REGULAR MEETING AGENDA SUMMER VILLAGE OF BIRCHCLIFF ... · REGULAR MEETING AGENDA . SUMMER VILLAGE...

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REGULAR MEETING AGENDA SUMMER VILLAGE OF BIRCHCLIFF FEBRUARY 20, 2020 @ 8:30 A.M. A. CALL TO ORDER B. AGENDA - additions/deletions - adoption C. ADOPTION OF MINUTES - Regular Meeting Minutes, January 16, 2020 D. INFORMATION ITEMS 1) Administrator’s Report 2) Accounts Payable Report 3) Financial Report 4) Sewer Line Block 5) Development Update 6) Volunteer Liabilities 7) Municipal Accountability Program Review E. REQUESTS FOR DECISION 1) Council & Legislation a) Petition b) Intermunicipal Collaboration Framework c) Intermunicipal Development Plan Extension Request d) Intermunicipal Development Plan e) Regional Assessment Review Board Bylaw f) Municipal Leaders’ Caucus g) Permission for Pier h) 2020 Minister’s Awards for Municipal Excellence 2) Public Works a) Garbage Can Options b) Spring Yard Waste Bins 3) Planning & Development a) Access Agreements b) Encroachment Agreement Policy 4) Finance & Administration a) Capital Budget (Live Budget at meeting) b) Council and Board Remuneration Policy

Transcript of REGULAR MEETING AGENDA SUMMER VILLAGE OF BIRCHCLIFF ... · REGULAR MEETING AGENDA . SUMMER VILLAGE...

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REGULAR MEETING AGENDA SUMMER VILLAGE OF BIRCHCLIFF

FEBRUARY 20, 2020 @ 8:30 A.M.

A. CALL TO ORDER

B. AGENDA - additions/deletions- adoption

C. ADOPTION OF MINUTES - Regular Meeting Minutes, January 16, 2020

D. INFORMATION ITEMS

1) Administrator’s Report2) Accounts Payable Report3) Financial Report4) Sewer Line Block5) Development Update6) Volunteer Liabilities7) Municipal Accountability Program Review

E. REQUESTS FOR DECISION

1) Council & Legislation

a) Petitionb) Intermunicipal Collaboration Frameworkc) Intermunicipal Development Plan Extension Requestd) Intermunicipal Development Plane) Regional Assessment Review Board Bylawf) Municipal Leaders’ Caucusg) Permission for Pierh) 2020 Minister’s Awards for Municipal Excellence

2) Public Works

a) Garbage Can Optionsb) Spring Yard Waste Bins

3) Planning & Development

a) Access Agreementsb) Encroachment Agreement Policy

4) Finance & Administration

a) Capital Budget (Live Budget at meeting)b) Council and Board Remuneration Policy

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F. REPORTS

1) Council Reports

a) Mayor Dufresne b) Deputy Mayor Zacharias c) Councillor Tirpak

2) Committee Reports a) Susan Sampson

• Advanced Ambulatory Care

3) Correspondence a) Association of Summer Villages of Alberta b) Alberta Health Services

4) Upcoming Meetings

a) Next Council Meeting – March 19, 2020

G. ADJOURNMENT

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Summer Village of Birchcliff Action Item

January 2020 Action Required Assigned To Status Update to OSP/waterfront plan Tanner/Koralyn/Kara Not started Letters to residents about ASFF Roger In progress TELUS line lying on surface Chris Not started Inquire about sewer line leak from manhole near Birchcliff sign Chris In progress Tree planting program Chris/Tanner/Council In progress Research fire insurance on municipally owned vacant land Tina Not started What is covered by SV insurance Tina Not started Options for sewer flushing (maybe every other year) Chris In progress Public garbage can options Chris Complete Volunteer requirements Tina Complete Policy for Birchcliff Council prep time Tina Complete Add 183 second development to development update Koralyn Complete Find out why is Birchcliff member of Red Deer River Watershed Society Tanner Complete Tanner & Roger meeting to discuss budget story for ratepayers Tanner/Roger Complete Capital projects for public works Chris In Progress Sylvan Lake Library Board Donation $100 Trudy Complete Meeting to discuss sewer line issues with Pidherneys and Alex Chris/Tanner/Roger In progress

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Administrators Report Summer Village Birchcliff January 2020

The following is an update on some of the projects being worked on: o Jarvis Bay

Preparing for upcoming MAP Research building options

o Birchcliff LOC agreement on waterfront Capital projects plan Map review Petition

o Sunbreaker Wastewater Project Construction Bylaw

o Norglenwold Land Use Bylaw Re-write Annexation

o Half Moon Bay Re-establishing reserve boundaries Capital projects plan

o All Capital Budgets Audit / assessments ICF’s IDP Personnel Policy Joint Service Agreement Dock and Mooring options from AEP Council Calendar

Recommendation Council accept as information.

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Summer Village of Birchcliff

Administration and Finance

Council Date: February 20, 2020

Information Item

Agenda Item: Accounts Payable Update

Background: Total payables processed and presented to Council $ 31,367.40 The following list identifies any payments over $3,000:

1. Al’s Bobcat & Trucking $ 3,820.93 a. Sanding-Dec 5-13/2019

2. Summer Village of Norglenwold $ 18,778.45 a. Shared Costs-Dec. 2019 (accrued)

Administrative Recommendations: Council to accept as information.

Authorities: MGA 207 (c): The chief administrative officer advised and informs the council on the operations and affairs of the municipality.

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Summer Village of BirchcliffList of Accounts for ApprovalReport Date

2020-02-10 1:38 PM As of 2020-02-10 Page 1Batch: 2019-00195 to 2020-00009

Payment # DateInvoice #Vendor Name

Reference Payment AmountInvoice Amount

Bank Code: MAIN - General Bank

Computer Cheques:773 2020-01-23 Brian Dyrland

804109 Garbage Servic-De3-31 945.00 945.00

774 2020-01-23 Parkland Regional Library200029 1st Quarter Requisition 262.59 262.59

775 2020-01-23 Sylvan Lake Municipal LibraryJAN2020 2020 Donation 100.00 100.00

776 2020-01-23 Wild Rose Assessment Service7724 Assessment Fees-Jan 1-Mar 31 2,021.25 2,021.25

777 2020-01-31 Alberta Urban Municipalities20200029 AUMA Membership-2020 979.88 979.88

778 2020-01-31 Town of Blackfalds - LREMAIVC045962 2020 LREMA 2,500.00 2,500.00

EFT:85 2020-01-09 Al's Bobcat & Trucking

16942 Sanding/plowing Dec 5-13/19 3,820.93 3,820.93

86 2020-01-09 Summer Villages of Norglenwold2019-00221 ATB MC and Other Charges 3,281.102019-00225 Dec 2019 Muni Specific 1,692.162019-0229 Dec 2019 Monthly Shared Cost 13,805.19 18,778.45

87 2020-01-22 Al's Bobcat & Trucking16950 Sanding/Plowing-Dec 16-Dec 30 1,959.30 1,959.30

Total for MAIN: 31,367.40

Certified Correct This February 10, 2020

______________________________________ ______________________________________Mayor Administrator

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February 12, 20

Summer Village of Birchcliff

February 20, 2020

Finance

Information Item

Agenda Item: Financial Report

Background: Administration would like to provide the following Financial information to Council.

Options for Consideration: • The Operating Budget Report to Janaury 31, 2020Please note that monthend cost shares are not included due to timing of reportpreparation.

• Council Expense Claims to January 31, 2020- Roger Dufresne - $615.70- Ann Zacharias - $109.44- Frank Tirpak - $100.00

Administrative Recommendations: 1) That Council review Financial Report and accept as information.

Authorities: MGA 207 (c) "advises and informs the council on the operation and affairs of the municipality"

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February 12, 20

Summer Village of Birchcliff

February 20, 2020

Public Works

Information Item

Agenda Item: Sewer Line Block

Background:

On January 28, 2020 Administration received an email from Lacombe County indicating that the lift station at the entrance of Birchcliff had no flow coming in from Birchcliff and there was likely a blockage in the Birchcliff sewer main. Public Works immediately got into contact with Stantec and Urban Dirtworks to resolve the issue. Urban Dirtworks began flushing out sections of the main line starting at the lift station and working their way west into the Summer Village. They discovered a blockage made up of ground bathroom products in the section of sewer main closest to the lift station. Urban Dirtworks then flushed water from Sunnyside Camp all the way through to the lift station to ensure the line was clear. Following these events Lacombe County was able to verify that everything was back to flowing as usual.

During and following the cold snap in January a few residents reported issues with their personal septic systems freezing up which caused sewage from the main line to flow into their properties. A notice was sent out via the website and email blast to inform residents of the recent issues and to remind them to be mindful of what they are flushing down the line.

Administrative Recommendations: Council accepts as information.

Authorities: MDP Utilities Infrastructure Goals 9.2.1 2. To require the provision of environmentally responsible, efficient and reliablewater, wastewater and stormwater management utilities.

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February 4, 2020

Summer Village of Birchcliff

February 20, 2020

Planning and Development

Information Item

Agenda Item: Development Update

Background: Development Permit Update: Currently there are 50 development permits issued in the Summer Villages (19 in Birchcliff, 2 in Half Moon Bay, 10 in Jarvis Bay, 8 in Norglenwold, and 11 in Sunbreaker Cove).

Current Developments:

1. 39 Birchcliff Road Accessory Building Issued in 2016 • Site inspection in Spring (shoreline vegetation).

2. 321 Birchliff Road Dwelling Issued in 2017 • Site survey with parcel coverage required.

3. 13 Sunnyside Cabin Cabin Renovation Issued in 2016 • Permit extended to April 2020.

4. 325 Birchcliff Road Dwelling Issued in 2017 • Site inspection in Spring.

5. 110 Birchcliff Road Attached Garage Issued in 2018 6. 145 Birchcliff Road Demo & Dwelling Issued in 2018 7. 381 Birchcliff Road Demo & Dwelling Issued in 2018 8. 570 Birch Way Dwelling Issued in 2018 9. 41 Birchcliff Road Sport Court Issued in 2019 10. 127 Birchcliff Road Demolition Issued in 2019 11. 109 Birchcliff Road Garage & Screened Porch Issued in 2019 12. 183 Birchcliff Road Renovations & Garage Issued in 2019 13. 129 Birchcliff Road Demolition Issued in 2019 14. 337 Birchcliff Road Demolition Issued in 2019 15. 335 Birchcliff Road Addition Issued in 2019 16. 329 Birchcliff Road Retaining Wall Issued in 2019 17. 61 Birchcliff Road Renovations Issued in 2019 18. 337 Birchcliff Road Dwell., Gar., & Guest House Issued in 2019 19. 61 Birchcliff Road Deck Issued in 2020 *NEW*

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February 4, 2020

570 Birch Way (Shed) – Permit was recently closed. 183 Birchcliff Road (Retaining Wall) - Permit will be issued once we receive Geotechnical Report, as per MPC condition. Yearly Report Update:

• A total of 37 Development Permits were issued in 2019, 13 of them were Birchcliff’s. 46 were issued in 2018, 12 of them were Birchcliff’s.

• 6 Tree Permits were issued in 2019, and • 2 Coop License were renewed.

Administrative Recommendations:

1. Council to accept as information.

Authorities: Land Use Bylaw #170/13.

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February 12, 20

Summer Village of Birchcliff

Finance

Information Item

Agenda Item: Volunteer Liabilities

Background: Administration would like to provide the following report on Volunteer insurance liability for the Summer Village of Birchcliff.

Options for Consideration: 1) That Council review report as information

Administrative Recommendations: 1) That Council accept report as information for any future volunteer events orprojects.

Authorities: Section 535(1) (b) of the Municipal Government Act, R.S.A. 2000, c M-26, provides that "volunteer worker" means a volunteer member of a fire or ambulance service or emergency measures organization established by a municipality, or any other volunteer performing duties under the direction of a municipality. Section 535(2) This section does not affect the legal liability of a municipality.

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February 11, 2020

Summer Village of Birchcliff

February 20, 2020

Council & Legislation

Information Item

Agenda Item: MAP Review

Background: On October 24, 2019, Birchcliff underwent a Muncipal Accountability Program Review. We have received the report which was very positive. There were a few minor legislative gaps where the municipaity is required to take action. Some of these have already been rectified, and others are no longer applicable after the release of Bill 25 (red tape reduction bill). Administration will work to ensure that the legislative gaps are addressed and reported within the applicable timeframe. Here is a list of the legislative gaps:

- CAO evaluation- Provision of information- Signing of municipal documents- Closed meetings- Council meeting minutes- Designated Officer Bylaw- Property Tax Bylaw- Assessment review board bylaw- Bylaw encorecement officer bylaw- Procedural bylaw- Passing bylaws- Disclosure of salary and benefits- Development applications- Municipal emergency organization/agency/advisory committee

Administrative Recommendations:1. Council to accept as information.

Authorities:Land Use Bylaw #170/13.

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Summer Village of Birchcliff

February 20, 2020

Council and Legislation

Request for Decision

Agenda Item: Petition

Background: Administration has received a petition from some of the electors in the Summer Village petitioning the Traffic Bylaw 221-19, specifically the reduction in the speed limit through the Summer Village to 40 km.

Administration has deemed the petition to be valid on January 24th. Section 233(3) of the MGA states: “Within 30 days after the day on which the chief administrative officer declares a petition submitted under section 232 to be sufficient, the council must give first reading to a bylaw dealing with the subject-matter of the petition and any other related matters the council considers necessary.”

Should Council accept this to be consensus within the summer village, then Council needs to give 1st reading to the new Traffic Bylaw 224-20, which states the speed limit to be 50 km and repeals bylaw 221-19. 2nd and 3rd reading of the bylaw must occur within 30 days of 1st reading so at the March Council meeting.

If Council believes the petition is not the will of most residents, then Council needs to give 1st reading to the new Traffic Bylaw 224-20 and call for a vote of the electors on the bylaw. This vote must be held within 90 days after giving 1st reading to the bylaw. Voting is to be held in the same manner as the election so it will incur the same costs for advertising, staff time, ballots, and voting as occurred for the by-election.

The cost of the by-election was approximately $4,500.00. To help reduce costs, Administration is suggesting not offering an advanced vote as it is not a requirement and recommends allowing for voting by special ballot, so all residents could vote.

Should Council wish to proceed with a vote of the electors, Section 44 of the Local Authority Election Act states Council must by resolution determine the wording to be used on the ballot and the form of ballot to be used. The wording on the ballot must be framed such that an elector is asked to cast a vote in either the affirmative or the negative using neutral language that does not presuppose a particular outcome.

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Administration has also included a comment received from residents in support of the 40 km/h speed limit. Options for Consideration: 1. Council give 1st reading to the Traffic Bylaw #224-20 with 2nd and 3rd readings

at the March Council meeting. 2. Council give 1st reading to the Traffic Bylaw 224-20 and hold a vote of electors

on speed limit prior to the May Council meeting. Administrative Recommendations: 1. That Council give first reading to the Traffic Bylaw 224-20. 2. That Council hold a vote of electors on the proposed Traffic Bylaw 224-20 and

provide date for the vote. 3. That Council appoint Teri Musseau Returning Officer with Trudy Dubeau as

Substitute Returning Officer. 4. Council make resolution allowing for special ballots and noting the ballots must

be received by the Returning Officer no later than 12:00 p.m. on the Friday prior prior to the vote.

5. Council provide wording to be used on the ballot. Authorities: MGA Section 233 LAEA

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Summer Village of Birchcliff

February 20, 2020

Council and Legislation

Request for Decision

Agenda Item: Intermunicipal Collaboration Framework

Background: Administration has attached the Intermunicipal Collaboration Framework between the Summer Village of Birchcliff and Lacombe County.

Options for Consideration: 1. Council adopt the Intermunicipal Collaboration Framework with Lacombe

County as presented.2. Council adopt the Intermunicipal Collaboration Framework with Lacombe

County as amended.

Administrative Recommendations: 1. That Council adopt the Intermunicipal Collaboration Framework with Lacombe

County as presented.

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WHEREAS, the Summer Village of Birchcliff and Lacombe County (hereinafter referred to as the Parties) share common boundaries; and

WHEREAS, the Parties share common interests and are desirous of working together to provide services to their ratepayers, where there are reasonable and logical opportunities to do so; and WHEREAS, the Municipal Government Act stipulates that municipalities that have a common boundary must create an Intermunicipal Collaboration Framework with each other that identifies the services that benefit residents in more than one of the municipalities, which municipality is responsible for providing these services and how the service will be delivered and funded. NOW THEREFORE, by mutual covenant of the Parties it is agreed as follows: A. TERM AND REVIEW 1) In accordance with the Municipal Government Act, this Intermunicipal Collaboration

Framework is a permanent Agreement and shall come into force on final passing of a resolution to adopt the Framework by both Parties.

2) This Framework may be amended by mutual consent of the Parties unless specified otherwise in this Framework.

3) It is agreed by the Parties that the Intermunicipal Committee shall review at least once

every four years, commencing no later than 2024, the terms and conditions of the agreement.

B. INTERMUNICIPAL COOPERATION 1) The Intermunicipal Committee composed of two elected officials, the Chief

Administrative Officer and one other staff member from each municipality shall be the forum for reviewing the Intermunicipal Collaboration Framework.

C. MUNICIPAL SERVICES

1) The Parties have reviewed the services offered to residents. Based on the review it has been determined that other than those services noted in Section C. 2) each Party will continue to provide services to their residents independently.

2) The Summer Village of Birchcliff and Lacombe County have a history of working together to provide municipal services to residents, with the following joint services being provided directly, or indirectly:

a. Wastewater - The Parties are members of the Sylvan Lake Regional Wastewater Commission (the Commission) with service levels and costs being established as per 1) agreements with the Commission, and 2) the

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Commission’s business plan.

b. Emergency Services i. Emergency Management – Lacombe Regional Emergency

Management Partnership Agreement – Lacombe County, City of Lacombe, Town of Bentley, Town of Blackfalds, Town of Eckville, Village of Alix, Village of Clive, Summer Village of Birchcliff, Summer Village of Gull Lake and Summer Village of Sunbreaker Cove dated May 3, 2011.

D. FUTURE PROJECTS & AGREEMENTS

1) In the event that either Party initiates the development of a new project and/or service that may require a new cost-sharing agreement, the initiating Party’s Chief Administrative Officer will notify the other Chief Administrative Officer in writing.

2) The initial notification will include a general description of the project, estimated costs and timing of expenditures. The other party will advise if they have objections in principle to provide funding to the project and provide reasons. An opportunity will be provided to discuss the project at the Intermunicipal Committee level.

3) The following criteria will be used when assessing the desirability of funding of new projects:

a. Relationship of the proposed capital project to a regional long-term planning document prepared by the Parties;

b. The level of community support; c. The nature of the project; d. The demonstrated effort by volunteers to raise funds and obtain grants, if

applicable; e. The projected operating costs for new capital projects; f. Municipal debt limit; and g. Projected utilization by residents of both Parties.

4) Once either Party has received written notice of 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 Officers agree otherwise.

5) The Intermunicipal Committee will be the forum used to discuss and review future

mutual aid agreements and/or cost sharing agreements. In the event the Intermunicipal Committee is unable to reach an agreement, the dispute shall be dealt with through the procedure outlined within Section E of this document.

6) Both Parties recognize that the decision to participate in or not participate in a project

ultimately lies with the respective municipal councils.

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E. DISPUTE RESOLUTION

1) The Parties are committed to resolving any disputes in a non-adversarial, informal, and cost-efficient manner.

2) The 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) In the event of a dispute, the Parties agree that they shall undertake a process to promote the resolution of the dispute in the following order:

a. Negotiation; b. Mediation; and c. Binding arbitration.

4) If any dispute arises between the Parties regarding the interpretation, implementation,

or application of this Framework, or any contravention or alleged contravention of this Framework, the dispute will be resolved through the binding Dispute Resolution Process outlined herein, however, if a dispute arises regarding an existing intermunicipal agreement between the Parties, and that agreement contains a binding dispute resolution process, then that process shall be followed instead of the one outlined in this framework.

5) If the Dispute Resolution Process is invoked, the Parties shall continue to perform their obligations described in this Framework until such time as the Dispute Resolution Process is complete.

6) A party shall give written notice (“Dispute Notice”) to the other party of a dispute and

outline in reasonable detail the relevant information concerning the dispute. Within 30 days following receipt of the Dispute Notice, the Intermunicipal Committee shall meet and attempt to resolve the dispute through discussion and negotiation, unless a time extension is mutually agreed by the Chief Administrative Officers. If the dispute is not resolved within 60 days of the Dispute Notice being issued, the negotiation shall be deemed to have failed.

7) If the Parties cannot resolve the dispute through negotiation within the prescribed time period, the dispute shall be referred to mediation.

8) Either party shall be entitled to provide the other party with a written notice (“Mediation Notice”) specifying: a. The subject matters remaining in dispute, and the details of the matters in dispute

that are to be mediated; and b. The nomination of an individual to act as the mediator.

9) The Parties shall, within 30 days of the Mediation Notice, jointly nominate or agree

upon a mediator.

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10) Where a mediator is appointed, the Parties shall submit in writing their dispute to the mediator and afford the mediator access to all records, documents, and information the mediators may reasonably request. The Parties shall meet with the mediator at such reasonable times as may be required and shall, through the intervention of the mediator, negotiate in good faith to resolve their dispute. All proceedings involving a mediator are agreed to be without prejudice and the fees and expenses of the mediator and the cost of the facilities required for mediation shall be shared equally between the Parties.

11) In the event that:

a. The Parties do not agree on the appointment of a mediator within 30 days of the Mediation Notice; or

b. The mediation is not completed within 60 days after the appointment of the mediator; or

c. The dispute has not been resolved within 90 days from the date of receipt of the Mediation Notice;

either party may by notice to the other withdraw from the mediation process and in such event the dispute shall be deemed to have failed to be resolved by mediation.

12) If mediation fails to resolve the dispute, the dispute shall be submitted to binding arbitration. Either of the Parties may provide the other party with written notice (“Arbitration Notice”) specifying: a. the subject matters remaining in dispute and the details of the matters in dispute

that are to be arbitrated; and b. the nomination of an individual to act as the arbitrator.

13) The Arbitration Act (Alberta) in force from time to time shall apply to arbitration

proceedings commenced pursuant to this Framework.

14) The fees and expenses of the arbitrator and the cost of the facilities required for arbitration shall be shared equally between the Parties.

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F. CORRESPONDENCE 1) Written notice under this Agreement shall be addressed as follows:

a. In the case of The Summer Village of Birchcliff to: The Summer Village of Birchcliff c/o Chief Administrative Officer Bay 8, 14 Thevenaz Industrial Trail Sylvan Lake, AB T4S 2J5

b. In the case of Lacombe County to:

Lacombe County c/o County Manager RR 3 Lacombe, AB T4L 2N3

2) In addition to F(1), notices may be sent by electronic mail to the Chief Administrative

Officer of the Summer Village of Birchcliff and the County Manager of Lacombe County.

IN WITNESS WHEREOF the parties have affixed their corporate seals as attested by the duly authorized signing officers of the parties as of the first day above written. THE SUMMER VILLAGE LACOMBE COUNTY OF BIRCHCLIFF _____________________________ ___________________________ Roger Dufresne, Mayor Paula Law, Reeve _____________________________ ___________________________ Date Date _____________________________ _________________________ Tanner Evans, CAO Tim Timmons, County Manager _____________________________ ___________________________ Date Date

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Summer Village of Birchcliff

February 20, 2020

Council and Legislation

Request for Decision

Agenda Item: Intermunicipal Development Plan Extension Request

Background: Lacombe County has drafted a letter to the Honourable Kaycee Madu, Minister of Municipal Affairs, from all participants in the Intermunicipal Development Plan requesting an extension to complete the plan until June 30, 2020 and is asking all the Mayors sign it.

Please see letter attached.

Options for Consideration: 1. That the Mayor sign the extension request letter as presented.

Administrative Recommendations: 1. That Council agrees to request an extension from Municipal Affairs to

complete an Intermunicipal Development Plan with Red Deer County by June30, 2020.

2. That Council agrees to request an extension from Municipal Affairs tocomplete an Intermunicipal Development Plan with Lacombe County by June30, 2020.

3. That Council agrees to request an extension from Municipal Affairs tocomplete an Intermunicipal Development Plan with the Town of Sylvan Lakeby June 30, 2020.

4. That Council agrees to request an extension from Municipal Affairs tocomplete an Intermunicipal Development Plan with the Summer Village ofJarvis Bay by June 30, 2020.

5. That Council agrees to request an extension from Municipal Affairs tocomplete an Intermunicipal Development Plan with the Summer Village ofNorglenwold by June 30, 2020.

6. That Council agrees to request an extension from Municipal Affairs tocomplete an Intermunicipal Development Plan with the Summer Village ofHalf Moon Bay by June 30, 2020.

7. That Council agrees to request an extension from Municipal Affairs tocomplete an Intermunicipal Development Plan with the Summer Village ofSunbreaker Cove by June 30, 2020.

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Summer Village of Birchcliff

February 20, 2020

Council and Legislation

Request for Decision

Agenda Item: Intermunicipal Development Plan

Background: Administration has sent the draft Intermunicipal Development Plan separately and has attached the Bylaw for Council’s review. The IDP Committee would like to hold a joint public hearing for the IDP on March 28th at 1:30 p.m.

Options for Consideration: 1. Give 1st reading to the Intermunicipal Development Plan Bylaw as presented

and schedule public hearing.2. Accept as information.

Administrative Recommendations: 1. That Council give 1st reading to the Intermunicipal Development Plan Bylaw.2. That Council have a special meeting of Council to hold the joint public hearing

for the Intermunicipal Development Plan on Saturday, March 28th at 1:30 p.m.

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Summer Village of Birchcliff

February 20, 2020

Council and Legislation

Request for Decision

Agenda Item: Regional Assessment Review Board

Background: During the Summer Village of Norglenwold’s Municipal Accountability Program Review, it was noted that the Regional Assessment Review Board bylaw was not in compliance with Bill 25. The City of Red Deer has made changes to the bylaw to bring it into compliance. The major changes between the current bylaw and the proposed bylaw are:

• Housekeeping and consistency• Improved language to ensure the Board is established in compliance with

legislation• Improved language related to the Board Member appointments• Clarified language related to the establishment and responsibilities of the

Regional Board Review Committee• Improved language related to the Regional Advisory Group

Options for Consideration: 1) Council provide 1st, 2nd and 3rd readings to the Regional Assessment Review

Board Bylaw.2) Council table for amendments.

Administrative Recommendations: 1) That Council provide 1st reading to the Regional Assessment Review Board

Bylaw.2) That Council provide 2nd reading to the Regional Assessment Review Board

Bylaw.3) That Council approve giving 3rd reading to the Regional Assessment Review

Board Bylaw at this meeting.4) That Council provide 3rd reading to the Regional Assessment Review Board

Bylaw.

Authorities: Bill 25.

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Summer Village of Birchcliff

February 20, 2020

Council and Legislation

Request for Decision

Agenda Item: Municipal Leaders Caucus

Background: Administration has received information about the upcoming Municipal Leaders Caucus (formerly known as the Mayors' Caucus) being held at the Westin Hoetl in Edmonton March 25 & 26. The caucus is open to all mayors, council members and CAOs.

Options for Consideration: The cost to attend is $165 plus accommodations.

Administrative Recommendations: Council to discuss and provide direction to Administration.

Authorities:

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Summer Village of Birchcliff

February 20, 2020

Council and Legislation

Request for Decision

Agenda Item: Permission for Pier

Background: Jason McDonald is again requesting permission from Council to put his pier and hoist in the same location as it has been for the past few years. This is a shared pier system with Des and Ann Zacharias and would sit down in front of the green space by the Sunnyside Camp.

He is requesting it be located at the area identified as OS8W from the Open Space Master Plan Classification Map.

This area is identified as a Viewpoint Park which states piers may be an appropriate use for the classification, however the notes indicate there should be no pier from OS4, OS8, OS15 & RA6.

Options for Consideration: 1) Council to discuss and approve as requested.2) Council to discuss and deny based on recommendations in the Open Space

Master Plan.

Administrative Recommendations: That Council review, discuss and deny permission for dock in OS8W.

Authorities: Open Space Master Plan, Table 3, Appropriate Uses and Amenities

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Summer Village of Birchcliff

February 20, 2020

Council and Legislation

Request for Decision

Agenda Item: 2020 Minister's Awards for Municipal Excellence

Background: Nominations are now being accepted for the 2020 Minister’s Awards for Municipal Excellence which recognizes municipal government excellence and promotes the sharing of knowledge among municipalities.

For 2020, the program features new categories:

Partnership (open to all municipalities) Award will be given for an innovative initiative involving a local or regional partnership that achieves results that could not have otherwise been accomplished by the municipality alone. This could involve cooperation, coordination, and collaboration with other municipalities, businesses, Indigenous communities, non­ profit organizations, community groups, and other orders of government to achieve a specific outcome.

Building Economic Strength (open to all municipalities) Award will be given for an innovative initiative involving the municipality and business community that addresses a challenge affecting community economic strength.

Service Delivery Innovation (Open to all municipalities) Award will be given for an innovative initiative that improves the delivery or reduces the cost of a program or service through a more efficient process or through the use of an alternate delivery approach.

Enhancing Community Safety (open to all municipalities) Award will be given for an innovative initiative that engages the community to address a safety issue. This could involve crime prevention, infrastructure enhancements (e.g. lighting, accessibility, traffic calming measures), and community services initiatives.

Smaller Municipalities (open to municipalities with populations less than 5,000)

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Award will be given for a municipal initiative that demonstrates leadership, resourcefulness, and/or innovation to better the community. The deadline for submissions is March 31, 2020.. Options for Consideration:

1) Council accept as information. 2) Council nominate a municipality for the Minister’s Awards for Municipal

Excellence.

Administrative Recommendations: That Council discusses and provides direction to Administration. Authorities: n/a

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Summer Village of Birchcliff

February 20, 2020

Public Works

Request for Decision

Agenda Item: Garbage Can Options

Background: Public Works has acquired some pricing on different garbage bin options. The provided options are primarily animal proof containers.

Options for Consideration1. Council accept as information with the intent to install animal proof garbage

bins in coordination with future pathway construction.2. Council move that Administration purchase a specified number of animal

proof garbage bins to be installed along Birchcliff Road.3. Council move that Administration provide more garbage bin options.4. Council accepts as information.

Administrative Recommendations: Council accept as information with the intent to install animal proof garbage bins in coordination with future pathway construction.

Authorities: MDP Utilities Infrastructure Policies 9.3.11 Birchcliff shall continue to contract for the effective and efficient waste removal services.

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Global Industrial 36 Gallon Black $490.00

Haul All Hide-A-Bag Single unit 70 Gallon Haul All Hide-A-Bag double unit 130 Gallon

$1,413.00 ea. with concrete base - $1,915.00 ea. with concrete base

- $2,097.00 ea with painted lid and concrete base.

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Tuffboxx Wildlife Single unit - $1,250 Tuffboxx Picnic Single unit - $1,750

Double unit - $2,070 Tuffboxx Camper Double unit - $2,280

(Does not include concrete base) (Does not include concrete base)

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Summer Village of Birchcliff

February 20, 2020

Public Works

Request for Decision

Agenda Item: Spring Yard Waste Bins

Background: Public Works has acquired pricing for a spring yard waste program. The cost to place 15 cubic yard bins in the village would be $365.00 per load taken (loads average around 700kg of yard waste). Signage would be put up in front of the bins to clarify that they are for yard waste only and information could be sent to residents to increase awareness of the program.

Options for Consideration1. Council move to implement the spring yard waste bin program starting in

2020 with bins to be put out from May 15 to June 15 at specified locations.2. Council accepts as information.

Administrative Recommendations: Council move to implement the spring yard waste bin program starting in 2020 with bins to be put out from May 15 to June 15 at specified locations.

Authorities: MDP Utilities Infrastructure Policies 9.3.11 Birchcliff shall continue to contract for the effective and efficient waste removal services.

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Summer Village of Birchcliff

February 20, 2020

Planning and Development

Request for Decision

Agenda Item: Access Agreements

Background: In 2016, Administration became aware of existing encroachments on the EOS in front of lakeshore lots 365-441 Birchcliff Road, which were approved by Resolution 94-99. At this time Administration was instructed to enter into EncroachmentAgreements and register them on the titles, as a Resolution can be revoked at anytime, therefore providing the residents with protection for their property.

In 2017, the Encroachment Agreements were revised to Access Agreements as per Councils/residents request.

As of today, all applicable property owners have entered into the Access Agreement, except for 441 Birchcliff Road. Administration has been in communication with this property owner numerous of times over the years but they refuse to sign.

Options for Consideration: 1. Accept as information.2. Seek legal opinion.

Administrative Recommendations:15/16 applicable properties have entered into the agreement and it has been registered on titles. Administration believes we must pursue the remaining property, therefore seek legal opinion.

Authorities:Encroachment Policy

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Access Agreement

This Access Agreement dated this day of , 2020.

BETWEEN:

NAME

(hereinafter called the “Owners”)

-AND-

THE SUMMER VILLAGE OF BIRCHCLIFF

(hereinafter called the “Summer Village”)

WHEREAS:

A. The Owners are the registered owners of the following lands within the Summer Village,

namely:

441 Birchcliff Road

PLAN 3515RS

BLOCK 3

LOT 8

Excepting thereout all mines and minerals

(hereinafter called the “Owners Lands”)

B. The Summer Village has under its direction, control and management, the following lands

adjacent the boundary of the Owners lands, namely:

PLAN 3515RS

BLOCK 3

LOT R1 (Environmental Open Space)

(hereinafter called the “EOS”)

AND WHEREAS: A staircase has been constructed on the EOS to access Sylvan Lake as permitted by

Resolution 94-99 in accordance with Land Use Bylaw #170/13.

AND WHEREAS: The Summer Village has requested an Access Agreement with the Owners to permit the

encroachment on the EOS as shown on a sketch attached hereto as Schedule “A”.

NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the payment of ONE ($1.00)

dollar now paid by the Owners to the Summer Village, receipt of which is hereby acknowledged, and in

consideration of the mutual covenants contained herein, the Parties hereby agree as follows:

1.0 GRANT OF ACCESS

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1.1 Subject to the provisions hereinafter set out, the Summer Village hereby permits the Owners access

and structures built upon or over a portion of the EOS, to exist as constructed.

1.2 The rights of the Owners are personal in nature and do not constitute any legal or equitable estate in

the EOS.

1.3 The Owners acknowledge that no Caveat or other instrument may be registered against the Summer

Village’s lands.

1.4 The Summer Village shall continue to have all rights and entitlements to the EOS including the right

to grant easements or rights-of-way, provided the granting of such will not unreasonably interfere with

the Owners access to Sylvan Lake.

2.0 OWNERS OBLIGATIONS

The Owners shall:

2.1 Use the portion of the EOS designated in Schedule A for lake access and temporary storage only and

for no other purpose.

2.2 Not enlarge or extend the use or occupation of the EOS beyond the area designated.

2.3 Maintain and keep in good and safe repair any structure placed or erected on the EOS. Excepting

maintenance and repairs, written consent must be obtained for structural alterations, replacement, or

bank and shoreline stabilization.

2.4 Comply with all Summer Village, Provincial and Federal laws, statutes and regulations legally in force.

2.5 Be responsible for rectifying and repairing any environmental damage to the EOS arising from the

Owner’s use of the access granted, or from the removal, destruction or abandonment of any access

structure.

2.6 If the Owner is unable or unwilling to meet the above obligations, the Summer Village may, by giving

notice in writing, undertake steps to rectify such defaults or to remove the improvements from the EOS.

All associated costs will constitute a debt by the owner to the Summer Village.

3.0 IDEMNIFICATION

The Owners shall:

3.1 Indemnify and save harmless the Summer Village of and from liability, damages, suits, claims,

demands and judgements in connection with the use and continuance of the EOS access. This provision

shall survive termination of this Agreement with respect to any act or omission which occurred during

the term of this Agreement.

3.2 Throughout the term of this Agreement, have homeowners or tenant’s liability insurance extended

to cover use of the leased land and any structures erected thereon, in the amount of not less than

$1,000,000.00 with the Summer Village named as an additional insured.

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4.0 TERM

4.1 The parties agree that the rights conferred by this Agreement are deemed to run with the land

identified in (A) above and shall therefore be fully transferrable to future landowners, provided the

Owners are not in default of any provisions of this Agreement. Such transfer will not be unreasonably

withheld.

4.2 The Owners shall not assign, convey or part with any of the rights and privileges pursuant to this

Agreement, other than through transfer of title, without the prior written consent of the Summer

Village.

4.3 The Owners shall notify the Summer Village in writing, of any transfer of title of the Owners

property.

4.4 The parties may, by mutual agreement in writing, amend the terms and conditions of this

Agreement.

5.0 Notices

5.1 Any notice which either party is required to give pursuant to this Agreement may, if intended for the

Owners, be given at:

441 Birchcliff Road

Birchcliff, AB T4S 1R6

And if intended for the Summer Village, at:

Bay #8, 14 Thevenaz Industrial Trail

Sylvan Lake, AB T4S 2J5

5.2 The addresses may be changed from time to time upon written notice to each other.

IN WITNESS WHEREOF the parties have hereunto set their hand and seal on the above date.

______________________________ _______________________________ WITNESS OWNER ______________________________ _______________________________ WITNESS OWNER

THE SUMMER VILLAGE OF BIRCHCLIFF

per: __________________________________

(seal)

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Summer Village of Birchcliff

February 20, 2020

Planning and Development

Request for Decision

Agenda Item: Encroachment Agreement Policy

Background: Current Encroachment Agreement Policy:Under previous administration, residents that obtained an agreement have been charged a flat fee of $40.00 per year for encroachments on Municipal land. As per the Encroachment Policy passed in 2015, there is a formula that is to be calculated to determine this fee and is to be reassessed every five years.

Current Formula: Fee is calculated on actual square foot assessment of adjacent property (i.e. 1200 sq. ft. lot assessed at 16,000 land value – encroachment is 10 sq. ft. (16,000 / 1200 = 13.33 assess value per square foot) (10 x 13.33 = 133.30 encroachment value) times the mill rate for the current year.

Examples of the Calculation: 20,945.49 sq. ft. lot assessed at 597,840 land value – encroachment is 3.62 sq. ft. (597,840 / 20,945.49 = 28.54 assess value per square foot) (3.62 x 28.54 = 103.31 encroachment value) 103.31 x 0.0233 = $2.41 yearly encroachment fee.

9,034.26 sq. ft. lot assessed at 736,860 land value – encroachment is 86.23 sq. ft. (736,860 / 9,034.26 = 81.56 assess value per square foot) (86.23 x 81.56 = 7,032.92 encroachment value) 7,032.92 x 0.0240 = $168.79 yearly encroachment fee.

This formula can be difficult under some circumstances with stairs or older encroachments where we do not have the proper measurements of the encroachment. Administration also feels that this current formula has residents who have a larger lot paying more for the exact same encroachment than a resident with a smaller lot.

Municipal Examples: Lacombe County charges a non-refundable fee of $2,000.00 for a 10-year encroachment agreement, then charged again once expired. (This would be $200.00 per year).

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Red Deer County has license to occupy agreements which sometimes comes with a fee (roughly $25.00 year) but moving towards leases and trying to phase out licenses of occupancy.

The Town of Blackfalds does not allow encroachments, if discovered the encroachment is required to be removed.

The Town of Sylvan Lake charges a preparation fee for encroachment agreements of $350.00. No yearly fee.

Staff Involvement: Currently there are 3 Encroachment Agreements in Birchcliff, for staircases and retaining walls etc. During preparation and yearly review of the agreements, Development, CAO and Accounting is involved.

Options for Consideration: 1. Council to accept as information and continue with current policy. 2. Council to amend policy to charge a base yearly fee of $250.00.

Administrative Recommendations: 1. Council to amend policy to charge a base yearly fee of $250.00 for encroachment

agreements going forward and that come up for review every 5 years. Administration feels $40 does not cover staff time nor the registration fee with Alberta Land Titles. As per the Policy, encroachments should not be allowed, and having a $250 fee may deterrent encroachments going forward.

Authorities: Encroachment Agreement Policy

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Summer Village of Birchcliff

Finance

Request for Decision

Agenda Item: Capital Budget

Background: Attached is the proposed capital project budget for 2020.

Options for Consideration: 1) That Council review and discuss the Capital Budget information provided and toprovide any necessary input and projects into the 2020 Capital Budget.

Administrative Recommendations: 1) That Council approve a 2020 Capital Budget.

Authorities: Section 242(1) of the Municipal Government Act, R.S.A. 2000, c M-26, provides that Council must adopt an operating budget for each calendar year.

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Summer Village of Birchcliff

Finance

Request for Decision

Agenda Item: Council and Board Reimbursement Policy

Background:

Administration has amended the Council and Board Reimbursement Policy to include Council Preparation reimbursement as directed at the January Council meeting.

Options for Consideration: 1) Council review, discuss and amend.2) Council approve the amended Policy as presented.

Administrative Recommendations: Council adopt the Council and Board Reimbursement Policy as presented.

Authorities: n/a

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February 12, 20

Summer Village of Birchcliff

February 20, 2020

Council Reports

Information Item

Council Reports: Roger Dufresne Ann Zacharias Frank Tirpak

Committee Reports: Susan Sampson

• Advanced Ambulatory Care

Correspondence: • Association of Summer Villages of Alberta• Alberta Health Services

Upcoming Meetings: Next Council Meeting: March 19, 2020

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