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HomeMy WebLinkAbout2022.07.19 Council Meeting Adopted PackageCOUNCIL MEETING AGENDA 1600-2nd Street NE Three Hills, AB T0M 2A0 July 19, 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 June 28, 2022 3.0 Appointments 3.1 Public Hearing: Bylaw 1857; Redesignating a portion of SE-22-30-25- W4 Plan 011 2534 Block A Lot 1 from Agriculture District to Light Industrial District @ 9:00 a.m. 4.0 Infrastructure- Roads/Bridges/Water/Wastewater/Environment No Report 5.0 Community Services 5.1 Planning No Report 5.2 Agricultural Service Board & Parks No Report 5.3 Protective Services 5.3.1 Peace Officer Policy Review 5.3.2 Rocky View County Mutual Aid Agreement 5.3.3 Capital Equipment Plan; Three Hills Tender Replacement 5.4 Economic Development No Report 6.0 Corporate Services No Report 1 2022.07.19 Adopted Council Package July 19, 2022 Council Meeting Agenda Page 2 of 2 7.0 New and Unfinished Business 7.1 Bylaw 1859; Repealing Bylaw 7.2 Kneehill 4-H Sponsorship 7.3 Three Hills Discovery Night 7.4 Kneehill Medical Services Retention and Recruitment Task Force Agreement 7.5 Minister of Municipal Affairs – Meeting Request Invitation 7.6 Alberta Municipal Taxation Professionals Association 8.0 Disposition of Delegation & Public Hearing Business 8.1 Bylaw 1857; Redesignating a portion of SE-22-30-25-W4 Plan 011 2534 Block A Lot 1 from Agriculture District to Light Industrial District. 9.0 Council and Committee Reports 9.1 Kneehill Housing Corporation 9.2 Kneehill Regional Family and Community Support Services 9.3 Trochu Housing Corporation 10.0 Council Follow-up Action List 11.0 Closed Session 11.1 Personnel (FOIP, Section 17) 12.0 Motions from Closed Session 2 2022.07.19 Adopted Council Package 1 ________ Initials MINUTES OF THE JUNE 28, 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 (Virtual Attendance) Division No. 5 Laura Lee Machell-Cunningham, Councillor Division No. 6 Wade Christie, Councillor Division No. 7 Kenneth King, Deputy Reeve ALSO PRESENT: Chief Administrative Officer Mike Haugen Director of Community Services Kevin Gannon Director of Infrastructure Mike Ziehr Protective Services Manager Debra Grosfield 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 New Business 7.3 Virtual Meeting with Minister Shandro to discuss Policing Services 7.4 Alberta Association of Chiefs of Police Awards ADOPTION OF AGENDA 1.2 Adoption of Agenda 209/22 Councillor Christie moved approval of the agenda as amended. CARRIED UNANIMOUSLY MINUTES 2.0 Minutes 2.1 Regular Council Meeting Minutes of June 14, 2022 210/22 Deputy Reeve King moved approval of the June 14, 2022, Council Meeting minutes as presented. CARRIED UNANIMOUSLY 3 2022.07.19 Adopted Council Package COUNCIL MINUTES OF JUNE 28, 2022 2 _________ Initials INFRASTRUCTURE 4.0 Infrastructure- Roads/Bridges/Water/Wastewater/Environment 4.1 2022 Capital Equipment Purchasing 211/22 Councillor McGhee moved that Council approves a draw of $135,000 from the Capital Equipment Replacement Reserve to fund Capital Equipment Plan purchases for which the quotes were higher than originally budgeted. CARRIED UNANIMOUSLY COMMUNITY SERVICES 5.0 Community Services PROTECT SERV 5.3 Protective Services 5.3.1 RCMP Reporting on Council’s Priorities, Public Safety Update 212/22 Councillor Penner moved that Council accept the RCMP Quarterly Report and Kneehill County Public Safety Report for information, as presented. CARRIED UNANIMOUSLY 5.3.2 Peace Officer Program Updates 213/22 Deputy Reeve King moved that Council accept the Peace Officer Program Update for information, as presented. CARRIED UNANIMOUSLY 5.3.3 Kneehill Regional Partnership Project: Fire Level of Service Policies 214/22 Councillor McGhee moved that Council approves the Fire Level of Service Policy project through the Kneehill Regional Partnership, with project funds of $14,000 to come from the Corporate Initiatives 2022 operating funding. CARRIED UNANIMOUSLY The Chair called for a recess at 9:14 a.m. and called the meeting back to order at 9:30 a.m. with all previously mentioned Council members present. APPOINTMENTS 3.0 Appointments 3.1 Marigold Library, Michelle Toombs @ 9:30 a.m. Michelle Toombs, Marigold Library Executive Director, presented to Council an overview of the Marigold Library System. 4 2022.07.19 Adopted Council Package COUNCIL MINUTES OF JUNE 28, 2022 3 _________ Initials NEW BUSINESS 7.0 New and Unfinished Business 7.1 Response to Federal Letter: Rural Economic Development 215/22 Councillor Christie moved that Council direct Administration to draft and send a response on behalf of Kneehill County Council to Members of Parliament (MPs) Kurek, Stubbs, and Gourde on the top three issues affecting rural economic development. CARRIED UNANIMOUSLY 7.2 Bylaw #1858- Repeal of Obsolete Bylaws 216/22 Councillor McGhee moved that first reading be given to Bylaw 1858 that being a bylaw to repeal obsolete, redundant, and outdated bylaws. CARRIED UNANIMOUSLY 217/22 Councillor Penner moved that Council provide second reading to Bylaw 1858. CARRIED UNANIMOUSLY 218/22 Councillor Christie moved that Council provide unanimous consent for third and final reading to Bylaw 1858. CARRIED UNANIMOUSLY 219/22 Deputy Reeve King moved that Council provide third reading to Bylaw 1858. CARRIED UNANIMOUSLY 7.3 Virtual Meeting with Minister Shandro to discuss Policing Services 220/22 Councillor McGhee moved to direct administration to confirm the meeting with the Honourable Minister Shandro regarding police services. CARRIED UNANIMOUSLY 7.4 Alberta Association of Chiefs of Police Awards 221/22 Councillor McGhee moved to direct administration to send a letter on Council’s behalf co-nominating Sgt. Jamie Day for the Alberta Association of Chiefs of Police Outstanding Service Award. CARRIED UNANIMOUSLY 5 2022.07.19 Adopted Council Package COUNCIL MINUTES OF JUNE 28, 2022 4 _________ Initials DISPOSITION OF DELEGATION BUSINESS 8.0 Disposition of Delegation Business & Public Hearing Business 8.1 Marigold Library Agreement and Schedule ‘C’ 222/22 Councillor McGhee moved that Council approve the revised Marigold Library agreement as presented. CARRIED UNANIMOUSLY 223/22 Councillor Penner moved that Council approve the per capita levy rates listed on the revised Marigold Library Schedule “C”, as presented. CARRIED COUNCIL ACT LIST 10.0 Council Follow-Up Action List 224/22 Councillor Penner moved that Council receive for information the Council Follow-Up Action List as presented. CARRIED UNANIMOUSLY ADJOURNMENT Adjournment The meeting adjourned at 10:43 p.m. ________________________ Jerry Wittstock Reeve _______________________ Mike Haugen CAO 6 2022.07.19 Adopted Council Package PUBLIC HEARING REPORT AGENDA ITEM # 3.1 Page 1 of 1 Version: 2020-02 Subject: Bylaw 1857 Redesignation – Agriculture District to Light Industrial District Meeting Date: Tuesday, July 19, 2022 Prepared By: Brandy Hay-Morgan, Planning & Development Officer Presented By: Brandy Hay-Morgan, Planning & Development Officer Link to Strat Plan: Pursuing Focused Growth Background/ Proposal Ext Capital Inc is the current landowner of the SE 22-30-25 W4, Plan 0112534, Block A, Lot 1 and have recently purchased this property in February of 2022. The parcel was purchased, by the new owners, with the impression that the lands were already zoned commercial or industrial use since they had been an occupant for several years. Discussion/ Options/ Benefits/ Disadvantages: The proposed site is located approximately 2.5 miles SE of the Village of Linden as the crow flies. The site is accessed via Range Road 252 (gravel) and is .5 miles south of TWP Rd 304. The applicants currently store their business products (concrete forms) in one bay and are looking to lease the other three bays to other businesses for warehousing purposes. Ext Capital recently purchased the property (February 2022) and were under the impression that the property had previously been redesignated. The owners are following through with the redesignation and aligning the property with the use as per our current Land Use Bylaw. The property has been used as commercial rental bays since 2013 and there is no intention to change this. At the June 23 Municipal Planning Commission meeting, approval was given to allow for a Gas & Oilfield Services Business, Minor to operator out of the structure; this is a Discretionary Use in the Ag District and Light Industrial District. There are four bays available in this structure, two are currently occupied. Below are the uses that can potentially be introduced on the lands that have been redesignated to the Light Industrial District. Industrial Storage and Warehousing (i) is a permitted use in the Light Industrial District. 7 2022.07.19 Adopted Council Package BYLAW NO. 1857 REDESIGNATION FROM AGRICULTURE DISTRICT TO LIGHT INDUSTRIAL DISTRICT BEING A BYLAW OF THE COUNCIL OF KNEEHILL COUNTY, IN THE PROVINCE OF ALBERTA, TO AMEND LAND USE BYLAW NO. 1808 WHEREAS, pursuant to the Municipal Government Act, Chapter M-26, Revised Statutes of Alberta 2000, as amended, a Municipal Council has authority to govern and to pass bylaws respecting the municipality; and WHEREAS, it is deemed necessary and expedient to amend Bylaw No. 1808 in the manner hereinafter. NOW THEREFORE, the Council of Kneehill County, in the Province of Alberta, duly assembled, and under the powers conferred upon it by the Municipal Government Act, RSA 2000, Chapter M-26, and amendment thereto, enacts as follows: 1. THAT in PART XIV- LAND USE MAPS, the relevant 14.65-acres of SE 22-30-25 W4, Plan 011 2534, Block A, Lot 1 shown on the sketch below are to be redesignated from AG – Agriculture District to LI- Light Industrial District. 8 2022.07.19 Adopted Council Package Bylaw No. 1857, Agriculture District to Light Industrial District Bylaw Page 2 of 2 2. EFFECTIVE DATE (1) This bylaw comes into effect upon third reading. READ a first time on this 14th day of June, 2022. Public Hearing Date on this 19th day of July, 2022. READ a second time on this _____ day of _______________, 2022. READ a third time and final time of this ______ day of _________________, 2022. Reeve Jerry Wittstock Date Bylaw Signed Chief Administrative Officer Mike Haugen 9 2022.07.19 Adopted Council Package Land Use Bylaw 1808 118 102. LI – Light Industrial District Purpose To provide for a wide range of low intensive industrial and commercial land uses in the rural areas, which are easily accessible. Permitted Uses (a) Accessory Building (b) Automotive and Recreational Vehicle Sales and Rentals (c) Cannabis, Micro-Cultivation (d) Cannabis, Micro-Processing (e) Cannabis, Nursery License (f) Cannabis, Sale License (Medical) (g) Farm and Industrial Equipment and Machinery Sales and Service (h) Industrial Manufacturing/Processing (i) Industrial Storage & Warehousing (j) Motor Vehicle Servicing, Repair & Storage – Service Station (k) Office (l) Public Utility Building (m) Security Suite (n) Solar, Private – Ground Mounted (o) Veterinary Clinic Discretionary Uses (a) Abattoir (b) Accessory Use(s) (c) Agricultural Processing (d) Agricultural Support Services (e) Auction Mart (f) Auction Mart, Livestock (g) Bulk Fuel Depot (h) Cannabis, Sale License (Non-Medical) (i) Cannabis, Standard Cultivation (j) Cannabis, Standard Processing (k) Car/Truck Wash (l) Commercial Storage (m) Data Centre (n) Drive-through Business (o) Eating and Drinking Establishment (p) Equipment Rentals (q) Gas Bar (r) Gas & Oilfield Services Business, Minor (s) Hazardous/Noxious Uses (t) Housing, Employee (u) Meat Market/Butcher (v) Outdoor Storage Facility (w) Portable Storage Container (x) Public or Quasi-public Use (y) Restaurant (z) Recycling Collection Point (aa) Recycling Depot (bb) Sign (cc) Truck Stop (dd) Veterinary Hospital (ee) Warehousing (ff) Wind Energy Conservation System, Private (gg) Wrecking Yard (1) Subdivision Regulations (a) Minimum Lot Area: 1 acre (0.4 ha) (b) Minimum Lot Area Width 30.5 m (98.4 ft.) LI L I G H T I N D U S T R I A L D I S T R I C T 10 2022.07.19 Adopted Council Package Land Use Bylaw 1808 119 (2) Development Regulations (a) Minimum Gross Floor Area for Housing, Employee: 74 m² (800 ft.²) (b) Minimum Gross Floor Area for Other uses: at the discretion of the Development Authority (c) Maximum Lot Coverage: Sixty Percent (60%) (d) Maximum Height of any Principal or Accessory Structure 12.0 m (39.4 ft.) (3) Siting Regulations (a) Minimum Yard, Front Setback from the rights-of-way of a primary highway or as required by Alberta Transportation: 41.1 m (135 ft.) (b) Minimum Yard, Front Setback from the rights-of-way of a Road other that a primary Highway: 30.5 m (100 ft.) (c) Minimum Side Yard Setback: 7.6 m (25 ft.) (d) Minimum Yard, Rear Setback: 7.6 m (25 ft.) (4) Landscaping Requirements (a) Notwithstanding requirements listed in Part IX, Landscaping, Fencing and Screening, a minimum 3.0 m (10 ft.) wide landscaped buffer shall be provided along the rear and side parcel boundaries adjacent any residential land use. Landscaping shall be provided to the satisfaction of the Development Authority, and may include construction of a 1.8 m (6 ft.) solid fence or wall and the planting of trees and may include the planting of shrubs and/or other vegetation and the construction of a landscaped berm. (b) Notwithstanding (a) above, at the discretion of the Development Authority, screening may be provided along the rear and side parcel boundaries adjacent to non-industrial use land uses and may include the construction of a 1.8 m (6 ft.) tall solid screened fence and the planting of trees, shrubs and other vegetation. (c) Landscaping requirements within the front yard shall be at the discretion of the Development Authority. (d) Landscaping must not impede the sight triangle of intersections of roads and approaches as per Section 36. (5) Special Requirements for Rural Industrial Development (a) Industrial uses and rural industrial parks shall be located within a reasonable distance of: i. a primary highway to which the planned use or park has access; or ii. a railway to which the park has access, or both. (b) Rural industrial parks (3 or more lots) must be contained within an approved Area Structure Plan. 11 2022.07.19 Adopted Council Package Land Use Bylaw 1808 120 (c) Industrial uses and rural industrial parks shall be located and designed so as not to create conflicts with adjacent or surrounding land uses through unsightly appearance, emission of noise or pollutants, creation of dust or similar disturbances. (d) Industrial uses and rural industrial parks shall not locate on lands having a potential for flooding, erosion, subsidence, steep slopes or otherwise containing adverse physical features. (e) Industrial uses and rural industrial parks shall have adequate sewage disposal systems and available water supplies as required by appropriate authorities. (6) In considering subdivision or development permit applications for industrial uses adjacent to existing residential developments, the Development Authority may impose conditions addressing: (a) The provision of proper services and access to the site; (b) Aesthetics; (c) The control of signage; (d) The control of noise; (e) A development agreement, with the need to provide security; and (f) Any other issue deemed necessary by the Development Authority. (7) In addition to the regulations listed above, other regulations may apply. These include Part VII – General Land Use Regulations, Part VIII – Specific Land Use Regulations, Part IX – Landscaping, Fencing and Screening, Part X – Parking and Loading Regulations, and Part XI – Sign Regulations.   12 2022.07.19 Adopted Council Package 13 2022.07.19 Adopted Council Package 142022.07.19 Adopted Council Package ATTACHMENT SHEET AGENDA ITEM # 5.3.1 Page 1 of 4 Version: 2022-01 Subject: Peace Officer Program Updates Meeting Date: Tuesday, July 19, 2022 Prepared By: Debra Grosfield, Manager of Protective Services Presented By: Debra Grosfield, Manager of Protective Services RECOMMENDED MOTION: 1. That Council approve Policy 8-20 - Public Safety General, as presented. 2. That Council approve Policy 8-21 - Use of Force/Enforcement Tools, as presented. 3. That Council approve Policy 8-22 Traffic, Pursuit and Emergency Responses as presented. STRATEGIC PLAN ALIGNMENT: (Check all that apply) ☐ ☐ ☐ ☐ ☒ ☒ Improving Fiscal Sustainability Preserving Rural Way of Life Pursing Focused Growth Ensuring Comms & Engagement Providing Good Governance Level of Service RELEVANT LEGISLATION: Provincial (cite)- Peace Officer Act, Peace Officer Regulation, Peace Officer Manual Council Bylaw/Policy (cite)- Policy 8-20, 8-21 and 8-22 BACKGROUND/PROPOSAL: Alberta Justice and Solicitor General has completed a review of the Peace Officer Program Policy and Procedures Manual. There are changes to the program that affect Kneehill County, as an Authorized Employer under the Program. There are also options for changes we are making you aware of. DISCUSSION/OPTIONS/BENEFITS/DISADVANTAGES/OTHER CONSIDERATIONS: Change to Manual Operational Impact Policy Impact Police service to sign off on Traffic Safety Plans Based on provincial statistics, will work with RCMP on new plan. None, operational CPO Level 2 changes in roles, clarity resulting from Lazenby Inquiry None, we do not have any CPO Level 2 on staff Policy 8-21: Section 2 and 5 Policy 8-22: Section 1 New authority business cases Should we wish to add authorities to Appointments, business cases/intent needed No authority changes in policy, currently. Expansion of geographical options for Shared Service Creating new Shared Service Agreements with Acme, Carbon, Linden, Trochu and Three Hills None, operational. 15 2022.07.19 Adopted Council Package ATTACHMENT SHEET AGENDA ITEM # 5.3.1 Page 2 of 4 Version: 2022-01 Agreements and Joint Forces Operations Amended supervisory review requirements We are in alignment with this requirement as supervisor is not a CPO. Time for reviews added. Policy 8-20: Section 17 Records retention policy requirements Have software in place for incident reports and storage for videos Policy 8-20: Section 14 Operational Procedure to be developed. Warrant file creation/retention Records retention, procedure Policy 8-20: Section 14 Operational Procedure to be developed. Mandatory submission of in-car and body worn camera video with public complaints or pursuit reporting In relation to our records retention and storage of evidence. Policy 8-20: Section 14 Operational Procedure to be developed. Mandatory process for disengaging from possible pursuits Include in the policy procedure. Policy 8-22: Section 3 Standard Operating Guidelines Procedures to be created None, operational Jurisdiction map To be included in policy clearly showing jurisdiction of Traffic Safety Act enforcement Policy 8-20: Section 7 and Schedule A map Privacy policy Include protection of personal information and use of data bases Policy 8-20: Section 14 Operational Procedure to be developed. Disciplinary policy To be created, no longer in our HR policy. Policy 8-20: Section 5 Operational Procedure to be developed. Changes to Program: Enhanced Authority Additional Options Enhanced Authorities may be added by Authorized Employers to provide better service to the community or supplement the police service of the jurisdiction. The authorities available include: 1. Non-urgent community calls: Criminal Code authority may be granted for the offences of “Theft not exceeding $5000” and “Mischief not exceeding $5000”. NOTE: Theft and mischief under $5000 is for investigation purposes only; does not apply to response for in progress responses. 2. Criminal Code warrants: Ability to arrest and release unless Judicial Interim Release hearing required. NOTE: These are restricted to addressing individuals with warrants that a peace officer comes across in the course of their normal duties. 3. Motor Vehicle Collisions: Ability to investigate and submit reports involving non-injury events. NOTE: These are restricted to highways that peace officers have jurisdiction over. Enhanced Authorities require enhanced education and ongoing training, and application to add to appointments through the Solicitor General Program Manager. At a previous meeting, Council supported not seeking additional authorities in the above areas due to peace officer capacity and additional funding required. The Policies presented reflect this direction. 16 2022.07.19 Adopted Council Package ATTACHMENT SHEET AGENDA ITEM # 5.3.1 Page 3 of 4 Version: 2022-01 Further Policy Updates: Policy Section Reason for Change 8-20 General: 2.0 Addition of more community focused duties, deletion of EMS support (these are through RCMP/Fire requests). This section includes a clarification of authority when “on-duty” only. 8-20 General: 3.0 Code of Conduct to include reference to our Social Media Policy. 8-20 General: 6.0 Reference to the Enforcement Officer Bylaw, as they may be different (may be appointed by the CAO and not be a Community Peace Officer). 8-20 General: 7.0 Jurisdiction includes where we can patrol. 7.0 c) excludes Highways 9, 21 and 27, see map for further clarification. This may be expanded by Council to include these highways, for public safety purposes. 8-20 General: 8.0 Clarification on medical responses and that they are not to perform these activities past their trained level of Basic First Aid while on duty as a CPO 8-20 General: 9.0 Known Risk Procedures – we have this in a Procedure, approved by Sol Gen. This references that procedure. 8-20 General: 10.0 Currently have a monitoring system in place, as well as check ins/outs for traffic stops as well as bylaw enforcement calls. 8-20 General: 11.0 Addition of Body Worn Cameras 8-20 General: 12.0 Addition of School Resource Officer 8-21 Use of Force: 5.0 Additional training may be provided outside of the Peace Officer required training 8-22 Traffic: 1.0 This allows for temporary traffic control, such as funeral processions, should we have capacity. FINANCIAL & STAFFING IMPLICATIONS: Operationally, further procedures will need to be written and reviewed. Long term operating costs include software and hardware programming, storage capabilities (Information Technology impacts). Should Level of Service be increased, an additional peace officer may be required in the future. RECOMMENDED ENGAGEMENT: Directive Decision (Information Sharing, One-Way Communication Tools: Individual Notification Other: ATTACHMENTS: Policy 8-20 Public Safety General Policy 8-21 Use of Force, Enforcement Tools Policy 8-22 Traffic, Pursuit and Emergency Responses COUNCIL OPTIONS: 1. That Council approve Policy 8-20 Public Safety General, Policy 8-21 Use of Force/Enforcement Tools, and Policy 8-22 Traffic, Pursuit and Emergency Responses as presented. 17 2022.07.19 Adopted Council Package ATTACHMENT SHEET AGENDA ITEM # 5.3.1 Page 4 of 4 Version: 2022-01 2. That Council give direction on policy amendments and have Administration come back to the August Council meeting. 3. That Council give direction to Administration for additional research to be completed. FOLLOW-UP ACTIONS: Distribute and review policies with Community Peace Officers and external contracts. APPROVAL(S): Mike Haugen, Chief Administrative Officer Approved- ☐ Mike Haugen, Chief Administrative Officer Approved- ☒ 18 2022.07.19 Adopted Council Package POLICY Section Policy No. Page Protective Services 8-20 1 of 13 Policy Title Date: Resolution No. Public Safety General July 19, 2022 1.0 Purpose: Kneehill County Council’s vision includes a safe, rural community. Protective services play a key role in enhancing the lives of our residents in pursuit of quality of life. Public Safety is comprised of professionals committed through cooperative and positive attitudes to be an exemplary model in the delivery of quality of life services through enforcement and safety initiatives. References to the Act shall mean the Alberta Peace Officer Act and Regulations. 2.0 Guidelines: Public Safety is committed to continuous improvement through: • Accountability for our actions • Inter-agency cooperation • Progressive attitudes • Staff development and training within allocated resources Public Safety will strive to increase the quality of life and level of public safety in Kneehill County by: • Peace Officers enforcing authorized provincial statutes within their individual Appointments. • Peace Officers enforcing municipal bylaws within the Kneehill County authorizing bylaw and policies. • Cooperating with, and assisting, internal County departments • Cooperating with, and assisting, external agencies, such as the RCMP, Fire Departments, Family and Community Support Services (FCSS), School Divisions, EMS, and other agencies. • Increasing awareness of public safety issues Kneehill County’s Public Safety Peace Officer program is authorized under the Peace Officer Act, Peace Officer Regulation, and the Peace Officer (Ministerial) Regulation. All Kneehill County Peace Officers will abide by the Public Security Peace Officer Program: Policy and Procedures Manual, and amendments thereto. Peace Officer authority is valid only while an individual is lawfully employed by the specified authorized employer and is “on duty”, performing duties and responsibilities listed on their appointment. A Peace Officer’s enforcement authority is limited to the statutes listed on their appointment, within the territorial jurisdiction specified. 3.0 Code of Conduct: a) Members will abide by Kneehill County’s Employee Code of Conduct, Social Media Policy as well as inclusions of this policy b) Public Safety employees will align to Kneehill County’s Vision, Mission Mission, Statement and Core Values set in the Strategic Plan. 19 2022.07.19 Adopted Council Package POLICY Section Policy No. Page Protective Services 8-20 2 of 13 Policy Title Date: Resolution No. Public Safety General July 19, 2022 c) Peace Officers are professionally trained and will honor their Duty as a member of a professional group of officers under the Alberta Solicitor General. • By pure definition, Duty is something that one is expected or required to do by moral or legal obligation. The binding or obligatory force of something that is morally or legally right; moral or legal obligation, an action or task required by a person’s position of occupation; function. Kneehill County Public Safety Peace Officers will embrace this definition and take pride in the Duty that they have with being a Peace Officer. • Peace Officers are accountable and transparent being ultimately responsible for the results of their decisions, actions or inactions. All Public Safety employees are an integral part of a team at Kneehill County. Integrity in the public service also imposes on public services, at all levels, a commitment to the truth and therefore an obligation to speak the truth; to provide management and with a full range of analysis and advice that will help them make the best possible decisions for the public good. As per the Peace Officer Regulation, the Code of Conduct (applicable to the duties and responsibilities of peace officers) must comply with: (a) the terms and conditions of the Kneehill County’s authorization, (b) the terms of the peace officer’s appointment, (c) the terms of this policy including: • prohibiting peace officers from engaging in disorderly or inappropriate conduct, or acting in a way that would be harmful to the discipline of peace officers or that is likely to discredit the office of peace officer • prohibiting peace officers from withholding or suppressing information, complaints or reports about any other peace officer • requiring peace officers to promptly and diligently perform the peace officers’ duties and responsibilities • prohibiting peace officers from making or signing false, misleading or inaccurate statements, • prohibiting, without lawful excuse, peace officers from destroying, mutilating or concealing records or property, or altering or erasing an entry in a record • respecting when confidentiality must be maintained, requiring peace officers to properly account for or return money or property that the peace officer receives in the peace officer’s capacity as a peace officer • prohibiting activities that may or will result in a conflict of interest or an apprehension of or a lack of integrity in the office of peace officer • prohibiting peace officers from using the peace officer’s position for the peace officer’s own advantage or another person’s advantage • prohibiting peace officers from exercising the peace officer’s authority as a peace officer when it is unnecessary to do so • prohibiting peace officers from consuming alcohol while on duty 20 2022.07.19 Adopted Council Package POLICY Section Policy No. Page Protective Services 8-20 3 of 13 Policy Title Date: Resolution No. Public Safety General July 19, 2022 • prohibiting peace officers from consuming controlled drugs and controlled substances under the Controlled Drugs and Substances Act (Canada), and except in the performance of the peace officer’s duties, prohibiting peace officers from possessing controlled drugs and controlled substances the possession of which is prohibited by law 4.0 Complaints Against Peace Officers: The professional handling of complaints in regards to actions taken by peace officers has a direct impact on accountability and responsibility. A complaint is captured under the auspices of the Act and Regulations if it is made in writing to the authorized employer. If a complainant is unable to provide a written complaint due to a valid reason, then Kneehill County, as the authorized employer, shall take what steps are necessary to have the complaint recorded in writing. Regardless, whether Kneehill County receives a complaint directly, if the manager or supervisor learns of a complaint or serious incident, the employer must deal with the matter in accordance with Part 2 Complaints and Discipline of the Act. 4.1 Complaints Process: a) A written complaint is received by Kneehill County. b) Kneehill County, the employer, must within 30 days and in writing, acknowledge receipt of the complaint to the complainant. c) Notify the peace officer involved of the complaint if appropriate (refer to section 4.6 of this Policy) d) Kneehill County must advise Public Security Division the Ministry of public complaints in accordance with Incident Report Form PS3535. e) Investigate the allegations of the complaint by interviewing the complainant, any witnesses, the peace officer(s) involved if they so consent, and any other person who may have knowledge relevant to the occurrence. f) Review any relevant documents in existence pertaining to the occurrence including, but not limited to: • Occurrence reports • Dispatch logs • Peace officer notebook(s) • Court reports • Legal documents • In car video recordings • Body worn camera recordings • Other recordings, if available g) Notify the complainant, the peace officer involved if appropriate, and Director (Director of Law Enforcement, Province of Alberta) as to the status of the investigation at least once every 45 days. h) Upon conclusion of the investigation, Kneehill County must notify the complainant, the peace officer involved, and the Director of the disposition of the complaint using the following wording: • ‘the complaint is unfounded’ – this means that on the basis of a thorough investigation no reasonable belief exists that the complaint has merit or basis. 21 2022.07.19 Adopted Council Package POLICY Section Policy No. Page Protective Services 8-20 4 of 13 Policy Title Date: Resolution No. Public Safety General July 19, 2022 • ‘the complaint is unsubstantiated’ – this means that on the basis of a thorough investigation there is insufficient evidence to determine the facts of the complaint and that it may or may not have occurred. • ‘the complaint is found to have merit in whole or in part’ – this means that on the basis of a thorough investigation that o ‘in whole’ a reasonable belief exists that the peace officer has engaged in misconduct in regards to the entirety of the complaint; or o ‘in part’ a reasonable belief exists that the peace officer has engaged in misconduct in regards to a portion(s) of the complaint, but not in its entirety. • ‘the complaint is frivolous, vexatious or made in bad faith’ – this disposition will be used when Kneehill County chooses not to investigate a complaint as per Section 15(2) of the Act which allows no investigation to occur when the complaint is deemed to be frivolous, vexatious, or made in bad faith. i) In the event a complaint is found to have merit in whole or in part, Kneehill County must state what disciplinary action has been taken and it must be in accordance with the agency’s disciplinary policy filed with the Director and the Ministry of Justice and Solicitor General. j) The conclusion letter issued to the complaint must contain the following closing paragraph which communicates to the complainant that appeals of the decision reached by Kneehill County must be addressed to the Director as required by the Act: “PLEASE BE ADVISED YOU HAVE THE RIGHT TO APPEAL THESE FINDINGS TO THE DIRECTOR OF LAW ENFORCEMENT FOR THE PROVINCE OF ALBERTA PURSUANT TO SECTION 15(4) OF THE PEACE OFFICER ACT. AN APPEAL MUST BE IN WRITING AND INITIATED WITHIN 30 DAYS OF RECEIPT OF THIS DECISION, AND ANY DECISION REACHED BY THE DIRECTOR OF LAW ENFORCEMENT ON APPEAL IS FINAL.” Correspondence to the Director must be sent to: Director of Law Enforcement 10th Floor, 10365-97 Street Edmonton, AB. T5J 3W7 An example of a disposition letter is found in the Peace Officer Manual appendices. 4.2. Complaints Not Requiring Investigation by the Authorized Employer (Section 15.2 of the Act) It is recognized that some complaints will be made under circumstances in which an investigation is not required. The legislation has included four circumstances under which an Kneehill County may choose not to investigate a complaint if, in the opinion of Kneehill County, the complaint falls into one of noted categories: a) Frivolous. A complaint intended merely to harass or embarrass. 22 2022.07.19 Adopted Council Package POLICY Section Policy No. Page Protective Services 8-20 5 of 13 Policy Title Date: Resolution No. Public Safety General July 19, 2022 b) Vexatious. Complaint that has no basis in fact or reason, with its purpose to bother, annoy and embarrass the peace officer or authorized employer. c) Bad Faith. Filing the complaint with intentional dishonesty or with intent to mislead. d) Public complaints received regarding quality of service relating to the interpretation or application of legislation, investigation outcome or action taken as a result of an investigation are not normally considered complaints against the conduct or actions of a peace officer. After a review, Kneehill County may choose not to investigate these occurrences pursuant to Section 15.2 of the Act. • Reasons for not investigating complaints by reason of the above definitions must be explained in written format to the complainant and advise them of the ability to appeal to the Director. • All complaints disposed through this section must be reported to the Director on a monthly basis. 4.3 Informal Complaints Resolution: a) Any complaints concerning the conduct of a member shall be in writing and endorsed with the original signature of the complainant and submitted to the CAO or designate. b) These complaints are captured and investigated under the provisions in the Peace Officer Regulation. c) The CAO or designate shall meet the complainant to discuss their concerns, circumstances, facts, and any other information pertaining to the complaint. If a mutually agreeable solution can be reached by all parties involved, the complaint shall be deemed to be resolved and no further investigation will be necessary. All complaints resolved in this manner pursuant to the Peace Officer Regulation or Act will be reported to the Director of Law Enforcement. d) Any other performance issues shall be referred to the processes outlined in Kneehill County’s Human Resources Policy. e) All complaints resolved in this manner, pursuant to the Act, must be reported to the Director within one month. 4.4 Appeals of Decision: a) Any decision reached by Kneehill County relating to a written complaint may be appealed to the Director of Law Enforcement by virtue of Section 15(4) of the Peace Officer Act. b) A complainant may appeal a decision within 30 days, in writing, to the Director. The Director is then required by the Act to conduct a review of the circumstances and after consideration may direct Kneehill County to take any action the Director considers appropriate or confirm, reverse or vary Kneehill County’s disposition. c) The decision of the Director under this review process is final and there are no avenues for appeal. d) An investigation of an appeal may follow the Investigation Process as outlined in the Peace Officer Manual. 23 2022.07.19 Adopted Council Package POLICY Section Policy No. Page Protective Services 8-20 6 of 13 Policy Title Date: Resolution No. Public Safety General July 19, 2022 4.5 When Appropriate to Notify Peace Officer About Complaint: There may be circumstances where a notification may unduly have a negative impact on an internal investigation or place the complainant in an unfavorable position, the notification to the peace officer may be delayed for a period of time. Consideration must be given to delay informing the peace officer when it may reasonably be suspected that: a) The complainant may be placed in danger, b) The complainant may face other inappropriate action by the peace officer should the peace officer be informed, c) The notification may impede the gathering of evidence during an internal investigation conducted under the Act, d) A reasonable likelihood exists that the complainant may lead to charges under federal or provincial legislation and that notification of the peace officer could impede any resulting police or other investigative agency investigation, or e) Any other situation identified by Kneehill County or Director in which it may be appropriate to delay informing the peace officer about the complaint. 4.6 Authorized Employer Initiated Investigations: a) As an authorized employer, Kneehill County must ensure that peace officers are conducting themselves in a manner that is consistent with the peace officer appointment, legislation, policies and guidelines. b) Kneehill County must report to the Director within one month each founded occurrence so identified and the results of any investigation. c) Occurrences that are reviewed and assessed as unfounded do not need to be reported to the Director. d) The complaints investigative procedure in this policy shall be used to ensure investigations are completed in a consistent and responsible manner. 4.7 Involvement of the Director of Law Enforcement in Public Complaints or Other Investigations (Section 17): The Director may become directly involved in a public complaint or authorized employer initiated investigation when the Director is of the opinion that the authorized employer: a) Is not investigating a public complaint made under section 14 in a manner that is satisfactory to the Director. b) Is not investigating a Section 16 of the Act matter in a manner that is satisfactory to the Director. c) Has failed to investigate a public complaint made under section 14. d) Has failed to investigate a Section 16 matter. e) That an occurrence has been reported that meets the requirements of Section 19 of the Act. The Director will interact with Kneehill County to provide guidance and advice on how to properly exercise their responsibilities, or take matters into their own Public Security Division, as further described in the Peace Officer Manual. The Director may direct the authorized employer to take any action the Director considers appropriate or may investigate and dispose of the complaint or matter. 24 2022.07.19 Adopted Council Package POLICY Section Policy No. Page Protective Services 8-20 7 of 13 Policy Title Date: Resolution No. Public Safety General July 19, 2022 4.8 Peace Officer Appeal Mechanisms: Any decision made by Kneehill County must be appealed through Kneehill County’s Human Resource Policy and procedures. Any change in outcome because of such a process will be recorded by the Peace Officer Program. Where the Director has investigated under any provision of the Act and found fault with the peace officer that has not resulted in the cancellation of the peace officer appointment under Section 8 of the Act, the peace officer is entitled to request the Director review his/her decision and submit new evidence for consideration as per the following process: a) A peace officer may request a review of a decision made by the Director within 30 days, in writing, to the Director, submitting additional evidence for consideration at this time. The Director may conduct a review of the circumstances and after consideration may take any action the Director considers appropriate or confirm, reverse, or vary the initial decision. b) Any investigation required under this provision may follow the investigation process set out in Section 17 of the Peace Officer Manual. 5.0 Discipline Policy Peace Officers will follow the Kneehill County Discipline Procedures, under human resources management. The Peace Officer Act, Manual, and Alberta Transportation systems shall be always followed for complaints process and incident reporting. 6.0 Enforcement Officers Enforcement Officer duties, designations and complaints against enforcement officers are contained within Kneehill County’s Enforcement Bylaw. Should the Peace Officer be acting in this capacity, they are always a Community Peace Officer and must within their appointment, the Act, and the Manual. 7.0 Jurisdiction: a) Peace Officers shall enforce only such laws as listed in their Appointments. b) Patrol areas include all areas within Kneehill County, including the Villages of Acme, Carbon, and Linden and the towns of Three Hills and Trochu. c) Patrol areas do not include Highways 9, 21 and 27, except the portion within the hamlet of Torrington, map of area attached in Schedule A of this policy. d) At no time shall a member act in an official capacity outside their appointed jurisdiction except in the following situations: • If the member is attending court as a witness or on docket duty. • If the member has been requested by the RCMP to assist. • If the member encounters a person in need of assistance while the member is on a routine patrol from one assigned area to another. The member may assist until such time that the agency responsible assumes command. 25 2022.07.19 Adopted Council Package POLICY Section Policy No. Page Protective Services 8-20 8 of 13 Policy Title Date: Resolution No. Public Safety General July 19, 2022 e) Any call received from a person outside the Peace Officer’s jurisdiction shall be advised that the caller has contacted the wrong agency and, if possible, will be supplied with the contact information of the appropriate agency. f) Peace Officers encountering any Criminal Code violations of an indictable or dual procedure type of offence may exercise only the same authority as a private citizen in accordance with the Criminal Code. The member shall endeavor to contact the appropriate police agency. g) Should a call be received in relation to a criminal offence, the called shall be directed to the appropriate police agency. In no event is a member to enter or tamper with a possible crime scene, unless to provide emergency assistance to the public or to another agency requesting services. h) Should a Peace Officer be travelling in their patrol vehicle outside of our jurisdiction, the Officer shall not engage in any active traffic enforcement outside their Appointment, unless requested by a Mutual Aid partner under written agreement procedures. 8.0 Assistance to other Agencies: In the interest of public safety and security, members may be required to assist other agencies, such as Law Enforcement Agencies, Fire Departments, or Emergency Management Response. In the circumstances of Law Enforcement Agencies: • Members may respond to a RCMP call only at the request of the RCMP. • If the situation is a motor vehicle collision and the member finds themselves in the area of the call (particularly on a County road), the member shall advise the Incident Commander that they are in the area and offer assistance. Members are not allowed to self-deploy. • Peace officers may participate in check stops with police services provided their participation does not extend beyond providing traffic control on-site. They are not permitted to question drivers or performing the initial screening of drivers for alcohol impairment. In the circumstances of a Fire Department: • Members may respond as a resource to fire or rescue calls only at the request of the Fire Department. • Members shall limit themselves to duties assigned by the Incident Commander at the scene. Peace Officers shall not engage in any fire suppression, search and rescue or medical first responder activities (First Aid to level trained, if necessary), while on duty as a Peace Officer. • Members are not to assume command unless designated to do so by the CAO or their designate. In the circumstances of Emergency Management Response: • Members may respond to an Emergency Management Response call only at the request of the Director of Emergency Management or their designate, or the CAO or their designate. 9.0 Known Risks - People/Properties: A procedure has been created due to the high-risk Community Peace Officers and Enforcement Officers may encounter in their daily tasks. A known risk includes a person that has threatened to use violence, has used 26 2022.07.19 Adopted Council Package POLICY Section Policy No. Page Protective Services 8-20 9 of 13 Policy Title Date: Resolution No. Public Safety General July 19, 2022 violence in an experience with a law enforcement officer, a county employee or another person. A known risk property includes those which have cautionary flags attached to their file. The procedure must include review and evaluation of flagged properties, and the responsibilities of the employer and the officer. 10.0 Monitoring & Safety Systems: Peace Officers must abide by the Kneehill County Safety Manual and other Kneehill County Policies in the carrying out of duties. Monitoring of patrol units and dispatch check ins/outs will be strictly enforced to ensure safety while on duty. Peace Officers must check in and out at all traffic stops and all bylaw enforcement stops. Additional safety systems may be added if necessary. 11.0 Body Worn Cameras: Peace Officers of Kneehill County will be provided with, and will use, body worn camera (BWC) systems as a means of protection to both the officer and the public which they serve. BWCs will be used in accordance with all governing legislations, bylaws, policies, and procedures of Kneehill County. 11.1 Activation BWCs will be activated with the emergency equipment in the patrol vehicle. Activating a BWC to record can be at the peace officer’s discretion however when activation is manually activated by officer the following guidelines should be adhered to: a) Upon activating the recording, providing it is safe to do so and within reasonable discretion, peace officers can verbally state the date, time, location, nature of the incident and those present at the incident are being recorded. b) While the recording is activated, the peace officer should, whenever possible, continue to state for the recording elements of the situation that may not be readily visible (such as activity on the peripheral of the incident, smells such as alcohol or drugs, actions by the peace officer that may not be captured such as returning the driver’s license. c) As a general guideline, providing it is safe to do so, peace officers shall activate BWC recording in the following contexts: • When arriving at the scene of a serious or critical incident if the camera is not already activated. • When coming upon an incident, or potential incident, during a proactive and routine patrol. • When the decision is made to conduct a traffic stop. • Immediately when responding to a call for assistance from another peace officer or member of the RCMP. • During an initially non-investigative incident if circumstances suggest that the incident may become investigative or the subject of a complaint and/or 27 2022.07.19 Adopted Council Package POLICY Section Policy No. Page Protective Services 8-20 10 of 13 Policy Title Date: Resolution No. Public Safety General July 19, 2022 • At the time of accepting a call from dispatch if the peace officer believes recording the response to be of potential importance. 11.2 De-Activation BWC’s will be de-activated, as a general guideline, when emergency equipment in vehicle is turned off or any of the following circumstances: • A specific investigative incident or charge is completed. • A specific call, or any other incident initially thought to be investigative is determined not to be a matter of further record. • Continuing to record could endanger the safety of the person. • The subject is taken into the RCMP Detachment (such as the guardroom) which is recorded by Closed Circuit Television (CCTV) systems, and • Legal privilege is involved. 12.0 School Resource Officer / School Visits Peace Officers must abide by the school division’s rules and regulations while within the school facilities, including check ins and check outs, or other measures. 13.0 Peace Officer Notebooks: a) Notebooks will be started at the beginning of each shift by writing the time and date, unit number of the vehicle being used, and start mileage; b) Notebooks shall, as necessary, indicate all times, dates, interactions with the public, observations, and shall be compatible with any reports generated; c) Notebooks shall be included in court briefs as required; d) Notebooks shall be provided with a number, include page numbers and be filed in numerical order by date and month when the notebook is filled. No spaces shall be left at the bottom of any pages which would allow additional information to be added at a later date; e) Notebooks shall not be kept in vehicles, or unprotected and shall be locked up after every shift. f) Notebooks will be retained by Kneehill County. g) Notebooks remain the property of Kneehill County, not the Peace Officer, and will be retained as per the Kneehill County Record Retention Schedule. 14.0 Records Management & FOIP Peace Officers will follow the Kneehill County records management system regarding records retention and privacy. The Peace Officer Act, Manual, and Alberta Transportation systems shall be always followed. 28 2022.07.19 Adopted Council Package POLICY Section Policy No. Page Protective Services 8-20 11 of 13 Policy Title Date: Resolution No. Public Safety General July 19, 2022 15.0 Exhibit Handling & Disposal of Cannabis: During the course of their duties, Peace Officers may be required to seize cannabis, but should avoid this by using other agencies, if possible. a) Illegal Quantities of Cannabis – If during the course of an investigation the peace officer believes on reasonable and probable grounds that the quantity of Cannabis exceeds the legal 30g allowed in a person(s) possession, the Peace Officer will: • Contact the local RCMP detachment immediately, and • Keep the subject under observation until the RCMP arrive, and • Maintain accurate notes until the RCMP arrive, and • All documentation will be provided to the RCMP, if required. b) Storage of Exhibits – Exhibits seized for the purposes of Court must be stored in an airtight container, inside a locked safe in the municipalities designated locked area. c) Exhibit Ledger – As with all exhibits, the seized items will be documented into the exhibit ledger, a notation of the exhibit control number shall be made on the file, and a record of when the cannabis is disposed of and by which officer will be kept on file. d) Destruction and Disposal of Cannabis – When the Cannabis is no longer required, an Officer will ensure the Cannabis is disposed of and rendered unusable by destroying the Cannabis as per the Alberta Environment and Parks Guidelines, which are: • The Officer will ensure the Cannabis is ground up into small amounts, and • The Officer will mix the ground Cannabis into an air tight container with at least an equal amount of cat litter, and • The Officer will then pour water into the mixture, and • The Officer will then transport the mixture for final disposal to the local Class II Landfill. 16.0 CPIC Access: The Canadian Police Information Centre (CPIC) is a computerized system that provides tactical information about crimes and criminals. CPIC is responsible for the storage, retrieval, and communication of shared operational policy information to all accredited criminal justice and other agencies involved with the detection, investigation, and prevention of crime. Access to CPIC must first be authorized by Kneehill County’s CAO or designate. Access to CPIC information by authorized Kneehill County Peace Officers shall comply with the Alberta Justice and Solicitor General’s regulations and policies. 17.0 Supervisory Review of Files The Act stipulates that the employer is liable for the actions and omissions of a peace officer while the peace officer is acting within the scope of their authority, responsibilities, and duties. Employers must exercise adequate oversight of its peace officers. Employers must follow the inspections schedule defined in the Manual. 29 2022.07.19 Adopted Council Package POLICY Section Policy No. Page Protective Services 8-20 12 of 13 Policy Title Date: Resolution No. Public Safety General July 19, 2022 Jerry Wittstock Reeve Mike Haugen CAO Approved: April 11, 2017 179/17 Review Date: April 11, 2020 Review Date: June 28, 2022 Attachment: Schedule A, Jurisdiction Map 30 2022.07.19 Adopted Council Package POLICY Section Policy No. Page Protective Services 8-20 13 of 13 Policy Title Date: Resolution No. Public Safety General July 19, 2022 31 2022.07.19 Adopted Council Package POLICY Section Policy No. Page Protective Services 8-21 1 of 7 Policy Title Date: Motion No. Use of Force, Enforcement Tools June 28, 2022 34T34T Purpose: A Community Peace Officer employed by Kneehill County while carrying out his/her duties is under the legal obligations, authorities and responsibilities specified by the Alberta Minister of Justice in appointment of a Community Peace Officer. Subject to this appointment, Community Peace Officers of the County are employed for the investigation of alleged offences relating to Provincial and Municipal legislation. This policy summarizes the Use of Force tools available to our Community Peace Officers in their enforcement role. Policy Guidelines: This policy will outline procedures Kneehill County Public Safety will follow regarding: • Use of Force • Oleoresin Capsicum (OC) Spray • Extendable Batons • Handcuffs • Qualifications and Training • Body Armour • Powers and Duties of Arrest 1. USE OF FORCE Community Peace Officers are authorized to provide objectively reasonable force responses in carrying out their obligations and responsibilities in the execution of their duties. Community Peace Officers shall use as little force as is necessary to achieve compliance, in conforming to the Justice and Solicitor General Use of Force Guidelines, when making an arrest and/or providing Officer/Public Protection and to safely control a situation. Community Peace Officers shall not resort to the use of force unless such force is necessary in the course of their duties as a Peace Officer. If the use of force is necessary, the Community Peace Officer will apply the Alberta Justice and Solicitor General Use of Force Guidelines, as trained. Whenever a Community Peace Officer takes an action that results in or is alleged to have resulted in a use of force, the Community Peace Officer shall: a. Contact the police service of jurisdiction (RCMP), and inform them of the incident. b. As soon as possible, contact the CAO or designate. c. As soon as practical, after the incident, complete a written report detailing the circumstances surrounding the incident. d. Forward a report to the Alberta Solicitor General, Public Security and CAO or designate, within 24 hours of the incident. Community Peace Officers shall be trained in the Use of Force in accordance with the Alberta Justice and Solicitor General Use of Force Guidelines. 32 2022.07.19 Adopted Council Package POLICY Section Policy No. Page Protective Services 8-21 2 of 7 Policy Title Date: Motion No. Use of Force, Enforcement Tools June 28, 2022 34T34T 2. OLEORESIN CAPSICUM (O.C.) SPRAY Kneehill County will not provide O.C. spray to Level 2 Community Peace Officers, nor will Level 2 Community Peace Officers possess O.C Spray as per the Public Security Peace Officer Program Policy and Procedures Manual (2012). Enforcement Officers, as referenced in the Enforcement Officer Bylaw, or Level 2 Community Peace Officers. Kneehill County may issue O.C. spray to Community Peace Officers who may be required to utilize O.C. Spray during the execution of Community Peace Officer duties. O.C. spray must only be used in cases where a lesser amount of force would be ineffective. Community Peace Officers must decide using the Use of Force training, whether circumstances warrant using the O.C. spray and then, only force sufficient to obtain control shall be used. Restriction of use of O.C. Spray a. Community Peace Officers may carry O.C. spray only when on duty as a Level 1 Community Peace Officer. b. Community Peace Officers will recognize and abide by policy currently in place by the Alberta Solicitor General regarding the use of O.C. spray within an enclosed detention area and/or enclosed vehicle bay. (Restricted to situations of extreme violence, animal control/defense, or when other means of restraint cannot reasonably be achieved). c. Community Peace Officers will only carry and use O.C. Spray that is issued by Kneehill County and authorized by the Alberta Solicitor General. d. O.C. Spray must only be used as a defensive tool and should not be applied to facilitate an arrest unless other means are not available. e. Community Peace Officers will not allow, lend or provide to any person, not duly authorized by law, to handle, possess or use O.C. Spray. Storage and care of O.C. Spray a. When O.C. Spray canisters are in the office and not in the possession of a Community Peace Officer, they must be stored in a locked cabinet. Replacement canisters will also be stored in the secure lockup cabinet. When members are off-duty, O.C. Spray will be stored in the secure lockup cabinet. If the Community Peace Officer goes off-shift at their residence, the O.C. Spray must be secured within a locked cabinet while off duty. b. Community Peace Officers will inspect the O.C. Spray canister at regular intervals for damage and function of the canister’s components. 33 2022.07.19 Adopted Council Package POLICY Section Policy No. Page Protective Services 8-21 3 of 7 Policy Title Date: Motion No. Use of Force, Enforcement Tools June 28, 2022 34T34T Post incident guidelines a. After deployment, Community Peace Officers should wait a moment before approaching the subject. This will allow the potency of the O.C. Spray in the air to diminish to a tolerable level, to avoid personal contamination. b. Encourage the subject who has been sprayed to relax and breathe normally. c. Decontaminate the subject at the first reasonable opportunity by exposing the affected area to fresh air and flushing the contaminated area with cool water if available. d. Community Peace Officers should not force decontamination upon a subject who refuses decontamination. However, Community Peace Officers are responsible for the subject, and shall offer periodic access to water. e. Community Peace Officers will provide immediate medical attention by taking the subject to a medical professional, if the symptoms persist beyond reasonable limits as outlined in the training. f. A Community Peace Officer involved in an occurrence where O.C. Spray was deployed on a person, either by himself or another Community Peace Officer, shall advise the police service in the area (RCMP) forthwith of the deployment of O.C. Spray and request their attendance/assistance. g. As soon as practical, Community Peace Officers will advise the CAO or designate of an occurrence involving O.C. Spray and complete an incident report. h. Community Peace Officers will forward a report within 24 hours of the incident involving a person, to the Alberta Solicitor General, and CAO or designate. 3. EXTENDABLE BATONS Kneehill County may issue extendable batons to Community Peace Officers who may be required to utilize extendable batons during the execution of duties. Extendable batons must only be used in cases where a lesser amount of force would be ineffective. Community Peace Officers must decide using the Use of Force training, whether circumstances warrant using the extendable baton and then, only force sufficient to obtain control shall be used. Restriction of use of extendable batons a. Community Peace Officers may carry the extendable baton only when on duty. 34 2022.07.19 Adopted Council Package POLICY Section Policy No. Page Protective Services 8-21 4 of 7 Policy Title Date: Motion No. Use of Force, Enforcement Tools June 28, 2022 34T34T b. Community Peace Officers will only carry and use extendable batons that are issued by Kneehill County and authorized by the Alberta Solicitor General. c. Extendable batons must only be used as a defensive tool and should not be applied to facilitate an arrest unless other means are not available. d. Community Peace Officers will not allow, lend or provide to any person, not duly authorized by law, to handle, possess or use the extendable baton. e. Community Peace Officers will recognize and abide by policy currently in place by the Alberta Solicitor General regarding the use of extendable batons. Storage and care of extendable batons a. When Community Peace Officers are off-duty, extendable batons will be stored in the secure lockup cabinet. If the member goes off-shift at their residence, the extendable baton must be secured within a locked cabinet while off duty. b. Community Peace Officers shall inspect the extendable baton at regular intervals for damage and function of the baton’s components. Post incident guidelines a. A Community Peace Officer involved in an occurrence where the extendable baton was deployed, shall advise the police service in the area (RCMP) forthwith of the deployment of the baton and request their attendance/assistance. b. Community Peace Officers will provide immediate medical attention by taking the subject to a medical professional, if the symptoms persist beyond reasonable limits as outlined in the training. c. As soon as practical, Community Peace Officers will advise the CAO or designate of the occurrence and complete an incident report. d. Community Peace Officers will forward a report within 24 hours of the incident, to the Alberta Solicitor General and CAO or designate. 4. HANDCUFFS Kneehill County may issue handcuffs to Community Peace Officers who may be required to utilize handcuffs during the execution of Community Peace Officer duties. Handcuffs must only be used in cases where a lesser amount of force would be ineffective. Community Peace Officers must decide using the Use of Force training, whether circumstances warrant using the handcuffs and then, only force sufficient to obtain control shall be used. 35 2022.07.19 Adopted Council Package POLICY Section Policy No. Page Protective Services 8-21 5 of 7 Policy Title Date: Motion No. Use of Force, Enforcement Tools June 28, 2022 34T34T Restriction of use of handcuffs a. Community Peace Officers may carry the handcuffs only when on duty. b. Community Peace Officers will only carry and use handcuffs that are issued by Kneehill County and authorized by the Alberta Solicitor General. c. Handcuffs must only be used as a defensive tool and should not be applied to facilitate an arrest unless other means are not available. d. Community Peace Officers will not allow, lend or provide to any person, not duly authorized by law, to handle, possess or use the handcuffs. e. Community Peace Officers will recognize and abide by policy currently in place by the Alberta Solicitor General regarding the use of handcuffs. Storage and care of handcuffs a. When Community Peace Officers are off-duty, handcuffs will be stored in the secure lockup cabinet. If the member goes off-shift at their residence, the handcuffs must be secured within a locked cabinet while off duty. b. Community Peace Officers shall inspect the handcuffs at regular intervals for damage and function of the handcuff’s components. Post incident guidelines a. A Community Peace Officer involved in an occurrence where the handcuffs were used, shall advise the police service in the area (RCMP) forthwith of the use of the handcuffs and request their attendance/assistance. b. Community Peace Officers will provide immediate medical attention if required. c. As soon as practical, Community Peace Officers will advise the CAO or designate of the occurrence and complete an incident report. d. Community Peace Officers will forward a report within 24 hours of the incident, to the Alberta Solicitor General and CAO or designate. 5. QUALIFICATIONS AND TRAINING 36 2022.07.19 Adopted Council Package POLICY Section Policy No. Page Protective Services 8-21 6 of 7 Policy Title Date: Motion No. Use of Force, Enforcement Tools June 28, 2022 34T34T a. Community Peace Officers shall be trained in the use, care, system testing, and handling of O.C. Spray (Level 1 Community Peace Officer only), extendable batons, and handcuffs in accordance with the Alberta Solicitor General’s guidelines and standards. b. Community Peace Officers will undergo training at an interval as directed by the Alberta Solicitor General’s standards. c. Level 2 Community Peace Officers will complete training authorized and recognized by the Alberta Solicitor General. Level 1 Peace Officers will complete Alberta Solicitor General Induction Training. d. Community Peace Officers may undergo additional training as required by Kneehill County to ensure training is up to date, and specific for duties that may be required within the organization (Ex: First Aid, Incident Command System, General Safety Training, Weights, and Dimensions, etc). 6. BODY ARMOUR Body armour will be provided to Community Peace Officers by the County. Body armour that is ruined or damaged due to an unanticipated event such that the structural integrity of the body armour is affected, will be replaced as soon as practicable. Alternatively, body armour will be replaced in accordance with the manufacturer’s specifications of shelf life. Community Peace Officers should maintain this body armour according to manufacturer’s specifications. Community Peace Officers will wear body armour while on duty in uniform. 7. POWERS & DUTIES of ARREST Criminal Code Offences Community Peace Officers employed by Kneehill County do not have criminal code authorities listed on their Community Peace Officer appointment and they do not investigate complaints of criminal activity. They do however maintain a power of arrest under Section 494 of the Criminal Code of Canada for indictable and hybrid offences. If Officers decide to make an arrest pursuant to Section 494 of the Criminal Code of Canada, they are to turn the person taken into custody over to the RCMP detachment of jurisdiction. Provincial Statutes/Municipal Bylaws Community Peace Officers employed by Kneehill County may enforce all municipal bylaws and the provincial statutes listed on their Community Peace Officer appointment and as such may be authorized to arrest under those statutes as legislated. Duties of Arresting Officer In cases when an arrest has been made the accused must be: a. Informed of the reason for their arrest b. Advised of their charter rights c. Permitted access to a phone to contact legal counsel Searches 37 2022.07.19 Adopted Council Package POLICY Section Policy No. Page Protective Services 8-21 7 of 7 Policy Title Date: Motion No. Use of Force, Enforcement Tools June 28, 2022 34T34T Searches will be conducted pursuant to arrest, or with articulable cause. Officers must decide the appropriate type of search to be conducted and follow their Officer safety training while conducting the search. Thorough searches are required to maintain the safety of the Officer conducting the arrest, as well as other Officers that may encounter the prisoner. Prisoners should be searched by an Officer of the same sex if this is possible. Jerry Wittstock, Reeve Mike Haugen, CAO Approved: April 11, 2017 Amended: May 22, 2018 Amended: June 28, 2022 Review Date: Date four years from last approval date 38 2022.07.19 Adopted Council Package POLICY Section Policy No. Page Protective Services 8-22 1 of 5 Policy Title Date: Motion No. Traffic, Pursuit and Emergency Responses July 19, 2022 34T34T Purpose: Traffic enforcement is a role of Level 1 Kneehill County Community Peace Officers, within their Provincial Appointment. Our purpose is to provide safe communities by protecting the motoring public, the protection of local infrastructure, and assisting other agencies such as fire and RCMP in the same. Policy Guidelines: This policy will outline procedures Kneehill County Public Safety will follow regarding: • Traffic Enforcement • Emergency Response • Motor Vehicle Pursuit Guidelines • Impaired Drivers • Fire and Emergency Responses with other Agencies 1. TRAFFIC ENFORCEMENT GENERAL a. Level 1 Community Peace Officers shall operate the patrol vehicle in a responsible manner at all times. b. Upon stopping a violator, the emergency lights shall be left activated until such time the violator vehicle has re-entered the flow of traffic. c. When stopping a violator vehicle, members shall position the patrol vehicle in a “violator stop position” to provide protection for the member and the violator. d. There are to be no unauthorized persons in the patrol vehicle at any time, unless authorized by the CAO or designate. e. Traffic enforcement may be conducted in order to protect the motoring public, as deemed necessary by the Community Peace Officer. f. Level 2 Community Peace Officers will not enforce moving violations under the Traffic Safety Act or any elements of the Gaming and Liquor Act per section 6.6 of the Public Security Peace Officer Program Policy and Procedures Manual (2012). 2. EMERGENCY RESPONSE Kneehill County Protective Services authorizes the use of Emergency Response to calls for service utilizing emergency lights and/or siren. Responding to calls for service in an Emergency Response capacity will only be conducted following the guidelines of this policy. Authorization for Level 1 Community Peace Officers to respond to calls for service utilizing emergency equipment will be granted once: a. Training in Emergency Vehicle Operations has been completed as set out by the Alberta Solicitor General’s office. The current standard set by the Alberta Solicitor General’s office is a forty (40) hour Emergency Vehicle Operations Course based on a police curriculum. b. The authorization for emergency response has been added to the officer’s Community Peace Officer Appointment. 39 2022.07.19 Adopted Council Package POLICY Section Policy No. Page Protective Services 8-22 2 of 5 Policy Title Date: Motion No. Traffic, Pursuit and Emergency Responses July 19, 2022 34T34T Level 1 Community Peace Officers may respond to calls for service utilizing emergency equipment under the following circumstances: a. Injury collisions, if requested. b. Providing backup to the RCMP or Community Peace Officers where there is a reasonable belief that the officer is in danger and the Community Peace Officer is or may be the closest assistance available. c. Attending a fire or medical emergency at the specific request of the Fire or RCMP EMS department. d. Any emergency if requested by the RCMP to attend in an emergency response capacity. e. Any public safety emergency where there is a likelihood of a continued safety concern pending emergency services attendance such as but not limited to emergent traffic hazards. Emergency response will not be conducted for: a. Non-injury motor vehicle collisions, b. Providing backup to RCMP or Community Peace Officers where there is a RCMP member closer and already responding to the situation, unless requested by the RCMP to attend, c. Any other non-urgent situation. All situations where there is a possibility of an emergency response will be evaluated by the Level 1 Community Peace Officer to continually assess the risk between providing services on-scene, and increased risk to the Community Peace Officer and the Public while responding in an emergency capacity. Public safety and the safety of the Level 1 Community Peace Officer will remain the primary concern in all emergency response situations. A maximum speed of 25km over the posted speed limit will be deemed allowable in emergency responses. All officers are to obey the posted limits in school zones, construction zones, and emergency zones. Any Level 1 Community Peace Officer choosing to respond to a situation in an emergency capacity shall notify the requesting agency RCMP of jurisdiction by radio of their response to that situation. This transmission will include the following: • Identification of the responding unit • Unit’s departing location • Nature of call unit is responding to • Unit’s destination • Level of response being utilized Response Codes All Level 1 Community Peace Officers will use the following guidelines and response codes for emergency response situations: 40 2022.07.19 Adopted Council Package POLICY Section Policy No. Page Protective Services 8-22 3 of 5 Policy Title Date: Motion No. Traffic, Pursuit and Emergency Responses July 19, 2022 34T34T • Code 1 Response – Non-emergency. No lights/siren. Rules of the Road will be followed. • Code 2 Response - Emergency response. Lights activated; no siren activated. Rules of the road may be violated using proper techniques and safety precautions. • Code 3 Response – Emergency response. Lights and siren activated. Rules of the road may be violated using proper techniques and safety precautions. Any collision resulting from an emergency response by a Community Peace Officer will be reported to the Director of Law Enforcement (Alberta) as a sensitive/serious occurrence on the approved form. 3. MOTOR VEHICLE PURSUIT GUIDELINES All Community Peace Officers employed by Kneehill County will adhere to the current policy set forth by the Alberta Solicitor General’s Office as defined in the Community Peace Officer Manual. Community Peace Officers employed by Kneehill County are not permitted to become involved in motor vehicle pursuits. The Community Peace Officer Manual defines a pursuit as: s. 24.7 Pursuits Pursuit definition: A motor vehicle pursuit occurs when a Community Peace Officer follows a vehicle with the intent to stop or identify the vehicle or driver, and the driver, being aware of the Community Peace Officer’s actions, fails to stop, and the driver initiates evasive action or ignores directions to stop/avoid apprehension. A pursuit may involve high or low speeds and vehicles other than automobiles. Upon encountering an individual who has chosen not to stop their vehicle when directed to do so, the member will: • Immediately cease all efforts to stop the vehicle • Turn off all emergency equipment, reduce speed, and come to a complete stop • Contact, on an urgent basis, the RCMP agency of jurisdiction to advise them of the circumstances, providing a description of the vehicle and direction of travel. In relation to traffic enforcement, if a vehicle cannot be stopped safely within a short distance, the member shall not attempt to stop the vehicle. Closing the Distance Level 1 Community Peace Officers may engage in “Closing the distance” or “Catch up situations”. These are defined in the Community Peace Officer Manual as: 41 2022.07.19 Adopted Council Package POLICY Section Policy No. Page Protective Services 8-22 4 of 5 Policy Title Date: Motion No. Traffic, Pursuit and Emergency Responses July 19, 2022 34T34T s. 24.8 Closing the Distance In some cases an emergency response vehicle will attempt to close the distance on a suspected violator to further a law enforcement effort. These situations are not considered pursuits unless some overt action by the suspected offender suggests an attempt to avoid apprehension. In these situations an emergency response vehicle is being operated in a manner that is different from normal traffic patterns. The Traffic Safety Act states; “a siren on an emergency vehicle shall be operated only when the vehicle is being used in response to an emergency.” Closing the distance is not normally considered an emergency. A Level 1 Community Peace Officer involved in such a situation must continually evaluate all factors that involve public and officer safety. If the risk assessment indicates a risk to public safety, the procedure shall be terminated. *No Community Peace Officers will shall not participate or assist in the deployment of a spike belt or similar device. No Community Peace Officers will shall not participate or assist in the implementation of a roadblock technique. 4. IMPAIRED DRIVERS Should a suspected impaired driver be encountered while on patrol, the member shall abide by the Alberta Justice and Solicitor General Peace Officer Program, Policy and Procedures Manual. 5. FIRE & EMERGENCY RESPONSES with other AGENCIES Community Peace Officers will assist area fire departments and other agencies within our jurisdiction to help with public safety and responder safety if required by the Incident Commander. Level 2 Community Peace Officers will only engage the emergency equipment on their patrol vehicle when their patrol vehicle is stopped to provide awareness for the public and to promote safety for emergency responders in the case of an incident on a highway of jurisdiction. Level 2 Community Peace Officers are required to be in a full Peace Officer uniform while driving and must maintain the speed limit and obey all traffic laws regardless of the Traffic Safety Act that allows for any deviation from this. Unless approved by the CAO or designate, Community Peace Officers are not to respond to calls outside of scheduled hours. Community Peace Officers are not to respond to RCMP calls, Medical Assist calls, or Fire calls, unless asked by the responding agency, under the parameters and procedures of Kneehill County’s policies and procedures. While attending fires or emergency calls, Peace Officer duties include, but are not limited to: 42 2022.07.19 Adopted Council Package POLICY Section Policy No. Page Protective Services 8-22 5 of 5 Policy Title Date: Motion No. Traffic, Pursuit and Emergency Responses July 19, 2022 34T34T • Public safety related duties, such as traffic/crowd control are to be a priority. • The control of traffic on, near or adjacent to the emergency scene. • The control of non-authorized personnel within the boundaries of the emergency scene as determined by the Incident Commander. • Coordinate and communicate all actions with Incident Commander. Community Peace Officers are part of the Protective Services department and team. All members of the department may be needed to respond to Emergency Management calls and aid as required. Members may assume a variety of roles in an emergency, as directed by the Director of Emergency Management, Kneehill County CAO or designate. Jerry Wittstock, Reeve Mike Haugen, CAO Approved: April 11, 2017 Amended: May 22, 2018 Amended: July 19, 2022 Review Date: Date four years from last approval date 43 2022.07.19 Adopted Council Package TWP 31 RNG 22TWP 31 RNG 24 TWP 31 RNG 23TWP 31 RNG 25 TWP 32 RNG 24 TWP 32 RNG 25 TWP 33 RNG 23 TWP 32 RNG 23 TWP 33 RNG 24 TWP 32 RNG 26 TWP 33 RNG 25 TWP 29 RNG 24 TWP 33 RNG 26 TWP 29 RNG 26 TWP 32 RNG 22 TWP 30 RNG 26 TWP 29 RNG 25 TWP 29 RNG 23 TWP 30 RNG 24 TWP 30 RNG 22 TWP 29 RNG 22 TWP 30 RNG 23 TWP 30 RNG 25 TWP 34 RNG 23 TWP 34 RNG 24 TWP 34 RNG 22 TWP 34 RNG 25 TWP 28 RNG 20 TWP 29 RNG 21 TWP 28 RNG 21 TWP 33 RNG 22 TWP 31 RNG 26 TWP 28 RNG 24 TWP 28 RNG 23 TWP 28 RNG 22 TWP 34 RNG 26 TWP 35 RNG 24 TWP 30 RNG 21 TWP 31 RNG 21 TWP 32RNG 27 TWP 27 RNG 21 TWP 34 RNG 21 TWP 27 RNG 20 TWP 29 RNG 20 TWP 35 RNG 25 HWY 9 HW Y 2 1 HWY 27 HW Y 2 1 HW Y 8 3 6 HW Y 8 0 6 HWY 575 HWY 582 HW Y 8 0 5 TO MORRIN TWP RD 340 TWP RD 334 TWP RD 332 TWP RD 330 TWP RD 324 TWP RD 322 TWP RD 320 TWP RD 314 TWP RD 310 TWP RD 304 TWP RD 302 TWP RD 300 TWP RD 292 TWP RD 290 TWP RD 284 TWP RD 282 TWP RD 280 RG E R D 21 0 RG E R D 21 1 TWP RD 280 RG E R D 22 2 RG E R D 21 5 RG E R D 21 4 RG E R D 25 0 RG E R D 24 5 RG E R D 24 4 RG E R D 24 2 RG E R D 23 5 RG E R D 23 4 RG E R D 23 1 RG E R D 23 0 RG E R D 22 4 TWP RD 284 RG E R D 26 5 RG E R D 26 4 RG E R D 26 2 RG E R D 25 5 RG E R D 25 3 RG E R D 25 2 RG E R D 27 0 TWP RD 292 TWP RD 300 TWP RD 302 TWP RD 304 TWP RD 310 TWP RD 314 TWP RD 320 TWP RD 322 TWP RD 332 TWP RD 334 TWP RD 340 TWP RD 344 TWP RD 342 RG E R D 24 0 RG E R D 23 4 RG E R D 2 3 3 RG E R D 2 3 2 RG E R D 2 3 1 RG E R D 23 0 RG E R D 22 5 RG E R D 22 4 RG E R D 22 3 RG E R D 2 2 2 RG E R D 2 2 1 RG E R D 22 0 RG E R D 21 5 RG E R D 21 4 TWP RD 342 TWP RD 344 TWP RD 344 RG E R D 26 4 RG E R D 26 3 RG E R D 26 1 RG E R D 25 2 RG E R D 25 1 RG E R D 25 0 RG E R D 24 5 RG E R D 24 4 RG E R D 2 4 3 RG E R D 24 2 RG E R D 24 1 RG E R D 24 0 RG E R D 26 3 RG E R D 2 5 4 RG E R D 2 6 1 RG E R D 25 1 RG E R D 24 3 RG E R D 24 1 RG E R D 23 3 RG E R D 22 5 RG E R D 22 3 RG E R D 22 1 RG E R D 22 0 RG E R D 21 2 RG E R D 21 3 RG E R D 20 5 Acme Huxley Trochu Linden Carbon Hesketh Wimborne Swalwell Torrington Sunnyslope Three Hills Kirkpatrick 21 9 27 27 21 21 0 7.5 153.75 Kilometers Peace Officer Jurisdiction for Primary Highways Kneehill County makes no representations or warranties regarding the information contained in this document including, without limitation, whether said information is accurate or complete. Persons using this document do so solely at their own risk, and Kneehill County shall have no liability to such persons for any loss or damage whatsoever. Project name:KC_0034 This document shall not be copied or distributed to any person without the express written consent of Kneehill County. ©2022 Kneehill County. All rights reserved. Hamlet of Torrington 0 240 480120 Meters Legend Provincial Primary - in Jurisdiction Provincial Primary - Out of Jurisdiction 44 2022.07.19 Adopted Council Package REQUEST FOR DECISION AGENDA ITEM # 5.3.2 Page 1 of 2 Version: 2022-01 Subject: Mutual Aid Agreement with Rocky View County Meeting Date: Tuesday, July 19, 2022 Prepared By: Debra Grosfield, Protective Services Manager Presented By: Debra Grosfield, Protective Services Manager RECOMMENDED MOTION: That Council approve the Fire Services Mutual Aid Agreement with Rocky View County as presented. STRATEGIC PLAN ALIGNMENT: (Check all that apply) ☐ ☐ ☐ ☐ ☒ ☐ Improving Fiscal Sustainability Preserving Rural Way of Life Pursing Focused Growth Ensuring Comms & Engagement Providing Good Governance Level of Service RELEVANT LEGISLATION: Council Bylaw/Policy (cite)- Within Policy #11-19 Signing of Agreements, Council is to approve non- operational agreements, such as joint agreements with municipalities. BACKGROUND/PROPOSAL: Historically, we have worked with other County’s and surrounding fire and emergency departments in responding to emergency calls outside our jurisdictional borders. The existing Rocky View County Mutual Aid Agreement is from 2004. DISCUSSION/OPTIONS/BENEFITS/DISADVANTAGES/OTHER CONSIDERATIONS: The purpose of entering into these mutual aid agreements is to set the obligations of the parties and to work together should local resources be inadequate to cope with the emergency. Within our individual fire agreements with Acme, Carbon, Linden, Trochu and Three Hills, Section 7 allows us to enter into other mutual aid agreements Council deems necessary. Response to any request is at the discretion of the Authorized Official of the Responding Party. FINANCIAL & STAFFING IMPLICATIONS: No further costs associated with these Mutual Aid Agreements, as the Requesting Party will reimburse any consumable material expenses the Responding Party expends. RECOMMENDED ENGAGEMENT: Directive Decision (Information Sharing, One-Way Communication Tools: Inter-Municipal Agreement Other: ATTACHMENTS: Proposed Fire Services Mutual Aid Agreement 45 2022.07.19 Adopted Council Package REQUEST FOR DECISION AGENDA ITEM # 5.3.2 Page 2 of 2 Version: 2022-01 COUNCIL OPTIONS: 1. To approve the recommended motion as presented 2. To amend the recommended motion. 3. To send back to Administration for further information with direction for changes. FOLLOW-UP ACTIONS: Signatures by both parties to execute agreement. Notification to area fire departments. APPROVAL(S): Kevin Gannon, Community Services Director Approved- ☒ Mike Haugen, Chief Administrative Officer Approved- ☒ 46 2022.07.19 Adopted Council Package FIRE SERVICES MUTUAL AID AGREEMENT THIS AGREEMENT made effective as of the day of July, 2022 BETWEEN: ROCKY VIEW COUNTY a municipal corporation within the meaning of the Municipal Government Act, R.S.A. 2000 Chapter M-26 (“Rocky View County”) -and- KNEEHILL COUNTY a municipal corporation within the meaning of the Municipal Government Act, R.S.A. 2000 Chapter M-26 (“Kneehill”) WHEREAS: (a) The parties provide Fire Services within their own respective boundaries; (b) Pursuant to Section 54 of the Municipal Government Act R.S.A. 2000, Chapter M-26, a municipality may provide any service that it provides within its own boundaries in another municipality with the agreement of that other municipality; (c) The parties wish to establish suitable terms and conditions for the provision of Fire Services to and on behalf of one another; and (d) The respective Councils of the Parties have passed all necessary bylaws or resolutions as required to approve the parties entering into this Agreement; NOW THEREFORE in consideration of the premises, covenants and provisions herein contained, THE PARTIES AGREE AS FOLLOWS: 1. DEFINITIONS 1.1. “Agreement” means this Fire Services Agreement together with the following schedules: Schedule “A” Service Fees Schedule "B" Hazardous Sites 1.2. “Claims” means all claims, demands, losses, costs (including legal fees on a solicitor and his own client basis), damages, actions, suits or other proceedings brought, made or prosecuted by any party or entity, resulting from the Parties’ performance, purported performance or non- performance of their respective obligations under this Agreement including but not limited to failing to respond to a Fire Call, delay in responding to a Fire Call, any failure of any apparatus or equipment in responding to a Fire Call or the manner in which Fire Services were provided; 47 2022.07.19 Adopted Council Package 2 1.3. “Duty Officer” means the representative appointed by each Party in accordance with this Agreement; 1.4. “Emergency” means a sudden or unexpected happening or occurrence whereby there may be injuries, loss of life, or property damage or the imminent risk of the same including a Fire requiring trained firefighters and associated equipment to use skill and judgment in the suppression of Fire or other property or lifesaving rescue activity but does not include emergency medical first response or fire assist responses to ambulance requests; 1.5. “Fire” means the burning of any flammable or combustible material or any combustible material in a state of combustion; 1.6. “Fire Call” means a request for the provision of Fire Services in response to an Emergency; 1.7. “Fire Chief” means the person holding the office of each Party's Fire Department Chief, or that person’s designate, as the context requires; 1.8. "Fire Department" means the fire service organization through which Fire Services are provided by either Party, as the context requires; 1.9. “Fire Services” means responding to a Fire Call for the purpose of providing Fire suppression, firefighting, and rescue but does not include emergency medical first responses or fire assist responses to ambulance requests; 1.10. “FOIPPA” means the Freedom of Information and Protection of Privacy Act, R.S.A. 2000, Chapter F-2.5 and its regulations, all as may be amended or replaced from time to time; 1.11. “Hazardous Site” means those sites described in Schedule “B”; 1.12. “Incident Report” means a written report setting out the particulars of the Fire Services provided in response to a Fire Call and containing such information as is reasonably required by the Fire Chief of the Requesting Party including, but not limited to, such information as total Fire Calls received in respect of an Emergency; address or addresses or location at which Emergency occurred; particulars of the Emergency (narrative report); suspected cause and origin of Fire or Emergency (unconfirmed by investigation); names of all persons involved in the Emergency including the owner or occupant of the premises affected and witnesses to the Emergency; nature of Fire Services provided; list of persons and equipment involved in response and their actions; response times, kilometers traveled; time spent at a Fire Call; and the particulars of any unusual circumstances in respect of the Emergency, Fire Call or the Fire Services provided; 1.13. “Kneehill County” means Kneehill County together with the area within its jurisdictional boundaries, as the context so requires; 1.14. "Kneehill County Response Area" means the area within Kneehill County's jurisdictional boundaries; 1.15. “Member” means a duly appointed member of the Fire Department including but not limited to all full time, part time, full time temporary, part time, casual and volunteer firefighters; 1.16. "Mutual Aid Fire Service" means provision of Fire Services in the capacity of Secondary Responder at the request of the Requesting Party; 1.17. “MGA” means the Municipal Government Act, R.S.A. 2000, Chapter M-26, and its regulations, all as may be amended or replaced from time to time; 1.18. “Party” or “Parties” means Rocky View County and Kneehill County or either of them; 1.19. “Personal Information” means personal information as that term is defined in FOIPPA; 48 2022.07.19 Adopted Council Package 3 1.20. “Primary Responder” means the Fire Department which is primarily responsible for providing Fire Services in response to a Fire; 1.21. “Records” means records as that term is defined in FOIPPA; 1.22. "Requesting Party” means the Party for or on behalf of which Fire Services are provided and includes all persons for whose conduct the Requesting Party is legally responsible including but not limited to the Requesting Party's Fire Department, officials, officers, employees, representatives, volunteers, Fire Chief, Members, contractors, agents or anyone else engaged by or on behalf of the Requesting Party; 1.23. “Responding Party” means the Party which provides Fire Services for or on behalf of the other Party and includes all persons for whose conduct the Responding Party is legally responsible including but not limited to the Responding Party's Fire Department, officials, officers, employees, representatives, volunteers, Fire Chief, Members, contractors, agents or anyone else engaged by or on behalf of the Responding Party; 1.24. “Rocky View County” means Rocky View County together with the area within its jurisdictional boundaries, as the context so requires; 1.25. "Rocky View County Response Area" means the area within Rocky View County's jurisdictional boundaries; 1.26. “Secondary Responder” means the Fire Department which provides assistance as requested by the Primary Responder in respect of a Fire Call; 1.27. “Standard Operating Procedures” means the standard operating procedures of the parties’ respective Fire Departments as described in the Kneehill County Standard Operating Guidelines and the Rocky View County Fire Department Standard Operating Guidelines, as applicable; and 1.28. “Term” means the Initial Term and the Renewal Term as established pursuant to Part 2 of this Agreement. 2. TERM 2.1. This Agreement shall commence on the effective date first above written and shall continue for five (5) years (the “Initial Term”). Unless this Agreement is terminated, it shall automatically renew for one (1) additional five (5) year term (the “Renewal Term”). 2.2. Either Party may terminate this Agreement by providing not less than ninety (90) days' prior written notice to the other Party. 2.3. In the event that either Party terminates this Agreement: a. the Parties shall only be liable for payment of the Service Fees owing as at the date of termination; and b. both Parties shall issue public notice of the termination of this Agreement by posting at least one (1) public notice in a local newspaper circulated in the Parties’ respective boundaries. 2.4. Either Party may request a change to the Service Fees to be charged by that Party by providing the other Party with written notice including a revised Schedule "B" on or before September 1 of any calendar year during the Initial Term. The new Service Fees shall take effect upon January 1 of the next calendar year in the Initial Term or Renewal Term. 49 2022.07.19 Adopted Council Package 4 3. DELIVERY OF FIRE SERVICES 3.1. Each Party shall provide Mutual Aid Fire Services in response to a Fire Call made by the Requesting Party in accordance with the Responding Party's Standard Operating Procedures on a year round, 24 hour per day, seven day per week basis. 3.2. Subject to the provisions of this Agreement, Rocky View County shall provide Mutual Aid Fire Services within the Kneehill County Response Area and Kneehill County shall provide Mutual Aid Fire Services within the Rocky View County Response Area. 3.3. Each Party shall within its jurisdictional boundaries: a. design and maintain a comprehensive map system including a location code reference system; b. use reasonable efforts to educate its members of the public in the Response Area as to the appropriate manner of making a Fire Call, including the name, location code reference, and any other information appropriate to the circumstances or request, by issuing written notices to all properties on at least an annual basis and by issuing a public notice in a newspaper of general circulation in their respective Response Area on an annual basis; c. use reasonable effort to ensure that proper road signage is in place and maintained within the Response Area from which the Responding Party can take direction en route to an Emergency; d. use reasonable effort to provide the following detailed information to the other Party, to the extent that it has actual knowledge of such information: i. suitability of the water supply for Fire Services having regard to the equipment and requirements and the level of risk in the particular area; ii. any new developments occurring which may increase the demand for Fire Services or the level of risk in providing Fire Services; iii. the location of buildings, structures or lands on or at which hazardous substances or materials are used or stored, including the nature of the hazardous substances; and iv. any land use or occupancy information which may increase the demand for Fire Services or the level of risk in providing Fire Services, including without limitation multi-family developments, nursing homes, medical facilities and seniors’ lodges. 3.4. In the event that, as a result of information provided to a Party as set out in Paragraph 3.4(d), in the reasonable opinion of that Party's Fire Chief any occupancy, construction or development materially affects or has the potential to materially affect the ability of that Party to provide Fire Services to the property, structure, building or area, that Party may withhold Fire Services to that location until the other Party is able to address the issues and concerns identified by the Fire Chief, to the Fire Chief's reasonable satisfaction. 3.5. Each Party shall: a. maintain adequate levels of properly trained and skilled personnel and equipment to provide Fire Services in accordance with this Agreement; b. provide each other with copies of all applicable bylaws and policies enacted or adopted by the respective parties, including their Standard Operating Procedures, as such bylaws or policies that are enacted, amended or replaced from time to time; 50 2022.07.19 Adopted Council Package 5 c. after responding to a Fire Call, complete an Incident Report and provide the other Party with a copy of the Incident Report within THIRTY (30) days of the Fire Call or such other time period as may be agreed in writing between the Parties; d. respond to, and attend at, the location which is the subject of a Fire Call as soon as practicable giving proper consideration to current road and weather conditions and the applicable standards in that Party's Standard Operating Procedures, except as otherwise provided in this Agreement; e. obtain and maintain in good standing at its own expense all necessary licenses, permits and other authorizations in order to permit it to carry out its obligations pursuant to this Agreement; f. perform all administrative, accounting and record-keeping functions relating to the proper discharge of its obligations pursuant to this Agreement; g. comply with all applicable statutes, regulations and by-laws in carrying out its obligations pursuant to this Agreement, including without limitation maintaining coverage under the Workers’ Compensation Act and complying with all Occupational Health and Safety Act requirements; h. ensure that its Members, employees, and any other persons for whom that Party is responsible complies with this Agreement; i. permit the other Party, at any reasonable time, to inspect the equipment utilized to provide the Fire Services in accordance with this Agreement; j. ensure that all equipment utilized to provide Fire Services in accordance with this Agreement is properly serviced and maintained and is in good working order; k. not make any public statements nor communicate with the media in respect of Fire Services provided in accordance with this Agreement except with the written authorization of the other Party; l. meet with the other Party annually to discuss data analysis, operational planning, reporting, quality monitoring and risk management improvement initiatives; and m. appoint a Duty Officer(s) who may be reached by telephone 24 hours per day, 7 days per week, and 365 days per year. 4. LIMITATION OF FIRE SERVICES 4.1. Notwithstanding any other provision in this Agreement, at all times during the Term, the Parties’ respective Fire Chiefs retain full discretion of provision of Fire Services by that Party's Fire Department, and may make any decision he/she deems appropriate with respect to the delivery of Fire Services during a Fire Call including making the decision not to respond to a Fire Call in situations including but not limited to the following: a. the Fire Department's Members, vehicles, apparatus and/or equipment are involved on another call; b. in the reasonable opinion of the Fire Chief, there are circumstances or conditions which may compromise the safety of the Responding Party's Fire Department's Members and/or equipment/apparatus beyond the acceptable level of risk pursuant to the Responding Party’s Standard Operating Procedures; c. in the reasonable opinion of the Fire Chief, the infrastructure involved on the Fire Call 51 2022.07.19 Adopted Council Package 6 is inadequate for the Responding Party's Fire Department to safely provide Fire Services at the site of the Emergency; d. in the reasonable opinion of the Fire Chief, the Responding Party does not have the ability to provide the necessary resources to effectively and safely respond to the Fire Call in accordance with that Party’s Standard Operating Procedures; or e. the Fire Call involves a Hazardous Site listed in Schedule "B". 4.2. If the Responding Party elects not respond to a Fire Call from the Requesting Party in accordance with this Agreement, the Responding Party shall immediately notify the dispatcher of the Requesting Party. 5. GENERAL FIRE SERVICE PROVISIONS: 5.1. Each Party acknowledges that dispatch services are not within the scope of this Agreement. 5.2. Subject to Paragraph 4.1, the Requesting Party’s Fire Chief shall have the authority to determine how Fire Service resources are deployed and shall be responsible for overall incident command, all in accordance with the Requesting Party's applicable Standard Operating Procedures. 5.3. The Parties will provide Fire Services under this Agreement from existing stations and facilities. Nothing in this Agreement shall be interpreted as requiring either Party to construct any new facilities or fire stations. 5.4. Each Party’s Fire Chief and Members shall remain employees or volunteers of that Party notwithstanding that those persons might respond to Fire Calls within the other Party’s boundaries. Each Party shall be solely responsible for the payment of all salaries, honorariums, expenses and other remunerations relating to that Party’s Fire Chief, Members and other Fire Department personnel related to the provision of Fire Services pursuant to this Agreement. 5.5. Each Party shall retain full ownership, title and control of that Party’s Fire Department’s vehicles, equipment and apparatus and is solely responsible for the maintenance, replacement, certification and insurance of those vehicles, equipment and apparatus. 5.6. A Responding Party shall only call in additional Fire Service providers to respond to a Fire Call within the boundaries of the Requesting Party with the approval of the Requesting Party's Duty Officer. 6. SERVICE FEES 6.1. The Requesting Party shall, upon request, compensate a Responding Party for the cost of any consumables used i.e. foam, spill products, etc. by the Responding Party as specified in Schedule "A. 6.2. When applicable, each Party shall issue an invoice to the other Party within sixty (60) days of provision of the Fire Service for recovery of all applicable costs and Service Fees, and the other Party shall pay such invoice within thirty (30) days of receipt. 6.3. The Responding Party may seek recovery of third party fees/costs incurred in the provision of Fire Services within the Requesting Party's boundaries only if approved in writing by the Requesting Party's Fire Chief. 52 2022.07.19 Adopted Council Package 7 6.4. A Responding Party may only charge the Requesting Party additional Service Fees for provision of supplementary equipment, materials, supplies or personnel with the prior written approval of Requesting Party’s Fire Chief. 6.5. In the event of a joint response on primary and secondary highways, each Responding Party will recover costs for their Fire Department response only. 7. LIMITATION OF LIABILITY AND INDEMNIFICATION 7.1. The Parties agree that Fire Services provided under this Agreement by the Responding Party are at the request of and on behalf of the Requesting Party and, accordingly, unless otherwise specifically provided for in this Agreement, all risk and liability, of whatever nature and kind, arising out of the provision of Fire Services by the Responding Party to the Requesting Party shall be borne by the Requesting Party. 7.2. The Requesting Party hereby releases the Responding Party from all Claims unless such Claims arise directly as a result of the negligence or willful misconduct of the Responding Party. 7.3. The Requesting Party shall indemnify and hold harmless the Responding Party from and against any and all liability arising from Claims that are in any way attributable to the Responding Party's provision of Fire Services pursuant to this Agreement, including but not limited to a delay in response or refusal to respond to a Fire Call, unless the Claims arise directly as a result of the negligence or willful misconduct of the Responding Party. 7.4. Each Party shall indemnify and hold harmless the other Party from any and all Claims arising directly as a result of that Party's negligence or willful misconduct related to the discharge of that Party's obligations under this Agreement including but not limited to the unauthorized use or disclosure of any Records or Personal Information. 7.5. Notwithstanding any other provision within this Agreement, the Responding Party hereby releases, indemnifies and holds harmless the Requesting Party from any Claims resulting from the death of or injury to any of the Responding Party's Members resulting from the Responding Party's response to a Fire Call. The Responding Party shall assume all liability and responsibility for any injury or death resulting to any of its Members during a Fire Call. 7.6 Notwithstanding any other provision within this Agreement, the Responding Party hereby releases, indemnifies and holds harmless the Requesting Party from any Claims relating to any damage or injury caused to or by the Responding Party's vehicles, equipment or apparatus resulting from the Responding Party's response to a Fire Call. The Responding Party shall assume all liability and responsibility for any damage caused to or by its own apparatus while in route to, during the incident, and returning from the Emergency location. 7.6. The Requesting Party shall in no way be deemed liable or responsible for the personal property of Responding Party Members which may be lost, stolen or damaged while responding to a Fire Call pursuant to this Agreement. 7.7. The indemnity set out in this Part 7 shall include without limitation any Claim that is not covered by insurance or, if insured, is under-insured. The obligation to maintain insurance as stated in Part 8 shall not detract from the indemnification obligations established in this Part 7. 7.8. The provisions of this Part 7 shall survive the expiration of the Term or the termination of this Agreement. 53 2022.07.19 Adopted Council Package 8 8. INSURANCE 8.1. Throughout the Term of this Agreement, each Party, at its own expense, shall acquire and maintain in full force and effect, the following minimum insurance coverage with insurers authorized within the Province of Alberta to issue insurance policies in Alberta: a. Commercial General Liability insuring against third party Property Damage, Bodily Injury (including death), and Personal Injury, including Products and Completed Operations Liability for an amount of not less than TEN MILLION DOLLARS ($10,000,000) per occurrence. Such insurance shall also include provision for: i. A broad form Contractual Liability Clause, ii. A Non-Owned Automobile Liability extension which incorporates A. Contractual Liability Endorsement S.E.F. 96, and B. Legal Liability for Damage to Hired Automobile Endorsement; b. Automobile Liability insuring against Bodily Injury, and Property Damage Liability arising from the use and operation of all vehicles owned, licensed or leased in the performance of the Fire Services (including liability for attached equipment if not contemplated by Commercial General Liability above) with no less than a Five Million Dollars ($5,000,000) per occurrence limit. c. Each Party shall add the other Party as an Additional Insured under each Parties General Liability policies. 8.2. Each Party shall insure its own vehicles, equipment and apparatus against direct physical loss in an amount suitable to them. 8.3. Either Party may request reasonable evidence of required insurance at any time during the Term of this Agreement and the other Party shall provide evidence within thirty (30) days of receipt of the request. 8.4. Failure to procure and maintain insurance requirements stated in Paragraph 8.1 shall constitute a default under this Agreement. 9. FOIPPA 9.1. All Records and Personal Information related to this Agreement and created, compiled, collected, maintained or obtained by the Responding Party while providing Fire Services to the Requesting Party is the property of the Requesting Party and is subject to the complete control of the Requesting Party irrespective of custody. 9.2. A Responding Party will provide to the Requesting Party any and all Records which are subject to the Requesting Party's control within 15 calendar days of receipt of a request by the Responding Party, at the expense of the Requesting Party. 9.3. Within thirty (30) days of the termination of this Agreement or expiry of the Term, each Party will provide to the other Party any and all Records which are subject to the other Party's control, at the expense of the Party providing the Records. 9.4. The Parties acknowledge and agree that FOIPPA, subject to legislation to the contrary, applies to all Records and Personal Information relating to, or obtained, generated, compiled, 54 2022.07.19 Adopted Council Package 9 collected or provided under or pursuant to this Agreement. 9.5. Each Party shall maintain any Personal Information obtained while performing its obligations in this Agreement in accordance with FOIPPA, and will not collect, handle, use or disclose such Personal Information except in accordance with FOIPPA. 9.6. The Parties will not collect any Personal Information from individuals within the jurisdiction of the other Party unless the collection is authorized under this Agreement or the collection is expressly authorized by the other Party in writing in advance of any collection taking place. 9.7. Each Party shall ensure that its officials, officers, employees, representatives, volunteers, Fire Chief, Members, contractors, agents, or anyone else engaged by or on behalf of the Party to carry out this Agreement complies with this Part 9. 10.0 GENERAL 10.1 This Agreement shall be construed and governed by the laws of the Province of Alberta and the laws of Canada applicable therein and the parties hereto irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of Alberta. 10.2 This Agreement is made subject to all applicable provisions of relevant legislation, regulations, and bylaws relating to Fire Services and apparatus and equipment outside of the corporate limits of a municipality. 10.3 The duties, obligations and liabilities of the Parties are intended to be separate, not joint or collective. Nothing in this Agreement is intended to create a partnership of any kind. Each Party hereto is individually responsible for its own conduct and obligations as set out in this Agreement or otherwise agreed to and confirmed in writing. 10.4 No interest in this Agreement may be assigned without the prior written consent of the Parties hereto. No party may be added as a party to this Agreement without the prior written consent of the Parties hereto. 10.5 Whether or not so stipulated herein, all notices, communication, requests, statements and invoices (the “Notice”) required or permitted hereunder shall be in writing. Notice shall be served by one of the following means: a. personally, by delivering it to the party on whom it is to be served at the address set out herein, provided such delivery shall be during normal business hours. Personally delivered Notice shall be deemed received when actually delivered as aforesaid and addressed as specified in sub-Article (c) below; or b. by telecopier or by any other electronic method by which a written message may be sent, printed and directed to the party on whom it is to be served at that address set out herein. Notice so served shall be deemed received on the earlier of: (i) upon transmission with answer back confirmation if received within the normal working hours of the business day; or (ii) at the commencement of the next ensuing business day following transmission with answer back confirmation thereof; or 55 2022.07.19 Adopted Council Package 10 c. by mailing via first class registered post, postage prepaid, to the party on whom it is served. Notice so served shall be deemed to be received THREE (3) days after the date it is postmarked. In the event of postal interruption, no notice sent by means of the postal system during or within seven (7) days prior to the commencement of such postal interruption or seven (7) days after the cessation of such postal interruption shall be deemed to have been received unless actually received. Address for Notices (Rocky View County) Rocky View County Fire Services 262075 Rocky View Point Rocky View County T4A 0X2 Fax: (403) 516-1910 E-mail: rsmith@rockyview.ca Attn: Manager of Fire Services Address for Notices (Kneehill County) Kneehill County Fire Services PO Box 400 1600-2nd Street NE Three Hills, AB. T0M 2A0 Fax: 403-443-5115 E-mail: fire@kneehillcounty.com Attn: Manager of Protective Services Or such other address as may be communicated in writing by the Parties from time to time. 10.6 Other notices may be reported as follows: a. Incident Report forms to Rocky View County Fire Department shall be delivered by Kneehill Fire Department via facsimile at (403) 516-1910 or email above, and marked Attention: Fire Chief; b. Incident Report forms to Kneehill County, shall be delivered by Rocky View County via facsimile at (403) 443-5115 and marked Attention: Protective Services Manager c. Kneehill Fire Chief/ Protective Services Manager may be reached at (403) 443-0457 d. Rocky View County’s Duty Officer may be reached at (403) 831-8401; and e. Each Party may change the contact information provided in this Paragraph 10.6 upon written notice to the other. 10.7 A waiver by any Party hereto of the strict performance of the other Party of any covenant or provision of this Agreement will not of itself constitute a waiver of any subsequent breach of such covenant or provision or of any other covenant, provision or term of this Agreement. 56 2022.07.19 Adopted Council Package 11 10.8 Each of the Parties from time to time and at all times will do all such further acts and execute and deliver all such further documents and assurances as may be reasonably required in order to fully perform and carry out the terms of this Agreement. 10.9 The Parties agree that this Agreement may be amended from time to time in writing upon mutual agreement to do so to give effect to the intention of the Parties as the circumstances at the time may require. 10.10 Any dispute between the Parties hereto as to the interpretation of, subject matter of, or in any way related to, this Agreement is to be resolved by the Parties attempting to reach a fair and equitable resolution by using, in good faith, one or more of the following means, in the order listed, until a resolution is arrived at. The means to be used are: a. negotiation; b. mediation; c. arbitration; d. or legal proceedings in a court of competent jurisdiction. Except for the purposes of preserving a limitation period or obtaining an appropriate interim order or remedy where reasonably necessary, unless otherwise agreed to in writing by the parties, it is a condition precedent to the bringing of any legal proceedings that the means or procedures in this clause have been used and followed in good faith. With respect to mediation, unless otherwise agreed to in writing, mediation will be in accordance with the procedures of The ADR Institute of Canada, Inc. (hereinafter sometimes referred to as the "Institute"), using as mediator a third party neutral person, either mutually agreed to by the Parties, or if the Parties are unable to agree as selected by the Institute. With respect to arbitration, unless otherwise agreed to in writing by both Parties, arbitration is to be by way of a single arbitrator pursuant to the Arbitration Act, R.S.A. 2000 Chapter A-43. 10.11 Neither Party will be liable to perform its obligations pursuant to this Agreement if prevented from doing so by circumstances beyond that Party's control including but not limited to strikes, riots, civil disturbances or Acts of God. 10.12 Terms, provisions, covenants and conditions contained in this Agreement which, by their nature or the terms thereof, require performance by the Parties after the expiration or termination of this Agreement shall continue in full force and effect following such expiry or termination including, without limitation, any indemnification provisions. 10.13 The Parties agree that they have expressed herein their entire understanding and agreement concerning the subject matter of this Agreement. 10.14 The recitals set out at the beginning of this document and the schedules attached hereto are hereby made part of this Agreement. 57 2022.07.19 Adopted Council Package 12 IN WITNESS WHEREOF the parties hereto have caused to be hereto affixed their respective corporate seals attested by the signatures of their respective duly authorized signing officers, as of the day and year first above written. Rocky View County _____________________________________ Signature of Authorized Representative ______________________________________ Printed Name of Authorized Representative ______________________________________ Title of Authorized of Authorized Representative ______________________________________ Date Kneehill County _____________________________________ Signature of Authorized Representative _____________________________________ Printed Name of Authorized Representative _____________________________________ Title of Authorized of Authorized Representative _____________________________________ Date 58 2022.07.19 Adopted Council Package 13 SCHEDULE “A” SERVICE FEES It is agreed that – 1. Either Party may call for a standby response when an Emergency arises that requires the commitment of all available resources. 2. Standby response will be deemed to be "Mutual Aid" and be provided at no charge. 3. Provision of Fire Services will be deemed to be "Mutual Aid" and be provided at no charge unless otherwise agreed to by the Parties. 4. The current ATU rates will apply when apparatus and manpower are dispatched to or utilized on primary and secondary highways within the other Party's jurisdiction. Each Fire Department will apply for their own ATU reimbursement where applicable. 5. The Requesting Party will be responsible to compensate the Responding Party for the actual cost of any consumable used in provision of the Fire Services such as foam, spill products, etc.. SCHEDULE “B” HAZARDOUS SITES None noted at time of Agreement. 59 2022.07.19 Adopted Council Package REQUEST FOR DECISION AGENDA ITEM # 5.3.3 Page 1 of 2 Version: 2022-01 Subject: 2022 Capital Equipment Purchasing Meeting Date: Tuesday, July 19, 2022 Prepared By: Deb Grosfield, Protective Services Manager Presented By: Kevin Gannon, Director of Community Services RECOMMENDED MOTION: That Council approves the amended Capital Equipment Replacement of the Three Hills Tender for an amount not to exceed $575,000 and furthermore that the equipment is to be funded through Municipal Sustainable Funding (MSI) STRATEGIC PLAN ALIGNMENT: (Check all that apply) ☐ ☐ ☐ ☐ ☐ ☒ Improving Fiscal Sustainability Preserving Rural Way of Life Pursing Focused Growth Ensuring Comms & Engagement Providing Good Governance Level of Service RELEVANT LEGISLATION: Provincial (cite)- N/A Council Bylaw/Policy (cite)- 16-4 Capital Equipment Replacement Plan Line Item Over Expenditure Process BACKGROUND/PROPOSAL: Kneehill County administration had budgeted for the replacement of the Three Hills Tender in 2021 and 2022. After the capital budget was approved in the spring, it was discovered that the amount to be budgeted was $425,000, not $325,0000, which was the approved amount. The Tender is expected to be delivered in July 2022. DISCUSSION/OPTIONS/BENEFITS/DISADVANTAGES/OTHER CONSIDERATIONS: The replacement of equipment and materials has increased significantly, and our Capital Replacement Plan is ever changing to reflect the market. The price increase from $475,000 to $575,000 was not captured in the latest version of the budget, which caused a $100,000 difference in the needed amount. FINANCIAL & STAFFING IMPLICATIONS: After further review the entire $575,000 for the Capital Replacement is eligible to be fully funded through the available MSI funding. RECOMMENDED ENGAGEMENT: Directive Decision (Information Sharing, One-Way Communication Tools: Individual Notification Other: ATTACHMENTS: 60 2022.07.19 Adopted Council Package REQUEST FOR DECISION AGENDA ITEM # 5.3.3 Page 2 of 2 Version: 2022-01 N/A COUNCIL OPTIONS: 1. That Council approve the recommended motion as presented. FOLLOW-UP ACTIONS: Finance make adjustments on financial reports. APPROVAL(S): Kevin Gannon, Community Services Director Approved- ☒ Mike Haugen, Chief Administrative Officer Approved- ☒ 61 2022.07.19 Adopted Council Package REQUEST FOR DECISION AGENDA ITEM # 7.1 Page 1 of 3 Version: 2022-02 Subject: Bylaw #1859- Repeal of Obsolete Bylaws Meeting Date: Tuesday, July 19, 2022 Prepared By: Carolyn Van der Kuil, Legislative Services Coordinator Presented By: Carolyn Van der Kuil, Legislative Services Coordinator RECOMMENDED MOTION: That Council give first reading Bylaw 1859 that being a bylaw to repeal obsolete, redundant, and outdated bylaws. That Council provide second reading to Bylaw 1859. That Council provide unanimous consent for third and final reading to Bylaw 1859. That Council provide third reading to Bylaw 1859. STRATEGIC PLAN ALIGNMENT: (Check all that apply) ☐ ☐ ☐ ☐ ☒ ☐ Improving Fiscal Sustainability Preserving Rural Way of Life Pursing Focused Growth Ensuring Comms & Engagement Providing Good Governance Level of Service RELEVANT LEGISLATION: Provincial (cite)- Council Bylaw/Policy (cite)- BACKGROUND/PROPOSAL: As a way to provide good governance, Kneehill County Administration has been actively reviewing the Bylaw database to ensure the Bylaws that are in place are in order and comply with current legislation. Kneehill County’s Bylaw database consist of 1958 Bylaws, upon comprehensive review of the bylaw database it has discovered more than 90 bylaws that are obsolete or redundant. Theses bylaws largely fall into one of four categories: 1. Bylaws that were created for a very specific purpose and once acted upon, have no further effect or are no longer required; 2. Bylaws that have been superceded by a change in overarching legislation or by another bylaw; 3. Bylaws that were created for a specific purpose or situation that no longer exists; or 4. Bylaws that were created for a specified time period, which has now elapsed. In the next couple of months, Administration will bring around 10 bylaws per meeting for repealing Once the review has been completed and the obsolete bylaws have been removed, a four- year review cycle will be created for the current bylaws, just like we do for our policies we have in place. 62 2022.07.19 Adopted Council Package REQUEST FOR DECISION AGENDA ITEM # 7.1 Page 2 of 3 Version: 2022-02 DISCUSSION/OPTIONS/BENEFITS/DISADVANTAGES/OTHER CONSIDERATIONS: The Bylaws we are repealing today are: Bylaw # Short Title Date Passed 210 Purchase Land and Building 1955/03/14 225 Purchase Land 1955/12/12 237 Purchase Land 1956/08/13 260 Lease of Land 1957/04/03 291 Purchase Land 1958/12/08 309 Gravel Lease 1959/09/14 310 Gravel Lease 1964/12/31 312 Purchase Land 1959/11/09 313 Purchase Land 1959/11/09 317 Gravel Lease 1959/12/15 FINANCIAL & STAFFING IMPLICATIONS: There are no financial and staffing implications if Council passes this bylaw. RECOMMENDED ENGAGEMENT: Directive Decision (Information Sharing, One-Way Communication Tools: Individual Notification Other: ATTACHMENTS: Bylaw 1859- Repealing Bylaw COUNCIL OPTIONS: 1. That Council pass all three readings 2. That Council pass first reading only 3. That administration bring back further information 63 2022.07.19 Adopted Council Package REQUEST FOR DECISION AGENDA ITEM # 7.1 Page 3 of 3 Version: 2022-02 FOLLOW-UP ACTIONS: Update the Bylaw Database. APPROVAL(S): Mike Haugen, Chief Administrative Officer Approved- ☒ 64 2022.07.19 Adopted Council Package BYLAW NO 1859 REPEALING BYLAW A BYLAW OF KNEEHILL COUNTY, IN THE PROVINCE OF ALBERTA, TO REPEAL INOPERATIVE, OBSOLETE, EXPIRED, SPENT AND INEFFECTIVE BYLAWS WHEREAS, Section 7 of the Municipal Government Act, R.S.A. 2000, CM-26, as amended, provides Council with the authority to pass bylaws for municipal purposes; AND WHEREAS, Section 63 of the Municipal Government Act, R.S.A. 2000, CM-26, as amended, empowers a Council of a municipality to pass a bylaw which omits or provides for the repeal of a bylaw or provision of a bylaw that is inoperative, obsolete, expired, spent or otherwise ineffective; AND WHEREAS, the Council of Kneehill County wishes to repeal inoperative, obsolete, expired spent and ineffective bylaws; NOW THEREFORE, the Council of Kneehill County, duly assembled, enacts as follows: 1. All bylaws identified as inoperative, obsolete, expired, spent or ineffective, as described in Schedule A, attached hereto and forming part of this bylaw, are hereby repealed. 2. This bylaw comes into effect upon third reading of this bylaw. READ a first time on this 19h day of July, 2022. READ a second time on this 19h day of July, 2022. UNANIMOUS permission for third reading given in Council on the 19h day of July, 2022. READ a third time and final time of this 19h day of July, 2022. Reeve Date Bylaw Signed Jerry Wittstock Chief Administrative Officer Mike Haugen 65 2022.07.19 Adopted Council Package Bylaw No.1858, Repealing Bylaw Page 2 of 2 SCHEDULE “A” Bylaws to be Repealed Bylaw # Short Title Date Passed 210 Purchase Land and Building 1955/03/14 225 Purchase Land 1955/12/12 237 Purchase Land 1956/08/13 260 Lease of Land 1957/04/03 291 Purchase Land 1958/12/08 309 Gravel Lease 1959/09/14 310 Gravel Lease 1964/12/31 312 Purchase Land 1959/11/09 313 Purchase Land 1959/11/09 317 Gravel Lease 1959/12/15 66 2022.07.19 Adopted Council Package BY-LAW # 210 A BY-LAW TO PURCHASE LAND AND BUILDING Under the provisions of sections 248 and 249 of PR the 1,1 icipal Districts Act the Municipal District of yr* Kneehi 1 # 48 agrees to purchase the following: Lots 27 and 28 Block 8 Three Hills Plan 4304 A.H. together with the warehouse situated thereon, being approx. 12 ft. by 16 ft. , and including the electrical wiring therein; excepting thereout all mines and minerals The said purchase to be from Sturdie Propane Ltd. for a ash price of $900.00, subject to all taxes having been p;id to the end of December 31, 1954. Received first, second, and third readings this 14th cl:y of March, 1955, and finally passed. A/Sec.-Tr* .s . -Re, e FORM 149-P—Special MUNICIPAL SUPPLIES LTD. 67 2022.07.19 Adopted Council Package MUNICIPAL DISTRiCi OF MERL AKU. LI 41 THREE HILLS, A. By-Law # 225 Under the provisions of Section 248 of the Municipal District Act the Council of the Municipal District of Kneehill hereby purchases land for use as a gravel pit, subject to the following: Location: North 660 ft. of the East 1,320 ft. of the S.E.-4.--16-32-26-4, reserving theAut all mines and minerals , and containing 20 acres more or less. Purch&sed from: Mr. Gottlieb Jahnke, of Olds, Alberta Price: $4,250. cash in full settlement The above By-Law was passed by the Council in regulEr meeting held Dec. 12, 1955, as follows: Mr. Church moved 1st. Reading. Carried unan. Mr. Schmelke moved 2nd. Reading. Carried unan. Mr. Brown moved 3rd. Reading. Carried unan. Certified correct: Reeve Sec.-Treas. V FORM 149-P—Special MUNICIPAL SUPPLIES LTD. 68 2022.07.19 Adopted Council Package oies. BY-LAW # 237 MUNICIPAL DISTRICT OF KNEEHILL # 48 Under the provisions of Section 248 of the Municipal Districts Act, 1954, the Council of the Municipal District of Kneehill # 48 shall purchase the following land for USE as a roadway: North 66 ft . of NE-3-29-2344, containing 4 acres, more or less . Purchase shall be from the Estate of Chris Diede and thE total purchase price shall he the sum of $1.00. 1st . Reading to this By-Law was moved by Mr. Boese. Carried unan. 2nd. Reading was moved by Mr. Brown. Carried unan. 3rd. Reading was moved by Mr. Church. Carried unan. All of the above Readings were given in regular Council meeting on August 13, 1956. Certified Correct: Reeve Sec.-Treas . 4( FORM 149-P—Special 11NTTNITCTPAT STTPPT TRc LTD_ 69 2022.07.19 Adopted Council Package BY-LAW # 260 LEASE OF NE-7-31-22-4 vie Under the provisions of the Tax Recovery Act the Municipal District of Kneehill # 48 leases the NE-7-31-22-4 to Mr. Watson Reed for the year 1957, with 80 acres to be summerfallowed, 40 acres seeded to wheat, and 40 acres seeded to barley, and with this District to get a one-third share of all crops produced; and the Reeve and Secretary-Treasurer are authorized to execute a lease including the above terms . 1st. Reading moved by Mr. Meston. Carried. p. 2nd. Reading moved by Mr. Peters . Carried. 3rd. Reading moved by Mr. Brown. Carried. Done and passed in Council this 3rd. day of April, 1957. Certified Correct: Municipal District of Kneehill # 48 Reeve FORM 149-P—Special MUNICIPAL SUPPLIES LTD. 70 2022.07.19 Adopted Council Package i MUNICIPAL DISTRICT OF KNEEHILL # 48 THREE HILLS, ALBERTA BY-LAW # 291 Under the provisions of Section 249 of the Municipal District Act, R. S. A. 1955 with amendments theret , the Council of the Municipal District of Kneehi 1 # I+8 enacts as follows: The said Municipal District shall purchase the most westerly 200 feet throughout of the south portion of Blo k "A" Plan 4720 A.K. Three Hills at a full price of $50.00 per acre cash. The Municipal District shall also a range andg pay for any necessary survey and for all re istration fees. The said property shall be used for the storage of machinery and culverts and other Municipal materials and for other general Municipal purposes. 1st. Reading moved by Councillor Boese. Carried.unan. 2nd. Reading moved by Councillor Peters. Carried unan. 1 3rd. R ading moved by Councillor Brown. Carried unan. Done arld passed in Council this 8th day of December, l95'8. Certified correct: d7c!rr' Reeve Sec .-Treas. iik w i FORM 149-P—Special MUNICIPAL SUPPLIES LTD. 71 2022.07.19 Adopted Council Package MUNICIPAL DISTRICT OF KNEEHILL 48 THREE HILLS, ALBERTA BY-LAW # 309 Resolved that the Municipal District of Kneehill # +8 enter into a gravel lease with L. 0. Andrew and P. R. Andrew for gravel situated on NE-11-29-21J+ at a rate of 100 per cu. yd. for the gravel removed and for a five year period and subject to the other terms and conditions as per the proposed lease submitted And that the Reeve and Sec .-Treas. be authorized to sign the said lease on behalf of this District. 1st. Reading moved by Councillor Brown. Carried unan. 2nd. Reading moved by Councillor Church. Carried unan. 3rd. Reading moved by Councillor Campbell. Carried unan. Done and passed in Council this 14th day of September, 19 59. Reeve Sec .-Treas.L 4, 72 2022.07.19 Adopted Council Package MUNICIPAL DISTRICT OF KNEEHILL # 48 THREE HILLS, ALBERTA BY-LAW # 310 Resolved that the Municipal District of Kneehill # 48 extend the term of the gravel lease with R. R. lhorburn to December 31, 196+, in respect to gravel from NW-10-29-.22-4 otherwise subject to the same terms as the existing lease And that the Reeve and Sec .-Treas. be authorized to sign the required agreement in this respect. 1st. Reading moved by Councillor Schmelke. Carried unan. 2nd. Reading moved by Councillor Brown. Carried unan. 3rd. Reading moved by Councillor Reston. Carried unan. Certified correct: eeve Sec .-Trea- 73 2022.07.19 Adopted Council Package MUNICIPAL DISTRICT OF KNEEHILL # +8 BY-LAW # 312 Under the provisions of Section 268 of the Municipal Districts Act, R. S. A. 1955 and amendments thereto, the Municipal District of Kneehill # 4-8 shall acquire from the Board of the Three Hills School Division # 60 the following described property: Lot A in Block 3 Plan Grainger 990 A. 0. , reserving unto Her Majesty all Mines and Minerals. The said property is acquired as a gift, with the purchase price entry of $1.00 being given as a nominal amount. 1st. Reading moved by Councillor Boese. Carried unan. 2nd. Reading moved by Councillor Schmelke. Carried unan. 3rd. Reading moved by Reeve Meston. Carried unan. Done and passed in regular meeting of Council this 9th day of November, 1959• Certified correct: 4°° s* Reeve Sec.-Tres. 74 2022.07.19 Adopted Council Package MUNICIPAL DISTRICT OF KNEEHILL # 48 BY--LAW # 313 4:; The Municipal District of Kneehill # 48 shall purchase the following described property from W. A. I. Jacobs, of Grainger, Alberta: Lot 27 in Block 1 Plan Grainger 990 A. 0. , reserving unto Her Majesty all Mines and Minerals and the right to work the same. This property, when acquired, shall be converted to acreage together with adjacent property. Councillor Boese moved 1st. Reading to this By-Law. Carried unan. Councillor Church moved 2nd. Reading. Carried unan. Counci for Campbell moved 3rd. Reading. Carried unan. Done and passed in regular meeting of Council this 9Ih day of November, 1959. Certified correct: 047tEstai .,. if - 3---1eeveSec.-Treas. 1 C II 1 f 1 0 1 FORM 949-P--Special MUNICIPAL SUPPLIES LTD.75 2022.07.19 Adopted Council Package MUNICIPAL DISTRICT OF KNEE"HILL # 48 THREE HILLS, ALBERTA BY-LAW # 317 i0 0 The Council of the Municipal District of Kneehill # 48 o- hereby authorizes a gravel lease with Carl Knudsen for gravel from NW-I0-34-22-4 at the rate of 100 per cu. yd. and su'j ect to all terms and conditions as contained in the gravel lease completed and signed with the said Mr. Carl Knudsen on December 15, 1959. Mr. Btin moved 1st. Reading. Carried unan. Mr. Church moved 2nd. Reading. Carr i ed unan. 411 Mr. Campbell moved 3rd. Reading. Carried unan. Done and passed in Council this 8th day of January, 1960. Certified correct: Reeve Sec .-Treas. 411 410 FORM 149-P—Special MUNICIPAL SUPPLIES LTD.76 2022.07.19 Adopted Council Package REQUEST FOR DECISION AGENDA ITEM # 7.2 Page 1 of 2 Version: 2022-02 Subject: Kneehill 4-H Multi-Club Request Meeting Date: Monday, July 4, 2022 Prepared By: Carolyn Van der Kuil, Legislative Services Coordinator Presented By: Mike Haugen, CAO RECOMMENDED MOTION: That Council provide sponsorship to the Kneehill 4-H Multi-Club in the amount of $500.00 to help cover the costs of hosting the 4-H Archery Camp in Carbon. STRATEGIC PLAN ALIGNMENT: (Check all that apply) ☐ ☐ ☐ ☐ ☒ ☒ Improving Fiscal Sustainability Preserving Rural Way of Life Pursing Focused Growth Ensuring Comms & Engagement Providing Good Governance Level of Service RELEVANT LEGISLATION: Provincial (cite)- Council Bylaw/Policy (cite)- Policy #15-7, Recreation, Community, Arts and Cultural Events Policy BACKGROUND/PROPOSAL: Administration received a letter from the Kneehill 4-H Multi-Club requesting financial support to help cover the costs of hosting the 4-H Archery Camp in Carbon on August 19-21, 2022. DISCUSSION/OPTIONS/BENEFITS/DISADVANTAGES/OTHER CONSIDERATIONS: This is the second year the 4-H group will be hosting this event and will bring many families to the area. Council approved $500.00 last year to this group. FINANCIAL & STAFFING IMPLICATIONS: There is currently $7835 remaining in budget for this type of funding. RECOMMENDED ENGAGEMENT: Directive Decision (Information Sharing, One-Way Communication Tools: Individual Notification Other: ATTACHMENTS: Kneehill 4-H Multi-Club Request Letter Policy #15-7, Recreation, Community, Arts and Cultural Events Policy COUNCIL OPTIONS: 1. That Council approve a donation request in the amount of $500.00 77 2022.07.19 Adopted Council Package REQUEST FOR DECISION AGENDA ITEM # 7.2 Page 2 of 2 Version: 2022-02 2. That Council approve a donation request in an amended amount. 3. That Council receive the request for information. FOLLOW-UP ACTIONS: Notify Kneehill 4-H Multi-Club with decision. APPROVAL(S): Mike Haugen, Chief Administrative Officer Approved- ☒ 78 2022.07.19 Adopted Council Package Kneehill 4-H Multi-Club Box 87, Carbon, Ab, T0M 0L0 403-823-0242 pwpm@cciwireless.ca July 4, 2022 Dear Kneehill County, My name is Jody Wacowich and I am the leader of the Kneehill 4-H Multi Club and the Chair of the Provincial Science, Art, Lifeskills, Technology and Trades (SALTT) committee. Our goal is to bring new 4- H events in these project areas to the members across the province. On August 19-21, 2022, I will be hosting members from across the province in the second Provincial 4-H Archery Camp. The members will be having fun learning target and 3D archery skills, they will have some outdoor summer camp fun as well and they will be visited by a group of mounted archers who will give a demonstration. Due to COVID-19 restrictions being unknown in April when this event was being planned, it is set up as a day camp, which actually turns out to be a great opportunity to bring families to the county. The member’s families will come with them and camp or stay in local hotels overnight, the families are being encouraged to check out the sites in the area during the day. We have 25 members registered already and they are coming from as far as St. Paul to join us. In our first year we had a fantastic response to this event and are looking forward to even more members attending this year. Archery being the fastest growing project in 4-H we expect this event to become very popular. 4-H is a great program for positive youth development. The lifelong skills we as members learn help us to be leaders in our community today and into the future. Archery also provides some great skills like improving focus, confidence, hand-eye coordination and more. 79 2022.07.19 Adopted Council Package We thank you for your sponsorship of this event and we are asking you to consider sponsoring it again this year. We would recognize the county as a sponsor of the event in our program and have welcomed Counsellor McGhee to drop by that weekend. I can be reached at 403-823-0242 if you have any questions. Warm regards, Jody Wacowich, Leader, Kneehill 4-H Multi-Club Chair, 4-H SALTT Committee 80 2022.07.19 Adopted Council Package REQUEST FOR DECISION AGENDA ITEM # 7.3 Page 1 of 2 Version: 2022-02 Subject: Three Hills 2022 FCSS Community Discovery Night Meeting Date: Tuesday, July 19, 2022 Prepared By: Carolyn Van der Kuil, Legislative Services Coordinator Presented By: Mike Haugen, CAO RECOMMENDED MOTION: That Council receive for information the Three Hills Community Discovery Night Report. STRATEGIC PLAN ALIGNMENT: (Check all that apply) ☐ ☐ ☐ ☐ ☐ ☐ Improving Fiscal Sustainability Preserving Rural Way of Life Pursing Focused Growth Ensuring Comms & Engagement Providing Good Governance Level of Service RELEVANT LEGISLATION: Provincial (cite)- N/A Council Bylaw/Policy (cite)- N/A BACKGROUND/PROPOSAL: An invitation has been received to attend the FCSS Three Hills Community Discovery Night. Attendance to this event would be part of Council’s Base Rate. As a consequence this Request for Decision is for Information Purposes only and for Council to decide who will attend the event. DISCUSSION/OPTIONS/BENEFITS/DISADVANTAGES/OTHER CONSIDERATIONS: The scheduled date for the Three Hills Community Discovery Night is Wednesday, September 7, 2022 at the Three Hills Curling Club from 5:30 p.m. to 7:00 p.m. FINANCIAL & STAFFING IMPLICATIONS: Kneehill County Peace Officers will also be in attendance and will have Kneehill County swag to give away. Attendance for Council has been budgeted through the 2022 Operating Budget Base Rate. RECOMMENDED ENGAGEMENT: Directive Decision (Information Sharing, One-Way Communication Tools: Individual Notification Other: ATTACHMENTS: Kneehill Regional FCSS Request Letter 81 2022.07.19 Adopted Council Package REQUEST FOR DECISION AGENDA ITEM # 7.3 Page 2 of 2 Version: 2022-02 COUNCIL OPTIONS: 1. That Council approve attendance 2. That Council receive for information. FOLLOW-UP ACTIONS: Administration will RSVP and reserve a table. APPROVAL(S): Mike Haugen, Chief Administrative Officer Approved- ☒ 82 2022.07.19 Adopted Council Package 779 2nd St NE, Box 400 Three Hills, AB T0M 2A0 Tel: (403) 443-3800 Email angie@krfcss.com June 20, 2022 RE: Three Hills 2022 Community Discovery Night Kneehill Regional Family and Community Support Services would like to invite your organization to participate in the Three Hills Community Discovery Night scheduled for Wednesday, September 7th, 2022. The purpose of Community Discovery Night is to provide Three Hills and area residents with information, resources and programs available for them to access or get involved with. If your organization chooses to participate, we ask that you put together a display and provide personnel to man your booth. A table will be provided for you to use for your display. Your involvement in the Three Hills Community Discovery Night event will assist us in sharing information with our community residents. Feel free to also provide “give-aways” or have a draw at your booth for a door prize. Details for the evening are as follows: Date: Wednesday, September 7, 2022 Set Up Time: 5:00 p.m. Event Time: 5:30 – 7:00 p.m. Location: Three Hills Curling Club (217 – 3rd Avenue N) Participants: Three Hills and Area Community members RSVP: By August 26th, 2022 by calling 403-443-3800 or emailing angie@krfcss.com Please do not hesitate to call if you have any questions. Thank you, Angie Stewart Kneehill Regional FCSS Program Coordinator 83 2022.07.19 Adopted Council Package REQUEST FOR DECISION AGENDA ITEM # 7.4 Page 1 of 3 Version: 2022-02 Subject: Kneehill Medical Services Retention and Recruitment Task Force Agreement Meeting Date: Tuesday, July 19, 2022 Prepared By: Mike Haugen, CAO Presented By: Mike Haugen, CAO RECOMMENDED MOTION: That Council approve the Medical Services Retention and Recruitment Agreement as presented. STRATEGIC PLAN ALIGNMENT: (Check all that apply) ☐ ☒ ☐ ☐ ☐ ☐ Improving Fiscal Sustainability Preserving Rural Way of Life Pursing Focused Growth Ensuring Comms & Engagement Providing Good Governance Level of Service RELEVANT LEGISLATION: Provincial (cite) NA Council Bylaw/Policy (cite) NA 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. The proposed terms of reference have been amended several times based on member feedback. At this time, the Town of Three Hills, Village of Acme, and Village of Linden have all approved the agreement. DISCUSSION/OPTIONS/BENEFITS/DISADVANTAGES/OTHER CONSIDERATIONS: The updated Terms of Reference provide clarity in the Task Force’s composition, operation, and scope of activities. 84 2022.07.19 Adopted Council Package REQUEST FOR DECISION AGENDA ITEM # 7.4 Page 2 of 3 Version: 2022-02 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. A proposed agreement was previously presented to municipal councils for feedback. The Kneehill Regional Partnership reviewed the comments obtained from the respective councils and incorporated these into the document. This included: • Clarifying wording around the provision of funding to private businesses and stating that this did not apply to retention bonuses. • Clarifying that a municipal member that terminated its involvement with the Task Force is not entitled to have any funding returned. • Adding to the scope and purpose of the Task Force to strengthen the focus on retention. • Altering the name of the Task Force so that “Retention” appears before “Recruitment” in order to prioritize the retention component. • Shortening the period of notice required by a municipal member to end their participation in the Task Force. • Clarifying that the Dr. Representative is a non-voting member. In addition to the municipal concerns, the Kneehill Regional Partnership has added a clause indicating an effective date of September 30th, 2022. This establishes a specific date and will allow the current Task Force to transition to the new one. The Kneehill Regional Partnership met on July 6th and made some slight adjustments to the document. The copy presented today is the most recent version. FINANCIAL & STAFFING 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. RECOMMENDED ENGAGEMENT: Directive Decision (Information Sharing, One-Way Communication Tools: hoose anitem. Other: ATTACHMENTS: Proposed Kneehill Medical Services Retention and Recruitment Task Force Agreement 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. 3. Council may opt to suggest that the Kneehill Regional Partnership consider additional changes. 85 2022.07.19 Adopted Council Package REQUEST FOR DECISION AGENDA ITEM # 7.4 Page 3 of 3 Version: 2022-02 FOLLOW-UP ACTIONS: Administration will notify the Kneehill Regional Partnership as appropriate. APPROVAL(S): Mike Haugen, Chief Administrative Officer Approved- ☒ 86 2022.07.19 Adopted Council Package 1 Kneehill Medical Services Retention and Recruitment Task Force Regional Agreement Name The name shall be the Kneehill Medical Services Retention and Recruitment Task Force (the “Task Force”). Purpose: Focusing on retention, the purpose of the Task Force is to facilitate the continued presence of medical professionals and to build a sustainable system for the retention and attraction of medical services that will establish ongoing healthcare services meeting the needs of 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. 87 2022.07.19 Adopted 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 recruitment/retention contracts. - Develop ways of showing appreciation for medical professionals through fostering community support and awareness. - Identify and celebrate successes. - Educate regional decision-makers regarding the role of AHS and local authorities regarding recruitment. - Focus on retention activities. The following activities are considered outside the scope of the Task Force: - Duplication of AHS activities. - Fundraising. - Providing grants, subsidies, or other funding to private business interests other than the normal recruitment or retention contracts. - 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 as a non- voting member. 4. The CAO or designate of each member municipality as non-voting members. 88 2022.07.19 Adopted Council Package 3 Voting Only primary members or those elected officials acting in a primary role may vote. 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. 89 2022.07.19 Adopted Council Package 4 2. Such attendance is not disruptive to the meeting. 3. The member attending electronically is in a secure non-public location. 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 90 2022.07.19 Adopted Council Package 5 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. 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 related tasks as required. Termination by a Partner A municipal member may withdraw from the Task Force by giving written notice to the other municipal members. Notice must be given by September 30th of a given year for the withdrawal to be effective in that year. It is acknowledged that any municipal member withdrawing from the Task Force will not be entitled to reimbursement of any funding contributed to the Task Force. 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. 91 2022.07.19 Adopted Council Package 6 Enactment This agreement replaces the Doctor Recruitment and Retention Task Force Terms of Reference previously 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 agreement. This agreement will come into effect on September 30th, 2022. Upon the effective date of this agreement, funding held by the Kneehill Regional Partnership for the Dr. Recruitment and Retention Task Force will be transferred in whole 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 92 2022.07.19 Adopted Council Package 7 _________________________ _________________________ Mayor Mayor ________________________ _________________________ CAO CAO 93 2022.07.19 Adopted Council Package REQUEST FOR DECISION AGENDA ITEM # 7.5 Page 1 of 2 Version: 2022-02 Subject: Minister of Municipal Affairs – Meeting Request Invitation Meeting Date: Tuesday, July 19, 2022 Prepared By: Mike Haugen, CAO Presented By: Mike Haugen, CAO RECOMMENDED MOTION: That Council accept the invitation from the Municipal Services Division for information. STRATEGIC PLAN ALIGNMENT: (Check all that apply) ☐ ☐ ☐ ☐ ☐ ☒ Improving Fiscal Sustainability Preserving Rural Way of Life Pursing Focused Growth Ensuring Comms & Engagement Providing Good Governance Level of Service RELEVANT LEGISLATION: Provincial (cite)- NA Council Bylaw/Policy (cite)- NA BACKGROUND/PROPOSAL: The following correspondence has been received from Municipal Affairs: Dear Chief Administrative Officers: We are writing to inform you of a potential opportunity for municipal councils to meet with the Honourable Ric McIver, Minister of Municipal Affairs, at the 2022 RMA Fall Convention, scheduled to take place at the Edmonton Convention Centre from November 7-10, 2022. These meetings will be in person at the convention centre. Should your council wish to meet with Minister McIver during the convention, please submit a request by email to ma.engagement@gov.ab.ca no later than August 10, 2022. In your meeting request, please be sure to include one to three specific policy items or issues your municipality would like to discuss with the Minister. We generally receive more requests to meet with the Minister than can be reasonably accommodated over the course of the convention. To ensure suitable consideration of requests, municipalities should be mindful of the following criteria: • Policy items or issues directly relevant to the Minister of Municipal Affairs and the department will be given priority. • Municipalities located within the Capital Region can be more easily accommodated throughout the year, so priority will be given to requests from municipalities at a distance from Edmonton and to municipalities with whom Minister McIver has not yet had an opportunity to meet. 94 2022.07.19 Adopted Council Package REQUEST FOR DECISION AGENDA ITEM # 7.5 Page 2 of 2 Version: 2022-02 • Meeting requests received after the deadline will not be considered for the convention, but may be considered for future meeting opportunities. Meeting times with the Minister are scheduled for approximately 15 minutes per municipality. This will allow the Minister the opportunity to engage with as many municipal councils as possible. All municipalities submitting meeting requests will be notified at least two weeks prior to the convention as to the status of their request. Municipal Affairs will make every effort to find alternative opportunities throughout the remainder of the year for those municipalities the Minister is unable to accommodate during the convention. Engagement Team Municipal Services Division DISCUSSION/OPTIONS/BENEFITS/DISADVANTAGES/OTHER CONSIDERATIONS: Administration is looking for Council direction regarding a potential meeting. At this time there are no specific topics that Administration feels will meet the criteria established in the correspondence. Council may feel that there are specific items related to Kneehill County suitable to discussion with the Minister. FINANCIAL & STAFFING IMPLICATIONS: NA RECOMMENDED ENGAGEMENT: Directive Decision (Information Sharing, One-Way Communication Tools: hoose anitem. Other: ATTACHMENTS: NA COUNCIL OPTIONS: 1. Council may opt to request a meeting with the Minister of Municipal Affairs 2. Council may opt to accept the invitation for information FOLLOW-UP ACTIONS: Should Council opt to request a meeting, Administration will make the request accordingly. APPROVAL(S): Approved- ☐ Mike Haugen, Chief Administrative Officer Approved- ☒ 95 2022.07.19 Adopted Council Package REQUEST FOR DECISION AGENDA ITEM # 7.6 Page 1 of 2 Version: 2022-02 Subject: Alberta Municipal Taxation Professionals Association Meeting Date: Tuesday, July 19, 2022 Prepared By: Mike Haugen, CAO Presented By: Mike Haugen, CAO RECOMMENDED MOTION: That Council authorize sponsorship of the Alberta Municipal Taxation Professionals Association Conference ins the amount of $500 with funds to come from the 2022 Operating Budget. STRATEGIC PLAN ALIGNMENT: (Check all that apply) ☒ ☐ ☐ ☐ ☒ ☐ Improving Fiscal Sustainability Preserving Rural Way of Life Pursing Focused Growth Ensuring Comms & Engagement Providing Good Governance Level of Service RELEVANT LEGISLATION: Provincial (cite)- NA Council Bylaw/Policy (cite)- NA BACKGROUND/PROPOSAL: The Alberta Municipal Taxation Professionals Association (AMTPA) is a new organization composed of Taxation personnel from municipalities in Alberta. Kneehill County’s own Property Tax Officer, Caroline Siverson was a part of creating the organization. From their website, the AMPTA exists “to create a network of municipal property tax professionals in Alberta for collaboration and support by providing a platform to share knowledge, expertise and ideas; provide high quality educational opportunities and develop a certification program for Alberta municipal tax professionals.” The APTPA is looking to hold their first in person conference in September of this year and is seeking sponsorship of the event. DISCUSSION/OPTIONS/BENEFITS/DISADVANTAGES/OTHER CONSIDERATIONS: The following sponsorship options are available for consideration: $1000 Presentation Sponsor (2) $ 750 Thursday Evening Event Sponsor $ 500 Wine & Cheese Hospitality Suite $ 500 Thursday Lunch Sponsor $ 500 Friday Lunch Sponsor $ 250 Coffee Break Sponsor(4) 96 2022.07.19 Adopted Council Package REQUEST FOR DECISION AGENDA ITEM # 7.6 Page 2 of 2 Version: 2022-02 Sponsorship of this event and development of taxation professionals would be in alignment with Council’s Strategic Plan pillar of providing respectful, efficient, and strategic leadership. FINANCIAL & STAFFING IMPLICATIONS: NA RECOMMENDED ENGAGEMENT: Directive Decision (Information Sharing, One-Way Communication Tools: hoose anitem. Other: ATTACHMENTS: NA COUNCIL OPTIONS: 1. Council may opt to provide the recommended level of sponsorship 2. Council may opt to provide an alternate level of sponsorship 3. Council may opt to provide no sponsorship FOLLOW-UP ACTIONS: Administration will notify the AMPTA of Council’s decision accordingly. APPROVAL(S): Approved- ☐ Mike Haugen, Chief Administrative Officer Approved- ☒ 97 2022.07.19 Adopted Council Package REQUEST FOR DECISION AGENDA ITEM # 8.1 Page 1 of 3 Version: 2022-02 Subject: Request to amend Land Use Bylaw 1808 Meeting Date: Tuesday, July 19, 2022 Prepared By: Brandy Hay-Morgan, Planning & Development Officer Presented By: Brandy Hay-Morgan, Planning & Development Officer RECOMMENDED MOTION: 1. That Council move second reading of proposed Bylaw 1857 for the purpose of amending Land Use Bylaw 1808 by redesignating a portion of SE-22-30-25-W4 from Agriculture District to Light Industrial District. 2. That Council move third reading for proposed Bylaw 1857. STRATEGIC PLAN ALIGNMENT: (Check all that apply) ☐ ☐ ☒ ☐ ☐ ☐ Improving Fiscal Sustainability Preserving Rural Way of Life Pursing Focused Growth Ensuring Comms & Engagement Providing Good Governance Level of Service RELEVANT LEGISLATION: Provincial (cite)- Municipal Government Act, Alberta Utilities Commission Act, Oil & Gas Conservation Act, Council Bylaw/Policy (cite)- Land Use Bylaw 1808, Bylaw 1829, Municipal Development Plan BACKGROUND/PROPOSAL: Ext Capital Inc is the current landowner of the SE 22-30-25 W4, Plan 0112534, Block A, Lot 1 and have recently purchased this property in February of 2022. The parcel was purchased, by the new owners, with the impression that the lands were already zoned commercial or industrial use. DISCUSSION/OPTIONS/BENEFITS/DISADVANTAGES/OTHER CONSIDERATIONS: The proposed site is located approximately 2.5 miles SE of the Village of Linden as the crow flies. The site is accessed via Range Road 252 and is .5 miles south of TWP Rd 304. The applicants currently store their business products (concrete forms) in one bay and are looking to lease the other three bays to other businesses for warehousing purposes. Below are the uses that can potentially be introduced on the lands that have been redesignated to the Light Industrial District. Industrial Storage and Warehousing (i) is a permitted use in the Light Industrial District. The required public hearing was held July 19, 2022, at 9:00 a.m. as required by the legislation. 98 2022.07.19 Adopted Council Package REQUEST FOR DECISION AGENDA ITEM # 8.1 Page 2 of 3 Version: 2022-02 FINANCIAL & STAFFING IMPLICATIONS: There are no financial implications to the operating budget. If successful in their redesignation and further development, additional tax revenue will become part of our overall assessment. There are no staffing implications to the recommended motion. RECOMMENDED ENGAGEMENT: Consultative Decision (Consulting the Public- Two Way Communication) Tools: Public Hearing Other: ATTACHMENTS: Bylaw 1857 Light Industrial District Letter of Intent COUNCIL OPTIONS: 1. That Council move second reading of proposed Bylaw 1857 for the purpose of amending Land Use Bylaw 1808 by redesignating a portion of SE-22-30-25-W4 from Agriculture District to Light Industrial District. 2. That Council consider additional readings for proposed Bylaw 1857. 3. That Council defer additional readings to an alternate date and time. 4. Council request more information prior to proceeding with additional readings. 99 2022.07.19 Adopted Council Package REQUEST FOR DECISION AGENDA ITEM # 8.1 Page 3 of 3 Version: 2022-02 FOLLOW-UP ACTIONS: Administration will ensure that the required follow-up action as per Council’s decision is communicated to the applicant. APPROVAL(S): Kevin Gannon, Community Services Director Approved- ☒ Mike Haugen, Chief Administrative Officer Approved- ☒ 100 2022.07.19 Adopted Council Package BYLAW NO. 1857 REDESIGNATION FROM AGRICULTURE DISTRICT TO LIGHT INDUSTRIAL DISTRICT BEING A BYLAW OF THE COUNCIL OF KNEEHILL COUNTY, IN THE PROVINCE OF ALBERTA, TO AMEND LAND USE BYLAW NO. 1808 WHEREAS, pursuant to the Municipal Government Act, Chapter M-26, Revised Statutes of Alberta 2000, as amended, a Municipal Council has authority to govern and to pass bylaws respecting the municipality; and WHEREAS, it is deemed necessary and expedient to amend Bylaw No. 1808 in the manner hereinafter. NOW THEREFORE, the Council of Kneehill County, in the Province of Alberta, duly assembled, and under the powers conferred upon it by the Municipal Government Act, RSA 2000, Chapter M-26, and amendment thereto, enacts as follows: 1. THAT in PART XIV- LAND USE MAPS, the relevant 14.65-acres of SE 22-30-25 W4, Plan 011 2534, Block A, Lot 1 shown on the sketch below are to be redesignated from AG – Agriculture District to LI- Light Industrial District. 101 2022.07.19 Adopted Council Package Bylaw No. 1857, Agriculture District to Light Industrial District Bylaw Page 2 of 2 2. EFFECTIVE DATE (1) This bylaw comes into effect upon third reading. READ a first time on this 14th day of June, 2022. Public Hearing Date on this 19th day of July, 2022. READ a second time on this _____ day of _______________, 2022. READ a third time and final time of this ______ day of _________________, 2022. Reeve Jerry Wittstock Date Bylaw Signed Chief Administrative Officer Mike Haugen 102 2022.07.19 Adopted Council Package Land Use Bylaw 1808 118 102. LI – Light Industrial District Purpose To provide for a wide range of low intensive industrial and commercial land uses in the rural areas, which are easily accessible. Permitted Uses (a) Accessory Building (b) Automotive and Recreational Vehicle Sales and Rentals (c) Cannabis, Micro-Cultivation (d) Cannabis, Micro-Processing (e) Cannabis, Nursery License (f) Cannabis, Sale License (Medical) (g) Farm and Industrial Equipment and Machinery Sales and Service (h) Industrial Manufacturing/Processing (i) Industrial Storage & Warehousing (j) Motor Vehicle Servicing, Repair & Storage – Service Station (k) Office (l) Public Utility Building (m) Security Suite (n) Solar, Private – Ground Mounted (o) Veterinary Clinic Discretionary Uses (a) Abattoir (b) Accessory Use(s) (c) Agricultural Processing (d) Agricultural Support Services (e) Auction Mart (f) Auction Mart, Livestock (g) Bulk Fuel Depot (h) Cannabis, Sale License (Non-Medical) (i) Cannabis, Standard Cultivation (j) Cannabis, Standard Processing (k) Car/Truck Wash (l) Commercial Storage (m) Data Centre (n) Drive-through Business (o) Eating and Drinking Establishment (p) Equipment Rentals (q) Gas Bar (r) Gas & Oilfield Services Business, Minor (s) Hazardous/Noxious Uses (t) Housing, Employee (u) Meat Market/Butcher (v) Outdoor Storage Facility (w) Portable Storage Container (x) Public or Quasi-public Use (y) Restaurant (z) Recycling Collection Point (aa) Recycling Depot (bb) Sign (cc) Truck Stop (dd) Veterinary Hospital (ee) Warehousing (ff) Wind Energy Conservation System, Private (gg) Wrecking Yard (1) Subdivision Regulations (a) Minimum Lot Area: 1 acre (0.4 ha) (b) Minimum Lot Area Width 30.5 m (98.4 ft.) LI L I G H T I N D U S T R I A L D I S T R I C T 103 2022.07.19 Adopted Council Package Land Use Bylaw 1808 119 (2) Development Regulations (a) Minimum Gross Floor Area for Housing, Employee: 74 m² (800 ft.²) (b) Minimum Gross Floor Area for Other uses: at the discretion of the Development Authority (c) Maximum Lot Coverage: Sixty Percent (60%) (d) Maximum Height of any Principal or Accessory Structure 12.0 m (39.4 ft.) (3) Siting Regulations (a) Minimum Yard, Front Setback from the rights-of-way of a primary highway or as required by Alberta Transportation: 41.1 m (135 ft.) (b) Minimum Yard, Front Setback from the rights-of-way of a Road other that a primary Highway: 30.5 m (100 ft.) (c) Minimum Side Yard Setback: 7.6 m (25 ft.) (d) Minimum Yard, Rear Setback: 7.6 m (25 ft.) (4) Landscaping Requirements (a) Notwithstanding requirements listed in Part IX, Landscaping, Fencing and Screening, a minimum 3.0 m (10 ft.) wide landscaped buffer shall be provided along the rear and side parcel boundaries adjacent any residential land use. Landscaping shall be provided to the satisfaction of the Development Authority, and may include construction of a 1.8 m (6 ft.) solid fence or wall and the planting of trees and may include the planting of shrubs and/or other vegetation and the construction of a landscaped berm. (b) Notwithstanding (a) above, at the discretion of the Development Authority, screening may be provided along the rear and side parcel boundaries adjacent to non-industrial use land uses and may include the construction of a 1.8 m (6 ft.) tall solid screened fence and the planting of trees, shrubs and other vegetation. (c) Landscaping requirements within the front yard shall be at the discretion of the Development Authority. (d) Landscaping must not impede the sight triangle of intersections of roads and approaches as per Section 36. (5) Special Requirements for Rural Industrial Development (a) Industrial uses and rural industrial parks shall be located within a reasonable distance of: i. a primary highway to which the planned use or park has access; or ii. a railway to which the park has access, or both. (b) Rural industrial parks (3 or more lots) must be contained within an approved Area Structure Plan. 104 2022.07.19 Adopted Council Package Land Use Bylaw 1808 120 (c) Industrial uses and rural industrial parks shall be located and designed so as not to create conflicts with adjacent or surrounding land uses through unsightly appearance, emission of noise or pollutants, creation of dust or similar disturbances. (d) Industrial uses and rural industrial parks shall not locate on lands having a potential for flooding, erosion, subsidence, steep slopes or otherwise containing adverse physical features. (e) Industrial uses and rural industrial parks shall have adequate sewage disposal systems and available water supplies as required by appropriate authorities. (6) In considering subdivision or development permit applications for industrial uses adjacent to existing residential developments, the Development Authority may impose conditions addressing: (a) The provision of proper services and access to the site; (b) Aesthetics; (c) The control of signage; (d) The control of noise; (e) A development agreement, with the need to provide security; and (f) Any other issue deemed necessary by the Development Authority. (7) In addition to the regulations listed above, other regulations may apply. These include Part VII – General Land Use Regulations, Part VIII – Specific Land Use Regulations, Part IX – Landscaping, Fencing and Screening, Part X – Parking and Loading Regulations, and Part XI – Sign Regulations.   105 2022.07.19 Adopted Council Package 106 2022.07.19 Adopted Council Package 1072022.07.19 Adopted Council Package REQUEST FOR DECISION AGENDA ITEM # 9.0 Page 1 of 1 Version: 2022-01 Subject: Council & Committee Reports Meeting Date: Tuesday, July 19, 2022 Prepared By: Carolyn Van der Kuil, Legislative Services Coordinator Presented By: Mike Haugen, CAO RECOMMENDED MOTION: That Council accepts for information the Council & Committee Report, as presented. STRATEGIC PLAN ALIGNMENT: (Check all that apply) ☐ ☐ ☐ ☐ ☒ ☒ Improving Fiscal Sustainability Preserving Rural Way of Life Pursing Focused Growth Ensuring Comms & Engagement Providing Good Governance Level of Service RELEVANT LEGISLATION: Provincial (cite)- N/A Council Bylaw/Policy (cite)- N/A 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/OTHER CONSIDERATIONS: 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. RECOMMENDED ENGAGEMENT: Directive Decision (Information Sharing, One-Way Communication Tools: Individual Notification Other: ATTACHMENTS: Council & Committee Reports COUNCIL OPTIONS: 1. That Council accepts the Council and Committee Report. FOLLOW-UP ACTIONS: N/A APPROVAL(S): Choose an item. Mike Haugen, Chief Administrative Officer Approved- ☒ 108 2022.07.19 Adopted Council Package May 26th, 2022 Kneehill Senior Housing Report • The province gave $100 per unit to offset the cost of utilities. • KSH is able to carry over $37,467 of funding for improvements to suites (flooring). • KSH is still receiving covid funding to help cover costs. ($391,580.44) • The personal health buttons (lifeline) have been purchased for residents, which have not been upgraded since early 90’s. The beepers alert staff to a resident needing help. • There is a grant available Food and Security for small communities (50 million) with a value of $100,000 to $500,000 maximum which KSH will access to expand the kitchen another 700 feet, this would allow the facility to have a larger space to do food prep not only for the residents but also to help low-income seniors in the community access affordable meals. The reno would include Kitchen expansion, new equipment and ventilation. The only impact would be the loss of two parking spaces. • KSH equipment to be appraised for future possible sale. • The utilities will increase to a month for residents as the cost to power and heat the buildings have increased significantly. This means any KSH building not at the $50 maximum will increase $10, this doesn’t fully cover the cost of electricity and heat but it moves KSH in the right financial viability. • There has been a review of the policy i.e.: Benefit Policy, Statutory Holiday policy and Protected leave policy. These have been updated to reflect the employment standards of Alberta. • There will be a complete renovation of KSH suites in Trochu (10), Acme (1), Torrington (1). • There was a covid outbreak in April for 5 weeks effecting 22 people who tested positive, the good news not many had symptoms. • KSH has 22 vacancies however 14 of those are not being rented due to renovations needing to take place in the near future. Which means only 8 suites are truly vacant at this time. • There will be a resident and staff hockey game on May 27, 2022 in the parking lot at 3:30 p.m. with a BBQ to follow sponsored by GFS. • The COA of KSH has been nominated for the Women of Influence award. June 28th, 2022 • Kneehill Housing Board, CAO and a Representative from Gitzel and Company Chartered Professional Accountants reviewed the Financial Statement for the year ending December 31st, 2021. The Independent Auditor’s Report was presented and allowed for 109 2022.07.19 Adopted Council Package discussion and questions from the Board. Despite the challenges of the last two years, Kneehill Housing Corporation is in a positive fiscal position. • Golden Hills Lodge has single and double rooms available currently. Lots of fun activities planned for the summer, including a Canada BBQ and gardening fun! • Attached are the Financial Statements and Auditor’s Report. Carrie Fobes-Councillor Division 4 Laura Lee Machell-Cunningham-Councillor Division 5 110 2022.07.19 Adopted Council Package REQUEST FOR DECISION AGENDA ITEM # 10.0 Page 1 of 2 Version: 2022-01 Subject: Council Follow-up Action List Meeting Date: Tuesday, July 19, 2022 Prepared By: Carolyn Van der Kuil, Legislative Services Coordinator Presented By: Mike Haugen, CAO RECOMMENDED MOTION: That Council receive for information the Council Follow-up Action List as presented. STRATEGIC PLAN ALIGNMENT: (Check all that apply) ☐ ☐ ☐ ☐ ☒ ☒ Improving Fiscal Sustainability Preserving Rural Way of Life Pursing Focused Growth Ensuring Comms & Engagement Providing Good Governance Level of Service RELEVANT LEGISLATION: Provincial (cite)- N/A Council Bylaw/Policy (cite)- N/A BACKGROUND/PROPOSAL: To request Council’s acceptance of the Council Follow-Up Action List. DISCUSSION/OPTIONS/BENEFITS/DISADVANTAGES/OTHER CONSIDERATIONS: 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 & STAFFING IMPLICATIONS: N/A RECOMMENDED ENGAGEMENT: Directive Decision (Information Sharing, One-Way Communication Tools: Individual Notification Other: ATTACHMENTS: July 19, 2022 Council Follow Up Action List COUNCIL OPTIONS: 1. To receive the report regarding the Council Follow-up Action List for information 2. Council provide further direction or required changes/amendments 111 2022.07.19 Adopted Council Package REQUEST FOR DECISION AGENDA ITEM # 10.0 Page 2 of 2 Version: 2022-01 FOLLOW-UP ACTIONS: Update Action List and provide Council Follow-up Action list at the next Council meeting. APPROVAL(S): Choose an item. Mike Haugen, Chief Administrative Officer Approved- ☒ 112 2022.07.19 Adopted Council Package Meeting Date Motion #Description/Motion Action Required Assigned To Due Date Status 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. 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 following presentation of options/feasibility and subsequent direction from Council 22-Mar-22 97/22 AUMA Energy Audit- Deputy Reeve King moved that Council request Administration to provide additional information for the proposed projects as presented. Mike Haugen/Director of Community Services 24-May-22 185/22 Councillor McGhee moved that Council approve the presented Horseshoe Canyon branded materials for sale by staff or by third party operators as a pilot branding program for 2022.Shelby Sherwick 24-May-22 186/22 Reeve Wittstock moved that Council direct administration to bring back more information regarding the Marigold Library System.Carolyn Van der Kuil On the June 28th Agenda. 14-Jun-22 195/22 Councillor Penner moved that Council schedule the Public Hearing, as per Sections 230 & 692 of the Municipal Government Act, to be held on July 19, 2022, at 9:00 a.m.Barb Hazelton On the agenda for July 19/22 14-Jun-22 200/22 Deputy Reeve King moved that Council request the Kneehill Regional Partnership make further amendments to the Medical Retention and Recruitment Task Force Terms of Reference with amendments made to quorum and termination clauses.Mike Haugen 28-Jun-22 211/22 Councillor McGhee moved that Council approves a draw of $135,000 from the Capital Equipment Replacement Reserve to fund Capital Equipment Plan purchases for which the quotes were higher than originally budgeted.COMPLETE 28-Jun-22 212/22 Councillor Penner moved that Council accept the RCMP Quarterly Report and Kneehill County Public Safety Report for information, as presented.COMPLETE 28-Jun-22 213/22 Deputy Reeve King moved that Council accept the Peace Officer Program Update for information, as presented.COMPLETE 28-Jun-22 214/22 Councillor McGhee moved that Council approves the Fire Level of Service Policy project through the Kneehill Regional Partnership, with project funds of $14,000 to come from the Corporate Initiatives 2022 operating funding.COMPLETE 28-Jun-22 215/22 Councillor Christie moved that Council direct Administration to draft and send a response on behalf of Kneehill County Council to Members of Parliament (MPs) Kurek, Stubbs, and Gourde on the top three issues affecting rural economic development.COMPLETE 28-Jun-22 216/217/218/219/22 Council moved all three readings to Bylaw 1858, that being a bylaw to repeal obsolete, redundant, and outdated bylaws.COMPLETE 28-Jun-22 220/22 Councillor McGhee moved to direct administration to confirm the meeting with the Honourable Minister Shandro regarding police services.COMPLETE 28-Jun-22 221/22 Councillor McGhee moved to direct administration to send a letter on Council’s behalf co-nominating Sgt. Jamie Day for the Alberta Association of Chiefs of Police Outstanding Service Award. COMPLETE 28-Jun-22 222/22 Councillor McGhee moved that Council approve the revised Marigold Library agreement as presented.COMPLETE Council Action Items 113 2022.07.19 Adopted Council Package Meeting Date Motion #Description/Motion Action Required Assigned To Due Date Status Council Action Items 28-Jun-22 223/22 Councillor Penner moved that Council approve the per capita levy rates listed on the revised Marigold Library Schedule “C”, as presented.COMPLETE 114 2022.07.19 Adopted Council Package AMENDMENT SUMMARY Council Meeting Date: July 19, 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: 9.2- Kneehill Regional Family and Community Support Services 9.3- Trochu Housing Corporation Package: Nothing was added to package 115 2022.07.19 Adopted Council Package