Town of Hinton REGULAR MEETING OF COUNCIL AGENDA Tuesday, December 2, 2014 - 5:00 PM Council Chambers, Hinton Government Centre 2nd Floor, 131 Civic Centre Road Hinton, Alberta
TOWN COUNCIL MISSION Council serves the interests of our citizens to enable our community to reach full potential. Page ORDER
1. Call to Order
ADOPTION OF AGENDA
1. Regular Council Agenda - December 2, 2014
CITIZENS "MINUTE WITH COUNCIL"
1. DELEGATIONS AND PRESENTATIONS
3 - 10 1. Appeal of Notice Under Bylaw 1009-1 - Presented by Dan and Charlotte Sedgwick
COUNCIL MINUTES FOR ADOPTION
11 - 13 1. Regular Meeting of Council Minutes - November 18, 2014
ACTION ITEMS
14 - 16 1. RFD for Appeal Ticket - Presented by Ryan Alice
17 - 37 2. Tour of Alberta - Presented by Kimberley Worthington
38 - 39 3. Appointment to Yellowhead Regional Library Board and the Community Engagement & Accountability Committee (CEAC) - Presented by Rhonda West
40 - 42 4. Recreation Centre Stat Openings - Presented by Christopher Read and Hans van Klaveren
43 5. Recommendation from Standing Committee Meeting - Presented by Mike Schwirtz
Page 1 of 55 Town of Hinton Regular Meeting of Council AGENDA December 2, 2014 Council Chambers
44 - 47 6. Request for Property Tax Reimbursement - Presented by Denise Parent
48 - 53 7. Request to Cancel Property Tax Penalties - Presented by Denise Parent
INFORMATION ITEMS
54 1. Council Information Package #1 - previously circulated November 19, 2014
55 2. Council Information Package #2 - previously circulated November 26, 2014
REPORTS FROM MAYOR, COUNCIL, TOWN MANAGER
1. Council Reporting (Training/Conferences/CEAC, Listening Teams, All Other Committees)
2. Town Manager Report
MOVE IN CAMERA
1. Land Matter (FOIP)
2. Meeting Debrief (FOIP)
ADJOURNMENT
1. Call for Adjournment of Meeting
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Page 10 of 55 TOWN OF HINTON REGULAR COUNCIL MEETING MINUTES November 18, 2014
PRESENT: Deputy Mayor Stuart Taylor, Councillors Dale Currie, Ryan Maguhn, Marcel Michaels, Glen Barrow
ABSENT: Mayor Rob Mackin, Councillor Matthew Young
SECRETARY: Lil Wallace - Executive Assistant ALSO PRESENT: Mike Schwirtz - Interim Town Manager Denise Parent - Director of Corporate Services ______ORDER In the absence of Mayor Rob Mackin, Deputy Mayor Stuart Taylor called the Regular Council meeting to order. The time was 5:01 p.m.
ADOPTION OF AGENDA R. MAGUHN - That the agenda of the Regular Council Meeting held November 18, 2014 be adopted as presented. Carried
CITIZENS "MINUTE WITH COUNCIL" Lynda Jonson, President of the Resident Care Foundation, whose group organizes the annual Festival of Trees, invited council to come to Parks West Mall to view this year’s trees. She also passed along thanks to the business community that has made the last 10 years a success. The money raised goes to things such as hospital beds and oxygen concentrators. On Thursday, Mrs. Santa will be at Parks West Mall, decorating cookies with children and members of the adult day program. Bring a donation to Santa’s Anonymous and the Food Bank. Mrs. Jonson indicated that since this is the 10th anniversary of the festival, they will hold a night of celebration on Friday, November 21, 2014 commencing with mocktails and appetizers at 7:00 pm. There will be live music until 11 pm. She encouraged people to bid on the trees and hopes to see council there.
DELEGATIONS AND PRESENTATIONS There were no delegations or presentations.
COUNCIL MINUTES FOR ADOPTION G. BARROW - That the Minutes listed above be approved as presented.
Carried
Initial Page 11 of 55 Town of Hinton DRAFT Regular Meeting of Council Minutes— November 18, 2014 P a g e | 2
ACTION ITEMS Refer to the Regular Council Meeting Agenda package for November 18, 2014 for detailed background information on these decisions.
1. Green Square Enhancements R. MAGUHN - That Council approve a budget of $10,000.00 to proceed with programming expenses as set out in Option 2 with funds to come from the community events fund.
Carried
M. MICHAELS – That Administration actively seek donations and any donations received be included in the cost of $10,000.00 and that Administration report back to Council in April, 2015 on the success of the project. Carried
2. Waste Reduction Study S. TAYLOR - That Council accept this report for information pending the outcome of the analysis of Take It or Leave It options and options for processing our current recycling stream more effectively.
?Carried
INFORMATION ITEMS 1. Council Information Package #1 - previously circulated November 5, 2014 2. Council Information Package #2 - previously circulated November 12, 2014
Councillor Taylor enquired about the federal gas tax funding (council information package #2). Administration advised that this is not a new program but a renewed agreement. The Town of Hinton received $523,890 in 2014. Administration reviews eligible capital projects and applies for the funds.
Councillor Taylor also enquired about council action pending list item “MD-1045 Development Deposit/Inspections” (council information package #2). Administration has been working on it but it is a slow process. Some people have moved, some do not complete the work so they choose to leave the funds, and some people forget they have deposits. The onus is on the person to report back to the Town that the work has been done and is finished. Administration will then inspect to ensure the work has been completed as per the permit issued. A report is coming back to council in January or February of 2015.
D. CURRIE - That Council Information Packages #1 and # 2 be accepted for information.
Carried
REPORTS FROM MAYOR, COUNCIL, TOWN MANAGER 1. Council Reporting (Training/Conferences/CEAC, Listening Teams, All Other Committees)
Initial Page 12 of 55 Town of Hinton DRAFT Regular Meeting of Council Minutes— November 18, 2014 P a g e | 3
Councillors reported on the various committees, meetings and activities they attended since the last Regular Council meeting and what they plan on attending in the coming weeks.
Councillor Taylor advised council that Councillor Young had requested to be removed from the Community Futures West Yellowhead Committee because of his workload. The Mayor asked Councillor Taylor to replace Councillor Young.
G. BARROW - That Councillor Stuart Taylor replace Councillor Matthew Young as Council representation to the Community Futures West Yellowhead committee. Carried
2. Town Manager Report Town Manager Mike Schwirtz provided an update on administrative matters.
MOVE IN CAMERA M. MICHAELS - That the Regular Council meeting move in camera. Carried
The time was 5:58 p.m.
R. MAGUHN - That Regular Council meeting revert to regular session. Carried The time was 6:24 p.m.
ADJOURNMENT M. MICHAELS - That the Regular Meeting of Council adjourn. Carried
The time was 6:25 p.m.
Deputy Mayor
Director of Corporate Services
Initial Page 13 of 55 TOWN OF HINTON REQUEST FOR DECISION
DATE: November 27, 2014.
TO: REGULAR MEETING OF COUNCIL OF DECEMBER 2, 2014.
FROM: Ryan Alice, Community Peace Officer.
REVIEWED BY: Mark Wyatt, Fire Rescue & Bylaw Services Manager and Laura Howarth, Director of Community & Protective Services
APPROVED BY: Mike Schwirtz, Town Manager
RE: Appeal to Council of Issued Fine to Mr. Daniel Sedgwick
Recommendation:
That Council uphold municipal ticket #2361 issued to Mr. Daniel Sedgwick on November 20, 2014 and support the charge as laid.
Concluding Statement
It is important to ensure the health and safety of our residents and as such the Town of Hinton uses such bylaws as our Nuisance Bylaw #1009 to do so by prohibiting any nuisance action to be permitted. With reference to this matter before Council, S.4.05(h) of Bylaw 1009 prohibits the spread of smoke from any burning fire which may cause a nuisance to any other person.
Conformance of recommendation to existing laws and Hinton Council plans
Conforms with: Yes/No/ Comments Partial Municipal and Provincial Yes Municipal Government Act S.7 a council may pass bylaws Laws for municipal purposes respecting the following matters:
(a) The safety, health and welfare of people and the protection of people and property; (b) People, activities and things in, on or near a public place or place that is open to the public;
Charges laid support S.4.05(h) of Nuisance bylaw #1009.
Community Sustainability Yes Wellness: Develop a safe and healthy community that Plan promotes positive, constructive lifestyle choices.
Governance: Ensure local governments and authorities are responsive to the needs of the community.
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Council’s Strategic Plan Yes The safety and social well being through support and care of its residents.
Long Term Capital Plan or N/A Adopted budget Other Plans or Policies N/A
Background / Introduction
This item is before Council to request a decision be made regarding the request of Mr. Sedgwick to appeal a fine in the amount of $150.00 issued on November 20, 2014. On this date at approximately 3:00 pm Peace Officer Alice was requested to attend 559 Mountain St. by the complainants who advised that for the previous 15 minutes smoke from the Sedgwick’s wood burning appliance was surrounding their residence, causing strong odour inside the residence and a smoke filled atmosphere in the rear and side yards. Peace Officer Alice arrived and met with the complainants. Upon investigating the inside of the complainants’ residence it was found that the rear portion of the residence had a strong odour of smoke. Peace Officer Alice then went into the rear yard of the residence and at this time observed for a further 15 minutes of smoke from the Sedgwick’s chimney flowing down into the complainants’ yard and hitting the west wall of the residence. This continued with little break in between for the entire period observed. Peace Officer Alice noted that winds were strong and coming out of the West and temperatures were around 5C. After observing the event for the stated time period, Peace Officer Alice attended the Sedgwick residence at 555 Mountain St. and spoke with Mr. Sedgwick. At this time Mr. Sedgwick stated that he and his wife had left the house for a period of 3-4 hours to do errands and what had happened, in his opinion, was that the fire was left to burn down, causing darker and heavier smoke conditions to be present. This, combined with the weather conditions, created the nuisance smoke. Peace Officer Alice determined that these facts were supportive of the charge as laid.
Previous reports and complaints on this matter have been filed with Bylaw Services and Council is aware of the actions taken to date. Bylaw Services has worked with the subject on several occasions in a pro-active manner to improve his burning practices, and these efforts have been successful. However, in this incident, the negligence of the subject in leaving the fire unattended for an extended period of time caused the nuisance.
Options
Option #1: Support the charge as laid.
Option #2: Support the appeal of the charge and have it withdrawn.
Option #3: Defer the decision to another date.
Option #4: Instruct Bylaw Services to lay the charge via Summons and have the matter heard by the courts.
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Administration Assessment of Options and Conclusion
1. Supporting the charge as laid would require Mr. Sedgwick to make payment of the fine or continue with a not guilty plea by not paying the fine. By not paying the fine within the specified period Bylaw Services would then be required to issue a Summons to Court, allowing Mr. Sedgwick to plead his case in a Court of Law before a Justice. 2. Supporting Mr. Sedgwick’s appeal would have Bylaw Services withdraw the charge. This would show the Town does not believe Mr. Sedgwick to be guilty of an offence as charged on this particular date. This does not prevent future actions being taken as each event is considered a separate incident or offence. 3. By deferring the decision to another date this would allow Council to review the matter more closely with more time and/or direct Administration to provide further input, information or other as Council may seem fit. 4. Instructing Bylaw Services to lay the charge via Summons would remove Council from the appeal process, directing the matter to the courts to be heard. Municipal matters heard by the Courts put the requirement on the municipality to prosecute the offence, incurring the costs of an attorney to handle the prosecution of the offence. The Crown will not prosecute these matters.
Town Manager Comments
It appears that due process has been followed as per the Bylaw. I support Administration’s recommendation.
Page 16 of 55 TOWN OF HINTON REQUEST FOR DECISION
DATE: November 27, 2014
TO: REGULAR MEETING OF COUNCIL OF December 2, 2014
FROM: Kimberley Worthington, Economic Development and Housing Manager
REVIEWED AND APPROVED BY: Mike Schwirtz, Town Manager
RE: Tour of Alberta
Recommendation: That the funding request of $150,000 relating to the purchase of the rights for Hinton to host the Stage II finish festival of the 2015 Tour of Alberta be denied.
Concluding Statement Tour of Alberta has requested that the Town of Hinton purchase the rights to the Stage II finish festival ($150,000) for the 2015 race. This is an incredible opportunity to highlight the Hinton Advantage both locally and globally, but it will require too large of an amount of unbudgeted money and resources.
Conformance of recommendation to existing laws and Hinton Council plans
Conforms with: Yes/No/ Comments Partial Municipal and Provincial Yes There are no municipal or provincial laws stating that Laws municipalities cannot support sporting events and festivals. Community Sustainability Yes 1.1.4 Expand celebrations and festivals that bring the Plan community together and attract visitors to Hinton. Possible event themes: language/culture, heritage/history and recreation. 3.10.9 Build on volunteerism as a vehicle to engage citizens and strengthen the community. 4.14.11 Develop the Hinton community as a regional hub for bicycling 5.21.1 Design and implement standards that incorporate pedestrian and cyclists routes (e.g. bike lanes and bicycle friendly corridors) into trails, parks, and roadways Council’s Strategic Plan Yes Foster and support community initiatives to develop outdoor recreation Strengthen civic pride/community spirit Long Term Capital Plan or No Funding is not in the Long Term Capital Plan and is Adopted budget not in the 2014 adopted budget. It could be allocated in the 2015 budget.
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Background / Introduction Council directed Administration to explore funding options such as corporate sponsorship/county support and report to council on the findings. Those findings are as follows:
County and other municipality commitments: Yellowhead County defeated the motion to support the towns of Hinton and Edson, in partnership, with an $84,000 contribution. Town of Grande Cache (Stage II Start festival) formally approved $20,000 contingent upon MD Greenview formally approving funding of $80,000 for the event (Stage II Start festival). MD Greenview formally approved $80,000 and entered into an agreement to support and host Stage II start festival with Grande Cache. Contingent upon Parks Canada approval and other partners coming to the table, the Town of Jasper has committed up to $60,000 for a Stage III start and finish festival. Town of Edson’s commitment was contingent upon Yellowhead County support for the event.
Local Support Hinton and District Chamber of Commerce does not support the Tour of Alberta event (see attachment 2). An email blast requesting high level interest and potential sponsorship level to 100 plus businesses saw a negligible response.
Information from other communities who have participated in previous years: Wetaskiwin: o Community Spirit was amazing. o Return on Investment: immeasurable because it was a start festival and proximity to Red Deer for accommodations. o Struggled with sponsorships. o City employees put in a lot of resources (time and money). o Costly investment but would do again in a few years.
Devon: o 1st year growing pains (no fee to purchase the rights to host festival). o The reach of the marketing is incredible; excellent coverage that could not be afforded otherwise. o Had international visitors following the tour. o Had high caliber of people working on the event; made it better to manage. o Community loved it, brought a lot of people on board to support Bike Town brand. o Struggled with sponsorships. o Challenge managing highway road closures and signage about the race. o Would host the event again. o Felt it would be great for Hinton; many know Jasper name, would get Hinton into the limelight.
Strathcona o Excitement of being part of an International Event . International media exposure for business/sponsorship/entertainers/community o Community exposure to an event that has some of the same cyclists as “Tour de France” o Community Festival to highlight everything “cycling” o Medalist Sports (the Professional Company used to coordinate the technical side of the race) are very good to work with and know their job
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o Impact of road closures o Challenge of coordinating needs of: Medalist Sports (Technical Race), Alberta Peloton Assoc. (Big Picture Marketing) and Local Event . Not a bad thing, but ensuring you don’t get lost meeting your needs when they are directing the show o Financial commitment is more than just the hosting fee, and can be reduced by bringing local sponsors on board and varies depending on what the festival entails o Strathcona hosted both 2013 and 2014 and is willing to host again but has stepped back for 2015 to provide opportunity for other communities to enjoy the event
Tour of Alberta Is willing to work with Hinton to mitigate some challenges, as they understand the challenges Hinton and rural Alberta has in supporting the purchase rights to both start and finish festivals in the full amount. o Is actively pursuing corporate sponsors to help support this stage. o Has submitted a proposal for federal funding (Western Diversification) to help support rural stages, which would include the Hinton stage.
Options: 1. To support the Tour of Alberta request to host Stage II finish festival by formally approving budget allocation for 2015 of $150,000. 2. To support the Tour of Alberta request to host Stage II finish festival by formally approving a budget allocation for 2015 for a lesser amount (+/- $84,000). 3. That the funding request of $150,000 relating to the purchase of the rights for Hinton to host the Stage II finish festival of the 2015 Tour of Alberta be denied.
Administration Assessment of Options and Conclusion Although this event is an incredible opportunity to gain global scale exposure for Hinton and the region, it will require a vast amount of resources both financially and in time. The Tour of Alberta is an event, which is more about the exposure we would otherwise not receive as well as community spirit. Communities that have sponsored the race in previous years indicate that it was well worth the effort. In other words, they would do it again. That said capacity in the following areas is a key consideration for Hinton: Town Administration o Infrastructure Services o Marketing o Communications o Economic development o Recreation Budget RCMP Volunteer Sponsorship Accommodation
Town Manager Comments I agree with Administrations assessment of this event. This event has the potential to advance a number of community and Town plans but the cost and resource requirements are too significant. We have some very good community and regional events planned for 2015 the North American Biathlon
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Championships to name one, so our community will have a chance to shine and enjoy some international exposure.
Attachment 1. Presentation by Tour of Alberta of November 18, 2014 2. Hinton and District Chamber of Commerce letter
Page 20 of 55 Presented to Town of Hinton Page 21 of 55
November 4, 2014 1 2013 FACTS & FIGURES
Economic Impact Digital Media Total Estimated $24 million economic impact 1.4 million website views from Spectators April to September 2013
172 person years of 23+ million Facebook Edmonton Prologue employment (full time Impressions equivalent jobs) generated province wide. 60+ million Twitter impressions
Strathcona to Camrose 65 countries talking about the 3509 Hotel Room Nights – race Race Operations Only
Devon to Red Deer
Television
Strathmore to Drumheller 41 million international television viewers
Page 22 of 55 Black Diamond 180 million households reached per day in 162 countries
Okotoks to Calgary
2 2014 ECONOMIC IMPACT
REPUCOM is in the final stages of preparing the economic impact study for the 2014 Tour of Alberta. Page 23 of 55
3 2014 HOST COMMUNITIES
On Site Spectators 189,900 Total Attendance
Subway Calgary Prologue 15,000 ATB Financial Stage 1 Lethbridge 24,000 Edmonton International Airport Stage 2 Innisfail to Red Deer 38,000 Simson Maxwell Stage 3 Wetaskiwin to Edmonton Garrison 17,900 Go Auto Stage 4 Edmonton Northlands to Strathcona County 43,000 Page 24 of 55 Pomeroy Inn & Suites Stage 5 Edmonton 52,000
4 2014 HOST COMMUNITIES
Race Operations
730 kilometres of road closures
130 vehicles in the caravan
300 local and provincial police
20 motor marshals
9 host venues
3,000 volunteers
120 world-class athletes from
19 countries
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5 FESTIVAL Page 26 of 55
6 2014 BROADCAST
International viewership is still being finalized with IMG Media 161 countries Page 27 of 55
180,175,340 household reach 7 2014 MEDIA & COMMUNICATIONS
Over 1.5 million Over 60 million website views Twitter impressions Over 15,000 news articles from media Over 23 million Over 16 million outlets in 172 Facebook online media countries impressions impressions Page 28 of 55
8 2014 MARKETING COLLATERAL Page 29 of 55
9 2014 PARTNERS Page 30 of 55
10 KEY STAKEHOLDERS
Alberta Communities & Municipalities
Corporate Partners Page 31 of 55
11 2014 TEAMS Page 32 of 55
12 2014 RESULTS Page 33 of 55
13 2014 RESULTS Page 34 of 55
14 2015 PROPOSED HOST COMMUNITIES
Edson
Date Stage Start Finish Status
Wednesday, Prologue or Grande Prairie Grande Prairie Confirmed September 2 Team Time Trial Thursday, Stage 1 County of County of Confirmed September 3 Grande Prairie Grande Prairie
Friday, Stage 2 Grande Cache Hinton September 4 Saturday, Stage 3 Jasper Jasper September 5
Sunday,Page 35 of 55 Stage 4 Edson Spruce Grove September 6 Monday, Stage 5 Edmonton Edmonton Confirmed September 7
15 Duane Vienneau, Executive Director
[email protected] 587-523-0285 Page 36 of 55
16 Page 37 of 55 TOWN OF HINTON REQUEST FOR DECISION
DATE: November 13, 2014 TO: REGULAR MEETING OF COUNCIL OF DECEMBER 2, 2014 FROM: Rhonda West, Legislative & Administrative Services Coordinator REVIEWED BY: Denise Parent, Director of Corporate Services APPROVED BY: Mike Schwirtz, Town Manager
RE: Appointment to the Yellowhead Regional Library Board (YRL) and Community Engagement & Accountability Committee (CEAC)
Recommendation: YRL: 1. That HENDRIK SMIT be appointed to the Yellowhead Regional Library Board to the 2015 Organizational Meeting of Council. CEAC: 1. That Council appoint ______(based on ballot voting results) to the Community Engagement & Accountability Committee to the 2016 Organizational Meeting of Council.
Concluding Statement YRL: The Hinton community benefits by being a member of the Yellowhead Regional Library System and membership is required from the partner municipalities under the service agreement.
CEAC: Acknowledging that vacancies remain on CEAC (2), we have received a citizen application to fill one vacancy. There is a desire to fill the vacancies sooner than later to allow interested citizens time to orient and provide their input.
Conformance of recommendation to existing laws and Hinton Council plans
Conforms with: Yes/No/ Comments Partial Municipal and Provincial Yes Library Systems and Municipal Library Boards are all Laws subject to the Alberta Libraries Act, and if a municipality wishes to be part of a regional system, it must be via a service agreement that requires appointed municipal members. The Municipal Government Act provides for appointments to boards and committees. Council Procedure Bylaw #1060 – establishes that council will make citizen appointments to Boards & Committees. Community Sustainability Yes The Hinton Municipal Library provides lifelong learning Plan opportunities to address the diverse needs of the community. Committees will help to ensure implementation of CSP initiatives and support and facilitate achievement of Hinton’s goals and visions for a sustainable future. Hinton’s board structure supports the good governance pillar in the CSP.
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Council’s Strategic Plan Yes Social well-being. Provides for and encourages public engagement and collaborative and transparent communication and feedback with the community in the areas of economic strength, social well-being, environmental stewardship and community sustainability initiatives and programs. Long Term Capital Plan or N/A Adopted budget Other plans or policies Yes Library’s Plan of Service 2012-2015
Background / Introduction YRL: This item is before Council to appoint a member to the Yellowhead Regional Library Board. The Hinton Municipal Library Board recommended the appointment of board member HENDRIK SMIT at their organizational meeting on November 19, 2014.
CEAC: In addition, this item is before Council to review a citizen application to CEAC. An application has been received from a citizen interested in serving on CEAC.
Options 1. Approve the recommendation from the Hinton Municipal Library Board and make appointments to fill the vacancy on CEAC; 2. Do not approve the recommendation and seek additional candidates/changes; 3. Appoint a councillor as representative to the Yellowhead Regional Library Board.
Administration Assessment of Options and Conclusion YRL: The Town of Hinton entered into the Yellowhead Regional Library Board Master Agreement effective April 1, 2012. Claus 4.1 of the agreement states that where a municipality is a party to the agreement, it shall appoint one member to the Yellowhead Regional Library Board and may appoint an alternate. Past members to the Yellowhead Regional Library Board have been members of the Hinton Municipal Library Board. The Hinton Municipal Library Board is in favor of staying a member of the Yellowhead Regional Library System as it allows the library to provide excellent library services to the population of Hinton and area.
CEAC: A ballot will be distributed to council members for voting. The applicant must receive a majority vote (at least 4) to be appointed to the committee. The appointment would be to the 2016 Organization Meeting.
Town Manager Comments This procedure for appointment is required under Council Procedure Bylaw #1060.
Committee Comments The Hinton Municipal Library Board requests that Council appoint board member HENDRIK SMIT to the Yellowhead Regional Library Board.
Page 39 of 55 TOWN OF HINTON REQUEST FOR DECISION
DATE: November 25, 2014
TO: REGULAR MEETING OF COUNCIL OF DECEMBER 2, 2014
FROM: Hans van Klaveren, Recreation Centre Supervisor and Christopher Read, Recreation & Culture Manager
REVIEWED BY: Laura Howarth, Director of Community & Protective Services
APPROVED BY: Mike Schwirtz, Town Manager
RE: Dr. Duncan Murray Recreation Centre Opening on Statutory Holidays (MD-0959 Council Pending List)
Recommendation:
That Council supports maintaining the existing operation plan of closing the Dr. Duncan Murray Recreation Centre on all Statutory Holidays except for corporately sponsored hours on Family Day.
Concluding Statement
After diligent work through 2014, the evidence strongly supports leaving the facility closed for all Statutory Holidays with the exception of Family Day (pending continued corporate sponsorship). Attendance/Revenue/Expense assessments on the test days in 2014 supports the continuation of this previous operational decision. Given new corporate sponsorship we may open for other Statutory Holidays.
Conformance of recommendation to existing laws and Hinton Council plans
Conforms with: Yes/No/ Comments Partial Municipal & Provincial Laws Yes N/A Community Sustainability Partial Social: Plan 10 Needs of citizens realized through effective services 13 Opportunities to encourage social interactions 14 Encouraging healthy and active lifestyle Governance 21 Services support the needs through partnerships
Council’s Strategic Plan Partial Neutral – efficient and equitable use of taxpayer funds and being an employer of choice vs. providing exceptional indoor recreation options on Statutory Holidays. Long Term Capital Plan or Yes 2014 – 2016 Budget as presented does not include the Adopted budget increased costs for opening on Statutory Holidays.
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Background / Introduction
This item is before Council in response to their request MD-0959 made in December 2013 to assess the pros and cons of opening the Recreation Centre on Stat holidays. Historically, successive councils and administrations have reviewed this topic and come to the same conclusion as presented here: to remain closed on Statutory Holidays except Family Day. This was and still is based upon: o Anecdotal reports from citizens, o Attendance and cost recovery, and o Employer of choice principle: allowing more Town employees to celebrate the Stat days.
For the test days in 2014, we advertised extensively across various media platforms including Schedules, Programs, Newsletters, Newspaper ads, Posters, Road sign, Website, TV/kiosk in lobby, Info line, Email/Notify Me, and Facebook to ensure best attendance. Additionally, we did attempt (unsuccessfully) to find Sponsors for other statutory holidays through Newspaper ads, Schedules, Programs, Newsletters, and connecting with numerous businesses (by phone + email) directly with specific known contacts.
We chose the 2014 Test Days based on customer feedback and professional (historical) experience. Family day has been successful over the last few years, particularly as an event during Winter Magic Festival, and 2014 continued that success. Victoria Day and Thanksgiving are seen as the best chance for attendance as they avoid known commemorative/religious/socializing/vacation focused dates.
The results of our 2014 test days are summarized as follows: Family Day 17 Feb Sponsored by : Coldwell Banker (w/ all amenities) # patrons Revenue : $ 1,200.00 Pool 241 Costs : $ 1,830.00 Arena 96 Net cost $ 630.00 Courts 48 subsidy per patron $ 1.66 Bouldering Wall 197 582 (overall usage of our facilities, many of these were the same people using multiple amenities) TOTAL: 380 (estimated number of unique visitors this day)
Victoria Day 19 May Regular admission (no arena access ) # patrons Revenue : $ 109.75 Pool 23 Costs : $ 965.00 Arena closed Net cost $ 855.25 Courts 0 subsidy per patron $ 30.54 Bouldering Wall 5 TOTAL: 28 9 pass holders , 19 paying customers
Thanksgiving Day 13 Oct Regular admission (w/ all amenities) # patrons Revenue : $ 92.50 Pool 11 Costs : $ 1,830.00 Arena 6 Net cost $ 1,737.50 Courts 0 subsidy per patron $ 102.21 Bouldering Wall 0 TOTAL: 17 No pass holders , 19 paying customers
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Neighbouring Communities Scan reveals we are similar but not exactly the same:
Edson: Pool and Arena closes all stats except Remembrance Day and August Civic Holiday. Jasper: Pool only closes Christmas & New Years, but the arena and courts are closed most stat days. Grande Cache: only closes Christmas, New Years, & Easter, but climbing is by appointment all year.
Options
1. Status quo of the 2013 (and previous years) Stat day guideline: Remain OPEN on Family Day (pending continued corporate sponsorship) CLOSED on all other Stat holidays (unless corporate sponsorship comes forward). 2. Closed on all Stat days, including Family Day. 3. Continue to be open on specific Stat Days (like in 2014: Family day / Victoria Day / Thanksgiving). 4. Open on all Stat days with admission applied as regular.
Administration Assessment of Options and Conclusion
1. Traditionally this day the Recreation Centre is open and provides families the opportunity to spend time in a healthy and active setting. It enhances the community spirit. The cost to the community is low due to confirmed continued sponsorship. 2. This would take out the option for active recreation, mentioned in 1. This has a cost saving of about $ 600.00 (net cost after subtracting sponsor revenue from total costs). 3. Minimal cost option with minimal attendance, with associated inequitable use of taxpayer funds and impact on employees. 4. A high cost option with minimal attendance, with associated inequitable use of taxpayer funds and impact on employees.
Town Manager Comments
Providing recreation services to a community is neither a revenue positive nor revenue neutral line of business. It is taxpayer subsidized and is provided to help enhance the quality of life of our residents. The question then is whether Council is interested in increasing the subsidy to remain open on more of the Statutory Holidays each year.
Page 42 of 55 TOWN OF HINTON REPORT TO REGULAR COUNCIL
Date: November 27, 2014
TO: Regular Meeting of Council – December 2, 2014
FR: Lil Wallace
RE: ITEMS FROM RECENT STANDING COMMITTEE MEETING
The following topics and reports were reviewed thoroughly and recommendations came as a result of the Standing Committee Meeting held November 25, 2014:
1. Athabasca Riverfront Park Committee
That Council supports the concept of a riverfront park.
Lil Wallace Executive Assistant
Page 43 of 55 TOWN OF HINTON REQUEST FOR DECISION
DATE: November 20, 2014
TO: REGULAR MEETING OF COUNCIL OF DECEMBER 2, 2014
FROM: Denise Parent, Director of Corporate Services
APPROVED BY: Mike Schwirtz, Town Manager
RE: Request for Property Tax Reimbursement
Recommendation:
The Schroder’s request to have their property taxes reimbursed during the time they were living in other accommodations due to a house fire be denied.
Concluding Statement
Due to a house fire at 102 Seabolt Square, the Schroder’s have had to vacate their home for 1 year and are requesting to have their property taxes reimbursed.
Conformance of recommendation to existing laws and Hinton Council plans
Conforms with: Yes/No/ Comments Partial Section 347 (1) Cancellation, reduction, refund or Municipal and Provincial Yes Laws deferral of taxes
Community Sustainability No Plan Council’s Strategic Plan No Long Term Capital Plan No or Adopted budget
Background / Introduction
Ronald & Nina Schroder had a house fire at 102 Seabolt Square on February 12, 2013, forcing them to vacate their home until March 1, 2014.
They have requested to have their utilities and property taxes reimbursed.
Utilities The onus is on the property owner to advise the town when the water is to be shut off. Since the town had not been advised to shut off the water, the utilities continued to be invoiced and have been paid in a timely manner. Administration has agreed and recently refunded the entire amount of the utility bills from February 1, 2013 to March 1, 2014 in the amount of $723.64.
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Property taxes Property taxes are based on the assessed value of the property. From a conversation with the assessor, Mrs. Schroder is not disputing the assessed value just the fact that they were not able to live in their house for most of the year. The property taxes are up to date.
Section 347(1) of the MGA states:
If a Council considers it equitable to do so, it may, generally or with respect to a particular taxable property or business class of taxable property or business, do one or more of the following, with or without conditions: (a) Cancel or reduce tax arrears; (b) Cancel or refund all or part of a tax; (c) Defer the collection of a tax.
An email from Powers & Associates Appraisal Services dated May 20, 2014 states ”for assessment, because it did overlap into 2014, and at December 31, 2013, I inspected the property and found it to be "progressive" (still under construction and being repaired), (I had the home at 63% repaired) at that date.
But the home is not going back to being an old home at an old value, it is going forward to being a gutted and newly renovated home at a new and improved value, so the value is increasing with this renovation (when completed) and will have a higher assessed value overall. So it is 63% on a higher value (Newer materials = Newer Effective Age of the home).”
The assessed value for the 2013 taxation year was $465,000 (July 1, 2012), and for 2014 it was assessed at $477,000 (July 1, 2013). The taxes paid in 2013 were $3,484.06 and in 2014 was $3,525.22.
Options 1) Deny the request 2) Refund the property tax related to the period the owner’s were not living in their house 3) Refund a portion of the property tax.
Administration Assessment of Conclusion
Administration’s recommendation is to deny the request as all properties have an assessed value whether they are occupied or not. As per the assessors comments the house still has value and since it is being renovated the effective age of the home is newer. Refunding a portion or the full amount of the property tax could set precedence for all properties that may be in a similar situation.
Town Manager Comments As stated one very significant consideration here is the precedent. To my knowledge we have not in the past forgiven property taxes in similar circumstances. To do so now could open the Town up to some significant financial exposure in the future.
Attachments
1. Letter from Mr. & Mrs. Schroder 2. Letter from Administration – July 25, 2014
Page 45 of 55 Page 46 of 55 Page 47 of 55 TOWN OF HINTON REQUEST FOR DECISION
DATE: November 20, 2014
TO: REGULAR MEETING OF COUNCIL OF DECEMBER 2, 2014
FROM: Denise Parent, Director of Corporate Services
APPROVED BY: Mike Schwirtz, Town Manager
RE: Request to cancel property tax penalties - 350 Drinnan Way
Recommendation:
The request made Field Law on behalf of their client to cancel the property tax penalties in the amount of $42,831.31 from 2007 to April 2013 for the property located on 350 Drinnan Way be denied.
Concluding Statement
Since 2007, property taxes on this property as well as penalties have been accruing and the new owners are requesting that the property tax penalties in the amount of $42,831.31 from 2007 to April 2013 be cancelled. The new owners are offering to pay all outstanding taxes from 2007 as well as all tax penalties since April 2013, which is the time they filed a statement of claim on the said property, for a total of $67,784.48.
Conformance of recommendation to existing laws and Hinton Council plans
Conforms with: Yes/No/ Comments Partial Section 347(1) Cancellation, reduction, refund or Municipal and Provincial Yes Laws deferral of taxes Section 344(1)(2), 344(1) Penalty for non-payment Tax payment and penalty Bylaw #800-1
Community Sustainability No Plan Council’s Strategic Plan No Long Term Capital Plan No or Adopted budget
Background / Introduction
The property owner at 350 Drinnan Way has stopped paying property taxes since 2007. As such penalties have been applied as per the Bylaw #800-1. In 2009 the Town registered a tax notification on the Certificate of Title as required by the MGA in section 410-412. The Title was transferred to new owners in September of 2014.
Field Law is requesting on behalf of their client for accommodation in respect to the payment of the outstanding penalties incurred between 2007 and 2013. This would represent cancelling $42,831.31 in penalty arrears. Field Law is claiming that their client will suffer a loss with respect to this
Page 48 of 55 Page 2 of 2 investment (refer to the attached letter dated November 20, 2014). They are proposing that their client takes responsibility for the penalties since April 2013 which is when the foreclosure process was initiated as well as all outstanding property taxes for a total of $67,784.48
Section 347(1) of the MGA states: If a Council considers it equitable to do so, it may, generally or with respect to a particular taxable property or business class of taxable property or business, do one or more of the following, with or without conditions: (a) Cancel or reduce tax arrears; (b) Cancel or refund all or part of a tax; (c) Defer the collection of a tax.
Section 344(1)(2) states: A council may by bylaw impose penalties in the year in which a tax is imposed if the tax remains unpaid after the date shown on the tax notice. A penalty under this section is imposed at the rate set out in the bylaw. The penalty date is July 1st for the Town of Hinton.
The Tax Payment and Penalty Bylaw #800-1 states: 4.(a) That current taxes remaining unpaid at the time of the penalty date, shall be assessed a penalty in the amount of nine (9%) percent. (b) That current taxes remaining unpaid thirty (30) days after the penalty date, shall be assessed a further penalty in the amount of (6%). 6. That all taxes remaining unpaid after the 31st day of December in the year in which they are levied shall have thereto by way of penalty, an amount equal to fifteen (15%) percent of the outstanding balance, such penalty to be assessed on the first day of January of the succeeding year so long as the taxes remain unpaid. 7. That any percentage charge imposed under Section 4 and 6 shall be added to and forms a part of the unpaid taxes.
Under the MGA section 418(1) 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.
Options 1) Deny the request 2) Cancel the full penalty amount incurred between 2007 to April 2013 in the amount of $42,831.31. 3) Cancel a portion of the penalty amount between 2007 to April 2013.
Administration Assessment of Conclusion
Administration’s recommendation is to deny the request to cancel the property tax penalties in the amount of $42,831.31 from 2007 to April 2013 for the property located on 350 Drinnan Way. A tax notification was registered on the Certificate of Title in 2009 thereby advising that there are outstanding taxes on the property payable to the Town of Hinton. Cancelling a portion or the full amount of the penalties in question could set precedence for all properties that may be in a similar situation.
Town Manager Comments I support the recommendation to deny the request to cancel these property tax penalties. There are very specific rules regarding property taxes in Bylaw #800-1. These rules should be upheld.
Attachments
1. Letter from Field Law - October 24,2014 2. Letter from Administration – October 27, 2014 3. Letter from Field Law – November 20, 2014
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