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Home My WebLink About2021.09.14 Council Meeting Package AdoptedCOUNCIL MEETING AGENDA 1600-2nd Street NE Three Hills, AB T0M 2A0 September 14, 2021 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 August 17, 2021 3.0 Appointments No Appointments Scheduled 4.0 Transportation No Report 5.0 Community Services 5.1 Planning 5.1.1 Cancellation of the September Municipal Planning Commission Meeting 5.1.2 Withdrawal of Redesignation for Portion of NE 21-33-26 W4, Plan 141 2515, Block 2, Lot 1 5.2 Water/Wastewater/Environment No Report 5.3 Agricultural Service Board & Parks No Report 5.4 Protective Services 5.4.1 Bylaw 1800- Traffic Bylaw- Third Reading 6.0 Corporate Services 6.1 Pine Cliff Energy Ltd. Tax Deferral Agreement Request 7.0 Business Arising from Previous Minutes No Report 1 2021.09.14 Adopted Council Meeting Package September 14, 2021 Council Meeting Agenda Page 2 of 2 8.0 New Business 8.1 Policy 6-1, Community Business Investment Partnership Grant Policy 8.2 Bylaw 1846- Procedural Bylaw 8.3 Increasing Knowledge-Sharing Among Regulators of Cannabis Production Facilities 8.4 RCMP Meeting at RMA 8.5 Bylaw 1847- Texas Gate 9.0 Disposition of Delegation & Public Hearing Business No Report 10.0 Council and Committee Reports 10.1 Canadian Badlands Ltd. 10.2 Three Hills Discovery Night 11.0 Council Follow-up Action List 12.0 Closed Session 12.1 Personnel (FOIP, Section 17) 13.0 Motions from Closed Session 2 2021.09.14 Adopted Council Meeting Package 1 ________ Initials MINUTES OF THE AUGUST 17, 2021 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. 3 Jerry Wittstock, Reeve Division No. 4 Glen Keiver, Councillor Division No. 6 Wade Christie, Councillor Division No. 7 Kenneth King, Councillor ABSENT: Division No. 5 Jim Hugo, Councillor ALSO PRESENT: Chief Administrative Officer Mike Haugen Director Corporate Services Bill McKennan Protective Services Manager Debra Grosfield Planning and Development Officer Brandy Hay Morgan ASB and Parks Manager Shelby Sherwick Economic Development Officer Jacqueline Buchanan Recording Secretary Carolyn Van der Kuil CALL TO ORDER Reeve Wittstock in the Chair Reeve Wittstock called the meeting to order at 8:30 a.m. AGENDA 1.0 Agenda 1.1 Additions to the Agenda No additions to the agenda. ADOPTION OF AGENDA 1.2 Adoption of Agenda 306/21 Councillor Christie moved approval of the agenda as presented. CARRIED UNANIMOUSLY MINUTES 2.0 Minutes 2.1 Regular Council Meeting Minutes of July 20, 2021 307/21 Councillor King moved approval of the July 20, 2021 Council Meeting minutes as presented. CARRIED UNANIMOUSLY 3 2021.09.14 Adopted Council Meeting Package COUNCIL MINUTES OF AUGUST 17, 2021 2 _________ Initials APPOINTMENTS 3.0 Appointments 3.1 Community Futures Wildrose Wendy Gerbrandt presented to Council a new program the County could consider and participate in as part of their Economic Development Business Retention and Expansion Initiative called the Community Business Investment Program. COMMUNITY SERVICES 5.0 Community Services ASB & PARKS 5.3 Agricultural Service Board and Parks 5.3.1 Agricultural Disaster Declaration 308/21 Councillor King moved that Council declare an Agricultural Disaster in Kneehill County. CARRIED UNANIMOUSLY PLANNING 5.1Planning 5.1.1 Bylaw 1844- Redesignation from Agriculture District to Light Industrial District 309/21 Deputy Reeve McGhee moved that Council provide first reading to proposed Bylaw 1844, for the purpose of amending Land Use Bylaw 1808 by redesignating a portion of the NE 21-33-26 W4, Plan 141 2515, Block 2, Lot 1 from the Agriculture District to Light Industrial (Section 102 of Land Use Bylaw 1808). CARRIED UNANIMOUSLY 310/21 Councillor King moved that Council schedule the Public Hearing, as per Section 230 & 692 of the Municipal Government Act, to be held on September 14, 2021 at 10:00 a.m. CARRIED UNANIMOUSLY WATER 5.2 Water/Wastewater/Environment 5.2.1 Three Hills East Water Consultation 311/21 Councillor King moved that Council direct administration to pursue the Three Hills East Water Feasibility Study as per the proposal from the consultant, with funding from 2021 operating budget as a special project. CARRIED UNANIMOUSLY The Chair called for a recess at 9:39 a.m. and called the meeting back to order at 9:57 a.m. with all previously mentioned Council members present. 4 2021.09.14 Adopted Council Meeting Package COUNCIL MINUTES OF AUGUST 17, 2021 3 _________ Initials PROTECTIVE SERV 5.4 Protective Services 5.4.1 Bylaw 1800 - Proposed Traffic Control Bylaw 312/21 Deputy Reeve McGhee moved that Council approve second reading of Bylaw 1800 Traffic Control as presented. CARRIED UNANIMOUSLY 313/21 Councillor Penner moved to direct administration to draft a letter to railway companies to request them to mow their right of ways along the train tracks within the hamlets of Kneehill County. CARRIED UNANIMOUSLY 5.4.2 Kneehill Area Fire and Emergency Management Mutual Aid Agreement 314/21 Deputy Reeve McGhee moved that Council approve the Kneehill Area Mutual Aid Agreement, dated August 2021, with the municipalities of Acme, Carbon, Linden, Three Hills and Trochu for the purposes of mutual aid fire and emergency responses within each other’s jurisdictions. CARRIED UNANIMOUSLY 5.4.3 RCMP and Council’s Priorities 315/21 Councillor Penner moved that Council accept the RCMP Quarterly Report and Kneehill County Enforcement Report as presented. CARRIED UNANIMOUSLY CORPORATE SERV 6.0 Corporate Services 6.1 Three-Year Operating and Five-Year Capital Forecasts 316/21 Councillor Penner moved that Council approves the 2022-2024 Three- Year Operating (Appendix A) and Five-Year Capital (Appendix E) Forecasts as presented. CARRIED UNANIMOUSLY 6.2 Quarterly Financial Reporting 317/21 Councillor Christie moved that Council approve the creation of a Disaster Recovery Reserve and that a contribution of $179,090 be approved, related to the DRP funds received from 2018 Overland Flooding. CARRIED UNANIMOUSLY 318/21 Deputy Reeve McGhee moved that Council approve a contribution of $134,997, for PERC funds received, to the Revenue Stabilization Reserve. CARRIED UNANIMOUSLY 5 2021.09.14 Adopted Council Meeting Package COUNCIL MINUTES OF AUGUST 17, 2021 4 _________ Initials 319/21 Councillor Keiver moved that Council approve all contributions received in 2021, for revenue related to the Gravel Blitz, be placed in the Gravel Reserve. CARRIED UNANIMOUSLY 320/21 Councillor Penner moved that Council approve an additional draw of $367,081 from the reserves detailed in Appendix C (Over Budget Funding Source) to fund capital projects which are over budget. CARRIED UNANIMOUSLY 321/21 Councillor King moved to amend the funding source for the Hastie Highway project from the bridge reserve to utilize MSI funding in the amount $2,900,000. CARRIED UNANIMOUSLY 322/21 Deputy Reeve McGhee moved that Council receive the Quarterly Financial Report, for the Period ending June 30, 2021, for information. CARRIED UNANIMOUSLY 6.3 Public Tax Auction 323/21 Councillor Penner moved that Kneehill County transfer the title for Plan 5591FI, Block 6, Lot 4 to Kneehill County pursuant to the Municipal Government Act, Section 424(1). CARRIED 324/21 Deputy Reeve McGhee moved that Council declares the parcel located at Plan 5591FI, Block 6, Lot 4 as surplus and directs administration to sell the property as per the Disposition of Surplus Lands Policy #16-16. CARRIED UNANIMOUSLY The Chair called for a recess at 11:50 a.m. and called the meeting back to order at 12:18 p.m. with all previously mentioned Council members present. NEW BUSINESS 8.0 New Business 8.1 Bylaw 1846- Procedural Bylaw 325/21 Councillor Penner moved that Council provide first reading to Bylaw 1846, that being a bylaw for the purpose of regulating meeting proceedings for Council and Council Committee meetings. CARRIED UNANIMOUSLY 6 2021.09.14 Adopted Council Meeting Package COUNCIL MINUTES OF AUGUST 17, 2021 5 _________ Initials 8.2 Three Hills 2021 FCSS Community Discovery Night 326/21 Councillor Penner moved that Council authorize the attendance of Deputy Reeve McGhee and Councillor King to attend the 2021 Three Hills Community Discovery Night. CARRIED UNANIMOUSLY 8.3 Kneehill 4-H Multi-Club Request 327/21 Councillor Penner moved that Council provide sponsorship to the Kneehill 4-H Multi-Club in the amount of $500.00 to help cover the costs of hosting the 4-H Archery Camp in Carbon. CARRIED UNANIMOUSLY 8.4 Justice Minister Meeting Attendance 328/21 Councillor Christie moved that Council authorize the attendance of Reeve Wittstock and Deputy Reeve McGhee to the Justice and Solicitor General Meeting that was held on July 23, 2021. CARRIED UNANIMOUSLY DISPOSITION OF DELEGATION BUSINESS 9.0 Disposition of Delegation Business & Public Hearing Business 9.1 Community Business Investment Program 329/21 Councillor Christie moved that Council directs administration to proceed in partnering with Community Futures Wild Rose to implement the Community Business Investment Program and directs administration to bring the associated policy to Council for decision. CARRIED UNANIMOUSLY COUNCIL REPORTS 10.0 Council and Committee Reports 10.1 Justice Minister Meeting – Verbal report by Reeve Wittstock 330/21 Councillor King moved that Council receive the Council and Committee reports as presented. CARRIED UNANIMOUSLY COUNCIL ACT LIST 11.0 Council Follow-Up Action List 331/21 Councillor Penner moved that Council receive for information the Council Follow-Up Action List as presented. CARRIED UNANIMOUSLY 7 2021.09.14 Adopted Council Meeting Package COUNCIL MINUTES OF AUGUST 17, 2021 6 _________ Initials ADJOURNMENT Adjournment The meeting adjourned at 12:55 p.m. ________________________ Jerry Wittstock Reeve _______________________ Mike Haugen CAO 8 2021.09.14 Adopted Council Meeting Package REQUEST FOR DECISION AGENDA ITEM # 5.1.1 Page 1 of 2 Version: 2020-02 Subject: Cancellation of the September Municipal Planning Commission Meeting Meeting Date: Tuesday, September 14, 2021 Prepared By: Barb Hazelton, Manager of Planning & Development Presented By: Barb Hazelton, Manager of Planning & Development Link to Strat Plan: Level of Service Recommended Motion: Council move to cancel the Municipal Planning Commission Meeting, scheduled for September 23, 2021. Council move to change the October 28, 2021 MPC meeting to October 14, 2021so it is held prior to the election. Background/ Proposal Bylaw 1784 – Municipal Planning Commission Bylaw states under “Conduct of Business: that the Commission shall hold such meetings as are necessary to fulfill the Commission’s responsibilities. The Municipal Planning Commission currently holds their meetings on the fourth Thursday of every month. Council sets the dates and times the Municipal Planning Commission will meet during the annual organizational meeting. The next meeting is scheduled for September 23, 2021. Discussion/ Options/ Benefits/ Disadvantages: Since these meeting dates are set by a motion of Council at their organizational meeting in October, Council authority is required to cancel one. Administration has not received any applications for Discretionary Use development permits or subdivisions prior to the deadline for the September meeting. No other applications can be considered for the September meeting as there is insufficient time to review and circulate the application. There are no other agenda items for discussion. Financial Implications: No per diems will be submitted for Council or Members at Large which will generate a savings to the operating budget. Council Options: 1. Council move to cancel the Municipal Planning Commission Meeting, scheduled for September 23, 2021. 2. Council move to continue with the Municipal Planning Commission meeting scheduled for September 23, 2021. 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 9 2021.09.14 Adopted Council Meeting Package REQUEST FOR DECISION AGENDA ITEM # 5.1.1 Page 2 of 2 Version: 2020-02 Follow-up Actions: Administration will ensure that Council and all members at large are aware that the September meeting has been cancelled. Administration will also ensure that the public is advised of the change. Director Approval: Laurie Watt, Director of Community Services CAO Approval: Mike Haugen, Chief Administrative Officer 10 2021.09.14 Adopted Council Meeting Package REQUEST FOR DECISION AGENDA ITEM # Addition Page 1 of 1 Version: 2020-02 Subject: Withdrawal of redesignation for portion of NE 21-33-26 W4, Plan 141 2515, Block 2, Lot 1 Meeting Date: Tuesday, September 14, 2021 Prepared By: Barb Hazelton, Manager of Planning and Development Presented By: Barb Hazelton, Manager of Planning and Development Link to Strat Plan: Level of Service Recommended Motion: That Council move to cancel the Public Hearing for Bylaw 1844 scheduled for September 14, 2021 at 10:00 a.m. as per the request of the applicant. Background/ Proposal Micheal and Rochelle Daniels have submitted a request to withdraw their application to redesignate a 1,088m2 (±) portion of NE 21-33-26 W4, Plan 141 2515, Block 2, Lot 1 from the Agriculture District to Light Industrial District. First reading to Bylaw 1844 was provided on August 17, 2021. With the applicant withdrawing their application, Bylaw 1844 will not receive second and third reading. This means that this bylaw is now void and will never be in effect. In the future if the applicant wants to apply again a new bylaw will need to be created. The Public Hearing was scheduled for September 14, 2021, at 10:00 a.m. Discussion/ Options/ Benefits/ Disadvantages: The notifications for the Public Hearing were sent to adjacent landowners and the ad for this public hearing was placed in the Three Hills Capital as well as our website. Notification of the cancellation was sent to adjacent landowners and an ad was placed on our website. Since the withdrawal happened on Thursday, September 9th, there was no time to advertise this in the Three Hills Capital before the Public Hearing date. Financial Implications: No fee for withdrawn applications, and no refund will be provided. Council Options: 1. Move to cancel the Public Hearing for Bylaw 1844 scheduled for September 14, 2021, at 10:00 a.m. as per the request of the applicant. 2. Council accept 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: N/A Director Approval: Laurie Watt, Director of Community Services CAO Approval: Mike Haugen, Chief Administrative Officer 11 2021.09.14 Adopted Council Meeting Package REQUEST FOR DECISION AGENDA ITEM # 5.4.1 Page 1 of 2 Version: 2020-02 Subject: Proposed Traffic Control Bylaw 1800 Meeting Date: Tuesday, September 14, 2021 Prepared By: Debra Grosfield, Manager Protective Services & Natalie Chubala CPO Presented By: Debra Grosfield, Manager Protective Services Link to Strat Plan: Level of Service Recommended Motion: Council approve Third Reading of Bylaw 1800 Traffic Control as presented. Background/ Proposal The Traffic Bylaw regulates traffic for public safety purposes on County roads. Council passed First Reading of Bylaw 1800 on July 20, and Second Reading on August 17, 2021. Ratepayer consultation to be completed regarding reducing speed limits in hamlets from 50km/hr to 40km/hr by Councillors. Rescinding Bylaws: We also took this opportunity to rescind the following bylaws that are no longer required, and are covered in this new version of the Traffic Control Bylaw. Current Traffic Control Bylaw and amending bylaws - 1545, 1529, 1520 Speed Control Bylaws specific to certain areas - 1634, 1631, 1613, 1594, 1580, 1469, 1464, 1457, 1430, 1375, 1332, 1274, 1269, 1056 Bridge Limits (weights) - 1538, 1535, 1526, 1521, 1465, 1458, 1302, 1271 Having bylaws for individual bridges is quite concerning when the structure may be altered at any time and the weights would be engineered to reflect the structure. Discussion/ Options/ Benefits/ Disadvantages: Section 1: Definitions – added and deleted definitions for clarity Section 2: Authority – defines this for administering and enforcing. Section 3: Road Protection – details different damages, obstructions, load securement, tracking of materials, chemicals, and removing products from our roads. Consultation with Commercial Vehicles lead to the addition of 3.5 in regards to covering loads of earth, sand or gravel at all times. Section 4: Weight Restrictions and Road Bans – authorizes the CAO to impose weight restrictions on roads, bridges, and overweighted vehicles. Section 5: Rates of Speed – 80km on County roads, unless otherwise posted. Currently it is 50km in Hamlets, and there have been some requests to lower this to 40km (as indicated in the draft). A list will be created to outline these. Section 6: Parking – includes parking signage through Traffic Control Devices, Recreational Vehicle parking, and trailer parking. 12 2021.09.14 Adopted Council Meeting Package REQUEST FOR DECISION AGENDA ITEM # 5.4.1 Page 2 of 2 Version: 2020-02 Section 7: Stop and Yield – authorization to require a stop sign or yield sign under the CAO and installation of Traffic Control Devices. A list will be created. Section 8 Sidewalks: Snow and ice removal and ability to charge for removal. Section 9 Agreements and Permits: Road use agreements may be made as exceptions to provisions in Section 3. Section 10 Off Highway Vehicles: Conditions on Off Highway Vehicles, including in Hamlets. Without this bylaw, any OHV operator may be ticketed for various reasons. With this bylaw, we are allowing the safe operation of OHV throughout the County. Sections 11, 12 Penalties: references Appendix where the fines are held and authorities of enforcement. Should any of these contraventions be in the Traffic Control Act, a CPO Level 1 would be able to use that higher Act for fines. Sections 13, 14 Severability and Rescinded Bylaws: We are proposing these Speed Control, Traffic Devices and Bridge Weights bylaws be rescinded to clean up some of our bylaws no longer required through legislative changes. Financial Implications: This bylaw is considered an enforcement tool to be able to properly distribute fines and penalties where a contravention exists. The fines revenue would be coded accordingly in our General Ledger. We have 3 CPO’s that are able to include its enforcement in their regular duties. Some signage would need to be erected to ensure speed limits are posted correctly; cost to be covered within our 2021 operating budget. Council Options: 1. To pass Second and Third Readings of the proposed Bylaw. 2. To pass Second Reading of the proposed Bylaw and give further research direction to administration. 3. To give further direction to Administration on changes discussed. 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- Councillors to engage their Hamlet residents on speed in Hamlets. ☐ 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 Bylaw 1800 Old Traffic Bylaw and amendments 1545, 1529, 1520 Follow-up Actions: Signage installation should speed limits change in the Hamlets. Speeds and Weight Restrictions to be documented in writing by the CAO annually. Director Approval: Laurie Watt, Director Community Services CAO Approval: Mike Haugen, Chief Administrative Officer 13 2021.09.14 Adopted Council Meeting Package BYLAW NO. 1800 TRAFFIC CONTROL BYLAW A BYLAW OF KNEEHILL COUNTY, IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE OF REGULATING THE USE OF HIGHWAYS WITHIN THE SERVICE AREAS OF KNEEHILL COUNTY, THE TRAFFIC AND PEDESTRIANS MOVING THEREON, AND THE PARKING OF VEHICLES ON THE HIGHWAYS WHEREAS the Traffic Safety Act, R.S.A. 2000 c. T-6 and the Municipal Government Act, R.S.A. 2000 c. M-26 provide the authority for the County to regulate such matters; WHEREAS the Municipal Government Act, R.S.A. 2000 c. M-26 as amended authorizes Council to make bylaws to regulate such matters as transportation systems and the safety, health and welfare of people and the protection of people and property; NOW THEREFORE the Council of Kneehill County, duly assembled, enacts the following: SECTION 1 DEFINITIONS 1.1 In this Bylaw: a. “Access” means and includes an approach used to connect private property with the roadway or a Highway for the purpose of providing access to or from a Highway; b. “Alley” means a narrow Highway providing access to the rear of buildings and parcels of land. c. “CAO” means Chief Administrative Officer of Kneehill County or designate to act on their behalf; d. “County” means Kneehill County; e. “Council” means the Council of Kneehill County; f. “Dangerous Goods” means any product, substance or organism specified in or included by its nature in any of the classes listed in the Regulations under the Dangerous Goods Transportation and Handling Act, R.S.A. 2000, c. D-4, as amended or changed from time to time; g. “Disabled Person” means and includes a handicapped person that has been diagnosed as such by a medical practitioner and who satisfies the requirements for issue by the Province of Alberta of a disabled parking placard, being sign IC-14, as specified in the Canadian Manual of Uniform Traffic Control Devices; 14 2021.09.14 Adopted Council Meeting Package Bylaw No. 1800, Traffic Control Bylaw Page 2 of 15 h. “Disabled Persons Parking Zone” means a parking spot, whether on public or private property reserved for disabled persons parking and which has been so designated by a Traffic Control Device erected by the County or a landowner as the case may be; i. “Driver or Operator” means a person who drives or is in actual physical control of a Vehicle; j. “Enforcement Officer” means any Peace Officer, Bylaw Enforcement Officer, RCMP Officer, or person authorized by Council to enforce the provisions of this Bylaw. k. “Hamlet” means an unincorporated community administered by and within the boundaries of Kneehill County. l. “Highway” means throughfare, street, road, trail, avenue, parkway, driveway, viaduct, lane, square, bridge, causeway, trestleway or other place, whether publicly or privately owned, any part of which the public is ordinarily entitled or permitted to use for the passage or parking of Vehicles and includes: i A sidewalk including a boulevard adjacent to the sidewalk; and ii If a ditch lies adjacent to and parallel with the roadway, the ditch; and iii If a Highway right of way is contained between fences or between a fence and one side of the roadway, all the land between the fences, or all the land between the fence and the edge of the roadway, as the case may be; m. “Implement of Husbandry” means a tractor designed and used for agricultural purposes, or a Vehicle designed and adapted exclusively for agricultural, horticultural, aquacultural or livestock raising operations; n. “Maximum Allowable Weight” means the weight that may be borne by a commercial Vehicle; o. “Motor Vehicle” means a Vehicle propelled by any power other than muscular power, or a moped; p. “Off Highway Vehicle” means any motorized mode of transportation built for cross-country travel on land, water, snow, ice or marsh or swamp land or on other natural terrain without limiting the generality of the foregoing, includes, when specifically designed for such travel; i 4-wheel drive Vehicles, ii low pressure tire Vehicles, iii motorcycles and related 2-wheel Vehicles, iv amphibious machines, 15 2021.09.14 Adopted Council Meeting Package Bylaw No. 1800, Traffic Control Bylaw Page 3 of 15 v all-terrain Vehicles, vi miniature motor Vehicles, vii snow Vehicles, viii minibikes, and ix any other means of transportation that is propelled by any power other than muscular power or wind, but does not include motor boats, or any other Vehicle exempted from being an off Highway Vehicle by provincial regulation; q. “Owner” means the person who owns a Vehicle and includes any person renting a Vehicle or having the exclusive use of a Vehicle under a lease that has a term of more than 30 days or otherwise having the exclusive use of a Vehicle for a period of more than 30 days; r. “Park” when prohibited means allow a Vehicle (whether occupied or not) to remain standing in one place, except; i when standing temporarily for the purpose of and while actually being engaged in loading or unloading of passengers, or ii when standing in obedience to a Enforcement Officer or traffic control officer; s. “Pedestrian” means a person on foot or a person in or on a mobility aid; t. “Percentage Axle Weight” means the maximum percentage of weight that is applied to the maximum allowable weights of carrying axles to determine the weight they may bear on a Highway at the points of contact with the Highway; u. “Recreational Vehicle” means a Vehicle or Trailer that is designed, constructed and equipped, either temporarily or permanently, as a dwelling place, living abode or sleeping place. This shall include travel Trailers, fifth- wheel Trailers, motor homes, tent Trailers, van conversions, holiday trailer, and truck campers. v. “Road Allowance” means any land dedicated as a road right-of-way that has not been developed, whether or not the right-of-way is shown on a road plan registered with the Land Titles Registry; w. “Road Use Agreement” means a written understanding reached between the County and others in respect of use of Highways under the jurisdiction of Kneehill County; x. “Rubbish” means any solid or liquid material or combination thereof; including, but not limited to, i Litter, refuse, garbage, paper, packaging, containers, bottles, cans, 16 2021.09.14 Adopted Council Meeting Package Bylaw No. 1800, Traffic Control Bylaw Page 4 of 15 grain, grass, hay, straw, manure, human or animal excrement, sewage or the whole or part of an animal carcass, or ii The whole or part of any article, raw or processed material, Vehicle or machinery, or any other thing that is designated as waste in the Environmental Protection and Enhancement Act of Alberta and the regulations thereto; y. “Sidewalk” means the part of a Highway especially adapted for the use of or ordinarily used by pedestrians and includes that part of a Highway between i the curb line, or ii where there is no curb line, the edge of the roadway, z. “Track” means to allow, cause, or permit any dirt, soil, mud, gravel, sand, clay, lime, fertilizer, manure, substance or material of any nature or kind whatsoever to become loose or detached or blow, drop, spill, or fall from any Vehicle appurtenances or tires onto a Highway; and the adjacent property line, whether or not it is paved or improved; aa. “Traffic Control Device” means any temporary or permanent sign, signal, marking or device placed, marked or erected under the authority of this bylaw for the purpose of regulating, warning or guiding traffic or governing Parking; bb. “Trailer” means a Vehicle so designed that it may be attached to or drawn by a motor Vehicle or tractor. cc. “Vehicle”, other than an Off Highway Vehicle, means a device in, on or by which a person or thing may be transported or drawn on a Highway and includes a combination of Vehicles but does not include a mobility aid. SECTION 2 AUTHORITY 2.1 The CAO is hereby authorized to administer and enforce the provisions of this bylaw and may levy charges in accordance with this bylaw or as may be authorized by Council pursuant to the provisions of this bylaw. When this bylaw authorizes the County to act or gives the County a discretion, the CAO is authorized to act on behalf of the County. 2.2 Except as otherwise set out, in this bylaw, Council hereby delegates to the CAO the authority to regulate and control the use of all Highways in the County as defined in this bylaw or the Traffic Safety Act, should the Enforcement Officer have the provincial authority to do so. 2.3 The CAO is authorized to designate where any Traffic Control Device shall be placed and to arrange for the installation of such devices. SECTION 3 ROAD PROTECTION 17 2021.09.14 Adopted Council Meeting Package Bylaw No. 1800, Traffic Control Bylaw Page 5 of 15 3.1 No person shall do any act that is likely to cause or do damage to one or more of the following: a. a Highway, b. a culvert, c. a bridge, d. any public property, or e. any private property permitted by the County to be situated within a Highway or Road Allowance 3.2 No person shall do any act that is likely to cause or does cause an obstruction to be on or within one or more of the following: a. a Highway, b. a culvert, c. a bridge, d. any public property, or e. any private property permitted by the County to be situated within a Highway or Road Allowance. 3.3 Excepting 3.2, a person may apply for a temporary encroachment agreement for up to 30 days to the CAO, who may impose conditions on the temporary encroachment as part of the approval process. A temporary encroachment agreement is an understanding reached between the County and others in respect to temporary obstruction or encroachment within a Highway, for no more than 30 days, and shall not interfere with traffic or parking; 3.4 No person shall operate a Vehicle with a load that is likely to shift, slip, leak, blow off or fall off the Vehicle. 3.5 No person shall operate a Vehicle containing a load of earth, sand, or gravel on a Highway unless the container and load are covered at all times. 3.6 In the event that any part of a Vehicle, load or other materials becomes loose or detached or blows, leaks, spills or falls from any Vehicle onto a Highway, it shall be the duty of the driver of the Vehicle to forthwith take all reasonable precautions to safeguard traffic and also remove such materials from the Highway. 3.7 An Enforcement Officer may order a load or cargo being carried on a Vehicle to be properly contained before the Vehicle is allowed to proceed. 3.8 No person shall operate or move on a Highway any Vehicle, equipment, machine not equipped with rubber tires or tracks which support the weight of the Vehicle or equipment or machine while being operated or moved on a Highway unless written permission to do so has been obtained from the County. 18 2021.09.14 Adopted Council Meeting Package Bylaw No. 1800, Traffic Control Bylaw Page 6 of 15 3.9 No person shall move or cause or allow to be moved any Implement of Husbandry, machine, Off Highway Vehicle, or Vehicle if such movement is likely to cause the spread of noxious weeds or weed seeds. 3.10 For the purposed of Section 3.9, “noxious weeds” means a plant designated as such under the Weed Control Act of Alberta. 3.11 No person shall remove from a Highway any gravel, asphalt, pavement or other material used to surface a roadway. 3.12 No person shall deposit or dispose of rocks, brush, roots, twigs, branches or any other rubbish, refuse or debris in a ditch or on any portion of a Highway without written permission to do so from the County. 3.13 No person shall cause or allow oil or any chemical or any liquid to be placed on a Highway without obtaining written permission to do so from the County. 3.14 No person shall cause or allow to be deposited or disposed of on a Highway any substance or object which may be or is hazardous to a person or Vehicle. 3.15 No person shall construct an access onto or within a Highway right of way or road allowance without written permission to do so from the County. 3.16 No person shall drive, operate or permit to be driven or operated any Vehicle or equipment of any nature or kind in such a manner as to Track upon a Highway. 3.17 Any person who Tracks upon a Highway shall be liable to clean up or remove the substance or material tracked upon the Highway. 3.18 Where the driver, operator or owner of a Vehicle Tracks upon a Highway and does not comply with Section 3.17, the County may clean up or remove the substance, and the driver, operator or owner is liable for such removal costs. 3.19 Notwithstanding anything in Section 3, no person shall cause, allow or do any act that is liable to or does create an unsafe condition or a traffic hazard to exist on a Highway without written permission to do so from the County. SECTION 4 WEIGHT RESTRICTIONS AND ROAD BANS 4.1 The CAO is hereby authorized to: a. impose restrictions on the weight of Vehicles permitted on any Highway, or portion thereof, under the direction, control and management of the County; b. impose road bans on any Highway, or portion thereof, under the direction, control and management of the County; and c. establish exceptions to weight restrictions and road bans imposed in accordance with subsections a and b contained herein; and d. establish bridge locations, with the maximum allowable weight allowed on those bridges. 19 2021.09.14 Adopted Council Meeting Package Bylaw No. 1800, Traffic Control Bylaw Page 7 of 15 4.2 The CAO shall cause Traffic Control Devices to be placed along the Highway, where considered necessary, to notify operators of applicable weight restrictions and road bans. 4.3 Unless another weight restriction is established by the County, the maximum allowable weight on a Highway is the same as the maximum allowable weight specified in the Traffic Safety Act and regulations thereto. 4.4 Pursuant to this section, no person shall operate a Vehicle on a Highway contrary to the said weight restriction or road ban. 4.5 No person shall operate on a Highway a Vehicle or Vehicle and cargo which exceeds the maximum allowable weight for the Vehicle as stipulated on the certificate of registration for the Vehicle. 4.6 No person shall operate on a Highway a Vehicle or Vehicle and cargo which exceeds the maximum allowable weights for the steering axles of the Vehicle as determined in accordance with the Traffic Safety Act and regulations thereto. 4.7 No person shall operate on a Highway a Vehicle or Vehicle and cargo which exceeds the maximum percentage weight allowance for the carrying axles of the Vehicle without obtaining written permission from the County before operating the Vehicle on a Highway during a road ban. SECTION 5 RATES OF SPEED 5.1 No person shall operate a Vehicle at a rate of speed greater than eighty (80) kilometers per hour on any County Highway unless otherwise posted. 5.2 No person shall operate a Vehicle at a rate of speed greater than forty (40) kilometers per hour in a Hamlet unless otherwise posted. 5.3 The CAO has authority to prescribe where Traffic Control Devices restricting the speed of Vehicles will be placed to notify drivers of rates of speed. The speed limit on a Highway that does not bear Traffic Control Devices regarding speed limits is presumed to be eighty (80) kilometers per hour in a rural area and forty (40) kilometers per hour in a Hamlet. 5.4 The CAO is hereby authorized to fix a maximum speed limit in respect of any part of a Highway under construction, repair or in a state of repair that requires a speed limit other than the posted speed as established in Section 5.3 for the Highway. 5.5 Where speed limits are fixed pursuant to Section 5.4, the CAO shall cause to be erected along the Highway signs indicating the speed limit so prescribed. SECTION 6 PARKING 6.1 The CAO is authorized to designate and fix locations for “no parking” or “restricted parking” signs and shall set out locations, areas and times, in writing, where operators shall not Park Vehicles, or where parking is restricted to a number of minutes or hours. 20 2021.09.14 Adopted Council Meeting Package Bylaw No. 1800, Traffic Control Bylaw Page 8 of 15 6.2 No person shall Park a Vehicle in any place or area where a Traffic Control Device prohibits stopping or parking, during the time stopping or parking is prohibited, or where the Traffic Control Device restricts the parking of a Vehicle to a number of minutes or hours, in excess of the time designated on the Traffic Control Device. 6.3 Any Vehicle parked contrary to this bylaw may be towed away at the owner’s sole expense. 6.4 No person shall Park a Vehicle on any Alley unless a Traffic Control Device otherwise permits, except for the following purposes: a. the loading or unloading of goods from a Vehicle for a period not exceeding thirty (30) minutes; b. the loading or unloading of goods or passengers from a Vehicle for a period not exceeding five (5) minutes; c. the loading or unloading of a Disabled Person. 6.5 No person shall occupy any recreation Vehicle or holiday trailer as a dwelling or sleeping place at any time while it is parked on the Highway. 6.6 A Recreational Vehicle shall not be parked on a Highway within a Hamlet unless it is parked in a location completely adjoining residential property where the permission or authorization of the owner or person in possession or in control of the property has been given for such Parking. 6.7 A Recreational Vehicle parked pursuant to this section: a. shall not be parked for more than 72 consecutive hours; and b. shall be removed to an off-Highway location for at least 48 consecutive hours before it may be parked again on a Highway. 6.8 No person shall Park a Vehicle or permit a Vehicle to be parked on private property without the permission or authorization of the owner of the private property or a person having lawful possession or control of the private property. 6.9 A trailer shall not be parked upon any Highway unless the trailer is attached to a Vehicle by which it may be propelled or drawn and when so attached, the trailer shall be deemed part of the Vehicle and subject to the provisions pertaining to Vehicles. 6.10 No person shall Park or permit to be Parked, a Vehicle on any Highway for more than seventy-two (72) consecutive hours unless otherwise permitted by the CAO. 6.11 Except for emergency Vehicles, no person shall Park or stop or permit to be Parked or stopped a Vehicle on any Highway, public place or private property in a space designated as a fire lane. 6.12 No person shall Park or permit to be Parked, a Vehicle in such a manner so as to obstruct an emergency exit. 6.13 No person shall Park a Vehicle in any place designated by a Traffic Control Device as 21 2021.09.14 Adopted Council Meeting Package Bylaw No. 1800, Traffic Control Bylaw Page 9 of 15 reserved for Disabled Persons Parking zone unless the Vehicle clearly displays a placard or license plate issued or recognized by the Province of Alberta to identify a Vehicle transporting a disabled person and the Vehicle is being operated by or is being used to transport a disabled person. 6.14 No person shall Park any Vehicle on the Highway within a Hamlet when the Vehicle contains Dangerous Goods. 6.15 Section 6.14 does not apply where the Vehicle is Parked while loading or unloading the Dangerous Goods in the ordinary course of business. SECTION 7 STOP AND YIELD 7.1 The CAO is authorized to specify, in writing, the locations where Vehicles are required to stop before proceeding onto a Highway, and direct the placement of Traffic Control Devices at these locations. 7.2 The CAO is authorized to specify, in writing, the locations where Vehicles are required to yield right of way to other traffic on any Highway, and direct the placement of Traffic Control Devices at the locations. 7.3 When the said Traffic Control Devices mentioned in Sections 7.1 and 7.2 have been installed or erected at the locations designated by the CAO, the operator of a Vehicle shall comply with such Traffic Control Devices. SECTION 8 SIDEWALKS 8.1 The owner or occupant of a private parcel of land adjacent to a paved or improved Sidewalk shall remove snow and ice from that portion of the Sidewalk adjacent to the parcel so that the Sidewalk is cleared to the bare surface within forty-eight (48) hours after the snow and ice has been deposited or formed. 8.2 No person shall remove nor allow the removal of snow or ice from any paved or improved Sidewalk by causing such snow or ice to be placed upon any other portion of the paved or improved Sidewalk, other part of the Highway nor any other public place. 8.3 Where the owner or occupant of a parcel of land does not comply with Section 8.1 or 8.2, the County may remove the snow and ice, and the owner of the parcel is liable for such removal costs. 8.4 Where the owner or occupant fails to pay the expenses and costs of removal referred to in Section 8.3, such costs may be added to the tax roll of the parcel of land. SECTION 9 AGREEMENTS AND PERMITS 9.1 Compliance with the provisions of Section 3 may be waived where a person obtains written permission or enters into a road use agreement before the Highway is used in a manner contrary to one of the aforementioned sections. 9.2 A person who fails to comply with the conditions of a. an overweight or over dimensional permit issued by the Alberta 22 2021.09.14 Adopted Council Meeting Package Bylaw No. 1800, Traffic Control Bylaw Page 10 of 15 Government, b. a road use agreement, c. a road crossing agreement, d. a temporary encroachment agreement, e. permission to move an overweight or over dimensional load issued by the County, issued pursuant to Section 9.1 is guilty of an offence. 9.3 Failing to comply with the conditions of a permit or agreement issued under Subsection 9.1 renders the permit or agreement invalid and any procedure or prosecution subsequent to the violation of a condition of a permit or agreement will proceed as though the permit or agreement did not exist. 9.4 A permit, agreement or authorization mentioned in Section 9 shall be made available to an Enforcement Officer immediately upon request. 9.5 Nothing in this section shall obligate the CAO to issue any permit or approval, or sign or enter into, the said agreements. SECTION 10 OFF-HIGHWAY VEHICLES 10.1 Anyone may operate an Off-Highway Vehicle on a Highway that is maintained by the County, subject to the following conditions: a. Operators of Off-Highway Vehicles on County Highways shall travel on the extreme right-hand side of the road or in the ditch, in the same direction as the motoring public and shall travel single file at all times. b. The maximum speed at which Off-Highway Vehicles are permitted to travel on Highways is (fifty) 50 kilometers per hour. c. Operators of Off-Highway Vehicles within all Hamlets in the County shall use the Highways within the Hamlet only to leave and return to the residence by the shortest route possible. d. No person shall operate an Off-Highway Vehicle within any park, as defined in the Parks and Open Space Area Bylaw. e. No person shall operate an Off-Highway Vehicle on any Highway where signs prohibit. 10.2 For the purpose of Section 10.1 (e) the CAO is authorized to specify, in writing, the Highways where Off-Highway Vehicles may be prohibited and direct the placement of Traffic Control Devices at these locations. 10.3 No person shall operate an Off-Highway Vehicle within the limits of a Hamlet at a speed in excess of (fifteen) 15 kilometers per hour. 10.4 Drivers operating a properly registered and insured Off-Highway Vehicle are exempt 23 2021.09.14 Adopted Council Meeting Package Bylaw No. 1800, Traffic Control Bylaw Page 11 of 15 from Sections 10.1 (a) and 10.1 (b) while engaged in the controlling the movement of livestock along a road which is subject to the direction, control, and management of the County. 10.5 County maintenance Vehicles and equipment, and emergency Vehicles are exempt from Sections 10.1 (c), 10.1 (d), and 10.1 (e). SECTION 11 PENALTIES 11.1 At the discretion of an Enforcement Officer, a summons may be issued in respect of a Bylaw offence. 11.2 If a summons is issued in respect of an offence, the summons must specify the fine amount established by the Bylaw for the offence. 11.3 A person who is charged with an offence may, if a summons is issued in respect of the offence, pay the fine amount established by the Bylaw for the offence as enumerated on Appendix A attached hereto and if the amount is paid on or before the required date the person will not be prosecuted for the offence. 11.4 If a Summons is issued in respect to a Bylaw offence, the Summons may: a. specify the fine amount established by the Bylaw for the offence in accordance with Appendix A attached hereto; OR b. require a person to appear in court without the alternative of making a voluntary payment OR c. if the Summons specifies the fine amount established by the Bylaw for the offence, make a voluntary payment equal to the specified fine. 11.5 Unless otherwise specified in this Bylaw, a person who is found guilty of an offence is liable to a fine in an amount not less than that specified in the Bylaw, and not exceeding $10,000.00, and to imprisonment for not more than one year for non- payment of the fine. 11.6 If a person is found guilty of an offence, the court may, in addition to any fine or other penalty imposed, order the person to comply with this Bylaw or a license, permit or other authorization issued under this Bylaw, or a condition of any of them. 11.7 In the case of an offence that is of a continuing nature a contravention constitutes a separate offence in respect of each day or part of a day on which it continues. 11.8 A person who is found guilty of an offence is liable to the imposition of a penalty for the offence that is in addition to a fine so long as the penalty relates to a fee, cost, rate, toll or charge that is associated with the conduct that gives rise to the offence. 11.9 Any person who violates any of the provisions of this Bylaw shall be deemed to be in contravention of this Bylaw. 11.10 Any person who contravenes or allows any other person to contravene any other of the terms, conditions or provisions of this Bylaw shall be deemed to be in contravention of this Bylaw. 24 2021.09.14 Adopted Council Meeting Package Bylaw No. 1800, Traffic Control Bylaw Page 12 of 15 SECTION 12 MINIMUM AND SPECIFIED PENALTIES 12.1 The minimum and specified penalties for a violation of any provisions of this bylaw are shown in Appendix A of this bylaw. 12.2 Any penalty not listed in Appendix A will be determined by the Alberta Traffic Safety Act. SECTION 13 SEVERABILITY 13.1 If any provisions of this Bylaw are declared invalid because of any word, phrase, clause, sentence, paragraph, or section of this Bylaw, or any documents which form part of this Bylaw or an application to any person or circumstance is declared invalid, the remaining provisions shall not be affected thereby, but shall remain in force. SECTION 14 EFFECTIVE DATE AND REPEALED BYLAWS 14.1 This Bylaw comes into effect upon third reading of this Bylaw. 14.2 Bylaws 1634, 1631, 1613, 1594, 1580, 1538, 1545, 1535, 1529, 1526, 1521, 1520, 1469, 1465, 1464, 1458, 1457, 1430, 1375, 1332, 1302, 1274, 1271, 1269, and 1056 are hereby repealed on the date of final passing of this bylaw. READ a first time on this 20th of July, 2021. READ a second time on this 17th of August, 2021. READ a third time this______ of ______________, 2021. Signed this ______ of ______________, 2021. Reeve Jerry Wittstock Chief Administrative Officer Mike Haugen Date Bylaw Signed 25 2021.09.14 Adopted Council Meeting Package Bylaw No. 1800, Traffic Control Bylaw Page 13 of 15 APPENDIX A Section Offence Description 1st Offence 2nd Offence 3rd Offence Section 3 Road Protection 3.1 (a) Cause damage to a Highway $250.00 $500.00 COURT 3.1 (b) Cause damage to a culvert $250.00 $500.00 COURT 3.1 (c) Cause damage to a bridge $250.00 $500.00 COURT 3.1 (d) Cause damage to public property $250.00 $500.00 COURT 3.1 (e) Cause damage to private property on a Highway $250.00 $500.00 COURT 3.2 (a) Cause/allow an obstruction on a Highway $150.00 $300.00 COURT 3.2 (b) Cause/allow an obstruction on a culvert $150.00 $300.00 COURT 3.2 (c) Cause/allow an obstruction on a bridge $150.00 $300.00 COURT 3.2 (d) Cause/allow an obstruction on any public property $150.00 $300.00 COURT 3.2 (e) Cause/allow an obstruction on private property on a Highway $150.00 $300.00 COURT 3.4 Load or cargo likely to shift/slim/blow off/fall off $150.00 $300.00 COURT 3.5 Failure to cover load $150.00 $300.00 COURT 3.6 Failure to remove item from the Highway after it became loose or detached or blew, spilled or fell from their Vehicle $250.00 $500.00 COURT 3.8 Operate Vehicle/machine not equipped with rubber tires on the Highway $150.00 $300.00 COURT 3.9 Operate a Vehicle in such away to likely cause the spread of noxious weeds or weed seeds. $150.00 $300.00 COURT 3.11 Remove surface material from Highway $250.00 $500.00 COURT 3.12 Deposit rocks/brush/rubbish/debris in a ditch $1000.00 $2000.00 COURT 3.13 Deposit oil/chemical/liquid on Highway $500.00 $1000.00 COURT 3.14 Deposit hazardous material on Highway $500.00 $1000.00 COURT 3.15 Unlawfully construct an access on a Highway $500.00 $1000.00 COURT 3.16 Operate Vehicle or equipment in such a manner as to Track upon a Highway $250.00 $500.00 COURT 3.19 Create an unsafe condition on a Highway $250.00 $500.00 COURT Section 4 Weight Restrictions and Road Bans 26 2021.09.14 Adopted Council Meeting Package Bylaw No. 1800, Traffic Control Bylaw Page 14 of 15 4.4 Operate a vehicle contrary to said weight restriction or road ban $200.00 $300.00 COURT 4.5 Operate a Vehicle exceeding maximum allowable weight $200.00 $300.00 COURT Section Offence Description 1st Offence 2nd Offence 3rd Offence 4.6 Operate a Vehicle overweight on an axle $200.00 $300.00 COURT 4.7 Operate a Vehicle exceeding road ban weight $200.00 $300.00 COURT Section 6 Parking 6.2 Parking where prohibited by a traffic control device or in excess of the specified time limits $75.00 $150.00 COURT 6.4 Parking in an Alley $75.00 $150.00 COURT 6.5 Occupy recreation Vehicle as a dwelling or sleeping place on a Highway $100.00 $250.00 COURT 6.6 Recreational Vehicle parked on a Highway without the permission or authorization of the owner or person in possession of property. $50.00 $100.00 COURT 6.7 Recreational Vehicle parked for more than 72 hours $50.00 $100.00 COURT 6.8 Parking on personal property without the owners authorization $75.00 $150.00 COURT 6.9 Park an unattached trailer on a Highway $50.00 $100.00 COURT 6.10 Parking a Vehicle on a Highway for more than 72 hours $50.00 $100.00 COURT 6.11 Parking a Vehicle in a fire lane $250.00 $500.00 COURT 6.12 Park a Vehicle so as to obstruct an emergency exit. $250.00 $500.00 COURT 6.13 Park in Disabled Person Parking Zone or no placard or license plate indicating “disabled” $250.00 $500.00 COURT 6.14 Parking within a Hamlet while carrying Dangerous Goods $250.00 $500.00 COURT Section 8 Sidewalks 8.1 Failure to clear the snow within 48 hours of accumulation of snow or ice $50.00 $100.00 COURT 8.2 Placing snow onto a portion of a sidewalk, Highway or public place $100.00 $200.00 COURT Section 9 Agreements and Permits 9.2 (a) Fail to comply with an overweight or over dimensional permit $250.00 $500.00 COURT 9.2 (b) Fail to comply with a road use agreement $500.00 $1000.00 COURT 9.2 (c) Fail to comply with a road crossing agreement. $500.00 $1000.00 COURT 9.2 (d) Fail to comply with a temporary encroachment agreement $500.00 $1000.00 COURT 9.2 (e) Fail to comply with permissions given to move an $500.00 $1000.00 COURT 27 2021.09.14 Adopted Council Meeting Package Bylaw No. 1800, Traffic Control Bylaw Page 15 of 15 overweight or over dimensional load 9.5 Fail to provide proof of permit, agreement, or authorization $250.00 $500.00 COURT Section Offence Description 1st Offence 2nd Offence 3rd Offence Section 10 Off-Highway Vehicles 10.1 (a) Failure to drive Off-Highway Vehicle to the extreme right hand side or to ride single file or to ride in same direction as motoring public $50.00 $100.00 COURT 10.1 (b) Exceeding 50 kilometers per hour on an Off-Highway Vehicle $50.00 $100.00 COURT 10.1 (c) Failure to use shortest route to or from place of residence $50.00 $100.00 COURT 10.1 (d) Operating or driving an off-Highway Vehicle within a Park $50.00 $100.00 COURT 10.1 (e) Operating or driving an off-Highway Vehicle where prohibited by a sign $50.00 $100.00 COURT 10.3 Exceeding 15 kilometers per hour within a Hamlet $50.00 $100.00 COURT 28 2021.09.14 Adopted Council Meeting Package BYLAW No 1520 OF KNEEHILL COUNTY BEING A BYLAW OF KNEEHILL COUNTY TO CONTROL AND REGULATE THE USE OF HIGHWAYS AND PUBLIC PLACES WITHIN THE SERVICE AREAS OF KNEEHILL COUNTY, THE TRAFFIC AND PEDESTRIANS MOVING THEREON AND THE PARKING OF VEHICLES ON THE HIGHWAYS WHEREAS Sec 7 of the Municipal Government Act, R.S.A 2000 c.M 26 as amended, provides that a Council may pass bylaws with respect to the safety, health and welfare of people and the protection of people and property, and people, activities and things in on or near a Public Place or place that is open to the public AND WHEREAS Sec 13 and 14 of the Traffic Safety Act, R.S.A 2000 Chapter T 6 as amended authorizes a Council to make bylaws to regulate and control Vehicle, animal and pedestrian traffic AND WHEREAS Sec 13 and 14 of the Traffic Safety Act, RS.A 2000 Chapter T 6 as amended, provides that a municipality may regulate the operation ofOff Highway Vehicles along Highways within the municipality's care and control, AND WHEREAS Sec 13 and 14 of the Traffic Safety Act, RS.A 2000, Chapter T 6, as amended, provides that the Minister may by order in writing, authorize the council of a county or the Minister of Municipal Affairs in the case of a special area, improvement district, Municipality town or village, to increase, limit or restrict the maximum gross weight that may be borne by a tire, an axle or an axle group or any of them or the maximum gross weight that may be borne by a Vehicle or combination of Vehicles on a secondary road rural road or street, for a period or periods that the council determines AND WHEREAS Sec 13 and 14 of the Traffic Safety Act, R.S.A 2000 Chapter T 6 as amended authorizes the Council of Kneehill County to limit and restrict such gross weights on a secondary road rural road or street AND WHEREAS Sec 13 and 14 of the Traffic Safety Act, R.S.A. 2000 Chapter T 6, as amended, authorizes the Council of a County to limit and restrict such gross weights on a secondary road rural road or street; AND WHEREAS Sec 13 and 14 of the Traffic Safety Act, R.S.A 2000 Chapter T 6 as amended, provides that a local authority may make bylaws with respect to Highways under its direction control and management, designating the route and time of travel of Vehicles transporting dangerous goods prohibiting the carriage of dangerous goods, and specifying restrictions or conditions to ensure the safe transportation in or by a means of transport, safe storage and controls necessary for public safety AND WHEREAS the Minister of Transportation and Utilities (now referred to as the `Minister of Transportation"), pursuant to the Chapter T 6 Section 3 of the Public Highways Development Act R.S.A 2000 chapter P 38 may by order, designate any existing Highway as a primary Highway, and has the direction control and management of all primary Highways, NOW THEREFORE the Council of Kneehill County, in the Province of Alberta, duly assembled enacts as follows TITLE This Bylaw may be cited as the Kneehill County "Highways and Transportation Bylaw " APPLICATION 2 This Bylaw shall not apply to a) Primary Highways Page 1 of 13 Bylaw #1520 29 2021.09.14 Adopted Council Meeting Package b) Public roads within Indian Reserves pursuant to clause 9(c) of the Transportation Transitional Funding Agreement executed between Alberta Transportation formerly Alberta Transportation and Utilities) and the Municipality, DEFINITIONS In this Bylaw all words shall have the same meaning as the Traffic Safety Act, RS.A 2000 Chapter T 6, as amended, except as otherwise defined, a) "Act" means the Traffic Safety Act R.S.A 2000, Chapter T 6, as amended, b) "Administration' means the general operations of the Municipality, including all personnel financial and other related resources as permitted by the Municipal Government Act, RSA 2000 C M 26 as amended, and any successor legislation c) "Chief Administrative Officer' means the Chief Administrative Officer or designate for the Municipality and whatever subsequent title may be conferred on that officer by Council resolution or statute (otherwise knows as CAO) d) `Council' shall mean the Council of Kneehill County, e) `Crossing" means that areas used or constructed to provide access to private property from any highway and shall be all that area from the edge of roadway to the private property line, f) `Curb" means the actual curb if there is one and if there is not an actual curb in existence, shall mean the division point of Highway between that part thereof intended for the use of vehicles and that part thereof intended for the use of pedestrians g) `Dangerous Goods" means any product, substance or organism specified in or included by its nature in any of the classes listed in the Regulations under the Dangerous Good Transportation and Handling Act R.S.A 2000 c D-4, as amended, h) `Delegate' means an employee of Kneehill County appointed as a Special Constable or a Bylaw Enforcement Officer or other identified by CAO i) "Disabled Person Vehicle" means a vehicle identified as such by either an Alberta license plate starting with the letter "A" or an official placard, clearly displayed in the vehicle bearing the international symbol of the disabled j) `Heavy Vehicle" means a vehicle, with or without a load, exceeding any one of the following i) Two axles, n) Eleven (11) metres in length iii) A maximum allowable weight of 4,500 kilograms, iv) Notwithstanding the foregoing a municipal service vehicle is excluded from this definition, k) `Mobile Unit" means i) Any vacation trailer house trailer or relocatable trailer; ii) Any structure, whether ordinarily equipped with wheels or not, that is constructed or manufactured to be moved from one (1) point to another by being towed or carried and to provide living accommodation for or other use by one (1) or more persons 1) `Hazard" means a risk or danger or to expose to a risk danger or peril, m) "Highway" means the term Highway as defined in the Act and includes winter roads and ice bridges within the Municipality, n) `Holiday" means i) New Year's Day, Page 2 of 13 Bylaw #1520 30 2021.09.14 Adopted Council Meeting Package ii) Family Day (3rd Monday in February), iii) Good Friday, iv) Victoria Day (the First Monday immediately preceding the 254' day of May in each year), v) Canada Day vi) Heritage Day (the first Monday of August); vu) Labour Day (first Monday in September) viii) Thanksgiving Day (second Monday in October) when proclaimed as a holiday by the Government of Canada or the Government of the Province of Alberta, ix) Remembrance Day, x) Christmas Day, xi) Boxing Day and xii) Any civic holiday proclaimed by the Council or by the Reeve o) "Municipality' means Kneehill County p) `Operator' means the registered owner thereof or if not the registered owner, the person " Park", 'Parked', and `Parking' or any word or expression of similar connotation or import shall mean a vehicle remaining stationary in one place whether or not the vehicle is occupied excluding vehicles stationary in one place q) `Passenger Loading or Unloading Space" shall mean a space on the vehicle portion of a highway posted with a traffic control device permitting parking therein for a period necessary to load or unload passengers, provided such period is fifteen (15) minutes or less except in front of a hotel when only ten (10) minutes parking may be allowed and the traffic control device shall indicate the time or times when the space is restricted to these purposes, r) `Peace Officer' means a peace officer as defined in the Traffic Safety Act and includes a Bylaw Enforcement Officer as appointed by Council from time to time s) "Person" means any individual, corporation, society, association, partnership or firm, t) "Post" means to erect, place or mark traffic control devices u) `Primary Highway' as defined in the Public Highways Development Act, RSA 2000 Chapter P 38, v) "Public Places" means properties that are owned by the Municipality, w) "Secondary Road (Highway)" as defined in the Puhhc Highways Development Act, RSA 2000 Chapter P 38 x) Street Furniture" means every curb sidewalk pole traffic sign waste receptacle, bus bench, bus enclosure, tree, plant, grass, hydrant, fence, utility, utility service or any other property belonging to the Municipality capable of being marked, defaced or damaged, y) "Taxi Zone' means a portion of a roadway adjacent to the curb authorized and posted for the exclusive use of taxicabs or taxicab companies, z) "Track" means to allow cause or permit any dirt, soil, mud, gravel, sand, clay, lime, fertilizer, manure, substance or material of any nature or kind whatsoever to become loose or detached or blow drop spill or fall from any vehicle appurtenances or tires onto any highway or land in the vicinity of any highway, aa) `Traffic Control Device" means any authorized sign, signal, marking or device placed, marked or erected for the purpose of regulating warning or guiding traffic or pedestrian movement; bb) "Transit Vehicle" means a vehicle used for public transportation including school buses Page 3 of 13 Bylaw # 1520 31 2021.09.14 Adopted Council Meeting Package cc) `Transit Zone" means the area parallel to the curbside of the roadway and within fifteen (15) meters of either side of a transit zone sign dd) "Violation Tag' means a tag or similar documents issued by the Municipality pursuant to the Municipal Government Act, R.S.A 2000 c.M 26 as amended ee) "Violation Tag" means a tag or similar documents issued by the Municipality pursuant to the Municipal Government Act R.S.A 2000, c.M-26, as amended, ff) "Violation Ticket" means a ticket issued pursuant to Part II or Part III of the Provincial Offences Procedure Act, R.S.A 2000, c.P 34, as amended and the regulations thereunder gg) "Work Zone' means an area designated by traffic control devices as a work zone for the purpose of maintenance, construction, or repairs on or near a Highway OPERATION OF VEHICLES 4 Every person shall obey the instructions of traffic control devices unless otherwise directed by a Peace Officer or Parade Marshall during a Parade or Procession 41 No person shall stop a vehicle or permit a vehicle to be left upon any highway in such a manner to block obstruct impede or hinder traffic on the highway unless the person has been granted the authority in writing to do so by the Chief Administrative Officer or delegate, the Council or by Statute, and then only in strict compliance with the authority granted 4.2 Notwithstanding Section 4 1 where the obstruction caused by a vehicle is unavoidable due to mechanical failure, the person will not be in breach of Section 4 1, provided the person promptly takes measures to remove such vehicles from the highway 4.3 Notwithstanding any other provision of this Bylaw where a transit vehicle is stopped at or has approached within ten (10) meters of an intersection and has indicated by signal that the driver intends to turn right at such intersection then the driver of a vehicle traveling in the same direction shall not overtake or pass to the right of such transit vehicles 44 No person shall pass or attempt to pass another vehicle traveling in the same direction while on a bridge 4.5 No person shall drive on or over a hose, line or similar equipment of the municipal Fire Department which has been placed on a roadway, except where the express consent of an official of the municipal Fire Department has been obtained. 4.6 No person shall drive or walk on or over newly installed thermal inlay painted line epoxy, or other material, on any roadway where a work zone is posted SPEED No person shall operate a vehicle greater than eighty (80) kilometers per hour on any County roadway unless otherwise posted 5 1 On any day in which school is held, no person shall operate a vehicle within a school zone or at any rate of speed greater than thirty (30) kilometers per hour between the hours of 08.00 and 16.00 5.2 No person shall operate a vehicle within a playground zone at any rate of speed greater than thirty (30) kilometers per hour between the hours of 08.30 to one hour after sunset. 5. 3 No person shall operate a vehicle in excess of the posted maximum speed within the Municipality Page 4 of 13 Bylaw 41520 32 2021.09.14 Adopted Council Meeting Package PARKING 6 No person shall park or permit a vehicle to be parked on a highway contrary to a traffic control device or in a manner that impedes the flow of traffic 61 Any vehicle parked contrary to this Bylaw may be towed away at the owner s sole expense 6.2 No person shall park a vehicle on any alley unless a traffic control device otherwise permits, except for the following purposes a) The loading or unloading of goods from a commercial vehicle for a period not exceeding thirty (30) minutes b) The loading or unloading of goods or passengers from a vehicle other than a commercial vehicle for a period not exceeding five (5) minutes c) The loading or unloading of a handicap person 6.3 Notwithstanding Subsections 6.2 (a) and (b) above, no person, while loading or unloading passengers or goods, shall park in such a manner as may obstruct the passage of other vehicles along the alley 6.4 No person shall park a vehicle or permit a vehicle to be parked on private property without the permission or authorization of the owner of the private property or a person having lawful possession or control of the private property 6.5 No person shall park a vehicle or permit a vehicle to be parked on any land owned by the Municipality which the Municipality uses or permits to be used as a playground recreation area utility lot or public park, except in such areas designated or posted for parking 6.6 No person shall park a vehicle or permit a vehicle to be parked in any parking lot owned by the Municipality in contravention of a traffic control device posted in the said parking lot 67 No person shall park or permit to be parked, any trailer upon any highway unless the said trailer is attached to a vehicle by which it may be propelled or drawn and when so attached, the trailer shall be deemed part of the vehicle and subject to the provisions pertaining to vehicles 68 No person shall occupy or permit any other person to occupy a mobile unit upon a Highway or upon municipal property unless such property has been designated for use as a mobile unit park 6.9 No person shall park or permit to be parked a vehicle on any highway for more than seventy two (72) consecutive hours unless otherwise permitted by the Chief Administrative Officer or delegate in writing 6 10 Except for emergency vehicles, no person shall park or stop or permit to be parked or stopped a vehicle on any highway public place or private property in space posted as a fire lane 611 Nothing in this part shall be construed as to allow parking contrary to any other provision of this Bylaw 612 No person shall park or permit to be parked, a vehicle on any highway or on private land in space posted for disabled persons parking unless such vehicle is designated as a disabled persons vehicle 6 13 No person shall park or permit to be parked, a vehicle in such a manner so as to obstruct an emergency exit Page 5 of 13 Bylaw #1520 33 2021.09.14 Adopted Council Meeting Package 614 A person shall not park or stand a vehicle or permit such vehicle to remain parked in such a manner as to interfere with the proper operation of any vehicle used by the Fire Department or any other emergency vehicle 6 15 Any vehicle parked contrary to Section 6 14 may be towed away at the owner's expense SPECIAL CLASSES OF VEHICLES No person shall a) Park, or permit to be parked, a vehicle on a highway where that vehicle contains dangerous goods, b) Park or permit to be parked a vehicle within 15 meters of any building where that vehicle contains dangerous goods 71 Section 7 above does not apply where the vehicle is parked while loading or unloading the dangerous goods in the ordinary course of business 72 No person shall operate a vehicle or trailer or combination thereof on a highway under the direction, control and management of the Municipality other than in accordance with the weight and load limitations as specified in the Traffic Safety Act and the Regulations there under, as amended 73 Notwithstanding Section 7 2 above, Chief Administrative Officer or delegate may a) Issue a single trip or an open permit to an applicant for any number of trips and for such a period of time as he deems advisable, with permit conditions applied describing routing, time of day or other restrictions as deemed necessary for the safe movement of the load or loads, b) Issue a permit to an applicant who telephones or provides by telegram or facsimile transmission, the information required for a permit 74 No person shall operate a vehicle in respect of which an overload or over -dimensional permit is issued pursuant to the Traffic Safety Act on a highway under the direction, control and management of the Municipality unless a) the Chief Administrative Officer or delegate has given approval b) the owner, operator driver or mover of the vehicle shall agree to be responsible for all damages which may be caused to the highway by reason of driving operating or moving of any such vehicle upon the highway, and c) if requested by the Chief Administrative Officer or delegate, the owner, operator driver, or mover of the vehicle posts a bond sufficient to cover the cost of repairing possible damages to the highway landscaping and street furniture in an amount satisfactory to the Municipality 75 In case of any dispute arising as to the weight of any vehicle the same shall be weighed upon a certified scale (or portable scale by agreement) and the weighing of the vehicle shall be deemed to be conclusive 76 Unless a permit to do so has been issued by the Chief Administrative Officer or delegate, no person shall operate on a highway a) A vehicle or trailer having metal spikes, lugs, cleats or bands projecting from the surface of the wheel or tire on such vehicle b) Any vehicle or trailer having skids or tracks 77 No person shall engage a vehicle's engine retarder brakes where posted in the Municipality Page 6 of 13 Bylaw # 1520 34 2021.09.14 Adopted Council Meeting Package TRUCK ROUTES 8 A person who holds a permit shall be responsible for all costs and expenses incurred by the Municipality for the repair of any curb stops valves hydrants, sidewalks, curbs, pavement, landscaping and any other such appurtenances to highways resulting from hauls made pursuant to any permits issued under this Bylaw 8 1 The Chief Administrative Officer or delegate may, at their discretion cancel or suspend a permit without notice, and may consider factors including, but not limited to weather environmental hazards, and vehicular traffic 8.2 The Chief Administrative Officer or delegate has authority to a)Prohibit the use on a highway by a heavy vehicle or by a class or classes thereof, for a period or periods that the C#ief .:;.';;;; I determines b) Limit or restrict the speed of a heavy vehicle or of a class or classes thereof v 1 ^ using a highway for a period or periods that the Chwf t ra i Oou W ! I delegate determines, and c) Increase, limit or restrict the maximum gross weight that may be borne by a heavy vehicle or combination of vehicles on a highway for a period or periods that+determines C_ d -UO C 1 AUTHORITY OF THE CHIEF ADMINISTRATIVE OFFICER 9 The Chief Administrative Officer or delegate is hereby delegated the authority to prescribe where traffic control devices are to be posted including, but not limited to traffic control devices restricting the speed of vehicles 91 The Chief Administrative Officer or delegate is hereby authorized to designate any highway for through traffic purposes Such highway shall be properly posted if stop signs or yield signs are erected at all intersections of such highways 9.2 The posting of traffic control devices by the Chief Administrative Officer or delegate is hereby deemed to be made pursuant to this Bylaw 9.3 The Chief Administrative Officer or delegate is hereby authorized to designate crosswalks upon any highway and to cause the same to be posted 9.4 The Chief Administrative Officer or delegate is hereby authorized to designate any highway intersection or other place on a highway as a place at which no left hand turn or no right hand turn or both shall be made and shall cause the same to be posted 9.5 The Chief Administrative Officer or delegate is hereby authorized to designate any intersection or other place on a highway, including but not limited to where a railway right -of way crosses a highway as a place where U turns are prohibited and shall cause the same to be posted 96 The Council may designate a highway or any portion thereof, for one way traffic only and instruct the Chief Administrative Officer or delegate to cause the same to be posted 97 The Chief Administrative Officer or delegate is hereby authorized to designate school zones and playground zones and shall cause the same to be posted 98 The Chief Administrative Officer or delegate is hereby authorized to designate transit zones and shall cause the same to be posted 99 The Chief Administrative Officer or delegate is hereby authorized to designate any highway upon which no parking is permitted and to cause the same to be posted Page 7 of 13 Bylaw #1520 35 2021.09.14 Adopted Council Meeting Package 9 10 The Chief Administrative Officer or delegate is hereby authorized to designate a portion of a highway or public place where parking is limited or prohibited to a period of time or wholly prohibited, or prohibited to a class or classes of vehicles or both, and to cause the same to be posted 911 The Chief Administrative Officer or delegate is hereby authorized to designate the non standard distance a vehicle may be parked from an intersection and cause the same to be posted 912 The Chief Administrative Officer or delegate is hereby authorized to designate truck routes or dangerous goods routes as approved by the Council and cause the same to be posted 913 The Chief Administrative Officer or delegate is hereby authorized to impose limitations or restrictions on loads traveling on highways and cause the same to be posted 914 The Chief Administrative Officer or delegate is hereby authorized to designate the maximum loading permitted on any highway or bridge and to cause the same to be posted a) The Chief Administrative Officer or delegate shall post, as the Chief Administrative Officer or delegate considers necessary to notify persons using the highway(s) of the prohibition, increase or restriction of load limitations 915 The Chief Administrative Officer or delegate is hereby authorized to issue or revoke permits on behalf of the Municipality where such permits are required under provisions of this Bylaw 916 The Chief Administrative Officer or delegate is hereby authorized to designate temporarily closure of any street, road, lane or public highway or any part thereof at any time where a construction or maintenance project on or adjacent to the highway or public place may create a hazard and shall cause the same to be posted 9 17 The Chief Administrative Officer or delegate is hereby authorized to designate mobile unit parks and shall cause the same to be posted 9 18 The Chief Administrative Officer or delegate is hereby authorized to designate public parking lots and shall cause the same to be posted PUBLIC PLACES 10 No person shall in any way damage or otherwise vandalize any street furniture on any highway, park reserve or public place 101 No person shall place, abandon, throw deposit or allow to be placed, abandoned thrown or deposited any litter which shall include but not be limited to nails, tacks, glass, crockery barbed or other wire, scrap metal bottle, paper, paper carton or other paper or any other container substance or thing on any highway or public place or from any bridge or overpass structure onto any highway public place, river or stream 10.2 In the event that any load or any portion thereof becomes loose or detached or blows, drops, spills or falls from any vehicle onto any highway it shall be the duty of the driver of the vehicle forthwith to take all reasonable precautions to safeguard traffic and also to remove such material from such highway 10.3 No person shall drive, operate or permit to be driven or operated any vehicle or equipment of any nature or kind in such a manner as to track upon a highway 104 Any person who tracks upon a highway shall be liable to clean up or remove the substance or material tracked upon the highway Page 8 of 13 Bylaw #1520 36 2021.09.14 Adopted Council Meeting Package 10.5 Except as authorized by the Chief Administrative Officer or delegate a) No person shall deface, paint, chalk, stencil or mark any highway or street furniture b) No person shall place any advertising, legend or sign of any kind upon any highway or street furniture c) No person shall post or exhibit or cause to be posted or exhibited any notice, placard bill or printing or other type of notice whatsoever upon any highway or street furniture d) No person shall remove any traffic control device or other street furniture 10.6 Except as authorized by Council no person shall encroach, place or construct any permanent object so that it encroaches or obstructs any highway, or other public place a) The Chief Administrative Officer or designate may approve temporary encroachments for up to thirty (30) days, which impose only minor controlled impact on traffic or parking with conditions including suspension of existing or imposing temporary parking restrictions 107 Any person placing or causing any obstruction to be placed in or upon any highway, curb or public place shall remove or cause the removal of such obstruction within twenty four 24) hours of being notified to do so by the Chief Administrative Officer or delegate After the expiration of the said twenty four (24) hours the Chief Administrative Officer or delegate shall remove or cause the removal of such obstruction 10.8 Except as authorized by the Chief Administrative Officer or delegate no person shall break tear or remove any planking pavement sidewalk, curbing, concrete, cement or other road surface nor make any excavations in or under any street lane, park or public place in the Municipality without first obtaining a Utility Installation/Street Occupancy Permit issued by the Chief Administrative Officer or delegate 10.9 Every person who obtains a Utility Installation/Street Occupancy Permit shall comply with all terms and conditions of the Utility Installation/Street Occupancy Permit 10 10 The Chief Administrative Officer or delegate may establish and levy service charges for any work done by the Municipality or its agents as a requirement under the Utility Installation/Street Occupancy Permit, except to recover costs for permit administration and inspection 1011 The owner, assessed owner tenant or occupant of any land adjoining any highway or public place in the Municipality shall cause all trees shrubs and bushes which overhang the highway or public place to be properly trimmed, and cut back so as to prevent the obstruction of pedestrians or vehicles and/or the interference with good visibility for safe traffic flow 10 12 Any person who fails to comply with Section 10 11 shall be given notice in writing by the Chief Administrative Officer or delegate If the trees or shrubs are not removed as directed within twenty four (72) hours after being served notice, the Municipality may have out said work carried out 10 13 No person being the owner occupant or tenant of any lands or premises shall fail to remove snow or ice from a Municipality sidewalk abutting on the front or flank of their property within forty eight (48) hours of snow or ice accumulation 1014 Where a person being the owner, occupant or tenant of any lands or premises fails or neglects to comply with direction given by the Municipality under this Part in addition to any other remedy available for non compliance with this Part, the Municipality may cause the identified repairs or removal to be completed. The cost thereof shall be paid to the Municipality upon demand Failing payment such cost shall be added to the tax roll of the property Page 9 of 13 Bylaw 41520 37 2021.09.14 Adopted Council Meeting Package 10 15 No person shall remove dirt debris or any other material from any sidewalk by causing such material to be placed upon any other portion of the highway or other public place 10 16 No person shall place, or permit to be placed any snow, ice, dirt, debris or other material removed from private property onto the highways or other public places of the Municipality except as authorized in writing by the Chief Administrative Officer or delegate 10 17 No person shall play on any street or lane within the Municipality 10 18 No person shall drive or operate a motor vehicle on or across any boulevard, park utility lot, utility right-of-way or other publicly owned lands not designated for vehicular use, without the permission of the Chief Administrative Officer or delegate 10 19 No person responsible for the delivery of construction materials or who is responsible for a construction site shall permit materials delivered to the site to remain on a roadway or sidewalk beyond the end of the workday OFFENCES AND POWERS OF PEACE OFFICERS 11 Any person who contravenes any provision of this Bylaw is guilty of an offence and is liable upon conviction to a minimum and specified fine as set out in Schedule A attached hereto and forming part of this Bylaw If there is no specific fine listed in Schedule A for a particular offence, the minimum specified fine shall be $100.00 11 1 A peace officer is hereby authorized to remove or cause to be removed, any vehicle or trailer - a) parked in contravention of a provision of this Bylaw- or b) where emergency conditions require that the vehicle or trailer be removed 112 Any vehicle or trailer removed pursuant to Section 11 1 above may be moved to a) a nearby highway, or b) a place designated by the Municipality where it will remain impounded until claimed by the owner 113 No impounded vehicle or trailer shall be released to its owner or their agent until the removal and impounding charges have been paid 114 All charges for removal and impounding shall be in addition to any fine or penalty imposed in respect of any such violation or to any payment made in lieu of prosecution as provided for in this Bylaw 115 In order to determine the time which a vehicle has been parked in a location where parking is restricted to a specific time, a peace officer may place a chalk mark on the tread face of the tire of a parked or stopped vehicle without the peace officer or the Municipality incurring any liability relating thereto 11 6 A peace officer is hereby authorized and empowered to issue a violation tag to any person who the peace officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw 11 7 A peace officer is hereby authorized to deploy speed measurement devices including Doppler radar, laser speed measurement device and vehicle clocking methods, for the purpose of determining the speed of moving motor vehicles 11 8 A violation tag may be issued to such person a) personally, b) by mailing a copy to such person at their last known post office address, Page 10 of 13 Bylaw #1520 38 2021.09.14 Adopted Council Meeting Package c) by leaving it for the defendant at their residence with a person on the premises who appears to be at least 18 years of age, and d) attached or left upon the vehicle in respect to which the offence is alleged to have been committed 119 Where a contravention of this Bylaw is of a continuing nature, further violation tags may be issued by a peace officer 11 10 Nothing in this Bylaw shall prevent a peace officer from immediately issuing a violation ticket 11 11 In those cases where a violation tag has been issued and if the minimum specified penalty on the violation tag has not been paid within the prescribed time then a peace officer is hereby authorized to issue a violation ticket pursuant to Part II or Part III of the Provincial Offences Procedure Act to any person who the peace officer has reasonable grounds to believe has contravened any provision of the Bylaw 11 12 Notwithstanding any provision of this Bylaw a peace officer is hereby authorized and empowered to immediately issue a violation ticket pursuant to Part II of the Provincial Offences Procedure Act, to any person who the peace officer has reasonable grounds to believe has contravened any provision of this Bylaw 11 13 Any person to whom a violation ticket has been issued may make a voluntary payment in respect of the violation ticket by delivering the violation ticket along with an amount equal to that specified for the offence as set out in this Bylaw, to the Provincial Court office specified on the violation ticket 11 14 The violation tag shall be in form approved by the Chief Administrative Officer MISCELLANEOUS 12 No person shall be upon the roadway on roller skates in line skates, skateboard, riding on a coaster sled, skis, toy vehicle tricycle or a similar device except while crossing such roadway at a crosswalk or intersection 12 1 Section 15 does not apply to a person riding a bicycle 12.2 A person riding a bicycle on any sidewalk, footpath or walkway where pedestrians are also allowed, shall ride the bicycle only in such a way that it will not interfere with a pedestrian lawfully on or using the said sidewalk footpath or walkway and shall at all times obey all Traffic Control Devices 12.3 No person traveling on a bicycle shall cling to or attach to a vehicle on a roadway 124 No person shall drive or operate a vehicle on a roadway having in tow any of the vehicles or devices referred to in Sections 12 12.5 No person shall park or permit to be parked any vehicle on any highway for the purposes of effecting repairs to the vehicle, excepting only to effect emergency repairs in the case of a breakdown not allowing a vehicle to be moved 12.6 No person shall park or permit to be parked on any highway any non operative motor vehicle 127 Section 12.5 does not apply to a vehicle which has been parked because of a breakdown or other emergency if the person in charge or control of the vehicle can establish that he has taken immediate action to arrange for the removal of the vehicle forthwith Page 11 of 13 Bylaw #1520 39 2021.09.14 Adopted Council Meeting Package MINIMUM AND SPECIFIED PENALTIES 13 The minimum and specified penalties for a violation of any provision of this Bylaw are shown in Schedule A of this Bylaw SEVERABILITY 14 Each provision of this Bylaw is independent of all other provisions If any such provision is declared invalid by a Court of competent jurisdiction, all other provisions of this Bylaw will remain valid and enforceable STRICT LIABILITY OFFENCE 15 It is the intention of Council that all offences created by this Bylaw be interpreted to be strict liability EFFECTIVE DATE 16 This Bylaw comes into effect upon the date of its third and final reading READING BY COUNCIL COUNCILLOR HOPPINS moved first reading of Bylaw #1520 on September 13, 2005 CABBIE Reeve / Chie dmmistrative Officer COUNCILLOR HOLS WORTH moved second reading of Bylaw # 1520 on September 13, 2005 CARRIED Reeve / Chief mmistrahve Officer COUNCILLOR HOLSWORTH moved third reading of Bylaw #1520 on September 27 2005 CARRIED Reeve Chief Immistrative Officer Page 12 of 13 Bylaw # 1520 40 2021.09.14 Adopted Council Meeting Package SCHEDULE A PENALTIES AND FINES SECTION NO PAGE # OFFENSE FINE ($1 41 4 Obstructing traffic without authority 100.00 4.3 4 Passing transit buses on right contrary to buses turn signal 100 00 4.4 4 Passing vehicles going the same direction on bridge 100.00 4.5 4 Drive on or over equipment of municipal fire department 10000 46 4 Driving or walking over thermal inlay or painted line in posted `Work Zone' 150.00 5 4 speed violations as per Traffic Safety Act schedule less 15% surcharge 6 5 park on a highway contrary to a traffic control device or in a manner that impedes the flow of traffic 100.00 6.2 5 Parking a vehicle on any Alley 5000 6.4 5 Parking a vehicle on Private Property 50.00 6.5 5 Parking a vehicle on Municipal Property 50.00 6.6 5 Parking vehicle contrary to prohibitions posted at a Municipal Parking Lot 50.00 67 5 Parking an Unattached Trailer on Highway 50.00 6.8 5 Occupancy of Mobile Unit on Highway or Municipal Property 10000 610 5 Parking in a posted "Fire Lane' 100.00 612 5 Parking vehicle in stall posted for a Disabled Person(s) Vehicle 500.00 613 5 Parking vehicle in an "Emergency Exit" 10000 614 6 Parking in the entrance to Fire Hall and/or Ambulance 100.00 72 6 Overweight vehicles $500.00/1000kg 77 6 Use of engine retarder brakes near residential property 15000 8 7 Violation of provisions of route permit 150.00 10 8 Damage to any street furniture 200.00+ Replacement cost 10 1 8 Littering Min 500.00+ clean up cost 10.3 8 Tracking onto Municipality streets or land Min 500.00+ clean up cost 10 5(a) 9 Defacing highway or street furniture Min 50000+ Repair cost 10.5 (b),(c) 9 Advertise or post upon street furniture 150.00 10.5(d) 9 Remove any traffic control device or other street furniture 500.00 10.6 9 Place or construct encroachments or obstruction to Min 500.00 + highway or public place Repair cost 10.8 9 Operating without excavation permit Min 500.00 + Rehab cost 1011 9 Plants Overhanging Highway 10000 10 13 9 Failure to clean sidewalk 100.00 12.5 11 Repairing vehicles on roadway 100.00 12.6 11 Non operative motor vehicle parked on highway 10000 Page 13 of 13 Bylaw #1520 41 2021.09.14 Adopted Council Meeting Package BYLAW No 1529 OF KNEEHILL COUNTY BEING A BYLAW OF KNEEHILL COUNTY TO AMEND BYLAW #1520, WHICH REGULATES AND CONTROLS THE USE OF HIGHWAYS AND PUBLIC PLACES WITHIN THE SERVICE AREAS OF KNEEHILL COUNTY, THE TRAFFIC AND PEDESTRIANS MOVING THEREON AND THE PARKING OF VEHICLES ON THE HIGHWAYS, BY REPLACING SCHEDULE "A", PENALTIES AND FINES. WHEREAS Sec 7 of the Municipal Government Act R.S.A. 2000 c.M 26 as amended, provides that a Council may pass bylaws with respect to the safety, health and welfare of people and the protection of people and property and people, activities and things, in, on or near a Public Place or place that is open to the public, AND WHEREAS Sec 13 and 14 of the Traffic Safety Act RS.A 2000 Chapter T 6 as amended authorizes a Council to make bylaws to regulate and control Vehicle, animal and pedestrian traffic, AND WHEREAS Sec 13 and 14 of the Traffic Safety Act R.S.A 2000 Chapter T 6, as amended provides that a municipality may regulate the operation ofOff Highway Vehicles along Highways within the municipality's care and control AND WHEREAS Sec 13 and 14 of the Traffic Safety Act RS.A 2000 Chapter T 6, as amended, provides that the Minister may, by order to writing authorize the council of a county or the Minister of Municipal Affairs in the case of a special area, improvement district, Municipality, town or village, to increase, limit or restrict the maximum gross weight that may be borne by a tire an axle or an axle group, or any of them, or the maximum gross weight that may be borne by a Vehicle or combination of Vehicles on a secondary road rural road or street, for a period or periods that the council determines, AND WHEREAS Sec 13 and 14 of the Traffic Safety Act, RS.A. 2000 Chapter T 6 as amended, authorizes the Council of Kneehill County to limit and restrict such gross weights on a secondary road, rural road or street, AND WHEREAS Sec 13 and 14 of the Traffic Safety Act RS.A 2000 Chapter T 6, as amended authorizes the Council of a County to limit and restrict such gross weights on a secondary road, rural road or street, AND WHEREAS Sec 13 and 14 of the Traffic Safety Act, RS.A. 2000 Chapter T 6, as amended provides that a local authority may make bylaws with respect to Highways under its direction, control and management, designating the route and time of travel of Vehicles transporting dangerous goods, prohibiting the carriage of dangerous goods, and specifying restrictions or conditions to ensure the safe transportation in or by a means of transport, safe storage and controls necessary for public safety, AND WHEREAS the Minister of Transportation and Utilities (now referred to as the "Minister of Transportation"), pursuant to the Chapter T 6 Section 3 of the Public Highways Development Act R.S.A 2000 chapter P 38, may by order designate any existing Highway as a primary Highway and has the direction, control and management of all primary Highways, NOW THEREFORE the Council of Kneehill County, in the Province of Alberta, duly assembled, enacts as follows READING BY COUNCIL COUNCILLOR CRAWFORD Page 1 of 4 Bylaw moved first reading of Bylaw #1529 on December 13, 2005 C ED Rewe 42 2021.09.14 Adopted Council Meeting Package COUNCILLOR KNIEVEL COUNCILLOR CALHOUN COUNCILLOR WITTSTOCK Page 2 of 4 Bylaw we.L Ch' Admmistrative Officer mov second reading of Bylaw #1529 on CARRIED dee vv NAa i f Administrative Officer moved consideration for third reading of Bylaw 41529 CARRIED UNANIMOUSLY Reeve X Ch'e Administrative Officer moved third reading of Bylaw #1529 on Reeve 02 a -L Cl Tministrative Officer 43 2021.09.14 Adopted Council Meeting Package SCHEDULE A SCHEDULE A PENALTIES AND FINES PENALTIES AND FINES SECTION NO PAGE # OFFENSE FINE ($) 41 5 Obstructing traffic without authority 100 4.3 5 Passing transit buses on right contrary to buses turn signal 100 44 5 Passing vehicles going the same direction on bridge 100 4.5 4 Drive on or over equipment of municipal fire department 300+ Repair cost 46 5 Driving or walking over thermal inlay or painted line in posted "Work Zone" 150 5 5 speed violations as per Traffic Safety Act schedule less 15% surcharge 6 6 park on a highway contrary to a traffic control device or in a manner that impedes the flow of traffic 100 6.2 6 Parking a vehicle on any Alley 50 6.4 6 Parking a vehicle on Private Property 50 6.5 6 Parking a vehicle on Municipal Property 50 6.6 6 Parking vehicle contrary to prohibitions posted at a Municipal Parking Lot 50 67 6 Parking an Unattached Trailer on Highway 50 6.8 6 Occupancy of Mobile Unit on Highway or Municipal Property 100 610 6 Parking in a posted "Fire Lane" 250 6 12 7 Parking vehicle in stall posted for a Disabled Person(s) Vehicle 500 6 13 7 Parking vehicle in an "Emergency Exit' 250 6 14 7 Parking in the entrance to Fire Hall and/or Ambulance 250 72 7 Overweight vehicles 50/100kg 7 6 a. 8 vehicle or trailer having metal spikes, lugs, cleats, or bands projecting from the surface of the wheel or tire 350 7 6 b 8 vehicle or trailer having skids or tracks on highway 350 77 8 Use of engine retarder brakes near residential property 150 8 8 Violation of provisions of route permit 250 10 9 Damage to any street furniture 500+ Replacement cost 101 9 Littering Min $500+ clean up cost 10.3 9 Tracking onto Municipality streets or land Min $500+ clean up cost Page 3 of 4 Bylaw 44-62 i i 6",,l 44 2021.09.14 Adopted Council Meeting Package 10.5(a) 10 Defacing highway or street furniture Min $500+ Repair cost 10.5 (b),(c) 10 Advertise or post upon street furniture 150 10 5(d) 10 Remove any traffic control device or other street furniture 500 10.6 10 Place or construct encroachments or obstruction to Min $500+ highway or public place Repair cost 108 10 Operating without excavation permit Min $500+ Rehab cost 1011 10 Plants Overhanging Highway 100 1013 11 Failure to clean sidewalk 100 12.5 13 Repairing vehicles on roadway 100 12.6 13 Non operative motor vehicle parked on highway 100 Page 4 of 4 Bylaw 91-5 153- 45 2021.09.14 Adopted Council Meeting Package BYLAW No 1545 KNEEHILL COUNTY BEING A BYLAW OF KNEEHILL COUNTY TO AMEND BYLAW #1520, WHICH REGULATES AND CONTROLS THE USE OF HIGHWAYS AND PUBLIC PLACES WITHIN THE SERVICE AREAS OF KNEEHILL COUNTY, THE TRAFFIC AND PEDESTRIANS MOVING THEREON AND THE PARKING OF VEHICLES ON THE HIGHWAYS WHEREAS it is deemed necessary and expedient to amend Bylaw #1520 in the manner herinafter appearing NOW THEREFORE, the Council of Kneehill County in the Province of Alberta, duly assembled and under the powers conferred upon it by the Municipal Government Act, RSA 2000, Chapter M 26, and amendments there to enacts as follows NOW THEREFORE, the Council of Kneehill County, in the Province of Alberta., duly assembled amends as follows TRUCK ROUTES 8.2 The Council of Kneehill County has authority by resolution to a) Prohibit the use on a highway by a heavy vehicle or by a class or classes thereof, for a period or period that Council determines, b) Limit or restrict the speed of a heavy vehicle or of a class or classes thereof, using a highway for a period or periods that the Council determines, and c) Increase, limit or restrict the maximum gross weight that may be borne by a heavy vehicle or combination of vehicles on a highway for a period or periods that Council determines The remainder of Bylaw #1520 and amendments thereto is hereby confirmed COUNCILLOR CALHOUN moved first reading of Bylaw #1545 on August 15, 2006 CARRIED COUNCILLOR KNIEVEL moved second reading of Bylaw #1545 on September 26, 2006 CARRIED COUNCILLOR HOPPINS moved third reading of Bylaw #1545 on September 26 2006 CARRIED Reeve Chief Administrative Officer Page 1 of 1 Bylaw #1545 46 2021.09.14 Adopted Council Meeting Package REQUEST FOR DECISION AGENDA ITEM # 6.1 Page 1 of 2 Version: 2020-02 Subject: Pine Cliff Energy Ltd. Tax Deferral Agreement Request Meeting Date: Tuesday, September 14, 2021 Prepared By: Caroline Siverson, Property Tax Officer Presented By: Caroline Siverson, Property Tax Officer Link to Strat Plan: Level of Service Recommended Motion: That Council agree to entering a Tax Deferral Payment Agreement with Pine Cliff Energy Ltd. for the payment of 2021 taxes over a 6 month payment plan, from October 31, 2021 to March 31, 2022, and no penalties to be assessed. Background/ Proposal Pine Cliff Energy Ltd. has approached Kneehill County regarding a Tax Deferral Payment Agreement payment schedule for the 2021 taxes outstanding. They would like to enter into a 6 month agreement for equal monthly installments, and not be charged any late penalties. Discussion/ Options/ Benefits/ Disadvantages: Council has authorized a Tax Penalty Bylaw that provides for penalties on the 1st of November for current taxes and on the first of each month thereafter for all tax arrears at a rate of 2%. In order to assist companies during this difficult economic time, Council has been pro-active in utilizing the tools as allowed by the Municipal Government Act during the last two years. The intent has been to minimize the delinquencies in payment of the annual taxes by providing time to pay without penalty. We have been very successful with collections and we have a good customer looking for a shorter pre- payment period to get through this year and then be back on schedule for 2022 taxes. Pine Cliff has been approved for Tax Deferral Payment Agreements for the 2019 and 2020 taxes previously. They have been an excellent customer with payments coming in on time each month. The 2020 taxes will be paid in full on September 30, 2021. Pine Cliff expects its cash flow to increase over the coming months and have asked for a 6 month extension to pay the 2021 taxes with full payment made by March 31, 2022. At this time, they anticipate full payment of their 2022 by the due date of October 31, 2022. In addition, Pine Cliff has acquired delinquent assets as well and will be paying a pro-rated 2020 levy from the acquisition date and the full 2021 levies. They are a company that is still growing and will be a benefit to the area for the years to come. Our other clients currently on Tax Deferral Agreements are also doing well with their monthly payments and we have been advised by some that their intention is to pay their 2021 levies by the due date this year. 47 2021.09.14 Adopted Council Meeting Package REQUEST FOR DECISION AGENDA ITEM # 6.1 Page 2 of 2 Version: 2020-01 Financial Implications: The payments made in 2021 would cover Pine Cliff’s portion of all County requisitions that are required to be made to third parties – Province & Senior Housing. This would not create a negative budget variance since the budget for tax penalties was established at a very conservative level. Council Options: 1. To accept the request for a Tax Deferral Agreement 2. To deny the request for a Tax Deferral Agreement 3. Request 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: Letter from Pine Cliff Energy, dated August 17 Follow-up Actions: Director Approval: Bill McKennan, Director of Corporate Services CAO Approval: Mike Haugen, Chief Administrative Officer 48 2021.09.14 Adopted Council Meeting Package Suite 850, 1015 – 4th Street SW, Calgary, Alberta T2R 1J4 │TEL 403.269.2289 │FX 587-393-1693 August 17, 2021 Kneehill County Box 400, Three Hills, Alberta T0M 2A0 Re: Request for scheduled payments on the 2021 municipal tax levy and a proposed understanding regarding the 2022 municipal tax levy for Pine Cliff Energy Ltd. Dear Ms. Siverson: Thank you for your continued commitment to the growth and viability of our natural gas industry in Alberta and for recognizing the importance of working with producers in your municipality. We specifically appreciate the Kneehill County Council’s efforts through the last two years. As you are aware, over the last several years natural gas producers have suffered through some of the lowest natural gas prices in decades. The prices recovered in late 2020 and we are now in a position to work toward having the Kneehill County municipal tax levy paid on time, in full, in 2022. That being said we are working on payment plans with many parties to catch up on back payments. We appreciate your assistance as it has allowed Pine Cliff Energy Ltd. (“Pine Cliff”) to continue to be a viable entity and a good community partner. Pine Cliff requests to pay its 2021 municipal taxes in accordance with Schedule A (attached), while still being entitled any early pay discount and not being subject to any late payment penalties. This request lays out 6 equal monthly payments starting October 31, 2021. We are more than willing to provide you with any additional information you require and discuss other alternatives you would like to suggest. Thank you for your consideration and we look forward to working with and in the Country for many years. Sincerely, Lochlin McLellan, CPA, CMA Controller Pine Cliff Energy Ltd. W: 587.233.0518 C: 403.831.4737 lmclellan@pinecliffenergy.com ad d i t i o n t o a g e n d a 49 2021.09.14 Adopted Council Meeting Package Schedule A Pine Cliff Energy Ltd. 2021 Property Taxes due October 31, 2021: $3,479,438.96 Requested Installments: October 31, 2021 $579,907.00 November 30, 2021 579,907.00 December 31, 2021 579,907.00 January 31, 2022 579,907.00 February 28, 2022 579,907.00 March 31, 2022 579,903.96 Total installments: $3,479,438.96 ad d i t i o n t o a g e n d a 50 2021.09.14 Adopted Council Meeting Package REQUEST FOR DECISION AGENDA ITEM # 8.1 Page 1 of 2 Version: 2020-02 Subject: Community Business Investment Partnership Grant Policy Meeting Date: Tuesday, September 14, 2021 Prepared By: Jacqueline Buchanan, Economic Development Officer Presented By: Jacqueline Buchanan, Economic Development Officer Link to Strat Plan: Pursuing Focused Growth Recommended Motion: That Council approves Policy #6-1, Community Business Investment Partnership Grant Policy as presented. Background/ Proposal Community Futures (CF) Wild Rose presented the Community Business Investment Partnership at the August 17, 2021, Regular Meeting of Council Council made Motion to partner with CF to implement the loan/grant Partnership and bring the policy back for review and decision. Discussion/ Options/ Benefits/ Disadvantages: Kneehill County and CF Wild Rose will enter into a formal agreement to administer the CBIP Partnership and define the terms of the Partnership CF estimates that 1 loan over three years at $10,000.00 will accrue $789.54 in interest. Kneehill County has allocated funds in the current Economic Development budget and budget forecast to cover the costs of this grant program Approved applicants are required to repay loans within 3 years therefore budgets must account for the long-term financial projection The maximum amount of each eligible Community Futures CBIP loan is $10,000.00 and Kneehill County has capped their total annual funding amount at $30,000.00 (this will allow for a minimum of 3 loans/grants per year, more if smaller loans are approved) Financial Implications: Approved Budget: $2700.00 Council Options: 1. Council approves the “Community Business Investment Partnership Grant Policy” as presented. 2. Council approves the “Community Business Investment Partnership Grant Policy” as amended. 3. Council defers the “Community Business Investment Partnership Grant Policy” to Administration for further consideration and revision. 51 2021.09.14 Adopted Council Meeting Package REQUEST FOR DECISION AGENDA ITEM # 8.1 Page 2 of 2 Version: 2020-02 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: Community Business Investment Partnership Overview Community Business Investment Policy – Draft 4 Follow-up Actions: Sign agreement with Community Futures Wild Rose to implement the Community Business Investment Partnership Director Approval: Laurie Watt, Director Community Services CAO Approval: Mike Haugen, Chief Administrative Officer 52 2021.09.14 Adopted Council Meeting Package Community Business Investment Partnership 1. General Overview: Each year, Community Futures Wild Rose has the privilege of hearing about the good work happening across our region and are proud to be a part of growing stronger communities and a stronger economy. We are excited this year to provide a new and expanded Community Business Investment Partnership (formerly the Community Business Beatification Partnership) that will now include façade renovations and interior upgrades. We know that this investment is more than money to you, the business owner. It is a vote of confidence that says we believe in you, we value your work, your contributions to our community, and we want to be part of your future. Community Futures Wild Rose has partnered with Kneehill County because we are both invested in the success of your business. Through this partnership, the County is offering to pay the interest on your completed loan to thank you for being such an integral part of the community. Businesses can apply for up to $10,000 in funding for upgrades that will enhance the appearance and/or functionality of your business. 2. Eligibility: The Partnership provides an incentive for local business owners to invest in façade renovations and interior upgrades. Eligible improvements may include: • Signage on the front of business location • Restoration of exterior finishes and painting • Repair or replacement of storefront windows and doors • Exterior lighting of the building and signage • Removal and disposal of broken signage and fixtures • Installation and design of awnings and signs • Interior window display areas and lighting • Removal of exterior materials that cover architectural details • New architectural details such as entryway features and cornices • Creation of new retail bays in an existing building • Addition of patio areas and permanent landscaping elements • Removal of barriers to access for people with disabilities and mobility challenges • Interior painting 53 2021.09.14 Adopted Council Meeting Package • Interior flooring (carpet, laminate, tile, hardwood) • Interior counters, shelving, light fixtures and display cases • The purchase and/or update of equipment • Speciality Equipment • POS systems • E-Commerce • Designated office space upgrades ***all projects must fall within Community Future Wild Roses lending guidelines and policies 3. How the Partnership works: • Community Futures Wild Rose, in partnership with Kneehill County, are offering the Partnership. • Community Futures Wild Rose will accept applications and perform an initial pre-screening, then Project Plans are forwarded to Kneehill County which will include a project description, proof of proper permits and other verification. The County will approve/decline the grant portion of the project. • Upon approval of the project and verification of the loan approval, Community Futures Wild Rose will disburse the project funds to the applicant. • Community Futures Wild Rose will work with the recipients to confirm the completion of the project. • Upon verification of loan completion, Kneehill County will reimburse the recipient all interest paid on the loan. 4. Contact Us: To apply for the Partnership and receive loan eligibility information, contact Community Futures Wild Rose at 403-934-8888. 54 2021.09.14 Adopted Council Meeting Package POLICY Section Policy No. Page Economic Development 6-1 1 of 2 Policy Title Date: Motion No. Community Business Investment Partnership Grant Policy 35T35T 35T35T Policy Statement: Kneehill County recognizes the valuable impact that local businesses have on the economy and encourages them to expand and diversify through the Community Futures Wild Rose, Community Business Investment Partnership (CBIP). The CBIP Partnership provides loans to eligible applicants that wish to improve the appearance and/or functionality of their business. To ease the financial burden of these improvements, the Kneehill County CBIP Grant will afford approved recipients a refund of interest paid through the program. Purpose: The purpose of this policy is to outline Kneehill County’s Community Business Investment Partnership (CBIP) Grant guidelines in collaboration with Community Futures Wild Rose Community Business Investment Partnership (CBIP) Loans. Policy Guidelines: 1. Partnership Terms: 1.1. Kneehill County will enter into a written agreement with Community Futures Wild Rose to define the mutual terms of the partnership. 1.2. Loan interest will be a maximum of 5% in accordance with Community Future Wild Rose’s lending guidelines and policies. 1.3. Total Community Futures CBIP Loans will not exceed $10,000.00 per application to a maximum of $30,000.00 per annum to eligible Kneehill County businesses. 1.4. Total Kneehill County CBIP Grants will not exceed $2700.00 per annum. 1.5. Businesses may access funds more than once for staged improvements provided the first loan is repaid within Community Future Wild Rose’s lending guidelines and policies. 2. Eligibility: 2.1. In addition to obtaining lending approval from Community Futures Wild Roses, the CBIP Grant will be limited to those businesses that: a) Have obtained all necessary Kneehill County Planning and Development permits and licenses. b) Have been in business for a minimum of 1 (one) year and are deemed by Kneehill County to be in good standing. 55 2021.09.14 Adopted Council Meeting Package POLICY Section Policy No. Page Economic Development 6-1 2 of 2 Policy Title Date: Motion No. Community Business Investment Partnership Grant Policy 35T35T 35T35T 2.2. The following are not eligible for funding under this policy: a) Projects that have already been started or completed. b) Projects that do not contribute specifically to the appearance and/or functionality of the applicant business. 3. Applications: 3.1 Applications must be submitted directly to Community Futures Wild Rose for CBIP Loan consideration. 3.2 Application summaries will be submitted to Kneehill County, directly from Community Futures Wild Rose, to verify eligibility in the CBIP Grant Program. 4. Notification: 4.1 Applicants will be notified in writing of their approval or rejection of the CBIP Grant. 5. Disbursement of Funds: 5.1. Grant funds will be issued directly to approved grant recipients: a) For the amount identified by Community Futures Wild Rose as the total interest paid by the grant recipient during the term of their CBIP Loan. b) Following Kneehill County receiving notification from Community Futures Wild Rose that the corresponding loan has been paid in full within their amortization schedule. 5.2. Approved grant recipients that re-locate out of Kneehill County or cease operations during the term of their CBIP Loan will be automatically disqualified from receiving the CBIP Grant. Jerry Wittstock, Reeve Mike Haugen, CAO Approved: Review Date: Date four years from last approval date 56 2021.09.14 Adopted Council Meeting Package REQUEST FOR DECISION AGENDA ITEM # 8.2 Page 1 of 2 Version: 2020-02 Subject: Bylaw 1846- Procedural Bylaw Meeting Date: Tuesday, September 14, 2021 Prepared By: Carolyn Van der Kuil, Legislative Services Coordinator Presented By: Mike Haugen, CAO Link to Strat Plan: Providing Good Governance Recommended Motion: That Council provide second reading to Bylaw 1846, that being a bylaw for the purpose of regulating meeting proceedings for Council and Council Committee meetings. That Council provide third and final readings to Bylaw 1846. Background/ Proposal The Municipal Government Act (S. 145) provides that a municipality may pass a bylaw in relation to the procedures to be followed by Council, Council Committees and other bodies established by Council. Discussion/ Options/ Benefits/ Disadvantages: Kneehill County’s Procedural Bylaw was recently reviewed by Administration and Council at the August 17th, 2021 Council Meeting where it received first reading. The changes are summarized below. • To allow the Live Streaming of the Committee of the Whole Meetings. • To have the Committee of the Whole Package available to the public before the meeting. • To replace procedures that were removed/added to facilitate Live Streaming Council meetings to meet all regulatory requirements during COVID. • Various textual amendments are proposed to better explain and clarify. • Amendments made to the MGA Section S.197 (6)- Names are no longer required of the persons attending a closed meeting to be recorded. • Add to the Deputy Reeve role to include that they will now be Chairperson of the Committee of Whole meetings. • Have the Public Hearing Agenda Package available to Council before the public hearing, so they have enough time to review all submissions before the hearing. • Simplify the Public Hearing Process • To record the names of the people who made a verbal submission during a public hearing, and remove the part whether they were in-favour or in opposition to the proposed Bylaw. • To remove Section 21 (2) a & b which states adjournment time is no later than 4:30. There is no legislation stating a meeting can’t go passed a certain time. • All Councillors before being appointed to a Council Committee or Board, must sign a Statement of Code of Ethics and Conduct form that is attached to the adopted Councillor Code of Conduct and Ethics Bylaw. The changes that have been made to Procedure Bylaw since the last meeting are: 57 2021.09.14 Adopted Council Meeting Package REQUEST FOR DECISION AGENDA ITEM # 8.2 Page 2 of 2 Version: 2020-02 • To remove the statement that minutes of Committee of Whole meeting be included in the next Regular Council Meeting agenda. All minutes will be posted on the website after approval. • Meetings through Electronic Communications may now be available to all meetings not just Council meetings. • In a case of emergency, meetings can be conducted electronically with all members participating electronically. (all other times, the Chairperson and CAO need to be present in Council Chambers) • Council through resolution can deny the use of electronic meeting if the location is disruptive, unsecure and located in a place deemed inappropriate. • Included a phrase where all meetings may be live streamed if Council chooses, this will give Council the ability to live stream other meetings in the future without having to amend the procedural bylaw first. Financial Implications: No financial implications with these changes. Council Options: 1. To provide second and third readings to Bylaw 1846. 2. To provide second reading to Bylaw 1846. 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 Bylaw 1846 Current Bylaw 1821 Follow-up Actions: CAO Approval: Mike Haugen, Chief Administrative Officer 58 2021.09.14 Adopted Council Meeting Package BYLAW NO 1846 PROCEDURAL BYLAW A BYLAW OF KNEEHILL COUNTY, IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE OF REGULATING MEETING PROCEEDINGS FOR COUNCIL AND COUNCIL COMMITTEE MEETINGS. WHEREAS Section 145 of the Municipal Government Act, R.S.A. 2000 Chapter M-26 and amendments thereto authorizes Council to pass bylaws that regulates the procedure and conduct of Council and Council Committee meetings in order to promote orderly proceedings and to provide for open and effective government. NOW THEREFORE, the Council of Kneehill County, duly assembled, enacts as follows: PART ONE – INTRODUCTION 1. TITLE This bylaw shall be known as the “Procedural Bylaw”. 2. DEFINITIONS In this bylaw the following words and phrases mean: “Act” means the Municipal Government Act, R.S.A. 2000 Chapter M-26, any regulations thereunder, and any amendments or successor legislation thereto. “Adjourn” means to close and terminate the meeting or public hearing. “Administration” means an employee, employed by the County. “Agenda” is the list of items and orders of business for any meeting along with associated reports, policies, bylaws or other documents. “Bylaw” means a Bylaw of Kneehill County. “Chairman/Chair” means the person who has been given authority to direct the conduct of a meeting and when in attendance at a Council meeting, shall mean the Reeve or Deputy Reeve. 59 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 2 of 31 “Chief Administrative Officer (CAO)” is the administrative head of the municipality who is appointed by Council pursuant to the Municipal Government Act. “Closed Session” means a meeting of Council or Committee which is held in private without the presence of the public pursuant to Section 197 of the Municipal Government Act. “Committee” means a Council Committee, Board or other body established by Council pursuant to the Municipal Government Act. “Council” means the Reeve and Councillors, duly elected in the County and who continue to hold office. “Councillors” means a duly elected Member of Council, including the Reeve. “County” means Kneehill County. “Committee of the Whole” A Council Committee where all members of Council sits as a committee and operates under informal rules to discuss emerging matters and may recommend matters discussed be brought back to a subsequent Council meeting for action. “Council Committee” means a committee, board, or other body established by Council under Section 145-146 of the Municipal Government Act. “Deputy Reeve” is the Councillor appointed by Council to act as Reeve when the Reeve is unable to perform the duties of the Reeve or if the office of Reeve is vacant. “Electronic or other Communication Facilities” shall mean that members of Council may attend a Council or Committee meeting through electronic communications. This can include using a telephone with the use of the speaker; via personal computer, or other means of technology advances. “Emergent Business” is business that is an emergency situation that poses an immediate risk to health, life, property, environment or financial well-being of the County and calls for prompt action. “Friendly Amendment” is an amendment to a Motion under debate that is perceived by all parties as an enhancement to the original Motion. 60 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 3 of 31 “Majority” means more than half of the Members present. “Meeting” means an organizational, regular or special meeting of Council or Committee. “Member” is duly elected member of Council or a duly appointed member of a committee who continues to hold office. “Members at Large” is a member of the public appointed by Council to a Committee of Council. “Motion” is a proposal for action by Council or Committee. “Organizational Meeting” means a Meeting of Council held in accordance with Section 192 of the Municipal Government Act and Part 3 of this Bylaw. “Point of Order” is a statement from a Member to call attention to any departure from the Procedural Bylaw. “Point of Privilege” refers to all matters affecting the rights and privileges of Council collectively or any of its members individually. “Quorum” means the number of Members required for the legal conduct of the business of Council or a Committee. In the case of Meeting of Council, quorum is four (4) Members. “Recording Secretary” means the person designated to record the minutes of a Council or Committee meeting. “Regular Meetings” is a meeting of Council held in accordance with Section 193 of the Municipal Government Act. “Reeve” means the Chief Elected Official of the County within the meaning of the Municipal Government Act. “Special Meetings” is a meeting of Council held in accordance with Section 194 of the Municipal Government Act. “Statutory Public Hearing” means a public hearing required by the Municipal Government Act or other legislation. 61 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 4 of 31 “Written Consent” means to give approval or consent either by email, text message, facsimile or by signed letter. APPLICATION (1) This Bylaw shall govern Organizational Meetings, Regular Meetings, Special Meetings, and Council Committees established by Council and shall be binding upon all Committee members whether Members of Council or Members at Large. (2) When any matter relating to the meeting proceeding is not addressed in this Bylaw or in the Municipal Government Act, the matter will be determined by referring to the most recent version of “Robert’s Rules of Order Newly Revised”. (3) In the event of a conflict between the provisions of this Bylaw and Robert’s Rules of Order, the provisions of this Bylaw shall apply. (4) Notwithstanding Paragraph 3(1), where the Committee Bylaw or Terms of Reference establishes other procedures or gives the Committee the authorization to establish its own Meeting procedure, if there is a conflict between the Committee’s established Meeting procedures and this Bylaw, that Committee’s established Meeting procedure will have precedence over this Bylaw for the purposes of that Committee’s Meetings. PART TWO – ROLES 3. REEVE (1) The Reeve, when present, shall preside as Chair over all meeting of Council, unless otherwise provided for in this Bylaw. (2) shall preside over the conduct of the meeting, including the preservation of good order and decorum, ruling on points of order, replying to points of procedure and deciding all questions relating to the orderly procedure of the meeting, subject to an appeal by any Member of Council from any ruling of the Chair; (3) ensures that each Councillor who wishes to speak on a debatable Motion is granted the opportunity to do so; (4) with the permission of Council, may invite persons forward from the audience to speak if it is deemed to be within the best interests of the issue being discussed; (5) has all the same rights and is subject to the same restrictions, as to participation in debate, as all other Councillors. 4. DEPUTY REEVE (1) The Deputy Reeve chairs Council meetings when the Reeve is absent or unable to act as Reeve and shall have all the powers and responsibilities of the Reeve under this Bylaw. 62 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 5 of 31 (2) The Deputy Reeve will Chair Committee of the Whole Meetings. In the absence of the Deputy Reeve, the Reeve will assume the role of Chair. PART THREE-COUNCIL & COMMITTEE MEETINGS 5. QUORUM (1) As soon as there is a quorum of members after the time set for the meeting, the Chair will call the meeting to order. (2) If there is no quorum present within half an hour after the time set for the meeting, the Chief Administrative Officer or designate shall, record the names of the members present and the meeting shall be adjourned. (3) If the Reeve or Deputy Reeve in the case of Council or Chair and Vice Chair in the case of Committee are not in attendance within fifteen minutes after the hour appointed for a meeting, and a quorum is present the CAO or designate shall call the meeting to order and a chairman shall be chosen by the members present to preside until the arrival of the Reeve or Deputy Reeve in the case of Council or Chair or Vice Chair in the case of Committee. 6. REGULAR MEETINGS OF COUNCIL (1) Shall be held on the second and fourth Tuesday of each month provided that where a regular Council meeting falls on a holiday, the meeting shall be held on the next following day, not being a holiday or on such other day as Council decides by Motion. (2) Council may by Motion, change a regularly scheduled meeting day if necessary due to conflicting dates of other meetings or conventions Council would be attending. (3) Meetings shall take place at the Kneehill County Municipal Office or at another location within the Municipality when Notice is given. (4) Regular meetings of Council shall commence at 8:30 a.m. (5) If Council changes the date, time or place of a regularly scheduled meeting, the municipality must give at least 24 hours’ notice of the change to any Member of Council not present at the meeting at which the change was made, and to the public. (6) the CAO or designate will be responsible for posting public notice of changes to a Regular Meeting at least twenty-four (24) hours in advance by: a. Posting a notice in the foyer and on the main entrance window at Kneehill County Administration Building; b. Posting a notice on the County’s website if time permits, and 63 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 6 of 31 c. Posting a notice in the local newspaper if time permits. 7. CANCELLATION OF MEETINGS (1) A cancellation of a regular scheduled meeting must be made by resolution of Council. If Council changes the date, time or place of regularly scheduled meeting, the municipality must give at least 24 hours’ notice of the change a. To any Member of Council not present at the meeting at which the change was made; and b. To the public. 8. SPECIAL MEETINGS (1) A Special Meeting shall be scheduled when required by the Reeve or a majority of Council. (2) No less than 24-hours notice of a Special Meeting shall be provided to each Councillor and to the public. The notice shall state the time, date, place and in general terms the nature of the business to be transacted. (3) A Special Meeting may be held with less than 24 hours’ notice to all Councillors and without notice to the public if at least two-thirds of the whole Council agrees to do this in writing before the beginning of the meeting. (4) The Agenda for a Special Meeting shall be restricted to the business stated in the notice unless all Councillors are present and a Motion is passed to deal with the additional matter. 9. ORGANIZATIONAL MEETINGS (1) An Organizational Meeting shall be held no later than two weeks after the third Monday in October each year. (2) The CAO (or designate) shall fix the time, date, and place of the Organizational Meeting. (3) Agenda- At the Organizational Meeting: a. CAO or designate: i call the meeting to order; ii presides over the election of the Reeve for the ensuing one-year period; and iii administers the Oaths of Office. b. Reeve: i presides over the election of the Deputy Reeve for the ensuing one-year period. c. Council: 64 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 7 of 31 i All Councillors before being appointed to a Council Committee or Board, must sign a Statement of Code of Ethics and Conduct Form that is attached to the adopted Councillor Code of Conduct & Ethics Bylaw. ii appoints Council Committees and Board Members; iii conducts other business identified within the Organizational meeting Agenda. (4) The seating arrangements of Council shall be determined at the Organizational Meeting. The Reeve shall occupy the center seat at the head of the Council table with the Deputy Reeve occupying the position directly to the Reeve’s left. The seating positions of the remainder of Councillors shall be determined by each Councillor drawing a number between 1 and 5. Councillor seating will also be numbered from 1 through 5 as determined by the CAO or designate prior to Councillors drawing their number. The order of drawing is determined by the official Division number with Division 1 drawing first and Division 7 drawing last. In the event any Councillor is not present at the drawing, the Chief Administrative Officer, or designate, will draw for the Councillor(s) not present. (5) Nominations a. Candidates nominated for Reeve or Deputy Reeve will be announced out loud. Candidates will not be nominated by secret ballot. b. If only one nomination is received for the position of Reeve or Deputy Reeve, that nominee shall be declared elected by acclamation. c. Where there is more than one nomination for Reeve or Deputy Reeve, voting shall be done by secret ballot. d. If, on the first ballot, no one Councillor receives a clear majority of the votes, the Councillor who received the least number of votes shall be dropped from the ballot and a second ballot shall be taken. e. On subsequent ballots, a Councillor who receives the least number of votes shall be dropped from the ballot until a Councillor receives a clear majority. f. Councillors hold office from the beginning of the Organizational Meeting following the General Election until immediately before the beginning of the Organizational Meeting following the next General Election, in accordance with the Local Authorities Election Act, R.S.A. 2000 Chapter L- 21. 10. COMMITTEE OF THE WHOLE MEETINGS (1) The purpose of the Committee of the Whole is to allow Council to meet in a less formal and structured manner to: 65 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 8 of 31 a. Discuss issues of long term planning and policy development b. Discuss complex administration, finance, zoning and land development issues; and c. Consider any other matters that from time to time may require Council’s in depth consideration (2) Committee of the Whole will meet for the purposes of discussion and possible recommendation to Council. No formal decisions will be made at Committee of the Whole meetings. Recommendations of the Committee of the Whole shall be voted upon at a future Council meeting. (3) Council Committee of the Whole may make motions for the following purposes: a. for “procedural” purposes (adopting agenda and the previous Committee of the Whole minutes, and adjourning the meeting); b. to make recommendation to Council or other Council Committee’s regarding a matter discussed at the Committee of the Whole meeting; and c. to provide direction to Administration in the preparation and continued development of a matter being reviewed during the Committee of the Whole meeting. (4) Meetings of the Committee of the Whole shall be open to the public, unless the Committee moves into a closed session which complies with the MGA Section 197(2). (5) The Committee of the Whole meeting schedule shall be established by motion at the annual organization meeting or at a regular meeting following the organizational meeting, as may be appropriate. (6) Notice of Council Committee of the Whole meetings shall be posted on the County’s website. (7) The agenda will be posted on the County website the Friday prior to the Committee of the Whole meeting. (8) Regular Committee of the Whole meetings will be held at 8:30 a.m. in Council Chambers. (9) Minutes of a Committee of the Whole meeting shall be adopted by motion at the following Committee of the Whole meeting. a. After approval of the minutes, the minutes will be included into the next Regular Council Meeting Agenda under Council and Committee Reports. 11. DELEGATIONS AT COUNCIL MEETINGS (1) A member wishing to appear before Council, individually and as a group, must 66 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 9 of 31 make a written submission to the CAO (or designate) to arrive no later than 4:00 p.m. on the Wednesday immediately prior to the Council meeting. (2) Delegations are scheduled at the discretion of the CAO (or designate), subject to: a. the volume of material on any given agenda; b. the number of requests for a specific meeting date and urgency of request; or c. subject matter (3) The written submission will indicate the following information: a. complete name of the presenter(s) and contact information (i.e. Mailing address, e-mail, telephone/fax number) and the organization they are representing (if applicable); b. nature and purpose of the delegation and the material to be covered/presented; c. any PowerPoint presentation or other material to be used or presented at the meeting. (4) Presentations will be directed to the Chair and will be limited to fifteen (15) minutes with an additional ten (10) minutes for questions for clarification by members and administration. The Chair may extend the time limits as necessary. (5) Information presented by the delegation will be restricted to the topic noted in the written submission and recorded on the meeting agenda. (6) Subsequent deputations from the same individual/group concerning a topic on which they have previously presented or spoken will not be permitted unless there is significant new information to be brought forward. (7) Delegations will not be heard regarding matters involving current or pending litigation, insurance claims, matters beyond the jurisdiction of Council, or Municipal Freedom of Information and Protection of Privacy Act issues. (8) Delegations will not be permitted to speak regarding topics that will be the subject of an upcoming public meeting pursuant to the Municipal Government Act, unless exceptional circumstances apply which have been reviewed and approved by Council. Persons wishing to speak about such matters are requested to present their concerns and opinions at the scheduled public meeting where their comments can be considered along with all other submissions. 12. CLOSED SESSION (1) The Municipal Government Act permits Council or Committee to close all or part of the meeting to the public if a matter to be discussed is within one of the exceptions to disclosure contained in Division 2 Part 1 of the Freedom of 67 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 10 of 31 Information and Protection of Privacy Act. (2) Before closing all or any part of the meeting to the public, a Council or Council Committee shall pass a motion a. that includes the basis for which that part of the meeting is to be closed and; b. The related section of FOIP that applies, under the Exception to Disclosure in Division 2 of Part 1 (Section 16 to 29) or under the regulations under subsection (7) (3) When a meeting is held in closed session, no Motion or Bylaw may be passed except a Motion to revert to a meeting held in public. (4) Where a Council or Council Committee closes all or part of a meeting to the public, the Council or Council Committee may allow one or more other persons to attend, as it considers appropriate, and the minutes of the meeting must record the names of those persons and the reasons for allowing them to attend. (5) A Subdivision Authority, Development Authority or Subdivision and Development Appeal Board established under Part 17 of the Municipal Government Act may deliberate and make its decision in a meeting closed to the public. (6) Members participating in the meeting through Electronic or Other Communication Facility are not permitted to participate in closed sessions. (7) After the closed meeting discussions are completed, any members of the public who are present outside the meeting room must be notified that the rest of the meeting is now open to the public, and a reasonable amount of time must be given for those members of the public to return to the meeting before it continues. (8) In accordance with the MGA, Section 153 and the FOIP act, all members are required to keep in confidence matters discussed in closed session until the item is discussed at a meeting held in public. 13. MEETING THROUGH ELECTRONIC COMMUNICATIONS (1) Pursuant to the Municipal Government Act a meeting of Council or Committee may be conducted by means of electronic or other communication facilities if: a. notice is given to the public of the meeting, including the way in which it is to be conducted; b. the facilities enable the public to watch and/or listen to the meeting at the place specified in the notice and a designateded officer is in attendance at that place; and c. the facilities enable all the meeting’s participants to watch and/or hear each other. 68 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 11 of 31 (2) Councillors participating in a meeting held by an electronic or other communication facility are deemed to be present at the meeting. (3) It is encouraged that physical attendance at meetings occurs regularly. However, there is no limit to the number of times a member of Council may participate electronically in a regular or special Council meeting. (4) A Member of Council may participate in a Council or Committee meeting through electronic or other communication facility if: a. The Member is in a location outside of Kneehill County for any reason; b. The Member is in a location within Kneehill County but is unable to attend a meeting for medical reasons for himself or herself, or an immediate family member; c. The CAO (or designate) is present at the Council meeting; d. If that location is able to support its use, ensuring that all Council members participating in the meeting are able to communicate effectively. e. The location is secure, appropriate for Council interaction and public viewing, and free from outside distractions. (5) The number of people participating by using the electronic or communication facility will be limited by the system’s capacity. (6) The meeting Chairman must be physically present at the meeting and cannot Chair the meeting through electronic or other communication facility. (7) The Chair shall announce to those in attendance at the Council meeting that a Council member or Administration member is attending the meeting by means of electronic or other communication facility. (8) The Chair Council through resolution has the sole authority to deny the use of the electronic meeting location participation if in his/her their opinion the location is disruptive to the Council meeting, is in his/her opinion not secure, and it is in his/her opinion located in any place deemed inappropriate. (9) Notice of Proposed Use a. Advise the CAO (or designate) of the phone number at which he or she will be available throughout the meeting. b. Contact the Administration Office a half (1/2) hour before the start of the meeting to receive the electronic or other communication facility meeting codes. (10) In the case of an emergency: a. Council can conduct their meeting electronically with all Council 69 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 12 of 31 members and CAO participating electronically ensuring all requirements of Section 13 (1) are met. 14. RECORDING, BROADCASTING AND/OR STREAMING COUNCIL /SPECIAL/COMMITTEE OF THE WHOLE/PUBLIC HEARING/ORGANIZATIONAL MEETINGS (1) Council, Special, Committee of the Whole, Public Hearing and Organizational meetings and all other meetings may be audio and/or visually recorded, broadcast and/or streamed publicly, if the meeting location supports its use, with the exception of proceedings closed to the public provided for under Closed Sessions section of this Procedural Bylaw. (2) The use of audio and video recording devices and cameras by the press or the public is prohibited. (3) If a Council, Special, Committee of the Whole, Public Hearing, Organizational meeting or any other meeting is recorded, broadcasted and/or streamed: a. signage shall be posted to ensure presenters and members of the public are aware that public meetings may be audio and/or visually recorded, broadcast and/or streamed publicly and made available over the website. b. at the commencement of each meeting, the Reeve or Chair shall notify those present, including members of the public, that the meeting is being recorded, broadcasted or streamed publicly through Kneehill County’s website and/or online. c. the Reeve or Chair has the discretion and authority at any time to direct the termination or interruption of the recording, broadcasting and/or streaming of the meeting if he or she considers it prudent or advisable to do so. d. there may be situations where due to technical difficulties the recording, broadcasting and/or streaming will not be available. If such circumstances occur the Reeve or Chairperson will advise those present that the recording, broadcasting and/or streaming is not available. In the event the technical difficulties are not identified during the meeting, this information will be displayed on the website. e. the recording will be posted to the website within three (3) days of the meeting. f. once approval is given to draft minutes and they become the official record. (4) Copyright to recordings of Council meetings made available on the County’s website is owned by Kneehill County. No part of the recorded materials posted on the County’s website may be reproduced. 70 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 13 of 31 PART FOUR- AGENDA 15. AGENDA PREPARATION & DISBURSEMENT (1) The preparation and distribution of Council meeting a Regular Council Meeting, Special Council Meeting, Organizational Meeting and Committee of the Whole Meeting agendas will be the responsibility of the Chief Administrative Officer (or designate). The Chief Administrative Officer (or designate) will ensure that: a. Copies of the Regular Council Meeting agenda's for meetings listed under Section 15 (1) Agenda are supplied electronically to all members of Council on the Thursday prior to the Council meeting, and b. Agenda's for Meetings listed under Section 15 (1)Regular Council Meeting Agenda’s are made available to members of the media and the public on the Friday prior to the Council meeting. (2) Items initiated by Council members & Administration, to be included on the agenda, will be submitted to the CAO by the Wednesday at 4:00 p.m. prior to the Council meeting. 16. ORDER OF BUSINESS (1) The agenda prepared for each meeting shall be approved as the first order of business. (2) If an alteration to the order of business is desired for the convenience of the meeting, the Chair may make such alteration but shall not delete any portion of the business set out in the agenda. 17. ADDITIONS OR DELETIONS (1) Once the Council agenda has been published, requests to add an item to the agenda must be approved by Council. (2) The addition or deletion of agenda items after the agenda has been adopted requires a unanimous vote of Council. 18. EMERGENT BUSINESS (1) Emergent Business is an Agenda item that is not on the Agenda and because of time constraints must be brought before Council. The Emergent Business item: a. shall be considered as an addendum to the Agenda; and b. the County Manager shall provide an explanation indicating the reasons and degree of urgency. 19. MINUTES (1) The minutes of the preceding meeting shall be the second order of business, so that any errors or omissions may be corrected by the Council. 71 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 14 of 31 (2) The Recording Secretary will prepare the minutes of each Council Meeting and will distribute a copy of the minutes with a subsequent Council Meeting Agenda. (3) Any Councillor may make a Motion requesting that the Minutes be amended to correct any inaccuracy or omission. 20. ADJOURNMENT (1) A Motion to adjourn the meeting shall be in order except: a. When a Member of Council is in possession of the floor; or b. When it has been decided that the vote be now taken; or c. During the taking of a vote 21. ADJOURNMENT TIME (1) Adjournment time is at the conclusion of the agenda as adopted by Council or when a Motion to adjourn has been passed. (2) Adjournment time is no later than 4:30 p.m., unless Council adopts a unanimous Motion to proceed past that time. a. Should there be no Motion to continue to past 4:30 p.m., all Unfinished Business which appears on the Agenda shall be tabled until the next regular Meeting of Council. b. If it appears that any Unfinished Business is urgent the Chair shall call a Special Meeting to deal with such matters. 22. PROCEEDINGS (1) All discussions during a meeting must be directed through the Chair. (2) Pecuniary Interest (Conflict) a. Members of Council who have a reasonable belief that they have a pecuniary interest (as defined in the Municipal Government Act) in a matter before Council, any committee of Council or any board, commission, committee or agency to which they are appointed as a representative of Council, shall, if present, declare and disclose the general nature of the pecuniary interest prior to any discussion of the matter, abstain from discussions or voting on any questions relating to the matter and shall remove themselves from Council Chambers until the matter is concluded. The minutes shall indicate the declaration of disclosure, the time at which the Member of Council left the rooms and the time the Member of Council returned. (3) Temporary Absence a. If a member arrives late, leaves before the Meeting is adjourned, or is temporarily absent from the Meeting, the Meeting Minutes shall reflect 72 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 15 of 31 such absence and the time of the absence. (4) Speaking to Motions a. All questions or debate must be directed through the Chair. b. Members of Council wishing to speak on a matter before the meeting should indicate their intention by raising their hand and being recognized by the Chair and should not speak more than once until every Member of Council has had the opportunity to speak except: i to provide an explanation of the Member’s previous remarks if misunderstood; ii in the case of the mover, to answer questions from the floor directed to the Chair; and iii to allow the mover to close debate after the Chair has called for further discussion and all other Members have had an opportunity to be heard. c. Any member may require the question or Motion under discussion, or any portion thereof, to be read at any time during debate, but not so as to interrupt a member while speaking. (5) Interruption of Speaker a. A Member who is speaking may only be interrupted by another Member on: i A Point of Privilege; or ii A Point of Order b. A Member who is speaking when a Point of Order or Privilege is raised shall immediately cease speaking. (6) Ruling on Proceedings a. The Chair shall rule on a Point of Order or Privilege and no vote shall be taken unless there is a challenge by a Member to the ruling. (7) Recording of Motions a. The minutes shall state who made the motion and whether the motion was “carried unanimously”, “carried” or “defeated”. (8) Recorded Vote a. A Member may request a recorded vote, before any vote is taken, on any Motion. The names of each member present, and whether they vote for or against, must be included in the minutes regardless of whether or not the resolution was passed unanimously. 73 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 16 of 31 PART FIVE – MOTIONS 23. GENERAL PROVISION OF MOTIONS (1) A Motion that has been moved shall not be required to be seconded. (2) A Member may move a Motion whether or not the Member intends to support it. (3) The Chair shall not call the question on any Motion until Council or Committee is completely satisfied that it is clear on how the Motion reads. (4) A recommendation in a report does not constitute a Motion until it is moved by a Member. (5) When a Motion has been made and is being considered, no Member may make another Motion except to: a. Amend the Motion; b. Amend the amendment to the Motion; c. Withdraw the Motion; d. Refer the main Motion; e. Table the main Motion; f. Move a Motion that has privilege that is: i a Motion to recess; ii a Motion to adjourn; iii a Motion to set the time for adjournment; iv a Motion to extend the time of the Meeting; or v a Point of Privilege (6) When a Motion is before the meeting and the mover wishes to withdraw or modify it or substitute a different one in its place, and if no one objects, the Chairman shall grant permission. However, if any objection is made, it is necessary to obtain leave by Motion to withdraw and this Motion cannot be debated or amended. Once a Motion is withdrawn, the effect is the same as if it had never been made. (7) The mover of a Motion must be present when the vote on the Motion is taken. 24. DEBATE OF MOTIONS (1) Every main Motion is debatable with the exception of: a. A Motion on a point of order b. A Motion to adjourn 74 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 17 of 31 c. A Motion to table- time must be given d. A Motion to withdraw a Motion , “Lay on the Table” e. A notice of Motion 25. CLOSING DEBATE (1) A Member who moved the main Motion, may close debate after other Members have been given an opportunity to speak. (2) Before the debate is closed and the vote called, a Member may, request that the Motion be read aloud or ask a question that: a. relates directly to the debate; b. contains no argument: and c. introduces no new material on the Motion (3) When a Member has closed debate the Chair shall immediately call for a vote on the Motion. (4) When the vote has been called for on the Motion, no Member shall debate further on the Motion or speak, except to request that the Motion be read aloud or viewed on the screen. 26. MOTION TO AMEND (1) A Member may not amend a Motion or make an amendment which: a. does not relate to the subject matter of the main Motion; or b. is contrary to the main Motion. (2) Only one amendment to the main Motion and only one amendment to that amendment shall be allowed. (3) The amendment to the amendment must be voted on before the amendment. (4) An amendment to an amendment must be relevant to the amendment. (5) The main Motion shall not be debated until all amendments to it have been voted on. (6) Amendments shall be put in reverse order to which they have been moved. (7) With the exception of a Friendly Amendment, a Member, who moved a Motion, may not move an amendment to it. (8) Amendments deemed to be Friendly Amendments by the mover of a Motion shall not be subject to a vote and will not count towards the cap established in clause (2) of this section. 27. SPLITTING MOTIONS (1) A Member may request that a Motion be divided if it contains parts that stand as 75 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 18 of 31 complete propositions. Council and Council Committee(s) must then vote separately on each proposition. 28. WITHDRAWAL OF A MOTION (1) After a Motion has been moved and stated by the Chair, it is the property of the Council or Committee and may only be withdrawn by the mover with the unanimous consent of the Members present at the Meeting. (2) A Motion withdrawn shall not be recorded in the minutes. 29. MOTION TO RECESS (1) The Chair, without a Motion, may recess the meeting for a specific period. (2) Any Member may move that Council recess for a specific period. 30. MOTION TO ADJOURN (3) A Motion to Adjourn is a Motion to bring a Meeting to an end. 31. MOTION TO REFER (1) A Member may move to refer any Motion to the appropriate Committee or Administration for investigation and report. 32. MOTION TO RECEIVE FOR INFORMATION (1) A Motion to Receive for Information is made to acknowledge an item, report or recommendation. No additional action is taken. 33. MOTION ARISING (1) A Motion Arising must a. be directly related to and arise from an item which has just been considered; and b. be made before another item is in front of the meeting. 34. MOTION TO TABLE (1) A Motion to Table is made to place a main Motion and all pending amendments to the main Motion aside temporarily, with the intention of bringing them back either later in the same Meeting or at a later date for action. (2) A Motion to Table takes precedence over all other Motions connected with the Motion being tabled. (3) A Motion to Table must be made with reference to a set time, set date. (4) If the tabling Motion does not include the date of the meeting to which the tabled matter is to be brought forward, it will be brought forward to the subsequent meeting. (5) A matter tabled to a set date shall not be considered before that date, except by Special Motion. 76 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 19 of 31 35. MOTION TO LIFT FROM THE TABLE (1) A Tabled item shall be brought back with all of the Motions related to it, exactly as it was when laid on the table. (2) An item tabled to a set date shall be added to the agenda at the date without the requirement to lift from the table. 36. MOTION TO RECONSIDER (1) Once a motion is voted on by either Council, Council Committee, Commission, Board or other body established by Council, that same Motion, regardless of whether it was “carried” or “defeated”, cannot be reconsidered by Council unless: a. Six months has passed since the date that the Motion was “carried unanimously”, “carried” or “defeated”; or b. A Motion to Reconsider is carried. (2) After a Motion has been voted upon, at any time during the remainder of the current meeting or during the next regular meeting, any Member of Council who voted with the prevailing side may make a Motion to Reconsider and shall state the reason for making a Motion to Reconsider. (3) Debate on the Motion to Reconsider must be confined to reasons for or against reconsideration. (4) If a Motion to Reconsider is carried, the question on which the vote is to be reconsidered become the next order of business. (5) Reconsideration of the question shall be open to debate, voted upon and shall require the votes of a majority of the Members of Council present to carry it. (6) A Motion that has been approved for reconsideration and passes automatically suspends the previous Motion. 37. NOTICE OF MOTION (1) A Member wishing to introduce a new matter for consideration, shall submit the Motion in writing to the CAO the Wednesday at 4:00 p.m. prior to the Council meeting at which the member wishes to introduce his/her Notice of Motion. (2) All Notices of Motion received at a Meeting shall; a. Be added to the Agenda of the next Meeting; and b. Include an administration report in response to the proposed Motion. (3) A Notice of Motion must give sufficient detail so that the subject of the Motion and any proposed Motion can be determined and it must state the date of the Meeting at which the Motion shall be made. (4) A Notice of Motion cannot be made at a Special Council Meeting. 77 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 20 of 31 38. MOTION TO MOVE INTO CLOSED SESSION (1) A Member may make a Motion to move into closed session which must: a. be in accordance with the Freedom of Information and Protection of Privacy Act; b. Include the subject of the matters to be discussed. 39. VOTING ON MOTIONS (1) Unless otherwise specified in this Bylaw, a Motion shall be carried when a simple majority of the Members present at a Meeting vote in favour of a Motion. (2) If there is an equal number of votes for or against a Motion or Bylaw, the Motion or Bylaw is defeated. (3) Each Member present at a Meeting shall vote on every Motion unless the Member is required or permitted to abstain from voting by the Municipal Government Act or other legislation. (4) Each Member shall vote by the raising of the hand. (5) After a Motion has been put to a vote by the Chair, no Member shall speak to the question, nor shall any other Motion be made until after the results of the vote have been declared. PART SIX- PUBLIC HEARINGS 40. ADVERTISING OF PUBLIC HEARINGS (1) The advertised Notice of the Public Hearing must be published at least once a week for 2 consecutive weeks in the local newspaper to which the proposed Bylaw, Motion relates, or in which the meeting or hearing is to be held. (2) The deadline for Written Submissions to be included in the Public Hearing Agenda Package shall be included in the advertised notice. 41. WRITTEN SUBMISSIONS (1) Written Submissions received in response to the Notice of Public Hearing shall become a public record, and shall be made available to the public and will be included in the Public Hearing Agenda Package. (2) Written Submissions submitted after the advertised deadline will not be accepted. (3) Written Submissions that contain personal attacks or have a derogatory tone shall not be included in the Public Hearing Agenda Package. (4) Individuals who have submitted a letter may only address Council at the Public Hearing on new information not contained in the letter. 78 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 21 of 31 42. COMMENCEMENT OF PUBLIC HEARINGS (1) Public Hearings shall be held during regular or special Council Meetings. (2) Council shall hold a public hearing when the MGA or other enactment requires Council to hold a public hearing on a proposed Bylaw or, a Motion or, any other matter at the direction of Council. (3) Public Hearings shall be held prior to second reading of the proposed bylaw or before Council votes on a Motion. (4) Council shall by Motion set a time, date and location of a public hearing. 43. PUBLIC HEARING AGENDA PACKAGE (1) The Public Hearing Agenda Package will be provided at the Public Hearing. (2) The Public Hearing Agenda Package will be forwarded to Council before the public hearing in order for Council to have enough time to review all submissions before the hearing. (3) The public will be provided the public hearing package at the public hearing. 44. PRESENTING TO COUNCIL (1) Persons interested in speaking at a Public Hearing should register their name on the appropriate Speakers List (Group or Individual and either in support or in opposition) located in County reception area prior to the Public Hearing. (2) Persons addressing Council regarding the proposed Bylaw or Motion shall state: a. their name and legal or municipal address, a person who does not identify him/herself will not be given the opportunity to speak; b. an indication as to whether they are speaking on their own behalf or for another person or for a group; c. an indication as to whether they are speaking in support of or in opposition to the proposed Bylaw or Motion; d. how they are affected by the proposed Bylaw or Motion; and e. address the Chair when responding to questions or providing information. (3) A person may authorize another individual to speak on their behalf if: a. such authorization is in writing. (4) An individual may only speak once on an item. speak only once at the public hearing. (5) Presentations by the applicant and the public may be made verbally, in writing or visually. (6) Any person who would like to present using an electronic presentation will bring 79 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 22 of 31 their USB flash drive to the presenter desk, where a staff member will open the file at the presenter laptop. (7) The use of maps, videos, Power Point presentations and written presentations shall be collected by the Recording Secretary to be included in the Corporate Records for the meeting and may be made available to the public upon request. 45. PUBLIC HEARING PROCESS (1) The Chair shall call for a Motion to go into Public Hearing. (2) The Chair shall remind everyone who is wanting to speak as a group or an individual and either in support or in opposition of the Bylaw or Motion to register their name on the appropriate speakers list. (3) The Chair shall announce that the Public Hearing may be recorded by administration to assist in the preparation of minutes and once the Public Hearing minutes are approved, the applicable recording will be destroyed. (4) The use of audio and video recording devices and cameras by the press or the public is prohibited. (5) The Public Hearing Procedure will be included in the Public Hearing Package and a paper copy will be made available at the Recording Secretary’s Desk. (6) The Chair will then follow the Public Hearing process in the following order: a. Administration will present information about the proposed bylaw(s). b. The applicant will be provided the opportunity to speak following administration’s report within a time period of 20 minutes. c. Following that, any person or group wishing to speak to the bylaw will be asked to come forward as they appear on the Speakers List. They will provide their name and address and whether they have previously submitted a written response (i.e., letter/email). If a written submission has been provided and is included with the report to Council, the Chairperson will request presenters to please keep the oral presentation to new information. d. Each public presenter may speak only once at the public hearing and each presentation will be limited to a maximum of 5 minutes. There is an indicator that shows a green light that changes to Yellow when 30 seconds are left, then the light changes to Red when time is up. If the Red light comes on, the presenter will be requested to wrap up the presentation. Group presentations are allowed a maximum of 10 minutes. e. When it appears that there are no more presenters, the Chairman will confirm that there are no other persons wishing to speak to the bylaw. f. Following the public presentations, the Chair will ask the applicant if they wish to offer a rebuttal. They have a maximum of 10 minutes for their 80 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 23 of 31 rebuttal. g. Members of Council may request members of administration and /or the applicant to address any maters raised during the public hearing. h. Once the process is complete, the Chairperson will declare the public hearing closed. i. Once the Public Hearing is adjourned, the Chair shall advise that no further information on the matter shall be received by Council. (7) The Chair shall outline the Public Hearing procedures. (8) The Chair shall call upon Administration to: a. confirm the Public Hearing has been advertised in accordance with applicable legislation; b. present an overview and summary regarding the Motion, Bylaw or matter to be dealt with. (9) The Chair shall call upon the Applicant to present. a. The applicant shall state their name and present their application within a time period of 20 minutes, unless there is consent by the majority of Council to extend the allotted time. b. The Chair shall allow questions of clarification from Members to the applicant. (10) The Chair shall open the floor to presentations from the public. Individual speakers may speak for a maximum of 5 minutes. A spokesperson speaking on behalf of a group petition or group may speak for a maximum of 10 minutes. The Chair shall allow questions of clarification from Members to the individuals speaking to the proposed Bylaw or Motion. a. The Chair shall open the floor to presentations In favour of the proposed Bylaw, Motion or matter to be dealt with from the public in the following order: i The Chair will ask Administration to come forward and read the written submissions that are in favour of the proposed Bylaw, Motion or matter to be dealt with that were submitted before the advertised deadline into the record. ii The Chair shall call the names in order as they appear on the individual speakers list in favour of the proposed Bylaw, Motion or matter to be dealt with to come forward one at a time. iii The Chair shall call the names in order as they appear on the group speakers list in favour of the proposed Bylaw, Motion or 81 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 24 of 31 matter to be dealt with to come forward one at a time. b. The Chair shall open the floor to presentations in opposition to the proposed Bylaw, Motion or matter to be dealt with from the public in the following order: i The Chair will ask Administration to come forward and read the written submissions that are opposed to the proposed Bylaw, Motion or matter to be dealt with that were submitted before the advertised deadline into the record. ii The Chair shall call the names in order as they appear on the individual speakers list opposed to the proposed Bylaw, Motion or matter to be dealt with to come forward one at a time. iii The Chair shall call the names in order as they appear on the group speakers list opposed to the proposed Bylaw, Motion or matter to be dealt to come forward one at a time. (11) After hearing from those persons on the Speaker’s List in support or in opposition, the Chair shall ask if anyone else present wishes to speak in support or in opposition to the proposed Bylaw or Motion. (12) The Chair shall invite the applicant for any rebuttal to the points raised by those who spoke in favour or in opposition to the application. The rebuttal period shall last no longer than 10 minutes unless there is consent by the majority of Council to extend the allotted time. (13) The Chair shall allow questions for clarification from Members to the applicant. (14) The Chair shall declare the Public Hearing closed. (15) Once the Public Hearing is adjourned, the Chair shall advise that no further information on the matter shall be received by Council. (16) If a Public Hearing is postponed or recessed, Council shall not receive any additional submissions in relation to the subject matter until it reconvenes the Public Hearing. (17) Statutory Public Hearings must be closed before Council votes on the Bylaw. (18) After the Public Hearing is closed, Council may debate the proposed Bylaw or Motion and may do one of the following: a. amend the Bylaw or Motion; b. pass the Bylaw or Motion; or c. defeat the Bylaw or Motion. (19) Members who are absent for the whole Public Hearing must abstain from voting on the matter. 82 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 25 of 31 (20) Members who are absent for a part of the Public Hearing may abstain from voting on the matter. 46. RECORD OF NAMES AT A PUBLIC HEARING (1) The Meeting Minutes shall record the names of all persons who: a. spoke for or against; and b. provided written submission in response to the Notice of Public Hearing for or against the proposed bylaw. c. Made a verbal submission to Council, and d. Provided written submission in response to the Notice of Public Hearing PART SEVEN- BYLAWS 47. BASIC REQUIREMENTS (1) All proposed bylaws shall: a. have a Bylaw number assigned by the CAO or designate; b. have a concise title indicating the purpose of the Bylaw; c. be presented in its entirety to all Councillors present at the Meeting prior to any Motion for first reading; d. have three (3) separate distinct readings; e. be presented in its entirety including any amendments, passed after first reading to all Councillors present at the Meeting prior to any Motion for third reading; and f. not be given more than two (2) readings at one (1) meeting, unless the Councillors present at the Meeting unanimously agree to a Motion authorizing third reading. 48. INTRODUCING A BYLAW (1) Council shall hear an introduction to the proposed bylaw or Motion from Administration prior to first reading. (2) After first reading has been given, any Member may move the bylaw be read a second time. (3) When a bylaw is subject to a Statutory Public Hearing, the Public Hearing shall be held prior to second reading. 49. AMENDMENTS TO BYLAWS (1) Any amendments to the bylaw that are carried prior to the vote on third reading shall be considered to have been given first and second reading and shall be incorporated in the proposed bylaw. 83 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 26 of 31 (2) Once a bylaw has been passed, it may only be amended or repealed by another bylaw made in the same way as the original bylaw, unless another method is specifically authorized by this Bylaw or another enactment. 50. DEFEATED BYLAWS (1) If a bylaw is defeated on third reading the previous readings shall be rescinded. (2) A bylaw shall be rescinded if the bylaw does not receive third reading within two years from the date of the first reading. 51. EFFECTIVE DATE (1) A bylaw is effective from the date of third reading unless the bylaw or any applicable statue provides for another effective date. 52. BYLAWS SIGNED AND SEALED (1) The Chief Elected Official and the CAO or designate shall sign and seal the bylaw as soon as reasonably possible after third reading. PART EIGHT- CONDUCT IN MEETINGS 53. PUBLIC CONDUCT (1) The members of the public during a Meeting shall: a. not approach or speak to Council or Committee without permission of the Chair; b. maintain order and quiet; and c. not interrupt a speech or action of Council, Committee or another person addressing the Members. (2) The Chair may order a member of the public who creates a disturbance or acts improperly to be expelled from the Meeting. 54. MEMBER CONDUCT (1) During a Meeting, Members shall not: a. speak disrespectfully, use offensive words, or un-parliamentary language; b. address Members without permission; c. break the rules of Council or Committee or disturb the proceedings d. leave their seat or make any noise or disturbance while a vote is being taken or the result declared; or e. disobey the decision of the Chair on any question or order, practice or interruption. 55. BREACH OF CONDUCT (1) A Member who persist in a breach of subsection 49 54 (1), the Chair may request 84 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 27 of 31 that the Deputy Reeve or in the case of a Committee, the Vice Chair, to move a Motion to remove the unruly Member from either the balance of the meeting or until a time stated in the Motion. Shall follow the disciplinary procedure described in the Councillor Code of Conduct Bylaw. (2) If the Motion passes, the Chair shall direct the Member to leave the Meeting. (3) Where the Chair has directed a Member to leave the Meeting and the Member makes a satisfactory explanation and apology, the Members may, by Motion, allow the offending Member to remain in or return to the Meeting. 85 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 28 of 31 56. CHALLENGE TO THE RULING OF THE CHAIR (1) Any member may challenge the decision of the Chair on a Point of Order or Privilege and if the decision of the Chair is challenged, the Chair shall briefly state the reason for the Chair’s decision and then put the question to Council or Committee “Is the ruling of the Chair upheld?” (2) Council or Committee shall decide the challenge without debate by voting and the decision of Council or Committee is final. PART NINE- TRANSITION 57. SEVERABILITY (1) If a portion of the Bylaw is found by a court of competent jurisdiction to be invalid, the invalid portion will be voided, and the rest of the Bylaw remains valid and effective. 58. EFFECTIVE DATE (1) This Bylaw comes into effect upon third reading of this Bylaw. 59. BYLAW REPEAL (1) Bylaw No. 1821 is hereby repealed. READ a first time on this 17th day of August, 2021. READ a second time on this. READ a third time and final time of this. Reeve Chief Administrative Officer Jerry Wittstock Mike Haugen Date Signed 86 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 29 of 31 Contents PART ONE – INTRODUCTION......................................................................................................................... 1 1. TITLE .................................................................................................................................................. 1 2. DEFINITIONS ...................................................................................................................................... 1 PART TWO – ROLES ....................................................................................................................................... 4 3. REEVE ................................................................................................................................................ 4 4. DEPUTY REEVE .................................................................................................................................. 4 PART THREE-COUNCIL & COMMITTEE MEETINGS ........................................................................................ 5 5. QUORUM .......................................................................................................................................... 5 6. REGULAR MEETINGS OF COUNCIL .................................................................................................... 5 7. CANCELLATION OF MEETINGS .......................................................................................................... 6 8. SPECIAL MEETINGS ........................................................................................................................... 6 9. ORGANIZATIONAL MEETINGS ........................................................................................................... 6 10. COMMITTEE OF THE WHOLE MEETINGS ...................................................................................... 7 11. DELEGATIONS AT COUNCIL MEETINGS ......................................................................................... 8 12. CLOSED SESSION ........................................................................................................................... 9 13. MEETING THROUGH ELECTRONIC COMMUNICATIONS ............................................................. 10 14. RECORDING, BROADCASTING AND/OR STREAMING COUNCIL /SPECIAL/ORGANIZATIONAL MEETINGS ............................................................................................................................................... 12 PART FOUR- AGENDA .................................................................................................................................. 13 15. AGENDA PREPARATION & DISBURSEMENT ................................................................................ 13 16. ORDER OF BUSINESS ................................................................................................................... 13 17. ADDITIONS OR DELETIONS .......................................................................................................... 13 19. MINUTES ..................................................................................................................................... 13 20. ADJOURNMENT ........................................................................................................................... 14 21. ADJOURNMENT TIME ................................................................................................................. 14 22. PROCEEDINGS ............................................................................................................................. 14 PART FIVE – MOTIONS ................................................................................................................................ 16 23. GENERAL PROVISION OF MOTIONS ............................................................................................ 16 24. DEBATE OF MOTIONS ................................................................................................................. 16 25. CLOSING DEBATE ........................................................................................................................ 17 26. MOTION TO AMEND ................................................................................................................... 17 87 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 30 of 31 27. SPLITTING MOTIONS ................................................................................................................... 17 28. WITHDRAWAL OF A MOTION ..................................................................................................... 18 29. MOTION TO RECESS .................................................................................................................... 18 30. MOTION TO ADJOURN ................................................................................................................ 18 31. MOTION TO REFER ...................................................................................................................... 18 32. MOTION TO RECEIVE FOR INFORMATION .................................................................................. 18 33. MOTION ARISING ........................................................................................................................ 18 34. MOTION TO TABLE ...................................................................................................................... 18 35. MOTION TO LIFT FROM THE TABLE ............................................................................................ 19 36. MOTION TO RECONSIDER ........................................................................................................... 19 37. NOTICE OF MOTION .................................................................................................................... 19 38. MOTION TO MOVE INTO CLOSED SESSION ................................................................................ 20 39. VOTING ON MOTIONS ................................................................................................................ 20 PART SIX- PUBLIC HEARINGS ....................................................................................................................... 20 40. ADVERTISING OF PUBLIC HEARINGS ........................................................................................... 20 41. WRITTEN SUBMISSIONS .............................................................................................................. 20 42. COMMENCEMENT OF PUBLIC HEARINGS ................................................................................... 21 43. PUBLIC HEARING AGENDA PACKAGE .......................................................................................... 21 44. PRESENTING TO COUNCIL ........................................................................................................... 21 45. PUBLIC HEARING PROCESS ......................................................................................................... 22 46. RECORD OF NAMES AT A PUBLIC HEARING ................................................................................ 25 PART SEVEN- BYLAWS ................................................................................................................................. 25 47. BASIC REQUIREMENTS ................................................................................................................ 25 48. INTRODUCING A BYLAW ............................................................................................................. 25 49. AMENDMENTS TO BYLAWS ........................................................................................................ 25 50. DEFEATED BYLAWS ..................................................................................................................... 26 51. EFFECTIVE DATE .......................................................................................................................... 26 52. BYLAWS SIGNED AND SEALED..................................................................................................... 26 PART EIGHT- CONDUCT IN MEETINGS ........................................................................................................ 26 53. PUBLIC CONDUCT ........................................................................................................................ 26 54. MEMBER CONDUCT .................................................................................................................... 26 55. BREACH OF CONDUCT ................................................................................................................. 26 88 2021.09.14 Adopted Council Meeting Package Bylaw No. 1846 Meeting Procedures Bylaw Page 31 of 31 56. CHALLENGE TO THE RULING OF THE CHAIR ............................................................................... 28 PART NINE- TRANSITION ............................................................................................................................. 28 57. SEVERABILITY .............................................................................................................................. 28 58. EFFECTIVE DATE .......................................................................................................................... 28 59. BYLAW REPEAL ............................................................................................................................ 28 89 2021.09.14 Adopted Council Meeting Package BYLAW NO 1821 PROCEDURAL BYLAW A BYLAW OF KNEEHILL COUNTY, IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE OF REGULATING MEETING PROCEEDINGS FOR COUNCIL AND COUNCIL COMMITTEE MEETINGS. WHEREAS Section 145 of the Municipal Government Act, R.S.A. 2000 Chapter M-26 and amendments thereto authorizes Council to pass bylaws that regulates the procedure and conduct of Council and Council Committee meetings in order to promote orderly proceedings and to provide for open and effective government. NOW THEREFORE, the Council of Kneehill County, duly assembled, enacts as follows: PART ONE – INTRODUCTION 1. TITLE This bylaw shall be known as the “Procedural Bylaw”. 2. DEFINITIONS In this bylaw the following words and phrases mean: “Act” means the Municipal Government Act, R.S.A. 2000 Chapter M-26, any regulations thereunder, and any amendments or successor legislation thereto. “Adjourn” means to close and terminate the meeting or public hearing. “Administration” means an employee, employed by the County. “Agenda” is the list of items and orders of business for any meeting along with associated reports, policies, bylaws or other documents. “Bylaw” means a Bylaw of Kneehill County. “Chairman/Chair” means the person who has been given authority to direct the conduct of a meeting and when in attendance at a Council meeting, shall mean the Reeve or Deputy Reeve. 90 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 2 of 31 “Chief Administrative Officer (CAO)” is the administrative head of the municipality who is appointed by Council pursuant to the Municipal Government Act. “Closed Session” means a meeting of Council or Committee which is held in private without the presence of the public pursuant to Section 197 of the Municipal Government Act. “Committee” means a Council Committee, Board or other body established by Council pursuant to the Municipal Government Act. “Council” means the Reeve and Councillors, duly elected in the County and who continue to hold office. “Councillors” means a duly elected Member of Council, including the Reeve. “County” means Kneehill County. “Committee of the Whole” A Council Committee where all members of Council sits as a committee and operates under informal rules to discuss emerging matters and may recommend matters discussed be brought back to a subsequent Council meeting for action. “Council Committee” means a committee, board, or other body established by Council under Section 145-146 of the Municipal Government Act. “Deputy Reeve” is the Councillor appointed by Council to act as Reeve when the Reeve is unable to perform the duties of the Reeve or if the office of Reeve is vacant. “Electronic or other Communication Facilities” shall mean that members of Council may attend a Council or Committee meeting through electronic communications. This can include using a telephone with the use of the speaker; via personal computer, or other means of technology advances. “Emergent Business” is business that is an emergency situation that poses an immediate risk to health, life, property, environment or financial well-being of the County and calls for prompt action. “Friendly Amendment” is an amendment to a Motion under debate that is perceived by all parties as an enhancement to the original Motion. 91 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 3 of 31 “Majority” means more than half of the Members present. “Meeting” means an organizational, regular or special meeting of Council or Committee. “Member” is duly elected member of Council or a duly appointed member of a committee who continues to hold office. “Members at Large” is a member of the public appointed by Council to a Committee of Council. “Motion” is a proposal for action by Council or Committee. “Organizational Meeting” means a Meeting of Council held in accordance with Section 192 of the Municipal Government Act and Part 3 of this Bylaw. “Point of Order” is a statement from a Member to call attention to any departure from the Procedural Bylaw. “Point of Privilege” refers to all matters affecting the rights and privileges of Council collectively or any of its members individually. “Quorum” means the number of Members required for the legal conduct of the business of Council or a Committee. In the case of Meeting of Council, quorum is four (4) Members. “Recording Secretary” means the person designated to record the minutes of a Council or Committee meeting. “Regular Meetings” is a meeting of Council held in accordance with Section 193 of the Municipal Government Act. “Reeve” means the Chief Elected Official of the County within the meaning of the Municipal Government Act. “Special Meetings” is a meeting of Council held in accordance with Section 194 of the Municipal Government Act. “Statutory Public Hearing” means a public hearing required by the Municipal Government Act or other legislation. 92 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 4 of 31 “Written Consent” means to give approval or consent either by email, text message, facsimile or by signed letter. APPLICATION (1) This Bylaw shall govern Organizational Meetings, Regular Meetings, Special Meetings, and Council Committees established by Council and shall be binding upon all Committee members whether Members of Council or Members at Large. (2) When any matter relating to the meeting proceeding is not addressed in this Bylaw or in the Municipal Government Act, the matter will be determined by referring to the most recent version of “Robert’s Rules of Order Newly Revised”. (3) In the event of a conflict between the provisions of this Bylaw and Robert’s Rules of Order, the provisions of this Bylaw shall apply. (4) Notwithstanding Paragraph 3(1), where the Committee Bylaw or Terms of Reference establishes other procedures or gives the Committee the authorization to establish its own Meeting procedure, if there is a conflict between the Committee’s established Meeting procedures and this Bylaw, that Committee’s established Meeting procedure will have precedence over this Bylaw for the purposes of that Committee’s Meetings. PART TWO – ROLES 3. REEVE (1) The Reeve, when present, shall preside as Chair over all meeting of Council, unless otherwise provided for in this Bylaw. (2) shall preside over the conduct of the meeting, including the preservation of good order and decorum, ruling on points of order, replying to points of procedure and deciding all questions relating to the orderly procedure of the meeting, subject to an appeal by any Member of Council from any ruling of the Chair; (3) ensures that each Councillor who wishes to speak on a debatable Motion is granted the opportunity to do so; (4) with the permission of Council, may invite persons forward from the audience to speak if it is deemed to be within the best interests of the issue being discussed; (5) has all the same rights and is subject to the same restrictions, as to participation in debate, as all other Councillors. 4. DEPUTY REEVE (1) The Deputy Reeve chairs Council meetings when the Reeve is absent or unable to act as Reeve and shall have all the powers and responsibilities of the Reeve under this Bylaw. 93 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 5 of 31 PART THREE-COUNCIL & COMMITTEE MEETINGS 5. QUORUM (1) As soon as there is a quorum of members after the time set for the meeting, the Chair will call the meeting to order. (2) If there is no quorum present within half an hour after the time set for the meeting, the Chief Administrative Officer or designate shall, record the names of the members present and the meeting shall be adjourned. (3) If the Reeve or Deputy Reeve in the case of Council or Chair and Vice Chair in the case of Committee are not in attendance within fifteen minutes after the hour appointed for a meeting, and a quorum is present the CAO or designate shall call the meeting to order and a chairman shall be chosen by the members present to preside until the arrival of the Reeve or Deputy Reeve in the case of Council or Chair or Vice Chair in the case of Committee. 6. REGULAR MEETINGS OF COUNCIL (1) Shall be held on the second and fourth Tuesday of each month provided that where a regular Council meeting falls on a holiday, the meeting shall be held on the next following day, not being a holiday or on such other day as Council decides by Motion. (2) Council may by Motion, change a regularly scheduled meeting day if necessary due to conflicting dates of other meetings or conventions Council would be attending. (3) Meetings shall take place at the Kneehill County Municipal Office or at another location within the Municipality when Notice is given. (4) Regular meetings of Council shall commence at 8:30 a.m. (5) If Council changes the date, time or place of a regularly scheduled meeting, the municipality must give at least 24 hours’ notice of the change to any Member of Council not present at the meeting at which the change was made, and to the public. (6) the CAO or designate will be responsible for posting public notice of changes to a Regular Meeting at least twenty-four (24) hours in advance by: a. Posting a notice in the foyer and on the main entrance window at Kneehill County Administration Building; b. Posting a notice on the County’s website if time permits, and c. Posting a notice in the local newspaper if time permits. 94 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 6 of 31 7. CANCELLATION OF MEETINGS (1) A cancellation of a regular scheduled meeting must be made by resolution of Council. If Council changes the date, time or place of regularly scheduled meeting, the municipality must give at least 24 hours’ notice of the change a. To any Member of Council not present at the meeting at which the change was made; and b. To the public. 8. SPECIAL MEETINGS (1) A Special Meeting shall be scheduled when required by the Reeve or a majority of Council. (2) No less than 24-hours notice of a Special Meeting shall be provided to each Councillor and to the public. The notice shall state the time, date, place and in general terms the nature of the business to be transacted. (3) A Special Meeting may be held with less than 24 hours’ notice to all Councillors and without notice to the public if at least two -thirds of the whole Council agrees to do this in writing before the beginning of the meeting. (4) The Agenda for a Special Meeting shall be restricted to the business stated in the notice unless all Councillors are present and a Motion is passed to deal with the additional matter. 9. ORGANIZATIONAL MEETINGS (1) An Organizational Meeting shall be held no later than two weeks after the third Monday in October each year. (2) The CAO (or designate) shall fix the time, date, and place of the Organizational Meeting. (3) Agenda- At the Organizational Meeting: a. CAO or designate: i call the meeting to order; ii presides over the election of the Reeve for the ensuing one-year period; and iii administers the Oaths of Office. b. Reeve: i presides over the election of the Deputy Reeve for the ensuing one-year period. c. Council: i appoints Council Committees and Board Members; 95 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 7 of 31 ii conducts other business identified within the Organizational meeting Agenda. (4) The seating arrangements of Council shall be determined at the Organizational Meeting. The Reeve shall occupy the center seat at the head of the Council table with the Deputy Reeve occupying the position directly to the Reeve’s left. The seating positions of the remainder of Councillors shall be determined by each Councillor drawing a number between 1 and 5. Councillor seating will also be numbered from 1 through 5 as determined by the CAO or designate prior to Councillors drawing their number. The order of drawing is determined by the official Division number with Division 1 drawing first and Division 7 drawing last. In the event any Councillor is not present at the drawing, the Chief Administrative Officer, or designate, will draw for the Councillor(s) not present. (5) Nominations a. Candidates nominated for Reeve or Deputy Reeve will be announced out loud. Candidates will not be nominated by secret ballot. b. If only one nomination is received for the position of Reeve or Deputy Reeve, that nominee shall be declared elected by acclamation. c. Where there is more than one nomination for Reeve or Deputy Reeve, voting shall be done by secret ballot. d. If, on the first ballot, no one Councillor receives a clear majority of the votes, the Councillor who received the least number of votes shall be dropped from the ballot and a second ballot shall be taken. e. On subsequent ballots, a Councillor who receives the least number of votes shall be dropped from the ballot until a Councillor receives a clear majority. f. Councillors hold office from the beginning of the Organizational Meeting following the General Election until immediately before the beginning of the Organizational Meeting following the next General Election, in accordance with the Local Authorities Election Act, R.S.A. 2000 Chapter L - 21. 10. COMMITTEE OF THE WHOLE MEETINGS (1) The purpose of the Committee of the Whole is to allow Council to meet in a less formal and structured manner to: a. Discuss issues of long term planning and policy development b. Discuss complex administration, finance, zoning and land development issues; and 96 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 8 of 31 c. Consider any other matters that from time to time may require Council’s in depth consideration (2) Committee of the Whole will meet for the purposes of discussion and possible recommendation to Council. No formal decisions will be made at Committee of the Whole meetings. Recommendations of the Committee of the Whole shall be voted upon at a future Council meeting. (3) Council Committee of the Whole may make motions for the following purposes: a. for “procedural” purposes (adopting agenda and the previous Committee of the Whole minutes, and adjourning the meeting); b. to make recommendation to Council or other Council Committee’s regarding a matter discussed at the Committee of the Whole meeting; and c. to provide direction to Administration in the preparation and continued development of a matter being reviewed during the Committee of the Whole meeting. (4) Meetings of the Committee of the Whole shall be open to the public, unless the Committee moves into a closed session which complies with the MGA Section 197(2). (5) The Committee of the Whole meeting schedule shall be established by motion at the annual organization meeting or at a regular meeting following the organizational meeting, as may be appropriate. (6) Notice of Council Committee of the Whole meetings shall be posted on the County’s website. (7) Regular Committee of the Whole meetings will be held at 8:30 a.m. in Council Chambers. (8) Minutes of a Committee of the Whole meeting shall be adopted by motion at the following Committee of the Whole meeting. a. After approval of the minutes, the minutes will be included into the next Regular Council Meeting Agenda under Council and Committee Reports. 11. DELEGATIONS AT COUNCIL MEETINGS (1) A member wishing to appear before Council, individually and as a group, must make a written submission to the CAO (or designate) to arrive no later than 4:00 p.m. on the Wednesday immediately prior to the Council meeting. 97 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 9 of 31 (2) Delegations are scheduled at the discretion of the CAO (or designate), subject to: a. the volume of material on any given agenda; b. the number of requests for a specific meeting date and urgency of request; or c. subject matter (3) The written submission will indicate the following information: a. complete name of the presenter(s) and contact information (ie. Mailing address, e-mail, telephone/fax number) and the organization they are representing (if applicable); b. nature and purpose of the delegation and the material to be covered/presented; c. any PowerPoint presentation or other material to be used or presented at the meeting. (4) Presentations will be directed to the Chair and will be limited to fifteen (15) minutes with an additional ten (10) minutes for questions for clarification by members and administration. The Chair may extend the time limits as necessary. (5) Information presented by the delegation will be restricted to the topic noted in the written submission and recorded on the meeting agenda. (6) Subsequent deputations from the same individual/group concerning a topic on which they have previously presented or spoken will not be permitted unless there is significant new information to be brought forward. (7) Delegations will not be heard regarding matters involving current or pending litigation, insurance claims, matters beyond the jurisdiction of Council, or Municipal Freedom of Information and Protection of Privacy Act issues . (8) Delegations will not be permitted to speak regarding topics that will be the subject of an upcoming public meeting pursuant to the Municipal Government Act, unless exceptional circumstances apply which have been reviewed and approved by Council. Persons wishing to speak about such matters are requested to present their concerns and opinions at the scheduled public meeting where their comments can be considered along with all other submissions. 12. CLOSED SESSION (1) The Municipal Government Act permits Council or Committee to close all or part of the meeting to the public if a matter to be discussed is within one of the exceptions to disclosure contained in Division 2 Part 1 of the Freedom of Information and Protection of Privacy Act. 98 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 10 of 31 Before closing all or any part of the meeting to the public, a Council or Council Committee shall pass a motion a. that includes the basis for which that part of the meeting is to be closed and; b. The related section of FOIP that applies, under the Exception to Discl osure in Division 2 of Part 1 (Section 16 to 29) or under the regulations under subsection (7) (2) When a meeting is held in closed session, no Motion or Bylaw may be passed except a Motion to revert to a meeting held in public. (3) Where a Council or Council Committee closes all or part of a meeting to the public, the Council or Council Committee may allow one or more other persons to attend, as it considers appropriate, and the minutes of the meeting must record the names of those persons and the reasons for allowing them to attend. (4) A Subdivision Authority, Development Authority or Subdivision and Development Appeal Board established under Part 17 of the Municipal Government Act may deliberate and make its decision in a meeting closed to the public. (5) Members participating in the meeting through Electronic or Other Communication Facility are not permitted to participate in closed sessions. (6) After the closed meeting discussions are completed, any members of the public who are present outside the meeting room must be notified that the rest of the meeting is now open to the public, and a reasonable amount of time must be given for those members of the public to return to the meeting before it continues. (7) In accordance with the MGA, Section 153 and the FOIP act, all members are required to keep in confidence matters discussed in closed session until the item is discussed at a meeting held in public. 13. MEETING THROUGH ELECTRONIC COMMUNICATIONS (1) Pursuant to the Municipal Government Act a meeting of Council or Committee may be conducted by means of electronic or other communication facilities if: a. notice is given to the public of the meeting, including the way in which it is to be conducted; b. the facilities enable the public to watch and/or listen to the meeting at the place specified in the notice and a designed officer is in attendance at that place; and c. the facilities enable all the meeting’s participants to watch and/or hear each other. 99 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 11 of 31 (2) Councillors participating in a meeting held by an electronic or other communication facility are deemed to be present at the meeting. (3) There is no limit to the number of times a member of Council may participate electronically in a regular or special Council meeting. (4) A Member of Council may participate in a Council or Committee meeting through electronic or other communication facility if: a. The Member is in a location outside of Kneehill County for any reason; b. The Member is in a location within Kneehill County but is unable to attend a meeting for medical reasons for himself or herself, or an immediate family member; c. The CAO (or designate) is present at the Council meeting; d. If that location is able to support its use, ensuring that all Council members participating in the meeting are able to communicate effectively. e. The location is secure, appropriate for Council interaction and public viewing, and free from outside distractions. (5) The number of people participating by using the electronic or communication facility will be limited by the system’s capacity. (6) The Chair shall announce to those in attendance at the Council meeting that a Council member or Administration member is attending the meeting by means of electronic or other communication facility. (7) The Chair has the sole authority to deny the use of the electronic meeting location if in his/her opinion the location is disruptive to the Council meeting, is in his/her opinion not secure, and is in his/her opinion located in any place deemed inappropriate. (8) Notice of Proposed Use a. Advise the CAO (or designate) of the phone number at which he or she will be available throughout the meeting. b. Contact the Administration Office a half (1/2) hour before the start of the meeting to receive the electronic or other communication facility meeting codes. 14. RECORDING, BROADCASTING AND/OR STREAMING COUNCIL /SPECIAL/ORGANIZATIONAL MEETINGS (1) Council, Special, and Organizational meetings may be audio and/or visually recorded, broadcast and/or streamed publicly, if the meeting location suppor ts its use, with the exception of proceedings closed to the public provided for 100 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 12 of 31 under Closed Sessions section of this Procedural Bylaw. (2) The use of audio and video recording devices and camera’s by the press or the public is prohibited. (3) If a Council, Special, or Organizational meeting is recorded, broadcasted and/or streamed: a. signage shall be posted to ensure presenters and members of the public are aware that public meetings may be audio and/or visually recorded, broadcast and/or streamed publicly and made available over the website. b. at the commencement of each meeting, the Reeve or Chair shall notify those present, including members of the public, that the meeting is being recorded, broadcasted or streamed publicly through Kneehill County’s website and/or online. c. the Reeve or Chair has the discretion and authority at any time to direct the termination or interruption of the recording, broadcasting and/or streaming of the meeting if he or she considers it prudent or advisable to do so. d. there may be situations where due to technical difficulties the recording, broadcasting and/or streaming will not be available. If such circumstances occur the Reeve or Chairperson will advise those present that the recording, broadcasting and/or streaming is not available. In the event the technical difficulties are not identified during the meeting, this information will be displayed on the website. e. the recording will be posted to the website within three (3) days of the meeting. f. once approval is given to draft minutes and they become the official record. (4) Copyright to recordings of Council meetings made available on the County’s website is owned by Kneehill County. No part of the recorded materials posted on the County’s website may be reproduced. PART FOUR- AGENDA 15. AGENDA PREPARATION & DISBURSEMENT (1) The preparation and distribution of Council meeting agendas will be the responsibility of the Chief Administrative Officer (or designate). The Chief Administrative Officer (or designate) will ensure that: a. Copies of the Regular Council Meeting Agenda are electronically supplied to all members of Council on the Thursday prior to the Council meeting, and 101 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 13 of 31 b. Regular Council Meeting Agenda’s are made available to members of the media and the public on the Friday prior to the Council meeting. (2) Items initiated by Council members & Administration, to be included on the agenda, will be submitted to the CAO by the Wednesday at 4:00 p.m. prior to the Council meeting. 16. ORDER OF BUSINESS (1) The agenda prepared for each meeting shall be approved as the first order of business. (2) If an alteration to the order of business is desired for the convenience of the meeting, the Chair may make such alteration but shall not delete any portion of the business set out in the agenda. 17. ADDITIONS OR DELETIONS (1) Once the Council agenda has been published, requests to add an item to the agenda must be approved by Council. (2) The addition or deletion of agenda items after the agenda has been adopted requires a unanimous vote of Council. 18. EMERGENT BUSINESS (1) Emergent Business is an Agenda item that is not on the Agenda and because of time constraints must be brought before Council. The Emergent Business item: a. shall be considered as an addendum to the Agenda; and b. the County Manager shall provide an explanation indicating the reasons and degree of urgency. 19. MINUTES (1) The minutes of the preceding meeting shall be the second order of business, so that any errors or omissions may be corrected by the Council. (2) The Recording Secretary will prepare the minutes of each Council Meeting and will distribute a copy of the minutes with a subsequent Council Meeting Agenda. (3) Any Councillor may make a Motion requesting that the Minutes be amended to correct any inaccuracy or omission. 20. ADJOURNMENT (1) A Motion to adjourn the meeting shall be in order except: a. When a Member of Council is in possession of the floor; or b. When it has been decided that the vote be now taken; or c. During the taking of a vote 102 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 14 of 31 21. ADJOURNMENT TIME (1) Adjournment time is at the conclusion of the agenda a s adopted by Council or when a Motion to adjourn has been passed. (2) Adjournment time is no later than 4:30 p.m., unless Council adopts a unanimous Motion to proceed past that time. a. Should there be no Motion to continue to past 4:30 p.m., all Unfinished Business which appears on the Agenda shall be tabled until the next regular Meeting of Council. b. If it appears that any Unfinished Business is urgent the Chair shall call a Special Meeting to deal with such matters. 22. PROCEEDINGS (1) All discussions during a meeting must be directed through the Chair. (2) Pecuniary Interest (Conflict) a. Members of Council who have a reasonable belief that they have a pecuniary interest (as defined in the Municipal Government Act) in a matter before Council, any committee of Council or any board, commission, committee or agency to which they are appointed as a representative of Council, shall, if present, declare and disclose the general nature of the pecuniary interest prior to any discussion of the matter, abstain from discussions or voting on any questions relating to the matter and shall remove themselves from Council Chambers until the matter is concluded. The minutes shall indicate the declaration of disclosure, the time at which the Member of Council left the rooms and the time the Member of Council returned. (3) Temporary Absence a. If a member arrives late, leaves before the Meeting is adjourned, or is temporarily absent from the Meeting, the Meeting Minutes shall reflect such absence and the time of the absence. 103 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 15 of 31 (4) Speaking to Motions a. All questions or debate must be directed through the Chair. b. Members of Council wishing to speak on a matter before the meeting should indicate their intention by raising their hand and being recognized by the Chair and should not speak more than once until every Member of Council has had the opportunity to speak except: i to provide an explanation of the Member’s previous remarks if misunderstood; ii in the case of the mover, to answer questions from the floor directed to the Chair; and iii to allow the mover to close debate after the Chair has called for further discussion and all other Members have had an opportunity to be heard. c. Any member may require the question or Motion under discussion, or any portion thereof, to be read at any time during debate, but not so as to interrupt a member while speaking. (5) Interruption of Speaker a. A Member who is speaking may only be interrupted by another Member on: i A Point of Privilege; or ii A Point of Order b. A Member who is speaking when a Point of Order or Privilege is raised shall immediately cease speaking. (6) Ruling on Proceedings a. The Chair shall rule on a Point of Order or Privilege and no vote shall be taken unless there is a challenge by a Member to the ruling. (7) Recording of Motions a. The minutes shall state who made the motion and whether the motion was “carried unanimously”, “carried” or “defeated”. (8) Recorded Vote a. A Member may request a recorded vote, before any vote is taken, on any Motion. The names of each member present, and whether they vote for or against, must be included in the minutes regardless of whether or not the resolution was passed unanimously. 104 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 16 of 31 PART FIVE – MOTIONS 23. GENERAL PROVISION OF MOTIONS (1) A Motion that has been moved shall not be required to be seconded. (2) A Member may move a Motion whether or not the Member intends to support it. (3) The Chair shall not call the question on any Motion until Council or Committee is completely satisfied that it is clear on how the Motion reads. (4) A recommendation in a report does not constitute a Motion until it is moved by a Member. (5) When a Motion has been made and is being considered, no Member may make another Motion except to: a. Amend the Motion; b. Amend the amendment to the Motion; c. Withdraw the Motion; d. Refer the main Motion; e. Table the main Motion; f. Move a Motion that has privilege that is: i a Motion to recess; ii a Motion to adjourn; iii a Motion to set the time for adjournment; iv a Motion to extend the time of the Meeting; or v a Point of Privilege (6) When a Motion is before the meeting and the mover wishes to withdraw or modify it or substitute a different one in its place, and if no one objects, the Chairman shall grant permission. However, if any objection is made, it is necessary to obtain leave by Motion to withdraw and this Motion cannot be debated or amended. Once a Motion is withdrawn, the effect is the same as if it had never been made. (7) The mover of a Motion must be present when the vote on the Motion is taken. 24. DEBATE OF MOTIONS (1) Every main Motion is debatable with the exception of: a. A Motion on a point of order b. A Motion to adjourn 105 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 17 of 31 c. A Motion to table- time must be given d. A Motion to withdraw a Motion , “Lay on the Table” e. A notice of Motion 25. CLOSING DEBATE (1) A Member who moved the main Motion, may close debate after other Members have been given an opportunity to speak. (2) Before the debate is closed and the vote called, a Member may, request that the Motion be read aloud or ask a question that: a. relates directly to the debate; b. contains no argument: and c. introduces no new material on the Motion (3) When a Member has closed debate the Chair shall immediately call for a vote on the Motion. (4) When the vote has been called for on the Motion, no Member shall debate further on the Motion or speak, except to request that the Motion be read aloud or viewed on the screen. 26. MOTION TO AMEND (1) A Member may not amend a Motion or make an amendment which: a. does not relate to the subject matter of the main Motion; or b. is contrary to the main Motion. (2) Only one amendment to the main Motion and only one amendment to that amendment shall be allowed. (3) The amendment to the amendment must be voted on before the amendment. (4) An amendment to an amendment must be relevant to the amendment. (5) The main Motion shall not be debated until all amendments to it have been voted on. (6) Amendments shall be put in reverse order to which they have been moved. (7) With the exception of a Friendly Amendment, a Member, who moved a Motion, may not move an amendment to it. 27. SPLITTING MOTIONS (1) A Member may request that a Motion be divided if it contains parts that stand as complete propositions. Council and Council Committee(s) must then vote separately on each proposition. 106 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 18 of 31 28. WITHDRAWAL OF A MOTION (1) After a Motion has been moved and stated by the Chair, it is the property of the Council or Committee and may only be withdrawn by the mover with the unanimous consent of the Members present at the Meeting. (2) A Motion withdrawn shall not be recorded in the minutes. 29. MOTION TO RECESS (1) The Chair, without a Motion, may recess the meeting for a specific period. (2) Any Member may move that Council recess for a specific period. 30. MOTION TO ADJOURN (3) A Motion to Adjourn is a Motion to bring a Meeting to an end. 31. MOTION TO REFER (1) A Member may move to refer any Motion to the appropriate Committee or Administration for investigation and report. 32. MOTION TO RECEIVE FOR INFORMATION (1) A Motion to Receive for Information is made to acknowledge an item, report or recommendation. No additional action is taken. 33. MOTION ARISING (1) A Motion Arising must a. be directly related to and arise from an item which has just been considered; and b. be made before another item is in front of the meeting. 34. MOTION TO TABLE (1) A Motion to Table is made to place a main Motion and all pending amendments to the main Motion aside temporarily, with the intention of bringing them back either later in the same Meeting or at a later date for action. (2) A Motion to Table takes precedence over all other Motions connected with the Motion being tabled. (3) A Motion to Table must be made with reference to a set time, set date. (4) If the tabling Motion does not include the date of the meeting to which the tabled matter is to be brought forward, it will be brought forward to the subsequent meeting. (5) A matter tabled to a set date shall not be considered before that date, except by Special Motion. 107 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 19 of 31 35. MOTION TO LIFT FROM THE TABLE (1) A Tabled item shall be brought back with all of the Motions related to it, exactly as it was when laid on the table. (2) An item tabled to a set date shall be added to the agenda at the date without the requirement to lift from the table. 36. MOTION TO RECONSIDER (1) Once a motion is voted on by either Council, Council Committee, Commission, Board or other body established by Council, that same Motion, regardless of whether it was “carried” or “defeated”, cannot be reconsidered by Council unless: a. Six months has passed since the date that the Motion was “carried unanimously”, “carried” or “defeated”; or b. A Motion to Reconsider is carried. (2) After a Motion has been voted upon, at any time during the remainder of the current meeting or during the next regular meeting, any Member of Council who voted with the prevailing side may make a Motion to Reconsider and shall state the reason for making a Motion to Reconsider. (3) Debate on the Motion to Reconsider must be confined to reasons for or against reconsideration. (4) If a Motion to Reconsider is carried, the question on which the vote is to be reconsidered become the next order of business. (5) Reconsideration of the question shall be open to debate, voted upon and shall require the votes of a majority of the Members of Council present to carry it. (6) A Motion that has been approved for reconsideration and passes automatically suspends the previous Motion. 37. NOTICE OF MOTION (1) A Member wishing to introduce a new matter for consideration, shall submit the Motion in writing to the CAO the Wednesday at 4:00 p.m. prior to the Council meeting at which the member wishes to introduce his/her Notice of Motion. (2) All Notices of Motion received at a Meeting shall; a. Be added to the Agenda of the next Meeting; and b. Include an administration report in response to the proposed Motion. A Notice of Motion must give sufficient detail so that the subject of the Motion and any proposed Motion can be determined and it must state the date of the Meeting at which the Motion shall be made. 108 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 20 of 31 (3) A Notice of Motion cannot be made at a Special Council Meeting. 38. MOTION TO MOVE INTO CLOSED SESSION (1) A Member may make a Motion to move into closed session which must: a. be in accordance with the Freedom of Information and Protection of Privacy Act; b. Include the subject of the matters to be discussed. 39. VOTING ON MOTIONS (1) Unless otherwise specified in this Bylaw, a Motion shall be carried when a simple majority of the Members present at a Meeting vote in favour of a Motion. (2) If there is an equal number of votes for or against a Motion or Bylaw, the Motion or Bylaw is defeated. (3) Each Member present at a Meeting shall vote on every Motion unless the Member is required or permitted to abstain from voting by the Municipal Government Act or other legislation. (4) Each Member shall vote by the raising of the hand. (5) After a Motion has been put to a vote by the Chair, no Member shall speak to the question, nor shall any other Motion be made until after the results of the vote have been declared. PART SIX- PUBLIC HEARINGS 40. ADVERTISING OF PUBLIC HEARINGS (1) The advertised Notice of the Public Hearing must be published at least once a week for 2 consecutive weeks in the local newspaper to which the proposed Bylaw, Motion relates, or in which the meeting or hearing is to be held. (2) The deadline for Written Submissions to be included in the Public Hearing Agenda Package shall be included in the advertised notice. 41. WRITTEN SUBMISSIONS (1) Written Submissions received in response to the Notice of Public Hearing shall become a public record, and shall be made available to the public and will be included in the Public Hearing Agenda Package. (2) Written Submissions submitted after the advertised dead line will not be accepted. Written Submissions that contain personal attacks or have a derogatory tone shall not be included in the Public Hearing Agenda Package. (3) Individuals who have submitted a letter may only address Council at the Public Hearing on new information not contained in the letter. 109 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 21 of 31 42. COMMENCEMENT OF PUBLIC HEARINGS (1) Public Hearings shall be held during regular or special Council Meetings. (2) Council shall hold a public hearing when the MGA or other enactment requires Council to hold a public hearing on a proposed Bylaw or, a Motion or, any other matter at the direction of Council. (3) Public Hearings shall be held prior to second reading of the proposed bylaw or before Council votes on a Motion. (4) Council shall by Motion set a time, date and location of a public hearing. 43. PUBLIC HEARING AGENDA PACKAGE (1) The Public Hearing Agenda Package will be provided at the Public Hearing. 44. PRESENTING TO COUNCIL (1) Persons interested in speaking at a Public Hearing should register their name on the appropriate Speakers List (Group or Individual and either in support or in opposition) located in County reception area prior to the Public Hearing. (2) Persons addressing Council regarding the proposed Bylaw or Motion shall state: a. their name and legal or municipal address, a person who does not identify him/herself will not be given the opportunity to speak; b. an indication as to whether they are speaking on their own behalf or for another person or for a group; c. an indication as to whether they are speaking in support of or in opposition to the proposed Bylaw or Motion; d. how they are affected by the proposed Bylaw or Motion; and e. address the Chair when responding to questions or providing information. (3) A person may authorize another individual to speak on their behalf if: a. such authorization is in writing. (4) An individual may only speak once on an item. (5) Presentations by the applicant and the public may be made verbally, in writing or visually. (6) Any person who would like to present using an electronic presentation will bring their USB flashdrive to the presenter desk, where a staff member will open the file at the presenter laptop. (7) The use of maps, videos, Power Point presentations and written presentations shall be collected by the Recording Secretary to be included in the Corporate Records for the meeting and may be made available to the public upon request. 110 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 22 of 31 45. PUBLIC HEARING PROCESS (1) The Chair shall call for a Motion to go into Public Hearing. (2) The Chair shall remind everyone who is wanting to speak as a group or an individual and either in support or in opposition of the Bylaw or Motion to register their name on the appropriate speakers list. (3) The Chair shall announce that the Public Hearing may be recorded by administration to assist in the preparation of minutes and once the Public Hearing minutes are approved, the applicable recording will be destroyed. (4) The use of audio and video recording devices and camera’s by the press or the public is prohibited. (5) The Chair shall outline the Public Hearing procedures. (6) The Chair shall call upon Administration to: a. confirm the Public Hearing has been advertised in accordance with applicable legislation; b. present an overview and summary regarding the Motion, Bylaw or matter to be dealt with. (7) The Chair shall call upon the Applicant to present. a. The applicant shall state their name and present their application within a time period of 20 minutes, unless there is consent by the majority of Council to extend the allotted time. b. The Chair shall allow questions of clarification from Members to the applicant. (8) The Chair shall open the floor to presentations from the public. Individual speakers may speak for a maximum of 5 minutes. A spokesperson speaking on behalf of a group petition or group may speak for a maximum of 10 minutes. The Chair shall allow questions of clarification from Members to the individuals speaking to the proposed Bylaw or Motion. a. The Chair shall open the floor to presentations In favour of the proposed Bylaw, Motion or matter to be dealt with from the public in the following order: i The Chair will ask Administration to come forward and read the written submissions that are in favour of the proposed Bylaw, Motion or matter to be dealt with that were submitted before the advertised deadline into the record. ii The Chair shall call the names in order as they appear on the individual speakers list in favour of the proposed Bylaw, Motion or matter to be dealt with to come forward one at a time. 111 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 23 of 31 iii The Chair shall call the names in order as they appear on the group speakers list in favour of the proposed Bylaw, Motion or matter to be dealt with to come forward one at a time. b. The Chair shall open the floor to presentations in opposition to the proposed Bylaw, Motion or matter to be dealt with from the public in the following order: i The Chair will ask Administration to come forward and read the written submissions that are opposed to the proposed Bylaw, Motion or matter to be dealt with that were submitted before the advertised deadline into the record. ii The Chair shall call the names in order as they appear on the individual speakers list opposed to the proposed Bylaw, Motion or matter to be dealt with to come forward one at a time. iii The Chair shall call the names in order as they appear on the group speakers list opposed to the proposed Bylaw, Motion or matter to be dealt to come forward one at a time. (9) After hearing from those persons on the Speaker’s List in support or in opposition, the Chair shall ask if anyone else present wishes to speak in support or in opposition to the proposed Bylaw or Motion. (10) The Chair shall invite the applicant for any rebuttal to the points raised by those who spoke in favour or in opposition to the application. The rebuttal period shall last no longer than 10 minutes unless there is consent by the majority of Council to extend the allotted time. (11) The Chair shall allow questions for clarification from Members to the applicant. (12) The Chair shall declare the Public Hearing closed. (13) Once the Public Hearing is adjourned, the Chair shall advise that no further information on the matter shall be received by Council. (14) If a Public Hearing is postponed or recessed, Council shall not receive any additional submissions in relation to the subject matter until it reconvenes the Public Hearing. (15) Statutory Public Hearings must be closed before Council votes on the Bylaw. (16) After the Public Hearing is closed, Council may debate the proposed Bylaw or Motion and may do one of the following: a. amend the Bylaw or Motion; b. pass the Bylaw or Motion; or c. defeat the Bylaw or Motion. 112 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 24 of 31 (17) Members who are absent for the whole Public Hearing must abstain from voting on the matter. (18) Members who are absent for a part of the Public Hearing may abstain from voting on the matter. 46. RECORD OF NAMES AT A PUBLIC HEARING (1) The Meeting Minutes shall record the names of all persons who: a. spoke for or against; and b. provided written submission in response to the Notice of Public Hearing for or against the proposed bylaw. 113 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 25 of 31 114 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 26 of 31 PART SEVEN- BYLAWS 47. BASIC REQUIREMENTS (1) All proposed bylaws shall: a. have a Bylaw number assigned by the CAO or designate; b. have a concise title indicating the purpose of the Bylaw; c. be presented in its entirety to all Councillors present at the Meeting prior to any Motion for first reading; d. have three (3) separate distinct readings; e. be presented in its entirety including any amendments, passed after first reading to all Councillors present at the Meeting prior to any Motion for third reading; and f. not be given more than two (2) readings at one (1) meeting, unless the Councillors present at the Meeting unanimously agree to a Motion authorizing third reading. 48. INTRODUCING A BYLAW (1) Council shall hear an introduction to the proposed bylaw or Motion from Administration prior to first reading. (2) After first reading has been given, any Member may move the bylaw be read a second time. (3) When a bylaw is subject to a Statutory Public Hearing, the Public Hearing shall be held prior to second reading. 49. AMENDMENTS TO BYLAWS (1) Any amendments to the bylaw that are carried prior to the vote on third reading shall be considered to have been given first and second reading and shall be incorporated in the proposed bylaw. (2) Once a bylaw has been passed, it may only be amended or repealed by another bylaw made in the same way as the original bylaw, unless another method is specifically authorized by this Bylaw or another enactment. 50. DEFEATED BYLAWS (1) If a bylaw is defeated on third reading the previous reading s shall be rescinded. (2) A bylaw shall be rescinded if the bylaw does not receive third reading within two years from the date of the first reading. 51. EFFECTIVE DATE (1) A bylaw is effective from the date of third reading unless the bylaw or any applicable statue provides for another effective date. 115 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 27 of 31 52. BYLAWS SIGNED AND SEALED (1) The Chief Elected Official and the CAO or designate shall sign and seal the bylaw as soon as reasonably possible after third reading. PART EIGHT- CONDUCT IN MEETINGS 53. PUBLIC CONDUCT (1) The members of the public during a Meeting shall: a. not approach or speak to Council or Committee without permission of the Chair; b. maintain order and quiet; and c. not interrupt a speech or action of Council, Committee or another person addressing the Members. (2) The Chair may order a member of the public who creates a disturbance or acts improperly to be expelled from the Meeting. 54. MEMBER CONDUCT (1) During a Meeting, Members shall not: a. speak disrespectfully, use offensive words, or un-parliamentary language; b. address Members without permission; c. break the rules of Council or Committee or disturb the proceedings d. leave their seat or make any noise or disturbance while a vote is being taken or the result declared; or e. disobey the decision of the Chair on any question or order, practice or interruption. 55. BREACH OF CONDUCT (1) A Member who persist in a breach of subsection 49 (1), the Chair may request that the Deputy Reeve or in the case of a Committee, the Vice Chair, to move a Motion to remove the unruly Member from either the balance of the meeting or until a time stated in the Motion. (2) If the Motion passes, the Chair shall direct the Member to leave the Meeting. (3) Where the Chair has directed a Member to leave the Meeting and the Member makes a satisfactory explanation and apology, the Members may, by Motion, allow the offending Member to remain in or return to the Meeting. 116 2021.09.14 Adopted Council Meeting Package 117 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 29 of 31 Contents PART ONE – INTRODUCTION......................................................................................................................... 1 1. TITLE .................................................................................................................................................. 1 2. DEFINITIONS ...................................................................................................................................... 1 PART TWO – ROLES ....................................................................................................................................... 4 3. REEVE ................................................................................................................................................ 4 4. DEPUTY REEVE .................................................................................................................................. 4 PART THREE-COUNCIL & COMMITTEE MEETINGS ........................................................................................ 5 5. QUORUM .......................................................................................................................................... 5 6. REGULAR MEETINGS OF COUNCIL .................................................................................................... 5 7. CANCELLATION OF MEETINGS .......................................................................................................... 6 8. SPECIAL MEETINGS ........................................................................................................................... 6 9. ORGANIZATIONAL MEETINGS ........................................................................................................... 6 10. COMMITTEE OF THE WHOLE MEETINGS ...................................................................................... 7 11. DELEGATIONS AT COUNCIL MEETINGS ......................................................................................... 8 12. CLOSED SESSION ........................................................................................................................... 9 13. MEETING THROUGH ELECTRONIC COMMUNICATIONS ............................................................. 10 14. RECORDING, BROADCASTING AND/OR STREAMING COUNCIL /SPECIAL/ORGANIZATIONAL MEETINGS ............................................................................................................................................... 11 PART FOUR- AGENDA .................................................................................................................................. 12 15. AGENDA PREPARATION & DISBURSEMENT ................................................................................ 12 16. ORDER OF BUSINESS ................................................................................................................... 13 17. ADDITIONS OR DELETIONS .......................................................................................................... 13 19. MINUTES ..................................................................................................................................... 13 20. ADJOURNMENT ........................................................................................................................... 13 21. ADJOURNMENT TIME ................................................................................................................. 14 22. PROCEEDINGS ............................................................................................................................. 14 PART FIVE – MOTIONS ................................................................................................................................ 16 23. GENERAL PROVISION OF MOTIONS ............................................................................................ 16 24. DEBATE OF MOTIONS ................................................................................................................. 16 25. CLOSING DEBATE ........................................................................................................................ 17 26. MOTION TO AMEND ................................................................................................................... 17 118 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 30 of 31 27. SPLITTING MOTIONS ................................................................................................................... 17 28. WITHDRAWAL OF A MOTION ..................................................................................................... 18 29. MOTION TO RECESS .................................................................................................................... 18 30. MOTION TO ADJOURN ................................................................................................................ 18 31. MOTION TO REFER ...................................................................................................................... 18 32. MOTION TO RECEIVE FOR INFORMATION .................................................................................. 18 33. MOTION ARISING ........................................................................................................................ 18 34. MOTION TO TABLE ...................................................................................................................... 18 35. MOTION TO LIFT FROM THE TABLE ............................................................................................ 19 36. MOTION TO RECONSIDER ........................................................................................................... 19 37. NOTICE OF MOTION .................................................................................................................... 19 38. MOTION TO MOVE INTO CLOSED SESSION ................................................................................ 20 39. VOTING ON MOTIONS ................................................................................................................ 20 PART SIX- PUBLIC HEARINGS ....................................................................................................................... 20 40. ADVERTISING OF PUBLIC HEARINGS ........................................................................................... 20 41. WRITTEN SUBMISSIONS .............................................................................................................. 20 42. COMMENCEMENT OF PUBLIC HEARINGS ................................................................................... 21 43. PUBLIC HEARING AGENDA PACKAGE .......................................................................................... 21 44. PRESENTING TO COUNCIL ........................................................................................................... 21 45. PUBLIC HEARING PROCESS ......................................................................................................... 22 46. RECORD OF NAMES AT A PUBLIC HEARING ................................................................................ 24 PART SEVEN- BYLAWS ................................................................................................................................. 26 47. BASIC REQUIREMENTS ................................................................................................................ 26 48. INTRODUCING A BYLAW ............................................................................................................. 26 49. AMENDMENTS TO BYLAWS ........................................................................................................ 26 50. DEFEATED BYLAWS ..................................................................................................................... 26 51. EFFECTIVE DATE .......................................................................................................................... 26 52. BYLAWS SIGNED AND SEALED..................................................................................................... 27 PART EIGHT- CONDUCT IN MEETINGS ........................................................................................................ 27 53. PUBLIC CONDUCT ........................................................................................................................ 27 54. MEMBER CONDUCT .................................................................................................................... 27 55. BREACH OF CONDUCT ................................................................................................................. 27 119 2021.09.14 Adopted Council Meeting Package Bylaw No. 1821 Meeting Procedures Bylaw Page 31 of 31 56. CHALLENGE TO THE RULING OF THE CHAIR ............................................................................... 28 PART NINE- TRANSITION ............................................................................................................................. 28 57. SEVERABILITY .............................................................................................................................. 28 58. EFFECTIVE DATE .......................................................................................................................... 28 59. BYLAW REPEAL ............................................................................................................................ 28 120 2021.09.14 Adopted Council Meeting Package REQUEST FOR DECISION AGENDA ITEM # 8.3 Page 1 of 2 Version: 2020-02 Subject: Increasing Knowledge-Sharing Among Regulators of Cannabis Production Facilities Meeting Date: Tuesday, September 14, 2021 Prepared By: Jerritt Cloney, Municipal Intern (Town of Three Hills, AB) Presented By: Jerritt Cloney, Municipal Intern (Town of Three Hills, AB) Link to Strat Plan: Level of Service Recommended Motion: That Council forward the attached resolution to the Central District of RMA, supporting the following two Operative Clauses: THEREFORE, BE IT RESOLVED The Rural Municipalities of Alberta collaborate with the Federation of Canadian Municipalities to advocate to Health Canada that municipalities be given open and continuous access to information on sites of cannabis production; and FURTHER BE IT RESOLVED THAT The Rural Municipalities of Alberta advocate to Health Canada that municipalities be given open and continuous information to verify compliance or prevent non-compliance among registered cannabis producers. Background/ Proposal This Request for Decision follows from a previous motion (166/21), passed by Council, requesting Administration to initiate a conversation with RMA and FCM to lobby for more access to information relevant to cannabis production within municipalities. Following the previous motion, Administration began exploring current gaps in legislation concerning two primary issues: the limited access to information municipalities have to enforce local land-use regulations; and the lack of effective compliance monitoring and reporting to municipalities of previously approved sites to grow cannabis. The Recommended Motion addresses these two concerns, with supplemental information provided within the attached resolution. Through the research conducted, Administration communicated with proponents of other related resolutions concerning cannabis production within municipalities, Health Canada, and other bodies relevant to drafting the resolution. From this research, Administration was able to determine that within the current legislative framework, there is no way for municipalities to determine from Health Canada where sites of cannabis production may have been approved within a municipalities’ borders. This limits the municipalities’ ability to apply local land-use regulations proactively. Discussion/ Options/ Benefits/ Central to the issues discussed within the attached resolution are the tensions observed between Health Canada and local municipalities. As the federal administrator for providing individuals with a variety of licenses to grow cannabis in 121 2021.09.14 Adopted Council Meeting Package REQUEST FOR DECISION AGENDA ITEM # 8.3 Page 2 of 2 Version: 2020-02 Disadvantages: residential contexts - including for medicinal purposes - Health Canada has communicated that those individuals who use cannabis have a right to safety and security regarding their ability to medicate with cannabis. However, the current access to information regarding sites of cannabis production is currently limited to anecdotal evidence or voluntary disclosure from site owners/operators. The result is that individuals who may be either operating entirely illegal operations or individuals who have been granted a license to grow cannabis are effectively beyond the municipalities knowledge, which presents a potential risk to both residents and property. This resolution has attempted to put forward a comprise that balances an individual’s right to privacy and security with the municipality’s ability to govern land- use activities effectively. Benefits from supporting this resolution include putting forward this resolution in front of other rural municipalities, which may also endorse this resolution. With enough support, this resolution could be advocated for on behalf of all RMA members to bring more effective governing processes in regulating sites of cannabis production. Administration welcomes any feedback that Members of Council may be willing to provide. Financial Implications: N/A Council Options: 1. Support the attached resolution for the purposes of seeking endorsement from other members of District 2 (Central) of the Rural Municipalities of Alberta; or 2. Provide further direction for the attached resolution; or 3. Decline support for the attached resolution. 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: Increasing Knowledge-Sharing Among Regulators of Cannabis Production Facilities Follow-up Actions: A member of Council would present the attached resolution at the Central District RMA Meeting, scheduled for Oct 15, 2021. CAO Approval: Mike Haugen, Chief Administrative Officer 122 2021.09.14 Adopted Council Meeting Package September 3, 2021 Increasing Knowledge-Sharing Among Regulators of Cannabis Production Facilities Kneehill County Preamble: WHEREAS governing, managing, and enforcing cannabis legislation is a joint responsibility shared by the federal, provincial/territorial, and municipal governments; and WHEREAS under the Cannabis Act, cannabis may be grown in various quantities depending on the specified purpose, as permitted by Health Canada, creating significant variance in the size of cannabis operations that may be deemed “legal”; and WHEREAS all individuals wishing to obtain any of the available federal licences to grow, process, or sell cannabis are expected to comply with all applicable provincial or territorial laws, as well as municipal bylaws (e.g., zoning and building permits); and WHEREAS individuals seeking licences, or having obtained licences, to cultivate, process, or sell cannabis from Health Canada for medicinal purposes are expected to notify the municipality of planned growing activities, however, are not required to obtain confirmation that municipal requirements have been met; and WHEREAS instances of non-compliance or contravention of existing land use regulations have been difficult municipalities to observe and/or take action against, due to a lack of knowledge of legal sites of cannabis production currently operating within the municipality’s borders; and WHEREAS municipalities lack of knowledge on sites of cannabis production has allowed the opportunity for individuals who have been licensed to grow small quantities of medical cannabis to abuse this license to grow excessive quantities; and WHEREAS municipalities are responsible for land-use zoning and permitting of activities within their borders, which includes where cannabis can be commercially grown, processed, sold, and consumed; and WHEREAS municipalities often struggle to manage land-use activities and conduct compliance monitoring on facilities producing cannabis because consistent information on the nature of such facilities is not available to municipalities; and WHEREAS the risks to individuals or property related to the production of cannabis cannot be addressed or mitigated by municipalities without the municipality being aware of such activities taking place within its borders; and WHEREAS there is currently no system available for municipalities to acquire information on planned or existing sites of cannabis production from other levels of government that currently possess that information; and 123 2021.09.14 Adopted Council Meeting Package 2 WHEREAS absent of any permitted sources to provide information on legal sites of cannabis production, the only means by which municipalities may learn of sites of cannabis production come in the form of voluntary disclosure from the cannabis producer to the municipality, or if an individual lodges an official complaint to the municipality; and WHEREAS existing gaps in cannabis legislation prevents municipalities from accurately distinguishing between legal and illegal growing operations; and WHEREAS municipalities recognize that individuals have a right to privacy, particularly as it relates to medicating for medical conditions or ailments, and that the enforcement of local legislation must respect these rights to privacy; Operative Clause: THEREFORE, BE IT RESOLVED The Rural Municipalities of Alberta collaborate with the Federation of Canadian Municipalities to advocate to Health Canada that municipalities be given open and continuous access to information on all licensed sites of cannabis production within their boundaries. And FURTHER BE IT RESOLVED THAT The Rural Municipalities of Alberta advocate to Health Canada that municipalities be given open and continuous information for the purposes of compliance monitoring and enforcement, including the results of any investigation conducted by an “inspector,” as described within the Cannabis Act. Member Background: At present, regulations surrounding cannabis cultivation are problematic, with each level of government responsible for various capacities in regulating the cannabis industry, from growing and cultivation down the supply chain to consumers of cannabis products. Within the current cannabis regime, there is nuance and complexity within each facet of the industry. From the number of licences available for producers to grow, cultivate, and distribute cannabis products to the rules governing processors and retailers, there is a need to provide accurate and dependable information to all involved in this industry. However, there are currently significant gaps in legislation that prevent this reliable information from being accessed by municipalities. This resolution aims to uncover the significant challenges currently experienced by municipalities to regulate land use applications and permit issues related to sites of cannabis production. Specifically, this resolution aims to discuss: 124 2021.09.14 Adopted Council Meeting Package 3 i) the limited ability municipalities have to determine the existing scope of cannabis producers within a municipality's borders, and ii) the challenges municipalities face to enforce land-use bylaws due to lack of information necessary to enforce zoning and permitting regulations, where applicable. Under the Cannabis Act, the federal government is responsible for setting industry-wide standards for the cannabis industry, such as the legality of the substance, health and safety requirements, and rules surrounding medical cannabis, and others, which Health Canada fulfills. Licences for cannabis cultivation from Health Canada often include an expectation from applicants to notify local authorities. However, this requirement is problematic because only some, but not all, licences for sites of cannabis production require notification to be provided to municipalities. In addition, the nature of the “requirement” itself would better be described as an “expectation,” as no communication is conveyed to the municipality that Health Canada has received an application, or provided approval, for sites of cannabis production to operate within the municipality. Within the Cannabis Licensing Application Guide, "notice to local authorities" is a requirement of only a fraction of prospective cannabis growers. Furthermore, there is currently no way for the “local authorities” to ascertain who has been granted a license by Health Canada who has not, leaving uncertainty as to who may be growing cannabis legally, and who may be growing cannabis illegally. Specific to Kneehill County, anecdotal accounts have indicated that individuals within the County are growing cannabis in greater amounts than what is permitted under "recreational use," as identified by the Cannabis Act. By consequence of the County not being effectively included in the approval process nor having reliable access to up-to-date information of what standards one is expected to abide by as a condition of one's federal license, the County is left struggling to manage these sensitive activities that require effective government oversight. Specific issues that have arisen included suspected cannabis growing through inaccurate or disingenuous development applications, suspected alterations made to buildings that would not satisfy current building codes, and concern of criminal activity operating within the municipality’s borders. Without having information on who is permitted to grow cannabis and details pertaining to the quantities and other logistical information, the municipality can only attempt to manage from what is disclosed to them by cannabis growers voluntarily providing this information. Voluntary disclosure, however, is not the norm, which prompts Kneehill County to raise these concerns with other RMA members and with Health Canada. In discussing the issues experienced within Kneehill County, specific details have been identified by the County as worthy of consideration for what specific site information would likely benefit all municipalities. These details include: • The name of the individual permitted to grow cannabis plants. • The date an individual was granted a license to grow cannabis for medicinal purposes. • The expiry date of said license. 125 2021.09.14 Adopted Council Meeting Package 4 • The location of the site. • The number of plants permitted to be grown on the premises. • Any alterations made to previously held agreements between an individual and Health Canada, that would affect the application of local legislation. In conjunction with this resolution, two other resolutions pertaining to cannabis legislation have been identified as relevant to the issues proposed and remedies discussed. First, Personal Cannabis Production for Medical Use has been put forward by Wheatland County as a RMA resolution. This resolution seeks to include municipal governments in the approval process of growing cannabis for medicinal purposes by proposing that all municipalities "sign off" on the proposed Cannabis Production Facility as a prerequisite to receiving approval from Health Canada. Second, Improving the Medical Cannabis Regime was a FCM resolution put forward by The Town of East Gwillimbury, Ontario, which sought to "propose amendments to the Cannabis Act that will remedy the problems experienced by municipalities." These issues are wide- ranging but largely stem from the system of licensing and regulation put in place by the federal government to oversee the cannabis industry. Included in these issues is a lack of communication between Health Canada and municipalities, where advance notice to municipalities need not be required for planned growing activities, nor evidence provided that cannabis growers are compliant with local regulations, which has led to issues of non- compliance with zoning bylaws and failing to meet building codes within municipalities. The resolution proposed here within aims to supplement each of these previous resolutions by: expanding on the access to information made available to municipalities by Health Canada to a permanent form of access to information, and expand on the existing compliance monitoring taking place for currently-approved sites of cannabis production. As a result of the issues identified, there is a profound need for Health Canada and the municipalities across Canada to create a more effective manner in which municipalities can access information on sites of cannabis production. Recognizing that individuals have a right to privacy, this resolution puts forward that only the information necessary to enforcing land-use regulations would be made available to municipalities to mitigate any concerns over personal, sensitive information. Furthermore, if all sites of cannabis production within a municipality were made available to the municipality, sites of illegal activity could be easily identified, and proper courses of action could be taken. As Canada contends with the effects of changes in federal drug policy, this resolution advocates for recognizing cannabis as a legalized substance, not deregulated. With this distinction comes the need for greater coordination among various branches of government to ensure the safety and well-being of all individuals. 126 2021.09.14 Adopted Council Meeting Package REQUEST FOR DECISION AGENDA ITEM # 8.4 Page 1 of 1 Version: 2020-02 Subject: RCMP Meeting at RMA Meeting Date: Tuesday, September 14, 2021 Prepared By: Mike Haugen, CAO Presented By: Mike Haugen, CAO Link to Strat Plan: Level of Service Recommended Motion: That Council accept the invitation to meet at the RMA Convention from the RCMP for information, as presented. Background/ Proposal As in normal in the lead up to RMA Conventions, various agencies and ministries contact municipalities to arrange meetings, should the time be available. At this time, the RMA Conference is slated to move forward in person. The County has been invited to meet with the RCMP (K Division). This is a normal request received each year. They are asking for a response by September 20th. Discussion/ Options/ Benefits/ Disadvantages: Meetings with the RCMP are generally for the purpose of discussing topics that are broader than those that can be dealt with at the detachment level. At this time, Administration is not aware of any outstanding or new issues that the County would like to discuss with the RCMP. The RCMP is aware of staffing issues and of concerns regarding rural crime. Financial Implications: NA Council Options: 1. Council may accept the invitation and request a meeting with the RMCP. 2. Council may accept the invitation for information only, in which case a meeting would not be requested. 3. 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: NA Follow-up Actions: Administration will inform the RCMP accordingly. CAO Approval: Mike Haugen, Chief Administrative Officer 127 2021.09.14 Adopted Council Meeting Package REQUEST FOR DECISION AGENDA ITEM # 8.5 Page 1 of 2 Version: 2020-02 Subject: Bylaw 1847- Texas Gate Meeting Date: Tuesday, September 14, 2021 Prepared By: Carolyn Van der Kuil, Legislative Services Coordinator Presented By: Mike Haugen, CAO Link to Strat Plan: Level of Service Recommended Motion: That Council provide first reading to Bylaw 1847, that being a bylaw for the installation of two Texas Gates located at: • North of Township Road 31-0 on Range Road 23-3 approximately 20 metres from intersection and; • North of Township Road 31-0 on Range Road 23-3 approximately one mile. Background/ Proposal A request was made from a resident requesting to install a Texas Gate on Kneehill County’s road allowance. Discussion/ Options/ Benefits/ Disadvantages: Range Road 23-3, north of Township Road 31-0 is a black dirt trail, and the applicant is requesting two Texas Gates installed one at each end of the section to allow for grazing. The same owner owns the property on both sides of the black dirt trail. Policy 13-29, Texas Gate applies only to non-through, unmaintained road allowances. As per Policy 13-29, Texas Gate, it states that Council through Bylaw needs to approve this request. The Bylaw should include: • a diagram of the placement of said Texas Gate(s) • the criteria for the construction of the said Texas Gate(s) • Texas Gate Agreement • Policy applies only to non-through, unmaintained road allowances Transportation’s comments are: As this road is a through road, continuing on from Township Road 31-0 to Highway 27, with ½ mile closest to Highway 27 being a gravel road, it is recommended that a Texas Gate not be installed as there could be potential maintenance issues. There could also be potential safety issues for road users as it would allow livestock on the roadway. Financial Implications: There are no financial implications to the County as all costs and removal of dirt, gravel, snow, or any other material that settles beneath the Texas Gate are the responsibility of the applicant. Council Options: 1. Provide all three reading to Bylaw 1847 2. Provide first reading to Bylaw 1847 and direct Administration to provide further information. 3. Receive for information. 128 2021.09.14 Adopted Council Meeting Package REQUEST FOR DECISION AGENDA ITEM # 8.5 Page 2 of 2 Version: 2020-02 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 1847- Texas Gate Bylaw Texas Gate Agreement Policy 13-29, Texas Gate Policy Follow-up Actions: CAO Approval: Mike Haugen, Chief Administrative Officer 129 2021.09.14 Adopted Council Meeting Package BYLAW NO 1847 TEXAS GATE BYLAW A BYLAW OF KNEEHILL COUNTY, IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE OF AUTHORIZING THE INSTALLATION OF TEXAS GATES WHEREAS, pursuant to Section 18(1) of the Municipal Government Act, being Chapter M-26 of the Revised Statues of Alberta, 2000, and amendments thereto, a municipality has the direction, control and management of all roads within the municipality; AND WHEREAS, pursuant to Section 7(h) of the Municipal Government Act, being Chapter M-26 of the Revised Statues of Alberta, 2000, and amendments thereto, a municipality may pass bylaws respecting wild and domestic animals and activities in relation to them; AND WHEREAS, a request has been made to construct and install Texas Gates across municipal road allowances at the following described location. North of Township Road 31-0 on Range Road 23-3 approximately 20 metres and; North of Township Road 31-0 on Range Road 23-3 approximately one mile. And the approximate location of the said Texas Gates is shown in the sketch below. NOW THEREFORE, the Council of Kneehill County, duly assembled, enacts as follows: PART ONE INTRODUCTION 130 2021.09.14 Adopted Council Meeting Package Bylaw No. 1847, Texas Gate Bylaw Page 2 of 3 1. Permission to install Texas Gates as shown above with the following terms and conditions. a. A written agreement must be entered into with Kneehill County whereby the person requesting the installation agrees to accept total responsibility for the said Texas Gate including maintenance. b. A Bylaw must be passed the Kneehill County Council authorizing the said installation. c. The Texas Gate must comply with certain specifications as set out below. i. Width (across road) – 20 feet ii. Length 7 feet iii. Two (2) 8-inch support beams must be placed (one at each end of the Texas Gate- lying across the gate i.e. parallel to the road) iv. Four 4-inch by six-inch steel beams are required and must be placed across the gate i.e. parallel to the road v. Texas Gate must be placed on pre-cast cement footings and must be constructed of steel beams. Wooden ties such as railway ties are not permitted. 131 2021.09.14 Adopted Council Meeting Package Bylaw No. 1847, Texas Gate Bylaw Page 3 of 3 PART TWO TRANSITION 1. SEVERABILITY (1) If a portion of this bylaw is found by a court of competent jurisdiction to be invalid, the invalid portion will be voided, and the rest of the bylaw remains valid and effective. 2. EFFECTIVE DATE (1) This bylaw comes into effect upon third reading of this bylaw. READ a first time on this 14th day of September 2021. READ a second time on this 14th day of September 2021. UNANMOUS permission for third reading given in Council on the 14th day of September 2021. READ a third time and final time of this 14th day of September 2021. Reeve Jerry Wittstock Chief Administrative Officer Mike Haugen Date Bylaw Signed 132 2021.09.14 Adopted Council Meeting Package TEXAS GATE AGREEMENT THIS AGREEMENT made effective September 1, 2021, between: KNEEHILL COUNTY BOX 400 THREE HILLS, ALBERTA T0M 2A0 (Hereinafter called the “County”) and ED MILLER Box 60 Acme, AB T0M 0AO (Hereinafter called the “Applicant”) The applicant hereby makes application to the County for authority to construct Texas Gates across County Road allowances at the following locations: North of Township Road 31-0 on Range Road 23-3 approximately 20 metres from intersection and; North of Township Road 31-0 on Range Road 23-3 approximately one mile. The parties mutually agree as follows: Signed this _________ day of ________________, 2021. _________________________ _________________________ Reeve, Kneehill County Ed Miller ________________________ _________________________ CAO, Kneehill County TERMS & CONDITIONS 1. The Texas Gate shall be constructed in accordance with Bylaw No 1847. 2. The “Applicant” will install the said Texas Gate at their own expense and acknowledges that the “County” may remove, at the expense of the applicant, the Texas Gate at any time if the “County” deems it necessary for any reason. 3. The Texas Gate must have a 20-meter setback from the nearest intersecting Township/Range Road. 4. That the “County” be absolved of any and all legal liability in connection with the installation or use of the Texas Gate. 5. That the “Applicant” shall be responsible for the cost and removal of dirt, gravel, snow, or any other material that settles beneath the Texas Gate. 6. The ownership of the said Texas Gate will not change, and the said Texas Gate shall remain the property of the “Applicant”. 7. The applicant has no authority to transfer any rights or privileges in respect to the said Texas Gate except with the written permission of the County. 133 2021.09.14 Adopted Council Meeting Package KNEEHILL COUNTY POLICY SECTION: Transportation POLICY TITLE: Texas Gates POLICY NUMBER: 13-29 Purpose: To establish a policy for the provision of Texas Gates Policy Guidelines: This policy was adopted by Council because the new Municipal Government Act does not provide for texas gates as did the old Municipal Government Act. To apply ONLY to non-through, un-maintained road allowances: 1. Council, upon request from a person who is an owner, purchaser or lessee of land, may by bylaw, authorize that person to construct a texas gate across a municipal road allowance at the place and according to the specifications and conditions that may be contained in the bylaw. 2. The requestor of the texas gate shall provide the municipality with a diagram indicating the proposed location of the said texas gate. 3. The attached specification sheet, indicating the criteria for the construction of the said texas gate shall form part of this bylaw. 4. The Texas Gate Agreement shall form part of this bylaw. 5. The following are the required MINIMUM specifications to govern the installation of texas gates on any Kneehill County road allowance. 1. A written agreement must be entered into with the Municipality of Kneehill County, whereby the person requesting the installation of the texas gate agrees to accept total responsibility for the said texas gate including maintenance of same. 2. A bylaw must be passed by the Municipality of Kneehill County authorizing the said installation. 3. The texas gate must comply with certain specifications as set out below: 4. THESE ARE MINIMUM REQUIREMENTS a. Width (across the road allowance) Twenty feet (20.0 ft.) b. Length Seven feet (7 ft.) c. Two (2) eight inch (8”) support beams must be placed (one at each end of the texas gate – lying across the gate i.e. parallel to the road – see diagram. d. Four (4) four inch by six inch (4”x 6”) steel beams are required and must be placed across the gate i.e. parallel to the road – see diagram on next page e. Texas gate must be placed on pre-cast cement footings and must be constructed of steel beams. Wooden ties, such as railway ties, are not permitted. 134 2021.09.14 Adopted Council Meeting Package Approval Date Oct 8/96 Approved by: Regular Council Resolution 1. Amendment Date Apr 25/02 Policy Review Committee Resolution 2. Amendment Date Apr12, 2005 Regular Council Resolution #175/05 3. Amendment Date 135 2021.09.14 Adopted Council Meeting Package ADDITION TO AGENDA North facing at TWP 310 and RR 23 136 2021.09.14 Adopted Council Meeting Package ADDITION TO AGENDA Pictures of Texas Gate 23-3. North facing at quarter line on 23-3 between TWP 31-0 and HWY 27 137 2021.09.14 Adopted Council Meeting Package REQUEST FOR DECISION AGENDA ITEM # 11.0 Page 1 of 1 Version: 2020-01 Subject: Council Follow-up Action List Meeting Date: Tuesday, September 14, 2021 Presented By: Mike Haugen, CAO Link to Strat Plan: Level of Service Recommended Motion: That Council receive for information the Council Follow-up Action List 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: September 14, 2021 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 138 2021.09.14 Adopted Council Meeting Package Meeting Date Motion #Description/Motion Action Required Assigned To Due Date Status 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.Laurie Watt Project completion by the end of Summer 2021. 24-Mar-20 169/2020 Deputy Reeve McGhee moved that Council direct administration to bring back the Procedural Bylaw for revision immediately following the conclusion of the COVID-19 event.COMPLETED Carolyn Van der Kuil Second Reading coming to Council September 14th, 2021 09-Feb-21 53/21 Councillor King moved that Kneehill County commit to proceed with the appropriate legislative steps prescribed in the MGA of Alberta that will allow for the implementation of the bylaw(s) required to be able to provide financial backing, in the form of Security, to the Town of Trochu for the borrowing of up to $20 Million, for a period of time not to exceed four (4) years. The understanding is that the provided Security, if appropriate bylaws are passed, will support the Town of Trochu in obtaining interim (bridge) project financing during the construction of the Trochu Senior’s Supportive Living Facility. Mike Haugen Agreement with Town of Trochu has been approved by the Town and is currently being finalized 23-Feb-21 109/21 Councillor Penner moved that Council continue the Capital Newspaper Delivery Program for 2021, and that staff be directed to develop a pay for service program to begin in 2022 offered to ratepayers who do not get the Three Hills Capital in the mail. Christine Anderson In Progress 09-Mar-21 123/21 Deputy Reeve McGhee moved that administration submit an application under the Provincial Education Requisition Credit (PERC) for the uncollectable Education Requisition and the uncollectable Designated Industrial Property Requisition on these Oil & Gas Properties.Marika Von Mirbach In Progress; the application intake for this grant is not until January 2022. 23-Mar-21 139/21 Councillor Penner moved that Council direct administration to cancel the current agreement with R&D Pilot Truck Ltd for the hauling of gravel to the Hiller Stockpile and enter into an agreement to sell the remainder of gravel located at the Delia pit at a cost recovery.Mike Haugen Draft agreement is being prepared. 13-Apr-21 166/21 Councillor King moved that Council direct Administration to initiate a conversation with RMA and FCM to lobby for more access to information relevant to cannabis production within municipalities.Mike Haugen Slated for September 14th Regular Council Meeting 27-Apr-21 185/21 Councillor King moved that Council direct administration to continue the exploration of assuming ownership and operation of the Orkney Water Co-op under the supported guidance of Council to restrict flow at all connections.John McKiernan An email was forwarded to the Orkney Coop in regards to Environmental Services position on flow restriction. Still waiting on a response. 11-May-21 230/21 Councillor Christie moved that Council direct administration to come back to a future Council meeting and present options for agricultural exemptions for Road Bans.Director of Infrastructure In Progress 20-Jul-21 287/21 Deputy Reeve McGhee moved that Council direct administration to explore further Options A, C, D and E and bring back to Council to a future meeting.COMPLETED John McKiernan See Motion 311/21 20-Jul-21 288/21 Councillor King moved that Council direct administration that once the County has the financial background regarding the Three Hills East Water Delivery Options, that the County then complete a public engagement with the residents. Christine Anderson Council Action Items 139 2021.09.14 Adopted Council Meeting Package Meeting Date Motion #Description/Motion Action Required Assigned To Due Date Status Council Action Items 17-Aug-21 308/21 Councillor King moved that Council declare an Agricultural Disaster in Kneehill County.COMPLETED 17-Aug-21 309/21 Deputy Reeve McGhee moved that Council provide first reading to proposed Bylaw 1844, for the purpose of amending Land Use Bylaw 1808 by redesignating a portion of the NE 21- 33-26 W4, Plan 141 2515, Block 2, Lot 1 from the Agriculture District to Light Industrial (Section 102 of Land Use Bylaw 1808).COMPLETED 17-Aug-21 310/21 Councillor King moved that Council schedule the Public Hearing, as per Section 230 & 692 of the Municipal Government Act, to be held on September 14, 2021 at 10:00 a.m.Barb Hazelton On the September 14th Agenda 17-Aug-21 311/21 Councillor King moved that Council direct administration to pursue the Three Hills East Water Feasibility Study as per the proposal from the consultant, with funding from 2021 operating budget as a special project.John McKiernan In Progress 17-Aug-21 312/21 Deputy Reeve McGhee moved that Council approve second reading of Bylaw 1800 Traffic Control as presented.COMPLETED Third reading to Bylaw 1800 will be on the September 14th Agenda 17-Aug-21 313/21 Councillor Penner moved to direct administration to draft a letter to railway companies to request them to mow their right of ways along the train tracks within the hamlets of Kneehill County. COMPLETED Deb Grosfield 17-Aug-21 314/21 Deputy Reeve McGhee moved that Council approve the Kneehill Area Mutual Aid Agreement, dated August 2021, with the municipalities of Acme, Carbon, Linden, Three Hills and Trochu for the purposes of mutual aid fire and emergency responses within each other’s jurisdictions.COMPLETED 17-Aug-21 315/21 Councillor Penner moved that Council accept the RCMP Quarterly Report and Kneehill County Enforcement Report as presented.COMPLETED 17-Aug-21 316/21 Councillor Penner moved that Council approves the 2022- 2024 Three-Year Operating (Appendix A) and Five-Year Capital (Appendix E) Forecasts as presented.COMPLETED 17-Aug-21 317/21 Councillor Christie moved that Council approve the creation of a Disaster Recovery Reserve and that a contribution of $179,090 be approved, related to the DRP funds received from 2018 Overland Flooding.COMPLETED 17-Aug-21 318/21 Deputy Reeve McGhee moved that Council approve a contribution of $134,997, for PERC funds received, to the Revenue Stabilization Reserve.COMPLETED 17-Aug-21 319/21 Councillor Keiver moved that Council approve all contributions received in 2021, for revenue related to the Gravel Blitz, be placed in the Gravel Reserve.COMPLETED 17-Aug-21 320/21 Councillor Penner moved that Council approve an additional draw of $367,081 from the reserves detailed in Appendix C (Over Budget Funding Source) to fund capital projects which are over budget.COMPLETED 17-Aug-21 321/21 Councillor King moved to amend the funding source for the Hastie Highway project from the bridge reserve to utilize MSI funding in the amount $2,900,000.COMPLETED 17-Aug-21 322/21 Deputy Reeve McGhee moved that Council receive the Quarterly Financial Report, for the Period ending June 30, 2021, for information.COMPLETED 17-Aug-21 323/21 Councillor Penner moved that Kneehill County transfer the title for Plan 5591FI, Block 6, Lot 4 to Kneehill County pursuant to the Municipal Government Act, Section 424(1).Bill McKennan 140 2021.09.14 Adopted Council Meeting Package Meeting Date Motion #Description/Motion Action Required Assigned To Due Date Status Council Action Items 17-Aug-21 324/21 Deputy Reeve McGhee moved that Council declares the parcel located at Plan 5591FI, Block 6, Lot 4 as surplus and directs administration to sell the property as per the Disposition of Surplus Lands Policy #16-16.Bill McKennan 17-Aug-21 325/21 Councillor Penner moved that Council provide first reading to Bylaw 1846, that being a bylaw for the purpose of regulating meeting proceedings for Council and Council Committee meetings. Second reading coming to Council on September 14, 2021 17-Aug-21 326/21 Councillor Penner moved that Council authorize the attendance of Deputy Reeve McGhee and Councillor King to attend the 2021 Three Hills Community Discovery Night.COMPLETED 17-Aug-21 327/21 Councillor Penner moved that Council provide sponsorship to the Kneehill 4-H Multi-Club in the amount of $500.00 to help cover the costs of hosting the 4-H Archery Camp in Carbon. COMPLETED 17-Aug-21 328/21 Councillor Christie moved that Council authorize the attendance of Reeve Wittstock and Deputy Reeve McGhee to the Justice and Solicitor General Meeting that was held on July 23, 2021. COMPLETED 17-Aug-21 329/21 Councillor Christie moved that Council directs administration to proceed in partnering with Community Futures Wild Rose to implement the Community Business Investment Program and directs administration to bring the associated policy to Council for decision. Jacqueline Buchanan In Progress, Policy being created. 141 2021.09.14 Adopted Council Meeting Package AMENDMENT SUMMARY Council Meeting Date: September 14, 2021 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: Additions under Community Services- Planning 5.4.2- Withdrawal of Redesignation for Portion of NE 21-33-26 W4, Plan 141 2515, Block 2, Lot 1 Additions under Council and Committee Reports 10.1 Canadian Badlands Ltd. 10.2 Three Hills Discovery Fair Package: 5.4.2- Withdrawal of Redesignation for Portion of NE 21-33-26 W4 • RFD 6.1 Pine Cliff Energy Ltd. Tax Deferral Agreement Request • Letter from Pine Cliff 8.5- Bylaw 1847- Texas Gate • Pictures of Black Dirt Trail 142 2021.09.14 Adopted Council Meeting Package