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HomeMy WebLinkAbout2022.02.08 Council Meeting Adopted PackageCOUNCIL MEETING AGENDA 1600-2nd Street NE Three Hills, AB T0M 2A0 February 8, 2022 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 January 11, 2022 3.0 Appointments No Appointments Scheduled 4.0 Infrastructure- Roads/Bridges/Water/Wastewater/Environment 4.1 Agricultural Industry Road Ban Exemption Options 5.0 Community Services 5.1 Planning 5.1.1 Policy 5-18 Location Filming Policy 5.2 Agricultural Service Board & Parks 5.2.1 Policy #12-5, Drone Policy 5.2.2 Policy #12-4, Trails and Pathways Policy 5.2.3 2022 BMO Stampede Farm Family Award 5.3 Protective Services No Report 5.4 Economic Development No Report 6.0 Corporate Services 6.1 Tax Cancellation – Industrial Accounts 6.2 Provincial Education Requisition Credit Application 7.0 New and Unfinished Business 7.1 Wheatland County Resolution 7.2 Policy #3-1, Council Compensation and Expense Reimbursement 7.3 Southern Alberta Energy from Waste Association (SAEWA) 7.4 Proposed Kneehill Medical Services Recruitment and Retention Terms of Reference 1 2022.02.08 Council Package February 8, 2022 Council Meeting Agenda Page 2 of 2 8.0 Disposition of Delegation & Public Hearing Business No Delegations or Public Hearings Scheduled 9.0 Council and Committee Reports 9.1 Kneehill Housing Report 9.2 Division 1 Councillor Report 10.0 Council Follow-up Action List 11.0 Closed Session 11.1 Personnel (FOIP, Section 17) 11.2 Legal Matters (FOIP, Section 24) 12.0 Motions from Closed Session 2 2022.02.08 Council Package 1 ________ Initials MINUTES OF THE JANUARY 11, 2022 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, Councillor Division No. 2 Debbie Penner, Councillor Division No. 3 Jerry Wittstock, Reeve Division No. 4 Carrie Fobes, Councillor Division No. 5 Laura Lee Machell-Cunningham, Councillor Division No. 6 Wade Christie, Councillor (Video Conf –Arrived 8:44 a.m.) Division No. 7 Kenneth King, Deputy Reeve ALSO PRESENT: Chief Administrative Officer Mike Haugen Director Community Services Laurie Watt 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 Additions under Council and Committee Reports 9.1 AQUA 7 9.2 Drumheller & District Solid Waste Association ADOPTION OF AGENDA 1.2 Adoption of Agenda 1/22 Deputy Reeve King moved approval of the agenda as amended. CARRIED UNANIMOUSLY MINUTES 2.0 Minutes 2.1 Regular Council Meeting Minutes of December 14, 2021 2/22 Councillor McGhee moved approval of the December 14, 2021 Council Meeting minutes as presented. CARRIED UNANIMOUSLY APPOINTMENTS 3.0 Appointments 3.1 Kneehill Regional Family & Community Support Services Councillor Christie arrived at the meeting at 8:44 a.m. Shelley Jackson-Berry provided Council a presentation that outlined the Kneehill Regional Family & Community Support Services’ (FCSS) 3 2022.02.08 Council Package COUNCIL MINUTES OF JANUARY 11, 2022 2 _________ Initials partnership with the Province of Alberta and the other five municipalities in the Kneehill Area. Ms. Jackson-Berry also reviewed the organization’s strategic plan along with current services, supports and initiatives. COMMUNITY SERVICES 5.0 Community Services AG SERVICES 5.2 Agricultural Service Board and Parks 5.2.1 Agricultural Fieldman Appointment 3/22 Councillor Christie moved that Council appoint Shelby Sherwick as Agricultural Fieldman for Kneehill County. CARRIED UNANIMOUSLY NEW BUSINESS 7.0 New and Unfinished Business 7.1 RCMP Retroactive Payment Clarification 4/22 Councillor Cunningham moved that Council provide a letter of support to MP Martin Shields for use in seeking clarification regarding retroactive RCMP payments from the Minister of Public Safety and President of the Treasury Board. CARRIED UNANIMOUSLY 7.2 Opportunity to Meet with Minister of Municipal Affairs 5/22 Councillor McGhee moved that Council decline the opportunity to formally meet with the Minister of Municipal Affairs at the RMA Spring Convention. CARRIED COUNCIL REPORTS 9.0 Council and Committee Reports 9.1 AQUA 7 A verbal report was provided by Reeve Wittstock. 9.2 Drumheller & District Solid Waste Association A verbal report was provided by Councillor Penner. 6/22 Deputy Reeve King moved that Council receive for information the Council and Committee reports as presented. CARRIED UNANIMOUSLY COUNCIL ACT LIST 10.0 Council Follow-Up Action List 7/22 Deputy Reeve King moved that Council receive for information the Council Follow-Up Action List as presented. CARRIED UNANIMOUSLY The Chair called for a recess at 9:38 a.m. and called the meeting back to order at 10:00 a.m. with all previously mentioned members present. 4 2022.02.08 Council Package COUNCIL MINUTES OF JANUARY 11, 2022 3 _________ Initials APPOINTMENTS 3.0 Appointments Cont’d 3.2 Junior Achievement Southern Alberta Janette Santiago from Junior Achievement Southern Alberta provided Council an overview of the Junior Achievement program and requested that Council renew the 3-year contract of $3,000 per year to provide programming in the schools in Kneehill County. DISPOSITION OF DELEGATION BUSINESS 8.0 Disposition of Delegation Business & Public Hearing Business 8.1 Kneehill Regional Family & Community Support Services 8/22 Councillor Penner moved that Council receive the presentation from the Kneehill Regional Family and Community Support Services (FCSS) for information, as presented. CARRIED UNANIMOUSLY 8.2 Junior Achievement Southern Alberta 9/22 Deputy Reeve King moved that Council approve a sponsorship to the Alberta Junior Achievement program, in the amount of $3,000 per year for a period of 3 years. CARRIED UNANIMOUSLY ADJOURNMENT Adjournment The meeting adjourned at 10:40 a.m. ________________________ Jerry Wittstock Reeve _______________________ Mike Haugen CAO 5 2022.02.08 Council Package REQUEST FOR DECISION AGENDA ITEM # 4.1 Page 1 of 4 Version: 2020-02 Subject: Agricultural Industry Road Ban Exemption Options Meeting Date: Tuesday, February 8, 2022 Prepared By: Mike Ziehr, Director of Infrastructure Presented By: Mike Ziehr, Director of Infrastructure Link to Strat Plan: Preserving Rural Way of Life Recommended Motion: That Council approves the recommended “Option A” as shown in the Request for Decision that reinforces the ability for the CAO or designate to provide exemptions to Seasonal Road Bans for Agriculture Industry traffic, Further, that Council direct Administration to develop a policy that details the guidelines that will be followed when administering a Road Ban Exemption request. Background/ Proposal The Agricultural Industry in Kneehill County contributes to the overall sustainability of the municipality. Ensuring that producers have the ability to efficiently transport commodities is essential to the continued success of this industry. Kneehill County also has the responsibility of protecting municipal infrastructure for all ratepayers and industries to utilize. At the May 11, 2021 Kneehill County meeting, Council approved the following resolution: Moved that Council direct administration to come back to a future Council meeting and present options for agricultural exemptions for Road Bans. Administration is presenting multiple options for Council’s consideration regarding AG Industry road ban exemptions. Discussion/ Options/ Benefits/ Disadvantages: Road Bans Road bans are typically implemented in the County prior to the Spring melt. The bans are put in place to protect the road infrastructure from being compromised or damaged during a time period when they are particularly vulnerable. The County bans approximately 40 miles of roadway every spring. Historically Kneehill County has not placed seasonal road bans on gravel roads, although the Traffic Control Bylaw does allow for this possibility. The Traffic Control Bylaw also allows for the implementation and enforcement of road use agreements that can regulate intensive hauls on County roads. Roads that are banned within Kneehill County are primarily chip-seal surfaces that are not designed to withstand prolonged exposure to heavy traffic. 6 2022.02.08 Council Package REQUEST FOR DECISION AGENDA ITEM # 4.1 Page 2 of 4 Version: 2020-02 Option A: Utilize Existing Regulations This option would involve staff utilizing existing Kneehill County regulations to accomplish the proposed AG Industry road ban exemptions. In September 2021 Council enacted the updated Kneehill County Traffic Control Bylaw. This Bylaw regulates the traffic on Kneehill County roads and includes authorizations for road bans to be implemented as well as exemptions to these bans made at the discretion of the CAO or designate. Specifically, Section 4.1(c) of the Bylaw allows the CAO or designate the authorization to provide exemptions on road bans for the Agricultural Industry based on a case-by-case basis. Given the current situation, this option would be the most suitable as it is Administration’s understanding that there are currently limited locations in the County where the Agriculture Industry has raised concerns that road ban restrictions have significantly affected their operations. The process for addressing these exemption requests would be similar to the method the energy industry undertakes in applying for Road Use Agreements. Through an online process, the applicant would request an exemption to the seasonal road bans for a specific portion of roadway. The application would state the reasoning behind the request and details such as expected trip counts, type of commodity being transported and timeframe for the haul. Exemptions would be granted and a permit issued if an investigation of road conditions deemed that the increased weights would not compromise the integrity of the road surface. The permit would apply to the specific parcels of land and therefore the producer and all working parties performing work on behalf the primary producer would be exempt. Advantages: • Would allow producers the ability to apply for relaxations to the road bans to provide increased efficiency in their transportation of commodities. • County staff would be able to review each request and provide recommendations on the suitability of providing an exemption for a specific portion of road. Challenges: • Higher risk of damage to vulnerable road network caused by increased weights. • Potential of increased budget demands to repair or replace damaged road surfaces. • Potential of increased staff time regarding monitoring of compliance. • Possible concerns raised by other industries that would not be provided the same option for exemptions. 7 2022.02.08 Council Package REQUEST FOR DECISION AGENDA ITEM # 4.1 Page 3 of 4 Version: 2020-02 Option B: Overall Agricultural Road Ban Exemption Another option that Council can consider is to permit the overall exemption to the Agricultural Industry regarding seasonal road bans. Vehicles transporting AG related commodities (including manure and fertilizer) would be exempt from all seasonal bans on County roads. By allowing the Ag Industry traffic to avoid these weight restrictions, products can be transported freely throughout the County road network. This option can be managed either through a broad exemption to AG Industry associated hauling or through a permitting system similar to that shown in Option A. While this option would provide the greatest opportunity for the AG industry to transport products unrestricted, it also provides the highest level of risk to the County for damage to the road network and as such is not recommended. Advantages: • Enables unrestricted movement of goods for the AG Industry. • Potential to require less County staff time regarding permitting process. Challenges: • High risk of damage to vulnerable road network caused by unrestricted heavy loads. • Potential of increased budget demands to repair or replace damaged road surfaces. • Potential of increased staff time regarding monitoring of compliance. • Total removal of restrictions reduces the potential for enforcement. • Possible concerns raised by other industries that are not exempt. Option C: Partial Road Ban Exemption for Agricultural Industry traffic (from site to nearest non-banned surface) This option would consist of allowing AG Industry traffic to access sites (both farmyard and fields) at a reduced ban to allow for the more efficient movement of products. While similar to the alternative proposed in “Option A”, operators could apply for a permit that would allow them to travel on banned surfaces at increased weights, potentially up to 100% axle weight, only from their yard or field site to the nearest non-banned surface. The producer would be required to demonstrate how their access is limited by a banned surface road. If the farm or location could be accessed via a non-banned road, the producer would not be eligible for the exemption. This option is similar to the procedure Alberta Transportation offers to allow hauling for farms along banned provincial highways. The County would still retain the right to limit travel or cancel the permit should the road conditions deteriorate to the point where damage is being caused. Advantages: • Enables a less restricted movement of goods for the AG Industry. • The County would be able to maintain some control over the issuance of permits and limits to the exemptions granted. Challenges: 8 2022.02.08 Council Package REQUEST FOR DECISION AGENDA ITEM # 4.1 Page 4 of 4 Version: 2020-02 • Higher risk of damage to road network caused by increased load weights. • Possible concerns raised by other industries that would not be provided the same option for exemptions. • Directing traffic to the first non-banned road may result in poor quality gravel roads being overused and damaged. Financial Implications: Financial implications will vary dependent on the direction of Council. Additional staff time to oversee permitting and potential budget implications for road repair are the most likely outcomes of the proposed options. Council Options: 1. That Council approve the recommended motion. 2. That Council refuse the recommended motion. 3. That Council provide an alternate motion for approval. 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: Alberta Municipality Survey – AG Road Ban Exemptions Bylaw 1800 – Traffic Control Bylaw Follow-up Actions: Staff will coordinate the implementation of the option chosen by Council. Director Approval: Mike Ziehr, Director of Infrastructure CAO Approval: Mike Haugen, Chief Administrative Officer 9 2022.02.08 Council 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; 10 2022.02.08 Council 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, 11 2022.02.08 Council 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, 12 2022.02.08 Council 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 13 2022.02.08 Council 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. 14 2022.02.08 Council 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. 15 2022.02.08 Council 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. 16 2022.02.08 Council 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 17 2022.02.08 Council 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 18 2022.02.08 Council 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 19 2022.02.08 Council 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. 20 2022.02.08 Council Package 21 2022.02.08 Council 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 22 2022.02.08 Council 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 23 2022.02.08 Council 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 24 2022.02.08 Council Package Alberta Municipality AG Industry Road Ban Survey Results to the question "Does your municipality provide exemptions to the AG Industry regarding seasonal road bans?" Municipality Ag Exempt?Road Ban Exemptions Road Surface Type Notes The County of Wetaskwin Yes, to an extent Both Ag is allowed to go up to one increment. So if road is banned at 75% Ag is allowed 90%. Ag can go 100% if they fill out permit through Roadata that County signs off on Paved Road are banned at 90%. However, first year paved they will ban it at 75% MD Bonnyville No but will Exempt some Industry Primarly Gravel will exempt 2 chip seal roads They Exempt industries such as CNRL and Batex. In the beginning of the year, they will have meetings with these industries to discuss roads the companies want to be exempt from. From there they will provide a letter of exempt roads. I asked if there was a fee associated to the exemption and they said not yet. Leduc County Yes, they go through Roadata however, the county does not charge for the permit Both, and gravel during the road ban season They also let Industry be exempt from the ban. However, they have to fill out their permit through Roadata and have to pay for that and RUA and permit. Permit only lasts 2 weeks and they have to re-evaluate the road before the issue the permit again. Foothills Yes, this goes through a permit system with Roadata Gravel, chipseal, paved, and MRO (which is a oil based) They are Ag exempt. However, Ag users would have to pull a permit from Roadata. They do not have a standard blanket rate for the % of roadban. Each road is a different % and it depends on the condition of the road. They tend to lift road ban with newly built roads. Camrose County No, Look at notes Dust Control Roads (not Private DC) Gravel Road , oil & paved roads They will have RUA's and if a company such as feed company, or gravel producers pay the bond with the RUA, they can be exempt. They also have a time frame with their Road bans so road bans will be put in place 10am to 10pm but any time after the road bans will be exempt. Athabasca County No, It’s very rare that they have any concerns with Ag users and bylaw tends not to touch them unless there’s a significant risk to infrastructure or public safety. They only ban paved, fibermat and oiled surfaces. They will ban specific sections of gravel roadways as needed. For example we have a couple oilfield companies that became very active in the County in the last couple of years. They continually were using routes that were not authorized to avoid provincial road bans. It was causing a lot of maintenance and resident issues. They would place bans on a couple roads to force them to use the routes they had authorized in their road use &/or haul agreements. One section is at 50% and the other is 75%. Cypress County Only for Hay, Cattle & Grain, other users have to fill out a permit administred by their admin Paved-75%, Oil & Chip-75%, Gravel 90% They Have a year round road ban that sits at 75% for all roads but one. One Road sits at 50%. Northern Sunrise No They don’t issue any exemption even for industry Mountain View County Farmers can apply for exemption permits, at no cost Case by Case Industry is allowed to apply for exemption . Dependant on the condition of the road when we receive an exemption application. 25 2022.02.08 Council Package REQUEST FOR DECISION AGENDA ITEM # 5.1.1 Page 1 of 2 Version: 2020-01 Subject: Policy 5-18, Location Filming Policy Meeting Date: Tuesday, February 8, 2022 Presented By: Barb Hazelton, Manager of Planning & Development Link to Strat Plan: Providing Good Governance Recommended Motion: 1. That Council move to approve Policy 5-18 Location Filming Policy as presented. 2. That Council move to approve damage deposit fees in the amounts of $2500 and $5000 in accordance with Policy 5-18 Location Filming Policy and that these amounts be included in the next amendment of the Master Rates Bylaw. Background/ Proposal Kneehill County recognizes the importance of the film and television production industry to our area’s economic strength. We also understand the need to balance the rights and wishes of our residents with the unique nature and requirements of the film production industry. Discussion/ Options/ Benefits/ Disadvantages: Our municipality has seen an increase in the amount of interest shown by people and industry wanting to use our spaces in filming productions. This policy which provides safeguards for the municipality’s staff and lands, has been in place since May of 2020 and Administration has been able to use it on several occasions. Administration is proposing some revisions that will put additional safeguards in place and will help clarify this process. The Planning Department has worked with the Parks and Agriculture Department with input from Transportation and Protective services. Financial Implications: There are currently fees in the Master Rates Bylaw for a filming application. Administration is also proposing additional fees for damage deposits be noted in the Master Rates Bylaw. Specifically, $2500 for productions with 51-150 in the cast and crew and $5,000 for productions with 151+ cast and crew be required. There are no direct financial implications for drafting this policy as they are captured in the existing budget. Application fees will be incorporated into the budget going forward. Council Options: 1. That Council move to approve Policy 5-18, Location Filming Policy as presented. 2. That Council move to include damage deposit fees in the amounts of $2500 and $5000 for Policy 5-18 Location Filming Policy as presented until the next amendment of the Master Rates Bylaw. 3. That Council move to approve Policy 5-18, Location Filming Policy as amended. 4. Council request more information prior to approving this policy. 26 2022.02.08 Council Package REQUEST FOR DECISION AGENDA ITEM # 5.1.1 Page 2 of 2 Version: 2020-01 Recommended Engagement: ☒ Directive Decision (Information Sharing-One way communication) Goal: To educate and inform citizens Tools: ☐ Individual Notification or ☒ Public Notification ☐ Consultative Decision (Consulting the Public – Two way communication) Goal: To seek feedback, test ideas, develop concepts and collaborative solutions Tools: ☐ Public Hearing ☐ Open House ☐ Focus Group ☐ Other- ☐ Collaborative Decision (Active Participation- Share or delegate decision making) Goal: To share or delegate decision making Tools: ☐ Participatory Decision Making ☐ Inter-Municipal Agreement ☐ Other- Attachments: Draft revised Policy 5-18 Follow-up Actions: Administration will ensure that the policy is adhered to when dealing with filming projects/productions. Director Approval: Laurie Watt, Community Services Director CAO Approval: Mike Haugen, Chief Administrative Officer 27 2022.02.08 Council Package POLICY Section Policy No. Page Development Control 5-18 1 of 6 Policy Title Date: Motion No. Location Filming 35T35T 35T35T Purpose: Kneehill County recognizes the importance of the film and television production industry to our area’s economic strength. Kneehill County understands the need to balance the rights and wishes of our residents with the unique nature and requirements of the film production industry. Policy Guidelines: 1. Ensure that every potential filming production is reviewed by all affected agencies to enable coordination with other activities that occur within the boundaries of Kneehill County and to minimize the disruption to these agencies and residents. 2. To confirm that the film Production Company has sufficient property damage and public liability insurance coverage, thereby ensuring that, in the event of an accident, all persons including participants are protected from any possible claim or suit arising from the filming project. 3. To ensure that all costs incurred by Kneehill County as a result of the filming production are recovered from the applicant. 4. To establish an administrative process that is effective, efficient and adaptable. Policy Procedure: 1. Projects for Consideration: Feature films, television films, television programs/series, television commercials, documentaries, educational films, music videos, commercial photography, and other projects as approved by Kneehill County. 2. Exemption: Television news and current affairs programming. 3. Notification to Kneehill County: Written correspondence (i.e. letter, email) must be submitted to the Kneehill County’s Planning Department not less than thirty ten (3010) business days in advance of filming activity. Filming that involves the use of facilities and/or parks, roadways or sidewalks, dedicated parking arrangements, special effects, firearms, and alteration to street signage requires a submission of not less than sixty twenty (6020) business days in advance of filming activity. Upon receipt, a decision will be issued within fifteen ten (150) business days. 28 2022.02.08 Council Package POLICY Section Policy No. Page Development Control 5-18 2 of 6 Policy Title Date: Motion No. Location Filming 35T35T 35T35T Notifications that are ‘emergent’ and time sensitive in nature may be dealt with on a case-by-case basis, at the discretion of the Planning Department. 4. Notification to Residents/Businesses: 4.1 Affected residents and/or businesses must be notified in writing, not less than twenty-five (2520) business days in advance for approvals, prior to the commencement of filming activity. Information such as location and duration of filming, planned special effects, road and land closures, sidewalk obstruction and street parking restrictions must be communicated by means of the signed letter. The letter must be printed on company letterhead and must include the name and telephone number of the Location Manager. 4.2 In situations where filming activity impedes access to a business or businesses, it is the responsibility of the Production Company to approach affected owners in order to identify means of limiting disruption and/or to determine appropriate levels of compensation for lost business. 4.3 The Location Filming approval letter may be revoked if it is discovered that affected residents and/or businesses have not been adequately notified of filming activities. 5. Consideration of Residents/Businesses: 5.1 It is the Production Company’s responsibility to ensure that there is a minimum of disruption to residents and businesses resulting from filming activity. This includes ensuring uninhibited access to property and freedom from environmental conditions that include, but not limited to spill over lighting, exhaust fumes or excessive noise. 5.2 Lighting: Lighting should be oriented away from neighboring residences and businesses. 5.3 Generators: All generators used on streets or in public areas must be equipped with silencing attachments. 5.4 Idling: Every attempt must be made to limit excessive vehicle idling. 5.5 In the event of long-term filming activities, measures taken to limit disruption must be deemed satisfactory to all affected residents and businesses. 5.55.6 Drones: Use of drones must have separate approval and must comply with the Drone policy. 6. Traffic and Traffic Stoppages: 6.1 Kneehill County is prepared to temporarily close streets, alleys, lanes and sidewalks for filming activity. Requests for closures must be stated clearly in writing and must receive signed approval 29 2022.02.08 Council Package POLICY Section Policy No. Page Development Control 5-18 3 of 6 Policy Title Date: Motion No. Location Filming 35T35T 35T35T from the Transportation Department. Kneehill County may also require the submission of a Traffic Accommodation Strategy (TAS) that identifies the location of the closure, detour routing and a signage plan. The requirement for this document will be on a case-by-case basis. 6.2 It is the Production Company’s responsibility to arrange for all required traffic control personnel and to make arrangement with Kneehill County personnel to cover, alter, remove and/or reinstall traffic or street signs as may be necessary. All costs associated with these arrangements are the responsibility of the Production Company. 7. Parking: 7.1 Kneehill County will attempt to provide dedicated space within County owned lots for all essential film unit vehicles. 7.2 In all circumstances, production vehicles must not block fire hydrants, pedestrian crosswalks, road intersections, driveways, ramps and priority parking stalls. 8. Development/Building Permits: 8.1 Development or building permits issued by Kneehill County, pursuant to the Land Use Bylaw may be required on a case-by-case basis upon review of the Planning Department. 8.2 For minor productions that will take place on Kneehill County locations, a Site Agreement will be required. 8.3 For major productions that will take place on Kneehill County locations, a Location Agreement will be required. 8.18.4 An Emergency Response Plan will be required for all Filming, Major. 9. Special Effects/Firearms: 9.1 Use of firearms, explosives, flash powder, detonators, flammable liquids and the filming of dangerous stunts must be stated clearly in writing and have the signed approval of the Planning appropriate authorities which may include the RCMP and/or Protective Services Department. 9.2 The attendance of the Fire/Rescue Department personnel may be required for the use of fire or pyrotechnic effects. All costs associated with these requirements and related clean-up are the responsibility of the Production Company. 9.3 All dangerous/hazardous materials must be stored and used in accordance with all applicable Federal and Provincial Laws, Regulations and Guidelines. 30 2022.02.08 Council Package POLICY Section Policy No. Page Development Control 5-18 4 of 6 Policy Title Date: Motion No. Location Filming 35T35T 35T35T 10. Clean-Up: 10.1 Production crews are responsible for cleaning the project site at the end of every working day. Upon completion of filming activity, the Production Company must ensure that the site is returned to its original condition. An inspection of the project site by Kneehill County personnel will be conducted in order to ensure compliance. 11. Conduct: 11.1 It is the responsibility of the Production Company to ensure that their staff and all individuals associated with the production operate in a safe and professional manner in the course of their duties. 12. Fees/Expenses 12.1 The Production Company is responsible for all administrative fees and out-of-pocket expenses related to the use of Kneehill County roads, properties, parks, equipment or personnel if required. 12.2 For Filming, Major productions, projects may be subject to a location fee. 12.112.3 Filming for the sole purpose of tourism promotion, documentaries, educational institutions and commercial photography will require an application, however, they will be exempt from the application fee. 13. Damage Deposits: 13.1 13.1 A damage deposit in the form of a letter of credit, credit card authorization, or certified cheque must be provided to Kneehill County in advance of filming work and shall not be returned until all conditions, including clean-up of filming location, and full payment of expenses incurred by Kneehill County have been fulfilled. A lesser deposit will be required for productions with a cast and crew of 51-150 people, and a full damage deposit will be required for productions with a cast and crew that exceed 150 people as per the Master Rates Bylaw. 13.113.2 No damage deposit will be required for productions with 50 people or less. 14. Indemnification/Save Harmless: 14.1 The Production Company shall indemnify and save harmless Kneehill County from and against all claims, actions, damages, injuries, costs, expenses or losses whatsoever, which may arise or be brought against Kneehill County as a result of, or in connection with the said use of the location(s) by the Production Company, its employees, contractors, agents, or representative; and specifically, Kneehill County will not be responsible for any liability arising from these activities with respect to advertising or any copyright or trademark infringements. 31 2022.02.08 Council Package POLICY Section Policy No. Page Development Control 5-18 5 of 6 Policy Title Date: Motion No. Location Filming 35T35T 35T35T 15. Insurance: 15.1 The Production Company shall, at its own expense, including the cost of deductibles, provide and main: i. Commercial General Liability Insurance insuring against claims, providing coverage in an amount of not less than Five Million ($5,000,000) dollars per occurrence naming Kneehill County as an additional insured. ii. Automobile Third-Party Liability Insurance in an amount of not less than One Million ($1,000,000) dollars covering all owned/leased vehicles used. iii. Any other form of insurance (aircraft liability, pyrotechnics liability, fire legal liability) as may be applicable. iv. Proof of coverage must be submitted to the Planning Department as part of the approval process. 16. Definitions 16.1 Educational institution – means a place where people of different ages gain an education, including elementary schools, secondary-high schools, colleges and universities. 16.2 Filming, Major – means any form of motion picture, television program, live broadcast, special effects, recording, or visual or audio arts projects and may include (but is not limited to) set structures, props, installations, lighting, parking, temporary trailers, food service (for actors/crew) signage and other activities reasonably associated with film production and has a cast/crew greater than 50 people. This will also include productions where there is disruption to business or public access, and County services are needed and/or there may be structures or alterations to structures or signage required. 16.3 Filming, Minor – means any form of motion picture, television program, live broadcast, or visual or audio arts projects, that has a cast/crew less than 50 people and which may require carry in props but does not disrupt business, public access or require alterations to any structures and does not include set structures, installations, temporary trailers, or food service. 16.4 Set Structures – means any structure associated with film production facility activities. Set structures may undergo aesthetic or structural modifications as part of a project. These are primarily shell structures and shall not be used for residential, commercial, or industrial occupancy. 16.116.5 Traffic Accommodation Strategy (TAS) means a plan or written procedures which address the traffic flow issues relevant to the specific activity being performed. 32 2022.02.08 Council Package POLICY Section Policy No. Page Development Control 5-18 6 of 6 Policy Title Date: Motion No. Location Filming 35T35T 35T35T Jerry Wittstock, Reeve Mike Haugen, CAO Approved: Review Date: Date four years from last approval date 33 2022.02.08 Council Package REQUEST FOR DECISION AGENDA ITEM # 5.2.1 Page 1 of 2 Version: 2020-02 Subject: Drone Policy Meeting Date: Tuesday, February 8, 2022 Prepared By: Shelby Sherwick, Manager of Parks & Agricultural Services Presented By: Shelby Sherwick, Manager of Parks & Agricultural Services Link to Strat Plan: Providing Good Governance Recommended Motion: That Council approve Policy 12-5: Drone Policy as presented Background/ Proposal This policy is being introduced for the purpose of establishing a framework for regulating drone (UAV - Unmanned Aerial Vehicle) use on Kneehill County public lands. Discussion/ Options/ Benefits/ Disadvantages: In recent years there has been an increase in unauthorized recreational drone use at Kneehill County Parks sites, as well as an increase in requests for permission to fly drones over Kneehill County public lands for the commercial purposes of filming and photography. Currently there is a section regarding drones, or UAVs – Unmanned Aerial Vehicles, in Bylaw #1733, the Parks and Open Space Area Bylaw: 13. DANGEROUS OBJECTS 13.1 While in a park or open space area, no person shall, except in an area designated for that purpose or unless prior written approval has been obtained by the CAO or designate: b. Set off, launch, or operate any Unmanned Aerial Vehicle, glider or hot air balloon, any rocket, missile, or any dangerous objects on, to or across a park or open space area The penalty for setting off, launching, or discharging any unauthorized things in a park or open space area under Bylaw #1733 Schedule B – Penalties, is $500 for First Offence, $1000 for Second Offence, and $2000 for Third Offence. Currently, the Kneehill County Planning and Parks departments work together on drone permissions, fielding inquiries and confirming proof of certification. Having a Drone Policy in place will ensure consistency and further formalize this process and ensure safety and a positive visitor experience for visitors to Kneehill County – owned public lands. Benefits of restricting drone flight on public lands: - Safety and privacy of visitors is protected - Reduction of impacts from drones on visitor experience or natural areas - Liability and risk management is addressed by ensuring that drone pilots carry appropriate licensing and insurance It was moved at the January 18, 2022 Committee of the Whole Meeting to recommend that Council approve the Drone Policy as presented. 34 2022.02.08 Council Package REQUEST FOR DECISION AGENDA ITEM # 5.2.1 Page 2 of 2 Version: 2020-01 Financial Implications: N/A Council Options: 1. Council approves Drone Policy as presented 2. Council approves Drone Policy with amendments 3. Council request more information prior to approving this policy. 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 Drone Policy Follow-up Actions: Implement policy once in place Director Approval: Laurie Watt, Director Community Services CAO Approval: Mike Haugen, Chief Administrative Officer 35 2022.02.08 Council Package 12-5 POLICY Section Policy No. Page Parks 12-5 1 of 2 Policy Title Date: Motion No. Drone Policy 34T34T 12-5 Purpose: The purpose of this policy is to ensure that public safety, privacy and mitigation of adverse impacts to residents and visitors, is upheld on municipal property and public lands within Kneehill County by ensuring commercial drone (UAV – unmanned aerial vehicle) flights carry valid insurance and certification, as well as adhere to site rules and regulations. Recreational drone use is not permitted on Kneehill County property. Policy Guidelines: 1. No commercial drone use will occur on or over Kneehill County property until a Drone Permit Application has been submitted and approved. This includes municipally – owned streets, sidewalks, parks, campgrounds, vacant land, parking lots, pathways, trails, infrastructure, and green spaces. 2. Applicants / drone operators are responsible for complying with all federal, provincial, and municipal regulations regarding the use of drones on and above public lands. 3. Drones (UAVs) must have a valid registration with Transport Canada. 4. Drone operators must have a valid “Advanced Operators License” with Transport Canada. 5. Flight plans must be approved by Kneehill County prior to any drone flight taking place. 6. Applicants must provide a certificate of insurance with Kneehill County named as additional insured in the amount of $5,000,000.00 dollars. 7. Drone (UAV) operators must maintain visual line of sight at ALL times. 8. Drones (UAVs) must not fly within a 100 ft radius of people, vehicles, or buildings. 9. Drone Operators must comply with Transport Canada regulations regarding flight within airspace of municipal airports, private airports, and permanent or temporary heliports. 10. Drones (UAVs) operated by Kneehill County staff or contractors hired by Kneehill County to complete drone (UAV) work are exempt from completing a Drone Permit Application, however they must carry valid drone (UAV) insurance, license, and registration. 11. Drones used for emergency services operations are exempt from completing a Drone Permit Application. 12. If the Applicant or Drone Operator is flying over privately owned property, they must have permission from the property owner. Policy Procedure: 1. Applicants must complete a Drone Permit Application 2. Applicants must provide proof of certification and insurance Jerry Wittstock, Reeve Mike Haugen, CAO 36 2022.02.08 Council Package POLICY Section Policy No. Page Parks 12-5 2 of 2 Policy Title Date: Motion No. Policy 34T34T Approved: 12-5 Review Date: Date four years from last approval date 37 2022.02.08 Council Package REQUEST FOR DECISION AGENDA ITEM # 5.2.2 Page 1 of 1 Version: 2020-02 Subject: Trails and Pathways Policy Meeting Date: Tuesday, February 8, 2022 Prepared By: Shelby Sherwick, Manager of Parks & Agricultural Services Presented By: Shelby Sherwick, Manager of Parks & Agricultural Services Link to Strat Plan: Providing Good Governance Recommended Motion: Council approve Policy #12-4 Trails and Pathways Policy as presented Background/ Proposal The Trails and Pathways Policy was created in 2017 to provide guidelines around use, maintenance, and inspections of Kneehill County trails and pathways as defined in Bylaw 1733, the Parks & Open Spaces Bylaw. Discussion/ Options/ Benefits/ Disadvantages: The Trails and Pathways Policy outlines which trails are designated, the standards used for maintenance, and specifics on trail inspections. There have been very minor updates in this review, including the months during which inspections are to be completed - based on the camping season and when the highest visitation is observed at Horseshoe Canyon. Benefits of having this policy include ensuring visitor safety and positive visitor experiences at Kneehill County Parks and Campgrounds, and management of risk on public lands. Financial Implications: N/A Council Options: 1. Council approves policy as presented 2. Council approves policy with amendments 3. Council receives 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: Trails and Pathways Policy Follow-up Actions: Implement policy Director Approval: Laurie Watt, Director Community Services CAO Approval: Mike Haugen, Chief Administrative Officer 38 2022.02.08 Council Package POLICY Section Policy No. Page Parks 12-4 1 of 1 Policy Title Date: Motion No. Policy February 8, 2022 35T35T Purpose: To provide guidelines regarding restriction, responsibility, maintenance, and inspections of any trails currently existing or constructed on Kneehill County Parks & Open Spaces Areas as defined in Bylaw 1733. Policy Guidelines: 1. County owned and marked trails and pathways shall only be used for those activities designated as per posted signage and as identified within this policy: a. Keiver’s Lake – Pedestrian foot traffic, bicycles; b. Horseshoe Canyon – Pedestrian foot traffic, County maintenance vehicles and equipment, and emergency vehicles ; c. All other County owned lands where trails and pathways are present are limited to pedestrian foot traffic, County maintenance vehicles and equipment, and emergency vehicles . 2. With the exception of County maintenance vehicles and equipment, and emergency vehicles, operation of any motorized vehicle on public lands designated as trails or pathways is strictly prohibited, unless authorized by the CAO or designate. 3. CAO or Designate has the right to close or restrict use or access to any trails or pathways. 4. The Alberta Government’s Non-Motorized Pedestrian Trail Guidelines established by the Alberta Recreation Corridor and Trails Designation Manual, will be used as a guideline for trail development, notwithstanding the County will not be held to its standards. 5. Trails will be maintained by Kneehill County and/or County authorized contractors. Policy Procedure: 1. Inspections will be completed and documented by designated County staff, on all trails biannually, at the beginning and end of the peak season (April – October). Jerry Wittstock, Reeve Mike Haugen, CAO Approved: February 8, 2022 Review Date: Date four years from last approval date 39 2022.02.08 Council Package REQUEST FOR DECISION AGENDA ITEM # 5.2.3 Page 1 of 2 Version: 2019-02 Subject: 2022 BMO Stampede Farm Family Award Meeting Date: Tuesday, February 8, 2022 Presented By: Shelby Sherwick, Manager of Parks & Agricultural Services Link to Strat Plan: Preserving Rural Way of Life Recommended Motion: Council nominates Leinweber Farms Ltd. (Kurt & Tracy Leinweber) to receive the 2022 BMO Calgary Stampede Farm Family Award as recommended by the Agricultural Service Board. Council approve the attendance to the event for____________ as the County Representative. Background/ Proposal Calgary Stampede Farm family award is given out each year to recognize those families that ensure the agriculture industry and their respective rural communities continue to thrive. It is for farm families deserving of recognition for both agriculture and community involvement. Farm family units must be active in primary agriculture, have agriculture as the main source of income, be active in community involvement, and have members residing on the farm. Discussion/ Options/ Benefits/ Disadvantages: At the Nov. 18th Agricultural Service Board Meeting, the Board made a motion to recommend to Council that the Leinweber Farms Ltd. farm family (Kurt & Tracy Leinweber) be nominated for the 2022 BMO Calgary Stampede Farm Family Award. Past recipients sponsored by Kneehill County: 1999 - Sunterra Farms: Stan & Flo Price - Acme 2000 – Arn’s Brae Farms: Jim & Doris Christie - Trochu 2001 – Les & Kathy Bell - Drumheller 2002 - Ursula, Russell and Harvey Stankievech - Trochu 2003 – Bob Penner Farms - Swalwell 2004 – Hastie Farms - Trochu 2005 – Kubinec Farms – Trochu 2006 – Del & Greg Bates - Acme 2007 – Murray Sorenson Family - Acme 2008 – Richard & Joe Rowbottom - Carbon 2009 – James Main Family – Three Hills 2010 – Eskeland Farms – Drumheller 2011 – Jay Davis Family - Acme 2012 – Bruce Hogg Family – Huxley 2013 – Neil Bertsch Family – Carbon 2014 – The Matt Sawyer Family – Acme 2015 – Klassen Agriventures – Linden (Declined award) 2016 – Don Ferguson Family- Orkney 2017 – Bill & Dallas Dau Family- Threehills 2018 – Hoppins Farms – Huxley 2019 – Tim Tainsh Family- Sunnyslope 40 2022.02.08 Council Package REQUEST FOR DECISION AGENDA ITEM # 5.2.3 Page 2 of 2 Version: 2019-01 2020 – Derek & Lois Benedict, Wimborne 2021 – 2020 recipients honored due to COVID Cost Source of Funding: 2022 Operating budget per diem for County representative Council Options: 1. Council nominates a Kneehill County farm family as recommended by the Agricultural Service Board and names representative to attend. 2. Council nominates another farm family. 3. Council receives 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: Stampede Farm Family application form Follow-up Actions: Administration will notify the family as well as highlight the achievement through communications. Director Approval: Laurie Watt, Director Community Services CAO Approval: Mike Haugen, Chief Administrative Officer 41 2022.02.08 Council Package The Calgary Stampede reserves the right to decline a nomination. 2022 BMO Bank of Montreal FARM FAMILY AWARDS PURPOSE: Promote a relationship between urban and rural people, Focus on agriculture at the Calgary Stampede, and Increase awareness of the high ideals of the way of life in agriculture and the many opportunities of rural citizenship. OBJECTIVES: Recognize, on an annual basis, outstanding Southern Alberta farm families (in or south of Township 34) who best typify the value of the family farmer to our rural communities and society in general, and Honour these families at the 2022 Calgary Stampede. SELECTION COMMITTEE AT THE LOCAL LEVEL: Agricultural Service Board GUIDELINES FOR SELECTION: Please select a family deserving of recognition for both agricultural and community involvement. The farm family must be active in primary agriculture, have agriculture as the main source of income and have members residing on the farm (agribusiness not eligible). The method of selection is up to the individual Agricultural Service Board. It is important that the family selected be the representative of the municipality from which they are chosen. It is also important to keep in mind that this program focuses on recognizing the contribution to the enhancement of quality of life as a family unit, not necessarily the business of farming. In the case of a nomination where more than one farmer or farm couple within a family unit is being named, a primary contact must be identified for communication purposes. NOTE: A form for the collection of supporting information will be forwarded to the family upon receipt of this nomination. Completion and submission of this form will be their responsibility. You are not required to provide any further information at this time. 42 2022.02.08 Council Package The Calgary Stampede reserves the right to decline a nomination. Nomination Form 2022 BMO FARM FAMILY AWARDS _________________________________ ______________________________________ Family Name First Name(s) _________________________________ ______________________________________ Farm Name Primary Contact (if different from above) _________________________________________________________________________ Address Box # Town Postal Code ________________________ _______________________________________________ Telephone # Email Address SUBMITTED BY: ________________________________________________ Agricultural Service Board ___________________________________________ ____________________________ Contact Phone# ______________________________________________________ ________________ Address Postal Code ____________________________________________ Email ____________________________________________ Website ____________________________________ _________________________________ (Chairman or Reeve) please print Signature Please submit this form by January 31, 2022 to: Cathy Henderson BMO Farm Family Awards 2022 Calgary Stampede - Agriculture Department Box 1060, Station M Calgary, Alberta T2P 2K8 Phone: (403) 261-0534 E-mail: chenderson@calgarystampede.com 43 2022.02.08 Council Package REQUEST FOR DECISION AGENDA ITEM # 6.1 Page 1 of 2 Version: 2020-02 Subject: TAX CANCELLATION – INDUSTRIAL ACCOUNTS Meeting Date: Tuesday, February 8, 2022 Prepared By: Caroline Siverson, Property Tax Officer Presented By: Caroline Siverson, Property Tax Officer Link to Strat Plan: Improving Fiscal Sustainability Recommended Motion: That the amount of $897,209.78 in property taxes be expensed in 2021 and cancelled on rolls 28222541000, 28222431400, 28213431201, 28211231101, 28201820501, 28200740900, 31231231100, 30231141500, 33242220400, 40001120000, 32221020400, 40001960000, 32232731400, 33231420600, 32250631210, 32221231200, 32221441000, 32222520300, 32223340900, 33220210100, 33220431400, 33220710100, 33220941500, 33221010800, 33221110800, 33221831300, 33221840900, 33222010700, 33222041500, 33222220600, 33222910100, 33223220300, 33223231100, 33232241600, 33232410700, 33232431300, 33232841600, 33233010800, 33233410100, 33233420400, 33233431200, 34220420400, 34220431300, 34220441600, 34220610200, 34220720400, 34221010800, 34221020300, 34221120300, 34221410200, 34221410800, 34221431300, 34221820400, 34221841610, 34223610100, 34223620400, 34223641000, 34231210100, 34230641600, 32263210800, 34230220400, 33221120600, 33222141000, 34221720600, 34221841000, 34221920400, 34222031200, 34223320400, 34232431100. That administration is also directed to void any 2022 penalties currently attached to these rolls. Background/ Proposal The ability for the municipality to collect on tax arrears relating to industrial and linear tax accounts has become extremely difficult based on decisions of the Courts. The Virginia Hills decision regarding the validity of linear tax arrears has made it impossible for municipalities to collect any amounts owing. The Redwater decision has also affected the oil & gas sector due to the expectations of any monies left from a bankruptcy be paid first to the AER for reclamation purposes. Municipal collections are no longer a priority as legislation provided for in the past due to these decisions. Discussion/ Options/ Benefits/ Disadvantages: The request for the rolls above to be expensed and cancelled mostly belong to Trident and these assets have been sold. The purchasers paid a pro-rated portion of the 2020 levies as well as the 2021 taxes. This request is for previous years levies and penalties. We are requesting for the rolls to be expensed and cancelled in order to clear the arrears off for the new owners. This cancellation includes penalties of $407,327 (2018-2021), $407,553 in levies and $82,330 of PERC rebate. There still remains further Trident assets that have been disclaimed by the Receiver and handed over to the Orphan Well Association. The Orphan Well Association 44 2022.02.08 Council Package REQUEST FOR DECISION AGENDA ITEM # 6.1 Page 2 of 2 Version: 2020-01 takes over assets that have not been sold to active companies or have been disclaimed by the company/Receiver as worthless assets. Once the assets are under the OWA, taxes are not paid, however they continue to be assessed while there is still above ground equipment. Only linear assets (the underground equipment) are no longer assessable. The County continues to attempt collection of all these arrears from the Receiver at this time, however, they are all included in the Allowance for Doubtful Accounts at year end. Any collection will decrease this balance over time. The amount of 2022 penalties to be reversed is approximately $36,000. By reversing these amounts in the 2022 general ledger, we are not artificially showing revenue that will not be collected. With these Trident assets under new ownership in 2021, the County collected approximately $95,000 in levies which we expect to continue going forward. Financial Implications: In anticipation of this situation, the County operating budget for 2021 provided for a $1,100,000 for tax related issues. The amounts being recommended to be expensed in 2021 can be funded within this envelope. The voided 2022 penalties will reduce the revenues indicated to date against the 2022 budget for tax penalties that are being over-inflated by booking revenues that will not be received by the municipality. Council Options: 1. Cancel the outstanding taxes and void the current year penalties as recommended. 2. 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: Follow-up Actions: Bill McKennan Director Approval: Bill McKennan, Director of Corporate Services CAO Approval: Mike Haugen, Chief Administrative Officer 45 2022.02.08 Council Package REQUEST FOR DECISION AGENDA ITEM # 6.2 ` Page 1 of 2 Version: 2020-02 Subject: PROVINCIAL EDUCATION REQUISITION CREDIT APPLICATION Meeting Date: Tuesday, February 8, 2022 Prepared By: Caroline Siverson, Property Tax Officer Presented By: Caroline Siverson, Property Tax Officer Link to Strat Plan: Improving Fiscal Sustainability Recommended Motion: 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 rolls 33242220400 28222541000, 31231231100, 28213431201, 28201820501, 28211231101, 30231141500, 28200740900, 28222431400, 29253332100, 29260310700, 29260341600, 29261010800, 29261041600, 29261410700, 29261420300, 30251410110, 30251910700, 30251931200, 31222510100, 31243441600, 32220642100, 32221020400,32221231200, 32221441000, 32222331300, 32222520300, 32223340900, 32223541000, 32231020410, 32231510800, 32232320600, 32232731300, 32232731400, 32233420400, 32233631400, 32233641000, 32240810200, 32250631210, 32252631410, 32263210800, 33220210100, 33220310800, 33220431400, 33220710100, 33220941500, 33221010800, 33221110800, 33221120600, 33221710800, 33221831100, 33221831300, 33221840900, 33221910700, 33222010700, 33222041500, 33222141000, 33222220600, 33222910100, 33222910700, 33223220300, 33223231100, 33231310100, 33231341600, 33231420600, 33232241600, 33232410700, 33232410800, 33232431300, 33232841600, 33233010100, 33233010800, 33233410100, 33233420400, 33233431200, 34213231300, 34213240900, 34220420400, 34220431300, 34220441600, 34220610200, 34220720400, 34221010800, 34221020300, 34221120300, 34221141600, 34221410200, 34221410800, 34221431300, 34221720600, 34221820400, 34221841000, 34221841610, 34221920400, 34222031200, 34222431300, 34223320400, 34223610100, 34223620400, 34223641000, 34230220400, 34230641600, 34231210100, 34231420400, 34232431100, 40000410000, 40001120000, 40001960000. That administration is directed to contribute the PERC funds, if approved and received, to the Revenue Stabilization Reserve. Background/ Proposal With the downturn in the energy industry in recent years, municipalities are finding it increasingly difficult to collect property taxes, often due to insolvency or receivership of oil and gas and other industrial properties. The province established two programs to assist municipalities where taxes related to requisitioned amounts cannot be collected from property owners. 46 2022.02.08 Council Package REQUEST FOR DECISION AGENDA ITEM # 6.2 Page 2 of 2 Version: 2020-01 The PERC program provides affected municipalities with a credit, equal to the provincial education requisition associated with taxable properties that are delinquent in payment of education property taxes. The DIRC program provides affected municipalities with a credit, equal to the DI Property Tax Requisition associated with taxable properties that are delinquent in payment of the requisition. Discussion/ Options/ Benefits/ Disadvantages: In prior fiscal years the Province required a motion of Council to write-off the accounts before an application would be processed. The program has been amended to allow municipalities to request funding, without a tax write-off motion, with the requirement to repay the program if the account is recovered. It is important that the application be sent early, since the Province has indicated that funds will be earmarked on a first come first serve basis up to the program funded envelope. Administration is submitting an application to the Provincial Education Requisition Grant for recovery of all school & DIP requisitions paid on these parcels, in the amount of $307,174.73. This motion will be forwarded to the program as background for the application as required. If any collection of arrears is made, Kneehill County will return the amount of school and DI Property requisitions reimbursed through this grant. As the tax arrears are generally cancelled and expensed, any grant funds received should be posted to the Revenue Stabilization Reserve to provide a source of funding for future tax related issues. Financial Implications: Submission of the application will provide a greater potential of receiving funding in the current fiscal year. Council Options: 1. Approve the application to the PERC program. 2. 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: Follow-up Actions: Bill McKennan Director Approval: Bill McKennan, Director of Corporate Services CAO Approval: Mike Haugen, Chief Administrative Officer 47 2022.02.08 Council Package REQUEST FOR DECISION AGENDA ITEM # 7.1 Page 1 of 2 Version: 2020-02 Subject: Wheatland County Meeting Date: Tuesday, February 8, 2022 Prepared By: Mike Haugen, CAO Presented By: Mike Haugen, CAO Link to Strat Plan: Level of Service Recommended Motion: Support of Wheatland County Resolution Regarding Ensuring Landowners Remain Whole in Contractual Agreements with Oil and Gas Companies. Background/ Proposal Wheatland County is seeking a Seconder for a proposed resolution seeking to provide resources and protection for landowners when engaging in contract negotiations/disputes with oil and gas companies. The proposed resolution is seeking to have the RMA lobby for measures aimed at ensuring that landowners have resources to negotiate with oil and gas companies and protections to ensure that agreements that have been entered into are maintained. A proposed resolution was reviewed at the most recent Committee of the Whole Meeting and it was recommended by that group that Council support the proposal and act as a Seconder. Since that time, Wheatland County has indicated that they wish to conduct a further review of the proposed resolution and are intending to bring it forward in the fall instead of the upcoming spring meeting. Wheatland County has indicated that they are looking to make minor wording revisions, but are not looking to alter the spirit or intent of the proposed resolution. Discussion/ Options/ Benefits/ Disadvantages: The County is aware that the concerns raised in the Wheatland County resolution have been raised by ratepayers within Kneehill County as well. While these concerns are not directed at all oil and gas companies, it is evident that some companies have chosen this approach. As Wheatland County intends to make minor revisions, Administration is recommending that Council support the resolution in principle. The approach will allow Wheatland County to move forward knowing that they have support. Final approval would be sought from Council once revisions have been completed. Financial Implications: There are no financial implications associated with the recommended motion. Council Options: 1. Council may opt to support the resolution in principle. 2. Council may opt to not support the resolution. 3. Council may opt to table this item until final revisions have been completed. 48 2022.02.08 Council Package REQUEST FOR DECISION AGENDA ITEM # 7.1 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: None Follow-up Actions: Administration will inform Wheatland County as appropriate. CAO Approval: Mike Haugen, Chief Administrative Officer 49 2022.02.08 Council Package Resolution Ensuring Landowners Remain Whole in Contractual Agreements with Oil and Gas Companies Wheatland County_______________________________________________________ Preamble: WHEREAS original contracts that were signed between Landowners and oil and gas companies were negotiated “in good faith” with the intention of keeping the Landowner whole; AND WHEREAS certain oil and gas operators are allegedly refusing to re-negotiate lease compensation “in good faith”, as is required by the Surface Rights Act Sec 27(6); AND WHEREAS certain oil and gas operators allegedly continue to use misleading and intimidating tactics to coerce Landowners into accepting drastically reduced annual compensation rates for pre-existing leases; AND WHEREAS certain oil and gas operators have allegedly used illegal methods to pressure L andowners into accepting drastically reduced annual compensation rates; AND WHEREAS the Land and Property Rights Tribunal (LPRT; formerly known as the Surface Rights Board) and the courts have upheld that annual compensation contractually owed to Landowners from oil and gas operators is to be calculated on the original leased number of acres, as well as using gross revenue for loss of use and adverse effect values, and is not to be influenced by the economic state of the energy sector; AND WHEREAS oil and gas development is an expropriation-like business relationship imposed on Landowners and the historical pattern of dealings has been to ensure that the Landowner will remain whole; AND WHEREAS the Landowner is at a severe disadvantage both financially and in terms of legal experience, as well as lacking the economies of scale that advantage the oil and gas companies; AND WHEREAS a significant unpredictable financial risk exists for Landowners who are forced to enter into LPRT proceedings after their refusal to accept the coercive tactics of certain oil and gas operators as it relates to their annual compensation; 50 2022.02.08 Council Package AND WHEREAS certain recent LPRT decisions have disallowed portions of Landowner invoiced costs incurred during negotiations, preparation and participation in the quasi-judicial process, therefore the Landowner is unable “to remain whole”. THEREFORE BE IT RESOLVED that Alberta Municipal Affairs and Alberta Energy mandate that oil and gas operators be required, as has occurred historically, to pay costs related to contractual negotiations with oil and gas operators and Land and Property Rights Tribunal proceedings to ensure that Landowners remain whole; FURTHER BE IT RESOLVED THAT Alberta Municipal Affairs and Alberta Energy mandate that mediation be mandatory and “in good faith” prior to all Section 27 applications to the Land and Property Rights Tribunal. MEMBER BACKGROUND: The oil and gas industry in Alberta has successfully expanded over past decades by the granting of leases by the Alberta government and the subsequent “good faith” negotiations of lease terms between Landowners and oil and gas companies to access resources. An over-riding principle of the development of oil and gas leases on privately owned land was that, in return for being subject to expropriation of their land use, the Landowner is not to experience financial loss due to the development (is to be “made whole”). This expropriation-like relationship deprives the Landowner of the ability or the right to end the lease, have the area reclaimed and returned to its original use. The Landowner is obliged, over decades, to remain in the lease arrangement. Historically, Landowners and oil and gas companies have engaged in “good faith” negotiations to develop lease terms and to renew leases that were acceptable to both parties. In Wheatland County, since 2019, certain oil and gas companies have led the breakdown of “good faith” negotiations with Landowners. The trust and respect between Landowners and the oil and gas operators functioning on their land has been severely strained. This has resulted in undue stress, anxiety, and the potential for severe financial loss. The Wheatland and Area Surface Rights Society (WAASRS) has reorganized to provide information regarding Landowner rights and the processes involved when dealing with oil and gas operators who attempt to unilaterally reduce compensation payments and/or refuse to engage in “good faith” negotiations. WAASRS has 110 members and has met with multiple MLAs as well as the Minister of Energy. Compensation is negotiated based on the Landowner’s gross loss of use plus the adverse effect of hosting the site/access road. Compensation is not tied to the economies of the oil and gas industry. Landowners have their own variable risks of business (weather, drought, 51 2022.02.08 Council Package insect infestations, resistant weed strains, commodity prices) without the pressure of being subjected to the risks of oil and gas pricing. Compensation has been eroded over time by the fact that leases do not include an annual cost of living adjustment; this was left to be factored into the 5-year compensation review. Certain oil and gas companies are refusing, despite efforts by Landowners, to renegotiate lease compensation “in good faith” as is required by the Surface Rights Act Sec 27(6). Certain Landowner requests for the legislated 5-year compensation review have been ignored outright (predating 2019). Landowners consistently report being unable to contact operators after receiving notifications of upcoming reviews. Landowners are taking significant time from their primary business to deal with these oil and gas company issues. Misleading and intimidating tactics are also being used by certain oil and gas companies in an attempt to coerce Landowners into accepting reduced compensation in the range of 40- 60% decreases. These tactics include, but are not limited to, aggressive written and verbal communications, attempts to force Landowners to accept compensation for smaller acreage than is on their original leases, threats of quasi-legal action if signing is not completed, and implying that signing will prevent bankruptcy or orphaned wells that would further disadvantage the Landowner. In addition, unilateral attempts to change compensation to reflect net (as opposed to gross) values and not returning repeated Landowner calls or emails regarding negotiation has also occurred. There are certain Landowners who have not understood their rights and felt pressured to sign for reduced compensation to avoid the threats of further costly and time-consuming action. Certain oil and gas companies have since gratuitously advertised that these Landowners were in agreement with the major reductions. Specific examples of these tactics include a Landowner being berated and threatened during a telephone call in July 2021, as well as multiple follow up letters from Landowners who note that they signed agreements under duress. Certain oil and gas companies have used illegal methods to further pressure Landowners into signing for drastically reduced annual compensation. These methods include, but are not limited to, significant shortfalls (40-60%) in the value of cheques/deposits sent for annual lease compensation in the absence of renegotiated leases, late notification of the review process to the Landowner (Surface Rights Act Sec 27(4)(a)), and inadequate or misleading notification of the oil and gas company’s intention to review the compensation rate (Surface Rights Act Sec 27(5)). Specifically, Landowners that received a shortfall compensation payment were forced to wait 17 months for the balance of the payment and wasted valuable time working to receive payment and are still attempting to negotiate in good faith. The calculation of compensation using gross revenue for loss of use (excluding certain specialty crops) has been historically and recently upheld by the courts and the LPRT. Additionally, the courts and LPRT have upheld the fact that compensation must be paid on the total number of acres in the original lease as the operators retain the right to use the full acreage at any time. Oil and gas companies are not allowed to consider that the site has been partially reclaimed. Weed control is a specialized science and has not been seen 52 2022.02.08 Council Package to be adequately dealt with by the oil and gas operators. Landowners have generally subsidized the site management responsibilities of the oil and gas operators by including weed control on portions of the leased area as part of their annual land use practices. Despite the above, certain oil and gas companies are pressuring Landowners to accept reduced compensation based on net values and a reduced acreage size. Landowners lack the economies of scale that enable and significantly advantage the oil and gas companies. The primary business of Landowners is not in the legal realm and to be pitted against the financial backing and legal teams of an oil and gas company in a quasi-judicial process (LPRT) is intimidating and is evidence of a very uneven playing field. The threat of being forced into the Section 27 hearing process, the unwillingness of certain oil and gas companies to negotiate “in good faith” and the fact that the Landowner is disadvantaged both financially and in terms of legal experience makes the Landowner susceptible to the pressure to sign for drastically reduced compensation. Additionally, certain oil and gas companies have threatened in writing to seek recovery of their corporate costs (from the Landowner) arising out of any process before the LPRT, which is unprecedented. The financial risk for Landowners of a Section 27 hearing is large, unpredictable and significantly outweighs the value of their individual lease compensation. Recent Landowner costs to prepare for and participate in a Section 27 hearing have been in the range of $20,000 - $50,000.00. To be forced directly into the hearing process without good faith negotiations having occurred, due to a refusal to accept a compensation reduction of 40-60% or to have compensation reviewed at the legislated 5-year mark, contravenes the Surface Rights Act Sec 27(6). Recent LPRT decisions have disallowed portions of invoiced costs from the Landowner. These disallowed portions are at the discretion of the LPRT panel and appear to be punitive, arbitrary and supportive of the oil and gas companies involved. A landowner is extremely disadvantaged if there is a possibility that their costs for engaging legal or other expertise to participate in the quasi-judicial process will not be recoverable. Landowners are open to a future which includes a return to the “good faith” negotiations that linked Alberta’s oil and gas and agricultural industries. Alberta relies on both industries and the world class reputations that they have developed. The ability to work together cooperatively is a necessary requirement of future energy development and a prosperous province. Certain oil and gas companies are creating an atmosphere of intimidation that undermines trust, good faith and future negotiations for companies who are still working 53 2022.02.08 Council Package REQUEST FOR DECISION AGENDA ITEM # 7.2 Page 1 of 1 Version: 2020-02 Subject: Policy #3-1, Council Compensation and Expense Reimbursement Meeting Date: Tuesday, February 8, 2022 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 approve Policy #3-1, Council Compensation and Expense Reimbursement, as presented. Background/ Proposal In the past, Councillor’s who were a Councillor Representative to the following Committees were approved to attend the Conference that is organized by their association’s affiliate: • Agricultural Service Board- Provincial ASB Conference • Agricultural Service Board- Summer Tour • Kneehill Housing Corporation- Alberta Seniors and Community Housing Association (ASCHA) Convention • Drumheller and District Solid Waste association- Waste Reduction Conference • Kneehill Regional Family and Community Support Services Board- Family and Community Support Services Conference • Central Alberta Economic Partnership- Economic Development Association Conference Discussion/ Options/ Benefits/ Disadvantages: With the amendments made to Policy#3-1, back in March 2021, some of these conferences were missed in the policy. Administration recommends to add the listed conferences marked in red in the policy to avoid bringing these to Council for approval on a regular basis. Financial Implications: No financial implication to the 2022 budget as these events were already budgeted. Council Options: 1. Approve Policy #3-1 2. Amend Policy #3-1 3. Receive for Information. Recommended Engagement: ☒ Directive Decision (Information Sharing-One way communication) Goal: To educate and inform citizens Tools: ☐ Individual Notification or ☒ Public Notification ☐ Consultative Decision (Consulting the Public – Two way communication) Goal: To seek feedback, test ideas, develop concepts and collaborative solutions Tools: ☐ Public Hearing ☐ Open House ☐ Focus Group ☐ Other- ☐ Collaborative Decision (Active Participation- Share or delegate decision making) Goal: To share or delegate decision making Tools: ☐ Participatory Decision Making ☐ Inter-Municipal Agreement ☐ Other- Attachments: Policy # 3-1, Council Compensation and Expense Reimbursement. Follow-up Actions: CAO Approval: Mike Haugen, Chief Administrative Officer 54 2022.02.08 Council Package POLICY Section Policy No. Page COUNCIL POLICIES 3-1 1 of 7 Policy Title Date: Motion No. Council Compensation and Expense Reimbursement June 8, 2021 126/21 Purpose: The purpose of this policy is to establish salary and expense reimbursement for the Councillors of Kneehill County. Policy Procedure: Base Rate 1. “Base Rate” means the monthly rate paid to Councillors for attendance at the following: • Meetings with residents and Community Groups (include open houses and public meetings.) • Informal meetings with the CAO, staff and Councillors • Preparation for Council and Committee meetings. • Work within the divisions with residents and businesses. • Attendance at meetings and social functions as dignitaries representing the County. (eg. Remembrance Day ceremonies, parades, Christmas Parties, farewell parties, photo ops) 2. Elected Officials shall receive a basic salary per month, as detailed under “Monthly Salary” in Part 1 of Schedule A, for activities as described above. 3. The base rate will be modified each year as needed based on any organizational market adjustments included in the County’s approved budget. Per Diems 4. “Per Diem” means the daily rate paid to Councillors for attendance at approved meetings/Conferences as follows: • Regular Council meetings, Special Council meetings, Committee of the Whole meetings and Organizational meetings • All internal committee meetings of the County • All external Committee or Commission meetings of the County for which no other per diem is paid. • Conferences/Conventions  The fall and spring RMA Conventions  The Agricultural Service Board Convention (Councillor Representatives of the ASB)  The Agricultural Service Board Summer Tour (Councillor Representatives of the ASB)  The Federation of Canadian Municipalities Conference  The Annual Alberta Urban Municipalities Alberta Municipalites Conference (Reeve or Designate)  The Economic Development Association Conference (Councillor Representative for Central Alberta Economic Partnership) 55 2022.02.08 Council Package POLICY Section Policy No. Page COUNCIL POLICIES 3-1 2 of 7 Policy Title Date: Motion No. Council Compensation and Expense Reimbursement June 8, 2021 126/21  Alberta Seniors and Community Housing Association (ASCHA) Convention (Councillor Representatives for Kneehill Housing Corporation)  Waste Reduction Conference (Councillor Representative for Drumheller and District Solid Waste Association)  Family and Community Support Services Conference (Councillor Representative for Kneehill Regional FCSS) • RMA District Meetings including:  The fall and spring Central Zone Director meetings. (Reeve or Designate) • Meetings with other municipalities • Meetings with other government agencies • Training sessions including:  Elected Official Education Programs  Annual Brownlee Law Seminar  Annual RMRF Law Seminar • Attendance as an alternate at a Committee or Commission meeting. • All other meetings approved by Council. 5. Councillors shall be eligible to claim a per diem amount as detailed under “Per Diem” in Part 2 of Schedule A, for time spent attending meetings and/or functions identified above. 6. Councillors will be compensated at full day per diem or half day per diem subject to the following qualifications, inclusive of travel time: a. Meeting(s) 0-4 hours- half day per diem, b. Meeting(s) 4-8 hours- full day per diem c. Meetings(s) 8 + hours- Total claim may not exceed one full day per diem 7. If a Councillor is a Chair of a Committee meeting, then that meeting may be considered to be a full day for that Councillor. 8. It is the responsibility of the Councillor to ensure a motion of Council for the Councillor’s attendance is made prior to the Councillor claiming it on their monthly expense report. 9. In cases where Reeve/Councillors have been appointed to a special committee/board where meetings are held outside of County boundaries (i.e. RMA Committees), a resolution of Council is required to confirm such appointment. Once Council approval has been provided, the Reeve/Councillor is entitled to collect a per diem amount for attendance at these out-of-County committee/board meetings. 10. If the Reeve attends or participates in a meeting in an ex officio capacity, the Reeve will be considered in serving as an appointed committee member and is eligible to claim a per diem for attending the meeting. 11. The Per Diem Rate will be modified each year as needed based on any organizational market adjustments included in the County’s approved budget. Time Sheets/Expense Reports 12. All Councillors shall submit a monthly timesheet and expense report for reimbursement by the fourth business day of the following month. 56 2022.02.08 Council Package POLICY Section Policy No. Page COUNCIL POLICIES 3-1 3 of 7 Policy Title Date: Motion No. Council Compensation and Expense Reimbursement June 8, 2021 126/21 13. In the event that timesheets are not received by the fourth business day of the following month, only the honorarium and the communications allowance will be processed and any outstanding compensation will be added to the next month’s compensation. 14. To provide for transparency, the Councillor Expense Sheets will be displayed on the Kneehill County Website. Boards, Commission or Committees 15. In the event that a Councillor shall receive any remuneration from another board, commission or committee for the Councillor’s duly authorized attendance, on behalf of the County at a meeting of said board, commission or committee, the Councillor shall pay to the County said remuneration before accepting any remuneration, allowance or expenses from the County. If remuneration by the external entity is less than the County policy, the difference will be paid to match County policy. 16. It is the Committee Member’s duty to call an Alternate Committee Member to attend a Committee meeting if the regular Committee Member cannot attend. A Committee Member may also invite an alternate member to attend a Committee meeting, as an observer only (non-voting), should the Committee Member deem it necessary for the alternate member to attend the meeting. 17. As per the Municipal Government Act, Section 154 (2), the Reeve is a member of all Council Committees and all bodies to which Council has the right to appoint members under the Act, unless the Council provides otherwise. Reeve allowance for attending ad hoc meetings 18. There may be times where the Reeve’s attendance is requested by a Minister, RMA president, or other top officials, and the meeting date is before the next Council meeting to get prior approval. In these circumstances, the Reeve is authorized to attend and receive a per-diem for his attendance. Mileage 19. Mileage will be paid to Councillors while they are on County Business. 20. Mileage rates are set annually using the rate determined by Canada Revenue Agency. Meals 21. Where a Councillor is required to travel on approved County business, the Councillor may claim: a. a meal allowance identified under “Meal Allowance” in Part 4 of Schedule A; or b. the actual cost of the meal (including gratuity and GST) with the submission of a receipt. 22. Kneehill County will not provide reimbursement for alcoholic beverages. 23. The meal for a spouse or significant other shall only be paid for by the County as part of a larger business group. Travel Remuneration 24. An overnight allowance of $30.00 per night will be provided to Council members for the actual nights spent away from home while they are required to travel on County business. 25. Hotel Accommodation Expenses incurred by Members of Council while on County business shall be reimbursed with a submission of a receipt. 57 2022.02.08 Council Package POLICY Section Policy No. Page COUNCIL POLICIES 3-1 4 of 7 Policy Title Date: Motion No. Council Compensation and Expense Reimbursement June 8, 2021 126/21 26. Councillors who choose private accommodations instead of commercial accommodation are eligible to be reimbursed $100.00 per night with no receipts required. 27. Other travel expenses (parking, taxis, etc.) will require a receipt in order to be reimbursed. 28. When flying to a conference is less expensive than driving, the County will reimburse the Councillor for the average cost of the flight, mileage to and from the Calgary International Airport, airport parking fees, and taxi or bus costs from the airport to the venue or to the destination hotel. No additional allowance will be paid for the additional meals or overnight accommodations due to any increase in travel time resulting from the decision to use a personal vehicle. Councillor Partners Program and Allowance 29. An overnight allowance of $30.00 per night can be claimed by all Councillors who bring their significant others to a conference. 30. Kneehill County will pay for the Partners’ Programs attended during the RMA Conference, the Agricultural Service Board Summer Tour and the Federation of Canadian Municipalities (FCM) Conference. 31. Kneehill County will cover the cost for spouse’s airfare expense to FCM. Communications Electronic Devices 32. An electronic device can be defined as, but not limited to, laptop computer, tablet or any other device as approved by the CAO. 33. All Councillors at the beginning of the Council term, are provided with an electronic device. 34. The Electronic Device will come preloaded with all software in to: a. Open Email b. Web-based collaboration (eg. Go to Meeting) c. Open Word Files d. Open PDF files 35. At the end of the Council term, a Councillor may maintain ownership of his/her electronic device. 36. If the electronic device supplied by Kneehill County malfunctions and is in need of repair during the Council term, a Councillor can contact the CAO to arrange service. Maintenance is limited to County supplied devices only. Allowance 37. Councillors are eligible to receive a communication allowance, as detailed under “Communications Allowance” in Part 5 of Schedule A, for items which may include but are not limited to: e. Cellular phone f. Internet connection g. Long distance calls 58 2022.02.08 Council Package POLICY Section Policy No. Page COUNCIL POLICIES 3-1 5 of 7 Policy Title Date: Motion No. Council Compensation and Expense Reimbursement June 8, 2021 126/21 h. Communication facility costs. Divisional Meeting Allowance 38. An allowance for each Divisional Councillor will be set during the budget deliberations, as detailed under “Divisional Meeting Allowance” in Part 6 of Schedule A, for each Councillor to host one Divisional Meeting per year. 39. In order for the Divisional meeting expenses to be covered by the County, the meeting needs to be advertised and promoted as per Kneehill County’s Advertising Bylaw. 40. The Divisional Councillor must complete a report to Council after the event. Benefits Group Health Insurance 41. Kneehill County Councillors will be covered, through a special insurance classification, under the Kneehill County’s group health coverage. The cost of these premiums will be 100% covered by Kneehill County. 42. The Group Health Coverage categories include the following: • Resilience Services (Employee Assistance Program) • Extended Health Care • Dental Care • Health Spending Account of $750 per Councillor per calendar year 43. Should the Councillor no longer qualify under the current group health plan, due to age restriction, an alternative private plan with similar coverage, available through Kneehill County’s current carrier will be provided. Accidental Death & Dismemberment and Disability Insurance 44. Councillors will also be covered for a 24-hour Accidental Death and Dismemberment and disability insurance policy through the Alberta Association of Municipal Districts and Counties, as follows: • $100,000 AD&D insurance • $300 weekly Accident Indemnity • $15,000 Accidental Medical • $5,000 Dental Accident 45. The cost of these premiums will be 100% covered by Kneehill County. There is no age limitation to this policy. 46. The premium associated with Accidental Death & Dismemberment and Disability Insurance is a taxable benefit to the Councillor. Promotional Clothing 47. As Council is elected for a four-year term, each Councillor may at any time during this term receive up to $600.00 of County merchandise. During their term, a pro-rated amount will be available for any Councillor that is elected through by-election. 59 2022.02.08 Council Package POLICY Section Policy No. Page COUNCIL POLICIES 3-1 6 of 7 Policy Title Date: Motion No. Council Compensation and Expense Reimbursement June 8, 2021 126/21 48. Should the cost of the clothing or goods be greater than the maximum County donation, then the Councillor will be required to reimburse the difference prior to the merchandise being delivered. 49. As this is Kneehill County promotional material, should no merchandise be purchased or selected, no other items or cash equivalent will be distributed to any Councillor. Jerry Wittstock, Reeve Mike Haugen, CAO Approved: March 9, 2021 126/21 Approved: June 8, 2021 260/21 Approved: June 8, 2021 126/21 Review Date: June 8, 2025 60 2022.02.08 Council Package Schedule “A” Part 1- Monthly Salary Council shall receive the following monthly honorarium as follows: Monthly Salary Reeve $2,800.00 Deputy Reeve $2,400.00 Councillor $2,100.00 Part 2- Per Diem Per Diem Rates for all members of Council are as follows: Per Diem Rate Full Day $325.00 Half Day $162.50 Part 3- Mileage Mileage rates for all members of Council are as follows: Mileage CRA Rate Part 4- Meal Allowance Meal allowance without receipt for all members of Council are as follows: Meal Allowance Breakfast $15.00 Lunch $15.00 Dinner $25.00 Part 5- Communications Allowance Council shall receive the following Communication allowance: Communications Allowance $200.00 per month Part 6- Divisional Meeting Allowance The following allowance for each Councillor to host a Divisional meeting will be included in the draft budget each year: Divisional Meeting Allowance $500.00 per Councillor 61 2022.02.08 Council Package REQUEST FOR DECISION AGENDA ITEM # 7.3 Page 1 of 2 Version: 2020-02 Subject: Southern Alberta Energy from Waste Association (SAEWA) Meeting Date: Tuesday, February 8, 2022 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 direct administration to include the Southern Alberta Energy from Waste Association membership in the Operating Budget. Background/ Proposal The Southern Alberta Energy from Waste Association is a non-profit coalition of municipal entities and waste management jurisdictions in southern Alberta committed to the research and implementation of energy recovery from non- recyclable waste materials that will reduce long-term reliance on landfills. Established in 2009, SAEWA is seeking to foster sustainable waste management practices that contribute to our society’s overall resource efficiency and environmental responsibility. SAEWA is in the final planning stages to develop an Energy from waste facility that will handle the conversion of municipal and other sources of solid waste into energy. This facility is proposed to be built at the Newell County Landfill just outside of Brooks. Discussion/ Options/ Benefits/ Disadvantages: In 2010, the DDSWM upgraded their facility to provide service to our region for the next 50+ years. As the capacity to deal with our regional waste is available for many years, it may not be feasible to ship our waste to this new facility once built. Up until this time, the DDSWM had maintained a membership is SAEWA on behalf of its member municipalities. On January 12th, 2021 Council approved to pay the 2021 requisition on behalf of Kneehill County. There was no direction given for future years. Financial Implications: Since the inception of this organization, DDSWM has purchased a membership on behalf of all municipalities within DDSWM. At the DDSWM meeting on December 17th, 2020, the organization passed a motion to withdraw their membership from the SAEWA, and that each individual municipality purchase their own membership should they choose to remain part of SAEWA. The membership fee is $.53 per capita; Kneehill County would receive an invoice for $2,650.53. Council Options: 1. Council may direct administration to include the SAEWA membership in the Operating Budget. 2. Council may opt to direct Administration to explore any requirements for ending the County’s membership in SAEWA. 62 2022.02.08 Council Package REQUEST FOR DECISION AGENDA ITEM # 7.3 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: SAEWA Board Meeting Highlights Follow-up Actions: CAO Approval: Mike Haugen, Chief Administrative Officer 63 2022.02.08 Council Package SAEWA Board Highlights Sheet – 2021.12.10 1 | P a g e December 10, 2021 - Board Meeting Summary Highlights A full review of approved meeting minutes is available at: saewa.ca / Board Meeting Minutes The meeting was called to order by Chair Grant @ 12:08 p.m. - The Board did Motion – carried all To move the December 10, 2021 Agenda as presented - The Board did Motion – carried all To approve the minutes from the October 8, 2021 Board meeting as presented - The Board did Motion – carried all To approve the December 8, 2021 Executive Minutes (draft) as circulated for information - The Board did Motion – carried all To approve the SAEWA 2022 Budget as presented - SAEWA Board Orientation session commenced @ 12:27 p.m. – The Chair opened the session with round-table Introductions - A power- point was delivered by Administration beginning in the order of the SAEWA Bylaws and policies as they pertain to the organization: Board Representation and Individual Board Representative, and Communication Policy documents - The Chair did for the record advise that there is 1 interim position vacant until the AGM 2022 to serve on the Executive Committee – an interest in serving as interim Executive Officer at Large has been received and recorded - Detailed History & Background of SAEWA, project developments and documents provided by the project Champions: Vice Chair / Project Lead Paul Ryan; Kim Craig (former Chair 2012 – 2016; Executive / Director 2012 – current; and current Chair, Tom Grant, and Director, Greg Sheppard) whom have all been part of the project since inception of working group to the organization non-profit and Society of Alberta development 2012 - Detailed discussion of the Communication Policy and Plan was provided emphasizing we are in a formal EOI procurement process and the Talking Points have been established to maintain continuity of information which is critical to the project and that all inquiries for information or media should be forwarded to SAEWA administration: sherry@saewa.ca to be reviewed by the SAEWA Steering Committee - SAEWA Steering Committee was introduced to the new Board and background provided as to their role and representation of the SAEWA project and the REOI, and EOI screening and selection process which we are in progress of - Review of Most Common Questions asked: What is taking So Long? Where a detailed discussion and feedback was provided that included recognition of the fact that $2.3 million dollars of engineering has been completed through grant funding that involved significant delays due to a long and difficult process waiting, searching for funding whereas a private investment would not have had these delays as they have established funding so while that has been the most obvious delay it also speaks to the accomplishment of SAEWA in moving a $500 – 700 million dollar EfW project forward progressively in the order required without bias or subjectivity of information as SAEWA 64 2022.02.08 Council Package SAEWA Board Highlights Sheet – 2021.12.10 2 | P a g e has always remained neutral until the science has been proven in order to make a balanced, informed, and responsible decision that cannot be challenged by science or out-layer logic - An overview of the Economic Outputs Summary reported within the power point presentation which was a document created by HDR (Engineers of Record) to capture the economic benefits of an EfW project in the Newell County Economic Region - Discussion provided on the background of HDR Corporation as the Lead EfW Engineering Specialist Firm in Canada and SAEWA’s Engineer of Record - The EOI screening & selection process is scheduled for Q1 2022 – Q1 2023 as the Road Map forward was reviewed establishing projected timelines for moving project deliverables forward - Funding of the EOI discussed in greater detail as questions put forward: If SAEWA is not successful in their application to Federal: Canada Jobs Grant and Provincial: Alberta Community Partnerships Funding Program how will the EOI screening process be completed? – SAEWA Administration advised we will be discussing the review of the project budget with HDR at the next Steering Committee Meeting in process of being scheduled which will be supportive of expediting the process - All were advised that SAEWA has sent an update to the EOI (3) consortia to advise that the process is being scheduled for Q1 2022 (acknowledgements of the update were received from the consortia) Action Item: SAEWA will update them further on the status early 2022 keeping them informed that the review process is moving forward - Board Reports received - Next Board Meeting scheduled for Friday, January 28, 2022 (note: Board Meetings are scheduled to be held the 4th Friday of the month) - End Meeting 3:02 p.m. - & Best Wishes for a Happy & Safe Holiday Season Thank you to our members and see you in 2022 65 2022.02.08 Council Package REQUEST FOR DECISION AGENDA ITEM # 7.4 Page 1 of 2 Version: 2020-02 Subject: Proposed Kneehill Medical Services Recruitment and Retention Terms of Reference Meeting Date: Tuesday, February 8, 2022 Prepared By: Mike Haugen, CAO Presented By: Mike Haugen, CAO Link to Strat Plan: Preserving Rural Way of Life Recommended Motion: That Council approve the Medical Services Recruitment and Retention Terms of Reference in principle. Background/ Proposal The municipalities of Kneehill County, Town of Three Hills, Town of Trochu, Village of Acme, Village of Carbon, and Village of Linden currently collaborate on the recruitment of Doctors and other medical staff. This is conducted through the Doctor Recruitment and Retention Task Force and is focused on the Three Hills Medical Clinic. At the request of its municipal members the Kneehill Regional Partnership undertook a review of the Task Force terms of reference with the intent of clarifying and updating them. As part of this process the Partnership consulted with member municipalities and the current Task Force through multiple surveys. After considering this feedback, the Partnership established parameters for the Task Force and generated a updated terms of reference for consideration. Discussion/ Options/ Benefits/ Disadvantages: The updated Terms of Reference provide clarity in the Task Force’s composition, operation, and scope of activities. The Partnership is suggesting that the Task Force expand its focus beyond the Three Hills Medical Clinic. It is also suggesting that the Task Force define its own scope regarding medical services with the caveat that Doctors and Nurse Practitioners be the priority. Additionally, the proposed Terms of Reference creates an annual funding component that does not exist under the existing Task Force documents. Financial Implications: Adoption of the proposed Terms of Reference would create an annual funding commitment of $10,000 per year. Previously, the Task Force would make large funding calls as necessary. The last funding call to members was several years ago. Council Options: 1. Council may opt to approve the proposed Terms of Reference in principle. 2. Council may opt to not support the proposed Terms of Reference. 66 2022.02.08 Council Package REQUEST FOR DECISION AGENDA ITEM # 7.4 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: Proposed Kneehill Medical Services Recruitment and Retention Terms of Reference. Follow-up Actions: Administration will notify the Kneehill Regional Partnership as appropriate. CAO Approval: Mike Haugen, Chief Administrative Officer 67 2022.02.08 Council Package 1 Kneehill Medical Services Recruitment and Retention Task Force Regional Agreement Name The name shall be the Kneehill Medical Services Recruitment and Retention Task Force (the “Task Force”). Purpose: The purpose of the Task Force is to build a sustainable system for the attraction and retention of medical professionals that will establish ongoing healthcare services to the member communities within Kneehill County. Objectives 1. To facilitate recruitment and retention of needed medical professionals, with a focus on retention. 2. To reduce the need for recruitment through retention efforts, focusing on community integration. 3. To act as community boosters during medical professional recruitment processes. 4. To evaluate specific issues that may restrict or limit the effectiveness of retention or attraction activities and make recommendations to relevant agencies or groups to address those issues. Medical Professionals The Task Force will be responsible for defining the scope of “Medical Professionals” with the understanding that Doctors and Nurse Practitioners will be the highest priorities. Scope of Activities In order to fulfill the objectives of the Task Force, the following activities are considered In Scope: - Liaise with Alberta Health Services (AHS) and be familiar with AHS recruitment roles, plans, and strategies. 68 2022.02.08 Council Package 2 - Identify key community players and establish practices for introducing potential recruitments to the regional communities. - Develop programs and incentives to develop and attract locally trained doctors. - Facilitate the introduction of medical students to rural communities and practice. - Establish a standard scope and process for retention contracts. - Develop ways of showing appreciation for medical professionals through fostering community support and awareness. - Identify and celebrate successes. The following activities are considered outside the scope of the Task Force: - Duplication of AHS activities. - Fundraising. - Providing subsidies or funding to private business interests. - Having involvement in the day to day operations of medical professionals. Working Groups and Sub-Committees The Task Force may decide to appoint working groups or sub-committees to work on specific functions. Such working groups or sub-committees will be given clear written mandates by the Task Force. External stakeholders may be appointed to working groups and sub-committees by the Task Force. No working group or sub-committee shall be delegated authority from the Task Force or have the ability to bind the Task Force. Composition of the Task Force The Task Force will be comprised of: 1. One elected official from each member municipality as a primary voting member. 2. One elected official from each member municipality as an alternate member. 3. One Dr. Representative as chosen by the voting members of the Task Force. 4. The CAO or designate of each member municipality as non-voting members. Voting Only primary members or those elected officials acting in a primary role may vote. 69 2022.02.08 Council Package 3 Decisions of the Task Force will be made through resolution of the Task Force. Votes will be determined by majority rule. Attendance Alternates may attend meetings as observers only but will refrain from speaking and voting unless attending as the primary member. Quorum Quorum of the Task Force is four (4) voting members which must include either the Chair or Vice-Chair. Meeting Frequency The Task Force will meet quarterly. Additional meetings may be called by the Chair with 24 hours notice to the other members. Chair and Vice-Chair Each year at the first meeting following the annual Organizational Meetings of the member municipalities, the Task Force will appoint the positions of Chair and Vice-Chair from among the primary members. The role of the Chair is to: 1. Preside at all meetings of the Task Force. 2. Act as the spokesperson for the Task Force. 3. Act as the point of contact between the Task Force and others such as health practitioners and potential recruitments. The role of the Vice-Chair is to fulfill the role of Chair when the Chair is absent. Electronic Attendance While in person meetings are preferred, members may attend electronically provided that: 1. The meeting venue can support such attendance. 2. Such attendance is not disruptive to the meeting. 3. The member attending electronically is in a secure non-public location. 70 2022.02.08 Council Package 4 The Task Force may choose to discontinue an attendee’s electronic attendance during a meeting if, in the majority opinion of the Task Force, the above criteria is not satisfied. Upon prior agreement, the Task Force may conduct a meeting entirely electronically. Hosting Members will share hosting responsibilities. Hosts will be responsible for arranging meeting locations, access, and any required audio/visual needs. Agendas A formal agenda will be circulated one (1) week prior to meetings, whenever possible. Minutes Draft minutes from each meeting will be circulated to member municipalities within two (2) weeks following each meeting. Reporting Each year prior to September 1st the Task Force will submit an annual report to the member municipalities. At a minimum, the report will outline the activities undertaken by the Task Force and any working groups/sub-committees, current financial status, activity plan and proposed budget for the upcoming year, as well as a three (3) year financial forecast. Funding The Task Force will base its budget and financial forecast based on a per capita rate of $2.00. Reserves The Task Force will establish a retention reserve and endeavour to maintain a normal balance of $100,000. In no instance will the amount of the reserve exceed $150,000. Authority No individual or municipal member of the Task Force has the sole authority to commit the Task Force to an expenditure or course of action. 71 2022.02.08 Council Package 5 Neither an individual or municipal member nor the Task Force has the authority to commit one or more municipal partners to an expenditure or course of action. Managing Partner For the purposes of facilitating the activities of the Task Force, Kneehill County will act as the Managing Partner. To fulfill this role, Kneehill County will provide: 1. Financial Management. 2. Record keeping as per County policy. 3. Provision of administrative support necessary to produce agendas, minutes, and other tasks as required. Termination by a Partner A municipal member may withdraw from the Task Force by giving at least six month’s written notice to the other municipal members. The effective withdrawal date shall be the first December 31st after the six month notice period is concluded. Dispute Resolution Any matter of Intermunicipal concern between the municipalities shall be referred to the Kneehill Regional Partnership for consideration. The decision of the Partnership shall be deemed final. Indemnity The municipal members shall be jointly responsible for the defense of any actions, suits or claims of any kind brought against the Task Force or against an individual member in respect of or arising out of the operations or undertakings of the Task Force. In the event of a judgement, order, or award of any kind being made against the Task Force, or a municipal member, as the result of undertakings of the Committee, the municipal members shall be jointly responsible for the payment of all costs associated with such legal process, award, order, or judgement with each Party’s share being equally apportioned. Enactment This protocol replaces the Doctor Recruitment and Retention Task Force Terms of Reference adopted under the Kneehill Regional Partnership. The previous Dr. Recruitment and Retention Task Force is disbanded and replaced with the Task Force established by this document. 72 2022.02.08 Council Package 6 Funding held by the Kneehill Regional Partnership for the Dr. Recruitment and Retention Task Force will be transferred to the Task Force established by this document. Adoption Signatures Kneehill County Town of Three Hills _________________________ _________________________ Reeve Mayor ________________________ _________________________ CAO CAO Town of Trochu Village of Acme _________________________ _________________________ Mayor Mayor ________________________ _________________________ CAO CAO Village of Carbon Village of Linden _________________________ _________________________ Mayor Mayor ________________________ _________________________ CAO CAO 73 2022.02.08 Council Package REQUEST FOR DECISION AGENDA ITEM # 9.0 Page 1 of 1 Version: 2020-02 Subject: Council & Committee Reports Meeting Date: Tuesday, February 8, 2022 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 accepts the Councillor & Committee Reports item as information. Background/ Proposal The purpose of the Council and Committee Reports is to provide each member with the opportunity to bring forward any matter of general interest to Council or the County. Discussion/ Options/ Benefits/ Disadvantages: Council reports will be included on the agenda when requested by Council and reports may be either in writing, or verbally, or a combination of both. Financial Implications: No cost Council Options: 1. That Council accepts the Council and Committee Reports. 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: Council & Committee Reports Follow-up Actions: CAO Approval: Mike Haugen, Chief Administrative Officer 74 2022.02.08 Council Package Carrie Fobes Division 4 Kneehill Housing Corporation Meeting Date: December 16, 2021 The meeting consisted of board position being filled by old and new members. The board made the decision to increase the rent from $25 to $30 per resident a month. Wage review to be done in January 2022. Reno’s in Linden to upgrade some suites, molding testing was completed, and all was good. Most housing has been filled in Kneehill county just a few vacancies. Looking at ways to advertise for filling empty suites. Carrie Fobes 75 2022.02.08 Council Package 1 Faye McGhee Division 1 January 30, 2022 Council and Committee Report Police Advisory Committee Meeting Date: January 20, 2022 ∗ First meeting since the municipal election. ∗ Jeff Bourne, Councilor for Delburne elected as the chair for this committee. ∗ Sgt. Jamie Day of the Three Hills RCMP gave a thorough report. Highlights include: -Seen a significant increase in Calls to Service and attributes this to the fact that this detachment has worked hard at connecting with the residents and as a result the public is building a higher level of trust and that the success rate of apprehending suspects. -Substantial increase in phone and internet scamming is very concerning. Is spending time educating public and welcomes anything we all can do. Dating type sights are scamming adults. Schools and other groups have made requests for Cyber Safety supports to the detachment. Parents need to be checking their children’s apps for trick apps posing as legit common apps. -There is also significant increase in Mental Health calls. These are very time consuming. Commander Day is working with community groups to find ways to address some of the support needs. -Rural Crime position is going very well and has resulted in arrests. -New member to the detachment Cst. Yolanda. -Support from our Peace Officers’ program in has been greatly appreciated. ∗ Our Peace Officer Natalie Chubala reported for Kneehill County. Her excellence with the educational program is a unique piece to this group. I am personally proud of Kneehill County’s commitment to education first. ∗ The committee members representing the municipalities as an elected official each spoke to the Alberta Municipalities organizations virtual town hall on the independent Alberta Police that the Government of Alberta is suggesting. The common theme was that there is little information on the plan in all regards and that all are frustrated with the fact they left the meeting with even more questions. ∗ Commander Day shared that a member for the security company for Three Hills Hospital has been in contact with himself and that they are collaborating. 76 2022.02.08 Council Package 2 Kneehill Regional Partnership Steering Committee January meeting is rescheduled for February because of the Alberta Municipalities Association Town meeting about the Alberta Policing reports was scheduled at the same time as the partnership. Marigold Library Meeting Date: Saturday, January 29, 2022 ∗ Many accolades to the Building Committee. The building was completed under budget by $720,000. ∗ Marigold will be receiving a loan of $500,000 from Wheatland County which is need much less than $2M anticipated and originally requested. It is to keep sufficient funds until the old HQ building is sold. ∗ Marigold will use the most current Government of Alberta Treasury municipal population numbers for the calculation of 2022 levy requisitions to be distributed in February 2022. [Alberta Population Estimates - Data Tables - Open Government; Municipal (Census Subdivision) Population Estimates: 2016 - 2021 (updated January 13, 2022)] These numbers result in an increase in population of 7% for Marigold’s service population of the same 43 municipalities. Marigold’s total service population is now 340,550, and with Siksika and Stoney Nakoda populations, the total is 348,134. Marigold is clearly the third largest library system in Alberta, based on population, after Calgary and Edmonton. In these documents Kneehill County population is stated to be 5057. Levies will be increased to our 2023 and 2024 levies by $0.11 per cap each year. Reasons given: 1. Inflation and cost increases. 2. Public Library Services Branch of Alberta Municipal Affairs is passing service costs to library systems (e.g., government courier and eResource costs) 3. Marigold did not increase levies in 2020, 2021 and 2022. (Executive advises that it is not a good practice to leave too many years between increases because the catch-up can be costly) 4. We cannot rely on population increases year after year (as Yellowhead Library System is now discovering because of city expropriations) 5. Marigold needs to rebuild its operational (contingency) reserve ∗ The annual Library Staff & Board Trustee Satisfaction Survey was distributed to member library staff and volunteers, local boards, and the Marigold Board during the period of November 1-26, 2021. Marigold is satisfied with the overall results of the survey. The highest rated category for 2021 was once again “Delivery Services provided by Marigold” which ranked 4.73 out of 5. The lowest rated category was “Marigold’s Programming” which ranked 3.92 out of 5. Because the pandemic restricted the lending of most of Marigold’s programming resources such as kits and games, the delivery of programming to a virtual method, and many libraries unable to deliver a lot of in-person programming, it 77 2022.02.08 Council Package 3 was not possible for library staff to utilize the full scope of resources that are typically available. Many individuals expressed their appreciation for the assistance, support, and services that they had received during a very difficult time. Alberta Provincial Police Transition Study Engagement Session Meeting Date: Saturday, January 29, 2022 ∗ Presented by Douglas Morgan, CD, MPA; Executive Director / Project Principal; Alberta Provincial Police Service Transition Secretariat; Justice and Solicitor General, Government of Alberta. ∗ Dwayne Lakusta, Executive Director of Law Enforcement and Police Oversight Government of Alberta (formally the Chief Executive Officer, Alberta Law Enforcement Response Teams, ALERT), also shared his expertise. ∗ Was clearly a presentation by a Public Servant and was not given any room for political questions or opinions. For me, this was what made this session beneficial. The presentation was of the facts and information in the PwC’s. (PricewaterhouseCoopers) three reports: • https://open.alberta.ca/publications/apps-transition-study-final-report • https://open.alberta.ca/publications/apps-current-state-report • https://open.alberta.ca/publications/apps-future-state-report ∗ In preparation for attending session all three reports (just under 400pgs) was to be read and then the session was to bring clarity to the information and to give opportunity to have conversation on the suggestions in the reports. The presenter had compiled the main points into power point that was an excellent way to compare the now to the suggested provincial police force. The presenter would regularly remind us that this report is only the suggestions and none of the points have been decided. ∗ Very informative. Asked many questions that I have. ∗ Alberta Provincial Police Service Transition Secretariat staff next step will be inviting Albertans to give feedback to a questionnaire. ∗ One of the points I brought forward was that there needs to be consideration to the difference definitions of Rural. That for any provincial plan what I call “small rural” like Carbon and” isolated rural” like farmsteads have very different components and needs than the rural large town or city. 78 2022.02.08 Council Package Meeting Date Motion #Description/Motion Action Required Assigned To Due Date Status 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.COMPLETED 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 Ziehr The first of two agreements has been concluded. The second will take place in late 2022. 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.Mike Ziehr Identified to come back to Council during Q1 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 Will take place in 2022 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 Information on various options is being developed for submission to Council 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).COMPLETED Bill McKennan Completed 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 In Progress 28-Sep-21 355/21 Deputy Reeve McGhee moved that Council discuss long term planning for Horseshoe Canyon at a future Committee of the Whole meeting.Shelby Sherwick In Progress 21-Oct-21 366/21 Deputy Reeve McGhee moved that Council direct administration to bring back more information on possible opportunities for better recycling, including costs for hamlets to have small bins, to a future Committee of the Whole meeting.John McKiernan Collection of information is ongoing to prepare a presentation to Council 09-Nov-21 458/21 Deputy Reeve King moved that Council authorize that the net proceeds from the sale of the Sundre (McCall) land be contributed to the gravel reserve.Bill McKennan 09-Nov-21 460/21 Councillor McGhee moved that Council agree to entering into a Tax Agreement with Vantage Point Resources Inc. for the payment of their current tax arrears and 2021, 2022 & 2023 levies over a 29-month payment plan, from October 31, 2021, to February 28, 2024, and no penalties be assessed.COMPLETED Bill McKennan 09-Nov-21 465/21 Deputy Reeve King moved that as part of the 2022 budget deliberations the Capital Mailing Project be included.Christine Anderson Other program opions are being developed. Discussion to take place during budget. 30-Nov-21 482/21 Councillor McGhee moved that Council submit the following initiatives to the Kneehill Regional Partnership as options for exploring regionalization or regional partnerships:1. Fire Services Level Policy Review2. Explore Kneehill – Phase 23. Emergency Disaster Response Training4. Recreation Promotion5. Broadband Study COMPLETED Mike Haugen Council Action Items 79 2022.02.08 Council Package Meeting Date Motion #Description/Motion Action Required Assigned To Due Date Status Council Action Items 14-Dec-21 497/21 Councillor Penner moved that Council agree to enter into a Tax Agreement with 2234873 Alberta Ltd. for the payment of the 2021 taxes and no penalties to be assessed for a period of up to six months.COMPLETED Marika Von Mirbach In progress 14-Dec-21 498/21 Councillor Fobes moved that Council approve that Rural Community Halls retain their 2020 funding level classification under Policy #15-13, Rural Community Halls for the 2022 budget year.COMPLETED Carolyn Van der Kuil In Progress 14-Dec-21 499/21 Councillor Fobes moved that Council approve a one-time COVID Relief Grant to the Rural Community Halls listed in Policy #15-13 at the following levels: Level A Funding at $5,000.00; Level C Funding at $1650.00; and to be funded from the 2021 Operating Budget.COMPLETED Carolyn Van der Kuil In Progress 14-Dec-21 502/21 Councillor Penner moved that Council accept this BCOMM Presentation for information and request Administration to come back at a future date with additional information. 11-Jan-21 3/22 Councillor Christie moved that Council appoint Shelby Sherwick as Agricultural Fieldman for Kneehill County.COMPLETED 11-Jan-21 4/22 Councillor Cunningham moved that Council provide a letter of support to MP Martin Shields for use in seeking clarification regarding retroactive RCMP payments from the Minister of Public Safety and President of the Treasury Board.COMPLETED 11-Jan-21 5/22 Councillor McGhee moved that Council decline the opportunity to formally meet with the Minister of Municipal Affairs at the RMA Spring Convention. COMPLETED 11-Jan-21 8/22 Councillor Penner moved that Council receive the presentation from the Kneehill Regional Family and Community Support Services (FCSS) for information, as presented.COMPLETED 11-Jan-21 9/22 Deputy Reeve King moved that Council approve a sponsorship to the Alberta Junior Achievement program, in the amount of $3,000 per year for a period of 3 years.COMPLETED 80 2022.02.08 Council Package REQUEST FOR DECISION AGENDA ITEM # 10.0 Page 1 of 1 Version: 2020-01 Subject: Council Follow-up Action List Meeting Date: Tuesday, February 8, 2022 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: January 11, 2022 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 81 2022.02.08 Council Package AMENDMENT SUMMARY Council Meeting Date: February 8, 2022 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: No additions were made to the agenda Package: No additions were made to the package 82 2022.02.08 Council Package