County of St. Paul No 19

Council Meeting

AGENDA

Meeting #:
Date:	Tuesday, November 19, 2013
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.

Business Arising from Minutes

5.1

Bylaw No. 2013-38 Licence Road Allowance

Allan and Susan Cunningham applied for a licence to occupy the undeveloped road allowance situated between SE 28-57-6-W4 and NE 21-57-6-W4 (Twp Rd 574) for agricultural purposes.  They own the property on both sides of the road.

 

Council gave 1st reading to this Bylaw at the October Council Meeting.

 

The proposed bylaw was advertised in the St. Paul Journal the week of October 22, 2013.  We have not received any opposition to the proposed licence agreement.

 

6.

Delegation

6.1

10:30 a.m. - Public Hearing Bylaw No. 2013-40

At the October Meeting, Council gave first reading to Bylaw No. 2013-40, which is a bylaw to rescind Bylaw No. 2013-01.  This will revert the zoning on PSW 25-57-7-W4 back to Agricultural from Industrial/Commercial. 

 

Bylaw No. 2013-40 was advertised in the Elk Point Review and St. Paul Journal the weeks of November 5 & 12, 2013.

 

Krystle Fedoretz will attend this Public Hearing.

6.2

11:00 a.m. - Public Hearing Bylaw No. 2013-39 - Road Closure Between SE 21 and SW 22-58-11-W4

A Public Hearing has been advertised for 11:00 a.m. to discuss Bylaw No. 2013-39, which is a bylaw to close a statutory road between SE 21 and SW 22-58-11-W4.   The landowners want to consolidate it with a parcel of land which is naturally fragmented by range road 113.

 

After the Public Hearing, the Bylaw must be sent to the Minister of Transportation for approval.

6.3

11:30 a.m. - Chris & Jessica Habiak

Jessica Habiak has an appointment for 11:30 a.m. to speak with Council about the Agreement they received about building a road to their property located at NE 27-56-10-W4 where they want to build a house.  They have provided 2 different options to amend the agreement. 

 

Option 1 - they would like development of the land (power, water, septic, driveway) as the fulfillment criteria instead of the completion of a single detached dwelling.

 

Option 2 - If they fail to comply with the terms of the agreement within 24 months from the construction of the road, they are liable for 100% of the costs of construction of the road.  

 

Krystle Fedoretz will be in the Council Chambers during this delegation.

7.

New Business

7.1

Alberta Sand & Gravel Association AGM - Jan. 15 & 16, 2014

The Alberta Sand & Gravel Association AGM will be held January 15 & 16, 2014 in Edmonton.

7.2

Roadata Services Ltd. Conference - Jan. 23, 2014

Roadata Services Ltd. will be holding their 6th Annual Infrastructure Protection Conference on January 23, 2014 in Red Deer.

7.3

Town & Country Ladies Funspiel

A Town & Country Ladies Funspiel will be held on November 16, 2013 in St. Paul and the organizing committee is requesting a donation for their event. 

 

For the past four years, Council donated $100 towards this event.

 

7.4

St. Paul & Community Family Benefit

The St. Paul & Community Family Benefit will be holding their sixth Annual New Year's Eve Family Benefit Dance and are seeking financial support which can be attained through five different sponsorship levels from Platinum at $1,000 to Honourable Mentions under $50.  The attached letter outlines the various levels of sponsorship.  They are also looking for donations for silent auction items, door prizes or volunteer help.  

 

In 2012 the County donated a silent auction item for this benefit dance.

7.5

Request for Sponsorship for Provincial Championship

Mallaig School and Regional High School are requesting sponsorship to attend the Provincial Cross Country Championship which was held October 19th in Drayton Valley.

 

7.6

St. Paul & District Chamber of Commerce - Request for Funding

The St. Paul & District Chamber of Commerce is requesting funding in the amount or $5,000 to attend the Alberta Chambers of Commerce AGM and Policy session, to host a small business awards gala and potentially an Agribusiness Trade Show. 

 

In 2012, Council approved  $5,000 grant for the St. Paul Chamber.

7.7

Allocation of Recreational Facilities Grants for Community Halls

The proposed breakdown for the allocation of the 2012 Recreational Facilities Grants is attached.  The grant amounts are the same as they have been in the past. 

7.8

Sale of Laptops

Alphose Corbiere has expressed interest in purchasing the laptop he used while he was a Councillor. 

 

We would also need to know if any other Councillor is interested in purchase their old laptop. 

7.9

Bylaw No. 2013-44 - Cemetery Bylaw

At the Organizational Meeting, Council members were appointed to the Cemetery Committee for a four year term at the request of administration.  Administration requested that it be changed to a four year term because there are not many meetings held throughout the year and it would be difficult to have continuity if members changed annually.   However, section 1 of the Cemetery Bylaw states "members are appointed annually at the organizational meeting". 

 

Section 1 of the Cemetery Bylaw has been amended to read "Members of the Cemetery Committee shall be appointed to the Board for a four year term, at the organizational meeting following the election."   We now need to approve the new bylaw.

7.10

Bylaw No. 2013-43 - Subdivision and Development Appeal Board

At the Organizational Meeting, Council members were appointed to the Subdivision and Development Appeal Board for a four year term at the request of administration, again for continuity.

 

Section 3.2 of the SDAB Bylaw states that "The Subdivision and Development Appeal board shall consist of seven (7) members appointed for a three year term by resolution of Council", therefore we need to amend the bylaw to reflect the appointment for a four year term. 

 

Item 3.2 of the SDAB Bylaw has also been amended to state that the board shall consist of 7 members and an alternate and that three members and an alternate shall be appointed from Council.  Previously the bylaw referred to 7 members only.  It did not state anything about the alternate. 

7.11

Appointment of Board Members at Large

Attached is the list of board members who are currently appointed to the FCSS, Library and Subdivision and Development Appeal Boards. 

 

As per Part 1, Section 4 of the Libraries Act not more than 2 members of Council may be members of the Municipal Board and a member of the municipal board is eligible to be reappointed for only 2 additional consecutive terms of office, unless at least 2/3 of the whole council passes a resolution stating that the member may be reappointed as a member for more than 3 consecutive terms.  Also, appointments to the municipal board shall be for a term of up to 3 years.

 

FCSS Bylaw No. 1560 states that four (4) Board Members at large shall be appointed by County Council for a three (3) year term.  Janice will be amending her bylaw to change it to a four (4) year term. 

7.12

Committee Member for Elk Point Regional Allied Arts

At the Organizational meeting, the Elk Point Regional Allied Arts Committee was inadvertently missed.  Councillor Dach was appointed to this committee in November, 2012. 

7.13

Regional Collaboration Grant - Eastern Alberta Trade Corridor

Alberta HUB, along with the Town of Hanna are moving forward on behalf of the Eastern Alberta Trade Corridor (EATC) with an application for a Regional Collaboration Grant in the amount of $249,000.  The scope of the project covers four main activities for the EATC:

1)  Regional marketing Plan

2)  Multi Level Map/Data Maintenance Plan for Website

3)  Regional Data Collection

4)  REDA-EATC Mapping Integration/Project Management

 

In order to proceed with the project they require a partner and they are requesting if the County of St. Paul would be their partner.  If Council agrees to partner, there will be no cost to the County.  The Town of Hanna has agreed to be the lead on the grant.  

7.14

Crime at Laurier Lake

Attached is an e-mail from a lot owner at Laurier who has had his cottage broken into three times in the last three years.  He also indicated that recently more properties around the lake were broken into and he would like to know what the County is doing to deal with the situation.  I have been in contact with the RCMP Staff Sergeant from Elk Point and following that conversation drafted a letter to the lot owners at Laurier Lake suggesting that we set up a meeting in the spring.  I would like Council to review the letter which is attached, and provide feedback before it goes out to the lot owners.

7.15

Lakelander's Trailer Club

In April, Council made a motion to authorize the Lakelander's Trailer Club to build a road to their lease property from Township Road 604 north along the east side of the SW 29-60-10-W4 and then west along the north side of SW 29-60-11-W4 to connect to their existing road.

 

When they were planning the construction of the road they discovered that there was a pond/swamp area at the northern most corner. It was the suggestion of the surveyor that they follow the edge of the pond/swamp and join up with their road. They went as far north as they could without disturbing the pond/swamp.  If they had built the road as originally planned, they would have had to apply for permits which would have delayed the project considerably and the road would probably not have been completed again this year.

7.16

Paving of Subdivision Plan 0728357

At the May 28, 2013 Public Works Meeting, Council discussed a verbal request from Dwayne Ternovoy to pave his subdivision (Plan 0728357) at the same time as the County had their subdivisions paved.   At that time, Mr. Ternovoy was informed that the reason his internal subdivision road was not being considered for pavement was due to the fact that only 4 lots were subdivided and registered.  Council agreed to include Plan 0728357 in the paving project, providing Mr. Ternovoy agreed to reimburse the County the cost of paving his subdivision.  As he verbally agreed to reimburse the County, the paving of his internal road was completed.

 

The developer has been invoiced for paving his subdivision and is now requesting that Council waive the invoice in the amount of $58,033.07, which includes the paving costs and penalties, as his development agreement (July, 2007) does not state that he must pave his subdivision.  A copy of the map for his subdivision is attached.  His development agreement pertains to the 4 highlighted lots only, the proposed lots were not approved or registered.  Since Mr. Ternovoy only subdivided and registered 4 lots, he would not have been required to oil the internal subdivision road.  If he were to register any more lots as per his proposal, he would be required to pave the internal road - as per Council's resolution made October 2013. 

 

If the invoice remains unpaid after 90 days, then his name will be added to the suspension of County Services list. 

7.17

Road Construction Easements

Easements for road construction purposes.  Backsloping and County to fence or pay compensation for fencing.  

All are standards easements.

Twp Rd 583, N of 14-58-8-W4, 1/2 Mile
NE 14-58-8-W4	Lyle & Lillian Elliot
PNE 14-58-8-W4	Cody & Jennifer Kurek
PNW 14-58-8-W4	Justin Corbiere
PSW 14-58-8-W4	Cody & Jennifer Kurek
SE 23-58-8-W4	Gerald & Eileen Dutkiewicz

 

7.18

Road Cancellation - Road Plan 4085NY in NE 11-57-9-W4

Road Plan 4085NY in NE 11-57-9-W4 is being presented to Council for cancellation as a new road was built many years ago and the landowners at the time would not agree to this road plan being cancelled.  The new landowners are in agreement to cancel this road plan and also agree with it being added to the subdivision.  The owner of the subdivision requires the road allowance in order to have adequate setbacks to construct a shop.

 

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.

7.19

Bylaw No. 2013-09 - Road Closure

A Public Hearing was held in May to discuss Bylaw No. 2013-09, which is a bylaw to close to public travel and create title to a portion of public lane lying within Block 3, Plan 1005EO.  This lane is in the midst of the lots owned by St. Arnault Lumber and they want to purchase it at market value and consolidated it with their lots at no cost to the County. 

 

There was no opposition at the Public Hearing and the Bylaw has now been signed by the Minister of Transportation. 

7.20

Bylaw No. 2013-45 - Amend LUB - Rezone PSW 25-57-7-W4

This agenda item refers to the same property as the 10:30 public hearing, where the zoning of the property was reverted back to Agricultural as the original proposal was not large enough to build a shop.  The landowner is now requesting to rezone a square piece of property to Industrial/Commercial which will give him adequate room to build a shop.   

 

Bylaw No. 2013-45 is being presented to Council to amend Land Use Bylaw No. 2013-11 as it relates to rezoning PSW 25-57-7-W4 from Agricultural to Industrial/Commercial.  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 also be notified of the proposed rezoning.

7.21

Lease NE 2-62-12-W4

The deadline passed for the lessee to construct the fence on NE 2-62-12-W4 as per the lease agreement, and the fencing has not been completed.  Following the September Council meeting, administration sent a letter to the lessee stating that because they did not comply with the conditions in the lease regarding fencing, the lease would be cancelled effective October 15, 2013.  The lessee advised administration that he already had some brushing done on the lease land and would like Council to reconsider their decision to terminate the lease or compensate him for the work.  The letter requesting compensation is attached.  Dennis checked on the brushing and took pictures where the fenceline was brushed.  As you can see in the attached pictures, the brushing does not appear to be new brushing. 

 

The lease has been ready for the new lessee to sign, however after receiving the request for compensation administration decided not to proceed with having the new lessee sign it.  We are looking for direction from Council on the request for compensation before we proceed with the new lease. 

7.22

December Public Works Meeting

The date of the regular scheduled Public Works Meeting falls on December 24th. 

 

Section 193(3) of the M.G.A. states that Council may change the date of a regularly schedule meeting as long as they provide 24 hours notice to any Councillors not present at the meeting at which the change was made and to the public.

 

7.23

Christmas Hours

Further to Policy Per-30, Statutory and Other Declared Holidays, December 25th to 27th have been designated as Christmas holidays for 2013.  The office will also be closed on January 1.

7.24

In Camera Items

Items to be presented at the meeting.

7.25

Northern Lights Library System - Levy Increase

7.26

Appoint Member for St. Paul Library Board

7.27

FCM - Sustainable Communities Conference & Trade Show

7.28

Request to Name Stark Road

7.29

Funding Request - St. Paul Curling Club

7.30

Funding Request for Elk Point Sr. Handi Bus

7.31

Elk Point Recreation Grants

7.32

2017 Municipal Election

7.33

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7.34

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8.

Correspondence

9.

Reports

9.1

CAO Report

9.2

Reports

10.

Upcoming Meetings

10.1

Nov. 21 @ 10:00 - Council Orientation with Lois Byers

10.2

Nov. 26 @ 10:00 a.m. - Public Works

10.3

Dec. 2 @ 9:00 a.m. - Strategic Planning

10.4

Nov. 9 @ 9:00 a.m. - Strategic Planning

11.

Financial

11.1

Council Fees

11.2

Listing of Accounts Payable

11.3

Budget to Actual

12.

Adjournment