2005.12.12 Regular Council Meeting
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AN AGENDA FOR A REGULAR MEETING OF THE COUNCIL OF THE TOWN OF INNISFAIL SCHEDULED FOR MONDAY, DECEMBER 12, 2005 COMMENCING AT 7:00 P.M. IN THE COUNCIL CHAMBERS. IN ATTENDANCE: MAYOR KEN GRAHAM COUNCILORS PATT CHURCHILL, JASON HEISTAD, GARY MACDONALD, DEREK BAIRD, TRACEY WALKER, DONSHYGERA C.A.O. DALE MATHER C.F.O. BARBARA SCOTT DIR. OF OPR. TIM AINSCOUGH DEV. OFFICER ELWIN WIENS ABSENT: ADOPT AGENDA: AND T=H,.,-A,..,T""T=H-:-:E::-A.,--G=-:E=-:N-:-:D,-,A,..,F""O""R-=TH-E___,.,R__,EG-:-ULAR-M.....,E"'""E-::-T-IN-=G-0=-F-C.,....O-U-N-C.,-I-L....,.S....,.C-H-ED-U,--L-E-D-- FOR MONDAY, DECEMBER 12, 2005 BE ADOPTED AS PRESENTED I AMENDED. CARRIED UNANIMOUSLY ADOPT MINUTES: ~,..,.,=-:-:-:~~==~~~~~.AND=--~~~~~~.......,....~.,........,.~..,.,...,,.,-.,- THAT THE MINUTES OF THE PREVIOUS REGULAR MEETING HELD ON MONDAY, NOVEMBER 28, 2005 BE ADOPTED AS PRESENTED I AMENDED. CARRIED UNANIMOUSLY DELEGATION- CORRY BROKS FROM AL TERRA ENGINEERING THE MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE TOWN OF INNISFAIL HELD ON MONDAY, NOVEMBER 28, 2005 COMMENCING AT 7:00P.M. IN THE TOWN OFFICE. IN ATTENDANCE: MAYOR: KEN GRAHAM COUNCILORS: DON SHYGERA, TRACEY WALKER, DEREK BAIRD, PATT CHURCHILL, C.A.O.: DALE MATHER C.F.O.: BARBARA SCOTT DJR. OF OPER: TIM AINSCOUGH DEV. OFFICER: ELWIN WIENS ABSENT: GARY MACDONALD JASON HEISTAD ADOPT AGENDA: SHYGERA & BAIRD TIIAT THE AGENDA FOR THE REGULAR MEETING SCHEDULED FOR NOVEMBER 28, 2005 BE ADOPTED AS PRESENTED. CARRIED UNANIMOUSLY ADOPT MINUTES: CHURCHILL & BAIRD TIIAT THE MINUTES OF THE PREVIOUS MEETING HELD ON MONDAY, NOVEMBER 14, 2005 BE ADOPTED AS PRESENTED. CARRIED UNANIMOUSLY BYLAW# 1439: SHYGERA & CHURCHILL THAT BYLAW # 1439 OF THE TOWN OF INNISFAIL, IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE OF CLOSING TO THE PUBLIC TRAVEL AND DISPOSING OF PORTIONS OF A PUBLIC IDGHWA YIN ACCORDANCE WITH SECTION 22 OF THE MUNICIPAL GOVERNMENT ACT, CHAPTER M-26-1 REVISED STATUTES OF ALBERTA, 2004 AMENDED BE READ A FIRST TIME IN OPEN COUNCIL TillS 28m DAY OF NOVEMBER 2005. CARRIED UNANIMOUSLY F.C.S.S. MINUTES: COUNCILOR SHYGERA REPORTED ON THE MINUTES OF TI-IEINNISFAILFAMILY & COMMUNITY SUPPORT SERVICES BOARD MEETING HELD WEDNESDAY, NOVEMBER 16, 2005. BUSINESS ARISING: C.A.V.A.S. SHYGERA & WALKER THAT COUNCIL RATIFY ALLOCATION OF $3,800.00 TO C.A.V.A.S. FOR VOLUNTEER TRAINING AND RECOGNITION. CARRIED UNANIMOUSLY BOARD SHYGERA & CHURCHILL- TIIAT COUNCIL APPROVE APPOINTMENTS: REAPPOINTMENTS OF FLOYD WACKER AND TERESA AINSCOUGH FOR A TWO YEAR TERM. CARRIED UNANIMOUSLY SAFETY CODES - LETTER FROM SAFETY CODES COUNCIL REGARDING FIRE ACCREDITATION: AMENDED FIRE ACCREDITATION WAS PRESENTED FOR INFORMATION. SAFETY AUDIT TOWN OF INNISF AIL 2005 SAFETY AUDIT RESULTS WERE RESULTS: PRESENTED FOR INFORMATION. PAGE2 WATERSHED PACKAGE FROM RED DEER RIVER W ATERSI-lliD ALLIANCE: ALLIANCE WAS PRESENTED FOR INFORMATION. CHURCHILL & BAIRD- TIIAT ADMINISTRATION PREPARE A LETTER FOR TilE MAYOR'S SIGNATURE TO FORWARD TO RELEVANT MINISTERS OF ENVIRONMENT TO SUPPORT RATIONALE 1, 2 & 6 OF MANAGEMENT PLAN RECOMMENDATIONS. CARRIED UNANIMOUSLY DEVELOPMENT MINUTES FROM TI-lli DEVELOPMENT SERVICES SERVICES COMMITTEE MEETING HELD NOVEMBER 2I, 2005 WERE COMMITTEE: PRESENTED FOR INFORMATION. D.A.B. MINUTES: MINUTES OF Tim DEVELOPMENT APPEAL BOARD HEARING HELD NOVEMBER 3, 2005 WERE PRESENTED FOR INFORMATION. LEGISLATIVE MINUTES FROM TI-lE GENERAL GOVERNMENT SERVICES LEGISLATIVE SERVICES COMMITTEE MEETING HELD MINUTES: NOVEMBER 21, 2005 WERE PRESENTED FOR INFORMATION. CHURCHILL & WALKER-THAT COUNCIL APPROVE RECOMMENDATIONS OF THE COMMITTEE FOR A 3.5% COST OF LIVING INCREASE FOR STAFF FOR 2006 AND FURTHER TIIAT COUNCIL PURCHASE TURKEYS AGAIN FOR FULL TIME STAFF. CARRIED UNANIMOUSLY WORK SCHEDULE: COMPLETED WORK SCHEDULE FROM NOVEMBER 14, 2005 WAS PRESENTED FOR INFORMATION. MONTHLY BANK MONTHLY BANK STATEMENT FOR OCTOBER 2005 WAS RECONCILIATION: PRESENTED FOR INFORMATION. A.M.S.C. ALARIE LETTER FROM ALBERTA MUNICIPAL SERVICES UPDATE: CORPORATION REGARDING ALARIE UPDATE FOR AUDITORS WAS PRESENTED FOR INFORMATION. "CONTACT" CONTACT NEWSLETTERS FROM NOVEMBER 10 & 18, 2005 WERE PRESENTED FOR INFORMATION. IN CAMERA: CHURCHILL & WALKER- THAT TilE REGULAR MEETING OF COUNCIL RECESS AND MOVE 'IN CAMERA'. CARRIED UNANIMOUSLY TIME: 7:25P.M. RECONVENE: CHURCHILL & BAIRD-THAT TilE REGULAR MEETING OF COUNCIL RECONVENE. CARRIED UNANIMOUSLY TIME: 7:46P.M. ADJOURN: WALKER & SHYGERA- TIIAT TilE REGULAR COUNCIL MEETING BE ADJOURNED. CARRIED UNANIMOUSLY. TIME: 7:47P.M. MAYOR CHIEF FINANCIAL OFFICER GENERAL GOVERNMENT LEGISLATIVE SERVICES COMMITTEE COUNCILOR- PATT CHURCHILL 1. ACCOUNTS 2. LETTER FROM KELLY HALSETH REQUESTING TAX PENALTY FORGIVENESS -FOR CONSIDERATION. 3. PACKAGE FROM ALBERTA MUNICIPAL AFFAIRS REGARDING 2006 EQUALIZED ASSESSMENT- AVAILABLE. 4. PACKAGE FROM ALBERTA MUNICIPAL AFFAIRS REGARDING ANNUAL AUDIT RATIO STUDY REPORT- AVAILABLE. 5. LETTER REGARDING HERITAGE HUNTING AND FISHING PROTECTION ACT FOR INFORMATION. 6. COMPLETED WORK SCHEDULE FROM NOVEMBER 28, 2005 -FOR INFORMATION. 7. CONTACT NEWSLETTER FROM NOVEMBER 25,2005- FOR INFORMATION. 8. PACKAGE FROM ALBERTA MINISTER OF GOVERNMENT SERVICES REGARDING THE ALBERTA CONSUMER CHAMPION AWARDS -AVAILABLE. 9. PACKAGE FROM FCM REGARDING SUSTAINABLE COMMUNITY AWARDS - AVAILABLE. November 28 111 , 2005 Town Oflnnisfail 4943-53 Street Innisfail, Alberta T4G 1A1 RE: Property Tax Penalty Owner# 9085 Dear Sir or Madam: I am writing to respond to a property tax penalty that was assessed to me in January 2005. During subsequent discussions with staff at the town office I was advised to write a letter outlining my concerns. In the fall of2004 I received a property tax statement that explained that the next penalty would be assessed on January 1, 2005 if my property taxes had not been received in full by that time. I dropped off a cheque for the full amount of my property taxes on December 31, 2005 in the drop box at the Town Office. A penalty of $165.86 was still applied to my account because my payment was late. Upon speaking to staff at the Town Office I have come to understand that the office was not open on January 151 2"d or 3'·d and that my payment would not have been 'received' 1 or processed until Tuesday January 4 ". My bank can contlrm that my cheque cleared my account on Wednesday 11 January 5 '. The issue at hand is that the Town oflnnisfail cannot enforce a penalty when the payment was late due to a delay in processing my payment. Had a staff member been at the office until midnight on December 31" or even Erst thing on the morning of January 1, they would have been able to contlrm that my payment was, in fact, delivered on time. However, due to a lack of formal process, there is no evidence of when my payment was received. Other organizations have formal processes in place for just such instances. Income tax returns are due by midnight on April 30. Each year, Canada Post ofilces remain open until exactly midnight, stamping all those tax returns as received on time. Then the Canadian Revenue and Customs Agency can 'process' them as time permits, with conildence that they can clearly identify the timely returns fi·om the late ones. In doing so they can also appropriately apply penalties to those returns which they can be certain are late. It is just such process that is lacking in your property tax penalty procedure. If the deadline is the end of business on the day noted, then the statement should state that and the town might want to revisit its penalty dates, since January 1''may not be a good day to have staff on hand. Alternatively if the deadline is the end of day previous, it should also state that, else residents may assume, as I did, that a midnight deadline applied. I just received another prope1ty tax statement where the penalty appears to have been been reduced fi·om $165.86 to $65.86, although the balance reflects the full penalty. (?) That notwithstanding, it also identities that should I not 1 pay the balance in full by Janumy 1' , another penalty of 12% will be levied. Will the Town oflnnisfail will have a staff person at the town of!lce until midnight December 31 ' 1 to receive rny payment? In conclusion, it would appear that the Town of Innis fail is attempting to levy an unenforceable penalty on my property tax account. I would kindly request that the penalty of$165.86 be reversed at your earliest convenience, and most preferably, before Janumy 1, 2006, when the next penalty is to be applied. I am available to discuss this matter in greater detail, should you wish to do so. Sincerely, .21564/ Cell598.2891/ Pager 358.7353 Encl. 4943 - 53 STREET TOWN INNISFAIL, ALBERTA T4G 1A1 OF TELEPHONE (403) 227-3376 FAX 227-4045 INNISFAIL T···{E;Oi'~ ~- :::;TE1-)E & H~~L.t:.ETH ~ f-~E:LL. 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UN PF:E !=-~t..rn-·lDF:IZE:Li Ti::-t>:: f'{:·!·,{;·-iEt·--~T F'Li:\i"'-~ ~- 4943 -53 STREET TOWN INNISFAIL, ALBERTA T4G 1A1 TELEPHONE (403) 227-3376 OF FAX 227-4045 INNISFAIL ·:::· j ( :f'.