County of St. Paul No 19

Council Meeting

Minutes

Meeting #:
Date:	Tuesday, May 14, 2013
Time:	10:00 A.m. - 10:00 A.m.
Location:	5015- 49 Avenue, St. Paul, AB T0A 3A4

---

1.

Call to Order

The 617th meeting of the Council of the County of St. Paul No. 19 was called to order by Reeve Steve Upham at 10:03 a.m., Tuesday, May 14, 2013 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
Janice Huser	St. Paul Journal
Kyle Attanasio	Municipal Intern

 

2.

Minutes

• Resolution #CM20130514.1001

  Motion to approve the minutes of the April 9, 2013 Council Meeting as presented.

  Carried
• Resolution #CM20130514.1002

  Motion to approve the minutes of the April 23, 2013 Special Meeting as presented.

  Carried

3.

Bank Reconciliation

• Resolution #CM20130514.1004

  Motion to adopt the Bank Reconciliation for the month of April, 2013.

  Carried

4.

Additions to Agenda and Acceptance of Agenda

The following additions were made to the agenda:

7.22  Access Road to PSE 33-58-9-W4

7.23  Request for Funding - Camp Whitney

7.24  Friends of the Fort George & Buckingham House

7.25  Champions for Change - Downtown Committee

7.26  Request for Water to New Fertilizer Plant on NW 19-60-9-W4

• Resolution #CM20130514.1003

  Motion to adopt the agenda for the Regular Meeting of Council for May 14, 2013 with the above noted additions.

  Carried

5.

Business Arising from Minutes

5.1

Bridge for Fox Subdivision in Hamlet of Mallaig

• Resolution #CM20130514.1005

  Motion that the Public Works Department install a culvert in the ditch along the west side of Fox Subdivision in the hamlet of Mallaig and gravel it so residents are able to use it as an access to cross the ditch.

  Carried

5.2

Town of Elk Point - Transfer Station Joint Use & Operation Agreement

• Resolution #CM20130514.1006

  Motion to approve the Transfer Station Joint Use and Operation Agreement with the Town of Elk Point for the Level 1 Class III Transfer Station located on SW 36-56-7-W4.

  Carried

5.3

Lease NE 2-62-12-W4

• Resolution #CM20130514.1007

  Motion to approve the amended land lease for the NE 2-62-12-W4 which includes specifications for the boundary fence and a first right of refusal (ROFR) clause.

  Carried
• Resolution #CM20130514.1008

  Motion that administration contact Sherill and Dwayne Bull to enter into a one-year lease agreement for the NE 2-62-12-W4, as they were determined to be the successful applicant at the March Council Meeting.

  Carried

5.4

Updated Land Lease

Councillor G. Ockerman left the meeting at 10:21 a.m. as he has an interest in lease land.

Councillor G. Ockerman entered the meeting at 10:22 a.m.

• Resolution #CM20130514.1009

  Motion to approve the updated Annual Land Lease Agreement to include the first right of refusal clause effective for leases renewed in 2014.

  Carried

5.5

Waste Collection Agreement - Smoky Lake County

• Resolution #CM20130514.1010

  Motion that Council approve the Waste Collection Agreement with Smoky Lake County to empty the three 6-cubic yard waste containers at the Mini Transfer Station located on PSE 33-59-12-W4; 7921640E prior to the long weekends from May to September inclusive, in recognition that on occasion some County of St. Paul residents dispose of their household waste at this site.

  Carried

5.6

Ashmont Sanitary Sewer - Barry Kubinchak

• Resolution #CM20130514.1011

  That Council send a letter to the affected residents in the Hamlet of Ashmont offering the installation of the sewer line to (3 lots) Parcel 1 & 2 Plan 701HW and a portion of Parcel A Plan 3509ET in Ashmont at the resident's expense - but allow the them to set up a payment plan for the cost of the line to their property.

  Carried

6.

Delegation

6.1

10:30 a.m. - Public Hearing Bylaw No. 2013-01 - Municipal Development Plan

Reeve Upham called the public hearing to order at 10:37 a.m. to discuss Bylaw No, 2013-10, Municipal Development Plan.

 

Three members of the public were in attendance along with Albert Rachynski, Surveyor and Dave Dittrick, Consultant.

 

Krystle Fedoretz, Planning and Development, informed Council that the public hearing has been advertised in accordance with section 606 of the M.G.A.

 

Krystle Fedoretz then informed Council that the purpose the public hearing is to discuss Bylaw No. 2013-10, Municipal Development Plan.  She also informed Council that there are no written submissions either for or against the proposed bylaw.

 

Albert Rachynski spoke against the proposed maximum allowable size of a subdivision which would be 5 acres - with the setbacks as there is no room to accommodate a pump out for a septic system.

 

Council agreed to change the maximum parcel size for subdivison of land to 10 acres.

 

He also requested clarification on the fire smart requirements.  Krystle Fedoretz advised that the reuirements will help to prevent another Slave Lake situation and the deal more with the surroundings, not the development.

 

Barb Maile/ Velma Hudson

Pge. 9 - Commercial/Industrial Development - controlled by County Council.  She requested clarification on non permitted buildings and whether this applies to existing businesses.

 

Barb Maile - Requested what happens if you have delinquent people who are not following the rules, how does Council make them comply? Krystle Fedoretz informed them of the process that the County is putting in place with respect to stop work orders.

 

Reeve Upham declared the Public Hearing closed at 10:55 a.m.

• Resolution #CM20130514.1012

  Motion to adjourn the meeting and proceed to public hearing scheduled for 10:30 a.m. to discuss Bylaw No. 2013-10, Municipal Development Plan.  Time:  10:35

  Carried
• Resolution #CM20130514.1013

  Motion to give second reading to Bylaw No. 2013-10, with the amendment to the size of the minimum acre subdivision.

  Carried
• Resolution #CM20130514.1014

  Motion to give third reading to Bylaw No. 2013-10. 

  Carried

6.2

11:00 a.m. - Public Hearing Bylaw No. 2013-11 - Land Use Bylaw

Reeve Upham called the Public Hearing to order at 11:01 a.m.

 

Krystle Fedoretz, Planning and Development, informed Council that the Public Hearing has been advertised in accordance with section 606 of the M.G.A.

 

Krystle Fedoretz then informed Council that the purpose of the Public Hearing is to discuss Bylaw No, 2013-11 as it relates to adopting a new Land Use Bylaw.

 

Velma Hudson requested clarification on existing developments and use of roads with heavy equipment. 

 

Barb Mail then requested clarification on light/medium/heavy industrial development; hours of operation and noise

 

Albert Rachynski spoke against the minimum acre 5 acres site for a subdivision with the same concerns as the MDP, in the previous bylaw the maximum size was 20 acres..

 

Council agreed to change the maximum parcel size for subdivision of land to 10 acres, to accommodate residents who want to have a pump-out sewer system. 

 

Steve Upham declared public hearing closed at 11:19 a.m.

• Resolution #CM20130514.1015

  Motion to adjourn the meeting and proceed to public hearing scheduled for 11:00 a.m. to discuss Bylaw No. 2013-11, Land Use Bylaw.

  Carried
• Resolution #CM20130514.1016

  Motion to table second and third reading on Bylaw No. 2013-11 until later during the meeting.

  Carried
• Resolution #CM20130514.1029

  Motion to give second reading to Land Use Bylaw No. 2013-11, with the amendments to the minimum acre parcel size as discussed.

  Carried
• Resolution #CM20130514.1030

  Motion to give third and final reading to Bylaw No. 2013-11.

  Carried

6.3

1:00 p.m. - Public Auction of Lands - Set Reserve Bids - In Camera

• Resolution #CM20130514.1034

  Motion to set the the reserve bids for the properties being offered for sale at the Public Auction of Lands, as advertised in the Alberta Gazette dated March 15, 2013 and the St. Paul Journal issue dated April 30, 2013 be as indicated below:

  Roll No.	Legal Description	Assessment	Reserve Bid
  11001727	Lot 25, Block 2, Plan 3909TR	31,700	28530

   

  Carried
• Resolution #CM20130514.1035

  Motion to appoint Reeve Upham as the auctioneer for the Public Auction of Lands scheduled for 1:30 p.m. today, May 14, 2013.

  Carried

6.4

1:30 p.m. - Public Auction of Lands

At 1:30 auctioneer Reeve Upham  announced that he will offer for sale by Public Auction, all parcels listed for sale in the Alberta Gazette, dated March 15, 2013 and the St. Paul Journal issue of April 30, 2013, in respect of which redemption of taxes has not been affected.

 

He also stated that the sale of each parcel is subject to a reserve bid, to reservations and conditions in the existing certificate of titles and to the best of his knowledge the properties are vacant unless he indicates otherwise.  He also stated that the properties with improvements do not include the sale of any contents.  If any properties with improvements are sold at the public auction, the County will have 60 days from the date of the sale to remove the contents from the property.  A deposit of 10% will be required with the balance payable after 60 days.

 

He advised that the properties are being offered for sale on an “as is” “where is” basis, and stated that the County of St. Paul No. 19 makes no representation and gives no warranty whatsoever as to the adequacy of services, soil conditions, land use zoning, buildings and development conditions, absence or presence of environmental contamination, or the ability to develop the subject land for any intended use by the purchaser.

 

He also indicated that the County of St. Paul No. 19 may, after the public auction, become owner of any parcel of land that is not sold at the public auction.  The properties may be subject to G.S.T.

 

He then proceeded with the sale and disposed of each parcel as follows:

 

Roll No.	Legal Description	Reserve Bid	Disposition
11001727	Lot 25, Block 1, Plan 3909TR	$28,530	No Bid No Sale

 

6.5

2:00 p.m. - Public Hearing - Road Closure - Bylaw No. 2013-09

Reeve Upham declared the public hearing open at 2:05 p.m.

 

Crystal St. Arnault informed Council that the Public Hearing has been advertised in accordance with section 606 of the M.G.A.

 

Crystal St. Arnault then informed Council that the purpose of the Public hearing is to discuss Bylaw No. 2013-09 as it relates to closing to public travel and disposing the lane within Block 3, Plan 1005EO adjacent to Lots 1,2,3,4,5,6, Block 3, Plan 1005EO

 

Administration did not receive any written submissions and no one was in to speak in opposition to the proposed road cancellation.

 

Gilbert St. Arnault spoke in favor of the proposed road cancellation as the owns the property adjacent to the lane and he will be consolidating the lane with the adjacent lots.

 

Reeve Upham declared the public hearing closed at 2:09 p.m.

• Resolution #CM20130514.1049

  Motion that the meeting adjourn in order to hold a Public Hearing as scheduled for 2:00 p.m. 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, in the Hamlet of Mallaig.

  Carried

6.6

2:15 p.m. - Theresa McQueen - Range Road 103

Theresa McQueen was admitted to the Council Room at 2:15 p.m. to discuss the destruction of Range Road 103 due to heavy hauling down that road.  She presented Council with a letter that was signed by the residents living on Range Road 103 along with pictures that she took on May 8th.  She stated her disappointment with the condition of the road and that the heaving hauling was allowed to continue even after the the road continued to deteriorate. 

 

On behalf of the residents of Range Road 103, Ms. McQueen request that Council fix the road and rebuilt it with a proper grade.  Theresa McQueen left the Council Room at 2:33 p.m.

6.7

2:30 p.m. - Darren Skolarchuk

Darren Skolarchuk, Helen Skolarchuk and Walter Skolarchuk entered the Council room at 2:42 p.m. to discuss a land issue.

• Resolution #CM20130514.1050

  Motion that the meeting to in camera at 2:43 p.m.

  Carried
• Resolution #CM20130514.1051

  Motion that Council return to an open meeting at 2:57 p.m..

  Carried

6.8

2:45 p.m. - Danny Nychyporuk

Danny Nychyporuk was admitted to the Council room at 2:58 p.m. to discuss a land issue.

• Resolution #CM20130514.1052

  Motion that Council go in camera at 2:58 p.m. to discuss a land issue.

  Carried
• Resolution #CM20130514.1053

  Motion that Council return to an open meeting at 4:48 p.m.

  Carried
• Resolution #CM20130514.1054

  Motion to enter into a contract with the occupant of Lots 1-4, Block 2, Plan 4950EO to make monthly payments of $400 for the property taxes until such time as they are paid in full.

  Carried
• Resolution #CM20130514.1055

  Motion by Councillor Frank Sloan that the County enter into an agreement with the tenant of Plan 8722874, Lot 1 to pay $5,330.16, which represents the back taxes on the mobile home located on that property, and also request that the tenant pay $1,200 of his monthly rent directly to the County of St. Paul to be applied to the property taxes, as per section 416 of the M.G.A.  

   

  Councillor Glen Ockerman requested a recorded vote.

  Defeated

7.

New Business

7.1

Disaster Forum 2013 - May 13-16

• Resolution #CM20130514.1017

  Motion to rafity Bryan Bespalko's attendance at the 2013 Disaster Forum from May 13-16, 2013 in Banff.

  Carried

7.2

Premier's Prayer Breakfast - May 16

• Resolution #CM20130514.1018

  Motion to file for information.

  Carried

7.3

Asset Management Course - June 12-14

• Resolution #CM20130514.1019

  Motion to approve Darlene Smereka and Bryan Bespalko to attend the NAMS Asset Management Workshop from June 12-14 in Red Deer.

  Carried

7.4

Request for Sponsorship for Provincial Tournament

• Resolution #CM20130514.1020

  Motion to approve a $500 grant for St. Paul Regional High School for sponsorship for attending Provincial Badminton tournament in Calgary on May 3 & 4, 2013, as per policy ADM-51.

  Carried

7.5

Request for Sponsorship - Riverland Challenge

• Resolution #CM20130514.1021

  Motion to approve a $500 grant to help offset expenses of the 6th Annual Riverland Challenge.

  Carried

7.6

Funding Request - Elk Point Canada Day Celebrations

• Resolution #CM20130514.1022

  Motion to approve a $400 grant for the Elk Point Canada Celebrations.

  Carried

7.7

Request to rent Reclaimer - Town of Two Hills

• Resolution #CM20130514.1023

  Motion to deny the request from the Town of Two Hills to rent the County's reclaimer as we have enough of our own work to do and the County also assists our urban counterparts.

  Carried

7.8

Evergreen Regional Waste Management Services Commission

• Resolution #CM20130514.1024

  Motion to deny request from the Evergreen Regional Waste Management Services Commission for a subsidized rate of gravel and to confirm that they will be charged $25/load.

  Carried

7.9

Partners In Injury Reduction Refund (PIR)

Council was informed that the County received a rebate of $16,076 from WCB for their successful participation in the Partners in Injury Reduction Program during 2012.

• Resolution #CM20130514.1025

  Motion to file as information.

  Carried

7.10

Letter from County Library Board

• Resolution #CM20130514.1026

  Motion to file the letter from the County Library Board thanking Council for the increased funding for 2013.

  Carried

7.11

Donations as per Policy PER-14

• Resolution #CM20130514.1027

  Motion to file the list of promotional items which have been distributed by administration since January, 2013.

  Carried

7.12

2013 Strategic Plan Update - 1st Quarter

• Resolution #CM20130514.1028

  Motion to accept the update for the First Quarter of the 2013 Strategic Plan as information.

  Carried

7.13

Sewage Disposal Contract

Reeve Upham recessed the meeting at 12:00 p.m. and reconvened the meeting at 1:05 p.m. with all members present.

• Resolution #CM20130514.1031

  Motion to deny the request to enter into the Sewage Disposal Contract with Silverback Sales and instruct administration to bring information back to the public works meeting on ways to work with the volume of effluent that will be produced from the commercial work camps that are being set up in the County.

  Carried
• Resolution #CM20130514.1032

  Motion that Council go in camera at 1:05 p.m. to discuss a land issue.

  Carried
• Resolution #CM20130514.1033

  Motion that Council return to an open meeting at 1:06 p.m.

  Carried

7.14

Bylaw No. 2013-12 - Borrowing Bylaw - Fire Halls

• Resolution #CM20130514.1036

  Motion to give first reading to Bylaw No. 2013-12, which is a long term borrowing bylaw for the fire halls in the Hamlets of Ashmont and Mallaig.

  Carried

7.15

Bylaw No. 2013-13 - Borrowing Bylaw - Paving of Subdivisions

• Resolution #CM20130514.1037

  Motion to give first reading to Bylaw No. 2013-13, which is a long term borrowing bylaw for the paving in acreage and lake lot subdivisions.

  Carried

7.16

Amendment to Budget for Paving Project

• Resolution #CM20130514.1038

  Motion to amend the 2013 Municipal Operational and Municipal Capital Budget to include the paving project as follows:

  Operating and Capital Revenues $41,073,737

  Operating Expense $19,942,035

  Capital Expense $21,089,158

  Surplus $ 42,545

  Carried

7.17

Award Tender for Public Works Building

• Resolution #CM20130514.1039

  Motion that Council award the tender for the retrofit  to the Public Works Shop as recommended by Clark Engineering to St. Paul Foundry Ltd. for the building in the amount of $570,000, and for the building controls to Serv-all Mechanical Services Ltd. in the amount of $99,473.50 with the unbudgeted portion of the project to be funded by unrestricted surplus.

  Carried

7.18

Ashmont Water Treatment Plant

• Resolution #CM20130514.1040

  Motion that Council approve the tendering process for the Ashmont Water Treatment Plant; however the tender will only be awarded following confirmation from Alberta Transportation approving additional funding for the shortfall on the project.  Any interest expense incurred from short term borrowing to fund the project until the province provides the money will also be charged back to the province. 

  Carried

7.19

Request to Lobby Provincial Goverment re: Split Mill Rates

• Resolution #CM20130514.1041

  Motion to appoint Councillor C. Martin and CAO Sheila Kitz to a committee with the MD of Bonnyville, County of Two Hills, County of Minburn and County of Vermilion River to lobby the Provincial Government for a non-residential mill rate split.

  Carried

7.20

Elk Point Airport Authority

• Resolution #CM20130514.1042

  Motion to appoint Dwayne Vogel as a member-at-large to represent the County of St. Paul on the Elk Point Airport Authority.

  Carried

7.21

In Camera Items

• Resolution #CM20130514.1056

  Motion that administration work with the RCMP to address the parties at the Boat Launch at Lac St. Cyr.

  Carried

7.22

Access Road to PSE 33-58-9-W4

• Resolution #CM20130514.1043

  Motion to approve a cost share with the landowner for the construction of the access road to PSE 33-58-9-W4, which was not completed when the subdivision was developed several years ago. 

  Carried

7.23

Request for Funding - Camp Whitney

• Resolution #CM20130514.1044

  Motion to provide United Church Camp Whitney with a $20,000 donation to assist with the construction of new dorms.

  Carried

7.24

Friends of the Fort George & Buckingham House

• Resolution #CM20130514.1045

  Motion to approve any Councillor who is available to attend the Book Launch and Grand reopening of the newly revamped foyer of Fort George and Buckingham House Interpretive Centre on May 25, 2013.

  Carried

7.25

Champions for Change - Downtown Committee

• Resolution #CM20130514.1046

  Motion to approve a $400 donation for the St. Paul Champions for Change Canada Day Celebrations.

  Carried

7.26

Utilities Request for Proposed Fertilizer Plant at

• Resolution #CM20130514.1047

  Motion to table the request from Dechaine Enterprises 2011 to connect to the County utility system at their new location (NW 19-60-9-W4), until the Public Works Meeting.

  Carried

8.

Correspondence

9.

Reports

9.1

CAO Report

• Resolution #CM20130514.1048

  Motion to receive the CAO Report as information.

  Carried

9.2

Elk Point Airport

Councillor Glen Ockerman informed Council that the Provincial Government will fund the overlay at the Elk Point Airport.

10.

Upcoming Meetings

10.1

May 21 @ 7:00 & 8:00 p.m. - Ground Breaking for Fire Halls

10.2

May 28 @ 10:00 a.m. - Public Works

10.3

June 3 @ 4:00 p.m. - 4-H Beef on Bun

10.4

July 2 - Zone Meeting at Boscombe

10.5

Set Date for Policy Committee Meeting

11.

Financial

11.1

Listing of Accounts Payable

• Resolution #CM20130514.1057

  Motion to file the listing of Accounts Payable for the month of May, 2013 as circulated:

  Batch	Cheque Date	Cheque Nos.	Batch Amount
  16848	April 3, 2013	16947-17004	$297,799.58
  16867	April 10, 2013	17005-17065	$182,832.88
  16881	April 19, 2013	17066-17120	$372,406.31
  16892	April 30, 2013	17121-17179	$161,271.46

   

  Carried

11.2

Council Fees

• Resolution #CM20130514.1058

  Motion to approve the Council Fees for the Month of April, 2013 as circulated.

  Carried

11.3

Budget to Actual

• Resolution #CM20130514.1059

  Motion to approve the budget to actual as of April 30, 2013.

  Carried

12.

Adjournment

Business on the agenda being concluded, Chairman S. Upham adjourned the meeting.  Time:  5:00 p.m.

 

These minutes approved this 11th day of June, 2013. 

 

________________________           ____________________________

Reeve                                                       Chief Administrative Officer