County of St. Paul No 19

Council Meeting

AGENDA

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

At the November meeting, Council tabled a decision on re-installing the fence posts at the Paziuk subdivision for an opinion on the County's insurance liability if a gate is installed and a legal opinion about entering into an agreement with residents.  This is the legal opinion we received:

 

There are two problems with gating the reserve property.

 

The reserve is public property, and while the County could fence it if there was a safety issue, keeping all the public off the land, it is questionable whether the county has the authority to gate the reserve if that would result in precluding access to members of the public, except for the small number of the public who have a key for access.  If the gate precludes access except for those who have keys,  putting posts up so that motorized access is not possible, as you have previously done,  would likely be acceptable as the public could still get access by foot. 

 

If the County can rearrange the posts so that a golf cart, but not a vehicle, can pass through, that would accommodate the disabled access.

 

The other issue is liability.  This concern would arise if the County did put up the gate to prevent any access except those who have keys, or if the posts create a situation of danger to a user who is not familiar with the area.

 

The County has exposure to occupiers liability by reason of owing the reserve.  If a gate is placed across what would commonly be seen as an access to the lake, it would have to be well signed to provide notice to potential users of the poles/gate, and attempt to minimize the potential for someone being injured from an unexpected obstacle.  

At the November Meeting, Council gave 1st reading to Bylaw No. 1612, which is a bylaw to Amend the Land Use Bylaw No. 1486 as it relates to rezoning Lot A, Plan 8021350 in SW 27-58-9-W4 from Agricultural to Country Residential (2).

 

Bylaw No. 1612 was advertised in the St. Paul Journal the weeks of November 27th and December 4th and the adjacent landowners were notified.

 

Krystle Fedoretz will attend this Public Hearing.

At the November Meeting, Council gave 1st reading to Bylaw No. 1613, which is a bylaw to Amend the St. Paul IDP as it relates to rezoning the S 1/2 SE 15-58-9-W4 from Urban Reserve to Country Residential.

 

Bylaw No. 1613 was advertised in the St. Paul Journal the weeks of November 27th and December 4th, the adjacent landowners were notified and the Town of St. Paul was notified.

 

Krystle Fedoretz will attend this Public Hearing.

At the November Meeting, Council gave 1st reading to Bylaw No. 1614, which is a bylaw to Amend the Land Use Bylaw 1486 as it relates to rezoning the S 1/2 SE 15-58-9-W4 from Urban Expansion to Country Residential (2).

 

Bylaw No. 1614 was advertised in the St. Paul Journal the weeks of November 27th and December 4th and the adjacent landowners were notified.

 

Krystle Fedoretz will attend this Public Hearing.

At the November Meeting, Council gave 1st reading to Bylaw No. 1615, which is a bylaw to Amend the St. Paul IDP No. 1563 as it relates to rezoning Lot 2, Block 1, Plan 1024942 in SE 17-58-9-W4 from Urban Reserve to Country Residential.

 

Bylaw No. 1615 was advertised in the St. Paul Journal the weeks of November 27th and December 4th, the adjacent landowners were notified and the Town of St. Paul was notified.

 

Krystle Fedoretz will attend this Public Hearing.

The regular scheduled date for the January Council meeting is January 8th, however we would like to schedule a meeting with the gravel pit owners and set a date for salary negotiations prior to the next Council meeting, which does not give us a whole lot of time.

 

Section 193(3) of the Municipal Government Act allows a council to change the date of a regularly scheduled meeting, providing the municipality gives at least 24 hours notice of the change to any Councillors not present at the meeting and to the public.

 

 

The regular scheduled date for the January Public Works meeting conflicts with the ASB Provincial Conference.

 

Section 193(3) of the Municipal Government Act allows a council to change the date of a regularly scheduled meeting, providing the municipality gives at least 24 hours notice of the change to any Councillors not present at the meeting and to the public.

We require a motion from Council to set the date for the Salary Negotiations prior to the January 15th Council Meeting. 

Councillor D. Dach took the EOEP Municipal Leadership course oline.  Registration for the course was $250.

Economic Developers of Alberta and Two Hills Regional Economic Development held a course on December 3rd for elected officials to provide a basic understanding of marketing and branding principles as they apply to community economic development.  The registration for the course was $150.

The Mallaig Legion received 30 yards of gravel for their parking lot this summer and was charged for it.  Policy PW-59 states that gravel for maintenance at community halls will be provided at no cost, but larger quantities will be brought to Council for consideration.

We have received the following requests for sponsorship to attend Provincial tournaments:

- St. Paul Regional High - Sr. Girls Volleyball in Camrose from November 22 to 24

                                            - Sr. Boys Volleyball in Whitecourt from November 22 to 24

- Mallaig School - Provincial Cross Country in Red Deer on October 20

                              - Sr. Boys Volleyball in Vermilion from November 22 to 24

The Boscombe Community Centre is requesting promotional items to distribute at various events held throughout the year.  An example of how they would use the items is during the winter (Nov. to March) they hold 2 crib nights each month and would like to give door prizes at these tournaments.  This would mean about 7 door prizes for the remaining 3 months.

 

Policy Per-14, Donations and Promotional Items is attached.

We have received a request from Ruth Snyder, President of the Glendon Playground and Park Society requesting support for their playground project. Although the equipment will be installed in the Village of Glendon, many residents of the County of St. Paul will access the facilities. The Glendon Playground and Park Society is a group of volunteers from the Glendon area who are working to create a family destination park in Glendon to accommodate all ages. It will consist of a dry playground, water park, skate park, and family picnic area.  A one page summary of our project is attached. 

 

The total project will cost over $600,000 including equipment and installation.They have applied for $300,000 through the CIIF grant and are in the process of applying for the Provincial CFEP grant. They need to demonstrate the support of the community for their project by way of a cash donation or donation of work in kind.


The Glendon Playground and Park Society is planning to raise an estimated amount of $500,000 this year. It will cost our organization an estimate of $5,000 to raise these funds. The money raised will be going to purchase and install new playground equipment for the Village of Glendon
 

Attached is a change order which is required to complete the communication tower installation at both the Ashmont and Lottie Lake Water Treatment Plants so the systems can communicate with each other.  This will complete the changes required in order to expedite the movement of water from Ashmont to Lottie Lake.  The additional charge to the contract is $45,000 based on the quote from Glentel.  This is a cost that will be required for the project - the change in scope only moves the expense earlier in the project - originally this would have been completed with the Water Treatment Plant construction.

As part of the process for this change order residents will be notified as per Policy DEV-56 regarding the construction of the communication towers.

The interim Operating and Capital Budget estimated number for 2013 are as follows:

Operating Revenues - $       33,700,000

Operating Expenditures - $  19,200,000

Capital - $                             14,500,000

 

Section 242(2) of the M.G.A. states that Council may adopt an interim operating budget for part of a calendar year.

Bylaw No. 1616, Borrowing Bylaw, is being presented to Council to authorize borrowings from the Servus Credit Union to finance the Master Card Account.  In 2013 the limit was Fifteen Thousand Dollars ($15,000), however we would like to increase the limit to $20,000.

 

Section 187 of the M.G.A. requires that every proposed bylaw must have 3 distinct and separate readings.

As per Credit Card policy ADM-77, we require a motion from Council to authorize staff to have a County credit card with their name on it.  See policy attached.

Bylaw No. 1617, Borrowing Bylaw, is being presented to Council to authorize borrowings of up to Seven Million Dollars ($7,000,000) from the Servus Credit Union to finance the short term operations of the County.

 

Section 187 of the M.G.A. requires that every proposed bylaw must have 3 distinct and separate readings.

The St. Paul Ag Society is requesting that the groups who receive the proceeds from the Rodeo supper on both Friday and Saturday provide volunteers to help with clean up after supper.  The policy committee agreed with the Ag Society's request and the amendment has been incorporated into the policy.  When groups apply for the proceeds, they will be notified of the extra duties required of them.

Further to the December 3rd Policy Committee Meeting, the following changes are being proposed for the Agreements attached to the Waste Bin Rental Policy:

 

"I understand that non-paymnet of the fee may result in the removal of the bin from my property".

 

Fee schedule for household garbage add "Commercial renters will be charged an additional $20/month".

We had a request from the Mallaig Chamber of Commerce to contact the owner of 3107 Park Avenue to inquire if they would be interested in selling a narrow strip of land, so the residents living in the Fox Meadows Subdivision could use it as an access to walk from the subdivision across to the churches, recreation facilities, etc .  Dennis contacted the landowners and they denied his request.  The landowner indicated they have no problem if people continue to walk across their property the way it presently is. 

 

There is a ditch at the south and west end of the subdivision on municipal land, and the residents are inquiring if a bridge could be built for wheel chair and foot access only to cross the ditch.  A wooden bridge cost would be approximately $2000.

Almer Weinmeier is applying for a licence agreement for the undeveloped road allowance situated between NW 10 and SW 15-60-10-W4, for the sole purpose of grazing livestock as he owns the properties on both sides of the road allowance.  The adjacent landowners have signed the consent form.

 

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.

 

Bylaw No. 1620 is being presented to Council to Amend the Land Use Bylaw No. 1486 as it relates to rezoning PNW 34-57-9-W4 from Urban Expansion to Country Residential 2.  The owner wishes to subdivide the property to sell.  This property is not in the IDP.

 

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.

 

Krystle Fedoretz will be in to speak with Council.

At the December 3rd policy meeting, the committee discussed the Community Aggregate Payment Levy Bylaw to impose a levy in respect of all sand and gravel businesses operating in the municipality to raise revenue to be used towards the payment of infrastructure and other costs,  When checking with other municipalities for examples of their bylaws, we found that they were all the same. 

 

The Policy committee is recommending that after council gives first reading to the Bylaw, that a date be scheduled to meet with the gravel pit owners and landowners before bringing the bylaw back for second and third reading.

At the December 7th Public Works Meeting, Council was presented with information on rates charged by local companies and neighboring municipalities for private sales of gravel.  Based on that information, Council decided to increase the rate for private sales to $15/cubic yard for the product and $5/cubic yard for delivery.

Bylaw No. 1621 is being presented to Council to approve a new tax penalty schedule for unpaid property taxes.  If this bylaw is approved, it does not come into force and effect until March 2, 2013 after the final penalty for 2012 is applied.

 

Section 187 of the M.G.A. states that all Bylaws must have 3 distinct and separate readings.

At the December 3rd policy meeting, Council members discussed applying a minimum tax levy of $25.  Imposing a minimum levy would affect 331 properties ranging from a current levy of $0.15 to $24.71 and would generate an additional $3684 revenue annually.  Seven of the municipalities surveyed impose a minimum levy and the rates range from $20 to $50.

 

Implementing a minimum tax levy would simply require an extra line on the Mill Rate bylaw which states that "Notwithstanding the foregoing, the minimum tax on any parcel will be $xxx dollars".  However, if the property tax bylaw specifies a minimum amount payable as property tax, it must be indicated on the tax notice.  Tax notices have to be ordered early in the new year.

 

 

Attached is a letter from Telus Communications Inc. requesting to cancel property taxes which date back to 2009.  In February 2010 telus received an amended tax notice and letter advising that due to an amendment in their 2009 assessment, their was an outstanding balance of $13,979.09 on their account.  The tax notice was dated December 30, 2009 however they did not receive it until the beginning of February.  The tax department continued to send the notice with the outstanding balance hoping that they would pay it.

 

Telus submitted a written request (attached) to cancel the $13,797.09 under section 335(1) of the Municipal Government Act which states that "Tax notices must be send before the end of the year in which the taxes are imposed".   There were several other municipalities involved with this assessment change which resulted property tax cancellation.  LInda Meger will be in to speak with Council about this.

 

The Tax department is also requesting to cancel $6,657.14 in property taxes on Roll 60001440 as they are unable to locate the company - Lindbergh Environmental Services Inc.  There is a different business at the address we have on file.

The Ashmont/Mallaig Fire Building Committee met to review the tender documents for the Mallaig and Ashmont Fire Halls.  The intent of the tender is for the construction of both fire halls.  The closing date is 2:00 p.m. January 24, 2013.

$35,000 was budgeted for the Elk Point Recreation Grants and to date we have allocated $20,000 for the Elk Point Curling Club and the A.G. Ross Operating Committee.

 

We have now received the following applications from  recreation groups for funding:

-  Elk Point Golf & Country Club - $35,500, they are also requesting 75 yards of cold mix in 2013 and 50 yards in 2014

-  Elk Point Minor Ball - $10,100

-  Elk Point Curling Club - $175,000

 

We have received the following applications from other community organizations:

-  Elk Point Municipal Library - $23,400

-  Elk Point Regional Allied Arts Society - $30,000

-  Elk Point Jack & Jill Playschool Association - $12,000

The Safety Codes Committee will meet on December 11th before the Council meeting to discuss the Permit Fee Schedule.  Administration is recommending that the fee schedule remain the same as 2012.  The fee schedule is attached.

We have received a request from the President of the Armistice Community Hall advising that that they can no longer continue with the operations of the community hall due to the increasing costs, their aging membership and the lack of younger people willing/able to join their membership.  Their hall is in need of upgrades and they feel is would be too costly to proceed with them.

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