1. Municipal Development Plan Amendment No. 1084-2 – First Reading
An application has been received from a local landowner to amend the Municipal Development Plan (MDP) Figure 6 Existing Land Use Map from Industrial to Future Urban Development. The subject lands are located at 100 & 200 Drinnan Way (see Site Area Map – Attachment 1). These lands are undeveloped and in a natural state but have been cleared of trees. This item is before Council to seek First Reading of the proposed amending Bylaw #1084-2 which is a required first step to initiate the amendment process to the MDP and to establish a Public Hearing date. The date Administration is recommending for the public hearing is February 4, 2020 at 4:00pm during a Regular Council Meeting. Council made motion that Council gives Municipal Development Plan #1084-2 First Reading as presented, and then that Council schedule a Public Hearing on February 4, 2020 at 4:00 p.m. in Council Chambers to hear public comments on Bylaw #1084-2. Both motions carried.
2. Land Use Bylaw Amendment No. 1088-12 – First Reading
An application has been received to amend the Land Use Bylaw from I-LHT Light Industrial District to FUD – Future Urban Development District. The subject lands are located at 100 & 200 Drinnan Way (see Site Area Map – Attachment 1). These lands are undeveloped and in a natural state but have been cleared of trees. These lands were recently subject of an amendment from I-LHT Light Industrial to DC Direct Control, however Council defeated Second reading as a result of the Applicant submitting a letter of cancellation. The reason for the cancellation was that the DC District was not the most appropriate designation and therefore, have since applied to rezone the lands to Future Urban Development. In accordance with the requirements of the Land Use Bylaw, the general purpose of the FUD District, is intended to protect lands for future forms of development and provide for a limited range of temporary uses. It was moved that Council gives Land Use Bylaw #1088-12 First Reading as presented, and then that Council schedule a Public Hearing on February 4, 2020 at 4:00 p.m. in Council Chambers to hear public comments on Bylaw #1088-12. Both motions carried.
3. Intermunicipal Collaboration Framework Agreement with Yellowhead County - Bylaw No. 1143 - First, Second and Third Reading
Section 708.28 of the Municipal Government Act (MGA) requires municipalities that have common boundaries to create an Intermunicipal Collaboration Framework (ICF) within two years of the coming into force of the section. As such, these agreements must be complete and adopted by April 2020 and a copy must be filed with the Minister within 90 days of creation. The Administration of both municipalities have jointly drafted the attached agreement for Council’s review and consideration (Schedule “A” - Attachment 2). Both municipalities as parties of the framework have adopted an Intermunicipal Development Plan (IDP) under Section 631. At the December 10, 2019 Standing Committee Meeting, Committee recommended that Council give the ICF all three readings at a future Regular Meeting of Council.
In accordance with Section 708.33(1) of the MGA, ICF’s must be adopted by matching Bylaws of each partnering municipality. At the joint meeting between the two municipalities this requirement was briefly discussed, and Yellowhead County advised they had no issues with any of the agreements currently in place between the two municipalities. Yellowhead County gave First Reading to their Bylaw in August and Second Reading on October 22, 2019 and Third Reading will be given January 14, 2020. The Town of Hinton Administration is recommending that all three readings be given to Bylaw #1143. Council gave the framework agreement first, second, unanimous consent, and then third reading.
4. Tax Exemptions - Legion
In April/May 2019, Administration became aware that the bar portion of the taxes owing from the Legion were being written off based on a decision made by the Town several years ago. Due to this decision, the Legion did not receive tax notices, and the amounts owing for municipal, school, and Evergreens requisitions were not collected. Under section 363(1)(c) of the Municipal Government Act (MGA) the not-for-profit portion of the Legion is exempt; however, the Legion bar is not deemed exempt by the MGA as it requires a Food & Beverage License for the portion that provides liquor sales. Once this situation was identified, Administration sought further information from the Town’s Assessor, Warren Powers, and was provided with the relevant information and Legislation. Finance was directed to notify the Legion that the taxes on the bar portion of the Legion were not being charged appropriately, explain the legislation that was not being followed, and confirm that this practise would no longer occur. At this time the Legion was informed that a taxation notice would be sent to them in May for the 35% portion of the Legion that provides liquor sales, and this amount would be owing for 2019. On June 20, 2019 an email was forwarded to Administration from the Legion regarding concerns with the tax notice. At the In-Camera Meeting of Council on November 5, 2019 Administration was directed to bring a report to a Regular Council Meeting to provide information on the business portion of the Legion required to pay taxation under the Municipal Government Act (MGA). As an option to consider, information regarding a potential Town grant to the Legion to support payment of their 2019 business portion taxation was requested. It was moved that council direct Administration to provide a grant in the amount of $3,748.26 to the Legion as reimbursement for the bar portion of the 2019 Legion Municipal taxation owing, to come from Council 2020 contingency fund. This motion carried.
5. Bylaw No. 1144 Municipal Emergency Management Bylaw - First, Second and Third Reading
The EMA is the primary legislation for delegating emergency management roles and responsibilities within the Province. In addition, the EMA outlines the Province’s emergency preparedness and response authority at both the municipal and Provincial level. The Local Authority Emergency Management Regulation (LEMR), which comes into effect on January 1, 2020, is the regulation that accompanies the EMA. The LEMR clarifies the roles and responsibilities involved in emergency management. These roles include emergency advisory committees, emergency management agencies, director(s) of emergency management and elected officials. In addition, the LEMR outlines the required content of Municipal Emergency Plans, Emergency Management Bylaws, as well as training and exercise requirements. Bylaw #1144 Municipal Emergency Management Bylaw (Attachment 1) has been created to meet the requirements of the EMA and the LEMR. Council gave the Bylaw first, second, unanimous consent, and third reading.