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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 1 10 M rq 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 2 Q r 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' 3 N C rw ' 21 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 �Wl 1�q W Im Im 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 5 InviJ�c�'i � Aarr.,J,s� ,C