HomeMy WebLinkAbout1994-12-14 Council MinutesA
COUNCIL MEETING - DECEMBER 14, 1994
A special meeting of council was held at the M D of
Kneehill office, 232 Main Street, Three Hills, Alberta on
Wednesday, December 14th, 1994 commencing at 8.30 A M
The following were present for the meeting
Reeve Richard A Marz
Councillors.
Marylea Lowen
Robert E Boake
James Hanger
Richard M Vickery
Glen M. Wagstaff
Division Four
Division One
Division Three
Division Five
Division Six
Division Seven
John C Jeffery, Municipal Administrator
Jennifer Deak, Assistant Accountant and recording secretary.
Otto Hoff, Councillor Division Two, was absent from the
meeting
Mr Marz called the meeting to order at 8.40 A M He noted
that the purpose of the meeting was to review the new
Municipal Government Act (M G A ) which becomes effective
January 1, 1995
Mr. Jeffery then proceeded to review the M G A The
following parts of the act were reviewed and comments and
questions noted
Part 1 Purpose, Powers and Capacity of Municipalities
Sections 3,4,5,6
It was noted that under section 6, a municipality has the
powers of a natural person
Part 2 Bylaws
Sections 7,8,9,10
It was noted that this section deals with general
jurisdiction for bylaws but if another section of the Act
deals specifically with an issue then the specific section
should be referred to, not the general provision
Part 3 Special Municipal Powers and Limits of
Municipal Powers
Sections 14,15
Sections 33 - 44 incl.
Sections 48,49
Sections 54 - 62 incl
Sec. 14(3) Expropriation powers - Mr Marz requested
clarification be obtained as to whether a gravel pit is
included in the definition of mines and minerals and also
if a gravel pit can be expropriated
Sec 34(1) Duty to provide utility service - states a
municipality must provide utility service to an adjacent
parcel, subject to costs, if requested to do so by the
owner of the parcel
Sec 34(2) Duty to provide utility service - states a
municipality may provide utility service to an adjacent
parcel, subject to costs, if requested to do so by the
occupant of the parcel who is not the owner
Sec. 42(2) Liability for public utility charges -
states that if the municipality agrees to provide a utility
service to an occupant of a parcel who is not the owner any
amount owing for this service is the responsibility of the
occupant, not the owner
Sec. 48,49 Ambulance Services - This section deals with
the municipality's authority to allow or prohibit municipal
or non municipal ambulance service within its boundaries
Mr Marz noted that the Regional Health Authority also has
a responsibility to provide ambulance service
Clarification was requested on what happens if the M D
wants an exclusive ambulance service in the municipality
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COUNCIL MEETING - DECEMBER 14, 1994
and the Regional Health Unit wants additional ambulance
services in a portion of the municipality This would
create a conflict between the different Acts, which Act
would supersede?
Sec 60(1) Water bodies - clarification was requested
on ownership and control of bodies of water, with specific
reference to the water at Torrington Pit.
Sec 62(2) Acquiring lands for roads - clarification
was requested on this section of the Act, who has the
control and who owns the land?
Part 4 Formation, Fundamental Changes and Dissolution
Sections 77,78
Sec 78(b) Municipal District - Mr Vickery commented on the
low minimum population of 1,000 persons to form a municipal
district, especially given the trend towards amalgamations
Part 5 Councils, Councillors and Council Committees
Sections 142 - 160 incl
Sections 169 - 174 incl
Sec 146 Composition of council committees - Mr Marz
recommended that some positions on the Municipal Planning
Commission and Development Appeal Board be by appointment
from the public at large These positions could be
advertised and the qualifications of applicants reviewed
before appointment to the boards A clarification was also
requested whether members to these committees had to be
residents of the municipality
Sec. 148(1) Division of municipality into wards - it was
noted the term is ward, not division.
Sec 148(3),(4),(5) Clarification was requested for these
sections dealing with wards and representation
Sec 150 Election or appointment of Chief Elected Official
(CEO) - a discussion was held on the pros and cons of
electing the CEO from at large It was noted that this
choice would result in a CEO for a three year term whereas
the CEO is currently elected annually at each
organizational meeting. Mr. Marz noted that this issue had
previously been brought up in the and no response
sip .vUr; - z >' �Z-s
had been received
Sec 155 Title of Chief Elected Official and other
councillors - this means that the Reeve will be known as
the C.E.O. unless council directs another title,
appropriate to the office, be used.
Mr Alex Cunningham, development officer and Mr Frank
Wesseling, director of Palliser Regional Planning
Commission, entered the meeting - time 10.00 A.M.
Council recessed for a break until 10 35 A M
When the meeting resumed, Mr. Wesseling reviewed the
proposals to the Planning Act, which will be introduced as
new legislature in the spring of 1995 and will be included
as part of the M.G.A. Regional Plans and Regional Planning
Commissions will not be part of the new legislation It
was noted that planning will become a regulation that could
be changed by Ministerial order
Proposals include that in the event of a conflict,
provincial interests (E R C B, N R C B) will prevail over
municipal land use bylaws, subdivisions and development
permits Urban fringe distances have been eliminated to
encourage municipalities to undertake joint municipal
development plans Municipalities must develop policy
direction with regards to hazardous lands, contaminated
sites, environmentally sensitive lands and the changing
work environment (home occupation and tourism) A General
Municipal Plan must be prepared within two years from
adoption of these proposals. As of April 1, 1995 the M D
will have the authority to assign subdivision approval and
shall have to set policy with regard to subdivision of
developed farmsteads and first parcel out of a quarter
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COUNCIL MEETING - DECEMBER 14, 1994
section There will be two types of subdivision appeals,
local interest appeals to be dealt with by the municipality
and provincial appeal if subdivision falls within a defined
provincial interest area. These areas would be developments
within 0 5 miles of a provincial highway or provincial
historic resource, adjacent to a major body of water or
within the prescribed distances related to sour gas
installations or water treatment and disposal facilities
Mr Marz discussed the opportunities to develop
Inter - Municipal Service Agencies (I S A ) to pool resources
for planning services He noted that there was an
opportunity to initiate discussions with the County of
Wheatland regarding shared planning services. This could
be economically viable by spreading out costs It was also
noted that Palliser is proposing to form an agency to serve
municipalities in planning areas and that the M D had sent
a letter to Palliser listing conditions to be met before a
commitment to their proposed agency could be made
It was generally agreed by all councillors that the M D
should not be single focussed in this issue, should look
into all options and Mr Marz should initiate a meeting
with County of Wheatland to discuss these matters.
The need for a General Municipal Plan (G.M.P.) was
discussed and it was agreed that the M P C should draft
the G M P next year and also that open houses and public
hearings would have to be held before adoption of the plan.
Mr Wesseling and Mr Cunningham left the meeting - 11.45
A. M.
Mr Marz then reported on the consultive meeting, in
Calgary, he, Mr Vickery and Mr Jeffery had with a lawyer,
who specialized in contracts The contract with A & A
Paving was reviewed with the lawyer who has advised that a
letter could be sent to both A & A Paving and their bonding
company giving notice of default of contract. The lawyer
also noted that A & A did request a time extension for this
project to which the M D made no reply It is the code of
practice for Alberta Transportation & Utilities to give
extensions upon request but this is not necessarily the
M D 's code of practice The contract is between the M D
and A & A but was approved by both the provincial and
federal governments Mr Jeffery noted that next year
regulations, specs and standards for road construction will
be more stringent He also noted that the M D has a
letter on file from the bonding company acknowledging the
M D 's claim to ownership of the gravel already crushed for
this project
It was generally agreed that the municipality should
proceed and get the lawyer to send a letter to A & A Paving
and their bonding agent, giving notice of default of
contract and also denying their request for a time
extension.
The meeting recessed for lunch between 12.00 noon and 1.20
P M
The M G A review was continued after lunch
Part 5 Councils, Councillors and Council Committees
Sections
142 -
160
incl.
Sections
169 -
174
incl
Sections
182 -
186
incl
Sections
192 -
200
incl
Sec 169(c) Definitions - request to have clarification
of "spouse" definition with terms of reference as to sex
preferences
Sec. 170(b) Pecuniary interest - request clarification
on this clause - 'a councillor should know the matter could
monetarily affect the councillor's family Need to define
or elaborate 'should'
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COUNCIL MEETING - DECEMBER 14, 1994
Sec. 174(e)(ii) - Reasons for disqualification - need tc
find out what sections 123, 124 and 125 of Criminal Cod4
(Canada) are
Sec 184(b) Abstention from voting on matter discussec
at public hearing - it was noted that if a councillor
misses part of a public hearing he could abstain fror
voting by stating this as a reason and having it recordec
in the minutes. It was generally agreed this would be i
good procedure to follow
Sec 194(b) Calling special meetings - request tc
clarify if FAX or answering machine could be used to inforr
councillors of special meetings, not just written requests
Sec. 195 Council committee meetings - need a definition of
a council committee meeting It was generally agreed, that
until clarification is obtained, a structured committe(
empowered to act would be considered a council committe(
for purposes of this Act This would be the Municipa.
Planning Commission as it is empowered to make decisions.
Sec. 196 Method of giving notice - a policy will bE
required to determine the means that will be used to inforr
the public of council or committee meetings It wa:
generally agreed that notice of regular scheduled meetings
be advertised in the local newspaper and any special
meetings, be advertised on Q -91 radio station
Sec 197 Public presence at meetings - it was again noted
the need to get a clear definition of a council committee
Part 6 Municipal Organization and Administration
Sections 201 - 218 incl
Sec 213 Signing or authorization of municipal documents -
it was noted that all council committee meetings should be
signed by the person presiding over the meeting and the
designated officer These would be the chairperson and the
recording secretary
Sec 214(2) Destruction of records - it was noted that
council may pass a bylaw authorizing destruction of records
with the exception of minutes and bylaws, unless they have
been recorded on microfiche.
Sec 215(1) Prohibition of certain agreements with
employees - need definition of 'service' and 'commodity' as
it applies to this section.
Sec. 217(1) Information a municipality must provide - a
request for information by the office to provide the bylaw
regarding costs for services and also an analysis of how
much revenue is realized from providing this type of
information so that a review of services and costs can be
made
Sec 217(3) Providing information on the salaries of
councillors, Chief Administrative Officer (CAO) and
designated officers of the municipality - need to determine
if auditor has to provide this information on the financial
statements, where to post this salary information and need
to determine designated officers of the municipality
Part 8 Financial Administration
Sections 242 - 250 incl
Sec 242(1) - it was noted that council must annually
adopt the budget
Sec 244(1) Deficiency - need clarification of this
clause with terms of three year period and if surplus from
one year could be transferred to another year within the
three year period
Sec. 248(1) Expenditure of money - policy required for
over expenditure of specific budget items
Sec 249(3) Civil liability of councillors - need
clarification of who is liable - all councillors or only
those councillors who made an unauthorized expenditure.
Sec. 250(1) Authorized investments - need to determine
if the M D financing the Equity Water project is a secured
investment under this section or if another section dealing
with capital projects pertains to this
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COUNCIL MEETING - DECEMBER 14, 1994
The review of the M.G.A then adjourned - time 4 10 P M
Mr Marz then reported on the meeting he had attended the
previous evening Mr Brian McGee, Municipal Affairs, was
also present at the meeting to discuss housing, senior
housing and the formation of a management agency Mr Marz
recommended a proposal that Kneehill Foundation become the
management agency, under the terms of the new Act, if all
other participating jurisdictions agree and also if the
Kneehill Foundation has an open seat on the new board and
if policies can be amended so that the member at large be
from the municipal district of Kneehill and be appointed by
the M D Mr Marz recommended the Kneehill Foundation
because it is the current requisitioning authority for the
lodge and could also, under a separate set of books, look
after the other housing projects. If a consensus cannot be
reached on this proposal Mr. Marz is recommending another
proposal. That is, the M D of Kneehill submit an
application to become a management agency Mr Marz is
requesting support of council for these proposals
The meeting then adjourned - time 4:30 P.M
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InviJ�c�'i � Aarr.,J,s� ,C