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HomeMy WebLinkAbout2020.03.10 Council Adopted Package COUNCIL MEETING AGENDA 1600-2nd Street NE Three Hills, AB T0M 2A0 March 10, 2020 8:30 a.m. CALL MEETING TO ORDER 1.0 Agenda 1.1 Additions to the Agenda 1.2 Adoption of the Agenda 2.0 Approval of Minutes 2.1 Regular Council Meeting Minutes of February 25, 2020 3.0 Delegations 3.1 Welltraxx, Kris Bower @ 11:00 a.m. 4.0 Public Hearings No Public Hearings Scheduled 5.0 Municipal Services 5.1 Transportation No Report 5.2 Water/Wastewater/Environment No Report 5.3 Planning 5.3.1 Rocky View County & Kneehill County Intermunicipal Development Plan 5.3.2 Drumheller & Kneehill County Intermunicipal Development Plan 5.3.3 Development Application 3815-20-D; Direct Control 5 Micro Cannabis Cultivation Facility 5.4 Agricultural Service Board & Parks No Report 5.5 Protective Services 5.5.1 Annual Appointment of Fire Guardians 5.5.2 Emergency Communications System Upgrade Project 6.0 Corporate Services 6.1 Provincial Budget and Policy Impacts March 10, 2020 Council Meeting Agenda Page 2 of 2 7.0 Business Arising from Previous Minutes 7.1 Three Hills Victim Services Request 8.0 New Business 8.1 Bylaw 1820- Central Alberta Regional Assessment Review Board Bylaw 8.2 Rural Municipalities of Alberta (RMA) Spring Resolutions 8.3 Alberta Focused Reception at FCM 8.4 Kneehill-Carbon Intermunicipal Collaboration Framework Agreement 8.5 Kneehill-Linden Intermunicipal Collaboration Framework Agreement 8.6 Kneehill-Three Hills Intermunicipal Collaboration Framework Agreement 8.7 Trochu Lagoon Request 9.0 Disposition of Delegation & Public Hearing Business 9.1 Welltraxx Delegation 10.0 Council and Committee Reports 10.1 Community Futures Wildrose 10.2 Policing Action Committee 11.0 Council Follow-up Action List 12.0 Closed Session 12.1 Disclosure Harmful to Economic and Other Interests of Public Body (Section 25) 12.2 Legal (Section 24) 13.0 Motions from Closed Session Adjournment 1 ________ Initials MINUTES OF THE FEBRUARY 25, 2020 REGULAR MEETING OF THE COUNCIL OF KNEEHILL COUNTY HELD AT THE KNEEHILL COUNTY OFFICE, 1600- 2ND STREET NE, THREE HILLS, ALBERTA PRESENT: Division No. 1 Faye McGhee, Deputy Reeve Division No. 2 Debbie Penner, Councillor Division No. 4 Glen Keiver, Councillor Division No. 5 Jim Hugo, Councillor Division No. 6 Wade Christie, Councillor Division No. 7 Kenneth King, Councillor ABSENT: Division No. 3 Jerry Wittstock, Reeve (Absent) ALSO PRESENT: Chief Administrative Officer Mike Haugen Director Municipal Services Laurie Watt Director Corporate Services Bill McKennan Manager of Planning and Development Barb Hazelton Recording Secretary Carolyn Van der Kuil Communications Officer Christine Anderson CALL TO ORDER Deputy Reeve McGhee in the Chair Deputy Reeve McGhee called the meeting to order at 8:30 a.m. AGENDA 1.0 Agenda 1.1 Additions to the Agenda Additions under Council and Committee Reports 10.1 Drumheller & District Solid Waste 10.2 RMRF Law Seminar ADOPTION OF AGENDA 1.2 Adoption of Agenda 69/2020 Councillor Christie moved approval of the agenda as amended. CARRIED MINUTES 2.0 Minutes 2.1 Regular Council Meeting Minutes of February 11, 2020 70/2020 Councillor King moved approval of the February 11, 2020 Council Meeting minutes as presented. CARRIED COUNCIL MINUTES OF FEBRUARY 25, 2020 2 _________ Initials MUNICIPAL SERV 5.0 Municipal Services PLANNING 5.3 Planning 5.3.1 Village of Acme & Kneehill County Intermunicipal Development Plan 71/2020 Councillor Penner moved reading of Bylaw 1807 for the Village of Acme and Kneehill County Intermunicipal Development Plan. CARRIED UNANIIMOUSLY 72/2020 Councillor Christie moved to schedule the Public Hearing for the Village of Acme/Kneehill County IDP, as per Section 606 of the Municipal Government Act, to be held on March 24, 2020 at 10:00 a.m. CARRIED UNANIMOUSLY 5.3.2 Communications Plan, Draft Land Use Bylaw 1808 73/2020 Councillor Christie moved to approve the attached Communications Plan for the proposed Land Use Bylaw 1808 as presented. CARRIED 74/2020 Councillor Keiver moved schedule an Open House for the draft Land Use Bylaw 1808 on April 2, 2020 from 3:30 – 6:30 to be held at the Kneehill County Office. CARRIED NEW BUSINESS 8.0 New Business 8.1 Three Hills Victim Services Request 75/2020 Councillor Christie moved to table the Three Hills Victim Services Request until a financial statement is provided. CARRIED UNANIMOUSLY 8.2 Intermunicipal Collaboration Framework Agreement Mountain View County 76/2020 Councillor King moved to approve the Intermunicipal Collaboration Framework Agreement with Mountain View County as presented. CARRIED UNANIMOUSLY 8.3 Intermunicipal Collaboration Framework Agreement Starland County 77/2020 Councillor Christie moved to approve the Intermunicipal Collaboration Framework Agreement with Starland County as presented CARRIED UNANIMOUSLY COUNCIL MINUTES OF FEBRUARY 25, 2020 3 _________ Initials 8.4 Intermunicipal Collaboration Framework Agreement County of Stettler 78/2020 Councillor Keiver moved to approve the Intermunicipal Collaboration Framework Agreement with the County of Stettler as presented. CARRIED UNANIMOUSLY 8.5 Intermunicipal Collaboration Framework Agreement Rocky View County 79/2020 Councillor King moved to approve the Intermunicipal Collaboration Framework Agreement with Rocky View County as presented CARRIED UNANIMOUSLY 8.6 Intermunicipal Collaboration Framework Agreement Wheatland County 80/2020 Councillor Penner moved to approve the Intermunicipal Collaboration Framework Agreement with Wheatland County as presented CARRIED UNANIMOUSLY 8.7 Intermunicipal Collaboration Framework Agreement Town of Trochu 81/2020 Councillor Christie moved to authorize the Reeve and CAO to execute the Trochu Transportation Agreement as presented. CARRIED UNANIOUSLY 82/2020 Councillor King moved to authorize the Reeve and CAO to execute the Trochu Fire Services Agreement as presented. CARRIED UNANIMOUSLY 83/2020 Councillor Christie moved to authorize the Reeve and CAO to execute the Trochu Fire Hall Lease Agreement as presented. CARRIED UNANIMOUSLY 84/2020 Councillor King moved to authorize the Reeve and CAO to execute the Trochu Recreation Agreement as presented. CARRIED UNANIMOUSLY 85/2020 Councillor Keiver moved to authorize the Reeve and CAO to execute the Trochu Transfer Site Agreement as presented CARRIED UNANIMOUSLY 86/2020 Councillor Christie moved First Reading to Bylaw 1818 to adopt the Kneehill Trochu Intermunicipal Collaboration Framework. CARRIED UNANIMOUSLY COUNCIL MINUTES OF FEBRUARY 25, 2020 4 _________ Initials 87/2020 Councillor Penner moved Second Reading to Bylaw 1818 to adopt the Kneehill Trochu Intermunicipal Collaboration Framework CARRIED UNANIMOUSLY 88/2020 Councillor Keiver moved to give consent for Third Reading to Bylaw 1818 to adopt the Kneehill Trochu Intermunicipal Collaboration Framework at this meeting. CARRIED UNANIMOUSLY 89/2020 Councillor King moved Third Reading to Bylaw 1818 to adopt the Kneehill Trochu Intermunicipal Collaboration Framework. CARRIED UNANIMOUSLY 8.8 2020 Discovery Fair 90/2020 Councillor Penner moved to host the Kneehill County Discovery Fair Ratepayer Evenings located in Torrington and Carbon within the month of August. CARRIED COUNCIL REPORTS 10.0 Council and Committee Reports 10.1 Drumheller & District Solid Waste- Councillor Penner provided a verbal report. 10.2 RMRF Law Seminar- Deputy Reeve McGhee provided a verbal report on the seminar she attended. 91/2020 Councillor Christie moved that Council receive the Council and Committee reports as presented. CARRIED COUNCIL ACT LIST 11.0 Council Follow-Up Action List 92/2020 Councillor King moved that Council receive the February 25, 2020 Council Follow-Up Action List as presented for information. CARRIED The Chair called for a recess at 9:29 a.m. and called the meeting back to order at 9:44 a.m. with all previously mentioned members present. CLOSED SESSION 12.0 Closed Session 93/2020 Councillor King moved that Council convene in closed session to discuss Legal and Intergovernmental Relations pursuant to section 24 and section 21 of the Freedom of Information and Protection of Privacy Act, at 9:46 a.m. CARRIED COUNCIL MINUTES OF FEBRUARY 25, 2020 5 _________ Initials The following people were in attendance of the closed session to provide a report and advise Council: Mike Haugen, CAO Laurie Watt, Director of Municipal Services Bill McKennan, Director of Corporate Services Barb Hazelton, Manager of Planning and Development Carolyn Van der Kuil, Recording Secretary 94/2020 Councillor Penner moved that Council return to open meeting at 11:51 a.m. CARRIED 11:51 a.m. – meeting recessed to allow return of public. 11:51 a.m. - meeting resumed. 13.0 Motions from Closed Session 95/2020 Councillor King moved that Council proceed with the Badlands Motorsports Resort Development Agreement as discussed. CARRIED UNANIMOUSLY 96/2020 Councillor Christie moved that Council encourage the Town of Trochu to make application to the Minister of Municipal Affairs for the authority to exceed the Town’s debt limit for the purposes of constructing Seniors’ Housing Accommodations. CARRIED ADJOURNMENT Adjournment The meeting adjourned at 11:56 a.m. ________________________ Faye McGhee Deputy Reeve _______________________ Mike Haugen CAO Presentation Request Form GUIDELINES Persons interested in requesting a presentation to Kneehill County Council must supply all pertinent information including handouts, PowerPoint Presentations, etc. 6 business days prior to the Regular Council Meeting. Presentations are not to exceed 15 minutes, including questions, unless permitted by Council. Please submit completed form to carolyn.vanderkuil@kneehillcounty.com PRESENTER DETAILS Name: Kris Bower Company or Group Represented: WellTraxx Contact Number: 1-403-548-0789 Email: Kris.bower@welltraxx.com Regular Council Meeting Date: Tuesday, March 10th, 2020 @ 11:00 a.m. Committee of the Whole Meeting Date: MEETING DETAILS Please Note: Regular Council Meetings are held the second and fourth Tuesday of every month unless otherwise posted. Please see Kneehill County Website or contact Administration for more information. Presenters are given 15 minutes; additional time may be granted by council. Presentation Request Form PRESENTATION DETAILS Will the presentation require PowerPoint facilities? Yes  No  The Presentation will address (provide a brief summary): Will summarize WellTraxx landowner services, including surface rights support. Will outline new trends within the energy industry that will require landowners to have more information and resources available to them moving forward Provide company background on WellTraxx Ltd., which specializes in surface rights contract management and oil and gas asset tracking, helping landowners across western Canada manage over 22,000 surface leases. Also work directly with 32 Saskatchewan Rural Municipalities and 7 Alberta Metis settlements. Share our strong belief that landowners should have access to professional oil and gas knowledge and management without jeopardizing energy company relationships. Expand on local oil and gas issues, including Ember rental reductions, what are ratepayer options and rights when companies only pay portions of lease rentals. Default clause discussion, including trigger of municipal tax payments. Purpose: Are you requesting a decision from Council? Yes  No  If yes, what is the decision you are asking Council to make? Continue talks on how best to keep Kneehill Landowners informed regarding energy company trends and activity • Have you included all attachments? • Does your summary contain all pertinent information? • Have you provided enough information to enable Council to make an informed decision? • Have you reviewed your presentation to ensure that it will fit within the specified timelines? Administration will contact the presenter regarding time and date of the above request. REQUEST FOR DECISION AGENDA ITEM # 5.3.1 Page 1 of 2 Version: 2019-01 Subject: Rocky View County & Kneehill County Intermunicipal Development Plan Meeting Date: Tuesday, March 10, 2020 Presented By: Laurie Watt, Municipal Services Director Link to Strat Plan: Ensuring Communications & Engagement Recommended Motion: 1. That Council move third reading of Bylaw 1805 for the Rocky View/Kneehill IDP. Background/ Proposal In the spring of 2018, amendments to the Municipal Government Act came into effect including the requirement for all municipalities who share a boundary to work together to adopt an Intermunicipal Development Plan (IDP). The purpose of these plans is to foster a collaborative planning approach for lands along the common border between the two municipalities. This will ensure that certain identified areas are viewed with regional perspective. By implementing a plan that contains both guidelines for future uses as well as agreed dispute mechanisms, urban and rural municipalities can reach agreement without negative impacts on either municipality. From the perspective of both municipalities, enhanced management of the land within the IDP area identified will prove advantageous for the long-term interests of the municipalities and their residents. Discussion/ Options/ Benefits/ Disadvantages: A proposed draft was created and the administration and the assigned Committee from both Kneehill County and Rocky View County have met to review and revise the proposed draft. The draft that has been attached is the outcome of this review. This draft notes the following objectives: • It provides a framework for collaboration when developing lands within the IDP area. • It promotes open communication between the Counties, the public, and interested stakeholders. • It promotes respect for each other’s jurisdictional autonomy and integrity. • It provides a framework for the provision of services and infrastructure required for the joint planning area that demonstrates an equitable, efficient and proactive approach. • It is a guide to collaboratively plan for lands within the IDP area that will promote opportunities for residential, commercial, industrial and economic development while minimizing land use and environmental impacts. The public hearing was held on November 26, 2019. Rocky View County required approval from the Calgary Regional Board prior to moving third reading. This approval has been received, and Rocky View County will be proceeding with third reading today also. Cost Source of Funding: N/A REQUEST FOR DECISION AGENDA ITEM # 5.3.1 Page 2 of 2 Version: 2019-01 Council Options: 1. Council move third reading of proposed Bylaw 1805. 2. Council request more information prior to third reading. Recommended Engagement: ☒ Directive Decision (Information Sharing-One way communication) Goal: To educate and inform citizens Tools: ☐ Individual Notification or ☐ Public Notification ☒ Consultative Decision (Consulting the Public – Two way communication) Goal: To seek feedback, test ideas, develop concepts and collaborative solutions Tools: ☒ Public Hearing ☐ Open House ☐ Focus Group ☐ Other- ☐ Collaborative Decision (Active Participation- Share or delegate decision making) Goal: To share or delegate decision making Tools: ☐ Participatory Decision Making ☐ Inter-Municipal Agreement ☐ Other- Attachments: Bylaw 1805 Draft Intermunicipal Development Plan including maps of proposed Plan Area Follow-up Actions: Administration will ensure the approved IDP will be posted to the website and printed copies will be made available to the public. Director Approval: Laurie Watt, Director of Municipal Services CAO Approval: Mike Haugen, Chief Administrative Officer Kneehill County Bylaw No. 1805 BYLAW No. 1805 OF KNEEHILL COUNTY, IN THE PROVINCE OF ALBERTA, BEING A BYLAW TO ADOPT THE ROCKY VIEW COUNTY / KNEEHILL COUNTY INTERMUNICIPAL DEVELOPMENT PLAN WHEREAS, Section 631(1) of the Municipal Government Act, being Chapter M-26 of the Statutes of Alberta, provides that two or more Councils must, by each passing a Bylaw, adopt an Intermunicipal Development Plan; AND WHEREAS, Council deems it desirable to adopt an Intermunicipal Development Plan with ROCKY VIEW COUNTY; AND WHEREAS, Council recognizes that the lands contained within the Intermunicipal Development Plan will remain under the jurisdiction of each respective municipality, and that the Intermunicipal Development Plan provides a basis for cooperation and communication on matters of mutual interest; AND WHEREAS, notice of the proposed Bylaw and Public Hearing was given pursuant to Section 606(2) of the Municipal Government Act, being Chapter M-26 of the Statutes of Alberta; AND WHEREAS, a Public Hearing into the proposed Bylaw was scheduled for and held on November 26, 2019 commencing at 11:00 a.m. at the Kneehill County Office; NOW THEREFORE, the Municipal Council of Kneehill County duly assembled enacts as follows: THAT THE ROCKY VIEW COUNTY / KNEEHILL COUNTY INTERMUNICIPAL DEVELOPMENT PLAN, AS ATTACHED AND FORMING PART OF THIS BYLAW BE ADOPTED. READ a first time in Council this 22nd day of October, 2019 PUBLIC HEARING held this 26th day of November 2019 at 11:00 a.m. READ a second time in Council this 26th day of November 2019. READ a third time in Council and finally passed this day of REEVE CHIEF ADMINISTRATIVE OFFICER Bylaw 1805 Revised September 12, 2019 Rocky View County and Kneehill County Intermunicipal Development Plan TABLE OF CONTENTS Introduction……………………………………………………1 Purpose of the Plan ............................................................................. 1 Municipal Profiles…………………………………………..2 Rocky View County.............................................................................. 2 Kneehill County ................................................................................... 2 Legislative Requirements……………………………….2 Plan Area……………………………………………………….3 Plan Area Characteristics ................................................................ 3 Land Use Designations .................................................................... 4 Intermunicipal Land Use Policies……………………4 General Land Use Policies ................................................................... 4 Referrals .............................................................................................. 4 Agriculture .......................................................................................... 5 Resource Extraction & Renewable Energy Development ................... 6 Environmental & Open Spaces ........................................................... 6 Transportation .................................................................................... 7 Plan Administration & Implementation………….8 Intermunicipal Committee .............................................................. 8 Functions of the Committee ........................................................... 8 Adoption, Amendment & Repeal Process....................................... 8 Dispute Resolution ......................................................................... 9 Definitions……………………………………………………10 1 | P a g e I. INTRODUCTION PURPOSE OF THE PLAN The purpose of the Kneehill County and Rocky View County Intermunicipal Development Plan (IDP) is to foster a collaborative planning approach for lands along the common border between the two counties (See Map 1). The Municipal Government Act (MGA) mandates municipalities that share a common boundary to develop an Intermunicipal Development Plan. Municipalities across the Province of Alberta are experiencing unprecedented growth. Local economies based on oil and gas, agriculture and business are thriving, attracting people to live and work in Alberta. More so, rural and regional communities are encountering development pressures. Shared borders can present potential conflicts if land uses and/or activities are incompatible. When municipalities work in isolation, the land use occurring on one side of the boundary can significantly impact adjacent land uses on the other. Municipalities are mandated to work together to adopt IDPs to:  promote consultation, coordination and cooperation regarding planning matters of joint interest within a defined planning area;  provide a framework for addressing land use concerns with regard to joint planning matters;  establish procedure for dealing with development proposals within a defined planning area; and  address any other matters relating to development considered necessary within a joint planning area. An IDP is a planning tool that can provide numerous benefits to participating municipalities, which may include, but are not limited to the following:  reinforcing and protecting both municipalities’ development philosophies and goals while mitigating the potential for future intermunicipal conflict;  municipal cost-savings, as a result of infrastructure and service sharing, which also provides residents with a higher quality of life; and  ensuring development for both municipalities occurs in an orderly, economic, efficient and harmonious manner that is sustainable by considering existing development conditions and future municipal goals. 2 | P a g e The Plan contains policy that is to be used as a framework for working cooperatively, communicating and making decisions in each municipality. As such, the IDP must also provide for the following:  Dispute resolution procedures;  A process to amend or repeal the Plan; and  Documentation for administration of the Plan. These procedures will provide more clarity between the partnering municipalities to ensure the administrative functions required through the Plan are understood. Each municipality is ultimately responsible for making decisions within their own municipal jurisdiction. II. MUNICIPAL PROFILES ROCKY VIEW COUNTY Rocky View County is a municipality located in southern Alberta. With clear views to the Rocky Mountains to the west, it is a desirable location to live. Rocky View County is the most populous municipal district in Alberta, with a population of 39,407. It surrounds most of the City of Calgary and is home to 13 hamlets. KNEEHILL COUNTY Kneehill County is located in south-central Alberta, situated between Red Deer County to the north, Mountain View County to the west, and Starland County to the east. The majority of the land is zoned for agricultural uses, allowing the population of 5,001 to enjoy a rural way of life. Oil and gas is the second major industry in the region. The eastern border of Kneehill County runs along the Red Deer River valley down to the heart of the Canadian Badlands, making tourism a viable market opportunity. III. LEGISLATIVE REQUIREMENTS The IDP was prepared in accordance with the requirements of Sections 631, 636 and 638.1 of the Municipal Government Act (MGA). These sections mandate that an IDP between neighbouring municipalities must be adopted, and that the document address the following items:  Future land use;  Future development;  The provision of transportation systems;  Financing infrastructure;  Co-ordination of physical, social, and economic programs;  Environmental matters; and  Provision of services. South Saskatchewan Regional Plan (SSRP) The South Saskatchewan Regional Plan establishes a long-term vision for the South Saskatchewan Region and aligns provincial policies at the regional level to balance Alberta’s economic, environmental and social goals. The regional plan also includes strategies for responsible energy development, sustainable farming and ranching, recreation, forest management, and nature-based tourism. It has been established under the Alberta Land Stewardship Act, and the Land Use Framework. Rocky View County falls within the SSRP area boundaries, and since, pursuant to the Alberta Land Stewardship Act, a regional plan is “an expression of 3 | P a g e the public policy of the Government of Alberta”, Rocky View County is required to comply with the regulations of this plan. Calgary Metropolitan Regional Board (CMRB) The Calgary Metropolitan Regional Board was established to promote sustainable and environmentally responsible land-use planning and the coordination of regional infrastructure and services in an economically competitive manner. To this end, the CMRB has adopted a Growth Plan to address matters concerning regional planning and development. The Board requires that any statutory plan adopted by a member municipality satisfy the Growth Plan. While Rocky View County is a member municipality within the CMRB and is therefore subject to the requirements of this plan, Kneehill County is not. Regardless, Kneehill County and Rocky View County IDP has been drafted in consideration of the principles of the regional plan. IV. PLAN AREA PLAN AREA CHARACTERISTICS The Plan Area consists of an area approximately 1.6 km (1 mile) on either side of the shared municipal border. This Plan Area includes approximately 34 sections of land or 8806 hectares (21,760 acres) and is illustrated on Map 2 Key characteristics of the Plan Area include the following: AGRICULTURE & SOIL  Agriculture is the primary land use of the area  There is a mix of agricultural operations including grazing and crops  The region contains a variety of soil characteristics from CLI level 1-3 NATURAL LANDSCAPE  There are limited areas of natural habitat remaining due to agricultural activity  There are no Environmentally Significant Areas noted in the subject lands TRANSPORTATION INFRASTRUCTURE  Highway 806 runs through the Plan Area from north to south  Highway 9 runs east/west, south of the Plan Area in Rocky View County RESIDENTIAL DEVELOPMENT  There is minimal residential development within the Plan Area, primarily farmsteads and acreages. 4 | P a g e ENERGY  There are numerous well sites and pipelines within the Plan Area LAND USE DESIGNATIONS The existing land use designations are determined by each county’s land use bylaw and are predominantly agricultural. V. INTERMUNICIPAL LAND USE POLICIES The land use policies contained in this Plan are intended to provide direction to Rocky View County and Kneehill County administration, subdivision and development authorities and Councils to encourage and manage the future development of lands contained within the Plan Area. GENERAL LAND USE POLICIES INTENT The general land use policies address matters that apply to the entire Plan Area and are intended to provide an overall guiding direction for the IDP. Each municipality will still maintain complete jurisdiction on lands within their own boundaries. POLICIES 1. The primary land use in the Plan Area is predominantly agriculture and grazing. Non-agricultural uses should be aligned with each municipality’s municipal development plan and should consider interface or transition tools such as fencing, controlled access and site design, environmental stewardship, and environmental education. 2. The municipalities, as per this Plan, shall strive to engage in effective dialogue when considering land use in the Plan Area while still maintaining complete jurisdiction on lands within their own boundaries. 3. The municipalities may collaborate and investigate methods of giving support to projects that may mutually benefit or enhance the quality of life of residents from both municipalities. This could be in the form of in-kind donations, materials, municipal letters of support, unified government lobbying, application for grants, or other more permanent arrangements upon mutual agreement. 4. Both municipalities agree to jointly discuss ways to cooperate with provincial and federal agencies and utility providers to help facilitate the efficient delivery of infrastructure and services that are of a mutual benefit. REFERRALS INTENT In order to ensure that the municipalities are aware of potential developments within the Plan Area, notification and communication is required. The following policies establish a referral process where each municipality can provide comments regarding proposed changes. 5 | P a g e POLICIES 1. Where required by the MGA, the relevant Land Use Bylaw and any statutory plans, or the policies of this plan, applications affecting lands within the Plan Area shall be referred to: a. the adjacent municipality; and b. landowners within the adjacent municipality. 2. Where required by the MGA, a relevant statutory plan or land use bylaw, or the policies of this Plan, applications located outside of the Plan Area may be referred to the adjacent municipality. 3. The municipality in receipt of referral of an application within the adjacent municipality should consider potential impact to the following: a. Municipal roadways b. Utilities c. Stormwater and drainage d. Adjacent land use e. Environmental matters f. Other matters 4. Where required by the MGA or the policies of this Plan, both municipalities agree to provide the contact information necessary to refer application information to residents of the adjacent municipality. AGRICULTURE INTENT Agriculture and grazing will continue to be the primary land use in the Plan Area, and non-agricultural uses should be considered only in such areas where they will not negatively impact agriculture and grazing. POLICIES 1. Agriculture and grazing are the primary use in the Plan Area. 2. Both municipalities will strive to work cooperatively to encourage good neighbour farming practices, such as dust, weed and insect control, adjacent to developed areas through best management practices and Alberta Agriculture guidelines. 3. If disputes or complaints in either municipality should arise between ratepayers and agricultural operators, the municipality receiving the complaint shall strive to direct the affected parties to the appropriate agency, government department or municipality for consultation or resolution wherever necessary. 6 | P a g e RESOURCE EXTRACTION & RENEWABLE ENERGY DEVELOPMENT INTENT Resource extraction is recognized as important to the local economy and to the maintenance of transportation routes and other infrastructure. However, impacts from resource extraction operations may affect nearby lands and must be addressed through proper siting and operation practices. POLICIES 1. Applications for a new or expanded aggregate extraction operation within the Plan Area shall be referred to the adjacent municipality. 2. Applications for a new or expanded aggregate extraction operation that proposes the use of roadways within the jurisdiction of the adjacent municipality shall be referred to the adjacent municipality. Either municipality may require an agreement regarding the construction, repair, and maintenance of any municipal roads which may be impacted by natural resource extraction development, when the development requires access to come from the other municipality’s road. 3. Necessary agreements will be required prior to an application being ‘deemed complete’. 4. Applications for a new or expanded renewable energy development within the Plan Area shall be referred to the adjacent municipality. Examples include, but are not limited to; solar power facilities, wind farms, and hydro-electric facilities 5. Applications for new or expanded telecommunications towers within the Plan Area shall be referred to the adjacent municipality. Applicants shall be requested to co-locate telecommunications facilities on existing towers where feasible. ENVIRONMENTAL & OPEN SPACE POLICIES INTENT Environmental features do not follow pre-defined boundaries, and impacts to natural areas within one municipality can have an effect on the other side of the border. This section aims to ensure that natural areas are respected, and allows for opportunities to enhance these features where appropriate. POLICIES 1. Applications affecting wetlands and/or riparian areas located within the Plan Area shall be circulated to the adjacent municipality. 7 | P a g e 2. Applications affecting wetlands and/or riparian areas located within the Plan Area should be assessed in accordance with the environmental policies of the relevant plans for the municipality in which it was received. 3. The municipalities will encourage the preservation of environmentally significant areas within the Plan Area. 4. Development on slopes and river valleys within natural areas is generally discouraged. However, where development is proposed on these natural features, it will proceed only in accordance with the respective municipality’s statutory plans, applicable bylaws, and other municipal policies and regulations. 5. Either municipality shall refer to the other municipality any new or amended municipal bylaw or policy pertaining to environmental or biophysical matters within the Plan Area. 6. The municipalities support the alignment and connection of open space pathways in the defined plan area. TRANSPORTATION INTENT It is important that each municipality take into consideration the impact of development on municipal roads located within the Plan Area that for the area’s transportation infrastructure. POLICIES 1. Each municipality shall be notified of any subdivision or development proposal in the other municipality that will result in access being required from a road under its control or management. The affected municipality may request to obtain any associated traffic studies and must give its’ comments in writing within the notification period. If comments are not received within the notification period, it will be determined the municipality has no concerns. 2. Each municipality shall be notified of any road closure or development of an undeveloped road that will result in the potential for access to be increased, decreased or removed for a road under the control or management of the adjacent municipality. The affected municipality may request to obtain any associated traffic studies and must give its comments in writing within the notification period. If comments are not received within the notification period, it will be determined the municipality has no concerns. 3. Either municipality may require a developer to enter into a road use agreement to control traffic, manage dust control or maintenance issues if access to the development is required from a road under its’ control or jurisdiction. 4. The road network shall be maintained by the municipality having jurisdiction, unless a separate agreement specifies joint maintenance, maintenance swap, or any other terms acceptable to both municipalities. 8 | P a g e VI. PLAN ADMINISTRATION & IMPLEMENTATION The administration and implementation of this Plan is intended to be an ongoing process to ensure it is maintained and remains applicable. This will assist Rocky View County and Kneehill County administrations, subdivision and development authorities and Councils with the initial and ongoing execution of this Plan over its lifespan. Intermunicipal Committee INTENT The implementation of this Plan is intended to be an ongoing process to ensure it is maintained and remains applicable. A committee with joint representation will ensure continued dialogue and cooperation, as the purpose of this committee is to promote active cooperation and conflict resolution through a consensus-based approach. POLICIES 1. For the purposes of administering monitoring of the IDP, Rocky View County and Kneehill County will establish the Intermunicipal Committee (the Committee) as defined in accordance with the Intermunicipal Collaboration Framework. 2. Meetings of the Committee shall be held on an “as needed basis”, or at the request of either municipality. Committee meetings should be held as soon as possible if any conflict arises, or if any matter is brought before it. 3. The municipality that called the meeting of the Committee shall host and chair the meeting and is responsible for preparing and distributing agendas and minutes. 4. Both Councils agree the Committee is not a decision making body and that the Committee shall issue a written response in the form of comments and/or recommendations to the appropriate decision making body. FUNCTIONS OF THE COMMITTEE INTENT Both municipalities agree that the main functions of the Committee are the following: 1. Create a forum for dialogue on issues of common interest and concern; 2. Address concerns regarding the policies of the Plan; 3. Address proposed amendments to the Plan; 4. Engage in resolving any conflicts or disputes which arise from this Plan – both municipalities will equally share costs associated with using outside assistance to resolve a dispute; and 5. Address any other land use issues deemed appropriate, but which are not explicitly identified in the Plan. ADOPTION, AMENDMENT, & REPEAL PROCESS INTENT This section acknowledges the adoption of the plan, and provides requirements for ongoing monitoring. Additionally, the policies recognize that periodic amendments may be required. 9 | P a g e POLICIES 1. The policies of this Plan apply to the lands located within the Plan Area. 2. This plan comes into effect following adoption by the respective Councils of Rocky View County and Kneehill County. 3. The municipalities agree to comply with the adopted relevant regional plan strategies. 4. Rocky View County is a member municipality in the Calgary Metropolitan Regional Board (CMRB), and is therefore subject to the requirements of the CMRB and the Interim Regional Growth Plan (IGP). Participation with Rocky View County in the adoption of this IDP does not subject Kneehill County to the requirements of the CMRB and the IGP. 5. Amendments to the IDP shall receive direction from both Councils prior to proceeding and shall be jointly prepared by both administrations. 6. Amendments to the Plan shall not come into force until they are adopted by the Councils of both municipalities, in accordance with the requirements of the MGA. 7. A Bylaw to repeal this IDP may be considered by both Councils if: a. The repealing Bylaw considers a new IDP, or b. If the repealing Bylaw complies with Provincial legislation. DISPUTE RESOLUTION INTENT This plan is designed to facilitate communication and cooperation among the municipalities. While understanding that each municipality has the right to make decisions within their boundaries, it is acknowledged that these decisions can have an impact beyond their borders. POLICIES In order to ensure that the relationship between the two municipal neighbours remains strong, Kneehill County and Rocky View County agree to the following: 1. The municipalities respect the right to maintain jurisdiction over decisions made within their boundaries. 2. The municipalities understand the potential for those decisions to impact the adjacent municipality. 3. The municipalities understand the importance of notification and communication with the adjacent municipality in order to ensure that potential concerns are addressed. PROCESS 1. It is the desire of both municipalities to promote public confidence in the leadership of both municipalities by encouraging intermunicipal cooperation and self-directed dispute resolution processes. 2. Should either municipality identify a potential concern related to an application referral provided through the policies of this plan, written notification shall be provided at the administration level. 3. Rocky View County and Kneehill County have a mutual commitment to resolve any disputes brought forward and shall make a good faith attempt at resolving perceived disputes prior to mediation. 10 | P a g e 4. Prior to any meeting to discuss a potential dispute, each municipality through its administration, will ensure the facts of the issue have been investigated and clarified, and information is made available to both parties. 5. Any matter of Intermunicipal concern between the municipalities shall first be informally discussed by relevant administrative officials employed by Rocky View County and Kneehill County, culminating with discussions between the Chief Administrative Officers with the goal of resolving the concern. 6. Should the Chief Administrative Officers fail to resolve the dispute, the dispute will be referred to the Committee. 7. The Committee will convene to consider and attempt to resolve the dispute by consensus. In the event a resolution in not achieved by the 30th day following the first meeting of the Committee, either municipality may refer the dispute to mediation. 8. The formal dispute resolution process may only be initiated by either County Councils. 9. The services of a mutually agreed upon Mediator will be retained, with the mediator to present a written recommendation to both Councils. The costs of mediation shall be shared equally between both municipalities. 10. Should a dispute involve an application subject to Section 690(1) of the MGA, the municipalities may submit an appeal to the Municipal Government Board within 30 days of adoption in order to maintain the right to appeal. 11. Notwithstanding the above, the appeal may be withdrawn prior to the Municipal Government Board hearing should an agreement be reached to the satisfaction of the municipalities. 12. If the matter of Intermunicipal concern is not resolved through third party mediation, either municipal Committee may recommend to their respective Council to pursue arbitration. VII. DEFINITIONS Adjacent Land(s): Land that abuts or is contiguous to the parcel of land that is being described and includes land that would be contiguous if not for a highway, road, lane, walkway, watercourse, utility lot, pipeline right-of-way, power line, railway or similar feature and any other land identified in the land use bylaw as adjacent for the purpose of notifications under the Municipal Government Act, Revised Statues of Alberta 2000, M-26 with amendments. Agricultural Areas: means lands within the Plan Area that are not located within the boundaries of a statutory plan (such as an area structure plan, conceptual scheme, or master site development plan). Agricultural Operation: If not defined in the municipality’s Land Use Bylaw, it is an agricultural activity conducted on agricultural land for gain or reward or in the hope of expectation of gain or reward, and can include, but is not limited to: 11 | P a g e a. the cultivation of land; b. the raising of livestock, including game-production animals within the meaning of the “Livestock Industry Diversification Act” and poultry; c. the raising of fur-bearing animals, pheasants or fish; d. the production of agricultural field crops; e. the production of fruit, vegetables, sod, trees, shrubs and other specialty horticultural crops; f. the production of eggs and milk; g. the production of honey (apiaries); h. the operation of agricultural machinery and equipment, including irrigation pumps on site; i. the application of fertilizers, insecticides, pesticides, fungicides, and herbicides, including application by ground and aerial spraying, for agricultural purposes; j. the collection, transportation, storage, application, use transfer and disposal of manure; k. the abandonment and reclamation of confined feeding operations and manure storage facilities. l. does not include cannabis cultivation production for either medical or recreational use. Alberta Land Stewardship Act (ALSA): The Alberta Land Stewardship Act Statues of Alberta, 2009 Chapter A-26.8, as amended. Arbitration: A process to resolve disputes outside the courts. An arbitration decision is legally binding on both sides and enforceable in the courts. Area Structure Plan (ASP): A statutory plan in accordance with the Municipal Government Act (MGA) for the purpose of providing a framework for subsequent subdivision and development of an area of land in a municipality. The Plan typically provides a design that integrates land uses with the requirements for suitable parcel densities, transportation patterns (roads), stormwater drainage, fire protection and other utilities across the entire Plan Area. Conservation Easement: A voluntary agreement between a landowner and a conservation organization or government agency. The intent of the Conservation Easement is to protect the ecological, scenic, and or agricultural values of the land. The agreement is placed on title, and the landowner continues using the land subject to the specific restrictions in the easement. Council(s): The Council of Kneehill County and the Council of the Rocky View County in the Province of Alberta. Development: As defined by the Municipal Government Act in Part 17, section 616, means a) an excavation or stockpile and the creation of either of them; b) a building or an addition to or replacement or repair of a building and the construction or placing of any of them on, in, over or under land; c) a change of use of land or a building or an act done in relation to land or a building that results in or is likely to result in a change in the use of the land or building; or d) a change in the intensity of the land or a building or an act done in relation to land or a building that results in or is likely to result in a change in the intensity of use of the land or building. 12 | P a g e Discretionary Use: The use of land or a building in a land use district for which a development permit may be approved at the discretion of the Development Authority with or without conditions. Dispute Resolution Process: Includes a wide range of processes, including mediation and arbitration or various forms of, with each being an alternative to litigation, designed to meet the unique needs of the parties involved or the dispute at hand. Environmental Reserve: Regulated through the Municipal Government Act (MGA), it is the transference of land from the landowner to the municipality through the subdivision process. The lands can consist of water bodies, steep slopes, gullies, or drainage courses, and would be required to remain in its natural state. Environmental Reserve Easement: Similar to an Environmental Reserve, the ERE however allows the title to remain under the landowner, instead of with the Municipality. Similar restrictions apply with an easement, such that the land would be left in its natural state. Environmentally Significant Areas (ESA): Meaning as defined in each subject Land Use Bylaw. Extensive Agriculture: The general raising of crops and grazing of livestock in a non-intensive nature. Intermunicipal Border: The shared border between Rocky View County and Kneehill County. Intermunicipal Committee: Those members from both municipalities appointed by resolution of Council to represent their municipality on matters relating to the Intermunicipal Development Plan and the Intermunicipal Collaboration Framework. Intermunicipal Development Plan (IDP): A statutory document, adopted by bylaw in accordance with section 631 of the Municipal Government Act, which is used by municipalities as a long-range planning tool. May: Is an operative word that means that there is a choice, with no particular direction or guidance intended. Municipalities (the Municipalities): The municipalities of Rocky View County and Kneehill County. Municipal Government Act (MGA): The Municipal Government Act Revised Statues of Alberta 2000, Chapter M-26, as amended. Municipal Development Plan (MDP): A statutory plan, adopted by bylaw in accordance with section 632 of the Municipal Government Act and used by municipalities as a long-range planning tool. Outline Plan: means a detailed Land Use plan for an area of land that is typically smaller than the land covered by an Area Structure Plan and which conforms to all Statutory Plans. An Outline Plan is adopted by resolution of Council, Pursuant to Part 17 of the Act, and is otherwise equivalent to a “Conceptual Scheme” as described in the Act. Permitted Use: The use of land or a building in a land use district for which a Development Authority shall issue a development permit with or without conditions providing all other provisions of the Bylaw are conformed with. Plan: The Rocky View County and Kneehill County Intermunicipal Development Plan. Plan Area: The lands defined in this document to which the policies of this document pertain. 13 | P a g e Ratepayer: A land owner within the municipality who pays taxes to the respective municipality and is considered a stakeholder in public matter relating to the municipality. Renewable Resource/Energy: means a Development whose Principal Use is the generation of energy for commercial or residential use, from wind, solar, geothermal or other sources that do not depend on finite, non-renewable resources such as fossil fuels. Shall: In an operative word that means the action is mandatory. Should: In an operative word that means that in order to achieve the Plan’s objectives, it is strongly advised that the action be taken. Soil Classification: The classification of soils in accordance with the Canadian Land Inventory on the basis of soil survey information, and are based on intensity, rather than kind, of their limitations for agriculture. Stakeholder: A person with an interest or concern in matters pertaining to this Plan. Statutory Plan: As per Part 17 of the Municipal Government Act, is an intermunicipal development plan, a municipal development plan, an area structure plan, or an area redevelopment plan adopted by a municipality under Division 4 of the Municipal Government Act. Subdivision and Development Authority: Within the boundary of Rocky View County means the Rocky View County Subdivision and Development Authority, and within the boundary of Kneehill County means the Kneehill County Subdivision and Development Authority. CITY OFAIRDRIE CITY OFCALGARY CITY OFCHESTERMER E TOWN OFBASSANO TOWN OFBOWDEN TOWN OFCANMORE TOWN OFCARSTAIRS TOWN OFCOCHRANE TOWN OFCROSSFIELD TOWN OFDIDSBURY TOWN OFINNISFAIL TOWN OFIRRICANA TOWNOF OLDS TOWN OFSTRATHMORE TOWN OFSUNDRE TOWN OFTHREEHILLS TOWN OFTROCHU TOWN OFDRUMHELLER VILLAGEOF ACME VILLAGE OFBEISEKER VILLAGEOF CARBON VILLAGE OFCREMONA VILLAGEOF DE LIA VILLAGEOF EL NORA VILLAGEOF HUSSAR VILLAGEOF LINDEN VILLAGEOF MORRIN VILLAGEOF MUNSON VILLAGE OFROCKYFORD VILLAGE OFSTANDARD TSUU TINAINDIANRESERVE #145 SIKSIKA INDIANRESERVE #146SIKSIKA INDIANRESERVE #146 SIKS IKAINDIANRESERVE #146 STONEY INDIANRESERVE #142 B STONEY INDIANRESERVE #142 B STONEY INDIANRESERVES #142,#143, #144 STONEY INDIANRESERVES #142,#143, #144 STONEY INDIANRESERVES #142,#143, #144 ROCKYVIEWCOUNTY KNEEHILLCOUNTY IDP PLAN AREA ROCKY VIEW COUNTY KNEEH ILL COUN TY 1 1 2 VILLAG EOF ACME VILLAGE OFBEISEKER ¬«72 ¬«9 ¬«806 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CN ES/Airbus DS, USDA, U SGS, AeroGRID,IGN, and the GIS User Community IDP PLAN AREA Municipal Boundary VILLAG EOF ACME VILLAGE OFBEISEKER ¬«72 ¬«9 ¬«806 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CN ES/Airbus DS, USDA, U SGS, AeroGRID,IGN, and the GIS User CommunityLand Use Ag riculture Airport Bu siness C ommercia l Direct Con trol Residen tia l Ind ustria l & NRI Pu blic Service VILLAG EOF ACME VILLAGE OFBEISEKER ¬«72 ¬«9 ¬«806 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CN ES/Airbus DS, USDA, U SGS, AeroGRID,IGN, and the GIS User Community Bridges Hydrology Municipal Boundary IDP PLAN AREA > > > > > > > > > > > > VILLAG EOF ACME VILLAGE OFBEISEKER ¬«72 ¬«9 ¬«806 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CN ES/Airbus DS, USDA, U SGS, AeroGRID,IGN, and the GIS User Community IDP PLAN AREA Municipal Boundary All Other Values >Abandoned Crude Oil Other Natural Gas Sour Natural Gas Wells Pipes VILLAG EOF ACME VILLAGE OFBEISEKER ¬«72 ¬«806¬«9 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CN ES/Airbus DS, USDA, U SGS, AeroGRID,IGN, and the GIS User Community Surficial Sand & Gravel Deposits IDP PLAN AREA Municipal Boundary Gravel Pits Sand & Gravel Potential Sand Sand and gravel Sand and silt Sand, silt and clay, minor gravel Sandy diamicton VILLAG EOF ACME VILLAGE OFBEISEKER ¬«72 ¬«9 ¬«806 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CN ES/Airbus DS, USDA, U SGS, AeroGRID,IGN, and the GIS User Community IDP PLAN AREA Municipal Boundary Historic Resource Value (HRV) 1 - Pr ovincial Historic Resource 2 - Registered Historic R esource 3 - Significant historic resource that will likely require avoidance 4 - Historic resource that m ay require avoidance 5 - Potential to contain a historic resource VILLAG EOF ACME VILLAGE OFBEISEKER ¬«72 ¬«9 ¬«806 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CN ES/Airbus DS, USDA, U SGS, AeroGRID,IGN, and the GIS User Community IDP PLAN AREA Municipal Boundary CLI Soi l Cla ssification 1 - No significant crop limitation 2 - Moderate limitations on crop type 3 - Moderate/severe limitations on crop type 4 - Severe limitations on crop type 5 - Restricted growth on perennial crops 6 - Capable of producing perennial crop only 7 - No crop capability or permanent pasture land O - Organic Soils VILLAG EOF ACME VILLAGE OFBEISEKER ¬«72 ¬«9 ¬«806 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CN ES/Airbus DS, USDA, U SGS, AeroGRID,IGN, and the GIS User Community IDP PLAN AREA Municipal Boundary Key Wildlife & Biodiversity Z ones Riparian Policy Areas Alberta Merged Wetland Inventory REQUEST FOR DECISION AGENDA ITEM # 5.3.2 Page 1 of 2 Version: 2019-01 Subject: Town of Drumheller & Kneehill County Intermunicipal Development Plan Meeting Date: Tuesday, March 10, 2020 Presented By: Laurie Watt, Municipal Services Director Link to Strat Plan: Ensuring Communications & Engagement Recommended Motion: 1. That Council move first reading of Bylaw 1817 for the Town of Drumheller and Kneehill County Intermunicipal Development Plan 2. That Council move to schedule the Public Hearing for the Town of Drumheller/Kneehill County IDP, as per Section 606 of the Municipal Government Act, to be held on April 14, 2020 at 11:00 a.m. Background/ Proposal In the spring of 2018, amendments to the Municipal Government Act came into effect including the requirement for all municipalities who share a boundary to work together to adopt an Intermunicipal Development Plan (IDP). The purpose of these plans is to foster a collaborative planning approach for lands along the common border between the two municipalities. This will ensure that certain identified areas are viewed with regional perspective. Bill 25 (which came into force December 5, 2019) replaced the current wording of Section 631(2) of the MGA to allow municipalities who mutually agree that an IDP is not necessary to not complete one. However, Kneehill County recognizes the value of having an IDP with our urban neighbours and so we have continued with the process to draft a plan. By implementing a plan that contains both guidelines for future uses as well as agreed dispute mechanisms, urban and rural municipalities can reach agreement without negative impacts on either municipality. From the perspective of both municipalities, enhanced management of the land within the IDP area identified will prove advantageous for the long-term interests of the municipalities and their residents. Discussion/ Options/ Benefits/ Disadvantages: A proposed draft was created and the administration and the assigned Committee from both Kneehill County and the Town of Drumheller have met to review and revise the proposed draft. The draft that has been attached is the outcome of this review. This draft notes the following objectives: • Ensure development and growth occurs in a sustainable and responsible manner; • Establish a coordinated approach to development and land use decisions along the shared municipal border; • Encourage continued communication between the municipalities; • Minimize future land use conflicts • Outline processes for resolving disputes; and • Provide landowners with greater certainty of potential land use and future development within the Plan Area. REQUEST FOR DECISION AGENDA ITEM # 5.3.2 Page 2 of 2 Version: 2019-01 The next step in the process is to provide an opportunity for public comments and feedback. The Town of Drumheller has given first reading to the draft and scheduled their public hearing for March 16, 2020. Cost Source of Funding: N/A Council Options: 1. Council move first reading of proposed Bylaw 1817. 2. Council move to schedule the Public Hearing, as per Section 606 of the Municipal Government Act, to be held on April 14, 2020 at 11:00 a.m. 3. Council move to schedule the Public Hearing for an alternate date. 4. Council move administration to provide additional information prior to proceeding with first reading. Recommended Engagement: ☒ Directive Decision (Information Sharing-One way communication) Goal: To educate and inform citizens Tools: ☐ Individual Notification or ☐ Public Notification ☒ Consultative Decision (Consulting the Public – Two way communication) Goal: To seek feedback, test ideas, develop concepts and collaborative solutions Tools: ☒ Public Hearing ☐ Open House ☐ Focus Group ☐ Other- ☐ Collaborative Decision (Active Participation- Share or delegate decision making) Goal: To share or delegate decision making Tools: ☐ Participatory Decision Making ☐ Inter-Municipal Agreement ☐ Other- Attachments: Draft Intermunicipal Development Plan including Bylaw 1817 & proposed Plan Area Maps Follow-up Actions: Notifications for the Public Hearing will be sent to all ratepayers within the IDP area. Advertising for the Public Hearing will be placed on the website as well as The Capital. Director Approval: Laurie Watt, Director of Municipal Services CAO Approval: Mike Haugen, Chief Administrative Officer Kneehill County Bylaw No. 1817 BYLAW No. 1817 OF KNEEHILL COUNTY, IN THE PROVINCE OF ALBERTA, BEING A BYLAW TO ADOPT THE TOWN OF DRUMHELLER / KNEEHILL COUNTY INTERMUNICIPAL DEVELOPMENT PLAN WHEREAS, Section 631(1) of the Municipal Government Act, being Chapter M-26 of the Statutes of Alberta, provides that two or more Councils must, by each passing a Bylaw, adopt an Intermunicipal Development Plan; AND WHEREAS, Council deems it desirable to adopt an Intermunicipal Development Plan with the TOWN OF DRUMHELLER; AND WHEREAS, Council recognizes that the lands contained within the Intermunicipal Development Plan will remain under the jurisdiction of each respective municipality, and that the Intermunicipal Development Plan provides a basis for cooperation and communication on matters of mutual interest; AND WHEREAS, notice of the proposed Bylaw and Public Hearing was given pursuant to Section 606(2) of the Municipal Government Act, being Chapter M-26 of the Statutes of Alberta; AND WHEREAS, a Public Hearing into the proposed Bylaw was scheduled for and held on _____________________commencing at _______________ at the Kneehill County Office; NOW THEREFORE, the Municipal Council of Kneehill County duly assembled enacts as follows: THAT THE TOWN OF DRUMHELLER / KNEEHILL COUNTY INTERMUNICIPAL DEVELOPMENT PLAN, AS ATTACHED AND FORMING PART OF THIS BYLAW BE ADOPTED. READ a first time in Council this 10th day of March, 2020. READ a second time in Council this day of READ a third time in Council and finally passed this day of REEVE CHIEF ADMINISTRATIVE OFFICER Z INTERMUNICIPAL DEVELOPMENT PLAN KNEEHILL COUNTY & TOWN OF DRUMHELLER Kneehill County Bylaw No. XXXX & Town of Drumheller Bylaw No. XXXXX Adopted XXXX, XX, 2020 Prepared By: Palliser Regional Municipal Services [Insert Signed Bylaw from municipality #1] [Insert Signed Bylaw from Municipality #2 TABLE OF CONTENTS 1 | INTRODUCTION .......................................................................................... 1 1.1 Purpose of an Intermunicipal Development Plan ........................................................................... 1 1.2 Hierarchy of Plans in Alberta ........................................................................................................... 1 1.3 Provincial and Regional Plans .......................................................................................................... 2 1.4 IDP Legislative Requirements .......................................................................................................... 3 1.5 Municipal Profiles ............................................................................................................................ 4 2 | PLAN AREA ................................................................................................. 5 2.1 Plan Boundary .................................................................................................................................. 5 2.2 Plan Area Characteristics ................................................................................................................. 5 2.3 Town of Drumheller Population Analysis ...................................................................................... 12 3 | POLICY FRAMEWORK ............................................................................... 14 3.1 Interpretation ................................................................................................................................ 14 3.2 Land Use ......................................................................................................................................... 15 3.3 Growth Management & Annexation ............................................................................................. 16 3.4 Agriculture ..................................................................................................................................... 16 3.5 Tourism and Recreation................................................................................................................. 17 3.6 Servicing and Infrastructure .......................................................................................................... 17 3.7 Natural Environment & Historic Resources ................................................................................... 18 3.8 Resource Extraction & Renewable Energy Development ............................................................. 20 3.9 Transportation ............................................................................................................................... 21 3.10 Telecommunication Towers & Utilities ......................................................................................... 21 4 | IDP IMPLEMENTATION & ADMINISTRATION ............................................ 23 4.1 Circulation and Referral Process ................................................................................................... 23 4.2 IDP Committee ............................................................................................................................... 24 4.3 Reviewing, Repealing and Amending the Plan .............................................................................. 26 4.4 Dispute Resolution Process ........................................................................................................... 27 5 DEFINITIONS ............................................................................................... 30 APPENDIX A: TOURISM CORRIDOR BYLAW MAP LIST OF MAPS Map 1: IDP Area ............................................................................................................................................... 6 Map 2: Soil Classification ................................................................................................................................. 8 Map 3: Historical and Environmental ............................................................................................................ 10 Map 4: Land Use Designations (Zoning) ........................................................................................................ 11 Map 5: Energy Facilities ................................................................................................................................. 13 LIST OF FIGURES Figure 1: Planning Hierarchy in Alberta ........................................................................................................... 2 Figure 2: Town of Drumheller Population Change ........................................................................................ 12 Figure 3: Dispute Resolution Process ............................................................................................................ 29 Photo sources: Photos on pages 1, 14 - Kneehill County Instagram (https://www.instagram.com/kneehillcounty/) Photo on page 7 - Rick Schmidt Photography Photo on page 23 - Google Earth 1 1 | INTRODUCTION 1.1 Purpose of an Intermunicipal Development Plan The purpose of intermunicipal planning is to establish a long-range collaborative approach for future land use along municipal borders. The Town of Drumheller’s western boundary borders Kneehill County. Land use decisions made by either municipality along this border may affect and influence one another. This Intermunicipal Development Plan (IDP) is a cooperative planning initiative that ensures development and land use decisions along the shared border occur in a harmonious manner that respect the interests of each municipality. The overall objectives of this IDP are to: • Ensure development and growth occurs in a sustainable and responsible manner; • Establish a coordinated approach to development and land use decisions along the shared municipal border; • Encourage continued communication between the municipalities; • Minimize future land use conflicts; • Outline processes for resolving disputes; and • Provide landowners with greater certainty of potential land use and future development within the Plan Area. 1.2 Hierarchy of Plans in Alberta In accordance with the Municipal Government Act (MGA) IDPs are the highest order of municipal statutory plan. All lower order statutory plans for a municipality, including a Municipal Development Plan (MDP) and Area Structure Plans (ASPs) must be in alignment with any and all IDPs a municipality has adopted (see Figure 1). 2 1.3 Provincial and Regional Plans The Province of Alberta takes a multi-tiered approach to legislating planning and development within the province. The two main pieces of provincial legislation that mandate planning and development in Alberta are the Alberta Land Stewardship Act (ALSA), and the Municipal Government Act (MGA). The ALSA mandates the legislative authority for the province’s seven (7) Regional Plans, while the MGA provides the legislative authority of municipal planning documents. The seven (7) Regional Plans are organized geographically by seven major watersheds within Alberta. Two of the seven Regional Plans have been adopted (Lower Athabasca Regional Plan and South Saskatchewan Regional Plan). The remaining five Regional Plans are either underway or not started. The Red Deer Regional Plan, which encompasses Kneehill County and the Town of Drumheller, has not been started. The overall objective of the Regional Plans is to set a collaborative approach to managing the province’s land and natural resources to achieve economic, environmental and social goals. All municipal bylaws, including planning documents, are required to be in alignment with the applicable Regional Plan. Figure 1: Planning Hierarchy in Alberta 3 1.4 IDP Legislative Requirements The Municipal Government Act (MGA) mandates the legislative requirements for IDPs. Section 631 of the MGA (as amended January 1, 2020) outlines the requirements for an IDP: Intermunicipal Development Plans 631(1) Subject to subsections (2) and (3), 2 or more councils of municipalities that have common boundaries and that are not members of a growth region as defined in section 708.01 must, by each passing a bylaw in accordance with this Part or in accordance with sections 12 and 692, adopt an intermunicipal development plan to include those areas of land lying within the boundaries of the municipalities as they consider necessary. (2) Subsection (1) does not require municipalities to adopt an intermunicipal development plan with each other if they agree that they do not require one, but any of the municipalities may revoke its agreement at any time by giving written notice to the other or others, and where that notice is given the municipalities must comply with subsection (1) within one year from the date of the notice unless an exemption is ordered under subsection (3). (3) The Minister may, by order, exempt one or more councils from the requirement to adopt an intermunicipal development plan, and the order may contain any terms and conditions that the Minister considers necessary. (4) Municipalities that are required under subsection (1) to adopt an intermunicipal development plan must have an intermunicipal development plan providing for all of the matters referred to in subsection (8) in place by April 1, 2020. […] (8) An intermunicipal development plan (a) must address (i) the future land use within the area, (ii) the manner of and the proposals for future development in the area, (iii) the provision of transportation systems for the area, either generally or specifically, (iv) the co-ordination of intermunicipal programs relating to the physical, social and economic development of the area, (v) environmental matters within the area, either generally or specifically, and (vi) any other matter related to the physical, social or economic development of the area that the councils consider necessary, (b) must include (I) A procedure to be used to resolve or attempt to resolve any conflict between the municipalities that have adopted the plan, (ii) a procedure to be used, by one or more municipalities, to amend or repeal the plan, and (iii) provisions relating to the administration of the plan. 4 1.5 Municipal Profiles Town of Drumheller The Town of Drumheller is located in the Red Deer River valley in south- central Alberta spanning an area of 10,803 hectares (26,694 acres), situated between Starland County to the north, Kneehill County to the west, Special Areas 2 to the east, and Wheatland County to the south. The Town offers a diversity of residential options, employment opportunities, and way of life for the Town’s population of 7,982 (Statistics Canada, 2016 Census). The Town of Drumheller is greatly influenced by its unique landscape made up of rolling fields, steep, dry coulees, and the Red Deer River. The Town’s goal is to preserve and enhance the natural environment while accommodating growth responsibly and strategically. The Town is well-known for its tourism industry. In the heart of the Canadian Badlands, Drumheller’s unique scenery and fascinating dinosaur-oriented history attracts hundreds of thousands of people to the community each year. Kneehill County Kneehill County is located in south-central Alberta spanning an area of 331,900 hectares (820,143 acres), situated between Red Deer County to the north, Mountain View County to the west, and Starland County to the east, Town of the Drumheller to the south-east and Wheatland County to the south. The majority of the land is zoned for agricultural uses, allowing the population of 5,001 (Statistics Canada, 2016 Census) to enjoy a rural way of life. As a region, Kneehill County with the Towns of Three Hills, Trochu and Villages of Acme, Carbon, Linden, and four hamlets, have a combined population of over 11,000 residents. Oil and gas is the second major industry in the region. The County’s goal is to protect this rural way of life while proactively enhancing it. The eastern border of Kneehill County runs along the Red Deer River Valley down to the heart of the Canadian Badlands, making tourism a viable market opportunity. 5 2 | PLAN AREA 2.1 Plan Boundary The Plan Area extends approximately 1.6 km (1 mile) on either side of the shared border between the municipalities (see Map 1: IDP Area). At times the Plan Area extends further to accommodate geometric irregularities along the shared border, geographic constraints and to minimize any overlaps with other IDPs for either municipality. Within the Plan Area, the following economic, environmental and social considerations were examined: • Land use and zoning; • Residences and urban areas; • Tourism and recreation; • Confined Feeding Operations (CFOs); • Resource Extraction and Energy development; • Transportation Corridors; • Environmentally Significant Areas (ESAs); and • Historic Resource Value (HRV) Sites. 2.2 Plan Area Characteristics The Plan Area as shown on Map 1 encompasses rural and agricultural areas within Kneehill County and both urban and rural areas within the Town of Drumheller. The Town of Drumheller contains both urban and rural areas, with the central business and main urban residential area located just to the north of the Plan Area. The shared border between Kneehill County and the Town of Drumheller is located within the Town’s mostly rural area. GENERAL CHARACTERISTICS The central Plan Area features Highway 9, which could be considered the main gateway into the Town of Drumheller. The western edge of the Plan Area along Highway 9 is above the Red Deer River valley, but as it heads east it drops down into the valley. Heading northwest from the middle of the Plan Area, the Plan Area is bounded by Highway 575 as it meanders westward out of the Town. To the southeast of Highway 9 the Plan Area generally stays on the south side of the Red Deer River encompassing both the river valley area and higher flat land. The Plan Area heads southeast until it comes against the Rosebud River and Highway 10X at which point is follows the Rosebud River south until the junction with Wheatland County. Kneehill County Starland County Wheatland County Munson Drumheller 9 Highway837 Highway56 Highway576Highway 841Highway9 Highway575 Highway 838 H ighw a y Kneehi l ls C reekRedDeerRiverRosebudRiver Map 1: IDP Plan Area Kneehill County and Town of Drumheller Intermunicipal Development Plan February 2020 0 5 102.5 Kilometers Legend IDP Area Rural Municipality Town Boundary Village Boundary Highway Roadway Map and Data for informational and planning purposes only Scale: 1:125,000 Data Sources: Altalis, Gov. of Alberta, Gov of Canada, Kneehill County, Town of Drumheller, Bluerock Planning Date Exported: 2020-02-24 8:42 AM 7 NATURAL ENVIRONMENT & THE RED DEER RIVER BASIN Much of the eastern portion of the Plan Area boundary runs along the edge of the Red Deer River and includes important riparian areas within the Red Deer River Basin. The Plan Area’s eastern border follows the smaller but also important environmental feature, the Rosebud River and its riparian areas. Riparian areas provide a wide range of ecological functions that are vital to a healthy functioning landscape and form part of an extensive drainage basin within every watershed. Both municipalities are committed to protecting and preserving the environmental aspects of this basin. AGRICULTURAL LAND USES The agricultural land in the Plan Area consists of a variety of soil classifications that are used for a range of agricultural activities including grazing and crop production (see Map 2: Soil Classifications). RESIDENTIAL LAND USES Residential land use within the Plan Area is mainly located within the Town of Drumheller. Within the Kneehill County portion of the Plan Area minimal residential and acreage development has occurred. INDUSTRIAL LAND USES The Plan Area also contains a sizable industrial area that is located west of Highway 9 along Highway 575. The industrial park is mainly light industrial land uses consisting of shop buildings, contractor bays, and industries servicing the oil and gas sector. The industrial area is mainly built out, but has some vacant undeveloped areas for future growth. Kneehill County Starland County Wheatland County Drumheller 9 Highway 576Highway9Highway 841 Highway575Hi ghway838Hi ghwayRosebudRiver 32-27-19-4 18-28-19-4 32-28-19-4 6-29-19-4 18-29-19-4 33-27-20-4 36-27-20-4 1-28-20-44-28-20-45-28-20-4 9-28-20-4 14-28-20-417-28-20-4 24-28-20-4 26-28-20-4 32-28-20-4 9-29-20-4 11-29-20-4 16-29-20-4 19-29-20-4 24-29-20-4 36-27-21-4 13-28-21-4 1-29-21-4 12-29-21-4 19-28-19-4 13-28-20-4 19-28-20-4 30-28-20-4 3-29-20-4 8-29-20-4 13-29-20-4 24-28-21-4 12-28-21-4 24-29-21-4 31-27-19-4 5-28-19-4 8-28-19-4 17-28-19-4 31-27-20-4 35-27-20-4 2-28-20-46-28-20-4 12-28-20-4 2-29-20-46-29-20-4 10-29-20-4 15-29-20-417-29-20-4 20-29-20-4 7-29-19-4 11-28-20-4 21-28-20-4 18-29-20-4 35-28-20-4 21-29-20-4 13-29-21-4 30-28-19-4 20-29-19-4 12-29-20-4 1-28-21-4 36-28-21-4 18-28-20-4 28-28-20-4 1-29-20-4 5-29-19-4 8-28-20-4 25-28-20-4 34-28-20-4 7-28-19-4 31-28-19-4 27-28-20-4 4-29-20-4 20-28-20-4 25-28-21-4 8-29-19-4 17-29-19-4 10-28-20-4 16-28-20-4 7-29-20-4 6-28-19-43-28-20-4 31-28-20-4 14-29-20-4 32-27-20-4 7-28-20-4 15-28-20-4 33-28-20-4 5-29-20-4 34-27-20-4 22-28-20-4 22-29-20-4 36-28-20-4 29-28-19-4 23-28-20-4 23-29-20-4 20-28-19-4 19-29-19-4 29-28-20-4 Map 2: Soil Classification Kneehill County and Town of Drumheller Intermunicipal Development Plan February 2020 0 2 41 Kilometers Legend IDP Area Rural Municipality Town Boundary Soil Classification 1 2 3 4 5 6 7 Unmapped Class Map and Data for informational and planning purposes only Scale: 1:75,000 Data Sources: Altalis, Gov. of Alberta, Gov of Canada, Kneehill County, Town of Drumheller, Bluerock Planning Date Exported: 2020-02-24 8:37 AM 9 INSTITUTIONAL LAND USES The Drumheller Institution, a correctional facility with both medium-security and minimum-security facilities is also located within the Plan Area. The Drumheller Institution has a medium security facility capacity of 582 and a minimum security capacity of 122 and is a major employer in the region. RECREATIONAL LAND USES Just north of the Drumheller Institution is a large 100+ acre outdoor racetrack, called the Dinosaur Downs Speedway. The site includes an oval dirt racetrack and a long motorcross track. This outdoor facility is host to numerous racing events throughout the year. TRANSPORTATION INFRASTRUCTURE The Plan Area is bisected by major highways both north-south and east-west (see Map 1). Highway 9 bisects the middle of the Plan Area going north-south while Highway 575 heads northwest to southeast joining into Highway 10. Given the dramatic topography within the Plan Area transportation networks play a key role in dictating the location of human development in this area. The creation of new major road networks is unlikely and future development will likely be located near existing transportation corridors. HISTORIC RESOURCES The Plan Area and region is a unique landscape that is rich in cultural, archaeological and paleontological history and artifacts (see Map 3: Historic and Environmental Features). The area is well-known as a destination for scientists and tourists interested in the science of paleontology and especially dinosaurs. The area’s rich history also extends to human habitation of the region. This area has been inhabited by Indigenous peoples for thousands of years. The Plan Area is located within Treaty 7, which was signed by the Government of Canada and five First Nations: the Siksika (Blackfoot), Kainai (Blood), Piikani (Peigan), Stoney-Nakoda, and Tsuut'ina (Sarcee). LAND USE DESIGNATIONS (ZONING) Lands within the Plan Area are predominately designated (zoned) as Agricultural districts in the respective Land Use Bylaws of both municipalities. Other land use designations include institutional, industrial and residential as shown on Map 4: Land Use Designations (Zoning). OIL & GAS FACILITIES Oil and gas facilities are present throughout the region and also within the Plan Area, mainly on the Kneehill side. Map 5: Energy Facilities identifies the existing oil and gas facilities. Kneehill County Starland County Wheatland County p p p a, p a, pa, p p a, p a, p a, p p p p p p p p p a, p p p a, p p p a, p a, p a, p p a, p p p a, p p a, p a, p a, p a, p a, p p p a, p p p p a, p a, p p p p p p a p p p p p p a, p p p p p p p p p p a, p p p p p a, p p p p p p p p p a, p a, p p p a, p p a, p p a, p p p a, p p p p p p p p a, p p p p p p p a, p a, p a p p p p p p p a, p p p a a, p p p a, p pp p p a p p a, p a p p p p p p p p p p p p p p p p p p p p a, p a a, p p p p p p p a p p a pp a, p a, p a p p 9 Highway 576 Highway 841 HighwayDrumheller NACMINE MIDLAND NEWCASTLE NORTH DRUMHELLER BANKVIEW DRUMHELLER RODEO GROUNDSDRUMHELLER INSTITUTION WAYNE Map 3: Historical & Environmental Kneehill County and Town of Drumheller Intermunicipal Development Plan February 2020 0 2 41 Kilometers Map and Data for informational and planning purposes only Scale: 1:75,000 Data Sources: Altalis, Gov. of Alberta, Gov of Canada, Kneehill County, Town of Drumheller, Bluerock Planning Date Exported: 2020-02-24 8:33 AM Primary Historic Resource a - archaeological c - cultural gl - geological h - historic period n - natural p - palaeontological Legend IDP Area Town Boundary Rural Municipality Marsh Open Water Historical Resource Value 3 4 5 Kneehill County Starland County Wheatland County 9 Highway 576 Highway 841 Highway9 Highway575Hi ghway838Hi ghwayDrumhellerRedDeerRiver RosebudRiver 32-27-19-4 18-28-19-4 32-28-19-4 6-29-19-4 18-29-19-4 33-27-20-4 36-27-20-4 1-28-20-44-28-20-45-28-20-4 9-28-20-4 14-28-20-417-28-20-4 24-28-20-4 26-28-20-4 32-28-20-4 9-29-20-4 11-29-20-4 16-29-20-4 19-29-20-4 24-29-20-4 28-29-20-4 36-27-21-4 13-28-21-4 1-29-21-4 12-29-21-4 25-29-21-4 19-28-19-4 30-29-19-4 13-28-20-4 19-28-20-4 30-28-20-4 3-29-20-4 8-29-20-4 13-29-20-4 24-28-21-4 12-28-21-4 24-29-21-4 31-27-19-4 5-28-19-4 8-28-19-4 17-28-19-4 31-27-20-4 35-27-20-4 2-28-20-46-28-20-4 12-28-20-4 2-29-20-46-29-20-4 10-29-20-4 15-29-20-417-29-20-4 20-29-20-4 25-29-20-427-29-20-4 7-29-19-4 29-29-19-4 11-28-20-4 21-28-20-4 30-29-20-4 18-29-20-4 26-29-20-4 35-28-20-4 21-29-20-4 13-29-21-4 30-28-19-4 20-29-19-4 12-29-20-4 1-28-21-4 36-28-21-4 18-28-20-4 28-28-20-4 1-29-20-4 5-29-19-4 8-28-20-4 25-28-20-4 34-28-20-4 7-28-19-4 31-28-19-4 27-28-20-4 4-29-20-4 20-28-20-4 25-28-21-4 8-29-19-4 17-29-19-4 10-28-20-4 16-28-20-4 7-29-20-4 6-28-19-43-28-20-4 31-28-20-4 14-29-20-4 32-27-20-4 7-28-20-4 15-28-20-4 33-28-20-4 5-29-20-4 34-27-20-4 22-28-20-4 22-29-20-4 36-28-20-4 29-28-19-4 23-28-20-4 23-29-20-4 20-28-19-4 19-29-19-4 29-29-20-4 29-28-20-4 Map 4: Land Use Designations Kneehill County and Town of Drumheller Intermunicipal Development Plan February 2020 0 2 41 Kilometers Map and Data for informational and planning purposes only Scale: 1:75,000 Data Sources: Altalis, Gov. of Alberta, Gov of Canada, Kneehill County, Town of Drumheller, Bluerock Planning Date Exported: 2020-02-24 8:34 AM Legend IDP Area Rural Municipality Town Boundary Land Use Agricultural Commercial Residential Community Service Direct Control Downtown Transition Industrial Urban Transition 12 2.3 Town of Drumheller Population Analysis Town of Drumheller amalgamated with the M.D. of Badlands No. 7 in 1988 thereby including additional hamlets and rural areas into its municipal boundaries. This provided the municipality with a healthy land base for any anticipated future growth. Between 1996 and 2011 the municipality grew in population from 7,833 to a high of 8,029 before dropping in 2016 to 7,982 (see Figure 2). An IDP provides the opportunity to gain an understanding of any future growth requirements of the urban municipality. The Town of Drumheller’s relatively flat population growth combined with a desktop analysis of vacant lands suggests there is sufficient residential and non-residential land available for the Town. Thus, the need for annexation is not expected in the foreseeable future. Figure 2: Town of Drumheller Population Change 7,833 7785 7,932 8,029 7,982 1996 2001 2006 2011 2016 Kneehill County Starland County Wheatland County Drumheller 9 Highway 576Highway 841 Highway9Highway575Hi ghway838Hi ghwayRedDeerRiverRosebudRiver 18-28-19-4 32-28-19-4 6-29-19-4 18-29-19-4 1-28-20-44-28-20-45-28-20-4 9-28-20-4 14-28-20-417-28-20-4 24-28-20-4 26-28-20-4 32-28-20-4 9-29-20-4 11-29-20-4 16-29-20-4 19-29-20-4 24-29-20-4 28-29-20-4 13-28-21-4 1-29-21-4 12-29-21-4 25-29-21-4 19-28-19-4 30-29-19-4 13-28-20-4 19-28-20-4 30-28-20-4 3-29-20-4 8-29-20-4 13-29-20-4 24-28-21-4 12-28-21-4 24-29-21-4 5-28-19-4 8-28-19-4 17-28-19-4 2-28-20-46-28-20-4 12-28-20-4 2-29-20-46-29-20-4 10-29-20-4 15-29-20-417-29-20-4 20-29-20-4 25-29-20-427-29-20-4 7-29-19-4 29-29-19-4 11-28-20-4 21-28-20-4 30-29-20-4 18-29-20-4 26-29-20-4 35-28-20-4 21-29-20-4 13-29-21-4 30-28-19-4 20-29-19-4 12-29-20-4 1-28-21-4 36-28-21-4 18-28-20-4 28-28-20-4 1-29-20-4 5-29-19-4 8-28-20-4 25-28-20-4 34-28-20-4 7-28-19-4 31-28-19-4 27-28-20-4 4-29-20-4 20-28-20-4 25-28-21-4 8-29-19-4 17-29-19-4 10-28-20-4 16-28-20-4 7-29-20-4 6-28-19-43-28-20-4 31-28-20-4 14-29-20-4 7-28-20-4 15-28-20-4 33-28-20-4 5-29-20-4 22-28-20-4 22-29-20-4 36-28-20-4 29-28-19-4 23-28-20-4 23-29-20-4 20-28-19-4 19-29-19-4 29-29-20-4 29-28-20-4 Map 5: Energy Facilities Kneehill County and Town of Drumheller Intermunicipal Development Plan February 2020 0 2 41 Kilometers Map and Data for informational and planning purposes only Scale: 1:75,000 Data Sources: Altalis, Gov. of Alberta, Gov of Canada, Kneehill County, Town of Drumheller, Bluerock Planning Date Exported: 2020-02-24 8:36 AM Legend IDP Area Rural Municipality Town Boundary Gas Pipeline Oil Pipeline Sour Gas Pipeline Water Pipeline 14 3 | POLICY FRAMEWORK IDP policies guide and direct each municipality in their day-to-day decision-making pertaining to development and land use. The MGA dictates that an IDP is the highest order statutory plan in a municipality and subsequently decision-making and lower level statutory plans must closely align with IDP policies. The following policy sections take into consideration the key characteristics of the Plan Area and establish policies that works towards achieving the common goals of each municipality for the IDP area. 3.1 Interpretation This IDP uses specific language to ensure clear and concise policies that will guide decision making. Further, it is important to ensure these policies are communicated in the proper context. The following words are to be interpreted throughout the plan as follows: Policy 3 .1 .1 Council: refers to the Town of Drumheller Council and/or Kneehill County Council. Policy 3 .1 .2 Shall, require(d), must, or will: mean that the policy is mandatory; exceptions would require an amendment to the Plan. Policy 3 .1 .3 Should: always applies to the situation unless it can clearly be identified to the agreement of Council or the Approving Authority that in the given situation, the policy is not reasonable, practical or feasible. Policy 3 .1 .4 May: acknowledges support in principle and indicates that Council or the Approving Authority has the discretion to determine the level of compliance that is required. Policy 3 .1 .5 Unless otherwise required by the context, words used in the present tense include the future tense; words used in the singular include the plural; and the word person includes a corporation as well as an individual. Unless otherwise stipulated, the Interpretation Act, Chapter I-8, RSA 2000 as amended, shall be used in the interpretation of this bylaw. Words have the same meaning whether they are capitalized or not. 15 Policy 3 .1 .6 All references to a specific agency, body, or department were accurate at the time of writing. It is understood that agency, body and department names change from time to time. All references throughout the Plan shall therefore be considered to be applicable to the current relevant agency, body or department. Policy 3 .1 .7 The geographical or relative boundaries or any variable presented on the maps contained in this Plan, with the exception of the boundaries of the Plan Area, shall be interpreted as a rough approximation and not an accurate depiction of its actual or full extension. Policy 3 .1 .8 In situations where the Plan Area boundary of this IDP overlaps an adjacent Intermunicipal Development Plan Boundary (i.e. at the intersection of municipal boundaries) all statutory plans, land use bylaw, and subdivision applications affecting lands within the overlap area shall be processed in accordance with the Municipal Development Plan and Land Use Bylaw of the municipality processing the application. 3.2 Land Use Intent Identifying long-term future land use goals is a legislative requirement of an IDP and forms one of the key areas of agreement and coordination in this plan. Currently, the vast majority of land within the Plan Area is zoned agricultural and primarily used for extensive agricultural operations. In general the proportion of rural to urban land uses within the Plan Area are not likely to change significantly within the foreseeable future. Policy 3 .2 .1 These policies strive to preserve the agricultural character of the Plan Area while encouraging future development to locate on lands where it is best suited for the proposed development. Policy 3 .2 .2 Future land uses in the Plan Area shall align with the Future Land Use Maps within each municipality’s Municipal Development Plan. Policy 3 .2 .3 Fragmentation of agricultural land and premature conversion to non-agricultural uses should be limited. Policy 3 .2 .4 Land use within the Plan Area shall align with any statutory planning documents or Land Use Bylaw from either municipality. Policy 3 .2 .5 The municipalities shall strive to engage in open communication when considering land use decisions in the Plan Area and shall discuss any proposed Statutory Plans, Land Use Bylaw updates, or amendments that may impact the Plan Area. 16 Policy 3 .2 .6 Land owned by either municipality within the other municipality’s jurisdiction shall follow any bylaw, statutory planning document, land use bylaw of the municipality the land is located in. 3.3 Growth Management & Annexation Intent An IDP provides the opportunity to identify any lands that may be required for municipal expansion through annexation to ensure that municipalities have an adequate land supply to support future growth. However, through the population and vacant land analysis it was identified that the Town currently contains an adequate land supply to meet short and medium-term future development demands. Policy 3 .3 .1 Should the Town require additional lands the annexation process may be initiated by the Town in accordance with the requirements of the Municipal Government Act. Policy 3 .3 .2 The Town of Drumheller shall consult with Kneehill County and its residents prior to initiating an annexation application to the province. Policy 3 .3 .3 The Town of Drumheller and Kneehill County will endeavor to reach an agreement on an annexation prior to submitting an annexation to the Municipal Government Board. 3.4 Agriculture Intent Agricultural land represents the largest land use in the Plan Area, consisting predominately of activities associated with extensive agriculture. Extensive agriculture shall continue to be the primary use of land in the Plan Area. Policy 3 .4 .1 In making land use decisions within the Plan Area, both municipalities shall respect the right of agricultural operators to pursue normal activities associated with extensive agriculture without interference or restriction based on their impact on adjacent uses. Policy 3 .4 .2 Both municipalities will strive to work cooperatively to encourage good neighbour farming practices, such as dust, weed and insect control, adjacent to developed areas through best management practices and Alberta Agriculture guidelines. 17 Confined Feeding Operations Policy 3 .4 .3 It is recognized that approval of Confined Feeding Operations (CFOs) ultimately lies with the Natural Resources Conservation Board (NRCB). Prior to approvals being given within the Plan Area, both municipalities shall request that the staff of the NRCB review local plans and policies and consider these in their decision making. 3.5 Tourism and Recreation Intent To ensure tourism and recreational related development continues to thrive and occurs in a harmonious and efficient manner with the natural landscape that surrounds it and minimizes any potential negative impacts. Policy 3 .5 .1 Both municipalities should consult with each other and other agencies and stakeholders to development management plans which integrate tourism, economic development, land use, development and recreational activities. Policy 3 .5 .2 Kneehill County acknowledges the Town of Drumheller’s Tourism Corridor Bylaw and its linkage to a healthy tourism economy that benefits the entire region. While the bylaw does not affect lands in Kneehill County, the County will encourage residents and landowners within the vicinity of the Tourism Corridor Bylaw to maintain their properties to a high standard and to minimize unsightly properties that may deter tourism (see Appendix A for map). Policy 3 .5 .3 Both municipalities recognize that authentic rural living and agricultural production along tourism corridors is supported and encouraged. These rural activities require operations and aesthetics not familiar to all tourists (e.g. manure spreading, slow moving vehicles on roads) and are supported by both municipalities to ensure the continued rural character of the area. Policy 3 .5 .4 Either municipality when making land use decisions or providing referral comments to the other municipality may wish to consider the preservation of view corridors / viewscapes that are important to the tourism industry and/or local character of the area. 3.6 Servicing and Infrastructure Intent Proper servicing of development is critical for the continued health and safety of residents. Coordination of the delivery of infrastructure and services between both municipalities can lead to greater efficiency and cost savings. 18 Policy 3 .6 .1 Both municipalities are strongly encouraged to identify and implement cost effective ways of delivering shared services that benefit both municipalities and their residents. Policy 3 .6 .2 Where possible local infrastructure and development should connect to regional services. Policy 3 .6 .3 Where servicing a development is more feasible from the services and infrastructure of the other municipality the development levies or equivalent contributions shall be collected from the benefiting development to ensure the cost of services do not negatively impact existing residents of the municipality where the services are being provided. Policy 3 .6 .4 Both municipalities will discuss ways to cooperate with provincial and federal agencies and utility providers to help facilitate the efficient delivery of infrastructure and services that are mutually beneficial. 3.7 Natural Environment & Historic Resources Intent The lands within the IDP Plan Area contain important Environmentally Significant Areas (ESAs) such as native grasslands, riparian areas and drainage courses in addition to essential wildlife, bird and fish habitat. Additionally, lands within the IDP Plan Area may contain important Historical Resources, including archaeological, cultural, or palaeological artifacts. Policies within this IDP should ensure that development occurs in a manner that does not negatively impact important historical resources and natural landscapes. Natural Environment Policy 3 .7 .1 Both municipalities shall endeavor to conserve and protect ESAs as defined in each municipality’s Land Use Bylaw and other significant natural areas and resources. Policy 3 .7.2 When making land use decisions each municipality will: a) Utilize and incorporate measures where possible to minimize potential impacts on the Red Deer River, Rosebud River, and any other important water resources; b) Determine appropriate land use patterns in the vicinity of significant water resources and other water features including wetlands; c) Establish appropriate setbacks to maintain water quality, floodwater conveyance and storage, bank stability and habitat. 19 Policy 3 .7.3 Where development is proposed near natural features or lands deemed to be environmentally sensitive or significant, the approving municipality, at their sole discretion, may require an Environmental / Biophysical Impact Assessment (EIA/BIA) to be completed by a qualified professional at the sole cost of the developer to determine the potential impacts from development and how those impacts will be minimized. Policy 3 .7 .4 Both municipalities should consider the provincial Wetland Policy and Stepping back from the Water-A Beneficial Management Practices Guide For New Development when making land use decisions with the goal of sustaining the environment and economic benefits. Policy 3 .7 .5 Areas identified as environmentally sensitive or environmentally significant should be protected through Environmental Reserves, Environmental Reserve Easements, Conservation Easements, or other appropriate methods as determined by the municipality and its applicable statutory plans and Land Use Bylaw regulations. Policy 3 .7 .6 Either municipality shall refer any new environmental or biophysical study or report in support of a planning or development application pertaining to lands within the Plan Area to the other municipality. Policy 3 .7 .7 Either municipality shall refer to the other municipality any new or amended municipal bylaw or policy pertaining to environmental or biophysical matters within the Plan Area. Red Deer River Basin Policy 3 .7 .8 Subdivision and Development in or adjacent to the Red Deer River valley including the Rosebud River shall take into consideration slope stability and soil characteristics in order to minimize negative impacts. Within floodplains, development should be regulated to protect the natural area and to minimize potential flood damage. Policy 3 .7 .9 All land uses and developments proposed within the river valley in both municipalities shall be evaluated to ensure protection of water quality and any ESAs. Policy 3 .7 .10 Development in identified flood fringe and floodways as per provincial mapping (if completed) shall comply with provincial regulations and legislation. Where land use development is to occur in flood prone areas not identified on provincial maps as either flood fringe or floodway, appropriate regulations shall be implemented to ensure no negative impacts on the land and neighbouring municipality. 20 Historic Resources Policy 3.7 .11 Where development is proposed on lands that may contain a Historical Resource Value (HRV), a Historical Resource Impact Assessment (HRIA) may be required to be completed by the developer to the satisfaction of the municipality and Alberta Culture and Tourism. The Developer must comply with the Historical Resources Act and Alberta Culture and Tourism. 3.8 Resource Extraction & Renewable Energy Development Intent Resource extraction and renewable energy development are important to the local economy. Further, it is important that resource extraction and renewable energy development operations occur in a manner that is compatible with adjacent land uses and minimizes offsite impacts to ensure sustainable economic, environmental and social outcomes. Policy 3 .8 .1 Decisions regarding resource extraction or renewable energy shall take into consideration impacts on existing land use, residents, landowners, and future land use in both municipalities. Policy 3 .8 .2 Each municipality must be notified of any resource extraction or renewable energy development proposal in the other municipality that will result in access being required from a road under its control or management. Policy 3 .8 .3 Either municipality may require an agreement regarding the construction, repair, or maintenance of any municipal roads which may be impacted by a resource extraction or renewable energy development, where the development requires access through the other municipality’s road network. Policy 3 .8 .4 The municipalities shall consider the effects of visual intrusion, dust, noise, traffic, and air and water pollution when evaluating applications for new or expanded resource extraction activities including pits, or other extractive activities, where they maintain jurisdiction. Policy 3 .8 .5 If either municipality receives a notification from a provincial agency, board or department pertaining to a proposed or approved resource extraction or renewable energy development within the Plan Area, the municipality shall forward it to the other municipality. 21 3.9 Transportation Intent Efficient and functional transportation networks are critical to long-range growth and development within the Plan Area. Further, the communication and coordination between both municipalities as well as provincial transportation jurisdictions are necessary to ensure efficiency and functionality. Policy 3 .9 .1 Both municipalities shall jointly consult with Alberta Transportation to coordinate planning and development along major roadways and provincial highways/jurisdictions within the Plan Area. Policy 3 .9 .2 Road closures that may affect both municipalities shall be jointly coordinated by following the agreed upon referral process. Policy 3 .9 .3 Both municipalities are encouraged to share information regarding appropriate practices for road design, maintenance, classification, permitting and road bans to promote an efficient and cost effective regional transportation network. Policy 3 .9 .4 Each municipality shall be notified of any subdivision or development proposal in the other municipality that will result in access being required from a road under its control or management. The affected municipality must give its response in writing in a timely manner in accordance with the IDP referral process. If comments are not received within the notification period, it will be determined the municipality has no concerns. Policy 3 .9 .5 Either municipality may require a developer to enter into a Road Use Management Agreement to control traffic, manage dust control or maintenance issues if access to the development is required from a road under its control or jurisdiction. 3.10 Telecommunication Towers & Utilities Intent It is recognized that the jurisdiction for telecommunication towers and utility approvals is outside of the control of municipalities. However, as the demand for this infrastructure grows there is potential for these developments to have land use impacts. The following policies seek to guide both municipalities when providing comments to applicants or relevant agencies in regard to applications for telecommunication infrastructure within the Plan Area. Policy 3 .10.1 When providing comments for a new, expanded or retrofitted telecommunications tower, both municipalities shall request 22 telecommunications companies to co-locate within the Plan Area where technically feasible. Policy 3 .10.2 When providing comments to provincial and federal departments regarding utility development within the Plan Area, both municipalities shall request that consideration be given to the establishment of utility corridors with multiple users. 23 4 | IDP IMPLEMENTATION & ADMINISTRATION Continuous collaboration and communication between both municipalities is essential for effective coordination of land use planning and the successful implementation and administration of the IDP. 4.1 Circulation and Referral Process Intent To establish a clear process for referring subdivision and development applications, statutory and non- statutory planning documents and amendments, and land use related studies and achieving a coordinated approach to planning and development within the Plan Area. Policy 4 .1 .1 The following shall be referred by each municipality prior to a public hearing, meeting or decision: i. A proposed Municipal Development Plan (MDP); ii. A proposed Area Structure Plan (ASP) or Area Redevelopment Plan (ARP) within the Plan Area; or a proposed ASP or ARP that may have an impact on the Plan Area; iii. A proposed new Land Use Bylaw (LUB); iv. An amendment to a statutory planning document or Land Use Bylaw within the Plan Area or which may affect the Plan Area; v. A proposed multi lot subdivision within the Plan Area; vi. A development application for a Discretionary Use within the Plan Area; vii. A road closure within the Plan Area; Policy 4.1.2 Either municipality may refer any other application, statutory plan, policy, report or land use matter not specified in Policy 4.1.1 to the other municipality if the municipality is of the opinion that the adjacent municipality may have an interest in the matter and wish to comment. 24 Policy 4 .1.3 If either municipality is in receipt of a notice of application for a new or expanded pit / resource extraction operation within the Plan Area, they shall forward a copy of the notice and/or application to the other municipality. Policy 4 .1.4 Where there is an application for a new, expanded or retrofitted telecommunications tower within the Plan Area, the municipality receiving the application shall notify the other municipality to seek their comments. Timelines Policy 4.1.5 From the date that a municipality receives a referral, the municipality will have the following timelines to review and provide comments: i. 15 calendar days for development applications; ii. 21 calendar days for subdivision applications and all other intermunicipal referrals. Policy 4 .1.6 A municipality that has received a referral may request an extension of the initial review period. If an extension of the review period is granted, it shall be communicated in writing. Policy 4.1.7 If the municipality receiving the referral has not replied within the stipulated timeline, it will be determined that the municipality has no comments or concerns regarding the referral. Policy 4 .1.8 Should any concerns arise through the referral process that cannot be resolved between the two administrations, the dispute resolution process (Section 4.3 of this bylaw) shall be initiated. 4.2 IDP Committee The implementation of this Plan is intended to be an ongoing process to ensure it is maintained and remains applicable. A committee with joint representation will ensure continued dialogue and cooperation, as the purpose of this committee is to promote active cooperation and conflict resolution through a consensus-based approach. Policy 4.2.1 For the purposes of administering and monitoring the IDP, the Town of Drumheller and Kneehill County shall establish an Intermunicipal Development Plan Committee (“the Committee”) comprised of an even number of members of Council from both the Town of Drumheller and Kneehill County. Each municipality may appoint an alternate Committee member in the event a regular member cannot attend a schedule meeting. Alternate Committee members shall have standing. 25 Policy 4.2.2 The term of appointment for Committee members should be as determined by each municipality. Following each election, Members of the Committee shall be appointed by respective Councils at their Organizational Meeting. If a Council wishes to appoint a new member to the Committee (include the alternate) they must do so by motion of Council at a regular Council meeting. The municipalities shall notify one another upon appointing members and alternate members to the Committee. Policy 4.2.3 The Committee will meet on an as-needed basis to discuss and provide recommendations to their respective Councils on matters or issues of mutual interest and cooperation such as: (i) Strategic growth plans in relation to the IDP, MDPs, Area Structure Plans, etc.; (ii) Regional and intermunicipal transportation issues including proposed infrastructure, major truck routes as well as potential or existing utility corridors; (iii) Intermunicipal communications including current referral processes; and (iv) Any other topic that may be of mutual interest (i.e. regional planning initiatives). Policy 4.2.4 Notwithstanding Policy 4.2.3, the Committee shall meet every four years, commencing no later than 2024, in order to review the IDP. Policy 4.2.5 A municipality may call a meeting of the Committee at any time with no less than five (5) days notice of the meeting being given to all members of the Committee and support personnel stating the date, time, purpose, and place of the proposed meeting. The five (5) days notice may be waived with three-quarters of the Committee members’ agreement noted. Policy 4.2.6 The municipality that called the meeting of the Committee shall host and chair the meeting and is responsible for preparing and distributing agendas and minutes. Policy 4.2.7 At least one (1) member of each municipality’s administrative staff shall attend each meeting in the capacity of the technical, non-voting advisor. Policy 4.2.8 Both Councils agree the Committee is not a decision-making body and that the Committee shall issue a written response in the form of comments and/or recommendations to the appropriate and relevant decision-making body within ten (10) business days from the Committee meeting date. 26 Policy 4.2.9 Where a matter has been referred to the Committee and a resolution cannot be found, the Dispute Resolution Process in Section 4.4 of this IDP should be followed. 4.3 Reviewing, Repealing and Amending the Plan Regular review of the IDP is important to ensure that the principles and policies remain current and are responsive to local change. For this IDP to remain relevant and function effectively, amendments to the Plan may be necessary from time to time. The following policies outline the process for reviewing, amending and repealing the Plan. Policy 4.3 .1 The IDP should be reviewed every 4 years from the date the Plan was adopted by both Municipalities. The review shall be completed in conjunction with administration from both Municipalities and may include Support from any agency designated as either municipalities planning authority Policy 4.3 .2 When a new MDP for either municipality is adopted, a review of the IDP should be undertaken to ensure consistency with the MDP policies. Policy 4.3 .3 The Plan may be amended as needed and mutually agreed upon by both municipalities. Any amendments to the plan must be adopted by bylaw by both Councils. Policy 4.3 .4 Should any disagreements arise with a proposed amendment to the Plan, the dispute resolution process (Section 4.3 of this bylaw) shall be initiated. Policy 4.3 .5 Proposed amendments to this Plan by parties other than the Town of Drumheller or Kneehill County shall be accompanied by the following: a) An application to amend Kneehill County’s IDP bylaw submitted to the municipality along with the applicable fee for processing amendments to a statutory document; and b) An application to amend the Town of Drumheller IDP bylaw submitted to the Town or their designated planning authority along with the applicable fee for processing amendments to a statutory document. Repealing the Plan In the event that one or both municipalities deem the IDP is no longer relevant, the bylaws adopting the IDP shall be repealed by both municipalities. However, an IDP is a mandatory requirement under the MGA unless the municipalities mutually agree that an IDP is not required (MGA s. 631 as amended January 1, 2020). 27 Policy 4.3 .6 The Plan shall only be repealed if mutually agreed upon by both municipalities. Policy 4.3 .7 Should only one municipality wish to repeal the Plan, 60 days’ notice will need to be given to the other municipality stating the intent and reasons for repealing the Plan. Both Councils must pass the bylaw repealing the Plan and either adopt a new IDP or mutually agree that an IDP is not required for the repeal to take effect. Policy 4 .3 .8 Should only one municipality wish to repeal the plan, the dispute resolution process (Section 4.4 of this bylaw) shall be initiated. 4.4 Dispute Resolution Process Adopting a dispute resolution process is an MGA requirement under Part 17 pertaining to an IDP. The intent of a dispute resolution process is to resolve, or attempt to resolve, any conflicts between municipalities early in the process and avoid protracted, lengthy and costly disputes. By following the process identified in this IDP disputes can be avoided, or where they do occur, shortened and resolved through facilitated mediation (see Figure 2). The IDP dispute resolution process provides the two municipalities the opportunity to come to a resolution at the municipal level. If a resolution cannot be achieved, the matter could be resolved through arbitration and/or brought before the Municipal Government Board. P olicy 4.4 .1 Both municipalities shall be responsible for documenting and maintaining records of all meetings and exchanges throughout the dispute resolution process. Policy 4.4 .2 Administration from each municipality shall ensure the facts of the issue have been thoroughly investigated and information is made available and transparent to both parties. Policy 4.4 .3 Costs incurred through the dispute resolution process shall be shared equally by both municipalities. Policy 4.4 .4 Notifying and engaging any affected parties or members of the public will be at the discretion of each municipality. Each municipality shall ensure they are meeting requirements and processes outlined in the MGA or relevant public participation policies for each municipality for notifying and engaging members of the public or affected parties. Policy 4.4 .5 Should mediation be required through the dispute resolution process; the powers and responsibilities of the mediator will be limited to providing recommendations to both municipalities. 28 Policy 4.4 .6 Should arbitration be required through the dispute resolution process; every order of an arbitrator is final and binding on all parties. Policy 4.4 .7 The municipalities are encouraged to attempt to resolve disputes prior to submission of a Section 690 appeal to the Municipal Government Board. However, in the case of a dispute that cannot be resolved involving the adoption of a statutory plan, Land Use Bylaw or amendment to such, an appeal may be filed without prejudice, within 30 days of adoption to the Municipal Government Board (MGB), in accordance with Section 690 (1) of the MGA so the provincial statutory right and timeframe to appeal is not lost. Policy 4.4 .8 An appeal may be withdrawn if an agreement is reached between the two municipalities prior to the Municipal Government Board meeting. Dispute Resolution Process Policy 4 .4 .9 When the administration of a municipality identifies a potential issue, either party may give written notice to the other identifying the areas of conflict, initiating the dispute resolution process. Policy 4 .4 .10 Once notice of the conflict including identification of the issues, concerns and potential remedies has been received, both municipalities shall discontinue any actions pertaining to the matter in disagreement until a resolution has been determined. Policy 4 .4 .11 Within 15 days of receiving written notice of an identified conflict, a meeting shall be convened between the respective administrations directly involved in the matter to attempt to come to a solution. This will generally include a member of planning staff and the CAOs of each municipality. If a solution to the disagreement is reached, then staff from each municipality shall take the necessary steps to implement the solution. Policy 4 .4 .12 If the Administrations are unable to resolve the disagreement, a meeting of the IDP Committee shall be convened between to discuss possible resolutions and attempt to reach consensus on the issue. If a proposed solution or agreement is reached each municipality shall take the necessary steps to implement the solution or agreement. Policy 4.4 .1 3 If the IDP Committee is unable to resolve the disagreement, a Joint Council meeting shall be convened between to discuss possible resolutions and attempt to reach consensus on the issue. 29 Policy 4 .4 .1 4 Should the Councils be unable to resolve the matter within 30 days of the Joint Council meeting, a formal mediation process to facilitate resolution of the issue shall be initiated. The facilitated mediation process will involve a mediator mutually agreed upon by both municipalities. Policy 4.4 .1 5 If the dispute resolution process is not completed within one year from the date the notice of the dispute is given, either municipality may request the Minister to appoint an arbitrator pursuant to the regulations outlined in the Municipal Government Act. Figure 3: Dispute Resolution Process 30 5 DEFINITIONS Adjacent Land(s): Land that abuts or is contiguous to the parcel of land that is being described and includes land that would be contiguous if not for a highway, road, lane, walkway, watercourse, utility lot, pipeline right-of-way, power line, railway or similar feature and any other land identified in a land use bylaw as adjacent for the purpose of notifications under the Municipal Government Act, Revised Statues of Alberta 2000, M26 with amendments. Agricultural Operation: If not defined in the municipality’s Land Use Bylaw, it is an agricultural activity conducted on agricultural land for gain or reward or in the hope or expectation of gain or reward, and can include, but is not limited to: a) the cultivation of land; b) the raising of livestock, including game-production animals within the meaning of the "Livestock Industry Diversification Act" and poultry; c) the raising of fur-bearing animals, pheasants or fish; d) the production of agricultural field crops; e) the production of fruit, vegetables, sod, trees, shrubs and other specialty horticultural crops; f) the production of eggs and milk; g) the production of honey (apiaries); h) the operation of agricultural machinery and equipment, including irrigation pumps on site; i) the application of fertilizers, insecticides, pesticides, fungicides, and herbicides, including application by ground and aerial spraying, for agricultural purposes; j) the collection, transportation, storage, application, use transfer and disposal of manure; k) the abandonment and reclamation of confined feeding operations and manure storage facilities. Alberta Land Stewardship Act (ALSA): The Alberta Land Stewardship Act Statues of Alberta, 2009 Chapter A-26.8, as amended. Area Structure Plan (ASP): A statutory plan in accordance with the Municipal Government Act (MGA) for the purpose of providing a framework for subsequent subdivision and development of an area of land in a municipality. The Plan typically provides a design that integrates land uses with the requirements for suitable parcel densities, transportation patterns (roads), stormwater drainage, fire protection and other utilities across the entire Plan Area. Biophysical Impact Assessment: means the assessment of the biological and physical elements for the purpose of reducing the potential impacts of the proposed development on the natural environment. The 31 report details specific components of the environment such as topography, geology, hydrology, soils, vegetation, wildlife, and biodiversity (terrestrial and aquatic) for a specific development area. Mitigation measures are suggested to minimize or eliminate potential environmental concerns. Confined Feeding Operations (CFO): An activity on land that is fenced or enclosed or within buildings where livestock is confined for the purpose of growing, sustaining, finishing or breeding by means other than grazing and requires registration or approval under the conditions set forth in the Agricultural Operation Practices Act (AOPA), Revised Statues of Alberta 2000, Chapter A-7, as amended from time to time, but does not include residences, seasonal feeding and bedding sites, equestrian stables, auction markets, race tracks or exhibition grounds. Conservation Easement: A voluntary agreement between a landowner and a conservation organization or government agency. The intent of the Conservation Easement is to protect the ecological, scenic, and or agricultural values of the land. The agreement is placed on title, and the landowner continues using the land subject to the specific restrictions in the easement. Conservation Reserve: As defined by the Municipal Government Act and used for the purpose of conserving environmentally significant features that cannot be required to be provided as environmental reserve. Council(s): The Council of Kneehill County and the Town of Drumheller in the Province of Alberta. Development: As defined by the Municipal Government Act in Part 17, section 616, means a) an excavation or stockpile and the creation of either of them; b) a building or an addition to or replacement or repair of a building and the construction or placing of any of them on, in, over or under land; c) a change of use of land or a building or an act done in relation to land or a building that results in or is likely to result in a change in the use of the land or building; or d) a change in the intensity of the land or a building or an act done in relation to land or a building that results in or is likely to result in a change in the intensity of use of the land or building. Discretionary Use: The use of land or a building in a land use district for which a development permit may be approved at the discretion of the Development Authority with or without conditions. Extensive Agriculture: means systems of tillage and grazing on large areas of land by the raising of crops or the rearing of livestock but does not include confined feeding or intensive livestock operations and may be either separately or in conjunction with one another and includes buildings and other structures incidental to the operation but does not include residential buildings. Environmentally Significant Areas (ESA): Means an area defined as an Environmentally Significant Area within the applicable Land Use Bylaw of the approving municipality. 32 Environmental Site Assessment (ESA – Phase I or II): An investigation in relation to land to determine the environmental condition of property. It includes a Phase 1 environmental site assessment, a Phase 2 environmental site assessment and confirmatory investigation. Historical Resource Value (HRV): Lands that contain or are believed to contain “historic resources” as defined in the Historical Resources Act, including primarily archeological and paleontological sites, Aboriginal traditional use sites of a historic resource nature, and historic structures. Intermunicipal Development Plan (IDP): A statutory document, adopted by bylaw in accordance with section 631 of the Municipal Government Act, which is used by municipalities as a long-range planning tool. Multi-lot Subdivision: A subdivision of land that will create two (2) or more new lots. Municipal Development Plan (MDP): A statutory plan, adopted by bylaw in accordance with section 632 of the Municipal Government Act and used by municipalities as a long-range planning tool. Municipalities (the Municipalities): The municipalities of Kneehill County and Town of Drumheller. Natural Resource Conservation Board (NRCB): The Natural Resources Conservation Board is responsible for reviews of proposed major natural resource projects, and for the regulation of confined feeding operations in Alberta. Permitted Use: The use of land or a building in a land use district for which a Development Authority shall issue a development permit with or without conditions providing all other provisions of the Bylaw are conformed with. Plan: The Town of Drumheller and Kneehill County Intermunicipal Development Plan. Plan Area: The lands defined in this document on Map 1: Plan Area noted as “Plan Area”. Pit(s): means any opening in, excavation in or working of the surface or subsurface made for the purpose of removing sand, gravel, clay or marl and includes any associated infrastructure, but does not include a mine or quarry. Alberta Environment and Parks categorizes and regulates pits as follows: Large (Class I) Pits – Class I pits are 5 hectares or more in area Small (Class II) Pits – Class II pits are less then 5 hectares in size on private land Provincial Highway: A road development as such by Ministerial Order pursuant to the Highway Development and Protection Act, Alberta Regulation 326/2009. Renewable Energy Development or Renewable Energy Industry: Industry that uses some form of alternative energy either as the source of its operation or the result of its operation, such as, but not limited to, wind energy conversion systems, solar energy systems, hydroelectric dams among others. 33 Resource extraction: Use of lands that are governed by the location of a natural resource such as, but not limited to, sand and gravel, oil and gas, or logging which involves the extraction or onsite processing and/or storage of a natural resource Soil Classifications: The classification of soils in accordance with the Canadian Land Inventory on the basis of soil survey information, and are based on intensity, rather than kind, of their limitations for agriculture. Class 1 – Soils in this class have no significant limitations in use for crops. Class 2 – Soils in this class have moderate limitations that restrict the range of crops or require moderate conservation practices. Class 3 – Soils in this class have moderately severe limitations that restrict the range of crops or require special conservation practices. Class 4 – Soils in this class have severe limitations that restrict the range of crops or require special conservation practices. Class 5 – Soils in this class have very severe limitations that restrict their capability in producing perennial forage crops, and improvement practices are feasible. Class 6 – Soils in this class are capable only of producing perennial forage crops, and improvement practices are not feasible. Class 7 – Soils in this class have no capacity for arable culture or permanent pasture land Statutory Plan: As per Part 17 of the Municipal Government Act, is an intermunicipal development plan, a municipal development plan, an area structure plan, or an area redevelopment plan adopted by a municipality under Division 4 of the Municipal Government Act. Subdivision and Development Authority: Within the boundary of Kneehill County means Kneehill County Subdivision and Development Authority, and within the boundary of the Town of Drumheller means the Town of Drumheller Subdivision and Development Authority. Telecommunications Tower: means a structure designed to support antennas for telecommunications and broadcasting and may include television, cellular phone, or wireless internet or radio signals. 34 Appendix A: Tourism Corridor Bylaw Map REQUEST FOR DECISION AGENDA ITEM # 5.3.3 Page 1 of 2 Version: 2020-01 Subject: Development Application 3815-20-D; Direct Control 5 Micro Cannabis Cultivation Facility Meeting Date: Tuesday, March 10, 2020 Presented By: Deanna Keiver, Planning & Development Officer Link to Strat Plan: Pursuing Focused Growth Recommended Motion: Council move to approve Development Permit 3815-20-D for a Micro Cannabis Cultivation Facility on Ptn. SE 18-30-24 W4 zoned Direct Control 5 with conditions listed in the report from the Planning Department. Background/ Proposal The applicants wish to sell dried cannabis to the Alberta Gaming & Liquor Control Board and produce and sell clones and feminized seeds to other licensed cultivators. A Micro Cultivation License is limited to 200m2 (2152ft2). On February 27, 2020, the Municipal Planning Commission recommended approval for a Micro Cannabis Cultivation Facility on Ptn. SE 18-30-24 W4 zoned Direct Control 5. Discussion/ Options/ Benefits/ Disadvantages: A portion of the subject parcel was zoned Direct Control 5 in October 2019. Under the authority of MGA Section 641(3), Council may decide on a development permit application and Section 100(4)(c) outlines the process. Land Use Bylaw Section 100(4)(c) The Municipal Planning Commission shall review development proposals within a direct control district and provide comments and recommendations that will be forwarded to Council. The Municipal Planning Commission recommended approval of the application with conditions. Cost Source of Funding $500.00 Development Application Fee by the Applicants Council Options: 1. Council move to approve Development Permit 3815-20-D for a Micro Cannabis Cultivation Facility on Ptn. SE 18-30-24 W4 zoned Direct Control 5 with conditions as presented. 2. Council move to approve Development Permit 3815-20-D with conditions as amended. 3. Council move to deny Development Permit 3815-20-D. REQUEST FOR DECISION AGENDA ITEM # 5.3.3 Page 2 of 2 Version: 2019-01 Recommended Engagement: ☒ Directive Decision (Information Sharing-One way communication) Goal: To educate and inform citizens Tools: ☒ Individual Notification or ☐ Public Notification ☐ Consultative Decision (Consulting the Public – Two way communication) Goal: To seek feedback, test ideas, develop concepts and collaborative solutions Tools: ☐ Public Hearing ☐ Open House ☐ Focus Group ☐ Other- ☐ Collaborative Decision (Active Participation- Share or delegate decision making) Goal: To share or delegate decision making Tools: ☐ Participatory Decision Making ☐ Inter-Municipal Agreement ☐ Other- Attachments: Application Site Plan Letter of Intent Alberta Health Services Response Council Report Direct Control District 5 Follow-up Actions: Administration will ensure decision is sent to applicants. Director Approval: Laurie Watt, Municipal Services Director CAO Approval: Mike Haugen, Chief Administrative Officer www.kneehillcounty.com AGENDA COUNCIL REPORT Date: March 10, 2020 Memo To: Kneehill County Council From: Planning & Development Services Subject: Ptn. SE 18-30-24 W4 – 10.25 ± Acres – Direct Control 5 District - Division 2 File No. 3815-20-D – Kent & Kassandra O’Brien 1.0 PURPOSE To consider a discretionary permit application for a Micro Cannabis Cultivation Facility on a portion of the SE 18-30-24 W4. The applicants wish to sell dried cannabis to the Alberta Gaming & Liquor Control Board and produce and sell clones and feminized seeds to other licensed cultivators. A Micro Cultivation License is limited to 200m2 (2152ft2). On February 27, 2020, the Municipal Planning Commission recommended approval for a Micro Cannabis Cultivation Facility on Ptn. SE 18-30-24 W4 zoned Direct Control 5 2.0 SUMMARY • Only a portion of this property was zoned Direct Control 5 in October 2019; specifically 1,224m2, which is the area of two existing accessory buildings and a small surrounding area. The remainder of the property is currently developed with a residence and accessory buildings, which were not included in the rezoning process. • A Micro Cultivation License is limited to 200m2 (2152ft2). • The applicants are proposing to construct additions onto the two existing accessory buildings and join them together. o The larger building will be used for the flower rooms. Renovations will be completed to the larger building in order to comply with Health Canada Standards. o A 498 sq. ft. nursery addition will be constructed at the back of the larger building. o The smaller building will be the location for shipping, reception, storage of job supplies and the vault. Minimal renovations will be required. • All applicable Safety Code Permits will be required. • The surrounding properties are zoned Agriculture. www.kneehillcounty.com • The parcel is accessed via Township Road 30-2. • As per the Direct Control District 5 Siting Regulations, it is up to Council or its delegate to determine setbacks. Administration recommends the following setbacks from property lines apply: Minimum Yard, Front Setback 30.5 m (100 ft.) from a local Road Minimum Yard, Side Setback 7.6 m (25 ft.) Minimum Yard, Rear Setback 7.6 m (25 ft.) • The nearest adjacent landowners are approx. 400 m to the east and 800 m to the west. • As per the site plan submitted, setbacks from property lines and neighboring properties exceed the maximum allowable distances. • The area of redesignation is fairly screened, and at this point in time, additional screening would not be recommended. • Signage will not be allowed outside of the production location (DC5 4(c)). • Standard Operating Procedures will be followed to mitigate diseases and pests. • A High Efficiency Particulate Air (HEPA) filter system and carbon filters will continuously filter the air to prevent the escape of odor and pollen. • Water & Wastewater  Trucked in and stored in four 1000-litre holding tanks. They plan to connect to an existing riser in 2020. Four gallons per minute is the potential maximum flow.  Wastewater will be disposed of by a run off system which will flow directly into an existing 3500 gallon underground holding tank. • Security Consist of motion sensor silent alarms, lights, and video surveillance monitored by a third party company. There will be only two entrance locations to the building and two emergency exits that cannot be opened from the outside. • Storage and Distribution Dried cannabis will be stored in the vault. The applicants will conduct their deliveries and/or hire a third party delivery company to deliver dried cannabis, clones and seeds to customers across Canada. • Handling of Waste  The applicants have indicated waste will be shredded and stored in a compost bin located outside of the facility. As per Section 63.(15) All garbage containers and waste material shall be fully contained inside the building.  Once weekly the compost bin will be loaded up and hauled to the landfill. Drumheller Waste (Class II Facility) can accept the waste material as long as it is rendered with another type of organic material. • This application was referred to internal and external agencies and adjacent property owners: o Kneehill County Environmental Services recommended the applicants submit a detailed waste management plan. o Alberta Health Services – Their recommendations are attached and most have been, or will be dealt with through the Health Canada approval process. www.kneehillcounty.com 3.0 PLANNING COMMENTS: Relevant Sections of Land Use Bylaw 1773: Section 63(1)(2)(3)(4)(5)(6)(7)(12)(15)(16)(18) • Existing Detached Structure to be Used to Facilitate Development Yes • Existing Structure has Services (Water, Power, Gas, Electricity) Yes • New Building(s)/ Structure(s) to be Constructed Yes • New Services to be Provided in Structure for Development (Water, Power, Gas, Electricity etc…) Yes • Goods and Materials Stored on Premise Yes • Employees (Excluding Owner/ Applicant) No • Heavy Traffic Generation Expected No • Outdoor Storage (Outside of Accessory Building) No • Weekday Operation Yes • Weekend Operation Yes • Seasonal or Year-Round Year-Round • Applied for Sign for the Home Occupation No 4.0 RECOMMENDATION: That Kneehill County Council recommend approval of the application for a Micro Cannabis Cultivation Facility on Ptn. SE 18-30-24 W4 on 10.25 ± acres, zoned Direct Control (DC5) subject to the conditions as listed: 1. This permit is being issued under Section 63 and Direct Control District 5 of Land Use Bylaw 1773 for a Cannabis Recreational Production Facility which is defined in part as “a facility/use where cannabis is grown, processed, packaged, tested, destroyed, or stored”. The development must conform to the site plan that was submitted with the application, signed and dated March 10, 2020, as attached to this approval. 2. The following setback requirements must be met by the applicant: Minimum Yard, Front Setback 30.5 m (100 ft.) from a local Road Minimum Yard, Side Setback 7.6 m (25 ft.) Minimum Yard, Rear Setback 7.6 m (25 ft.) 3. The development shall be confined to the buildings and area surrounding as per the area designated Direct Control 5. 4. Signage shall not be located outside of the permitted production location. 5. The development shall not include any use or operation which will cause or create a nuisance by way of dust, noise, smell, smoke or traffic generation. 6. All licensed processes and functions shall be fully enclosed within a building(s). www.kneehillcounty.com 7. Proof of eligibility must be provided to the Development Authority if required by the Province. 8. Proof of valid Federal and Provincial licensing, and the activities as approved, shall be provided to the Development Authority once received. 9. Equipment must be installed to remove odors from the air where it is discharged from the facility as part of a ventilation system. 10. All garbage containers and waste material shall be fully contained inside the building. 11. A Waste Management Plan shall be submitted to the County and must be approved in writing, prior to operation. 12. A security plan must be provided and accepted by the County. 13. All relevant Safety Codes Permits pertaining to Building, Private Sewage Disposal System, Gas, Electrical, and Plumbing must be applied for prior to any work being performed on site. 14. The developer is responsible for making suitable arrangements with the utility companies for provision of services and/ or necessary easements and ensuring all development is outside active utility rights-of-ways. 15. Approval by the approving authority does not exclude the need and/ or requirements of the applicants to obtain any and all permits as may be necessary under this or any other legislation, bylaw or regulation. 16. This permit shall be revocable at any time by the Development Authority if, in its opinion, the use is or has become detrimental to the amenities of the neighbourhood. 17. This permit is valid for a period of 1 year from the date of issue or the date of an approved decision of the Subdivision and Development Appeal Board. If at the expiry of this period, the development or construction has not been commenced or carried out with reasonable diligence, this permit shall be invalid. 18. Failure to comply with the conditions of this permit will render it null and void. Prepared by: Deanna Keiver Planning and Development Officer Reviewed by: Barb Hazelton Manager of Planning & Development Reviewed by: Laurie Watt Director of Municipal Services 14.33 m1.76 m2.82 m1.56 m3.88 m 4.09 m 3.61 m2.75 m 3.71 m11.89 m 15.25 m 2.52 m LETTER OF INTENT Kassandra and Kent O’Brien are a husband and wife team who intend to open a micro cannabis cultivation facility in two existing buildings located on our privately owned property, near swalwell Alberta. This company is incorporated as Krush Cultivation Inc. Krush intends to grow mature female cannabis plants to harvest flowered buds, clones and seeds. Krush Cultivation intends to sell the dried cannabis produced to licensed producers, out of province purchases (exports) and Alberta Gaming, liquor and cannabis. Krush Cultivation also intends to produce and sell clones and feminized seeds. Seeds and Clones will be sold through the Krush website, Micro cultivators; licensed producers and out of province exports. Krush Cultivation has one director Kassandra O’Brien. Directors will pass all RCMP required clearances, fingerprinting, Alberta Health, AGLC and Health Canada requirements including the security clearance under the Cannabis act and Regulations. Krush facility will comply with all legislative standards and develop innovations to comply with the changes set forth by the Kneehill County, and Canada Health. The key to success in this industry is quality and consistency of product. All personnel will closely follow all Standard Operating Procedures that have been put in place. Krush Cultivation anticipates that based on the size of the facility between 500 - 600 kilograms of cannabis will be produced per year. In compliance Krush Cultivation will follow Federal standards for record keeping and employ a third party lab to ensure consistency and levels of allowable debris, such as pests, chemical toxins, and mildew. Krush Cultivation will track products through the Cannabis Tracking and Licensing System, as well as a recall system commonly used in food production. Date code, lot and distribution points, all information will be stored on a Health Canada approved software program. Samples from each lot can be stored for 1 year in order to successfully, if ever necessary, recall the exact shipment and lot. [Government of Canada, Cannabis Licensing Application Guide: Application Requirements and Process to Become a Licence Holder under the Cannabis Act and its Regulations] Kent and Kassandra O’Brien are applying for a development permit to build a hallway attaching the two existing buildings together, and to add a 498 SQ FT nursery to the back end of the existing building. HVAC, electricity, and heating will be added to all parts of the new and existing building/s. A building permit will follow the development application. FACILITY Krush Cultivation owns 10 acres of land in the Kneehill County. Located within the trees at the back of the property is are two existing buildings; 47 ft by 35 ft building and a 23 ft by 26 ft building. Between the two buildings, 4 ft under frost level is a 3500 gallon commercial grade septic tank. The existing building that Krush intends to use for the flower rooms consists currently of 20 ft high walls/ceilings, and a concrete floor. Renovation work will need to be done on the existing building to comply with Health Canada standards, and to utilize the full 200 M2 of canopy allowance (Government of Canada, Cannabis Licensing Application Guide: Application Requirements and Process to Become a Licence Holder under the Cannabis Act and its Regulations) For the existing building to comply with Health Canada codes an envelope on the interior of building “A” will be built with acrylic walls, A sub floor will be built and coated with a sealed epoxy. An 8 Ft addition will be added to the front of the building to give room for drying cannabis, water storage area and a mechanical room. A 498 SQ FT room will be built on the back of building “B”; this area will be utilized as a nursery. A hallway will be built down the side of building “A” to allow access to each of the flowering rooms. Another hallway will be built to join building “A” to building “B”. Within the joining hallway an air shower will be installed, this will eliminate debris from transferring into the flowering rooms. A washroom will be built with access via the hallway joining building A & B. Building “B” will be the location for shipping, reception, storage of job supplies and the vault. Minimal renovations are needed for building “B” to comply with Health Canada’s regulations (electricity, painting, and an epoxy floor). The buildings currently have natural gas and power. The power will need to be updated to a three phase power adapter with an upgraded transformer. A certified electrician and ATCO will be contracted to complete this efficiently. Water will be trucked in, and stored in 4 1000L holding tanks the plan will be to connect to municipal water in the spring of 2020. SECURITY Environmental Public Health February 20, 2020 Planning & Development Officer Kneehill County Box 400, 1600 2nd St NE Three Hills, Alberta T0M 2A0 Re: Legal Description: SE 18-30-24 24M Landowner: Kent & Kassandra O’brien File #: 3815-20-D Thank you for inviting our comments on the above-referenced application. Alberta Health Services (AHS) understands that this application is for a new cannabis growing facility. Based on the information provided, AHS recommends the following: 1. Confirmation that there is an adequate potable water supply available for the proposed use, and that use of the proposed volumes of water will not adversely affect the water supplies of neighbouring properties. 2. Consider the types and volume of chemicals (such as pesticides, solvents, cleaning products and fertilizers) that will be stored onsite for the purpose of cannabis growing and processing. Ensure the proposed method and location of chemical storage, utilization and disposal does not create hazardous conditions for the facility or adjacent properties. 3. Chemicals and hazardous materials must be handled appropriately so as to not contaminate cannabis products intended for consumption. 4. The waste management plan for the proposed operation should specify the type and volume of waste material. The manner in which waste material will be handled, stored and disposed of must not create a situation that could harm the health of the public. 5. Choose construction materials to facilitate sanitary maintenance. For example, building materials for walls should be smooth, impermeable, and easy to clean. 6. Prevent mould growth with control of heat and humidity levels in the growing environment. HVAC (heating ventilation and air conditioning) system requirements and queries should be referred to safety code inspectors. Environmental Public Health 7. Implement odour mitigation strategies to ensure that odours from the proposed facility are controlled so as not to affect neighbouring properties. For example, carbon filters may be needed to control odours and exhaust from the operation should be directed away from fresh air intake for other facilities. 8. Consider installing monitors to assist in maintaining carbon monoxide levels within safe parameters. 9. Environmental Public Health is available for consultation at: Environmental Public Health Phone: 403-356-6366 Email: CentralZone.EnvironmentalHealth@albertahealthservices.ca In regards to Public Consumption, please review the below comments: Public Consumption As per Cannabis Act and Smoking Reduction Act, public consumption must not be within 5 meters of a doorway and fresh air intake or windows that open must be in place. If you have any questions, you may contact me PART XII – LAND USE DISTRICTS DC5 – Cannabis Recreational Production District DC5 Location: Portion of SE-18-030-24-W4 specifically the 1224 m2 area shown in Bylaw 1803 and below. Purpose The purpose of this district is to provide areas where Cannabis recreational production facilities can be accommodated on a smaller scale. To prohibit uses that are not appropriate for the subject site, that may be in conflict with adjacent land uses and development as determined by Council or it delegate. To accommodate uses that are appropriate for the subject site, and are not in conflict with adjacent land uses and development as determined by Council or its delegate. Permitted Uses Discretionary Uses Office Accessory use(s) Public Utility Building Cannabis recreational production facility Cannabis clone production and sales Cannabis seed production and sales As determined by Council or its delegate (1) Subdivision Regulations (a) Minimum Lot Area As required by the Development Authority (2) Development Regulations (a) Maximum Lot Coverage Sixty Percent (60%) (b) Maximum Height of any Principal or Accessory Structure: 12.0 m (39.4 ft.) (3) Siting Regulations (a) Minimum Yard, Front Setbacks As determined by the Council or its delegate (b) Minimum Yard, Rear Setback As determined by the Council or its delegate (c) Minimum Yard, Side Setbacks As determined by the Council or its delegate (4) Special Requirements (a) All uses which involve outdoor storage of goods, machinery, vehicles, building materials, waste materials, etc. shall be screened to the satisfaction of the Development Authority. (b) No variance to Yard, Side Setbacks shall be given if the site is located adjacent to any public area uses as per Section 63 of the Land Use Bylaw 1773 and amendments thereto. (c) Signage shall not be located outside of the permitted production location. (d) All licensed processes and functions shall be fully enclosed within a building(s). (5) Applications to redesignate land for Cannabis Production will be evaluated on their own merits. Proposals shall be compatible with adjacent uses and agricultural land, in particular Canada Land Inventory classifications 1 to 3, shall be encouraged to be preserved for agricultural purposes. Developers will be required to install services, provide access to the parcel and the parcel must be suitable for adequate water and sewer servicing. (6) In addition to the regulations listed above, other regulations may apply. These include Part VII – General Land Use Regulations, Part VIII – Specific Land Use Regulations, Part IX – Landscaping, Fencing and Screening, Part X – Parking and Loading Regulations, and Part XI – Sign Regulations. REQUEST FOR DECISION AGENDA ITEM # 5.5.1 Page 1 of 2 Version: 2020-01 Subject: Annual Appointment of Fire Guardians Meeting Date: Tuesday, March 10, 2020 Presented By: Deb Grosfield, Manager of Protective Services Link to Strat Plan: Providing Good Governance Recommended Motion: That Council appoint the following as Fire Guardians for the issuance of Fire Permits to March 31, 2021: • Three Hills Fire Department: Art Creasser & Bob Leuf • Acme Fire Department: Brian Fradgley, Bert Jackson, John Tersteeg • Carbon Fire Department: Jody Kranzler, Dan Balderson, Jordan Reed • Linden Fire Department: Justin Regehr, Kenton Klassen, Shawn Klassen, Carson Reimer, Max Penner. • Torrington Fire Department: Doug Fretz, Jason Michielsen, Derek Benedict • Trochu Fire Department: Richard Hoppins, Alan Adam, Lawrence Hogg • Kneehill County Administrative: CAO, Director of Municipal Services, Manager of Protective Services, County Fire Chief And further, should any of the appointed Fire Guardians leave their respective fire department, or leave their position at Kneehill County, their appointment will be revoked immediately. Background/ Proposal The Forest and Prairie Protection Act requires that each year the Council of a municipal district shall appoint, for a term not exceeding one year with effect from the beginning of April, a sufficient number of fire guardians to enforce the Act within the boundaries of the municipal district. Discussion/ Options/ Benefits/ Disadvantages: As per Bylaw 1770, Council will appoint Fire Guardians to carry out the roles and responsibilities of the Bylaw. These appointments have been recommended by each of the District Fire Departments to the CAO. Administrative staff are able to issue fire permits, should a volunteer fire department member not be available. Financial Implications: None, legislative requirement. Council Options: 1. Appoint Guardians as recommended 2. Appoint Guardians as amended REQUEST FOR DECISION AGENDA ITEM # 5.5.1 Page 2 of 2 Version: 2019-01 Recommended Engagement: ☒ Directive Decision (Information Sharing-One way communication) Goal: To educate and inform citizens Tools: ☒ Individual Notification or ☐ Public Notification ☐ Consultative Decision (Consulting the Public – Two way communication) Goal: To seek feedback, test ideas, develop concepts and collaborative solutions Tools: ☐ Public Hearing ☐ Open House ☐ Focus Group ☐ Other- ☐ Collaborative Decision (Active Participation- Share or delegate decision making) Goal: To share or delegate decision making Tools: ☐ Participatory Decision Making ☐ Inter-Municipal Agreement ☐ Other- Attachments: Bylaw 1770 Follow-up Actions: Notification to Fire Guardians. Director Approval: Laurie Watt, Director Municipal Services CAO Approval: Mike Haugen, Chief Administrative Officer REQUEST FOR DECISION AGENDA ITEM # 5.5.2 Page 1 of 3 Version: 2020-01 Subject: Emergency Communications System Upgrade Project Meeting Date: Tuesday, March 10, 2020 Presented By: Deb Grosfield, Manager of Protective Services & Dan Marsellus, Rural Fire Chief Link to Strat Plan: Level of Service Recommended Motion: Council to authorize Protective Services to issue a Request for Proposal for a Digital Emergency Communications System with supplemental AFRRCS options. Background/ Proposal Significant deficiencies have been identified in the current communication equipment in the County. Large fire scenes were not capable of being controlled through the radio system without driving around the scene to coordinate efforts. Many incident scenes have experienced no radio contact with line of sight between all responders involved. Our current radio network is comprised of two repeater systems amongst four county owned towers and one leased tower. One repeater covers Fire needs and one is for Public Works needs. The Province has moved RCMP, EMS and STARS over to the Alberta First Responders Radio Communications System (AFRRCS) making coordination of these resources difficult without a radio patch between the Provincial and County radio systems through Dispatch. Our Peace Officers are carrying two radios currently, one to communicate with Fire, one to communicate with RCMP using AFRRCS. Discussion/ Options/ Benefits/ Disadvantages: In August 2019, RFP-2019-2301-RT Emergency Communications System Upgrade was issued and awarded to Bearcom Canada for part one of the project (Assessment, Non-TCA project). Results show areas of poor coverage in all of the fire districts. Mobile repeaters will need to be part of the project regardless of the system chosen to allow for localized coverage of active emergency scenes in these identified poor signal areas. An issue identified recently relates to the tower in the Trochu area. We lease space on a tower owned by the RCMP, which will no longer be in use following their transition to AFRRCS. This tower will be decommissioned in a year or two, and we are looking into options of purchasing this tower, or replacing this tower at a different location that will serve our needs to a greater extent. The Assessment concluded there are 3 options for improving our system. Option 1: Repair existing system and add mobile repeaters Advantages: a) Repairs to towers and equipment as identified in the report. b) Remains a County owned system REQUEST FOR DECISION AGENDA ITEM # 5.5.2 Page 2 of 3 Version: 2019-01 Disadvantages: a) Single radio channel County wide. b) Only upgrades Fire repeater system , Public works not affected. c) Does not use radio system to full potential d) May need to install one tower in the Huxley area Option 2: Digital Trunked radio system with limited AFRRCS equipment. Advantages: a) Full upgrade of the system. b) More efficient use of radio equipment. Fire system gets overloaded quickly during emergencies. Joining the repeaters together achieves the efficiency needed. c) Large scale emergencies will be run more efficiently internally with 4 County wide radio channels gained from joining the repeaters. d) Including some AFRRCS radios will bridge the gap for interagency cooperation currently lacking in existing infrastructure. e) Trunking joins our 2 repeater systems together. f) It will upgrade all equipment used for the radio communications. g) Investing in our own system ensures we have a back-up system. Disadvantages: a) Not going directly to AFRRCS could result in eventual higher costs, should new tower build be needed. Option 3: Directly into AFRRCS and abandon the need for Emergency communications on any county wide communication tower system. Advantages: a) No requirement for County owned towers b) Maintenance of tower and radio system is the responsibility of the Province c) Large scale emergencies with multiple agency interaction possible d) Mountain View & Rocky View currently using only AFRRCS systems. Other counties looking into moving to AFRRCS sooner than later. Disadvantages: a) Radio cost per unit is high, replacement costs high (between 4-6K per radio if purchased outright) b) Still has same coverage issues as our current radio system and will require mobile repeaters as well. No new towers will be installed at this time. c) System has many failures across the province. d) Currently rent space to rural internet providers on Wimborne, Carbon and Linden area towers, may affect rural internet services. e) Our understanding is that Drumheller is not transitioning to AFRRCS, no connectivity with this department if solely AFRRCS other than through a dispatch level radio patch. f) Public works cannot transition to this system. Other systems may be put in place for this user group. The option recommended is the Digital System with AFRRCS capabilities. This ensures we have a reliable communication system for officer safety with inter- connectivity with all agencies responding to emergencies. REQUEST FOR DECISION AGENDA ITEM # 5.5.2 Page 3 of 3 Version: 2019-01 Financial Implications: With Council’s approval, we will issue a Request for Proposal with many options on the system to ensure we are receiving the best bids on each component (tower vs handhelds). This will also allow us to research options on funding this project, including leasing vs owning to possibly cut down on upfront costs. Future impacts to the operating budget include replacement radios and capital equipment replacement planning. Council Options: 1. Approve the issuance of a RFP for a Digital Communications System with AFRRCS supplemental. 2. Approve one of the other two options as described. 3. Send back to Administration for further information. Recommended Engagement: ☒ Directive Decision (Information Sharing-One way communication) Goal: To educate and inform citizens Tools: ☒ Individual Notification or ☐ Public Notification ☐ Consultative Decision (Consulting the Public – Two way communication) Goal: To seek feedback, test ideas, develop concepts and collaborative solutions Tools: ☐ Public Hearing ☐ Open House ☐ Focus Group ☐ Other- ☐ Collaborative Decision (Active Participation- Share or delegate decision making) Goal: To share or delegate decision making Tools: ☐ Participatory Decision Making ☐ Inter-Municipal Agreement ☐ Other- Attachments: None Follow-up Actions: Issuance of Request for Proposal. Bring results back to Council for further decision, including budget implications. Director Approval: Laurie Watt, Director Municipal Services CAO Approval: Mike Haugen, Chief Administrative Officer REQUEST FOR DECISION AGENDA ITEM # 6.1 Page 1 of 4 Version: 2020-01 Subject: Provincial Budget and Policy Impacts Meeting Date: Tuesday, March 10, 2020 Presented By: Bill McKennan, Director of Corporate services Link to Strat Plan: Improving Fiscal Sustainability Recommended Motion: That Council receive for information the Provincial Budget and Policy Impacts report. Background/ Proposal The province was late in presenting their 2019 Budget, it was tabled on October 25, 2019. The 2020 Provincial Budget was tabled on February 28, 2020. Both AUMA and RMA provided analyses that were circulated to Council and the intent of this report is not to repeat or summarize these analyses; but to present Council with the known and potential impact areas as it relates directly to Kneehill County. In addition to the 2019 and 2020 Provincial Budgets there are numerous policy changes that have been implemented outside of the budget process at the provincial level. Some of these are minor financial/service implications on the County, however the policy changes at the provincial level regarding shallow gas producers and assessment valuations will have a major impact on the County. The financial impacts or these policy changes are also detailed below. Discussion/ Options/ Benefits/ Disadvantages: As Council is well aware the fiscal year for municipalities is the calendar year i.e. January 1 - December 31st. The fiscal year for the Province is April 1st - March 31st; which straddles two calendar years. For ease, and given that the County must budget on the calendar year, the information and impacts of the Provincial Budget and policy changes are presented on our fiscal year basis. This will afford Council the opportunity to manage these challenges during the municipalities budget and tax planning cycle, being the calendar year. Along with the release of the Provincial Budget on February 28, 2020, the Government of Alberta also tabled Bill 4: Fiscal Planning and Transparency Amendment Act. If passed, Bill 4 will require the province to release the annual budget in the month of February. Although this provides for better planning for municipalities it is well after municipalities have started their budget development, which typically starts in late summer/early fall for most municipal units including Kneehill County. The table below details the financial impacts of the 2019 and 2020 Provincial Budgets and Policy Changes that are known at this time. This will be followed with numerous areas of exposure and risk related to the 2020 Provincial Budget announcements but where the potential direct financial implications are not known or announced at this time. REQUEST FOR DECISION AGENDA ITEM # 6.1 Page 2 of 4 Version: 2019-01 2019 2020 2021 2022-24 Total Shallow Gas $2,326,000 $1,925,000 $1,925,000 Education Rebate ($2,326,000) Assessment Review $$$$ $$$$ $$$$ Policing $159,611 $79,978 $239,589 $479,178 MSI $300,000 $210,000 $75,000 $585,000 Total - $2,386,611 $289,978 $314,589 $2,989,178 This known reduction of $2,989,178 equates to an approximate 11% reduction of the County’s overall revenues. The following provides the high level details related to these reductions. Shallow Gas/Education Rebates During 2019 the Province introduced a program that provided industrial property tax relief to shallow gas producers and protected municipalities from lost revenue. Property tax on shallow gas wells and pipelines was reduced by 35%. Our tax billings were adjusted to reflect this provincial policy in the amount of $2,326,000. The Province then reduced our legislated contribution to education by the same amount, so the net financial impact on the County was zero in 2019. On December 19, 2019 the Provincial Government announced that until the new assessment models can be implemented, assessment for shallow gas assets would receive a 35% property assessment reduction effective 2020. The effect of this announcement was to provide the industry the same relief as they received in 2019 but have the municipal ratepayers fund it. The assessment reduction for Kneehill County totals $137,211,640 which equals a 13.2% reduction in our overall linear assessment compared to 2019. This translates into a budget revenue reduction of $1,925,000. Three specific points should be noted: • This municipality will be required to absorb a significant financial impact without consideration of any phasing or input. • The provincial policy change is being implemented prior to the review of the assessment model review. • Kneehill county hit was 13.2% of linear, the average hit across the province was 2.2% Assessment Review In addition to the 35% reduction for shallow gas producers announced in December of 2019, the government announced a pause on the assessment model review. The review of the model will focus on the value of assessments, particularly for oil and gas properties. Changes are anticipated to be implemented in 2021. The review will likely reduce the revenues of the municipalities; however, the potential financial loss cannot be determined at this time. Numerous other transition measures, such as phasing, tax ratios, etc. are also unknown at this time. REQUEST FOR DECISION AGENDA ITEM # 6.1 Page 3 of 4 Version: 2019-01 Policing Funding Model Small and rural communities will begin contributing a portion of front-line policing costs in 2020. The funding model is being phased in: communities will contribute 10% of policing costs in 2020, followed by 15% in 2021, 20% in 2022, and 30% in 2023. The introduction of the 2020 provincial budget does not change the original plan detailed in the 2019 provincial budget. Kneehill County will have an additional expenditure of $159,611 in 2020, this amount will increase to $479,178 in 2024. MSI Funding The 2020 provincial budget continues the planned reductions, mainly related to capital grants, under the MSI Program. The timing of these reductions are detailed in the table above. Overall this represents a 25% reduction in Provincial Capital Grants over the 2020-2024 timeframe. Other Areas of Risks – 2020 Provincial Budget a. Fine Revenue Under the Traffic Safety Act – Province previously kept 27% , this amount has increased to 40%. b. FCSS & Community Support – Core FCSS funding has not been reduced, but delivery mechanisms are being altered and various community grant programs have been reduced. For example, the Community Initiatives Program budget is being reduced from $23.6 million to $ 19.7 million, which is a 16.5% reduction. Municipalities can expect additional funding requests being brought forward for local initiatives. c. Education Property Taxes – The 2020 Provincial Budget increases property taxes for education purposes by 4.2% overall. The expected increase for residential rate payers in Kneehill County is 6% and non-residential is 12%. It should be remembered that the overall increase of 4.2% is distributed to each municipality based on the “equalized Assessment”. This accounts for the difference for Kneehill County. For 2020 the impact is greater since the equalized assessment numbers are for 2019, i.e. they have not been adjusted for shallow gas assessment reductions 35% or the $137,211,640. This requisition is reflected on the County’s tax bill so the ratepayers will perceive this as a “County” increase. Council has no authority to amend these amounts. d. Agricultural Service Boards – Overall funding is being reduced from $11.7 million to $8.5 million or 27.4% provincially. The County receives a $218,000 for our ASB. Potential impacts are unknown at this time. e. The provincial parks network will see numerous program deletions and significant restructuring. f. Numerous provincial ministries will see funding reductions. Resourcing for municipal support in numerous areas will likely be reduced, available on a fee-for –service basis or downloaded. Specific details are unknown at this time. Based on the foregoing, the County will see a significant loss of revenue or increase in costs related to the provincial budget and policy announcements to-date. Numerous risk areas are noted in the 2020 provincial budget documents; however program impacts have not been detailed in the provincial budget. REQUEST FOR DECISION AGENDA ITEM # 6.1 Page 4 of 4 Version: 2019-01 Financial Implications: The financial implications detailed in this report impacting 2020 have been reflected in the proposed 2020 Budget. Staff will be reporting on any of the unknown impacts and recommending mitigating measures in the quarterly variance reports. . Council Options: 1. That Council accepts as information. 2. That Council provides further direction. Recommended Engagement: ☒ Directive Decision (Information Sharing-One way communication) Goal: To educate and inform citizens Tools: ☐ Individual Notification or ☒ Public Notification ☐ Consultative Decision (Consulting the Public – Two way communication) Goal: To seek feedback, test ideas, develop concepts and collaborative solutions Tools: ☐ Public Hearing ☐ Open House ☐ Focus Group ☐ Other- ☐ Collaborative Decision (Active Participation- Share or delegate decision making) Goal: To share or delegate decision making Tools: ☐ Participatory Decision Making ☐ Inter-Municipal Agreement ☐ Other- Attachments: Follow-up Actions: Administration will be providing timely updates as new information becomes available. Director Approval: Bill McKennan, Director of Corporate Services CAO Approval: Mike Haugen, Chief Administrative Officer REQUEST FOR DECISION AGENDA ITEM # 7.1 Page 1 of 2 Version: 2020-01 Subject: Three Hills Victim Services Request Meeting Date: Tuesday, March 10, 2020 Presented By: Mike Haugen, CAO Link to Strat Plan: Level of Service Recommended Motion: That Council donate $500.00 under the Recreation, Community, Arts and Cultural Events grant to Three Hills Victim Services to assist in the costs associated with hosting the annual “Community Conversations Around Elder Abuse” session. Background/ Proposal This agenda item was on the February 25th, 2020 Council meeting agenda. Council passed a resolution to table the Three Hills Victim Services Request until a financial statement is provided. Attached to this RFD is the organization’s financial statement. Administration received a Community Grant to Non-Profit Organizations application from the Three Hills Victim Services group. The group is requesting sponsorship in the amount of $500.00 to assist in the costs of hosting the annual “Community Conversations Around Elder Abuse” session. Administration recommends that this request would be a better fit under the Recreation, Community, Arts and Cultural Events grant. Discussion/ Options/ Benefits/ Disadvantages: The event will take place in The Town of Three Hills on October 21, 2020 from 8:30 a.m. to 4:00 p.m. The Town of Three Hills has also been asked to cover the cost for using the Encana Room. They estimate around 100 people will be in attendance. Financial Implications: 2020 Operating Budget • Recreation, Community, Arts and Cultural Events Policy #15-7 has sufficient funds to adequately fund this request. Council Options: 1. Provide support in the amount of $500.00 2. Provide support in amended amount 3. Receive for information Recommended Engagement: ☒ Directive Decision (Information Sharing-One way communication) Goal: To educate and inform citizens Tools: ☒ Individual Notification or ☐ Public Notification ☐ Consultative Decision (Consulting the Public – Two way communication) Goal: To seek feedback, test ideas, develop concepts and collaborative solutions Tools: ☐ Public Hearing ☐ Open House ☐ Focus Group ☐ Other- ☐ Collaborative Decision (Active Participation- Share or delegate decision making) Goal: To share or delegate decision making Tools: ☐ Participatory Decision Making ☐ Inter-Municipal Agreement ☐ Other- Attachments: Request Letter from Three Hills Victim Services Policy # 15-7, Recreation, Community, Arts & Cultural Events Three Hills Victim Services Financial Statement REQUEST FOR DECISION AGENDA ITEM # 7.1 Page 2 of 2 Version: 2019-01 Follow-up Actions: Staff will notify Victim Services of Council’s Decision. CAO Approval: Mike Haugen, Chief Administrative Officer REQUEST FOR DECISION AGENDA ITEM # 8.1 Page 1 of 2 Version: 2020-01 Subject: Bylaw 1820 - Central Alberta Regional Assessment Review Board Bylaw Meeting Date: Tuesday, March 10, 2020 Presented By: Mike Haugen, CAO Link to Strat Plan: Providing Good Governance Recommended Motion: That Council move first reading to Bylaw 1820, Central Alberta Regional Assessment Board Bylaw, to establish a Joint Assessment Review Board. That Council move second reading to Bylaw 1820, Central Alberta Regional Assessment Review Board Bylaw. That Council move consideration to hold third reading to Bylaw 1820, Central Alberta Regional Assessment Review Board Bylaw. That Council move third reading to Bylaw 1820, Central Alberta Regional Assessment Review Board Bylaw. Background/ Proposal Kneehill County has been a member of the Central Alberta Regional Assessment Review Board (RARB) since October 2018. The RARB services over 20 municipalities in Central Alberta. Members are required to pass a Bylaw that is “mirror imaged” to the City of Red Deer’s bylaw, as the City is responsible to perform all Coordinator Functions. The RARB has recently been reviewed to ensure it is compliant with legislation. Upon review the Bylaw requires amendments to be in compliance with Bill 25 that was passed in December 2019. Discussion/ Options/ Benefits/ Disadvantages: In consultation with Municipal Affairs and Board Counsel, certain changes that were made to this Bylaw include: • clarification made for the establishment of a single LARB and a single CARB - the current wording establishes 'one or more' of each Board and the MGA requires establishment of a single LARB and a single CARB; • bring more clarity to the establishment, appointment and the duties of the Designated Officer; • clearly state that the City of Red Deer is responsible for making public, information on the salary of the Designated Officer as set out in s. 217(3) of the MGA; • reassign the ability to appoint Board Members from the Regional Board Review Committee to the Designated Officer. This is in response to ARB's no longer being included in the definition of 'Council Committee'. The Regional Board Review Committee will now make recommendations to the Designated Officer for Board Member appointments and revocations; • improve language to allow the reader to easily distinguish between the Board Chair (as required in s. 454.1(2) and 454.2(2) of the MGA) and a Presiding Officer; • add sections that will provide clarity around the setting and refunding of filing fees (each Partner Municipality is responsible for doing so within the confines of the MGA and the regulations); • remove sections that are addressed elsewhere in legislation or in policy or procedures of the Board; o selection of Presiding Officers REQUEST FOR DECISION AGENDA ITEM # 8.1 Page 2 of 2 Version: 2020-01 o quorum and voting; and • Omnibus (housekeeping) amendments. Financial Implications: There are no financial impacts related to this bylaw. Council Options: 1. Council approve the Bylaw 2. Council amend the Bylaw 3. Council receive as information Recommended Engagement: ☒ Directive Decision (Information Sharing-One way communication) Goal: To educate and inform citizens Tools: ☒ Individual Notification or ☐ Public Notification ☐ Consultative Decision (Consulting the Public – Two way communication) Goal: To seek feedback, test ideas, develop concepts and collaborative solutions Tools: ☐ Public Hearing ☐ Open House ☐ Focus Group ☐ Other- ☐ Collaborative Decision (Active Participation- Share or delegate decision making) Goal: To share or delegate decision making Tools: ☐ Participatory Decision Making ☐ Inter-Municipal Agreement ☐ Other- Attachments: Bylaw 1778- Original Bylaw Bylaw 1820- Proposed New Bylaw Follow-up Actions: CAO Approval: Mike Haugen, Chief Administrative Officer BYLAW NO 1820 CENTRAL ALBERTA REGIONAL ASSESSMENT REVIEW BOARD BYLAW A BYLAW OF KNEEHILL COUNTY, IN THE PROVINCE OF ALBERTA, TO ESTABLISH A JOINT ASSESSMENT REVIEW BOARD WHEREAS, Section 455 of the Municipal Government Act, permits two or more Councils to jointly establish assessment review boards to have jurisdiction in their respective municipalities; and WHEREAS, the City of Red Deer and the Partner Municipalities jointly wish to establish the Central Alberta Regional Assessment Review Board to exercise the functions of a Local Assessment Review Board (LARB) and the functions of a Composite Assessment Review Board (CARB) under the provisions of the Municipal Government Act in respect of assessment complaints made by their respective taxpayers of a Partner Municipality; NOW THEREFORE, the Council of Kneehill County, in the Province of Alberta, duly assembled, enacts as follows: 1. Short Title 1) The short title of this Bylaw shall be the ““Central Alberta Regional Assessment Review Board Bylaw”. 2. Purpose 1) The purpose of this bylaw is to establish a joint assessment review board that will enable municipalities to provide a mechanism for citizens to appeal their property assessment and tax notices. 3. Definitions 1) Except as otherwise provided herein, words in this Bylaw shall have the meanings prescribed in section 453 of the Municipal Government Act (MGA) 2) In this bylaw the following terms shall have the meanings shown: (a) “Board” means the Central Alberta Regional Assessment Review Board; (b) “Composite Assessment Review Board” or "CARB” means the Composite Assessment Review Board established in accordance with the MGA hears complaints on assessment notices for property other than the property described in section 3(2)(d) of this bylaw and section 460.1 of the MGA; (c) “Designated Officer of the Central Alberta Regional Assessment Review Board (Designated Officer)” means the person appointed to carry out the duties and functions of the clerk of the assessment review boards in accordance with section 456 of the MGA; Bylaw No. 1820, Central Alberta Regional Assessment Review Board Page 2 of 7 (d) “Local Assessment Review Board” or “LARB” means the Local Assessment Review Board established in accordance with the MGA who hears complaints about assessment notices for: (i) residential property with 3 or fewer dwelling units, or (ii) farm land, or (iii) a tax notice other than a property tax notice, business tax notice or improvement tax notice; (e) “Member” means a member of the Central Alberta Regional Assessment Review Board; (f) “Minister” means the Minister determined by the Province to be responsible for the MGA; (g) “Partner Municipality” means a municipality who enters into an agreement with The City of Red Deer to jointly establish the Central Alberta Regional Assessment Review Board and who enacts a bylaw substantially in the form of this bylaw, as well as The City of Red Deer; (h) “Provincial Member” means a person appointed as a provincial member to a CARB by the Minister. 4. Partner Municipalities 1) The Partner Municipalities, which includes The City of Red Deer, hereby jointly establish the Central Alberta Regional Assessment Review Board to exercise the functions of a Local Assessment Review Board and the functions of a Composite Assessment Review Board to have jurisdiction in their municipalities and those of the Partner Municipalities. 2) Each Partner Municipality is responsible for establishing filing fees and administering policies in respect of refunding filing fees in accordance with the Municipal Government Act and the Matters Relating to Assessment Complaints Regulation. 5. Regional Board Review Committee 1) The Regional Board Review Committee is established and will consist of 5 Administrators who volunteer from the Partner Municipalities. 2) The term for Regional Board Review Committee volunteers is one year. 3) The Regional Board Review Committee may establish their own procedures to carry out their function, but in doing so, they shall have due regard for procedural fairness. 4) The Regional Board Review Committee: (a) reviews applications from persons applying to be Members and makes recommendations to the Designated Officer concerning the appointment of Members from the applicants; and (b) may make recommendations to the Designated Officer concerning the revocation of appointment of a Member. Bylaw No. 1820, Central Alberta Regional Assessment Review Board Page 3 of 7 6. Appointment of Board Members 1) The Designated Officer shall appoint not more than 20 citizens-at-large to be Members of the Board. 2) The total number of Members appointed shall be determined by the Designated Officer. 7. Establishment of Boards 1) The following joint Central Alberta Regional Assessment Review Boards are established: (a) a LARB that hears complaints referred to in section 460.1(1) of the MGA; and (b) a CARB that hears complaints referred to in section 460.1(2) of the MGA. 8. Jurisdiction of the Board 1) The Boards shall have jurisdiction to exercise the functions of a Local Assessment Review Board and the functions of a Composite Assessment Review Board under the provisions of the MGA in respect of assessment complaints made by taxpayers of a Partner Municipality. 9. Terms of Appointment 1) Unless otherwise stated in their appointment letters, all Members are appointed for three year terms. 2) If a vacancy on the Board occurs at any time the Regional Board Review Committee may recommend the appointment of a new person to fill the vacancy for the remainder of that term. 3) A Member may be re-appointed to the Board at the expiration of his/her term. 4) A Member may resign from the Board at any time on written notice to the Designated Officer to that effect. 5) The Designated Officer may remove a Member for cause or misconduct, or on the recommendation of the Regional Board Review Committee. 6) Upon being appointed, the Member must successfully complete the training as prescribed by the Minister prior to participating in a hearing. 10. Regional Advisory Group 1) Members will elect from among themselves a Regional Advisory Group consisting of up to 4 members, and comprised of one Advisory Group Chair and up to 3 Vice Chairs. Bylaw No. 1820, Central Alberta Regional Assessment Review Board Page 4 of 7 2) The Regional Advisory Group will report to the Designated Officer on all matters affecting the Board and will: (a) assist the Designated Officer in developing policies governing hearings, conduct of Members, and other Board matters; (b) evaluate Member performance to identify areas where additional training may be required and prepare reports regarding performance and re-appointment of Members; (c) ensure other Members are provided mentoring; and (d) act as a liaison between the Members and the Designated Officer. 3) The duties of the Regional Advisory Group Chair include: (a) chairing meetings of the Regional Advisory Group; (b) establishing agendas for the Regional Advisory Group meetings in consultation with the Designated Officer; (c) liaising with the Designated Officer, Councils, and Partner Municipalities on behalf of the Board; (d) appointing a Regional Advisory Group member as Acting Chair of the Regional Advisory Group; (e) signing correspondence on behalf of the Regional Advisory Group. 4) If the Regional Advisory Group Chair ceases to be a Member or is unable or unwilling to fulfil the Chair’s duties, the Designated Officer may appoint one of the Vice Chairs to serve as Acting Chair until the Chair resumes the Chair’s duties or the Members elect a new Chair. 11. Designated Officer of the Central Alberta Regional Assessment Review Board 1) The position of Designated Officer of the Central Alberta Regional Assessment Review Board to carry out the duties and functions of the Assessment Review Board Clerk is established. 2) Kneehill County jointly appoints The City of Red Deer Legislative Services Manager as the Assessment Review Board Clerk of the Central Alberta Regional Assessment Review Board. 3) The salary of the Designated Officer will be made routinely available in the City of Red Deer annual Financial Statements. 4) The Designated Officer is authorized to enter into agreements on behalf of the Board with other non-partner municipalities to provide Assessment Review Board Services. 5) The Designated Officer: (a) shall assist the Board in fulfilling its mandate; Bylaw No. 1820, Central Alberta Regional Assessment Review Board Page 5 of 7 (b) may delegate to an employee, the duties and functions of the Assessment Review Board Clerk provided they have successfully completed the training as prescribed by the Minister; (c) shall consult with the Regional Advisory Group to set policies, procedures and directives governing hearing processes, Member conduct and other Board matters; (d) shall consult with the Regional Advisory Group and Members on matters affecting the Boards; (e) shall issue instructions to independent legal counsel for the Boards when required (f) may, at the request of a Presiding Officer of a panel of the Board sign orders, decisions and documents issued by the Board; (g) may, at the request of the Chair of the Regional Advisory Group, sign documents issued by the Regional Advisory Group; (h) may set fees payable for persons to obtain copies of the Board’s decisions and documents. 12. Hearings 1) Hearings will be held at such time and place as determined by the Designated Officer. 2) The proceedings of the Board must be conducted in public except where the Board deals with information protected from disclosure under the provisions of the Freedom of Information and Protection of Privacy Act and section 464.1 of the MGA. 13. Commencement of Complaints 1) In accordance with the MGA, a taxpayer may commence an assessment complaint by: (a) mailing or delivering to the address specified on the assessment or tax notice a complaint in the form set out in the ‘Matters Relating to Assessment Complaints Regulation’, Alberta Regulation 201/2017 (Regulations) and within the time limits specified in the MGA; and (b) paying the applicable fee. 14. Rules of Order 1) The Board will conduct hearings in accordance with: (a) the provisions of the MGA and related regulations; (b) principles of natural justice and procedural fairness; and (c) its policies and procedures. 15. Notice of Decisions & Record of Hearing 1) After the hearing of a complaint, the Designated Officer shall: Bylaw No. 1820, Central Alberta Regional Assessment Review Board Page 6 of 7 (a) under direction of the Presiding Officer, assist with the preparation of the decision or order of the Board and the reasons for the decision in compliance with the MGA; and (b) arrange for the order or decision of the Board to be signed; and distributed in accordance with the requirements under the MGA and Regulations. 2) The Designated Officer will maintain a Record of Hearing in accordance with the MGA and the Regulations. 16. Delegation of Authority 1) In accordance with its authority under MGA, Council hereby delegates to the Designated Officer the authority to: (a) appoint members to the Central Alberta Regional Assessment Review Board; (b) jointly prescribe the remuneration and expenses payable to each Member of the Board; (c) jointly appoint a Member as the Chair of the LARB and the CARB and prescribe the term of office and the remuneration and expenses, if any, payable to the Chair; and (d) set fees payable by persons wishing to be involved as a party or intervenor in a hearing before an assessment review board and for obtaining copies of an assessment review board’s decisions and other documents. 17. Reimbursement of Costs 1) The City of Red Deer shall pay for the administrative costs associated with the operation of the Board as set out in the agreement with the City of Red Deer. 18. Transitional 1) This bylaw comes into effect upon third reading of this bylaw. 2) Bylaw No. 1778 is hereby repealed. WHEREAS READ a first time on this __th day of March, 2020. READ a second time on this __th day of March, 2020. UNANMOUS permission for third reading given in Council on the __th day of March, 2020. READ a third time and final time of this __th day of March, 2020. Bylaw No. 1820, Central Alberta Regional Assessment Review Board Page 7 of 7 Reeve Jerry Wittstock Date Bylaw Signed Chief Administrative Officer Mike Haugen REQUEST FOR DECISION AGENDA ITEM # 8.2 Page 1 of 1 Version: 2020-01 Subject: Rural Municipalities of Alberta (RMA) Spring Resolutions Meeting Date: Tuesday, March 10, 2020 Presented By: Mike Haugen, CAO Link to Strat Plan: Providing Good Governance Recommended Motion: That Council receives for information the 2020 Rural Municipalities of Alberta Spring Resolutions Listing. Background/ Proposal The Rural Municipalities of Alberta (RMA) advocates on behalf of rural municipalities in meeting with government and ensures that provincial decision- makers, as well as industry and other relevant stakeholders, understand and incorporate the best interests of rural Alberta in their policies. Discussion/ Options/ Benefits/ Disadvantages: The resolutions that will be presented during the resolutions session at the RMA Spring 2020 Convention are attached for Council’s review and consideration. Financial Implications: Council’s decision will have no impact on the budget. Council Options: 1. Receive for information 2. Request more information Recommended Engagement: ☒ Directive Decision (Information Sharing-One way communication) Goal: To educate and inform citizens Tools: ☐ Individual Notification or ☒ Public Notification ☐ Consultative Decision (Consulting the Public – Two way communication) Goal: To seek feedback, test ideas, develop concepts and collaborative solutions Tools: ☐ Public Hearing ☐ Open House ☐ Focus Group ☐ Other- ☐ Collaborative Decision (Active Participation- Share or delegate decision making) Goal: To share or delegate decision making Tools: ☐ Participatory Decision Making ☐ Inter-Municipal Agreement ☐ Other- Attachments: RMA Spring 2020 Resolutions Follow-up Actions: CAO Approval: Mike Haugen, Chief Administrative Officer RMA Spring 2020 Submitted Resolutions 1) Call to Order 2) Acceptance of Order Paper 3) Resolution Session 1-20S Alberta Wetland Mitigation Directive (Saddle Hills County) 2-20S Additional Depreciation of Machinery and Equipment Property (Schedule D) (MD of Opportunity) 3-20S Implementing Western, Rural Municipal Representation on FCM WEST (Sturgeon County) 4-20S Water and Wastewater – Laws, Regulations and Funding (County of Grande Prairie) 5-20S Regional Economic Development Alliances Continued Provincial Funding (MD of Spirit River) 6-20S Economic State of Crisis (Brazeau County) 7-20S Health Care Co-ops (County of Warner) 4) Vote on Emergent Resolutions (if needed) 5) Closing of Resolution Session Resolution 1-20S Alberta Wetland Mitigation Directive Saddle Hills County Simple Majority Required Endorsed by District 4 (Northern) WHEREAS the Alberta Wetland Policy requires municipalities to implement practices that impact budgets and project timelines with minimal improvements to the environment; and WHEREAS the wetland application process can take several months if a field assessment is required as it can only be completed during the plant growing season; and WHEREAS most of the costs associated with the wetland restoration program are used for administration, with a minimal amount used to improve the environment; and WHEREAS municipalities are required to hire engineers to complete desktop and wetland assessments and Alberta Environment and Parks use significant staff resources to review engineer assessments and process applications; and WHEREAS rural municipalities manage the majority of Alberta’s public road infrastructure; and WHEREAS roads require consistent maintenance and/or re-building to support a growing province, ensure public safety, accommodate increased use including extra weight and more traffic, and align with current standards; and WHEREAS the consequences of not completing road maintenance as required, due to extended time and extra cost, could include putting public safety in jeopardy due to a lack of upgraded roads, and loss of transportation routes for industry and the public due to road bans or road closure; THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta urge the Government of Alberta to modify the Alberta Wetland Mitigation Directive to minimize the administration and assessment process to reduce costs and approval times for municipalities; and FURTHER BE IT RESOLVED that funds colle cted through the Alberta Wetland Mitigation Directive be directed to environment improvement projects that have low administration fees. Member Background Recently, Saddle Hills County has hired consultants to complete wetland assessments on projects and have found the process is time-consuming and expensive, especially if wetlands are found. Below is a summary of an example of one such project: Summary of Wetland Assessment – Highway 725:02 / Township Road 811 The Highway 725:02 and Township Road 811 intersection improvement project consists of a 0.31 km road widening for turning lanes, culvert extension and relocation of a private driveway. A desktop assessment of the wetland was completed which identified impact to five wetlands including a 50 metre buffer. Therefore, a full wetland assessment and impact report was completed. The wetland assessment started on February 27, 2019 and was completed on July 17, 2019 at a cost of $21,855 which includes $7,400 of wetland compensation. RMA Background 9-18F: Impact of the Alberta Wetland Policy on the Cost of Maintaining Public Road Infrastructure THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta urge the Government of Alberta to modify the Alberta Wetland Mitigation Directive to allow all wetland impacts as a result of municipal road maintenance or re-building of existing roads to utilize a one to one ratio, or D to D value wetland replacement; and/or consider exempting all wetland impacts in road right of ways that are smaller than one hectare in size. 15-18F: Wetland Mitigation Directive – Restoration and Compensation THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta request that Alberta Environment and Parks follow the Wetland Mitigation Directive and that permittee -responsible mitigation either through enhancement or construction of wetlands be allowed, be it either through the Alternative Land Use Services program or through wetlands constructed as a part of stormwater management ponds. Resolution 2-20S Additional Depreciation of Machinery and Equipment Property (Schedule D) MD of Opportunity Simple Majority Required Endorsed by District 4 (Northern) WHEREAS machinery and equipment (M&E) property is assessed in accordance with the Alberta Machinery & Equipment Assessment Minister’s Guidelines (the Guidelines), adopted by way of Ministerial Order every year; and WHEREAS additional depreciation may be granted under Schedule D of the Guidelines “[f]or any depreciation that is not reflected in Schedule C…provided acceptable evidence of such loss in value exists”; and WHEREAS several assessment complaints have been filed with the Municipal Government Board respecting assessments for M&E requesting additional depreciation under Schedule D of the Guidelines on the basis of industry-wide economic conditions; and WHEREAS the Provincial Assessor’s policy with respect to Schedule D is to not grant additional depreciation on the basis of industry-wide economic conditions; and WHEREAS the Provincial Assessor’s policy ensures that assessments are not affected by industry -wide economic conditions and that assessment of M&E is based on a stable, predict able system; and WHEREAS policies are already in place to reduce assessments prepared for and taxes paid on M&E, including the reduction of all assessments of M&E to 77% of the value determined in accordance with the Guidelines, a 25% immediate depreciation on M&E pursuant to Schedule C of the Guidelines, and the exemption of M&E from education requisitions; and WHEREAS municipalities depend on the stable, predictable assessment system established by the Guidelines; and WHEREAS if the Provincial Assessor’s policy respecting the assessment of M&E is changed, there will be a significant redistribution of the assessment base within municipalities; THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta (RMA) advocate for the Government of Alberta to take steps to ensure that assessments for Machinery and Equipment are not adjusted under Schedule D of the Alberta Machinery & Equipment Assessment Minister’s Guidelines on the basis of industry-wide economic conditions; and FURTHER BE IT RESOLVED that RMA advocate for the Government of Alberta to amend Schedule D of the Alberta Machinery & Equipment Assessment Minister’s Guidelines to confirm the status of the current policy that additional depreciation under Schedule D is not available on the basis of industry-wide economic conditions; and FURTHER BE IT RESOLVED that RMA advocate for the Government of Alberta to not consider any changes to the Alberta Machinery & Equipment Assessment Minister’s Guidelines without full consultation and consideration of the impact of any changes on all Alberta taxpayers. Member Background Canadian Natural Resources Limited (“CNRL”) filed complaints with the Municipal Government Board (MGB) for property assessments prepared by the Provincial Assessor for designated industrial property in the 2018 and 2019 tax years. The complaints seek reductions in assessments for Machinery and Equipment (M&E), as well as Buildings and Structures, across Alberta. The requested reductions in assessments are in the range of 50%. The properties under complaint are found within 52 Alberta municipalities (the full list of which is provided below). The specific properties under complaint and the affected municipalities vary for 2018 and 2019. The full list provided includes those municipalities affected by both or either of the complaints. In relation to the assessment of M&E in both 2018 and 2019, CNRL argues that the regulated standard found in the Alberta Machinery & Equipment Assessment Minister’s Guidelines (the Guidelines) should include depreciation on the basis of industry-wide market or economic conditions under Schedule D. The Municipal District of Opportunity No. 17 understands that this same argument has been raised in other complaints before the MGB, and it is expected that further complaints will be filed in 2020 (and beyond) on the same basis. If industry-wide market or economic conditions form part of the regulated assessments, then there is little difference between a market value assessment and the regulated assessment process established by the Guidelines. The Provincial Assessor’s current policy is to not allow additional depreciation under Schedule D of the Guidelines on the basis of industry-wide economic conditions. Regulated assessments are not intended to vary with general changes in the economy the way that market value assessments do; this perceived disadvantage is more than offset by the preferential policies embedded in the system. Municipalities depend on this stable, predictable system to ensure an even distribution of property taxes amongst all taxpayers. If this current policy is changed, there will be a significant impact on the distribution of property taxes throughout every municipality in the Province that collects property taxes on M&E. The result will impact all taxpayers within those municipalities due to the resultant shifting of the tax burden. No changes should be made to the current policy respecting application of the Guidelines without full consultation and consideration of the impact such changes would have on all taxpayers. The following municipalities host assets that are subject to the complaints filed by CNRL: • Athabasca County • County of Barrhead No. 11 • Municipal District of Bonnyville No. 87 • Camrose County • Municipal District of Fairview No. 136 • Flagstaff County • Foothills County • County of Forty Mile No. 8 • County of Grande Prairie No. 1 • Special Areas Board • Kneehill County • Lac Ste. Anne County • Lacombe County • Lamont County • County of Minburn No. 27 • County of Newell • County of Paintearth No. 18 • Ponoka County • Red Deer County • Smoky Lake County • County of St. Paul No. 19 • Starland County • County of Stettler No. 6 • Sturgeon County • Municipal District of Taber • Thorhild County • County of Two Hills No. 21 • County of Vermilion River • Vulcan County • Municipal District of Wainwright No. 61 • County of Warner No. 5 • Westlock County • County of Wetaskiwin No. 10 • Wheatland County • Municipal District of Willow Creek No. 26 • Cypress County • Clearwater County • Brazeau County • Woodlands County • Municipal District of Greenview No. 16 • Yellowhead County • Northern Sunrise County • Birch Hills County • Saddle Hills County • Clear Hills County • Mackenzie County • Municipal District of Lesser Slave River No. 124 • County of Northern Lights • Municipal District of Opportunity No. 17 • Town of Drumheller • Lac La Biche County • Improvement District No. 349 RMA Background RMA has no active resolutions directly related to this issue. Resolution 3-20S Implementing Western, Rural Municipal Representation on FCM WEST Sturgeon County Simple Majority Required Individual Resolution WHEREAS rural municipalities across western Canada are members of the Federation of Canadian Municipalities (FCM) which is a collective of 2000 local governments of all sizes across Canada; and WHEREAS FCM’s purpose is to advocate on behalf of all types of municipalities with influence and access to key federal-decision makers within every federal Canadian political party to drive investment in municipal priorities; and WHEREAS FCM has established the Western Economic Solutions Taskforce (WEST) to address municipal priorities and challenges specific to western Canada; and WHEREAS rural municipalities in Alberta, while appreciative of the creation of WEST, believe sufficient western, rural representation does not exist within the group; and WHEREAS attendance at the 2019 FCM conference resulted in disappointment for many western rural municipal leaders because the issues impacting them were not accurately represented at the conference; and WHEREAS rural municipalities in Alberta believe there is opportunity for improvement in FCM’s representation of western, rural Canadian issues and perspectives, specifically in the WEST; THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta (RMA) urge the Federation of Canadian Municipalities (FCM) to address the lack of western, rural representation within the Western Economic Solutions Taskforce (WEST) by advocating to FCM that membership to WEST reflect a balance between urban and rural mayor al perspectives, while keeping the size of the Taskforce at a manageable level. Member Background The Federation of Canadian Municipalities (FCM) currently represents approximately 2000 municipalities across the country, which collectively serve about 9 0% of the Canadian population. Approximately 80% of FCM’s member municipalities are classified as rural. Rural municipalities are generally characterized by low population densities and large geographies. However, rural municipalities provide the essentials of daily life including the production of grain and meat for food, gas and oil for cars and industrial vehicles, gas to heat our homes, and wood to build our homes. In fact, the vast majority of major value-added commercial and industrial projects (oil and gas), agriculture, forestry, and the manufacturing sector happens in rural municipalities. While significant residential, commercial and industrial development occurred throughout the country over time, recent economic conditions have significantly restricted growth for municipalities in western Canada. In turn, the economic downturn has done significant damage to western Canada, with the impact resonating throughout the entire country. In response to this crisis, FCM formed a special taskforce to ensure western Canadian perspectives could be communicated more clearly to Ottawa. This Taskforce, called the Western Economic Solutions Taskforce (WEST) has been mandated with addressing this pressing national concern. WEST brings together urban and rural leaders from across western Canada so they may collectively focus on the economic downturn, generate solutions and partnerships with the Government of Canada, and ensure the western Canadian perspective is well-represented nationally. The composition of WEST includes: Chair, Randy Goulden Chair of FCM’s Prairies and Territories Regional Caucus Co-Chair, Al Kemmere President of Rural Municipalities of Alberta Co-Chair, Charlie Clark Mayor of the City of Saskatoon Michael Fougere Mayor of the City of Regina Don Iveson • Mayor of the City of Edmonton • Chair of the Big City Mayor’s Caucus Naheed Nenshi Mayor of the City of Calgary Brian Bowman Mayor of the City of Winnipeg Bill Karsten President of FCM Darren Hill Third Vice-President of FCM Ray Orb • President of Saskatchewan Association of Rural Municipalities • FCM Rural Forum Chair Gordon Barnhart President of Saskatchewan Urban Municipalities Association Barry Morishita President of Alberta Urban Municipalities Association Ralph Groening President of the Association of Manitoba Municipalities Maya Tait President of the Union of British Columbia Municipalities Garth Frizzell, *ex-officio First Vice-President of FCM Joanne Vanderheyden, *ex-officio Second Vice-President of FCM Vicki-May Hamm, *ex-officio Past President of FCM Two out of 17 members on WEST are rural-focused, and the group contains no rural mayors (yet there are five urban mayors). This warrants action to ensure that important rural, western perspectives are more effectively represented. The reason why rural municipalities exist, their priorities, their values, their opportunities (economic, environmental and social), and their challenges are fundamentally different from those of their urban neighbours. Having both the urban and rural municipal perspectives is vit al to effectively meeting WEST’s mandate for western Canada. RMA Background 8-19F: Opportunity for Improvement in FCM Representation of Rural Issues and Western Perspectives THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta (RMA) use their collective strength and understanding of the rural municipal perspective and priority issues to promote accurate inclusion of rural and western Canadian issues and perspectives at the annual Federation of Canadian Municipalities (FCM) conference, and in FCM communications and advocacy efforts; and FURTHER BE IT RESOLVED that RMA send a letter to FCM identifying areas of alignment and concern with the content of the 2019 annual FCM conference and requesting that planning committees for future annual conferences include appropriate representation from rural western Canada to ensure that conferences are relevant and meaningful to all member municipalities. Resolution 4-20S Water and Wastewater – Laws, Regulations and Funding County of Grande Prairie Simple Majority Required Endorsed by District 4 (Northern) WHEREAS the Government of Canada and Government of Alberta draft and implement laws and regulations to protect the environment and public health, including the production and distribution of potable water and the collection, treatment, and release of wastewater; and WHEREAS the production and distribution of potable water and the collection, treatment, and release of wastewater are essential services crucial to safe, healthy communities; and WHEREAS the production and distribution of potable water and the collection, treatment, and release of wastewater are often provided by municipalities, municipal commissions, or municipally -owned utility companies; and WHEREAS the laws and regulations governing the production and distribution of potable water and th e collection, treatment, and release of wastewater can have both direct and indirect effects on the cost of providing these services; and WHEREAS many water and wastewater service providers are challenged to fund the infrastructure deficits under the current laws and regulations governing the production and distribution of potable water and the collection, treatment, and release of effluent; THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta (RMA) advocate that the Government of Canada and Government of Alberta consider and evaluate the financial impacts that all existing and proposed laws and regulations governing the production and distribution of potable water and the collection, treatment and release of wastewater will have on municipalit ies, municipal commissions, or municipally-owned utility companies, and share this information with RMA; and FURTHER BE IT RESOLVED that the governments of Canada and Alberta establish adequate, stable, long-term funding for all affected water and wastewater service providers which considers the rising costs of providing these services due to federal and provincial laws and regulations. Member Background Located in northern Alberta, the Water North Coalition’s membership is comprised of 93 communities, service providers and organizations including cities, towns, counties and municipal districts, hamlets, Metis Settlements, and commissions. The Water North Coalition sent out a survey to its 93 members to gather input on the water and wastewater issues. One significant concern which showed itself in the results was the rising cost of water and wastewater service delivery. The average water/wastewater infrastructure deficit reported among the respondents was $36.4 million, with a lack of adequate, consistent a nd sustainable funding being cited as the largest challenge. Aging infrastructure and small customer bases in rural areas also add urgency and challenges, as service providers struggle to fund critical projects whose costs will be spread among relatively f ew customers, which can make the services cost prohibitive. These challenges are often amplified in small and rural areas as funding criteria can exclude the water and wastewater service delivery models often found in these communities. These funding pro grams exclude commissions and water cooperatives from applying for funding as the process does not recognize these organizations as service providers. The commissions and water cooperatives, however, are expected to follow the same regulations. The funding programs often lack a formal application process, and have tight timelines when funding does become available, which often poses a disproportionate challenge for smaller and rural communities that lack the resources required to engineer shovel -ready plans, especially in the face of changing laws and regulations. RMA Background RMA has no active resolutions directly related to this issue. Resolution 5-20S Regional Economic Development Alliances Continued Provincial Funding MD of Spirit River Simple Majority Required Endorsed by District 4 (Northern) WHEREAS for 20 years the Government of Alberta (GOA) has embraced a partnership with Alberta municipalities to plan and undertake regional economic development initiatives of mutual interest; and WHEREAS the success of this partnership has made Alberta a leader in the delivery of regional economic development; and WHEREAS Regional Economic Development Alliances (REDAs) provide a cost-efficient venue for the GOA and municipalities to build partnerships to foster economic growth in their regions; and WHEREAS REDAs provide a substantial multiplier effect on dollars invested; and WHEREAS the GOA has limited staffing resources and capacity to offer comparable economic tools and opportunities to rural members to those in urban areas, and WHEREAS the majority of rural municipalities cannot afford to hire th eir own economic development officers; and WHEREAS REDAs are dependent on the GOA’s support due to additional downloading onto municipalities such as policing, which limits the ability of REDAs to charge greater membership fees to municipalities; and WHEREAS the five-year funding agreement for REDAs expires March 31, 2020 and there has been no response on a renewal of this contract; and WHEREAS the loss of REDAs due to GOA funding cutbacks may result in the loss of strong intermunicipal collaborations in rural Alberta that have taken 20 years to build; THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta (RMA) advocate that the Government of Alberta enter into a five-year contract with the existing nine Regional Economic Development Alliances (REDAs) at an equivalent or higher funding arrangement as was in effect in the previous agreement; and FURTHER BE IT RESOLVED that RMA request that the Government of Alberta enter into meaningful discussions with REDA chairs to ensure long-term sustainability of REDAs. Member Background Rural Alberta communities rely on REDAs to help plan and undertake economic development activities. REDAs provide a forum and mechanism for municipalities and other economic development agencies to identify common issues and solutions to problems or opport unities beyond the limited resources of individual municipalities. Examples of big problems that benefit from the collective actions of municipalities include: broadband research, alternate and value-added crop studies; medical training in rural communities; regional infrastructure needs including future access to water; the retention of companies in rural communities through productivity initiatives; and the importance of supporting innovation and competitiveness as a way to retain and grow rural communities. REDAs are supported by their member municipalities, community futures, post-secondary institutions, chambers of commerce and industry. Member municipalities are being asked by the GOA to prosper on reduced provincial grants, less funding and increased costs such as policing. This challenges REDAs to go back to their municipalities for more funding to make up for any shortfall from the GOA. RMA Background RMA has no active resolutions directly related to this issue. Resolution 6-20S Economic State of Crisis Brazeau County Simple Majority Required Individual Resolution WHEREAS Alberta’s unemployment rate is trending upward and remains above the national average; and WHEREAS consumer bankruptcies increased by 9.1% from November 2018 to November 2019; and WHEREAS citizen dependence on employment insurance in Alberta is on the rise; and WHEREAS consumer confidence is plunging due to sustained economic decline; and WHEREAS rural crime, due in part to increased unemployment, has increased markedly since 2014; and WHEREAS commercial bankruptcies are seeing a year over year increase since 2016; and WHEREAS certain bureaucratic government policies in response to perceived environmental emergencies have resulted in actual corporate and personal f inancial crisis; THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta advocate to the governments of Alberta and Canada to declare an economic state of crisis and work with all levels of government to develop and enact policies designed to secure investment and employment in the energy sector. Member Background Western Canada’s resource-based communities are facing unprecedented challenges due to many factors. These factors connect western Canadians but create a disconnect from those elsewhere in the country. Such factors include a lack of awareness on the part of many Canadians about the challenges being faced in western Canada and the perceived indifference of the Government of Canada to continued attacks by radical environmental groups on the industries that are a major contributor to Canada’s economic engine. These factors have led to one common outcome: significant financial challenges for every Canadian who is reliant, either directly or indirectly, on the energy sector for their living. In Alberta, all business is impacted; not only direct energy-related businesses or secondary and tertiary businesses but the local grocery shops, clothing stores and other essential local businesses. Community organizations, sports teams, and schools are suffering due to a lack of membership and financial support as community members move or suffer mental/physical and emotional distress due to the loss of employment. The energy industry’s record of environmental stewardship, Indigenous outreach policy and proven economic success is something that governments at all levels should champion. The re is significant scientific information supporting the environmental practices of Alberta’s energy industry compared to other petroleum producers such as Saudi Arabia or Venezuela. Consultation and inclusion with Indigenous peoples has significantly increased as the reconciliation process has evolved. Alberta’s Indigenous communities have played a significant role and investment in the energy sector which is a key economic driver of the Canadian economy. RMA Background 1-19S: Municipal Support for the Energy Industry THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta advocate for the Government of Alberta to further develop and implement a targeted, national education and marketing campaign on behalf of Albertans in order to offset foreig n protectionism and de- marketing campaigns, regulatory delays, and the combined infrastructure and economic factors that are creating a significant, negative effect on Canada’s local, provincial, and national economies. The elements of the education and ma rketing campaign include as outlined in “Schedule A”; FURTHER BE IT RESOLVED that the Government of Alberta provide resources to offset the combined negative impacts affecting the energy industry through: 1. the continuation of the Petrochemicals Diversification Program; 2. key energy industry-supporting infrastructure development; and 3. a continued strong presence and advocacy with federal, municipal and foreign governments. Resolution 7-20S Health Care Co-ops County of Warner Simple Majority Required Individual Resolution WHEREAS many rural municipalities are involved in supporting the delivery of health care services in their community; and WHEREAS health care co-operatives can provide responsive, cost-effective and quality health care services; THEREFORE, BE IT RESOLVED that the Rural Municipalities of Alberta request the Government of Alberta to adopt a strategy to support the establishment of health care co -ops to be used to better serve rural residents in the overall delivery of health services. Member Background Health care co-ops cannot impose conditions on services governed by the Canada Health Act, but they can work to improve access to these services and provide services not covered by the Act. Health co -ops are focused on preventative health care and education and work to empower individuals to take control of their own health and well-being. Co-operative healthcare has been well established in Canada for over 50 years, addressing the social determinants of health in response to the unique wellness and health needs of individual and communities. They are care-effective, efficient, community-based, member-controlled and values-driven. They provide outstanding services. Health care co-ops are productive, fiscally responsible and socially necessary, as they address the social determinants of health in their communities. They can assist communities and the Government of Alberta in making effective use of health care dollars that are more responsive to local needs. Solving Health Care Challenges Together a co-operative approach to building healthier communities January 2020 www.acca.coop * info@acca.coop ACCA’s Member Co-ops 2.15 Million $150 Million 7+ Industries Member owners in Alberta Refunded to Members since 2017 Active in Agriculture, Financial, Housing, Insurance, Petroleum, Retail, and Rural Utility Industries Alberta’s Co-op Sector 687 ~ 8%2 in 3 Incorporated co-operatives and credit unions of all co-operatives in Canada are found in Alberta Albertans are a member of a co-operative or credit union Canada’s Co-op Sector 21 Million 3.4%195 Thousand Member-owners GDP contribution jobs in every industry Solving Health Care Challenges Together Co-ops play an important role in Alberta’s communities Whether banking at credit unions, supplying farmers, feeding families, or powering homes, the co-operative model is by no means an experiment: it is a proven success especially in rural Alberta. As co-operatives, we don’t have customers or offshore shareholders - we have members. They are owners and investors who believe that business profits - and the jobs they create - should stay right here in Alberta. Co-ops are built by people and communities who cannot afford to wait on outside help. They understand that the power of local ownership and democratic decision-making is a fairer way of doing business. As people-driven enterprises, we are in tune with the “let’s get this done” attitude that defines Albertans. Co-operatives are woven into the Alberta past and present landscape, but there is much more we can do to ensure that co-operatives are a core part of the vibrant future of Alberta. Co-ops are guided by seven global principles Co-ops around the world are organized according to the seven international principles of co-operation. 1. Voluntary and Open Membership 2. Democratic Member Control 3. Members Economic Participation 4. Autonomy and Independence 5. Education, Training and Information 6. Co-operation Among Co-operatives 7. Concern for Community Co-operative Social Responsibility Co-ops are actively engaged in the communities where they do business. “Co-operative Social Responsibility” is about doing what is right and not just about checking off a box on a corporate to-do list. If our community fails, we fail. Alberta Community & Co-operative Association info@acca.coop www.acca.coop Solving Health Care Challenges Together Paul Cabaj Executive Director execdir@acca.coop 780-963-3766 Accessing quality health care is an ongoing priority for Albertans. Concerns about access to primary, preventative and home care services will only increase as our population ages. The strain on government budgets to meet these growing needs, accelerated by the option of effective but expensive new technologies, promises to deepen. New forms of service delivery are required to meet these demands, and co-operative health care organizations in Canada and worldwide are responding. In Canada, co-operatives offering health services take different forms ranging from community health centers, medical clinics, ambulance services, and home care co-operatives. Role of the health and senior care co-ops As businesses owned by their members, health and senior care co-ops fill the gaps in the public health system. Working in conjunction with their provincial health authorities, co-op services focus on the health and well-being of their members, and most use the social determinants of health to guide improvements in the health of individuals. In Canada, health and social services co- ops provide Canadians with access to a multitude of care options (e.g. primary care clinics, comprehensive care clinics, ambulance services, home care, palliative care, training and information, health promotion, group purchasing medical supplies, mental health facilities, orientation for newcomers health insurance), thus meeting most of the criteria established by the World Health Organization for defining a comprehensive health care benefit. While owned and controlled by their users, all health care co-ops align with the Canada Health Act and provide services to any Canadian, regardless of whether they are members of the co-operative. Solving Challenges Together in Health and Senior Care Benefits Overview Health care co-operatives can provide responsive, cost-effective and quality services to seniors in both health care and housing. ACCA sees an opportunity to utilize the co-operative model within Alberta Health’s Clinical Alternative Relationship Plans (ARP). Unlike private health care systems, co-operative health care services are owned and managed by their patients on a non-profit basis and have proven they can work fully within the Canada Health Act. There are already over 500 health and social service co-operatives in Canada and they are proving to be a successful model that we can use right here in Alberta by exploring the opportunities through ARP. According to the last federal census, about 25% are health care co-operatives, 15% are senior care co-operatives, and 12% of ambulatory care co-operatives. Co-operatives in this sector employ more than 10,000 people and serve around 161,000-members. Co-operative clinics also report significantly higher usage of nurse practitioners in delivering primary care and greater reliance on salaried, rather than fee-for- service compensated, physicians. Services offered by co-operatives improve overall health and well-being, help reduce the workload in the public sector, and reduce the need for family physicians. In Quebec alone, health care co-operatives provide 2.6 million of hours of home care each year and provide primary medical care to 178,000 people in the province. Services offered by co-operatives improve overall health and well-being, help reduce the workload in the public sector, and reduce the need for family physicians. Solving Health Care Challenges Together Alberta Community & Co-operative Association info@acca.coop www.acca.coop In terms of outpatient services, Canadian co- operatives outside Quebec provide care directly or indirectly through community health clinics, ambulance services and home care. Co-operative health and senior care offer quality solutions that are often more personalized and transparent than what is found in the public system or among private providers. Health care co-operatives take the form of worker co-operatives, consumer co-operatives, multi- stakeholder co-operatives, consumers/workers/ community organizations areas, purchase co- operatives or shared services. Alignment with Alberta Health Priorities We believe that co-operatives could be used to deliver one or more of the following benefits to Albertans: • Improve access to a range of health care services in underserved communities • Improved health care practitioner recruitment and retention • Reduce patient wait times • Improved home care services for individuals and better working conditions for home care providers • Develop new self-management models for the delivery of health care services to Indigenous peoples and deepen linkages between the delivery of child welfare and health care services for children Proposed Partnership The ACCA would like to work in partnership with Alberta Health to leverage the co-operative model in providing better health outcomes for Albertans. We propose a three-phase research project: Phase 1 - Mapping Opportunities for Co- operative Innovation: This phase includes: • Identifying and filling significant gaps in current health care provision in underserved communities. • Conducting educational workshops with AHS staff on the potential of the co-operative health model including support and mentorship from leaders from health co-operatives in other jurisdictions. • Framing potential co-operative solutions to these gaps via best practices in co-operative health care provision across Canada and internationally. • Identifying communities with the potential to host community pilots based on criteria of need and leadership capacity. Phase 2 - Engage Communities: This phase includes holding community information sessions on the health co-operative model in five to six potential pilot communities, including a minimum of two Indigenous communities. We would also hold meetings with community leaders and allied health/social service organizations to explore the feasibility of co- operative solutions to priority community health needs. The result would be to identify three communities (one Indigenous, one rural, and one urban/peri- urban) as potential hosts for the health care co-op pilot. Explore results - Compile results of the previous two phases and provide education to key ministry staff on evidence-based advantages of the co-operative model, including recommendations for implementation of the pilot health care co-ops in the proposed communities. Co-operatives ... offer quality solutions that are often more personalized and transparent than what is found in the public system or among private providers. Examples of Health and Senior Care Co-operatives Saskatoon Community Clinic saskatooncommunityclinic.ca The Saskatoon Community Clinic (Saskatchewan) is a provider of primary health care services. The ultimate goal is to build a healthy population by providing support focused on healthy lifestyles, disease prevention, patient education, diagnosis and treatment. Although owned and operated by its members, its services are open to all. Our Unique Distributed Ownership Model Co-ops enable member-owners to impact business outcomes and influence decisions with a model built on a democratic one member, one vote system. This creates access to products, services or markets not otherwise available. Paul Cabaj Executive Director execdir@acca.coop 780-963-3766 The Medical Clinic Les Grès cliniquemedicalelesgres.ca Saint-Étienne-des-Grès were the first health services co-operative in Quebec to open in 1995. Currently, 12 doctors and a team of nurse clinicians, a specialized nurse, a social worker and a physiotherapist provide services throughout the surrounding rural communities. The clinic also houses a pharmacy, a dentist, an optometrist, psychologists and a physiotherapist. Community First Health Co-op healthco-op.ca Founded in 2003 in response to the loss of services at the local level, Community First Health Co-op (CFHC) is a co-operative of consumers and care providers to improve the health and well-being of communities, families and individuals by providing health care and dental care in the Nelson, B.C., area. The EESAD Cooperation aidechezsoi.com The Co-operation Network of Social Economic Enterprises for Home Help (EESAD) is present in the seventeen administrative regions of the province of Quebec. Via its network of co-operative and non-profit home care organizations, they provide more than seven million hours of service to 100,000 people, including nearly one million hours of business support services. EESAD employs more than 9,400 people, including 8,700 home service providers with the necessary skills and expertise, to provide quality home support and services to citizens in need. Health Care Co-operatives Federation of Canada healthcoopcanada.com The Health Care Co-operatives Federation of Canada (British Columbia) brings together co- operatives across Canada that focus on wellness, social services and health. Offering networking and training opportunities on specialized and larger topics, this national federation shares the work of its member co- operatives and represents the entire sector. RMA Background RMA has no active resolutions directly related to this issue. REQUEST FOR DECISION AGENDA ITEM # 8.3 Page 1 of 1 Version: 2020-01 Subject: Alberta Focused Reception at FCM Meeting Date: Tuesday, March 10, 2020 Presented By: Mike Haugen, CAO Link to Strat Plan: Providing Good Governance Recommended Motion: That Council receive for information the request from Sturgeon County regarding the Alberta Focused Reception at FCM. Background/ Proposal Administration received a letter from Mayor Alanna Hnatiw from Sturgeon County. The letter is requesting fellow Alberta Municipalities to become involved in an Alberta-focused reception at FCM in June. The event will be held on June 6, 2020 from 5:00 p.m. to 9:00 p.m. at the Imperial Room at the Fairmont, Toronto. This is where a brief education presentation and entertainment would take place. The group is currently working on obtaining a keynote speaker who will entertain and potentially moderate a panel. Discussion/ Options/ Benefits/ Disadvantages: Sturgeon County, MD of Greenview, and the Municipality of Wood Buffalo have all contributed up to $10,000 of funds to this event, and are asking municipalities to either contribute monetary funds to this event or assist in the planning of this event. Financial Implications: 2020 Operating Budget- 97-27700, Council’s Contingency Account. Council Options: Kneehill County has never contributed to an event like this in the recent past. 1. Council receive for information. 2. Council contribute funds to this initiative. 3. Council participate in planning of this event. 4. Council contribute funds and participate in planning Recommended Engagement: ☒ Directive Decision (Information Sharing-One way communication) Goal: To educate and inform citizens Tools: ☒ Individual Notification or ☐ Public Notification ☐ Consultative Decision (Consulting the Public – Two way communication) Goal: To seek feedback, test ideas, develop concepts and collaborative solutions Tools: ☐ Public Hearing ☐ Open House ☐ Focus Group ☐ Other- ☐ Collaborative Decision (Active Participation- Share or delegate decision making) Goal: To share or delegate decision making Tools: ☐ Participatory Decision Making ☐ Inter-Municipal Agreement ☐ Other- Attachments: Sturgeon County Request Letter. Follow-up Actions: Notify Sturgeon County of our decision. CAO Approval: Mike Haugen, Chief Administrative Officer Page 1 of 2 March 2, 2020 Dear Alberta Municipalities: Alberta is currently in a time of crisis. We are facing ongoing challenges in our Province’s energy and agriculture sectors; tensions are rising, and western alienation continues to grow. Alberta is a place of innovation and opportunity—our Province has so much to offer to Canada and the world. Now is the time to make that clear. Our municipality believes there is an opportunity at the upcoming Federation of Canadian Municipalities (FCM) Convention to promote Alberta to a national audience while contributing to improve inter-provincial relationships and enhanced prosperity. We want to propose setting the stage to tell a truly Albertan story. Each municipality in our great province is unique and brings strengths to the collective table. This June, at the FCM Convention, let us showcase to the rest of Canada, the high level of competitiveness and diversity that flourishes in Alberta. We know Alberta as a destination for unique tourism, agriculture, and machine learning. Our Alberta is home to world-class post-secondary institutions and advanced manufacturing. We are a place of aviation, renewable energy, a highly skilled workforce, and solutions-based thinking. We are proud to say Alberta is also home to the most ethically-sourced traditional energy extraction projects in the world that help fuel our modern times. Let’s tell our story. We are reaching out to our fellow municipalities to gauge interest in being involved in an Alberta-focused reception at FCM. The purpose of the reception is to reframe the perspective others throughout our Country may have about Alberta. This event will be held on June 6, 2020 from 5:00 p.m. to 9:00 p.m. where brief educational presentations and entertainment would be available. Currently working towards having a keynote speaker who will entertain and potentially moderate a panel. We envision having notable Albertans attend the reception to share, from their perspectives, what makes this Province the most desirable place to be. Each participating municipality may also have the opportunity to showcase their community in a one-two minute video loop. Sturgeon County, MD of Greenview and the Municipality of Wood Buffalo’s Councils recently passed motions to fund portions of this event, up to $10,000. The Imperial Room at the Fairmont, Toronto has been secured. We understand that these are tough economic times and that monetary contributions to this initiative will vary from municipality-to-municipality. We are of the firm belief, however, that this opportunity can be a success if we all band together. Page 2 of 2 With June quickly approaching, we are actively looking for partners. Sturgeon County respectfully requests that your municipality reply to this call-to-action, with details on how you may be able to participate in the planning and/or funding of the event. In addition to support from other municipalities, we are also turning to industry and the Government of Alberta to help progress this important initiative. When indicating interest please reply to: Deputy Mayor Neal Comeau, Sturgeon County: Email: ncomeau@sturgeoncounty.ca or Cell: 587 986 5035 A small shift in one person’s perspective can lead to significant change. Under one unified action, we can achieve our goal. Sincerely, Alanna Hnatiw, Mayor, Sturgeon County Cc: Dane Lloyd, MP Sturgeon River-Parkland Honourable Dale Nally, Associate Minister of Natural Gas Shane Getson, MLA, Lac Ste. Anne-Parkland Council, Sturgeon County Reegan McCullough, CAO Sturgeon County REQUEST FOR DECISION AGENDA ITEM # 8.4 Page 1 of 2 Version: 2020-01 Subject: Intermunicipal Collaboration Framework Agreement – Village of Carbon Meeting Date: Tuesday, March 10, 2020 Presented By: Mike Haugen, CAO Link to Strat Plan: Providing Good Governance Recommended Motion: 1. That Council authorize the Reeve and CAO to execute the Carbon Transportation Agreement as presented. 2. That Council authorize the Reeve and CAO to execute the Carbon Recreation Agreement as presented. 3. That Council authorize the Reeve and CAO to execute the Carbon Transfer Station Agreement as presented. 4. That Council authorize the Reeve and CAO to execute the Carbon Urban Weed and Pest Agreement as presented. 5. That Council authorize the Reeve and CAO to execute the Kneehill County – Village of Carbon Intermunicipal Collaboration Agreement as presented. Background/ Proposal As a result of recent updates to the Municipal Government Act (MGA), the Province now requires all municipalities that share a common boundary to adopt an Intermunicipal Collaboration Framework (ICF) by April 1, 2020. Further amendments through Bill 25 has provided clarification on the ICF process as follows: • The framework must describe the services to be provided under it that benefit residents in more than one of the municipalities. • The municipalities must identify which municipality is responsible for providing which services and outline how these services will be delivered and funded • Every framework must contain provisions establishing a process for resolving disputes that occurs while the framework is in effect Discussion/ Options/ Benefits/ Disadvantages: As part of this process, the negotiation of several agreements has also taken place. The proposed negotiated agreements are attached and recommended for approval. Financial Implications: All costs associated with the proposed agreements will be built in to the County’s 2020 budget. Council Options: 1. Approve the agreement(s) as presented 2. Approve the agreement(s) as amended 3. Committee members to meet with Village of Carbon Committee members to discuss amendments to the proposed agreement. REQUEST FOR DECISION AGENDA ITEM # 8.4 Page 2 of 2 Version: 2019-01 Recommended Engagement: ☒ Directive Decision (Information Sharing-One way communication) Goal: To educate and inform citizens Tools: ☒ Individual Notification or ☐ Public Notification ☐ Consultative Decision (Consulting the Public – Two way communication) Goal: To seek feedback, test ideas, develop concepts and collaborative solutions Tools: ☐ Public Hearing ☐ Open House ☐ Focus Group ☐ Other- ☐ Collaborative Decision (Active Participation- Share or delegate decision making) Goal: To share or delegate decision making Tools: ☐ Participatory Decision Making ☐ Inter-Municipal Agreement ☐ Other- Attachments: Proposed ICF and Agreements Follow-up Actions: Notification to Village of Carbon Notification to the Minister that the ICF process is complete CAO Approval: Mike Haugen, Chief Administrative Officer MEMORANDUM OF UNDERSTANDING to Assist Municipal Transportation Operations THIS AGREEMENT made effective this 1st day of January, 2020 between: KNEEHILL COUNTY, hereafter known as the County and the VILLAGE of CARBON, hereafter known as the Village WHEREAS, all municipalities in Alberta that share a boundary are required to provide for the integrated and strategic planning, delivery and funding of intermunicipal services; and WHEREAS, Intermunicipal Collaboration Framework (ICF) agreements for adjacent municipalities must be completed by April 1, 2020; and WHEREAS, the requirements of ICF’s are broadly described in Sec. 708.28 to 708.43 of the Municipal Government Act (MGA) and in ICF Regulation 191/2017; and WHEREAS the Village desires the County to assist with operations on the streets and avenues located within the boundaries of the Village. NOW THEREFORE the parties agree as follows: 1. The County agrees to assist with operations on the streets and avenues of the Village. 2. Grading and snowplowing services provided by the County to the Village will be at the request of the Village, and at the costs outlined in the current Master Rates Bylaw of the County. 3. The Village may apply to have dust control applied to a Village road or any County controlled road that is considered a border road to the Village. The Village will be responsible for all costs associated with the application as outlined in the County’s current Master Rates Bylaw. 4. The Village acknowledges that subsequent service or hold harmless agreements may need to be signed for dependent on the specific services requested. 5. The County will invoice the Village following the completion of services and the Village agrees to pay all charges for such work not later than thirty (30) days following the date on which the County issues a statement for such charges. 6. The timing of the delivery of services is at the discretion of the Chief Administrative Officer of the County or designate. Such operations undertaken shall not unduly interfere with the regular supply of services and maintenance to the County at large, while respecting the priorities established by County Council through policy. 7. The Village covenants and agrees that any damage to the Village resulting from the services provided shall be at the Village’s sole risk and expense, excepting in the case of operator negligence. The County will not be responsible for any damage or failure to road structures or substructure they provide services on. 8. The County shall have the right to refuse to perform operations on any street or avenue when in the opinion of the Chief Administrative Officer or designate, it would be hazardous or unsafe to do so. Entrance and workspace to the said streets and avenues must have clearance as requested by the County for equipment to safely enter into and safely operate within the streets and avenues. 9. The Village acknowledges that there are several roads within the Village that are currently maintained by the County at no cost to the Village, as depicted in Schedule “A”. 10. The Village will work with the County to ensure that future development does not unduly impact the County’s regarding the County’s road infrastructure. In Witness whereof Kneehill County has hereunto affixed its corporate name and seal this ____ day of __________ 20_____ and the Village of Carbon has hereunto affixed its corporate name and seal this ____ day of ___________ 20____. Kneehill County Village of Carbon _________________________ _________________________ Reeve, Jerry Wittstock Mayor, Bryan Peever ________________________ _________________________ CAO, Mike Haguen CAO, Vanessa Van der Meer Schedule “A” MEMORANDUM OF AGREEMENT to Assist Recreational Operations THIS AGREEMENT made effective this day of , 2020 between: KNEEHILL COUNTY, hereafter known as the County, and the VILLAGE OF CARBON, hereafter known as the Village. WHEREAS, all municipalities in Alberta that share a boundary are required to provide for the integrated and strategic planning, delivery and funding of intermunicipal services, and WHEREAS, Intermunicipal Collaboration Framework (ICF) agreements for adjacent municipalities must be completed by April 1, 2020, and WHEREAS, the requirements of ICF’s are broadly described in Sec. 708.28 - 708.43 of the Municipal Government Act (MGA) and in ICF Regulation 191/2017, and WHEREAS, recreation is one of six (6) named elements that must be addressed in ICF discussion, and WHEREAS, both the County and the Village contribute toward facilities for recreation for the residents of the Village and the County, and WHEREAS, the County has historically provided funding for the operation of Recreation Facilities within the Village; NOW THEREFORE The County and Village mutually agree as follows: 1. The County will provide to the Village $37,500 annually in support of Recreation Facilities located within the Village. 2. The term of the agreement will be from January 1, 2020 to December 31, 2024. 3. The Village will ensure that the County’s contribution will go toward funding recreation programs and facilities, not simply Administration overheads. The specific recreation priorities/facilities for which the funding is applied to shall be determined by the Village. 4. The Village acknowledges that the County owns and operates recreation facilities that are of benefit to the Village. The County agrees that there will be no request for reciprocal recreation funding from the Village towards County recreational facilities owned and operated by the County for use by Village residents. 5. The Village will provide the County with a listing of how the funds provided by the County were utilized. This accounting will be provided to the County prior to the current year’s funds being provided. In Witness whereof Kneehill County has hereunto affixed its corporate name and seal this ____ day of __________ 20___ and the Village of Carbon has hereunto affixed its corporate name and seal this ____ day of ___________ 20___. Kneehill County Village of Carbon _________________________ _________________________ Jerry Wittstock, Reeve Bryan Peever, Mayor ________________________ _________________________ Mike Haugen, CAO Vanessa Van der Meer, CAO Carbon Transfer Station Agreement 1 | Page CARBON TRANSFER STATION MEMORANDUM OF AGREEMENT MADE EFFECTIVE THIS DAY OF , 2020. BETWEEN: KNEEHILL COUNTY BOX 400, THREE HILLS, ALBERTA T0M 2A0 (hereinafter called the “County”) AND THE VILLAGE OF CARBON BOX 238, CARBON, ALBERTA T0M 0L0 Whereas the County operates a waste disposal/recycling site on land which it owns, namely – Part of the NW-13-29-23-W4 in the Province of Alberta, commonly known as the Carbon Transfer Station. And Whereas the layout of the waste disposal site contains a metal transtor bins used for temporary storage for household garbage or a number of bins as determined by the Drumheller and District Solid Waste Management Association. It is hereby agreed that non-household waste and hazardous materials such treated grain, agriculture plastic containers/packaging of pesticide or herbicide chemicals, antifreeze, oil or oil products, or other materials deemed unacceptable by Kneehill County Bylaw 1684, and amendments thereto, shall not be disposed of at the transfer site. NOW THEREFORE THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS: THE TERM: 1. The term of this agreement will be from January 1, 2020 to December 31, 2024. THE COUNTY: 1. Will allow its said land to be used by any County resident and Village of Carbon resident for disposal of household garbage in accordance with the terms of this agreement. 2. Will accept responsibility for the operation and maintenance of the garbage transfer site. 3. Will accept responsibility for the operation and maintenance of all buildings on site including but not limited to, site office, site restroom facilities. Carbon Transfer Station Agreement 2 | Page 4. Will hire, compensate, supervise, train and be responsible for the site attendant and will also carry the appropriate liability, property damage, fire and theft insurance as may be required in connection with the operation of the said site. 5. Will continue its membership and participation in the Drumheller and District Solid Waste Association. 6. Will ensure that the site is operated and maintained in a manner satisfactory to the Province of Alberta as required under the Environmental Protection Act. Will accept all liability for the reclamation and/or clean-up due to non-compliance issues which may be required by the Province of Alberta under the Environmental Protection Act or other subsequent acts and regulations. THE VILLAGE OF CARBON: 1. Will assume and accept to pay to the County a one-time flat fee per calendar year to offset costs for operation and maintenance of the transfer station site. This flat fee payable annually to the County will be $3500.00 beginning January 1, 2020 for the duration of the agreement. A 2% increment will be added to the flat fee each year for the duration of this agreement. 2. Will continue its membership and participation in the Drumheller and District Solid Waste Association. GENERAL TERMS: 1. The site is to be adequately and properly supervised during business hours for public use. 2. The site is to be open to the public a minimum of one day a week. 3. The Village of Carbon, its agents or employees, will retain unlimited access to the site in order to dispose of any waste generated by and or collected by the Village of Carbon; however, the site shall not be open to the public during that time. 4. The terms of this agreement may be changed if mutually agreed upon by the parties hereto, and will continue on a year to year basis. 5. The agreement may be terminated by provisions of six (6) months written notice by either party and negotiations would be entered into to determine how any assets acquired under this agreement are to be disposed of, and what compensation, if any, is payable to either party by the other as a result of terminating this agreement. If a satisfactory solution cannot be reached, both parties agree to enter into binding arbitration as provided for under the rules and regulations of the Arbitration Act of Alberta. Carbon Transfer Station Agreement 3 | Page In Witness whereof Kneehill County has hereunto affixed its corporate name and seal this ____ day of __________ 20___ and the Village of Carbon has hereunto affixed its corporate name and seal this ____ day of ___________ 20___. Kneehill County Village of Carbon _______________________ ___________________ Reeve, Jerry Wittstock Mayor, Bryan Peever ______________________ _______________________ CAO, Mike Haugen CAO, Vanessa Van der Meer Municipal Agreement for Weed & Pest Inspection Between Kneehill County and Village of Carbon PURPOSE All local authorities in Alberta are delegated responsibility for controlling regulated weeds and pests within their boundaries by the Province of Alberta through the Weed Control Act. Kneehill County has reached an agreement with the below signed municipality to approach weed and pest control through public awareness, education, integrated pest management and leadership. OBJECTIVES • To work as partners and share resources to save ratepayers money • To address weed & pest control issues in each partner’s jurisdiction efficiently and equitably • To share knowledge and understanding of weed & pest control methods, issues and opportunities • To provide expertise in administration of the Weed Control Act & Pest Control Act • To acquire and share knowledge of urban and rural weed & pest control priorities • To manage vegetation and pests in a consistent manner that is mutually beneficial to the community as a whole RESPONSIBILITIES • Kneehill County o Provides an appointed Weed & Pest Inspector to enforce the Alberta Weed Control Act & Agricultural Pest Act o Provides truck, communication channels and other resources as required o Provides knowledgeable, trained and educated staff o Expenditures are recorded for actual inspection time and resources consumed. o Municipality will be invoiced for actual expenditures for herbicide applications if and when required. • The Village of Carbon o Administration forwards vegetation & pest complaints or concerns to the Inspector o Review and approve the budget allotment for Weed & Pest Inspection annually o Participates in an annual evaluation with Agricultural Fieldman • Appointed Inspector o Provides recommendations to partners in carrying out provisions of the Weed & Pest Acts o Provides weed & pest identification, control and management expertise o Reports issues, opportunities and outcomes to partner administration o Works proactively identifying problem areas through visual survey Page 2 of 2 o Recognizes the culture and political climate of each municipality o Consults with and works cooperatively with partner staff in weed & pest control programs o Communicates regularly with partners by written and verbal means o Issuing a formal notice to take remedial action as required, only where all other informal measures do not work o Monitor properties for compliance up to the point where a formal notice has not been complied with • Primary Contacts • Kneehill County Fallon Sherlock, Land Care Coordinator (Primary Contact) weed.inspector@kneehillcounty.com Tel: 403-443-5541 Bowen Claūsen, Manager of Parks & Agricultural Services Bowen.Clausen@kneehillcounty.com Tel: 403-443-5541 • Fee Schedule o Hourly rate: 2020 and 2021 - $30/hour 2022 and 2023 - $32/hour o Vehicle mileage rate as per Canada Revenue Guidelines (may change annually) o Herbicide application as required at cost • Term of agreement o This agreement shall be for a four (4) year term commencing January 1, 2020 expiring December 31, 2023. Kneehill County Village of Carbon _________________________ _________________________ Jerry Wittstock, Reeve Bryan Peever, Mayor ________________________ _________________________ Mike Haugen, CAO Vanessa Van der Meer, CAO Intermunicipal Collaboration Framework Between Kneehill County and Village of Carbon 1 KNEEHILL - CARBON INTERMUNICIPAL COLLABORATION FRAMEWORK THIS AGREEMENT made effective _______________, 2020, between: KNEEHILL COUNTY BOX 400, THREE HILLS, ALBERTA T0M 2A0 (the “County”) and the VILLAGE OF CARBON BOX 249, CARBON, ALBERTA T0M 0L0 (the “Village”) (hereinafter called the “Parties”) Intermunicipal Collaboration Framework Between Kneehill County and Village of Carbon 2 PREAMBLE WHEREAS, the County and the Village recognize the importance and the responsibility of each respective municipality to make decisions on behalf of their residents; and WHEREAS, the parties share common interests and are desirous of working together to provide services to their residents and ratepayers; and WHEREAS, the parties are committed to the principle of mutual benefit to deliver some services within the region effectively, efficiently, and economically; and WHEREAS, the parties share a common border; and WHEREAS, the Municipal Government Act stipulates that municipalities that have a common boundary must create a framework with each other that identifies the services provided by each municipality and the funding arrangements for these services. NOW THEREFORE, by mutual covenant of the parties hereto it is agreed as follows: 1. PURPOSE a) The purpose of this Framework is to establish an Intermunicipal Committee and a collaborative process to direct intermunicipal communication and cooperation to support services that have mutual benefit. 2. SIGNATORIES a) The signatories to this Framework are the Reeve, Mayor and the Chief Administrative Officers of each municipality. b) The terms “Signatory”, “Party”, “Partner”, and “Municipalities” may be used interchangeably in this agreement. 3. DEFINITIONS a) In this Agreement: “Arbitration” means a process to resolve disputes outside the courts. An arbitration decision is legally binding on both sides and enforceable in the courts. “Chief Administrative Officer” means the Chief Administrative Officer for each municipal jurisdiction party to this agreement or their designate(s) thereof. “Chief Administrative Officer” Intermunicipal Collaboration Framework Between Kneehill County and Village of Carbon 3 or “CAO may be used interchangeably in this Agreement. "Committee" means Intermunicipal Collaboration Committee as defined in Section 5 of this Framework. “Dispute Resolution Process” includes a wide range of processes, including mediation and arbitration or various forms of, with each being an alternative to litigation, designed to meet the unique needs of the parties involved or the dispute at hand. “Final Offer Arbitration” refers to arbitration in which both parties submit their final offer to the arbitrator, and the arbitrator will choose one offer as the resolution to the dispute. The process gives each party an incentive to make a reasonable offer. The arbitrator’s decision is final and binding on the parties. "Framework” or “Agreement" may be used interchangeably in this document and means this agreement including all Appendices hereto. “Intermunicipal Service Provision” refers to municipal services provided through a shared or joint agreement with another municipality to residents and ratepayers. This includes services where a formal or an informal arrangement with another municipality is in place to access, administer, or deliver a civic service or function. “Lead” refers to the municipality or organization assigned to organize or administer the day-to-day operations of a specific intermunicipal initiative. “Mediation” means a process involving a neutral person as a mediator who assists the parties to a matter and any other person brought in with the agreement of the parties to reach their own mutually acceptable settlement of the matter by structuring negotiations, facilitating communication and identifying the issues and interest of the parties. “Mediator” refers to the person or persons appointed to facilitate by mediation the resolution of a dispute between the parties. “Municipal Service Provision” refers to municipal services provided directly by a municipality to residents and ratepayers. This includes services where the municipality has direct control over the service contract along with the authority to directly hire contractors to perform services or address a civic function on behalf of the municipality. “Mutual Benefit” means equality and respect within the relationship between the partners and agreements in which both parties gain value. “Notice of Dispute” means a formal motion approved by Council providing notification from the initiating municipality to the other municipality that a dispute is substantial and requires collaborative action to resolve. “Rights-based Process” focuses on respect for human dignity. This approach holds that our Intermunicipal Collaboration Framework Between Kneehill County and Village of Carbon 4 dignity is based on our ability to choose freely how we live our lives, and that we have a moral right to respect for our choices as free, equal, and rational people, and a moral duty to respect others in the same way. This approach asks us to identify the legitimate rights of ourselves and others, in a given situation, as well as our duties and obligations. When confronted with conflicting or competing interests or rights, the parties need to decide which interest has greater merit and give priority to the right that best protects or ensures that interest. "Service delivery agreement" means a legally binding agreement such as a Contract, Agreement, or Memorandum of Understanding that outlines cost-sharing and management of new arrangements, and is signed by both parties. “Services” or “In Scope Services" means services that both parties may consider for joint cost sharing or management and are identified in this Agreement. "Signatory”, “Party", “Partner”, or “Municipalities” means the Reeve, Mayor and Chief Administrative Officers for each municipality. “Third-Party Service Provision” refers to municipal services provided through an agreement with a non-municipal independent entity. This refers to those services that are offered through agencies, boards, commissions, and current or former publicly-owned corporations (also known as crown or government-owned corporations that manage major infrastructure and associated services) in a region. "Year" means the calendar year beginning on January 1st and ending on December 31st. 4. TERM AND REVIEW Effective Date and Duration a) In accordance with the Municipal Government Act, this is a permanent Agreement and shall come into force on the passing of resolutions adopting the ICF by the Municipalities. Review b) It is agreed to by the parties that the Intermunicipal Committee shall meet at least once every four years commencing no later than 2023 to review the terms and conditions of the agreement, or upon request by either party. Amendments c) This Agreement may be amended by mutual consent of both parties unless specified otherwise in this Agreement. d) Amended copies of this Agreement shall come into force on the passing of Intermunicipal Collaboration Framework Between Kneehill County and Village of Carbon 5 resolutions by both municipalities. 5. INTERMUNICIPAL COMMITTEE a) The County and the Village agree to create a recommending body known as the Kneehill – Carbon Intermunicipal Committee (hereinafter referred to as the Committee). b) The Committee will meet on an as required basis and will develop recommendations to the Councils on the strategic direction of matters related to collaboration and cooperation affecting residents of the Municipalities, except matters where other current operating structures and mechanisms are operating successfully. c) The Committee shall be comprised of two (2) members from each municipal Council. d) The CAOs will be advisory staff to the Committee and responsible to develop agendas and recommendations on all matters. CAOs will be responsible for forwarding all recommendations from the Committee to their respective Councils. e) The Committee will promote a consistent and shared flow of information from intermunicipal meetings from a set of common notes that will be established. The common notes will be confidential and regarded as privileged until released by mutual consent of the Chief Elected Officials. f) Parties will give 30 calendar days of a notice for a meeting. Meeting requests will be directed to the CAO for the respective municipality. g) "Services” or “In scope services" to be considered in this agreement for potential future joint cost sharing or management include: i. Transportation; ii. Water and Wastewater; iii. Solid Waste; iv. Emergency Services; v. Recreation; and vi. Other services that benefit residents. 6. FUTURE SHARED SERVICES, INITIATIVES AND AGREEMENTS a) When either municipality seeks to pursue a new shared service or initiative with the other party, the initiating CAO or designate will notify the other CAO. Intermunicipal Collaboration Framework Between Kneehill County and Village of Carbon 6 b) The initial notification will include a general description of the service, scope of the service, estimated costs, and timing. The receiving municipality will advise the initiating municipality if they support or object in principle and provide reasons. c) The Committee will meet to discuss the service within 30 days, if requested by either partner, and may schedule subsequent meetings as needed. d) The following criteria may be used when assessing the desirability of new shared services: i. The nature of the service; ii. Proposed efficiencies the shared service will realize and why the service would be better positioned as a shared model; iii. The level of community support including the demonstrated effort by volunteers, if applicable; iv. Relationship to a proposed capital project, and the associated proposed operating costs; v. Projected benefit by residents of both municipalities. e) The Committee will review and negotiate the terms related to the new shared service including the cost sharing arrangement of the service. The Committee will provide a recommendation for approval to the Councils of the partners. f) In the event that the Committee or municipal Councils are unable to reach an agreement within 90 days, and do not jointly agree to extend the time period, then any unresolved issues shall be dealt with through the dispute resolution process as referenced in this agreement. If urgency is needed, the initiating municipality must note this in the initial notice, and the receiving municipality will make best efforts to accommodate a compressed timeframe. g) A proposed list of future shared services or initiatives to be explored by the Committee are included in Appendix A of this Agreement. This list may be updated from time to time as agreed to by the Committee. h) The Municipalities recognize that the decision to participate in or not participate in a shared service ultimately lies with the respective municipal Councils, who in turn must rely on the support of the electorate to support the shared service. i) Should a municipality proceed on their own without consultation of the other municipality, with the enhancement or expansion in some capacity of an existing shared service, the other municipality will have no obligation of participation or financial support for the new or enhanced portion related to the shared service. Intermunicipal Collaboration Framework Between Kneehill County and Village of Carbon 7 7. SERVICE AGREEMENTS a) Any change to the shared services provided by the municipalities will include a schedule for implementation of the change. This will include the following: i. The start date that the change will take effect. ii. A plan to phase out the existing service delivery and to initiate the new service delivery methods. iii. A plan for the phasing in or out of cost sharing, or other arrangements. iv. A review date to evaluate the efficiency of the shared service delivery and funding strategy. b) Where the Committee desires a joint cost sharing or management agreement, a service agreement shall be developed on that specific item. c) When developing service agreements, the Committee shall: i. Clearly identify which municipality will lead service delivery for the service(s). ii. Determine the appropriate funding for the service(s) discussed. iii. Set out a time frame for the delivery of the service(s) discussed including the start and end date of the service delivery. iv. Set out a process for discontinuing the service provided if one or both municipalities wish to discontinue in the service delivery. 8. THE ROLE OF COUNCIL AND ADMINISTRATION a) Each Council retains the ability and responsibility to make decisions on behalf of their residents. By approving the Framework, each Council is affirming a commitment to increased collaboration, cooperation, and to provide direction to their administration and the public for the importance of increased communication at all levels of the organization. b) Together the Councils will seek opportunities to develop and sustain healthy relationships between the two municipalities and professionally communicate to the public the successes, opportunities and challenges being addressed together. c) Annually, each municipality will formally communicate through newspaper, social media, website and other methods to their respective residents the services that the two municipalities cooperate in the delivery of and the respective monetary value of these contributions to their municipality. d) Administration, through the direction of the CAO, will be the mechanism through which the Framework is formalized, maintained, delivered, and made durable. Intermunicipal Collaboration Framework Between Kneehill County and Village of Carbon 8 i. Administration will be responsible to ensure the requirements of the Framework are carried out operationally and can initiate communication on an as needed basis. Reports will be provided every six (6) months between the CAOs for distribution to Council on how services party to the agreement have proceeded, as well as any other municipal updates that may be valuable as information or supportive to future discussions. ii. Municipal counterparts will work together to address issues that arise within the scope of their authority and mandate and be accountable for informing the appropriate levels of authority about matters that require attention for the mutual benefit of the municipalities. iii. To assist in fostering and sustaining a healthy relationship and as a proactive measure to minimize disputes, regular scheduled joint meetings to keep each other updated on current and upcoming issues and events should take place. The Meetings may take different forms (administration to administration, joint councils, ICF Committee, etc.). At minimum, the Councils and the established ICF Committee will each meet once per year. e) Regarding the handling and communication of day to day decisions, each of the parties should assume the best of each other and follow up to clarify any concerns and issues. Additionally, each party commits to the following Social Media Guidelines: Social media refers to freely accessible, interactive web-based technologies used to produce, post and interact through text, images, video and audio to inform, promote, and collaborate. Social media can complement traditional communications and marketing mediums. It is recognized that the use of social media as a communication tool to achieve strategic communication goals will be undertaken by the parties and their representatives from time to time. It is acknowledged that the use of social media can create instances or environments that may negatively impact the relationship of the parties. As both parties are seeking a positive and respectful relationship, the following guidelines should be adhered to when utilizing social media platforms: i. Use should adhere to organizational standards that the respective parties may have in place. ii. Should not do anything to harm the reputation of the County or the Village whether or not they are authorized users of social media sites. iii. Attacks, badmouthing, or negative statements directed to any of the parties, their representatives, or their employees should not be made. iv. Unauthorized posting of personal information (names, address, phone number, email etc.) of other users should not occur. v. Material which defames, abuses, or threatens others should not be posted. Intermunicipal Collaboration Framework Between Kneehill County and Village of Carbon 9 vi. Use should refrain from personal opinion and deal only with facts and official positions of the parties. vii. Information that is private and confidential shall not be shared. viii. Comments and conversations on social media sites will not be deemed as official correspondence. ix. The parties will not speak on behalf of the other party. x. Communication should be respectful. xi. Material that contains vulgar, obscene or indecent language or images should not be posted. It is acknowledged by the parties that the use of social media platforms to address disagreements or issues is neither appropriate nor effective. Concerns about the use of social media will be officially addressed to the Council of the other party. 9. OVERVIEW OF MUNICIPAL SERVICES a) The County and the Village have both reviewed the services offered to residents. b) Based on the review, it has been determined that each party desires to continue to provide services through the various arrangements that are in place independently with their respective municipal partners and third-party bodies. c) The following listings indicate which services are provided independently by each municipality, intermunicipally, or via a third-party provider, to residents and ratepayers in each municipal jurisdiction, (as of the date of the signing of this agreement). Service Provision in the County The County delivers the following services to its’ residents: • Agricultural Services; • Bylaw Enforcement (municipal Peace Officers); • Cemetery Services; • Family and Community Support Services (through Kneehill Regional FCSS); • Fire and Emergency Management Services; • Library Services (through the Marigold Regional Library System); • Planning and Development Services; • Safety Codes; • Recreation and Parks services; • Seniors’ housing (through the Kneehill Housing Corporation); • Solid W aste and Recycling: (through the Drumheller and District Solid Waste Commission); • Transportation Services; • Water Services (through AQUA 7, the Village of Three Hills, the Village of Drumheller); • Wastewater Services. Intermunicipal Collaboration Framework Between Kneehill County and Village of Carbon 10 Service Provision in the Village The Village delivers the following services to its’ residents: • Cemetery Services; • Bylaw Enforcement (in association with Carbon, Linden, Trochu, and Three Hills); • Family and Community Support Services (through Kneehill Regional FCSS); • Fire and Emergency Management Services; • Library Services (through the Marigold Regional Library System); • Planning, Development and Safety Code Services (through Palliser Regional Municipal Services); • Recreation and Parks services; • Seniors’ housing (through the Kneehill Housing Corporation and Carbon Housing Corporation); • Solid Waste and Recycling: (through the Drumheller and District Solid Waste Commission); • Transportation Services; • Water Services (through Aqua 7); • Wastewater Services. 10. EXISTING COOPERATION a) The County and the Village have a history of working together to jointly provide the following municipal services to their residents, either directly, or indirectly to their residents: Service Area Delivery Method Service Shared Arrangement Transportation Intermunicipal Collaboration Certain streets maintained by County as per agreement. Other services provided on cost recovery As per Transportation Memorandum of Understanding As per any Hold Harmless Agreement Water and Wastewater Via 3rd Party Both municipalities are members of the Aqua 7 Water Commission Through the Aqua 7 Water Commission Solid Waste and Recycling Intermunicipal Collaboration The Village has access to the Transfer Station operated by the County Both municipalities are members of the Drumheller and District Solid Waste Association As per the Carbon Transfer Station Agreement Intermunicipal Collaboration Framework Between Kneehill County and Village of Carbon 11 Emergency Services Intermunicipal Collaboration Fire Services, Emergency Management (KREMA), Mutual Aid and Regional Live Burn Training Facility As per agreements Recreation Intermunicipal Collaboration Funding for recreation within the Village is provided by the County As per the Recreation Agreement Planning & Development Intermunicipal Collaboration Consultative discussion on certain planning and development activities around shared boundary As per Intermunicipal Development Plan Weed and Pest Inspection Intermunicipal Collaboration Village appoints the County as weed inspector As per the Urban Weed and Pest Inspection Agreement Enforcement Services Intermunicipal Collaboration The Village contracts enforcement services from the County As per the Enforcement Agreement Family and Community Support Services Via 3rd Party The County and Village are both members of a Regional FCSS program As per the Regional FCSS Agreement Kneehill Regional Partnership Intermunicipal Collaboration The County and Village are both members of the Kneehill Regional Partnership As per the Partnership Agreement Kneehill Seniors Housing Via 3rd Party The County and Village are both members of Kneehill Seniors Housing As per Agreement Library Services Via 3rd Party The Village and the County are both members of the Marigold Library System As per Agreement b) Where any of the above agreements have lapsed, the Committee may desire to review and renew agreements. 11. INDEMNITY a) The County shall indemnify and hold harmless the Village, its employees and agents from any and all claims, actions and costs whatsoever that may arise directly or indirectly out of any act or omission of the Village, its employees or agents in the performance of this Agreement. b) The Village shall indemnify and hold harmless the County, its employees and agents from Intermunicipal Collaboration Framework Between Kneehill County and Village of Carbon 12 any and all claims, actions and costs whatsoever that may arise directly or indirectly out of any act or omission of the County, its employees or agents in the performance of this Agreement. 12. DISPUTE RESOLUTION a) It is the desire of the Village and the County to promote public confidence in the leadership of both municipalities by encouraging intermunicipal cooperation and self-directed dispute resolution processes; and b) The Village and the County have a mutual commitment to resolve any disputes brought forward and shall make a good faith attempt at resolving perceived disputes prior to mediation; and c) Any matter of Intermunicipal concern between the municipalities shall first be informally discussed by relevant administrative officials employed by the Village and County, culminating with discussions between the Chief Administrative officers with the goal of resolving the concern. d) Should the Chief Administrative Officers fail to resolve the dispute, the Chief Administrative Officials and Chief Elected Officers will meet to attempt resolution. e) If the matter of Intermunicipal concern is not resolved at the administrative and Chief Elected Official level, the initiating municipality shall provide a Notice of Dispute to the other municipality, and request that a confidential review by the Intermunicipal Committee be scheduled. All requests to the Committee shall include supporting resolution from the Council of the initiating municipality authorizing the request. Neither Council will impede progress towards meeting, and will initiate consultation with each other within 14 days. i. The Committee shall review the matter in closed session and may recommend action to both Council’s to resolve the matter, or refer the matter to Administration with recommendations to resolve. ii. Every effort will be made to attempt resolution at this stage prior to engaging third party mediation. f) If the matter of Intermunicipal concern is not resolved, the Committee shall recommend to the Councils of the Village and the County that a third party mediation, focused on interest based negotiation and mutual success, be commenced within sixty (60) days. i. The Committee shall appoint a mutually agreeable mediator. ii. The Committee will provide the mediator with an outline of the dispute and any agreed statement of facts. iii. The Village and the County will provide the mediator access to all records, documents and information that the mediator may reasonably request. iv. All proceedings involving a mediator are confidential and without prejudice. v. The costs of such third party mediation will be shared equally between the Village and the County. Intermunicipal Collaboration Framework Between Kneehill County and Village of Carbon 13 vi. The municipalities support that mediation creates a cooperative framework for the resolution of future conflict that can be resolved in a positive way that is mutually acceptable to both municipalities, and within the scope of their joint authority. g) If the matter of Intermunicipal concern is not resolved through third party mediation, the Committee shall recommend to the Councils of the Village and the County that a rights- based process be pursued, including but not limited to binding arbitration. h) When all other opportunities for successful resolution have been exhausted, either municipal Committee may recommend to their respective Council to pursue arbitration. i. The Committee shall appoint a mutually agreeable arbitrator, or have one appointed through Municipal Affairs. ii. The Committee will provide the arbitrator with a report containing a list of the matters agreed upon and those on which there is no agreement between the municipalities. iii. The municipalities may consider final offer arbitration to resolve the dispute. iv. Direct costs incurred by both municipalities pertaining to the arbitration process shall be determined by the arbitrator. 13. CORRESPONDENCE a) Written notice under this Agreement shall be addressed as follows: i. In the case of the County to: Kneehill County Box 400 1600 – 2nd Street NE Three Hills, AB T0M 2A0 Attention: Chief Administrative Officer ii. In the case of the Village to: Village of Carbon Box 249 Carbon, AB T0M 0L0 Attention: Chief Administrative Officer Intermunicipal Collaboration Framework Between Kneehill County and Village of Carbon 14 14. AUTHORIZATIONS In Witness whereof Kneehill County has hereunto affixed its corporate name and seal this ____ day of __________ 2020 and the Village of Carbon has hereunto affixed its corporate name and seal this ____ day of ___________ 2020. Kneehill County Village of Carbon _________________________ _________________________ Reeve, Jerry Wittstock Mayor, Bryan Peever ________________________ _________________________ CAO, Mike Haugen CAO, Vanesa Van der Meer Intermunicipal Collaboration Framework Between S.1 Appendix A POTENTIAL SHARED SERVICES, OR AGREEMENTS 1. The Municipalities have identified that the following items will be explored in further detail after the adoption of the Intermunicipal Collaboration Framework: • Both the Village and County have agreed to collaborate on the provision of water services along the municipal boundary of the Village of Carbon. The Parties have agreed to develop a suitable framework for the provision of water services along the Village boundary. The parties commit to commencing this process in May of 2020. • As there is a Memorandum of Agreement in place between the Village and the County for the provision of fire services in 2020 and given that the specific costs and directions of Fire related communications are not yet known, the Village and the County agree to hold further discussions regarding Fire Services Collaboration with the intent of formalizing a new agreement within 12 months. REQUEST FOR DECISION AGENDA ITEM # 8.5 Page 1 of 2 Version: 2020-01 Subject: Intermunicipal Collaboration Framework Agreement – Village of Linden Meeting Date: Tuesday, March 10, 2020 Presented By: Mike Haugen, CAO Link to Strat Plan: Providing Good Governance Recommended Motion: 1. That Council authorize the Reeve and CAO to execute the Linden Transportation Agreement as presented. 2. That Council authorize the Reeve and CAO to execute the Linden Recreation Agreement as presented. 3. That Council authorize the Reeve and CAO to execute the Linden Transfer Station Agreement as presented. 4. That Council authorize the Reeve and CAO to execute the Enforcement Services Agreement as presented. 5. That Council authorize the Reeve and CAO to execute the Linden Urban Weed and Pest Agreement as presented. 6. That Council authorize the Reeve and CAO to execute the Kneehill County – Village of Linden Intermunicipal Collaboration Agreement as presented. Background/ Proposal As a result of recent updates to the Municipal Government Act (MGA), the Province now requires all municipalities that share a common boundary to adopt an Intermunicipal Collaboration Framework (ICF) by April 1, 2020. Further amendments through Bill 25 has provided clarification on the ICF process as follows: • The framework must describe the services to be provided under it that benefit residents in more than one of the municipalities. • The municipalities must identify which municipality is responsible for providing which services and outline how these services will be delivered and funded • Every framework must contain provisions establishing a process for resolving disputes that occurs while the framework is in effect Discussion/ Options/ Benefits/ Disadvantages: As part of this process, the negotiation of several agreements has also taken place. The proposed negotiated agreements are attached and recommended for approval. Financial Implications: All costs associated with the proposed agreements will be built in to the County’s 2020 budget. Council Options: 1. Approve the agreement(s) as presented 2. Approve the agreement(s) as amended REQUEST FOR DECISION AGENDA ITEM # 8.5 Page 2 of 2 Version: 2019-01 3. Committee members to meet with Village of Linden Committee members to discuss amendments to the proposed agreement. Recommended Engagement: ☒ Directive Decision (Information Sharing-One way communication) Goal: To educate and inform citizens Tools: ☒ Individual Notification or ☐ Public Notification ☐ Consultative Decision (Consulting the Public – Two way communication) Goal: To seek feedback, test ideas, develop concepts and collaborative solutions Tools: ☐ Public Hearing ☐ Open House ☐ Focus Group ☐ Other- ☐ Collaborative Decision (Active Participation- Share or delegate decision making) Goal: To share or delegate decision making Tools: ☐ Participatory Decision Making ☐ Inter-Municipal Agreement ☐ Other- Attachments: Proposed ICF and Agreements Follow-up Actions: Notification to Village of Linden Notification to the Minister that the ICF process is complete CAO Approval: Mike Haugen, Chief Administrative Officer MEMORANDUM OF UNDERSTANDING to Assist Municipal Transportation Operations THIS AGREEMENT made effective this ___ day of _____________, 2020 between: KNEEHILL COUNTY, hereafter known as the County and the VILLAGE of LINDEN, hereafter known as the Village WHEREAS, all municipalities in Alberta that share a boundary are required to provide for the integrated and strategic planning, delivery and funding of intermunicipal services; and WHEREAS, Intermunicipal Collaboration Framework (ICF) agreements for adjacent municipalities must be completed by April 1, 2020; and WHEREAS, the Municipal Government Act stipulates that ICF’s must identify the services provided by each Municipality, which services are best provided on an intermunicipal basis, and how services to be provided on an intermunicipal basis will be delivered and funded. WHEREAS the Village desires the County to assist with operations on the streets and avenues located within the boundaries of the Village. NOW THEREFORE the parties agree as follows: 1. The County agrees to assist with operations on the streets and avenues of the Village. 2. Grading and snowplowing services provided by the County to the Village will be at the request of the Village, and at the costs outlined in the current Master Rates Bylaw of the County. 3. Notwithstanding item 2, the County agrees to provide snow blading services on township road 30-4 throughout the Village boundaries as required and in accordance with the County snow removal policy. a. The flat rate for this seasonal service will be $450.00 per month for the period of October 16 to March 15th (each winter season), and the amount due for the five- month period will be billed to the Village at the start of the seasonal period (October 16th of each year). b. This rate will be effective October 2020, and will include a 2% increment each following year for the duration of this agreement. c. This service includes only pushing snow to the edge of the road way. It does not include stockpiling or removal of said stockpiles should the conditions require. Any requirement for this will be considered an additional request and be subject to guidelines established in Item 2 and other parts of this agreement. 4. The Village may apply to have dust control applied to a Village road or any County controlled road that is considered a border road to the Village. The Village will be responsible for all costs associated with the application as outlined in the County’s current Master Rates Bylaw. 5. The Village acknowledges that subsequent service or hold harmless agreements may need to be signed for dependent on the specific services requested. 6. The County will invoice the Village following the completion of services and the Village agrees to pay all charges for such work not later than thirty (30) days following the date on which the County issues a statement for such charges. 7. The timing of the delivery of services is at the discretion of the Chief Administrative Officer of the County or designate. Such operations undertaken shall not unduly interfere with the regular supply of services and maintenance to the County at large, while respecting the priorities established by County Council through policy. 8. The Village covenants and agrees that any damage to the Village resulting from the services provided shall be at the Village’s sole risk and expense, excepting in the case of operator negligence. The County will not be responsible for any damage or failure to road structures or substructure they provide services on. 9. The County shall have the right to refuse to perform operations on any street or avenue when in the opinion of the Chief Administrative Officer or designate, it would be hazardous or unsafe to do so. Entrance and workspace to the said streets and avenues must have clearance as requested by the County for equipment to safely enter into and safely operate within the streets and avenues. In Witness whereof Kneehill County has hereunto affixed its corporate name and seal this ____ day of __________ 20_____ and the Village of Linden has hereunto affixed its corporate name and seal this ____ day of ___________ 20____. Kneehill County Village of Linden _________________________ _________________________ Jerry Wittstock, Reeve Kelly Klassen, Mayor ________________________ _________________________ Mike Haugen, CAO Lynda VanderWoerd, CAO MEMORANDUM OF AGREEMENT to Assist Recreational Operations THIS AGREEMENT made effective this ____ day of ___________, 2020 between: KNEEHILL COUNTY, hereafter known as the County, and the VILLAGE OF LINDEN, hereafter known as the Village. WHEREAS, all municipalities in Alberta that share a boundary are required to provide for the integrated and strategic planning, delivery and funding of intermunicipal services, and WHEREAS, Intermunicipal Collaboration Framework (ICF) agreements for adjacent municipalities must be completed by April 1, 2020, and WHEREAS, the requirements of ICF’s are broadly described in Sec. 708.28 - 708.43 of the Municipal Government Act (MGA) and in ICF Regulation 191/2017, and WHEREAS, recreation is one of six (6) named elements that must be addressed in ICF discussion, and WHEREAS, both the County and the Village contribute toward facilities for recreation for the residents of the Village and the County, and WHEREAS, the County has historically provided funding for the operation of Recreation Facilities within the Village; NOW THEREFORE The County and Village mutually agree as follows: 1. The County will provide to the Village $40,000 annually in support of Recreation Facilities located within the Village. 2. The term of the agreement will be from January 1, 2020 to December 31, 2024. 3. The Village will ensure that the County’s contribution will go toward funding recreation programs and facilities, not simply Administration overheads. The specific recreation priorities/facilities for which the funding is applied to shall be determined by the Village. 4. The Village acknowledges that the County owns and operates recreation facilities that are of benefit to the Village. The County agrees that there will be no request for reciprocal recreation funding from the Village towards County recreational facilities owned and operated by the County for use by Village residents. 5. The Village will provide the County with a high level accounting of how the funds provided by the County were utilized. This accounting will be provided to the County prior to the current year’s funds being provided. In Witness whereof Kneehill County has hereunto affixed its corporate name and seal this ____ day of __________ 20___ and the Village of Linden has hereunto affixed its corporate name and seal this ____ day of ___________ 20___. Kneehill County Village of Linden _________________________ _________________________ Reeve Mayor ________________________ _________________________ CAO CAO LINDEN TRANSFER STATION Effective January 1, 2020 MEMORANDUM OF AGREEMENT MADE EFFECTIVE THIS ____ DAY OF ______________, 2020. BETWEEN: KNEEHILL COUNTY BOX 400, THREE HILLS, ALBERTA T0M 2A0 (hereinafter called the “County”) AND THE VILLAGE OF LINDEN BOX 213, LINDEN, ALBERTA T0M 1J0 Whereas the County operates a waste disposal/recycling site on land which it owns, namely – Part of the North West of Section 19, Township 30, Range 25, West 4th Meridian in the Province of Alberta, commonly known as the Linden Transfer Station. And Whereas the layout of the waste disposal site is shown on the site plan “A” attached to and forming part of this agreement and same includes: a) Two metal transtor bins used for temporary storage for household garbage or a number of bins as determined by the Drumheller and District Solid Waste Management Association. b) A site for recycling paint, electronics and car batteries c) A site for recycling of scrap metal, white metal and wire d) A site for recycling of tires e) A site for recycling cardboard and newsprint f) A site for burning clean burnable materials such as trees, branches and clean lumber It is hereby agreed that hazardous materials such as treated grain, agriculture plastic containers/packaging of pesticide or herbicide chemicals, antifreeze, oil or oil products, or other materials deemed unacceptable by Kneehill County Bylaw 1684, and amendments thereto, shall not be disposed of at the transfer site. NOW THEREFORE THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS: THE TERM: 1. The term of this agreement will be from January 1, 2020 to December 31, 2024. THE COUNTY: 1. Will allow its said land to be used by any County resident and Village of Linden resident for disposal of household garbage and other refuse, in accordance with the terms of this agreement. 2. Will accept responsibility for the operation and maintenance of the garbage transfer site including but not limited to, recycling containers for cardboard and newsprint, car battery recycling, scrap metal recycling, e-waste recycling, tire recycling, snow removal and grass cutting. 3. Will accept responsibility for the operation and maintenance of all buildings on site including but not limited to, site office, site restroom facilities. 4. Will hire, compensate, supervise, train and be responsible for the site attendant and will also carry the appropriate liability, property damage, fire and theft insurance as may be required in connection with the operation of the said site. 5. Will continue its membership and participation in the Drumheller and District Solid Waste Association. 6. Will ensure that the site is operated and maintained in a manner satisfactory to the Province of Alberta as required under the Environmental Protection Act. Will accept all liability for the reclamation and/or clean-up due to non-compliance issues which may be required by the Province of Alberta under the Environmental Protection Act or other subsequent acts and regulations. THE VILLAGE OF LINDEN: 1. Will assume and accept to pay to the County a one-time flat fee per calendar year to offset costs for operation and maintenance of the transfer station site. This flat fee payable annually to the County will be $10,800.00 beginning January 1, 2020 for the duration of the agreement. A 2% increment will be added to the flat fee each year for the duration of this agreement. 2. Will continue its membership and participation in the Drumheller and District Solid Waste Association. GENERAL TERMS: 1. The site is to be adequately and properly supervised during business hours for public use. 2. The site is to be open to the public a minimum of three days a week. 3. The Village of Linden, its agents or employees, will retain unlimited access to the site in order to dispose of any waste generated by and or collected by the Village of Linden; however, the site shall not be open to the public during that time. 4. The terms of this agreement may be changed if mutually agreed upon by the parties hereto, and will continue on a year to year basis. 5. The agreement may be terminated by provisions of six (6) months written notice by either party. In Witness whereof Kneehill County has hereunto affixed its corporate name and seal this ____ day of __________ 20___ and the Village of Linden has hereunto affixed its corporate name and seal this ____ day of ___________ 20___. Kneehill County Village of Linden _______________________ ___________________ Reeve Mayor ______________________ ____________________ CAO CAO Site Plan “A” ENFORCEMENT SERVICES AGREEMENT ENTERED INTO THIS DAY OF BETWEEN: KNEEHILL COUNTY A Municipal Corporation in the Province of Alberta (the "County") OF THE FIRST PART -and THE VILLAGE OF LINDEN A Municipal Corporation in the Province of Alberta (the "Village") OF THE SECOND PART WHEREAS the County has employed a Peace Officer/Bylaw Officer to supply Peace Officer/Bylaw Officer Services to the County; AND WHEREAS the Village desires to enter into an agreement with the County to obtain Peace Officer/Bylaw Officer Services within the boundaries of the Village; AND WHEREAS the Peace Officer(s) employed by the County has been appointed by the Alberta Solicitor General as having jurisdiction to enforce specified statutes within the Province of Alberta; AND WHEREAS the Peace Officer Act, Statutes of Alberta, 2006, c.P-3.5 and amendments thereto, requires that an agreement be entered into between the County and the Village respecting the provision of Peace Officer/Bylaw Officer Services through the employment of a common Peace Officer/Bylaw Officer; NOW THEREFORE this Agreement witnesses that in consideration of the terms and conditions contained in this Agreement, the County and the Village agree as follows: 1. The term of this Agreement shall commence on January 1, 2020. This Agreement shall terminate at 11:59 p.m. on December 31, 2020. 2. The County agrees to supply to the Village Peace Officer/Bylaw Officer Services through the Peace Officer/Bylaw Officer employed by the County. The Peace Officer/Bylaw Officer Services provided to the Village shall mean: • Enforcement of the Village Bylaws (Officers will not capture/collect/house animals) within the boundaries of the Village. • Enforcement of legislation as appointed within Village boundaries. • Enforcement related educational programs when/where possible: based on Peace Officer/Bylaw Officer knowledge, skill set and available resources. Fulfillment of the preceding: i) In accordance with Kneehill County Peace Officer/Bylaw Officer Policies and Procedures as amended from time to time. ii) Response to Bylaw issues shall be through the direction of Village CAO or their designate. iii) To an average service level of three (3) hours per week at a minimum. Additional hours may be requested by the Village CAO or their designate at the hourly rate set out in this agreement. iv) The hourly rate of service will be at $82.00. 3. With respect to Bylaw enforcement only, the County agrees to supply Peace Officer/Bylaw Services as required for court preparation and attendance at the hourly cost identified above in 2 (iii). Any other court and/or legal costs incurred as a result of prosecution for Bylaw will be the responsibility of the Village. All costs associated with the enforcement of Provincial statutes will be the responsibility of the County. 4. The County agrees to absorb certain expenses associated with providing the Peace Officer/Bylaw Services in the Village, including office supplies, equipment, training and education, uniforms, travel, employee salary and benefits; 5. The County shall maintain general liability insurance coverage covering the Peace Officer/Bylaw Officer Services provided under this Agreement with the Village being added as named insured under the said coverage. 6. The County agrees to indemnify and save harmless the Village agents, servants, officers, elected officials, or employees) with respect to any claim, action, suit, proceeding or demand, made or brought against the Village (or any of them, their agents, servants, officers, elected officials, or employees) by any third party with respect to any occurrence, incident, accident, or happening relating to the provision of Peace Officer/Bylaw Services pursuant to this Agreement, excepting any occurrence, incident, accident involving gross negligence or intentional torts by the Village or any of them, their agents, servants, officers, elected officials, or employees). 7. The Village agrees to indemnify and save harmless the County agents, servants, officers, elected officials, or employees) with respect to any claim, action, suit, proceeding or demand, made or brought against the County ( or any of them, their agents, servants, officers, elected officials, or employees) by any third party with respect to any occurrence, incident, accident, or happening relating to the provision of Peace Officer/Bylaw Services pursuant to this Agreement, excepting any occurrence, incident, accident involving gross negligence or intentional torts by the County or any of them, their agents, servants, officers, elected officials, or employees). 8. The Village’s Chief Administrative Officer will receive from the Peace Officer/Bylaw Officer a statistical report on Peace Officer/Bylaw Officer Services supplied by Kneehill County to the Village when requested, but not to exceed six (6) times within a one (1) year period. 9. The Village acknowledges that any complaint received by it in writing, with respect to the provision of Peace Officer/Bylaw Officer Services regarding officer misconduct pursuant to this Agreement shall be immediately forwarded to the County Chief Administrative Officer. Any disciplinary action taken against the Peace Officer/Bylaw Officer as a result of these complaints shall be administered by the County as outlined in the Discipline Policy. Time required for the County Chief Administrative Officer or designate to investigate bylaw complaints brought forward will be invoiced to the Village on a cost recovery basis. 10. If the authorization of the Peace Officer Program through the Alberta Solicitor General is terminated, then this Agreement may be terminated immediately. 11. Notwithstanding Clause 10 above, the County may terminate this Agreement without cause by providing 90 (ninety) days written notice to the Village. 12. Fine revenues shall be directed to the Village with respect to enforcement of Village Bylaws. Provincial Statute fine revenues shall be directed to the County as a partial cost recovery for Provincial Statute enforcement services. 13. This agreement rescinds all previous agreements with respect to Peace Officer/Bylaw enforcement services provided by Kneehill County effective on date noted in line 1. IN WITNESS OF THE FOREGOING, the parties have executed this Agreement, as of the aforementioned day and year. KNEEHILL COUNTY VILLAGE OF LINDEN Jerry Wittstock, Reeve Mike Haugen, CAO Kelly Klassen , Mayor Lynda L. VanderWoerd, CAO Municipal Agreement for Weed & Pest Inspection Between Kneehill County and Village of Linden PURPOSE All local authorities in Alberta are delegated responsibility for controlling regulated weeds and pests within their boundaries by the Province of Alberta through the Weed Control Act. Kneehill County has reached an agreement with the below signed municipality to approach weed and pest control through public awareness, education, integrated pest management and leadership. OBJECTIVES • To work as partners and share resources to save ratepayers money • To address weed & pest control issues in each partner’s jurisdiction efficiently and equitably • To share knowledge and understanding of weed & pest control methods, issues and opportunities • To provide expertise in administration of the Weed Control Act & Pest Control Act • To acquire and share knowledge of urban and rural weed & pest control priorities • To manage vegetation and pests in a consistent manner that is mutually beneficial to the community as a whole RESPONSIBILITIES • Kneehill County o Provides an appointed Weed & Pest Inspector to enforce the Alberta Weed Control Act & Agricultural Pest Act o Provides truck, communication channels and other resources as required o Provides knowledgeable, trained and educated staff o Expenditures are recorded for actual inspection time and resources consumed. o Municipality will be invoiced for actual expenditures for herbicide applications if and when required. • The Village of Linden o Administration forwards vegetation & pest complaints or concerns to the Inspector o Review and approve the budget allotment for Weed & Pest Inspection annually o Participates in an annual evaluation with Agricultural Fieldman • Appointed Inspector o Provides recommendations to partners in carrying out provisions of the Weed & Pest Acts o Provides weed & pest identification, control and management expertise o Reports issues, opportunities and outcomes to partner administration o Works proactively identifying problem areas through visual survey Page 2 of 2 o Recognizes the culture and political climate of each municipality o Consults with and works cooperatively with partner staff in weed & pest control programs o Communicates regularly with partners by written and verbal means o Issuing a formal notice to take remedial action as required, only where all other informal measures do not work o Monitor properties for compliance up to the point where a formal notice has not been complied with • Primary Contacts • Kneehill County Fallon Sherlock, Land Care Coordinator (Primary Contact) weed.inspector@kneehillcounty.com Tel: 403-443-5541 Bowen Claūsen, Manager of Parks & Agricultural Services Bowen.Clausen@kneehillcounty.com Tel: 403-443-5541 • Fee Schedule o Hourly rate: 2020 and 2021 - $30/hour 2022 and 2023 - $32/hour o Vehicle mileage rate as per Canada Revenue Guidelines (may change annually) o Herbicide application as required at cost • Term of agreement o This agreement shall be for a four (4) year term commencing January 1, 2020 expiring December 31, 2023. Kneehill County Village of Linden _________________________ _________________________ Jerry Wittstock, Reeve Kelly Klassen, Mayor ________________________ _________________________ Mike Haugen, CAO Lynda VanderWoerd, CAO Intermunicipal Collaboration Framework Between Kneehill County and Village of Linden 1 KNEEHILL - LINDEN INTERMUNICIPAL COLLABORATION FRAMEWORK THIS AGREEMENT made effective ________________, 2020, between: KNEEHILL COUNTY BOX 400, THREE HILLS, ALBERTA T0M 2A0 (the “County”) and the VILLAGE OF LINDEN BOX 213, LINDEN, ALBERTA T0M 1J0 (the “Village”) (hereinafter called the “Parties”) Intermunicipal Collaboration Framework Between Kneehill County and Village of Linden 2 PREAMBLE WHEREAS, the County and the Village recognize the importance and the responsibility of each respective municipality to make decisions on behalf of their residents; and WHEREAS, the parties share common interests and are desirous of working together to provide services to their residents and ratepayers; and WHEREAS, the parties are committed to the principle of mutual benefit to deliver some services within the region effectively, efficiently, and economically; and WHEREAS, the parties share a common border; and WHEREAS, the Municipal Government Act stipulates that municipalities that have a common boundary must create a framework with each other that identifies the services provided by each municipality and the funding arrangements for these services. NOW THEREFORE, by mutual covenant of the parties hereto it is agreed as follows: 1. PURPOSE a) The purpose of this Framework is to establish an Intermunicipal Committee and a collaborative process to direct intermunicipal communication and cooperation to support services that have mutual benefit. 2. SIGNATORIES a) The signatories to this Framework are the Reeve, Mayor and the Chief Administrative Officers of each municipality. b) The terms “Signatory”, “Party”, “Partner”, and “Municipalities” may be used interchangeably in this agreement. 3. DEFINITIONS a) In this Agreement: “Arbitration” means a process to resolve disputes outside the courts. An arbitration decision is legally binding on both sides and enforceable in the courts. “Chief Administrative Officer” means the Chief Administrative Officer for each municipal jurisdiction party to this agreement or their designate(s) thereof. “Chief Administrative Officer” Intermunicipal Collaboration Framework Between Kneehill County and Village of Linden 3 or “CAO may be used interchangeably in this Agreement. "Committee" means Intermunicipal Collaboration Committee as defined in Section 5 of this Framework. “Dispute Resolution Process” includes a wide range of processes, including mediation and arbitration or various forms of, with each being an alternative to litigation, designed to meet the unique needs of the parties involved or the dispute at hand. “Final Offer Arbitration” refers to arbitration in which both parties submit their final offer to the arbitrator, and the arbitrator will choose one offer as the resolution to the dispute. The process gives each party an incentive to make a reasonable offer. The arbitrator’s decision is final and binding on the parties. "Framework” or “Agreement" may be used interchangeably in this document and means this agreement including all Appendices hereto. “Intermunicipal Service Provision” refers to municipal services provided through a shared or joint agreement with another municipality to residents and ratepayers. This includes services where a formal or an informal arrangement with another municipality is in place to access, administer, or deliver a civic service or function. “Lead” refers to the municipality or organization assigned to organize or administer the day-to-day operations of a specific intermunicipal initiative. “Mediation” means a process involving a neutral person as a mediator who assists the parties to a matter and any other person brought in with the agreement of the parties to reach their own mutually acceptable settlement of the matter by structuring negotiations, facilitating communication and identifying the issues and interest of the parties. “Mediator” refers to the person or persons appointed to facilitate by mediation the resolution of a dispute between the parties. “Municipal Service Provision” refers to municipal services provided directly by a municipality to residents and ratepayers. This includes services where the municipality has direct control over the service contract along with the authority to directly hire contractors to perform services or address a civic function on behalf of the municipality. “Mutual Benefit” means equality and respect within the relationship between the partners and agreements in which both parties gain value. “Notice of Dispute” means a formal motion approved by Council providing notification from the initiating municipality to the other municipality that a dispute is substantial and requires collaborative action to resolve. “Rights-based Process” focuses on respect for human dignity. This approach holds that our Intermunicipal Collaboration Framework Between Kneehill County and Village of Linden 4 dignity is based on our ability to choose freely how we live our lives, and that we have a moral right to respect for our choices as free, equal, and rational people, and a moral duty to respect others in the same way. This approach asks us to identify the legitimate rights of ourselves and others, in a given situation, as well as our duties and obligations. When confronted with conflicting or competing interests or rights, the parties need to decide which interest has greater merit and give priority to the right that best protects or ensures that interest. "Service delivery agreement" means a legally binding agreement such as a Contract, Agreement, or Memorandum of Understanding that outlines cost-sharing and management of new arrangements, and is signed by both parties. “Services” or “In Scope Services" means services that both parties may consider for joint cost sharing or management and are identified in this Agreement. "Signatory”, “Party", “Partner”, or “Municipalities” means the Reeve, Mayor and Chief Administrative Officers for each municipality. “Third-Party Service Provision” refers to municipal services provided through an agreement with a non-municipal independent entity. This refers to those services that are offered through agencies, boards, commissions, and current or former publicly-owned corporations (also known as crown or government-owned corporations that manage major infrastructure and associated services) in a region. "Year" means the calendar year beginning on January 1st and ending on December 31st. 4. TERM AND REVIEW Effective Date and Duration a) In accordance with the Municipal Government Act, this is a permanent Agreement and shall come into force on the passing of resolutions adopting the ICF by the Municipalities. Review b) It is agreed to by the parties that the Intermunicipal Committee shall meet at least once every four years commencing no later than 2023 to review the terms and conditions of the agreement, or upon request by either party. Amendments c) This Agreement may be amended by mutual consent of both parties unless specified otherwise in this Agreement. d) Amended copies of this Agreement shall come into force on the passing of Intermunicipal Collaboration Framework Between Kneehill County and Village of Linden 5 resolutions by both municipalities. 5. INTERMUNICIPAL COMMITTEE a) The County and the Village agree to create a recommending body known as the Kneehill – Linden Intermunicipal Committee (hereinafter referred to as the Committee). b) The Committee will meet on an as required basis and will develop recommendations to the councils on the strategic direction of matters related to collaboration and cooperation affecting residents of the Municipalities, except matters where other current operating structures and mechanisms are operating successfully. c) The Committee shall be comprised of two (2) members from each municipal council. d) The CAOs will be advisory staff to the Committee and responsible to develop agendas and recommendations on all matters. CAOs will be responsible for forwarding all recommendations from the Committee to their respective councils. e) The Committee will promote a consistent and shared flow of information from intermunicipal meetings from a set of common notes that will be established. The common notes will be confidential and regarded as privileged until released by mutual consent of the Chief Elected Officials. f) Parties will give 30 calendar days of a notice for a meeting. Meeting requests will be directed to the CAO for the respective municipality. g) "Services” or “In scope services" to be considered in this agreement for potential future joint cost sharing or management include: i. Transportation; ii. Water and Wastewater; iii. Solid Waste; iv. Emergency Services; v. Recreation; and vi. Other services that benefit residents. 6. FUTURE SHARED SERVICES, INITIATIVES AND AGREEMENTS a) When either municipality seeks to pursue a new shared service or initiative with the other party, the initiating CAO or designate will notify the other CAO. Intermunicipal Collaboration Framework Between Kneehill County and Village of Linden 6 b) The initial notification will include a general description of the service, scope of the service, estimated costs, and timing. The receiving municipality will advise the initiating municipality if they support or object in principle and provide reasons. c) The Committee will meet to discuss the service within 30 days, if requested by either partner, and may schedule subsequent meetings as needed. d) The following criteria may be used when assessing the desirability of new shared services: i. The nature of the service; ii. Proposed efficiencies the shared service will realize and why the service would be better positioned as a shared model; iii. The level of community support including the demonstrated effort by volunteers, if applicable; iv. Relationship to a proposed capital project, and the associated proposed operating costs; v. Projected benefit by residents of both municipalities. e) The Committee will review and negotiate the terms related to the new shared service including the cost sharing arrangement of the service. The Committee will provide a recommendation for approval to the councils of the partners. f) In the event that the Committee or municipal councils are unable to reach an agreement within 90 days, and do not jointly agree to extend the time period, then any unresolved issues shall be dealt with through the dispute resolution process as referenced in this agreement. If urgency is needed, the initiating municipality must note this in the initial notice, and the receiving municipality will make best efforts to accommodate a compressed timeframe. g) A proposed list of future shared services or initiatives to be explored by the Committee are included in Appendix A of this Agreement. This list may be updated from time to time as agreed to by the Committee. h) The Municipalities recognize that the decision to participate in or not participate in a shared service ultimately lies with the respective municipal councils, who in turn must rely on the support of the electorate to support the shared service. i) Should a municipality proceed on their own without consultation of the other municipality, with the enhancement or expansion in some capacity of an existing shared service, the other municipality will have no obligation of participation or financial support for the new or enhanced portion related to the shared service. 7. SERVICE AGREEMENTS Intermunicipal Collaboration Framework Between Kneehill County and Village of Linden 7 a) Any change to the shared services provided by the municipalities will include a schedule for implementation of the change. This will include the following: i. The start date that the change will take effect. ii. A plan to phase out the existing service delivery and to initiate the new service delivery methods. iii. A plan for the phasing in or out of cost sharing, or other arrangements. iv. A review date to evaluate the efficiency of the shared service delivery and funding strategy. b) Where the Committee desires a joint cost sharing or management agreement, a service agreement shall be developed on that specific item. c) When developing service agreements, the Committee shall: i. Clearly identify which municipality will lead service delivery for the service(s). ii. Determine the appropriate funding for the service(s) discussed. iii. Set out a time frame for the delivery of the service(s) discussed including the start and end date of the service delivery. iv. Set out a process for discontinuing the service provided if one or both municipalities wish to discontinue in the service delivery. 8. THE ROLE OF COUNCIL AND ADMINISTRATION a) Each council retains the ability and responsibility to make decisions on behalf of their residents. By approving the Framework, each council is affirming a commitment to increased collaboration, cooperation, and to provide direction to their administration and the public for the importance of increased communication at all levels of the organization. b) Together the Councils will seek opportunities to develop and sustain healthy relationships between the two municipalities and professionally communicate to the public the successes, opportunities and challenges being addressed together. c) Annually, each municipality will formally communicate through newspaper, social media, website and other methods to their respective residents the services that the two municipalities cooperate in the delivery of and the respective monetary value of these contributions to their municipality. d) Administration, through the direction of the CAO, will be the mechanism through which the Framework is formalized, maintained, delivered, and made durable. i. Administration will be responsible to ensure the requirements of the Framework are carried out operationally and can initiate communication on an as needed basis. Reports will be provided every six months between the CAOs for distribution to Intermunicipal Collaboration Framework Between Kneehill County and Village of Linden 8 Council on how services party to the agreement have proceeded, as well as any other municipal updates that may be valuable as information or supportive to future discussions. ii. Municipal counterparts will work together to address issues that arise within the scope of their authority and mandate and be accountable for informing the appropriate levels of authority about matters that require attention for the mutual benefit of the municipalities. iii. To assist in fostering and sustaining a healthy relationship and as a proactive measure to minimize disputes, regular scheduled joint meetings to keep each other updated on current and upcoming issues and events should take place. The Meetings may take different forms (administration to administration, joint councils, ICF Committee, etc.). At minimum, the Councils and the established ICF Committee will each meet once per year. e) Regarding the handling and communication of day to day decisions, each of the parties should assume the best of each other and follow up to clarify any concerns and issues. Additionally, each party commits to the following Social Media Guidelines: Social media refers to freely accessible, interactive web-based technologies used to produce, post and interact through text, images, video and audio to inform, promote, and collaborate. Social media can complement traditional communications and marketing mediums. It is recognized that the use of social media as a communication tool to achieve strategic communication goals will be undertaken by the parties and their representatives from time to time. It is acknowledged that the use of social media can create instances or environments that may negatively impact the relationship of the parties. As both parties are seeking a positive and respectful relationship, the following guidelines should be adhered to when utilizing social media platforms: i. Use should adhere to organizational standards that the respective parties may have in place. ii. Should not do anything to harm the reputation of the County or the Village whether or not they are authorized users of social media sites. iii. Attacks, badmouthing, or negative statements directed to any of the parties, their representatives, or their employees should not be made. iv. Unauthorized posting of personal information (names, address, phone number, email etc.) of other users should not occur. v. Material which defames, abuses, or threatens others should not be posted. vi. Use should refrain from personal opinion and deal only with facts and official positions of the parties. vii. Information that is private and confidential shall not be shared. viii. Comments and conversations on social media sites will not be deemed as official correspondence. Intermunicipal Collaboration Framework Between Kneehill County and Village of Linden 9 ix. The parties will not speak on behalf of the other party. x. Communication should be respectful. xi. Material that contains vulgar, obscene or indecent language or images should not be posted. It is acknowledged by the parties that the use of social media platforms to address disagreements or issues is neither appropriate nor effective. Concerns about the use of social media will be officially addressed to the Council of the other party. 9. OVERVIEW OF MUNICIPAL SERVICES a) The County and the Village have both reviewed the services offered to residents. b) Based on the review, it has been determined that each party desires to continue to provide services through the various arrangements that are in place independently with their respective municipal partners and third-party bodies. c) The following listings indicate which services are provided independently by each municipality, intermunicipally, or via a third-party provider, to residents and ratepayers in each municipal jurisdiction, (as of the date of the signing of this agreement). Service Provision in the County The County delivers the following services to its’ residents: • Agricultural Services; • Bylaw Enforcement (municipal Peace Officers); • Cemetery Services; • Family and Community Support Services (through Kneehill Regional FCSS); • Fire and Emergency Management Services; • Library Services (through the Marigold Regional Library System); • Planning and Development Services; • Safety Codes; • Recreation and Parks services; • Seniors’ housing (through the Kneehill Housing Corporation); • Solid Waste and Recycling: (through the Drumheller and District Solid Waste Commission); • Transportation Services; • Water Services (through AQUA 7, the Village of Three Hills, the Village of Drumheller); • Wastewater Services . Service Provision in the Village The Village delivers the following services to its’ residents: Intermunicipal Collaboration Framework Between Kneehill County and Village of Linden 10 • Bylaw Enforcement (in association with Carbon, Linden, Trochu, and Three Hills); • Family and Community Support Services (through Kneehill Regional FCSS); • Fire and Emergency Management Services; • Library Services (through the Marigold Regional Library System); • Planning, Development and Safety Code Services (through Palliser Regional Municipal Services); • Recreation and Parks services; • Seniors’ housing (through the Kneehill Housing Corporation and Linden Housing Corporation); • Solid Waste and Recycling: (through the Drumheller and District Solid Waste Commission); • Transportation Services; • Water Services (through Aqua 7); • Wastewater Services. 10. EXISTING COOPERATION a) The County and the Village have a history of working together to jointly provide the following municipal services to their residents, either directly, or indirectly to their residents: Service Area Delivery Method Service Shared Arrangement Transportation Intermunicipal Collaboration Certain streets maintained by County as per agreement. Other services provided on cost recovery As per Transportation Memorandum of Understanding As per Hold Harmless Agreement Water and Wastewater Via 3rd Party Both municipalities are members of the Aqua 7 Water Commission Through the Aqua 7 Water Commission Solid Waste and Recycling Intermunicipal Collaboration The Village has access to the Transfer Station operated by the County Both municipalities are members of the Drumheller and District Solid Waste Association As per the Linden Transfer Station Agreement Emergency Services Intermunicipal Collaboration Fire Services, Emergency Management (KREMA), Mutual Aid and Regional Live Burn Training Facility As per agreements Recreation Intermunicipal Collaboration Funding for recreation within the Village is provided by the County As per the Recreation Agreement Intermunicipal Collaboration Framework Between Kneehill County and Village of Linden 11 Planning & Development Intermunicipal Collaboration Consultative discussion on certain planning and development activities around shared boundary As per Intermunicipal Development Plan Weed and Pest Inspection Intermunicipal Collaboration Village appoints the County as weed inspector As per the Urban Weed and Pest Inspection Agreement Enforcement Services Intermunicipal Collaboration The Village contracts enforcement services from the County As per the Enforcement Agreement Family and Community Support Services Via 3rd Party The County and Village are both members of a Regional FCSS program As per the Regional FCSS Agreement Kneehill Regional Partnership Intermunicipal Collaboration The County and Village are both members of the Kneehill Regional Partnership As per the Partnership Agreement Kneehill Seniors Housing Via 3rd Party The County and Village are both members of Kneehill Seniors Housing As per Agreement Library Services Via 3rd Party The Village and the County are both members of the Marigold Library System As per Agreement b) Where any of the above agreements have lapsed, the Committee may desire to review and renew agreements. 11. INDEMNITY a) The County shall indemnify and hold harmless the Village, its employees and agents from any and all claims, actions and costs whatsoever that may arise directly or indirectly out of any act or omission of the Village, its employees or agents in the performance of this Agreement. b) The Village shall indemnify and hold harmless the County, its employees and agents from any and all claims, actions and costs whatsoever that may arise directly or indirectly out of any act or omission of the County, its employees or agents in the performance of this Agreement. 12. DISPUTE RESOLUTION Intermunicipal Collaboration Framework Between Kneehill County and Village of Linden 12 a) It is the desire of the Village and the County to promote public confidence in the leadership of both municipalities by encouraging intermunicipal cooperation and self-directed dispute resolution processes; and b) The Village and the County have a mutual commitment to resolve any disputes brought forward and shall make a good faith attempt at resolving perceived disputes prior to mediation; and c) Any matter of Intermunicipal concern between the municipalities shall first be informally discussed by relevant administrative officials employed by the Village and County, culminating with discussions between the Chief Administrative officers with the goal of resolving the concern. i. Chief Administrative Officers will report the dispute and resolution to their respective Council on a regular basis as well as through the regular reporting. d) Should the Chief Administrative Officers fail to resolve the dispute, the Chief Administrative Officials and Chief Elected Officers will meet to attempt resolution. e) If the matter of Intermunicipal concern is not resolved at the administrative and Chief Elected Official level, the initiating municipality shall provide a Notice of Dispute to the other municipality, and request that a confidential review by the Intermunicipal Committee be scheduled. All requests to the Committee shall include supporting resolution from the Council of the initiating municipality authorizing the request. Neither Council will impede progress towards meeting, and will initiate consultation with each other within 14 days. i. The Committee shall review the matter in closed session and may recommend action to both Council’s to resolve the matter, or refer the matter to Administration with recommendations to resolve. ii. Every effort will be made to attempt resolution at this stage prior to engaging third party mediation. f) If the matter of Intermunicipal concern is not resolved, the Committee shall recommend to the Councils of the Village and the County that a third party mediation, focused on interest based negotiation and mutual success, be commenced within sixty (60) days. i. The Committee shall appoint a mutually agreeable mediator. ii. The Committee will provide the mediator with an outline of the dispute and any agreed statement of facts. iii. The Village and the County will provide the mediator access to all records, documents and information that the mediator may reasonably request. iv. All proceedings involving a mediator are confidential and without prejudice. v. The costs of such third party mediation will be shared equally between the Village and the County. vi. The municipalities support that mediation creates a cooperative framework for the resolution of future conflict that can be resolved in a positive way that is mutually acceptable to both municipalities, and within the scope of their joint authority. Intermunicipal Collaboration Framework Between Kneehill County and Village of Linden 13 g) If the matter of Intermunicipal concern is not resolved through third party mediation, the Committee shall recommend to the Councils of the Village and the County that a rights- based process be pursued, including but not limited to binding arbitration. h) When all other opportunities for successful resolution have been exhausted, either municipal Committee may recommend to their respective Council to pursue arbitration. i. The Committee shall appoint a mutually agreeable arbitrator, or have one appointed through Municipal Affairs. ii. The Committee will provide the arbitrator with a report containing a list of the matters agreed upon and those on which there is no agreement between the municipalities. iii. The municipalities may consider final offer arbitration to resolve the dispute. iv. Direct costs incurred by both municipalities pertaining to the arbitration process shall be determined by the arbitrator. 13. CORRESPONDENCE a) Written notice under this Agreement shall be addressed as follows: i. In the case of the County to: Kneehill County Box 400 1600 – 2nd Street NE Three Hills, AB T0M 2A0 Attention: Chief Administrative Officer ii. In the case of the Village to: Village of Linden Box 213 Linden, AB T0M 1J0 Attention: Chief Administrative Officer 14. AUTHORIZATIONS In Witness whereof Kneehill County has hereunto affixed its corporate name and seal this ____ day of __________ 2020 and the Village of Linden has hereunto affixed its corporate name and seal this ____ day of ___________ 2020. Intermunicipal Collaboration Framework Between Kneehill County and Village of Linden 14 Kneehill County Village of Linden _________________________ _________________________ Reeve, Jerry Wittstock Mayor, Kelly Klassen ________________________ _________________________ CAO, Mike Haugen CAO, Lynda VanderWoerd Intermunicipal Collaboration Framework Between S.1 Appendix A POTENTIAL SHARED SERVICES, OR AGREEMENTS 1. The Municipalities have identified that the following items will be explored in further detail after the adoption of the Intermunicipal Collaboration Framework: • Both the Village and County have agreed to collaborate on the provision of water services along the municipal boundary of the Village of Linden. The Parties have agreed to develop a suitable framework for the provision of water services along the Village boundary. The parties will endeavour to develop this framework within 12 months. • As there is a Memorandum of Agreement in place between the Village and the County for the provision of fire services in 2020 and given that the specific costs and directions of Fire related communications are not yet known, the Village and the County agree to hold further discussions regarding Fire Services Collaboration with the intent of formalizing a new agreement within 12 months. REQUEST FOR DECISION AGENDA ITEM # 8.6 Page 1 of 2 Version: 2020-01 Subject: Intermunicipal Collaboration Framework Agreement – Town of Three Hills Meeting Date: Tuesday, March 10, 2020 Presented By: Mike Haugen, CAO Link to Strat Plan: Providing Good Governance Recommended Motion: 1. That Council authorize the Reeve and CAO to execute the Three Hills Transportation Agreement as presented. 2. That Council authorize the Reeve and CAO to execute the Three Hills Fire Services Agreement as presented. 3. That Council authorize the Reeve and CAO to execute the Three Hills Airport Memorandum of Understanding as presented. 4. That Council authorize the Reeve and CAO to execute the Three Hills Recreation Agreement as presented. 5. That Council authorize the Reeve and CAO to execute the Mt. Vernon Water Agreement as presented. 6. That Council authorize the Reeve and CAO to execute the Equity Water Agreement as presented. 7. That Council authorize the Reeve and CAO to execute the Enforcement Services Agreement as presented. 8. That Council authorize the Reeve and CAO to execute the Three Hills Urban Weed and Pest Agreement as presented. 9. That Council authorize the Reeve and CAO to execute the Kneehill County – Town of Three Hills Intermunicipal Collaboration Agreement as presented. Background/ Proposal As a result of recent updates to the Municipal Government Act (MGA), the Province now requires all municipalities that share a common boundary to adopt an Intermunicipal Collaboration Framework (ICF) by April 1, 2020. Further amendments through Bill 25 has provided clarification on the ICF process as follows: • The framework must describe the services to be provided under it that benefit residents in more than one of the municipalities. • The municipalities must identify which municipality is responsible for providing which services and outline how these services will be delivered and funded • Every framework must contain provisions establishing a process for resolving disputes that occurs while the framework is in effect REQUEST FOR DECISION AGENDA ITEM # 8.6 Page 2 of 2 Version: 2019-01 Discussion/ Options/ Benefits/ Disadvantages: As part of this process, the negotiation of several agreements has also taken place. The proposed negotiated agreements are attached and recommended for approval. Financial Implications: All costs associated with the proposed agreements will be built in to the County’s 2020 budget. Council Options: 1. Approve the agreement(s) as presented 2. Approve the agreement(s) as amended 3. Committee members to meet with Town of Three Hills Committee members to discuss amendments to the proposed agreement. Recommended Engagement: ☒ Directive Decision (Information Sharing-One way communication) Goal: To educate and inform citizens Tools: ☒ Individual Notification or ☐ Public Notification ☐ Consultative Decision (Consulting the Public – Two way communication) Goal: To seek feedback, test ideas, develop concepts and collaborative solutions Tools: ☐ Public Hearing ☐ Open House ☐ Focus Group ☐ Other- ☐ Collaborative Decision (Active Participation- Share or delegate decision making) Goal: To share or delegate decision making Tools: ☐ Participatory Decision Making ☐ Inter-Municipal Agreement ☐ Other- Attachments: Proposed ICF and Agreements Follow-up Actions: Notification to Town of Three Hills Notification to the Minister that the ICF process is complete CAO Approval: Mike Haugen, Chief Administrative Officer MEMORANDUM OF UNDERSTANDING to Assist Municipal Transportation Operations THIS AGREEMENT made effective this ___ day of _________, 2020 between: KNEEHILL COUNTY, hereafter known as the County and the TOWN of THREE HILLS, hereafter known as the Town WHEREAS, all municipalities in Alberta that share a boundary are required to provide for the integrated and strategic planning, delivery and funding of intermunicipal services; and WHEREAS, Intermunicipal Collaboration Framework (ICF) agreements for adjacent municipalities must be completed by April 1, 2020; and WHEREAS, the Municipal Government Act stipulates that ICF’s must identify the services provided by each Municipality, which services are best provided on an intermunicipal basis, and how services to be provided on an intermunicipal basis will be delivered and funded. WHEREAS the Town desires the County to assist with operations on the streets and avenues located within the boundaries of the Town. NOW THEREFORE the parties agree as follows: 1. The County agrees to assist with operations on the streets and avenues of the Town. 2. Grading and snowplowing services provided by the County to the Town will be at the request of the Town, and at the costs outlined in the current Master Rates Bylaw of the County. 3. The Town may apply to have dust control applied to a Town road or any County controlled road that is considered a border road to the Town. The Town will be responsible for all costs associated with the application as outlined in the County’s current Master Rates Bylaw. 4. The Town acknowledges that subsequent service or hold harmless agreements may need to be signed for, dependent on the specific services requested. 5. The County will invoice the Town following the completion of services and the Town agrees to pay all charges for such work not later than thirty (30) days following the date on which the County issues a statement for such charges. 6. The timing of the delivery of services is at the discretion of the Chief Administrative Officer of the County or designate. Such operations undertaken shall not unduly interfere with the regular supply of services and maintenance to the County at large, while respecting the priorities established by County Council through policy. 7. The Town covenants and agrees that any damage to the Town resulting from the services provided shall be at the Town’s sole risk and expense, excepting in the case of operator negligence. The County will not be responsible for any damage or failure to road structures or substructure they provide services on. 8. The County shall have the right to refuse to perform operations on any street or avenue when in the opinion of the Chief Administrative Officer or designate, it would be hazardous or unsafe to do so. Entrance and workspace to the said streets and avenues must have clearance as requested by the County for equipment to safely enter into and safely operate within the streets and avenues. 9. Notwithstanding the above, the Town and County agree that the following services will be provided by each party: a) The County will provide maintenance grading and snow plow (blading) services on Range Road 241 and 3rd Street South. Said service will be billed once annually and at the County’s per hour cost. b) If gravel is required on Range Road 241 or 3rd Avenue South, the Town will reimburse the County at cost for the gravel and its application. The County will only apply gravel upon formal approval from the Town. c) The County will provide snow plowing (blading only) on 6th Avenue North from 8th Street North to the northern Town boundary at no fee to the Town. d) The County will provide dust control on 6th Avenue South along the Town’s boundary with the County. The Town shall reimburse the County for this service at cost. e) The Town may request dust control along 1st Avenue West. If requested, the County will provide this service to the Town at cost. 10. The Town may require the County to enter into a Road Use Agreement when significant gravel hauling operations are occurring on Town roads. 11. This MOU shall replace existing agreements governing the maintenance of Town roads by the County. In Witness whereof Kneehill County has hereunto affixed its corporate name and seal this ____ day of __________ 20_____ and the Town of Three Hills has hereunto affixed its corporate name and seal this ____ day of ___________ 20____. Kneehill County Town of Three Hills _________________________ _________________________ Reeve, Jerry Wittstock, Mayor, Tim Shearlaw ________________________ _________________________ CAO, Mike Haugen CAO, Alan Parkin 1 Intermunicipal FIRE SERVICES AGREEMENT 2020 to 2024 THIS AGREEMENT signed in duplicate and effective on the 1st day of January, 2020. BETWEEN: KNEEHILL COUNTY, a municipality in the Province of Alberta, hereinafter known as, KNEEHILL or COUNTY And THE TOWN OF THREE HILLS, a municipality in the Province of Alberta, hereinafter known as, THREE HILLS or TOWN Kneehill County and the Town of Three Hills have jointly entered into an Intermunicipal Collaboration Framework Agreement (ICF); The ICF expresses the intent, common elements, and broad parameters applicable to this sub-agreement; Whereas the Town operates a fire department within the Town and provides fire services to the residents of the Town and a portion of the County surrounding the Town referred to as the Three Hills Fire District #5. And Whereas working together the municipalities will provide more cost effective fire services, supporting these principles: • The costs to provide independent fire services would be significantly higher to both municipalities. • Jointly we can better equip the fire department which benefits both municipalities as well as the larger region. • Access to volunteer firefighters due to large geographical base, provides rural area greater access to firefighters. And Whereas both the Town and the County recognize that there is a broader community for which both municipalities share responsibility. • Residents of the County see themselves as being part of a larger community of the Town, and this applies to the citizens of the Town as well. • Municipalities share the responsibility of developing and maintaining safe and viable communities. • Joint fire services enhance the quality of life of our citizens, both urban and rural. And Whereas the Town and County agree to apportion the cost of such services under the terms and conditions as set forth in this agreement. 2 SECTION 1 – DEFINITIONS 1. “County” means the municipality of Kneehill County 2. “Fire Chief” means the fire chief appointed by the Town Council, or County Council for their own fire chief. 3. “Fire Services” means the provision of fire protection, prevention, inspection and investigation, as well as rescue work and providing emergency care for those injured in connection with incidents such as traffic accidents. 4. “Members” means a person employed or otherwise retained primarily to provide or facilitate the provision of firefighting and fire services 5. “Town” means the municipality of the Town of Three Hills 6. “Three Hills Fire District” means the area designated by the County as shown on Schedule A, attached to this agreement SECTION 2 – FIRE SERVICES GENERAL The Town and County shall jointly provide Fire Services in the Three Hills Fire District in accordance with the terms and conditions hereof. The Fire District Map is included as Schedule A of this agreement. SECTION 3 – COUNTY RESPONSIBILITIES 1. The County will be responsible to ensure all units and equipment under their ownership are kept in proper working order and in a state of readiness. 2. The County will submit an annual report to the Town on fire services according to the District Map in Schedule A. 3. As majority share owner, the County will retain title and ownership to Engine 5-2 and Tender 5-5, squad 5-6, and will be responsible for the replacement of the said fire apparatus. This includes the responsibility of safety inspections, repairs to pumps or the trucks, and maintenance of the radios installed in the trucks. 4. The County will be responsible for their proportionate share of insurance coverage as per the established ownership percentage of apparatus identified in Schedule B. 5. The County will be responsible for their proportionate share of rental equipment, if necessary, coverage as per the established ownership percentage of apparatus identified in Schedule B. 6. The County will provide a safety and maintenance program in regards to County owned trucks, as per Alberta Transportation requirements, for all department Members to operate under. 7. The County shall maintain a communications tower and radio system for the betterment of emergency communications in our region. 3 8. The County will be the managing partner for E-911 call dispatch services, with the Town paying the amount as described in Schedule B. With this, the County is the main contact with the chosen contractor, and will be a recipient of all documentation, including run reports. The Town will also receive incident reports and run reports through their own records management system with their Fire Chief. The Town will pay the County their per capita portion for this service as outlined in Schedule B. 9. The County shall appoint Fire Guardians annually, in accordance with the Forest and Prairie Protection Act, to carry out provisions of that Act and the County Fire Services Bylaw within the boundaries of the County. 10. The County shall provide a system for fire permitting, and have discretion on issuing a Fire Ban Level appropriate as set out in the County Fire Services Bylaw. 11. The County shall provide the Town with copies of fire services applicable bylaws, policies, and any future amendments, during the entirety of the Term of this agreement. 12. The County will reimburse the Town for the County’s proportionate share of maintenance costs. The proportionate share will be the same as the ownership share of each unit as depicted in this agreement. 13. The County will contribute its share of maintenance costs. The Town and the County acknowledge that the addition of apparatus, any capital or operational equipment additions or replacement, the unnecessary upgrade of equipment or components, aesthetic elements (decorative rims, decals, etc.), or administrative costs, are not considered maintenance. SECTION 4 – TOWN RESPONSIBILITIES 1. The Town shall approve their own fire department members and incident commanders, including designations within their fire command structure. 2. The Town shall have the authority, in any circumstance deemed necessary, to call upon mutual aid resources, to respond to an emergency in the Three Hills Fire District. 3. The Town shall have the authority to decide how resources will be deployed should two occurrences happen at or near the same time in either of the municipalities, and that mutual aid for manpower and equipment will be put in motion. 4. The Town shall be responsible to ensure that the apparatus and equipment are kept in good condition, and meet NFPA standards where applicable. 5. As majority share owner, the Town will retain title and ownership to the Rescue, Command, Engine 5-1, and will be responsible for all required safety inspections, repair of said trucks, and maintenance of the radios installed in the said trucks. 4 The Town will also be responsible to coordinate the replacement of the said trucks. 6. The Town will be responsible for their proportionate share of insurance coverage as per the established ownership percentage of apparatus identified in Schedule B. 7. The Town will be responsible for their proportionate share of rental equipment, if necessary, coverage as per the established ownership percentage of apparatus identified in Schedule B. 8. The Town agrees that the County will be the managing partner for E – 911 call dispatch services and they will pay to the County their proportionate share of the service as outlined in Schedule B. 9. The Town will assume full and complete responsibility for the manning and operation of their fire department and will ensure there is sufficient manpower, equipment, supplies and training available to provide protection to the district. The Town will ensure that all members operating vehicles have the necessary licensing to do so. 10. The Town will provide apparatus storage for all units as described in Schedule B. 11. The Town will carry life and/or accident insurance for all of their firefighter members. 12. The Town will be responsible for Worker’s Compensation Board coverage for their own fire fighters and/or volunteer fire fighters. The Town may have their own set of administrative compliances with respect to Occupational Health and Safety, however all Members will comply with OHS AB Regulations. 13. The Town shall ensure that their fire department members are adequately and properly trained to and will strive to operate within the Kneehill County Standard Operating Guidelines while providing fire protection services within the rural fire protection areas of the County. 14. The Town will make use of all fire apparatus and any of the equipment, supplies and manpower that the Fire Chief or a designate deems necessary to provide fire protection to the area outlined on the Map in Schedule A. 15. The Town shall cover all costs of water. 16. The Town will be responsible for fuel used in the provision of fire services. 17. The Town will maintain the engine, tender, and any other fire apparatus assigned to their municipality in a reasonable condition. 18. Starting in 2021, the Town will invoice the County in January each year for the provision of maintenance in the previous year. A record of maintenance/accounting backup will accompany the invoice and the County shall 5 be under no obligation to pay the invoice until these records are received. Should the Town incur significant maintenance costs during the year that would unduly affect the Town’s ability to meet its normal financial obligations, the Town may request reimbursement from the County on a one-off basis during the year. 19. Prior to incurring maintenance costs over $3000.00, the Town will seek approval from the County CAO or their designate. 20. The Town agrees to contribute a proportionate share of costs related to CVIPs and yearly pump testing. The proportion shall be based on the ownership share outlined in Schedule B. 21. The Town will provide quarterly reports for all known incidents occurring within the County to the County’s CAO or designate and provide copies to the County of all billings for incidents to which their Fire Department respond on behalf of the County. 22. The Town shall carry sufficient general liability coverage to protect their respective municipality in the event a claim is made as a result of any negligence on the part of their respective fire department members, or as a result of the operation of their fire department. 23. The Town will be responsible for setting their own level of service for medical first responses within their own municipality. SECTION 5 – FIRE SAFETY CODES 1. The County is the managing partner of the Quality Management Plan for Fire Safety Codes for Acme, Carbon, Linden, Trochu and Kneehill County. 2. The Town of Three Hills operates under its own Quality Management Plan for Fire Safety Codes, however for incidents within the County responded to by Three Hills, the Fire Chief or designate must report as soon as reasonably possible to Kneehill County CAO or designate to ensure compliance with the Safety Codes Act for reporting fire investigations and inspections. 3. All fires requiring reporting under the Safety Codes Act of Alberta and its Regulations shall be reported in a manner outlined within the Safety Codes Act to the Office of the Fire Commissioner. Upon completion of a fire investigation, the Fire Safety Codes Officer, QMP designated, shall ensure a copy of the report submitted to the Office of the Fire Commissioner be provided to the County. 4. The Fire Safety Codes Officer shall submit all required documents to the County and Town within thirty (30) days of an incident involving the conducting and coordinating of fire investigations, required as a result of death, injury, measurable damage or loss of property. 6 5. The County will be responsible for investigations and reporting of all fires occurring within the rural district areas of the County to the Fire Commissioners Office. SECTION 6 – FIRE CHIEFS COMMITTEE 1. The County will coordinate the Fire Chiefs Committee (FCC) consisting of area fire chiefs and the Kneehill County fire chief. The FCC shall recommend to their respective municipal Councils, policy changes to the service, and/or equipment, training recommendations for the betterment of the fire service as a whole. 2. The Town will provide two members to sit as voting members on the FCC. 3. The County shall administer this committee as a collaborative based committee. Agendas and minutes shall be available to the Town as requested. SECTION 7 – MUTUAL AID AGREEMENTS 1. The Town and County may enter into other mutual aid agreements as their municipality deems necessary. SECTION 8 – DISCHARGE OF FUTURE ACTION 1. The County and the Town hereby covenant and agree with each other that each party will at all times hereafter indemnify, defend and save harmless the other from all claims, demands, suits, actions or claims which may be made or brought against the other party as a result of either party responding to emergency incidents, or the use of or inability to use the other party’s vehicles or equipment within the geographic jurisdiction of the other. 2. This agreement shall, in no event, confer a right of action for damages on any property owner of the County, the Town or any person for operation or failure to operate thereunder. 3. This agreement shall, in no event, confer a right of action for damages caused by failure of an apparatus or a pumper unit to work on arrival, or a breakdown of the said apparatus or pumper unit, or failure of any kind. SECTION 9 – SETTLEMENT OF DISPUTES 1. If there is an operational dispute, the respective municipal Fire Chiefs shall attempt to settle the matter at an operational level between the two parties. 2. Should 9.1 not be possible, Chief Administrative Officers will be notified by both party Fire Chiefs and deliberate to find a solution. Barring none, the dispute 7 resolution process outlined in the Intermunicipal Collaborative Framework shall be honored. SECTION 10 – TERMS OF AGREEMENT 1. The term of this agreement shall be in effect from __________, 2020 to December 31, 2024. 2. Any of the parties may terminate this Agreement, or any renewal thereof at the end of any calendar year, by giving written notice to the other party prior to June 30 of that calendar year. 3. This agreement may be amended at any time through mutual written consent of the Parties. 4. A dispute arising out of one or more clauses, words or phrase will not render the whole agreement null and void. 5. A dispute arising between the Parties will not render the whole of this Agreement null and void. In witness whereof Kneehill County has hereunto affixed its corporate name and seal this ____ day of __________ 2020 and the Town of Three Hills has hereunto affixed its corporate name and seal this ____ day of ___________ 2020. KNEEHILL COUNTY TOWN OF THREE HILLS _______________________ __________________________ Reeve , Jerry Wittstock Mayor, Tim Shearlaw _______________________ __________________________ CAO, Mike Haugen CAO, Alan Parkin 8 Schedule A – Map of Fire District #5 9 Schedule B – Cost Sharing Schedule Operational Funding Provided by Kneehill County Base Funding $52,000 annually beginning January 2020 Capital Ownership and Replacement Cost on Fire Apparatus Capital Equipment Year Life Replacement Value KC % Three Hills % KC $ Annual Three Hills $ Annual KC-Tender 55 2002 20 Years 475,000 100 0 23,700 0 KC-Engine 52 2004 20 Years 525,000 100 0 26,200 0 TH-Command 50 2004 15 Years 80,000 0 100 0 5,333 TH-Rescue 54 2020 20 Years 254,350 20 80 2,545 13,565 TH-Engine 51 1998 20 Years 550,000 0 100 0 27,500 TH-Squad 56 (Brush) 2009 15 Years 100,000 100 0 6,667 0 59,112 46,398 NOTE: To justify the ownership of each unit going forward, the following consideration will take place effective January 1, 2020: Kneehill County will purchase 100% of the Brush Truck for $26,667 (4 year life expectancy) Kneehill County wil purchase 20% of the Rescue Truck for $50,870 (20 years life expectancy) Capital Replacement: Kneehill County and Three Hills shall budget annual contributions to their own capital replacement plan at the percentage of ownership as stated above. Insurance Each municipality will be responsible for their proportionate share of insurance premiums as per the ownership schedule above, however the municipality who owns the majority share shall be responsible for insuring said unit, with the propotional share as above. Units will be insured at replacement value to the extent possible. Insurance claim submission/processing will be handled by the municipality who owns the majority share of the unit. Insurance claim “payouts” will be paid to each municipality as per their proportionate share of units as indicated above and will be used for replacement purposes, unless otherwise agreed to by the parties. 10 Dispatch Services 2020: $2.56 per capita 2021: $2.65 per capita 2022: $2.74 per capita 2023: $2.84 per capita 2024: $2.94 per capita Billable Services The Town will receive 100% of the revenue for provincial highway response billable services and shall be responsible to issue all invoices for provincial highway response billable services carried out by the fire department. Each municipality may have the ability for billable fire services beyond provincial highway response under each jurisdiction’s bylaws. Each municipality will be responsible for the invoicing of these services, if deemed necessary as per each jurisdiction’s bylaw and will be entitled to receive that revenue. Other Base Costs (each municipality, no additional compensation) • Administration and staff • Training and development • Freight and postage • Communications • Advertising and subscriptions • Memberships and medical registrations • Officer development • Firefighters remuneration • Small equipment • Fire prevention program Variable Costs (each municipality, compensation other means) • Fire Safety Codes Investigations (Quality Management Plan) • Costs related to insurance claims • Costs related to calls for service 1 | Page Three Hills Municipal Airport Memorandum of Understanding THIS AGREEMENT signed in duplicate and effective on ___________________, 2020. BETWEEN: Town of Three Hills (hereinafter called the “Town”) and Kneehill County (hereinafter called the “County) WHEREAS the Three Hills Municipal Airport is located within the municipal boundary of the County; WHEREAS the Town and the County acknowledge that the described lands are considered non- patent land (Crown); WHEREAS the Town has legal possession of the Three Hills Municipal Airport through a License of Occupation granted by the Province of Alberta; WHEREAS the Town desires to annex the Three Hills Municipal Airport; NOW THEREFORE in consideration of the discussions held during Intermunicipal Collaboration Framework discussions, the Town and the County agree as follows: 1. Under the authority of the Municipal Government Act, the Town is considered the “municipality initiating authority” and the County is the “municipality authority from which the land is to be annexed” in this process. 2. The Town and County agree that the lands to be annexed are only those lands designated to be part of the Three Hills Municipal Airport operations as outlined in the attached Schedule A to this Memorandum of Understanding. 2 | Page 3. The Town must provide written notice to the Municipal Government Board, the Crown and the County in order to initiate any proposed annexation. The written notice must include: - Description of the lands to be annexed - Explanation of the reasons for the annexation - Proposal for consulting with the public and all affected leaseholders - All other information and payment of fees as outlined in the Municipal Government Act. 4. The Town agrees to comply with its obligation to clearly inform potentially affected leaseholders of the Three Hills Municipal Airport of the impact of annexation on the assessment and taxation of their property. In addition, all leaseholders should be informed of the potential impact of annexation based on current use of the property and the Town’s appropriate tax rate and applicable assessment procedures. Once the Town has informed the leaseholders of the most likely impact, the Town should explore with each leaseholder various options to mitigate the financial impact of annexation. 5. The County agrees to support the Town in the annexation process and will cooperate to meet the requirements imposed by the Municipal Government Board or the Crown to facilitate this process. 6. Should the current funding agreement as shown in Schedule B naturally expire or the annexation request be denied, the County and Town will endeavour to negotiate an extension of the current funding agreement or other means of support. 7. Both the Town and County recognize the annexation provisions of the Act do provide municipalities substantial freedom to solve local problems with local solutions, however, the assessment and taxation scheme is legislated to insure fairness in the taxation of property. Therefore, in defining a solution to assessment and tax issues arising from annexation, it is imperative that fairness be considered and the conditions be confirmed by the Lieutenant Governor in Council as part of the annexation order. 3 | Page IN WITNESS WHEREOF The County and the Town have hereto affixed their corporate seals attested to by the hands of their duly authorized officers in their behalf on the day and date first above written. Kneehill County Town of Three Hills _________________________ _________________________ Reeve, Jerry Wittstock Mayor, Tim Shearlaw ________________________ _________________________ CAO, Mike Haugen CAO, Alan Parkin Date:_______________________ 4 | Page SCHEDULE A Location of Property to be Annexed Title of Property Plan of Survey 8010484 showing right of way for Airport Purposes South ½ Sec. 33 Twp 31 Rge 23 W4M 5 | Page SCHEDULE B Current Funding Agreement Attached MEMORANDUM OF AGREEMENT to Assist Recreational Operations THIS AGREEMENT made effective this 1st day of January, 2020 between: KNEEHILL COUNTY, hereafter known as the County, and the TOWN OF THREE HILLS, hereafter known as the Town. WHEREAS, all municipalities in Alberta that share a boundary are required to provide for the integrated and strategic planning, delivery and funding of intermunicipal services, and WHEREAS, Intermunicipal Collaboration Framework (ICF) agreements for adjacent municipalities must be completed by April 1, 2020, and WHEREAS, the requirements of ICF’s are broadly described in Sec. 708.28 - 708.43 of the Municipal Government Act (MGA) and in ICF Regulation 191/2017, and WHEREAS, both the County and the Town contribute toward facilities for recreation for the residents of the Town and the County, and WHEREAS, the County has historically provided funding for the operation of Recreation Facilities within the Town; NOW THEREFORE The County and Town mutually agree as follows: 1. The County will provide to the Town $120,000.00 annually in support of Recreation Facilities located within the Town. 2. The term of the agreement will be from January 1, 2020 to December 31, 2024. 3. The Town will ensure that the County’s contribution will go toward funding recreation programs and facilities, not simply Administration overheads. The specific recreation priorities/facilities for which the funding is applied to shall be determined by the Town. 4. The Town acknowledges that the County owns and operates recreation facilities that are of benefit to the Town. The County agrees that there will be no request for reciprocal recreation funding from the Town towards County recreational facilities owned and operated by the County for use by Town residents. 5. The Town will provide the County with a listing of how the funds provided by the County were utilized. This accounting will be provided to the County prior to the current year’s funds being provided. In Witness whereof Kneehill County has hereunto affixed its corporate name and seal this ____ day of __________ 20___ and the Town of Three Hills has hereunto affixed its corporate name and seal this ____ day of ___________ 20___. Kneehill County Town of Three Hills _________________________ _________________________ Reeve, Jerry Wittstock Mayor, Tim Shearlaw ________________________ _________________________ CAO, Mike Haugen CAO, Alan Parkin MT. VERNON WATER DELIVERY AGREEMENT THIS AGREEMENT signed in duplicate and effective on the day of , 2020. BETWEEN KNEEHILL COUNTY, a municipality in the Province of Alberta, And THE TOWN OF TOWN OF THREE HILLS, a municipality in the Province of Alberta. WHEREAS Town of Three Hills owns and operates a water treatment and distribution system; WHEREAS Kneehill County desires to obtain treated water from the Town’s water system to supply the members of its Kneehill County Mt. Vernon Water System, herein referred to as Mt. Vernon Water System. WHEREAS Town of Three Hills is willing to supply and deliver treated water to Kneehill County for its Mt. Vernon Water System; NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual promises; and covenants herein contained both Town of Three Hills and Kneehill County agree as follows 1. PERMISSION TO DIVERT WATER 1.1 Kneehill County shall obtain the necessary permission or authority from the applicable government or regulator authorities to use and divert water from the Red Deer River through the Town's water system for its Kneehill County Water System. Kneehill County shall, upon request by Town of Three Hills furnish to them evidence that such permission or authority has been obtained. This agreement shall terminate should said permission or authority not be obtained, or if said permission or authority is revoked in the future. AB ENVIRONMENT SCHEDULE OF APPROVALS: 2. VOLUME OF WATER TO BE SUPPLIED AND DELIVERED 2.1 Town of Three Hills agrees, subject to the provisions of clause 3 herein, to supply and deliver on request of Kneehill County, up to 72,307 m3 of treated water annually. 3. SHORTAGE OF WATER SUPPLY 3.1 Kneehill County recognizes that in times of emergency such as fires, low river levels, polluted river water and where operational problems with the treatment facilities, reservoirs, pumphouse facilities and supply and distribution mains interrupt or reduce the supply of treated water, the domestic users of the water system in the Town of Town of Three Hills shall have FIRST RIGHT to the supply and delivery of treated water and Kneehill County will receive delivery of treated water on a BEST EFFORTS basis. Town of Three Hills will endeavour to remedy any deficiency in treated water supply within its control, so as to enable them to delivery quantities required by Kneehill County has referred to in clause 2. 3.2 If Town of Three Hills is unable to supply the agreed upon volumes of water because of the demands of other users of the water system, Town of Three Hills agrees that Kneehill County has SECOND RIGHT to treated water up to the amount specified in clause 2 of this agreement. Any additional parties will be ranked lower in priority. 3.3 In the event of water shortages or disruption to water service, Town of Three Hills will endeavor to provide Kneehill County with as much notice as reasonably possible in order for the County to provide sufficient notification to its user of the Mt. Vernon Water System. 4. REQUIREMENT FOR BOOSTER PUMP TO ENSURE ADEQUATE WATER SUPPLY 4.1 It is hereby noted that Town of Three Hills is required to maintain a minimum pressure of 60 psi at the metering station which is located at the beginning of the water pipeline. 4.2 In order to ensure the ability to supply the 198 m3 (43,553 imperial gallons) per day of treated water to be delivered to Kneehill County, as noted in section 2, it will be necessary to operate and maintain a booster pump at the beginning of the water pipeline. 4.3 Kneehill County shall be responsible for the cost for operation and maintenance complete with the required equipment, piping, plumbing, power installation, etc. for the Mt. Vernon Booster Station. The County will purchase the Mt. Vernon Booster Station upon the execution of a purchase agreement acceptable to both parties. 4.4 All of the equipment to be installed as per this section of the agreement shall become the sole property Kneehill County. 5 FUTURE IMPROVEMENTS TO IMPROVE ADDITIONAL SUPPLY 5.1 Kneehill County will not be responsible for the cost of any further improvement to Town of Three Hills' Water Plant and Pressure Systems, unless these improvements are required to increase the volume of treated water to be delivered to Kneehill County over that as stated in clause 2 of this agreement. 6 MAINTENANCE AND OPERATION OF WATER SUPPLY SYSTEM AND PIPELINE 6.1 Town of Three Hills will be solely responsible for operation and maintenance of the Town of Three Hills water treatment plant, and distribution system. 6.2 Subject to clause 8 below, Town of Three Hills’ responsibility to Kneehill County shall end at the connection point between the Town of Three Hills Water System and the Mt. Vernon Water System. 6.3 The County agrees to notify the Town of major maintenance on the system which occurs within Town boundaries and could potentially impact the Town operations. 7 CONNECTING THE MT. VERNON WATER SYSTEM TO THE TOWN OF THREE HILLS WATER SYSTEM 7.1 Kneehill County shall be responsible for all costs involved in connecting their water system to the Town of Three Hills Water System. 7.2 Kneehill County shall ensure that it installs a Master Water Meter at the connection point between the Town of Three Hills Water System and the Mt. Vernon Water System. 7.3 Kneehill County shall ensure that it installs and maintains a back flow prevention valve at the connection point between the Town of Three Hills Water System and the Mt. Vernon Water System and a back flow prevention valve at each service connection to ensure the integrity of the complete water supply and pipeline system. 7.4 Any and all connections between the Town of Three Hills Water System and the Mt. Vernon Water System be inspected by the Town of Three Hills’ CAO or designate prior to backfilling. 8 TRANSFER OF TREATED WATER 8.1 Subject to clause 3 the Town agrees to supply potable water to Kneehill County. 8.2 Transfer of custody and control of the treated water between Town of Three Hills and Kneehill County shall occur once water has passed through the meter between the Town of Three Hills Water System and the Mt. Vernon Water System. It is acknowledged that the meter is Town property. 9 DETERMINING VOLUME OF TREATED WATER USED BY KNEEHILL COUNTY 9.1 The readings from the Master Water Meter noted above in clause 7.2 shall be used to determine the total volume of treated water used by the Mt. Vernon Water System. 10 CHARGE FOR SUPPLY OF TREATED WATER 10.1 Kneehill County agrees to pay to Town of Three Hills an agreed unit price for each cubic meter of treated water delivered to the Mt. Vernon Water System. 10.2 It is agreed that the Town of Town of Three Hills will review the unit price annually in September and adjusted as of January 1st of each calendar year. 10.3 Town of Three Hills will attempt to provide formal written notice to Kneehill County by the first day of October of any changes in the Kneehill County unit price for the next calendar year. With its formal notice, Town of Three Hills agrees to provide Kneehill County with a written explanation of any such changes. 10.4 At the commencement of this agreement, the unit price shall be $2.22 per cubic meter. In no year of this agreement shall the Town increase the unit price per cubic meter more than 120% of the per cubic meter increase imposed on Town residents for the same effective year. 11 HOLD HARMLESS 11. 1 Kneehill County agrees to indemnify and hold harmless the Town of Three Hills agents, servants, officers, elected officials, or employees with respect to any claim, action, suit, proceeding or demand, made or brought against the Town of Three Hills (or any of them, their agents, servants, officers, elected officials, or employees) by any third party with respect to any occurrence, incident, accident, or happening relating to the provision of this Water Services Agreement pursuant to this agreement, excepting any occurrence, incident, accident involving gross negligence or intentional torts by the Town (or any of them, their agents, servants, officers, elected officials, or employees). 11.2 The Town of Three Hills agrees to indemnify and hold harmless Kneehill County agents, servants, officers, elected officials, or employees with respect to any claim, action, suit, proceeding or demand, made or brought against the County (or any of them, their agents, servants, officers, elected officials, or employees) by any third party with respect to any occurrence, incident, accident, or happening relating to the provision of this Water Services Agreement pursuant to this agreement, excepting any occurrence, incident, accident involving gross negligence or intentional torts by Kneehill (or any of them, their agents, servants, officers, elected officials, or employees). 12 SETTLEMENT OF DISPUTES 12.1 If there is an operational or rate dispute, the respective municipal Manager or Director shall attempt to settle the matter at an operational level between the two parties. 12.2 Should the above not be possible, Chief Administrative Officers will be notified by both party Manager/Directors and deliberate to find a solution. Barring none, the dispute resolution process outlined in the Intermunicipal Collaborative Framework shall be honored. 13 TERM OF AGREEMENT 13.1 This agreement shall be for a period of twenty years commencing on January 1, 2020. The County and Town shall review this agreement every 18 months. 13.2 This agreement shall ensure to the benefit of and be binding upon the parties hereto and their successors and assigns. 14 TERMINATION OF AGREEMENT 14.1 It is hereby agreed that Kneehill County may terminate this agreement at the end of any calendar year by providing written notice to the Town at least six months in advance. That is to say that Kneehill County will notify the Town on or before June 30 of any given year to terminate the agreement on the first day of the next year. 14.2 It is hereby agreed that Town of Three Hills may terminate this agreement at the end of any calendar year by providing written notice to the County at least 18 months in advance, due to this being an essential service. 15 WRITTEN NOTICES All notices to be given or delivered hereunder shall be in writing by mailing in a sealed and properly addressed envelope postage prepaid. Addresses to be used here as follows: Kneehill County Box 400 1600 2nd Street NE Town of Three Hills, AB T0M 2A0 The Town of Town of Three Hills Box 610 Town of Three Hills, AB T0M 2A0 Or such other address as either party may respectively from time to time designate. IN WITNESS WHEREOF Kneehill County and the Town of Town of Three Hills have hereto caused this agreement to be executed the day and year just above written. KNEEHILL COUNTY TOWN OF TOWN OF THREE HILLS __________________________ __________________________ Reeve, Jerry Wittstock Mayor, Tim Shearlaw __________________________ __________________________ CAO, Mike Haugen CAO, Alan Parkin EQUITY WATER DELIVERY AGREEMENT THIS AGREEMENT signed in duplicate and effective on the day of , 2020. BETWEEN KNEEHILL COUNTY, a municipality in the Province of Alberta, And TOWN OF TOWN OF THREE HILLS, a municipality in the Province of Alberta. WHEREAS Town of Town of Three Hills owns and operates a water treatment and distribution system; WHEREAS Town of Town of Three Hills operates and maintains a water pipeline which is connected to the Town’s system, and which runs north into Kneehill County; WHEREAS Town of Town of Three Hills is willing to supply and deliver treated water to Kneehill County for its Kneehill County Equity Water System herein referred to as Equity Water System. NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual promises and covenants herein contained both Town of Town of Three Hills and Kneehill County agree as follows 1. PERMISSION TO DIVERT WATER 1.1 Kneehill County shall obtain the necessary permission or authority from the applicable government or regulator authorities to use and divert water from the Red Deer River through the Town's water system for its Equity Water System. Kneehill County shall, upon request by Town of Three Hills furnish to them evidence that such permission or authority has been obtained. This agreement shall terminate should said permission or authority not be obtained, or if said permission or authority is revoked in the future. AB ENVIRONMENT SCHEDULE OF APPROVALS: 2. VOLUME OF WATER TO BE SUPPLIED AND DELIVERED 2.1 Town of Three Hills agrees, subject to the provisions of clause 3 herein, to supply and deliver on request of Kneehill County, up to 146,000 m3 of treated water annually. 3. SHORTAGE OF WATER SUPPLY 3.1 Kneehill County recognizes that in times of emergency such as fires, low river levels, polluted river water and where operational problems with the treatment facilities, reservoirs, pumphouse facilities and supply and distribution mains interrupt or reduce the supply of treated water, the domestic users of the water system in the Town of Town of Three Hills shall have FIRST RIGHT to the supply and delivery of treated water and Kneehill County will receive delivery of treated water on a BEST EFFORTS basis. Town of Three Hills will endeavour to remedy any deficiency in treated water supply within its control, so as to enable them to delivery quantities required by Kneehill County has referred to in clause 2. 3.2 If Town of Three Hills is unable to supply the agreed upon volumes of water because of the demands of other users of the water system, Town of Three Hills agrees that Kneehill County has SECOND RIGHT to treated water up to the amount specified in clause 2 of this agreement. 3.3 In the event of water shortages or disruption to water service, Town of Three Hills will endeavour to provide Kneehill County with as much notice as reasonably possible in order for the County to provide sufficient notification to its user of the Equity Water System. 4. REQUIREMENT FOR BOOSTER PUMP TO ENSURE ADEQUATE WATER SUPPLY 4.1 It is hereby noted that Town of Three Hills is required to maintain a minimum pressure of 60 psi at the metering station which is located at the beginning of the water pipeline at the Town’s north boundary. 4.2 In order to ensure the ability to supply the 400 m3 (88,000 imperial gallons) per day of treated water to be delivered to Kneehill County, as noted in section 2, it will be necessary for Town of Three Hills to operate and maintain a booster pump at the metering station located at the beginning of the water pipeline. 4.3 All of the equipment to be installed as per this section of the agreement shall be operated and maintained by Town of Three Hills and as such will be the sole property of Town of Three Hills. 5. FUTURE IMPROVEMENTS TO IMPROVE ADDITIONAL SUPPLY 5.1 Kneehill County will not be responsible for the cost of any capital upgrades or improvements to Town of Three Hills’ Water Treatment Plant and pressure systems, unless these capital upgrades or improvements are required to increase the volume of treated water to be delivered to Kneehill County over that as stated in section 2 of this agreement. This clause will also apply to instances in which capital upgrades or improvements are required by the Town as a result of the County requesting a different specification of water than that normally provided by the Town. 5.2 Both parties agree that any major improvements beyond routine maintenance and operation required would be in collaboration between both parties prior to any work completed. 6. MAINTENANCE AND OPERATION OF WATER SUPPLY SYSTEM AND PIPELINE 6.1 Town of Three Hills will be solely responsible for operation and maintenance of the Town of Three Hills water treatment plant, the water pipeline, metering station and booster pumps. 6.2 Town of Three Hills’ responsibility to Kneehill County shall end at the connection points between the water pipeline and the Equity Water System. 7. CONNECTING EQUITY WATER SYSTEM TO PIPELINE 7.1 Kneehill County shall be responsible for all costs involved in connecting their water system to the water pipeline. 7.2 All connections between the water pipeline and the Equity Water System shall be inspected by the Town of Three Hills' CAO or designate prior to backfilling. 7.3 Kneehill County shall ensure that it installs a back flow prevention valve at each connection point between the water pipeline and the Equity Water System and a back flow prevention valve at each service connection to ensure the integrity of the complete water supply and pipeline system. 8. KNEEHILL COUNTY EQUITY WATER SYSTEM 8.1 Kneehill County shall be responsible for all costs incurred in connecting its ratepayers to the Equity Water System. 9. TRANSFER OF TREATED WATER 9.1 Transfer of custody and control of the treated water between Town of Three Hills and Kneehill County shall occur at the various connections points between the water pipeline and the Equity Water System main line. 10. CHARGE FOR SUPPLY OF TREATED WATER 10.1 Kneehill County agrees to pay to Town of Three Hills an agreed unit price for each cubic meter of treated water delivered to the Equity Water System. 10.2 It is agreed that the Town of Town of Three Hills will review the unit price annually in September and adjusted as of January 1st of each calendar year. 10.3 Town of Three Hills will attempt to provide formal written notice to Kneehill County by the first day of October of any changes in the Kneehill County unit price for the next calendar year. With its formal notice, Town of Three Hills agrees to provide Kneehill County with a written explanation of any such changes. 10.4 At the commencement of this agreement, the unit price shall be $2.22 per cubic meter. In no year of this agreement shall the Town increase the unit price per cubic meter more than 120% of the per cubic meter increase imposed on Town residents for the same effective year. 11. HOLD HARMLESS 11.1 The County agrees to indemnify and hold harmless the Town of Three Hills agents, servants, officers, elected officials, or employees with respect to any claim, action, suit, proceeding or demand, made or brought against the Town (or any of them, their agents, servants, officers, elected officials, or employees) by any third party with respect to any occurrence, incident, accident, or happening relating to the provision of this Water Services Agreement pursuant to this agreement, excepting any occurrence, incident, accident involving gross negligence or intentional torts by the Town (or any of them, their agents, servants, officers, elected officials, or employees). 11.2 The Town of Three Hills agrees to indemnify and hold harmless Kneehill agents, servants, officers, elected officials, or employees with respect to any claim, action, suit, proceeding or demand, made or brought against the county (or any of them, their agents, servants, officers, elected officials, or employees) by any third party with respect to any occurrence, incident, accident, or happening relating to the provision of this Water Services Agreement pursuant to this agreement, excepting any occurrence, incident, accident involving gross negligence or intentional torts by Kneehill (or any of them, their agents, servants, officers, elected officials, or employees). 12. SETTLEMENT OF DISPUTES 12.1 If there is an operational or rate dispute, the respective municipal Manager or Director shall attempt to settle the matter at an operational level between the two parties. 12.2 Should the above not be possible, Chief Administrative Officers will be notified by both party Manager/Directors and deliberate to find a solution. Barring none, the dispute resolution process outlined in the Intermunicipal Collaborative Framework shall be honored. 13. TERM OF AGREEMENT 13.1 This agreement shall be for a period of twenty years commencing on January 1, 2020. The County and Town shall review this agreement every 18 months. 13.2 This agreement shall ensure to the benefit of and be binding upon the parties hereto and their successors and assigns. 14. TERMINATION OF AGREEMENT 14.1 It is hereby agreed that Kneehill may terminate this agreement at the end of any calendar year by providing written notice to the Town at least six months in advance. That is to say that Kneehill County will notify the Town on or before June 30 of any given year to terminate the agreement on the first day of the next year. 14.2 It is hereby agreed that Town of Three Hills may terminate this agreement at the end of any calendar year by providing written notice to the County at least 18 months in advance, due to this being an essential service. 15. WRITTEN NOTICES All notices to be given or delivered hereunder shall be in writing. Addresses to be used here as follows: Kneehill County Box 400 1600 2nd Street NE Town of Three Hills, AB T0M 2A0 The Town of Town of Three Hills Box 610 Town of Three Hills, AB T0M 2A0 Or such other address as either party may respectively from time to time designate. IN WITNESS WHEREOF Kneehill County and the Town of Town of Three Hills have hereto caused this agreement to be executed the day and year just above written. KNEEHILL COUNTY TOWN OF TOWN OF THREE HILLS __________________________ __________________________ Reeve, Jerry Wittstock Mayor, Tim Shearlaw __________________________ __________________________ CAO, Mike Haugen CAO, Alan Parkin 1 ENFORCEMENT SERVICES AGREEMENT ENTERED INTO THIS 1st DAY OF March, 2020 BETWEEN: KNEEHILL COUNTY A Municipal Corporation in the Province of Alberta (the "County") OF THE FIRST PART -and THE TOWN OF THREE HILLS A Municipal Corporation in the Province of Alberta (the "Town") OF THE SECOND PART WHEREAS the County has employed a Peace Officer/Bylaw Officer to supply Peace Officer/Bylaw Officer Services to the County; AND WHEREAS the Town desires to enter into an agreement with the County to obtain Peace Officer/Bylaw Officer Services within the boundaries of the Town; AND WHEREAS the Peace Officer(s) employed by the County has been appointed by the Alberta Solicitor General as having jurisdiction to enforce specified statutes within the Province of Alberta; AND WHEREAS the Peace Officer Act, Statutes of Alberta, 2006, c.P-3.5 and amendments thereto, requires that an agreement be entered into between the County and the Town respecting the provision of Peace Officer/Bylaw Officer Services through the employment of a common Peace Officer/Bylaw Officer; NOW THEREFORE this Agreement witnesses that in consideration of the terms and conditions contained in this Agreement, the County and the Town agree as follows: 1. The term of this Agreement shall commence on March 1, 2020. This Agreement shall terminate 3 (three) years after service commencement. 2. The County agrees to supply to the Town Peace Officer/Bylaw Officer Services through the Peace Officer/Bylaw Officer employed by the County. The Peace Officer/Bylaw Officer Services provided to the Town shall mean: i) Enforcement of the Town Bylaws (Officers will not capture/collect/house animals) within the boundaries of the Town. ii) Enforcement of legislation as appointed within Town boundaries. iii) Enforcement related educational programs when/where possible: based on Peace Officer/Bylaw Officer knowledge, skill set and available resources. Fulfillment of the preceding: i) In accordance with Kneehill County Peace Officer/Bylaw Officer Policies and Procedures as amended from time to time. ii) Response to Bylaw issues shall be through the direction of Town CAO or their designate. iii) To an average service level of four (4) hours per week and to a maximum of 16 hours per month, unless otherwise agreed upon, Monday to Friday during regular business hours 2 may be accommodated for weekend and evening coverage at the request of the Town’s CAO or designate. Evening and weekend hours may be part of the four hours per week or may be in addition to these hours. iv) Hours will be invoiced at actual cost of contracted services. v) The hourly of service will be at $82.00 and will increase by 2% on January 1st, 2021, and then each calendar year on January 1st thereafter. 3. With respect to Bylaw enforcement only, the County agrees to supply Peace Officer/Bylaw Services as required for court preparation and attendance at the hourly cost identified above in 2 (iv). Any other court and/or legal costs incurred as a result of prosecution for Bylaw will be the responsibility of the Town. All costs associated with the enforcement of Provincial statutes will be the responsibility of the County. 4. The identified service rate (as per section 2 (iv) of this service agreement) includes expenses associated with provision of the Peace Officer/Bylaw Services in the Town, such as office supplies, equipment, training and education, uniforms, travel, employee salary and benefits; 5. The County shall maintain general liability insurance coverage covering the Peace Officer/Bylaw Officer Services provided under this Agreement with the Town being added as named insured under the said coverage. 6. The County agrees to indemnify and save harmless the Town agents, servants, officers, elected officials, or employees) with respect to any claim, action, suit, proceeding or demand, made or brought against the Town (or any of them, their agents, servants, officers, elected officials, or employees) by any third party with respect to any occurrence, incident, accident, or happening relating to the provision of Peace Officer/Bylaw Services pursuant to this Agreement, excepting any occurrence, incident, accident involving gross negligence or intentional torts by the Town or any of them, their agents, servants, officers, elected officials, or employees). 7. The Town agrees to indemnify and save harmless the County agents, servants, officers, elected officials, or employees) with respect to any claim, action, suit, proceeding or demand, made or brought against the County ( or any of them, their agents, servants, officers, elected officials, or employees) by any third party with respect to any occurrence, incident, accident, or happening relating to the provision of Peace Officer/Bylaw Services pursuant to this Agreement, excepting any occurrence, incident, accident involving gross negligence or intentional torts by the County or any of them, their agents, servants, officers, elected officials, or employees). 8. The Towns Chief Administrative Officer or their designate will receive from the Peace Officer/Bylaw Officer a statistical report on Peace Officer/Bylaw Officer Services supplied by Kneehill County to the Town when requested, but not to exceed six (6) times within a one (1) year period. 9. The Town acknowledges that any complaint received by it in writing, with respect to the provision of Peace Officer/Bylaw Officer Services regarding officer misconduct pursuant to this Agreement shall be immediately forwarded to the County Chief Administrative Officer. Any disciplinary action taken against the Peace Officer/Bylaw Officer as a result of these complaints shall be administered by the County as outlined in the Discipline Policy. Time required for the County Chief Administrative Officer or designate to investigate bylaw complaints brought forward will be invoiced to the Town on a cost recovery basis. 3 10. If the authorization of the Peace Officer Program through the Alberta Solicitor General is terminated, then this Agreement may be terminated immediately. 11. Notwithstanding Clause 10 above, the County may terminate this Agreement without cause by providing 90 (ninety) days written notice to the Town. 12. Notwithstanding Clause 10 above, the Town may terminate this Agreement without cause by providing 90 (ninety) days written notice to the County. 13. Fine revenues shall be directed to the Town with respect to enforcement of Town Bylaws. Provincial Statute fine revenues shall be directed to the County as a partial cost recovery for Provincial Statute enforcement services. 14. This agreement rescinds all previous agreements with respect to Peace Officer/Bylaw enforcement services provided by Kneehill County effective on date noted in line 1. IN WITNESS OF THE FOREGOING, the parties have executed this Agreement, as of the aforementioned day and year. Kneehill County Town of Three Hills _________________________ _________________________ Reeve, Jerry Wittstock Mayor, Tim Shearlaw ________________________ _________________________ CAO, Mike Haugen CAO, Alan Parkin Municipal Agreement for Weed & Pest Inspection Between Kneehill County and Town of Three Hills PURPOSE All local authorities in Alberta are delegated responsibility for controlling regulated weeds and pests within their boundaries by the Province of Alberta through the Weed Control Act. Kneehill County has reached an agreement with the below signed municipality to approach weed and pest control through public awareness, education, integrated pest management and leadership. OBJECTIVES • To work as partners and share resources to save ratepayers money • To address weed & pest control issues in each partner’s jurisdiction efficiently and equitably • To share knowledge and understanding of weed & pest control methods, issues and opportunities • To provide expertise in administration of the Weed Control Act & Pest Control Act • To acquire and share knowledge of urban and rural weed & pest control priorities • To manage vegetation and pests in a consistent manner that is mutually beneficial to the community as a whole RESPONSIBILITIES • Kneehill County o Provides an appointed Weed & Pest Inspector to enforce the Alberta Weed Control Act & Agricultural Pest Act o Provides truck, communication channels and other resources as required o Provides knowledgeable, trained and educated staff o Expenditures are recorded for actual inspection time and resources consumed. o Municipality will be invoiced for actual expenditures for herbicide applications if and when required. • The Town of Three Hills o Administration forwards vegetation & pest complaints or concerns to the Inspector o Review and approve the budget allotment for Weed & Pest Inspection annually o Participates in an annual evaluation with Agricultural Fieldman • Appointed Inspector o Provides recommendations to partners in carrying out provisions of the Weed & Pest Acts o Provides weed & pest identification, control and management expertise o Reports issues, opportunities and outcomes to partner administration o Works proactively identifying problem areas through visual survey Page 2 of 2 o Recognizes the culture and political climate of each municipality o Consults with and works cooperatively with partner staff in weed & pest control programs o Communicates regularly with partners by written and verbal means o Issuing a formal notice to take remedial action as required, only where all other informal measures do not work o Monitor properties for compliance up to the point where a formal notice has not been complied with • Primary Contacts • Kneehill County Fallon Sherlock, Land Care Coordinator (Primary Contact) weed.inspector@kneehillcounty.com Tel: 403-443-5541 Bowen Claūsen, Manager of Parks & Agricultural Services Bowen.Clausen@kneehillcounty.com Tel: 403-443-5541 • Fee Schedule o Hourly rate: 2020 and 2021 - $30/hour 2022 and 2023 - $32/hour o Vehicle mileage rate as per Canada Revenue Guidelines (may change annually) o Herbicide application as required at cost • Term of agreement o This agreement shall be for a four (4) year term commencing January 1, 2020 expiring December 31, 2023. Kneehill County Town of Three Hills _________________________ _________________________ Reeve, Jerry Wittstock Mayor, Tim Shearlaw ________________________ _________________________ CAO, Mike Haugen CAO, Alan Parkin Date:_______________________ Intermunicipal Collaboration Framework Between Kneehill County and Town of Three Hills 1 KNEEHILL - THREE HILLS INTERMUNICIPAL COLLABORATION FRAMEWORK THIS AGREEMENT made effective January 1st, 2020, between: KNEEHILL COUNTY BOX 400, THREE HILLS, ALBERTA T0M 2A0 (the “County”) and the TOWN OF THREE HILLS BOX 610, THREE HILLS, ALBERTA T0M 2A0 (the “Town”) (hereinafter called the “Parties”) Intermunicipal Collaboration Framework Between Kneehill County and Town of Three Hills 2 PREAMBLE WHEREAS, the County and the Town recognize the importance and the responsibility of each respective municipality to make decisions on behalf of their residents; and WHEREAS, the parties share common interests and are desirous of working together to provide services to their residents and ratepayers; and WHEREAS, the parties are committed to the principle of mutual benefit to deliver some services within the region effectively, efficiently, and economically; and WHEREAS, the parties share a common border; and WHEREAS, the Municipal Government Act stipulates that municipalities that have a common boundary must create a framework with each other that identifies the services provided by each municipality and the funding arrangements for these services. NOW THEREFORE, by mutual covenant of the parties hereto it is agreed as follows: 1. PURPOSE a) The purpose of this Framework is to establish an Intermunicipal Committee and a collaborative process to direct intermunicipal communication and cooperation to support services that have mutual benefit. 2. SIGNATORIES a) The signatories to this Framework are the Reeve, Mayor and the Chief Administrative Officers of each municipality. b) The terms “Signatory”, “Party”, “Partner”, and “Municipalities” may be used interchangeably in this agreement. 3. DEFINITIONS a) In this Agreement: Intermunicipal Collaboration Framework Between Kneehill County and Town of Three Hills 3 “Arbitration” means a process to resolve disputes outside the courts. An arbitration decision is legally binding on both sides and enforceable in the courts. “Chief Administrative Officer” means the Chief Administrative Officer for each municipal jurisdiction party to this agreement or their designate(s) thereof. “Chief Administrative Officer” or “CAO may be used interchangeably in this Agreement. "Committee" means Intermunicipal Collaboration Committee as defined in Section 5 of this Framework. “Dispute Resolution Process” includes a wide range of processes, including mediation and arbitration or various forms of, with each being an alternative to litigation, designed to meet the unique needs of the parties involved or the dispute at hand. “Final Offer Arbitration” refers to arbitration in which both parties submit their final offer to the arbitrator, and the arbitrator will choose one offer as the resolution to the dispute. The process gives each party an incentive to make a reasonable offer. The arbitrator’s decision is final and binding on the parties. "Framework” or “Agreement" may be used interchangeably in this document and means this agreement including all Appendices hereto. “Intermunicipal Service Provision” refers to municipal services provided through a shared or joint agreement with another municipality to residents and ratepayers. This includes services where a formal or an informal arrangement with another municipality is in place to access, administer, or deliver a civic service or function. “Lead” refers to the municipality or organization assigned to organize or administer the day-to-day operations of a specific intermunicipal initiative. “Mediation” means a process involving a neutral person as a mediator who assists the parties to a matter and any other person brought in with the agreement of the parties to reach their own mutually acceptable settlement of the matter by structuring negotiations, facilitating communication and identifying the issues and interest of the parties. “Mediator” refers to the person or persons appointed to facilitate by mediation the resolution of a dispute between the parties. “Municipal Service Provision” refers to municipal services provided directly by a municipality to residents and ratepayers. This includes services where the municipality has direct control over the service contract along with the authority to directly hire contractors to perform services Intermunicipal Collaboration Framework Between Kneehill County and Town of Three Hills 4 or address a civic function on behalf of the municipality. “Mutual Benefit” means equality and respect within the relationship between the partners and agreements in which both parties gain value. “Notice of Dispute” means a formal motion that approved by Council providing notification from the initiating municipality to the other municipality that a dispute is substantial and requires collaborative action to resolve. “Rights-based Process” focuses on respect for human dignity. This approach holds that our dignity is based on our ability to choose freely how we live our lives, and that we have a moral right to respect for our choices as free, equal, and rational people, and a moral duty to respect others in the same way. This approach asks us to identify the legitimate rights of ourselves and others, in a given situation, as well as our duties and obligations. When confronted with conflicting or competing interests or rights, the parties need to decide which interest has greater merit and give priority to the right that best protects or ensures that interest. "Service delivery agreement" means a legally binding agreement such as a Contract, Agreement, or Memorandum of Understanding that outlines cost-sharing and management of new arrangements, and is signed by both parties. “Services” or “In Scope Services" means services that both parties may consider for joint cost sharing or management and are identified in this Agreement. "Signatory”, “Party", “Partner”, or “Municipalities” means the Reeve, Mayor and Chief Administrative Officers for each municipality. “Third-Party Service Provision” refers to municipal services provided through an agreement with a non-municipal independent entity. This refers to those services that are offered through agencies, boards, commissions, and current or former publicly-owned corporations (also known as crown or government-owned corporations that manage major infrastructure and associated services) in a region. "Year" means the calendar year beginning on January 1st and ending on December 31st. 4. TERM AND REVIEW Effective Date and Duration Intermunicipal Collaboration Framework Between Kneehill County and Town of Three Hills 5 a) In accordance with the Municipal Government Act, this is a permanent Agreement and shall come into force on the passing of resolutions adopting the ICF by the Municipalities. Review b) It is agreed to by the parties that the Intermunicipal Committee shall meet at least once every four years commencing no later than 2023 to review the terms and conditions of the agreement, or upon request by either party. Amendments c) This Agreement may be amended by mutual consent of both parties unless specified otherwise in this Agreement. d) Amended copies of this Agreement shall come into force on the passing of resolutions by both municipalities. 5. INTERMUNICIPAL COMMITTEE a) The County and the Town agree to create a recommending body known as the Kneehill – Three Hills Intermunicipal Committee (hereinafter referred to as the Committee). b) The Committee will meet on an as required basis and will develop recommendations to the Councils on the strategic direction of matters related to collaboration and cooperation affecting residents of the Municipalities, except matters where other current operating structures and mechanisms are operating successfully. c) The Committee shall be comprised of four (4) members from each municipal Council. d) The CAOs will be advisory staff to the Committee and responsible to develop agendas and recommendations on all matters. CAOs will be responsible for forwarding all recommendations from the Committee to their respective Councils. e) The Committee will promote a consistent and shared flow of information from intermunicipal meetings from a set of common notes that will be established. The common notes will be confidential and regarded as privileged until released by mutual consent of the Chief Elected Officials. f) Parties will give 30 calendar days of a notice for a meeting. Meeting requests will be directed to the CAO for the respective municipality. Intermunicipal Collaboration Framework Between Kneehill County and Town of Three Hills 6 g) "Services” or “In scope services" to be considered in this agreement for potential future joint cost sharing or management include: i. Transportation; ii. Water and Wastewater; iii. Solid Waste; iv. Emergency Services; v. Recreation; and vi. Other services that benefit residents. 6. FUTURE SHARED SERVICES, INITIATIVES AND AGREEMENTS a) When either municipality seeks to pursue a new shared service or initiative with the other party, the initiating CAO or designate will notify the other CAO. b) The initial notification will include a general description of the service, scope of the service, estimated costs, and timing. The receiving municipality will advise the initiating municipality if they support or object in principle and provide reasons. c) The Committee will meet to discuss the service within 30 days, if requested by either partner, and may schedule subsequent meetings as needed. d) The following criteria may be used when assessing the desirability of new shared services: i. The nature of the service; ii. Proposed efficiencies the shared service will realize and why the service would be better positioned as a shared model; iii. The level of community support including the demonstrated effort by volunteers, if applicable; iv. Relationship to a proposed capital project, and the associated proposed operating costs; v. Projected benefit by residents of both municipalities. e) The Committee will review and negotiate the terms related to the new shared service including the cost sharing arrangement of the service. The Committee will provide a recommendation for approval to the Councils of the partners. Intermunicipal Collaboration Framework Between Kneehill County and Town of Three Hills 7 f) In the event that the Committee or municipal Councils are unable to reach an agreement within 90 days, and do not jointly agree to extend the time period, then any unresolved issues shall be dealt with through the dispute resolution process as referenced in this agreement. If urgency is needed, the initiating municipality must note this in the initial notice, and the receiving municipality will make best efforts to accommodate a compressed timeframe. g) A proposed list of future shared services or initiatives to be explored by the Committee are included in Appendix A of this Agreement. This list may be updated from time to time as agreed to by the Committee. h) The Municipalities recognize that the decision to participate in or not participate in a shared service ultimately lies with the respective municipal Councils, who in turn must rely on the support of the electorate to support the shared service. i) Should a municipality proceed on their own without consultation of the other municipality, with the enhancement or expansion in some capacity of an existing shared service, the other municipality will have no obligation of participation or financial support for the new or enhanced portion related to the shared service. 7. SERVICE AGREEMENTS a) Any change to the shared services provided by the municipalities will include a schedule for implementation of the change. This will include the following: i. The start date that the change will take effect. ii. A plan to phase out the existing service delivery and to initiate the new service delivery methods. iii. A plan for the phasing in or out of cost sharing, or other arrangements. iv. A review date to evaluate the efficiency of the shared service delivery and funding strategy. b) Where the Committee desires a joint cost sharing or management agreement, a service agreement shall be developed on that specific item. c) When developing service agreements, the Committee shall: i. Clearly identify which municipality will lead service delivery for the service(s). ii. Determine the appropriate funding for the service(s) discussed. iii. Set out a time frame for the delivery of the service(s) discussed including the start and end date of the service delivery. Intermunicipal Collaboration Framework Between Kneehill County and Town of Three Hills 8 iv. Set out a process for discontinuing the service provided if one or both municipalities wish to discontinue in the service delivery. 8. THE ROLE OF COUNCIL AND ADMINISTRATION a) Each Council retains the ability and responsibility to make decisions on behalf of their residents. By approving the Framework, each Council is affirming a commitment to increased collaboration, cooperation, and to provide direction to their administration and the public for the importance of increased communication at all levels of the organization. b) Together the Councils will seek opportunities to develop and sustain healthy relationships between the two municipalities and professionally communicate to the public the successes, opportunities and challenges being addressed together. c) Annually, each municipality will jointly communicate through newspaper, social media, website and other methods to their respective residents the services that the two municipalities cooperate in the delivery of and the respective monetary value of these contributions to their municipality. d) Administration, through the direction of the CAO, will be the mechanism through which the Framework is formalized, maintained, delivered, and made durable. i. Administration will be responsible to ensure the requirements of the Framework are carried out operationally and can initiate communication on an as needed basis. Quarterly reports will be provided between the CAOs for distribution to Council on how services party to the agreement have proceeded, as well as any other municipal updates that may be valuable as information or supportive to future discussions. ii. Municipal counterparts will work together to address issues that arise within the scope of their authority and mandate and be accountable for informing the appropriate levels of authority about matters that require attention for the mutual benefit of the municipalities. iii. To assist in fostering and sustaining a healthy relationship and as a proactive measure to minimize disputes, regular scheduled joint meetings to keep each other updated on current and upcoming issues and events should take place. The Meetings may take different forms (administration to administration, joint councils, ICF Committee, etc.). At minimum, the Councils and the established ICF Committee will each meet once per year. Intermunicipal Collaboration Framework Between Kneehill County and Town of Three Hills 9 e) Regarding the handling and communication of day to day decisions, each of the parties should assume the best of each other and follow up to clarify any concerns and issues. Additionally, each party commits to the following Social Media Guidelines: Social media refers to freely accessible, interactive web-based technologies used to produce, post and interact through text, images, video and audio to inform, promote, and collaborate. Social media can complement traditional communications and marketing mediums. It is recognized that the use of social media as a communication tool to achieve strategic communication goals will be undertaken by the parties and their representatives from time to time. It is acknowledged that the use of social media can create instances or environments that may negatively impact the relationship of the parties. As both parties are seeking a positive and respectful relationship, the following guidelines should be adhered to when utilizing social media platforms: i. Use should adhere to organizational standards that the respective parties may have in place. ii. Should not do anything to harm the reputation of the County or the Town whether or not they are authorized users of social media sites. iii. Attacks, badmouthing, or negative statements directed to any of the parties, their representatives, or their employees should not be made. iv. Unauthorized posting of personal information (names, address, phone number, email etc.) of other users should not occur. v. Material which defames, abuses, or threatens others should not be posted. vi. Use should refrain from personal opinion and deal only with facts and official positions of the parties. vii. Information that is private and confidential shall not be shared. viii. Comments and conversations on social media sites will not be deemed as official correspondence. ix. The parties will not speak on behalf of the other party. x. Communication should be respectful. xi. Material that contains vulgar, obscene or indecent language or images should not be posted. It is acknowledged by the parties that the use of social media platforms to address disagreements or issues is neither appropriate nor effective. Concerns about the use of social media will be officially addressed to the Council of the other party. Intermunicipal Collaboration Framework Between Kneehill County and Town of Three Hills 10 9. OVERVIEW OF MUNICIPAL SERVICES a) The County and the Town have both reviewed the services offered to residents. b) Based on the review, it has been determined that each party desires to continue to provide services through the various arrangements that are in place independently with their respective municipal partners and third-party bodies. c) The following listings indicate which services are provided independently by each municipality, intermunicipally, or via a third-party provider, to residents and ratepayers in each municipal jurisdiction, (as of the date of the signing of this agreement). Service Provision in the County The County delivers the following services to its’ residents: • Agricultural Services; • Bylaw Enforcement (municipal Peace Officers); • Cemetery Services; • Family and Community Support Services (through Kneehill Regional FCSS); • Fire and Emergency Management Services; • Library Services (through the Marigold Regional Library System); • Planning and Development Services; • Safety Codes; • Recreation and Parks services; • Seniors’ housing (through the Kneehill Housing Corporation); • Solid Waste and Recycling: (through the Drumheller and District Solid Waste Commission); • Transportation Services; • Water Services (through AQUA 7, the Town of Three Hills, the Town of Drumheller); • Wastewater Services . Service Provision in the Town The Town delivers the following services to its’ residents: • Cemetery Services; • Bylaw Enforcement; • Family and Community Support Services (through Kneehill Regional FCSS); • Fire and Emergency Management Services; • Library Services (through the Marigold Regional Library System); Intermunicipal Collaboration Framework Between Kneehill County and Town of Three Hills 11 • Planning, Development and Safety Code Services; • Recreation and Parks services; • Seniors’ housing (through the Kneehill Housing Corporation and Three Hills Housing Corporation); • Solid Waste and Recycling; • Transportation Services; • Water Services; • Wastewater Services. 10. EXISTING COOPERATION a) The County and the Town have a history of working together to jointly provide the following municipal services to their residents, either directly, or indirectly to their residents: Service Area Delivery Method Service Shared Funding Arrangement Transportation Intermunicipal Collaboration Certain streets maintained by County as per agreement. Other services provided on cost recovery As per agreement Water and Wastewater Intermunicipal Collaboration The County purchases water for the Equity and Mt. Vernon systems from the Town. As per agreements Solid Waste and Recycling No Intermunicipal Collaboration NA Emergency Services Intermunicipal Collaboration Fire Services, Emergency Management (KREMA), Mutual Aid and Regional Live Burn Training Facility As per agreements Recreation Intermunicipal Collaboration Funding for recreation in the Town is provided by the County. As per agreement Intermunicipal Collaboration Framework Between Kneehill County and Town of Three Hills 12 Planning & Development Intermunicipal Collaboration Consultative discussion on certain planning and development activities around shared boundary As per Intermunicipal Development Plan Agriculture Intermunicipal Collaboration Town appoints the County as weed inspector As per agreement Enforcement Services Intermunicipal Collaboration The Town contracts enforcement services from the County As per the Enforcement Agreement Family and Community Support Services Via 3rd party The County and Town are both members of a Regional FCSS program As per the Regional FCSS Agreement Kneehill Regional Partnership Intermunicipal Collaboration The County and Town are both members of the Kneehill Regional Partnership As per the Partnership Agreement Kneehill Seniors Housing Via 3rd party The County and Town are both members of Kneehill Seniors Housing As per Agreement Library Services Via 3rd party The Town and the County are both members of the Marigold Library System As per Agreement b) Where any of the above agreements have lapsed, the Committee may desire to review and renew agreements. 11. INDEMNITY a) The County shall indemnify and hold harmless the Town, its employees and agents from any and all claims, actions and costs whatsoever that may arise directly or indirectly out of any act or omission of the Town, its employees or agents in the performance of this Agreement. b) The Town shall indemnify and hold harmless the County, its employees and agents from any and all claims, actions and costs whatsoever that may arise directly or indirectly out of any act or omission of the County, its employees or agents in the performance of this Agreement. Intermunicipal Collaboration Framework Between Kneehill County and Town of Three Hills 13 12. DISPUTE RESOLUTION a) It is the desire of the Town and the County to promote public confidence in the leadership of both municipalities by encouraging intermunicipal cooperation and self-directed dispute resolution processes; and b) The Town and the County have a mutual commitment to resolve any disputes brought forward and shall make a good faith attempt at resolving perceived disputes prior to mediation; and c) Any matter of Intermunicipal concern between the municipalities shall first be informally discussed by relevant administrative officials employed by the Town and County, culminating with discussions between the Chief Administrative officers with the goal of resolving the concern. i. Chief Administrative Officers will report the dispute and resolution to their respective Council on a regular basis as well as through a formal quarterly report. d) Should the Chief Administrative Officers fail to resolve the dispute, the Chief Administrative Officials and Chief Elected Officers will meet to attempt resolution. e) If the matter of Intermunicipal concern is not resolved at the administrative and Chief Elected Official level, the initiating municipality shall provide a Notice of Dispute to the other municipality, and request that a confidential review by the Intermunicipal Committee be scheduled. All requests to the Committee shall include supporting resolution from the Council of the initiating municipality authorizing the request. Neither Council will impede progress towards meeting, and will initiate consultation with each other within 14 days. i. The Committee shall review the matter in closed session and may recommend action to both Council’s to resolve the matter, or refer the matter to Administration with recommendations to resolve. ii. Every effort will be made to attempt resolution at this stage prior to engaging third party mediation. f) If the matter of Intermunicipal concern is not resolved, the Committee shall recommend to the Councils of the Town and the County that a third party mediation, focused on interest based negotiation and mutual success, be commenced within sixty (60) days. i. The Committee shall appoint a mutually agreeable mediator. ii. The Committee will provide the mediator with an outline of the dispute and any agreed statement of facts. iii. The Town and the County will provide the mediator access to all records, documents and information that the mediator may reasonably request. Intermunicipal Collaboration Framework Between Kneehill County and Town of Three Hills 14 iv. All proceedings involving a mediator are confidential and without prejudice. v. The costs of such third party mediation will be shared equally between the Town and the County. vi. The municipalities support that mediation creates a cooperative framework for the resolution of future conflict that can be resolved in a positive way that is mutually acceptable to both municipalities, and within the scope of their joint authority. g) If the matter of Intermunicipal concern is not resolved through third party mediation, the Committee shall recommend to the Councils of the Town and the County that a rights- based process be pursued, including but not limited to binding arbitration. h) When all other opportunities for successful resolution have been exhausted, either municipal Committee may recommend to their respective Council to pursue arbitration. i. The Committee shall appoint a mutually agreeable arbitrator, or have one appointed through Municipal Affairs. ii. The Committee will provide the arbitrator with a report containing a list of the matters agreed upon and those on which there is no agreement between the municipalities. iii. The municipalities may consider final offer arbitration to resolve the dispute. iv. Direct costs incurred by both municipalities pertaining to the arbitration process shall be determined by the arbitrator. 13. CORRESPONDENCE a) Written notice under this Agreement shall be addressed as follows: i. In the case of the County to: Kneehill County Box 400 1600 – 2nd Street NE Three Hills, AB T0M 2A0 Attention: Chief Administrative Officer ii. In the case of the Town to: Town of Three Hills Box 610 Three Hills, AB T0M 2A0 Attention: Chief Administrative Officer Intermunicipal Collaboration Framework Between Kneehill County and Town of Three Hills 15 14. AUTHORIZATIONS In Witness whereof Kneehill County has hereunto affixed its corporate name and seal this ____ day of __________ 2020 and the Town of Three Hills has hereunto affixed its corporate name and seal this ____ day of ___________ 2020. Kneehill County Town of Three Hills _________________________ _________________________ Reeve, Jerry Wittstock Mayor, Tim Shearlaw ________________________ _________________________ CAO, Mike Haugen CAO, Alan Parkin Intermunicipal Collaboration Framework Between S.1 Appendix A POTENTIAL SHARED SERVICES, OR AGREEMENTS 1. The Municipalities have identified that the following items will be explored in further detail after the adoption of the Intermunicipal Collaboration Framework: a) Negotiation of the County’s purchase of the Mt. Vernon Booster Station from the Town with understanding of the following principles: • The County acknowledges the age of the facility and understands that wear and tear from normal use is present; and, • The Town commits to rectify any outstanding maintenance, repairs, and replacements that would reasonably have been expected to be done prior to the sale. REQUEST FOR DECISION AGENDA ITEM # 8.7 Page 1 of 1 Version: 2020-01 Subject: Trochu Lagoon Request Meeting Date: Tuesday, March 10, 2020 Presented By: Mike Haugen, CAO Link to Strat Plan: Providing Good Governance Recommended Motion: The Council direct Administration to include $200,000.00 in the 2020 Operating Budget for the Town of Trochu’s lagoon upgrade project. Background/ Proposal Please see attached the Town of Trochu’s request from May 2018. The request was received by the County and a decision was postponed pending other discussions with the Town. In the letter, the Town is requesting $500,000.00 in funding to assist with upgrade to their lagoon. Discussion/ Options/ Benefits/ Disadvantages: The County has previously provided one-time funding for infrastructure projects within the Towns and Villages. This amount has historically been $200,000.00 and has been utilized by the Village of Linden and the Village of Carbon. Financial Implications: Should Council approve the one-time funding, Administration suggests that this amount can be included in the 2020 Operating Budget that will be recommended to Council in the near future. Council Options: 1. Council may opt to include the funding in the 2020 Operating Budget. 2. Council may opt to include a different level of funding. 3. Council may opt to deny funding. Recommended Engagement: ☒ Directive Decision (Information Sharing-One way communication) Goal: To educate and inform citizens Tools: ☐ Individual Notification or ☒ Public Notification ☐ Consultative Decision (Consulting the Public – Two way communication) Goal: To seek feedback, test ideas, develop concepts and collaborative solutions Tools: ☐ Public Hearing ☐ Open House ☐ Focus Group ☐ Other- ☐ Collaborative Decision (Active Participation- Share or delegate decision making) Goal: To share or delegate decision making Tools: ☐ Participatory Decision Making ☐ Inter-Municipal Agreement ☐ Other- Attachments: Town of Trochu Request Letter – May 2018 Follow-up Actions: Administration will notify the Town of Council’s decision. CAO Approval: Mike Haugen, Chief Administrative Officer REQUEST FOR DECISION AGENDA ITEM # 9.1 Page 1 of 1 Version: 2020-01 Subject: Welltraxx Presentation Meeting Date: Tuesday, March 10, 2020 Presented By: Mike Haugen, CAO Link to Strat Plan: Providing Good Governance Recommended Motion: That council receive the Welltraxx presentation for information. Background/ Proposal Kris Bower from Weltraxx will be presenting to Council today at 11:00 a.m. Discussion/ Options/ Benefits/ Disadvantages: Mr. Bower will be presenting on the rights and abilities of landowners as they relate to oil and gas surface leases. Welltraxx has done work with other municipalities regarding landowner awareness of their rights. Financial Implications: N/A Council Options: 1. That Council receive for information 2. That Council request more information Recommended Engagement: ☒ Directive Decision (Information Sharing-One way communication) Goal: To educate and inform citizens Tools: ☐ Individual Notification or ☒ Public Notification ☐ Consultative Decision (Consulting the Public – Two way communication) Goal: To seek feedback, test ideas, develop concepts and collaborative solutions Tools: ☐ Public Hearing ☐ Open House ☐ Focus Group ☐ Other- ☐ Collaborative Decision (Active Participation- Share or delegate decision making) Goal: To share or delegate decision making Tools: ☐ Participatory Decision Making ☐ Inter-Municipal Agreement ☐ Other- Attachments: N/A Follow-up Actions: N/A CAO Approval: Mike Haugen, Chief Administrative Officer REQUEST FOR DECISION AGENDA ITEM # 11.0 Page 1 of 1 Version: 2020-01 Subject: Council Follow-up Action List Meeting Date: Tuesday, March 10, 2020 Presented By: Mike Haugen, CAO Link to Strat Plan: Level of Service Recommended Motion: That Council receive the report regarding the Council Follow-up Action List for information, as presented. Background/ Proposal To request Council’s acceptance of the Council Follow-Up Action List. Discussion/ Options/ Benefits/ Disadvantages: Please find attached the Council Follow-Up Action List. The Council Follow-up Action list is a list of items from Council meetings that require follow-up. This document is regularly updated after each Council meeting. Financial Implications: N/A Council Options: 1. Receive the report regarding the Council Follow-up Action List for information. 2. Council provide further direction or required changes/amendments. Recommended Engagement: ☒ Directive Decision (Information Sharing-One way communication) Goal: To educate and inform citizens Tools: ☒ Individual Notification or ☒ Public Notification ☐ Consultative Decision (Consulting the Public – Two way communication) Goal: To seek feedback, test ideas, develop concepts and collaborative solutions Tools: ☐ Public Hearing ☐ Open House ☐ Focus Group ☐ Other- ☐ Collaborative Decision (Active Participation- Share or delegate decision making) Goal: To share or delegate decision making Tools: ☐ Participatory Decision Making ☐ Inter-Municipal Agreement ☐ Other- Attachments: March 10, 2020 Council Follow-Up Action List Follow-up Actions: Update Action List and provide updated Council Follow-Up Action List at the next Council meeting. CAO Approval: Mike Haugen, Chief Administrative Officer Meeting Date Motion #Description/Motion Action Required Assigned To Due Date Status 12-Feb-19 64/19 Councillor King moved to direct administration to continue to actively pursue ICF negotiations with the Town of Three Hills, Villages of Linden, Acme and Carbon and the Town of Drumheller.CAO Acme, Carbon and Three Hills- Draft IDP's were provided Drumheller- Ongoing ICF meetings have all been set up. 25-Jun-19 302/19 Councillor Penner moved that Council move to direct administration to pursue the easement regarding the Three Hills Creek Area Structure Plan.Planning Department Waiting on Landowner 26-Nov-19 499/19 Reeve Wittstock moved to accept for information the Trochu Housing Corporation presentation and direct administration to provide further information. See Motion 96/2020 COMPLETED CAO 14-Jan-20 26/20 Councillor Christie moved that Council transfer $150,000.00 for the purchase of the property located at SE 15-28-22 W4M to come from the Contingency Reserve.COMPLETED In Progress 14-Jan-20 27/20 Deputy Reeve McGhee moved that Council authorize the funds realized from the sale of surplus equipment located on the property located at SE 15-28-22 W4M be transferred to the Building Reserve.In Progress 11-Feb-20 47/2020 Deputy Reeve McGhee moved to direct Administration to schedule a public engagement process prior to a public hearing being scheduled. See Motion 74/2020 COMPLETED In Progress 11-Feb-20 49/2020 Deputy Reeve McGhee moved that administration submit an application under the Provincial Education Requisition Credit (PERC) for Uncollectable Education Property Taxes on Oil and Gas Properties. In Progress; the application intake for this grant is not until January 2021. 25-Feb-20 72/2020 Councillor Christie moved to schedule the Public Hearing for the Village of Acme/Kneehill County IDP, as per Section 606 of the Municipal Government Act, to be held on March 24, 2020 at 10:00 a.m. On the March 24, 2020 Agenda 25-Feb-20 73/2020 Councillor Christie moved to approve the attached Communications Plan for the proposed Land Use Bylaw 1808 as presented COMPLETED 25-Feb-20 74/2020 Councillor Keiver moved schedule an Open House for the draft Land Use Bylaw 1808 on April 2, 2020 from 3:30 – 6:30 to be held at the Kneehill County Office.COMPLETED Scheduled for April 2/2020 25-Feb-20 75/2020 Councillor Christie moved to table the Three Hills Victim Services Request until a financial statement is provided. 25-Feb-20 76/2020 Councillor King moved to approve the Intermunicipal Collaboration Framework Agreement with Mountain View County as presented COMPLETED 25-Feb-20 77/2020 Councillor Christie moved to approve the Intermunicipal Collaboration Framework Agreement with Starland County as presented COMPLETED 25-Feb-20 78/2020 Councillor Keiver moved to approve the Intermunicipal Collaboration Framework Agreement with the County of Stettler as presented COMPLETED 25-Feb-20 79/2020 Councillor King moved to approve the Intermunicipal Collaboration Framework Agreement with Rocky View County as presented COMPLETED 25-Feb-20 80/2020 Councillor Penner moved to approve the Intermunicipal Collaboration Framework Agreement with Wheatland County as presented COMPLETED 25-Feb-20 81/2020 Councillor Christie moved to authorize the Reeve and CAO to execute the Trochu Transportation Agreement as presented.COMPLETED 25-Feb-20 82/2020 Councillor King moved to authorize the Reeve and CAO to execute the Trochu Fire Services Agreement as presented COMPLETED Council Action Items Meeting Date Motion #Description/Motion Action Required Assigned To Due Date Status Council Action Items 25-Feb-20 83/2020 Councillor Christie moved to authorize the Reeve and CAO to execute the Trochu Fire Hall Lease Agreement as presented.COMPLETED 25-Feb-20 84/2020 Councillor King moved to authorize the Reeve and CAO to execute the Trochu Recreation Agreement as presented.COMPLETED 25-Feb-20 85/2020 Councillor Keiver moved to authorize the Reeve and CAO to execute the Trochu Transfer Site Agreement as presented COMPLETED 25-Feb-20 89/2020 Council moved all three readings to Bylaw 1818 to adopt the Kneehill Trochu Intermunicipal Collaboration Framework COMPLETED 25-Feb-20 90/2020 Councillor Penner moved to host the Kneehill County Discovery Fair Ratepayer Evenings located in Torrington and Carbon within the month of August. 25-Feb-20 95/2020 Councillor King moved that Council proceed with the Badlands Motorsports Resort Development Agreement as discussed Applicant has asked for change in the date of document. Coming back to Council on March 10th 25-Feb-20 96/2020 Councillor Christie moved that Council encourage the Town of Trochu to make application to the Minister of Municipal Affairs for the authority to exceed the Town’s debt limit for the purposes of constructing Seniors’ Housing Accommodations.COMPLETED AMENDMENT SUMMARY Council Meeting Date: March 10, 2020 Purpose: The purpose of the Amendment Summary is to explain the differences from the original package that was presented at the Council meeting compared to the amended version. Agenda: 10.1- Community Futures Wildrose- A verbal report was provided by Councillor Christie. 10.2- Policing Action Committee- A verbal report was provided by Councillor Hugo. Package: No additions were made to the package.