy is to avoid impacts toward wetland areas whenever possible.

 

Development of a road through this wetland would require significant demonstration of the need for the project.  An examination of how the avoidance principle was employed with respect to the wetland would also be required.  Comprehensive studies to determine the potential and secondary impacts, to the wetland would also be required.  Therefore I strongly encourage the road allowance landowner to fully consider the project magnitude, prior to proposing the development of the road allowance.  Alberta Environment and Parks would prefer that no road is built within this road allowance.

Yours truly,

Wendi Dehod, P. Eng.

Sr. Water Administration Engineer

 

Ron McConnell, Ashmont

I have no objection and support the application by Tom D. Starosielski to close and purchase the road allowance Meridian 4 Range 11 Township 60 (420 meters).  He has been renting a 1/4 section of land (NW 32-59-11) from me since 2001 and it has been my experience that he is an excellent steward of the Land.

 

Allan and Shirley Tkachyk, Ashmont

We have no objection and support the application by Tom D. Starosielski to close and purchase the road allowance Meridian 4 Range 11 Township 60 (420 metres).  We are neighbors and have land 1/2 mile north of the road allowance.  We are familiar with his farm's water system and know that granting of this application would be very beneficial and ensure continued success of his farm operation.

 

Heather & Wayne Himschoot, Ashmont

We have no objection and support the request by Tom D. Starosielski to close and purchase the road allowance Meridian 4 Range 11 Township 60.  Our land location is SW 32-59-11-W4.

 

Tom, Doreen and Ivan Starosielski, Ashmont

We have no objection to the application by Tom D. Starosielski to close and purchase the described road allowance (Meridian 4 Range 11 Township 60 (420 metres)) as per correspondence received in notice by the County of St. Paul.  The closing and purchase of the road allowance will safeguard the water operations that are integral to the operation of Tom D and Heather Starosielski's cattle farm.  It is our hope that the County Council grants permission of this request, which is rather unique due to the circumstances of the water operation that keep this fourth generation farm viable.

 

Ken & Jeannine Galas, Ashmont

We have no objection and support the request by Tom D. Starosielski to close and purchase the road allowance Meridian 4 Range 11 Township 60.  We have land located (NE 18-60-11-W4) & (NW 17-60-11-W4) north of the requested road allowance along RR 115.  As a multi-generation farming family we understand the importance of preserving a water operation that is integral to the livelihood of a cattle farm.

 

Alton & Elizabeth (Betty) Mallock, Ashmont

We have no objection and support the request by Tom D. Starosielski to close and purchase the road allowance Meridian 4 Range 11 Township 60.  Our land location is NE 30-59-11-W4.

 

Poncho and Audrey Mulkay, Ashmont

We have no objection and support the request to the county by Tom D. Starosielski to close and purchase the road allowance Meridian 4 Range 11 Township 60.  We are neighbors to the Starosielski family and have land 1/2 mile south (SE 31-59-11-W4) of the requested road allowance.

 

Garry Himschoot, Ashmont

I do not agree with the County of St. Paul selling road allowance, however in an extenuating circumstance such as the case with the Starosielski family, I do agree.  I understand that there water system is integral to their farming operation and in this circumstance I have no objection and support the request by Tom D. Starosielski to close and purchase the road allowance Meridian 4 Range 11 Township 60.  My land location is SW 32-59-11-W4.

 

Reeve Upham then requested if there was anyone present to speak in favor of the proposed Bylaw.

 

Tom and Heather Starosielski then spoke in favor of their request to purchase the road allowance because the dugout on the road allowance is an integral part of their water system and the shelterbelt which was established in the 1950s is also situated on the road allowance.  The water system is licensed and approved by Alberta Environment.  They then pointed out to Council that the people who signed the petition don't all have land on Range Road 115.

 

No one else spoke in favor of or in opposition to the proposed road cancellation.

 

Reeve Upham declared the public hearing closed at 1:48 p.m.

  • Resolution #CM20150811.1041

    Motion to adjourn the meeting and proceed to Public Hearing scheduled for 1:15 p.m. to discuss Bylaw No. 2015-15, which is a Bylaw to close 420 metres of road allowance between NE 31-59-11-W4 and SE 6-60-11-W4.

    Carried

Councillor Frank Sloan entered the Council Room at 10:47 a.m.

  • Resolution #CM20150811.1013

    Motion to approve the purchase of the number of tickets required by Council and Administration at $40 per ticket and make a cash contribution for the balance up to $300.

    Carried
  • Resolution #CM20150811.1014

    Motion to approve Phyllis Corbiere and Michelle Yun to attend the ARMAA conference from September 9-11, 2015 in Wetaskiwin.

    Carried
  • Resolution #CM20150811.1015

    Motion to approve Cliff Martin, Eleanor Zimmerman, Linda Meger and Paulette Mudryk to attend the MGB Assessment Review Board Workshop on September 16, 2015 in Edmonton.

    Carried
  • Resolution #CM20150811.1016

    Motion to approve Councillor Laurent Amyotte, Councillor Dwight Dach and Councillor Maxine Fodness to attend the Annual Northern Lights Library System Conference on  September 17 & 18, 2015 in Elk Point.

    Carried
  • Resolution #CM20150811.1017

    Motion to approve Reeve Upham to attend the All-Nations Leaders V.I.P. Dinner on Wednesday, October 14 in Lloydminster.

    Carried
  • Resolution #CM20150811.1018

    Motion to approve a $200 donation for the Annual Elk Point Grandparents Day Celebration.

    Carried
  • Resolution #CM20150811.1019

    Motion to deny the request from Bonnie Allen, to reduce the rate of the gravel she purchased from the County from $25 to $15/yard, as she rents a site at the Lac Bellevue Legion Campground in the County of St. Paul, but does not have a rural address, and the reduced rate is attached to the rural address.

    Carried
  • Resolution #CM20150811.1020

    Motion to cancel the penalties on Lot 1, Block 1, Plan 0840298 as we received notification for payment prior to the June 30th tax deadline.

    Carried
  • Resolution #CM20150811.1021

    Motion to give first reading to Bylaw No. 2015-19, to cancel part of Road Plan 3445BM between the E 1/2 15-57-6-W4 and the W 1/2 14-57-6-W4.

    Carried
  • Resolution #CM20150811.1022

    Motion to give first reading to Bylaw No. 2015-20, as it relates to rezoning 10 acres in PSE 5-58-9-W4 from Agricultural to Country Residential One (CR1).

    Carried
  • Resolution #CM20150811.1023

    Motion to table the request to build the road which leads to SE 18-60-10-W4, until Public Works Department and local Councillor have a look at the access to the property to determine how much road has to be built/upgraded in order to provide a suitable access.

    Carried
  • Resolution #CM20150811.1024

    Motion to ratify the rate for land purchase easements at $1300, effective January 1, 2014 and that the rate will be reviewed annually during Strategic Planning.

    Carried
  • Resolution #CM20150811.1025

    Motion to enter into a Sub-lease Agreement with the Town of Elk Point, for a 5 year period, to use part of the Eco Centre Building located at 5001 Railway Avenue in the Town of Elk Point, which is required for the FCSS Office.

    Carried
  • Resolution #CM20150811.1026

    Motion to enter into a Sewage Disposal Contract with Bump Energy Services Ltd. for the Mallaig and Whitney Lake Lagoons effective August 11, 2015.

    Carried
 

 

  • Resolution #CM20150811.1027

    Motion to approve a request to Alberta Transportation for the installation of two small road signs to be erected along Highway 29 at Rge Rd 81 indicating the location of the St. Paul Fish and Game Association's shooting range.

    Carried
  • Resolution #CM20150811.1028

    Motion that administration apply for a temporary diversion license for  SW-15-56-6-W4 in the County of Vermilion River and SW 13-55-6-W4 in the County of St. Paul and enter into an agreement with Canadian Natural Resources Limited regarding the two water diversion points.

    Carried
  • Resolution #CM20150811.1029

    Motion that County staff will install 40 new texas gates along the Iron Horse Trail and that it will be a donation of work in kind for the Iron Horse Grooming Foundation, which will be used as matching dollars towards their grant.

    Carried
  • Resolution #CM20150811.1030

    Motion that the County of St. Paul host an appreciation luncheon on Wednesday, September 16 at Ferguson Flats for industry partners who have contributed towards Murphy Road.

    Carried
  • Resolution #CM20150811.1031

    Motion that the County send a letter to Alberta Transportation requesting funding for Phase 2 of the Water for Life Project which includes running  the water line to the Hamlet of Mallaig.

    Carried
  • Resolution #CM20150811.1032

    Motion that the County send a letter to the new Minister of Transportation stressing the importance of Highway 28 for both industry and tourism and the need to upgrade the highway so it can handle the volume of traffic.

    Carried
  • Resolution #CM20150811.1033

    Motion to send a letter to the new Ag Minister advising that the County of St. Paul has declared an agricultural disaster and that Council feels that the assistance programs have to be reviewed, as they have not kept up with inflation over the years.

    Carried
  • Resolution #CM20150811.1034

    Motion that administration draft a resolution to bring to the AAMD&C Zone meeting regarding the Agriculture Assistance Programs.

    Carried

8.22

8.23

CAO Sheila Kitz presented her report to Council.

  • Resolution #CM20150811.1005

    Motion to accept the CAO report as presented.

    Carried
  • Resolution #CM20150811.1006

    Motion that administration send out Request for Proposal for IT services for the County of St. Paul.

    Carried
  • Resolution #CM20150811.1007

    Motion to apply for a grant under the Alberta Community Resilience Program for funding to help offset the costs of doing repairs to the slide on the Moosehills road.

    Carried
  • Resolution #CM20150811.1035

    Motion to approve the budget to actual as of July 31, 2015.

    Carried
 

 

  • Resolution #CM20150811.1036

    Motion to approve the Council Fees for the Month of July, 2015 as circulated.

    Carried

Reeve Upham recessed the meeting at 11:45 a.m. and reconvened the meeting at 1:00 a.m. with all members present except Councillor Amyotte and Councillor G. Ockerman and CAO Sheila Kitz.

  • Resolution #CM20150811.1037

    Motion to file the listing of Accounts Payable as circulated:

    BatchCheque DateCheque Nos.Batch Amount
    18673July 2, 201522728 - 22757  $  95,969.45
    18675July 2, 201522758  $    1,502.19
    18698July 10, 201522759 - 22832  $769,557.16
    18715July 16, 201522833 - 22883  $587,390.65
    18743July 27, 201522884 - 22929  $116,729.54

     

    Carried

Business on the agenda being concluded, Chairman S. Upham adjourned the meeting.  Time:  1:50 p.m.

 

These minutes approved this 8th day of September, 2015.

 

 

________________________           ____________________________

Reeve                                                       Chief Administrative Officer