YELLOWHEAD COUNTY COUNCIL MEETING AGENDA Tuesday, August 13, 2019 9:30 AM
Our Mission Statement Building a better community for present and future generations.
Vision Statement Recognized as a place of choice for those who want to be where great things happen.
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COUNCIL MEETING AGENDA COUNCIL CHAMBERS YELLOWHEAD COUNTY ADMINISTRATION BUILDING, EDSON, ALBERTA AUGUST 13, 2019
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1.0 AGENDA
1.01 Adoption of Agenda
That Council for Yellowhead County adopts the August 13, 2019 Council Agenda as presented.
2.0 MINUTES
2.01 Adoption of Council Meeting Minutes 4 - 9
That Council for Yellowhead County adopts the July 23, 2019 Council Meeting minutes as presented.
3.0 SCHEDULED PRESENTATIONS
4.0 CHIEF ADMINISTRATIVE OFFICER
4.01 Intermunicipal Collaboration Framework Agreement 10 - 21 with Edson
5.0 COMMUNITY SERVICES
5.01 Municipal Historic Resource Designation - Spanach 22 - 45 Residence
5.02 Council Attendance/Participation on the Community 46 - 47 Connector and Tipple Park Museum operating boards.
6.0 INFRASTRUCTURE SERVICES
7.0 PROTECTIVE SERVICES
8.0 CORPORATE AND PLANNING SERVICES
8.01 Bylaw 14.19 To Establish a Subdivision Authority 48 - 51
Direction as provided by Council.
8.02 Reserve Bids for 2019 Property Tax Auction 52 - 53
That Council determine the reserve bids amounts and Yellowhead County Council Meeting Agenda August 13, 2019 Page 2 of 59 conditions for the land shown on the tax arrears list for the purposes of the 2019 tax recovery public auction
8.03 2019 Property Tax Auction 54 - 55
That Council for Yellowhead County determine the date, time and location of the 2019 Property Tax Auction.
9.0 GENERAL ADMINISTRATION
9.01 Follow Up Action List 56
That Council for Yellowhead County accepts the Follow Up Action List as presented for information purposes.
9.02 Council Schedule 57 - 58
That Council for Yellowhead County accept the Council Schedule as presented for information purposes.
9.03 Council Information Package 59
That Council for Yellowhead County accept the Council Information Package for August 8, 2019 previously submitted for information purposes.
10.0 CLOSED SESSION
10.01 Closed Session
That Council for Yellowhead County enter into a Closed Session subject to the Freedom of Information and Protection of Privacy Act Section 23(1)
10.05 Adjourn Closed Session
That Council for Yellowhead County adjourn the Closed Session.
11.0 ADJOURNMENT
11.01 Adjournment of Council Meeting
That Council for Yellowhead County adjourn the August 13, 2019 Council Meeting.
Yellowhead County Council Meeting Agenda August 13, 2019 Page 3 of 59 Council Meeting Minutes July 23, 2019
MINUTES
Yellowhead County Council held a Council Meeting on July 23, 2019 commencing at 9:30 AM in the Council Chambers, at the Yellowhead County Administration Building in Edson, Alberta.
COUNCILLORS PRESENT: Gerald Soroka, Mayor Sandra Cherniawsky, Deputy Mayor and Councillor Division 1 - Evansburg and Area Anthony Giezen, Councillor Division 2 - Wildwood and Area Penny Lowe, Councillor Division 3 - Niton Junction and Carrot Creek Areas David Russell, Councillor Division 4 - Peers/Rosevear/Shiningbank Areas Shawn Berry, Councillor Division 5 - Wolf Creek/Pinedale Areas Wade Williams, Councillor Division 6 - Edson and Area Dawn Mitchell, Councillor Division 7 - Edson West Area Lavone Olson, Councillor Division 8 - Hinton, Cadomin/Robb Areas
COUNCILLORS ABSENT:
ADMINISTRATION PRESENT: Jack Ramme, Chief Administrative Officer Christopher Read, Director of Community Services Don O'Quinn, Director of Infrastructure Services Dan Ivanov, Communications Coordinator Sherry Wassing, CAO Administrative Assistant
Mayor Soroka called the meeting to order at 9:30 AM.
1 AGENDA
1.1 Adoption of Agenda
RES 197-07-23-19 MOVED BY Councillor Cherniawsky that Council for Yellowhead County adopts the July 23, 2019 Council Agenda as presented. CARRIED UNANIMOUSLY
2 MINUTES
2.1 Adoption of Council Meeting Minutes
RES 198-07-23-19 MOVED BY Councillor Olson that Council for Yellowhead County adopts the July 9, 2019 Council Meeting minutes as presented. CARRIED UNANIMOUSLY
2.2 Adoption of Governance and Priorities Meeting Minutes
RES 199-07-23-19 MOVED BY Councillor Giezen that Council for Yellowhead County adopts the July 16, 2019 Governance and Priorities Meeting Minutes as presented. CARRIED UNANIMOUSLY
3 CHIEF ADMINISTRATIVE OFFICER
3.1 Funding Request for Provision for Noncollectable Taxes
RFD - 1164
In the 2018 year end financial statement Yellowhead County reported outstanding taxes receivable in the amount of $2,187,200 offset by an allowance for noncollectable
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amounts in the amount of $1,248,503. Since that time the 2019 tax levy has been processed with a due date of June 30, 2019. Tax payments were very slow to be received in comparison to prior years and the bulk of the funds were received either in the final week or in the first few business days in July.
After all payments were processed the remaining outstanding balance of all tax accounts was $7,340,088, a figure considerably higher than prior years. The total amount outstanding includes some amounts that are anticipated to be collected, such as monthly payment amounts and amounts under agreement, and after adjustments the outstanding tax receivables balance is estimated at $5,489,328. This amount consists of all categories of tax accounts however an estimated amount of $3,800,000 is attributed to oil and gas accounts.
Leading up to the tax deadline the County was contacted by a number of oil and gas producers who raised concerns over paying taxes when they were in discussions with the provincial government on a tax relief program. The concerns raised covered a variety of topics from requests to enter into a tax agreement to a statement that no funds would be forthcoming and that they refused to pay taxes. On July 4, 2019 the province announced a tax relief program in the media that advised shallow gas producers would have 35% of their municipal taxes reversed and that the municipalities would then have the provincial school tax amount reversed so the tax forgiven would be offset by the school requisition.
On July 9 the County Director of Corporate Services contacted the Rural Municipalities Association to seek an update on both the program and any news on outstanding tax collection and was referred to the province. The Associate Deputy Minister advised information would soon be sent out to municipalities but that Yellowhead County would see a limited affect as the tax relief is only applicable to dry shallow gas wells or certain defined assets, not all assets owned by the companies. The list of wells and associated pipelines in Yellowhead County that have been identified in the program has now been received and it is a small number of accounts.
The County is now in the position where tax receivables are approximately 5 times greater than this period last year with a number of tax account holders seeming to be under the impression that their taxes were going to be cancelled. We are anticipating difficulties in trying to collect these funds but will follow every means possible to do so. In addition penalties in the amount of 6% were applied to outstanding accounts as of June 30 and while this was explained to callers there is likely to be a negative response.
These difficulties combined with a number of bankruptcies and receivership actions means that the County must consider the balance in the allowance account for noncollectable taxes to determine if the allowance will cover the potential for future write off. The current allowance of $1,248,503 is not sufficient and the allowance should be set at $4,065,740 meaning an increase of $2,817,237. The only source of funding available for an item of this magnitude is the General Emergent Reserve which holds sufficient funds to cover it. Two items have previously been approved from this reserve in 2019 and should the tax allowance amount also be approved the reserve will be reduced to 3.6 million from 6.4 million.
RES 200-07-23-19 MOVED BY Councillor Cherniawsky that Council for Yellowhead County approve a transfer in the amount of $2,817,237 from the Emergent Reserve to the Allowance for Noncollectable Taxes. CARRIED UNANIMOUSLY
3.2 Entwistle Community Hub Universal Change room
RFD - 1165
At the July 16th Governance and Priorities meeting, Councillor's Cherniawsky and Giezen advised Council that collectively they have received over 100 calls objecting to the Universal Change Room concept that has been designed and approved for the new Entwistle Community Hub. As such Councillor's Cherniawsky and Giezen requested Council support to send a letter to Parkland County asking them to reconsider the design and move back to the traditional male/female/family change room concept.
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At the Governance and Priorities meeting Council directed Administration to prepare a draft letter for the Mayors signature asking Parkland County to reconsider the approved design and revert back to a more traditional change room concept.
RES 201-07-23-19 MOVED BY Councillor Giezen that Council for Yellowhead County approve the draft letter to Parkland County regarding Entwistle Community HUB Universal Change Room. CARRIED UNANIMOUSLY
4 COMMUNITY SERVICES
4.1 Brule Community Hall Replacement Project Tender PLACEHOLDER DETAILS TO BE SENT ASAP
RFD - 1141
On behalf of Yellowhead County, S2 Architecture received tenders at its Edmonton office for the Brule Community Hall Replacement project. Tenders were received until 2:00 P.M. local time, on Thursday, July 18, 2019.
TENDER INFO TO BE INSERTED HERE ASAP and EMAILED TO COUNCIL ONCE COMPLETE
Based upon S2 and Yellowhead County reviews of the bids received, we can find no reason to not recommend the contract be awarded to the winning bidder: ABC Building Corporation Ltd.
RES 202-07-23-19 MOVED BY Councillor Olson that Council for Yellowhead County award the contract for the Brule Hall Replacement project to Milbrandt Construction Management Inc. in the amount of $5,505,000, to come entirely from the Facility Replacement Reserve, in 2019. CARRIED
5 INFRASTRUCTURE SERVICES
5.1 Award of Tender - Edson/Wolf Creek Grader Beat
RFD - 1168
The contract for the supply and operation of a motor grader for the Edson/Wolf Creek grader beat will be expiring on September 15, 2019. The County still requires grader maintenance for this beat and has therefore called tenders for this work. Tenders closed on July 2, 2019. Only one tender was received. The McPhee Construction Ltd. tender is as follows: 1st year $135/hr; 2nd year $138/hr; 3rd year $$141/hr; 4th year $144/hr and 5th year $147/hr. McPhee Construction Ltd is the current contractor for the Edson/Wolf Creek grader beat and his rate is $115.37/hr. The County has been satisfied with his performance over the past 7 years. The contract is for five years with an option for an additional two years.
RES 203-07-23-19 MOVED BY Councillor Berry that Council for Yellowhead County award the tender for the supply and operation of a motor grader for the Edson/Wolf Creek grader beat to McPhee Construction Ltd. in the amount of: first year $135 / hour; second year $138 / hour; third year $141 / hour; fourth year $144 / hour; and fifth year $147 / hour. CARRIED
5.2 Award of Tender - Shiningbank Grader Beat
RFD - 1169
The contract for the supply and operation of a motor grader for the Shiningbank grader beat will be expiring on September 15, 2019. The County still requires grader maintenance for this beat and has therefore called tenders for this work. Tenders closed on July 2, 2019. Only one tender was received. The McPhee Construction Ltd. tender is as follows: 1st year $135/hr; 2nd year $138/hr; 3rd year $$141/hr; 4th year $144/hr and 5th year $147/hr.
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McPhee Construction Ltd is the current contractor for the Shiningbank grader beat and his rate is $115.37/hr. The County has been satisfied with his performance over the past 7 years. The contract is for five years with an option for an additional two years.
RES 204-07-23-19 MOVED BY Councillor Russell that Council for Yellowhead County award the tender for the supply and operation of a motor grader for the Shiningbank grader beat to McPhee Construction Ltd. in the amount of: first year $135 / hour; second year $138 / hour; third year $141 / hour; fourth year $144 / hour; and fifth year $147 / hour. CARRIED UNANIMOUSLY
Mayor Soroka recessed the meeting at 10:29 am. Mayor Soroka reconvened the meeting at 10:41 am.
5.3 Emergency Flood Damage Repairs
RFD - 1172
During the recent heavy rain fall the County's infrastructure has sustained heavy damages. The flood occurrence exceeded a 1:100 year return period event and caused significant damage to roadways, bridges and surrounding lands. Attached is a list of the damaged infrastructure to date and the preliminary estimate for the repairs. The County has submitted this list to the Provincial Government in hopes that they will create a Disaster Recovery Program to cover these costs. The County's Infrastructure Department has started emergency repair work on the smaller damaged areas and has starting engineering work on the larger damaged areas. These repairs have to be done immediately to avoid further damage to County infrastructure and the environment. Should the Provincial Government not create a Disaster Recovery Program the County would have to cover the estimated cost of $2,895,000.
RES 205-07-23-19 MOVED BY Councillor Berry that Council for Yellowhead County approve the transfer of $2,895,000 from the County's General Emergent Reserve to cover the emergency flood damage repairs. CARRIED UNANIMOUSLY
6 PROTECTIVE SERVICES
7 CORPORATE AND PLANNING SERVICES
7.1 Second and third reading of Bylaw 09.19, to adopt the Town of Hinton/ Yellowhead County Intermunicipal Development Plan dated June 5, 2019
RFD - 1163
Due to recent changes to the Municipal Government Act, Yellowhead County is required to complete an Intermunicipal Development Plan (IDP) with all our municipalities sharing a common boundary. Yellowhead County shares a common boundary with eight (8) municipalities. These are: 1. MD of Greenview 2. Clearwater County 3. Brazeau County 4. Parkland County 5. Woodlands County 6. Lac St. Anne County 7. Town of Hinton 8. Town of Edson Administration has received a Ministerial Order to exempt Yellowhead County from completing IDP's with Greenview, Brazeau and Clearwater as these areas are all within the green zone. Administration has completed an IDP with the Town of Edson (2017), Parkland County (2018) and is currently working with the Town of Hinton in preparing an IDP with their community. Once the IDP is complete, Administration will focus on developing plans with Woodlands and Lac St. Anne.
The Town of Hinton/ Yellowhead County IDP area is bounded by the south bank of the Athabasca River to the north and incorporates County lands surrounding the west,
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south and east boundaries of Hinton. The total area within the plan area is approximately 3, 992 hectares (9,864 acres).
Specific policies are included in the draft IDP. These policies are: Land Use Policies Parks, Open Space and Trails Policies Transportation and Infrastructure Policies Economic and Social Development Policies Environmental Policies
On February 26, 2019 a Joint Public Meeting with the Town of Hinton was held to gather community input on the draft plan. Approximately 25 landowners attended the meeting. No major concerns were raised by the public regarding the proposed plan. The concerns that were heard were: What is the purpose of the plan Concerns regarding recreational uses along the Athabasca River in the north portion of the plan area. Focus on mixed residential/ recreational uses. Continuation of the trail system. Importance of public input. Protection of urban landscapes. Importance of Intermunicipal cooperation on tourism.
Bylaw 09.19 received first reading on April 23, 2019. The Public Hearing which was held on May 14, 2019 and was advertised in the two local papers on the weeks of April 29 and May 6, 2019.No objections were raised at the Public Hearing, nor did Administration receive any written objections regarding the proposed bylaw.
RES 206-07-23-19 MOVED BY Councillor Olson that Council for Yellowhead County give second reading to Bylaw 9.19 to adopt the Town of Hinton / Yellowhead County Intermunicipal Development Plan dated July 5, 2019. CARRIED UNANIMOUSLY
RES 207-07-23-19 MOVED BY Councillor Mitchell that Council for Yellowhead County give third reading to Bylaw 9.19 to adopt the Town of Hinton / Yellowhead County Intermunicipal Development Plan dated July 5, 2019. CARRIED UNANIMOUSLY
7.2 Capital Financial Results, Quarter 2 ending June 30, 2019
RFD - 1157
Council receives a status update report on all capital projects at the second Council meeting of each month. Additionally the financial results of the capital projects are presented at the end of each calendar quarter being March, June, September and December. The financial results for the year to date, for the period ending June 30, 2019, are presented in this item.
The 2019 Final Budget has been adopted by Council and the total amount of capital projects for 2019 is $55,901,372. The listing attached to this report identifies each capital project, provides the 2019 approved budgeted amount, and presents the total costs recorded for each project at March 31 and June 30.
RES 208-07-23-19 MOVED BY Councillor Cherniawsky that Council for Yellowhead County accepts the report on Capital Financial Results Quarter 2 for information purposes. CARRIED UNANIMOUSLY
7.3 June 2019 Financial Report
RFD - 1156
Attached for Council's information are the following reports: List of financial assets at June 30, 2019 Listing of all vendor payments issued during June 2019 Salaries and wages for June and year to date
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Actual to Budget results for each function for the year to date ending June 30, 2019.
RES 209-07-23-19 MOVED BY Councillor Mitchell that Council for Yellowhead County accepts the June 30, 2019 Financial Report for information purposes. CARRIED UNANIMOUSLY
8 GENERAL ADMINISTRATION
8.1 Follow Up Action List
RES 210-07-23-19 MOVED BY Councillor Williams that Council for Yellowhead County accepts the Follow Up Action List as presented for information purposes. CARRIED UNANIMOUSLY
8.2 Capital Projects Status List
RES 211-07-23-19 MOVED BY Councillor Mitchell that Council for Yellowhead County accept the July 23, 2019 Capital Project Status List as presented for information purposes. CARRIED UNANIMOUSLY
8.3 Council Schedule
RES 212-07-23-19 MOVED BY Councillor Giezen that Council for Yellowhead County accept the Council Schedule as presented for information purposes. CARRIED UNANIMOUSLY
8.4 Council Information Package
RES 213-07-23-19 MOVED BY Councillor Williams that Council for Yellowhead County accept the Council Information Package for July 18, 2019 previously submitted for information purposes. CARRIED UNANIMOUSLY
9 MAYOR AND COUNCILLOR REPORTS
9.1 Mayor and Councillor Reports
RES 214-07-23-19 MOVED BY Councillor Mitchell that Council for Yellowhead County accept the Mayor and Councillor Reports submitted at the July 23, 2019 Governance and Priorities Meeting by Mayor Soroka, Councillor Cherniawsky, Councillor Giezen, Councillor Russell, Councillor Berry, Councillor Williams, Councillor Mitchell, and Councillor Olson for information purposes. CARRIED UNANIMOUSLY
10 CLOSED SESSION
11 ADJOURNMENT
11.1 Adjournment of Council Meeting
RES 215-07-23-19 MOVED BY Councillor Berry that Council for Yellowhead County adjourn the July 23, 2019 Council Meeting at 11:04 am. CARRIED UNANIMOUSLY
Gerald Soroka, Mayor
Jack Ramme, Chief Administrative Officer
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Page 9 of 59 Yellowhead County Council Request for Decision
Date Presented: August 13, 2019 Item Number: RFD - 1177
SUBJECT Intermunicipal Collaboration Framework Agreement with Edson
ISSUE Council consideration of first, first and second or all three readings of Bylaw 13.19 - Intermunicipal Collaboration Framework Agreement with the Town of Edson
BACKGROUND Section 708.28 of the Municipal Government Act (MGA) requires municipalities that have a common boundaries to create an ICF framework within two years of the coming into force of the section. As such, these agreements must be complete and adopted by April 2020.
The Administrations of both municipalities have jointly drafted the attached agreement for Council's review and consideration.
In accordance with Section 708.33(1) of the MGA, ICF's must be adopted by matching Bylaws of each partnering municipality.
Significant changes to the first draft of the Agreement are Section C-3 in which the town wishes to have their entire council on the committee as opposed to the original structure of mayor and two councillors. As any recommendations from the Committee are consensus driven and must be sent back to the respective council's for ratification, Yellowhead County council opted to keep its membership small as a committee of 16 members may be more challenging to manage positive, consensus based outcomes.
It is not anticipated that Edson will request any further changes to the agreement, however it may be prudent that if Council is comfortable with the Agreement to only give Bylaw 13.19 first reading at this time and bring the Bylaw back at the August 27th meeting for second and third reading.
REPORT/DOCUMENT Attached
FINANCIAL N/A
OPTIONS 1. Provide three readings to Bylaw 13.19 - This option approves the ICF Agreement with the Town of Edson. 2. Provide first and or first and second reading of Bylaw 13.19. This option puts the agreement on the record and allows for further amendments prior to final reading should the Town request additional changes. 3. Other direction as deemed prudent by Council
RECOMMENDATION
Submitted by Jack Ramme, CAO
Page 10 of 59 J/YellowheadCounty BYLAWNO.13.19
BEINGA BYLAWOF YELLOWHEADCOUNTY, IN THEPROVINCEOFALBERTA, FOR THEPURPOSEOFADOPTINGAN INTERMUNICIPALCOLLABORATION FRAMEWORKBETWEENTHETOWN OF EDSONAND YELLOWHEADCOUNTY
WHEREAS, the Municipal Government Act, RSA 2000, Chapter MA26 authorizes Council to work collaboratively with neighbouring municipalities to ensure the efficient provision of municipal services for all residents; AND
WHEREAS,the Town of Edson and Yellowhead County have worked collaboratively on the preparation of an intermunicipal collaboration framework between both municipalities; AND
WHEREAS,the Council of Yellowhead County deems it desirable and appropriate to adopt the Town of Edson and Yellowhead County intermunicipal Collaboration Framework.
NOW THEREFORE,the Councilfor Yellowhead County, duly assembled, hereby enacts as follows:
1) That ”|ntermunicipal Collaboration Framework Between the Town of Edson and Yellowhead County”, attached and forming part of Bylaw 1319, is hereby adopted.
2) That Bylaw 13.19 shall come into force and effect upon third reading by Council and shall remain in force until repealed or amended.
READa first time this Day of A.D., 2019.
READa second time this Day of A.D., 2019.
READa third time this Day of A.D., 2019.
SIGNEDthis Day of A.D., 2019.
Mayor, Gerald Soroka
Chief Administrative Officer, Jack Ramme
Page 11 of 59 Intermunicipal Collaboration Framework
Between
Yellowhead County
and the
Town of Edson
Page 12 of 59 WHEREAS, Yellowhead County and the Town of Edson share a common border; and
WHEREAS, Yellowhead County and the Town of Edson share common interests and are desirous of working together to provide servicesto their ratepayers; and
WHEREAS, the Municipal Government Act stipulates that municipalitiesthat have a common boundary must create a framework with each other that identi?es the services provided by each municipality and the funding arrangements for these services.
NOW THEREFORE, by mutual covenant of the parties hereto it is agreed as follows:
A. DEFINITIONS
1) In this Agreement a) “Services” means those services that both parties provide to their respective residents/communities and which includes: i) Transportation ii) Water and Wastewater iii) Solid Waste iv) Emergency Services V) Recreation b) “Capital Costs” means new facilities, expansions to existing facilities and intensi?cation of use of existing facilities’; c) “Parties” means Yellowhead County and the Town of Edson; d) “Year” means the calendar year beginning on January 15‘and ending on December 315‘.
B. TERM AND REVIEW
1) In accordance with the Municipal Government Act, this is a permanent Agreement and shall come into force on the passing of the bylaws by both Parties.
2) This Agreement may be amended by mutual consent of both Parties unless speci?ed otherwise in this Agreement.
3) It is agreed that Yellowhead County and the Town of Edson shall meet at least once every ?ve years commencing no later than 2024 to review the terms and conditions of the Agreement.
C. INTERMUNICIPAL COOPERATION
1) Yellowhead County and the Town of Edson agree to create a recommending body known as the lntermunicipal Committee (hereinafter referredto as the Committee).
2) The Committee will meet on an as required basis and will develop consensus based recommendations to the Municipal Councils on all matters of strategic direction and
Page 13 of 59 cooperation affecting County and Town residents, except matters where other current operating structures and mechanisms are operating successfully. The topics to be discussed will include:
a) Long—termstrategic growth plans for Yellowhead County and the Town of Edson as may be reflected in the Intermunicipal Development Plan, Municipal Development Plans, Area Structure Plans and other strategic studies. b) Intermunicipal and regional transportation issues including Transportation and Utility Corridors and truck routes. c) Prompt circulationof major land use, subdivision and development proposals in either municipality which may impact the other municipality; and d) The discussion of intermunicipal or multi-jurisdictional issues in lieu of a regional planning system.
3) The Committee shall consist of ten members, being the Mayor and two Councillors from Yellowhead County, and the Mayor and six Councillors from the Town of Edson. A quorum of the committee shall be six members; the Mayors and two Councillors from each municipality.
4) The Chief Administrative Of?cers will be advisory staff to the Committee, responsible to develop agendas and recommendations on all matters, and for forwarding all recommendations from the Committee to their respective Councils.
D. INTERMUNICIPAL DEVELOPMENT PLAN
1) The Parties have adopted an Intermunicipal Development Plan (IDP), by Bylaw, in accordance with the Municipal Government Act. The IDP Bylaw No. for the Town of Edson is 2200 and for Yellowhead County is 03.17.
2) The IDP Bylaw will be reviewed a minimum of every live years, at the request of one or both Parties, or in conjunction with the review of the IntermunicipalCollaborative Framework.
E. MUNICIPAL SERVICES
3) Yellowhead County and the Town of Edson have agreed that the best and most efficient way to provide services to residents is to continue to provide the services through the various arrangements that each Municipality currently has with their respective neighbours.
4) Yellowhead County and the Town of Edson have agreed that each Municipality will provide the following services for their residents independently: 0 Yellowhead County o Agricultural Services 0 Animal Control 0 Bylaw Enforcement
Page 14 of 59 Campgrounds Communications Community Peace Officers Cultural Services Emergency Services Information Technology Municipal Administration Policing Services Purchasing/Procurement Services Recreation Rural Road Maintenance Transportation Water and Wastewater Solid Waste
0 Town of Edson Animal Control Bylaw Enforcernent/ Community Peace Officers Campgrounds Communications Cultural Services Emergency Services Information Technology Municipal Administration Policing Services Purchasing/Procurernent Services Recreation Road Maintenance Transportation Water and Wastewater Solid Waste Cemetery Economic Development
5) Yellowhead County and the Town of Edson have a history of working collaboratively together with agreements in place to provide services to their residents. Where agreements have lapsed, the Committee may desire to review and renew agreements:
0 Animal Pound: O The Parties have an existing agreement in place for the operation and funding of the Animal Pound. The Town of Edson is the lead Municipality. The funding for the Animal Pound is provided by shared municipal contributions as specified by the agreement.
OOOOOOOOOOOOOOOOO OOOOOOOOOOOOOO
Page 15 of 59 Airport The Parties have an agreement in place for the operation and funding of the Municipal Airport located within Town boundaries. The Town of Edson is the lead municipality. The funding for the Airport is provided by shared municipal contributionsas specified by the agreement.
Call/Dispatch Centre 0 The Parties, with additional partners, have an agreement in place for the operation and funding of the Call/Dispatch Centre. Yellowhead County is the lead municipality. The funding for the Call/Dispatch Centre is provided by shared municipal contributions as specified by the agreement.
Communication Tower Use & Radio & Pager System 0 The Parties have an agreement in place where Yellowhead County licenses and provides access to the Communications Towers to the Town of Edson for the Radio & Pager System. Yellowhead County is the lead municipality. The funding for the licensing and access is specified within the agreement.
Emergency Mutual Aid 0 The Parties, with additional partners, have an agreement in place to aid in the event of emergencies. As a mutual aid agreement there is no managing partner. Cost sharing is done on a location basis with the municipality responsible for the emergency paying the costs.
FCSS The Town of Edson is a partner in an agreement with the Province for the provision of Edson Family and Community Support Services (FCSS) one of several hundred programs operated within the province and which operates within Alberta Children’s Services via the provincial FCSS Act and Regulations. Edson FCSS is a shared service for the residents of the Town and the surrounding region of the County. The Town of Edson is the lead municipality. The Town of Edson and Yellowhead County have an agreement in place which outlines the funding amounts provided by the County for the Edson FCSS program, as well as, the region within the County that the program services. Yellowhead County operates their own FCSS programs in partnership with the Province, for the otherregions of the County.
Page 16 of 59 Recreation (Leisure Centre/Red Brick/Galloway Museum) 0 The Parties have an existing agreement in place for the operation and funding of the Recreational Facilities. O The Town of Edson is the lead Municipality. O The funding for the Recreational Facilities is provided by shared municipal contributions as speci?ed by the agreement.
Revenue Sharing O The Town and County have a Revenue SharingAgreement (RSA) where the County provides funds to the Town, which are calculated based on a formula outlined in the RSA. This agreement is based on the County’s recognition and commitment to the sustainability of the communities contained within its’ boundariesand to a high quality of life within the County; and the Town’s understandingthat the RSA was put forward by the County as a Voluntaryand good will initiative.
Waste Management/Recycling O The Parties have an existing agreement in place for the operation and funding of Waste Management and Recycling Services within the Town of Edson. The Town of Edson is the lead Municipality. The funding for the Waste Management and Recycling Services is provided by shared municipal contributions as speci?ed by the agreement. Yellowhead County operates their own Waste Management and Recycling Services for the other regions of the County.
YCE Fire training Grounds O The Parties have an existing agreement in place for the development and construction of the Yellowhead County Emergency Training Grounds Yellowhead County is the lead municipality. Funding for the YCE Centre is providedby shared municipal contributionsas specified by the agreement.
YCE Centre (Development and Construction) 0 The Parties have entered into a Memorandum of Understanding for the design, construction, and operation of a new Recreational Multiplex Facility, as well as the demolitionof the Town’s current Leisure Centre. The Parties are joint partners in this Project and the duties/responsibilities are as outlined in the MOU. Funding for this project is provided by shared municipal contributionsas specified by the MOU.
O O O
Page 17 of 59 6) Yellowhead County and the Town of Edson utilize partnerships or third-partyservice providers to provide municipal services to its residents, with the following services being provided directly or indirectly to their ratepayers: Assessment Services: Audit Services: 0 Legal Services: 0 Library Services: o Yellowhead County and the Town of Edson,jointly with several other municipalities are members of a regional library system to provide Library services. Yellowhead County and the Town of Edson are both part of the Yellowhead RegionalLibrary System.
I Social and Seniors Housing: 0 Yellowhead County and the Town of Edson,jointly with several other municipalities are members of the Evergreens Foundation which independently provides for both SocialHousing needs and Seniors Lodges and apartments.
F. FUTURE PROJECTS & AGREEMENTS
1) In the event that either Yellowhead County or the Town of Edson initiates the development of a new Capital Cost that may require a new cost-sharing agreement, the initiating Municipalities Chief Administrative Officer will notify the other Municipalities Chief Administrative Officer.
2) Once either municipality has received written notice of a new project, an Intermunicipal Committee meeting must be held within 30 calendar days of the date the written notice was received, unless both Chief Administrative Of?cers agree otherwise.
3) The Intermunicipal Committee will be the forum used to address and develop future cost sharing agreements. In the event that the IntermunicipalCommittee is unable to reach an agreement, the dispute shall be dealt with through the procedure outlined within Section G of this document.
4) Future projects or initiatives to be explored by the Committee are included in Appendix “A” of this Agreement. This list may be updated from time to time as agreed to by the Intermunicipal Committee.
G. INDEMNITY
1) Yellowhead County shall indemnify and hold harmless the Town of Edson, its employees and agents from any and all claims, actions and costs whatsoever that may arise directly or indirectly out of any act or omission of Yellowhead County, its employees or agents in the performance of this Agreement.
Page 18 of 59 2) The Town of Edson shall indemnify and hold harmless YellowheadCounty, its employees and agents from any and all claims, actions and costs whatsoever that may arise directly or indirectly out of any act or omission of the Town of Edson, its employees or agents in the performance of this Agreement.
H. DISPUTE RESOLUTION
1) Yellowhead County and the Town of Edson commit to resolving any disputes in a non-adversarial, informal and cost—effectivemanner.
2) Both parties shall make all reasonable efforts to resolve all disputes by negotiation and agree to provide, without prejudice, open and timely disclosure of relevant facts, information and documents to facilitate negotiations.
3) Any dispute arising out of the implementation of this Agreement will firstly be addressed by the administrations of both Parties. Where a dispute cannot be resolved to the satisfaction of both Parties after thirty (30) calendardays, the dispute will be referred to the lntermunicipal Committee.
4) In the event the lntermunicipal Committee is unable to resolve an issue within thirty (30) calendar days, the Parties will seek the assistance of a mediator acceptable to both Parties. The costs of mediation shall be shared equally between the Parties.
5) In the event of a dispute that cannot be resolved through the steps outlined above, the dispute may be referred to a single arbitrator mutually acceptable to both Parties. Failing mutual agreement, either party may apply to a Judge of the Court of Queen’s Bench of Alberta to appoint an arbitrator whose decision shall be ?nal and binding upon both Parties. The Arbitration Act ofAlberta in force from time to time shall apply to arbitration proceedings commenced pursuant to this Agreement. The costs of arbitration shall be shared equally between the Parties.
6) For all development, subdivision or planning matters, lntermunicipal disputes shall follow agreed to processes outlined in the Yellowhead County/Town of Edson lntermunicipal Development Plan and the Municipal Government Act. In situations where the lntermunicipal Development Plan is in con?ict with the Municipal Government Act as it pertains to lntermunicipal disputes, provisions in the Municipal Government Act shall prevail.
Page 19 of 59 I. CORRESPONDENCE
1) Written notice under this Agreement shall be addressed as follows:
a. In the case of Yellowhead County to:
Yellowhead County c/0 Chief Administrative Officer
2716 — 1 Ave Edson, AB T7ElN9
b. In the case of Town of Edson to:
Town of Edson c/0 Chief Administrative Officer 605-50 Street P.O. Box 6300 Edson, AB T7E IT7
Page 20 of 59 APPENDIX “A”
1. Vision Park
Page 21 of 59 Yellowhead County Council Request for Decision
Date Presented: August 13, 2019 Item Number: RFD - 1166
SUBJECT Municipal Historic Resource Designation - Spanach Residence
ISSUE The Heritage Advisory Board and administration present the application for Municipal Historic Resource Designation on the Spanach Residence in Mercoal for review and approval.
BACKGROUND A completed application for Municipal Historic Resource Designation has been received from George and Robert Spanach, leaseholders of Area "8", Plan 1721549, which includes the Spanach Residence in Mercoal. The home was built in 1941 by prominent business man Robert Spanach, and was the primary residence for his wife, Amelia, and their family until the mine closed down in 1959. Amelia, who was also prominent in the community in her own right, and an advocate for the preservation of the former Mercoal town site, kept the home intact for the Spanach family. IT continues to be used in this capacity as a seasonal residence today.
The application includes: a statement of significance of the historic resource, including a description of the historic place and a listing of the character defining elements of the building; a statement of integrity, which assesses whether the historic resource retains the seven aspects of Integrity; historic photos of the resource; current photos of the exterior and interior of the building; and, a current copy of the title.
The application was approved by the Heritage Advisory Board during their regular meeting on August 31st, 2016, with the recommendation to Council for Designation subject to the creation of the lease title.
With approval of this application by Council, a motion for a Notice of Intention would need to be made as per the requirements under Section 26 of the Historical Resources Act, and as outlined in Section 8 or our Municipal Heritage Management Plan. This Notice of Intention to designate the property is sent by Council to the property owner with a 60-day waiting period, wherein the property owner has time to deliberate the designation. After the 60-days, and with the deliberation complete, Council may then pass a bylaw declaring the site a Municipal Historic Resource pursuant to the Historic Resources Act.
For more information on the Municipal Heritage Designation Process, please see the attached excerpt from the Yellowhead County Municipal Heritage Management Plan.
REPORT/DOCUMENT Attached
FINANCIAL With the approval of the Municipal Historic Resource Designation for the Spanach Residence, there would be no financial implications or obligations to Yellowhead County, as the owners of the leasehold interest have signed a waiver of compensation
Page 22 of 59 form (see attached) and all financial incentives within the Heritage Management Plan are recommendations only, at the discretion of Yellowhead County Council to adopt or expand upon as they see fit.
OPTIONS 1. Approve the application for Municipal Historic Resource Designation on the Spanach Residence and proceed with a motion for a Notice of Intention. 2. Make a recommendation for amendments to the Municipal Historic Resource Designation application on the Spanach Residence and do not proceed with a motion for a Notice of Intention. 3. Other direction as provided by Council.
RECOMMENDATION
Submitted by Jenny Seibel, Heritage Coordinator
Page 23 of 59 S -1^&.;'4-"t /\ ,"- #-sb3!, '-'. l'allou'hcad n{*uutt YE LLCIWI{ EAD CSUNTY M UNICIPAL F{ ENITAGf MATdAS E[\4 ENT PI.AN
AUTHORIZATIONS -i ,*ri-iI i*ii*f ;A;'i#ie i-3F lixirg?i. i{:&du ['r.'ra {* i: {t ('^ | l-*L 5>rH/,-ile h fi ( l/we authorize (r-', t't' l, ,t <' * : f i.; N f i'l ['-'-" { 4 i {A,J t L'h "-?,,,!.,,,,;'r.:,., r,,;,,r at,/.tt, ) (nuntc aj tar:,;Lfatro,t u!ttilciit:t{.i ta t!{i, iite ci:{rl;tiia:.,i:1i
to act as agent and sign the application form submitted to the Municipality of Yellowhead County on my/our behalf for the property known as q- I - i \ ? A N R C h K,.-: , "lc,-'C c' / ( Signaturg$) of registered-owng(s); Date: tt 1iy' ,4 7 / / [, /',/-'., t' -/ --r':t -//j 7: i t ' /"rlt' /nF'y /f Signatirre(s) of Signing Officer(s) of Corporation: Corporate Seal{s), if applicable:
ia t' c; l 5'rI fi i: il] #'* I'{ l- ft '1, &fi rA f il 3trs f ,UT
As of the date of this application, I am the registered owner of the lands described in the application. I have examined the contents of the application, certify that the information submitted with it is correct insofar as I have knowledge of these facts, and concur with the submission of the application. I acknowledge that the lands described in the application may be subject to applicable laws, regulations, and guidelines including, but not limited to, the Yellowhead County Land Use Bylaw. I agree to comply with all provisions of the Yellowhead County Land Use Bylaw and any other applicable legislation, if this application is approved.
Signature(s) of regist6ied owner(s): Date: 1,'Vt ily A 7///, J . '" t z.
-*-€ /ll /i'--E-.--a??/ ,tT/,-.. l-1y'/^ - t; ;-}r IL-esi,qTF,*?],
l, fi t'ei t, (] e -C, y' i:l rf,r f? zl [. , solemnly declare that the statements made by me upon this apptication are to the best of my belief and knowledge a true and complete representation of the purpose and intent of this application. Date: nlt -/ XZ /t 7
Page 24 of 59 NameorHeritaseResource: S f flNl A Cll ReS trl e JC e streetAddresst (yiez caAL, nB.
LesarDescription:Lot(s)1unitNo.,lf45-+t- tL- ilS BlockNo.: ?L;fAO ptan(Lro)No.: I O 0l Land Use Districr L 6f { ,? ln nt f t S S3
*NameorResisteredowner(s): G e D y g L rntJ' RoL 5 fn ;{ACH streetAddress, 15 DRfn_e By Koo/- il city: EdnailTai province: AB. postatcode: /ST Sl/2 rerephoneNo,: fi ebyse- : 750* llg- Slbi Emait: g S(friAch * g marl. cayl1 RoB : )60'q6,1 -8111 pspp^]nc-AoSvtArl ,car? *A copy of the Title may be required to be submitted with the opplicotion. Name of Appllcant/Agent (if different than owner): Street Address: crty: Province: Postal Code: Telephone No.: Email: FOR OFFICE USE ONLY Applhation No.: Filc No.: Received Bg Personal informotion is being collected under the duthority of the Municipal Government Act for the purpose of processing this t{lunicipal Heritoge Resource Designation Application' This information is protected under the privocy provisions of the Freedom of lnformation dnd Protection of Privacy Act. lf you hove any guestions obout the collection of this lnformation, contoct the Director of Community Services ot (78O) 723-4800, Yellowheod County, 2776 - I Avenue, Edson, AB, TIE lNg, Page 25 of 59 Spanach Residence Historic Site # 036843 Description of Historic Place The Spanach Residence is located approximately 16 km southwest of the Hamlet of Robb in the former mining town of Mercoal. The residence is on the south side of Mercoal Creek, and features views to the north of the former Coal Mine site. Heritage Value The Spanach Residence is located approximately 16 km southwest of the Hamlet of Robb in the former mining town of Mercoal. The residence is on the south side of Mercoal Creek, and features views to the north of the former Coal Mine site. The Heritage value of the Spanach Residence comes from its association with the Spanach family who built the home and were influential in the building of the community of Mercoal. Robert (Bob) Spanach was a Yugoslavian who came to Canada at the age of 27 in 1928. He worked in the Coal Mines of Mountain Park, Luscar, and Kaydee before he started his own lumber business in the latter. As coal mining in the area expanded, so did his lumber business and he moved the business to Steeper, one mile south of Mercoal. Amelia Pankovich was a Yugoslavian who came to Canada in 1931 with her mother to join their father in Mercoal. Amelia met Bob Spanach when she was not yet 16 and they were married shortly thereafter in August of 1941. Bob expanded his lumber business to the surrounding coal branch mines, opened the Mercoal café, a 12 room boarding house, a theatre, a gas station, and Mercoal Motors – a General Motors dealership. Amelia and Bob had 2 surviving children, George and Diane. In 1949 an accident at the mill in Steeper took Bob’s life. As Bob didn’t have a will, his assets were seized by the public trustee for his two children. Given Amelia was a young woman (23), she faced difficulty in finding lenders or people who would work with her, as few believed in her ability to effectively run Bob’s former interests. Undeterred, Amelia secured a loan from a family friend and borrowed money to purchase her children’s shares from the estate. Amelia, with help from her office manager Steven, was able to surmount the obstacles and continue the multiple businesses until the Mine closed down in 1959. Amelia then moved to Edmonton and started a construction company, where once again she faced obstacles given her age and gender. In 1976, Amelia removed herself from the business. Her son George, started his own business in 1977, retiring in 2007. The house in Mercoal remains under the ownership of the Spanach family (currently registered to Rob Spanach (son) and George Spanach) and is used as a seasonal cottage for friends and family. 84 Yellowhead County HERITAGE INVENTORY Page 26 of 59 Spanach Residence Historic Site # 036843 The residence also has significance as one of the few remaining structures in the formerTown of Mercoal, as once the mine closed in 1959, many of the buildings were destroyed or moved to other communities to continue their useful life. Character Defining Elements • Location overlooking Mercoal Creek • One and a half storey, wood framed building which features a partial above ground level basement and side entrance • Hipped gable roof • Original wood frame windows which includes: double hung, 6 over 6 windows on sides of home; double hung 2 over 2 windows located under the hip gable at either end of home; 2 large windows with double hung vertical 2 over 2 sidelights on south side of home; various 2 over 2 fixed windows; double hung 4 beside 4 window along backside of home, etc. • Original wood trim and sills • Original brick chimney • Original wood side entrance door, single leaf with shaped panel and window Sources George Spanach. Personal Communication, January 2016. Ross, T. Oh! The Coal Branch. Friesen and Sons: Calgary, AB. 1974 Bachusky, Johnnie. Ghost Town Stories - Abandoned Dreams in the Shadows of the Canadian Rockies. N.p.: Heritage House, April 21, 2009. Print. Yellowhead County HERITAGE INVENTORY 85 Page 27 of 59 Spanach Residence Lot 7, Plan T1353 Statement of Integrity Common Name Spanach Residence Civic Address Lot 7, Plan T1353 Name and Contact of Registered Owner Yellowhead County (owner); Robbie Spanach (Lessee) Description of Historic Place The Spanach Residence is located approximately 16 km southwest of the Hamlet of Robb in the former mining town of Mercoal. The residence is on the south side of Mercoal Creek, and features views to the north of the former Coal Mine site. Excluded Type (Yes/No) NO Applicable Significance Criteria B) Person Period of Significance 1941- 1959 Character Defining Elements • Location overlooking Mercoal Creek • One and a half storey, wood framed building which features a partial above ground level basement and side entrance • Hipped gable roof • Original wood frame windows which includes: double hung, 6 over 6 windows on sides of home; double hung 2 over 2 windows located under the hip gable at either end of home; 2 large windows with double hung vertical 2 over 2 sidelights on south side of home; various 2 over 2 fixed windows; double hung 4 beside 4 window along backside of home, etc. • Original wood trim and sills • Original brick chimney • Original wood side entrance door, single leaf with shaped panel and window 86 Yellowhead County HERITAGE INVENTORY Page 28 of 59 Spanach Residence Lot 7, Plan T1353 Statement of Integrity Chronology of Alterations Since the mine was closed in 1959, the building has been converted to a seasonal home. While the layout and design elements have remained the same, the exterior has been upgraded to modern materials to ease maintenance. The roofing and siding have been replaced and the paint on the windows and exterior buildings has been maintained. Aspects of Integrity Location (YES) The Spanach Residence resides in its original location Design (YES) The Spanach Residence retains its original form. Environment (YES) The Spanach residence retains its association with the Mercoal landscape. Materials (YES) The Spanach residence retains sufficient original materials, including the original exterior windows and doors. Workmanship (YES) The maintenance and conservation of the building’s design elements and original materials are sufficient to convey the original workmanship. Feeling (YES) The Spanach Residence is able to convey its association with the Spanach family and their role in the development of the community of Mercoal. Association (YES) The Spanach Residence provides a direct link to the historic community of Mercoal. Statement of Integrity The Spanach Residence retains sufficient aspects of integrity in order to convey its historical significance. Yellowhead County HERITAGE INVENTORY 87 Page 29 of 59 Spanach House c. 1950’s Spanach Home c. late 1970’s Page 30 of 59 Southeast facing elevation: Original hipped gable roof; Original front steps; Original windows, doors and trim; Original brick chimney; Original siding and shingles under newer materials. Northeast facing elevation: One and a half storey, wood framed building; Original concrete basement that is partially above ground; Hipped gable roof; Original windows, doors and trim. Northwest facing elevation: Original concrete basement that is partially above ground with side entrance; Original windows and trim. Southeast facing elevation: Original hipped gable roof; Original windows, doors and trim; Original brick chimney; Original siding and shingles under newer materials. Page 31 of 59 Original upper kitchen cabinets (top) of painted Original cook stove (formerly located in the wood with original hardware. southeast corner of the kitchen on south side of chimney). Original hardwood, interior doors and trim in Original Donnacona board interior wall finishing living room. in front bedroom. Enclosed Verandah off the front room with Original front window in Verandah to front original interior finishes (flooring, wall finish, bedroom. trim) and door to exterior. Page 32 of 59 Original radiator in front room. Page 33 of 59 LAND TITLE CERTIFICATE S LINC SHORT LEGAL TITLE NUMBER 0037 576 494 1124894;1;1 172 118 414 LEGAL DESCRIPTION DESCRIPTIVE PLAN 1124894 BLOCK 1 LOT 1 CONTAINING 74.31 HECTARES (183.62 ACRES) MORE OR LESS EXCEPTING THEREOUT: HECTARES (ACRES) MORE OR LESS A) PLAN 1721548 ROAD 3.39 8.38 EXCEPTING THEREOUT ALL MINES AND MINERALS ATS REFERENCE: 5;22;48;23;NE ATS REFERENCE: 5;22;48;24;NW yrs REFERENCE:5,-22;4e,-25;sw ATS REFERENCE: 5;22;4B;26;SE ESTATE: FEE SIMPLE MUNICIPALITY: YELLOWHEAD COUNTY REFERENCE NUMBER:122 022 915 REGISTERED 0WNER(S) REGISTRATION DATE(DMY) DOCUMNT TYPE VALUE CONSIDERATION 172 118 414 15/05/2017 ROAD PLAN OWNERS YELLOWHEAD COUNTY. OF 2716-1ST AVENUE EDSON ALBERTA T7E 1N9 REGISTRATION NUMER DATE (D/M/Y) PARTICULARS 3616PF O4/O7/1967 UTILITY RIGHT OF WAY ( CONTINUED ) Page 34 of 59 ENCUMBRANCES, LIENS & INTERESTS PAGE 2 REGISTRATION # 172 113 414 NUMBER DATE (D/M/Y) PARTICULARS GRANTEE - ALTALINK MANAGEMENTLTD. 2611 - 3 AVE SE CALGARY ALBERTA T2A7W7 " AFFECTS PART OF THIS TITLE " (DATA UPDATED BY: TRANSFER OF UTILITY RIGHT or WAY 022163946) (DATA UPDATED BY: CHANGEOF ADDRESS 092057782) 122 022 902 23/01/2012 CAVEAT RE : UTILITY RIGHT OF WAY CAVEATOR - ALTALINK MANAGEMENTLTD. 2611 - 3 AVE sa CALGARY ALBERTA T2A7W7 122 022 906 23/01/2012 CAVEAT RE : UTILITY RIGHT OF WAY CAVEATOR - FORTISALBERTA INC. 320-17 AVE sw CALGARY ALBERTA T2S2V1 AGENT - JASWANT BRAR 122 022 907 23/01/2012 CAVEAT RE : UTILITY RIGHT OF WAY CAVEATOR - FORTISALBERTA INC. 320-17 AVE SW CALGARY ALBERTA T2S2V1 AGENT - JASWANT BRAR 182 249 639 04/10/2018 ORDER RE: TEMPLATE LEASE AGREENENT FOR PLAN #172 1549 132 318 901 19/12/2018 CAVEAT RE : LEASE INTEREST CAVEATOR - KATHERINE GALLANT 6833-5A AVENUE EDSON ALBERTA T7E1M4 AS TO AREA 4, PLAN 1721549 192 034 306 11/02/2019 CAVEAT RE : LEASE INTEREST CAVEATOR - MIKE PANKOVICI-I CAVEATOR - JIM PANKOVICH CAVEATOR —- DANIEL PANKOVICH ( CONTINUED ) Page 35 of 59 ENCUMBRANCES,LIENS & INTERESTS PAGE 3 REGISTRATION # 172 113 414 NUMBER DATE (D/M/Y) PARTICULARS CAVEATOR " MICHAEL PANKOVICH ALLOF : 11731 45 AVENUE NW EDMONTON ALBERTA TGHOAG AGENT-' MIKE PANKOVICH ''AS TO: AREA 2 PLAN 1721549" (DATA UPDATED BY: 192049462 ) 192 034 974 12/02/2019 CAVEAT RE : LEASE INTEREST CAVEATOR - JANICE ANN SANREGRET CAVEATOR - BRUCE DOUGLAS MCDONALD CAVEATOR - LAURIE LYNN MCDONALD ALL OF : C/0 JANICE ANN SANREGRET 356 PEARSON CRES NW EDMONTON ALBERTA T5'1‘5Y7 AGENT - JANICE ANN SANREGRET AS TO AREA 12, PLAN 1721549 192 O41 053 21/02/2019 CAVEAT RE : LEASE INTEREST CAVEATOR - DOUGLAS JAMES SMITH 175 BEDFORD DRIVE NE CALGARY ALBERTA T3K2N9 "AS TO AREA 18, PLAN 1721549" 192 044 139 25/02/2019 cAvEAT RE : LEASE INTEREST cAvEAToR - TIMOTHY PHILLIPS cAvEAToR — JENNIFER LYNNE PHILLIPS BOTH OF: BOX 1000 SPIRIT RIVER ALBERTA T01-13G0 AGENT — TIMOTHY PHILLIPS As To AREA 23, PLAN 1721549 192 044 192 25/02/2019 CAVEAT RE : LEASE INTEREST CAVEATOR - ADRIEN HARDER CAVEATOR - ADRIAN BROCKMANN CAVEATOR — SHELAGI-I HARDER ALL OF : C/O 1835-151 AVENUE EDMONTON ( CONTINUED ) Page 36 of 59 ENCUIVBRANCES, LIENS E INTERESTS PAGE 4 REGISTRATION # 172 118 414 NUMBER DATE (D/M/Y) PARTICULARS ALBERTA T5Y1W1 AGENT - ADRIEN HARDER AS TO AREA 14, PLAN 1721549 192 049 942 01/03/2019 CAVEAT RE : LEASE INTEREST CAVEATOR - JOHN SR. BRANDERHORST CAVEATOR - SHAWN KELSEY BRANDERHORST CAVEATOR - JAN WILLIAM BRANDERHORST ALL OF : 21 LANDSDOWNE DRIVE SPRUCE GROVE ALBERTA T7X3Y4 AGENT - DIANNA LYNN BRANDERHORST RE: AREA 13 ON SURVEY PLAN 1721549 192 057 027 08/03/2019 CAVEAT RE : LEASE INTEREST CAVEATOR - PATRICIA HAYNES CAVEATOR - GEOFFREY HAYNES CAVEATOR - GRETTA GRATTON ALL OF : C/O PATRICIA HAYNES, 14312 RAVINE DR EDMONTON ALBERTA T5N3M3 AGENT - PATRICIA HAYNES RE: AREA 17 ON SURVEY PLAN 1721549 192 058 618 12/03/2019 CAVEAT RE : LEASE INTEREST CAVEATOR -- DRAGANA DJTJMIC CAVEATOR - BRANISLAV DJUMIC CAVEATOR - MILAN DJUMIC ALL OF : C/O DRAGANA DJUMIC 11025-159 AVENUE EDMONTON ALBERTA T5X4V9 AGENT - DRAGANA DJUMIC AS TO: AREA 21, PLAN 1721549 (DATA UPDATED BY: 192058660 ) 192 058 722 12/03/2019 CAVEAT RE 2 LEASE INTEREST CAVEATOR - MILAN MARINKOVICH CAVEATOR - ROBERT MARINKOVICH BOTH OF: C/0 MILAN MARINKOVICH 15613-80 AVENUE ( CONTINUED ) Page 37 of 59 ENCUMBRANCES,LIENS E INTERESTS PAGE 5 REGISTRATION # 172 118 414 NUMBER DATE (D/M/Y) PARTICULARS EDMONTON ALBERTA T5R3M4 AGENT - MILAN MARINKOVICH AS TO: AREA 6, PLAN 1721549 192 058 753 12/03/2019 CAVEAT RE : LEASE INTEREST CAVEATOR - JOHN KRYWKO CAVEATOR - CHRISTA KRYWKO CAVEATOR - MICHAEL KRYWKO CAVEATOR - WARREN KRYWKO CAVEATOR - CAROL HEDSTROM ALL OF : C/O CHRISTA KRYWKO 56020 RGE RD 262 STURGEON COUNTY ALBERTA T8ROW8 AGENT - CHRISTA KRYWKO AS TO AREA 11, PLAN 1721549 192 060 909 13/03/2019 CAVEAT RE : LEAsE INTEREST CAVEATOR — MURRAY KOSTYSHYN CAVEATOR - LARA KOSTYSHYN BOTH or: c/o MURRAY KOSTYSHYN 130 MCPHERSON DRIVE HINTON ALBERTA T7V1J8 AGENT - MURRAY KOSTYSHYN AS TO: AREA 3, PLAN 1721549 192 060 920 13/03/2019 CAVEAT RE : LEASE INTEREST CAVEATOR - BRUCE VINCENT CAVEATOR - ANNE VINCENT CAVEATOR - JUDY DOBNI CAVEATOR - CHERYL MAJOR ALL OF : C/0 BRUCE VINCENT 2 ORCHARD COURT ST ALBERT ALBERTA T8N6E6 AGENT - BRUCE VINCENT AS TO: AREA 22 PLAN 1721549 192 062 259 14/03/2019 CAVEAT RE : LEASE INTEREST CAVEATOR - ROSEMARIE BORDUSH ( CONTINUED ) Page 38 of 59 ENCUMBRANCES,LIENS & INTERESTS PAGE 6 REGISTRATION # 172 118 414 NUMBER DATE (D/M/Y) PARTICULARS CAVEATOR - CHRISTA KRYWKO CAVEATOR - PETER BORDUSH CAVEATOR - ANDREW BORDUSH CAVEATOR - PAUL BORDUSH ALL OF : C/O ROSEMARIE BORDUSH 14, 54220 RANGE ROAD 250 STURGEON COUNTY ALBERTA TSTOB4 AGENT - ROSEMARIE BORDUSH AS TO: AREA 24, PLAN 1721549 192 062 281 14/03/2019 CAVEAT RE : LEASE INTEREST CAVEATOR - BERNARD MORIN CAVEATOR - DORI MORIN BOTH OF: C/O BERNARD MORIN 9342-69 A AVENUE GRANDE PRAIRIE ALBERTA TBV6T3 AGENT - BERNARD MORIN AS TO: AREA 16 PLAN 1721549 192 056 229 20/03/2019 CAVEAT RE : LEASE INTEREST CAVEATOR ~ GEORGE RADMANOVICH CAVEATOR - DIANA RADMANOVICH CAVEATOR - RANDY RADMANOVICH CAVEATOR - MICHAEL RADMANOVICH CAVEATOR ~ MARIANNE LUND ALL OF : 4219 110 STREET EDMONTON ALBERTA T6J2S9 AGENT - GEORGE RADMANOVICH AS TO AREA 7 PLAN 1721549 192 073 633 28/03/2019 CAVEAT RE : LEASE INTEREST CAVEATOR ~ CLAUDE VALLIERE CAVEATOR - MARIANNE VALLIERE CAVEATOR - RICHARD VALLIERE CAVEATOR - CLAUDE R VALLIERE CAVEATOR - DAVID VALLIERE CAVEATOR - LINDA GLIONNA CAVEATOR - CHRIS GLIONNA CAVEATOR - DEAN GLIONNA ALL OF : ( CONTINUED ) Page 39 of 59 ENCUMBRANCES,LIENS & INTERESTS PAGE 7 REGISTRATION # 172 115 414 NUMBER DATE (D/M/Y) PARTICULARS c/o CLAUDE VALLIERE 16 MOUNT ROYAL DR. ST. ALBERT ALBERTA TBNIJ4 AGENT ~ CLAUDE VALLIERE AS TO: AREA 1, PLAN 1721549 192 073 946 28/03/2019 CAVEAT RE : LEASE INTEREST CAVEATOR - GEORGE SPANACI-I CAVEATOR - ROBERT SPANACI-I BOTH OF: 11715-27 AVENUE NW EDMONTON ALBERTA T6HOA6 AGENT - GEORGE SPANACH AS TO AREA "9" PLAN 1721549 (DATA UPDATED BY: CHANGE OF ADDRESS 192074112) 192 074 041 28/03/2019 CAVEAT RE : LEASE INTEREST CAVEATOR ~ GEORGE SPANACH CAVEATOR - ROBERT SPANACH BOTH OF: 11715-27 AVE NW EDMONTON ALBERTA T61-IOAG AGENT - GEORGE SPANACH AS TO AREA "8" PLAN 1721549 TOTAL INSTRUMENTS: 024 THE REGISTRAR OF TITLES CERTIFIES THIS TO BE AN ACCURATE REPRODUCTION OF THE CERTIFICATE OF TITLE REPRESENTED HEREIN THIS 1 DAY OF APRIL, 2019 AT 08:15 A.M. ORDER NUMBER: 36960844 CUSTOLER FILE NUMBER: Planning *END OF CERTIFICATE* ( CONTINUED ) Page 40 of 59 PAGE 8 # 172 118 414 THIS ELECTRONICALLY TRANSMITTED LAND TITLES PRODUCT IS INTENDED FOR THE SOLE USE OF THE ORIGINAL PURCHASER, AND NONE OTHER, SUBJECT TO WHAT IS SET OUT IN THE PARAGRAPH BELOW. THE ABOVE PROVISIONS DO NOT PROHIBIT THE ORIGINAL PURCHASER FROM INCLUDING THIS UNMODIFIED PRODUCT IN ANY REPORT, OPINION, APPRAISAL OR OTHER ADVICE PREPARED BY THE ORIGINAL PURCHASER AS PART OF THE ORIGINAL PURCHASER APPLYING PROFESSIONAL, CONSULTING OR TECHNICAL EXPERTISE FOR THE BENEFIT OF CLIENT(S). Page 41 of 59 4&^ : rCountylellowhead YETTOWH EAD COUTIITY M UN ICIPAT HERITAGE MANA6EMENT PLAN 1 Ganrge & Robert Spanach , being the registered leaseholder/s of the Spanach Residence , located within the lease area legally described as: Area "8". Plan 172 1549 , do hereby agree to waive any claim to compensation, pursuant to Section 28[1) of the Historicol Resources Act, RSA 2000, c H-9, from the Municipality of Yellowhead County, for any decrease in economic value resulting from a bylaw, pursuant to Section 26{1) ol the Historicol Resoutces Act, RSA 2000, c H-9, designating the Spanach Residence, Area "8", Plan 172 1549 as a Municipal Historic Resource. I further agree that upon any transfer of or agreement related to the Spanach Residence, Area "8", Plan 1 72 1 549 that those parties related to such an agreement will also be subject to this waiver of compensation. ( I9 AgreedtothisZ / aavot tt / , 20 , at the Municipality of Yellowhead County. in the Province of Alberta. ure of Registered Owner File No.: MHRDI6-04 Page 42 of 59 NOTICE OF INTENTION TO DESIGNATE FORM YELLOWHEAD COUNTY MUNICIPAL HERITAGE MANAGEMENT PLAN NAME OF HERITAGE RESOURCE: AS A MUNICIPAL RESOURCE ALBERTA HISTORIC RESOURCES ACT Section 26 H.R.A., R.S.A. 1980, c.H-8, as amended To: Notice is hereby given that following at least sixty (60) days from the date of serving this Notice, on: Council Meeting Date: Municipal Council of: intends to pass a Bylaw that the site legally described as: SHORT LEGAL DESCRIPTION: Plan: Block: Lot: LONG LEGAL DESCRIPTION: Municipal Address: Excepting there out all mines and minerals, and containing the building(s), known as: located on the site to be designated a MUNICIPAL HISTORIC RESOURCE under Section 26 of the Historical Resources Act, as amended from time to time. AND TO TAKE FURTHER NOTICE THAT the Municipal Council of Yellowhead County has appointed the Chief Administrative Officer to implement matters arising from the issuance of the Notice of Intention to Designate a Municipal Historic Resource. DATED this day of , 20 . FILE No.: ATTACHMENTS: Location Map Statement of Significance Photographs Chief Administrative Officer FORWARD TO: Heritage Coordinator, Yellowhead County (Mail): 2716 - 1 Avenue, Edson, AB, T7E 1N9 | (Email): [email protected] Edson Office: (Tel): 780-723-4800 (Fax): 780-723-5066 | Wildwood Office: (Tel): 780-325-3782 (Fax): 780-325-3783 YELLOWHEAD COUNTY MUNICIPAL HERITAGE MANAGEMENT PLAN | NOTICE OF INTENTION TO DESIGNATE FORM 1 / 1 Page 43 of 59 I I I I I I I I Historic Resource I I 8. MunicipalHeritage I Designation I i I I I Designation Process De?nition I I i MunicipalHeritage Designationisthe I ofprotectinga historicresource by I process I 8.1 Purpose of Municipal Heritage Designation I wayofa MunicipalBylawregisteredon the I propertywlthLandTitles. I I Designation under the Resources Act is one tool that I Alberta Historical I Goal I communities throughout Alberta have used to protect hundreds of heritage I I properties. Properties can be designated either individually or as part of a Tolegallyprotect heritageplacesto prevent I I larger Heritage Conservation District, Inappropriateactionsthatcoulddamageor I I destroytheir heritagevalue;formally I I For Yellowhead County, designation of heritage properties provides a process recognizesigni?canthistoricplaceswithin I I to ensure the heritage attributes of a property are conserved and protected VellowheadCounti/shistory;andto provide I I over time. a gateway to ?nancialandotherincentives I Property owners, the Heritage Advisory Board, the Heritage I iorheritageproperty owners. I Coordinator and municipal staff worktogether to ensure that any future I I changes to the property respect its value. Process I I I AHeritageDesignationApplicationis I For the property owner of a historic resource, designation recognizes the I submittedto the County.Councilpassesa I significance oftheir property and assures them that future owners will respect I motionto designate,noti?esownerand, I and appreciate their investment. Designation also property I may provide after 60 clays,passesa DesignationBylaw I I owners with access to grants, loans, or tax relief to support the conservation of thatisthen registeredon the property I I the property. throughthe landTitlesOffice.it isthen I I listedon the VeliowheadCountyRegisterat I I Overall, heritage designation recognizes the importance of a property to the HistoricPlaces, Itmayalsobe on I registered I local community‘ protects the properties cultural heritage value; encourages theAlbertaRegisterofHistoricPlacesbut I I good stewardship and conservation; and promotes knowledge and thisisat the discretionofthe Municipality. I i I understanding about the property. Form location I I I I 8.2 Heritage Process Referto formsinAppendix: I Designation I I o A.9— MunicipalHistoricResource I I The designation process begins with an Application for Historic Resource DesignationForm I I Designation submitted by either the owner of the historic resource, or other I o A.1O—WaiveroiCompensationForm I parties. is I interested After the application reviewed and approved by the I Heritage Advisory Board, the board submits a recommendation for I All — Noticeoi intentionto Designate I designation I Form I to Council after which Council passes a motion to proceed, a Letter of Intention I I to Designate is sent to the property owner with a 60 days’ notice, after which I - — Bylaw A.12 Designation Form I I Council may pass a bylaw declaringthe site 2: Municipal Historic Resource I - M3 - DesignationProcessSummary I pursuant to the Historic Resources Act. The site is then placed on the I Form I Yellowhead County Register of Historic Places, and, at the discretion of the I I Municipality, can also be listed on the Alberta Register of Historic Places. a A14—-ApplicationforHeritage I I ResourceinterventionPermitForm I I I . u,;.,...i.. A Ii :- listinshn I Notira ai Reglrirztion Vllinwheid I “';”H;o‘,’{: iuimisMrs... Intenlionto mlmm o!DesignatloII cmmry I Resource . Bylaw .1 niwia I Designate ayiaw on nus Register or Dmsnmon Places I HistoricPrams {normmmyi I I I I I I I I I I I I I I I I I I I I COMMUNITV DESIGN STRATEGIESiN(. i YELLOWHEADCOUNTY HERITAGE MANAGEMENTPLAN I MARCH 2016 33 I I I I I I I I Page 44 of 59 i I I I I I I I Heritage Designation Process I The issue of I I I Compensation I I Process Procedure I I isVeliowheadCountyrequired to I The for Designation is completedby the I Municipal Historic Application compensate ownersinexchangeior I I property owner and is submitted to the Heritage municipalhistoricresourcedesignation? | Resource I AdvisoryBoardfor review and approval, I Designation - Section28oithe HistoricResources I The HeritageI 4 Board a I Application Advisory prepares Actincludesprovisionsforowner I I recommendationto Councilto designate the compensation,whichnormallyapplies I I property. whenthe economicvalueofthe I I property isnegativelyaffectedby I The municipalityand the property owner arrive at I Agreement/waivar designation.However, more oftenthe I either an agreement of compensation, or waived I of Compensation valueofthe property increases. I compensation. Note: Many owners of Municipal I I Historic Resources waive compensation because of 0 Compensationagreements are i I their eiig ilityto applyto the Alberta Historical normally to designation, I createdprior I I Resources Foundation for financialassistance to and ina mannerthat bene?tsboththe I I support approved conservation work. owner andmunicipality. I I I Councilpasses a motion to designate the property. - OwnersofdesignatedMunicipal I Notice of intention I HistoricResourceshaveaccessto I Councilsends a Notice of Intention to designate I ongoingProvincialconservation I with a 60-daywaiting period to the property owner. i fundingthroughtheAlbertaHistorical I I Councilpasses bylawto designate property as a ResourcesFoundation. I Designation Bylaw I MunicipalHistoric Resource. I 0 Theownerwilloftenvmive I property I Bylawis registered against title of assigned compensationwiththe understanding I I at the LandTitlesof?ce and served on the thatpotentialfundingisinplaceto I I propertfs registeredowner. assistwithpreservation,rehabilitation, I I orrestorationactivities. I The site is listed on the Municipal Register of | Yellowheaci I Historic Places. I TheMunicipalitymayalsoelectto I County Municipal I initiatelocalincentivesthat aremost I of Historic I Register suitableior theirlocalsituation. I I Places I 0 Thedesignationoia property is I I registeredon the land andthus I The site may be nominated for placement on the title. I Alberta Register of remainsineffectafter the property is I AlbertaRegister of Historic Placesand the Canadian I Historic Places I Register of Historic Places. sold. I I I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I COMMUNHY DESIGN Sii1A1EG|ES INC. I VELLDWHEADCOUNTY HERITAGEMANAGEMENTPLAN I MARCH2016 33 I I I i i I I I Page 45 of 59 Yellowhead County Council Request for Decision Date Presented: August 13, 2019 Item Number: RFD - 1167 SUBJECT Council Attendance/Participation on the Community Connector and Tipple Park Museum operating boards. ISSUE Council currently supports both the Community Connector Bus and the Tipple Park Museum operations, without Council input. Does Council wish to add a representative to those two Boards moving forward. BACKGROUND Our communities are well served by the hard work and dedication of many volunteer-operated groups. These groups provide the events and programs that create the fabric of rural living, helping to deliver on our mission of "Building a better community for present and future generations" and our vision of Yellowhead County being "Recognized as a place of choice for those who want to be where great things happen." In most cases, Yellowhead County does not have an annual budget allotted to these groups, as the bulk of support comes through our grant programs. Additionally, most groups operate out of their own facilities, and therefore Yellowhead County does not have a say in the programs, or property, of these groups. In some cases, however, Yellowhead County has developed partnership relationships with Community Boards for shared service delivery throughout the County. These partnerships include financial support in both capital projects and annual operations. In most cases, the partnership allows the opportunity to have Council shape and participate in those partnerships in the form of attendance and participation on these partner boards. There are, however, two cases of substantial financial commitment from Yellowhead County without corresponding participation on the boards. The Pembina Agriculture and Recreation Society (PARS) and the Yellowhead County Library Board (YCLB) are two examples where Yellowhead County contributes to, and participates on, the operating boards to mutual benefit. The two boards that currently do not have Council representation are the Royal Canadian Legion Branch 149 Wildwood who operate the Community Connector Bus out of Wildwood, and the Pembina Lobstick Historical Society who operate the Tipple Park Museum in Evansburg. REPORT/DOCUMENT No attachment required FINANCIAL Adding in these two Boards will bring nominal additional Council costs for mileage, which would be negligible for 2019 and could be absorbed in the existing budget. Thereafter this minimal expense would be added to annual budget proposals for Council deliberation. OPTIONS Options before Council include: 1. that Council move to add non-voting attendance to regular meetings of: o the Royal Canadian Legion Wildwood Branch 149 concerning the Community Connector Bus, and Page 46 of 59 o the Pembina Lobstick Historical Society concerning the Tipple Park Museum operations. 2. that Council move to add non-voting attendance to regular meetings of only one of these organizations, as Council wishes. 3. other options as described by Council. RECOMMENDATION Submitted by Christopher Read, Director of Community Services Page 47 of 59 Yellowhead County Council Request for Decision Date Presented: August 27, 2019 Item Number: RFD - 1179 SUBJECT Bylaw 14.19 To Establish a Subdivision Authority ISSUE Bylaw 14.19 Being a bylaw to establish a subdivision authority and the duties and responsibilities of same. BACKGROUND The subdivision authority for the County has previously been established and authorized under Bylaw 36.07 however some of the terms within Bylaw 36.07 are now obsolete and an updated bylaw is required. Bylaw 36.07, which was adopted in 2007, makes reference to the staff positions that have authority to fulfill duties under the bylaw however the name of some of those positions have changed over the years and are no longer applicable. Accordingly Administration has drafted a new bylaw that only makes reference to the duties of the Chief Administrative Officer and their delegate. The Chief Administrative Officer can delegate their duties and such an appointment is made in writing and maintained by the County. There are no other changes to the content of Bylaw 36.07 contained in the new Bylaw 14.19. Upon adoption of Bylaw 14.19 Bylaw 36.07 will be repealed. REPORT/DOCUMENT Attached FINANCIAL None. OPTIONS 1. That Council for Yellowhead County provide first, second and third reading of Bylaw 14.19 Being a Bylaw to Establish a Subdivision Authority. This option will provide the authority to the correct staff members who need to fulfill duties under the bylaw. 2. That Council only provide first or first and second reading of the subject bylaw. This will require either second or second and third reading to take place at a later date. 3. That Council decline to adopt Bylaw 14.19. This option will leave Bylaw 36.07 in place. RECOMMENDATION Direction as provided by Council. Submitted by Barb Lyons, Director of Corporate & Planning Services Page 48 of 59 J/ellowheadCounty BYLAW NO. 14.19 BEING A BY—LAWOF YELLOWHEAD COUNTYFOR THE PURPOSE OF ESTABLISHING A SUBDIVISION AUTHORITYAND SETTING FORTH THE DUTIES AND RESPONSIBILITIES THEREOF WHEREAS, Section 623 ofthe Municipal Government Act, Chapter M 26, RASVAI,2000, provides that a Council must by bylaw, establish a Subdivision Authority; AND WHEREAS, the Council of Yellowhead County wishes to adopt the Subdivision Authority Bylaw on the terms and conditions hereinafter set forth; NOW THEREFORE, the Council ofYellowhead County duly assembled, enacts as follows: 1. Definitions In this Bylaw: 21) “Act” means the Municipal Government Act, R.S.A., 2000, Chapter M—26, and amendments thereto; b) “Applicant” means any person who has appliedfor a subdivision approval; 0) “Authority” means the Subdivision Authority of Yellowhead County established pursuant to this Bylaw; cl) “Chief Administrative Officer” means the employee appointed as Chief Administrative Officer. e) All other terms used in this Bylaw shall have the meaningassigned to them by the Act to the extent that the said meaning differs ?om the ordinary meaning of such terms. Page 49 of 59 ./1:‘-1: )2?Inmim../ [Hunt] Establish Subdivision Authority Page 2/3 Bylaw No. l4. 19 2. Subdivision Authority 8) The Council ofYellowhead County (excluding those Councillorswho are appointed to the Subdivision and Development Appeal Board) or the Chief Administrative Officer are appointedthe Subdivision Authority for the County. Functions and Duties of the Authority a) The Subdivision Authority shall exercise subdivision powers and duties on behalf of Yellowhead County, in accordance \vith Part 17 of the Act. b) The Chief Administrative Officer shall act as a Subdivision Authority for simple and straightforward subdivision application approvals and, mandatorysubdivision application refusals only as prescribed and de?ned by County policiesand bylaws, in respect of lands within the boundaries ofYellowhead County. Applicationsshall be referred to Yellowhead County Council for decision as Subdivision Authority, at the request ofthe applicant or ifthree (3) or more letters ofconcern have been received from the adjacent landowners regarding the proposed subdivision. In addition, the Chief Administrative Officer reserves the right to refer any application to Yellowhead County Council for decision as Subdivision Authority, should there be questions or concerns regarding compliance with legislation, bylaws or policy, or where additional public input may be required. d) The Chief/\dministrative Officer or their delegate are herebyauthorized to sign the written decisions ofthe Subdivision Authority. The Chief Administrative Officer may delegate the powers, duties and functions ofthe Subdivision Authorityto any other person. All plans of subdivision or other instruments may be endorsed by either the Chief AdministrativeOfficer or their delegate, on behalf ofthe Subdivision Authority. Page 50 of 59 1&2 Vvllunln-ml /“minl_\ Establish Subdivision Authority Page 3/3 Bylaw No. 14.19 4. Repeal a) Bylaw No. 3607 is hereby repealed. This bylaw comes into force at the beginning ofthe day that it is passedin accordance with Section l89 ofthe MunicipalGovernment Act, R.S.A., 2000. READ a first time this day of ,A.D., 2019. READ a second time this day of ,AD., 20l9. READ a third time this day of ,A.D., 2019. Mayor, Gerald Soroka Chief Administrative Officer, Jack Ramme Page 51 of 59 Yellowhead County Council Request for Decision Date Presented: August 13, 2019 Item Number: RFD - 1180 SUBJECT Reserve Bids for 2019 Property Tax Auction ISSUE In accordance with the Municipal Government Act (MGA) the municipality must offer for sale at a public auction any parcel of land shown on its tax arrears list if the tax arrears are not paid. BACKGROUND As per MGA Section 419(a) Council must set, for each parcel of land to be offered for sale at a public auction, a reserve bid that is as close as reasonably possible to the market value of the parcel. Administration has retained the services of the County independent assessor, Accurate Assessment Group (AAG), to provide the reserve bid amounts as per the MGA guidelines. In developing the reserve bid amounts AAG has compared sales of similar properties in the same area. Listed below are the properties on the 2018 tax notification listing that still have tax arrears outstanding at the time of writing this report. Any person can pay all outstanding tax amounts, with verified funds, at any time up to the time of the public auction and accordingly the property would be removed from the tax sale. Roll# Legal description Reserve bid 028817 NE 20-53-9 W5 $190,000 029217 SE 26-53-10 W5 $125,000 032173 749CL 2 11,12 $30,000 032176 749CL 2 19 $25,000 032452 3895KS 6 9 $20,000 301999 1225ET 1 3 $32,000 304937 9223702 ; ;4 $245,000 306415 8120712 1 12 $100,000 308427 0729526 3 1 $650,000 308629 0840370 1 1 $145,000 In addition to setting the reserve bids Council must, as per MGA Section 419(b), establish any conditions that apply to the sale. The applicable conditions are: 1. The successful bidders must provide a deposit in verified funds in the amount of 10% of the sale price by close of business on October 30, 2019. 2. The balance of the sale price is to be paid in full in verified funds by close of business on November 1, 2019. 3. All sales are subject to GST. 4. All sales are subject to the approval of Council. REPORT/DOCUMENT No attachment required FINANCIAL Should any property sell, at a minimum of the reserve bid price, then all outstanding taxes and any allowable costs as per the MGA will be collected from the proceeds. Any remaining funds will then be distributed to the previous owner as Page 52 of 59 long as all conditions of the MGA have been met. The County does not retain the sale funds as revenue and should the requirements of the MGA not be fulfilled by the previous owner then all funds are placed in trust until such time as the conditions have been met. OPTIONS 1. That Council for Yellowhead County adopt the reserve bids and sale conditions as presented for the 2019 property tax auction. This option will establish the reserve bids and conditions as per the MGA requirements. 2. That Council for Yellowhead County propose alternate reserve bids. This option will require Administration to determine if the reserve bids meet the requirements of the MGA. 3. Other direction as provided by Council RECOMMENDATION That Council determine the reserve bids amounts and conditions for the land shown on the tax arrears list for the purposes of the 2019 tax recovery public auction Submitted by Barb Lyons, Director of Corporate & Planning Services Page 53 of 59 Yellowhead County Council Request for Decision Date Presented: August 13, 2019 Item Number: RFD - 1181 SUBJECT 2019 Property Tax Auction ISSUE To set a date to offer for sale at a public auction any parcel of land shown on the tax arrears list. BACKGROUND In March of 2018 all properties that had tax arrears for a period of two years were placed on a tax notification listing. At that time all parties with an interest registered on the title and the property owner received notification that if all arrears were not paid the property would go up for tax sale at a public auction. It is proposed that the Property Tax Auction take place on October 30, 2019 at 10am local time to be held at the Edson Administration Building with the Director of Corporate & Planning Services to act as the auctioneer. According to the Municipal Government Act (MGA) Sections 418 to 421 the public auction must be held no sooner than April 1, 2019 and no later than March 31, 2020, and certain conditions must be met. They are as follows: 1. The municipality must offer for sale at a public auction any land shown on its tax arrears list. (October 30, 2019 at 10:00 a.m.). 2. The municipality must advertise the auction. The advertisement must contain the date, time and location of the auction, a description of each parcel of land in the auction, any terms and conditions of the sale and it must state that the municipality, after the public auction, may become the owner of the land if not sold at the auction. 3. The municipality must advertise the public auction in one issue of the Alberta Gazette not less than 40 days and not more than 90 days before the auction. (September 14 issue). 4. The auction must be advertised in one issue of a newspaper having general circulation in the municipality not less than 10 days and not more than 20 days before the auction. (October 14 and 21, 2019). 5. No less than four weeks before the auction the municipality must send the owner of each parcel, and any other party with an interest registered on the title of each parcel to be sold at the auction, a copy of the advertisement that appeared in the Gazette. (To be mailed September 20, 2019). 6. The Council must establish a reserve bid price before it can auction a property. (August 13, 2019) REPORT/DOCUMENT No attachment required FINANCIAL No costs are incurred in holding the auction. OPTIONS 1. That Council for Yellowhead County set the 2019 Property Tax Auction date as October 30, 2019 to commence at 10am local time at the Edson Administration Building. This option allows compliance with the requirements of the MGA. 2. That Council for Yellowhead County select any other date up to March 31, 2020 for the 2019 Property Tax Auction. This option would allow the County to meet the requirements of the MGA however due to the strict timeline for advertising the new timeline will require verification and the date would be brought back to a future Council meeting for adoption. 3. Other direction as provided by Council. RECOMMENDATION Page 54 of 59 That Council for Yellowhead County determine the date, time and location of the 2019 Property Tax Auction. Submitted by Barb Lyons, Director of Corporate & Planning Services Page 55 of 59 Follow Up Action List FUAL - August 13, 2019 Meeting Date Topic Action Assigned Status Evansburg Water/Sewer Local Going to Tender in November 2019 2019-02-12 Jack Ramme Pending Improvement Bridge File 71221 Culvert Replacement Council rejected all tenders, re-tender for 2020 2019-04-09 Don O'Quinn Pending and Other Work 2019-04-23 YCFD Training Grounds Council rejected all tenders, change design and retender Albert Bahri Pending 2019-05-14 Bylaw 09.19 -Hinton IDP 2nd & 3rd Reading July 23, 2019 Brent Shepherd Complete 2019-07-16 Entwistle Hub Change Room Draft Letter to Parkland County Jack Ramme Complete 2019-07-16 Yellowhead Ag Society New Facility meeting with Town of Edson to discuss August 27, 2019 Jack Ramme Pending 2019-07-23 Brule Community Hall Award tender Christopher Read Pending 2019-07-23 Edson / Wolf Creek Grader Beat Award tender Don O'Quinn Complete 2019-07-23 Shiningbank Grader Beat Award tender Don O'Quinn Complete Page 56 of 59 August 2019 SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Council Schedule Council Meeting (tentative Hinton Meeting) 18 19 20 21 22 23 24 Yellowhead County 2716 1st Avenue Edson, Alberta T7E 1N9 Governance Council and Public Priorities Engage- Phone: 780-723-4800 ment Fax: 780-723-5066 25 26 27 28 29 30 31 Wop May Council Meeting Page 57 of 59 September 2019 SUN MON TUE WED THU FRI SAT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Council Meeting 15 16 17 18 19 20 21 Council Schedule Governance and Priorities 22 23 24 25 26 27 28 Yellowhead County 2716 1st Avenue Edson, Alberta T7E 1N9 Council STRATEGIC PLANNING Meeting Phone: 780-723-4800 Fax: 780-723-5066 29 30 Page 58 of 59 Council Information Package 08-Aug-19 Name of Article Author Received Letter Regarding Mountain Park Road Raymond Huot 29-Jul-19 2018-19 Central-Foothills Regional MPB Summary Report Central & Foothills MPB Planning 7-Aug-19 Regions Smart Cities Challenge - Thank you letter Kelly Gillis 29-Jul-19 Athabasca Watershed Council - Annual Report Janet Pomeroy 19-Jul-26 Page 59 of 59