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MUNICIPAL DISTRICT w OF BRAZEAU NO. 77
REGULAR COUNCIL MEETING
PI 98 11 25
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MUNICIPAL DISTRICT OF BRAZEAU NO. 77
REGULAR COUNCIL MEETING
AGENDA DATE: 98 11 25 TIME: 9:00 AM S| PLACE: M.D. ADMINISTRATION BUILDING, COUNCIL CHAMBERS
Page Nos. Call to Order
Present
1. Addition to and Adoption of the Agenda
2. Adoption of the Minutes of the Regular Council Meeting of 98 1112.
3. Business arising from the 98 1112 Regular Council Meeting
^ 4. Emergent Items
5. Delegations/Appointments
10:00 am PIAD - Chris Severson-Baker 1-2 11:00 am Ratepayer Concerns
3:00 pm In Private - Road Construction ra
6. Finance Matters
a) Cash Statement and Investment Summary, October, 1998. 3-4 - report and recommendation attached pi b) Transfer of Outstanding Water Bills to Tax Roll
- report and recommendation attached
c) Double Billing of Linepipe at 3-18-48-10 W5M for 1998 Taxes F 6-15 - correspondence attached - report - separate handout at the meeting
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Planning, Development and Land Matters
a) Application for Amendment to Land Use Bylaw 109-90 - Proposed Bylaw No. 343-98 Lot I, Block 10, Plan 982 0064 (Hamlet of Lodgepole) From Industrial Land Use Districting to Hamlet Commercial Land Use Districting Applicant/Owner: Pam and John Bruce 16-18 p - report attached
b) Drayton Valley Airport Vicinity Protection Area Regulation 19-23 II - report attached
p 8. General Matters
i a) Ratepayer Concerns P b) Surface Rights Lease Review Committee I Mandate 24 - report attached
c) Bylaw No. 336-98 - Noise Control Bylaw
- amended bylaw attached - requires three readings 25-30 d) Fire Hall/Exchange of Services 31 - correspondence attached
e) Range Road 80 - Ratepayer concern 32-33 - correspondence attached
f) Alberta Horticultural Show Awards Night 34-35 - correspondence attached
g) Fire Guardians - Areas 1 and 6 36-37 - report and recommendation attached
9. Correspondence/Items for Information
a) Correspondence from the University of Alberta regarding the Breton Plots Endowment Fund. 38 b) Copy of correspondence from the Alberta pi Municipal Government Board to affected r landowners in the Municipal District of Brazeau regarding the intermunicipal dispute between the Town of Drayton Valley and the Municipal 39-44 District of Brazeau. c) Labour Pains- An employers guide to employment and labour law issues 45-52 d) News release from AT&U regarding the Emergency Preparedness Contest 53-54 m e) Correspondence from the Federation of Canadian Municipalities regarding association membership. 55-56 f) Municipal Update from the Alberta Used Oil Management Association 57 g) Correspondence from the Government of f Alberta regarding the 'International Year of Older Persons 1999'. 58 h) Correspondence from Alberta Health regarding Bill 37. 59-67 i) Correspondence from Region Nine Child and P Services Authority Regional Office regarding organization changes. 68-72 j) Correspondence from AT&U regarding rural utility loans - natural gas - water/wastewater. 73-74 k) Correspondence from the Minister of Environment regarding the federal court ruling in the case of The Friends ofthe West Country v. The Minister ofFisheries and Oceans. 75-81 I) Correspondence from the AAMD&C regarding r the Farmland Assessment Review. 82 p) m) AAMD&C Executive Meeting Highlights 83-84 n) AAMD&C Contact Newsletter - Nov.4/98 85-86 pi j 10. Councillor Reports
11. Question Period for Media r 12. Meeting Dates 13. In Private Session Wl a) Annexation b) Road Construction
wm c) Mystical Fireworks
} 14. Adjournment
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ipi MINUTES OF THE REGULAR COUNCIL MEETING OF THE MUNICIPAL DISTRICT OF BRAZEAU NO. 77, HELD IN THE M.D. ADMINISTRATION BUILDING, COUNCIL CHAMBERS IN DRAYTON VALLEY ON THURSDAY, 98 1112.
CALL TO ORDER Reeve M. Schwab called the meeting to order at 9:03 am.
PRESENT M. Schwab, Reeve D. Ellis, Councillor A. Heinrich, Councillor J. Starling, Councillor K. Porter, Municipal Manager K. Robinson, Recording Secretary
ABSENT B. Guyon, Councillor
OTHERS Leon Mankow, Ratepayer S89 ADDITION TO Addition To and Adoption ofAoenda AND ADOPTION OFAGENDA 2212-98 Moved by J. Starling to adopt the agenda with the following additions:
2. b Organization Meeting Minutes 5. a 9:30am- RCMP125* Anniversary Banner 6.c 1:30 pm - Taxation Clerk'sReport to Council 10. h Community Lottery Board i AAMD&C Resolution j Petition Re: Annexation Memo to Reeves Re: Electoral Representation Letter to Town of DraytonValley regarding undeveloped land inventory m Correspondence from CouncillorGuyon 11. w Correspondence from PIAD 15. e Sewage Issue f Council Concerns 9 Development Concern
CARRIED UNANIMOUSLY
Colm Heaney arrived at the meeting at 9:15 am.
ADOPTION OF Adoption of Minutes MINUTES 2213-98 Moved by D. Ellisto adopt the minutes of the Regular Council Meeting of 98 10 28 amended as follows:
BJ Page 5 - Farmland Assessment Reeve M. Schwab stated that the presentation made by R. Hogan, the Agricultural Fietdman, was very well received and may be discussed at the Northwest RegionalConference.
fp Page 9 - last paragraph should read "public Input prior to signing the agreement..."
Page 10 - second paragraphshould read HShe asked if there..."
CARRIED UNANIMOUSLY «&**J) Adoption ofthe Minutes ofthe Oroanization Meeting of98 10 23
2214-98 Moved by A. Heinrich to adopt the minutes of the Organization Meeting of 98 10 23 as presented.
CARRIED UNANIMOUSLY
BUSINESS Business Arisina ARISING None 1
EMERGENT Emergent Items ITEMS None
GENERAL General Matters MATTERS Rateoaver Concerns
Discussion took place regarding the ratepayer concerns portion of the Council meetings.
2215-98 Moved by A. Heinrich to table further discussion regarding ratepayer concerns to the next Council meeting of 98 1125.
CARRIED UNANIMOUSLY
Correspondence from ratepayer regarding the Breton Plots
The correspondence was referred to the Municipal Planning Commission.
Correspondence from St. Thomas Aquinas Catholic Schools
Council reviewed the correspondence received.
2216-98 Moved by 3. Starling to receive the correspondence for information.
CARRIED UNANIMOUSLY
Staff Sgt. Doug Bangle, RCMP arrived at the meeting at 9:30 am.
Appointment ofTechnical Advisorto the West Central Airshed
Discussion took place regarding the appointment of the Agricultural Fieldman to the WestCentral Airshed Committee. tfWJ***9 1 P5
2217-98 Moved by A. Heinrich to appoint R. Hogan, Agricultural Reldman as technical advisor to the West Central Airshed Committee.
CARRIED UNANIMOUSLY
DELEGATION/ APPOINTMENTS Delegation/Appointments
RCMP 125th Anniversary Banner
Staff Sgt. Doug Bangle attended the Council meeting today to discuss with Council the realignment taking place within the force. in He also thanked the Municipal District for displaying the 125th Anniversary bannerforthe RCMP and hung the.banner on the wall in Council Chambers.
Jody Lind arrived at the meeting at 9:50 am.
Staff Sgt. Bangle left the meeting at 9:55 am.
GENERAL MATTERS General Matters
Appointment of member and an alternate to the Family/School Liaison Advisory Committee
Reeve M.Schwab called for nominations for the position of member for the Family/School Liaison AdvisoryCommittee. p» J. Starling nominated A. Heinrich
Reeve M. Schwab called a 2nd and 3rd timefor nominations.
A. Heinrich was acclaimed member for the Family/School Liaison Advisory Committee.
Reeve M. Schwab called for nominations for the position of alternate for the Family/School Liaison AdvisoryCommittee.
J. Starling nominated D. Ellis
Reeve M. Schwab called a 2nd and 3rd timefor nominations.
D. Ellis was acclaimed alternate for the Family/School Liaison Advisory Committee. « Correspondence from the Village of Breton regarding the fire hall 2218-98 Moved by J.Starling to table further ^ discussion until the next Council meeting of ^Av\) ^# CARRIED UNANIMOUSLY v>'' tws
Dravton Vallev/Brazeau Economic Development
Reeve M. Schwab called for nominations for the position of member for the Drayton Valley/Brazeau Economic Development Committee.
A. Heinrich nominated M. Schwab T Reeve M. Schwab called a 2nd and 3rd time for nominations. 2219-98 Moved by J. Starling that nominations cease. j
CARRIED UNANIMOUSLY
M.Schwab was acclaimed for the position of member for the Drayton Valley/Brazeau Economic Development Committee.
Community Lottery Board Nominating Committee *^
Councillor D. Ellis reported that the Community Lottery Board requested thatthe Municipal District appoint a n memberfor the Community Lottery Board Nominating } Committee.
Reeve M.Schwab called for nominations for the position of ^ member for the Community Lottery Board Nominating Committee.
CHm! X Starling nominated D. Ellis
Reeve M. Schwabcalled a 2nd and 3rd time for nominations.
2220-98 Moved by J. Starling that nominations cease.
CARRIED UNANIMOUSLY
D. Elliswas acclaimed for the position of member for the Community Lottery Board NominatingCommittee.
Petition Regarding Annexation
Council received a petition signed by residents who did not wish to be annexed by the Town of Drayton Valley.
2221-98 Moved by A. Heinrich to receive the petition for information.
CARRIED UNANIMOUSLY*
Downsizing of Electoral Representatives
2222-98 Moved by J. Starling to forward a letter to Reeve's regarding the downsizing of MLA's in the province. CARRIED UNANIMOUSLY vV^V^«*#!& ] Letterto the Town of Dravton Valley Requesting Information
2223-98 Moved by D. Ellis to forward a letter to the Town of Drayton Valley requesting an inventory of their undeveloped lands.
CARRIED UNANIMOUSLY
Correspondence Received from Councillor Guvon
2224-98 Moved by A. Heinrich to receive the correspondence for information. iP CARRIED UNANIMOUSLY
AAMD&C Resolution
A discussion took place regarding the presentation of the Municipal District's resolution and who should present it. A decision will be made prior to the Convention.
Sheldon Fuson arrived at the meeting at 10:10 am. ip DELEGATION/ APPOINTMENTS Delegation/Appointments
Sheldon Fuson - Fire Services
Sheldon Fuson attended the Council meeting today to give the new Councillors an overview of the Fire Services provided by the Municipal District.
L Coward arrived at the meeting at 10:25 am.
Council thanked S. Fuson for attending the meeting and he r left at 10:40 am. D. Welsh arrived at the meeting at 10:42 am.
FINANCE MATTERS Finance Matters
Landfill Authority Expansion Debenture m Council reviewed BylawNo. 342-98.
2225-98 Moved by 3. Starling to give 2nd reading to Bylaw No. 342-98.
CARRIED UNANIMOUSLY 2226-98 Moved by A. Heinrich to give 3rd and final cf^^ reading to Bylaw No. 342-98. x\$& ~ :W CARRIED UNANIMOUSLY §p? f#5$)
Extension ofAuditor Appointment
Council reviewed the report and recommendation submitted.
2227-98 Moved by A. Heinrich to appoint BDO Dunwoodyas the auditing firm for the year ending December 31,1998.
CARRIED UNANIMOUSLY
D. Welsh left the meeting at 10:50 am.
PUBLIC WORKS Public Works Matters MATTERS Proposed Subdivision Servicing
Council reviewed the report as submitted.
2228-98 Moved by J. Starling to table discussion until the next Council meeting of 98 11 25.
CARRIED UNANIMOUSLY
R. Kitching arrived at the meeting at 10:55 am.
ITEMS FOR Correspondence/Items for Information INFORMATION a) Partners -A Safety Codes Council Newsletter
b) Correspondence from the Village of Breton regarding the Pembina Valley Regional Ambulance Authority
representative. f^
c) Correspondence from the Village of Breton regarding the Drayton Valley/Brazeau EconomicDevelopment Board representative.
d) Correspondence from the Village of Breton regarding the Community Lottery Board representative.
e) Correspondence from the AlbertaCongress Board regarding a news release following the conference on taxes held in Jasper.
f) Correspondence from Northwestern Utilities regarding a Change in 1998/99 Winter Gas Rates g) Bylaw -ALegal Digest of Current Trends inthe Law of Local Government
h) Correspondence from Northrock regarding the proposed Sour Gas Processing Plant. I) Partnerships Information Bulletin && j) Updateon Health in Alberta ^ 7
W k) Correspondence from FCSS regarding the 1998 Storybook
- Available from Administration t I) Correspondence from Environment Canada regarding the Federal Court case of"The Friends of the West P Country v. The Minister of Fisheries and Oceans". i m) Council Committees Appointments from the Town of Drayton Valley t n) Yellowhead Regional Library Newsletter p o) Yellowhead Regional Library Director's Report f p) Child & Family Services AuthorityNews P q) Contact Newsletter - October 21/98
r) Contact Newsletter - October 28/98 I s) Correspondence from St.Thomas Aquinas Catholic ^ Schools regarding the election results. rt) Correspondence from the AAMD&C regarding the AGRA Earth & Environment Report on Managing Environmental Requirements for Municipal Road Construction si
u) Correspondence from the AAMD&C regarding the 1998 Election Results
v) Correspondence from Tom Thurber, MLA regarding the comments submitted to the Agricultural Lease Review Committee.
w) Correspondence received from PIAD regarding concerns regarding the proposed sour gas facility by Northrock.
2229-98 Moved by J. Starling to invite PIAD to attend a Council meeting to discuss the concerns.
CARRIED UNANIMOUSLY PI 2230-98 Moved by A. Heinrich to receive the correspondence for information with the exception of item (w) which was dealt with separately.
CARRIED UNANIMOUSLY r \$0&Wt) 1
RATEPAYER Ratepayer Concerns CONCERNS Jody Lindstated that he had been promised a letter addressing his concerns from the Council meeting of 98 10 28 and todate has not received it.
K. Porter stated that the letter will be forwarded when complete. 1 Mark Raines stated that he is a disgruntled member of the Breton Fire Department and that personnel Issues need to be addressed. He further stated that he wants better representation from Council —thatthe last representative did not attend functions that the Council rep was invited to.
Lois Coward stated that she attended the Remembrance Day Celebration and was disappointed that the Municipal District representative did not laya wreath.
Reeve M. Schwab stated that there are four government 1 members in attendance each year at the Remembrance Day Celebration and they take turns layingthe wreath. She further explained that the Reeve did it last year and this year it was the Town of Drayton Valley'sturn.
R. Kitching asked ifthe issue regarding Keori Trucking had gone before the Subdivision and Development Appeal Board.
Reeve M. Schwab stated that it had not and the issue would not be discussed at this time.
Jody Lind left the meeting at 11:10 am. R. Matthews arrived at the meeting at 11:10 am. W. Lind arrived at the meeting at 11:11 am. L. Coward and R. Kitching left the meeting at 11:13 am.
PLANNING, Planning. Development and Land Matters 1 DEVELOPMENT AND LAND MATTERS Application for Amendmentto Land Use Bvlaw No. 109-90 - Proposed Bvlaw No. 343-98 Lot I. Block 10. Plan 982 0064 Hamlet of Lodaepole From Rural Industrial Land Use Districting to Hamlet Commercial Land Use Districting Applicant/Owner: Pam and John Bruce
Council reviewed the report and recommendation as presented.
2231-98 Moved by J. Starling to table the application to the next Council meeting of 98 11 25 following a meeting with the steering committee and Forestry. #^ CARRIED UNANIMOUSLY w>
Wascana Energy Inc. Oil Revenue Reviews Nl/2 14-50-8-W5M. NW1/4 34-49-8-W5M and SW1/4 23-50-8-W5M
Council reviewed the report and recommendation as presented and referred the reportto the Surface Rights Lease Review Committee.
SUPPLIES pt AND SERVICES MATTERS Supplies and Services Matters
Truck Tender
Council reviewedthe report and recommendation presented.
2232-98 Moved byJ. Starling to approve the tenders as follows:
Unit D-011989Dodge Vz Ton - Kevin Hildebrandt - $2500.00 UnitT-211989 Chev Vi Ton - Michener Allen - $3750.00 UnitT-231990 Chev V*Ton - Michener Allen - $2500.00 Unit T-271991 Chev % Ton - Evan Davis - $4200.00
CARRIED UNANIMOUSLY
Leon Mankow left the meeting at 11:45 am. pi
COUNCILLOR Councillor Reports REPORTS Councillor J. Starling reported that he attended: > MPC Orientation > MCP Regular Meeting > Drayton Valley Library Board Meeting > MPC Orientation Conclusion > Meeting with Minister Iris Evans and Drayton Valley Council > Tax Recovery Sale > Drayton Valley Landfill AuthorityMeeting > Special Council Meeting > Farwell for J. Coombes and W. Tweedle
CouncillorA. Heinrich reported that he attended: > ASB Regional Conference MPC Orientation MCP Regular Meeting MPC Orientation Conclusion Meeting with Minister Iris Evans and Town of Drayton ST Valley Council Meeting at Sunnybrook Hall regarding the water quality study group Economic Development Partnership Luncheon Farwell for J. Coombes and W. Tweedle Tax Recovery Sale Special Council Meeting #^v Ag. Service Board Meeting Councillor D. Starling reported that he attended: > ASB Regional Conference > MPC Orientation > MPC Regular Meeting > MPC Orientation Conclusion > ASBTour Meeting > Meeting with Minister Iris Evans and the Town of Drayton Valley Council > Community Lottery Board #33 > Tax Recovery Sale > Special Council Meeting > Ag Service Board Meeting
Reeve M. Schwab reported that she attended: > Breakfast meeting with Fred Tyrell > Meeting with Minister Iris Evans and the Townof Drayton Valley > ASB Regional Conference CS > Farewell for J. Coombes and W. Tweedle > ASBTour Committee Meeting > Economic Development Partnership Luncheon > Tax Recovery Sale > Special Council Meeting > Meeting with Kelly Stone regarding tour books > Remembrance Day Celebration
2233-98 Moved by A. Heinrich to present a gift to Joan Wynnykfrom Council at her retirement function.
CARRIED UNANIMOUSLY
ADJOURN FOR Adiourn for Lunch LUNCH 2234-98 Moved by J. Starlingthat the RegularCouncil Meeting of 98 1112 adjourn for lunch at 11:55 pm.
CARRIED UNANIMOUSLY
CALL TO ORDER Reeve M. Schwab called the meeting to order at 1:00 pm.
PRESENT M.Schwab, Reeve 3. Coombes, Councillor 1 W. Tweedle, Councillor J. Starling, Councillor K. Porter, Municipal Manage^ K. Robinson, Recording Secretary
ABSENT B. Guyon, Councillor
OTHERS Colm Heaney, Western Review R. Matthews and R. Flikkema arrived at the meeting at 1:15 ® pm. ^
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PI PUBLIC WORKS MATTERS Public Works Matters
PI Proposed Subdivision Servicing
2235-98 Moved by A. Heinrichto revisit the proposed subdivision servicing.
CARRIED UNANIMOUSLY p> Council reviewed the report as presented.
2236-98 Moved by J. Starling that Administration iu prepare a cost estimate for the water main extension in Rocky Rapids.
CARRIED UNANIMOUSLY
MEETING Meeting Dates DATES 2237-98 Moved by A. Heinrichto schedule a meeting with the Town of DraytonValley on Dec. 7,8, or 16th, for the purpose ofdiscussing mutual p^ concerns.
CARRIED UNANIMOUSLY
2238-98 Moved by 3. Starling to schedule a meeting with Tom Thurber and Cliff Breitkreuz for December 4th.
CARRIED UNANIMOUSLY
2239-98 Moved by D. Ellis that the Municipal District II host an information day for schools within the municipality, sometime in February.
CARRIED UNANIMOUSLY
A delegation of representatives for the Birchwood Village Greens arrived at 1:20 pm. , PI 2240-98 Moved by A. Heinrich that the regular Council Meeting of December 24th be rescheduled for Dec. 18th.
CARRIED UNANIMOUSLY4
2241-98 Moved by 3. Starling that the regular Council Meeting ofJanuary 27th be rescheduled for January 25th.
CARRIED UNANIMOUSLY s^v >8
li FINANCE MATTERS Finance Matters
Land Sale of Units 16,132,137,138 & 155 Plan 8820814 - Birchwood Village Greens
Council reviewed the report and recommendation and discussed the issue with the delegation from Birchwood.
Council agreed to maketheir decision later in the meeting.
QUESTION Question Period for Media PERIOD FOR MEDIA None
IN PRIVATE SESSION In Private Session 2242-98 Moved byA. Heinrich that the regular Council meeting of 98 1112 proceedinto win private" at 1:41 pm.
CARRIED UNANIMOUSLY
2243-98 Moved byJ. Starling that the regular Council meeting of 98 1112 come out of"in private" at 5:05 pm.
CARRIED UNANIMOUSLY
2244-98 Moved by A. Heinrich to approve the tender submitted by Birchwood Village Greens for the purchase of Units 16,132,137,138 and 155 Plan 8820814. ersa
CARRIED UNANIMOUSLY
2245-98 Moved by A. Heinrich to authorize Administration to exceed the salary grid as discussed.
IN FAVOUR A. Heinrich M. Schwab D. Ellis
OPPOSED J. Starling
CARRIED
2246-98 Moved by J. Starling to schedule a meeting with the Dept. of Labour, the Reeve and $ Administration. #^ CARRIED UNANIMOUSLY
12 2247-98 Moved by D. Ellis to authorize Administration to schedule a meeting with Artie Kos.
CARRIED UNANIMOUSLY
2248-98 Moved by J. Starling to authorize Administrationto schedule a meeting with Weyerhaueser for Dec 1st or 2nd.
CARRIED UNANIMOUSLY
ADJOURNMENT 2249-98 Moved byJ. Starling that the Regular Council Meeting of 98 1112 adjourn at 5:15 pm.
CARRIED UNANIMOUSLY
Reeve
p Municipal Manager
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13 I Action Status Report Required action arising from Council Meetings: m Action Outcome
1) Amend Agreement with Town re Change in billing procedures Finance p> 2) Amend Personnel Policy to include request from Finance Rev. Can. For El premium reduction
3) Review Schedule of Fees Bylaw to include P&D - May 27th Council costs for area structure plans I 4) Vogel Pipeline Issue Draft Crossing Agreement 5) First Reading - Top Soil Removal Ag. p Bylaw No. 296-97
- 6) Lodgepole Fire Hall Under Construction 7) Discussion Re: In-house Assessors Dec. 10/98 PI
[ 8) Investigate the cost of aerial photos of Community Halls with the municipality Photos purchased Bylaw #331-98 - Spruce Meadows 2ndreading-Aug.13 {p 9) Area Structure Plan i 10) Bylaw No. 332-98 - Hwy. 22 West - 2"d reading - Aug. 13 Area Structure Plan pi 11) Easyford Campground Agreement P&D
12) Letter to M.D. of Clearwater Motion #2005-98 P&D pi 13) Letter to Parkland County P&D I Motion # 2006-98
14) Letter to County of Wetaskiwin P&D S? Motion # 2007-98 [ 15) Letter to landowners at Birchwood re: co-operation (forsafety purposes) with PW Regards to a road use agreement p? 16) Letter to Walter Paszkowski and Tom Thurber regarding access road to Birchwood Village Greens PW ip> 17) Five Year Operating Capital Plan Still in draft form i 18) Prepare stats to lobby Province PW for 100%widening of SH621
p) 19) Letter to Brian Irmen regarding the Resource Road Meeting PW 20) Bylaw No. 336-98 Amended and forwarded t Review jpl j 21) Bylaw No. 337-98 Complete 22) Bylaw No. 339-98 Complete 23) Draft policies on extensions to a maximum of P Two one-year terms P&D 24) Request a copy of the Seismic Survey Bylaw prepared bythe M.D of Rocky View and Requested spff) the Off-site levy bylaw from the I County of Red Deer 25) Communication process with appeal issue Rita and ^ft^i^ ijlU i. 26) Draft policies on extensions to a maximum of 2 one-year terms - Motion # 2125-98 - : 9810 08 P&D 27) Bylaw No. 338-98 Complete
fB 28) Schedule meetings with neighbouring municipalities - Leduc, Yellowhead, Parkland, Wetaskiwin, and Clearwater draft letter for editing October 28/98 Motion # 2226-98 M 29) Request a copy of the agreement between ! Parkland and Telus, as discussed at the Zone 3 Meeting. October 28/98 Motion # 2227-98 30) Letter to Reeve's regarding the downsizing of MLA's in the province -Nov. 8/98 Motion # 222-93 31) Bylaw No. 342-98 - Landfill Debenture Complete fB 32) PIAD to attend Nov. 25th meeting Complete 33) Schedule Meeting with Weyerhaeuser $B 34) Schedule Meeting with Dept. of Labour
- 35) Schedule Meeting with Artie Kos
Updated November 18/98
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PI f r ii?) \ embina Institute for Appropriate Development Box 7558, Drayton Valley, Alberta, Canada T7A 1S7 Ph: 403-542-6272 Fax: 403-542-6464* Ju^m^pii^§ct^el^M^
Municipal District of Brazeau No. 77 P. O. Box 77 Drayton Valley, AB T7A 1R1
November 10, 1998
Attention: MD Council and staff persons and attendees of the MD of Brazeau Council Ratepayer Meeting 1998/10/28
Re: Comments made regarding the Pembina Institute for Appropriate Development(PIAD) at the MD Council Ratepayer Meeting on Wednesday October 28,1998.
Weare writingto express concern and provide clarification for the record regarding comments made by Reeve Bart Guyon about the Pembina Institute'sconcerns aboutthe proposedNorthrock Sour Gas I Processing Plant (11-14-50-8W5M) during an MD Council Ratepayer meeting on October 28, 1998. Upon review of the audiotape recording of the meeting, it isclearto us that the comments made by Mr. Guyon were not an accurate representation ofthe Pembina Institute's view on this matter.
According to the meeting record, it wasstated thatthe Pembina Institute did not have anysignificant concerns except for the desire for the proposed plant to not be visible from the road. The Pembina Institute has not stated concerns about line-of-sight for this reason, rather the Pembina Institute is concerned about additional linear disturbances on the land in question. The reason being that this land is connectedto un cleared areas that are part of the Pembina Rivervalley and therefore likely to be importanthabitat to local wildlife populations of undulates, carnivores, songbirds etc. and that additional linear disturbances could lead to additional habitat fragmentation and habitat degradation.
It is also very important to understand that the Pembina Institute has a number of concerns about small sour gas plant developments in the region, including theNorthrock proposal. The Pembina Institute is concerned that increasing pressure by companies to develop the smaller reserves of gas that still exist in the Drayton Valley area will lead to the proliferation of small gas plants in the area and the associated environmental impacts. Described in more detail concerns regarding potential environmental impacts • include;
Incremental increasein emissions of sulphurdioxide, nitrogen oxides, fine particulatematter, to the airshed. The airshedalready experiences considerable emissions of these parameters from existing sources. Potential impact on human andanimal health, vegetation, and soil.
_ - Fugitive emissions of volatile organic carbon and hydrogen sulphide. Potential impact on human and animal health.
Accidental releaseof hydrogen sulphide gas. Concerned about safety and potential impacts on human and animal health.
Celebrating a decade of environmental action! ,--.-, or 100° DOJ! > •:<• • ^ pi Flaring due to upset conditions. Potential for high concentrations of sulphur dioxide, nitrogen dioxide and H2S atground-level resulting ina'fumigation' effectand potential impacts on human and animal health and vegetation.
Spillsofcondensate, glycol,amine, orotherproducts or process chemicals on site. Potential impact on surface water quality and groundwater quality.
Leakage ofcondensate, glycol,amine, orotherproducts or process chemicals from underground storage tanks. Potential impact on groundwater quality.
We are ofthe view that companies should seekto tie new gas reserves intoexisting gas plants in the region, preferably intothose existing facilities withhighest rates of sulphur recovery, if atallpossible.
Finally, it should be pointed out that the only communicationbetween the PembinaInstitute and MD on thismatter wasabrieftelephone conversation which occurred inAugust. Thisconversation primarily dealt with issueofNorthrock's track record in sitemanagement andreclamation, aswell as a very brief discussion ofthe nature ofthe proposed activity and ofNorthrock's intended public consultation plan. We did not have the opportunity, norwerewe requested by the MD to provide it with detailed written PI comments.
If the MD wouldliketo receive detailed comments from the Pembina Institute prior to public meetings pi) regarding such matters asthis project proposal we would be pleased to do so. Further, ifCouncilors are intending to makestatements about the views and perspectives of the Pembina Institute we wouldrequest that they do so on the basis ofwritten documentation or requestthe participation ofa Pembina Institute representative.
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ChrisySeyerspn-B^aker EnvjrpnmentaH>oIicy Analyst
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MUNICIPAL DISTRICT OF BRAZEAU NO. 77 CASH STATEMENT - OCTOBER
Cash Balance Forward -1,550,520.97
ADD: Deposits 4,745,461.51 Interest - General 5,488.78 - Tax Sale Surplus 17.08 4,750,967.37
p> LESS: Accounts Payable 2,904,816.93 Payroll 160,492.27 3,065,309.20
Adjusted Cash Balance 135,137.20
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Bank Statement Balance Forward General 161,238.92 Tax Sale Surplus 3,801.23 165,040.15
ADD: Petty Cash 300.00 b?> Cash Float 150.00 O/S Deposits 29,522.83 29,972.83
LESS: O/S Payables 58,430.00 O/S Payroll 1,445.78 59,875.78
Adjusted Statement Balance 135,137.20 '—1 f -^^i r^u 11 '-:,::-"ll
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MUNICIPAL DISTRICT OF BRAZEAU NO. 77 INVESTMENT SUMMARY - OCTOBER
CERTIFICATEDATEOF DATEOF INTEREST AMOUNT TYPE INSTITUTION DEPOSIT MATURITY RATE
P06434 06-Oct-98 09-Nov-98 5.55 1,989,720.00 Strip Bond MerrillLynch
1012 30-Oct-98 07-Dec-98 5.48 5,399,211.90 Strip Bond T.D Evergreen
0178 12-Dec-95 14-Dec-98 6.60 3,000.00 Term Deposit T. Branch
0139 15-Feb-94 15-Feb-99 4.25 530.00 Term Deposit T. Branch
TOTAL 7,392,461.90 M 6
" TAXATION CLERK'S REPORT TO COUNCIL
REPORT NO.: TC-98-15 m DATE: November 17,1998
SUBJECT: Transfer ofOutstanding Water Bills to Tax Roll p, Water Acct#ANDECH Roll#000727 Amt $76.20 Water Acct#STEWBY Roll#003244 Amt $76.20
RECOMMENDATION: I havenotified the above two accountsin writingthat unless payment onthe above water accounts was received prior toOctober 30,1998, the outstanding amount would be taken to Council to be transferred to their tax roll. There has been noresponse, therefore I amrequesting approval to do this transfer.
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!pl ^ V0 SKYLIGHT ENERGY RESOURCES LTD. j m BOX 787 j; '•... ! KINDERSLEY SK SOL ISO J u"
November 2, 1998
ATTENTION: Bart Guvon pj M.D. ofBrazeau Box 77 DRAYTON VALLEY AB T7A 1R1 Phone: (403) 542-7777 Fax: (403) 542-7770
Dear Sir: I Re: Double Billing of Linepipe at 3-18-48-10 W5M for 1998 Taxes
P At the end ofJuly, 1998 we received a letter from Imperial Oilaskingfor payment for taxes referring to the above location. At the time I checkedour files and found that we too had already paid for the same line. I calledMelanieHarkness from Imperial Oilin Calgaryand told her that p we had already paid once for it and she should check into it at her end. She did and called me back after checking with her field personnel and they informed her that Imperial Oil had sold the wells to us but had kept that line so Imperialis responsible for the taxes on it and that we should B) call the Municipality and get a rebate. rlcalled that office in Drayton Valley on or around August 5/98 and talked to I believe Carol Lynd. She told me I would have to contact AlbertaMunicipal Affairs because they do the assessingon this. I called Greg Johnson at the Edmontonoffice and finally talked with him at the r beginning ofSeptember and he said that we onlyhad 30 daysto appeal and there was nothing we could do. g£> I left it at that point but the more I thought about it and talked with others I think he maybe miss / understood and maybe didn't realize that this linewas paidby both us (SkylightEnergy Resources) and Imperial Oil. This is a doublebilling and not just a question or error in the m assessment.
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P> PageTwo ^/l M.D. ofBrazeau I Re: Double Billing
I feel weshould receive arebate for this line and have attached acopy of our records for our bill and also a copy ofthe information Melanie from Imperial Oil had sent me. Also note that I have checked the previous year also to see ifwe have always been charged for this since wepurchase the package from Imperial Oil but found weweren't charge for 1997 so I'massuming Imperial Oil was charged last year and now for some reason wewere both charged for 1998 tax year. I nevercheck back any further than that.
Please advise me ofyour decision in this matter.
If you have any further questions please don't hesitate to call me at (306) 463-6066 from 10:00 a.m. - 4:00 p.m. Sask time. p>
Yours truly,
Deb Holland Office Manager
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p^ Wi p* 237 4TH AVENUE S.W. CALGARY, ALBERTA T2P 0H6 JUL 2 8 JULY 20,1998 SKYLIGHT ENERGY RESOURCES LTD. C/O HOLLAND'S HOT OILING LTD. BOX 787 KINDERSLEY, SASKATCHEWAN SOL ISO ATTENTION: PAT HOLLAND •pj DEAR SIR: RE: INVOICE NUMBER D31998P003 THE ATTACHED INVOICE FROM IMPERIAL OIL RESOURCES LIMITED RELATES TO 1998 PROPERTY TAXES WHICH YOUR COMPANY NOW HAS RESPONSIBILITY FOR EITHER THROUGH OWNERSHIP OR OPERATOR SHIP CHANGES. WE WOULD ASK THAT PAYMENT BE ISSUED INCLUDING THE INVOICE NUMBER WITHIN 30 DAYS TO: IMPERIAL OIL RESOURCES LIMITED ACCOUNTS RECEIVABLE 237 4TH AVENUE S.W. CALGARY, ALBERTA T2P0H6 SHOULD YOU HAVE ANY QUESTIONS REGARDING THIS MATTER, PLEASE CONTACT OUR PROPERTY TAX DEPARTMENT AT 237-3069. YOURS TRULY, /}CCf A M. HARKNESS PROPERTY TAX ADMINISTRATOR ^UA^& *:*l/ JO ^ v. n; JEssd) Imperial Oil IMPERIAL OIL RESOURCES LIMITIED 237 4TH AVENUE S.W. CALGARY, ALBERTA T2P 0H6 INVOICE TO: SKYLIGHT ENERGY RESOURCES INVOICE NUMBER: D31998P003 INVOICE DATE : 20-Juk98 THIS INVOICE REFLECTS THE 1998 PROPERTY TAXES OWING ON THE FOLLOWING PROPER! Entity Municipality Description / Location- Tax Ent Type Code 1998 Assessment 1998 Property Taxes MO OF BRAZEAU NO 77 03 18 048 10 516 21 048 167.030 3.097.74 167.030 INVOICBJOTAL PAYABLE: $3,097.74 1_X §^ &^ t l=w E_^ i__ i. /litvnkiftal (iki\//(ic( a/ COMBINED ASSESSMENT &$'ia#ecm -Ad. 77 AND TAX NOTICE MAILING DATE FINAL DATE OFCOMPLAIN! April 17, 1998 May 20, 1998 P.O. BOX 77. 5516- INDUSTRIAL ROAD, ROLL NUMBER OWNER NUMBER TAXATION YEAR DRAYTON VALLEY, ALBERTA, T7A 1R1 PHONE: (403) 542-7777 EDM. DIRECT: 428-7826 FAX: (403) 542-7770 102700 007315 1998 MUNICIPAL AOORESS SCHOOL SUPPORT Public: 100.00% ESSO RESOURCES CANADA LTD. Separate: 0.00% Public Undeclared: 0.00% PROPERTY TAX GROUP EP W Separale school declarations may only be made within a designaled separate school district 38 FL, 237-4 AVE. S.W. COPIES SENT TO. CALGARY, AB T2P0H6 Canada To register a complaint with the Assessment Review Board, 'ill out details on reverse detach and mail this portion. ASSESSMENT & TAX NOTICE FOR ROLL #: 102700 LEGALDESCRIPTION ANDASSESSMENT QTR.-LSD/SECmVP/RGE/M LOT/BLOCK/PLAN OTHER ACRES PIPELINE 5 ESSO RESOURCES CANADA LT 0.000 ASSESSMENT CATEGORY LAND BUILDINGS/IMPROVEMENTS EXEMPT TOTAL ASSESSMENT Pipeline CPA $1,027,840 $101,008,680 $0 $102,036,520 $0 $0 $0 $0 $0 $0 $0 $0 1 $0 $0 $0 $0 TOTALASSESSMENT $1,027,840 $101,008,680 $0 $102,036,520 TAKE 'JOTICE that you areassessedas shown lorthetaxation year. The Assessment Roll isopen lorreview at the MD oflice during regular business hours In accordance with Sectic 307 ofthe Municipal Government Act. any person may inspect the Assessment Roll during business hours. If you wish to object to yourassessment or any assessment, you mui within thirty (30) days of the mailing date of the Assessment Notice lodge your complaint in writing to this Oflice (See other side for details). • MUNICIPAL TAXES;.. ..; ^$!^$M*®$$-schooli:W^iii!Hdd^jkyi.l!lK«^«ra TAX RATE TAXES TAX RATE Municipal - NonResidential .008400 $857,106.77 School - Linear .009990 $1,019,344.83 $0.00 Requisition Collection Allow. .000156 $15,917.-70 $0.00 $0.00 I $0.00 $0.00 $0.00 . iViw.i $0.0C $0.0C LOCAL IMPROVEMENT CHARGES: $0.0C $0.00 051998 $0.00 $0.0C ITOTAL MUNICIPAL TAXES (A) $857,106.77 | TOTAL SCHOOL TAXES (B) i$1,035,262.5- | CURRENT TAXES(A+B) AOD: ARREARS (CREDITS) TOTAL PAYABLE BEFORE MAY 31 $1,892,369.30 $0.00 $1,892,369.30 A PENALTY OF 1% / MONTH WILL BE APPLIED ON ALL OUTSTANDING BALANCES EFFECTIVE JUNE 1 AND EACH MONTH THEREAFTER UNTIL FULLY PAIC .V-!'^^!— MAIA-212-2 ALBERTA MUNICIPAL AFFAIRS 98/05/16 \ PAGE 1977 INDUSTRIAL ASSESSMENT PIPELINE LINEPIPE ASSESSMENT LISTING BY ASSESSEE/HUNICIPALITY FOR ASSESSMENT YEAR 1997 GENERAL ASSMT YEAR: 1996 MANUAL YEAR: 1984 ASSMT = AMOUNT X (RATE * 0.75 (DEPRECIATION) x 1.330 (STEEL FACTOR) x 1.00 (SLF)) C NUNC ASEE ITEM • GS LICENSE COMPANY LS SC TWP RG M LS SC TWP RG M TYPE P DIAM MSE LN/AMT RATE ASSESSMENT 0383 3826 2420 T2396 14 27 049 11 5 03 28 049 11 5 WATE O 88.9 S 2399 23.80 0383 3826 2430 T2457 08 28 049 11 5 07 28 049 11 5 WATE O 88.9 S 250 23.80 0383 3826 2440 T4032 09 26 050 10 5 10 26 050 10 5 GAS O 114.3 S 209 30.50 0383 3826 2450 T4032 01 32 050 10 5 01 35 050 10 5 WINJ G 114.3 S 4799 30.50 0383 3826 2460 T2457 13 22 049 11 5 03 28 049 11 5 HSUP O 88.9 S 1600 23.80 0363 3826 2470 T6077 07 13 050 11 5 08 13 050 11 5 HINJ G 60.3 S 520 21.00 0383 3826 2480 T4032 06 03 050 10 5 02 35 050 10 5 GAS G 168.3 S 3720 39.30 0383 3826 2490 T2396 03 28 049 11 5 03 28 049 11 5 GINJ G 88.9 S 158 23.80 0383 3826 2500 19633 T4032 08 25 049 11 5 03 28 049 11 5 GINJ G 88.9 S •- 6330 23.80 0383 3826 2510 16120 T2487 03 28 049 11 5 09 06 050 11 5 HINJ G 60.3 S ~5053 21.00 0383 3826 2520 18250 T6112 03 28 049 11 5 06 03 050 11 5 GINJ G 114.3 S 3943 30.50 0383 3826 2540 17600 T6135 06 28 049 11 5 01 34 049 11 5 SEC G 168.3 S 3432 39.30 0383 3826 2550 T4202 08 12 050 11 5 06 06 050 10 5 SEC 60.3 P 2439 12.20 0383 3826 2570 T4028 06 12 050 11 5 01 34 049 11 5 FLOW G 86.9 S 4143 23.80 0383 3826 2580 7968 T2401 02 35 050 10 5 02 03 051 10 5 SEC O 114.3 S 2857 30.50 0383 3826 2590 8355 T2401 02 35 050 10 5 02 03 051 10 5 GAS G 168.3 S 2470 39.30 0383 3826 7610 15 T4202 12 14 050 11 5 08 10 050 11 5 SEC G 114.3 S 1600 30.50 0383 3826 7620 5170 AHA 96 08 21 049 11 5 14 21 049 11 5 SEC O 60.3 SA 1560 21.00 0383 3826 7630 3217 AMA 96 04 05 049 09 5 05 33 048 07 5 SEC G 88.9 SN 21300 23.80 0383 3826 7640 3217 AMA 96 13 22 049 10 5 04 05 049 09 5 SEC G 88.9 S 8900 23.60 0383 3826 7650 20823 AMA 96 03 18 048 10 5 16 21 048 10 5 SEC G 114.3 S 5490 30.50 0383 3826 7660 8355 AMA 96 01 35 050 10 5 04 27 049 10 5 SEC G 168.3 S 12180 39.30 0383 3826 7670 7968 AMA 96 02 35 050 10 5 06 02 050 10 5 SEC G 168.3 S 7510 39.30 ^83 3826 7680 3727 AKA 96 06 09 050 10 5 06 02 050 10 5 SEC O 60.3 S 5260 21.00 j W j,-.^,;., fc^ta. iL^, L^ fL tftntirt'Jiftt j (-iftic/' oj uumDMVLU MOOtlOOIVlCtH I It - tfi'myeatt' >Ao. 77 AND TAX NOTICE MAILING DATE April 17, 1998 PLAIN! • mWW P.O. BOX 77, 5516- INDUSTRIAL ROAD, DRAYTON VALLEY, ALBERTA, T7A 1R1 UMBER W N YEAR PHONE: (403) 542-7777 EDM. DIRECT: 428-7826 FAX: (403) 542-7770 oo?«MBH 6ms fl MUNICIPAL ADDRESS Public: SCHOOL SUPPORT 100.00% SKYLIGHT ENERGY RES. LTD. Separate: 0.00% Public Undeclared: 0.00% Separate school declarations may only be made within a designated separate school district BOX 787 COPIES SENT TO' KINDERSLEY, SAS S0L1S0 Canada To register acomplaint with the Assessment Review Board, fill out details on reverse detach and mail this portion ASSESSMENT &TAX NOTICE FOR ROLL #: 007430 i LEGAL DESCRIPTION AND ASSESSMENT 1 OTR.-LSD/SEC/TWP/RGE/M LOT/BLOCK; PLAN OTHER AC.RES PIPELINE 5 SKYLIGHT ENERGY RES. LTD. BSoo ASSESSMENT CATEGORY LAND BUILDINGS/IMPROVEMENTS EXEMPT TOTAL ASSESSMENT Pipeline CPA $17,520 $2,562,260 $0 $2,579,780 I $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 L TOTAL ASSESSMENT $17,520 $2,562,260 $0 $2,b/9,/80 i, m Ir n f1? 6taXatl°n year The Assessmenl Ro11 is °Pen '<"" review at the MD office during regular business hours. In accordance with Section within1„ thirtyrh nf(30) days ofrmenthe mailingCtHTdate of?er°:the AssessmenimaV mSpe(?Noticethe AsSeSSmentlodge your complaintR0" dl,ringinbusinesswriting tohours"this Officelf W(Seewishothert0 ob)ectside for<° *>"'details)^ssment or any assessment you mt MUNICIPAL TAXES SCHOOL TAXES/OTHER REQUISITIONS TAX RATE TAXES TAX RATE TAXES Municipal - NonResidential .008400 $21,670.15 School - Linear .009990 $25,772.00 $0.00 Requisition Collection Allow. .000156 $402.45 $0.00 $0.00 ) $0.00 $0.00 $0.00 $0.00 LOCAL IMPROVEMENT CHARGES: $0.00 $0.00 $0.00 $0.00 $0.00 '- TOTAL MUNICIPAL TAXES (A) $21,670.15 TOTAL SCHOOL TAXES (B) $26,174.45 CURRENT TAXES(A+B) ADD: ARREARS (CREDITS) TOTAL PAYABLE BEFORE MAY 31 i $47,844.60 $0.00 $47,844.60 APENALTY OF 1% / MONTH WILL BE APPLIED ON ALL OUTSTANDING BALANCES EFFECTIVE JUNE 1AND EACH MONTH THEREAFTER UNTIL FULLY PAID. i fd WyS/ ^o?y& MUNICIPAL DISTRICT OF BRAZEAU NO. 77 P.O. BOX 77, 5516 INDUSTRIAL ROAD, nRAYTDM VAI I FY Al RFRTA T7A 1P1 Return this portion with payment to the above municipal address ADUHI SS CORIItSPONi cC\ AltttiHtMUNICIPAl Al£ PIPE LINE ASSESSMENT NOTICE flPl UNI ASStSSMF.NI S{- I/IMIIOOH. COMMtHCl.K' SPT Liberia ioiss- lo^siHttr t» EDMONTON. AtBCIIfA TSJ4|1 Pi 111 MUNICIPAL AFFAIRS ;i2j- .»**'• . 0 Y EAR 19) THE MUNICIPAL GOVERNMEH ASSESSEE I 1994 CHAPTER M-26.1 TH CODE NAME AND ADDRESS 257. 0 , 8601 SKYLIGHT ENERGY RESOURCES LTD P 0 BOX 787 IN ACCORDANCE WITH SECTION 308(2.1) OF T, KINDERSLEY SK ACT, THE MUNICIPALITY MUST RECORD ON li SOL ISO ASSESSMENT ROLL THE INFORMATION IN Thij. ASSESSMENT NOTICE. THE ASSESSMENT ROlL MUST ALSO SHOW LINEAR PROPERTY AS ASSIGNED AN ASSESSMENT CLASS OF 'CLASS 2 - MUNICIPALITY 1 NON-RESIDENTIAL', AND ASSESSABLE FOR ALBERTA SCHOOL FOUNDATION FUND PURPOSES. CODE NAME AND ADDRESS 0383 M.D. OF BRAZEAU NO. 77 NOTE: THE ASSESSOR DESIGNATED BY THE BOX 77 MINISTER HAS MAILED THIS NOTICE TO THE DRAYTON VALLEY ASSESSEE AND TO THE MUNICIPALITY. ALBERTA. T7A 1R1 AN APPEAL FROM THIS ASSESSMENT MAY BE MADE BY SERVING ON OR SENDING BY REGISTERED MAIL TO THE MUNICIPAL GOVERNMENT BOARD AT THIS ASSESSMENT NOTICE COVERS THE FOLLOWING PROPERTIES FOR THE 15TH FLOOR. COMMERCE PLACE. 10155-102 ST. 1998 TAXATION YEAR FOR THE PERIOD NOVEMBER 1ST, 1996 TO EDMONTON, ALBERTA, CANADA T5J4L4. A NOTICE OCTOBER 31ST, 1997. SEE THE ATTACHED COMPUTER LISTING FOR DETAILS. THEREOF IN WRITING AND-STATING REASONS FOR THE SAME. WITHIN'^0 DAYS AFTER THE DATE OF MAILING. \^^ J TOTAL WELL ASSESSMENT $ 2,137,830 ^ TOTAL FLOWLINE ASSESSMENT $ 257,400 A TAX NOTICE WILL BE ISSUED BY THE TOTAL LAND ASSESSMENT $ 17,520 J MUNICIPALITY TO THE ASSESSEE. ... , 1 -^ LINEPIPE ASSESSMENT ----^> $ j^" 167,030 TOTAL ASSESSMENT 2,579,780 IERRY HUSAR ASSESSMENT NOTICE MAILED FROM EDMONTON TGNATED ASSESSOR MARCH 11TH, 1998 MA04 ASSESSEE*S COPY i_^ %=^j t__> i^t i_; i^ THE MUNICIPAL GOVERNMENT ACT AOOHESS CORRESPONDENCE TO: albertSS PIPE lii 1994 CHAPTER M-26.1 JJTH FL^ 10155 - \{ Abana EDMONTON DB MUNICIPAL AFFAIRS ASSESSMENT YEARl TAXATION YEAR CODE ASSESSEE NAME ASSESSMENT SUMMARY OF • 8601 SKYLIGHT ENERGY RESOURCES LTD DATE OF ISSUE 98/0! MADE PURSUANT TO SECTION 292 OF THE ABOVE ACT. PAGE^ TAX ROLL CODE MUNICIPALITY NAME NUMBER X TOT/ 2137830 l57r 0383 M.D. OF BRAZEAU NO. 77 A tv ..* \ vy r 4\ V !V r j e S TOTALS • 2137830 257400 17520 167030 2579780 ^~ \\ J NOTE* X INDICATES A REVISION OR NEW ITEM ASSESSEE(S COPY MA06 * AND ZERO IN ASSESSMENT TOTAL INDICATES A DELETION %^^ |L fe ft 1^ H^> IL-. 1^ *' \(L^, PAGE St ___. 98/02/1. ALBERTAMUNICIPALAFFAIRS \ HAIA-212-2 INDUSTRIAL ASSESSMENT \• LINEPIPEASSESSHEN?USTINOBYASSESSEE/HUNICIPALITY V >T> LINEP FORASSESSMENTYEAR1997 "S^ STV^RATE,:%TsTDEpYRlACXATIOHr-.!.». «™LTACTOR.. l.M ^v c **r X v ro ro • •o (39 T^ f—.. =sy (fc §< \V ACTING PLANNING, DEVELOPMENT & LAND OFFICER REPORT TO COUNCIL REPORT NO.: D 0-153-98 DATE PREPARED: NOVEMBER 17,1998 DATE TO COUNCIL: NOVEMBER 25,1998 SUBJECT: APPLICATION FOR AMENDMENT TO LAND USE BYLAW 109-90 PROPOSED BYLAW NO. 343-98 LOT 1, BLOCK 10, PLAN 982 0064 (HAMLET OF LODGEPOLE) FROM RURAL INDUSTRIAL LAND USE DISTRICTING TO HAMLET COMMERCIAL LAND USE DISTRICTING APPLICANT/ OWNER: PAM AND JOHN BRUCE OUR FILE: 98A-06 IK REPORT: This Application was tabled by Council at the previous scheduled meeting with a direction to the Acting Planning, Development & Land Officer to meet with Alberta Environmental Protection (Forestry Division) and Lodgepole Steering Committee to determine what effect the re-zoning of the lands will have. On November 17th, 1998, John Bruce informed our office that he wished to withdraw his Application. This being the case, there is no need for Council to further review this Application, but would like to leave with Council a copyofa letter received from the Lodgepole Steering Committee. NOV-1T-9S TUE 01159 PM PflRTSMflRT 403 89<* 2226 P. 02 [p <\ Nov 17,1998 LodgepoleSteering CommitteeMeeting Held at Wiltse Residence 7:30 PM T*W"VT~l—^^^^»B/»IB»«!»•»» Present: Garry Wiltse, Donna Wiltse. Susan O'Connor. Brent Erickson and Cheryl Belchamber. Meeting Objective: - Itwas brought tothe Steering Committee's attention that John andPam Brucewishlohave(he lot that they purchased (Block 10 lot I) re-zoned from Industrial to Commercial. The topic ofrczoning came •**--," ^rv lengthy discussion took placeon why the Forestry Office was involved with lands that havebeen already purchased. It is the steering committees objection to have this rectified. We were ofthe understanding that the MD had full jurisdiction over owned lands. It is felt that Forestry's only concern with property that has alreadybeen sold is that ofan adjacent landowner. The committee feelsifwe are payingtaxesto the MD thatthe MD shouldbe the sole Land Management for these properties. When the Lodgepole Steering Committee was fonned it was our main objective to get the lands within the Hamlettaken care ofby one agency, although we have made allotof progress we stillseemto be dealing withtwo agencies. We relize thatwe are a Hamlet within the Green Zone however Forestry Officials arenot Planningand Development Officers, they are LandUse Officers in the context ofResourceManagement within the green zone, this means Oil, Gas, Gravel, Logging etc. It is ourunderstanding they have no training in Planningand Development ofHamlets or Towns. Pleaseadvise the Steering Committee ofany actionthey can take to correctthe continued aggravation ofdealingwith two agencies overlands within the Hamlet Decision of Steering Cer- i'r?* regarding Re-zoning The consensus ofthe steering committee felt it was not in the Hamlets best interest to have this lot re-zoned. After a lengthy discussion the steering committee felt it best to callJohn and or Pam to explain ourreasoning. 1. The reason for having industriallots in the urea, was lo keep all heavy equipment and industrial use in one area. 2. We kept the lots at a larger si*e when subdividing to accommodate industrial use. 3. Because ofindustrial use already in this area,it would not be fair to bring in Commercial with frequent traffic. ^ NOV-17-98 TUE 02:00 PM PflRTSMPRT 403 894 2226 P. 03 L \* m 4. Industrial Equipment can bedangerous to people with no knowledge ofit: I e.g.; Following closely behind asemi truck, not giving asemi enough room to make corners. Children coming and going to commercial property, seeing big equipment m thatmaylook fun to play on. John came to themeeting at9:00 PM. Afterexplaining our thought ontheissue John £o agreed with our concerns and thought hewould probably withdraw his application for re- zoning He felt that itwas probably in bis best interest tokeep itindustrial, as itturns out what he will beusing the land for inthe future will actually be industrial. ^i Wf k. 55? pv Y* Jp) ACTING PLANNING, DEVELOPMENT & LAND OFFICER REPORT TO COUNCIL REPORT NO.: D 0-154-98 DATE PREPARED: NOVEMBER 19,1998 DATE TO COUNCIL: NOVEMBER 25,1998 SUBJECT: DRAYTON VALLEY AIRPORT VICINITY PROTECTION AREA REGULATION REPORT: As advised in the attached correspondence, Alberta Municipal Affairs, Municipal Services Branch, has now Repealed the provincially regulated Airport Vicinity Protection Area for Drayton Valley effective December 31,1998. As previously advised, our Land Use By-law was to be amended to reflect an addition of Municipal regulations for the Drayton Valley Airport Protection Area. We are now in a situation where this amendment is an urgent matter. It is requested that the Acting Planning, Development and Land Officer be directed in this regard. r r sS) IF I&p&^ygf •» ^Jrjnfl ffr- Municipal Services Branch Commerce Place In Replying Please Quote: fb •^p^ 10155-102 Street Edmonton, Alberta Canada T5J 4L4 October 22, 1998 Mr. Ken Porter #> Manager Municipal District of Brazeau No. 77 Box 77 Drayton Valley, Alberta T7A1R1 Dear Mr. Porter: In April 1998, I reminded you that the Drayton Valley Airport Vicinity Protection Area Regulation was scheduled for repeal at the end of this year. The Lieutenant Governor in Council has since approved the Airport Vicinity Protection Area Repeal Regulation which repealed this Regulation effective December 31,1998. •pr A copy of Order in Council No. 207/98 is enclosed for your records. ftf Yours truly, •^"wMvry^ v Gordon Hannon AVPA Regulation Coordinator Enc. w © Printed on Recycled Paper O.C 207/98 I- 9S MAY 2 0 1998 Province ofAlberta Order in Council ORDER IN COUNCIL Lieutenant Governor The Lieutenant Governor in Council makes the Airport Vicinity Protection Area Repeal Regulation set out in the attached Appendix. i$?r i For Information only ydlbsrra Recommended by: Minister of Municipal Affairs Authority: Municipal Government Act (section 702) APPENDIX fr Municipal Government Act AIRPORT VICINITY PROTECTION ^ AREA REPEAL REGULATION *, 1 The following Regulations are repealed: (a) Beiseker Airport Vicinity Protection Area Regulation (AR 289/85); (b) Boyle Airport Vicinity Protection Area Regulation (AR7/89); (c) Canmore Airport Vicinity Protection Area Regulation (AR 110/91); (d) Drayton Valley Airport Vicinity Protection Area Regulation (AR 22S/89); (e) Drumheller Airport Vicinity Protection Area Regulation t^ (AR 21802); (0 Forestburg Airport Vicinity''Protection Area Regulation m (AR 78/87); (g) Fort McMurray Airport Vicinity Protection Area P Regulation {AR 73/93); (h) Fox Creek Airport Vicinity Protection Area Regulation (AR 198/88); p CO Grande Cache Airport Vicinity Protection Area Regulation f (AR 199/88); p © Grande PrdrU Airport Vicinity Protection Area Regulation (AR239/84); g (k) //flrtfiO' ^at Wdnio* Protection Area Regulation f (AR 69/92); P 0) #fcA «vw Ai/port Vicinity Protection Area Regulation * (AR 44/87); [§p (m) KittamlSedgewick Airport Vicinity Protection Area Regulation (AR 13/87); r' ^ $ 2l80407f47fl (o) Lloydminster Airport Vicinity Protection Area Regulation f (AR 197/91); m (p) Mayerthorpe Airport Vicinity Protection Area Regulation [ (AR 108/85); jF (q) Medicine Hat Municipal Airport Vicinity Protection Area f Regulation (A& 227/91); P (r) Peace River Airport Vicinity Protection Area Regulation L (AR 111/88); pi (s) Pincfcr Creek Airport Vicinity Protection Area Regulation (AR 227/89); w\ (t) Red Earth Airport Vicinity Protection Area Regulation (AR 228/89); (u) Sjrfrif JWver Airport Vicinity Protection Area Regulation (AR 131/93); (v) Valleyview. Airport Vicinity Protection Area Regulation (AR 200/88); r (w) Vermilion Airport Vicinity Protection Area Regulation (AR 198/91); (x) Wainwright Airport Vicinity Protection Area Regulation r (AR 366792). pi 2 This Regulation comes into force attheendof December 31, 1998. m S) Q2J80407f47fl SB SURFACE RIGHTS LEASE REVIEW COMMITTEE MANDATE 1) To negotiate pleases Cl ^ ^' \\ Agreements are to be signed by committee members and Administration 3) Circulate the information negotiated to Councillor for the affected division 4) New wells are to be approved by Council 5) Negotiation information circulated to Council 6) Sour gas facilities or well requests require Council approval Public consultation is to be done before signing lease agreements for a sour gas facility " 7j All of Council become the Committee. Two committee members can be authorized to negotiate all leases on behalf of the committee. Council is to approve the final lease before it is signed. • - • - i p MUNICIPAL DISTRICT OF BRAZEAU NO. 77 # 1 BYLAW NO. 336-98 P BEING A BYLAW OF THE MUNICIPAL DISTRICT OF BRAZEAU NO. 77, IN THE PROVINCE OF ALBERTA TO PROHIBIT ACTIVITIES CREATING NOISE AND TO p PROHIBIT EXCESSIVE NOISE. - WHEREAS, Section 160 (1) (a) (g) and Section 160 (2) of the Municipal Government Act provides that the Council of a P> Municipality may pass bylaws for the purpose of prohibiting, eliminating or abating noise, and establishing permissible noise levels forall or varying periods ofthe day, inall or a designated part or location of the Municipality. I NOW THEREFORE, the Council ofthe Municipal District of Brazeau No. 77 enacts as follows: 1) This bylaw may becited as"the Noise Control Bylaw". P 2) In this bylaw including this section, i a) "COURT" means the Provincial Court ofAlberta; b) "MUNICIPALITY" means the Municipality of the Municipal District of Brazeau No. 77 and the area contained within its boundaries as the context ^ requires; c) "PEACE OFFICER" means a member of the R.C.M.P. rora Municipal District of Brazeau No. 77 Public Safety Officer; d) "RESIDENTIAL BUILDING" means a building, which is p constructed as a dwelling for human beings and [ includes a hotel. m GENERAL PROHIBITION t 3) a) Except to the extent it is allowed by this bylaw, no person shall make, continue, cause to be made or p allow to be made or continued any loud, unnecessary or unusual noise or any noise whatsoever which unreasonably either annoys, disturbs, injures, endangers or detracts from the comfort, repose, f health, peace or safety of other persons within the I boundaries of the Municipal District of Brazeau No. 77. There should be a marked departure from the P norm, of which would offend a reasonable person given all of the circumstances. FI $> pi b) "Loud Noise" any excessive noise other than noise which is associated with normal agricultural or industrial pursuits, which disturbs, annoys or endangers the comfort, SS) repose, health, peace or safety ofothers. "Loud noise", an "unnecessary noise", or an "unusual p) noise" or a noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or ^ safety ofothers isa question offact for a court of competent jurisdiction which hears a prosecution of p an offence against this bylaw. c) Where an activity which is not specifically prohibited or restricted by any provision of any legislation or PI regulations of Canada or of the Province of Alberta or by any provision of this bylawinvolvescreating or making a sound which i) is or may become, or ii) creates or produces or may create or produce a disturbance or annoyance to other people or a danger to the comfort, repose, health, peace or safety of others, a person or persons engaging in such an activity shalldo so in such a manner as to create as little of such sound as practicable under the circumstances. CONSTRUCTION NOISES «, 4) Unless written permission from the proper designate ofthe Municipality is obtained; a) No person shall carry on the constructionof any type P of structure which involved hammering,sawing or the use of any mechanical tools or equipment capable of creating a sound which may be heard in any m residential subdivision beyond the boundaries of the site on which the activityis being carried on after the hour of eleven o'clock in the evening of any day. •p» b) This section does not applyto a bonefide farmer in the process of carrying out farm operations nor any person with a Development Permit, which may permit that person to carry out a developmentso, described. c) Notwithstanding any other provisions of this bylaw, nothing in this bylaw shall prevent or prohibit the operation or carrying on of an industrial activity or the performance or carrying on thereof during the day or night or any part thereof in any area classed as an industrial district where the activity is one which 0 is a permitted use as is defined in the Municipal Land Use Bylaw for the Municipality in which the use is being carried on, or is a discretionary use for which the required permission has been granted pursuant to such bylaw; p ii) is a non-conforming use as is defined in the Municipal Land Use bylaw for the Municipality in which the use is being carried on. d) In the Operation or carrying on of an industrial activity cited in sub-section (1), the person operating or carrying on that activityshall make no more noise than is necessary or customary in the normal method of performing or carrying on of that activity. 5) When a Peace Officer has reasonable grounds to believe a violation of this bylaw exists, he may enter, without warrant, any dwelling house or other property and therein seize and confiscate as evidence any noise-making devices or items he believes may have been used to violatethe provisions of this bylaw. 6) Any noise-making devices or items seized and confiscated under Section 8, may be held by the confiscating peace officer until the expiry of all judicial process at which time the said devices and items shall be returned to the rightful owner. 7) A Peace Officermay enter any land, buildings or premises to inspect for conditionsthat may constitute a nuisance or contravene or fail to comply with the terms ofthis bylaw. 8) a) Except as otherwise provided in Section 9, a person shall not use or operate or allowto be used or operated loudspeakers, public address systems, other devices for the amplification of sound or musical instruments or devices. b) Where a person occupies premises abutting a highway, he shall not operate or allow to be operated P a device or instrument mentioned in sub-section "a" of this section, at such a pitch, intensity or volume that its sound creates an annoyance on the highway. ? p c) Where a person occupies premises abutting a highway or a dwelling, he shall not make or cause to be made or allow another person within or upon the premises to make any unusual or unnecessary noise (p which will disturbor is likely to disturb persons in his neighborhood or apartment building, whether of his own volitionor because of a party or gathering on his premises between the hours of 12:01 o'clock am, and 7:00 o'clock am. d) Subject to the provisions of Section4, a person shall not advertise a sale, auction, exhibition or » entertainment, a religious or politicalassembly or any other event or occurrence, whether similar or dissimilar by shouting, crying aloud, blowing a horn or other instrument or by the creation of a disturbance or noise on or in audible distance from a highway. e) Exceptas otherwise provided in Section 4, no person shall operate or allow to be operated, construction equipment of any kind between the hours of 11:01 o'clock pm and 7:00 o'clock am. f) No person shall permit the engine of a motor vehicle of a maximum allowable weight or licensed weight ofover 7000 kgs. (1 ton) to run for a f period of time in excess of fifteen (^5) minutes in any ty) I residential area between the hoursof 11:01 o'clock pm and 7:00 o'clock am. r9) Council or the Municipal Manager maygrant written permission to anyperson for the useof loudspeakers, public address systems, or other devices for the amplification of p sound or musical instrumentsor devices or the like with conditions such that the noise created will not unduly interfere with the health, peace and safety of others. 10) No provision ofthis bylaw shall apply to or be interpreted to prevent: a) the ringing of bells in churches, religious establishments and schools b) the sounding of a general or particular alarm or warning to announce a fire or other emergency or disaster. p c) sounding ofsirens onemergency response units d) the sounding of horns on motor vehicles and bicycles lawfully upon the streets, for the purpose of and to the extent necessary to give signals or warnings to persons and vehicles using the highways tf 11) No one shall carry on activities, which create excessive noise other than noise associated with industry or agriculture, which may be heard in any residential subdivision or Hamlet after 11:00 pm. Upon investigation ofany complaint and ascertainment of excessive noise, the bylaw enforcement officer will give one warning. Subsequent complaints during the same time-frame will be issued citations and will be assessed a fine. P PENALTIES 12) The Council hereby prescribesthe specified penalty payable in respect of a contravention of this bylawshall be as stipulated in paragraph 12 of this bylaw. 13) Every personwhocontravenes any provision of this bylaw is guilty of an offence and liable on SummaryConviction: a) fora first offence to a fine of $100.00 exclusive of costs b) fora second offence to a fine of $200.00 exclusive of costs f^) c) fora third and subsequent offence to a fine of $400.00, exclusive of costs 14) For the purposes of procedure and prosecution underthis bylaw, the provisions of the Criminal Code, respecting summary conviction, the Canada and Alberta Interpretation Act, the Municipal Government Act of the Revised Statutes of Alberta and the Provincial Offences Procedure Act of the Revised Statutes of Alberta, and amendments thereto are hereby adopted. 15) Acertificate or document signed by the Municipal Secretary stipulating any particular relative to this bylaw shall be admitted in evidenceas prima facie proofof the facts stated in the certificate or document, without further proof of the signatureor authority of the person signing the certificate. 0js\ r ^o THEREFORE, Bylaw No. 100-90 shall be repealed upon the final passing r of Bylaw No. 336-98. READ a first time this day of , 1998. READ a second time this day of , 1998. READ a third and finally passed this day of , 1998. Reeve Municipal Manager ™j IS pE| UZ£S^3UJT2^ %\ October 30,1998 MD ofBrazeau No. 77 •s Box 77 Drayton Valley, AB T7A 1R1 ATTENTION: Reeve and Council v RE: Fire Hall/Exchange ofServices The Council ofthe Village ofBreton understands that the MD of Brazeau isnot interested inand not able to purchasethrfTr^hTOatJhis time. This matter has been considered extensivelyand,Council,has agreed upona possible option. The Village is willingfto consideraTtrade.w;th,theJvIDSl^sirade^vould involve giving the Breton Fire Hafl ^the|MD iniretiirn fid^y^0^^ time, the Village is simply wondefmg^Wfip^Suld be interested irftiu^^e|6|frade^ If the MD's response is positive^n^iHage Council ™<™M ^ tn meet withlhe MD Council to discuss the de&ls^piis^c%fion. 'i% Thank you forI takuiigm thetime to consider ihisjdea. We look'forwaMto hearing your reply. ^•wrm H £ Sincerely, is 62 F? S$ •p? ^&3 I Charlene F ?eson Municipal ximimsfrator If-1^- - fT>^'"-;/— .., \< hcf\£' &Loo0aL ,^£fri^b Tr+t^ u-e-rrif.Te~ lO fe^'f:> ^ OS TO &nObc • p> iBl f • • -" . ^ *•-- . PoT7i^<& i^rioOfetj ^Siou ,,o |-,-'*, o^-«••*-• .'3c>ot5tr T" *- Yo^f^ -f^"7"" A>vxorc3 f\p.a. go 1 (j) 5>(%t>] — flrc".o£o/ ,-, A -^ rn^ Cost <£>^ {3ch.„ p ; Cfi) - t+i62c- 10 j>£'cl^ £*x»gn Zoom no r/r^ ^ ? — <^ -X>o^' T /-'-> /0©T ^ St*£ - 'p? =H4P)T Ode: I)i^rrL •pi N/J- 5>V/n Q?) THIS VvR^c^- Po^f^ " -t» i?Ot?l t _ 1 fcftOxb Mu^-i piC^/2. rf" £3*^ (T 6t/0;Lr> £^ v Pi n ^r^ -Av ec CS ( j C2) L-f^'F (&'>" f-~'oT Le >'-'-*// ' J"/,Q;5f( - /y SmSi£.T-^< rr'f, ^yUf^ <^jb-^ •—•^ /O ^\i. /oo'T A fUc F (70K. t.oouj u&v\p(T ) /jcv^ j pi mi I V -"T Drayton Valley & District Agricultural Society Pi Box 6985 Drayton Valley, AB T7A1S3 542 - 2268 Fax 542 -7388 Oct 21,1998 p The MD ofBrazeau # 77 Drayton Valley, AB. P Attention: The Council Dear Councillors: i Re: Alberta Horticultural Show Awards Night Aug. 14,1998, Curling Rink Lounge * On June 19,1998 our secretary wrote and delivered an invitation for the Municipal District to attend the above mentioned Awards Night It was an honor to pi have this Horticultural show in Drayton Valley. Our society volunteered to have it in Drayton Valley to promote agriculture in our area. It was very disappointing not SB) to have any one show from the Municipal District which, also, should be promoting agriculture. Tom Thurber and Moe Hamdon came and The Municipal District was n conspicuous by their absence. Yours truly, Neil Norton A ^^ p President * / 'pi Drayton Valley & DistrictAgricultural Society Box 6985 Drayton Valley, AB T7A1S3 542-2268 Fax 542 - 7388 June 19,1998 MD of Brazeau Drayton Valley, Alberta Attention: Reeve, Mr. Bart Guyon Dear Mr. Guyon The Drayton Valley & DistrictAgricultural Society is please to host the Alberta Horticultural show this year. This exhibition is held every two years. It will be held August 13(entries only), 14, and 15. We are anticipating entries from many parts ofAlberta. The entries will include flowers, vegetables, fruits and field crops. This Alberta Horticultural Show will be hold in conjunction with our annual c Fall Fair. •* We would be delighted to have you and a guest join us for the Awards Banquet on Friday, August 14 in the Curling Rink Lounge at 6.30 pm as our guests. p The evening will consist ofa meal, followed by presentationofawards and a little bit ofentertainment We invite you to say a few words ifyou wish. Please say you will come. p Yours truly, Mary B. MacKenzie m Secretary w> ^ f Administrative Co-ordinator's Reportto Council To: Council Subject: Appointment of Fire Guardians for Areas 1 and 6 Date: November 18,1998 Recommendation: That Council appoint Ben Bustin as fire guardian for p Area 1 and Nick Fraser for Area 6. (see attached map) Report: An advertisement was placed in the local newspaper for the position of fire guardians for areas 1 and 6. 'pi Ben Bustin is the fire guardian appointed for Area 2. He called and stated his interest in covering both Areas 1 and 2. Area I has been without a fire guardian for about a year and previous advertising for the position has not generated interest. Mr. Bustin has been covering both areas for the last year quite satisfactorily. One application for Area 6 has been received from Mr. Nick Fraser who is a retired fireman from the Edmonton Fire Department where he served for 33 years, the last 10 years as Captain. He is retired, living in Birchwood and looking for something to do. pi G\ ;5H^ pj University of Alberta ?; -.-.? ^ „ faculty /of Agriculture, Forestry, & Home Economics Edmonton, Alberta "3 *•:.:,? '!• Office of the Dean ^Hg^ lJL'Cirv3^jj^—.ni J,. 2-14 Agriculture Forestry Centre Canada T6G 2P&-- Telephone (403) 492-4931 * Fax (403) 492-0097 30 October 1998 8Sf Ms. Maureen Schwab Reeve Municipal District of Brazeau P.O. Box 77 Drayton Valley AB T7A 1R1 Dear Ms. Schwab: Thank you for the gift of $50,000 from the Municipal District of Brazeau to support the Breton Plots Endowment Fund at the University of Alberta. This gift has made a significant difference to the endowment, bringing it to over $430,000.00. As you know, the Breton Plots are an important research facility that was established in 1929 and have been a tremendous resource for both farmers and the scientific world ever since. The Faculty is planning a 70th anniversary celebration for the Breton Plots during the iPl Ag Service Tour next year. I hope that you and the members of your Council will join us as I am looking forward to thanking you in person for your support. PI Thank you once again for this generous support of agricultural research and education by the Municipal District of Brazeau. Sincerely, Ian Morrison Dean KF:hs 11' /dlberra I wnv 1s !933 ~jj MUNICIPAL GOVERNMENT BOARD 15th floor. Commerce Place Telephone 403/427-486V 10155 -102 Street Fax 403/427-0986 Edmonton, Alberta Canada T5J 4L4 November 13,1998 TO: All Affected Landowners in the Municipal District ofBrazeau Intermunicipal Dispute between the Town of Drayton Valley and the Municipal District ofBrazeau, Administrative Board Order - MGB 269/98 Enclosed please find a copy of the referenced Board Order for your information and review. This intermunicipal dispute was lodged by the Town of Drayton Valley. The dispute affects land within a two mile area around the Town except for areas across the river. More details regarding the dispute are in the Order and further information will be available within the r next two months. You are being notified because the MD of Brazeau has provided the Board with a list of landowners owning property within thedisputed area. The dispute isregarding theadoption ofa new municipal development plan and the 50 street area structure plan adopted by the MD of Brazeau. The Municipal Government Act requires that theBoard notify all affected landowners. If you have an interest inthe dispute and the new plans, you are entitled to attend future hearings and make representations to this Board. The Board suggests that you contact the MD office if you wishto viewthe plansunder appeal. 'pi There is no requirement for you to attend and make submissions infuture hearings and if you donotwish to receive further mailings please notify our office. If you intend to make verbal or written submissions to the Board or require more information, please contact me directly at 422-8652 orwrite, phone orfax to the address and phone numbers shown onthis letterhead. (My e-mail address is [email protected]). Ypurs truly, tennis Hawthorne Secretariat Advisor cc: -Jack N. Agrios, Barrister and Solicitor ^^Ken Porter, Manager, Municipal District ofBrazeau No. 77 -Richard Haldane, Parlee McLaws -Manny Deol, TownManager, Town ofDrayton Valley Pgen Draybraz *° /dlbcrra BOARD ORDER: MGB 269/98 f MUNICIPAL GOVERNMENT BOARD i FILE: 98/IMD/01 st IN THE MATTER OF THE "Municipal Government Act" (the Act); p AND INTHE MATTER OF an intermunicipal dispute lodged bythe Town ofDrayton Valley. i BEFORE: I1 D. Shelley, Presiding Officer A. Bishop, Member f F. Martin, Member v R. Myroniuk, Secretary I This is an intermunicipal dispute lodged by the Town ofDrayton Valley respecting the adoption of aMunicipal Development Plan and the 50* Street East Area Structure Plan bythe Municipal f District ofBrazeau No. 77. i Upon notice being given to the interested parties, a hearing was commenced in the City of P Edmonton, in the Province ofAlberta, on October 29,1998. BACKGROUND On September 3, 1998, the Town ofDrayton Valley (Town) lodged an intermunicipal dispute r pursuant to Section 690 of the Municipal Government Act, respecting the adoption of four statutory plan bylaws by the Municipal District of Brazeau (MD.). Following lodging of the dispute, it was determined that only two ofthe statutory plan bylaws hadbeen adopted and the -i dispute was then limited to the Municipal Development Plan and 50* Street East Area Structure I Plan. The dispute was further refined by the Townwhen it advised that the issues related to the Area Structure Plan in its entiretyand solely to the two-mile urban fringe ofthe Town withinthe p Municipal Development Plan. The Town has further qualified the two-mile urban fringe, to excludeany areas acrossthe river. P The legislation states that the Board must commence a hearing within 60 days ofreceiving the noticeofappeal or a latertime to which all parties agree. The MD. objected to any extension beyond the 60 day deadline for commencing the hearing, which prompted the scheduling ofthe P commencement ofthe hearing for October 29,1998, to deal with matters preliminary to evidence * and argument on the merits ofthe dispute. Written notice of the commencement of the hearing was given to the Town and the MD. In " addition, notice was given to all other parties to the appeal by publication in the Drayton Valley rt Western Review. 33por*nM269-98 Page 1of5 pi!\ XNIIL^^I IVJ BOARD ORDER: MGB 269/98 \* jpt MUNICIPAL GOVERNMENT BOARD FILE: 98/IMD/01 Following lodging of the dispute, the Town gave notification of its intent to annex certain territory from the M.D. The area covered by the notification generally coincides with the two mile fringe area ofthe Town. TheTown and theM.D. appeared atthe commencement ofthehearing onOctober 29,1998, and raised and/or addressed the following preliminary issues: 1. Allegedinsufficiency ofthe notice ofappeal, and 2. Scheduling of steps leading to the reconvening ofthe hearing, including postponing pending resolution ofthe annexation issue. In addition, the Board advised the parties that the composition of the panel hearing the preliminary matters may not be the same composition as the panel hearing the merits of the St dispute. The parties did not raise an objection to this possibility. DECISION In consideration ofthe submission oftheTown and theMD., the Board directs as follows: 1. the M.D. is to provide the Board with alist of all landowners within the areas affected by the appeal oftheTown,by no later than November 5,1998; 2. the Town isto provide theM.D. withparticulars ofthe dispute by November 12,1998; 3. both parties are to notify each other and the Board, in writing, by no later than November 12, 1998, whether ornotthey intend to raise issues pertaining to the Board's jurisdiction to hearthis appeal; 4. ifa party raises ajurisdictional issue or any othermatterimpacting on the schedule ofevents leading to the reconvening of the hearing, the parties are to exchange argument on such issue or other matter by no laterthan December 1,1998; 5. the hearingofany preliminary issues or matters will be at the Edmonton office ofthe Board on December 21,1998, at 10:00 a.m.; 6. subject to a further order of the Board, the Town, the M.D. and any other intervenor/interested party, shall adhere to the following schedule and timelines for notification and exchangeofinformation: 35pordosM269-98 Page 2 of5 ^ /dlborra BOARD ORDER: MGB 269/98 MUNICIPAL GOVERNMENT BOARD FILE: 98/IMD/01 a) The Town shall submit to the Board at its Edmonton office and to the MJ). at its office, by no later than 4:30 p.m. on January 21, 1999, all factual information, statement of issues, legal argument and witness/expert witness lists for distribution. Included with the expert witness list shall be full written resumes or curriculum vitae for each expert. The Board will distribute this material to those parties requesting intervenor status; b) The MD. shall submit to the Board at its Edmonton office and to the Town at its office, by no later than 4:30 p.m. on February 1, 1999, all factual information, statement ofissues, legal argument and witness/expert witness lists for distribution. Included with the expert witness list shall be full written resumes or curriculum vitae §«^ for each expert. The Board will distribute this material to those parties requesting intervenor status; c) Rebuttal, if any, to a response shall be provided at the time of the hearing of the relatedissue or issues; d) Intervenor/interested parties, after having received the Town material submitted to the Board on January 21, 1999 shall, if they so choose, submit to the Board at its Edmonton office, by no later than 4:30 p.m. on February 1, 1999, all factual information, statement of issues, legal argument and witness/expert witness lists. Included with this list ofexpert witnesses shall be full written resumes or curriculum vitae for each expert The Board will distribute this material to the parties; and e) The merit hearing ofthe dispute lodged by the Town will reconvene at the Edmonton office ofthe Board. The dates for the four day hearing are February 16, 17, 18, and 19,1999, commencing on February 16,1999 at 10:00 a.m. (Note: February 15,1999, is aProvincial Holiday andthe Board will not sitonthatdate). 7. Subject to any adjustment necessitated by the balance of convenience determined by the Boardatthetimeof the hearing, the order ofpresentation atthe hearing willbe as follows: if ^ a) Town's presentation andwitnesses. L Cross-examination by the MD. ofeach witness following evidence in chief ii. Cross-examination by each intervenor ofeach witness following evidence in chief. riii. Questions from the Board, iv. Questions arising fromthe Board's questions. m b) M.D.'s presentation and witnesses. 35ponSenM269-9S Page3 Of5 ydlbcrra BOARD ORDER: MGB 269/98 a-3 MUNICIPAL GOVERNMENT BOARD FILE: 98/IMD/01 i. Cross-examination by the Town ofeach witness following evidence in chief ii. Cross-examination by each intervenor ofeach witness following evidence in chief. ill. Questions from the Board. iv. Questions arising from the Board's questions. c) Intervenors* presentations and witnesses, if any (order of presentation as deemed convenient bythe Board). i. Cross-examination by the Town ofeach witness following evidence in chief, ii. Cross-examination by the M.D. ofeach witness following evidence in chief iii. Questions bytheBoard, f iv. Questions arising from the Board's questions. d) Legal arguments bythe M.D., intervenors andthe Town. e) Closing submissions bytheMD., intervenors andTown. ph f) Rebuttal submissions byMD., intervenors andTown. * 8. Any application for a change to the schedule set by this order of the Board shall be in f writing. Ifthe Town and MD. wish to postpone the schedule ofevents in order to either pursue negotiations arising from the notification of annexation or an alternative dispute p mechanism, the Town and MD. must jointly make such a request. In all other matters, prior notification must be given to all parties prior to submission to the Board ofany such application. With an application for change, an administrative panel ofthe Board will be p convened to hear argument from the parties to the matter. 9. Formal notice ofthe directions ofthe Board for exchange ofinformation and reconvening of f the hearing will be by copy of this order, which will also be forwarded to all landowners L identified by the MD. P DATED at the City ofEdmonton, in the Province ofAlberta, this 4th day ofNovember, 1998. f MUNICIPAL GOVERNMENT BOARD p? D. Shelley, Presiding Officer n^ 35pordenM269-98 Page 4 of5 ^ /dlberra BOARD ORDER: MGB 269/98 MUNICIPAL GOVERNMENT BOARD FILE: 98/IMD/01 APPENDIX "A" PERSONS WHO WERE IN ATTENDANCE OR MADE SUBMISSIONS OR GAVE EVIDENCE AT THE HEARING: pi NAME CAPACITY pj M. Hamdon Mayor, Town ofDrayton Valley M.Deol TownManager, TownofDrayton Valley RH J. Agrios Solicitor, Town ofDraytonValley K. McKenzie Planner, Town ofDrayton Valley K. Porter Manager, Municipal District Brazeau No. 77 R. Matthews Development Officer, Municipal District ofBrazeauNo. 77 p> D. Haldane Solicitor, Municipal District ofBrazeauNo. 77 APPENDIX "Btinti I. DOCUMENTS RECEIVED PRIOR TO THE HEARING AND MADE AVAILABLE AT THE HEARING: NO. ITEM 1. Notice of hearing 2. Notice of appeal 3. Response of theMunicipal District ofBrazeau No. 77 4. Letter, dated October 8,1998, objecting to an extension ofthe time for hearing the dispute from the Municipal District ofBrazeau No. 77. 35poricnM269-98 w, Page 5 of5 • Labour Pains An Employer's Guide to Employment and Labour Law Issues NOVEMBER 1998 • Introduction • Certification applications Welcome to Labour Pains! • Collective bargaining ~* In keeping with our dedication to a pro-active approach to employment and labour issues, Brovvnlee # Collective agreement arbitration Fryett is pleased to introduce this newsletter which will be published on a regular basis. • Unfair labour practices • Personnel management has become increasingly • Strikes and lockouts complex and difficult in recentyears. Brownlee Fryett has always devoted a significant portion of its • Succcssorship resources to this area of the law. Our current labour * and employment law group handles both union and • Certification revocation non-union aspects of personnel management. Members ofour labour and employment law group • Judicial review - haveexperiencebeforeall levels of the Alberta Courts, the Alberta Labour Relations Board, Boards Personnel matters are of great importance to of Arbitration and a variety ofother administrative employers and need to be handled quickly, tribunals. confidentially and effectively. For this reason, we I focus on providing service and advice which is We have advised and represented non-unionized timely, practical, and pro-active. One exampleof this • employers throughout the long history of the firm, service is our ongoing effort to review employers' on all issues including: policies and human resource management systems in an attempt to prevent problems before they arise. • Wrongful and constructive dismissals The members of our labour and employment team are as follows: • Human rights complaints Barr>' A. Sjolie 497-4818 • Reorganizations Glen B. Scott (Calgary) 260-5302 Ronald R. Nelson 497-4851 • Employment contracts Thomas D. Marriott 497-4868 David M. Pick (Calgary) 260-5305 In addition to extensive ongoing experience with Suzanne Polkosnik 497-4864 non-union workplaces and wrongful dismissal Joanne M. Klauer (Calgary) 260-5303 matters, we have, and continue to deal with all Colin R. Fetter 497-4867 aspects of unionized workplaces including: Craig J. Tomalty (Calgary) 260-5308 Shannon L. Wyatt 497-4897 • brownlee BfflH $e -iJLViI" DOES UNIONIZATION FOLLOW Pi PRIVATIZATION? For several yearsthe provincial government has Labour Relations Board held that the collective pl worked towardsthe privatization ofmany ofits agreement between the provincial government and operations. Given this trend, it is important that the union would continue to bind the new non- employers be aware ofthe consequences oftaking provincial government employer, at least until the over a provincial governmentoperation. One ofthe expiry date ofthe existing collective agreement. potential consequences is unionization. This meant that the new employer was bound by the terms and conditions previously agreed between the Traditionally, provincial government employees are provincial governmentand the union. However, the R unionized. This means that the province must Board also held that there would be no ongoing negotiate the provincial employees' terms and obligation on the part ofthe new employer to deal conditions ofemployment with the union and enter with the union after the existing collective into a "collective agreement" containing those terms. agreement expired so long as the new employer The labour legislation governing the relationship properly informed the union that it did not intend to betweenthe union and the province is the Public negotiate a new collective agreement. Service Employee Relations Act ("PSERA"). Non- provincial government employees operating in a The Saddle Hills decision was reviewed and unionized context arenot governed by PSERA, but overturned by the AlbertaCourtofQueen's Bench the Labour Relations Code ("the Code"). on August 14, 1998. The fact that it wasoverturned is very encouraging. However, the reasons it was While many issues arise when the province transfers overturned were unrelated to the issue ofwhether a a businessor undertaking to a non-provincial provincial government collective agreement will government employer, one of the labour issues is continueto bind a new employer after privatization. whether the collectiveagreement with the union will Regardless, someofthe comments made by the continue to bind the new employer. Historically, Court are encouraging, includingthe observation labour relations boards across Canada have taken the that the weightofCanadian labour authority position that collective agreements do not survive supports the view thata collectiveagreement can not thetransition from one piece oflabour legislation to survive a transfer from the provincial government to another. For example, in Alberta when the old the non-provincial government sector. ip employer was governed by PSERA and thenew employer by the Code, thecollective agreement Once again, we wish to emphasize thatthis update would not continue to bind the new employer serves only asa briefsummary ofwhathasbeena because the collective agreement arose under long and complicated scenario. The important thing PSERA rather than the Code. This leaves the new for employers who are considering acquiring a employer free to proceed to negotiate terms and unionized business or undertaking from the conditions ofemployment with its employees provincial government isto be aware that it is without any consideration ofthe union. unclearwhether the collective agreement between thegovernment and the union willcontinue to bind In January of 1996, this area ofthe law took a very them following the transfer ofthe undertaking. P surprising turn. The Alberta Labour Relations Board Given the state ofthe law, employers dealing with heardthe case ofA.U.P.E. v. The Municipal District these issues should seek legal advice at an early ofSaddle Hills No. 22 et al. and specifically juncture. Once the Saddle Hills case has been addressed the issue ofwhether a collective reheard by the Labour Relations Board, hopefully agreement survives the transition from a PSERA someclarity will be achieved. We will continue to employer (the provincial government) to aCode provide updates as this case continues to unfold. employer. A detailed analysis ofthe facts, context and issues in this case is beyond the scope ofthis article. Suffice it so say that, in the end result, the brownlee fryett BARRISTERS ANO SOLICITORS 41 ii if OFFER LETTERS AND EMPLOYMENT CONTRACTS: CONTEMPLATING TERMINATION Whenan employee accepts an offer ofemployment, Regardless ofthe employee's length ofservice, or an pi an employment contract is formed. This contract can escalating scaleof notice basedon the employee's be committed to writing and signed by each party, years ofservice. It is very important to note that a arise from the verbal understanding reached between court will not enforce an agreed notice provision the employee and the employer, or from the unless it complies with the minimum statutory employer's letter offering employment. The terms employment standards and was not unfairly forced and conditions ofemployment are governed by the upon the employee. To minimize the chance that a employment contract. These terms can either be court may find your agreement on the required notice expressly agreed upon or implied. The terms ofan of termination to be invalid, we recommend that you employment contract that are commonly expressly follow the steps set out below: agreed upon include: position, start date, salary and benefits. 1.The agreement must be reached prior to, r or as part of, the employee's acceptance of Arguably, the most important term which is the job; p commonly not expressly agreed upon is the necessary notice that the employee must receive ofa 2. The notice agreed upon must meet or termination without just cause. Ifthis notice of exceed the minimum requirements ofthe termination is not expressly agreed between the Employment Standards Code; employee and employer, the court will imply a term requiring that an employee receive "reasonable 3. The agreement must be clearly worded notice" oftermination. The problem with the judicial and understandable to the employee; concept of"reasonable notice" is that it has steadily increased to the point where most employers feel that 4. The meaning and effect ofthe agreement it is unreasonable. A very rough rule ofthumb used should be explained to the employee; by the courts is that a middle aged, middle manager is entitled to approximately one month's notice per 5. The employee must be given time to year ofservice. Therefore, a 40 year old department review the agreement before confirming head with ten years' service would be entitled to his/her acceptance; and approximately ten months' notice or pay in lieu of notice. 6. The employee should be told that he/she may seek independent legal advice ifthey You can reduce the cost oftermination by expressly wish. agreeing to the required notice oftermination with the employee at the time ofhiring. The court's It seems somewhat pessimistic to worry about p implied term of"reasonable notice" will only apply if termination when an employee is hired. However, there is no express agreement between the employee contemplating termination at the outset and agreeing and the employer. For example, if the 40 year old to a set notice oftermination is an excellent way to middle manager with ten years' service had agreed, at reduce the ever rising cost ofseverance packages. the time ofhiring, that he could be terminated on three months' notice, then the cost oftermination would be three months rather than ten. The key to reducing the necessary notice of termination is to expressly agree to a period ofnotice at the time the employee is hired. Agreements ofthis nature generally take one oftwo forms. The C agreement can specify either a set notice period, broivnlee fryett BARRISTERS AND SOLICITORS p \& l IS iHnLi' ~,*4'm\ CERTIFICATION APPLICATIONS: WHAT TO EXPECT/WHAT TO DO Because notice ofacertification application is often An employer may object to the bargaining unit served upon employers without forewarning and the applied for based on anumber of factors process proceeds so quickly, it is important to have associated with its appropriateness. To be an understanding of what to expect and what to do. appropriate, the bargaining unit should be defined Atrade union may apply to the Alberta Labour in amanner which does not unduly interfere with Relations Board to become the certified bargaining the employer's operation, associates employees agent for a unit of employees by making an who share acommunity of interest so that application in writing. Upon receipt of the bargaining is not impaired by conflicting interests JP application the Board will conduct an investigation within the group, promotes work place stability, and prepare areport as quickly as possible. Once and is sufficiently precise so disputes over certified, atrade union may require the employer to inclusion are minimized. Ifthe Board finds that meet and bargain in good faith in order to conclude the unit applied for is inappropriate for collective acollective agreement. Once acertificate is bargaining purposes, it may refuse to certify the granted by the Board, the union becomes the only group or vary the unit to one that it deems to be P body with the lawful authority to bargain on behalf appropriate. ofthose employees. Given the haste with which . these applications proceed, it is particularly || Support Necessary for aUnion to Bring an important to be aware ofwhat you, as the employer, || Application can do to impact the outcome ofthe process without g coming into conflict with the law. |1 The union is required to demonstrate that, at the II time the application was made, forty percent P Appropriateness ofthe Bargaining Unit I (40%) of the employees in the proposed It bargaining unit were, orhad applied to be, Abargaining unit is the group of employees 1 members in the union, or had signed apetition in described by acertificate and represented by the li support. To be valid evidence ofsupport, union Probably no other aspect of certification is ii applications for membership must be made no more central to the Board's determination than the 1 more than ninety (90) days before the certification appropriateness of the bargaining unit which the IS application is filed, and must be accompanied by PI union has applied to represent. The concept of | the payment of a$2.00 fee to the union. The appropriateness imposes apublic policy component I privacy of individual employees is protected onto the initial formation ofthe collective g during the process ofcertification. Information bargaining relationship in an attempt to encourage Mregarding which employees supported the collective bargaining which is viable and | application is not provided to the affected parties. harmonious. . | Statutory "Freeze" Periods The Board will only certifya group of employees that itdeems tobe suitable for the purpose of || From the date that an application for certification collective bargaining. The Board considers a || is received by the Board, the employer is number offactors including the type ofwork |1 prohibited from altering any ofthe terms and performed by the employees, their training, |; conditions of employment for affected employees qualifications and skill level, their geographical || unless the change is in accordance with an Pi proximity to one another, as well as other relevant ;| established practice or the trade union consents to factors. The Board will also examine the - the change. This restriction, often referred toas employer's operation and assess whether the ^; the "freeze" period, continues until thirty (30) days bargaining unit is viable in the circumstances. If after the certificate is granted, or until the date of Generally, the Board tries to avoid the unnecessary g: its refusal. Further, where the union is successful, proliferation of bargaining units certified with a ||| it may serve notice to commence collective single employer. brownlee fryett BARRISTERS AND SOLICITORS ffiS) I d# ji]; Objections bargaining on the employer. In theeventthatsuch When the officer's report is complete, copies are notice is served within thirty (30) days ofthe date sentto the employer, the trade union and any other ofcertification, an additional sixty (60) day affected parties. Each party may object to the "freeze" period begins. It is important to notethat report or to the application itself. Objections must be made in writing and served on the Board, as the "freeze"does not prevent an employer from well as the other parties, prior to the date ofthe conductingbusiness as usual, including I hearing. Where the partiesare unableto resolve disciplining and dismissing employees forjust the basis oftheir objections informally with the cause. p) assistance ofthe Board officer, the matter will be heard by a panelofthe Board. The Board panel L Board Investigation and Report will rule on any objections and decide whether a representation voteshould be conducted. SI When the Board receives an application for [; certification, it requires the employer to post the noticeat the work place informingemployeesthat Representation Votes pi an application for certification hasbeen made and i that anyone who wishesto object to the application maycontact the Board. A Board If the application satisfies the Code's requirements officer is assigned to investigate the core aspects ; and the objections are not successfullysustained, of theapplication, answer questions, and look into : the Board will order a representation vote to complaints of prohibited practices should they | determine if a majority ofthe employees in the arise. Enquiries received by the employer from proposed bargaining unit favour certification. employees should be directed to the Board officer. I Theemployer is required to post a noticeof the Asquickly as possible, the investigating officer i vote at the work place in advance ofthe vote. The will gatherinformation aboutthe application and notice outlines the purpose ofthe vote, the prepare a comprehensive report to determine bargaining unitdescription, the criteriafor voting | eligibility, the date, time and location ofthe vote, whetherthe unit ofemployees applied for is appropriate for collective bargaining, sufficient | and the list ofthe eligible voters. Voting takes initial support exists,and the following time lines i place by wayof secret ballotand the majority of p i thoseemployees who actuallyvote determine have been satisfied: whether the group becomes unionized. 1. The union's constitution and/or bylaws |] must be filed with the Alberta Labour | Conduct of the Vote Relations Board at least sixty (60) days || before an application; || The Board will appoint a returning officer to 111 conduct the vote. Each ofthe affected parties are SI 2. Ifthe union previously lost a || entitled to have a scrutineer present ateach polling certification application for the same || station. The returning officer ensures that anyone unit ofemployees, at least ninety (90) || casting a vote is entitled to do so. "Normally, at the days has passed before reapplying; || conclusion of the vote, the returning officercounts IS the ballots in the presence of the scrutineers so the 3.Ifthe union was decertified for the ||- outcome is known immediately. Disputes S) same unit ofemployees, at least six (6) || regardingthe eligibility ofvoters are often months has passed before reapplying. If resolved by the returning officer, however, ifthis i| is notpossible, the vote will be sealed anda Board ;}; hearing held to resolvethe matter in dispute. brownlee f r y e t t BARRISTERS AND SOLICITORS $B> 4 D 85} Employees Who Will Be Excluded From Prohibited Practices the Bargaining Unit In addition to the "freeze" period, there are some Even where the bargaining unit applied for is activities which both the employer and the union deemed appropriate, the following categories of are prohibited from engaging in once the employees will be excluded from the bargaining certification process has commenced. The unit: process commences when the application is filed with the Board. 1. Employees executing managerial functions; The employer is prohibited from interfering with the formation ofa trade union and must ensure that nothing is done to discriminate against P> 2. Employees executing confidential functions; employees who are involved in supporting the application. The employer is not, however, 3. Professional employees; and prevented from expressing its views as long as tactics involving coercion, intimidation, threats, 4. Employees outside the proposed promises or undue influence are not utilized. bargaining unit. There is a fine line between permissible expression and interference. The union is also subject to restrictions. A trade Employees Who Will Not be Eligible to union may not persuade employees to become Vote members ofthe union while they are at work and is prohibited from using coercion, intimidation, In addition to those employees listed above, the threats, promises or undue influence in order to following categories ofemployees will be garner support. ineligible to vote despite the fact that they fall within the parameters ofthe bargaining unit: 1. Casual employees that did not work on the day ofthe application. PB 2. Permanent employees who did not work in the thirty (30) day period preceding the application and are unlikely to return to work in the thirty (30) day period following the application. > brownlee f r y e t t BARRISTERS AND SOLICITORS ffl Q K' - _i""j'-'£3i H+^-Jr? V " J:''' u ?N 1-S !"' '11,, WRITTEN DISCIPLINARY WARNINGS: A FUNDAMENTAL ASPECT OF "JUST CAUSE" An area ofemployment law which is crucial to written warnings with respect to his or her achieving effective employee management, and misconduct. Even ifthere are a sufficient number of which is often overlooked, is the use ofdisciplinary incidents recorded, you may be unable to rely upon warnings in response to employee misconduct. them to substantiate just cause ifyou cannot P) Where an employee is dismissed for just cause as a demonstrate that the employee was made aware of result ofunsatisfactory performance, the Court often each infraction, was provided with an opportunity to focuses on the nature ofthe prior warnings given to correct the offending behaviour and was aware that the employee, together with the extent to which the termination was a potential consequence. employee was given an opportunity to improve his or her behaviour. Therefore, not only are written It is, therefore, advisable to give an employee a warnings a valuable tool for dealing with written warning for all moderate or serious problematic performance issues before they get out transgressions. The written warning should describe ofcontrol, they are a central element in provingjust the misconduct in detail, and should refer to any past cause for termination. misconduct ofthe employee. In addition, this warning should expressly indicate that further In order to dismiss an employee foranything other misconductofa similar or dissimilar nature may than an extremely serious error or intentional result in further disciplinary action, up to and misconduct, an employer must establish that there is including immediate termination. The warning must a past history ofprogressive discipline. The be clear and the consequences ofrepeated following is an example ofprogressive discipline: misconduct expressly outlined. Also, the employee should be asked to sign the warning acknowledging 1. Verbal warning; that they have received a copy, understand the contents, and are aware that it will form part oftheir 2. Written warning; personnel file. This avoids any issues which may $wl arise later regarding the employee's knowledge of 3. Final written warning; and the problem and the potential consequences. In addition, once a problem employee is identified 4. Notice ofDismissal. within an organization, even minor misconduct should be handled through the use ofwritten This is only an example ofa type ofprogressive warnings. discipline. The appropriate range and extent of progressive discipline will vary depending on the The existence ofwritten disciplinary warnings is specific circumstances ofeach case. often the key to proving that just cause for the termination ofan employee exists. Without proofof To pursue a just cause termination for a pattern of progressive discipline through the use ofwritten unsatisfactory performance, disciplinary warnings disciplinary warnings, even habitual misconduct or need to be in place on the employee's file so that an poor performance may not be enough to establish employer is able to prove that an appropriate course "just cause" for dismissal. of progressive discipline has been followed and the employee has been provided with an adequate opportunity to rectify his or her misconduct, prior to termination. The most common error committed by employers is to collect evidence or build a case against an employee in secret. This is commonly PI done by recording specific problems with an employee without discussing these problems with the employee, or without giving the employee browniee f r y e t t BARRISTERS AND SOLICITORS h0- IS IT TIME FOR A "TUNE-UP"? (a) hiring practices; (b) personnel policies and procedures; A PRO-ACTIVE APPROACH TO (c) collective agreement language; EMPLOYEE AND LABOUR RELATIONS (d) grievance processing; and (c) performance appraisal and discipline Manycar owners have their vehicle tuned-up every systems. fall as a measure of preventative maintenance. They commit a small amount of time and money to detect The goal of the Employment Audit is to detect hidden and solve minor problems before they become large problems before they result in an employeerelations expensive problems down the road. A company's break-down and the inevitable legal bills that follow. work force is at least as important to it as an engine is Your initial consultation with us, of up to one half to a car. Why not regularly "tune-up" and evaluate hour, is free. That time will be used to ascertain your your human resource management systems? needs and the scope ofthe audit. Certain obvious problem areas may be immediately identified and an Historically, lawyers are consulted as a last resort and approach to resolve them developed. are retained only once things have gone seriously wrong. This practice ignoresone of the most So whatare you waiting for? Keepyour human important roles a labour and employment lawyer can resource management systems running smoothly fulfill. Having your polices and human resource with an Employment Audit and preventemployee management systems reviewed can help prevent problems before they arise. Ifyou are interested in problems before they arise. Costly wrongful dismissal retaining us to perform an Employment Audit, please lawsuits and lengthy arbitrations may be avoided if feel free to contact any member ofour labour and simple preventative measures are taken, such as: employment team: (a) proper employment offer letters or Barry A. Sjolie 497-4818 contracts; Glen B. Scott (Calgary) 260-5302 (b) clear and enforceable personnel policies Ronald R. Nelson 497-4851 or collective agreement language; and Thomas D. Marriott 497-4868 (c) well structured employee performance David M. Pick (Calgary) 260-5305 appraisals and discipline systems. Suzanne Polkosnik 497-4864 Joanne M. Klauer (Calgary) 260-5303 Given the importance of preventative maintenance, Colin R. Fetter 497-4867 we offer an "Employment Audit" to interested Craig J. Tomalty (Calgary) 260-5308 employers. This audit involves a complete review of Shannon L. Wyatt 497-4897 your human resource management systems including: The contents of this publication are intended to provide general information. Readers should not rely onthe contents herein totheexclusion of independent advice aseach case is unique and will depend upon the particular circumstances. mm brownlee f r y e t t BARRISTERS AND SOLICITORS ' EDMONTON CALGARY Suite 2200, Commerce Place 1010, 530 - 8th Avenue S.W. Calgary, Alberta, Canada T2P 3S8 10155- 102 Street, Edmonton, Alberta, Canada T5J 4G8 Fax: (403) 232-8408 Tel: (403) 232-8300 Fax:(403) 424-3254 Tel: (403) 497-4800 Toll Freel-800-661-9069 [email protected] To: Brazeau From: 11-13-98 6:19pm p. 1 of 2 53 TRANSPORTATION LiberiaANOUNIUTIES News release For Immediate Release November 13,1998 I' Young Albertan's Drawing Will Compete Nationally inEmergency Preparedness Contest Calgary..."Disasters Destroy," the prize-winning drawingby Monica Zak ofCalgary, r Alberta winner ofthe Emergency Preparedness Week '98 drawing contest, will compete in the national competition organized by provincial,territorial and federal emergency organizations. The nationalwinner will be announcedprior to next May and his or her drawingwill be featured on the _ official poster for Emergency Preparedness Week '99. L Emergency Preparedness Week is held during the first week ofMay to raise awareness ofnatural hazards and how to plan for them. As partofthis initiative, students in grades4-6 were invited to p participate ina drawing contest showing how toprepare for emergencies and disasters. Over 850 ' Alberta students from 46 schools nui jo communities participated. "We want our young people to growup committed to public safety. Initiatives such as Emergency I Preparedness Week andthe drawing contest will helpourfuture generation develop the skillsto be k able torespond effectively tothe unexpected," said Walter Paszkowski, Minister of Transportation and Utilities. p [ The other Alberta winners are: F second prize: Leah Grant, Calgary. Her drawing"Disasters" explains the do's and don'ts ofresponding to tornadoes and floods third prize: Shawna Bilozyr, Tofield. Her drawing"Disaster: Can It •SSI Happen Here?" illustrates a hailstorm, fire and tornado in Tofield "The teachers and local emergency officers involved did a wonderful job ofhelping students learn about disasters and how to prepare for them. The students' drawings show they understand the principles ofemergency preparedness by applying what they have learned in the classroom," said Gary Mar, Minister ofEducation, who presented framed copies ofthe winning drawings to the first and second prize winners in Calgary today. Zak and Grant were in grade S at the time ofthe contest last spring, while Bilozyr was in grade 6. The drawings ofthe Alberta winners are posted at http://www.tu.gov.ab.ca/disOOO.htm on the Alberta Transportation and Utilities (AT&U) web site. -30- To: Brazeau From: 11-13-98 6i19pm p. 2 of 2 & For more information, please contact: Joan McCracken Annette Bereznicki Alberta Transportation and Utilities Alberta Education (403) 427-7674 (403) 427-2285 Dial 310-0000 for toll-free connection outside Edmonton }W^ L pi wfo Wl I I" Federation of Canadian Municipalities Federation canadienne des municipalites £6 - October 23, 1998 Mr. Ken Porter >-Ti Al Municipal Manager Municipal District of Brazeau No.77 P.O. Box 77 5516 Industrial Road Drayton Valley AB T7A 1R1 Maire suppliant Claude Cantin Quebec (Quebec) ^resident FCM: A Real Bargain at 9.6C Per Capita 'resident Dear Mr. Porter: •J^epury Mayor Sam Synard larystown. Newfoundlandand Labrador Since 1937 the Federation of Canadian Municipalities (FCM) has i-irst Vice-President been working on behalf of municipal governments to enhance the quality Premier vice-president of life in communities across Canada. Our efforts with the federal rouncillor Joanne Monaghan government have injected billions of dollars into municipal budgets. Kitimat. British Columbia Since 1990 this has totalled over $13.8 billion or an average of $462.13 Second Vice-President per capita for each and every municipality in the country. i Deuxiemevice-presidente For example, the 57% Municipal GST Rebate alone has been CouncillorJack Layton generating an average of $16.67 per citizen each year for every rToronto. Ontario Third Vice-President municipality since 1990. Other successes like the Canada Infrastructure Troisicme vice-president Works Program and payments in lieu of taxes also have added significant savings to many municipal budgets (see attachment). FCM cputy MayorJae Eadie Municipal Membership is a real bargain considering it costs only 9.6c per .V:Innipcg, Manitoba capita to contribute to FCM's lobbying efforts. Past-President resident sortant FCM is your voice in Ottawa in a period when your voice is more James: W. Knight important than ever. The political landscape is changing but FCM is Executive Director here to ensure municipal governments remain the cnief beneficiary of 3irectcur general change. We are the first order of government and the 21SI Century will bear this out. Join your colleagues across Canada in supporting FCM by becoming a member today. Attached is an application form for FCM Municipal Membership and a complimentary copy of Forum, Canada's national municipal affairs magazine. Help us to continue helping you. Yours sincerely. Claude Cantin President 2-i, rue Clarence Street. Ottawa. Ontario KIN 5P3 Telephone/Telephone: (613) 241-5221 • FxvTelecopicur: (613) 241-7440 International Office/Bureau international: Telephone/Telephone: (613) 241-8484 • FaxTelecopieur: (613) 2 il-71 17 www.fcm.ca " ^Average Revenues Generated for Municipal Governments by FCM Since 1990 - (through the GST Rebate, PILTs, CIWP) Average.Revenues Generated Per Capita PerYear Since 1990 r Population GST Payments in Canada Infrastructure Rebate lieu ofTaxes Works Program (1994-98) $16.67 $16.90 $32.00 Average Revenues Generated by Population PerYear Since 1990 0 2,000 0 $33,340 0 $33,800 0 $64,000 2,000 5,000 $33,340 $83,350 $33,800 $84,500 $64,000 $160,000 5.000 10,000 $83,350 $166,700 $84,500 $ 169,000 $ 160,000 $320,000 10,000 25,000 $166,700 $416,750 $169,000 $422,500 $320,000 $800,000 25,000 50,000 $416,750 $833,500 $422,500 $845,000 $800,000 $1,600,000 50,000 100,000 $833,500 $1,667,000 $845,000 $ 1,690,000 $ 1,600,000 $3,200,000 :100,000 250,000 $1,667,000 $4,167,500 $ 1,690,000 $4,225,000 $3,200,000 $8,000,000 250,000 500,000 $4,167,500 $8,335,000 $4,225,000 $8,450,000 $8,000,000 $16,000,000 i. 500,000 2,000,000 $8,335,000 $33,340,000 $8,450,000 $33,800,000 F16,000,000 $64,000,000 I TotalAverage Revenues Generated Per Capita Since 1990 Population GST Rebate ~I • Payments in lieu ofTaxes %• SnrU2««l O Canada Infrastructure Works Program (1994-98) Jf TotalAverage Revenues Generated by Population Since 1990 0 *• 2,000 0 » $924,260 2,000 •- 5,000 $924,260 *> $2,310,650 5,000 •- 10,000 $2,310,650 » $4,621,300 10,000 - 25,000 $4,621,300 - $11,553,250 25,000 •»- 50,000 $11,553,250 » $23,106,500 50,000 m- 100,000 $23,106,500 * $46,213,000 100,000 *• 250,000 $46,213,000 » $115,532,500 250,000 - 500,000 $115,532,500 *• $231,065,000 500,000 - 2,000,000 $231,065,000 » $924,260,000 Figures for Payments in lieu ofTaxes andlor the Canada Infrastructure Works Program may be higher or lower for your municipality, or may not apply. |5) |Municipal & Update ___.... j2) Alberta Used Oil Management Association November 1998 7%£ results are what count and the numbers tell an exciting storyfor A UOMA! The 1997 - 1998 Annual Report on Alberta's used oil recovery program shows that AUOMA's province-wideused oil recovery programs have attractedhigher-thanestimated volumes in its first ten months ofoperations (October 1,1997 to July 31,1998). Some ofthe highlights from the first ten months ofAUOMA's operation(October 1,1997 t. to July 31, 1998), include the following: pij 4 Over 41.8 million litres ofused oil recovered- a rate two years ahead ofAUOMA's original estimate. 4 More than 2.8 million used oil filters collected - two years ahead ofthe original estimate, and on an annualizedbasis, this amounts to 60% ofthe filters available for recycling. 4 More than 398,000 kg of used oil containers have been collected, double the amount collected prior to the implementation ofthe program. Construction is progressing on more than 50 new collection facilities called Eco-Centres in a partnership arrangement with the AlbertaBottle Depot Association(ABDA). This will bring the Alberta network ofreported collection facilities to over 250. Alberta has provided the leadership in the collection and recycling ofused oil materials. Similar programs are now in place in Manitoba and Saskatchewan with the provincial associations co-operating to assuresharedknowledge and experience in used oil recycling. The growing success of the AUOMA used oil recycling program is an indication of Albertans' contribution to the protectionofour naturalspaces and reuse ofnon-renewable resources. If your residents have any questions or require further information about AUOMA's programs, please have them call 1-888-922-2298 or visit our web site at www.usedoilrecycling.com. iSi AUOMA Suite 1050, Scotia 1, Scotia Place 10060 Jasper Avenue Making every Edmonton, AB T5J 3R8 drop count Telephone 403 414-1510 Alberta Used Oil Fax 403 414-1519 Recycling Program Info Number 1-888-922-2298 p\ Web Site www.usedoilrecycling.com © Printedon 100% recycled paper usingenvironmentally-friendly ink HP? t>% November 6,1998 >^*sj^r" If; •: ill International Year of Older Persons 1999 -~-»— MR. KEN PORTER MANAGER r BOX 77 DRAYTON VALLEY AB T7A IRi Wt Dear MR. PORTER: The United Nations has declared 1999 the International Year of Older Persons (IYOP). st, The purpose ofthe Year is to foster international awareness ofthe importance ofseniors' role in societyand the need for intergenerational respect andsupport. p Federal, provincial and territorial Ministers Responsible for Seniors have confirmed Canada's participation in recognizing the Year and initiated a plan for celebrating the IYOP. r The Canada Coordinating Committee for IYOP, appointed by Ministers Responsible for Seniors, has prepared an IYOP Community Kit to help community organizers plan IYOP p celebration?: Tbe kit offers,practical suggestions on selecting, organizing and promoting IYOP activities or events. Promotional materials and a seniors resource list are also provided. To obtain a copy of the IYOP Community Kit, please call Community p Development's toll free information line at 1-800-642-3853. I have also enclosed a copy ofAlberta Community Development's IYOP brochure and a ^ pamphlet on the Senior Friendly Project for your information. Further information on either ofthese can be accessed through the Internetat the address below. ^£h^r^ &s£**J i Yours sincerely, Diane Osberg Chair, Alberta IYOP Advisory Committee and Alberta Representative to the Canada Coordinating Committee pf Enclosure(s) Pc/o P.O. Box 3100, Edmonton, Alberta T5J 4R7 jll^ - LI.Y.O.P. Information Line: 1-800-642-3853 yfl||j3fiCI swww.gov.ab.ca/mca7seniors/iyop/iyop.htm government ofalberta §SJ ALBERTA HEALTH Office oftheMinister To: Health System Stakeholders During the fall sitting of the Alberta Legislature, debate will resume on Bill 37, the Health Statutes Amendment Act. During the spring session there was a great deal of attention, misunderstanding and misinformation about this piece of legislation. To answer any questions that you might have and to attempt to clear up any misunderstandings about Bill 37, we have prepared the attached information package. Following further consultation on the Bill this summer, government will be bringing forward an amendment in the coming session to further strengthen the Bill and further protect the public health system. The proposed amendment would totally prohibit any private treatment facility from providing insured surgical services that are now delivered in a public hospital, to any Canadian who is insured for those services under their provincial health plan. I would like to stress that Bill 37 is designed to further protect and preserve the public health system in Alberta, by imposing a second requirement on private treatment facilities seeking to begin operation in the province and by prohibiting private treatment facilities from providing insured surgical services, provided in hospitals, to persons covered by a provincial health plan. This Bill was developed in response to the concerns of Albertans about the potential establishment of private treatment facilities in the province and to ensure that in no way would they jeopardize the quality or accessibility of our publiclyfunded health system. The information that has been forwarded to you on Bill 37 can be accessed from the Alberta Health Internet website at www.health.gov.ab.ca under "What's New" or by contacting the Communication Branch of Alberta Health at 403-427-7164. Yours sincerely, Halvar C. Jonson Minister 228 Legislature Building, Edmonton, Alberta, Canada T5K2B6 Telephone 403/427-3665 Fax 403/415-0961 © Printed on recycled paper r \P Liberia HEALTH News release Edmonton, November 10,1998 •S{ Health Minister To Amend Bill 37 "The new amendment we are bringing forward further strengthens Bill 37 by totally prohibiting any private provision of surgical services now providedby public hospitals to anyperson covered by the Canada Health Act" Halvar C. Jonson Minister of Health Private treatment facilities in Alberta will be prohibited from providing insured surgical %$t services provided in public hospitals to any Canadian insured under a provincial health plan, as a result of an amendment to Bill 37 that will be introduced by government in the up coming session of the Legislature. The amendment follows further consideration of ipf the Bill during the summer. The Bill will prohibit a private treatment facility from providing surgical services, now pT provided in public hospitals, to any Canadian covered by a provincial health plan. Uninsured services which now are provided outside of the public system could be offered by a private treatment facility if the facility received accreditation from the College of Physicians and Surgeons of Alberta and formal approval from the Minister of Health. "Bill 37 will provide the Government of Alberta with the ability to prohibit, regulate and control the establishment of private treatment facilities seeking to provide uninsured surgical services outside of the public system in the province," said Health Minister Halvar Jonson. "Currently if a private treatment facility receives accreditation from the College, the government is powerless to stop that facility from operating, should it have a potential negative impact on our public system." The College of Physicians and Surgeons of Alberta will continue to maintain their responsibility to oversee patient care and safety throughout the province by accrediting medical facilities. -more- u\ -2- Should the College accredit a private treatment facility to provide specified uninsured services to uninsured persons, for example non-Canadians or Workers' Compensation Board clients, the Minister of Health would review the proposal in consultation with experts and the federal Health Minister before considering such a facility for approval. During the review process the Minister would consider the impact the proposed treatment facility might have on the publicly funded health system in Alberta and if the facility would be compliant under the Canada Health Act. Concluded Jonson, "Albertans have said theywant government to have the authority to intervene should a private treatment facility seek to provide surgical services that could negatively impact the public health system. This legislation says NO to private hospitals providing insured services provided by public hospitals." Debate on Bill 37, which will provide further protection to Alberta's publicly funded health system, will continue during the upcoming fall session of the Alberta Legislature. The proposed amendments will affect the Hospitals Act, Medical Professions Act and the Alberta Health Care Insurance Act. -30- m For further information contact: i i Garth Norris p Alberta Health Communications 1 403-427-7164 M This news release is also available on Alberta Health's Internet site at http://www.health.gov.ab.ca Note to editors: Background information is attached. flip) I pi B*l ffigl Bill 37 Fact Sheet jh9 Bill 37, the Health Statutes Amendment Act includes amendments to the Hospitals Act; the Medical Professions Act and the Alberta Health Care Insurance Act. A new amendment will be added that would prohibit any private hospital from providing insured surgical services that are normally provided in public hospitals to any Canadian insured under a provincial health plan. us Under no circumstances could a private treatment facility even bring forward a proposal to provide services that are normally provided in public hospitals to Albertans and Canadians who are covered under a provincial health plan. [ Overall, Bill 37 will help maintain the quality and accessibility ofthe public health system and will make sure that the public system is not jeopardized by any proposed operation f of private treatment facilities. It provides further protection for the public system by 1 creating a second requirement to the establishment of a private treatment facility where only one (the College of Physicians and Surgeons of Alberta) now exists. pi *- If Bill 37 is passed, any private treatment facility seeking to provide surgical services outside of the public health system, for example uninsured services such as cosmetic f surgery or services to uninsured individuals (non-Canadians orWorkers' Compensation Board clients) will require both accreditation from the College of Physicians and m Surgeons of Alberta and formal approval from the Minister of Health. Under the existing ! legislation, there is no mechanism for the Minister of Health to either prohibit or control a facility from providing such services. w\ Under Bill 37 the Minister of Health would review such a private treatment facility's application only if it had received accreditation from the College. During the review p process the Minister would take into consideration; • the current and future needs for the services to be provided by the facility in that area; P • the potential impact that the proposed facility would have on the public health ^ system; • whether the public interest would be served in approving the application; and [ • any other factors the Minister might consider to be relevant. ...12 pi U3 Pi -2- Under amendments to Bill 37, the Minister of Health has the option to turn-down or place conditions on an application to operate a private treatment facility even if the p) College of Physicians and Surgeons of Alberta has provided accreditation. At the same time, the Minister could not consider any application that did not receive accreditation from the College. Under Bill 37 the College of Physicians and Surgeons of Alberta maintains their mandate to ensure that quality and care standards are met. Bill 37 provides for a fine of upto $10,000 a day for any person operating a private treatment facility or private clinic and for any physician providing services, without the necessary accreditation and approvals. iS| [PI H p| PI p?l lA Bill 37 Questions and Answers Sp$) Why do we need Bill 37? Currently, the government has no legislative authority to stop a private treatment facility from operating if it has received accreditation from the College of Physicians and Surgeons ofAlberta. Albertans have said they want government to protect the publiclyfunded health system. What does Bill 37 do? Bill 37 will completely ban private treatment facilities from providing insured surgical services that are provided in public hospitals, to any Canadian insured under a provincial health plan. The Bill could also give the Minister of Health the legislated authority to prohibit, restrict or control a private treatment facility from providing uninsured surgical services to uninsured persons such as non-Canadians or Workers' Compensation Board clients even if a private treatment facility that has received accreditation from the College of Physicians and Surgeons of Alberta. I Under Bill 37 the Minister cannot even consider a proposal to provide such services unless accreditation is first provided by the College of Physicians and Surgeons of Alberta. m The Bill provides the government with the ability to prohibit, regulate and control the ' establishment of private treatment facilities. p> Why is government involved? The Government of Alberta is committed to a strong public health system and the f principles of the Canada Health Act. This legislation assists in strengthening the future ofthe public health system. pi .../2 ^ -2- Why did the government add the amendment to Bill 37? During the summer we listened to Albertans and the message was clear, Albertans wanted stronger legislation. This amendment guarantees that private hospitals will not be allowed to provide insured surgical services in Alberta that are provided in publichospitals. PI Under Bill 37 could a private treatment facility provide insured services under contract to a Regional Health Authority? p Absolutely not. Under the proposed amendment to Bill 37 private treatment facilities cannot provide insured surgical services to Albertans, even under a contract with a f Regional Hospital Authority. Under Bill 37 what kind of surgical services could a private treatment f facility provide? The only surgical services that could be potentially allowed would be uninsured surgical services not covered by the public health system, such as cosmetic surgery or services to individuals not covered under the Canada Health Act, such as non-Canadians and m Workers' Compensation Board clients. Even in this case, the private treatment facility would first require accreditation from the p College of Physicians and Surgeons of Alberta and then approval from the Minister of Health, following a review and consultation process. P How will the Minister decide whether or not to prohibit a private treatment If facility requesting to provide uninsured services? Under no circumstances would a private treatment facility be allowed to provide insured 1 surgical services. pi I In terms of uninsured services a comprehensive review would be conducted including consultations with medical experts regarding the potential impact on the public system p and the federal Minister of Health in terms of compliance with the Canada Health Act. .../3 PI uV SI -3- Can the Minister of Health overrule the College of Physicians and Surgeons? The role of the College is to ensure quality and standards of care and physician practice. Ifthe College of Physicians and Surgeons provided accreditation to a private treatment facility to provide uninsured surgical services, the Minister of Health could still prohibit or restrict the facility. p Ifthe College of Physicians and Surgeons refused to provide accreditation, the Minister could not consider a proposal from that facility. (PI Pi pSJ Ui r ALBERTA HEALTH CARE SYSTEM BILL 37 PROCLAIMED Type of Service Provided Public Treatment System Facility •pi • Physicians opted into the Alberta Health Care Insurance Plan can provide: Insured services pn to residents of Alberta V to Canadians who are members of the V public health care plan of another province pi (paid under reciprocal billing) Uninsured services V • by type - cosmetic surgery V by recipient - WCB, out of country, patient V • Approved Hospital can provide Insured hospital services to residents of Alberta V to Canadian who are members of the public V health care plan of another Province Uninsured hospital services by type - cosmetic surgery •v by recipient - WCB, out of country, patient V • Insured hospital services can be provided in an approved hospital operated by the V voluntary sector under contract with an RHA In a non-hospital surgical facility operating V under contract with an RHA, if contract approved by the Minister • Treatment Facilities can provide* Uninsured hospital services by type - cosmetic surgery V by recipient - WCB, out of country, patient V p) The Canada Health Act sets out criteria that a province's public health care system must meet in order to be eligible for federal funding. • Treatment Facilities will: • only perform services specified by regulation • be required to be accredited by the College of Physicians and Surgeons; and • be approved by the Minister, which approval can include any terms or conditions. L m October 1998 CEO recruitment underway Volume 1, "The board has placed a high priority on Issue 1 A key step in the transition of children's getting the CEO in place with sufficient services in Region Nine is now underway. time to ensure that the Authority is On Saturday September 12,1998 ads ready to go next April," said Eisenbarth. appeared in a number of daily and weekly papers seeking a Chief Executive Officer for Currently, child protection service are operated directly by the Province of the Authority. Alberta. Eighteen Authorities have been "We view the position of CEO as a very established across the province to important component of the team we want to implement the results of a three year The Region establish to continue the good work that has Nine Service redesign planning process. been done in the service planning, and that Plan: Region Nine is comprised of the continues to be done in by staff in day to day • New service child protection and family support", said Wetaskiwin, Drayton Valley, MD of entry points Brazeau, County of Wetaskiwin, Millet, and New types Dennis Eisenbarth, Chair of the Authority's Breton communities, and the First Nations of support Executive Search Team areas at Hobbema (for planning only). workers "We know that there is a lot of work to be More holistic "This is a major change in the delivery of done and we will be seeking someone who can services services for children and families in reinforce a strong team-based approach in Early Alberta and we are excited about it", said Intervention moving forward with the service plan." Eisenbarth. The Region Nine Authority was established in The competition for the CEO position June 1998 and will assume responsibility for closed on September 25, 1998 with the the delivery of child and family service in April CEO expected to start as soon as 1999. possible thereafter. The Authority cannotsucceedby Board Member profiles ... tself. We are A major milestone in the redesign of children's services was reached in April 1998 when the committed to Government of Alberta announced the appointments to the 18 Regional Authorities. "In Region working Nine, seven individuals were appointed and they have been very busy very quickly", said Co- zooperatively with Chair Gerry Donahue. everyone involved "The Board members have a key role in building on the extensive work done by the Steering with children. Committee, staff, and community participants" said Donahue. "One of our priorities is to 9erry Donahue, Co- continue the dialogue that's been established. To do that we need to ensure that people know Chair who we are", said Donahue. "Our six member board is one of the smallest in the province. This gives us extra challenges in carrying the many tasks that we need to complete." said Donahue. .-•-'^rtt?."^ tJFS^^.^^ip;;^,/^^^^REdlMlNINIINEWg ••'^^kV'^W^-^tyM^^^ Region Nine Child and Family Services Authority Members profiles ... Gerry Donahue, Co-Chair Gerry is a retired business owner who lives with his wife Fleda at Mulhurst Bay on Pigeon Lake. As a father and grandfather, he is proud to play a part in the Child and Family ServicesAuthority. He drives a school bus part time. Gerry has been involved in his community as the president of the Battle River Metis Local, as a director of the Regional Council of the Metis Nations of Alberta, and as a member of the Wetaskiwin Youth Justice Committee. He was a member of the Region 9 Steering Committee for the Redesign of Services for Children and Families. Marilyn Dunn, Co-Chair Marilyn lives east of Breton, with her husband Jim. They • own a large cow-calf operation. She is a Registered Nurse f who has used her skills and education in her community as a general duty nurse and as the Director of Nurses of the Breton Hospital. She has been a member of various hospital committees as well as Board Chair of the Breton Dial a Life Emergency Response Program for Seniors. Marilyn was a member of the Region 9 Steering Committee for the • Redesign of Services for Children and Families. Irene Andres ene lives in Wetaskiwin with her husband Gordon, to whom she has ^een married for 41 years. She has two children and four grandchildren. She is retired and has been active politically at all three vels of government. She has a long history of community volunteerism as a member of the National Parole Board and the local FCSS Board. She is also a Board member of the Good Shepherd utheran Home for Seniors. She has also volunteered with the tzdmonton Police Victim Services Unit, Wetaskiwin Police Commission, and Appeal Panels for both Child Welfare and Handicapped Children's ervices. Irene is a member of the Ashoro Society, who, along with 27 members, have been invited to Ashora, Japan to share in their 90th xmm celebration. Ashoro is the twin city of Wetaskiwin. ..V^c** " JFs)( REGION NINE NEWS •;"•-«-• •' '•"• --r-•• •••••'•-••••"••••---^-••-.-•..-,, .••-.-.•.-..-.^-^^^^faAatf^ia^^^e.-^;-,.;;.-.\•;• ii^^iir^y^aft^^^rr^t'-v^^SuAa Dennis Eisenbarth Dennis lives near Winfield with his wife, Susan, and 4 children. He is an adult educator and trainer and has skills dealing with * people in change. He is presently a training consultant with The Change Trainers and has worked as a training coordinator, r interview associate, teaching assistant and student advisor. He is a former chair of AADAC's Edmonton area United Way campaign, director of Pioneer Camps, and a member of the Alberta l Association for Continuing Education. Dennis is excited by the opportunity to contribute to his community. Lorna Howatt Loma lives west of Drayton Valley with her 2 children and 2 foster children. She has worked in accounting and business management since 1985. Her positions include: Public Relations Director of the Drayton Valley Foster Parents Association, member of the Drayton Valley Family and Community Support Services Board, and member of the Region Nine Mental Health Advisory Committee. Lorna was a member of the Region 9 • Steering Committee for the Redesign of Services for Children and Families since its inception, and chaired the Protection of Children and Youth Regional Advisory Committee. Robert Reimer Robert is a rancher who lives east of Wetaskiwin with his wife Marlene and daughter Katelyn. He is a School Trustee with Wetaskiwin Regional School Division and a Board member of the County of Wetaskiwin Development Appeal Board. He is a past Director and President of the Wetaskiwin Agricultural Society and a Director of the Peace Hills Cattle Feeders Association. Robert is also a member of the Wetaskiwin Kiwanis Club. '---'" " .""-':. ,•';•.-'; " ^-V'- - I 1 • :•:?•' Bits and Pieces Change is inevitable, except-from a vending mc!?$$&;) ! V. •.'•'.--' .' ; ' ; • '';•.'}:. • "r-fe? 2.VC?3_"H".' JJWl "•».•".••!»• ip. ii^iimi • ••n.mjL.y.... mUfli" n.y. ,T. . ESA REG10NININE NEWS -^-^•.^-.^-:i. Drayton Valley selected for Board Offices Drayton Valley has been selected as the site for The Board anticipates that they the Region Nine Child and Family Service will move into their new office Authority's Regional Office. "This will be the by November 1998. main site for the Board's management "We expect our "We have also asked the operations and house the Chief Executive Authority Office administration of Family and o be Officer and several support staff. ," said Social Services to shift the operational by Donahue. November current service boundaries so 998" "People will still be served from offices in that the linkages and supports to Wetaskiwin and Drayton Valley", said Donahue, the Drayton Valley area are "and we plan to build onto the services now in provided through the Central - place by setting up several new service entry Region rather than the Edmonton points in communities across the region. These Region. The Drayton Valley new sites are part of the Region Nine service District Office is currently part plan." of Edmonton Region. Shifting During the service planning, Region Nine used responsibilities so that support I the old Treasury Branch site in Leduc. Leduc is services for all of Region Nine no longer part of Region Nine so it will be come from Central Region will be important to establish an office within the a significant step for us", said region. Donahue. There are temporary arrangements to use office space at the Drayton Valley Town office until permanent space can be found. MESSAGE FROM THE CO-CHAIRS The appointment to the Region Nine Child and Family Services Authority Board is an honor. We will approach the challenges with sincerity, integrity, and diligence. We are grateful for the support, commitment and inputfrom our communities, families, children, employees and the Steering Committee during the development ofthe Service Plan. This document is the basis from which we will develop the Business Plan. We intend to be ready to implement services April 1, 1999. In order to do this, we will need your continued support and knowledge about what works best in your communities. We hope to meet with you in the New Year to share the details of our Business Plan and to ask your advise about where to establish community sites for your services and how best to involve you in our planning. Please feel free to contact either of us during the development of the Business Plan, at 621-4020.. Marilyn Dunn & Gerry Donahue Co-Chairs, Keystone Child and Family Services Authority • I A New Name!!! November 1998 Yes, we have changed our newsletter name from 'Nine News' to 'Keystone Volume 1, Khronicles'. Why you ask? Well, the Child and Family Services Authority Board has selected a new Authority name!! Issue 2 Region Nine Child and Family Services Authority has changed its name to Keystone Child and Family Services Authority. The name change was done to give the Child and Family Services Authority a name that was unique to the region and well as a name that describes the intent of the organization. "Keystone" was chosen as the favorite at the Child Welfare Focus Day in September. The name was chosen because of the following: • There was a community of Keystone within the region that was established in the early 1900s, in the area near what is now the community of Breton. It was ^.6-Chairs:^' established by black immigrants from the Southern United States and became a safe haven for them. Gerry Donahue ... Marilyn Dunn The Board wants this region to be a safe haven for its children and families. ^oard Members: • The definition of "keystone" is the central topmost stone, or cornerstone, of an arch, that supports or holds together the others, or the central principle on which Irene Andres :•'. all depends. Dennis Eisenbarth The Board believes that the CFSA will be the pivotal organization in bringing : • Lorna Howatt resources and people together to meet the needs of children and families; ie., the "keystone". 'Bob Reirrier . A New Home!!! We have a new home as well. Region Nine Child and Services Authority Regional Office has moved from its location in Leduc to the Drayton Valley Civic Center. The Board is pleased to finally have an office within Region Nine boundaries and feels very fortunate that the Drayton Valley Town Council has invited them to locate the office in the Town Office within the Civic Center. This will be a temporary location 9 until a larger space can be found that will accommodate both the Regional Office staff and the Drayton Valley Child Welfare District Office staff. The Board and staff feel very welcome there. |Regional Office Staff: Address: PO Box 7595, 5120 52 Street, Drayton Valley, Alberta, T7A 1S7 Toll Free: 310-0000 .ynheBurnett,-' .. Phone: 403-621-4020 jacilitator' : |Kyla Mbrelarid, Fax: 403-621-4023 fXdrhinistrative Assistant E-Mail: [email protected] There will also be an office in Wetaskiwin, however the location has yet to be determined. Call us, or come; for a visit. r B> C^o^jj/ /dlberra V &Drive TRANSPORTATION AND UTILITIES suanrstunswtm ram I Planning &Technical Services 3rd floor, Twin Atria Building Telephone Numbers 4999 - 98 Avenue Gas: 403/427-0125 Rural Utilities Edmonton, Alberta Electric: 403/427-8444 CANADA T6B 2X3 Fax: 403/422-1613 October 30, 1998 TO ALL RURAL MUNICIPALITIES RURAL UTILITY LOANS - NATURAL GAS - WATER/WASTEWATER I am pleased to advise that the department has entered into an agreement with The Toronto-Dominion Bank to provide a broad range of lending services for rural municipal gas and water/wastewater systems. This voluntary loan program has two main components: One will be for loans to individuals for installation of water service. The loans will be issued at floating prime or a fixed rate of prime plus .65 to 1.5 percent depending on term of the loan. Loans may be amortized over a ten year period. The spread above prime may vary over time. Each distributor who wishes to participate in this part of the program which provides loan funding for individual services will enter into an agreement with the bank.. The agreement lays out the functions and obligations that the distributor and the bank will be responsible for. Training sessions will be provided to explain the agreement and related processes. The bank will be corresponding with distributors in this regard. The second component of loans to rural municipal for gas or water/wastewater system upgrades, extensions, capital rebuilds and new construction. The loans will be negotiated by each rural utility and the bank. Interest rates on the loans will depend on a number of factors including the amount, term, management practices and other business dealings with the bank. Additional information is attached and training will be provided for the distributors staff. These program enhancements do not change funding which may already be available through Alberta Municipal Financing Corporation. If you would like to discuss the new program, please call me at 427-3030. Wayne Brown F Executive Director cc: Mr. Larry Goodhope, Alberta Association of Municipal Districts &Counties Mr. Brian Quickfall, Alberta Municipal Affairs W Printed on Recycled Paper /\v\ UTILITY SERVICE LOAN PROGRAM 1. INDIVIDUAL LOAN PROGRAM FEATURES INCLUDE (a) Monthly blended payments of principal and interest. (b) At the borrowers option: (i) a fixed rate of interest for the term of the loan, and (ii) variable rate of interest at the Bank's prime rate. (c) Minimum loan amount of $1,000 with no maximum amount. GST, secondaries, etc., can be included in the loan amount. (d) Maximum 10 year amortized repayment term, subject to minimum monthly payments of $25. 'pi •L (e) Financing on a secured or unsecured basis, subject to credit approval by the Bank. (f) Automatic debit of loan payment from the borrowers account. HOW IS THE PROGRAM ADMINISTERED? Loan applications will be made available to the distributors, who generally would provide assistance to the customer to complete the application. Completed forms would be faxed to Greenlight Financial Services (GFS) in Toronto. GFS will notify the distributor of the applicant's status (usually within 24 hours). Approved funding would be paid directly to the distributor. ADDITIONAL INFORMATION Training/informational sessions are planned and we will notify you of the time and places in the near future. It is important that your staff who will deal directly with the customers attend these sessions. 2. CAPITAL LOAN PROGRAM FEATURES INCLUDE: (a) Distributors have the option of: (i) a fixed rate of interest for the term of the loan, and (ii) a variable rate of interest typically at the Bank's prime rate plus 1/2% depending on the factors mentioned in the accompanying letter. (b) Up to 70% of the project cost. (c) Maximum 25 year amortized repayment. HOW IS THIS LOAN PROGRAM ADMINISTERED? Capital loan requests will be co-ordinated by the TD Commercial Banking Centre in Edmonton. Interested distributors should contact Mr. Bill Kraus, Manager, Commercial Services at (403) 448-8207. pn EFFECTIVE DATE November 1, 1998. £> yp- ' Minister of the Environment JL§W« Ministre de I'Environnement fgfeg £*: .Ss^i^t- " Ottawa, Canada K1A 0H3 NOV - 5 1998 His Worship Reeve Bart Guyon Municipal District of Brazeau No. 77 P.O. Box 77 Drayton Valley, Alberta T7A1R1 Dear Reeve Guyon: Thank you for your letter dated September 18, concerning the Federal Court of Canada ruling of July 7, 1998 in the case of The Friends of the • West Country v. The MinisterofFisheries and Oceans. As you may know, the federal government filed a notice of appeal and a motion in the Federal Court of Appeal on September 25, requesting an expedited appeal of the "Sunpine" ruling. Enclosed, for your information, is a related news release with accompanying backgrounder which outlines the grounds for the appeal. Briefly, the reason for the appeal is to clarify a point of law regarding the appropriate use of discretion by federal departments in the conduct of environmental assessments. ] J I It should be noted that the federal government remains committed to the thorough environmental assessment of projects. The Canadian y* Environmental Assessment Agency, in consultation with the Department of Justice, will continue to provide advice to federal departments on how to conduct environmental assessments while the case is under appeal. Although the federal government has decided to take this course of r action, I believe that Justice Gibson's ruling in the Sunpine case serves to underscore the importance of federal-provincial co-operation in environmental assessments to provide for an efficient and predictable process for high quality project assessment. ...12 Canada (*«n&* A> -2- As you may also be aware, officials of the Canadian Environmental Assessment Agency are currently involved in discussions with several provinces, including Alberta, to develop bilateral agreements to implement the Environmental Assessment Sub-agreement ratified by environment ministers in January 1998. These bilateral agreements would establish the necessary framework for environmental assessment co-operation between federal and provincial jurisdictions to ensure a single high quality environmental assessment of a project. Iappreciate your interest in this issue, and trust that my comments are helpful. Yours sincerely, pi Christine S. Stewart Enclosures t . fp> ipi Tl Government of Canada September 25,1998 'Wt GOVERNMENT SEEKS TO CLARIFY COURT RULINQ " ON ENVIRONMENTAL ASSESSMENT RESPONSIBILITIES f OTTAWA ~ The Government of Canada will ask for an expedited appeal before the Federal Court ofAppeal ofthe "Sunpine" ruling regarding environmental assessments done bythe P Department ofFisheries and Oceans (DFO) for bridges at an Alberta forestry project. Atthe same time, thecourt will beasked tostay the ruling until the issue isresolved in the Court of The announcement was madetodayby Fisheries Minister David Anderson, Justice Minister m Anne McLellanandEnvironment Minister Christine Stewart. Mr. Anderson said, "DFO and allfederal departments are committed toprotecting Canada's r environment. Clarifying key issues with respect to environmental assessment requirements will help us to achieve that objective inaconsistent manner." P "TheGovernment is appealing to clarify animportant point oflaw. We need a clear ^ understanding ofthe discretion federal departments may exercise in determining the scope of projects and assessments under the Canadian Environmental Assessment Act," Minister p> McLellan added. Mrs. Stewart said, "This government remains committed tothorough environmental assessment. Discretion allows federal departments touse professional judgment toprovide the most appropriate assessment for each project. Itis the use ofdiscretion in environmental assessments that we wantto clarify in thisappeal." TheCanadian Environmental Assessment Agency, inconsultation with theDepartment of Justice will continue toprovide advice to federal departments on how toconduct environmental assessmentswhilethe caseis underappeal. -30- (B .../2 Government Gouvernement • GsmS^!*! of Canada du Canada /fc -2 FOR MORE INFORMATION: Fisheries and Oceans Canada Michaela Huard Director, Habitat Management (613) 993-2122 Justice Canada Wendy Sailman Communications Branch (613)957-4211 P> Canadian Environmental AssessmentAgency JohnArseneau Director, Policy (613) 994-5043 Internet: http://www.dfo-mpo.gc.ca/communic/newsrel/newsrel.htm r •BH A<\ p Government ofCanada -\[ Backgrounder The Project Sunpine Forest Products Ltd (the proponent) considered, over the past three years, construction ofa new road through their Forest Management Area in Alberta to avoid transportation, public safety and social issues associated with using public roads. Alberta Environmental Protection approved a road alignment subject to the• proponent actively managing and enforcing access restrictions on the road, and submission of a detailed route selection evaluation prior to applying for a License of Occupation for construction ofthe road. The proposed road required the construction of two bridges, one over Prairie Creek and the other over Ram River, inAlberta. P The Environmental Assessment m The proponent applied on December 13,1995 to the Department of Fisheries F and Oceans (DFO) for aNavigable Waters Protection Act (NWPA) permit to build the two bridges. This triggered the Canadian Environmental Assessment P Act (the Act) which required the DFO to conduct an environmental assessment I (EA)ofthe bridge projects. ^ DFO determined that the proposed two bridges were two different projects - under theAct. The scope ofeach ofthese projects was determined by DFO to include the construction and maintenance of the bridge and ofthe other f undertakings directly associated with the construction of the bridge. DFO also determined that the scope ofthe EA of each of these projects did not extend to m theenvironmental effects ofthe road construction project nor to the forestry • I operations. '"• -r f The DFO issued approvals on 17 August 1996. The construction of one of the L bridges and the road have been completed for over ayear. •• "; ^; qp Public Consultation i . Public consultation for the environmental assessment was at the discretion of the responsible federal authority. DFO placed advertisements in local newspapers indicating that screening reports forthe two bridges were available from its regional office in Sarn.a Ontario and also met with local environmental groups to better understand their concerns. Several members of the public provided comments on the environmental assessment reports. The reports were made public and were also sent directly to individuals who had commented. Scope ofthe Assessment The Canadian Environmental Assessment Act describes the procedures to be followed for, and requirements of an environmental assessment that federal authorities must complete before issuing a permit or license or make other decisions in support ofa project. Sections15 and 16 of the Act describe the responsible authorities' responsibilities to scope the assessment and what factors must beconsidered. The responsible authority has the discretion to include or not include components ofprojects or certain factors in the assessment. Typically, when undertaking an environmental assessment, it is appropriate to determine the limits of an assessment (what elements of the project to consider and include) and focus the assessment on relevant issues and concerns. This is called scoping. I The Canadian Environmental Assessment Act provides for a measure of discretion or professional judgment in .choosing which elements to include, Good environmental assessment requires acombination ofgood science and good professional judgment. Each project isdifferent and its environmental circumstances are different. The application of discretion allows each project to be scoped in away that is practical, effective and most suitable to its specific; location and situation. Public Concern There has been considerable public and media attention regarding the [project "r The Friendsof the West Country Association (FWCA), an environmental group from Rocky Mountain, Alberta, argued that the project would damage wildlife habitat and streams. FWCA launched Court proceedings in August 1996, challenging the validity ofthe screening report and the course ofaction taken w by DFO based on that report. The Court Decision Justice Gibson of Federal Court of Canada Trial Division issued on July 7,1998 his decision with respect to the FWCA Application for Judicial Review. Justice Gibson concluded that the assessment of the projects assessed should have included the road as well as the two bridges. The Court ordered that the NWPA permits for the two bridges be set aside and, together withthe environmental assessment, be reconsidered and, if appropriate, redetermined in a manner consistent with the Act, NWPA, and the Court's reasons. Wl The decision has implications for federal environmental assessments triggered by regulatory actions. The decision dealt with several issues: • the scope of the projects and ofthe assessments to be carried out; • adequate public access to a public registry; and • who has the power to issue NWPA authorizations. Grounds for the Appeal The government believes that there are errors of law in Judge Gibson's Ipi . decision: • the Court erred in the standard of review applied to the circumstances of the case; • the Court erred in its interpretation of s.15 of the Act; • the Court erred in its interpretation of s.16 of the Act; and • the Court erred in holding that the public registry established by the Canadian Coast Guard failed to meet the requirements of s. 55 ofthe Act so as to constitute a further reviewable ground. On the scope of assessmentissue (section 15), one oftheeffects ofthe decision is to restrain the discretion of federal departments to determine what should be considered in the projectassessment. [P p> \/ ' ALBERTA ASSOCIATION of MUNICIPAL DISTRICTS & COUNTIES .vi.- p. :rr: 4504 - 101 STREET • EDMONTON ALBERTA T6E 5G9 • TELEPHONE: 436-9375 FAX: 437-5993 LARRY GOODHOPE - Executive Director November 4,1998 F TO ALL AAMD&C MEMBERS: RE: Farmland Assessment Review The AAMD&C has been approached by a number ofmember municipalities, raising concerns with an apparent lack of public awareness of, and participation at, the public meetings currently taking place across the province to discuss the province's Discussion Paper on Farm " Property Assessment and Taxation. The AAMD&C has relayed these concerns to Alberta Municipal Affairs and to MLA Richard Marz, whochairs the MLA Committee which is carrying out this consultation process. During these discussions, Mr. Marzhas advisedthe AAMD&C of the government's intended approach for moving forward on this issue, and we would like to take this opportunity to share this information with you: • Alberta Municipal Affairs has contracted with a private consulting firm to compile all of the public responses received during the current public consultationphase. • A detailed impact analysis will be developed for any of the report's recommendations and public commentswhich receive reasonably broad support. • Next, a draft report will be developed and taken forward to relevant Minister's and the Standing Policy Committee on Agriculture & Rural Affairs, for their review. • Based on Ministerial/SPC direction, a "final draft" document will be circulated to 'stakeholders' for comment. (Itis unclear how broad this final consultation may be, but it would appear that there will be little opportunity for further input from the general public once the current round of public meetings has concluded.) On behalf of the AAMD&C Board, I would encourage all members to review and respond to the Discussion Paper if you have not already done so. As well, please review the "draft response" recently circulated by the AAMD&C, and provide our office with any comments you may have regarding this draft document. Yours truly, irry Goodhope executive Director LG/gs (j AAMD&C • 1 <& 'I EF1 ALBERTA ASSOCIATION of MUNICIPAL DISTRICTS & COUNTIES - 4504 - 101 STREET • EDMONTON ALBERTA T6E 5G9 • TELEPHONE: 436-9375 FAX: 437-5993 ( r-N _„...... p-^ LARRY GOODHOPE - Executive Director AAMD&C u^^exeCutivemeetinghighlights CO (October 22,1998 Meeting) Meeting with Hon. Walter Paszkozvski Meetingwith Hon. Ty Lund * The Board met with Transportation The Board met with Environmental & Utilities Minister Walter Paszkowski, to Protection Minister Ty Lund, and 1 discuss a variety of transportation issues. discussed a number of ongoing issues. The The Minister advised that AT&U is Board advised Mr. Lund of the recently incorporating an additional $150 million completed study of environmental impacts • per year into its 3 year business plan, as on municipal road projects, and also ft recommended by the Premier's Task Force discussed the "Sunpine decision" with the on Infrastructure. Mr. Paszkowski also Minister. The Board has committed to updated the Board on the department's seeking intervenor status in this case on intended approach to consultations with behalf of AAMD&C members, should this local governments regarding prove to be the most effective method of "disentanglement" of funding safeguarding member interests in this responsibilities for transportation matter. In addition, the issue of intensive infrastructure. The Minister stressed that livestock regulation was discussed at the process will be a lengthy and thorough length. one, and that the impacts of any changes • will be fully assessed prior to any TELUS Access to Rights ofWay implementation. The Board reviewed correspondence from the AAMD&C's R.W. Hay Award solicitors, Brownlee Fryett, indicating that * The Board reviewed the in our solicitor's opinion, TELUS' latest recommendations of the Selection proposal remains significantly at odds Committee for the R.W. Hay Award, an with member direction to incorporate the award established by the AAMD&C to principles of the model agreement recognize excellence in rural municipal developed by the Federation of Canadian administration. The recommendations of Municipalities (FCM). The Board the Committee were ratified by the Board, therefore agreed to cease further and the identity of this year's R.W. Hay negotiations, and advise TELUS that the Award winner will be announced at the Board will be recommending that all 1998 Fall Convention. members negotiate their own access agreements with TELUS directly. • • Farm AssessmentReview AAMD&C's nominees to this Task Force * The Board met with the AAMD&C after theupcoming Fall Convention. Farm Assessment Review Committee, made up of 2 municipal administrators Councillor Pension Plan and 3 municipal assessors, to discuss the The Board reviewed proposals from Committee's recommendations inresponse London Life to update and amend the to the Discussion Paper on Farm Property Councillor Pension Plan currently offered Assessment and Taxation, released by to AAMD&C member councils. The Board Alberta Municipal Affairs earlier this year. agreed to allow London Life to offer a Based on this discussion, the Board agreed special workshop at the Fall Convention to develop a "draft response" for for current plan members, to explain the circulation to AAMD&C members. The proposed changes. "draft response" document, circulated by FAX to all members, sets out a proposed 1998 Fall Convention response to the Discussion Paper, and asks The Board reviewed the final "draft" for member comment. Convention program, and discussed if various details requiring finalization. It Proposalfor Environmental Tax on Fuel was noted that delegates will be offered a The Board endorsed a position opposing a wide variety of workshops at this year's proposal by the National Round Table on convention, includingthe following: Environment & Economy to introduce a 3 • Role of Reeve, Council & cent per litre tax on fuel for environmental Administration purposes. The AAMD&C's position on Municipal Government Act this issue has been relayed to Alberta's Conflict of Interest representatives on a national task force Orientation to the AAMD&C & studying ways to reduce greenhouse gas Jubilee Insurance emissions. Freedom of Information & Protectionof Privacy Act Endorsement ofFCM Resolutions Making Meetings Work The Board agreed to endorse FCM Communication with Government resolutions calling for: the establishment Public Speaking & Dealing with the of highway rest stops across rural Canada; Media continued exemption for municipal is Peace Time Emergencies governments from income taxation; and How Should Your Municipality the exemption of emergency vehicle Stack Up purchases from taxation. Alberta Fire Training School Land & Forest Service Task Force As well, as many as 17 members of the The Board agreed to participate in a Land Provincial Cabinet are expected to r & Forest Service Task Force, established to participate in the Ministerial Forums study issues relating to municipal- scheduled for the final day of Convention. provincial partnership in fighting forest fires. The Board will appoint the L fp? November 4,1998 •.-Li J Contact! TheNewsletter ofthe Alberta Association ofMunicipal DistrictsandCounties 0\ This Justin... Cattle FeedlotSentenced for Polluting Stream *Asouthern Alberta feedlot has been sentenced to atotal penalty of$120,000 after pleading guilty to contaminating a local stream in 1997. The penalty includes a Creative Sentencing Order, requiring the feedlot company to deposit $60,000 in a trust fund for Ducks Unlimited Canada. TaxReview Committee Releases Report * The Alberta Tax Review Committee has released its final report, calling for sweeping changes in Alberta's personal income tax system. Highlights of the committee's recommendations, which would reduce provincial income tax revenues by some $500 million annually, include: • The province should move to a direct tax on personal income, rather than taxing as a percentage of federal income tax; • The province should introduce asingle income tax rate of11 %, for all taxpayers; • The basic provincial personal exemption and the spousal exemption should be increased to $11,620 (from $6456 and$5380 respectively); • The temporary "deficit elimination taxes" introduced in the late 1980's should be eliminated. Stakeholder Information Meetings for Internal Trade Agreement Announced * The Alberta government will sponsor a series of Regional Information Sessions for municipalities, schools, academic institutions and health care institutions (the "MASH" sector), relating to the Agreement on Internal Trade. The MASH sector will become subject to the Agreement on July 1,1999. Information sessions have been scheduled as follows: November 26 Fort McMurray December 7 Grande Prairie November 26 Slave Lake December 8 Uoydminster November 30 Medicine Hat December 8 Red Deer November 30 Lethbridge December 11 Edmonton December 7 Peace River December 17 Calgary Further information on these sessions, including registration details, is available by contacting Shawn Robbins at AlbertaPublic Works, Supply and Services, at427-3222 (ext. 277). s& % Notices Water Service to Federal Buildings: Y2K Issue New Administrator in Vermilion River Unfortunately, some members received only a * The County of Vermilion River has partial copy of a recent federal request for appointed Glenn Shanahan as the new County information on the Year 2000 compliance of Administrator, effectiveOctober19,1998. municipal water and wastewater systems, which I NewAccess Provisionsfor Alberta On-line did not include the response address. Any * Alberta Registries advises that Alberta On- municipalities responding to this information [P line is moving to a new Internet-based access request areasked todirect theircorrespondence to: [ method over the next few months. Alberta On-line Hank van der Linde, Director General provides a single point of access for Registries Property &Facilities Management f services, including Land Titles, Personal Property, SirCharles Tupper Building l and Corporate Registry systems. Further 2250 Riverside Drive, Room B423 information on Alberta On-line is available by Ottawa, Ontario KlA 0M2 contacting Firoz Mohamed at403-422-7863. Questions relating to this matter can be directed to Caroline Rahal, at 613-736-2129. PI Survey Results: Intensive Livestock Regulation Employment Opportunities Earlier this fall, the AAMD&C surveyed member County ofWarner municipalities regarding their opinion on the Payrou/Accounts Payable Clerk Closing Date: November 9,1998 appropriate regulation of the intensive livestock industry. A total of 47 municipalities have now Contact: Allan Romeril (403-642-3635) responded tothesurvey, with thefollowing results: Lakeland County Superintendent of Public Works • 24 members believe that primary Closing Date: November 20,1998 responsibility for regulation of the intensive Contact: JohnLeskiw (403-623-1747) livestock sector should remain at the local PI level. (Note: The large majority of these M.D. of Saddle Hills municipalities do call for increased Technical Services Coordinator provincial technical advice with respect to Contact: RobCoon (403-864-3904) these developments.) • 13 members believe that the provincial Note: detailed information on the above postings is government should assume primary available on the AAMD&C website, at responsibility in this area. Ttnvw.aamdc.com. • 10 members believe that local governments should continue to play a key role in this area, but that further provincial regulations/standards are alsorequired. Publication Notice The survey results will be shared with the provincial government through the AAMD&C's Due to the upcoming AAMD&C Fall Convention, participation on the advisory committee reviewing Contact! will not be published for the next two public responses to the Discussion Paper on weeks. The nextissue of Contact! willbe printed on Intensive Livestock Regulation. Wednesday, November 25,1998. m COUNCIL MEETING ADDENDUM Additions to the Agenda - November 25,1998 1. 1:00 pm - Randy Clark - Landfill Update 2. Item 6 (c) - Report to Council 3. Item 8 (h) - Establishment of a Mediation Committee 0 (o) - Letter from Town on Intermunicipal Development Plan $ (p) - Letter from Town on Cost Sharing (q) - Pembina Keystone Cardium Unit Waterflood Project Contract 4. Item 13 (d) - Two letters from Sheila McNaughtan of Reynolds, Mirth (e) - Planning Issue (f) - Letter from Municipal Government Board on appeals Drayton Valley Regional Landfill Authority The Drayton Valley Landfill Authority administers the solid wastemanagement system for the community ofDraytonValley andthe MD ofBrazeau. This system consists of eighttransfer stations strategically located throughout the MD ofBrazeau, two recycling depotsin the town ofDraytonValley, and the Drayton Valley Regional Landfill which includes a Recycle Centre and a Compost Facility. The Management Structure ofthe Drayton Valley Landfill Authority is indicated below. Landfill Authority ^r Municipal Waste Manager i r ir ir v Waste Recycling Transfer Landfill Landfill Compost Toxic Collection Operation Stations Design Operation Facility Round-up Canadian Canadian Canadian Bel-MK MCL ComTech Serval Waste Waste Waste Omni-McCann Newaita PHH The Drayton Valley Regional Landfill was converted from a modified landfill in 1982 and is one ofthe few regional landfills that is close to the centre ofa town. This site has several oil,water and gas pipelines traversing the property aswell astwo operating wells. There is capacity to handle 12years ofwaste ontheexisting siteifexpansion plans for thesite are approved by AEP. A pipeline wasrelocated in 1998 to provide drainage for a borrow pit andincrease the site landfill capacity. There are fourother sites within the MD of Brazeau that are being investigated as the future Waste Management Facility. The landfill disposed of31828 tonnes ofwaste in 1997,while 485 tonnes ofmaterialwas recycled through the Recycle Centre and another 638 tonnes ofmaterial were diverted from the landfill. The attached tables indicate the annual types and tonnes ofmaterials recycled since 1993 and wastes landfilled since 1986. The Landfill Authority completed an environmental audit in 1998 and held 2 toxic round ups. Used oil wasdiverted from the landfill to local recyclers and 5 barrels ofused paint was bulked atthe landfill from waste screening and transfer stations orphan wastes. The Compost Facility wasapproved by AEPin June, 1998 and began operations in July. Yard wastebinswith catwalkswere installed atthe Main Depotandthe landfill in August. Wood waste is being segregated, chipped andcomposted. October 28, 1998 DRAYTON VALLEY RECYCING PROGRAM/ MATERIAL RECOVERY SUMMARY WEIGHTS IN KGS RECYCLE CENTRE MATERIALS SHIPPED 1993 1994 1995 1996 1997 Mixed Plastic 4,725 5,850 8,553 0 17,460 Milk Jugs 2,938 0 6880 Plastic Oil Jugs 3,375 3,375 359 0 0 Milk Cartons 1,000 1,750 2,982 3750 0 O.C.C. 83,265 127,855 179,160 204,030 201,725 Mixed Paper 19,620 39,785 53,355 ,89704 74,790 News Print 68,125 80,115 78,560 93034 100,770 Magazines/Office Pack 2,180 8,175 3,265 28280 28,120 Color Ledger 2,725 0 0 Computer 2,180 0 0 0 Tin 9,555 11,830 12,755 10050 14,265 Aluminum 0 0 Glass 16,450 4,450 5,179 21000 41.107 Sub Total 210,475 283,185 349,831 449848 485,117 Percentage Increase 34.50% 23.54% 28.59% 7.84% MATERIALS DIVERTED FROM LANDFILL White Goods 27,727 34,137 0 152,050 Scrap/Auto/Batteries 135,316 75,640 244,180 279,520 Tires 136,660 227,240 117,800 43,500 Other Misc. 4,850 80,530 70,240 Yard Waste 0 0 0 101,000 93,120 Sub Total 299,703 341,867 543,510 638,430 Percentage Increase 100% 14.07% 58.98% 17.46% GRAND TOTAL 210,475 582,888 691,698 993,358 1,123,547 TOTAL % INCREASE | 177% 18.70% 43.61% 13.11% DRAYTON VALLEY REGIONAL LANDFILL YEARLY WASTE SUMMARY 1997 1998 1999 2000 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 0.00 TOWN OF DRAYTON VALLEY 66ii.bb' 7012.60 10335.00' 9429.00 5574.80 4738.33 4739.96 4787.12 10481.74 9653.38 0.00 2675.32 2688.47 0.00 RESIDENTIAL o.bb' b.ob* o.oo' 0.00 0.00 0.00 0.00 aoo 0.00 0.00 3645.93 3493.50 0.00 COMMERCIAL 0.00 aoo 0.00' o.oo' 0.00 0.00 0.00 0.00 0.00 0.00 11484.11 0.00 WEYERHAEUSER 0.00' 'b.bo b.oo' 0.00 4373.92 7681.26 9601.46 21153.07 14988.79 9416.39 13576.48 991.23 0.00 DEMOLITION/CONCRETE 5000.00' 5123.00 5850.00 2312.00' 4977.43 3763.08 5044.26 2055.86 301.63 0.00 2098.76 190.96 45.42 0.00 TIRES o.ob 0.00' b.ob' 6.00' 0.00 0.00 0.00 0.00 0.00 0.00 71.96 0.00 SCRAP METAL CAR BODIES b.ob* *"' b.ob b.bo' '"* o.bb' 6.00 0.00 "abo 0.00 O.OO' 0.00 376.80 0.00 Sump/Sand o.bb" o.bo" b.ob' o.bo' b.oo 0.00 aoo 0.00 0.00 0.00 0.00 1478.85 169.79 62.69 aoo WHITE GOODS CFC WASTE 0.00 0.00 0.00 0.00 0.00 0.00 b.ob 0.00 0.00 0.00 0.00 OTHER (ASBESTOS) o.ob" "0.00" 6.00' abb' o.ob 0.00 b.oo 0.00 0.00 0.00 0.00 6.20 0.00 3160.14 0.00 ASH/GRAIN DUST abo' "abb" o.ob" o'bb' 0.00 abb " 6.66 abb abb' o.ob 19069.77 22734.04 23482.57 0.00 0.00 0.00 TOTAL i 1611.00" 12135.00 16185.66" 11741.66i 14926.15 16182.67 19385.68 27996.05 25752.16 0.00 b.bo M/D. OF BRAZEAU NO. 77 1640.00 1908.00 "2186.66" ~*3095'00' • 3565.99 3313.21 ''3064.'34 2164.45 ' 581*6.36' 3373.68 0.00 RESIDENTIAL 6.66' ~" o.ob" b.ob™ "o.ob" . oTbb abb abb "0.66 0.00 0.00 1263.07 1488.92 0.00 1356.87 1689.86 0.00 COMMERCIAL b.oo '""" o.ob' 6.60* 6.6b " 6"oo abb "abb 6.00 o.bb' b.ob o.ob bEMOLltiON/CONCRETE o.ob" 256.00" ""804'bo" 1417.60* '""685.45 553.79 3756~83' 2642.63 367.91' b.ob 466.21 965.21 "b.ob TIRES abb" 0.00*' o.6b" 6.00 ""6:00" abb aoo 0.00 abb' o.bb 7.02 9.32 114.97 b.oo SCRAP METAL CAR BODIES "0.00" o.ob* 0.00*" o.ob* abb abb "6.66 abb 6.00' 6.66 174.17 36.63 0.00' SUMP/SAND "aob" "aob" o.ob" "abb* abb o.bb "abb abb b.ob' 6.66 0.00 38.42 " 0.00' WHITE GOODS CFC WASTE "abb" ""abb" aoo*" b.bo" abb" abb 'abb '""abb abb 6'66 11.23 "2.29 aoo OTHER (ASBESTOS)* aob" 0.00 0.00" "*" "6.66" abo aoo "6.40 abo abb b.bo 0.00 1087.16 1260.84 0.00 TRANSFER STATION 175200 2403.00"' 2349.00" 2543.00' 2759.56 2761.42 3099.32 3238.41 1052.01* 1140.12 0.00 b.ob 0.00 ASH/GRAIN DUST o.ob" ""' o.bo" 6T66" "aob" 6766 " b.bo b.bo 0.00 0.00 0.00 4365.73 5606.46 0.00 0.00 0.00 TOTAL 3392.00 456740* 5339.66 7055.00 7011.00 6628.42" 9920.49 8044.89 7236.28 4513.80 3566.65 0.00 0.00 0.00 OTHER O/A 0.00 0.00 813.00 908.00 1143.21 1245:75 1084.39 482.39 615.77 0.00 404.11 757.59 0.00 RESIDENTIAL b.oo' abo' bTb'o" aoo' 0.00 0.00 "b.ob "o.bb 0.00' 0.00 890.25 1046.98 0.00 COMMERCIAL o.ob o.ob o.bo' 6.66" o.bb' 0.00 6.00 0.00 0.00' 26.72 126.87 0.00 DEMOLITION/CONCRETE b.oo' b.oo' aoo' 0.00' o.ob' 0.00 6.00 0.00 0.00 0.00 0.00 0.00 0.00 1.17 0.00 TIRES b.oo' 0.00 b.ob' o.oo' o.oo' 0.00 0.00 0.00 5.80 24.26 0.00 SCRAP METAL CAR BODIES 0.00 0.00* o.oo' aoo aoo' 0.00 0.00 0.00 0.00 0.00 aoo 0.00 0.00 0.00 SUMP/SAND 0.00 0.00 o.oo' 0.00 aoo 0.00 0.00 0.00 0.00 0.00 0.00 0.00 WHITE GOODS CFC WASTE 0.00 0.00 o.oo' o.oo' 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 OTHER 0.00 o.oo' o.oo' 0.00 0.00 0.00 0.00 0.00 43.32 453.88 782.08 0.00 TRANSFER STATION 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 ASH/GRAIN DUST 0.00 o.oo' 0.00 aoo 0.00 0.00 0.00 0.00 0.00 2738.95 0.00 0.00 0.00 0.00 0.00 813.00 908.00 1143.21 1245.75 1084.39 482.39 615.77 3609.97 1780.76 TOTAL 0.00 33604.21 27193.54 28880.53 31827.98 0.00 0.00 GRAND TOTAL 15003.00 16702.00 22337.00 19704.00 23080.36 24056.84 30390.56 36523.33 g:landfi)l\97mowst.xls Revised: Jan 16/98 DEVELOPMENT OF PHASES 3D. 3E. AND 3F The Landfill Authority has been waiting for AEP to approvethe expansion ofthe landfill into phase 4a since May. Mobil Oil relocated their pipeline in September to allow drainage from the borrow pit and extend the life ofphases 3d and 3e. The following advantages can be gained by developing phases 3d, 3e, and 3fin 1999: 1. This area is more enclosed and away from the public than phase 4a. 2. Landfilling in this areacould delay the development of phase 4a for five to eight years. 3. It is more cost effective than phase4a because it has less infra structureto develop. 4. The compost facility would have to relocateonce phase 4a is complete. 5. Phase 4b will have more difficulty to be approved than phase 4a since water wells are within 450m. 6. AEP is aware ofphase 3d, 3e and 3fas a back up plan to phase 4a. Phase 3d would have to be developed one metre above the water table with the existing permit. We would like to maximize the site by eliminating the water table requirement to get 4 to 5 m. ofdepth. This would require extra testing to apply to AEP for a waiver in the current permit. Ideally we would have a cell designed with a leachate collection system but no clay liner at a depth of4 to 5 m. A new approval under the Alberta Environmental Protection and Enhancement Act (AEPEA) is required when the current permit for the site expires in 2001. We should proceed with a "conservative" design ofa cell in phase 3d to get a quick approval under the current permit and apply for a new approval ofthe entire site. The design and approval ofphase 3d, 3e and 3fwould not eliminate the approval ofphase 4a. The costs to develop phase 4a would be used for phase 3d, 3e and 3fin 1999. The costs to design a cell in 3d can be deferred to 1999. Brazeau CountryNews (Circulated by the Municipal District of Brazeau No. 77) Council wishes to extend the following congratulations: To Councillor Bart Guyon for his re-election as Vice-President ofthe Alberta Association of Municipal Districts and Counties. In his speech to the delegates, Councillor Guyon stressed the value and importance of rural Alberta to the 'Alberta Advantage'. In addition, he reminded the delegates that our urban friends have to recognize the value added to their lifestyles through food production. To Public Works Superintendent Terry Fleming on his election as Vice-President ofthe Alberta Public Works Superintendents Association. Update on the Annexation Issue Your Council metwith Municipal Affairs Minister IrisEvans on November 3rd regarding the annexation application by the Town of DraytonValley. The Minister suggested that mediation may possibly bring about resolve to the situation. YourCouncil has appointed Reeve Maureen Schwab and Deputy Reeve Anthony Heinrich to a Mediation Committee with CAO Ken Porter acting in an advisory capacity should mediation be necessary. Any annexation application involves many steps...mediation is only one alternative. Council has been presented with a petition signed by a number of M.D. residents who are opposed to annexation. It is not the wish of your Council to expend dollars in legal battles with our urban neighbor, however two actions have made that necessary. (1) The Municipal Development Plan is under appeal by the Town. This means that the M.D cannot conduct business as usual and it creates a hardship for our ratepayers. The municipality has attended a hearing at the Municipal Government Board to attempt to have this appeal lifted. (2) The filing of the annexation application by the Town puts the municipal district in the position of losing a large portion of their population as well as significant assessment. We were in the negotiating stages with the Town when both these actions took place. We are still attempting to negotiate an agreeable settlement without the continued cost of legal action. YourCouncilassures you that we will keep all residents and ratepayers of the municipality informed as the situation progresses. School Davs at the M.D. Council is working with area schools to facilitate an educational day for students. This will involve a tour of all aspects of the Municipal District organization including a look at all the various equipment including road maintenance and agriculture related equipment. A portion of the day will be taken up with a MockCouncil Meeting in which selected students will participate. It is the desire of Council to give our students a better understanding of the workings of municipal government. Federal Regulations are Stopping Gravel Extraction Due to Federal Fisheries, the Municipal District has been unable to obtain a license to extract gravel from areas close to rivers. Your Council will meet in December with MLA Tom Thurber and our M.P/s to attempt to bring about a solution to this problem. In addition, our Public Works Superintendent recently met with senior staff from Alberta Environment in attempts to resolve this situation. Meetings During the Convention Your Council attended the 90th Anniversary ofthe Alberta Association of Municipalities and Counties Convention in Edmonton from November 16-20. Council met with the following Ministers: ♦ Ed Stelmach, Minister of Agriculture, Food and Rural Development. Council indicated to Mr. Stelmach their concern with the lack of regulations which will govern the new Water Act which goes into effect January 1,1999. This concerns agricultural producers, some of whom have tried unsuccessfully to license their water wells in the past several years. The Ministeradvised that he will look into the concerns and be in contact with our Agricultural Department shortly. ♦ Council, PublicWorks Superintendent Terry Fleming and CAO Ken Porter met with the Minister of Transportation and Utilities concerning several area highways. Council indicated to the Minister their concerns with the intersectionof Highway 22 and Range Road 71 (Old Buck Creek Highway). This is a dangerous intersection and priorto completionof paving Range Road 71 safety concerns at that intersection must be addressed. Council also emphasized to the Ministerthe need for widening Secondary Highway621, and making changes to the intersection of that Secondary Highwayand Highway 22. Council stressed safety concerns regarding that intersection caused by the heavy volume of traffic. The Minister gave assurance that a survey is presently taking place to determine the feasibility of widening Highway 22 from the junction of Highway 22 and 39 to the junction of Highway 22 and Secondary Highway 621. Council appreciates our MLA Tom Thurber taking time from his busy schedule during the fall sitting ofthe Legislature to present at the meeting with Minister Walter Paszkowski. ♦ Public Works Superintendent, Terry Fleming, CAO Ken Porter and the Reeve had a further meeting with Transportation during the convention. Again the concerns regarding the widening of Secondary 621 were discussed. Also discussed was the new Resource Road funding proposal, which may enable the Municipality to do significant work on the Sunchild Road in 1999. Further information will be available from the Minister shortly. ♦ Council also met withSeniorRCMP, to expressconcern regarding the cutbacksthe force is presently undergoing. ♦ Reeve Maureen Schwab and Deputy Reeve AnthonyHeinrich attended the annual Reeve's meeting...your Reeve raised a concern regarding the proposed Review of Electoral Boundaries. Those attending the meeting were in agreement withthe position taken by the M.D. of Brazeauon this issue. It is the fear of Rural Municipalities that any decrease in the number of MLA's will be a reduction In representation for ruralAlberta. Your Council is forwarding a letterto the Premier to indicate concern, this letter will also be circulated to Councils of all rural municipalities for their endorsement. Water Act and Agriculture The Province has nowpasseda newWaterAct. Initially, the Act appearsto havesome very broad implications forAgriculture. Proposed regulations may alterthese impacts. Agricultural Fieldman, Rola Hogan will be assessing the regulations and legislation. Watch for further details in our next newsletter. Weeds and Reclamation * The M.D. presented a resolution to the delegates at the convention regardingthe criteria for well-site reclamation. Under presentlegislation well-site reclamation certificates may be issued on lands containing noxious weeds. The resolution put forward from this municipality and supported by a majority of the delegates will urge the Province to include control of noxious weeds in the criteria for well-site reclamation. Changes in Partnership Luncheons The Partnership Luncheon Program, which began inApril of 1997, has seen a tremendous support from the Community, averaging 70 attendees per lunch in 1998. The Ambassadorship proponent of the Luncheon has also been a huge success by acknowledging those in the communitywho have contributed to ifs growth and prosperity. The purpose of the Luncheons was: (1) to create an atmosphere for members of the local businessto networkwiththeir counterparts,(2) to allow businessesan opportunityto showcase their productsand servicesina personal and thereforeeffective mannerand (3) to honor local Community members whom have contributed to the quality of life of the Community. The Luncheon is facilitated by Drayton Valley/Brazeau Economic Development on a cost recovery basis, with the Partner sponsoring the luncheon at a cost of $150.00 in exchange for the opportunity to showcase their business, and the attendees paying for their own lunch at $6.00. The $150.00 that is paid by the sponsor covers facility rental and marketing ofthe breakfast. However, it is with regret that Drayton Valley/Brazeau Economic Development will not longer be able to host the luncheon 10 months of the year starting in 1999. Even withthe increase in popularity of the luncheons, it is becoming increasingly difficult to find Partners to help sponsor the costs. Therefore at the November 24th meeting of Drayton Valley/Brazeau Economic Development Board a decision was made by the Boardto reduce the number of luncheonsto 4 times a year tentativelyset for March, May, October and December of 1999. Surface Rights Lease Review Committee The terms of reference for this committee have been established as follows: (1) To negotiate surface industrial activity on MD owned lands (2) PublicConsultation is to be done before signing lease agreements for a sour gas facility (3) All of Council becomes the Committee. Two committee members to negotiate all leases on behalf of Council. Council is to approve the final lease before it is signed (4) Agreements are to be signed by committee members and Administration after approval by Council Councillor Requests For Meeting Attendance Each Councillor is willing to attend your Community Association or other Organization meetings. They request, however, that sufficient notice is required (at (east a week) because of the heavy meeting schedules of your Councillors. Councilextends out heartfelt sympathy to the familyof PublicWorks employee Gordon Appleby on his recent passing. DearReeve and Council: We areforwarding to your jurisdiction a letter to the Premiervoicing our concern regarding the possible restructuring ofelectoral boundaries which may result in a lessor number ofMLA's As indicatedatthe Reeves meeting atthe recent AAMD+C Convention we feel that any loss ofrepresentation will bea loss to rural Alberta. If youagree with theenclosed letterwe ask that youendorse it onbehalf of yourjurisdictionandforward it both to thePremier and yourMLA. Regards, Maureen Schwab Reeve bi H-r vj \/r_/r...b... „Aj..jvl.ljjz. 5Z^^£_ y I •Ma/te ecMcoan u>. ntnt CKBUD C\S OF. •Ma/ «mo«Qtft Mix. «V«/ .tH-MKCudhortuUl OttAYTON VALLEY REGIONAL LANDPU. OPERATION PLAN Wt»c ««£• SITE PLAN ^ r" DRAYTON VALLEY REGIONAL LANDFILL AUTHORITY LANDFILL CELL DESIGN I OF PHASES 3d, 3e & 3f SCALE: 1:5000 SITE PLAN FOR 3d, 3e (fRVCKO 0 FIGURE 1.1 98/10/14 t^V^I /dlbcrra MUNICIPAL GOVERNMENT BOARD 15th floor, Commerce Place Telephone 403/427-4864 10155 • 102 Street Fax 403/427-0986 Edmonton, Alberta Canada T5J 4L4 Our File: 98/IMD/01 November 17,1998 F. Richard Haldane FanfeeMcLaws Barrisrers and Solicitors 1500,10^0-101 St. Edmonton, Alberta T5J4K1 Fax: 423-2780 Dear Mr. Haldane: Re: Intermunicipal Dispute Town ofDrayton Valley and the Municipal District ofBrazeau Municipal Government Board Order - MGB 269/98 Your File: 55470-1/FRH Thank you for your recent correspondence respecting the November 4, 1998, decision ofthe Board as outlined in the referenced Order. As a result ofyour discussions and written advice, the Board will now reconvene the hearing on December 21, 1998, to consider the legal and jurisdictional issues raised and any other matter of a preliminary nature. In reviewing the submissions, it appears there are three main points to be presented to the Board: 1. Request by the Town to postpone the intermunicipal dispute hearing until the Town's annexation application is finalized. 2. Request by the MD for the Board to rule as to whetheror not newly identified concerns ofthe Town can be raised with the Board when these concerns were not raised prior to second readingofthe bylaw(s). 3. Request by the MD for the Board to rule that the Town identify the specific provisions ofthe bylaw(s) which are under appeal. ...12 Pgen HaldaneAgrios Our File: 98/IMD/01 Page 2 In accordance with your advice and with the directions given by the Board, the initiating submissions must be exchanged by December 1, 1998, and the Board is agreeable to the response time of December 8, 1998, provided four copies of all exchanged documents and response documents are submitted to the Board on the respective deadline dates. For your information, the Board has notified allaffected landowners in the MD of the dispute actionand provideda copy ofthe Board Order and some basicinformation. It is important to notethat the listofaffected landowners islengthy and was provided by the MD ofBrazeau in accordance with the Board's instructions. The Boardacceptsthe list as complete and up-to-datewith respect to the names and mailing addresses ofthe property owners. The Board will continue to use this list unless the MD of Brazeau provides amendments to the list when properties change ownership. It is also important to note that the landowners are entitled by the Act to make submissions to the Board. The responses of interested landowners may result in changes to the agenda for the continuance ofthe preliminary part ofthe hearing on December 21, 1998, as well as the 1999 scheduleofhearing days. The Boardwillkeep all parties notified ofthe situation. Formal notification ofthe December 21, 1998, reconvening ofthe hearing will be forwarded at a later date, along with a tentative agenda. Please notify the Board ifthere are any misunderstandings with regard to this letter, or iffurther preliminary matters that need to be identifiedor addressed prior to the continuance. Yours truly, k~— Dennis Hawthorne Secretariat Advisor cc: (^Ken Porter, MD ofBrazeau -Manny Deol, Town ofDraytonValley -JackN. Agrios, Q.C., Barrister and Solicitor Pgen HaldaneAgrios DIRECT CONTROL DISTRICT (98-2) (1) General Purpose of District The purpose ofthis district is to allow for the existing use ofthe lands and buildings for industrial activity (on lands previously districted Agricultural) for a specified period of time and for restricted activity. (2) Area of Application This district shall applyto Pt. of NW 33-49-7-W5M (Block 5, Plan 772 2959) as more specifically shown on Schedule "A" ofthis By-law. (3) Permitted Uses Discretionary Uses Industrial Maintenance Facility Surveillance Suite Accessory Building Single Family Dwelling Mobile Home Dwelling (4) Conditions Such development regulations as have been considered and approved by Council and those other regulationsas provided for inthe Municipal Development Plan, Land Use By-law and the Municipal Government Act apply. (5) Application of District This District shall only be appliedwhere all ofthe following conditions are met: (i) The existing shops as constructed in 1991 and 1997 are the only two accessory buildings to be developed on the subject lands for industrial use; (ii) If the said existing shop(s) are damaged or destroyed to the extent of more than 75%, they, or any one of them, shall not be replaced. No additions or exterior structural alterations will be allowed; ^'< i7 T (Hi) No more than^ vehicles&nrelation to the industrial activity fchall be permittedOTJthe lands^at anyone tlrfleT (iv) That the indu^fciaUi^e on this site shall not result in possible or potential conflicts with existing or future surrounding development and shall provide landscape buffers to mitigate noise levels. (6) Definition of Industrial Maintenance Facility - (as it relates solely to Direct Control District (98-2)) The servicing and/or repair ofindustrial vehicles which operations require a large tractofland and do not cause anyobjectionable or dangerous conditions beyond the boundary ofthe District wherein the site is located. Extract from LandUse Bylaw No. 109-90 Municipal District ofBrazeau No. 77 Section 76 CR - COUNTRY RESIDENTIAL DISTRICT (1) General Purpose of District The general purpose of this District is to provide for multi-parcel residential use and to regulate the creation of such parcels in accordance with Section 35 of the Land Use Bylaw. Minor agricultural pursuits may be permitted in this District, [amended, Bylaw 269-96] (2) Permitted Uses Discretionary Uses Park or playground Accessory uses Single family dwelling Boarding or lodging house Accessory buildings Extensive agriculture Minor home occupation Extensive recreational use Major home occupation Institutional or public use Mobile home dwelling Public utilityfacility Those uses which in the opinion of the Municipal Planning Commission are similar to the permitted or discretionary uses, and which conform to the general purpose and intent of this District. [amended, Bylaw269-96] (3) Minimum Parcel Dimensions (a) The minimum parcel width shall be not less than 30.0 m (100.0 ft). (b) The site area shall be not less than 1.62 hectares (4.0 acres) and no greater than 4.05 hectares (10.0 acres), [amended, Bylaw 269-96] (c) Notwithstanding the requirements in subsection (3)(a), the Municipal Planning Commission may vary the minimum requirement in consideration of physical capability of the area for construction, and on-site servicing and improvements, as well as compatibility with adjacent land uses. (4) Minimum Setback Regulations (a) Front Yard: 10.0 m(33.0 ft), except where the front yard is bounded by the right-of- way of any adjoining township or range road, secondary road or primary highway, in which casethe minimum front yard distance shall be40.0 m (131.0 ft) from the road right-of-way. (b) Side Yard: 6.0 m (20.0 ft), except where the side yard isbounded bythe right-of- way ofany adjoining township or range road, secondary road or primary highway, in which case the minimum side yard distance shall be 40.0 m (131.0 ft) from the road right-of-way. (c) Rear Yard: 7.5 m (25.0 ft), except where the rear yard is bounded bythe right-of- way ofany adjoining township or range road, secondary road or primary highway, in which casethe minimum distance shall be 40.0 m (131.0 ft) from the road right- of-way. Notations: (i) A minimum buffer strip of 30.0 m (100.0 ft) shall be preserved from the top bank of any waterbody. No permanent buildings shall be permitted within this strip. (ii) No development shall be permitted within 30.0 m (100.0 ft) from the top or bottom of an escarpment bank, or from any steep slope where the grade exceeds 30%. (iii) The proposed development shall comply with the Alberta Energy and Utilities Board setback requirements as indicated below unless a lesser distance is agreed to in writing by AEUB: a) No development shall be sited within 1.5 kilometres of a sour gas facility as defined in the Oiland Gas Conservation Act or Pipeline Act. b) No development shall be located within 100 metres of a gas or oil well. Setbacks are not required in respect of abandoned well sites but development on any abandoned well site is prohibited. (5) Keeping of Animals and Livestock Household pets, ofwhich only two (2) may be dogs, may be allowed along with no more than three (3) largeranimals (horses, cattle, sheep, goats, etc.) at any one time. Smaller animals (chicken, geese, rabbits, etc.) may be kept on a non-commercial basis only. All animals shall be confined to the owner's parcel, [amended, Bylaw 269-96] ]\ >?nv 25 1998 '!: To: Council, RE: Pt. ofNW 33-49-7-W5M (Block 5. Plan 7722959) I am the adjacent landowner to block #5 Birchfield acres. We have been discussing this situation for five to six months now and nothing has been resolved. The only thing that has changed is the name ofthe permit and one to eight trucks. It is clear to me the council hasn't been listening to the other landowners. Ken Thesen is the one that never got the right permit so why should the rest of us have to put up with the industrial or commercial use of land next to us. Ken hasn't bent one little bit on the major issues. I am willing to allow two trucks and no more. If he is allowed to have eight trucks it tells me that you are telling the rest ofthe residents ofthe M.D. ofBrazeau to build and the council will feel sorry for them and give them what they want - regardless what the other landowners want. What stops the guy on block #1 applying for a permit of the same nature and getting it? If you turn him down it is not fair but you give it to him anyway. It is certainly not listening to the other landowners that live there. Don Nelson Report From: Robert McGowan, Project Manager Date: November 19,1998 Project: RangeRoad 75 (Anderson Pit Road) Granular BaseCourse, Asphalt Concrete Pavement (EPS) and OtherWork Capital Cost Breakdown: Contract(lesssite occupancy) $578,500.00 Contingency (5%) $ 28,925.00 Engineering $ 45,000.00 Construction Bonus $ 6,550.00 Potential Site Occ. Bonus $ 3,000.00 MDEquipment & Labour $ 2,000.00 MD Materials (Culverts) $ 2.000.00 SUBTOTAL $665,975.00 GST $ 19.979.25 TOTAL $685,954.25 MINUS ANDERSON SAND & GRAVEL CONTRIBUTION $138,610.00 GRAND TOTAL: $547,344.25 BUDGET AMOUNT: $547,500.00 %\?\ TAXATION CLERK'S REPORT TO COUNCIL REPORT NO.: TC-98-16 DATE: November 24,1998 SUBJECT: Double Billing of Linepipe for 1998 Taxes REPORT: I have attached correspondence from Skylight Energy and Alberta Municipal Affairs for your review. The assessment that Skylight Energy is disputingltotals 167,030, multiplied by the 1998 tax rate (.018546), giving you a total tax dollar amount of $3,098.74. NOU 24 1998 16=06 FR ASSESSMENT SERUICES 403 422 3110 TO 914035427770 P.01/02 /dlbsrra MUNICIPAL AFFAIRS Commerce Place Telephone 403/422-1377 Assessment Services 10155-102 Street Fax 403/422-3110 Edmonton, Alberta Canada T5J 4L4 r-i> -O -O Dear Ms. Lind: Further to your conversation with Mr. Greg Johnson regarding a pipeline assessed to Skylight Energy Resources Ltd., it appears that the pipeline has beenassessed to both Skylight Energy and to Imperial Resources. After reviewing the situation, the department has decided not to change the assessment for the 1998 tax year. Assessments of linear property are based on ^self-reporting"s^tem in which the primary responsibility for the accuracy of the inventory starts with the assessed person. When linear property companies do not fulfill their responsibility, it is the department that is often blamed when adjustments are made to the assessment. In November of each year, the department requests companies to report their inventory which is then used to prepare the assessment For assistance, the department provides the. companies with a listing of their current inventory on file which they can review and identify any discrepancies. The listing sent to Skylight Resources in November, 1997, included the pipeline in question. Pu^yajiUQ-sectign 292(3) of the Municipal Gover^/nen/_^_CJ3mpanies arereguired tojrjjjjoij^^ "ft"16 department was not notified by Skylight Resources that the pipeline was not owned or operated by them. Furthermore, after assessment notices and detailed reports were sent to all assessees on March 11, 1998, Skylight Resources again had an opportunity to review the information and they could have filed an appeal with the Municipal Government Board within the 30 day appeal period to correct an error in the assessment. No appeal was filed. O Printed on Recycled Paper NOU 24 1998 16:06 FR ASSESSMENT SERUICES 403 422 3110 TO 914035427770 P.02/02 November 23,1998 Ms. Carol Lind Drayton Valley, Alberta Page 2 Should the council ofa municipality consider it equitable to do so, section 347 of the Act enables the municipality to cancel or refund all or part of atax I suggest this is Skylight Resources only recourse at this time. If you require additional information, please do not hesitate to call me. Sincerely, Jeifry Husar, A.MAA. (rector, Linear Property Assessment ** TOTAL PAGE.02 ** r7.:y-"-.'T-:; • SKYLIGHT ENERGY RESOURCES LTD. }-::" ; BOX 787 liiJZ-.. --.ji KINDERSLEY SK SOL ISO ^ ° ~ u" ~~ ~ ^ November 2, 1998 ATTENTION: Bart Guvon M.D. ofBrazeau Box 77 DRAYTON VALLEY AB T7A 1R1 Phone: (403) 542-7777 Fax: (403) 542-7770 Dear Sir: Re: Double Billing ofLinepipe at 3-18-48-10 W5M for 1998 Taxes At the end ofJuly, 1998 we received a letter from Imperial Oil asking for payment for taxes referring to the above location. At the time I checked our files and found that we too had already paid for the same line. I called MelanieHarkness from Imperial Oil in Calgary and told her that we had already paid once for it and she should check into it at her end. She did and called me back after checking with her field personnel andtheyinformed her that Imperial Oilhad sold the wells to us but had kept that line so Imperial is responsiblefor the taxes on it and that we should call the Municipality and get a rebate. I called that office in Drayton Valleyon or around August 5/98 and talked to I believe Carol Lynd. She told me I would haveto contact Alberta Municipal Affairs because they do the assessing on this. I called Greg Johnson at the Edmonton office andfinally talked withhim at the beginning ofSeptember and he said that we only had30 days to appeal andthere was nothing we could do. I left it at that pointbut the moreI thought about it andtalked with othersI thinkhe maybe miss understood and maybe didn't realize that this line was paid bybothus (Skylight Energy Resources) and ImperialOil. This is a doublebilling and not just a question or error in the assessment. ...72 Page Two M.D. ofBrazeau Re: Double Billing I feel we should receive a rebate for this line and have attached a copy ofour records for our bill and also a copy ofthe information Melanie from Imperial Oil had sent me. Also notethat I have checked the previous year also to see if we have always been charged for this since we purchase the package from Imperial Oil but found we weren't charge for 1997 so I'm assuming Imperial Oil was charged last year and now for some reason we wereboth charged for 1998 tax year. I never check back any further thanthat. Please advise me ofyour decision in this matter. Ifyou haveany further questions please don't hesitate to call me at (306) 463-6066 from 10:00 a.m. - 4:00 p.m. Sask time. Yours truly, Deb Holland Office Manager /dlh attachments IMPERIAL OIL RESOURCES LIMITED PROPERTY TAX DEPARTMENT 237 4TH AVENUE S.W. CALGARY, ALBERTA T2P 0H6 JUL 28 1998" JULY 20,1998 SKYLIGHT ENERGY RESOURCES LTD. C/O HOLLAND'S HOT OILING LTD. BOX 787 KINDERSLEY, SASKATCHEWAN SOL ISO ATTENTION: PAT HOLLAND DEAR SIR: RE: INVOICE NUMBER D31998P003 THEATTACHED INVOICE FROM IMPERIAL OIL RESOURCES LIMITED RELATES TO 1998 PROPERTY TAXES WHICHYOUR COMPANY NOWHAS RESPONSIBILITYFOREITHER THROUGH OWNERSHIP OR OPERATOR SHIP CHANGES. WE WOULD ASK THAT PAYMENT BE ISSUED INCLUDING THE INVOICE NUMBER WITHIN 30 DAYS TO: IMPERIAL OIL RESOURCES LIMITED ACCOUNTS RECEIVABLE 237 4TH AVENUE S.W. CALGARY, ALBERTA T2P0H6 SHOULD YOU HAVE ANY QUESTIONS REGARDING THIS MATTER, PLEASE CONTACT OUR PROPERTY TAX DEPARTMENT AT 237-3069. YOURS TRULY, w^A^t M. HARKNESS PROPERTY TAX ADMINISTRATOR / ^ (tsso) ImperialOil IMPERIAL OIL RESOURCES LIMITIED 237 4TH AVENUE S.W. CALGARY, ALBERTA T2P 0H6 INVOICE NUMBER: O31998P003 INVOICE TO: SKYLIGHT ENERGY RESOURCES INVOICE DATE : 20-Jul-98 THIS INVOICE REFLECTS THE 1998 PROPERTY TAXES OWING ON THE FOLLOWING PROPER! Entity Municipality Description / Location Tax Type Code 1998 Assessment 1998 Property Taxes 3,097.74 MD OF BRAZEAU NO 77 03 18 048 10 516 21 048 167,030 167.030 INVOICBJOTAL PAYABLE: $3,097.74 'Aiimicihm l£i\//u'c/ of; COMBINED ASSESSMENT AND TAX NOTICE MAILING DATE FINAL DATE OF COMPLAINT April 17, 1998 May 20, 1998 P.O. BOX 77, 5516- INDUSTRIAL ROAD, ROLL NUMBER OWNER NUM8ER TAXATIONYE/ DRAYTON VALLEY, ALBERTA, T7A 1R1 102700 007315 1998 PHONE: (403) 542-7777 EDM. DIRECT: 428-7826 FAX: (403) 542-7770 MUNICIPAL ADDRESS SCHOOL SUPP0R1 Public: 100.00% ESSO RESOURCES CANADA LTD. Separate: 0.00% Public Undeclared: 0.00% PROPERTY TAX GROUP EPW Separate school declarations may only be made within a designated separate school district 38 FL, 237-4 AVE. S.W. COPIES SENT TO: CALGARY, AB T2P0H6 Canada To register a complaint with the Assessment Review Board, 'ill out details on reverse detach and mail this portion. ASSESSMENT & TAX NOTICE FOR ROLL #: 102700 QTR.-LSD/SECmVP/RGE/M LOT/BLOCK/PLAN ----- qt^_ ACRES PIPELINE 5 ESSO RESOURCES CANADA LT 0.000 ASSESSMENT CATEGORY LAMD BUILDINGS/IMPROVEMENTS EXEMPT TOTAL ASSESSMENT Pipeline CPA $1,027,840 $101,008,680 $0 $102,036,520 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL ASSESSMENT m» $1,027,840 $101,008,680 $0 I$102,036,520 TAKE NOTICE thatyouareassessed as shown for thetaxation year. The Assessment Roll is opentor review at the MO office during regular business hours. In accordance with Senior 307 ofthe Municipal Government Ac!, any person may inspect the Assessment Roll during business hours. If you wish to object to your assessment or any assessment, you must within thirty (30) days of the mailing date of the Assessment Notice lodge your complaint in writing to this Office (See other side for details) Municipal - Nonresidential .008400 $857,106.77 School - Linear .009990 $1,019,344.83 $0.00 Requisition Collection Allow. .000156 . $15,917.-70 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 LOCAL IMPROVEMENT CHARGES: $0.00 $0.00 051998 $0.00 $0.00 TOTAL MUNICIPAL TAXES (A) $857,106.77 i TOTAL SCHOOL TAXES (B) $1,035,262.53 CURRENT TAXES (A+B) ADD: ARREARS (CREDITS) TOTAL PAYABLE BEFORE MAY 31 $1,892,369.30 $0.00 $1,892,369.30 APENALTY OF 1% / MONTH WILL BE APPLIED ON ALL OUTSTANDING BALANCES EFFECTIVE JUNE 1 AND EACH MONTH THEREAFTER UNTIL FULLY PAID. c/6 C "- > i .-Wi'VtJjh'. NAIA-212-2 ALBERTA MUNICIPAL AFFAIRS 98/05/16 PAGE 1977 INDUSTRIAL ASSESSMENT PIPELINE LINEPIPE ASSESSMENT LISTING BY ASSESSEE/MUNICIPALITY FOR ASSESSHENT YEAR 1997 GENERAL ASSHT YEAR: 1996 MANUAL YEAR: 1984 ASSMT = AMOUNT * (RATE * 0.75 (DEPRECIATION) * 1.330 (STEEL FACTOR) » 1.00 (SLF)) C NUNC ASEE ITEM • GS LICENSE COMPANY LS SC THP RG H LS SC TWP RG H TYPE P DIAH HSE LN/AHT RATE ASSESSHENT 0383 3826 2420 T2396 14 27 049 11 5 03 28 049 11 5 WATE 0 88.9 S 2399 23.80 0383 3826 2430 T2457 08 28 049 11 5 07 28 049 11 5 WATE 0 88.9 S 250 23.80 0383 3826 2440 T4032 09 26 050 10 5 10 26 050 10 5 GAS 0 114.3 S 209 30.50 0383 3826 2450 T4032 01 32 050 10 5 01 35 050 10 5 WINJ G 114.3 S 4799 30.50 0383 3826 2460 T2457 -. I3 22 049 11 5 03 28 049 11 5 HSUP 0 88.9 s 1600 23.80 ,vW& 0363 3826 2470 T6077 07 13 050 11 5 08 13 050 11 5 WINJ G 60.3 S 520 21.00 0383 3826 2480 T4032 06 03 050 10 5 02 35 050 10 5 GAS G 168.3 s 3720 39.30 0383 3826 2490 T2396 03 28 049 11 5 03 28 049 11 5 GINJ G 88.9 s 158 23.80 0383 3826 2500 - 19633 - T4032 — 08 25 049 11 5 03 28 049 11 5 GINJ G 88.9 s 6330 23.80 0383 3826 2510 16120 T2487~ 03 28 049 11 5 09 06 050 11 5 WINJ G 60.3 s ~~5053 21.00 0383 3826 2520 18250 T6112 03 28 049 11 5 06 03 050 11 5 GINJ G 114.3 s 3943 30.50 0383 3826 2540 17600 T6135 06 28 049 11 5 01 34 049 11 5 SEC G 168.3 s 3432 39.30 0383 3826 2550 T4202 08 12 050 11 5 06 06 050 10 5 SEC 60.3 P 2439 12.20 0383 3826 2570 T4028 06 12 050 11 5 01 34 049 11 5 FLOW G 88.9 s 4143 23.80 0383 3826 2580 7968 T2401 02 35 050 10 5 02 03 051 10 5 SEC 0 114.3 s 2857 30.50 0383 3826 2590 8355 T2401 02 35 050 10 5 02 03 051 10 5 GAS G 168.3 s 2470 39.30 0383 3826 7610 15 T4202 . 12 14 050 11 5 08 10 050 11 5 SEC G 114.3 s 1600 30.50 0383 3826 7620 5170 AHA 96 08 21 049 11 5 14 21 049 11 5 SEC 0 60.3 SA 1560 21.00 0383 3826 7630 3217 AHA 96 04 05 049 09 5 05 33 048 07 5 SEC G 68.9 SN 21300 23.80 0383 3826 7640 3217 AHA 96 13 22 049 10 5 04 05 049 09 5 SEC G 88.9 S 8900 23.80 • 0383 3826 7650 20823 AHA 96 03 18 048 10 5 16 21 048 10 5 SEC G 114.3 S 5490 30.50 0383 3826 7660 8355 AHA 96 01 35 050 10 5 04 27 049 10 5 SEC G 168.3 s 12180 39.30 < 0383 3826 7670 '.L-7968 AHA 96 02 35 050 10 5 06 02 050 10 5 SEC G 168.3 s 7510 39.30 ^3 3826 7680 3727 AMA 96 06 09 050 10 5 06 02 050 10 5 SEC 0 60.3 S 5260 21.00 1 KmtKt/ta/ j (.*(/icf (j UUIVIDHMLU MOOLOOIVILN I iyl'myean >Ao. // AND TAX NOTICE MAILING DATE April 17, 1998 mMW P.O. BOX 77, 5516- INDUSTRIAL ROAD, DRAYTON VALLEY, ALBERTA, T7A 1R1 ROLLrJIJMBER NYEAR PHONE: (403) 542-7777 EDM. DIRECT: 428-7826 FAX: (403) 542-7770 offlWff"" ms MUNICIPAL ADDRESS Public: school support 100.00% SKYLIGHT ENERGY RES. LTD. Separate: 0.00% Public Undeclared: 0.00% Separate school declarations may only be marie within a designated separate school district BOX 787 COPIES SENT TO- KINDERSLEY, SAS S0L1S0 Canada To register acomplaint with the Assessment Review Board, fill out details on reverse detach and mail this portion ASSESSMENT &TAX NOTICE FOR ROLL #: 007430 LEGAL DESCRIPTION AND ASSESSMENT QTR.-LSD/SEC/TWP/RGE/M LOT/BLOCK/PLAN OTHER PIPELINE 5 SKYLIGHT ENERGY RES. LTD. m0 ASSESSMENT CATEGORY LAND BUILDINGS/IMPROVEMENTS EXEMPT iOTALASSESSMENT Pipeline CPA $17,520 $2,562,260 $0 $2,579,780 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL ASSESSMENT $17,520 $2,562,260 w $2,5/9,/80 Io-E ,N.°uTI» th3t yl!unare aSSeSSed 3S Sh0Wn f0r the taxation year The Assessmenl R°» 'S open for review at the MD office during regular business hours In accordance with Section 30/ of the Municipal Government Act. any person may inspect the Assessment Roll during business hours. If you wish to object to your assessment or any assessment you must withm thirty (30) days of the mailing date of the Assessment Notice lodge your complaint in writing to this Office (See other side for details). MUNICIPAL TAXES SCHOOL TAXES/OTHER REQUISITIONS TAX RATE TAXES TAX RATE TAXES Municipal - NonResidential .008400 $21,670.15 School - Linear .009990 $25,772.00 $0.00 Requisition Collection Allow. .000156 $402.45 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 LOCAL IMPROVEMENT CHARGES: $0.00 $0.00 $0.00 $0.00 TOTAL MUNICIPAL TAXES (A) $21,670.15 TOTAL SCHOOL TAXES (B) $26,174.45 CURRENT TAXES(A+B) ADD: ARREARS (CREDITS) TOTAL PAYABLE BEFORE MAY 31 $47,844.60 $0.00 $47,844.60 APENALTY OF 1% / MONTH WILL BE APPLIED ON ALL OUTSTANDING BALANCES EFFECTIVE JUNE 1 AND EACH MONTH THEREAFTER UNTIL FULLY PAID. d)@1I fj WyZl &o?y(> gggg )P MUNICIPAL DISTRICT OF BRAZEAU NO. 77 P.O. BOX 77, 5516 INDUSTRIAL ROAD, rmAVTONVAl I FV At RFRTA T7A 1D1 Return this portion with payment to the above municipal address AnUKI SS COnillSKON^ Al HflllM MUNICIPAL Aiy PIPE LINE ASSESSMENT NOTICE KtPl UNt *SSkSSMF.NI Sy- munOOH. COMMt'HCt P,' /llbcrfa IOISS- H)2S(HttI EDMONTON. AlBEIHA Tb.HL « MUNICIPAL AFFAIRS 0 YEAR 19) THE MUNICIPAL GOVERNMEK 1994 CHAPTER M-26.1 TH ASSESSEE I CODE NAME AND ADDRESS 257. 0 ) 8601 SKYLIGHT ENERGY RESOURCES LTD P 0 BOX 787 IN ACCORDANCE WITH SECTION 308(2.1) OF T, KINDERSLEY SK ACT, THE MUNICIPALITY MUST RECORD ON li SOL ISO ASSESSMENT ROLL THE INFORMATION IN Thl^ ASSESSMENT NOTICE. THE ASSESSMENT ROlL MUST ALSO SHOW LINEAR PROPERTY AS ASSIGNED AN ASSESSMENT CLASS OF "CLASS 2 - MUNTCTPAl TTY | NON-RESIDENTIAL", AND ASSESSABLE FOR ALBERTA SCHOOL FOUNDATION FUND PURPOSES. CODE NAME AND ADDRESS 0383 M.D. OF BRAZEAU NO. 77 NOTE: THE ASSESSOR DESIGNATED BY THE BOX 77 MINISTER HAS MAILED THIS NOTICE TO THE DRAYTON VALLEY ASSESSEE AND TO THE MUNICIPALITY. ALBERTA. T7A 1R1 AN APPEAL FROM THIS ASSESSMENT MAY BE MADE BY SERVING ON OR SENDING BY REGISTERED MAIL TO THE MUNICIPAL GOVERNMENT BOARD AT THIS ASSESSMENT NOTICE COVERS THE FOLLOWING PROPERTIES FOR THE 15TH FLOOR, COMMERCE PLACE, 10155-102 ST. 1998 TAXATION YEAR FOR THE PERIOD NOVEMBER 1ST, 1996 TO EDMONTON, ALBERTA, CANADA T5J4L4. A NOTICE OCTOBER 31ST, 1997. SEE THE ATTACHED COMPUTER LISTING FOR DETAILS. THEREOF IN WRITING AND-STATING REASONS FOR THE SAME. WITHIN'i^M DAYS AFTER THE DATE OF MAILING. \^ ) TOTAL WELL ASSESSMENT $ 2 ,137 ,830 ' TOTAL FLOWLINE ASSESSMENT $ 257 ,400 A TAX NOTICE WILL BE ISSUED BY THE TOTAL LAND ASSESSMENT $ 17 ,520 "" J MUNICIPALITY TO THE ASSESSEE. LINEPIPE ASSESSMENT - — -^ $ ^Z. 167 ,030 "'•••; TOTAL ASSESSMENT $ 2 ,579 ,780 IERRY HUSAR ASSESSMENT NOTICE MAILED FROM EDMONTON 1GNATED ASSESSOR MARCH 11TH, 1998 MA04 ASSESSEE'S COPY ADDRESS CORRESPONDENCE TO: THE MUNICIPAL GOVERNMENT ACT p,pE LlHfife 1994 CHAPTER M-26.1 17TH FLOdT 10155 - ^ ydlbcrra EDMONTON MUNICIPAL AFFAIRS DB ASSESSMENTYEAJ? TAXATION YEAR CODE ASSESSEE NAME ASSESSMENTSUMMARYOF • 8601 SKYLIGHT ENERGY RESOURCES LTD DATE OF ISSUE 98/tf MADE PURSUANT TO SECTION 292OF THE ABOVE ACT. TAX ROLL WELL FLOW LINE TOT/ CODE MUNICIPALITY NAME NUMBER 2137830 257400 0383 M.D. OF BRAZEAU NO. 77 n* t \ \> * •••• 167030 2579780 TOTALS • 2137830 257400 17520 ASSESSEE'S COPY A* A MAUOMA06 NOTE:NOTE.* JNiJiigAMU^MINDICATES A REVISIONASSESSMENTORT0TALNEW ITEMINDiCATESA DELETION PAGE 5^w ,«..», 98/02/1** ALBERTAMUNICIPALAFFAIRS MAIA-212-2 INDUSTRIALASSESSMENI" LINEPIPEASSESSmKUBYASSESSEE/HUNIdPALITY \ LINEPIPE^ASASSESSMHMTyEAR19,7 GENERALASSHTYEAR:lATE* 0.75CDEPRECXA,^, !•»• n I erf 1" ft\l>- •>',£rA' '"' - fti-Tt- ) /Q ".'( •*P N \ ••0 •'0 V V A 11 i e Si! fVl* Municipal Manager's Report To Council Date: November 24,1998 Subject: Establishment of a Mediation Committee Recommendation: (1) That Council approve the establishment of a Mediation Committee, consisting of two Councillors and the Manager. The purpose of the Committee is to meet with the Mediation Committee of the Town of Drayton Valley, if and when required, and report back to Council. (2) That Council approve the attached letter to the Minister of Municipal Affairs, Iris Evans. Background: Since the last joint meeting with the Town of Drayton Valley held on June 30, Council has received a draft Impact Study from Applications Management Consulting Ltd. In addition, Council has requested an inventory of undeveloped land from the Town of Drayton Valley, which has still not been received. In the event of the possibility of mediation in the future with the Town of Drayton Valley (depending on negotiations), it is therefore suggested that a Mediation Committee be established. November 24,1998 Honourable Iris Evans Minister of Municipal Affairs 424 Legislature Building 10800 - 97 Avenue Edmonton, Alberta T5K 2B6 Dear Honourable Minister: At our Regular Meeting of November 25,1998, Council approved the establishment of a Mediation Committee of the Town of Drayton Valley, if and when required, and report back to Council. Our Council still requires background information before resuming negotiations with the Town of Drayton Valley on annexation. For example; our Council received a draft Impact Study on November 12th, which evaluated the proposed annexation. This has to be finalized. As well, we are still awaiting an inventory of the Town's undeveloped land in order for our consultants to evaluate the remaining years of that inventory. When this information is available, negotiations with the Town can continue and the determination of whether or not mediation is required can occur. Our Council believes that due process should occur before attempts at mediation are carried out. The timing of the mediation process is critical and should not be rushed into before both parties have carried out their due diligence. Thank you for meeting with our Council on November 3,1998, if you have any questions or comments please contact us. Yours truly, Maureen Schwab, Reeve cc: Town of Drayton Valley *w 403-542-5327 Tel. 403-542-5753 Fax 5120 -52 St., Box 6837 TOWN OF DRAYTON VALLEY S™f'AB Internet: http://www.dvnet.drayton_valley.ab.ca/ "PullingTogether" —— November 13,1998 Reeve and Council Municipal District ofBrazeau No. 77 P.O. Box 77 Drayton Valley, Alberta T7A 1R1 Dear Reeve Schwab and Council: RE: Intermunicipal Development Plan Thank you for your letter ofSeptember 29,1998. As you know the Joint General Municipal Plan expired in June of 1997. The Town of Drayton Valley sent a draft Intermunicipal Development Plan to which you responded that the M.D. Council was not prepared to address at that time. As your letter ofSeptember 29,1998 indicates that you wish to start the process now, we look forward to hearing from you with regard to the course ofaction with which you wish to pursue in order to cooperatively reach consensus on an Intermunicipal Development Plan, including how we can address the boundaries ofthe Town and fringe area. Thank you for your consideration. Sincerely, Moe Hamdom Mayor MD/le y( 403-542-5327 Tel. 403-542-5753 Fax 5120-52 St., Box 6837 TOWN OF DRAYTON VALLEY SSfAB Internet: http://www.dvnet.drayton_valley.ab.ca/ "Pulling Together" November 13,1998 Municipal District ofBrazeau No. 77 P.O. Box 77 Drayton Valley, Alberta T7A 1R1 Attention: Reeve Maureen Schwab Dear Reeve Schwab: Thank you for your letter ofSeptember 29,1998. We will lookforward to a joint reviewof all cost sharing agreements oncethe fringe boundaries betweenthe Town ofDraytonValleyand the Municipal DistrictofBrazeau No. 77 are established. Thank you for your consideration towards taking this positive step. Sincerely, '*-!—• Moe Hamdom Mayor MD/le Dear Neil: Councilreviewed your letter at the November25th meeting. It is unfortunate that the Reeve was unable to attend the Horticultural Banquet due to a previous commitment. We do hope you appreciate the demands which are made on the Reeve's time, and would suggest that in thefuture your organization directly contact the Executive Assistant, Karen Robinson at the Municipal District office to arrange for eithertheReeveor another member ofCouncil to attend any future functions. We do wish to assure theAgricultural Societythat Council recognizes and supports allefforts madeby yourorganization. This is evidenced by the commitment of Trucks, Manpower andAgricultural Equipment whichthe Municipal Districtmakes available annually to assist in the production ofyour Livestock Show. Weappreciate your sharing yourconcents with us. FILE: PEMBINA KEYSTONE CARDIUM UNIT WATERFLOOD PROJECT ENTRY FEE FORM NOTICE TO: THE MUNICIPAL DISTRICT OF BRAZEAU NO. 77 RE: NW1A 21-48-4 W5 The Landowner has granted an Alberta Right of Way Agreement dated the day of , A.D. 1998 to the Operator WASCANA ENERGY INC. Take Notice that pursuant to Section 19 of the Surface Rights Act, the Operator shall pay to the Lessor an Entry Fee calculated in accordance with the Act as follows: Area granted 0.82 acre X $500.00 =$410.00 (or $250.00 whichever is greater but in no event shall the Entry Fee exceed $5,000.00 per titled unit) The Operator shall not exercise its right of entry until the Entry Fee has been paid. The Entry Fee is in addition to any compensation payable in respect of the right of entry. Dated the day of A.D. 1998. WASCANA ENERGY INC. By Its Agent: ALLIED LAND SERVICES (1978) LTD. LAND AGENT PHILIP NELSON File: PEMBINA KEYSTONE CARDIUM UNIT-WATERFLOOD PROJECT TEMPORARY WORK SPACE AGREEMENT WHEREAS l/WE, THE MUNICIPAL DISTRICT OF BRAZEAU NO. 77 of DRAYTON VALLEY in the Province of Alberta being the registered owner(s) or entitled to become the registered owner(s) of the following lands: NW % 21-48-4 W5 - C. OF T NO. 892 101 409 EXCEPTING THEREOUT ALL MINES AND MINERALS (hereinafter referred to as "said land"), as delineated on the attached sketch or plan, do hereby agree that in consideration of the sum of—-TWO HUNDRED AND THREE—50/100 Dollars ($203.50) paid to me (us) by WASCANA ENERGY INC. (hereinafter referred to as "Wascana"), receipt of which is hereby acknowledged, which sum includes Entry Fee and in consideration of the covenants and agreements hereinafter provided and on the part of Wascana to be kept, observed and performed: 1. Wascana, its successors and assigns, its contractors, servants and agents is hereby granted the right to occupy the said land for the purpose(s) of Temporary Work Space to accommodate pipeline construction. 2. This Agreement shall terminate upon restoration of the said land and said land shall be restored to the same condition, so far as may be practicable so to do, as the same were in prior to entry thereon and use thereof by Wascana. 3. Wascana shall be liable for all losses, costs, damages, expenses, actions, proceedings, claims, penalties and demands whatsoever which may be sustained or incurred as a result of or in connection with the use of the said land, by Wascana or anyone acting on its behalf. 4. Other Conditions: (if any) CONSENTED and AGREED TO this day of A.D. 1998. THE MUNICIPAL DISTRICT OF BRAZEAU NO. 77 PER: TERRY FLEMING, SUPERVISOR, PUBLIC WORKS PER: KEN PORTER, MUNICIPAL MANAGER WASCANA ENERGY INC. NDIVIDUAL OWNERSHIP PLAN SHOWING PIPELINE RIGHT-OF-WAY IN N.W. 1/4 Sec. 21 Twp. 48 Rge. 4 W.5 M. ALBERTA RIGHT OF WAY AGREEMENT CAPL 1992 <**« l(WE) THE MUNICIPAL DISTRICT OF BRAZEAU NO. 77 OF DRAYTON VALLEY, ALBERTA (hereinafter called "the Grantor") being the registered owner or entitled to become the registered owner of an estate in fee simple, subject however to such encumbrances, liens and interests as may be notified on existing Certificate of Title and situate in the Province of Alberta, namely: MERIDIAN 5 RANGE 4 TOWNSHIP 48 SECTION 21 QUARTER NORTH WEST EXCEPTING THEREOUT ALL MINES AND MINERALS AND THE RIGHT TO WORK THE SAME AREA: 64.7 HECTARES (160 ACRES) MORE OR LESS excepting thereout all MINES and MINERALS in all of that certain tract of land (hereinafter called "the said lands"). In consideration of the sum of- TEN 00/100 (S 10.00 ) Dollars (receipt of which is hereby acknowledged) paid to the Grantor by_ WASCANA ENERGY INC. (hereinafter called the "Grantee") and in consideration of the covenants hereinafter contained I DO HEREBY GRANT, CONVEY, TRANSFER AND SET OVER, to and unto the Grantee, its successors and assigns a right-of-way across, over, under, on or through the said lands to construct, operate and maintain a pipeline or pipelines including accessories and appurtenances and for any other purpose preparatory or incidental thereto including the right to repair or replace the said pipeline or pipelines. The right to construct more than one pipeline in the right-of- way hereby granted shall be limited to one construction operation. The Grantor and the Grantee hereby covenant and agree to the following terms and conditions: 1. FILING PLAN OF SURVEY The Grantee agrees that on or before one year after the date of this agreement it will file at the appropriate Land Titles Office a Plan of Survey of the right-of-way FIFTEEN ( 15 ) metres in width across the said lands in the approximate location as shown on a sketch plan initialed by the parties and delivered to the Grantor upon signing of this agreement. If the Grantee has not either filed a Plan Of Survey within the one-year period, or should the Grantee not forward to the Grantor a Plan of Survey showing the location of the right-of-way to be substantially in the location shown on the sketch plan, on or before one year from the date hereof, this agreement will be null and void and the Grantee shall thereupon execute and register such documents as may be necessary to remove the registration of this agreement from the title to the said lands. 2. PARTIAL WITHDRAWAL AND DISCHARGE OF RIGHT-OF-WAY Upon filing the Plan of Survey at the appropriate Land Titles Office, the Grantee shall cause to be registered such documents as shall restrict this agreement and the rights herein granted to the right-of-way shown upon the Plan of Survey. 3. ADDITIONAL PAYMENT Upon the filing of the Plan of Survey at the Land Titles Office or prior to commencing any construction on the said lands, whichever occurs first; the Grantee shall pay an additional consideration to the Grantor calculated at the rate of EIGHT HUNDRED 00/100 ($800.00) Dollars per acre of right-of-way shown on the Plan of Survey which has been or will be filed. Ifthe additional consideration is not paid to the Grantor within one year after the date of this agreement, the agreement will be null and void and the Grantee shall thereupon execute and register such documents as may be necessary to remove the registration of this agreement from the title to the said lands. 4. PROTECTION OF RIGHT-OF-WAY (a) Subject to the following, the Grantor shall have the right to use and enjoy the right-of-way: i. The Grantor shall not use the right-of-way for any purpose which might either interfere with the rights granted herein to the Grantee, or incur a liabilityfor damages to the Grantee without the prior written consent of the Grantee; including, in particular: No permanent structures may be erected on the right-of-way by the Grantor without the written consent of the Grantee. ii. The Grantor hereby indemnifies and saves harmless the Grantee from all actions, causes of action, proceedings, claims, demands, losses, costs, damages and expenses which the Grantee may pay or incur as a result of or in connection with any use by the Grantor of the right- of-way. (b) The Grantee shall be responsible for and compensate the Grantor for reasonable additional costs incurred by the Grantor which may be caused by the existence of the said pipeline, pipelines, and right-of-way, in connection with the excavation, drilling, installation, erection, repair or construction for any permitted operation for agricultural or related purposes across, over or under, on or through the right-of-way. 5. REMOVAL OF PROPERTY Notwithstanding any rule oflaw orequity, the pipeline orpipelines shall at all times remain the property ofthe Grantee, notwithstanding that the same may beannexed oraffixed tothesaid lands and shall atany time and from time totime beremovable in whole orin part by theGrantee. 6. DAMAGES The Grantee shall pay compensation for any and all damage where such damage occurs as a result of the operations of the Grantee; its servants, agents or contractors. 7. LIABILITY The Grantee covenants and agrees to indemnify and save harmless the Grantor from any and all liabilities, damages, costs, claims, suits or actions caused byor resulting from the construction, operation, maintenance and/or repairs ofthesaid pipeline or pipelines and/or any related fixtures and appurtenances affixed to the right-of-way otherthanthrough wilful damage orgrossnegligence bythe Grantor. 8. TOPSOIL Insofar as it may be practicable to do so, the Grantee shall, unless otherwise requested by the Grantor, strip from the ditch line prior to construction such width as may be required undergood oil field practices and incompliance with existing regulations and replace the topsoil as near as possible to its original condition following construction. 9. TAXES The Grantee shall pay all rates and taxes that may be assessed and levelled from time to time against its interest in the said lands and installation, or in connection with its operations thereon. 10. ABOVE GROUND INSTALLATION The Grantee shall, so far as may be practicable, locate any above ground installation in such a fashion as to provide a minimum of inconvenience to the Grantor. The Grantee agrees to compensate the Grantor for such above ground installation by separate agreement and failing such agreement within sixty (60) days from the date ofsuch installation, the matter of compensation shallbe submitted to arbitration as hereinafter provided. 11. DISCONTINUANCE AND ABANDONMENT Upon the discontinuance ofthe use ofthe said right-of-way and ofthe exercise ofthe right(s) hereby granted, the Granteeshallrestorethe said lands to the same condition, so faras may be practicable todoso, as thesaid lands were prior to the entry thereon andthe use thereof bythe Grantee: PROVIDED HOWEVER, that the Grantee may, at its option, leave and abandon the said pipeline orpipelines in place. The Grantee agrees to withdraw and discharge any encumbrance registered in the Land Titles Office pertaining to this agreement upon abandonment of the said right- of-way. 12. DISCHARGE OF ENCUMBRANCES The Grantee shall have the right at its option, to pay or discharge any balance owing under any agreement of sale or mortgage or any tax charge, lien or encumbrances of any kind or nature whatsoever, which may exist prior to the registration of this agreement, upon or against or in any way affecting the said lands, in which event the Grantee shall be subrogated to the rights of the holder or holders thereof and may, in addition to exercising and enforcing such rights, atits option, apply and credit the amount sopaid by it, tothe consideration as setforth above in this agreement. 13. ARBITRATION If the amount for compensation for damages, and/or above ground structures payable cannot be agreed upon by the Grantor and the Grantee, the matter at issue shall bedetermined by three disinterested arbitrators, and the decision of any two ofsuch three arbitrators shall befinal and conclusive; PROVIDED THAT in all other respects the provision of the arbitration legislation then in force in the Province of Alberta shall apply to each submission. In any event, the responsibility for the arbitration costs shall bedetermined by the appointed arbitrators. 14. DEFAULT Notwithstanding anything herein contained to the contrary, the Grantee shall not be in default in the performance of any of its covenants or obligations under this Agreement, unless and until the Grantor has notified the Grantee in writing ofsuch default and the Grantee has failed to commence action to remedy the same within thirty (30) days of the receipt of such notice. For the purpose of this clause, a letter by the Grantee ofits intent toremedy a default shall constitute a commencement ofaction toremedy the said default 15. FORCE MAJEURE Neither party shall be considered in default in performance of its obligations under this agreement, to the extent that the performance of such obligations orany of them, isdelayed by circumstances, existing orfuture, which are beyond the control ofthe Grantor orthe Grantee. 16. ADDITIONAL TERMS Any additional terms, expressed orimplied, shall beof no force or effect unless made in writing and agreed toby the Grantor and the Grantee. 17. ASSIGNMENT All the covenantsand conditions herein contained, shallextend to, be binding upon, and ensure to the benefit of,the executors, administrators, successors, and assigns of the Grantor and the Grantee respectively. 18. QUIET ENJOYMENT TheGrantee performing and observing the covenants andconditions onitspartto be performed and observed shalland maypeaceably hold and enjoy the rights, liberties and easements, hereby granted without hindrance, molestation or interruption on the partofthe Grantor or any personclaiming by,through, underor intrustforthe Grantor forso long thereafter as the Grantee,hissuccessors and assigns continuesto use the right-of-way for the purposes herein set forth. 19. NOTICES All notices to be given hereunder may be given by registered letter addressed to the Grantee at 2900.240 4 AVENUE SW CALGARY. ALBERTA T2P 5C1 and to the Grantor at BOX 77.5516 INDUSTRIAL ROAD. DRAYTON VALLEY. AB. T7A 1R1 or such other addresses as the Grantor and the Grantee may respectively from time to time designate in writing, and any such notice shall be deemed to have been given to and received by the addressee fourteen (14) days after the mailing thereof, postage prepaid and registered. IN WITNESS WHEREOF the Grantorand the Grantee have hereuntoset theirhandand seal this day of A.D. 1998. SIGNED, SEALED AND DELIVERED In the presence of: GRANTOR: THE MUNICIPAL DISTRICT OF BRAZEAU NO. 77 : Pen WITNESS TERRY FLEMING, SUPERVISOR, PUBLIC WORKS . Pen WITNESS KEN PORTER, MUNICIPAL MANAGER GRANTEE: WASCANA ENERGY INC. Per: WITNESS Pen WITNESS CONSENT OF SPOUSE '•• — . being married to the above named (Grantor) do hereby give my consent to the disposition of our homestead, made in this instrument, and Ihave executed this document for the purpose of giving up my life estate and other dower rights in the said property given to me by the Dower Act, to the extent necessary to give effect to the said disposition. Spouse of Grantor CERTIFICATE OF ACKNOWLEDGEMENT BY SPOUSE 1. This document was acknowledged before me by_ apart from her husband (or his wife). 2- — acknowledged tome that she (or he) (a) is aware of the nature of the disposition. (b) isaware that theDower Act, gives her(or him) a life estate in thehomestead and theright toprevent disposition ofthehomestead by withholding consent. (c) consents to thedisposition for the purposes ofgiving upthelife estateandother dower rights in the homestead given to her (or him)by the DowerAct,to the extent necessary to giveeffectto the said disposition, (d) is executing the document freely and voluntarily without anycompulsion ofthe partofher husband (orhiswife). Dated at in the Province of Alberta, this_ _day of A.D. 19 . A Commissioner for Oaths in and for in the Province ofAlberta AFFIDAVIT I, of in the Province ofAlberta .make oath and say: (Occupation) 1. That I am the grantor named in the within instrument 2. That I am not married. OR 3. That neither myself nor my spouse have resided on the withinmentioned land at any time since our marriage. SWORN before me at In the Province ofAlberta this _day of_ A.D. 1998 A Commissioner for Oaths in and for the Province ofAlberta AFFIDAVIT OF EXECUTION CANADA I. of the PROVINCE OF ALBERTA of. in the Province ofAlberta, TO WIT: j make oath and say: 1. That I was personally present and did see named inthe within instrument, who are personally known to me to be the persons namedtherein, duly sign and execute the same forthe purpose named therein. 2. That the same was executed at in the Province of Alberta, and that I am the subscribing witness thereto. 3. That I know the said _and they are each in my belief of the full age of eighteen years. SWORN before me at in the Province ofAlberta this _dayof_ A.D. 19 A Commissioner for Oaths in and for the Province ofAlberta CONSENT BY OCCUPANT, VENDOR, MORTGAGEE OR OTHER INTERESTED PARTY: I, (WE_ of in the Province of havingan interest in the within lands by virtue of an Agreement or Instrumentdated the day of A.D. 19 DO HEREBY AGREE thatall my (our) rights, interests andestate which are,or may be,affected bythe above Alberta Right-of-Way Agreement shall be fully bound byall theterms andconditions thereof both now and henceforth. Dated at_ jn the Province of. ALBERTA this day of_ A.D. 1998 WITNESS WASCANA ENERGY INC. INDIVIDUAL OWNERSHIP PLAN SHOWING PIPELINE RIGHT-OF-WAY IN N.W. 1/4 Sec. 21 Twp. 48 Rge. 4 W.5 M. n 15.24m PEMBINA P/L R/W jr PLAN No. 3920 K.f ™ .2-10 x 40 Temp. Workspace OWNER(S): THE MUNICIPAL DISTRICT SCALE 1 : 5000 SURVEY MONUMENTS FOUND SHOWN THUS: • OF BRAZEAU No. 77 SURVEY MONUMENTS PLANTED SHOWN THUS: O DISTANCES ARE IN METRES 892 101 409 TITLE No. PORTIONS REFERRED TO ARE SHOWN THUS:___aa_g: AREAS REQ'D: FOR P/L R/W 0.333 ho. 0.82 _Ac. WORK SPACE REQ'D 0.149 ho. 0.37 Ac. CERTIFIED CORRECT Morch 6, 1998. THE LOCATION OF THE RIGHT OF WAY IS AGREED TO THIS DAY OF 199 . I/WE HAVE NO OBJECTION TO ALBERTA ENERGY AND UTILITIES BOARD ISSUING A PIPEUNE AND/OR CONSTRUCTION PERMIT //Alberta land survey (Bernard J. McKenno) McELHANNEY LAND SURVEYS (ALTA.) LTD. DWN BY: AF CHK'D BY: BM DATE: Morch 6th, 1998 it 450, 999-8th STREET S.W. CALGARY, ALBERTA McElh@nney T(403)245-4711 F(403)2?9-9160 DWG No.:C3835I01-7 REV.: JOB No.: 331103835