County of St. Paul No 19

Council Meeting

AGENDA

Meeting #:
Date:	Tuesday, December 12, 2017
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.

In Camera

6.

Business Arising from Minutes

6.1

Lot B, Plan 8321080 in PNE 6-60-10-W4

At the November 6 Council Meeting, Council heard from the owners of Lot B, Plan 8321080 in PNE 6-60-10-W4 who requested to increase their lot from 10 acres to approximately 18 acres by extending their lot to the south into Lot C.  Their request does not comply with the Land Use Bylaw as the maximum number of subdivisions under an agricultural zoning have already been exceeded on that property.

 

Council directed administration to prepare a Bylaw to allow for the further subdivision of Lot C, Plan 8321080 within the agriculture district and to remove the requirement for an area structure plan for this subdivision.

 

The only way to accommodate this request would be to create a special provision within the Land Use Bylaw through the use of a notwithstanding clause.   A copy of the amendment to the LUB is attached.

 

In preparation of this bylaw, administration discovered that an amendment to the Municipal Development Plan is also required. A bylaw to amend the Municipal Development Plan has also been developed and is attached.

 

The Municipal Development Plan is a long range planning tool. The Municipal Development Plan is statutory plan under the MGA that:

(a)    must address

(i)    the future land use within the municipality,

(ii)    the manner of and the proposals for future development in the municipality,

(iii)    the co ordination of land use, future growth patterns and other infrastructure with adjacent municipalities if there is no intermunicipal development plan with respect to those matters in those municipalities,

(iv)    the provision of the required transportation systems either generally or specifically within the municipality and in relation to adjacent municipalities, and

(v)    the provision of municipal services and facilities either generally or specifically,

(b)    may address

(i)    proposals for the financing and programming of municipal infrastructure,

(ii)    the co ordination of municipal programs relating to the physical, social and economic development of the municipality,

(iii)    environmental matters within the municipality,

(iv)    the financial resources of the municipality,

(v)    the economic development of the municipality, and

(vi)    any other matter relating to the physical, social or economic development of the municipality,

(c)    may contain statements regarding the municipality’s development constraints, including the results of any development studies and impact analysis, and goals, objectives, targets, planning policies and corporate strategies,

(d)    must contain policies compatible with the subdivision and development regulations to provide guidance on the type and location of land uses adjacent to sour gas facilities,

(e)    must contain policies respecting the provision of municipal, school or municipal and school reserves, including but not limited to the need for, amount of and allocation of those reserves and the identification of school requirements in consultation with affected school boards, and

(f)    must contain policies respecting the protection of agricultural operations, and

(g) may contain policies respecting the provision of conservation reserve in accordance with section 664.2(1)(a) to (d). 

6.2

Request to Purchase Undeveloped Road Allowance - Henri & Bibiane Foisy

At the November Council Meeting, Henry and Bibiane Foisy, owners of SW 1-57-10-W4, attended Council to speak about the undeveloped road allowance on the west side of their property as well as Road Plan 3625EO running along the north and west of their property. 

 

They requested that Council consider the following options:

1.  Sell the portion of undeveloped road allowance located west of their property

2.  Close all of Road Plan 3625EO in SW 1-57-10-W4 and revert that land back to their title, allowing him to close off access along the north side of his property.

3.  County provide gravel on the undeveloped road allowance to help maintain the portion of road that currently exists.

 

Council tabled a decision on their request to purchase the undeveloped road allowance west of SW 1-57-10-W4 and to close Road Plan 3625EO, pending more information.

 

Administration found a motion from the October 10, 2000 Council meeting to grant permission to the Lakeland Trail Blazers Snowmobile Club to develop a trail along the County road allowances as per their proposed route".  The proposed route was from St. Paul continuing south through the St. Paul Grazing Reserve.

 

As per conversation with Danny Smyl, from the St. Paul Trailblazer Club, the portion of the road plan that Mr. Foisy is requesting to cancel is part of the snowmobile club's trail.  The purple hi-lighted area has signs along the trail indicating that snowmobiles are permitted.  Danny Smyl grooms the trail every winter after the snow falls.  St. Paul Trailblazers also have keys that allows them access to the community pasture. 

 

CRNL has land interests as they have a well site located on 10-2-57-10-W4, they use 400 meters of the undeveloped road allowance (east-west) and 800 meters of the undeveloped road allowance (north-south) to access their well site.  There is no road use agreement with the landowner as this is for agricultural access, so an agreement is not required.

 

 

6.3

Bareland Condo Association

At the November Council Meeting, Council requested that administration bring forward wording to amend the Land Use Bylaw to include a Bareland Condo Association as a permitted use.  

 

Krystle Fedoretz met with Bruce Drake, Urban Systems, who has provided more information regarding the formation of a Condo Association and a Home Owner's Association.  Administration, Urban Systems and the local Councillor have met with Shawn Jacula,representative for the landowners in the Waterton Subdivision at Laurier Lake, to provide him with two options.  At this time, their community needs to determine which option works best for them and make a request to Council.  Therefore, no wording change is required to the Land Use Bylaw until the residents come forward with a formal request. 

6.4

Town of Elk Point and County Joint Fire Services Agreement

At the October 10 Council Meeting, Council tabled the Town of Elk Point and County Joint Fire Services Agreement until after the committee met.  The Fire Committee met and the Town of Elk Point will be signing the agreement at their Council meeting on Monday, December 11th.  

7.

Delegation

7.1

11:00 a.m. - MS Society, Brenda Rosychuk

Brenda Rosychuk, with the MS Society of Canada - Lakeland Region, will be in to speak with Council about their annual fundraising walk which takes place on the second weekend of May.  This walk has raised over $1,485,000 over the last ten years.  Brenda will explain how they have changed their sponsorship where a $1,000 donation will provide the same exposure as the $500 donation did.  She will be requesting if the Council is interested in continuing as a sponsor for the walk.  

 

Previously, Council donated $500 for the walk.

7.2

11:30 a.m. - Public Hearing Bylaw No. 2017-23 - Dedesignate Part of Lot R, Block 1, Plan 527MC

Bylaw No. 2017-23, to rectify an encroachment problem or other concern within Lot R, Block 1, Plan 527MC registered in respect of PSW 17-59-9-W4, was advertised in the St. Paul Journal on November 28 and December 5, and Planning and Development has not received any responses to the advertisements.  

7.3

1:00 p.m. - St. Paul Chamber of Commerce

The St. Paul Chamber of Commerce will be in to meet with Council to request continued funding for 2018.

7.4

1:30 p.m. - Norm Berlinguette

Norman Berlinguette will be in to meet with Council regarding the spraying done to his canola field.  Attached is his list of questions he will be asking Council.

8.

New Business

8.1

Bylaw No. 2017-23 - Dedesignate Part of Lot R, Block 1, Plan 527MC

At the July 6 Council Meeting, Bylaw No. 2017-23, which is a boundary change for the environmental reserve to rectify a concern within Lot R, Block 1, Plan 527MC in SW 17-59-9-W4, was presented for first reading.  At that time, Council tabled the item for more information and until administration and the local Councillor were able to meet with the landowners. 

  

A meeting was held on-site with landowners on August 21, 2017.  The Environmental Reserve boundary was surveyed and marked to facilitate the conversation.  Explore Surveys was present to clarify boundaries as well as explain the next steps.  The landowners were in agreement with the proposal.  

 

After meeting with the landowners, administration overlooked bringing Bylaw No. 2017-23 back for first reading but proceeded to advertise for a Public Hearing which is scheduled for 11:30 a.m. today.  Bylaw No. 2017-23 is now being presented for first reading.  If there are changes to be made to the bylaw, administration will have time to make them before the Public Hearing later today. 

 

Section 606(3) of the MGA states that a notice of a proposed bylaw must be advertised before second reading.  

8.2

Bylaw No. 2017-29 - Borrowing Bylaw - Master Card Account

Bylaw No. 2017-29, Borrowing Bylaw, is being presented to Council to authorize borrowings of up to Thirty-Two Thousand Five Hundred Dollars ($32,500) from the Servus Credit Union to finance the Master Card Account for the financial year commencing January, 2018.

 

The borrowing bylaw is being increased to allow room for an additional card to be issued for the Director of Corporate Services.  Each card issued will be assigned a specific credit limit within the $32,500 limit as per Section B of Credit Card Policy ADM-77.     

8.3

County Credit Cards

As per Credit Card policy ADM-77, an annual motion is required authorizing staff to carry a County credit card with their name on it.

8.4

Bylaw No. 2017-30 - Borrowing Bylaw for Current Expenditures

Borrowing Bylaw No. 2017-30 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 for the financial year commencing January 1, 2018.  This bylaw must be approved annually.

 

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

8.5

Bylaw No. 2017-31 - Elk Point Regional Allied Arts Loan Guarantee

Since 2008 the Town of Elk Point and the County of St. Paul have guaranteed a line of credit on behalf of the Elk Point Regional Allied Arts Society.  This loan guarantee must be done through bylaw and is to be renewed annually.  

 

Therefore, Bylaw 2017-31 is being presented to Council to guarantee a loan and line of credit on behalf of the Elk Point Regional Allied Arts Society jointly with the Town of Elk Point for the 2018 financial year.  

8.6

Bylaw No. 2017-32 - Fee Schedule Bylaw

Bylaw No. 2017-32 is being presented to Council to update the current fee Schedule Bylaw.  This bylaw is reviewed annually and amended to include changes that have been made by resolution of Council or changes being proposed by administration.  The changes are indicated in red. 

 

During budget deliberations, Council discussed amending rates in the bylaw.    

 

When this bylaw is approved, Bylaw No. 2017-06 will be repealed.

8.7

Bylaw No. 2017-33 - Nonprofit Community Organizations Tax Exemption

Bylaw 2016-33, the Nonprofit Community Organizations Tax Exemption Bylaw, is a bylaw to establish property tax exemptions for specified nonprofit community organizations.  The Lakeland Cross Country Ski Club has been added to the list of properties for exemptions for the NE 29-58-9-W4.  

8.8

Bylaw No. 2017-34 - Utilities Bylaw

Utilities Bylaw No. 2017-34 is being presented to Council to reflect changes to the water rates effective January 1, 2018.  

8.9

2018 Interim Municipal Budget

The interim Operating and Capital Budget estimated numbers for 2018 are as follows:

Operating & Capital Revenues	$44,145,637
Debenture & Funding From restricted Surplus	$  2,881,405
Operations Expenditures	$29,804,546
Replacement Reserve	$     136,000
Debenture Repayment	$     807,429
Capital Expenditures	$16,279,067

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

8.10

2018 County Library Board Budget

The 2018 Library Board Budget has been approved by the County Library Board, see attached.

 

Funding provided to the library board in 2017 was $118,954, 82, $37,303 of which was MSI Funding.  $118,954.82 is $19.29 per capita.

 

The Library Board is not requesting an increase for 2018.

8.11

2018 Strategic Plan

The 2018 Strategic Plan, as amended following the November 30 Public Works Meeting will be forwarded separately for final approval.  

8.12

Funding Agreement with Hwy 28/63

Attached is Capital Project and Grant Funding Agreement between the County of St. Paul and Hwy 28/63 Regional Water Services Commission for the pump upgrade at the Edwand booster station owned and operated by the Water Commission. 

8.13

Municipal Internship Program - Second Year Extension

Kaitlyn Kenney has been employed with the County as our Municipal Intern for the period of May 2017 to present.  Municipal Affairs has provided funding for this position of $43,000 for the first year of this internship.  The County's contribution for the position in the first year is $30,200. 

Under this program, Municipal Affairs will fund a second year for the intern at a reduced rate of $21,500 ($19,000 for salary, $1,500 for benefits, and $1,000 for professional development.  Therefore the County will have a larger contribution in order to keep the position for an additional year.

The main advantage is that she has been with the organization for one year and this will be a great asset as we move into the second year of the internship, particularly with her background in land use planning with the IDP and ICF projects ongoing.  Additional municipal costs for the position into the second year are estimated at approximately $20,000.  There is no competition for the $21,500; the County simply must forward a letter requesting the funding.  Also, in the second year, there are no mandatory workshops for interns or supervisors.  

Kaitlyn has expressed interest to the Director of Corporate Services that she is interested in extending the internship for an additional year until May 5th, 2019.

8.14

Elk Point Recreation Grants

During the 2017 budgeting process, Council allocated $75,000 for Elk Point Recreation Grants.  In February, $2229.52 was allocated to the Elk Point Theatre Group for microphones and $25,000 to the AG Ross Arena for roof repairs.  $47,770.48 remains to be allocated.  

8.15

2018-2019 Alberta Community Partnership Grants

The Alberta Community Partnership Grants will be announced shortly for the 2018-2019 intake. The Intermunicipal Collaboration (IC) component is the stream where municipalities collaborate to carry out initiatives. IC applications are due on January 2, 2018. 

• IC project ranking criteria have been updated to ensure that projects that directly produce frameworks for regional approaches to service delivery, such as shared service agreements or intermunicipal development plans, under core service categories receive the highest priority for grant funds.
• The IC project maximum is $200,000.
• Projects related to implementing regional services including facility construction, equipment purchases, pilots, training, and system upgrades are no longer eligible under the IC component.
• The IC application limit is one application per managing partner. Municipalities can participate as a project participant in more than one application.

County Council has already approved applying for the following projects and partnerships:

- Stormwater Management Plan Study (Town of St. Paul lead; with County as a partner)

- Rural ICFs (County lead, MD Bonnyville, Smoky Lake County, Lac La Biche County, County of Vermilion River, and County of Two Hills as partners) ** This is subject to approval by these neighbouring municipalities. Administration has contacted CAOs of all five neighbours to gauge interest. 

- Urban ICFs (Town of Elk Point lead, County, Summer Village of Horseshoe Bay, and Town of St. Paul as partners)

Administration is recommending submitting one additional application for a Transportation Corridor Condition Assessment Study that will inform the County's asset management system. The County of Two Hills has offered to be the managing partner for this project.  

 

Administration is looking for a motion to submit an ACP application for this project subject to resolutions being passed by all partnering municipalities. 

 

 

8.16

Sale of Equipment

During the December 4th budget meting, Council reviewed the list of County equipment and discussed the following items which are no longer required by public works:

• 1986 CAT D7G
• 2008 Schulte SDX-110 Snow Blower
• Broom – attachment for JD7200 Tractor 

At the meeting, Public Works suggested that it would be beneficial to sell the items through Mitchner Allen Auctions to get the best exposure for the type of the equipment it is.  Council gave Public Works direction to proceed with the sale of the equipment. 

8.17

Letter from Bev and Warren Smith re Beaver Control

Attached is a letter from Bev and Warren Smith with an excerpt from the MD of Bonnyville October 25th highlights regarding Flooding Mitigation which states that the MD of Bonnyville has hired contractors to trap and reduce beavers throughout their municipality.  Mr. and Mrs. Smith are requesting that the County take on the responsibility of beaver control and that staff members have the ability to hire contractors to monitor beaver populations and quickly respond to problem situations.

8.18

Water North Coalition

At the August Council Meting, Council denied the request from the Water North Coalition for the $100 annual membership fee as they felt it was a duplication.  

 

The Water North Coalition is now requesting if Council wants to appoint an elected official and/or designate from the County of St. Paul to the WNC.  CAO Sheila Kitz and Kyle Attanasio, Director of Corporate Services were on their contact list for the County of St. Paul, however no one attended any meetings in 2017.

8.19

Regional Crime Forum

December 1^st, Deputy Reeve Fodness attended the Regional Crime Forum hosted by the MD of Bonnyville, in the absence of the Reeve. The meeting was lengthy as there were a lot of speakers followed by a question and answer session which closed the evening.

 

Does Council want to provide support to the MD of Bonnyville in the event they lobby the Provincial government?  Deputy Reeve Fodness will provide Council with a report.

8.20

Meeting with Dean of Indigenous Language

Deputy Reeve Fodness attended a meeting on Friday, December 1^st at David Hanson’s office, in the Reeve's absence.  The meeting was called by Marilyn Shirt, Dean of Indigenous Language.  The invite included  MLA Dave Hanson, Town of St. Paul Mayor Maureen Miller,  Charles Wood (Seven Nations & Director on Blue Quills Governance Board) Marilyn Shirt, Sherri Chisan (Acting President Blue Quills), Nancy Pratch, Kehewin Councillor Ben Badger and Pauline, Chairwoman of Blue Quills.

 

Deputy Reeve Fodness will give a report on this meeting.

8.21

Business Support Network Meeting

The Chamber of Commerce will be hosting their next Business Support Network Meeting and Roundtable on December 19th at the Canalta from 11:30 am to 1:00 pm.   

8.22

Annual Law Seminars - February 15 & 16

The Annual Emerging trends in Municipal Law Seminar sponsored by Brownlee LLP will be held Thursday, February 15, 2017 at the Expo Centre in Edmonton.  Topics include - Select MGA Regulations, Emergency Management and Cannabis & the Municipality.  Registration is $169.

 

The Reynolds Mirth Richards Farmer Annual Law Seminar will be held on Friday, February 16, 2017 also in Edmonton.  The Agenda is not out for this seminar yet.  Registration is $100.00.

8.23

Alberta CARE Spring Seminar - Feb. 28 to March 2

The Alberta CARE Spring Seminar will be held February 28 to March 2, 2018 in Brooks.  Registration for the Conference is $425.

8.24

International Institute of Public Participation (IAP2) Course

Kaitlyn Kenney has requested to attend International Association of Public Participation (IAP2) training from April 16 to 20, 2018 in Edmonton. This training would endow Kaitlyn with a professional designation that will prove valuable throughout her career as well as with the County as we navigate several special projects with public participation components. 

The Certification Program is a new professional designation available to IAP2 Canada members. Certification proves, through independent assessment, that you have demonstrated the basic knowledge and skills required to perform the role of public participation (P2) professional. The designation Certified Public Participation Professional (CP3) is the assurance that the practitioner meets a set of internationally-recognized criteria.

The cost of the training at the early bird registration rates is $1827.50 + GST. The County would be able to cover the costs of training with the professional development portion of the ACP Grant provided by Municipal Affairs. 

8.25

Special Meeting - December 20

Following the Policy Meeting on Monday, December 18, a special meeting will be required to approve the policies that must be in place due to changes to Employment Standards taking effect January 1, 2018.  

 

A Special Meeting of Council can be called under Section 194(3) of the MGA by giving at least 24 hours' notice in writing to each councilor and the public stating the purpose of the meeting and the date, time and place at which it is to be held.   

8.26

December Public Works Meeting

The regularly scheduled date for the December Public Works Meeting falls on December 26th.  As per resolution OM20171023.1075, Public Works meetings are scheduled for the 4th Tuesday of each month unless otherwise changed by a resolution of Council.  

8.27

Provincial Education Requisition Credit Application

At the November 30 Public Works Meeting, Council passed a motion to approve the Application for Provincial Education Requisition Credit for Uncollectible Education Property Taxes on Oil and gas Properties for the 2015 and 2016 tax year, in the amount of $1134.00.  We have been informed by Municipal Affairs that the motion is insufficient.

 

As per Section 347 of the MGA, we require a motion to cancel the Education and Municipal Taxes.  

8.28

Economic Developers Alberta (EDA) Conference

The EDA Conference will be held March 21-23, 2018 in Banff. 

8.29

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8.30

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8.31

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9.

Correspondence

10.

Reports

10.1

CAO Report

11.

Upcoming Meetings

11.1

Dec. 12 @ 5-8:00 pm - Chamber of Commerce Meet & Greet, Canalta

11.2

Dec. 19 @ 4:00 pm - Joint Recreation Strategies Plan

11.3

Jan. 23 @ 4:00 pm - Urban IDP Kickoff

11.4

- Jan. 11 - Emergency Cooridnation Centre (ECC) Training conflicts with AAMDC Zone Meeting

12.

Financial

12.1

Budget to Actual

A copy of the budget to actual will be presented to Council for review.

12.2

Listing of Accounts Payable

A listing of Accounts Payable will be provided for Council's review.

12.3

Council Fees

Council fees for the past month and for the month of December will be circulated for review. 

13.

Adjournment