County of St. Paul No 19

Council Meeting


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

The 591st meeting of the Council of the County of St. Paul No. 19 was called to order by Reeve Steve Upham at 10:08 a.m. at the County Office in St. Paul, there being present the following:

Reeve Steve Upham  
Councillor Glen Ockerman Division 1
Councillor Dwight Dach Division 2
Councillor Cliff Martin Division 3
Councillor Maxine Fodness Division 4
Councillor Frank Sloan Division 5
Councillor Alphonse Corbiere Division 6
Sheila Kitz CAO
Tim Mahdiuk Assistant CAO
Phyllis Corbiere Executive Assistant
Leo deMoissac Public Works Superintendent
Shauna Burke St. Paul Journal
Tim Bannan St. Paul Journal
3 Members of the Public  
  • Resolution #CM20110308.1001

    Motion to approve the minutes for the Regular Council Meeting of February 8, 2011 as amended:

    Resolution #CM20110208.1033 - Tuesday Friday, March 18, 2011 at 10:00 a.m.  

  • Resolution #CM20110308.1017

    Motion to adopt the Bank Reconciliation for the month of February, 2011. 


The following additions were made to the agenda:

New Business:

   7.24  Melnychuk Road

   7.25  Annual Great Strides Walk for Cystic Fybrosis

   7.26  Alberta Capital Finance Authority - ACFA - Appoint Designate



   9.1  CAO Report

  • Resolution #CM20110308.1002

    To adopt the agenda for the Regular Meeting of Council for March 8, 2011 with the above noted additions.

  • Resolution #CM20110308.1003

    Motion to authorize Reeve Upham and Councillor Dach to attend the FCM Conference from June 2 to 6, 2011 in Halifax.

  • Resolution #CM20110308.1004

    Council discussed the proposed agreement with Roadata for the new permit issuing system knows as TRAVIS MJ.   Roadata would be the agent looking after the permits at no cost to the County and would also field requests for permits.

    Motion to table the agreement with Roadata for more information.  

  • Resolution #CM20110308.1005

    Motion to approve the Joint Fire Services Agreement as per the recommendations of the St. Paul Fire Committee

  • Resolution #CM20110308.1006

    Motion to table the St. Paul Town and County Fire Services Agreement for additional information on monitoring and data collection.


Robert Tomlinson was admitted to the Council Room at 10:31 a.m. to present a list of concerns he has regarding the destruction of documents, retirement of Mr. Bergheim, buring permits, unanswered concerns, level 4 transfer stations, bin sites notification and the Foisy Community Waste Facility.  After Mr. Tomlinson presented his concerns to Council he requested that Council address them and that his letter be filed with the minutes as part of the public record.

At 10:40 a.m., Mr. Tomlinson returned to the gallery as an observer.

  • Resolution #CM20110308.1009

    Motion to include Mr. Tomlinson's presentation with these minutes as part of the public record.


Dave Trew, Executive Director of the North Saskatchewan Watershed Alliance was admitted to the Council Room at 11:00 a.m. to give a presentation on the Development of an Integrated Watershed Management Plan for the North Saskatchewan River Watershed in Alberta.  Mr. Trew then requested that Council review the companion workbook and provide advice and feedback. 

S/Sgt Bob Batchelor, Inspector Brian Sutherland, Superintendent Dave Mitchell and S/Sgt. Brian Quist were admitted to the Council Room for their annual visit.  The main discussion centered around policing at the lakes and the importance of the RCMP presence in these areas.


The Public Hearing was called to order by Reeve, Steve Upham on Tuesday, March 8, 2011 at 1:14 p.m. at the County Office in St. Paul to discuss Bylaw No. 1564.


The following Council members were present:  Reeve S. Upham, Councillor G. Ockerman, Councillor D. Dach, Deputy Reeve C. Martin, Councillor M. Fodness, Councillor F. Sloan and Councillor A. Corbiere.


Krystle Fodoretz, Planning and Development Officer, informed Council that the purpose of Bylaw No. 1564 is to authorize a lease for Lot 28ER, Block 2, Plan 8023220.


Randy Scott, nephew of the current lessee, requested clarification on the bylaw as it pertains to motorized vehicles, as the Scott family currently parks RVs on the property.  Mr. Scott then informed Council that the only thing they have done on the property is cut the grass.


Krystle Fedoretz read a letter from Janet and Gordon Scott, Lessees, speaking in favor of the Bylaw.  Mr. and Mrs. Scott are requesting that Council allow them to continue using the property as they have in the past and continue to park their RV on the property.   Mr. & Mrs. Scott's letter is attached to and forms part of these minutes.


Jack Dickson spoke on behalf of the Ashmont Beach Co. Ltd, who was the owner of the property in question in 1959.  Mr. Dickson stated that he has no objection to Gordon Scott leasing the property, but he is opposed to allowing the property to be used for anything other than what an Environmental Reserve is intended for.  Mr. Dickson's presentation is attached to and forms part of these minutes.


Tammi Boggis, adjacent landowner, spoke against the proposed Bylaw and requested clarification on who will carry the liability insurance on the property if the Scott family continues to lease it.  Mrs. Boggis informed Council that she purchased her property because it was adjacent to an Environmental Reserve which is intended to remain in its natural state.


Susan Clennell read a letter in opposition to the Bylaw authorizing Mr. & Mrs. Scott to lease the Environmental Reserve.  Mrs. Clennell stated that leasing the environmental reserve will set a precedent for other environmental reserve properties within the County.  Mrs. Clennell feels that it should be left in the state that it was intended for.  Ms. Clennell's submission is attached to and forms part of these minutes.


Leo Matthieson spoke against Bylaw No. 1564, which would authorize a lease for the property in question.  He requested why and when the environmental reserve property became available to lease.  He feels that if Council agrees to lease this property to the Scotts, it could open the door for a number of other situations throughout the County.  Mr. Matthiessen would like to see more information about the environmental reserves, their purpose and what activity is allowed on them.  Mr. Matthiessen's letter is attached to and forms part of these minutes.

Councillor F. Sloan left the meeting at 2:16 p.m.

  • Resolution #CM20110308.1018

    Motion to recess the Council Meeting and proceed to the Public Hearing.

  • Resolution #CM20110308.1019

    Motion to adjourn the Public Hearing.

    Time:  2:14 p.m.

  • Resolution #CM20110308.1020

    Motion to call the meeting back to order.

    Time:  2:15 p.m.

  • Resolution #CM20110308.1007

    Motion to approve a $1,000 transportation grant for the M.D. of St. Paul Foundation for 2011. 

  • Resolution #CM20110308.1008

    Motion to ratify a $500 grant for the Mallaig Midgets and for the St. Paul Pee Wee A Canadiens to help offset the costs of attending Provincial Hockey Tournaments, as per policy ADM-51.

  • Resolution #CM20110308.1010

    Motion to support the St. Paul District 4-H by providing a beef on a bun supper for the Annual Show and Sale on June 6, 2011.

  • Resolution #CM20110308.1011

    Motion to sponsor two teams for the 10th Annual Pyrogy Bonspiel on March 19, 2011 in Glendon at $60 per team.

  • Resolution #CM20110308.1012

    Motion to sponsor 1 team of 5 at $80 per golfer and make a cash donation of $500 to become a Silver sponsor for the 2011 Emergency Services Golf Tournament on June 2, 2011.

  • Resolution #CM20110308.1013

    Motion to ratify Tim Mahdiuk's attendance at a Jubilee Insurance Seminar on March 4, 2011 in Leduc.

  • Resolution #CM20110308.1014

    Motion to approve Crystal St. Arnault , Councillor D. Dach and Councillor M. Fodness to attend a training session on the Model Process for Subdivision Approval and Private Sewage on Wednesday, March 9, 2011 in Kitscoty.

  • Resolution #CM20110308.1015

    Motion to approve Danny Weinmeier to attend the Alberta Water and Wastewater Operators Training Seminar from March 14 to 18, 2011 in Banff.

  • Resolution #CM20110308.1016

    Motion that administration set up a meeting with Alberta Transportation during the AAMD&C Spring Convention to discuss the following items:

    • The County will be submitting a Resource Road Grant Application for the Northern Valley Road in 2012
    • Speed Limits in Hamlet of St. Vincent and Ashmont
    • Snow removal on Secondary Highways - winging snow from shoulder of highways
  • Resolution #CM20110308.1021

    Motion to authorize any councillors who wish to take the Negotiation Skills Course on March 21st or the Regional Partnership and Collaboration Course on March 30th offered through the Elected Officials Education Program.

  • Resolution #CM20110308.1022

    Motion to approve Glenn Zayac and Marion Yacyshyn to attend the 2011 Alberta Assessors' Association 51st Annual Conference in Red Deer from April 4-8, 2011.

  • Resolution #CM20110308.1023

    Motion to approve Dennis Bergheim, Krystle Fedoretz, Crystal St. Arnault and any members of Council who so wish, to attend the Community Planning Association of Alberta Conference from April 4 to 6, 2011 in Red Deer.


Councillor F. Sloan entered the meeting at 2:18 p.m. 

  • Resolution #CM20110308.1024

    Motion that the County of St. Paul present Smoky Lake County with a plaque commemorating their 50th Anniversary.

  • Resolution #CM20110308.1025

    Motion to give first reading to Bylaw No. 1567 as it relates to amending Section 2.3 of Land Use Bylaw No. 1486 to include the following:


    (14)  Waste storage sites operated by the County of St. Paul No. 19.  Waste storage sites consist of fencing surrounding waste receptacles.  Waste storage sites may also contain a concrete base for receptacle placement.  Notification of construction must be provided to the Development Authority prior to commencement of construction.


    (15)  The construction of any structure or thing by the County of St. Paul No. 19.  Notification must be provided to the Development Authority prior to the commencement of construction. 

  • Resolution #CM20110308.1026

    Motion to give first reading to Bylaw No. 1568, which is a bylaw to establish a fee schedule for records and data retrieval.

  • Resolution #CM20110308.1027

    Motion to give second reading to Bylaw No. 1568.  

  • Resolution #CM20110308.1028

    Motion to present Bylaw No. 1568 at this meeting for third and final reading.

    Carried Unamimously
  • Resolution #CM20110308.1029

    Motion to give third and final reading to Bylaw No. 1568.

  • Resolution #CM20110308.1030

    Motion to give first reading to Bylaw No. 1569, which is a bylaw to amend the Land Use Bylaw as it relates to rezoning PNE 1-58-10-W4 from Urban Expansion to Country Residential 2.

  • Resolution #CM20110308.1031

    Motion to give first reading to Bylaw No. 1570 which is a bylaw to amend the Land Use Bylaw as it relates to rezoning PSE 17-58-9-W4 from IDP - Urban Reserve to Country Residential.

  • Resolution #CM20110308.1032


    Project 2BF76029, Part of Rge Rd 64 between Twp Rd 560 & 562 - 1/2 Mile

    NE 05-56-6-W4 Calvin Kozicky *
    NE 05-56-6-W4 Calvin Kozicky
    W 1/2 NW 04-56-06-W4 Sheldon Gregory Lovell *
    W 1/2 NW 04-56-06-W4 Sheldon Gregory Lovell *
    Project 2C112, Rge Rd 71 between Twp Rds 560 & 562 - 2 Miles
    West side of NW 01-56-07-W4 Alex Yaceyko
    West side of SW 01-56-07-W4 James, Blair & Shannon Capjack
    East side of NE 02-56-07-W4 Peter Lecopoy & Larry Lecopoy
    East side of SE 02-56-07-W4 Edward & Joanne Bespalko
    East side of SE 11-56-07-W4 Bernard & Mary Zarowny
    West side of PNW 12-56-07-W4 Wilhem & Mary Epp
    West side of NW 12-56-07-W4 Peter & Christine Wellsman
    West side of SW 12-56-07-W4 302016 Alberta Ltd; Rose Short
    Project 2C111, Twp Rd 564 between Rge Rds 73 & 72 - 1 Mile
    NE 22-56-07-W4 Cory D. Greenawalt
    NW 22-56-07-W4 Orest Boyko
    SE 27-56-07-W4 Emjay Enterprises Inc.
    SW 27-56-07-W4 Orest Boyko
    Project 3C112, Rg Rd 82 from Hwy 29 to Twp Td 583 - 1.5 Miles
    NE 10-58-08-W4 Robert Reszel
    NW 11-58-08-W4 Charles Lamontagne
    PSW 14-58-08-W4 Cody & Jennifer Kurek
    PSW 14-58-08-W4 Kelvin & Barbara Sibley
    PSW 14-58-08-W4 Cody & Jennifer Kurek
    NW 14-58-08-W4 Cody & Jennifer Kurek
    PNE 15-58-08-W4 Rick & April Garska
     PSE 15-58-08-W4  Dr. Alois Kainz
    Project 5BF70667, Part Twp Rd 594 between Rge Rds 92 & 93 - 1/2 Mile
    SE 17-58-09-W4 Alan & Patricia Pederson
    NE 22-59-09-W4 Cornelius, Anne & Peter VandenBurg *
    SE 27-59-09-W4 Alan & Patricia Pederson *
    Project 4C111, Twp Rd 584 between Rge Rd 102 & 100 - 2 Miles
    Rge Rd 100 south of Twp Rd 584 - 1/2 Mile
    NW 19-58-09-W4 Noella Gabrieau
    NW 23-58-10-W4 Alcide & Suzanne Hurtubise
    NE 23-58-10-W4 Alcide & Suzanne Hurtubise
    W 1/2 NE 24-58-10-W4 Bryan & Joanne Muchka
    E 1/2 NE 24-58-10-W4 Bryan & Joanne Muchka
    PNW 24-58-10-W4 Denis Devlin
    SE 25-58-10-W4 Dennis Garneau
    PSE 25-58-10-W4 Charles Lafrance
    PSE 25-58-10-W4 David & Erin Golden
    PSE 25-58-10-W4 Dennis Garneau
    SW 25-58-10-W4 Edward & Louise Belland
    SE 26-28-10-W4 Alcide & Suzanne Hurtubise
    SW 26-58-10-W4 Alcide & Suzanne Hurtubise
    Project 6C111, Twp Rd 624 from Rge Rds 104 to 110 - 2.5 Miles
    NE 20-62-10-W4 Fernand & Josee-Anne Elsen
    SE 29-62-10-W4 Wesley Lyttle
    SW 29-62-10-W4 Beaver Valley Grazing Assn.
    NW 29-62-10-W4 Beaver Valley Grazing Assn.
    NW 30-62-10-W4 Beaver Valley Grazing Assn.
    NE 30-62-10-W4 Beaver Valley Grazing Assn.
    SW 31-62-10-W4 Tony & James Dechaine
    SE 31-62-10-W4 Tony & James Dechaine
    Project 6C112, Part of Twp Rd 624 between Rge Rds 110 & 112 - 1 Mile
    NW 23-62-11-W4 George Anderson & Linda Chorney
    NW 24-62-11-W4 Garner Arthur & Carol Gibbs
    SW 25-62-11-W4 Victor Kruesel
    SE 26-62-11-W4 Garner Arthur & Carol Gibbs

    * Indicates Purchase of Land

    Motion to approve the easements for road construction purposes.

  • Resolution #CM20110308.1033

    Motion to establish a new committee - the Ashmont/Mallaig Fire Protection Committee and appoint Councillor A. Corbiere, Councillor F. Sloan and Reeve S. Upham to the Committee.

  • Resolution #CM20110308.1034

    Motion to appoint Councillor C. Martin and Councillor M. Fodness to the St. Paul Joint Fire Protection Committee to correspond with the requirements of the St. Paul Town and County Fire Services Agreement. 

  • Resolution #CM20110308.1035

    That Council approve the transfer of $5,608.00 to a restricted FCSS reserve account at the end of December, 2010 to be used to fund the 2011 FCSS budget.

  • Resolution #CM20110308.1036

    Motion to support the North Saskatchewan Water Shed Alliance's operations for the 2011 calendar year at a rate of $0.50 per capita.

  • Resolution #CM20110308.1037

    Motion to table the request from Honorable Brian Storseth that Council write a letter of concern to the Provincial College of Physicians and Surgeons regarding changing the standards for qualifying South African Doctors, until the committee meets with the College of Physician & Surgeons and Honorable Brian Storseth.

  • Resolution #CM20110308.1038

    Motion to reschedule to March 18 Public Works meeting from 10:00 a.m. to 9:00 a.m. 


Reeve Upham read a letter dated March 7, 2011 from Ernie Melnychuk expressing his opposition to the construction of a road between SW 13-60-12-W4 and NW 12-60-12-W4. 

  • Resolution #CM20110308.1039

    Motion to file the letter as information.

  • Resolution #CM20110308.1040

    Motion that administration send a letter to Mr. Melnychuk advising him that the proposed road construction between SW 13-60-12-W4 and NW 12-60-12-W4 is in the County's 3 year strategic plan and also advising him of the process of approving road construction and obtaining the necessary easements.

  • Resolution #CM20110308.1041

    Motion by Councillor G. Ockerman to approve a donation of $1,500 for the Cystic Fibrosis Walk.

    Councillor C. Martin made a friendly amendment to amend the motion to a donation of $1,000.

  • Resolution #CM20110308.1042

    Motion "That George Huybregts, or designee, be appointed to represent and vote the shares of the County of St. Paul at the Annual General Meeting of the Alberta Capital Finance Authority to be held on April 7, 2011 in Edmonton".


The meeting recessed for lunch and reconvened at 1:10 p.m. with all members present,

Councillor A. Corbiere left the meeting at 3:34 p.m. 

  • Resolution #CM20110308.1046

    Motion that the Budget meeting scheduled for March 10, 2011 at 10:00 a.m. be held in camera, as per the FOIP Act.


Attached is the letter read aloud to Council by Mr. Tomlinson: (See resolution CM20110308.1009) 


These are Items I feel Council must  be aware of and,

I believe once Council is aware of the legitimate issues they will make the necessary adjustments.  Topics of grave concern are.                                                                             

  • Destruction of documents
  • Retirement of Mr. Bergheim
  • Burning permits
  • Unanswered concerns
  • Level 4 transfer stations
  • Bin sites    Notification
  • Foisy  Community Waste Facility

The legitimate concerns I will be raising all have paper work if,  Council feels they need to review, In saying that the information is all within the County system. 

  •  Destruction of documents,

I spoke with Councilor Fodness in regards to this problem. I expressed my concerns and wanted a brief explanation as to how this came to be. I also requested Administration staff for their explanation and if they could restore the file. To date no reply.  Why? 

  • Retirement of Mr. Bergheim; his retirement in August for one day as a County employee was for what reason? I do understand he was re-appointed at his current position. The motion states position/one. Since his retirement he has acquired these positions;
  • Director of Environmental and Emergency Services
  • Planning and  Development manager.
  • Subdivision Authority:   As planning and development manager that makes him, his own boss.  How does that make him accountable?
  • Director of Agriculture.
  • Agriculture Fieldman:   This again makes him his own boss.  Another part of this concern how did Mr. Bergheim become Agi Fieldman, he retired !
  • Weed inspector   With this appointed position by Council comes countless hours in the fields inspecting weeds.  Generally this position is filled with a summer student.  Council appointed Mr. Bergheim as weed inspector, my question to Council is the Director of Agriculture going to ask the Agi. Fieldman to hire someone to be weed inspector? This is an appointed position by Council to Mr. Bergheim,and one would think he would fulfill his obligations.
  • Pest Control Officer;  again comes with countless hours in the field, a concern I have is with beaver and beaver dam control. Is the pest control officer  trained with explosives. Did council appoint someone qualified and is the task performed by the pest control officer?  With that said, how are the explosives stored?
  • Technical Advisor for both the Town of Elk Point protection committee and Area Fire Protection Management Committee:
  • Economic Development Planing Manager:  I can only imagine what that means., Could Mr Bergheim be the one Council and the CAO turns to for economic advise.
  • Evergreen Regional Landfill Manager; Which includes all Classes of landfills, compost facilities and transfer station within both the County of Smoky Lake ,it's Villages,Town of Smoky Lake, Town of St.Paul, the County of St Paul and it's Villages.  
  • County Waste Authority of the past/ present.
  • Fire Guardian
  • A current concern is the ad in the news paper for burning at local transfer stations/regional landfill under the care of both the Landfill Manager and the Fire Guardian. Did the Landfill Manager ask the Fire Guardian for the burning permit? The ad concerns me in many ways first the Standards for Landfills in Alberta 4.7 (b)  At least 7 days prior to  the date of burning the person responsible for the landfill shall notify all of the following: (i) the local authorities;  (ii) all adjacent land owners;and (iii) the local department. Mr. Bergheim aught to be aware of the Landfill Standards, he should also be aware of what's required as fire guardian. The key concern is this a conflict of interest?  I do not believe it is right to have a burning notice in the local paper that's for yearly coverage.It would be nice to have comfort in asking the County's Director of Environmental Services point of view in this case.Council should conciliate with this person for clarification.
  •  The land location for the regional landfill is incorrect in the news paper as well. County residences are aware of the importance of there legal land location. That was made very clear by County Staff with the Elective Reeve petition. It was important for the petition and should be as important for the County Fire Guardian to get it right.
  • With Mr. Bergheim's retirement it's not hard to see an issue or two. How did Council come to agree to Mr. Bergheims current positions.
  • With all that has been said there are still outstanding concerns.  At an Oct. Council meeting the concerns of the local Community Waste Facility is still out standing, the item of concern is 5 (e) of that meeting. The community waste facilities have no notifications filed with AENV which has been identified by AENV as a requirement. This has been a hard fought battle for myself for no reason,  at the end of the day AENV has stated to both Ms. Kitz and myself on  October 29, 2010 what's required and when.  The e-mail states - As a general policy ,only sites which have been issued a Development Permit requires a notification filed with Alberta Environment. On Dec. 23  AENV clarified the Notification requirements once again and this was also sent to Ms. kitz. Again this concern remains outstanding,  Development permits have been issued for this sites. So why is their no Notification?
  • Level 4 Transfer station.  An agreement the Minister of Environment and Evergreen that grant funds obtain were to construct Level 4 transfer stations. Have the Level 4 transfer stations been constructed and where?  It is also known the bids for the transfer stations came in as what was described as project over cost, so the County constructed the transfer station for a said cost of 330,000 reported by Mr. Bergheim at a Lac La Biche meeting last week. My question is, what was the value of those bids and can Council provide them?
  • A concern I have with future cost of waste disposal for the County. When will it be to costly for us to haul to Evergreen?  The cost should be assessed in dollars and cents and environmental cost as well. I fell strongly the Annual Reports must be understood by Council and I would like council to commit to this request.
  • I would like Council to address these concerns in due coarse and include this document with the minutes of todays meeting.

Rob Tomlison   




  • Resolution #CM20110308.1043

    Motion to file the letter thanking Council for their donation to the St. Paul Junior Curling Bonspiel as information. 



  • Resolution #CM20110308.1044

    Sheila reviewed her Report with Council.   Motion to approve the report as presented.

  • Resolution #CM20110308.1045

    Motion to appoint Councillor G. Ockerman to the sub-committee of the Heavy Oil Committee that will be meeting with the MLAs. 




Upcoming Meetings

- ATCO Electric Transmission Projects in Central East Alberta - March 16 at 4:00 p.m.

- Public Works - March 18 at 9:00 a.m.

- AAMD&C Spring Convention - March 21 to 23, 2011

- AEMA Council - March 24 at 10:00 a.m. 

Councillor A. Cobiere entered the meeting at 3:38 p.m.

  • Resolution #CM20110308.1047

    Motion to approve the Council Fees for the Month of February, 2011.


Budget to actual for the period ending December 31, 2010 was presented to Council.

The following lists of Accounts Payable for the month of February, 2011 were presented to Council:

Batch Cheque Nos. Batch Amount 
14998 11669-11730 $145,568.49
15025 11731-11796 $304,410.83
15045 11797-11833 $259,656.42

Business on the agenda being concluded, Chairman S. Upham adjourned the meeting.  Time:  3:41 p.m.


These minutes approved this 12th day of April, 2011. 


(Original Signed by Reeve S. Upham)                         (Original Signed by CAO S. Kitz)

________________________           ____________________________

Reeve                                                       Chief Administrative Officer