TAMRMS#: B06
7.2
title
Amendments to Council Policy C-CAO-22 Borrowing Bylaw Advertising
Presented by: Diane McMordie, Director, Financial Services and Information Technology/CFO
label
RECOMMENDED MOTION(S)
recommendation
That the amended version of Council Policy C-CAO-22 Borrowing Bylaw Advertising, provided as an attachment to the June 8, 2021 agenda report, be approved.
body
PURPOSE OF REPORT
Amendment being proposed to extend the initial advertisement timeline to take place from within 7 days to within 10 days of 1st reading of a borrowing bylaw.
ALIGNMENT TO PRIORITIES IN COUNCIL’S STRATEGIC PLAN
N/A
ALIGNMENT TO LEVELS OF SERVICE DELIVERY
N/A
ALIGNMENT TO COUNCIL DIRECTION OR MANDATORY STATUTORY PROVISION
N/A
BACKGROUND AND DISCUSSION
Advertising requirements for a borrowing bylaw are stipulated within the Municipal Government Act (MGA) Section 231(3) and provide a 15 day time period for electors to submit a petition in opposition to the bylaw. To ensure electors are afforded a full 60 days to petition a proposed borrowing bylaw, Council implemented policy C-CAO-22 Borrowing Bylaw Advertising. The policy works by requiring an initial advertisement "immediately" after First Reading and then delaying the mandatory successive advertisements (required by the MGA) to create this 60 day window.
The problem has arisen within Service Standard #2 which states "A Borrowing Bylaw shall be initially advertised within 7 days after first reading has occurred."
With the St. Albert Gazette modifying their publication frequency to only once per week on Wednesdays, with a first reading of a bylaw on a Monday or Tuesday it is no longer possible to meet the timelines within the policy.
To ensure both the policy intent is maintained and to align with the St. Albert Gazette's publishing schedule, it is recommended that this standard be updated to reflect that the initial advertisement will take place within 10 days rather than 7.
STAKEHOLDER COMMUNICATIONS OR ENGAGEMENT
N/A
IMPLICATIONS OF RECOMMENDATION(S)
Financial:
None at this time
Legal / Risk:
It is important to ensure that Council Policies remain up to date and relevant to the current situation.
Program or Service:
None at this time
Organizational:
None at this time
ALTERNATIVES AND IMPLICATIONS CONSIDERED
If Council does not wish to support the recommendation, the following alternatives could be considered:
Alternative 1. Do not amend the policy. As it is currently not possible to be compliant with this section of the policy, all borrowing bylaws being brought for first reading will require a secondary motion to waive that section of the policy until such time as the St. Albert Gazette amends their publication schedule that would once again make this timeline possible.
body
Report Date: June 8, 2021
Author(s): Diane McMordie
Department: Financial Services and Information Technology
Deputy Chief Administrative Officer: Kerry Hilts
Chief Administrative Officer: Kevin Scoble