Bylaws    Item #   9. a.            
Regular Council Meeting Agenda
Meeting Date: 02/11/2019  
Title: C-1063-19 - First and Second Readings - Subdivision and Development Appeal Board Bylaw Amendment - Pungur-Buick
Department: Corporate Services
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Request for Decision Summary
Administration is requesting an amendment to Bylaw C-439-02, Subdivision and Development Appeal Board Bylaw for the purpose of appointing a clerk to the Subdivision and Development Appeal Board and establishing the clerk as a designated officer.

Proposed Motion
 
 That first reading be given to Bylaw C-1063-19, Subdivision and Development Appeal Board Bylaw Amendment. 
 
 
That second reading be given to Bylaw C-1063-19, Subdivision and Development Appeal Board Bylaw Amendment. 
 
Background/Analysis
The City of Spruce Grove Subdivision and Development Appeal Board (SDAB) is established by Council under Part 17 of the Municipal Government Act (MGA) to hear appeals from decisions made by the City’s subdivision and development authorities. SDABs are intended to provide an independent, fair, transparent and principled decision making process for appeals of planning and development decisions.

Amendments to the MGA in 2017 resulted in several changes to the legislation regulating Subdivision and Development Appeal Boards in Alberta. Most notably, SDAB members and clerks were required to undergo mandatory training based on a program approved by the Minister of Municipal Affairs. Other changes include the requirement of a council to appoint one or more clerks to the SDAB, and that the clerk must be a designated officer.

Training of all clerks and appointed members of the Spruce Grove SDAB was completed in 2018, leaving the appointment of the clerk as a designated officer outstanding.

A bylaw amendment has been prepared to reflect the following changes:

1. Establish a designated officer position of Subdivision and Development Appeal Board Clerk, and prescribe duties

Section 627.1(3) of the MGA requires the Clerk to be a designated officer. A designated officer position must be established by bylaw, and the powers, duties and functions of that position must be set out by bylaw.

As the duties, powers, and functions of a SDAB Clerk are set out in the Municipal Government Act, Administration recommends referencing the obligations pursuant to the MGA rather than including a prescriptive list within the bylaw.

2. Appoint the City Manager as Clerk to the Board

Although the Deputy City Clerk is currently operating as Clerk to the SDAB, Administration feels it appropriate to appoint the City Manager as the Clerk. This responsibility will then be delegated to the Deputy City Clerk in accordance with Section 212, Delegation by the designated officer, of the MGA. The City Clerk will serve as back-up to the Deputy Clerk.

3. Establish clerk signing authority

Administration recommends an additional amendment to allow for the Board Clerk to sign decisions, orders, or approvals issued by the SDAB. Decisions issued by the Board are circulated unsigned to the parties involved in the appeal. Administration proposes to enable the Clerk to sign decisions, orders or approvals on behalf of the Board, and sets out parameters of when the Clerk has authorization to sign, and who can sign in the absence of the Clerk.

A comprehensive review of the Subdivision and Development Appeal Board Bylaw is planned for the near future. When completed, this review may result in further recommendations for amendments in several areas, including board member composition. Because the MGA is silent with respect to when the designated officer position must be established, Administration is recommending that this component be addressed in advance of a comprehensive review.
Options/Alternatives
Council has four alternatives with respect to this Bylaw amendment:

1. Council may choose to give three readings to Bylaw C-1063-19. A separate motion prior to third reading would be required to allow for all three readings to occur in one meeting: 
 
That unanimous consent be given to proceed with third reading of Bylaw C-1063-19 - Subdivision and Development Appeal Board Bylaw Amendment.

2. Council may choose to request amendments to Bylaw C-1063-19. Depending on the amendments requested, Administration may need additional time to research and incorporate the changes into the bylaw amendment. 

3. Council may choose to direct administration to return with further information to assist them in making their decision. 

4. Council may choose to defeat Bylaw C-1063-19. Choosing this option would leave decisions of the Board open to challenge as the Board would not be in compliance with the requirements of provincial legislation. 
 
Consultation/Engagement
Administration conducted a cursory review of several municipalities within the Province, and no standard approach to clerk appointments was evident. 
Implementation/Communication
If approved, the Bylaw would be posted on the City's website. Paperwork will be completed to formalize the administrative delegation of clerk duties from the City Manager to the Deputy City Clerk, who currently oversees the Subdivision and Development Appeal Board processes. 
Impacts
Approving this bylaw will ensure the Subdivision and Development Appeal Board is in compliance with the MGA. 

Attachments-Y
Bylaw C-1063-19 - Proposed Subdivision and Development Appeal Board Bylaw Amendment
Bylaw C-439-02 - Subdivision and Development Appeal Board Bylaw
Bylaw C-439-02 - Subdivision and Development Appeal Board Bylaw - Redline for Context