A· 4900 50 ST TABER, ALBERTA, CANADA T1G 1T1

TELEPHONE: (403) 223·5500 FAX: (403) 223-5530

I OW N o~ TABER

RAY BRYANT Page 1 of 2 MAYOR FORWARDED: OCTOBER 4, 2012

AGENDA

REGULAR MEETING OF THE COUNCIL OF THE TOWN OF TABER, TO BE HELD IN THE COUNCIL CHAMBERS, ADMINISTRATION BUILDING, ON TUESDAY OCTOBER 9, 2012 AT 5:00 P.M., IMMEDIATELY FOLLOWING THE PUBLIC HEARING MEETING AT 5:00 P.M.

MOTION ITEM NO. 1. CALL TO ORDER

ITEM NO. 2. ADOPTION OF THE AGENDA X

ITEM NO. 3. DELEGATIONS A) RFD Taber Food Bank Budget Presentation X B) RFD Taber Municipal Library Board Budget Presentation X C) RFD Taber & District Handibus Association Budget Presentation X

ITEM NO. 4. ADOPTION OF THE MINUTES A) RFD Subdivision Authority Meeting of Council September 24, 2012 X B) RFD Regular Meeting of Council September 24, 2012 X

ITEM NO. 5. BUSINESS ARISING FROM THE MINUTES A) RFD Recreation Facilities Rental Fee Waiver and Reduction Request Policy PS-REC-2 X

ITEM NO. 6. BYLAWS A) RFD Proposed Land Use Text Amendment Bylaw 16-2012: 2"d Reading X B) RFD Proposed Land Use Re-Zoning Amendment Bylaw 17-2012: X 151 Reading

ITEM NO.7. ACTION ITEMS A) RFD Alberta Utilities Commission (AUG) Decision X B) RFD Retention of Municipal Documents X C) RFD Fortis Franchise Fee X D) RFD Declaration of Land as Surplus X E) RFD Administration Building Flag Poles X F) RFD Department Report X

email: [email protected] http://www.taber.ca A- 4900 50 ST TABER, ALBERTA, CANADA T1G 1T1

TELEPHONE: (403) 223·5500 FAX: (403) 223-5530

I'OWN 01' TABER Page 2 of2

ITEM NO. 8. MEDIA INQUIRIES

ITEM NO. 9. CLOSED SESSION X Legal Labour

ITEM NO. 10. OPEN SESSION X

ITEM NO. 11. CLOSE OF MEETING X

email: [email protected] http://www.taber.ca , ...... u TABER Agenda Item No. 3.A) TOWN OF TABER COUNCIL REQUEST FOR DECISION

Subject: Delegation: Taber Food Bank­ Date of October 9, 2012 Request for Funding for 2013 Budget. Agenda: Prepared B}'_: Kerry Van Ham, Council & CAO Assistant Attachments: Correspondence from the Taber Food Bank Topic: Request for Funding for inclusion in the Town of Taber 2013 Budget

g' Mr. Rod Yokoyama and Ms. Vicky Terrick of the Taber Food Bank will be presenting the n Organization's request for funding for inclusion in the Town of Taber 2013 budget, to cc" Council. a s::::: ::::s a. ••

0 "C 1. That Council receives the request for funding from the Taber Food Bank, for .... inclusion in the Town of Taber 2013 budget, for information . 0-· ::::J tn

Recommendation: Option #1 - That Council receives the request for funding from the Taber Food Bank, for inclusion in the Town of Taber 2013 budget, for information.

Approval October 4, 2012 CA0 ~1rl~ Date: Taber Food Bank 5512 48 Ave Taber AB TlG 2H7 Sept. 21, 2012 TOWN OF TABER

TaberCAO SEP Z 1 2012 Taber Mayor Ray Bryant 4009A-50 Street Taber, Alberta L_~~~F-7"'--'~rvn~( .L TlG lTl ptzr/1~ To the Honorable Mayor Ray Bryant and CAO,

I am writing this letter on behalf of the Taber Food Bank. Thank you for your financial support to cover our utilities for the 2011 year. We are grateful for our leaders who step forward to show compassion towards those in need in our community.

As you know the Taber Food Bank services a variety of needs within both the town of Taber and the MD of Taber. Currently our statistics show that approximately 132 families are clients living within the town itself and access the food bank on a monthly basis for hampers. The Taber Food Bank services the needs of many different groups of people including those with cancer, diabetes, HIV, Hepatitis C, back injuries and those with mental health disorders. Safe Haven and St. Vincent DePaul refer their clients to the food bank as those individuals begin the process of repairing and rebuilding their lives.

Our goals within the Taber Food Bank are to provide short term support to feed the hungry in our community, to plan and implement collective approaches and methods with other food banks in the region for public education awareness concerning poverty and hunger issues. We also provide emergency support to the families and individuals facing immediate crisis. To many of these individuals and families the reality of the food bank is to provide the essential basic needs to daily living.

Financially the food bank is holding its own, however with food costs and shipping on the increase our budget is becoming ever tighter. As the Taber Food Bank Society we undertake many methods to raise funds to keep the food bank operational. Some of these include food drives, food share, fund raisers, grant applications, private and corporate donors and most recently our bottle recycling containers. We write to you today to ask for your support in a financial way. We would like your consideration again in helping to cover the costs of our utilities per month. The cost for 2012 for water bill with the town will be approximately $1850. Included are the last 12 months of our financial statements for your review in helping to consider your decision.

The executive members of the Taber Food Bank are available to meet with you at your convenience. We look forward to your response.

Sincerely, Rod Yokoyama, President of the Taber Food Bank Society Vicki Terrick, Vice- President of the Taber Food Bank Society 2012 Income Statement Estimate Taber Food Bank lan 1-Dec 31 Z01Z

4000 · Fundraising Coin Jars 1725 Duck Race 1131 Friends helping friends 632 Food Drive 202 Gala income 8831 Total4000 • Fundraising 12521 4010 · Business 19211 4020 · Church 9948 4050 · Membership 200 4100 · Individuals 16554 4150 · Schools 1731 4200 · Organization/Club Income 4534 4300 · Grant Income 25000 1/2 of 2 year grant to offset wages 4400 · Interest Income 231 77409 Total Income 89930

Expenses 6000 · Bank Charges & Interest 65 65 6050 · Nexen- Power/Gas 6800 6075 ·Town of Taber 1850 6100 ·Telephone 783 Total Utilities 9433 Insurance Directors Insurance 678 6125 · Building Insurance 2369 Total 6110 • Insurance 3047 6165 · Building Equipment Repairs 800 6175 ·Building Maintenance 1358 6200 · Van license/Insurance 708 6225 · Van Maintenance 200 3066 6250 · Office/ Advertising 629 6255 · Memberships & Dues 300 929 6300 · Food Purchases 16000 6305 · Butchering costs 1120 6315 · Christmas food expense 1050 Trucking 1400 Total Food Costs 19570 Fund raising expense 6376 · Duck race Expense 600 6377 · Gala expense 3910 Total fundraising expense 4510 6501 · Kathy wages 27600 6502 · Dave Wages 12000 6503 · casual wages 350 6504 · Workers Comp 340 6525 · Payroll Remittances 8400 Total Payroll 48690 6550 · Mileage Expense 450 6551 · Conference Costs 253 703 Total Expenses 90013

Net Income -83 ,.... . ,., TABER Agenda Item No. 3.8)

TOWN OF TABER COUNCIL REQUEST FOR DECISION

Subject: Delegation: Taber Municipal Library Date of October 9, 2012 Board - Request for Funding for 2013 Agenda: Budget. Pr~pared By: Kerry Van Ham, Council & CAO Assistant Attachments: Correspondence from the Taber Municipal Library Board Topic: Request for Funding for inclusion in the Town of Taber 2013 Budget

~ Ms. Fran Dogterom and Mr. Phil Zadnik of the Taber Municipal Library Board will be (") presenting the Organization's request for funding for inclusion in the Town of Taber 2013 :::-r budget, to Council. CQ ac :lc...

0 "C 1. That Council receives the request for funding from the Taber Municipal Library .. Board, for inclusion in the Town of Taber 2013 budget, for information . 0-· ::::J tn

Recommendation: Option #1 - That Council receives the request for funding from the Taber Municipal Library Board, for inclusion in the Town of Taber 2013 budget, for information.

Approval October 4, 2012 Date: Taber Public Library Draft Budget 2013

2013 BUDGET 2012 BUDGET YTD 31/7/2012 %OF BUDGET 2011 ACTUAL REVENUE

Book Repair/Replacement $ 350.00 $ 250.00 $ 313.00 125.00% $ 350.00 STEP Grant 1,512.00 1,512.00 - 0.00% 1,358.00 Book Sale - 700.00 1,727.00 Food Sales - 175.00 25.00 0.00% - Donations/FundraisinQ 6,000.00 6,000.00 1,475.00 25.00% 7,118.00 Fines 7,500.00 8,000.00 4,024.00 50.00% 6,994.00: CARLS Libraries 100.00 100.00 - 0.00% - General Grants - 8,000.00 9,773.00 122.00% 11,634.00 Interest 500.00 1,000.00 123.00 12.00% 359.00 Town Memberships 8,000.00 8,500.00 4,675.00 55.00% 6,789.00 MD Memberships 2,500.00 2,500.00 1,172.00 47.00% 2,178.00 MD of Taber Grant 13,400.00 10,720.00 - 0.00% 10,210.00 Other Income 2,500.00 2,500.00 1,536.00 61.00% 3,635.00 Photocopies 1,500.00 1,228.00 957.00 78.00% 1,146.00 Provincial Grant 45,000.00 42,233.00 42,624.00 101.00% 42,233.00 Replacement Cards 25.00 50.00 4.00 8.00% - Town Allocation 224,463.00 237,657.00 178,245.00 75.00% 237,660.00

TOTAL REVENUE 313,350.00 331,125.00 244,946.00 74.00% 333,391.00

EXPENSE

Advertising/Printing 500.00 1,000.00 74.00 7.00% 356.00 AudiVLegal 3,400.00 3,400.00 124.00 4.00% 3,020.00 Bank Fees/M asterCard Fees 175.00 175.00 45.00 26.00% 473.00 Beanstream Fees 650.00 650.00 183.00 28.00% - Global (Debit Machine) 750.00 Board/Staff (Travei/Accom) 1,500.00 1,500.00 528.00 35.00% 840.00 Board/Staff Course Fees 700.00 1,000.00 385.00 39.00% 70.00 Staff Education 700.00 700.00 - 0.00% - Building Insurance 2,500.00 2,500.00 2,251.00 90.00% 2,237.00 Contracts 1,075.00 1,075.00 734.00 68.00% 745.00 Ca_gital Furn/Equip 3,000.00 3,000.00 2,193.00 73.00% 10,077.00 Taber Public Library Draft Budget 2013

2013 BUDGET 2012 BUDGET YTD 31n/2012 %OF BUDGET 2011 ACTUAL I Buildiflg Maintenance 2,500.00 5,000.00 21,750.00 435.00% 11.00 CARLS Membership 30,000.00 28,000.00 14,164.00 51.00% 29,921.00 other Libraries Material 100.00 100.00 9.00 9.00% - Equip. Rental (Copier) 3,800.00 3,800.00 2,184.00 57.00% 3,596.00 Janitorial 25,000.00 24,000.00 11,451 .00 48.00% 22,397.00 Membership (AL TAIAUMA) 180.00 180.00 50.00 28.00% - Office Supplies 4,000.00 4,000.00 2,782.00 70.00% 4,731.00 Fundraising 750.00 1,500.00 - 0.00% 469.00 Periodicals 3,800.00 3,800.00 1,439.00 38.00% 3,404.00 Postage/Shipping 250.00 250.00 20.00 8.00% 364.00 Programs 5,670.00 5,670.00 2,229.00 39.00% 3,920.00 Telephone 3,000.00 3,000.00 1,434.00 48.00% 2,861.00 Gas 10,000.00 11,000.00 4,742.00 43.00% 8,395.00 Power 20,500.00 20,500.00 11,707.00 57.00% 24,084.00 Water 2,500.00 2,500.00 1,333.00 53.00% 2,594.00 Volunteer 250.00 250.00 - 0.00% -

SUBTOTAL 127,250.00 128,550.00 81,811.00 64.00% 124,565.00

Salaries 165,000.00 184,500.00 100,211 .00 54.00% 170,398.00 Employee Benefits I 8,000.00 6,000.00 3,138.00 52.00% 5,564.00 WCB Ex~>_ense 600.00 575.00 540.00 94.00% 548.00 CPP Expense 7,000.00 6,500.00 3,282.00 50.00% 5,586.00 El Expense 5,000.00 4,500.00 2,573.00 57.00% 4,316.00 Staff Expense 500.00 500.00 86.00 17.00% - SUBTOTAL 186,100.00 202,575.00 109,830.00 54.00% 186,412.00

TOTAL EXPENSES 313,350.00 331,125.00 191,641.00 58.00% 310,977.00 NET - 53,305.00 22,414.00 Agenda Item No. 3.C) TOWN OF TABER COUNCIL REQUEST FOR DECISION

Subject: Delegation: Taber & District Handibus Date of October 9, 2012 Association - Request for Funding for Agenda: 2013 Budget. Pre~ared By: Kerry Van Ham, Council & CAO Assistant Attachments: Correspondence from the Taber & District Handibus Association Topic: Request for Funding for inclusion in the Town of Taber 2013 Budget

~ Mr. Paul Primeau, Vice Chairman and Ms. Krista Staples of the Taber & District Handibus n Association will be presenting the Organization's request for funding for inclusion in the cc" Town of Taber 2013 budget, to Council. ac: :s ..Q.

0 "'C 1. That Council receives the request for funding from the Taber & District Handibus ~ Association, for inclusion in the Town of Taber 2013 budget, for information. 0-· :s tJ)

Recommendation: Option #1 - That Council receives the request for funding from the Taber & District Handibus Association, for inclusion in the Town of Taber 2013 budget, for information. - Approval October 4, 2012 CA0: ~1n~ Date: Taber & District Handibus Assoc. 1\m: -l:2 D Phon~:: J(J0-3025 l'ah~:r. t\lherla In I( 1: X92--l222 r 1< 1 :2l'7

August 28, 2012

r ,- TOWN OF TABER Town of Taber \CG 2 9 2012 A 4900 50 Street Taber, AB T1G 1T1 ·----i~ EC E IV...,.E.:_ rJ._.,...,-1

Attention: Dale Culler, CA Interim Chief Administrative Officer

Dear Sir,

RE: Submission of Funding Request

Please find enclosed the Taber & District Handibus Associations' proposed funding request to be included in the Town of Taber 2013 budget considerations and support.

The Taber & District Handibus Association would like to request opportunity to present their request as a delegation to Council at their regularly scheduled meeting to be held on October 9, 2012.

Thank you for your consideration and assisting the Association in improving the quality of life of the residence we service by ensuring affordable, accessible transportation that improves their mobility and participation/ inclusion in all aspects of community life is available in their community.

Peter naaal President- Taber & District Handibus Assoc.

Cc: Assoc. File Taber & District Handibus Assoc ~12 ~__ 2013 Budget for 2013 ----·· ------·------r·-1---- ··- . ------i,------i -- - .... 1.. -- ---·-- - . --j------··-

- -M•• ··-- --· Revenue ------·-·· ------···--j------~ ---: .~- =:::t_ -:~ ~-~------____ j______QP.~!~tio_QL______. . ------·-· __ :__ 2~ 31,000 Town of Taber Grant ---~-=-=- 3 75001----41,000 M.D ~ Grant"·------·-·· ·- ·-··-,.------··· ______--~oo L _ _§,000 Donations :.~ ~-~-~- ._f _.-:: ______1_1QqQ,______LOOQ__ -- . ------1------Total Revenue 79950 i 85,000

·-··-···------· -- ··- o·-·- - · ··-··· -·-·· ··--·-·i· --- -··- ~XPENSES ______--·---- ______1 ______! ------______L_ ------__ =-:L___ _ ~~power______---··- ·---\------___ ···------______\______------.. ·------,·------~.d-. wages/benefits _ ··------·---- ______4~ 51,000 _StC!_IT_RecruitmenUDeveloeme!}! ______,_ ---·------~----~ I I -~==-=-~~~-=---I= --~-=-=-==-==---~-----­ ···-··------. -----·-· ---- ·---1!------ManpowerTotal I 48000 1 51,500 ------·------1--I .... ------. ------1------·--·------Bus Operations i Fuel --··------r------90001 15,000 ------·--'---- .....:....=..!~~ Maintenance & Reeair~:=~_::_------~~ Sueelies ______; __ ------~~--- 2,!~~ Licensing 150! 150 ------·-- -~;-----___;_;~ Insurance ; 2400 3,000 Restricted Account (bus replacement) ! ' -----=a·..:::..coo~o . ~~~~~~~~~ [~~~~--[- ·-·· ______a _oo_o 4 Total Bus Operations 23550 , 29,050 • --=-~===-=--=-=~------1------+'-----i ADMINISTRATION ____ ------~----- __ ------1------1 1-----·------!------~---·--- 1 Accounting/ Audit Review______------·· 2700! __1 .000 Bookkee~-- ______!__ 1,200 Phone 900' 900 ------. ------Bank Charges _ -----1----- ______30 ~ 150 Advertizing______=.==-==t-= =---=~=~-~~-~-=b---- ~

Total Administration Expense 4030 i 4,450 I ------1------··· -----·-----t-1- ----1 Total Expenses 75580! 85,000 ·-··------·-·------·-···· ------~- 1 ! Net Income 4370i c------··------i-- -·------··-__j_ __ ---·----·------'-----1 ------·------1 ------l~Ur1o Il l TABER Agenda Item No. 4. A) TOWN OF TABER COUNCIL REQUEST FOR DECISION

Subject: Subdivision Authority Minutes of Date of October 9, 2012 Council Agenda: Prepared By: Kerry Van Ham, Council & GAO Assistant Attachments: Minutes Topic: Minutes of the Subdivision Authority Meeting of Council, September 24, 2012 m S» n CQ"a s::::: :s c. ••

1. That Council adopts the minutes of the Subdivision Authority Meeting of Council held on September 24, 2012, as presented.

2. That Council adopts the minutes of the Subdivision Authority Meeting of Council held on September 24, 2012, as amended

Recommendation: Option #1 -That Council adopts the minutes of the Subdivision Authority Meeting of Council held on September 24, 2012, as presented.

Approval October 4, 2012 Date: MINUTES OF THE MEETING OF THE SUBDIVISION AUTHORITY OF THE TOWN OF TABER, HELD IN THE COUNCIL CHAMBERS, ADMINISTRATION BUILDING, ON MONDAY, SEPTEMBER 24,2012 AT 5:00P.M.

PRESENT: Mayor Ray Bryant Councillor John Papp Councillor, Louie Tams Councillor Murray Rochelle Councillor Garth Bekkering Councillor Randy Sparks Councillor Rick Popadynetz

ALSO PRESENT: Greg Birch, CAO Dale Culler, Director of Corporate Services Kerry Van Ham, Council & CAO Assistant Jill Koroluk, Development Officer Lorraine Belanger, Planning and Economic Development Assistant

CALL TO ORDER

Mayor Bryant called the Regular Meeting of the Subdivision Authority to order at 5:00p.m.

ADOPTION OF THE AGENDA

Res. 252/12 MOVED by Councillor Bekkering that the Subdivision Authority adopt the agenda.

CARRIED UNANIMOUSLY

ITEM 4- SUBDIVISION APPLICATIONS- TOWN OF TABER

4a) TT-12-0-008: 5051 41 Av.

Explanation of the Subdivision

J. Koroluk summarized the application package. She noted construction was near completion at this address for a semi-detached project and that the intent of the applicant from the beginning had been to provide for separate titles for each half of the dwelling.

Res. 253/12 MOVED by Councillor Tams that the Subdivision Authority approve application TT 12-0-008 for Lots 28-30, Block 39, Plan 575T, 5051 41 Av., to create 2 lots with the following conditions:

119 1. That this approval shall apply to BEING ALL OF LOTS 28. 29 & 30. BLOCK 39. PLAN 575T- 5051 41 AV. 2. The applicant should enter into an encroachment agreement between Lot 31, Block 39, Plan 575T in regard to the garage located along the east side of Lot 31, Block 39, Plan 575T which has a 0.24m eave encroachment into the applicants lot. 3. Town services shall be provided to the newly subdivided lot at the expense of the future owner of the new lot. In addition engineering design, construction of service extensions, connection and other considerations with regard to this aspect become conditions of the development permit for the new residential dwelling. 4. Append the conditions outlined in number 4 as a caveat on the future title, at the expense of the applicant. 5. That, pursuant to Section 654(1 )(d) of the Municipal Government Act, all outstanding property taxes, if any, shall be paid to the Town of Taber prior to endorsement. 6. That the subdivision be registered in a manner satisfactory to the Land Titles Office. 7. The applicant shall provide an access I driveway onto the proposed lot( s) to the satisfaction of the Town of Taber and in accordance with Town Standards prior to final endorsement of the subdivision. 8. Easements or rights of way shall be registered against the land for the provision of gas, power and other utilities as required. The developer is responsible for making suitable arrangements with the relevant utility companies for the provision of services prior to final endorsement of the plan.

CARRIED UNANIMOUSLY

Res. 254/12 MOVED by Councillor Papp at 5:05pm that the Subdivision Authority adjourn the meeting.

CARRIED UNANIMOUSLY

CHAIRMAN

CHIEF ADMINISTRATIVE OFFICER

120 , ... .. l! t TABER Agenda Item No. 4. B) TOWN OF TABER COUNCIL REQUEST FOR DECISION

Subject: Regular Minutes of Council Date of October 9, 2012 Agenda: Prepared By: Kerry Van Ham, Council & CAO Assistant Attachments: Minutes Topic: Minutes of the Regular Meeting of Council, September 24, 2012 OJ S» n cc" ac ::s c.

0 "'C 1. That Council adopts the minutes of the Regular Meeting of Council held on ~ September 24, 2012, as presented. 0 ::::J tn 2. That Council adopts the minutes of the Regular Meeting of Council held on September 24, 2012, as amended

Recommendation: Option #1 -That Council adopts the minutes of the Regular Meeting of Council held on September 24, 2012, as presented.

Approval October 4, 2012 CAO: 'rt_m~ Date: 121/2012 September 24, 2012

MINUTES OF THE REGULAR MEETING OF THE COUNCIL OF THE TOWN OF TABER, IN THE PROVINCE OF ALBERTA, HELD IN THE COUNCIL CHAMBERS, ADMINISTRATION BUILDING, ON MONDAY, SEPTEMBER 24, 2012, AT 5:05 P.M., IMMEDIATELY FOLLOWING THE SUBDIVISION AUTHORITY MEETING AT 5:00P.M.

PRESENT: Mayor Ray Bryant Councillor Randy Sparks Councillor Rick Popadynetz Councillor Louie Tams Councillor Garth Bekkering Councillor Murray Rochelle Councillor John Papp

ALSO PRESENT: Greg Birch, Chief Administrative Officer (CAO) Dale Culler, CA, Director of Corporate Services Rob Cressman, Director of Public Services Kerry Van Ham, Council & CAO AssistanURecording Secretary Mike Bos, Fire Chief Jilliann Koroluk, Development Officer Trevor Busch, Taber Times

ORDER

Mayor Bryant called the Regular Meeting of Council to Order at 5:05P.M.

ADOPTION OF THE AGENDA

Mayor Bryant inquired if there were any additions or deletions to the Agenda, and advised that there were none.

RES.255/12 MOVED by Councillor Rochelle that Council adopt the agenda as presented.

CARRIED UNANIMOUSLY

121/2012 September 24, 2012 122/2012 September 24, 2012

DELEGATIONS

A) MLA Gary Bikman

MLA Gary Bikman was in attendance to speak with Council and receive feedback on relevant issues and projects, prior to the sitting of the Legislature in October.

Council raised and discussed various relevant topics at this time.

RES.256/12 MOVED by Councillor Tams that Council receives the information provided by MLA Gary Bikman, for information.

CARRIED UNANIMOUSLY

B) Chinook Community Futures

Mr. Sean Prummel of Chinook Community Futures provided an overview of the Organization and the Community Survey Project.

RES.257/12 MOVED by Councillor Rochelle that Council receives the presentation from Chinook Community Futures, for information, and that the information be forwarded to the Joint Economic Development Committee.

CARRIED UNANIMOUSLY

C) Taber & District Chamber of Commerce Budget Presentation

Mr. Bruce Warkentin of the Taber & District Chamber of Commerce presented the Association's request for funding for inclusion in the Town of Taber's 2013 budget.

Council discussed the various projects and requested funding details at this time.

RES.258/12 MOVED by Councillor Popadynetz that Council receives the request for funding from the Taber & District Chamber of Commerce, for the 2013 budget, for information.

CARRIED UNANIMOUSLY

122/2012 September 24, 2012 123/2012 September 24, 2012

ADOPTION OF MINUTES

A) Regular Meeting of Council- September 10, 2012

RES.259/12 MOVED by Councillor Papp that Council adopts the minutes of the Regular Meeting of Council held on September 10, 2012, as presented.

CARRIED UNANIMOUSLY

BUSINESS ARISING FROM THE MINUTES - NONE

BYLAWS - NONE

ACTION ITEMS

A) Taber Courthouse Designation

G. Birch, Chief Administrative Officer (CAO), presented the details surrounding the proposed re-designation of the Taber Courthouse to a Provincial Historic Resource.

Council discussed the grant availability and future funding obligations at this time.

RES.260/12 MOVED by Councillor Bekkering that Council endorse an application to the Province that the Former Taber Courthouse receive Provincial Historic Resource designation.

CARRIED

B) Mutual Aide Fire Fighting Billing

D. Culler, CA, Director of Corporate Services, along with M. Bos, Fire Chief, detailed the process and cost incurred to the Town of Taber when mutual aide assistance was requested by and provided to the County of Lethbridge on September 10, 2012.

123/2012 September 24, 2012 124/2012 September 24, 2012

ACTION ITEMS - CONT'D

B) Mutual Aide Fire Fighting Billing - Cont'd

RES.261/12 MOVED by Councillor Tams that Council approve the billing of $15,642.46 plus any applicable GST to the County of Lethbridge for firefighting expenses incurred while responding to the grass fire on Monday, September 10, 2012.

CARRIED UNANIMOUSLY

C) Recreation Facilities Rental Fee Waiver and Reduction Request Policy PS-REC-2

R. Cressman, Director of Public Services, provided details of the proposed policy for Council's consideration, which was reviewed by the Recreation Board at their regular meeting held September 6, 2012.

RES.262/12 MOVED by Councillor Papp that Council adopts the Recreation Facility Rental Fee Waiver & Reduction Requests Policy PS-REC-2, as presented.

CARRIED UNANIMOUSLY

D) Agricultural Pests Act and Nuisance Control Regulation

G. Birch, Chief Administrative Officer (CAO), detailed the responsibility of local authorities to ensure that the Alberta Rat Control Program, which is enforced under the Agricultural Pests Act, is upheld by appointing an inspector to carry out the duties required in the event of infestations of nuisance pests (rats).

RES.263/12 MOVED by Councillor Papp that Council appoint the Community Peace Officer as the inspector for the purposes of the Agricultural Pests Act and Nuisance Control Regulation.

CARRIED UNANIMOUSLY

124/2012 September 24, 2012 125/2012 September 24, 2012

ACTION ITEMS- CONT'D

E) Monthly Operating Financial Statements

D. Culler, Director of Corporate Services, detailed the year to date unaudited operating financial statements and dashboard statistics for the eight months ending August 31, 2012.

RES.264/12 MOVED by Councillor Papp that Council accepts the unaudited operating financial statements and dashboard statistics for the eight months ending August 31, 2012, for information purposes.

CARRIED UNANIMOUSLY

F) Department Head Reports

RES.265/12 MOVED by Councillor Tams that Council accepts the Department Head Reports, for information.

CARRIED UNANIMOUSLY

G) Mayor and Councillor Reports (Verbal)

Council briefly discussed their various Committee activities during the past month.

RES.266/12 MOVED by Councillor Tams that Council accepts the Mayor and Councillor reports, as presented.

CARRIED UNANIMOUSLY

MEDIA INQUIRIES - NONE

CLOSED SESSION

RES.267/12 MOVED by Councillor Sparks that Council move to Closed Session to discuss land and labour matters.

CARRIED UNANIMOUSLY AT 6:26 PM

125/2012 September 24, 2012 126/2012 September 24, 2012

OPEN SESSION

RES.268/12 MOVED by Councillor Bekkering that Council reconvenes into Open Session.

CARRIED UNANIMOUSLY AT 7:22 PM

RES.269/12 MOVED by Councillor Sparks that Council appoints Mr. Garrett Simmons to the Taber Recreation Board, for a term to expire December 31,2014.

CARRIED UNANIMOUSLY

CLOSE OF MEETING

RES.270/12 MOVED by Councillor Rochelle that this Regular Meeting of Council is hereby closed.

CARRIED UNANIMOUSLY AT 7:24 PM

MAYOR

CHIEF ADMINISTRATIVE OFFICER

126/2012

126/2012 September 24, 2012 ••• • • r TABER Agenda Item No. 5.A) TOWN OF TABER COUNCIL REQUEST FOR DECISION

Subject: Recreation Facilities Rental Fee Date of October 9, 2012 Waiver and Reduction Requests Policy Agenda: PS-REC-2 Prepared By: Kerry Van Ham, Council & CAO Assistant Attachments: Existing Recreation Facilities Rental Fee Waiver and Reduction Requests Policy PS-REC-2; Proposed Recreation Facilities Rental Fee Waiver and Reduction Requests Policy PS-REC-2 Topic: Recreation Facilities Rental Fee Waiver/Reduction Requests g' At the Regular Meeting of Council, held September 24, 2012, the Recreation Facilities n Rental Fee Waiver and Reduction Requests Policy PS-REC-2, was approved. CC" Administration would like to bring to Council's attention, an error that was noted on 0 Schedule "A", of this policy after it was presented at the September 24, 2012 meeting. c ::::S Schedule "A" states the following: ..c. ''The following groups/organizations/annual events receive a waiver/reduction for 2012:"

It was the intent of Administration to have this statement refer to the year 2013, not 2012.

Therefore, it would be prudent for Council to consider approving the attached Policy that has been amended to reflect this correction.

0 'C 1. Council revises Schedule "A" of the Recreation Facility Rental Fee Waiver & .... Reduction Requests Policy PS-REC-2, to reflect waivers/reductions for 2013 rather 0-· than 2012. ::::s tn 2. Council retains the Recreation Facility Rental Fee Waiver & Reduction Requests Policy PS-REC-2, as adopted at the September 24, 2012 Regular Meeting of Council.

Recommendation: Option #1 - Council revises Schedule "A" of the Recreation Facility Rental Fee Waiver & Reduction Requests Policy PS-REC-2, to reflect waivers/reductions for 2013 rather than 2012.

Approval October 4, 2012 Date: Town of Taber - Public Services Policy Page 1 of3

Recreation Facilities Rental Fee

T OW N Ut' Waiver and Reduction Requests TABER

Policy No.: PS-REC-2 Council Resolution No.: 262/12 I Department: Public Services Authority: Council Effective Date: 24/09/12 Revision Date: I Review Date: September 2013 Repealed Date: Supersedes: Waiver & Reductions Policy & Procedure PS-REC-1 Related Procedure No.: PS-REC-2 Related Procedure Name: Recreation Facilities Rental Fee Waiver and Reduction Requests

Purpose

The Town of Taber is committed to continued support of community groups and their programs, which benefit the citizens of Taber. The purpose of this policy is to provide a framework when reviewing waiver requests from community organizations or other parties.

Policy Statement

1) The Town of Taber recognizes the value realized from efforts of community organizations that enhance the life and social well being of our residents. Recreation facility rental fee waivers and reduction requests will be reviewed and considered by the Recreation Board. The Recreation Board will make recommendations to Town of Taber Council, regarding such requests.

2) Cash donations or grant funding will not be provided to assist organizations with their events.

3) Requests will not be considered by individuals or organizations that function for profit.

4) Facility Waiver Requests are not a commitment by the municipality to continue such grants in the future.

5) Council will review this policy annually at the last meeting of October.

6) By way of resolution, Council shall establish a list of community groups that are eligible for a waiver/reduction of Recreation facilities, excluding the Aquafun Centre. Town of Taber - Public Services Policy Page 3 of3

SCHEDULE "A"

The following groups/organizations/annual events receive a waiver/reduction for 2012:

1) Taber Kinsmen Heritage Supper 100% (Auditorium) 2) Legion Remembrance Day Set Up and Ceremony 100% (Auditorium) 3) Taber and District Chamber of Commerce - Cornfest Activities 100% (Arenas, Auditorium, Small Ice, Meeting Rooms, Confederation Park) 4) Taber Museum Cowboy Poetry 100% (Auditorium) 5) W.R. Myers School Graduation Setup and Exercise 100% (Large Ice or Auditorium) 6) St. Mary's High School Graduation Setup and Exercise 100% (Auditorium) 7) St. Patrick's School Christmas School Concerts Practice/Setup/Performance 100% (Auditorium, Meeting Rooms) 8) Community Keep Fit 100% (Auditorium 2x/Wk x 45 Min.) 9) Taber Lions Club Good Neighbor Dinner 100% (Auditorium) 10) Terry Fox Run 100% (Auditorium) 11) Notogawa Friendship Society 100% (Meeting Rooms and Auditorium) 12) Taber Community Vacation Bible Camp 100% (Large ice, Small ice, Auditorium and Meeting Room rentals for one week) 13) TCAD Well ness Walk 100% (Auditorium) 14)Taber & District Handibus Association- Board Meetings 100% (Meeting Room) 15) Taber Food Bank - Valentine's Dinner Fund raiser 100% (Auditorium) Town of Taber - Public Services Policy Page 2 of3

7) Administration will include in the budget, an annual grant expense from Council to the recreation functions affected by the waived and reduced fees.

8) Administration shall establish procedures for this policy and shall be responsible to ensure the spirit and intent of the policy is adhered to.

Additional References N/A

~%. ~ /:;o; ,)._ MAYOR DATE j

JIVE OFFICER Town of Taber - Public Services Policy Page 1 of3

Recreation Facilities Rental Fee

TO W N Uf Waiver and Reduction Requests TABER

I Policy No.: PS-REC-2 Council Resolution No.: 262/12 [ Department: Public Services Authority: Council Effective Date: 24/09/12 Revision Date: [ Review Date: September 2013 Repealed Date: Supersedes: Waiver & Reductions Policy & Procedure PS-REC-1 Related Procedure No.: PS-REC-2 j Related Procedure Name: Recreation Facilities Rental Fee Waiver and Reduction Requests - - -

Purpose

The Town of Taber is committed to continued support of community groups and their programs, which benefit the citizens of Taber. The purpose of this policy is to provide a framework when reviewing waiver requests from community organizations or other parties.

Policy Statement

1) The Town of Taber recognizes the value realized from efforts of community organizations that enhance the life and social well being of our residents. Recreation facility rental fee waivers and reduction requests will be reviewed and considered by the Recreation Board. The Recreation Board will make recommendations to Town of Taber Council, regarding such requests.

2) Cash donations or grant funding will not be provided to assist organizations with their events.

3) Requests will not be considered by individuals or organizations that function for profit.

4) Facility Waiver Requests are not a commitment by the municipality to continue such grants in the future.

5) Council will review this policy annually at the last meeting of October.

6) By way of resolution, Council shall establish a list of community groups that are eligible for a waiver/reduction of Recreation facilities, excluding the Aquafun Centre. 7) Administration will include in the budget, an annual grant expense from Council to the recreation functions affected by the waived and reduced fees. Town of Taber - Public Services Policy Page 2 of3

8) Administration shall establish procedures for this policy and shall be responsible to ensure the spirit and intent of the policy is adhered to.

Additional References

N/A

MAYOR DATE

CHIEF ADMINISTRATIVE OFFICER DATE Town of Taber - Public Services Policy Page 3 of3

SCHEDULE "A"

The following groups/organizations/annual events receive a waiver/reduction for 2013:

1) Taber Kinsmen Heritage Supper 100% (Auditorium) 2) Legion Remembrance Day Set Up and Ceremony 100% (Auditorium) 3) Taber and District Chamber of Commerce - Cornfest Activities 100% (Arenas, Auditorium, Small Ice, Meeting Rooms, Confederation Park) 4) Taber Museum Cowboy Poetry 100% (Auditorium) 5) W.R. Myers School Graduation Setup and Exercise 100% (Large Ice or Auditorium) 6) St. Mary's High School Graduation Setup and Exercise 100% (Auditorium) 7) St. Patrick's School Christmas School Concerts Practice/Setup/Performance 100% (Auditorium, Meeting Rooms) 8) Community Keep Fit 100% {Auditorium 2x/Wk x 45 Min.) 9) Taber Lions Club Good Neighbor Dinner 100% (Auditorium) 10) Terry Fox Run 100% (Auditorium) 11) Notogawa Friendship Society 100% (Meeting Rooms and Auditorium) 12) Taber Community Vacation Bible Camp 100% (Large ice, Small ice, Auditorium and Meeting Room rentals for one week) 13) TCAD Well ness Walk 100% (Auditorium) 14)Taber & District Handibus Association - Board Meetings 100% (Meeting Room) 15) Taber Food Bank - Valentine's Dinner Fund raiser 100% {Auditorium) •

~I to ~ · •I f TABER Agenda Item No. 6.A)

TOWN OF TABER Council Request for Decision

Subject: Amending Land Use Bylaw 4-2006 Date of October 9, 2012 Section 21 (3) "Signs" Agenda: Prepared By: Cory Armfelt, Acting Director of Planning and Economic Development Attachments: All attachments previously included in the October 9, 2012 Public Hearing Agenda Package, as follows; Bylaw 16-2012 Public Notice Land Use Bylaw 4-2006 Section 3(21) Government of Alberta- Recommended Practices "Electronic Message Signs" Topic: Administration Amendment to Bylaw 4-2006 Text Amendment to Section 3(21) General Provisions (for all Districts) "Signs" and add definitions to Section 1(7) Definitions and Operative Clauses "Definitions"

1 OJ At the Town Council meeting held on August 20 h, 2012 Town Administration proposed ~ options to update Section 3(21) of Land Use Bylaw 4-2006 General Provisions (for all ~ districts) "Signs". Council discussed the Section of the Bylaw and Land Use Bylaw 4-2006 in CC.., its entirety and moved the following . 0 The Council directs Administration to undertake the entire list of options as presented c within the report and to undertake the proposed amendments as part of a full review of :::::s c. the Land Use Bylaw 4-2006 and the Municipal Development Plan. •• 1 The list of recommended options presented to Town Council on August 20 h, 2012 were as follows:

1. Direct administration to prepare amendments to the Land use Bylaw to allow third party temporary signage to be permitted by the Development Officer; 2. Direct administration to prepare amendments to the Land Use Bylaw to allow temporary signs to be permitted for a six month period, and continuously renewable if no issues with the sign arise; 3. Incorporate into the definitions section of the Land Use Bylaw; Portable Electronic Signs, Electronic Changeable Copy Signs, Electronic Graphic Display Signs, Video Display Signs; 4. Permit Electronic Changeable Copy signs to be of a temporary and permanent nature, approvable by the MPC; 5. Permit permanent Electronic Graphic Display signs, approvable by the MPC; 6. Undertake a public engagement process to determine if Video Display Signs would be acceptable to Taber residents and to Alberta Transportation

Administration proposes Bylaw No. 16-2012, an amendment to Section 3(21) of the Land Use Bylaw. The proposed Bylaw is brought forth prior to a full review of the Land Use Bylaw to provide Administration clarity in issuing development permits relating to sign applicants.

Cont'd Since the time of First Reading for the Public Hearing and Second and Third Reading, Administration is proposing a small amendment to the original advertized bylaw. This will not affect the nature of the proposed bylaw in anyway, but requires this bylaw to be passed at Second and Third Reading "as amended". The amendment is intended to remove some potential duplication from the original proposal and enhance the bylaws brevity.

This bylaw amendment was advertised in accordance with the Municipal Government Act. Administration has been in contact with parties interested and affected by this Bylaw. These parties were a local auto dealer, a local school and a local sign business, all of which are in support of Bylaw 16-2012. Their support has been indicated to administration as it will allow them more timely advertising and is considered to be a "business friendly" amendment to the current Land Use Bylaw. In addition, the school representatives have indicated that by allowing them to construct an electronic changeable copy sign this will allow more speedy notice to parents and community members with regards to school activities. It will also enhance safety as students will not be changing signage letters on the current structure.

Administration recommends the passing of Bylaw 16-2012, as this Bylaw would provide guidance for the issuance of permits regarding portable and electronic signs.

0 1. That Council considers the information it receives at the October 9, 2012 public a hearing and then decides whether or not amendments are required prior to g· consideration of second and third reading for Bylaw No. 16-2012. t/) 2. That Council gives second Reading to Bylaw No. 16-2012, a text amendment to the • • Land Use Bylaw No. 4-2006, at this meeting, with the amendments recommended by the planning department.

3. That Council gives third and final Reading to Bylaw No.16-2012, a text amendment to the Land Use Bylaw No. 4-2006, at this meeting, with the amendments recommended by the planning department. 4. That Council not proceed with second Reading for Bylaw No. 16-2012.

~ Options: (') ~ 1. That Council considers the information it receives at the October 9, 2012 public hearing regarding this proposed Land Use Bylaw Amendment 16-2012, and then CD3 consider giving second and/or third reading, with or without amendments. c.:::J ...Q) 0-· :::J

Approval October 4, 2012 Date: Agenda Item No. 6.8) TOWN OF TABER Council Request For Decision

Subject: Land Use Re-zoning Date of October 9, 2012 Bylaw No. 17-2012 Agenda: Prepared By: Jilliann Koroluk, Development Officer Attachments: Bylaw 17-2012 Public Notice of Bylaw Amendment Application for Bylaw Amendment Narrow Lot Residential (R-2) District Regulations Topic: Prime Auto Accessories (Ray Tymko) 1 6123- 54 h St. Amendment to Bylaw 4-2006 Re-zoning of land from Low Density Residential (LR-2) To Narrow Lot Residential (R-2) m The Town of Taber received (August 21, 2012) an application to re-designate the above D) noted parcel from Low Density Residential (LR-2) to Narrow Lot (R-2) Residential. This re­ n designation is intended to facilitate two lots for residential living (see drawings included with 1 .,8 application) at 6123- 54 h Street. Surrounding properties are zoned LR-2 . 0 The list of permitted uses in the Low Density Residential (LR-2) District are: c a) Garage :::::s c. b) Park •• c) Single detached dwelling The list of discretionary uses in the Low Density Residential (LR-2) District are: a) Accessory Building, Structure or Use b) Duplex c) Home Occupation d) Modular Home e) Public Use f) Semi-Detached Dwelling g) Sign

The application will be advertised and property owners notified in accordance with the Bylaw.

1. That Council gives first reading to Bylaw No. 17-2012 and that a Public Hearing be held on November 13, 2012 at 5:00 PM in the Council Chambers.

2. That Council not give first Reading to Bylaw 17-2012. Recommendation: Option #1- That Council gives first reading to Bylaw No. 17-2012 and that a Public Hearing be held on November 13, 2012 at 5:00 pm in the Council Chambers.

Approval October 4, 2012 CAO: ~m~ Date: [DRAFT ]

TOWN OF TABER BY-LAW NO. 17-2012

BEING A BY-LAW OF THE TOWN OF TABER, IN THE PROVINCE OF ALBERTA, TO AMEND BY-LAW NO. 4-2006, THE LAND USE BY-LAW OF THE TOWN OF TABER

Pursuant to Section 692(1 )(f) of the Municipal Government Act, Statutes of Alberta, 2000, Chapter M-26.1, as amended, the Council of the Town of Taber, in the Province of Alberta, duly assembled enacts as follows:

1. By-Law 4-2006 is hereby amended to include the following : 2. That Schedule "B", District Maps of the said By-Law is hereby amended by rezoning:

6123 54th St. Plan 941 1926, Block 26, Lot 20 From Low Density Residential (LR-2) to Narrow Lot Residential (R-2) as indicated in the sketch below:

62"d Avenue

~ 6127 "'<::-;j- 54 10 6 11 8 l.rJ ...... Q; Cl) Q; ...Cl) ...... 6118 UJ en s 6114 r. 6 123 Ill ~ Ill 10 6114 6 11 0 6 1 13 6 11 0

3. The remainder of By-Law 4-2006 and its amendments thereof not amended by this By­ Law remains in full force and effect.

RES. READ a first time this_ day of _, 2012.

RES. READ a second time this __ day of _____,, 2012.

RES. READ a third time and finally passed this __ day of----- 2012.

MAYOR

CHIEF ADMINISTRATIVE OFFICER Public Notice Amendment to Land Use Bylaw 4-2006 Proposed Bylaw 17-2012

Take notice that the Town of Taber has received an application to amend Land Use Bylaw 4-2006 by introducing proposed Bylaw 17-2012.

A public hearing and discussion of the proposed amendment will be held on 1 Tuesday. November 13 h. 2012 at 5:00PM in the Town Council Chambers, Administration Building, A- 4900 50 St, Taber, Alberta.

The bylaw proposes that Schedule "B", the Land Use District Map of Bylaw 4-2006 be amended by rezoning the following lands:

6123 54th Street, Plan 9411926, Block 26, Lot 20 indicated in the sketch below: ...... _,, ~, I "::'---.. I"""'··, lf-5,

62"d Avenue

c· ·~· ~;· y \- ··~ ...... ( ...·· , {~· ,r } •' .~· ,...... _.,.,~ -. ~ . 11...... •• Q) Q) - -Q) ~ ,.-. _,. '- en II 1 .Q en ,I - - c~ .~ L_) ...-.. 1 ··--::· 7 =I() ICJ ,, L ...... ) I() ,.. -. •f ~ 4 ··"1 r)...... I •' ... .I

,.--...... t-1 ,r, 1 II ...., ·' I ·~l

Copies of the proposed amendment to Bylaw 4-2006 will be available at the Town Office, A- 4900 50 St, Taber, Alberta.

All those who are interested or who may be affected, are invited to attend the Public Hearing. Oral briefs may be put forward at the Public Hearing and those persons attending may ask questions about the proposed amendment to Land Use Bylaw 4-2006 or any other related matters.

Written briefs may be submitted to the Planning and Development Office. Such briefs should reach the Town 1 Office no later than Monday, November 5 h, 2012.

Jilliann Koroluk Development Officer Phone: 223-5500, ext 5527 Email: [email protected] • l'lunning Oc:pnr1mc111 A4900-SO Sum Land Use Bylaw Amendment Taber AD TIO ITI FORMF ph: (403) 223-5500 fll: (403) 22l-SS30 TABER emoil: plonninJ!I\J'I ubcr.cu APPUCAllON NO: RECEVED DATE:

ApPlicant 1/We hereby make application to amend the Land Use bylaw:

Name: Prime Auto Accessories Ltd (Ray Tymko) Phone: Address: 6003A- 60th Avenue, Taber, AB, T1G 2G1 Cell No: ~~e ------

Lecal [)esq!ptlon of Land Sublect to Amendment:

Munldpal Address: 6123- 54th Street, Taber, AB

Legal Description: Lot: 20 Block: ------26 Plan: 941 1926 Amendment Prooosed: From: LR-2 To: R-2

If applying tor a text amendment, please provide the proposed text, the relevant Section, It any, and an explanation of the proposed amendment

ReasoOS In SUPPOrt of Aoollcatloo (In ordl!r to properly evalualr! an app/catlon for amendiMnt, the Town must be provided with a ~ t:IXICXf1t for the land. PltBst! Indicate~ which is presently built on the IM1d, Mid lillY UR or development proposed for thlt land .mtprr:wltle Wlliltr!flf!l" maps, dMgr.lms. .mt 1m )'rJU lt!t!l are nt!t!dt!tl) Please see attached subdivision application sketch

oate: SfPT /1 (2vt z..

The penone!Jnfolnllltion requestl!d on this form Is being collected for the processing rl a land use bylaw amendment application, under the authority of the Municipal Government Ad (MGA) and Is protected by the Fm!dom of Information and Protection of Prtvacy (FOIP) Act. lf you have any questions about the c:dlection, contact our FOIP Coordinator at (403) 223-5500. Realsterecl OWoer(S) Qr person Actina On Their Behalf

I, David Amantea, ALS, CLS, P .Eng. hereby certify that 1/We:

__ am the registered owner, or _• __ am authorized to act on behalf of the registered owner(s) and that the Information given on the form Is complete and Is, to the best of my knowledge, a true statement of the facts relating to this application for approval. 1/We hereby give my/our consent to allow Council or a person appal ted by It the right to enter the above land with respect to this application only.

Signed T) Date September 17,2012 Phone (hm): Phone (wk): (403) 329-4688 x29

Authorization frpm Rml"'recl OWner($) Of Land Subled To Alnenclment

1/We, Prime Auto Accessories Ltd. (Ray Tymko) th e registered owner(s) of the land subject to this amendment, do hereby authoriZe David Amantea, ALS, CLS, P.Eng. to act on our behalf with respect to this proposal to amend the Land Use Bylaw.

Registered OWners' Signature __,.,_..:;-~:.--__,.;jjji6"-...... _::-~~~ Date 5 &Jr./~.)-

The personallnfolmatlon requesb!d on this form 15 being collected for the processing of a land use bylaw amendment appltcation, under the illlthofay d the Municipal GcM!mment Ad (MGA) and Is protected by the Freedom of lnformaUon and Proeectlon of Privacy (FOIP) Act. Jf you hfte any questions about the colledlon, Clll1l3d our FOIP Coordinator at (403) 223·5500. • TOWN OF TABER BY-LAW NO. 5-2008

BEING A BY-LAW OF THE TOWN OF TABER, IN THE PROVINCE OF ALBERTA, TO AMEND BY-LAW NO. 4-2006, THE LAND USE BY-LAW OF THE TOWN OF TABER

Pursuant to Section 692(1 )(f) of the Municipal Government Act, Statutes of Alberta, 2000, Chapter M-26.1, as amended, the Council of the Town of Taber, in the Province of Alberta, duly assembled enacts as follows:

1. By-Law 4-2006 is hereby amended to include the following: 2. That Section 28: Narrow Lot Residential (R-2) be created:

Narrow Lot Residential (R-2) District

1. Purpose

This district is intended to allow for low density, narrow lot housing styles in both established and developing neighbourhoods. Development legally approved prior to adoption of this Bylaw that does not confonn to these regulations is intended to be legal non-confonning development.

2. ~

No person shall use any lot or erect, alter or use any building or structure for any purpose except one or more of the following.

Pennltted Uses

(a) Garage (b) Park (c) Single detached dwelling (d) Utilities

Discretionary Uses

(a) Accessory Building, Structure or Use (b) Duplex (c) Home Occupation (d) Modular Home (e) Public Use (f) Semi-detached dwelling (g) Sign

3. District Requirements

In addition to the general Land use Provisions contained in Section 3, the following regulations shall apply to every development in this district

Single Detached Semi-detached I Duplex Minimum Lot Area: 35om• 225m2 Minimum Lot Width: 11 metres 15 metres (7.5m I side) Minimum Front Yard: 5.5 metres 5.5 metres Minimum Rear Yard: 6 metres 6 metres Minimum Interior Side Yard: a) Rear Lanes: 1.2 metres b) Laneless: 1.2 metres when garage attached 3 metres on one side if no attached garage and 1.2 metres on the other, except semi-detached must have 3 metres on both sides with zero (0) metres for semi-detached dwelling units on common lot line only.

• Minimum Exterior Side Yard: 3.0 metres 3.0 metres Maximum Building Height: 10.5 metres 10.5 metres Maximum Building Coverage: 50% 50% Minimum Landscaped Area: 25% 25%

4. Special Requirements: Garages. Accessory Buildings and Structures

(a) No accessory building or structure shall be erected in any yard other than the interior side yard or rear yard and shall be no closer to any lot line than 1 metre (3 feet). This special requirement shall not be applied to garages. (b) Garages accessed from a lane shall be setback a minimum of 1.5 metres from the lane right-of­ way.

5. Special Requirements: Building Design

Further to Section 3 (19) regarding building design, when this district is applied to existing communities new infill housing shall be designed to complement the existing neighbourhood character and nearby housing designs, to the satisfaction of the Development Authority.

6. Special Requirements: Modular Home

Modular homes may only be approved by the Development OffiCer if the proposal meets the following criteria:

1) Where a developer's architectural controls, guidelines or standards are registered on title, the Development Officer shall address those guidelines when issuing a development permit on the property and may use these as a basis for refusal of modular construction where the proposal does not comply with those controls, guidelines or standards. 2) The proposed roof pitch of a proposed modular home must be consistent with the majority of homes within 100 metres of the proposal or must meet architectural controls, guidelines, or standards put in effect by the subdivision's developer; 3) Exterior finishing materials (i.e. siding, brick, stucco, or combinations thereof) and the amount used must be consistent with the majority of homes within 100 metres of the proposal or must meet architectural controls, guidelines, or standards put in effect by the subdivision's developer; 4) Modular homes must have a foundation consistent with the majority of homes within 1oo·metres of the proposal or must meet architectural controls, guidelines, or standards put in effect by the subdivision's developer.

Proposals not meeting these requirements for Modular Homes in this district may be forwarded by the Development Officer to the Municipal Planning Commission for a decision. The Municipal Planning Commission may use these criteria as a basis for refusing the proposal but may also approve non­ compliant proposals based on the merits of each particular application.

3. The remainder of By-Law 4-2006 and its amendments thereof not amended by this By­ Law remains in full force and effect.

RES. 77/08 READ a first time this 24th day of MARCH , 2008.

RES.96/08 READ a second time this 28th day of APRIL , 2008.

RES.97/08 READ a third time and fln~~-=2=8;...TH_ day of APRIL , 2008. MAYOR~ 8, TABER Agenda Item No. 7 .A) TOWN OF TABER COUNCIL REQUEST FOR DECISION

Subject: Alberta Utilities Commission (AUG) Date of October 9, 2012 Decision Ag_enda: Prepared By: Greg Birch, GAO Attachments: AUG Decision 2012-258 Budget Uncertain at this point; $5,000.00- $10,000.00 Ex_p_ense: Topic: Effect of AUG Decision

g' On June 13, 2011, Barry and Brenda Conacher filed an appeal with the Alberta Utilities (') Commission (AUG) that certain utility charges levied by the Town of Taber for water and ~ sewer service during the period 2009-2011 had been improperly imposed. The AUG issued CC a Notice of Hearing and Lena and Glen Gardner, Susan Hamel, and Brian Cracknell 0 submitted associated complaints against the Town. Another individual, Chris Christakos, C: also filed an associated complaint but it was not received in time by the AUG, therefore Mr. :::S Christakos was not directly involved in the AUG hearing. c. •• The AUG held a hearing regarding the complaints on June 14, 2012 and subsequently deliberated on the information it received. On September 25, 2012, the AUG made its decision, a copy of which is attached. Decision 2012-258 summarizes the complaints and the Town's position, details of the AUG findings, and provides the AUG's Order.

The attached decision should be consulted for the details. In short, though, the AUG decided that the Town of Taber had errors in its Bylaw No. 1-2010 and that, because of those errors, the complainants were improperly charged for water and sewer service. The AUG orders the Town to " ... refund the water and sewer amounts to the Conachers, Gardners and Mr. Cracknell as set out in this decision." The AUG further orders that the Town pay the amount owing to the parties by November 30, 2012, and also provide a summary reconciliation table to the AUG for information.

The AUG also dealt with Ms. Hamel's complaint, which was somewhat different from the other three parties' but was also related to Bylaw No. 1-2010. Again, the attached decision should be consulted for details. In summary, the AUG stated that it did not have jurisdiction to consider Ms. Hamel's complaint but nonetheless said that it agreed with her position. It seems that Ms. Hamel asked the Town to create a utility account for her as a property renter (versus owner) before that option was properly eliminated by the Town with passage of another Bylaw, No. 5-2011. Due to the timing of Ms. Hamel's request, the AUG believes that the Town should create an account. In its Order, the AUG asks to be informed of the Town's decision in this regard.

The AUG decision also deals with the matter of to whom its findings apply. The decision suggests that while the AUG only has the ability to deal with the complaints it receives, the Town should refund water and sewer charges for anyone in a similar position to the Conachers, the Gardners, and Mr. Cracknell. Town of Taber administration estimates that there are approximately 23 other parties that would fall into this category. Cont'd In closing, it is important to note two things. First, the Town has already corrected the errors in Bylaw No. 1-2010 by passing Bylaw 5-2011, so there is no need to address that issue as a result of AUG Decision 2012-258. Second, the AUG found that the Town's fees for recycling, storm sewer and garbage collection were appropriately imposed and there is no need to provide a refund of those fees.

0 "C.... 1. The Town can accept the Order as set out in the AUG decision. -·0 2. The Town could investigate the possibility of appealing the decision. ~ tn .. 3. The Town could expand the effect of the AUG decision so that the refund is also paid to other parties who are in a similar position as the original complainants. (Administration believes that it can identify those parties and determine the respective refund amount(s)).

4. As a variation of Option 3. above, the refund could be paid only to those that request it, rather than the Town initiating the refund.

5. The Town could add Ms. Hamel as a utility account holder, even though she is a property renter, essentially grandfathering her into the utility account system.

Recommendation: That Council direct administration to: a) Refund the water and sewer charges to the Conachers, Gardners and Mr. Cracknell, pursuant to the AUG Order; b) Provide the necessary reporting to the AUC in this regard, again pursuant to the AUC order; c) Identify the other parties (approximately 23) who may have been in a similar circumstance to the Conachers, Gardners and Mr. Cracknell, and refund water and sewer charges to them for the relevant period, consistent with the AUC suggestion; and, d) Approach Ms. Hamel to inquire if she still wants to have a utility account in her name and, if she says yes and pays the appropriate deposit by October 31, 2012, establish an account for, on a grandfathered basis.

Approval October 4, 2012 Date: Decision 2012-258 AUC Alberta Utilities Commission

Town of Taber

Conacher Water and Sewer Charges Complaint

September 25, 2012 The Alberta Utilities Commission Decision 2012-258: Town ofTaber Conacher Water and Sewer Charges Complaint Application No. 1607926 Proceeding ID No. 1590

September 25, 2012

Published by The Alberta Utilities Commission Fifth Avenue Place, Fourth Floor, 425 First Street S.W. Calgary, Alberta T2P 3L8

Telephone: 403-592-8845 Fax: 403-592-4406

Website: www.auc.ab.ca Contents

1 Introduction ...... 1

2 Background ...... 2

3 Summa~ of complaints ...... 3 3.1 Conachers ...... 3 3.2 Gardners ...... 3 3.3 Cracknell ...... 3 3.4 Hamel ...... 4

4 Taber ...... 5

5 Jurisdiction of the AUC ...... 7

6 Commission findings ...... 9 6.1 Preliminary matters ...... 9 6.2 Commission findings on complaint by Conachers, Gardners and Mr. Cracknell...... I 0 6.2.1 Water use charges for Conachers, Gardners and Mr. Cracknell ...... I 0 6.2.2 Sewer use charges for the Conachers, Gardners and Mr. Cracknell ...... 13 6.2.3 Recycling, storm sewer, and garbage collection charges ...... 13 6.2.4 To whom do these findings apply ...... 14

7 Commission finding with respect to Ms. Hamel .••...... 14

8 Order ...... 15

Appendix 1 -Proceeding participants ...... 17

Appendix 2- Oral hearing- registered appearances ...... 18

Appendix 3- Summary of Commission directions .....•...... •...... 19

AUC Decision 2012·258 (September 25, 2012) •

The Alberta Utilities Commission Calgary, Alberta

Decision 2012-258 Town of Taber Application No. 1607926 Conacher Water and Sewer Complaint Proceeding ID No. 1590

1 Introduction

I. On June 13, 20 II, Barry and Brenda Conacher (Conachers) filed a written appeal to the Alberta Utilities Commission (the AUC or the Commission) complaining that certain charges by the Town of Taber (Taber) for water and sewer service starting in 2009 and through 2011 had been improperly imposed pursuant to Section 43 of the Municipal Government Act, RSA 2000, c. M-26. The validity of this and two other similar complaints is the main issue decided in this decision.

2. On November 29, 20 II, the Commission issued a notice of hearing, and requested that the Conachers advise the Commission if they preferred the complaint to be dealt with as a written proceeding without an oral hearing. Otherwise, the Conachers and Taber were to advise the Commission by January 17, 2012 regarding their availability for a hearing. In addition the Commission requested any other person or group with concerns or support regarding the complaint to file a submission with the Commission by January 31, 2012.

3. The Commission received submissions from Lona and Glen Gardner, Susan Hamel, and Brian Cracknell all in support ofConachers' complaint. Further, these individuals detailed complaints of their own which they asked to be consolidated with consideration of the Conachers' complaint. These four complaints were dealt with as Proceeding ID No. 1590.

4. After considering the Conachers' and Taber's responses, the Commission by letter dated February 16, 2012, notified parties that it had set aside May 23, 2012 to hold an oral hearing. By letter dated February 24, 2012, Taber advised the Commission that it was not available on May 23, 2012, and requested that the hearing be rescheduled. With the Conachers' concurrence the hearing was rescheduled to June 14, 2012.

5. The Commission held a one day hearing commencing at 9 a.m. on June 14, 2012 at the Heritage Inn Hotel & Convention Centre, located at 4830-46 Avenue, Taber, Alberta.

6. At the commencement of the hearing, the Commission was told about an additional letter of complaine from Chris Christakos (Christakos) which was similar to the Conachers' complaint. The letter was apparently emailed on December 5, 2011; however, due to an error in the email address used, the Commission did not receive this complaint.

7. The Commission considers that the record for this proceeding closed on June 28, 2012.

8. In reaching the determinations set out within this decision, the Commission has considered all relevant materials comprising the record of the proceeding. Accordingly,

Exhibit 44.0 I.

AUC Decision 2012·258 (September 25, 2012) • 1 Conacher Water and Sewer Charges Complaint Town ofT aber

references in this decision to speci fie parts of the record are intended to assist the reader in understanding the Commission's reasoning relating to a particular matter and should not be taken as an indication thatthc Commission did not consider all relevant portions of the record with respect to that matter.

2 Background

9. Prior to 20 I 0, residents of Taber could request a temporary discontinuance of their utility services. This was done at no charge to the resident and a reconnection was made upon the request of the resident, also at no charge. For the period while the utility service was discontinued no utility charges were billed to the resident. This was the accepted procedure and the reality for many years. 2

I 0. In February 22, 20 I 0, Taber passed Bylaw No.l-20 I 0 respecting utilities, including water treatment and distribution, sanitary and storm sewage collection and treatment, and solid waste collection and disposal systems, which replaced Bylaw No. 2-2005. The wording of Bylaw No. 1-20 I 0 was virtually identical to Bylaw No. 2-2005 with the exception of the amount of the rates detailed in the Schedules, and certain provisions attaching responsibility for utility charges to the property owner rather then a renter.3 Section 5.32- Discontinuance of Water Use which addressed discontinuance ofwater use and related billing procedures was consistent in both bylaws.

II. By letter dated September 30, 20 I 0, Taber notified only the residents who were currently disconnected:

In the past the Town of Taber has allowed customers to have their water shut off when the property is vacant. The Town accommodated this request by making their account inactive and therefore they would not receive a monthly utility bill. However, upon review of the Town ofTaber Bylaw No. 1-2010 section 9.1 (a) it states: "PAYMENT OF UTILITY BILLS The water, sanitary, and storm sewers and solid waste rates and rents to be charged by the Town ofTaber and payable to the Town under the terms of this Bylaw for the supply of water, sanitary and storm sewers and solid waste to or made available for use by a consumer, shall be those set forth in the attached Rate Schedules. These Rate Schedules shall form part of this Bylaw and may be amended by resolution from time to time by Council." The appropriate application of the bylaw limits our ability to accommodate an inactive account request. On a go forward basis commencing on January I, 20 II the bylaw will be applied as written and the account will remain active and will receive a monthly utility bill from the Town ofTaber.4

2 Exhibit I. J Exhibit 39.0 I. 4 Exhibit 42.04.

2 • AUC Decision 2012·258 (September 25, 2012) Conacher Water and Sewer Charges Complaint Town ofTaber

12. On December 19, 20 II, Taber passed Bylaw No. 5-20 II~ (new utility bylaw) to clarify Bylaw No. 1-20 I 0 which included minor wording changes and removed some ambiguity in the wording of certain sections of the utility bylaw,6 both immaterial to this proceeding.

3 Summary of complaints

3.1 Conachcrs 13. In October 20 I 0 the Conachers when submitting a request for discontinuance of water service to Taber administrative staff, were informed of Taber's intended new interpretation and application under Bylaw No. 1-20 I 0. In addition they would be charged a $75 fee for disconnection and another $75 fee for a reconnection, as well as the flat monthly rate while disconnected. As a result of this advice the Conachers did not proceed with their written notice to discontinue water service as they were going to be charged the flat rate on a monthly basis regardless if they were disconnected or not. On April 4, 20 II, the Conachers raised their objections to this change in practice with Taber officials without success.

14. The Conachers considered that Taber was in breach of Bylaw No. 1-20 I 0, and argued that the charges billed by Taber while they had wanted water service discontinued did not conform to Taber's public utility rate structure, were improperly imposed and discriminatory.

15. In presenting their position at the hearing, the Conachers requested certain further relief' beyond the request that the Commission should find that the charges complained about were improperly imposed and should be repaid.

3.2 Gardners 16. Mr. Glen Gardner and Mrs. Lona Gardner (Gardners) are co-owners of a rental property in Taber. After completing renovations they placed their property for sale. The property was to be vacant during the selling process, and possibly through the winter. Hence, in October, 2010 the Gardners approached Taber administrative staff to shut off the water and to close their utility account.

17. The Gardners were informed to the same effect as the Conachers by Taber staff. The Gardners argued that this was a violation of Bylaw No. 1-2010, and as a result they had been improperly charged on their utility bills.

3.3 Cracknell 18. Mr. Brian Cracknell is the owner of a number of rental properties in Taber. After a renter vacates Mr. Cracknell sometimes renovates his rental properties, and due to other commitments the renovation process may be extended. Either during such renovations or when his properties are vacant during the winter, Mr. Cracknell has the water service turned off.

19. Mr. Cracknell's representative argued that Bylaw No. 1-2010 was clear and unambiguous. According to Section 5.32 of Bylaw No. 1-2010, the "accruing rates" in

Exhibit 35.02 Transcript, Volume I, page 43, lines 16 and 19-21. 7 Exhibit 39.01.

AUC Decision 2012·258 (September 25, 2012) • 3 Conacher Water and Sewer Charges Complaint Town of Taber

subsection (b) clearly refer to any rates that accrue, both fixed and metered. Subsection (c) reinforces the idea that rates do not have to be paid if proper notice is given or the water is turned off.

20. Mr. Cracknell's representative also stated that according to Section 4.3(a) of Bylaw No. 1-20 I 0 the supply of water, sewer, and solid waste services was to be made upon the request of the owner. He noted that there was no provision for Taber to supply these utilities without permission of the owner nor was there provision for Taber to charge for these utilities without the permission of the owner.

21. He contended that in 2009, Taber was appropriately applying Bylaw No. 1-20 I 0. In addition Section 9.6(b) and (c) of Bylaw No. 1-20 I 0 states that only consumers will be charged for garbage and recycling fees. The definition of a consumer in the utility bylaw is the person utilizing the water, sanitary, and storm sewer or solid waste services whether it was an owner or a tenant. Before the change in application of Bylaw No. 1-20 I 0, the test that Taber apparently used to determine whether a consumer was in a residence had been whether the water was turned off at the street. Garbage and recycling charges were not applied if a consumer was not present.

22. Mr. Cracknell's representative argued that Bylaw No. 1-20 I 0 was unclear as to how charges were to be applied in the event of a disconnection. He noted there were only minor changes between Bylaw No. 2-2005 and Bylaw No. 1-20 I 0, yet there was a major change in how the schedule of rates for water was applied to residents of Taber. Mr. Cracknell's representative submitted that there should not be a change in the application of Bylaw No. 1-20 I 0 as there was no substantial change to the text.

3.4 Hamel 23. Susan Hamel indicated her complaint was that Taber recently refused her request to change the utility account into her name alone, which violated Bylaw No. 1-2010. Susan Hamel requested the Commission to order Taber to open a utility account for her in her own name, and grandfather it back to November 25, 2011.

24. Ms. Hamel argued that Bylaw No. 1-201 0 states that a written request from the owner was needed to open a new account for a resident and that a $150 was required as the deposit to be paid by a tenant opening a new account. The deposit was required only for tenants. The same wording was used in Bylaw No. 5-2005 to allow renters to open new accounts in their own name.

25. Ms. Hamel stated that Section 9.1 of Bylaw No. 1-2010 specifies three cases where tenants will be prohibited from opening new accounts in their own name: a tenant whose service is shut off because there are arrears, a tenant who moves into a house where a previous tenant had moved out, and a tenant in certain circumstances in multi-unit housing.

26. During her 18 years as a tenant, her water service had never been turned off for arrears and the utility bills had always been paid. Ms. Hamel argued that as she was not a tenant that fell within any of the categories in Section 9.1, therefore she should not be prohibited from opening a new account in her own name. Ms. Hamel argued that it was discriminatory to differentiate between renters such as her and landlords.

4 • AUC Decision 2012·258 (September 25, 2012) Conacher Water and Sewer Charges Complaint Town ofTaber

4 Taber

27. With respect to the complaint brought forward by Ms. Hamel, Taber pointed out that the legislature has given a municipality discretion to treat landlords and tenants differently under its utility bylaws. This conclusion, Taber argued, was supported by various cases such as 1991 Alberta Mortgage and Housing Co11J v. Town of Valleyview and the language of Section 34( I) of the Municipal Government Act which draws a clear distinction between owner and occupant. 8 Taber also argued that Section 34(2) of the Municipal Government Act applicable to occupants had been changed and permissive "may" language was substituted there, which according to Sullivan on the Construction o.fStatutes9 suggests that such changes are made for an intelligible purpose, to clarify meaning, correct a mistake or change the law. 10

28. Taber submitted that to the extent that treating tenants differently than owners under the utility bylaw was discriminatory, the municipality was lawfully entitled to do that. 11

29. Taber noted the following test of discrimination from Decision U97089:

As noted in Decision U97089, City of Edmonton Complaint from Dominco Plumbing & Heating Limited, if the Board finds that a particular group of customers is being singled out or treated differently, the Board must then consider whether there is a reasonable basis to single out this group of customers, as the Board's definition of undue discrimination hinges upon whether a reasonable distinction can be found. 11

30. Taber noted that a municipality pursuant to the provisions of the Municipal Government Act has legal power to transfer utility charges to an owner's tax roll. This allows the municipality to recover any arrears for utility charges. Hence, Taber argued, its motivation was not discrimination against non-owner tenants but the efficient collection of its charges. 13

31. With respect to the complaints by the Conachers, Gardners and Mr. Cracknell, Taber conceded that there was some ambiguity in its utility bylaw and the utility bylaw could be more clear. 14 However, there was also ambiguity around the provision for a temporary discontinuance of water use. On this basis, Taber argued that the historic practice of not charging for water during temporary disconnection for customers who were vacating their properties should not guide the Commission in its decision making. 15

32. Taber argued that when a property is serviced, the municipality has built a water line up to the property, the municipality's garbage truck drives by the property (or alternatively there's a receptacle in the alley behind the property that the occupant can dump their garbage into), the recycling services are being offered regardless of residence occupancy, and a storm water system is in place. Those services are available for use within the meaning of Section 9.1 of Bylaw

8 Transcript, Volume I, pages 232 and 233. Ruth Sullivan, Sullivan on the Construction ofStatutes, 5th ed. (LexisNexis, 2008). 10 Transcript, Volume I, page 234. 11 Transcript, Volume I, page 235. 11 Decision U97089: City ofEdmonton, Complaint from Dominco Plumbing & Heating Limited, File 8056-E6-I, July 22, 1997. 13 Transcript, Volume I, page 238, lines 4-19. 14 Transcript, Volume I, page 245, lines 21 and 22. 15 Transcript, Volume I, page 246.

AUC Decision 2012·258 (September 25, 2012) • 5 Conacher Water and Sewer Charges Complaint Town of Taber

No. 1-20 I 0 which authorizes charges for them as bi lied. Taber asserted, that the owner is using them by having them in place.

33. Taber further argued the general principle of rate design where it is common to charge both fixed and variable charges for these services. As such, customers should pay the fixed charges even when they are not consuming any services.

34. Taber also argued that should the Commission be inclined to accept the Conachers' position, the charges should be limited to water and sewer amounts. 16

35. Charging a reconnect fee (for persons who had their service discontinued) was not discriminatory, but a common practice that the Town submits has a reasonable basis (recovering administrative and labor costs associated with shutting off and reconnecting a service).

36. Regardless the Conachers were not charged a reconnect fee. The Conachers' service was not disconnected in either 20 I 0 or 20 II. Therefore, Taber's charges conformed to its public utility rate structure as established by Bylaw No. 1-20 I 0 and were properly imposed.

37. Taber argued that the Conachers' complaint regarding the assessment of the fixed charges during a temporary discontinuance of water use was without merit for the following reasons:

(I) Bylaw No. 1-20 I 0 does not contemplate a temporary disconnection.

(2) While section 5.32 of Bylaw No. 1-2010 states that a consumer may discontinue the use of Taber's water supply, Taber received no such request from the Conachers for either 20 I 0 or 20 II. Although Taber understands that the Conachers may have shut off the water in their home for the winter months in 20 I 0 and 20 II, this was not a discontinuance as contemplated by the utility bylaw, and the flat monthly rate that the Conachers were charged was properly imposed.

(3) As with the reconnect fee, Mr. Conacher was advancing a complaint based on circumstances that do not relate to a charge, rate or toll in respect of his use of Taber's utility services. Taber submitted there was no live issue before the Commission to merit a hearing. 17

38. With respect to sewer charges, Taber considered that discrimination would occur against customers who had not discontinued water and sewer service from October to April, as a strict reading of the utility bylaw would result in customers who used services over the May to September timeframe not being billed for summer sewer service. Thus on the principle of cost causation and considering the impact on other customers, upholding the complaint would result in unfairness to other customers. 18

39. Taber argued that the summer sewer rate calculation provision was meant to deal with consumers who maintain active accounts throughout the months of October to April. There must

16 Transcript, Volume I, page 248. 17 Exhibit 15.01. 18 Transcript, Volume I, pages 266 and 267.

6 • AUC Decision 2012·258 (September 25, 2012) Conacher Water and Sewer Charges Complaint Town ofTaber

be information from the entire prior seven month period to provide Taber with sufficient history to average a customer's consumption in order to then calculate the summer rate.' 9

40. Hence, Taber argued, a customer setting up a new utility account in late March would not have sufficient history to allow Taber to calculate an accurate average to determine a summer sewer rate properly. Likewise when the Conachers made their account inactive during the winter, this resulted in not enough history to determine an average rate for the summer months.

41. To allow the Conachers' complaint would result in individuals who discontinue their service in the winter months paying little or no fees for sewer in the summer (when the service is being used). Taber submitted this result was not within the spirit or intent of Bylaw No. 1-20 I 0. Taber also argued that this practice was discriminatory as year-round consumers would end up subsidizing persons who have little to no consumption in winter months. Taber submitted that the Conachers' position that their summer sewage charges should be zero was unreasonable.

5 Jurisdiction ofthe AUC

42. The Supreme Court of Canada made the following point regarding the jurisdiction of the Commission's predecessor in ATCO Gas & Pipelines Ltd. v. Alberta (Energy and Utilities Board) 2006 SCC 4:

Administrative tribunals or agencies are statutory creations: they cannot exceed the powers that were granted to them by their enabling statute; they must "adhere to the confines of their statutory authority or 'jurisdiction'[; and t]hey cannot trespass in areas where the legislature has not assigned them authority": Mullan, at pp. 9-10 (see also S. Blake, Administrative Law in Canada, (Jrd ed. 200 I), at pp. 183-184 ).

Also see Dunsmuir v. New Brunswick [2008] I SCR 190 to the same effect.

43. Section 7(g) of the Municipal Government Act gives municipalities the general jurisdiction to pass bylaws for municipal purposes regarding public utilities. Such powers are broad according to Section 9 of the Municipal Government Act; however, it does not empower municipal administration to enact, interpret or amend such bylaws.

44. There was no dispute by any of the complainants that Bylaw No. 5-2011 was properly enacted. The Commission considers that no issue was taken with the enactment of Bylaw No. 5-20 II which came into effect January I, 2012. As such, none of the complainants are contesting their charges after the enactment of Bylaw No. 5-2011.

45. None of the complainants take issue with the legality of the prior two bylaws. Rather it is the application of Bylaw No. 1-20 I 0 to their specific circumstances that is in dispute.

19 Exhibit 15.0 I.

AUC Decision 2012-258 (September 25, 2012) • 7 Conacher Water and Sewer Charges Complaint Town ofTaber

46. Section 43 of the Municipal Government Act sets out the jurisdiction of the A UC regarding these complaints:

Appeal

43(1) A person who uses, receives or pays for a municipal utility service may appeal a service charge, rate or toll made in respect of it to the Alberta Utilities Commission, but may not challenge the public utility rate structure itself.

(2) If the Alberta Utilities Commission is satisfied that the person's service charge, rate or toll

(a) does not conform to the public utility rate structure established by the municipality,

(b) has been improperly imposed, or

(c) is discriminatory,

the Commission may order the charge, rate or toll to be wholly or partly varied, adjusted or disallowed. RSA 2000 cM-26 s43; 2007 cA-37.2 s82(17)

47. The Conachers requested the Commission to order several other remedies besides varying, adjusting, or disallowing charges as under Section 43 of the Municipal Government Act, such as:

• expressing disappointment that the elected representatives of Taber failed to adequately respond to concerns brought before them, pursuant to Section 201 ofthe Municipal Government Act • admonishing the actions of the Chief Administrative Officer and the Director of Corporate Services pursuant to Section 602.14 of the Municipal Government Act • enforcing Section 9.4 of Bylaw No. 1-2010 by levying fines on individuals for contravention of Bylaw No. 1-2010 • refer the complaint and arguments put forward to the Municipal Government Board to determine whether actions of the Taber's senior staff were illegal pursuant to Section 558(a) and Section 661(1) ofthe Municipal Government Acf0

48. Remedies under Section 9.4 of Bylaw No. 1-2010 and the Municipal Government Act Section 558(a) and Section 566(1) are not within the jurisdiction of the AUC to order under Section 43 of the Municipal Government Act. In addition, Section 602.14 of the Municipal Government Act deals with disputes between regional services commissions and between a regional services commission and municipal authorities. The Conachers' complaint is not such a dispute and falls outside those parameters. Therefore the Commission has no authority to act pursuant to Section 602.14 ofthe Municipal Government Act.

49. In addition the Commission has no authority to levy fines pursuant to an appeal under Section 43 of the Municipal Government Act. Consequently there will be no further discussion of arguments presented on these other remedies noted above and such relief is not granted.

20 Exhibit 39.01.

8 • AUC Decision 2012-258 (September 25, 2012) Conacher Water and Sewer Charges Complaint Town ofTaber

6 Commission findings

6.1 Preliminary matters 50. Taber challenged the Conachers complaint by stating that there is no issue to be heard by the AUC, given that the Conachers were neither charged a reconnection fee nor was their service disconnected during the time in question. It was argued that the Conachers may not appeal under Section 43 of the Municipal Government Act as there was no improper service charge, rate or toll applied. However, the Commission finds that the issue is properly before the AUC as the Conachers are persons who used, received, or paid for a municipal utility service and are appealing a service charge, rate or toll that was billed to them. Specifically, the uncontradicted and unimpeached evidence of all of the complainants clearly and consistently indicated and the Commission finds that each had been incorrectly informed by duly authorized Taber administrative staff that they would have to pay a fee to disconnect their water as well as a reconnect fee and/or Taber would bill them a monthly flat fee despite them giving notice of discontinuance ofwater use pursuant to Section 5.32 ofTaber's Bylaw No. 1-2010.

51. The Conachers are appealing the flat fees and sewer rates charged on their utility bill. At hearing Taber's witness panel candidly acknowledged that its receipt of actual notice of discontinuance of water service would not have altered application of Taber's intended new billing practice.11 Having represented accordingly to the Conachers and the other complainants and declined to accept such notice for its intended purpose, the Commission finds that each complainant gave requisite notice of discontinuance of water service to Taber and Taber may not rely on the argument that notice was not given to it under Section 5.32 of Bylaw No. 1-20 I 0, leaving the complainants liable for water and sewer charges subsequently billed them.

52. Mr. Thomas Menard appeared on behalf of Mr. Cracknell at the oral hearing. As Mr. Cracknell was not present, Taber raised an issue regarding Mr. Menard's authority to represent Mr. Cracknell at the hearing. An undertaking was given to provide documentation signed by Mr. Cracknell confirming that Mr. Menard was his approved representative. This documentation was subsequently received by the AUC.

53. The material facts asserted by Mr. Cracknell in his complaint are consistent with the evidence of the Conachers and other witnesses. In addition, in evidence Taber did not demonstrate or suggest there were factual errors in Mr. Menard's representations and argument on behalf of Mr. Cracknell. Accordingly, the Commission accepts Mr. Cracknell's written appeal and Mr. Menard's representations on behalf of Mr. Cracknell.

54. The Cristakos' complaint is not included in this decision for procedural reasons. Valerie Cristakos testified at the hearing as a witness for Mr. Cracknell. Although at that time the Cristakos' believed they were a complainant, due to the error of the initial complaint being sent to an incorrect email address, the AUC did not receive the complaint. As a result Taber did not have the mandatory prior notice required pursuant to Section 9.2 of the Alberta Utilities Commission Act, SA 2007, c. A-37.2, in order for the Commission yet to consider and decide its merits in this proceeding.

11 Transcript, Volume I, page 208, lines 16-19.

AUC Decision 2012-258 (September 25, 2012) • 9 Conacher Water and Sewer Charges Complaint Town ofTaber

55. If Taber is unable to resolve the Cristakos' complaint to their satisfaction after issuance and consideration of this decision, the Cristakos' can notify the AUC accordingly and request the Commission to proceed with its consideration of the complaint.

6.2 Commission findings on complaint by Conachcrs, Gardners and Mr. Cracknell 56. In this section, the Commission will further discuss the complaints by the Conachers, the Gardners and Mr. Cracknell. The Conachers requested a refund of their utility billings for November and December 20 I 0 and January to April and November 20 II, in addition to sewer charges from May to September 2009, 20 I 0 and 20 II. The Gardners requested a refund of their utility billings from November 20 I 0 to June 20 II. Mr. Cracknell has two properties and requested refund of utility billings for May 20 I 0 to December 20 II at 5035 - 42 Avenue Taber, and April to December 2011 utility billings at 5306- 55 Street, Taber.

6.2.1 Water usc charges for Conachcrs, Gardners and Mr. Cracknell 57. During the 2010 to 2011 period oftime for utility billings disputed by all complainants in this case, Bylaw No. 2-2005 was initially in effect, then replaced with Bylaw No. 1-20 I 0. The relevant provisions of both bylaws are essentially the same. For ease of discussion, the Commission will only be referring to the specific bylaws in the relevant sections in Bylaw No. 1-2010.

58. Although there was some discussion of whether the charges imposed on the complainants were discriminatory, the Commission need not engage in that line of reasoning. The first two grounds of appeal set out in Section 43( I) of the Municipal Government Act, are whether the charges did "not conform to the ... rate structure established by the municipality" or whether the charges had "been improperly imposed." The rate structure is established in Bylaw No. 1-2010, and an analysis of whether these two grounds of appeal have been met requires interpretation of the utility bylaw.

59. As previously indicated, it is not the Commission's role to comment on the rate structure itself, nor is the Commission's role to comment on the bylaw drafting skills of Taber. Rather, the Commission looks at Bylaw No. 1-20 I 0 and determines whether Taber applied the bylaw properly. The terms of Bylaw No. 1-20 I 0 will guide the Commission in deciding whether it was properly applied.

60. The main sections of Bylaw No. 1-20 I 0 requiring interpretation are sections 5.32 and 9.1 (a). Taber relying upon Section 9.1 (a) to justify the charges imposed and the complainants contending that Section 5.32 relieved them from liability for such charges.

61. As stated by the Court of Appeal of Alberta at paragraph 32 of its reasons for judgment in Milner Power Inc. v Alberta (Energy and Utilities Board) 2010 ABCA 236, the modern principle of statutory interpretation requires "the words of an Act be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme ofthe Act, the object of the Act and the intention of Parliament." When interpreting the plain wording the Commission must pay sufficient attention to the scheme ofthe act, its object and the intention of the legislature.

62. As indicated in Sullivan on the Construction ofStatutes, generally the rules governing the meaning of statutory texts and the types of analysis relied upon by interpreters to determine legislative intent apply equally to regulations. Regulations too must be read in the context of their enabling act, having regard to the language and purpose of the act in general and more

10 • AUC Decision 2012-258 (September 25, 2012) Conacher Water and Sewer Charges Complaint Town ofTaber

particularly the language and purpose of the relevant enabling provisions. This is consistent with Section 13 of the lnte11Jrelalion Act, RSA 2000, c. 1-8, providing that interpretation provisions in an enactment apply to regulations made under an enactment.

63. Municipal bylaws operate as municipal legislation and regulation for citizens and as such the Commission considers the foregoing principles of interpretation to be also applicable to the interpretation of municipal bylaws. The Commission also adopts, as it has in many other situations, the reasonable person test for interpreting the meaning of the language in bylaws. When looking at Taber's utility bylaws, the Commission will read each section using the ordinary and plain meaning ofthe language, just as a reasonable person would. Similarly, those affected by a specific bylaw should be able to determine what their obligations are by a plain reading of the text. Where ambiguities may arise, then the Commission will look for other aids in interpretation to resolve the ambiguity if that is possible.22

64. The Commission finds that water service is not available for use to a particular consumer when service is discontinued. Under the Municipal Government Act and Taber's bylaw, Taber retains legal ownership of its water system and the consumer is prohibited from accessing the system without Taber's permission.lJ

65. Section 5.32 of Bylaw No. 1-20 I 0 is titled "Discontinuance of water use." Taber, through its counsel, argued that this section was only meant for permanent disconnections.24 This, however, is contradicted by Section 5.33 titled "Moving Or Demolishing Buildings," which discusses, among other things, what happens when "water service lines are to be permanently disconnected from any building for any cause." Taber, however, also seemed to argue, through its staff who appeared at the hearing, that Section 5.32 was for temporary disconnections but that fixed charges should continue to apply. During oral argument by Taber's counsel, Taber did not provide a satisfactory explanation of how to resolve these two seemingly contradictory positions.

66. As such, the Commission interprets Section 5.32 of Bylaw No. 1-20 I 0 as permitting temporary discontinuances of water service. The conduct by Taber for the five years before 20 I 0 also aids in the interpretation of this ambiguity, insofar as there is any.25 However, based on a plain reading, the Commission finds there is no ambiguity in Section 5.32.

67. Further, Section 5.32 clearly deals with temporary discontinuances and Section 5.33 deals with permanent disconnections. The Commission considers that this is a sensible design of the utility bylaw.

68. Section 5.32 speaks in terms of owners, occupants or consumers who seek the discontinuance of water use, which could only be temporary, as a non-owner occupant would not be the proper person to seek a permanent disconnection. In addition, Section 5.32(a) speaks of an "owner and/or consumer about to vacate a property or premises that has been supplied with water, or who wishes to discontinue the use of the water supply," which suggests that temporary discontinuances are very much contemplated. Otherwise, the bylaw would have only mentioned owners.

22 Bell Express Vu Limited Partnership v Rex 2002 SCC 42 (CanLii), [2002] 2 SCR 559. 2J Bylaw No. 1-20 I 0 Section 4.5(c), 4.7, 5.9 and 9.4. 24 Transcript, Volume I, pages 252-256. 25 The case of Kenora (Town) Hydro Electric Commission v. Vacationland Daily Co-operative Ltd, [ 1994] I S.C.R. 80, while not dispositive in this proceeding, nonetheless is of assistance.

AUC Decision 2012·258 (September 25, 2012) • 11 Conacher Water and Sewer Charges Complaint Town ofTaber

69. Thus, the question that remains for the Commission is "what are the appropriate charges that the three complainants should have been charged?" In Section 5.32 it states that an "owner and/or consumer ... who wishes to discontinue the use of water supply, must give notice in writing ...." Failure to do so results in the application of Section 5.32(b) which indicates that the consumer is "liable for the accruing rates until such notice is given or the water is turned off ...." As a result, the Commission must also question: what are the rates that are to be paid?

70. Section 9 of Bylaw No. 1-20 I 0 deals with rates, penalties, and the payment of utility bills. Section 9.1 (a) makes it clear that the "water ... rates" are those set out in the "attached Rate Schedules." The Commission notes that Bylaw No. 1-20 I 0 defines the water rates as exactly that, namely rates. Schedule A is titled "Water Rates" and outlines the various rates that various customer classes (e.g., residential, commercial, industrial etc.) are to be charged. It is only in Schedule A of Bylaw No. 1-20 I 0 that "Flat Fee" and "Meter Rate" are mentioned.

71. Taber, through its staff, made much ofthe fact that one familiar with utility structures would have understood the term "accruing rates" in Section 5.32(b) only to refer to the "Meter Rate," and as such a temporary discontinuance of use would not have excused the occupant or owner from paying the "Flat Fee." Taber's counsel referred to this as a broadly accepted principle of tariff design, namely the imposition of fixed and variable charges for the provision of utility services.

72. The Commission is quite aware of these principles, and in fact, has upheld the legality of flat fee charges in the past.26 However, Bylaw No. 1-20 I 0 has not been approved by the Commission. Generally speaking, terms and conditions approved by the Commission make it clear what the responsibilities of the customer are, for example, in particular for temporary electric disconnections the responsibility to pay an "idle service charge,'m which is the equivalent to Taber's flat fee, is clearly stated. While the design of utility rates may allow for the imposition of a flat and variable charge, there are many ways to design a tariff which may not contemplate a fixed charge.

73. Hence, while Taber may appeal to principles of utility rate-making to justify its reading of"accrued rates" as only the "Meter Rate," thereby justifying the continued imposition of the "Flat Fee" during the discontinuance of use period, the Commission finds this interpretation strained and unpersuasive. Indeed, if Taber wished to charge customers a fixed fee for a temporary discontinuance, it could have readily stated that very clearly. This is what Taber has done when it enacted Bylaw No. 5-20 II.

74. A holistic approach, as suggested by Taber, would also include consideration of Taber's conduct during the five years preceding 20 I 0, which suggested that it interpreted the utility bylaw the way the three complainants did, and the Commission does. As such, the Commission will look to the rate structure as written to determine the charges applicable at the relevant time

75. The Commission finds that a plain reading of the utility bylaw in context indicates that temporary discontinuances of water use results in the conclusion that both the "Flat Fee" and the

26 Decision 2011-383 : Edson Manor Properties Ltd., Electricity Billing Dispute with EPCOR Energy Alberta Inc., Application No. 1606821, Proceeding ID No. 968, September 22, 20 II. 27 See e.g., ATCO Electric's Distribution Terms and Conditions, Section 14.1.1. http://www.auc.ab.ca/utility­ sector/rates-and-tariffs/Documents/Electricity/A TC0%20Electric/AE _customer_tcs _ eff_ april_ )_ 20 12.pdf.

12 • AUC Decision 2012·258 (September 25, 2012) Conacher Water and Sewer Charges Complaint Town ofTaber

"Meter Rate" do not apply during the discontinuance period, as those two charges are both subsumed under the term "Water Rates."

76. As such, the Commission finds that the portion of the three complainants' bills dealing with the water charges do not conform to Taber's public utility rate structure, were improperly imposed during the 20 I 0 and 20 II period. Therefore the Commission directs Taber to refund to the Conachers, Gardners and Mr. Cracknell the water charges as set out in their individual complaints and outlined in paragraph 56 of this decision.

6.2.2 Sewer use charges for the Conachers, Gardners and Mr. Cracknell 77. The Commission notes at the outset that the sewer charges as set out in Schedule B contain an error when plainly applied.28 No one made this argument in their submissions, and as such the Commission will not make an issue of it.

78. While Taber argued that the residential summer sewer rates, as specified in Schedule B, were only to be used by full-time residents, i.e., residents who do not disconnect in the winter, this argument again has no support in the text of Bylaw No. 1-2010. Acceptance of Taber's interpretation on this point would allow Taber to insert all sorts of qualifications on any of the rates without check or balance.

79. If Taber wishes to make this qualification on the sewer charges, it is free to do so, but it must do so clearly in the wording of its bylaw.

80. Based on a plain reading of the bylaw, the Commission finds that the sewer charges do not conform to Taber's public utility rate structure and were also improperly imposed as per Section 43(2)(b) of the Municipal Government Act on the three complainants during the relevant period.

81. However with respect to the Conachers, the Commission agrees with Taber that the Conachers had sewer charges during the months of October 2008, April and October of 2009 and 2010, and April2011, thus the sewer charges for 2009,2010 and 2011 will not be zero.29 Thus the summer sewer charges for the Conachers in 2009, 2010 and 2011 should be adjusted to account for sewer consumption in October and April.

82. For the Gardners and Mr. Cracknell, the sewer charges for 20 I 0 and 20 II should be zero.

83. Therefore the Commission directs Taber to refund to the Conachers, Gardners and Mr. Cracknell the sewer charges as set out in their individual complaints and outlined in paragraph 56 of this decision.

6.2.3 Recycling, storm sewer, and garbage collection charges 84. The AUC accepts Taber's argument that the flat fees for recycling, storm sewer and garbage collection were appropriately imposed during a discontinuance of water use.

85. Mr Menard, on behalf of Mr. Cracknell, argued that greater weight should be given to the fact that Taber had also previously not been assessing those fees during a discontinuance of

28 Transcript, Volume I, page 199. 29 Transcript, Volume I, page 89, lines 2-12

AUC Decision 2012-258 (September 25, 2012) • 13 Conacher Water and Sewer Charges Complaint Town of Taber water use.J" The Commission must look to the utility bylaw first, and if there are ambiguities it will then look to the conduct of Taber as an aid to interpret those ambiguities.

86. With respect to these particular charges, they are addressed and imposed in a different section of Bylaw No. 1-20 I 0 and the bylaw does not contemplate or specify the discontinuance of use of these services comparable to Section 5.32. Section 5.32 speaks only of discontinuing the use of the water supply and should be interpreted as only limiting liability for water charges and consequently the resulting sewer charges, as sewer charges are calculated under Bylaw No. 1-20 I 0 by reference to water charges.

87. By contrast, recycling, storm sewer and garbage collection charges are not linked to water charges. As such, Taber's previous conduct cannot be used to interpret the utility bylaw with respect to these charges and the Commission does not find them to be improperly imposed.

6.2.4 To whom do these findings apply 88. The Commission, with respect to appeals of municipal utility charges, operates on a complaint basis. As such, these findings for the purpose of this decision are limited to the three complainants, i.e., the Conachers, the Gardners and Mr. Cracknell. As such, the Commission will not order a general refund of these charges. The Commission, however, would encourage Taber to settle any other similar complaints based on similar circumstance that may arise from imposing these charges in order to avoid the burden of future hearings to deal with them.

7 Commission finding with respect to Ms. Hamel

89. The Hamel complaint as explained at hearing relates to Taber utility account administration practice rather than municipal utility service charges, rates or tolls imposed. The Commission's jurisdiction under Section 43 of the Municipal Government Act is restricted to consideration of only the latter type of complaint.

90. However, Ms. Hamel submitted that she attempted to pay a deposit on November 25, 20 II as specified in Schedule A "Water Rates" of1Bylaw No. 1-20 I 0 which was prior to the enactment of Bylaw No. 5-20 II. According to Section 4.12 every applicant for supply of utilities who is not the owner of the property shall pay a deposit. By refusing to accept the deposit, Ms. Hamel was denied having the utility account transferred solely into her name.

91. The Commission finds again that a plain reading of Bylaw No. 1-20 I 0 would require the acceptance of a deposit by Taber in order to have the utility account transferred into Ms. Hamel's name. Therefore the Commission directs Taber to accept a deposit from Ms. Hamel and establish a utility account in her name pursuant to Bylaw No. 1-20 I 0. Should Ms. Hamel wish to continue to have an account in her name she should present a deposit to Taber by no later than October 31, 2012.

Jo Transcript, Volume I, page 139, lines 22-25.

14 • AUC Decision 2012-258 (September 25, 2012) Conacher Water and Sewer Charges Complaint Town ofTaber

8 Order

92. It is hereby ordered that:

(I) Taber shall refund the water and sewer amounts to the Conachers, Gardners and Mr. Cracknell as set out in this decision.

(2) Taber shall provide a summary table to the Commission for information purposes, reconciling the water and sewer amounts charged by month to each of the Conachers, Gardners and Mr. Cracknell and the resulting refund and date the refund was paid to each of the parties no later than November 30, 2012. In addition Taber should also confirm whether or not a utility account has been established in Ms. Hamel's name.

Dated on September 25, 2012.

The Alberta Utilities Commission

(original signed by)

Main A. Yahya Commission Member

AUC Decision 2012·258 (September25, 2012) • 15

Conacher Water and Sewer Charges Complaint Town ofT aber

Appendix I -Proceeding participants

Name of organization (abbreviation) counsel or representative

B. and B. Conacher (Conachers)

Town of Taber (Taber) L. Kerckhof K. Kellgren G. Frank

B. Cracknell (Mr. Cracknell)

G. and L. Gardner (Gardners)

S. Hamel

C. Takos

The Alberta Utilities Commission

Commission Panel M. A. Yahya, Commission Member

Commission Staff J. Petch (Commission counsel) C. Burt

AUC Decision 2012·258 (September 25, 2012) • 17 Conacher Water and Sewer Charges Complaint Town of Taber

Appendix 2 -Oral hearing- registered appearances

Name of organization (abbreviation) Witnesses counsel or representative

B. and B. Conacher (Conachers) B. Conacher B. Conacher

B. Cracknell V. Christakos T. Menard

G. and L. Gardner (Gardners) G. Gardner L. Gardner

Town of Taber G. Frank K. Keiigren D. Culler R. Cressman

The Alberta UtiiHies Commission

Commission Panel M.A. Yahya, Commission Member

Commission Staff J. Petch (Commission counsel) C. Burt

18 • AUC Decision 2012·258 (September 25, 2012) Conacher Water and Sewer Charges Complaint Town ofTaber

Appendix 3-Summary of Commission directions

This section is provided for the convenience of readers. In the event of any difference between the directions in this section and those in the main body of the decision, the wording in the main body of the decision shall prevail.

I. As such, the Commission finds that the portion of the three complainants' bills dealing with the water charges do not conform to Taber's public utility rate structure, were improperly imposed during the 20 I 0 and 20 II period. Therefore the Commission directs Taber to refund to the Conachers, Gardners and Mr. Cracknell the water charges as set out in their individual complaints and outlined in paragraph 56 of this decision ...... Paragraph 76 2. Therefore the Commission directs Taber to refund to the Conachers, Gardners and Mr. Cracknell the sewer charges as set out in their individual complaints and outlined in paragraph 56 of this decision ...... Paragraph 83 3. The Commission finds again that a plain reading of Bylaw No. 1-2010 would require the acceptance of a deposit by Taber in order to have the utility account transferred into Ms. Hamel's name. Therefore the Commission directs Taber to accept a deposit from Ms. Hamel and establish a utility account in her name pursuant to Bylaw No. 1-20 I 0. Should Ms. Hamel wish to continue to have an account in her name she should present a deposit to Taber by no later than October 31, 2012 ...... Paragraph 91

AUC Decision 2012·258 (September 25, 2012) • 19 I .. ,._ " '~ ~ TABER Agenda Item No. 7.8) TOWN OF TABER COUNCIL REQUEST FOR DECISION

Subject: Retention of Municipal Documents Date of October 9, 2012 Ag_enda: Prep_ared By: Donna Weiss, Finance Administrative Assistant Attachments: List of documents to be destroyed By-law No. 10-99 Retention of Municipal Documents Topic: Authorization to destroy records

~ The records retained by the Town are reviewed on an annual basis and a listing of n documents is compiled that are scheduled to be destroyed per Schedule A of By-law No. ~ 10-99 Retention of Municipal Documents. Section 6- Records of Retention and Destruction, CC of By-law No. 10-99 states: aC c) All records destroyed should be authorized by the Council and the destruction should be :::::S carried out in the presence of witnesses. c. •• If Council approves the destruction of the records in the attached list then the Town's contracted shredding provider will be notified and the records will be destroyed on site under the supervision of the Director of Corporate Services.

0 "'C 1. That Council approves the destruction of the documents identified in the attached list .... per the retention period in years identified in Schedule A of By-law No. 10-99 -·0 Retention of Municipal Documents. ::::s tn 2. That Council not approves the destruction of the documents identified in the attached list for the following reason ___

Recommendation: Option #1 -That Council approves the destruction of the documents identified in the attached list per the retention period in years identified in Schedule A of By-law No. 10-99 Retention of Municipal Documents.

Approval October 4, 2012 CAO: \L ~· ~l Date: Files to be Destroyed - 2012

1998 - Operating & Capital Budget 1998- Non Profit Tax Exempt Files 1998 - Trial Balance 2000 - Trial Balance 2001- Non Profit Tax Exempt Files 2003 - Operating & Capital Budget 2003- Front Desk Work Order Books 2003 -Journal Entries 2004- Journal Entries 2004 - Front Desk Work Order Books 2004 - Capital Budget 2004- Link-up Payments 2004 - Cash Receipts 2004 - Pool Cash Receipts 2004 - Title Changes 2004- Accounts Payable Posting Journals 2004- Utility Final Billings 2004 - EFT Payments 2004- Accounts Payable Vendor Files 2004 - Tax Penalties & Adjustments 2004 - Deposit Bank Sheets 2004- Utility Adjustments 2004- Utility Work Orders 2004 - Accounts Receivable 2004- AIR Business License Posting Journals 2004 - AIR Ambulance Trip Ticket Postings 2004 - CK Register and Cancelled CKs 2004 - Landfill Posting Journals 2004- School Declarations BY-LAW NO. 10-99 RETENTION OF MUNICIPAL DOCUMENTS

A BYLAW OF THE TOWN OF TABER IN THE PROVINCE OF ALBERTA, PURSUANT TO PROVISIONS OF THE MUNICIPAL GOVERNMENT ACT, STATUTES OF ALBERT A, 1994, CHAPTER M-26.1 AND AMENDMENTS THERETO, TO PROVIDE REGULATIONS AND PROCEDURES FOR THE RETENTION AND DISPOSAL OF MUNICIPAL DOCUMENTS.

WHEREAS it is the desire of the Council of the Town of Taber to provide for regulations with respect to the retention and disposal of Municipal documents including correspondence, records, receipts, vouchers, instruments and other papers kept by the Municipality;

AND WHEREAS it is the desire of the Municipality to establish the necessary authority to release Municipal documents to the Alberta Archives on either a permanent loan or retention basis;

AND WHEREAS the authority for such regulations and authorities must be consistent with Federal or Provincial Statutes and regulations;

NOW THEREFORE the Municipal Council of the Town of Taber, duly assembled, enacts as follows;

PART I TITLE. DEFINITIONS. ANP SYMBOLS

Section 1

This By-Law, may be cited as "'The Records Retention By-Law" of the Town of Taber.

Section 2

In this By-Law, unless the context otherwise requires, the word, term or expression: a) •official• shall mean the Town Manager or his/her designate; b) •Records" shall mean all of the ledgers, receipts, vouchers, instruments, maps, rolls or other documents, records and papers held by the Municipal Corporation in any form.

1 BY-LAW NO. 10-99 RETENTION OF MUNICIPAL DOCUMENTS Section 3

When used in this Bylaw and the Schedules attached hereto, and in the operation of any Records Management Systems established consistent with this Bylaw, symbols shall be used to designate the form of retention or disposal as follows:

D Destroy p Permanent (retention) A Archive E Electronic Storage

PART II RECORDS RETENTION ANP DESTRUCTION

Section 4

Where, in this Bylaw and Schedule "A" attached hereto, it is provided that particular records of the Municipal Corporation, or of a local board accountable to the Corporation thereof, shall be: a) Destroyed

Such records shall be destroyed without any copy thereof being retained: b) Permanent

Such original records shall be preserved and never destroyed: c) Archives

Such original records that are either loaned or loaned permanently to the Alberta Archives. d) Electronic Storage

Such records maintained by electronic means (i.e. diskette, tape) with the original destroyed. e) Suggested Schedule of Retention and Disposal

May be amended by the Municipal Council upon recommendation of the Official.

2 BY-LAW NO. 10-99 RETENTION OF MUNICIPAL DOCUMENTS Section 5 Discretion

The official shall always have a discretion to retain records longer than the period provided for in this Bylaw and shall do so where he/she deems it appropriate and shall do so where he/she has received any indication that there is or may be any civil action involving any of the said records. Such decisions to retain the records longer than the period provided for herein shall be recorded in the records retention index.

Sectjon 6 Records of Retention and Destruction a) The Official shall keep an index of:

I) records archived ii) records stored by electronic means; b) Where records are destroyed under this By-Law, the proper and complete destruction thereof is the responsibility of the Official; c) All records destroyed should be authorized by the Council and the destruction should be carried out in the presence of witnesses.

PART Ill GENERAL

Section 7 Records Retention Schedules

The attached Schedule "A", is hereby adopted. It may be amended upon recommendation of the Official and an amending By-Law of Council.

Section 8 Storage

It shall be the responsibility of the Official to provide for policies regarding security and storage of all Municipal documents. Such policies shall be administered by the Official for all Municipal documents.

3 BY-LAW NO. 10-99 RETENTION OF MUNICIPAL DOCUMENTS

PARTlY ENACTMENT

This By-Law shall come into force and have effect upon it being read a third time and passed.

Res. 397/99 READ a first time this 9th day of _...... ,A=ug...,u....,s.a.t __,, 1999.

Res. 398/99 READ a second time this 9th day of _.....!:A...:.lu~g;t..Jiu!.!:!ls:.ll..t __, 1999.

Res. 400/99 READ a third time this ~9~th-- day of --"'A~u~g-u~st....__, 1999.

TOWN OF TABER

0 ~..:.,~&fULL T\IVf: Manager (Act i ng )

4 • SCHEDULE II A, BY-LAY NO. 10-99 RETENTION OF MUNICIPAL DOCUMENTS

ACCOUNTING RETENTION PERIOD UN YEARS)

- Accounts Payable Vouchers 7 - Accounts Receivable Apply Reports & Summaries 7 - Accounts Receivable Back-up Billing Info. 7 - Accounts Receivable Write-Offs 7 - Annual Financial Statements Permanent - Bank Statements 7 - Bank Reconciliation Statements 7 - Cash Receipt Reports & Summaries 7 - Cheque Stubs/Duplicates 7 - Cheques (Cancelled) 7 - Debenture Registers (After Final Payment) 7 -Deposit Books 7 - Federal/Provincial Remittance Forms 7 -General ledgers/Journals 7 - Investment Records (After Not Current) 3 -Invoices 7 - Journal Entries & Back-up 7 - ledgers (Subsidiary) 7 - local Improvement Assessment Roll 7 - Monthly Financial Statements 7 - Requisitions/Purchase Orders 7 -Tax Roll/Assessment Roll Permanent - Water Meter Records 7

0

·- 1 SCHEDULE "An BY-LAY NO. 10-99 RETENTION OF MUNICIPAL DOCUMENTS

ADMINISTRATION RETENTION PERIOD UN YEARS)

- Advertising - General 2 - Legislated Advertisements 7 - Assessment Appeals 3 - Assessment Records Lifetime of Asset + 1 year - Budgets - Capital and Operating 7 ' - Change of Ownership Documents 7 - Development Appeals 5 - Development Applications 2 - Insurance Policies (After Policy Expires) 3 -Licenses 3 -Permits 3 - Photographs Permanent - Subdivision Appeals 5 -Tax Certificates 7 -Tax Recovery Records (After Tax Recovery 7 Property is Sold)

- Utility Documents 3

AGREEMENTS ANP CONTRACTS

- Agreements & Supporting Documentation Lifetime of Agreement + 7 years

- Annexation Permanent

- Expropriation Permanent

2 SCHEDULE II A" BY-LAY NO. 10-99 RETENTION OF MUNICIPAL DOCUMENTS

CORRESPONDENCE RETENTION PERIOD UN YEARS)

- Correspondence 3 -Petitions 7

ELECTION

- Nomination Papers As Per L.A.E.A. -Records As Per L.A.E.A.

EMPLOYEE - EMPLOYER

-Full Time Employees Records (After Termination) 10 -Part Time Employee Records (After Termination) 1 0 - Payroll Records 7

LEGAL - Compliance Orders 10 - Minister's Orders Permanent - Municipal Government Board Hearings Permanent -Opinions Permanent - Proceedings Permanent

MINUTES AND BYLAWS

-Agendas 2 -Bylaws Permanent -Minutes -Council Permanent - Police Commission Permanent - Other Committee &. Board Minutes 3

3 -=--

SCHEDULE II A" BY-LAY NO. 10-99 RETENTION OF MUNICIPAL DOCUMENTS

MISCELLANEOUS RETENTION PERIOD UN YEARSl

- Animal Control - working documents 3 - Census Records 5 - Cemetery Records Permanent - Disclosures of Holdings (After Last Date of 7 Appointment/Term) - Vital Statistics 7

PLANS

- Architect's Drawings (Buildings, Park Sites) Life Time of Facility + 1 Year 0 - Engineering Studies Life Time of Facility + 1 Year

- Land Survey Certificates Permanent

- Municipal Maps & Plans Until Replaced or Asset Sold

-Road Surveys 10

-Utility Company Location Records Until Replaced

REPORTS

- Accident Reports 5 - Board and Committee Reports 3 - Statistical Reports 3

4 1 ••• • , TABER Agenda Item No. 7.C) TOWN OF TABER COUNCIL REQUEST FOR DECISION

Subject: Fortis Franchise Fee Date of October 9, 2012 Agenda: Prepared By: Dale Culler, CA Director of Corporate Services Attachments: Franchise fees and cap document from Fortis Franchise fee fax cover Topic: Communication to Fortis on franchise fees m I» Fortis annually requests municipalities to review their franchise fee percentages and report n back to them any changes that the municipality wants to make to their franchise fees. Currently the Town of Taber franchise fees rate is at 20%. This rate is currently at the cc maximum and Administration is not proposing to ask Council to make any change to the " rate in the upcoming budget proposal. ac :::s If Council chooses to amend the rate either up or down (in our particular case it would only ..c. be an amendment down) then the Town would be required to advertise the rate change in the local paper. If Council agrees to leave the rate as is then all Administration is required to do is submit a fax back to Fortis indicating that we are not changing the rate.

See attached proposed franchise fee fax cover sheet.

0 "'C 1. That Council approves administration to report back to Fortis that there will be no ..... change to the Town of Taber electrical franchise fee rate for 2013 . 0-· :::s tn 2. That Council approves administration to report back to Fortis that the Town of Taber would like to amend its electrical franchise rate down to __%, and authorize administration to advertise the change as required.

Recommendation: Option #1 -That Council approves administration to report back to Fortis that there will be no change to the Town of Taber electrical franchise fee rate for 2013.

Approval October 4, 2012 Date: I GII.. IIIDa J"'ee t(IOer \08P Municipal % (must not exceed this Municipality Code 2012 Franchise Fee% percentage) Acme 03-0002 3% 6% Airdrie 01-0003 8% 10% !Aiix 03-0005 17% 20% IAmisk 03-0007 0% 10% IAthabasca 02-0011 4% 12% Banff 02-0387 0% 20% Barnwell 03-0363 0% 20% Barons 03-0013 0% 20% Barrhead 02-0014 5% 12% Bashaw 02-0016 3% 20% Sassano 02-0017 9.4% 20% Bawlf 03-0018 0% 0% Beaumont 02-0019 5% 20% Beiseker 03-0022 0% 0% Bentley 02-0024 0% 20% Bittern Lake 03-0029 5% 20% Black Diamond 02-0030 10% 20% Blackfalds 02-0031 20% 20% Bon Accord 02-0034 20% 20% Bow Island 02-0039 5% 20% Bowden 02-0040 12.55% 20% Boyle 03-0041 3% 20% Breton 03-0042 20% 20% Brooks 01-0043 12.63% 20% Bruderheim 02-0044 0% 20% Calmar 02-0047 20% 20% Cam rose 01-0048 6% 10% Canmore 02-0050 8% 20% Carmangay 03-0054 0% 20% Caroline 03-0055 3% 10% Carstairs 02-0056 5% 10% Champion 03-0061 15% 20% Chauvin 03-0062 6% 20% Chestermere 02-0356 0% 0% Chipman 03-0064 0% 20% Claresholm 02-0065 2% 20% Clive 03-0066 9% 10% Clyde 03-0068 9% 20% Coaldale 02-0069 9% 20% Coalhurst 02-0360 7% 20% Cochrane 02-0070 15% 20% Coutts 03-0076 3% 20% Cowley 03-0077 5% 20% Cremona 03-0078 10% 20% Crossfield 02-0079 0% 5% Crowsnest Pass 02-0361 14% 20% Czar 03-0081 5% 20% Daysland 02-0082 5% 5% Devon 02-0086 12% 20% Didsbury 02-0088 12.5% 20% Drayton Valley 02-0091 8% 20% Duchess 03-0093 12% 20% Eckville 02-0095 10% 20% Edberg 03-0096 6% 15% Edgerton 03-0097 12% 20% Edson 02-0100 5% 10% Ferintosh 03-0109 6% 20% Foremost 03-0112 3% 20% Fort Saskatchewan 01-0117 0% 20% Gibbons 02-0124 0% 20% Glenwood 03-0128 0% 20% Granum 02-0135 3.5% 20% Hardisty 02-0143 5% 20% Hay Lakes 03-0144 5% 20% High River 02-0148 20% 20% Hill Spring 03-0149 0% 15% Hinton 02-0151 10.7% 20% Holden 03-0152 3.5% 10% Hughenden 03-0153 0% 20% Hussar 03-0154 3% 20% lnnisfail 02-0180 7% 20% Irma 03-0182 5% 20% lrricana 02-0183 0% 0% Island Lake 04-0185 0% 20% Killam 02-0188 5% 20% Lac LaBiche 02-0192 0% 20% Lacombe 02-0194 6.2% 10% Lamont 02-0197 5% 20% Leduc 01-0200 16% 20% Legal 02-0202 0% 20% Lomond 03-0207 0% 20% Longview 03-0208 15% 15% Lougheed 03-0209 5% 20% Magrath 02-0211 8% 15% Mayerthorpe 02-0215 4% 20% Milk River 02-0218 5% 20% Millet 02-0219 8% 20% Milo 03-0220 10% 20% Morin ville 02-0224 20% 20% Nakamun Park 04-0230 0% 20% Nanton 02-0232 3% 10% New Norway 03-0233 6% 10% Nobleford 03-0236 0% 10% Okotoks 02-0238 7% 20% Olds 02-0239 8.59% 20% Onaway 02-0240 5% 20% Penhold 02-0248 19% 20% Picture Butte 02-0249 8% 20% Pincher Creek 02-0250 8% 20% Provost 02-0257 20% 20% Raymond 02-0261 6% 20% Redwater 02-0265 0% 20% Rimbey 02-0266 7% 20% Rocky Mountain House 02-0268 6.5% 20% Rosemary 03-0272 6% 15% Ryley 03-0276 0% 20% Sedgewick 02-0280 6% 20% Silver Sands 04-0283 3% 20% South Baptiste 04-0369 0% 20% South View 04-0288 0% 20% Spruce Grove 01-0291 14.25% 20% St. Albert 01-0292 0% 15% Standard 03-0295 0% 20% Stavely 02-0297 3% 15% Stirling 03-0300 5% 20% Stony Plain 02-0301 10% 20% Strathmore 02-0303 5% 20% Strome 03-0304 8% 20% Sundre 02-0307 0% 20% Sunrise beach 04-0386 0% 20% Sunset Point 04-0308 0% 20% SV of Seba Beach 04-0279 0% 20% Sylvan Lake 02-0310 10% 20% Taber 02-0311 20% 20% Thorsby 03-0315 10% 20% Tilley 03-0317 7.5% 20% Tofield 02-0318 5% 20% Turner Valley 02-0321 10% 20% Vauxhall 02-0326 0% 20% ~iking 02-0331 7% 20% Vulcan 02-0333 20% 20% Wabamun 03-0364 0% 20% Wainwright 02-0335 3% 20% Warburg 03-0338 10% 20% Warner 03-0339 0% 20% Westlock 02-0345 6% 20% Wetaskiwin 01-0347 10% 10% lwhitecourt 02-0350 3% 20% I Date: October I 0, 20 12 Fax

To: Kayla Law From: Town ofTaber Dale Culler, Director of Corporate Services

Company: FortisAiberta Phone: 403 223-5500 Ext 5525

Phone: (780) 464-8816 Fax: 403 223-5530

Fax: (780) 464-8398

Please indicate whether you will be making any changes to your Franchise Fee.

Please include a copy ofthe Franchise Fee newspaper advertisement ifyou are increasing or decreasing the percentage fee. Ifyou are increasing or decreasing your Franc/rise Fee please include a copy ofthe newspaper advertisement with this fax.

Franchise Fee: (please check one ofthe following boxes)

D Increase, New Percentage ______%

D Decrease, New Percentage ______%

[g) No Change

Signature

Dale Culler Town of Taber Print Name Municipality Name

Director of Corporate Services October 10, 2012 Title Date TABER Agenda Item No. 7.0)

TOWN OF TABER COUNCIL REQUEST FOR DECISION

Subject: Land- SW Y.. of 25 10 17 W4M Date of October 9, 2012 Agenda: Prepared By: Rob Cressman, Director of Public Services Attachments: Land Sale Policy 53M-82830; Air Photos Topic: Declaration of Land as Surplus m D) The Town owns various parcels of land beyond the municipal boundary in the Municipal (') District of Taber. Included in these holdings is the SW Y.. section of 25 10 17 W4M. =" cc An area resident has expressed interest in an industrial business development on 5-7 acres in the extreme south west corner of the quarter section described above. ac: ::::s Attached is the Town's Land Sale policy - in the event Council would like to consider c. disposing of this corner property, it would be appropriate to declare the south west corner of •• the quarter section as surplus, per the land sale policy.

Prior to any land sale, the corner property would need to be subdivided from the existing quarter section- the MD of Taber is the subdivision and development authority for the area where these lands are located.

0 "'C 1 . Council declares the south west corner of the SW Y.. of 25 10 17 W4M, as surplus. ...s· :s tn 2. Council accepts the report regarding the SW Y.. of 25 10 17 W4M, for information.

Recommendation: Option #1 -Council declares the south west corner of the SW 'X of 25 10 17 W4M, as surplus.

Approval October 4, 2012 CAO: ~~~ Date: POLICY NO. 53M-82830

TITLE: lAND SALE POLICIES RESIDENTIAL- INDUSTRIAUCOMMERCIAl

FUNCTION: lAND/HOUSING/BUilDINGS

AUTHORITY: TOWN MANAGER/DIRECTOR OF CORPORATE SERVICES

RESOLUTION NO: 178/93 RES. 477/99

REVISION DATES: JUNE 25/90 September 13. 1999 MARCH22/93

POLICY

As per attached.

DISTRIBUTION

MANAGEMENT NON-MANAGEMENT OFFICE OTHER

INQUIRIES- DIRECTED TO: TOWN MANAGER/DIRECTOR OF CORPORATE SERVICES

TOWN~/Ytf=# MANAGER TOWN LAND FOR SALE

A POLICY TO ESTABLISH PROCEDURES GOVERNING THE SALE OF REAL PROPERTY OF THE TOWN:

Authority: Division 8, Section 70 of the Municipal Government Act, enacted by Statutes of Alberta, 1994, Chapter M-26.1, with amendments in force as of January 1, 1999.

1. General

1.1 Unless exempted by the Municipal Government Act or regulation made pursuant thereto, every sale

of land owned by the Town shall be made In accordance with the applicable procedures set forth in

this policy.

2. Procedures - General

2.1 This section applies to the sale of all lands of the Town except highways, roads and Janes (held in title

by the Crown).

2.2 Before selling any real property of the Town, the Council shall

a) by resolution passed at a meeting open to the public, declare the real property to be surplus;

b) obtain at least one appraisal of the fair market value of the real property;

c) approve or amend Individual lot prices as Indicated In b);

d) delegate the authority for the sale of real property to the Town manager and/or the director of

Corporate Services as outlined in Section 3 - Conditions of Sale; and

e) give notice to the public of the proposed sale in accordance with this policy or otherwise as

Council may direct

2.3 Notice to the public shall be deemed to be given and sufficient, once the minutes of the proceedings of the Council or If any Committee of Council have been printed and ratified by Council. 2.4 a) An appraisal shall be based on the principle of market value as estimated by an independent

accredited appraiser;

b) if the real property is not sold within one year from the date on which the appraisal is made, a new

appraisal may be obtained before the property is sold if directed by Council;

c) an appraisal shall not be disclosed to the public until after the sale of the real property has been

completed if such disclosure could reasonably be expected to prejudice the economic interests of the

Town or could reasonably be expected to be injurious to the financial interests of the Town.

2.5 a) Notwithstanding anything herein contained, the Council may authorize a sale of real property by

public tender, public auction, call for proposals, direct advertisement or otherwise as the Council may

deem appropriate;

b) Upon receipt of an offer to purchase real property which has not been declared surplus, CouncU may

determine whether the real property should be declared surplus and if the real property has not been sold

after the real property has been declared surplus and the procedures set forth in section 2.2 have been

observed, then the Council may accept or otherwise deal with the offer to purchase as the Council

considers appropriate and in doing so the Council may have regard to the use proposed to be made of

the real property;

c) Notwithstanding that public notice has been given under this policy and that one or more offers has

been presented to the Council, nothing shall fetter the absolute discretion of the Council to retain the real

property or to dispose of the real property on such terms and conditions as may be considered desirable

by the Council.

2.6 The Council may also require the purchaser to pay, in addition to the purchase price, the Town's legal, survey, advertising and other costs associated with the sale. 3. Conditions of Sale

a) Minimum ten (10%) percent of the purchase price to accompany Real Estate Purchase Contract;

b) Interest at one and one third (1.33%) percent per month to a maximum of sixteen (16%) percent per

annum will be charged on any amount owing after one ( 1) month from the date of the Real Estate

Purchase Contract;

c) Applicant must acquire the necessary Development and Building Permits and pay the required fees;

d) The duplicate Certificate of Title will be transferred only after all monies have been received; and,

e) Any conditions outside the scope of this policy will require Council approval.

ATTACHED: Real Estate Purchase Contract

PASSED IN COUNCIL this _th day of ______. 1999.

Reference: POLICY NO. 53M-82830 RES. 178/93.

Revised September/99 - Director of Planning and Economic Development CERTIFICATE OF COMPLIANCE as per

Section 70 of the Municipal Government Act I hereby certify that the sale of the real property described as:

has been lawfully completed with respect to the following:

a by-law outlining the notice to be given to the public and the other procedures to be foUowed with respect to the disposal of real property was In force In the municipality when the resolution or by-law declaring the property surplus was passed;

the notice provisions required by the above-noted by-law have been complied with;

the required appraisal of the fair market value of the property was obtained or, I) the property is of a prescribed class that does not require an appraisal, ii) the sale is to a prescribed public body, or,

Iii) the sale Is under Section 70 of the Municipal Government Act.

DATED THIS day -----~of 19_ at the Town of Taber in the Province of Alberta.

Director of Planning and Economic Development JUNE/96 TOWN OF TABER 0 REAL ESTATE PURCHASE CONTRACT

TO: Town of Taber (hereinafter called the 11Town") being the Vendor of "the Property" described as follows:

Purchaser (Telephone No.)

Street Number (Mailing Address)

Plan, Block, Lot(s) (Section, Township, Range, Meridian)

1. PURCHASE PRICE I hereby offer to purchase the above described property as it stands, for the sum of $ ______

2. GOODS AND SERVICES TAX (G.S. T.) a) If the Purchaser is registered for G.S.T., he will supply his G.S.T. 0 registration number to the Vendor and the Parties agree to file the Proper forms and Elections so that G.S.T. need not be paid with the Purchase price. (refer to Schedule 11 A").

b) In the event that the Purchaser is not registered for G.S.T. or G.S.T. can not be deferred or waived by filing of the proper forms or elections on any portion of the purchase price, the Purchaser agrees to pay to the Vendor the applicable G.S.T.

3. PAYMENT The price for the property is to be paid in the following manner:

a) Oeoosit

$ ______$ $______Principal G.S.T. (if applicable) TOTAL DEPOSIT

The deposit shall be held in trust for both the Town and the Purchaser; and the Deposit shall be dealt with in accordance with the terms of the Contract.

Page 1

==-=-~--~==~-----=====~~~~==~====~~~~r-~ b) Balance

0 $ ______$ ______$ ______Principal G.S.T. (if applicable) TOTAL BALANCE

(more or less) paid only by Solicitor's trust cheque or bank draft delivered to the Town on or before possession date.

c) Total Price

Principal $ ------­ G.S.T. (if applicable) $ ------

TOTAL PRICE $ ======

4. VENDOR'S CONDITIONS This offer is made subject to the following conditions, all of which may unless otherwise indicated, be unilaterally waived by the Purchaser by written notice to the Town on or before the expiry date for the satisfaction of the condition.

5. Additional Terms of Sale (if any):

6. All money owing to the Town shall be paid to the Town on or before the ADJUSTMENT DATE. If the Town agrees to accept monies after the adjustment date, the Purchaser shall pay interest at the rate of 1.33% per month or 16% per annum on any money owing to the Town at the adjustment date, from the adjustment date until the last money has been paid.

7. This offer shall be open for acceptance in writing until ___ o'clock _M. on------___

8. All normal adjustment for the property including but not limited to taxes, municipal utility charges, rents and damage deposits, and interest shall be adjusted at noon on . ("Adjustment Date").

Page 2 j 9. The Town shall provide the following services up to the boundary of the 0 property: (delete the services not provided) Domestic Water Cable Sanitary Sewer Paving Storm Sewer Sidewalks Natural Gas Curbs Other ------

10. THE PURCHASER HAS INSPECTED THE PROPERTY AND AGREES THAT NEITHER THE TOWN NOR ITS' AGENT HAS MADE ANY REPRESENTATION, WARRANTY, COLLATERAL AGREEMENT OR CONDITION REGARDING THE PROPERTY OR ANY ADJACENT LANDS OR LAND IN CLOSE PROXIMITY TO THE PROPERTY OR OTHERWISE WHICH MAY IN ANY WAY DIRECTLY OR INDIRECTLY AFFECT THE PROPERTY OR REGARDING THIS CONTRACT OTHER THAN WHAT IS WRITTEN IN THIS CONTRACT.

11. The Deposit shall be forthwith refunded to me without deduction and without interest if: a) my offer is not accepted; or b) a condition is not satisfied; or the Town fails to perform this contract.

However, if this Offer is accepted and all conditions are satisfied and I then fail to perform this contract, the Deposit shall be subsequently forfeited on account of liquidated damages and the Town may also take such other remedies against the Purchaser as the Town has at law.

12. The property shall be free and clear of any financial encumbrances not specifically permitted in the Contract. The property may be subject to non­ financial encumbrances (if any) now on the title such as easements, utility rights-of-way, covenants and conditions that are normally found registered against property of this nature and which do not affect the marketability of the property.

13. The Purchaser agrees to assume all local improvement assessments on the property.

14. The transfer of land in registrable form shall be prepared at the expense of the Town, and delivered (together with the Duplicate Certificate of Title, if required) to the Purchaser's Lawyer within a reasonable time prior to the Adjustment Date. In the event the Town does not provide the Transfer of Land to the Purchaser or his Solicitor in sufficient time to register prior to the Adjustment Date, then the Purchaser shall not be obliged to pay any interest to the Town on that portion of the cash to close attributable to the Purchaser's own funds provided those funds are paid to the Town in trust,

Page 3 until the Purchaser has reasonable time in which to register the Transfer of land.

15. Time shall be of the essence in the Contract.

16. In the Contract, the masculine gender and the singular shall be construed, however the feminine gender and the plural shall be used where the context requires. This Contract shall enure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the parties hereto.

SIGNED AND DATED AT TABER, ALBERTA AT----- o'clock, _m. on

Signature of Witness of Purchaser Signature of Purchaser

Signature of Witness of Co-Purchaser Signature of Co-Purchaser

PART B - ACCEPTANCE

The undersigned Town of Taber, hereby accepts the above Offer and agrees to complete the sale on the terms and conditions in the Offer.

SIGNED AND DATED AT TABER, ALBERTA AT _____o'clock, _m. on

TOWN OF TABER

Town Manager SEAL

Page 4 11--

1 Schedule "A" TOWN OF TABER 0 REAL ESTATE PURCHASE CONTRACT I

STATUTORY DECLARATION l

IN THE MATTER OF THE GOODS AND SERVICES TAX AND IN THE MATTER OF I THE PURCHASE OF PLAN , BLOCK , LOT____ _

l, ______,of

------' in the Province of Alberta,

DO SOLEMNLY DECLARE THAT:

1 . I am an agent/purchaser of the following lands: Plan Block Lot

EXCEPTING THEREOUT ALL MINES AND MINERALS

2. The said Purchaser, as at the date of this declaration, is a registrant and has been I registered under the Excise Tax Act with respect to goods and services tax ("G.S.T."I and the Purchaser's G.S.T. registration number is ______, I 3. The said Purchaser hereby agrees to indemnify and save harmless the Town of Taber from any and all G.S.T. liability arising from this transaction.

4. The said Purchaser will self assess in connection with this transaction and I hereby undertake that the Purchaser will file a Form 60 under the Excise Tax Act and a G.S.T. Return in connection with this transaction.

5. The said Purchaser will not deregister prior to the closing of this transaction.

AND I MAKE THIS SOLEMN DECLARATION CONSCIENTIOUSLY BEUEVING IT TO BE TRUE AND KNOWING THAT IT IS OF THE SAME FORCE AND EFFECT AS IF MADE UNDER OATH AND BY VIRTUE OF THE CANADA EVIDENCE ACT.

SWORN BEFORE ME at the Town of) Taber, in the Province of Alberta, this) __ day of , A.D., __)

A Commissioner for Oaths in and for the Province of Alberta Municipal District of Taber- Interactive Map

Title : WastewalerlrrigationLands Notes: Created: Tue Oct 2 2012

Mappla1 Site Loallion: hHp:/ho.,.,..mdtaber.ab.cal"mtn'IICiive-tnap MAP LEGEND Manpinc Ditdaimcr; M1pping pro,·ided by the Municipal District ofTaber is for general spatial mapping inquiries. Mapping data prm·ided by lhe 0 Parcel Mappins (Quanerly Updates) M.D. ofTaber \'ariea in le,·els ofoa:urocy. The Municipal District ofTaber will nol be held resposible for any misuse of the infonnation provided. 0 Geneml Quaner Section Lines Spallallaycra provided by the M.D. ofTaber will be updated on a quanerly rolalion based on liming and requirements. Tho lnform11ion may contain errors or omission•. It is our soallo prm·ide a general mapping environment similar lo tha i 0 Municipal Address Assigned of the common Gooyle Mappiny Application. • Points oflnlere

Title: SWQtr 25 10 17 W4M Notes: Created: Tue Oct 2 2012

Mappln1 fijfe Location: hlfp:l/•-ww.mdtaNr.ab.c:a/intc:rac:rive-nuop MAP LEGEND MeepfM Dftdalmcr; Mapping pro•·ided by the Municipal DistriCI ofTaber is for general spatial mapping inquiries. l'vlapping data provided by the 0 Parcel Mapping (Quancrly Updutes) M.D. ofTabcr varie1 in levels of accuracy. The Municipal District ofTabcr will not be held resposiblc for any misuse of the information provided. D Geneml Quoner Section Lines Splllinllaycro provided by the M.D. ofTabcr will be updated on a quanerly rotation based on timing and requirements. The information may contain erroro or omissions. It is our goal to provide a general mapping environment similar to that 0 Municipal Address Assigned of lite common Ooogle Mapping Application. • Points of Interest Agenda Item No. 7.E) TOWN OF TABER COUNCIL REQUEST FOR DECISION

Subject: Administration Building Flag Poles Date of October 9, 2012 Agenda: Pre~ared By: Rob Cressman, Director of Public Services Attachments: Canadian Heritage- Rules for Flying the Flag Topic: Administration Building Flag Poles m D) Staff recently identified a safety concern with the bases of flag poles located at the main n entrance to the Town/MD Administration Building. The flag poles were removed September 28 as a precautionary measure to mitigate the risk of further deterioration and/or injury. (Q " Four flags are typically hung from these flag poles: ca 1. Canada, ::s 2. Alberta, c. 3. Town of Taber, and •• 4. MD of Taber.

Replacing the flag poles was not anticipated in 2012 - Administration requests Council's input and direction on the following two replacement options:

Option #1 - install two (2) new 25' tall flag poles in the same locations, each designed/built to accommodate two flags. Cost not to exceed $4,500. Option #2- install four (4) new 25' flag poles, two on either side of the building entry, each designed/built to accommodate one flag. Cost not to exceed $7,000.

Rules for Flying the Flag from the Canadian Heritage website are attached. Based on prescribed flag protocol, the flags would be flown from left to right as follows: Canada, Alberta, MD of Taber, and Town of Taber. (It would likely be an insignificant breach of that protocol if we switched the MD and Town flags to reflect the division of the office building, if desired.)

Administration recommends Council authorize option #2 because we believe that the load on the poles will be less (one flag versus two) and the four-pole array will be more esthetically pleasing.

The MD of Taber has agreed to share equally the costs of the flag poles installation.

Cont'd 0 "C 1. Council approves an amendment to the 2012 Operating budget for replacement of ~ four Administration Building flag poles, with costs shared equally between the Town 0 of Taber and MD of Taber, with the Town's share not to exceed $3,500 from the ::l accumulated surplus. ..tn 2. Council accepts the Administration flag poles report for information, and refers it to the 2013-15 budget deliberations.

Recommendation: Option #1 - Council approves an amendment to the 2012 Operating budget for the purchase and installation of four Administration Building flag poles, with costs shared equally between the Town of Taber and MD of Taber, with the Town's share not to exceed $3,500 from its accumulated surplus.

Approval October 4, 2012 CAO: --=\(',._ ~ ~ Date: Canadian Heritage - Rules for Flying the Flag Page I of 12

Canadian Pat mome ••• Hentage canad1en Canada Share Rules for Flying the Flag

• Fla g Etiquette in Canada • Rules for Fl ying the Fla g • Personal Flags and Standards • The Royal Union Flag • Fla s of International Or aniza tions • Folding the National Flag of Canada

Updated April 2003 - hanges will be reflected in new ed ition of Flag Etiquette publication.

Dignity of the Flag Displaying the Flag Position of honour Half-masting for Mourning Disposal of Flags Dignity of the Flag

The National Flag of Canada should be displayed only in a manner befitting this important national symbol; it should not be subjected to indignity or displayed in a position inferior to any other flag or ensign. The National Flag always takes precedence over all other national flags when flown in Canada. The only flags to which precedence is given over the Canadian flag are the personal standards of members of the Royal Family and of Her Majesty's eleven representatives in Canada (ie. The Governor General and 10 Lieutenant Governors).

The National Flag of Canada should always be flown on its own mast - flag protocol dictating that it is improper to fly two or more flags on the same mast (eg. one beneath the other). Further, the following points should be kept in mind:

• The National Flag of Canada should not be used as table/seat cover, as a masking for boxes or as a barrier on a dais or platform. • While it is not technically incorrect to use the National Flag of Canada to cover a statue, monument or plaque for an unveiling ceremony, it is not common practice to do so and should be discouraged. • Nothing should be pinned to or sewn on the National Flag of Canada . • The National Flag of Canada should not be signed or marked in any way (A border could be attached to the outside edge of the Flag on which it would be acceptable to have signatures leaving the Flag itself untouched).

When the National Flag of Canada is ra ised or lowered, or when it is carried past in a parade or review, all present should face the flag, men should remove their hats, and all should remain si lent. Those in uniform should salute. Displaying the Flag

The National Flag is flown at all federal government buildings, airports, and military bases and establishments within and outside Canada. The flag may be flown by night as well as by day.

The National Flag of Canada may be displayed as follows:

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Flat against a surface, horizontally and vertically

If hung horizontally, the upper part of the leaf should be up and the stern down . If hung vertica lly, the flag should be pl aced so that the upper part of the leaf points to the left and the stern to the right from the point of view of the observer fa ci ng the flag. Flags hung vertica lly should be hung so that the canton is in the upper left corner (Figure 4 ).

Figure 4

On a flagpole or mast

The top left (first) quarter or canton should be placed in the position nearest the top of the flagpole or mast. When carried, the guidelines listed under "Dignity of the Flag" should be respected.

On a flag rope (halyard)

The canton should be placed uppermost, raised as closely as possible to the top with the flag rope tight.

Suspended vertically in the middle of a street

The upper part of the leaf should face the north in an east-west street (Figure 5), and face east in a north-south street (Figure 6), thus being on the left of the observer facing east or south respectively.

Figure 5

Figure 6

Projected from a building

Displayed horizontally or at an angle from a window or balcony, the canton must point outward.

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Affixed on a motor vehicle

The flag must be on a pole firmly fixed to the chassis on the front right.

Sharing the same base - Three flags

When only three flags are clisplayecl, the National Flag should be at the centre. To an observer facing the display, the second-ranking flag (in order of precedence) is placed to tile left of centre, and the other to tile right.

A common combination of flags is that of the National Flag of Canada with a provincial or territorial flag, and a municipal flag or an organization's banner. In su h a case, tile Na ti onal Flag should be in the centre with the provincial/territorial flag to tile left and the municipal flag/organization's banner to the right (to an observer facing tile display).

When used to cover a casket at funerals

The canton should be draped over the upper left corner of tile casket (Figure 7) . Tile flag should be removed before the casket is lowered into the grave or, at a crematorium, after the service. Tile flag size for a standard adult-sized casket should be 4 1/2 X 9 feet/ 1.40 X 2.80m.

Figure 7 Position of honour

Due consideration should be given to flag etiquette and precedence whenever the National Flag of Canada or other sovereign national flags or provincial/territorial flags are displayed.

The location of the position of honour depends on the number of flags flown and the chosen configuration. When two flags (or more than three flags) are displayed, the position of honour is furthest to the left (to an observer facing the display). When three flags are flown, the position of honour is in the centre (see "Sharing the same base - Three flags")

Precedence

The order of precedence for flags is:

1. The National Flag of CanadaW 2. The flags of other sovereign nations in alphabetical order (if applicable)ill 3. The flags of the provinces of Canada (in the order in which they joined Confederation) 4. The flags of the territories of Canada (in the order in which they joined Confederation) 5. The flags of municipalities/cities 6. Banners of organizations 7. Historical FlagsW

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If one si mply wishes to crea te a decorative effect (eg . dressi ng a hou e for a festive occasion) it is preferable to use pennants or coloured buntings and not flags.

Alone

When the National Flag of Canada is flown alone on top of or in front of a building where there are two flagpoles, it should be flown on the flagpole to the left to an observer facing the flag.

When the National Flag of Canada is flown alone on top of or in front of a building where there are more than two flagpoles, it should be flown as near as possible to the centre (Figure 8).

Figure 8

When the National Flag of Canada is displayed in a place of wor hip or on a speaker's platform, it should be against the wall, or on a flagpole on the left from the point of view of the congregation audience facing the celebrant or speaker (Figure 9).

Figure 9

When used in the body of a place of worship or auditorium, the National Flag of Canada should be to the right of the congregation or spectators facing the flag (Figure 10).

Figure 10

With flags of other sovereign nationsW

The National Flag of Canada, when flown or paraded, takes precedence over all other national flags. When flown with the flags of other sovereign nations, all flags should be flown on separate

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flagpoles/masts and at the same height, all being of the same size, with the National Flag of Canada occupying the position of honour.

The National Flag should be raised first and lowered last, unless the number of flags permits the1r being raised and lowered simultaneously.

With the flag of one other nation, the National Flag of Canada should be on the left of the observer facing the flags; both should be at the same height (Figure 11).

Figure 11

When crossed with a flag of another sovereign nation, the National Flag of Canada should be on the left of the observer facing the flags; the flagpole bearing the National Flag of Canada should be in front of the pole of the other flag (Figure 12).

Figure 12

In a line of three flags, the National Flag of Canada should be in the centre. The other two flags should, in alphabetical order, be placed to the left and right of the National Flag respectively, from the point of view of the observer facing the three flagpoles/masts {Figure 13).

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Figure 13

When there are more than three flagpoles/masts, the National Flag of Canada should be flown on the left of the observer facing the flags, followed by the flags representing the other sovereign nations ordered alphabetically. An additional National Flag of Canada may also be flown on the right at the end of the line (Figure 14).

Figure 14

In a semi-circle of flags representing a number of sovereign nations, the National Flag of Canada should be in the centre (Figure 15).

Figure 15

In an enclosed circle of flags representing a number of sovereign nations, the National Flag of Canada should be flown on the flagpole/mast immediately opposite the main entrance to a building or arena (Figure 16).

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Figure 16

With a combination of flags of sovereign nations, provinces/territories, international organizations, cities, companies, etc.

In keeping with previously outlined practice, the National Flag of Canada, when flown with different types of flags, should be flown on the left of an observer facing the flags. The position of the other flags is determined by order of precedence (Figure 17).

c 0 Figure 17

When displayed with a flag of another sovereign nation, a provincial/territorial flag, a company/association flag or club pennants on a flagpole fitted with a yardarm or a gaff, the National Flag of Canada is positioned as follows (Figure 18):

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MASTS, YARDARMS AND GAFFS

Figure 18

With flags of the Canadian provinces and territories

When provincial and territorial flags are flown with the National Flag of Canada, the order is based on the date of entry into Confederation of the provinces followed by the territories. In a grouping of flags that includes the National Flag of Canada and all of the flags of the provinces and territories, the order of precedence is:

1. National Flag of Canada 2. Ontario (1867) 3. Quebec (1867) 4. Nova Scotia (1867) 5. New Brunswick (1867) 6. Manitoba ( 1870) 7. British Columbia (1871) 8. Prince Edward Island (1873) 9. Saskatchewan (1905) 10. Alberta (1905) 11. Newfoundland (1949) 12. Northwest Territories (1870) 13. Yukon ( 1898) 14. Nunavut(1999)

When there are more than three flagpoles/masts, the National Flag of Canada should be flown on the left of the observer facing the flags, followed by the flags of the provinces and territories. An additional National Flag of Canada may be displayed at the end of the line rf desired.

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Display along a wall

I I I z II J I 4 II s I 1'1 II 7 I " I 9 ll1o l u ll1 .t I•\ I H I I l

Display flanking an entrance

"V" display for visual effect

Carried in a procession

If carried with other flags, in a single file, the National Flag of Canada should always lead (Figure 19).

Figure 19

If carried in line abreast, it is preferable to have the National Flag of Canada at each end of the line (Figure 20).

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Figure 20

If only one National Flag of Ca nada i available, it should be pia eel in the ce ntre of the line of flags carried abreast (Figure 21).

Figure 21

When the number of flags is even and the National Flag of Canada cannot be carried in the centre (of a line of flags abreast), it should be carried on the right-hand end of the line facing the direction of movement. (Figure 22)

Figure 22

Note: It is suggested that the pole or pike used to carry flags be 7 or 8 feet/ 2.10 to 2.40m in length.

Flown on ships and boats

The National Flag of Canada is the proper national colours for all Canadian ships and boats, including pleasure craft. The Canadian Shipping Act states that a Canadian ship shall hoist the flag on a signal being made to her by one of Her Majesty's Canadian ships, or any ship in the service of and belonging to the Government of Canada; on entering or leaving any foreign port; and if of 50 tonnes gross tonnage or upwards, on entering or leaving any Commonwealth port.

Foreign vessels may fly the Canadian flag as a "courtesy flag" when they are berthed in a Canadian port. The flag then is customarily flown from the foremast.

General rules governing merchant vessels and pleasure craft are as follow:

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• the flag should be wo rn in harbour and in territorial waters but n d not be worn while under way on the high seas unless the vessel wishes to iden tify her nationality to another ship; • whenever possi ble, the proper pl ace for a vessel to display tile national colours is at the stern, except that when at sea, the fl ag may be flown from a gaff; • when in harbour the flag should be hoisted at 0800 hours and lowered at sunset; • when a merchant ship and a warship of any nationality pass or overtake one another, the merchant sh ip should dip the flag as a gesture of courtesy. If on a staff, the lowest corner of the flag should be brought to the level of the rail and kept there until the salutation is acknowledged by the naval vessel. If flown from a gaff, the flag should be lowered to six feet (1.80m) above the level of the deck, until the sa lute is acknowledged; • in times of mourning, t he flag may be flown at half-mast, which places the upper corner of the flag next to the staff at approximately three-quarters of full-hoist. As on land, a flag hoisted t o or lowered from half-mast position must first be hauled close-up. Half-masting for Mourning

Flags are flown at the half-mast position as a sign of mourning.

The flag is brought to the half-mast position by first raising it to the top of the mast then immediately lowering it slowly to the half-mast position.

The position of the flag when flying at half-mast will depend on the size of the flag and the length of the flagstaff. It must be lowered at least to a position recognizably "half-mast" to avoid the appearance of a flag which has accidentally fallen away from the top of the mast owing to a loose flag rope. A satisfactory position for half-masting is to place the centre of the flag exactly half-way down the staff (Figure 23).

I. 2. Oaastuldanl Oa a projectiJtc Oagpole. tJacpole.

3. 4. Oa apeak or~ 011 a naast witJa aa tile flag fOes o~~e kalf iJlmnelling ._. way vp tile laal.yards s1nu:ture. ha die cleats, recarcDess oftile positioa ofcrossttees , p~naorapw·~· ~~-­ JU.y iJlmneu.

5. 6. Oa a mast with Oil a JUSt cresstrees, ... wldcltis I pladDra or '6Dp. sunuuafulg ~ a"buiWblg '

\ I

Figure 23

On occasions requiring that one flag be flown at half-mast, all flags flown together should also be flown at half-mast. Flags will only be half-masted on those flagpoles fitted with halyards and pulleys.

http://www.pch.gc.ca/pgm/ceem-cced/etiqtt/101-eng.cfm 02/10/2012 Canadian Heritage - Rules for Flying the Flag Page 12 of 12

Some buildings fly flags from horizontal or angled poles, without halyard , to whi h flags are permanently attached. Flags on these will not b half-masted. Disposal of Flags

When a flag becom s tattered and is no longer in a suitable condition for use, it should be destroyed in a dignified way.

Rules for Half-mastin the National Fla of Canada Notes

• W Her Majesty's Personal Canadian Flag, the standards of members of the Royal Family as well as the standard of the Governor General and the standard of the Lieutenant Governor (in his/her province of jurisdiction and when assuming the duties of the representative of The Queen) take precedence over the National Flag of Canada on the buildings where these dignitaries are in residence or where they are attending a function. • ill There are exceptions when flying the Union Jack as outlined under the chapter entitled "The Royal Union Flag". • rnFor rules on flying historical flags along with the National Flag of Canada, consult the Historical Flag Policy and Rules for Flying Historical Flags in Canada for more information. • ill The flag configurations shown in figures 11 to 16 also apply when the National Flag of Canada is flown with one or more provincial/territorial flag.

Date Modified: 2011 -08-05

http://www .pch.ge.ca/pgm/ceem-cced/etiqtt/1 0 1-eng.cfm 02/10/2012 ,,. .. ~ ,., TABER Agenda Item No. 7.F) TOWN OF TABER COUNCIL REQUEST FOR DECISION

Subject: Department Report Date of October 9, 2012 Agenda: Prepared By: Kerry Van Ham, Council & CAO Assistant Attachments: Department Report Topic: Department Report

~ The following report is supplied for Council Information. n ,.;- cc ac :;, Q. ••

0 "'C,... 1. That Council accepts the Department Report for information. 0-· ::J

Recommendation: Option #1 -That Council accepts the Department Report, for information. ·- ,, Approval October 4, 2012 CAO:~fh~ Date: IIW!t • I TABER Town of Taber

CHIEF ADMINISTRATIVE OFFICER Se tember 17, 2012 - October 2, 2012

• Met many of the Town's staff in the first two days of work during introductory tours with Mayor Bryant and D. Culler. We visited the arena, auditorium, pool, public works building, fire/EMS building, police station, sewage treatment lagoon and irrigation area, cemetery, landfill and Ken McDonald's recreation area

• Undertook safety and policy orientation

• Learned basics of Town's computer system and key programs

• Met MD of Taber CAO and finance officer

• Attended:

o Police Commission meeting

o Municipal Planning Commission meeting

o Council meeting

• Discussed ambulance service options with Council members, senior managers and Alberta Health Services

• Assisted other managers with two employee grievances (CUPE)

• Reviewed letter from Police Association asking to negotiate contract. The current contract expires at year end

• Lead my first managers' meeting with senior administration

• With input from negotiating team, agreed with CUPE to delay EMS contract negotiations until October 29

• Attended Alberta Urban Municipalities Association (AUMA) Conference in Edmonton. This provided an excellent opportunity to engage with the councillors who attended, as well as to learn about AUMA concerns, hear about Alberta Government initiatives, and take educational sessions. I was also able to meet with some of our consultants: EPCOR, Associated Engineering, and Brownlee LLP

• Worked with the Mayor and D. Culler to finalize the agreement with South Grow Regional Initiative. This will allow the Town to pass money from the Province to South Grow to fund research on water availability for economic development