Coordinated Approach to School Site Procurement
NOW THEREFORE BE IT RESOLVED THAT the Alberta Urban Municipalities Association formally request that the relevant Provincial Departments (currently Municipal Affairs, Learning and Infrastructure) develop the necessary legislation, policy and procedures to ensure early and fulsome engagement with urban municipalities in the planning for and the announcement of new school sites for the purpose of assisting urban municipalities in preparing for what is specifically required of them; helping to identify what issues a municipality may need to address; providing assistance where needed to actually achieve the siting of the school and surrounding uses in a manner that is timely and does not burden local taxpayers.
WHEREAS the responsibility to provide school sites in accordance with the relevant provisions of the Municipal Government Act (Sections 661-677 specifically) falls very disproportionately to urban municipalities in Alberta given that schools in an urban municipality not only serve the internal population, but frequently serve surrounding rural areas placing an inequitable burden on urban municipalities for the costs associated with providing the required school sites, associated infrastructure and surrounding uses;
WHEREAS urban municipalities face legislative constraints and market conditions that limit their authority/ability in terms of what can be required of developers in terms of school sites and surrounding uses and, as is often the case, by when developers must provide the same; and,
WHEREAS the Province has both the ultimate responsibility and the resources to fund public education facilities, not municipal tax payers.
The announcement of a new school for a community should always be great news, without qualification. Despite the excitement that surrounds the prospect of a new school, urban municipalities are too often put in the position of scrambling to provide a required site that meets the expectations and needs of the other parties involved – i.e.: the Province and the school divisions. Urban municipalities too often are only peripherally involved in the Province’s and school divisions’ planning for schools or not involved at all. These circumstances can place an urban municipality under a great deal of pressure when an announcement is made making the actual assembly and delivery of a school site very burdensome in terms of the time needed and the financial resources required, which they often do not have. Working with the Province and school divisions more closely, collaboratively and earlier on in the process would give urban municipalities the opportunity to better plan and prepare for the actual provision of the required school sites. The on-going dialogue would also help inform the other parties involved, particularly the Province, of the development realities and financial burdens that urban municipalities face in undertaking their role in school site provision.
The Honourable David Eggen, Minister of Education, sent a letter dated January 21, 2016, stating that he agrees municipalities and school authorities should be aware of what they are expected to contribute in the process of building a new school.
The Minister mentioned two resources published by Education to support collaborative school site planning:
- The School Capital Manual, which addresses the respective roles and responsibilities of government, the municipality, and the school authority
- The Guidelines for Planning School Sites, which clarifies respective roles and responsibilities in the process leading to the construction of schools and playing fields.
The Minister also noted that one of AUMA’s 2014 resolutions stated "that the Government of Alberta, when developing new schools, fulfill the role of a contractor and share the costs associated with the development of the lands for the placement of a school structure." The Minister stated that this recommendation “requires further analysis related to the nature, extent and cost of the proposed new role for government, as well as the implications associated with such a change. Alberta Education’s capital funding does not currently cover such items, and the School Capital Manual states that total project cost does not include extraordinary site costs. site acquisitions, access roads to the site, services to the site or any other landscaping features beyond a five-metre perimeter of the building envelope. The school jurisdiction should work in consultation with the local municipality and the site developers to ensure these items are addressed.”
AUMA met with the Office of the Auditor General to provide input into the Minister of Education’s request for an investigation into delays in the construction of schools. This provided an opportunity to profile our resolutions and the recommendations that were formulated a few years ago on the planning, communication and funding of schools. Unfortunately the Auditor’s report released in April 2016 did not reflect input from AUMA on school sites, nor acknowledge the key role municipalities play in developing school sites.
As Municipal Affairs advised that no changes would be made to MGA provisions pertaining to reserves without the support of the Minister of Education, AUMA shared our positions with the Minister in August 2016 and asked for a joint meeting with Municipal Affairs, the Alberta School Board Association, and AAMDC to determined what MGA changes are appropriate. There was no response from the Minister, but Municipal Affairs announced in late November that the spring 2017 MGA changes would require mandatory joint use agreements and would consider land benefit areas. AUMA’s response to the spring 2017 Bill reminded the province that there are outstanding issues.
Bill 8, An Act to Strengthen Municipal Government, was passed in spring 2017. This bill mandates school boards and municipalities to enter into joint use agreements, and provide municipalities with increased flexibility to use a ‘benefiting area contribution structure’. This structure supports land dedication and development parameters with respect to assembly of parks and school sites.