County of St. Paul No 19

Council Meeting


Meeting #:
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 10:01 a.m., Tuesday, February 10, 2015 at the County Office in St. Paul, there being present the following:

Reeve Steve Upham 
Councillor Glen OckermanDivision 1
Councillor Dwight DachDivision 2
Councillor Cliff MartinDivision 3
Councillor Maxine FodnessDivision 4
Councillor Frank SloanDivision 5
Councillor Laurent AmyotteDivision 6
Sheila KitzCAO
Tim MahdiukAssistant CAO
Phyllis CorbiereExecutive Assistant
Leo deMoissacPublic Works Superintendent
Kyle AttanasioDirector Leg. & Comm. Services
Janice HuserSt. Paul Journal
Meredith Gillis97.7 The SPUR
  • Resolution #CM20150210.1001

    Motion to approve minutes of the January 13, 2015 Council Meeting as amended:

    Resolution CM20150113.1023 - add "or refund a pro rated amount".

  • Resolution #CM20150210.1002

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


The following additions were made to the agenda:

7.25  Letter of Support - CIP Grant for Rapid Response Truck

7.26  Thank you letter from County Library Board


9.2  Capital Water - Reeve Upham



  • Resolution #CM20150210.1003

    Motion to adopt the agenda for the Regular Meeting of Council for February 10, 2015 with the above noted additions.

  • Resolution #CM20150210.1004

    Motion to give third reading to Bylaw No. 2015, which is the Community Aggregate Levy Payment Bylaw.


    Councillor G. Ockerman requested a recorded vote.


Les Miskolzie was admitted to the Council Room at 10:35 a.m. to request permission from Council for their holiday trailer to remain the temporary sole use of their property at Lottie Lake (Lot 12, Block 1, Plan 7820473), which is zoned General Urban.  When they purchased the property in 2013, their plan was to build a cabin in the future.  They have cleared the property, brought in gravel and trenched in underground power to the lot, all in preparation to construct a cabin.  Mr. Miskozie informed Council that at the end of December, 2018 they commit to either removing the trailer or initiating the process to construct a seasonal residence.  Following his presentation, the delegation left the Council Room.

  • Resolution #CM20150210.1020

    Motion to approve the request for the holiday trailer to remain the temporary sole use of Lot 12, Block 1, Plan 7820473, until the end of December, 2018.

  • Resolution #CM20150210.1021

    Motion that administration bring forward an amendment to the Land Use Bylaw permitting the holiday trailer to remain as the temporary sole use of Lot 12, Block 1, Plan 7820471, until the end of December, 2018.


Reeve Upham declared the Public Hearing open at 11:05 a.m.

Krystle Fedoretz, Planning and Development, informed Council that the public hearing has been advertised according to section 203 of the M.G.A. and the adjacent landowners were notified via letterpost.  A public consultation was held on February 2, 2015 and there were 21 people in attendance.


Krystle then informed Council that the purpose of the public hearing is to discuss Bylaw No. 2014-34, as it relates to rezoning 18.9 acres in the S 1/2 SE 6-57-6-W4 from Agricultural to Industrial Commercial.  There were 9 people in attendance for the Public Hearing.


Krystle Fedoretz read aloud the following written submissions in opposition to the proposed rezoning:

"Further to the letter received on January 20, 2015, regarding the second application to re-apply for rezoning on SE 6-57-6-W4.  Please accept this as a formal letter of objection.

The county has a development plan into Elk Point from the North and the South on highway 41 called Gateway Entrance.  This is an extraordinary plan and the county residents stand behind this plan.  The residents of Elk Point also agree with this plan as it improves the entrances from all of the highways into the town including highway 646.  This is very important to the whole area for future development and for the Town of Elk Point's and the County of St. Paul's ability to attract new residents to live in this community.  It is of utmost importance to build the town in such a way to add to the aesthetic appeal of the town and also be copasetic with the natural environment around town.

Elk Point is now seeing many vacancies to accommodate housing employees, as well there is allotted industrial lands within the town that are for sale.  The Town of Elk Point is developing multi-family dwellings for people to live in; there is no need to have industrial lands with work camps.

Commercial facilities should be built where there is adequate water supply and water disposal.  The lands are zoned agriculture and due to the geographic lay of the land, the lands should remain agriculture.  the above noted legal location is located in lands that are very swampy; and oil spillage, sewage, and waste water will end up right into the water veins as the water levels are very high.  A good example is to look at the picture included with the application; this clearly shows the green foilage directly north of the proposed location,  This foilage is actually swamp willows which is a good indicator of how low the lands lie.  This picture also clearly shows the creek that runs from the west towards Lac Defresne.

The S 1/2 of 6-57-6-W4 is a riparian area, in the spring the water comes right up to where the proposed shop would be located.  This is inadequate land for commercial development.  Industrial shops and industrial sites must be built in correct areas designed for commercial uses with proper water shed and capture,  There is a very fragile aquatic eco-system all the way to the west of Lac Defresne which stems from the creek that comes from the Town of Elk Point,  The Alberta government has programs in place to protect riparian zones and the county would be very familiar with the fragility of these areas.  Alberta Riparian Habitat Management Society, also knows as Cows and Fish has done extensive work to protect these areas.

The water table in this whole area is very high as it feeds all of the natural spruce forest east and south of Lac Defresne.  This one of the few standing forests close to Elk Point, when water is drawn from this area ie. via dugouts, the whole water table drops dramatically affecting not only the trees but more importantly the residents water supply.  Commercial water wells drilled in this area will affect this water table.  In-proper used oil handling is an extreme danger to this aquatic region as well.  The aquatic system is so fragile in this area it would be detrimental to rezone this area to commercial.

From the said lands there are 14 country residences that are directly affected by this re-zoning.

Due to the above concerns we must object to the development and re-zoning of this property."

Loreen and Robert Reynolds


"Please accept this letter as a second letter of objection as our company has objected to this same application for development previously in 2014 for the same purposes,  It was our understanding that this was not going to be re-zoned.

Our mandate still stands that the county maintain the same development plan into Elk Point as the Gateway Entrance Guidelines.  It is equally important to have the same plan for all entrances into Elk Point to maintain an orderly development of the community.

We are under these guidelines with our own land on the corner of highway 41 and we agree with these guidelines and we know that future professional developers will not object to orderly development either.

There are many industrial lots for sale in the Town of Elk Point for developers to purchase.  The said lands in particular are not good for commercial development.  Any development to the East of Highway 41 on Highway 646 is subject to swamps and lowlands affecting water sources of residents and livestock.

As a side notation, the said lands are home to many species of wildlife including eagles which are rare to see in this area as their habitat has become diminished.

Upon reviewing the application received from the County office regarding the re-zoning of the S 1/2 6-57-6-W4, we feel that with the proximity to our personal residences this will dramatically affect property values and water sources.

Please ensure that the above stated lands are not re-zoned commercial.  We urge any re-zoning within the county to be under restricted covenants in terms of large businesses to ensure orderly development with aesthetically appealing highway frontage and strict guidelines on work camps and multi-family dwellings.  These commercial sites should be restricted to specific areas that are more applicable to commercial activity and geographic location."

AARBO Ranching Ltd.


Reeve Upham then called for anyone wishing to speak in opposition of the proposed rezoning.

Edward Vogel lives right across the road from the proposed development and is concerned about how they will dispose of the sewer and oil from the business.  There is a wetlands on the property and he is concerned with potential contamination.


Ollie Fedorus is also concerned about the slough on the property which is within half a mile of where the proposed building will be.  He feels it should be designated as a wetlands and it should be preserved.


Glenn Scott, NW 33-56-6-W4, advised that he stands behind his previous concerns that if the rezoning application is approved it will set a precedent.  He supports all the environmental concerns already expressed, however he is now thinking from a technical view.  He feels this will be a text book case of supporting a second rate industrial park outside of the Town of Elk Point.  He is also concerned with safety, as the area is already congested and the heavy traffic from the business will cause needless bottle necking.  He feels this type of development should be in the industrial park in the Town of Elk Point.  The proposed subdivision is too close to existing residences.


Eric Holthe owns land adjacent to this property and is concerned that if the wetlands become contaminated from the business, it will drain on to his property and could also contaminate his land.  The developer may have it under control, however the owners in the future may not.  He feels they should utilize the space in the Town of Elk Point that has already been zoned Industrial Commercial.


Reeve Upham then called for anyone wishing to speak in favor of the proposed rezoning.


The Applicant, Luthind Enterprises, then spoke in favor of the proposed rezoning as the intent of his business is to preserve jobs, create economic growth while mitigating their risks by having additional office space available for rent.  He advised that the proposed development will not impact the green foilage as they will install a proper drainage system.  They will be bringing a business into the County of St. Paul which employs 40 people.  They also indicated that there will not be increased traffic to cause concern nor will there be an increase in noise to the area residents.


Myra Bochon, NW 5-57-6-W4, questioned the location of the proposed development as there are lots available within the Town of Elk Point which are already zoned for this type of development.  The University of Alberta is doing a study on the wetlands, and the results will be available by the summer.


Following a brief question and answer period, the delegation left the Council Room at 11:45 a.m.

Reeve Upham recessed the meeting at 12:00 p.m. and reconvened the meeting at 12:37 p.m. with all members of Council present.

  • Resolution #CM20150210.1027

    Motion to adjourn the meeting and proceed to Public Hearing scheduled for 11:00 a.m. to discuss Bylaw No. 2014-34, which is a bylaw to amend Land Use Bylaw No. 2013-50 as it relates to rezoning S 1/2 PSE 6-57-6-W4 from Agricultural to Country Residential One (CR1).

  • Resolution #CM20150210.1028

    Motion to give second reading to Bylaw No. 2104-34.

    Councillor Fodness requested a recorded vote:

    Defeated Unanimously

Mircea Panciuk, Executive Director with Northern Lights Library System was admitted to the Council Room at 1:00 p.m. to present the 2013 Statement of Services with the Northern Lights Library System, which describes where the per capita dollars are allocated.  The delegation left the Council Room at 1:35 p.m.

Theresa McQueen and Coral Winkel were admitted to the Council Room at 1:30 p.m. to make a presentation on the St. Paul & District Arts Foundation, which is a non-profit group that houses visual arts studios, musical theatre, literary arts, dance and programming offered for youth to develop and promote all aspects of the arts.  They advised Council that they have secured some grant funding and have applied for two more grants to continue with renovations in the building and to run programs.  50% of their members are County residents.  The delegation then requested a $20,000 grant from the County, which they would use as matching dollars to apply for more grants.  The delegation let the Council Room at 2:00 p.m.

Councillor Frank Sloan refrained from voting as his sister was part of the delegation who made the request on behalf of the St. Paul & District Arts Foundation.

  • Resolution #CM20150210.1037

    Motion to defer the request from the St. Paul & District Arts Foundation for $20,000, to the budget sessions.


Jacques and Gail Plante representing Plante Farms were admitted to the Council Room at 2:00 p.m. to discuss their concerns with the St. Paul Area Structure Plan.


Their first concern was regarding the process.  They would have appreciated a meeting with Council prior to meeting with the Town so they could have voiced their opinion more freely regarding the whole process and the Planner.


County residents have the largest stake in the Area Structure Plan but the Town of St. Paul hired the planner.  They are concerned that he is not and will not be neutral.  They want to make sure that County Council is paying attention through this whole process.


Mrs. Plante also asked when the County stakeholders will have more input in the planning process?  They feel there needs to be more transparency and want to see the plan before it is finalized.


They then requested clarification on what the responsibility of County Council will be regarding development of land in the IDP?  Whose responsibility is it to ensure development of land in the IDP is done properly.  As they are not involved in the planning process, they want to know how the County will address errors made in the development of land in the ASP or the surrounding area.  Mr. & Mrs. Plante also requested to be at the tabled when the ASP is being drafted, however after discussing their request with Council, they were satisfied to leave it with Administration to bring their concerns forward.


Jacques and Gail Plante left the Council Room at 2:35 p.m.

Harvey Aarbo, Aaron Aarbo, Loree & Rob Reynolds were admitted to the Council Room at 2:35 p.m.  Mr. Aarbo advised Council that he respects Council and did not come to criticize, he wants to provide input to Council.


Mr. Aarbo referred to the St. Paul Journal which stated that the County discussed purchasing a septic truck.  He does not believe that the County should compete with the private business using public dollars.


He feels that the County should look into privatizing weed inspections as it is becoming a serious issue and there is no accountability from one year to the next.  If the County wants to get control of the noxious weeds in the County, they have to step up their procedures.


He feels the three layers of taxation for gravel pit reclamation is excessive.


Honorarium & Wages - Mr. Aarbo suggested that instead of increasing wages, Council should be decreasing taxes.


The delegation left the Council Room at 3:20 p.m.

  • Resolution #CM20150210.1005

    Motion to approve the following land leases for renewal for 2015, as per section 61 of the M.G.A.:

    SW 18-56-3-W4Lanni Bristow
    NW 31-55-4-W4Larry Bazian
    PNE 8-56-4-W4Canadian Sunday School Mission
    SE 20-56-7-W4Banana Hill Farms
    PNW 27-57-8-W4Jean Fontaine
    NE 2-62-12-W4Allan & Shirley Tkachyk
    NE 4-62-12-W4William & Edward Zapisocki
  • Resolution #CM20150210.1006

    Motion to enter into a twenty-five year lease with the Heinsburg Community Club for PNW 22-55-4-W4, Railway 55, Plan 1700EO commencing January 1, 2015.

  • Resolution #CM20150210.1007

    Motion to appoint Reeve Upham to the Northern Alberta Mayors and Reeves Committee and to pay the $300 annual membership fee.

  • Resolution #CM20150210.1008

    Motion to authorize Reeve Steve Upham and Councillor Dwight Dach to attend the Economic Developers Association Conference from April 8 - 10, 2015 in Kananaskis.

  • Resolution #CM20150210.1009

    Motion to ratify the letter of support for the Mallaig & District Ag Society for their CFEP grant application for funding for a new playground.



  • Resolution #CM20150210.1010

    Motion to ratify the letter to Alberta Health Services expressing the County's concern with their decision to review whether or not they will continue to provide direct delivery service to the St. Paul area.

  • Resolution #CM20150210.1011

    Motion to approve a $1,000 Transportation grant for the St. Paul Senior Citizens Club.

  • Resolution #CM20150210.1012

    Motion to donate two nights of camping at the Westcove Municipal Campground, for the 2015 camping season, to the St. Paul Gymnastic Club's for their annual fundraiser.

  • Resolution #CM20150210.1013

    Motion to donate a silent auction item to the Stry 75th Anniversary Hall for their fundraiser on February 21 to raise funds to repair the roof of their building.

  • Resolution #CM20150210.1014

    Motion to file the letter from Portage College requesting sponsorship for their Food Sciences Spring Gala.

  • Resolution #CM20150210.1015

    Motion to give first reading to Bylaw No. 2015-02, which is a Well Drilling and Equipment Tax Bylaw.

  • Resolution #CM20150210.1016

    Motion to give second reading to Bylaw No. 2015-02.

  • Resolution #CM20150210.1017

    Motion to present Bylaw No. 2015-02 at this meeting for third and final reading.

    Carried Unamimously
  • Resolution #CM20150210.1018

    Motion to give third reading to Bylaw No. 2015-02.



  • Resolution #CM20150210.1019

    Motion to appoint Reeve S. Upham and CAO Sheila Kitz to the Regional Funding Opportunities Committee for discussions pertaining to the ID 349 Agreement only.


    Councillor F. Sloan requested a recorded vote.

  • Resolution #CM20150210.1022

    Motion to appoint the Chairman and Vice-Chairman of the ASB Committee to meet with the St. Paul Ag Society, St. Paul Fire Department and Ian Fox to determine the feasibility of purchasing an emergency livestock trailer to transport animals from accident scenes and whether or not it should proceed to the budget process.

  • Resolution #CM20150210.1023

    Motion to approve the Mutual Fire Aid Agreement with the County of Vermilion River effective January 1, 2015.

  • Resolution #CM20150210.1024

    Motion that the Ashmont Fire Department be authorized to send the old SCBAs, helmets and bunker gear to Firefighters Without Borders.

  • Resolution #CM20150210.1025

    Motion to purchase the 15' Rotary Cutter Rev Series 1500 Degelman mower for $30,729.97 from Agland and advertise the old mower for sale.



  • Resolution #CM20150210.1026

    Motion to authorize the Friends of Lac Bellevue to access the parking area through the gate by the County dumpsters on NE 32-55-9-W4 for the Bellevue Blast obstacle race on July 18, 2015, providing they have the appropriate liability insurance.

  • Resolution #CM20150210.1029

    Motion to approve the following easements for road construction purposes:

    West of 1-58-8-W4, Project 3C152, 1.5 Miles
    PNE 35-57-8-W4Doninique & Monique Pelchat
    PNE 35-57-8-W4Jean Pelchat
    PSW 36-57-8-W4Matthew & Sabrina Robinson
    PSW 36-57-8-W4Eldon & Bonnie Kryzanowski
    NW 36-57-8-W4Pat & Denise Robinson
    PSW 1-58-8-W4Gisele Robinson
    PSW 1-58-8-W4Pat & Denise Robinson
    PNW 1-58-8-W41370088 AB Ltd.; 1370146 AB Ltd.
    S 1/2 NE 2-58-8-W4Richard & Nicole Brousseau
    N 1/2 NE 2-58-8-W4Chad & Stephanie Stark
    PSE 2-58-8-W4Yvonne Pelchat
    PSE 2-58-8-W4Gerard & Simonne Mahe


    West of 34-56-7-W4, Project 2C151, 1.5 Miles
    SE 33-56-7-W4Emjay Enterprises Inc.
    NE 33-56-7-W4Ed Croteau
    SW 34-56-7-W4Darcy & Sheana Pankiw
    NW 34-56-7-W4Darcy & Sheana Pankiw
    PSW 3-57-7-W4Darcy & Sheana Pankiw
    PSW 3-57-7-W4Kenneth & Blandine Adkins
    PSE 4-57-7-W4Rocky Pankiw
  • Resolution #CM20150210.1030

    Motion that Public Works department purchase two sea cans to store the National Emergency Stockpile Surplus (NESS) Equipment, which will be available to the region in the case of an emergency.

  • Resolution #CM20150210.1031

    Motion to approve Policy PW-63 as amended as it relates to changes to the County's dust control procedures, as per the recommendations of the Public Works Committee.

  • Resolution #CM20150210.1032

    Motion to deny the request from Jules Berlinguette for the County to purchase the gravel in his pit located on NE 31-58-9-W4.

  • Resolution #CM20150210.1033

    Motion to approve an additional $20,000 expenditure to AMEC for additional testing and work as negotiated by the Public Works Superintendent, in order that AMEC provide the County with one recommendation to fix the Moosehills slide, which will be ready to proceed to tender.

  • Resolution #CM20150210.1034

    Motion to file the letter of appreciation from Beverly and Warren Smith for the excellent service provided by the Public Works Department over the past winter.

  • Resolution #CM20150210.1044

    Motion to go in camera as per sections 17, 21 and 27 of the FOIP Act.  Time:  3:36 p.m.

  • Resolution #CM20150210.1045

    Motion to revert to an open meeting.  Time: 4:17 p.m.

  • Resolution #CM20150210.1046

    Motion to waive any further development permit application fees on the NW 16-57-6-W4.

  • Resolution #CM20150210.1047

    Motion that administration send a letter to the owners of NW 15-57-6-W4 denying any further compensation on their basement footings, based on legal opinion.

  • Resolution #CM20150210.1035

    Motion to provide the St. Paul Fire Department with a letter of support stating that the County of St. Paul will provide up to $75,000 for the Rapid Response Truck.

  • Resolution #CM20150210.1036

    Motion to file the letter from the County Library Board thanking Council for the annual grant they provided.







  • Resolution #CM20150210.1038

    Motion to accept the CAO Report as presented.

  • Resolution #CM20150210.1039

    Motion that administration arrange a meeting with Alberta Transportation during the AAMD&C Spring Convention.

  • Resolution #CM20150210.1040

    Motion to approve all of Council to attend the Federation of Canadian Municipalities (FCM) Conference from June 5-8, 2015, in Edmonton.


Reeve Upham advised that he met with the Capital Regional Water Authority to discuss the agreements that are required to connect to the water line.  He also met with the Hwy 28/63 Committee, who have agreed to sell water to the County.

  • Resolution #CM20150210.1041

    Motion to file the listing of Accounts Payable as circulated:

    BatchCheque DateCheque Nos.Batch Amount
    18254January 7, 201521449 - 21486$100,314.95
    18256January 7, 201521487 - 21507$334,468.02
    18279January 15, 201521508 - 21543$229,893.40
    18280January 15, 201521544 - 21578$618,167.32
    18301January 28, 201521579 - 21660$170,168.75


  • Resolution #CM20150210.1042

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

  • Resolution #CM20150210.1043

    Motion to approve the budget to actual as of December 31, 2014 (preliminary).


Business on the agenda being concluded, Chairman S. Upham adjourned the meeting.  Time:  4:18 p.m.


These minutes approved this 10th day of March, 2015.


________________________           ____________________________

Reeve                                                       Chief Administrative Officer