Regular Council Meeting Town of Daysland
Monday, October 28, 2019, 18:30 Council Chambers, Daysland Town Office
2. ORGANIZATIONAL MEETING Organizational Meeting 2 - 3 2.1 Agenda and Council Committees
3. CALL TO ORDER
3. REGULAR COUNCIL MEETING
4. ADOPTION OF AGENDA 4 - 5 4.1 October 28, 2019 Agenda
5. ADOPTION OF MINUTES
6 - 7 5.1 28 Oct 2019 Regular Council Minutes
6. CAO REPORT 2019-10-20 CAO Report
8 - 15 6.1 16 - 133 6.2 Attachments to the CAO Report
134 - 167 6.3 Correspondence
7. COUNCIL REPORTS 168 - 170 7.1 Mayor Kusalik
171 7.2 Deputy Mayor Candlish
172 - 176 7.3 Acting Mayor Fisher
177 7.4 Councillor McLeod
178 - 180 7.5 Councillor Robertson
8. IN CAMERA
9. ADJOURNMENT
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Correspondence The Governance Zone A Council Guide to Navigating Council-Staff Relations AUMA President – October 10, 2019 Flagstaff Intermunicipal Partnership considering deep changes WIMacTel Canada Inc. – removal of Telus Payphone at Daysland Hotel Village of Forestburg – FIP Management Town of Sedgewick – FIP Management Town of Killam – FIP Management Town of Killam – Council Committee List Town of Sedgewick – Council Committee List Battle River School Division – September Meeting Highlights Pastor Ben Kellert – Taking Back Flagstaff Prayer Tour Rural Municipalities of Alberta – Draft Fall Convention Program Parkland Regional Library Draft Board Minutes – September 12th Village of Lougheed – FIP Management Village of Lougheed – Committee Representatives 2019-2020 Steady the Wheel – Daysland Ag Society Christmas Party 17. Public Works Shop Break-In 18. Closed Session Section 27(1)(a)(2) – Freedom of Information and Protection of Privacy Act COUNCIL REPORTS Mayor Kusalik 2019-10-08 Intermunicipal Collaboration Framework 2019-10-10 BRAED Executive Board Meeting Deputy Mayor Candlish 2019-10-01 Flagstaff Regional Housing Group Acting Mayor Fisher 2019-09-23 Parkland Regional Library Conference 2019-09-24 AUMA 2019-10-01 Daysland Public Library 2019-10-10 Parkland Regional Library Advocacy Meeting Councillor McLeod 2019-10-08 Daysland Business Association Councillor Robertson 2019-09-30 Flagstaff Regional Waste 2019-10-08 Intermunicipal Collaboration Framework 2019-10-09 Rural Crime Watch Camrose ADJOURNMENT 2 Page 5 of 180 Town of Daysland Regular Meeting Minutes – September 30, 2019 Mayor: Councillors: Mayor Ed Kusalik Murray Candlish James (Butch) Robertson Allan McLeod Jeanny Fisher Staff: Rod Krips, CAO Brenda McDermott, Director of Legislative Services Cody Mayne, Director of Maintenance and Infrastructure Guests: Ernestine Ferris Arlene Anderson Mayor Kusalik called the meeting to order at 2:00 p.m. APPROVAL OF THE AGENDA 2019-09-01 MOVED by Councillor McLeod to approve the agenda. CARRIED MINUTES 2019-09-02 MOVED by Councillor McLeod to approve the August 26, 2019 Regular Council minutes. CARRIED 2019-09-03 MOVED by Deputy Mayor Candlish to accept the September 12, 2019 Public Auction Minutes as presented. CARRIED CAO REPORT Fortis Franchise Fee 2019-09-04 MOVED by Councillor Robertson to keep the Fortis Franchise fee at 7%. CARRIED COUNCIL REPORTS Mayor Kusalik 2019-08-21 BRAED Plant Protein Tour 2019-09-19 FIP 2019-09-12 BRAED Executive Board Meeting Page 1 of 2 ______2019-09-30 Regular Council Meeting Page 6 of 180 2019-09-23 AUMA Deputy Mayor Candlish 2019-09-11 FFCS 2019-09-24 AUMA Acting Mayor Fisher 2019-09-11 Daysland and District Aging in Place 2019-09-12 Parkland Regional Library Councillor McLeod 2019-09-10 Daysland Business Association 2019-09-12 RCMP Community Advisory Committee 2019-09-23 AUMA Councillor Robertson 2019-08-26 Flagstaff Regional Waste Mayor Kusalik called for a recess at 3:19 p.m. The meeting resumed at 3:20 p.m. 2019-09-05 MOVED by Mayor Kusalik to move to Closed Meeting at 3:20 p.m. In Attendance: Mayor Kusalik, Deputy Mayor Candlish, Acting Mayor Fisher; Councillor McLeod, Councillor Robertson, CAO Rod Krips, Brenda McDermott, Director of Legislative Services 2019-09-06 MOVED by Mayor Kusalik to return to Open Meeting at 3:37 p.m. ADJOURNMENT The meeting was adjourned at 3:37 p.m. Next Regular Meeting: October 28, 2019 at 2:00 p.m. ______MAYOR ______CAO Page 2 of 2 ______2019-09-30 Regular Council Meeting Page 7 of 180 CAO Council Report Prepared for: Mayor and Council October 28th, 2019 Prepared By: Rod Krips Chief Administrative Officer I present my report as follows: 1. Delegation – Walking Trail Committee Members of the Walking Trail Committee will present a discussion paper for Council’s consideration. 2. Presentation Christina Hopkins, Shannon Quale and Anton Bester from Urban Systems will address Council on a road map for implementing Asset Management in Capital Planning Process 3. ATB Roof The roofing company Boa Nova Contracting is on site and preparing for the upcoming roof replacement project, setting up guard rails and bringing tools to the roof etc. Materials will be arriving early next week (Tuesday October 8) and craned to the rooftop. The crew will need a few parking spots at the rear of the building to be used as the staging area. This area will be fenced off. Most of the demolition/removal of the old roof will be done prior to the staff arriving and the bank opening. There will be some noise and smell as this is inherent in replacing roofs and the crew will do their best to minimize impact to your day to day operations. Weather permitting the crew may work through the following weekend. There will be no need to access the interior of the building. Schedules will be updated as received. The attached e-mail was received from Richard Lucid Garland Canada Inc. October 15th, 2019: 1 | P a g e Page 8 of 180 Good morning Rod Trust everyone had an awesome weekend Kathy, as per the discussion we had on Friday while onsite, the crew was able to complete the work over the weekend They will be onsite today to remove the tools & equipment The metal flashings will need to be measured and fabricated prior to installation which may take a couple of weeks I'll keep you informed If there are any questions, don't hesitate to contact me - thank you ᐧ 4. Intermunicipal Collaborative Framework (ICF) The initial meeting of the Daysland/Forestburg/Flagstaff/ Municipal Planning Services meeting took place Tuesday October 8th at 1800 hours in Daysland Council Chambers. Attached is material which was distributed and discussed at the meeting. Appendix C – Inventory of Services is being updated as per discussions. The next meeting of the Committee is slated for Monday November 18th – 1800 hours in Council Chambers. The CAO’s and Municipal Planning Services will meet Wednesday November 6th at the County office. 5. Community Standards Bylaw No. 2019-650 As per the motion from the September 30th, 2019 Council minutes, the Community Standards Bylaw No. 2019-650 was left for Council to review. If there are no changes for this Bylaw, Council has the following options: (1) Council amends the Bylaw as per written comments provided to Administration. (2) Council agrees with the Bylaw as presented at the August 26th, 2019 Council meeting and gives 3 reading to the Bylaw. (3) Council may take no action at this time. 6. CAO Meeting The CAO’s met October 7th, 2019 – attached are the meeting notes from that meeting. The future of FIP was discussed extensively and the attached letter from FIP Coordinator Debra Moffatt is attached and a decision from Council is required for the November 4th, 2019 meeting. For your information, attached are the Terms of Reference for the Beaver Regional Partnership. 2 | P a g e Page 9 of 180 Administration Observation: It is important to come up with a solution to FIP that includes Flagstaff County, as it is important to have all municipalities represented at the table. All municipalities need a vehicle for the Subdivision Appeal Board and the Assessment Review Board – no municipality can take these tasks on by themselves. Council has the following options: (1) Council accept the recommendation presented by Mayor Perry Robinson September 6th FIP meeting; OR (2) Council bring forward other options for the operation of a Flagstaff Intermunicipal Partnership organization; OR (3) Council may take no action at this time. 7. FIP Operation and Transition Plan for Proposed Amalgamation As noted in the Item 6 – this matter was discussed at the October 7th, 2019 meeting. Shane Pospisil will be sending out the final report on October 30th for review at the November 4th FIP meeting. The following is the agenda for the November 4th meeting: Flagstaff Inter-Municipal Partnership Committee Regional Forum Meeting Monday, November 4, 2019 Hardisty Elks Hall (5016 – 52 Avenue, Hardisty, AB) At 6:00 pm 6:00 p.m. – Dinner 6:30 p.m. – Presentation by Don Kroetch re: Regional Emergency Services Society 7:00 p.m. – Presentation by Shane Posposil and Nolan Crouse of New West Opportunities re: Regional Governance Operation and Transition Plan Please note that this event will have dinner starting at 6:00 p.m. It would be appreciated if you could let me know how many are planning on attending so that the caterers are informed. Debra Moffatt will need our numbers by October 28. CAOs, please ensure that all of your council members are informed and invited. 8. Public Works Report Attached is The Director of Maintenance and Infrastructure monthly report. 9. Financial Reports The August financial reports are not available at the time of writing this report. 3 | P a g e Page 10 of 180 10. Flagstaff Regional Solid Waste As per the attached September 30th Board minutes, Flagstaff Regional Solid Waste Management is proposing an alternate method of waste collection for the residents in Flagstaff County – copied attached. Councillor James Robertson will update Council during his report. Executive Director Murray Hampshire is meeting with the CAO’s on Tuesday October 29th to explain the proposed changes as well as an update on the FRSWM draft budget for 2020. Attached is an e-mail dated October 11th, 2019 from Mr. Hampshire regarding “If In Doubt” bins: As you know, Flagstaff Waste installed ‘If in Doubt’ bins beside municipal recycle depots when the plastic recycle bins were removed in the spring. Ostensibly, this allowed residents a place to dispose of the plastic materials they had been collecting, but which we no longer accepted. It was intended to be a temporary measure. In June, our board decided to extend the original ‘free’ period to October, 2019, to give the public ample time to adapt to the modified recycle program. There has been some abuse of these bins, primarily in Strome and Galahad, and we responded to a County request to pull them earlier. We are now preparing to pull the remaining 7 bins in Daysland, Killam, Sedgewick, Lougheed, Forestburg, Alliance, Rosalind and Heisler at the end of October, unless the municipality wishes to keep the bins on a rental basis. The cost to the municipality would be $86.87 per month for a 6-yard bin emptied weekly, or $57.58 per month for the same bin emptied every second week. Please confirm whether you wish to keep the bins under a rental arrangement, or if you wish for us to pull the bins. Regards, Murray Hampshire 780.385.2104 (h) 780.385.1927 (m) Council has the following options: (1) Council agrees to have the bins pulled (2) Council agrees to keep the bins; BUT at no cost to the municipality of Daysland – No rental agreement (3) Council may take no action at this time. 11. Equitable Policing Costs for Municipalities The Government of Alberta has heard from many stakeholders about the need for a more equitable police costing model for Alberta. Based on this feedback, the Government has designed a costing model that requires testing with municipalities. We are not privy to 4 | P a g e Page 11 of 180 what the formula will be – however, it is certain we will have to include an expense item in the 2020 budget. More information will be available after the Provincial budget has been presented on October 24th. 12. Municipal Indicators Attached is a copy of a letter dated September 30th, 2019 from Gary Sandberg, Assistant Deputy Minister of Municipal Affairs relating to the new performance measures for Municipal Affairs. Also attached is a copy of Daysland’s 2018 Indicator Results as well as an information bulletin on how the indicators are calculated and what the result means. 13. Community Peace Officer From: Daryl Reinke [mailto:[email protected]] Sent: August-14-19 3:38 PM To: Rod Krips Subject: Regional CPO position Chatted with Don Macleod in viking today. Viking, Killam, Sedgewick, Holden, and Riley are meeting soon to discuss enforcement ideas and issues. One of the things they will discuss is the formation of a ‘group’ that would share the cost of equipping a PO vehicle and hiring a CPO. This CPO might be full or part time. This CPO might take over my duties plus do traffic work or might work in addition to me. I suggested Don call you to get Daysland an opportunity to be included in this group if it forms Regards Daryl Further to the above e-mail from our Bylaw Officer Daryl Reinke, I attended one meeting in Viking to explore the idea of jointly hiring a CPO. Attached is a preliminary budget prepared by Sedgewick CAO Jim Fedyk, and a draft agreement prepared by Viking CAO Don McLeod, and the Town of Killam’s October 18, 2019 response to this Program. To be clear, this would have to be discussed with Council on what Council’s vision for policing/bylaw enforcement and what we can afford. 14. Parkland Regional Library The proposed 2020 budget for Parkland Reginal Library has been forwarded to you for your perusal. In compliance with your municipality’s agreement with The Parkland Library Board, we require your council’s decision regarding the increase of the 2020 per capita requisition by November 1st. The next meeting of the Parkland Library Board is on November 7, 2019, where we will review the results of the municipal vote. Parkland’s Director, Ron Sheppard, is available to speak to your council or administration regarding the budget upon request. Please contact Parkland if you any questions. Mr. Sheppard can be reached at 403-782-3850 or by email at [email protected]. 5 | P a g e Page 12 of 180 Based on Daysland’s population of 824, the 2019 requisition @ $8.25 was $6798.00; and the 2020 requisition @ $8.55 would be $7045.20, an increase of $247.20. Council has the following options: (1) Council accepts the increase of $.30 per capita for 2020 (2) Council rejects the increase of $.30 per capital for 2020 (3) Council may take no action at this time. 15. Alberta Health Services Attached is a letter dated October 3rd, 2019 from Alberta Health Services regarding the leased space for housing the ambulance. Alberta Health Services is asking for an additional 5 year lease effect January 1, 2020 to December 31, 2024. Backgrounder: As we are aware, the Emergency Services Agreement is near completion and will be ready to be distributed to Councils for their review soon – as per Flagstaff Regional Emergency Services Working Group Chair Don Kroetch. The agreement will have a mechanism for transferring assets – including the fire halls to the Society. However, the matter of the space for the Daysland ambulance must be addressed in the agreement as it represents a revenue source for our operating budget. This was pointed out to Cynthia Goddard, VP Stakeholder & Client Relations for Transitional Solutions in a December 18th, 2018 letter from Daysland Council: “While Council agrees with the “all in – equipment and buildings” concept, there is a challenge in the “all in building” in Daysland. The Fire Hall is not in a standalone building – the building has multiple uses - namely the Fire Hall, Public Works shop/storage, Providence Place Minivan storage and Ambulance Bay. The Ambulance Bay is leased to Alberta Health Services for $6000.00 per year, and is a revenue line item in the Daysland Mill Rate Budget.” Council has the following options: (1) Council receives the Alberta Health Services letter as information only, at this time, until we are assured that the matter of leasing the space for the ambulance is covered to the satisfaction of Daysland Council, and that any revenue received for providing the space remains with the Town of Daysland. An e-mail explaining the situation has been sent to Lisa Duncan, Leasing Manager with Alberta Health Services. (2) Council renews the lease now. (3) Council may take no action at this time. 6 | P a g e Page 13 of 180 16. Correspondence The Governance Zone Resisting temptation Part II Municipal World – October 2019 A Council guide to navigating Council-staff relations Municipal World – October 2019 AUMA President – October 10, 2019 What we heard from the Province Flagstaff Intermunicipal Partnership considering deep changes Community Press – October 9, 2019 WIMacTel Canada Inc. – dated September 30, 2019 – received October 18, 2019 Removal of Telus Payphone at Daysland Hotel Village of Forestburg – October 18, 2019 FIP Management Town of Sedgewick – October 18, 2019 FIP Management Town of Killam – October 18, 2019 FIP Management Town of Killam – October 18, 2019 Council Committee List Town of Sedgewick – October 18, 2019 Council Committee List Battle River School Division – October 2019 September Meeting Highlights Pastor Ben Kellert – October 21, 2019 Taking Back Flagstaff County Prayer Tour Rural Municipalities of Alberta Draft Fall Convention Program Parkland Regional Library Draft Board Minutes – September 12th, 2019 Village of Lougheed – October 22, 2019 FIP Management Recommendations 7 | P a g e Page 14 of 180 Village of Lougheed Committee Representatives for 2019/2020 Steady the Wheel – Saturday November 30th, 2019 Daysland Ag. Society Christmas Party 17. Public Works Shop Break-In The Public Works shop was broken into on the early morning of October 21, 2019 nad the following is a partial list of tools and equipment missing: 2 Stihl chain saws, 2, Stihl cut off saws, 1, cut off cart, 1, Stihl ledge trimmer, 1 electronic transit 1, Stihl backpack blower, 1 lap top and the 2017 Dodge Ram 1500. A file has been opened with AUMSC Insurance. 18. Closed Session Section 24(a) (g) – Freedom of Information & Protection of Privacy Act Respectfully Submitted Rod Krips, C AO 8 | P a g e Page 15 of 180 FlagstaFFCounty | Town of Dagsland | Village of Forestburg [ I13 J’ ( ca,’ ? 5 Draft ICFReview Meeting | 8 October 2019 Page Page 16 of 180 ork - ICFRequiremen s - - Project Next Steps Page Page 17 of 180 - eptember/October - - - Present to Councils (Forinformation) - Present to Councils for approval Page Page 18 of 180 - Must be adopted by April 1, 2020 (MPS target Dec. 2019 - Must address (s. 708.29(2)): - Transportation - Water and Wastewater - Solid Waste - Emergency Services - Recreation - Any service that bene?ts residents in more than one ofthe municipalities. Page Page 19 of 180 - Must include: - Timefrome for implementing intermunicipol services - An approved Intermunicipdl Development Plan - Provisions for a binding dispute resolution process Page Page 20 of 180 NTR CTION -Tmss ection identi?es: Share information. Respect different views. rpose of the ICF Relations based on transparency. - Si Work together to resolve disputes. - Guiding prin iples Consult to ensure shared goals. Respectjurisdictional interests ICFrequirements Acknowledge that not all need to participate. Interpretation of acronyms Common voice on shared interests. List of schedules (Ato D) Public awareness of‘regional cooperation. The term ofthe ICF,and review schedule Page Page 21 of 180 |TE'M A C LA R ONCC M EE( C) - Purpose: 1. Enable open, effective communication and collaboration; 2. Routine monitoring ofintermunicipal relationships/agreements; 3. Forum for dealing with intermunicipal concerns/opportunities. - Composition: elected of?cials from each municipality ( ) - CAO from each municipality Page Page 22 of 180 NTEMUN AOLIACNCMM'E| - Terms of Reference (Sc - Appointment terms - Schedule - Chairperson - Budget - Administrative support - Public participation - Quorum - Non—|CC Or, we can include the ICCprovisions from the IDP. What is your preference? 29;», Page Page 23 of 180 NR U IA OLA‘ TI 'CCMM'I'I'E(CC ussion Protocols (Appendix - Purpose: - Respectjurisdictionalautonomy o eac municipal u - Promote meaningful/respectful dialogue - Establish consistency in discussions and decision making processes - Seek consensus where possible Page Page 24 of 180 'ETCY SVS - Organized by type ofservices: - Transportation Planning and Development - Water and Wastewater Heritage - Solid Waste Economic Development - Emergency Services Miscellaneous - Recreation and Community Future Projects/Collaboration Opportunities Page Page 25 of 180 PARTICIPANTS TIMEFRAME OPPORTUNITY Renew at the end FlagstaFF Cdunty of the first term, Village of no option to F0restburg renew a second time. Page Page 26 of 180 E T -OFSE - Homework! - Please review the inventory for completeness - Identify opportunities for future intermunicipol collaboration - Identify collaboration priorities (send to MP8 — please!) Page Page 27 of 180 T - Disputes related to land use and development shall utilize the dispute resolution process in the corresponding IDP. - Disputes related to the ICFfollow the process in - Lockofogreement on proposed amendments - Lock ofogreement on interpretotion ofthe ICF Page Page 28 of 180 DRAFT |c|= STEP PROCESS TIMELINE Step 1 Issue Identi?cation/Noticeofthe Dispute Step2 Negotiation (Administrative Review) Within 15 days of written notice (Step 1) Step Negotiation (ICC Review) Within 30dagsof conclusionof Administrative Review Step 4 Request Facilitated Mediation Within 30 days oflCC Review_ Step 5 6 months from written notice (Step 1) Step 6 Mediation Report 21 days after mediation conciusion Page Page 29 of 180 E SOL TION I PROCESS TIMELINE ’ Step 7 Appoint Arbitrator ' Within 15 days of Receipt ofMediation Report Binding Arbitration * 1 gear after written notice (Step 1) Arbitrator’s Order 1 year after written notice (Sept 1) Cost of Arbitration Within 30 days o1°Arbitrator's order Page Page 30 of 180 Recommendation: Propo ional - Model Default Dispute Resolution Process in the ICFRegulation is as follows: 10(1) Subject to an order of the arbitrator or an agreement by the parties, the costs of an arbitrator under this Schedule must be paid on a proportional basis by the municipalities that are to be parties to the iramewe?e as set out in subsection (2). (2) Each municipality's proportion of the costs must be determined by dividing the amount of that municipality's equalized assessment by the sum of the equalized assessments of all of the municipalities’ equalized assessments as set out in the most rec equalized assessment. ~u~=««»»=u~~-M--ces Page Page 31 of 180 ntoru o1°Services or comp e eness - Identify opportunities for future intermunicipol colloborotion - Identify priorities - Review dispute resolution processes - Next Meeting: MP8 to present dro1°t|CF to admin. committee Page Page 32 of 180 Page 33 of 180 Appendix B — Draft Discussion The following discussionprotocols have been developed for the ICC(and working groups established by the ICC)to: 1. Respect the jurisdictional autonomy of each participating municipality; 2. Promote respectful and meaningful dialogue; 3. Establish consistency in meeting discussions and decision making processes; and 4. Seek consensus (where possible) on issues of regional or intermunicipal significance; pa Ies to t IS ICF and the dis ussions/negotiations flowi orestburg, and Flagstaff County (thce participating municipalities The participating municipalities acknowledge and agree that ny issue agreed to in discussions/negotiations is an agreement in principlethat is subject to approval by the Councilsfor the participating municipalities. The parties agree that they will participate in good faith to discuss and negotiate ways to cooperate more effectively together whiletaking into account the interests of each municipality. EP EM e parties to t IS ICFac now the right of participating municipa ities to enter into agreemen s with one 0 the participating municipalities when it cannot be demonstrated that there is regional benefit to enterin agreement with all participating municipalities. The parties then agree to support agreements between some r all of the participating municipalities. RA The Councils for the participating municipalities have appointed representatives for the purposes of the tasks related to the ICC.If a perma nent vacancy occurs, Councils for the respect ive municipality can appoint another as replacement i their place. SU CHNICALADVISORS The participating municipalities may invite external consultants and/oradministrative support to attend an lCCsession with no less than seven days‘ notice to the other party. In exceptional circumstances the requirement for seven days ‘ notice may be waived by mutual agreement. When possible, external attendees willbe reflected on the meeting agenda. External consultants and/oradministrative support in attendance at a session will be subject to the provisions of the The ICCwillwork to achieve consensus on the issues or package of issues before them. 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E5: umm>>uw?umqmcn EwEm2m<.o8m%:_ _mn_u_c:c.:mE_ 858% 82 m?omco 858% 82 umm>>um?umamcn 3:0: :oB_.:s _umu:m>um&mw> ucoEm8m< Am.m:__u_>oE m._:£mm._ou_.6 mwm___> >_&=mmmo c8mc_c.:3 an :8 .E_axm oz 3: as .8 80 wm8E_m>> _m._3mz mam ._m..Eou ouzoc e~___v_>_u:>88m new .5; tam .:3&~: 9% an 8m___> EmEmw._m< u3m..__E.m.. 8.5.8 B £38 ._23mz . wmm___> meowis «do ma:8 :_>:m;u we .£._m3:_mn_ :85 m .>._E:ou 80 $0 co:Swumu_ .mm:m_u_m26:m. m..:£mm:ou_ E omm=_> co: .8 u_..mEo..:m >5 ;m>_..._mzumm EwEmm:m< c:m_>mo*0_mq_u_c:E.3:_\_mq_u_c:_2E58. um?umamuoz mc_omco mu:m_...>mo.6 :26... umiuwamuoz .:otmv_c$ .B._ Emzsoh uoéumamcn >:mw> .9.mmu*0 :26» 30-00 mammtm£< EmEom.m< weco:Eo8.u_ EwEao_m>wo “oz m:_om:O ...._ucm_m>mo.6 E50... umrzumamuoz _mn_u_::E.mE_\_ma_u_::_>_ zo_E_aummo um?umam>.EZD._.w_On_n_O >m_n_xm m2 Page 44 of 180 Page 45 of 180 Page 46 of 180 Town of Daysland BYLAW NUMBER 2019-650 COMMUNITY STANDARDS BYLAW Being a Bylaw of the Town of Daysland in the Province of Alberta to prohibit certain activities in order to prevent and compel the abatement of noise, nuisances, unsightly premises and public disturbances. ______ WHEREAS, under the authority of the Municipal Government Act, being Chapter M-26 the Revised Statutes of Alberta and amendments thereto, a Council may pass bylaws respecting the following matters: a) the safety, health and welfare of people and the protection of people and property; b) nuisances, including unsightly properties; and c) clearing of all snow, ice, dirt and other obstructions from the sidewalks situated on land adjoining the property owned by them. AND WHEREAS, under the authority of the Safety Codes Act, being Chapter S-1 of the Revised Statutes of Alberta and amendments thereto, a Council may pass bylaws regarding maintenance standards for buildings and other structures; NOW THEREFORE, the Council of the Town of Daysland, in the Province of Alberta, duly assembled enacts as follows: SECTION ONE – SHORT TITLE: 1.1 This Bylaw will be cited as the “Community Standards Bylaw”. SECTION TWO – ENFORCEMENT 2.1 The Town of Daysland is not required to enforce this Bylaw or parts of this Bylaw. In deciding whether to enforce this Bylaw or parts of this Bylaw the Town may take into account any practical concerns, including available municipal budget and personnel resources. SECTION THREE – DEFINITIONS: 3.1 “Alley” means a narrow highway or public thoroughfare, which provides a secondary means of access to a lot or lots intended chiefly to provide access to the rear of buildings and parcels of land; 3.2 “Boulevard” means: a) that part of a highway that is not a roadway; and b) is that part of the sidewalk that is not especially adapted to the use of, or ordinarily used by pedestrians, and includes the undeveloped road allowance adjacent to a laneway; Page 1 of 16 Community Standards Bylaw 2019-650 Page 47 of 180 3.3 “Bylaw Enforcement Officer” means a Bylaw Enforcement Officer appointed by the Town pursuant to the Municipal Government Act, R.S.A. 2000, c. M-26, to enforce Town Bylaws, and includes a member of the Royal Canadian Mounted Police and, when authorized, a Community Peace Officer appointed under the Peace Officer Act, R.S.A. 2006, c. P-3.5; 3.4 “Chief Administrative Officer” means the person appointed to act in the position of Chief Administrative Officer for the Town, or a person designated to act on the Chief Administrative Officer’s behalf; 3.5 “Designated Officer” means the Development Officer, Community Peace Officer or any Manager that the Chief Administrative Officer designates to perform functions within the Town of Daysland; 3.6 “Development Authority” means the person, commission or organization authorized to exercise development powers and perform duties on behalf of the Town; 3.7 “Fireworks” means fireworks listed in the Explosives Regulations, 2013 SOR/2013-211 and the Alberta Fire Code; 3.8 “Good Repair” means maintaining the condition of an object or structure such that it does not become untidy, unsightly or dangerous and such that the object or structure can continue to be used in the means that was originally intended; 3.9 “Graffiti” means the defacement or disfigurement of any property or object, through the performance of any of the following acts: a) the application of any substance, including paint, ink, stain or whitewash to any surface; or b) the affixing of any substance, including paper, fabric or plastic, by any form of adhesion, that does not remove cleanly when pulled away from the applied surface; or c) the marking, scratching, etching or other alteration or disfigurement of any surface; 3.10 “Littering” means knowingly leaving, improperly placing, depositing or throwing of any unwanted item, refuse or debris on any public or private property so as to be a nuisance or health concern; 3.11 “Nuisance” means any activity or thing which arises from unreasonable, unwarranted or unlawful use by any person on a premises or property so as to produce an annoyance, inconvenience or discomfort to the public, or create annoyance or inconvenience to people living, working or pursuing activities in the vicinity of the premises or property, and anything by act or omission that causes or permits a condition to exist which injures or endangers the public health, safety or welfare, or may reasonably be anticipated to be likely to injure or endanger public health, safety or welfare; 3.12 “Noise” means any sound having regard for all circumstances, including the time of day and the nature of the activity generating the sound, likely to unreasonably annoy or disturb persons or Page 2 of 16 Community Standards Bylaw 2019-650 Page 48 of 180 to injure, endanger or detract from the comfort, repose, health, peace and safety of persons within the boundary of the Town; 3.13 “Occupant” means residing on or to be in apparent possession or control of premises or property or; property pursuant to a written or verbal rental or lease agreement, license or permit; 3.14 “Order to Remedy” means written notice issued pursuant to this Bylaw to remedy a condition that is not in compliance with any provision of this Bylaw or any applicable Bylaw within the Town including the Land Use Bylaw or an order written pursuant to Section 545 of the Municipal Government Act, R.S.A. 2000, c. M-26, and amendments thereto; 3.15 “Owner” means a person: a) who is registered under the Land Titles Act, R.S.A. 2000, c. L-4 and amendments thereto as the owner of a parcel of land; b) who is recorded as the owner of a premises or property on the tax assessment roll of the Municipality of Town of Daysland; c) who has purchased or otherwise acquired a parcel of land, whether he or she has purchased or otherwise acquired the land directly from the owner or from another purchaser, and has not yet become the registered owner thereof; d) holding himself or herself out as the person having the powers and authority of ownership of a premise or a property or who, for the time being, exercises the powers and authority of ownership; e) in possession or control of a premises or property under construction; 3.16 “Park” (Open Space) means an area of public land, whether in a manicured or natural state, specifically designed or reserved for the enjoyment of the general public, having facilities for rest and/or passive recreation, including trails, playing fields and picnic areas; 3.17 “Peace Officer” means a Community Peace Officer, Bylaw Enforcement Officer, RCMP Officer or another person appointed and authorized by the Town to enforce Bylaws of the Town; 3.18 “Playground” means an area of public land that is developed for active outdoor play or recreation use, primarily by children, and containing recreational equipment and structures such as slides and swings; 3.19 “Premises” means any external surfaces of all structures and the whole or part of any parcel of real property, including property immediately adjacent to any structure, and includes all forms of vegetation and including any property or structures owned or leased by the Municipality including up to the center of lanes or alleys at the rear or side of the premises; 3.20 “Property” means: a) in the case of land, a parcel of land including any structures; or, b) in other cases, personal property. Page 3 of 16 Community Standards Bylaw 2019-650 Page 49 of 180 3.21 “Provincial Offences Procedure Act” means the Provincial Offences Procedure Act R.S.A. 2000, c. P-34, and the regulations thereof, as amended or replaced from time to time; 3.22 “Public Place” means any place, including privately owned or leased property, to which the public reasonably has access of right or by invitation or is permitted to have access; 3.23 “Recreational Vehicle” also known as an RV, means a vehicle as defined in Section 1 of the Traffic Safety Act that is designed to provide temporary living quarters to be used for travel, recreation, leisure or vacation purposes; 3.24 “Resident” means a person, whose primary residence is in the T own of Daysland, and Province of Alberta; 3.25 “Sidewalk” means that part of the highway especially adapted to the use of or ordinarily used by pedestrians and includes that part of a highway between the curb line or, where there is no curb line, the edge of the roadway, and the adjacent property line whether it is paved or not; 3.26 “Sports Field” means an outdoor area designed and intended for use in a specific sporting event and includes soccer fields, baseball diamonds, tennis courts and similar areas; 3.27 “Town” means the Town of Daysland; 3.28 “Untidy and Unsightly Premises or Property” means any premises or property, or part of it, which is characterized by visual evidence of a lack of general maintenance and upkeep or the excessive accumulation on the premises or property of: a) garbage, animal or human excrement, sewage, weeds, tree pruning or dead grass, the whole or a part of an animal carcass, dirt, soil, gravel, rocks, petroleum products, hazardous materials, disassembled equipment or machinery, broken household chattels or goods; or b) the whole or any part of any vehicle or vehicles which are not registered with a Motor Vehicle Registry for the current year and which are inoperative by reason or disrepair, removed parts or missing equipment; or c) equipment or machinery which has been rendered inoperative by reason of disassembly, age or mechanical condition, including household appliances; or d) animal material, ashes, building material, refuse or debris as defined in this bylaw; or e) any other form of scrap, litter, trash or waste of any kind; 3.29 “Weeds” means the definition found in the Weed Control Act, R.S.A. 2008 c. W-5.1 and amendments thereto; For the purpose of this Bylaw, all terms referred to and not defined in this Bylaw are as defined in the Land Use Bylaw and amendments thereto. Page 4 of 16 Community Standards Bylaw 2019-650 Page 50 of 180 SECTION FOUR – CONTROL OF WEEDS AND UNMAINTAINED VEGETATION ON PREMISES OR PROPERTY 4.1 Cut, mow or carry out measures designed to inhibit propagation of nuisance or noxious weeds on the premises or property that is infested with weeds; 4.2 Cut, mow or carry out measures designed to inhibit propagation of uncontrolled grass or other vegetation on the premises from April 1st through to October 31st, to ensure it does not exceed 8 cm in height. This includes the sidewalks immediately adjacent to their property. 4.3 Prune any and all trees or shrubs that interfere with any public utility or public works, traffic control devices or curb sight lines, that are/or could be a public safety hazard, including lines, poles, conduits, pipes, sewer or other works of the Town of Daysland or utility company on their premise or property; 4.4 Prune any tree, shrub or other vegetation which interferes or could interfere with any person or vehicle using a publicly owned or maintained sidewalk, street or alley; 4.5 Destroy the restricted weed if specified by a Peace Officer or Weed Inspector pursuant to the Weed Control Act, R.S.A. 2008, c. W-5.1 and amendments thereto; or 4.6 Carry out other measures as prescribed by a Peace Officer or Weed Inspector pursuant to the Weed Control Act, R.S.A. 2008, c. W-5.1 and amendments thereto. SECTION FIVE – NOISE 5.1 No person shall cause or permit any noise that annoys or disturbs the peace of any other person; 5.2 No person shall permit property that they own or control to be used so that noise from the property annoys or disturbs the peace of any other person; 5.3 In determining what constitutes noise likely to annoy or disturb the peace of other persons, consideration may be given, but is not limited to: a) type, volume and duration of the sound; b) time of day and day of week; c) nature and use of the surrounding area; 5.4 No owner or manager or other person in charge of premises where liquor is served to the public shall permit any noise to emanate from such premises such that it annoys or disturbs any person outside the boundary of the premises. Section 5(3) of this Bylaw provides to this provision; 5.5 No person may activate or apply engine retarder brakes in the Town, except persons operating Emergency Services Vehicles in the course of responding to an emergency. SECTION SIX – INDUSTRIAL NOISE 6.1 Nothing in this Bylaw shall prevent the continual operation or carrying on of an industrial activity where the activity is one which: a) is a permitted use; or b) is an approved discretionary use; 6.2 In the operation or carrying on of an industrial activity, the person operating or carrying on that activity shall make no more noise than is necessary in the normal method of performing or carrying on that activity. Page 5 of 16 Community Standards Bylaw 2019-650 Page 51 of 180 SECTION SEVEN – CONSTRUCTION NOISE 7.1 Unless permission from the Town Development Authority is first obtained, no person shall carry on with construction of any type, on any type of structure, which involves hammering, sawing or the use of mechanical tools, or equipment capable of creating a sound which may be heard beyond the boundaries of the site which the activity is being carried on, in any district other than a district designated in the Land Use Bylaw as a industrial district; between the hours of 10:00 p.m. and 7:00 a.m. on any day except Sunday, and between the hours of 10:00 p.m. Saturdays and 9:00 a.m. on Sundays. 7.2 Unless permission from the Town Development Authority is first obtained, no person shall use, operate or allow to be used or operated any machinery or equipment so as to create a noise, or disturbance which may be heard in a residential building between the hours of 10:00 p.m. and 7:00 a.m. on any day except Sunday, and between the hours of 10:00 p.m. Saturdays and 9:00 a.m. on Sundays. Exceptions: 7.3 The provisions in Section 6.1 and 6.2 do not apply to work carried on by the Town, or by a contractor carrying out the instructions of the Town. 7.4 The provisions in Section 6.1 and 6.2 do not apply to contractors carrying out snow removal from commercial or industrial sites which are not adjacent to residential districts. 7.5 In the case of snow removal from commercial or industrial sites located adjacent to residential districts, and where in the reasonable opinion of the Development Authority it is necessary to ensure the peace and quiet of residents, the Development Authority may require noise abatement practices including one or both of the following conditions; a) a requirement that snow not be removed between 12:00 a.m. and 06:00 a.m.; b) a requirement that snow be removed from a site in a sequence which is least disruptive to the peace and quiet of residents. 7.6 Construction Waste a) Each construction site shall have a waste container to ensure that waste construction materials are placed in the container and completely covered over when not in use to prevent the material from being blown away from the construction site. b) No loose construction material is to be stored or accumulated on a construction site unless it is not capable of being blown around the construction area. SECTION EIGHT – NUISANCE AND UNSIGHTLY PROPERTY 8.1 Nuisance and unsightliness for the purpose of this Bylaw includes any use of or activity upon any property such that the condition of the property is offensive to any person, or shows signs of disregard for general maintenance and upkeep or is unsightly, or has or may have a detrimental impact upon any person, or other property in the neighborhood, and without limiting the generality of the foregoing, includes the following: a) the failure to maintain grass, weeds, shrubs, trees or other landscaping features incidental to a landscaped area; Page 6 of 16 Community Standards Bylaw 2019-650 Page 52 of 180 b) the failure to destroy restricted weeds, control noxious weeds, or prevent the spread or scattering of nuisance weeds; c) the growth of trees or shrubs in such a manner that they interfere with or endanger visibility to street signage or sidewalk roadway clearance; d) the storage or accumulation of any material, that creates unpleasant odours, any material that attracts pests, or any animal remains, parts of animal remains or animal feces; e) the storage or accumulation of, or failure to dispose of, discarded or dilapidated furniture or household appliances such a refrigerators, freezers, washers and dryers, etc. loose garbage, rubbish, packaging material, scrap metals, scrap lumber, tires, parts of disassembled machinery, equipment or appliances and motor vehicle parts; f) the causing of opaque or dense smoke and permitting such smoke to be emitted into the atmosphere for a period in excess of 6 minutes in any one hour, or at a point other than the opening to the atmosphere of the flue, stack or chimney, unless specifically authorized by the Chief Administration Officer; g) the generation of excessive dust and permitting such dust to escape from the property; h) the use of any pesticide or herbicide which has significant detrimental or environmental effects on surrounding areas; i) the storage or accumulation of any damaged, dismantled, dilapidated or derelict vehicle or motor vehicle, whether registered or insured or not, on any residential or commercial site, except vehicles that are stored in an approved accessory or temporary building; j) the failure to maintain an accessory building, structure or fence such that it deteriorates, becomes unsightly or becomes a safety hazard; k) the failure to fence or secure an excavation, culvert, ditch or other depression so that it does not become a danger to public safety; l) the posting or exhibiting of posters, signs, billboards, placards, writings or pictures upon any fence or wall on any property, where the same are dilapidated and in an unsightly condition; m) the burning of anything other than dry, untreated, clean wood in a residential wood fireplace or an approved fire pit. 8.2 No person being an owner, agent of the owner, lessee or occupier of any property within the Town shall permit such property, or the activities upon such property to be or remain a nuisance, unsightly or a safety hazard. 8.3 Where an owner or occupier anticipates being absent, the owner or occupier must make arrangements to ensure the sidewalks are maintained in accordance with this bylaw. 8.4 Obligation to Maintain Property a) All structures shall be kept in good repair and shall be free from health and fire hazards; b) In the event that an owner or occupant neglects to repair or maintain a damaged or deteriorating fence, the Town may require the owner of the subject premises to repair, rehabilitate or replace their portion of fence through the enforcement of this bylaw. The maintenance and/or replacement of any fence shall be the sole responsibility of the owner; c) The owner, agent, lessee, or occupant of a premise shall prevent stagnant water from remaining on any such Premises and becoming a breeding place for mosquitos and other pests; Page 7 of 16 Community Standards Bylaw 2019-650 Page 53 of 180 d) Any fence that has been constructed by a subdivision developer to the Town’s satisfaction shall become the property of the owner of the lot or lots upon which it is situated, and maintenance shall be the responsibility of the registered owner. Any maintenance or repairs shall be done to meet its original design. 8.5 Permit nuisance, danger or risk to health and safety: a) No owner or occupant of a premise shall permit any excavation, depression, drain, ditch, watercourse, pond, surface water, refuse or other matter of thing upon private land, street, road, or in or about any building to be or to remain a Nuisance or danger to public health or safety. 8.6 Improper drainage of eaves troughs and downspouts: a) an owner or occupant of a premises shall direct any rainwater downspout or eaves trough on the premises towards the front or rear of the premises or a side yard which does not abut another premise unless it is pre-existing, otherwise authorized or would be considered unreasonable to impractical to change. b) no owner or occupant of a premise shall allow a flow of water from a hose or similar device, rain water, downspout or eaves trough to be directed over a public sidewalk so as to be a hazard to any person. 8.7 Failure to repair or maintain boulevard and sidewalks: An owner or occupant of a premises shall maintain any boulevard or sidewalk adjacent to the premises or property by: a) Keeping the grass on the boulevard cut to a length of no more than 8 cm in height. b) removing any accumulation of fallen leaves or other refuse or debris; and c) keeping the sidewalk weed free and free of pebbles, dirt etc. 8.8 Subject to obtaining written permission from the Municipality, any owner who chooses to utilize any landscaping material other than natural grass (e.g. Crushed rock, mulch, artificial turf, hard- surfacing, plantings etc.) on the boulevard or any other publicly owned premises or property adjacent to their premises or property, assumes responsibility for all maintenance of such landscaping material and the repair of damage to such landscaping material, regardless of cause. 8.9 Notwithstanding the above, if the Municipality is responsible for the damage due to the repair of public utilities, the Municipality will only cover the cost to repair the damage with natural grass. 8.10 Any person who contravenes any part of Section Eight is guilty of an offence. SECTION NINE – REPAIR OF MOTOR VEHICLES 9.1 No person may conduct any repair work on motor vehicles, including mechanical repairs, auto body work, frame repair, collision repair, auto painting, auto detailing or modifications to the body or rebuilding of a motor vehicle, on any site in a residential district; Page 8 of 16 Community Standards Bylaw 2019-650 Page 54 of 180 a) This prohibition shall not apply to routine maintenance work, such as oil changes, done on any vehicles owned, operated and registered in the name of the owner or occupant of premises, provided that: i. The work is done in a garage that is capable of having the doors and windows closed; ii. The activity does not create a nuisance or noise complaints from neighborhood; iii. There is no escape of offensive, annoying or noxious odours, fumes or smoke from the site; iv. Vehicle fluids, oil, gasoline products or other hazardous materials are properly stored and disposed of and not swept or washed into lanes, streets or down storm sewers; v. All discarded vehicle parts and materials are properly stored and disposed of from the site; 9.2 No power washing of motor or power train is performed on the site. SECTION TEN – NUISANCE AND UNSIGHTLY PROPERTY ENFORCEMENT 10.1 A Designated Officer may, after giving reasonable notice to the owner or occupier of the property, enter upon the said property and carry out an inspection; 10.2 Upon completion of the inspection, the Designated Officer may direct the owner or occupant of the property to: a) cease the activity which causes the nuisance or unsightly property; b) change the way in which such person is carrying out any activity; c) direct any person to take any action or measure necessary to compel the elimination or abatement of the nuisance or unsightly property, including, but not limited to: i. The removal of any thing or matter from the property, which constitutes the nuisance or unsightliness; ii. The construction or installation of a garbage bin or enclosure, or the repair of an existing garbage enclosure; iii. Enter into a cleanliness agreement in a form to the satisfaction of the Designated Officer. d) specify the time within which such person must comply with the directions contained in the notice; and e) notify the owner or occupant that, if compliance with the notice is not affected within a specified time, the municipality will take the actions or measures specified in the notice to abate the nuisance or unsightly property, at the expense of the owner or occupier; f) offer the owner or occupant of the property an opportunity to enter into any other voluntary agreement with the Town to keep the premises clean, tidy and free of nuisances. 10.3 Any person who refuses to allow an inspection if the premises under Section 10(1) is guilty of an offence. 10.4 Any person who fails to comply with a direction made under Section 10(2) is guilty of an offence. 10.5 No person shall cause or permit or undertake any activity upon any Town property, which is a nuisance. Page 9 of 16 Community Standards Bylaw 2019-650 Page 55 of 180 10.6 Fireworks a) No person shall have in his/her possession, sell, offer for sale, give away or otherwise distribute, discharge, fire or set off any fireworks in the Town of Daysland. b) The Fire Chief or his designate may issue, for the purpose of special events or display a permit for the storage, handling and setting off fireworks to the holder of a Firework Supervisor Card issued pursuant to the Explosives Act, R.S.C. 1985, c. E-17 and its regulations. SECTION ELEVEN – GRAFFITI 11.1 No person shall place graffiti or cause it to be placed on any property. 11.2 Every property owner shall ensure that graffiti placed on their premises is removed, painted over, or otherwise permanently blocked from public view within a reasonable time. 11.3 A property owner who breaches the provisions of Section 11(2) and who has failed to comply with an Order issued under Section 545 of the Municipal Government Act, R.S.A. 2000 c. M-26, is guilty of an offence. 11.4 In prosecuting an offence under this Part, the consent of the property owner of any premises to place graffiti thereon shall not be a defence under this Bylaw. SECTION TWELVE - LITTERING 12.1 No person shall place, deposit or throw or cause to be placed, deposited or thrown upon any Town property, including any street, lane, sidewalk, parking lot, park, public transportation vehicle, public transportation shelter, or other public place or water course: a) a cardboard or wooden box, carton, container, or receptacle of any kind; b) a paper, wrapper, envelope or covering of any kind, whether paper or not, from food or confectionery; c) paper of any kind, whether or not containing written or printed matter thereon; d) any human, animal or vegetable matter or waste; e) any glass, crockery, nails, tacks, barbed-wire or other breakable or sharp objects; f) scrap metal, scrap lumber, tires, dismantled, wrecked or dilapidated motor vehicles or parts there from; g) any motor vehicle or any part of any motor vehicle which may, in whole or in part, obstruct any highway, street, lane, alley or other public place; h) dirt, filth or rubbish of any kind whether similar or dissimilar to the foregoing. 12.2 A person who has placed, deposited or thrown, or caused to be placed or thrown anything or any matter mentioned in Section 12(1) upon any street, lane, sidewalk, parking place , park, public transportation vehicle, public transportation shelter or other public transportation facility or other public place or water course shall forthwith remove it. Page 10 of 16 Community Standards Bylaw 2019-650 Page 56 of 180 Authority to Remove 12.3 The Chief Administrative Officer may authorize any town employee, or other person, to remove and put in storage or destroy anything placed upon Town property in contravention of this Bylaw. SECTION THIRTEEN – OBSTRUCTION OF A PEACE OFFICER 13.1 No person shall obstruct, interfere with or hinder any Peace Office in the carrying out of their duties and responsibilities under this Bylaw. SECTION FOURTEEN – SNOW REMOVAL 14.1 All persons owning a property or occupying premises in the Town shall remove and clear away all snow, ice, dirt and other obstructions from the sidewalk situated on land adjoining the property owned or occupied by them within forty-eight (48) hours of the time that such snow, ice, dirt or obstruction was deposited thereon. 14.2 The Town may, after the expiration of forty-eight hours, remove and clean away all snow, dirt and other obstructions required to be removed by Section 11(1) and charge the expenses to the owner or occupant. If the cost of such work against the owner(s) or person in default is not paid within sixty (60) days, such expenses shall be charged against the property as a special assessment to be recovered in another manner such as other taxes pursuant to the provisions of the Municipal Government Act, R.S.A. 2000 c. M-26. 14.3 An occupant, or owner(s) of a building within three (3.0) meters of a highway, shall remove snow or ice whenever it accumulates on the roof or eaves, or downspouts of the building to eliminate a potential danger to vehicles or pedestrians. While removing the snow or ice hazard, an occupant or owner(s) shall take due care and attention for the safety of vehicles or pedestrians passing. 14.4 No person shall place, or cause to be placed, upon any highway any snow, ice, dirt or other obstruction. SECTION FIFTEEN– DUMP STATION 15.1 No person shall interfere, tamper, bypass, break, obstruct or render inoperative the disposal port for the dump station drain, unit or mechanism; 15.2 No person shall permit the dumping of items harmful to the wastewater treatment process such as toxic chemicals, fats/oils and greases, non-flushable wipes or other debris not considered human waste; 15.3 No person shall leave the dump station unclean, whether inadvertently or otherwise; 15.4 No person shall use the dump station hose to fill water tanks, jugs, containers or use the hose for any reason other than to clean any mess caused at dump station. Page 11 of 16 Community Standards Bylaw 2019-650 Page 57 of 180 SECTION SIXTEEN – VIOLATION TAGS 16.1 An Enforcement Officer may, for the purposes of ensuring that this bylaw is complied with, enter in or upon the property in accordance with section 542 of the MGA to carry out an inspection, enforcement or other action required or authorized by this bylaw. 16.2 If an Enforcement Officer determines that a nuisance exists, or that the inspected property has become unsightly or untidy, or that a danger to the public safety exists the Enforcement Officer may direct the owner or occupant of the property upon which a nuisance or unsightly or untidy condition exists as follows: (a) Issue a verbal or written warning to remedy the problem, (b) Issue a violation tag specifying a voluntary penalty to be paid, (c) Issue a violation ticket specifying a voluntary penalty to be paid, (d) Issue a violation ticket directing that the owner or occupant appear before a Provincial Court Judge, (e) Issue an order under section 545 or 546 of the MGA to remedy the nuisance or unsightly condition. (f) Any combination of the above. 16.3 Each order (a) Shall describe the premises by name, if any, and the municipal address or legal land description. (b) Shall state the contravention pursuant to the provisions of this bylaw. (c) Shall give reasonable particulars of the extent of the remedy, clean up, removal, clearing or other actions required to be made. (d) Shall state the time within which the required actions are to be completed. (e) Shall state that if the required actions are not completed within the time specified, the Town may undertake to carry out the actions pursuant to the MGA and charge the cost thereof against the person to whom the order is directed, and if said person does not pay the costs, the costs shall be charged against the premises concerned as taxes due and owing in respect of that property, and recovered as such. (f) Shall state that a person receiving a written Order may request that Council review the Order. (g) Shall state that a request for Council to review the Order must be written, including the reasons for requesting a review, dated, and signed by the appellant and delivered to the Page 12 of 16 Community Standards Bylaw 2019-650 Page 58 of 180 Town Administrator within fourteen (14) days after the Order was issued pursuant to section 546 of the MGA is received by the person. 16.4 Within thirty (30) days of receiving a request, Council will review the Order and may vary, revoke, or uphold the Order and the time stipulated by the Order to remedy the nuisance or unsightly condition. 16.5 A copy of the Order shall be served on any owners or occupants of the premises (a) By being delivered personally to the person who is intended to be served, or (b) By being left with a person apparently over the age of eighteen (18) and residing with the owners or occupants of the premises, or (c) By being mailed to the person who is to be served using Registered Mail to the last known postal address of the person to be served, and service shall be deemed to be affected fifteen (15) clear days after the date the registered letter was received at the post office to which it was directed, or (d) As directed by the Court. 16.6 The Enforcement Officer may, at his discretion, extend the time for doing anything directed in the Order considering the circumstances involved. 16.7 If the person to whom the order is directed does not satisfactorily comply with the directions of the Order as specified by an Enforcement Officer or, in the event of a review, as specified by Council: (a) An Enforcement Offer may enter into a process to enforce the terms of an Order in accordance with provisions pursuant to the MGA. (b) The expenses incurred to process and execute an Order constitute a debt owed to the Town from the person to whom the Order is directed. (c) The Town Administrator shall send a demand for payment of these expenses by regular mail to the person to whom the Order was directed. (d) If the person to whom the Order was directed fails to pay, the expenses incurred by the Town will become an amount owing to the Town and may be added to the tax roll pursuant to the MGA. 16.8 Where the Town carries out an Order, the workers shall deposit any materials, vehicles, buildings, erection or structures at a location as designated by an Enforcement Officer and said property shall be disposed of in a manner determined by an Enforcement Officer. 16.9 Any moneys collected from the disposition of materials, vehicles, buildings, erections or structures may be applied against the costs incurred by the Town to execute the Order. Page 13 of 16 Community Standards Bylaw 2019-650 Page 59 of 180 SECTION SEVENTEEN – PENALTIES 17.1 Any person who contravenes any provision of this Bylaw is guilty of an offence and shall be liable to payment of the penalty: a) specified in Schedule “A” hereto; or b) for any offence for which there is no penalty specified, to a penalty of not less than $150.00 and not more than $10,000.00. 17.2 If a violation ticket is issued in respect of an offence, the violation ticket may: a) specify the fine amount established by this Bylaw for the offence; or b) summons a person to appear in Court without the alternative of making a voluntary payment. SECTION EIGHTEEN – SEVERABILITY AND TRANSITION 18.1 The invalidity of any provision of this Bylaw shall not affect the validity of the remainder. 18.1 Upon passing of Bylaw 2019-650, Unsightly Bylaw 2007-467 is hereby repealed. This Bylaw shall come into force and effect upon final passing. Read a first time this ______day of ______, 2019 Read a second time this ______day of _____, 2019 Read a third time this _____ day of _____, 2019 ______Mayor ______Chief Administrative Officer Schedule A Community Standards Bylaw Fines Page 14 of 16 Community Standards Bylaw 2019-650 Page 60 of 180 Particulars Section Penalty Control weeds and unmaintained vegetation on premises or 4.1 – 4.6 $250.00 property Second offence within 1 year $500.00 Third and subsequent offences within 1 year $750.00 Cause noise 5.1 – 5.5 $250.00 Second offence within 1 year $500.00 Third and subsequent offences within 1 year $750.00 Permit noise from property 5.4 $250.00 Second offence within 1 year $500.00 Third and subsequent offences within 1 year $750.00 Activate or apply engine retarder brakes 5.5 $250.00 Industrial or construction noise 6.1 – 6.2 $150.00 Second offence within 1 year $300.00 Third and subsequent offences within 1 year $600.00 Permit a nuisance on private property or Permit unsightly 8.1 – 8.10 $250.00 property Second offense within 1 year $500.00 Third and subsequent offences within 1 year $1,000.00 Automobile repairs in residential area 9.1 – 9.2 $250.00 Second offense within 1 year $500.00 Third and subsequent offences within 1 year $1,000.00 Refuse to allow an inspection 10.1 – 10.5 COURT Failure to comply with an order 10.2 $500.00 Second offence within one year $750.00 Third and subsequent offences within 1 year $1,000.00 Nuisance upon Town property 10.5 $500.00 Discharging fireworks without a permit 10.6 $500.00 Place graffiti on property 11.1 – 11.4 $500.00 Second offence within 1 year $1,000.00 Third and subsequent offences within 1 year $2,500.00 Page 15 of 16 Community Standards Bylaw 2019-650 Page 61 of 180 Failure to comply with graffiti order 11.3 $150.00 $150.00 per each day that breach continues Litter on Town property 12.1 $150.00 Second offence within 1 year $250.00 Third and subsequent offences within one year Failure to remove litter on Town property 12.2 $150.00 Second offence within 1 year $250.00 Third and subsequent offences within 1 year $500.00 Obstruct a Peace Officer 13.1 First offence $250.00 Second offence $500.00 Failure to Remove Snow 14.1 – 14.4 $250.00 Second offence $500.00 RV Dump Station 15.1 – 15.4 Dump station offences $500.00 Page 16 of 16 Community Standards Bylaw 2019-650 Page 62 of 180 CAO Meeting Notes – October 7, 2019 at 10:00 a.m. Held at Forestburg Battle River Innovation Centre Attendance Sandy Otto Town of Hardisty Debra Moffatt Village of Forestburg Carmen Frank Village of Alliance Rod Krips Town of Daysland Brent Hoyland Flagstaff County Karen O’Connor Village of Lougheed Kim Borgel Town of Killam Heidi Rohe Village of Heisler Jim Fedyk Town of Sedgewick Presenters/Consultants Shane Posposil New West Opportunities Nolan Crouse New West Opportunities Bob Coutts Chair, FIP Absent 1. Approval of Agenda – 2. Meeting Notes – 3. a) Regional Governance Project – review of Final Draft Detailed Operation and Transition Plan with Shane Posposil and Nolan Crouse of New West Opportunities New West Opportunities reviewed the following: Approach to modelling and methodology for plan development Path Forward Best Practices Amalgamation Checklist Cover letter for Councils Format of the meeting on November 4, 2019 S. Posposil and N. Crouse stated that they would be available to meet with individual CAOs and/or Councils before the November 4 regional forum if requested. They would like feedback/comments on the Draft Plan by October 16, 2019 The Provincial budget will be tabled on October 24, 2019 which may result in some modifications required for the final report. The format of the November 4, 2019 regional forum was discussed: Brief presentation by D. Kroetch on the Regional Fire Society Page 63 of 180 Review of the Final Detailed Operation and Transition Plan by New West Opportunities, including any addendums that would need to be noted due to the provincial budget. N. Crouse felt it was important to ensure that MLA Jackie Lovely received a copy of the report, as well as sending copies to AUMA and RMA A discussion was held on how the report should be presented to the public after the November 4 regional forum and it was determined that each individual Council would need to determine how to move forward with any public engagement S. Posposil, N. Crouse and B. Coutts left the meeting at 12:52 p.m. b) Future Management of FIP The recommendation from the last FIP meeting in regards to the future of FIP is to be circulated to each Council requesting ratification of the recommendation of the FIP Committee: MOVED BY Member P. Robinson that in the absence of solutions to finding a managing partner to recommend to individual councils to: Eliminate the FIP Committee and split FIP responsibilities amongst municipalities; CAOs will be responsible for reporting to the CAO group and providing information for Council updates on the status of the project. Potential splits could include: Assessment Review Board and Subdivision and Development Appeal Board Regional Public Works Group Regional CAO Group Individual Projects; Create an informal structure that would encompass four (4) meetings per year with elected officials to discuss relevant issues and bring direction back to their CAOs. It was decided to table any further discussion until responses were received from each municipality. c) Asset Management System – MuniSight Justin and Joel ran through a demonstration of MuniSight and fielded questions from the participants. Flagstaff County stated that they would provide ortho-photos at no cost to others signing onto MuniSight. B. Hoyland reported that new photos are taken every three years. Questions were raised about how to load data and the group was informed that MPE and Select Engineering had access to the MuniSight records and update on behalf of their clients. MuniSight updates data every 3 weeks. Questions were raised about how to load data into the map: o General service hours are provided for onboarding data o Onboarding should be complete in about 30 days o They will provide 2-3 hours of training Page 64 of 180 o Cemetery information can be loaded directly from Muniware if a map is able to be digitized. Data storage is in Montreal and owned by each municipality, software is developed in B.C. There are unlimited users for each municipality The initial purchase qualifies for this year’s FGTF top-up funding Contract and cost would be locked in for 5 years. Justin and Joel left at 1:56 p.m. d) Windup of FIP operations It was decided to hold off on this issue until responses are received from municipalities regarding the recommendation to dissolve the FIP Committee. e) FRSWMA Curbside Pickup Discussion was held on the potential impact of FRSWMA changing the way it currently handles curbside pickup. The group will invite Murray Hampshire to attend the next meeting to discuss the proposal and potential financial and infrastructure impact. Brief discussions were held about police funding, Parkland Regional Library Board funding and fire funding. Town of Killam report that they have entered into preliminary discussions with Viking, Holden, Daysland, Killam, Sedgewick and Ryley regarding hiring a Peace Officer II to act as a bylaw enforcement officer. Forestburg indicated they would be interested in participating depending on the cost. 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