ADDITIONS TO THE COUNCIL AGENDA January 20, 2021
ITEM REQUESTED PAGE *1. Request to Cancel Late Penalties - Tax Roll 2102255120 LF 2 *2. Proposed Change to Landfill Organizational Chart HRC 5 *3. Snow Clearing Complaint/Concerns – 154th Ave. West DM 8 *4. Bylaw 66/2020 – Temporary Road Bylaw HRC 10 *5. Grassy Mountain Coal Mine Project – Letter to Government of Alberta DM 12 *6. Capital Equipment Purchase – Kubota Grass Mower JP 16 *7. Capital Equipment Purchase – Field Tractor/Grid Packer MG 18 *8. Foothills County – Kananaskis Improvement District Intermunicipal RP 21 Collaboration Framework *9. Foothills County – Turner Valley – Black Diamond Intermunicipal RP 25 Collaboration Framework - Time Extension *10. SW 26-22-04 W5M – Request to Keep Gate Locked to June 15, 2021 JP 26 *11. NE 08-21-29 W4M – Bylaw 63/2020 (2nd/3rd Reading) LC 33 12. Appointment of Foothills County-Okotoks IMC Co-Chair RP/RDM 13. CONFIDENTIAL Closed Meeting of Council – Personnel – FOIP s. 17 RP
REMINDERS Foothills County – Okotoks Intermunicipal Committee Meeting Tuesday, January 26, 2021 – 1:00 pm
AGENDA ITEM FOR COUNCIL MEETING: 12-Jan-21
ITEM TITLE: Request to Cancel Late Payment Penalties
SECTION/CATEGORY COUNCIL MEETING ITEM NO. (Please indicate one)
1 Land Date: January 20, 2021
2 Legal Authorization Signatures
3 Labour 1. Author/Title: Sheryl Pinto, Tax Roll Clerk
4 Miscellaneous X 2. Supervisor/Title: Leslie Fitzgerald, Assessment & Tax Coordinator
INTRODUCTION:
The landowner is requesting that late payment penalty of $380.68 be cancelled for Tax Roll 2102255120.
OVERVIEW:
The landowner is requesting a review of the penalty as he was expecting an assessment reduction to be completed. Please also find attached a timeline from the County Assessor (Michael Brennan) for this ratepayer regarding the property in question.
Please be advised that statutory requirements were met and there was no staff error.
ATTACHMENT(S): 1.
Page 2 From: To: Foothills County Property Tax Department Subject: Tax charges/ County Council penalty relief Date: January 8, 2021 10:28:51 AM
To whom it may concern I am writing to have my penalty charges removed as I received a notice that my taxes increased on November 2 2020 ( not a tax assessment )
I am under renovation and have had no inspections done to this date and was unclear how the assessment was increased so I reached out by phone to Michael Brennan who informed me that it was arbatrarily increased even though no attempt was made to view the property or that he wasn’t allowed to due to Covid . He advised me that he should be allowed to come out sometime in the new year .
I asked him to remove the assessment until he could come and send me a new 2020 combined assessment and tax notice , so that I could pay it . I never received any official paperwork to this effect and sadly was unable to arrange payment before the !st , I personally came into the municipal building on January 6th to get the updated assessment turns out it wasn’t updated . I will be looking to get the discrepancy resolved this year but am asking the county council to remove the penalty charges due to the misunderstanding and apparent Covid restrictions allowing the proper assessment of my property . I apoligize on my behalf for not remiting my taxes on the first as I thought the assessment would be re issued and I misunderstood that I wouldn’t be charged for penalties . Sincerely
Tax roll #210225512T
Page 3 From: Michael Brennan To: Sheryl Pinto Subject: Date: January 11, 2021 10:55:20 AM
Hello Sheryl, this is my response to .
Roll # 2102255120 The following is a summary of events that took place on account.
There was a permit (18B6322) that concluded that there was a shop added to the property and changes made to the residence in 2018.
In 2019 the residence remained at 80% complete. The lower level was at 0% instead of 80%. The shop was changed from farmland to residential and remained at 80%.
In a January/2020 I had a phone call that confirmed the status of assessment for 2019. In November/2020 I had another call that confirmed the status of assessment for 2020 I was unable to inspect. No agreement was made to reduce the assessment and issue an amended notice.
Michael Brennan Assessor Assessment Department
Page 4 Foothills County
Director of Public Works Harry Riva Cambrin
Deputy Director of Infrastructure Manager Utilities Manager Landfill Manager Foothills Operations, Public Works Jeff Edgington (Contract) Joe Angevine Mike Gallant Regional Doug Haase Services Commission
Supervisor of Support Lead Hands Services, Public Works Bridge Inspector Utility Foreman Tom Carney Brian Williams Louise Armstrong Bruce Holmes Phil Robinson (East) Foreman (4) Brian Anderson - Construction/ Dennis Leis (West) Drainage Development/Road - Maintenance Refer to Detail H Heavy/Light Equipment - Surfacing Technologist I Operators - Gravel Roads Wiaan Kruger Utility Lead Hand Jonathan Shandro (East) Rick Irnie Mike Papuc (West) Kevin Walsh Development/Road Jacob Bettcher (Priddis) Jim Brown Refer to Detail G Technologist II Chris Lehner Parth Mehta Utility Operators Scale Operator Municipal Lands Brian Chipchase (East) Kaitlyn Doyle Administrator Greg Dowling (East) Tasha Stiles Donna Fowler Cory Lyons (West) Kelly Frey (West) Mechanic Bill Woytiuk (Priddis) Seasonal Admin. Assistant General Maintenance Dave Lemon Public Works Martin Scott Lisa Nishikawa Joe Voorwinden-Salvage & Recycling Matthew Smith - Recycling
Hydro-Vac Dump Site Attendant Detail F Vacant
Page 1 Page 5 January 6, 2021
Job Description Hydro-vac Dump Site Attendant
Job Title: Hydro-vac Dump Site Attendant Department: Foothills Regional Landfill & Resource Recovery Centre Reports to: Landfill Manager Location: Regional Landfill Site
General Accountability: Coordinate the operation of the hydro-vac dump site at the Foothills Regional Landfill under general direction from the Landfill Manager. Perform, expedite, and coordinate hydro-vac dump site daily operations, maintenance work, and administrative duties. Pre- test hydro-vac loads for acceptance and manage separated solids and liquids as they accumulate. Exercise independent judgment in interpreting and applying operating rules and relevant governmental regulations.
Specific Duties and Responsibilities: - Coordinate and perform all hydro-vac dumping operations. - Perform soil and water sampling for verification that materials meet acceptable criteria. - Process, track, and manage soil and water from acceptance to reuse, or disposal. - Working with the Landfill Manager to improve operations and safety of the hydro-vac dump site. - Maintain equipment that is utilized at the hydro-vac dump site operations. - Order stock and coordinate the restocking of sampling inventory supplies, parts, tools, and equipment required for hydro-vac dump site operations. - Maintain sampling files for annual reporting. - May direct and/or lead the work of landfill staff and contractors working on site. - Perform other duties as assigned.
Minimum Qualifications: • Grade 12 or GED equivalent. • Valid Class 5 Driver’s Licence – a Class 3 Driver’s Licence would be considered an asset. • Experience operating an excavator and rock truck. • Knowledgeable in the safe operation and maintenance of mini-excavator, rock truck, and hydro-vac trucks. • Demonstrate an ability to learn proper sampling procedures for soil and water • Good interpersonal and problem-solving skills with the ability to demonstrate initiative, build positive relationships and strong partnerships with team members and customer. • Be familiar with environmental standards and how to ensure materials accepted on site meet acceptance criteria.
Page 6
Communication Skills: • The ability to communicate effectively with customers, contractors and fellow co- workers. Physical Demands: • Must be physically fit and able to lift 25 kg repetitively throughout the day. • Requires standing for long periods of time and walking for most of the day.
Page 7 From: Max Travers Sent: January 12, 2021 10:43 PM To: Delilah Miller Subject: Snow clearing
Hello Delilah, Here is my snow removal complaint and observational history. We never had an issue with snow removal when my Kids attended C Ian McLaren in Black Diamond. The main highway, 22, was alway plowed before the busses were on route by Volker Stevin and the pick up point was the end of Gibson street so we were never that reliant on the MD’s snow clearing service. Sometimes Gibson street was snowed in, but it is short enough that residents just clearing their own driveways in Naphtha, more or less cleared the street and made it navigable. The md was usually around not too long after snowfalls to do a pass on the street.
I have moved my kids to Red Deer Lake and now reside on 154 ave west. 240 st and 154ave is a bus route, our house is the last pickup point for the Red Deer lake school, the school bus for the Tsu'tina Reserve uses this road, and now the Okotoks high school bus is using this road.
On any significant snow fall event since I have been living on 154 ave, I have yet to see the MD have the road cleared by the time the buses are scheduled to be on the road. My kids have missed a significant amount of school because of cancelled bus routes, or the bus driver refusing to travel on 240 st when the driver sees the state of the road.
The school last year indicated they have had many communications with the MD about the snow clearing, but I was then told they were fed up with the MD and it was up to parents to start calling.
I leave for work around 6:30 am, usually by the time the school bus service is cancelled for my kids, I am already at work and I can’t come home to drive them to school.
I understand why the bus doesn’t want to come down the road, my work truck has good tires and also I carry tire chains and at times the road has been impassible for me. I am responsible for the operation of a large industrial plant that has ammonia refrigeration in it, if work calls, I need to go , no matter what. That job also pays my mortgage and my two sets of MD taxes.
More times than I can remember, the road has been left to be unplowed single track. If you meet another vehicle that is oncoming, one of the vehicles has to backup to the nearest private driveway so the other can pass, which becomes really difficult on hills. I am not confident that the road is usable by emergency services after any kind of real snow accumulation. We have used the ambulance service once this year for my daughter, as did another neighbour the other week.
I just went through Covid myself, and it went through my mind what the doctor said, if at any time I was short of breath or my lips turned blue, call the ambulance immediately. That wouldn’t have turned out so well if I had required the ambulance within a snowfall. If the ambulance gets stuck due to the condition of the roads, and somebody dies, who’s liable for that?
This last snow fall was significant, it started snowing on the Monday about 2pm in the area, I was on 240
Page 8 St at 6pm that evening and the snow was already getting deep, indicating the snowfall was going to be heavy. It would be over 48 hours after the snow started for the MD to make any kind of appearance on 240st-154ave.
A few km’s away Priddis Valley road was done pronto, as were other nearby roads, verified by people I know on those routes. A grader cleared 240st-154 Ave on the Wednesday evening at 5 pm, then the next morning, the MD is back doing pointless “air plowing” to put in an appearance I suppose to pacify the neighbourhood and myself after I had to complain yet again.
I have sent some emails to the councillor for this area, Suzanne Oel, and have had replies, but I have yet to have any real answer to what the problem is for the MD to service the roads here in a timely matter. In the last email, I requested to be heard in council, and asked that I would like to see the route plan and how this is being administered. That was on Dec 24th and have received no reply to my request to this point. This year is turning out to be just the like last year, where I have to write emails to get snow removal action. Last year when I had phoned in, the MD claimed the road had been plowed, when it had not been touched at all, that is not helping.
Some of the residents have resorted to clearing long portions of it themselves after a snowfall, to get their mail, and in case some of the elderly neighbours have some medical issues.
I guess if the MD has no intention of ever meeting the school busses schedule, they should just openly admit it so we can adjust our own schedules accordingly to get our kids to school or the neighbourhood can start looking for another means of clearing these roads. Even in the absence of the school busses because of covid and at home learning, there should still be a schedule in place for snow removal, and that routine, if it actually exists and is planned, should, being the plan, be adhered to. As far as I can tell, the plowing schedule appears to be aimless and indiscriminate in application. I understand that the snow isn’t uniform across the MD and snow varies, but each sector surely has some kind of plan in place for timing and priority. Also I’m not at all expecting to see equipment on the road, and especially not my road at the first flake to drop of a snow storm, however after 6” accumulation, somewhere in the window prior the school bus running, I think even a single grader pass would get the road open enough and is not a lot to ask or expect. The driveway and entrance detailing by the MD is not necessary, we all seem to do it ourselves well before the MD shows up anyway. If no grader pass after 6”, then the snow is deeper and more to plow after that, slowing the equipment down. If the Grader goes once down to the reserve and back with the blade down, that is pretty much the full width or more of the roads here, so one pass would make the neighbourhood content.
On the next big snow fall, perhaps the council as a whole should tour the bus routes and main roads during the plowing period to see what’s really getting done and what’s not getting done within a reasonable time period. Feel free to even take a 1 ton 4x4 truck, you’ll most likely need it.
Max
Page 9 BYLAW 66/2020
BEING A BYLAW OF FOOTHILLS COUNTY TO OPEN A TEMPORARY ROAD ON PRIVATE LANDS UNDER THE DIRECTION, CONTROL AND MANAGEMENT OF FOOTHILLS COUNTY
WHEREAS this Bylaw may be cited as the “Foothills County NE 35-22-05 W5M Road Project Temporary Road Bylaw.”
WHEREAS pursuant to Section 26 of the Municipal Government Act, Revised Statutes of Alberta 2000, and amendments thereto, a Council may pass a bylaw to open a temporary road or a temporary right of way on private lands; and
WHEREAS there is an existing gravel roadway on the private lands described below which is used by members of the public for access to their lands; and
WHEREAS Foothills County deems it to be in the public interest to open a temporary road on private lands to ensure that the roadway may be used by the public until a permanent road may be opened;
NOW THEREFORE the Council of Foothills County, duly assembled, hereby enacts as follows:
1. A temporary road shall be opened upon and across those private lands legally described as:
MERIDIAN 5 RANGE 5 TOWNSHIP 22 SECTION 35 QUARTER NORTH EAST EXCEPTING THEREOUT ALL MINES AND MINERALS AREA: 61.37 HECTARES (151.66 ACRES) MORE OR LESS
(hereinafter referred to as the “Private Lands”)
Such temporary road shall be approximately 10 meter wide and shall be located on and across the westerly portions of the Private Lands all as shown outlined in red in the Attached Schedule “A”.
2. Foothills County shall maintain the temporary road as is necessary from the effective date of this Bylaw.
3. The owner or occupant of the Private Lands may be entitled to compensation from Foothills County for the use of the temporary road or for loss or damage caused by the temporary road in such amount as may be agreed upon or as determined by the Land Compensation Board.
4. The temporary road shall be open until July 6, 2021, which is a period of six (6) months from the effective date of this Bylaw.
5. This Bylaw shall have effect on the date of its third reading and upon being signed.
First Reading: December 16, 2020
REEVE
CAO
Page 10 Second Reading:
REEVE
CAO
Third Reading:
REEVE
CAO
PASSED IN OPEN COUNCIL assembled at the Town of High River in the Province of Alberta this day , 20 .
Page 11 Page 12 Page 13 Page 14 Page 15 COUNCIL ADMINISTRATIVE REPORT Department: Agricultural Services
TITLE: Capital Equipment Purchase 2021
Author: Jeff Porter ______
Presenter: Jeff Porter, Manager of Agricultural DATE: January 20, 2021 Services and Parks and Recreation ______
ATTACHMENTS: 1. Tractorland (Kubota Dealer)
PURPOSE:
For Council to review and authorize administration to proceed with the purchase of one Kubota SE2200P 3pt Hitch Heavy Duty hammer grass mower.
BACKGROUND:
Agricultural Services utilizes the Kubota SE2200P mower in our roadside mowing program. The Kubota SE2200P is a heavy-duty specialized mower that articulates both downward and vertically to match the contour of the ditch during mowing operations. We have been using this mower for the past 6 years in our roadside mowing program.
FINANCIAL IMPLICATION:
ITEM 2021 Capital 1 Budgeted Amount • 1 – Kubota SE2200P $22000.00 $15095.73 + Taxes 3pt Hitch Heavy Duty hammer grass mower.
RECOMMENDATION:
Administrations recommendation to Council is to approve the Tractorland quote. Due to this equipment being specialized for this application which limits us as to our supplier options and quote availability.
Suggested Motion:
To authorize administration to proceed with the purchase of one SE2200P mower from High River Tractorland for the sum of $15095.73 due to this being the sole supplier in the Calgary and Foothills County area for PageKubota. 16 Page 16 Tractorland Kubota
Agriculture, Construction, Lawn & Turf, OEM Engines and Generators Calgary - 587.619.6000 High River 403.652.5540 www.tractorland.ca
Quote # 1086668 Reference: SE2200P Chopper Expires: 01/07/2021 Prepared for: Md Of Foothills By: Troy Fiander
Equipment 1 New Kubota *SE2200P Chopper SE2200 Plus 2.0m with hammer blades $14,376.88 Qty Item Class Description Serial #
1 *SE2200P Chopper SE2200 Plus 2.0m with hammer blades
Notes:
Quote Summary Notes: Equipment Total $14,376.88 Administration Fees $0.00 Other Taxable $0.00 Plus Purchasable Warranty $0.00 SellingMSRP Price $14,376.88
Less Trades $0.00 Total After Trades $14,376.88 GST/HST $718.84 PST/QST $0.00 Non Taxable Environmental Charges $0.00 Other Non-Taxable $0.00 ALL TRADES ARE SUBJECT TO MECHANICAL INSPECTION. Total $15,095.73 Liens outstanding on trade-in $0.00 Cash Down Payment $0.00 Total After Cash Down Payment $15,095.73
To accept, please sign here and return to dealer Page 17 Page 1 of 1 on 1/8/2021 4:28:36 PM Page 18 Page 19 Page 20 Intermunicipal Collaboration Framework
Between
Kananaskis Improvement District (the “ID”)
and
Foothills County (the “County”)
(each a “Municipality, and collectively the “Municipalities”)
WHEREAS the ID and the County share a common boundary;
WHEREAS the ID and the County have reviewed their common interests and wish to work together when appropriate to provide services to their residents; and
WHEREAS the Municipal Government Act stipulates that municipalities that have a common boundary must create an intermunicipal collaboration framework with each other that describes the services to be provided that benefit residents in more than one of the municipalities that are parties to the framework.
NOW THEREFORE, by mutual covenant of the Municipalities it is agreed as follows:
A. DEFINITIONS
In this Framework:
1. “CAO” means the Chief Administrative Officer or acting CAO of each Municipality.
2. “Effective Date” means the later of the dates on which a bylaw or resolution, as applicable, that contains this Framework has been finally adopted by each Municipality.
3. “Framework” means this intermunicipal collaboration framework.
4. “Municipal Government Act” means the Municipal Government Act, RSA 2000, c M-26, as amended from time to time.
5. "Services” means one or more of the following municipal services: a. transportation; b. water and wastewater; c. solid waste; d. emergency services;
Page 21 e. recreation; and f. any other municipal service as may be identified by a Municipality.
6. “Shared Services” means Services benefitting the residents of each Municipality that the Municipalities have agreed to share.
7. “Shared Services Initiative” means a future project or initiative for Shared Services that may require cost-sharing between the Municipalities.
B. TERM AND REVIEW
1. This Framework shall come into effect on the Effective Date and shall remain in effect unless it is replaced under the terms of this Framework or is no longer required pursuant to s.708.28(1) or s.708.28(5) of the Municipal Government Act.
2. As soon as reasonably possible after a Municipality has finally adopted either a bylaw or resolution that contains this Framework, that Municipality’s CAO shall provide written notice to the other Municipality’s CAO confirming the date of final adoption.
3. The Municipalities shall review the terms and conditions of this Framework by no later than each five year anniversary of the Effective Date.
4. After each five year review is completed, if the Municipalities do not agree that this Framework continues to serve the interests of the Municipalities, the Municipalities will create a new intermunicipal collaboration framework to replace this Framework. The County shall notify the Minister of Municipal Affairs and the ID shall notify the Minister of Environment and Parks of the replacement framework within 90 days of a resolution or bylaw containing the replacement framework being finally adopted by each Municipality.
C. THE PRINCIPLES OF INTERMUNICIPAL COOPERATION
1. The Municipalities are committed to fostering intermunicipal cooperation in a non-adversarial, informal and cost-effective manner.
2. The Municipalities will comply with section 708.4 of the Municipal Government Act in aligning their bylaws and resolutions with this Framework as applicable.
D. MUNICIPAL SERVICES
1. The Municipalities acknowledge and agree that they do not have any Shared Services.
E. FUTURE SHARED SERVICES INITIATIVES
1. The Municipalities acknowledge that each future Shared Services Initiative shall be dealt with on a case by case basis. In the event that either Municipality wishes to propose a new Shared Services Initiative, the initiating Municipality’s CAO will provide a written notice to the other Municipality’s CAO within 90 days that includes:
Page 22 a. a general description of the Shared Services Initiative, b. the estimated costs, and c. the proposed timing of the expenditure.
2. The receiving Municipality will advise if it agrees to or objects to the Shared Services Initiative, and the reasons, within 30 days of receiving the written notice.
3. Both Municipalities recognize that a Municipality’s decision to participate or not to participate in a Shared Services Initiative lies with each respective Municipality.
4. If the Municipalities agree to a Shared Services Initiative, then they shall create a new intermunicipal collaborative framework to replace this Framework. The County shall notify the Minister of Municipal Affairs and the ID shall notify the Minister of Environment and Parks of that replacement framework within 90 days of a resolution or bylaw containing the replacement framework being finally adopted by each Municipality.
F. INTERMUNICIPAL DEVELOPMENT PLAN
1. The Municipalities acknowledge that they are each exempt from creating an intermunicipal development plan by the Minister of Municipal Affairs in accordance with Ministerial Order MSL 047/18.
G. DISPUTE RESOLUTION
1. In the event of any dispute regarding the interpretation, implementation, application of or any contravention or alleged contravention of this Framework, the Municipalities agree to refer the matter for joint discussion by their respective CAOs. If the CAOs cannot negotiate a resolution to the dispute within 30 days of their first joint discussion, the Municipalities agree to participate in mediation with a mutually acceptable mediator.
2. The Municipalities agree that mediation will proceed on the following basis:
a. if the Municipalities cannot agree on a mediator, they will ask the President or Executive Director of the ADR Institute of Alberta to assist in the selection process; b. the Municipalities will share the cost of the mediator equally and bear their own costs incurred with respect to the mediation; and c. no evidence of anything said or of any admission or communication made in the course of the mediation shall be admissible in any legal proceeding, except with the consent of both Municipalities.
3. If the Municipalities are not able to resolve the dispute by mediation within one year after the date of the first joint discussion of the CAOs under Article G.1, pursuant to section 708.34(c) of the Municipal Government Act, the Municipalities agree to resolve the dispute through arbitration as set out in section 708.35 of the Municipal Government Act.
H. NOTICES AND COMMUNICATION
1. Each Municipality’s CAO will communicate with each other in a timely manner any items that might be of significance for this Framework.
Page 23
2. Notices under this Framework shall be provided in writing to the mailing addresses of each respective Municipality and addressed for the attention of the CAO.
3. Notices will be sent either by courier or postal service. Regardless of the method of delivery, any notice is deemed to be received 7 business days after it has been sent. A party will endeavour to send courtesy copies of correspondence by electronic means to the attention of the CAO, but such delivery method will not affect the calculation of days set out above.
I. GENERAL
1. The Municipalities agree that:
a. in this Framework words in the singular include the plural and words in the plural include the singular; b. this Framework does not affect any other responsibility, right or obligation of any Municipality and addresses only their roles with respect to the implementation of this Framework; c. this Framework may be amended by mutual agreement of the Municipalities in writing; d. nothing in this Framework fetters the discretion or regulatory authority of either Municipality in any way; and e. this Framework may be signed in counterpart, in which case the counterparts together constitute one agreement, and communication of execution by e-mailed PDF shall constitute good delivery.
IN WITNESS WHEREOF the Municipalities have hereunto executed this Framework by the hands of their proper officers duly authorized in that regard.
KANANASKIS IMPROVEMENT DISTRICT FOOTHILLS COUNTY
PER: PER:
______Melanie Gnyp Suzanne Oel Council Chair Reeve
______Date Date
______Kieran Dowling [NAME] Acting Chief Administrative Officer Chief Administrative Officer
______Date Date
Page 24
Page 25 Classification: Protected A Page 9 of 12 Ka chuk f Bryce Kalynchuk É, I¡I n J January L7,202L
Foothills County Council UI Macleod Trail Box 5605 E 309 o High River, Alberta TlV 1M7 n Dear Councilors, - É, 0- Rr: Erurn rycr Gnrr ro SW-26-22-4-W5 Locrro Urunl Jrrrur 15, 2021 Ar-rowrr.¡c Trl.¡e ron Fel¡ce ReetltlorNc nNo Nrw ÇRrr INsrRLr rroN oN rHr Wrsr PRoprRTy LrNr ONc¡ E É, JeffPorter,onFriday,brough.,oo,ffiWasacomplaintthatourpropefi entrance gate is locked and therefore, it is inconvenient for people to access the road É allowance. v We are requesting that the council allow us time to reconstruct our entrance gate to our west ¡rlf property line with a deadline of June L5, 2021. In the meantime, our entrance gate is to Å (J remain locked. Justifications for this gate lock request are as follows. z Active bison ranching, with one-hundred animals, is undenryay on our propefi, see the picture in Attachments. For the safety of the public, these bison must be kept secure avoiding contact ì and conflict with people. The problem is that when the gate is unlocked, people open the gate and do not close it behind them. An open gate has extremely high potential to release the bison herd. The herd will likely end up on Highway 22 resulting in a catastrophic outcome. An v unrestricted bison herd will travel 5 km in daylight hours making it extremely difficult to bring them back home. Unnecessary liability and animal loss is to be expected ¡f the gate is unlocked. May long weekend, when there are people out and about, during calving season, is of special concern. It is in the best interest of public safety that the bison remain securely locked, as they currently are, all the while providing appropriate time to complete new fencing and gating.
Theft and willful damage to our propefi has been an unfortunate occurrence. The Turner Valley RCMP detachment have repeatedly advised us to "lock your gate." Damage and theft include spruce trees that have been topped for someone's Christmas tree (close to our house!); people fall live full-grown spruce trees for firewood and fencing supplies have been stolen from our property. In the Attachments, you will see a photograph of a cut spruce tree and dialogue with the RCMP. We reported damage and theft to the RCMP including reporting back into them that our entrance gate is indeed locked. We provided them with the gate lockbox code. Since property damage and theft is an issue, our property perimeter must be secured and locked. Because it is January and the ground is frozen, there is no practical way
sw-26-224-W5 Page 26 of driving fence posts to reconfigure the fencing and gating until the spring. Our propefi must remain secure in the meantime. Locking the gate, as the RCMP advised, has indeed reduced theft.
Our experience with people wanting access to our land has proven to be of ill intent. Case in poinÇ when a woman tried to access our propefi from the road allowance, the outcome resulted in her deliberately hitting Bryce on his quad from behind, leaving him for dead. See the hit and run accident report in the Attachments.
Our proximal farming neighbors have been given the gate lock box code, allowing them to utilize the road allowance and our road at their discretion. They are not impeded access to the road allowance.
Once the fencing is rebuilt to confidently contain the bison herd and to secure our propeñry from theft and trespass, we kindly ask that the Foothills County assume responsibility for snow clearing and road maintenance on the improved road allowance. We constructed, paid for and have been maintaining the road including snow clearing.
Councilors, we trust that you will find this shoft-term gate lock request, allowing us time to rebuild the fence, an amicable solution. This balances the need to keep our bison herd secure, our property safe as well as providing, in due course, convenient public access to the road allowance. Please feel free to call BrycelIor Cathy
Yours S
uk Rancher & Landowner
Cathy Kalynchuk Rancher & Landowner
Foothills County Gate Lock Extension Access to Kalynchuk Private Land SW-26-22-4-W5 Page 2 of 5 Page 27 Attachments
.i ¡.ü&às. .' q*^.t. r* .
.
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Figure 1 Bison Herd 100 Strong Kalynchuk Priddis Land SW-26-22-4-W5 January 2021
Foothills County Gate Lock Extension Access to Kalynchuk Private Land SW-26-22-4-WS Page 3 of 5 Page 28 l, l .11 'li I j.,ir,*,t \ .-ul1:,à , , . t'l t'. TlÎ '1t .-. - - ¡ì r :"1 ü''fl r¡ G".,. I åit::
ìf' .1r. ßr.
aa : ? r' tå ¡ Figure 2 Kalynchuk Spruce Tree, Near Our House, Toppd for fumeone's Christmas Tree - Reportd to the RCMP
'1t17t2021 umarr - Gate ao.* oo* t*"!
Jvl Gmail BryceKalynchukñ
Gate Lock Box Cooef 'l message
Bryce Wed, Dec 23,2415 at6:18 PM To: Robert
Hi Robert,
The gate lock box cooe isf
Merry Christmas
Figure 3 Confrrmation to the RCMP that the Subject Gate was Lockd Providing the Access Code
Foothills County Gate Lock Extension Access to Kalynchuk Private Land SW-26-22-4-WS Page 4 of 5 Page 29 1t17t2021 Gmail - Re: Fencing Wire Stolen this Summer - forgot to mentìon M Gmail BryceKatynchurE
Re: Fencing Wire Stolen this Summer - forgot to mention 1 message
Robert MARION Tue, Dec 22, 2015 at 5:53 PM To: Bryce
Hi Bryce,
l'm trying to make it up to see your neighbour about the tree issue. Last night got busy So I was unable make it. I have an appointment tonight if they don't show I will run up. lf not I will have to try and do it tomorrow.
Have you spoken to your neighbour about the tree
As for the stolen fence just type up an statement and send it to my email l'll create a new file for that.
Need to know the date this took place Who realized it was taken How much fence was taken and the cost. Where on your property was it taken from How long was the fencing there before it was taken and why you didn't report it at that time
Regards
Cst. Rob MARION Iurner Valley RCMP 307 Main Street P.O. Box 389 Turner Valley, AB TOL 240 7227 Êxt:301 (Phone) 183
>>> Bryce Kalynchu 1511212211 :04 AM >>> Terry and Robert,
I forgot to mention that a new role of fencing wire was stolen from the entrance of our farm this summer. I was set up for fencing and was rebuilding neighbor's fences along the road allowance driveway - east, west and south. I did not report it and I did check with the neighbors - no one saw any vehicles.
Bryce
Figure 4 RCMP Dialogue Stolen Fence Wire and Cut Sprace Træ -
Foothills County Gate Lock Extension Access to Kalynchuk Private Land SW-26-22-4-WS Page 5 of 5 Page 30 INVESTIGATING MEMBER Motor Vehicle Collision Statement RCMP OCCURRENCE#
TODAY's DATE AND TIME July 5, 2018 'l2pm COLLISION OCCURRENCE DATE AND TIME May 25, 2018 6pm wAS rHts A Htr AND RUN?MN DtD poLtcE ATTENDdE- YOUR FULL LEGAL NAME ¡RTHDATE
YOUR PHYSICAL ADDRESS NG AÐDRESS Same
YOURPHONE(Res) f, ,,*, (Cel:) f WAS: ÐRIVER W PASSENGER PEDESTRhN [f WITNESS T
PLEASE clRcLE THE lNlTlAL PolNr oF IMPACT To IQIIBIIEHICLE¡- - OR- CHOOSE ONE OF THE FOLLOWING: ) UNDERCARRIAGEN - ROLLOVER d Collision impact to left rear rim Roof ATTACHMENT and tire UNKNOWN N Rear lPassenger-side
ESTIMATE DAMAGE TO YOUR VEHIGLE: Rear rim. top of rioht front fender and carqo carriers: estimate $4.000
WHERE DID THE COLLISION OCCUR (ROAÐ/HIGHWAY, NEAREST COMMUN|TY OR LANDMARK): at the firist gate of private farm road located at sw 26 - zz - 4 - wsM i WHATDlREcTloNWEREYoUTRAVELLlNG?NoRTHil.o,'"n=AsTnWESTn
ROAD ALIGNMENT: &u,, tr srRArcHT - (Pick AllThat Apply) If Hrtcnesr I sno (BorroM oF H¡LL) il cunve n uNKNowN
ROAD CLASS: il uruorv¡oeD oNE-wAY d*o,u,oE' îwo-wAY (Pick One) il ovroeo wffH BARRTER ü ovroeoNoBARR¡ER il o*¡rn: t ururruowru
WHO WAS ¡N YOUR VEHICLE AT THE TIME OF THE COLLISION? The belolt descriptiotts and numbers corresponcl to the sd"fefy equípment used during the collisiott. Beside îhe name of each occupant please circle whiclt sufetlt equípment they used.
SqfeÍlt çguirn¿nt tlsed (Pick ONF ter Occunantl 1. Lap Belt Only 4. Lap/Shoulder Belt with Airbag 7) Helmet (Motorcycle, ATV, etc.) 2. Lap/Shoulder Belt 5. Airbag Only (No BeltWorn) 8,l NoNE 3. Såou/der Belt Only 6. Child Safety/Boosfer Seaf 9) Other to ) unknown girglÊlbesefÊtr DRIVER NAME:- B¡vee l(alvnchuk SAFETY: l. 2. 3.4.5. 6. r.[91. rO Birth Date/nge:I- Rddress Phone.¡II
FRONT PASSENGER NAME SAFETY:1 Birth DatelAge: Address: Phone_
REAR DRIVER-SIDE PASSENGER NAM SAFETY: 1.2.3.4.5 . 6. 7. 8" 9.10
Birth Address Page 31 ÞtraÞ ÞÂeGtrN¡:trÞ_Qilìtr arf+art tÞÂNT NåitË. G¿rttrÎv. l11r{Á7aoln DESCRIB E TH E WEATHERA/ISIB ILITY Excellent weather conclitions . qreat visibilitv
ROAD COND|TIONS,CrncleéÐ WET SNOW|CE/SLUSH MUDDY OTHER
DO YOU BELIEVE DRUGS OR ALCOHOL WERE A FACTOR IN THIS COLLISION? YES N No{
WHAT DIRECTTON WAS THE OTHER VEH¡CLE TRAVELLING? NORTH &oum n EASî [ wEsr I
WHOWAS ÐRIVING THE OTHER VEHICLE, INSURANCE INFORM ATION, LICENCE PLATE#ANDWHERE ITWAS DAMAGED: The other vehicle driver was a white woman approximately 24 to 30 years old, 5'-8" to 5'-10" feet tall, 130 lbs., with shoulder length dirty blonde hair. She opened my gate and was trespassing on my private farm road. She was driving a newer model Honda CRV. No other passengers were present in her vehicle. The front of her CRV hit my rear left ATV rim and tire when she was being escorted from my road. She hit me and flipped the quad over before I could record her license plate number.
DESCRIBE IN DETAILTHE EVENTSOFTHECOLLISION ASYOURÉCALLTHEM. PLEASE INCLUDETHEDIRECTION oFTRAVELANDACTIONSOFALLVEHICLES INVOLVED tNTHECOLL|S|ON{DRAWAPTCTURETFNEEDED}:
During the evening of Friday May 25,2018, I took my two German Shepard dogs out for a walk on my larm road. I was driving my Suzuki quad alongside my dogs slowly, 5 km/hr. Where my farm road turns North, my dogs started to bark because there was a woman standing outside her car that was parked up against my locked gate. There are two gates on my farm road. The first gate that adjoins to the county road is not locked because my neighbors use a section of my road, about 100', to cross with horses. The second gate is locked. I shouted out to this woman telling her to get back in her car because I had my dogs with me. I talked to her for about 5 minutes. I asked her where she was going and who she was looking for. She said that she was'Just driving around and sightseeing". Overall, she was pleasant and friendly. During the conversation, she inquired 3 times where my road went. I told her that it was a private farm road. I indicated to her that it was not right to open someone's gate and to trespass. I asked her to leave repeatedly but she kept stalling and made excuses about my dogs and about closing my gate. To expedite her departure, I asked her to follow me out to the county road but to be mindful of her speed because of my dogs. I pushed my quad under my locked gate and proceeded north down my road to my first gate. She backed her car up, turned it around and started to follow me out. She hit my quad at my first gate.
After the incident, it is evident that the left rear rim of the quad was hit very hard by the car because it is bent. The impact pushed the quad north of my gate onto the county road. The quad is heavy at 850lbs. lt crashed upside-down on top of me. Scratches on the cargo carriers indicate that the top of the quad impacted the road perpendicular to the direction of fon¡vard travel. For the record, my off- road vehicles have never been on any Foothills MD county roads; they are restricted to my private farm land. lt is estimated that I was left unconscious on the road for approximately 30 minutes before a nei g¡rl o was coming to get her horse found me.
July 5, 2018 stG COMPLETING STATEMENT DATE STATEMENT WAS COMPLETED
DO YOU CONSENT TO THE RELEASE OF YOUR STATEMENT TO tNS U RAy COMPANIES OR OTHER INTERESTED PARTIES
IN ANY CRIMINAL, CIVIL OR ADMINISTRATIVE PROCEEDING? YES ET Non
DOYOU CONSENTTO HAVING AVICTIM woRKER CONT ACT yOU (SHOULD yOU WISH TO SPEAK TO SOMEONE
ABOUTTHISTNCIDENT)? YES NOTPage 32 tît // / MISCELLANEOUS PLANNING ITEM PLANNING AND DEVELOPMENT REPORT TO COUNCIL SITE SPECIFIC AMENDMENT January 20, 2021 APPLICATION INFORMATION FILE NO. 20R027 DATE APPLICATION COMPLETE: October 14, 2020 LEGAL DESCRIPTION: Plan 0511416, Block 3, Lot 2; Ptn. NE 08-21-29 W4M LANDOWNER: LZL Properties Inc. PROPOSAL: 20R 027 Redesignate the parcel from Direct Control District #14 to Highway Commercial District OR Site Specific Amendment to the Direct Control #14 Land Use District in order to allow for Vehicle Sales and Repair, Children recreation and athletic services, Adult athletic and recreation services, Animal Care Services, Retail Sales, Retail Garden Centre, Heavy Equipment Sales and Service, Recreational Vehicle Sales, Church, and Auctioneering services to be permitted uses on the subject parcel. DIVISION NO: 5 COUNCILLOR Alan Alger FILE MANAGER: Logan Cox
EXECUTIVE SUMMARY: Requesting 2nd and 3rd reading to Bylaw 63/2020 authorizing a Site Specific Amendment to the Direct Control District #14 Land Use rules to allow ‘Agricultural Support Services’, ‘Animal Care Services’, ‘Auto Body’, ‘Auto Repair’, ’Auto Sales’, ‘Recreation Services, Indoor’, ‘Retail Garden Centre’, and ‘Retail Store’ as discretionary uses on Plan 0511416, Block 3, Lot 2; Ptn. NE 08-21-29 W4M.
Bylaw 17/2020 currently reads: Bylaw 63/2020 was introduced into the meeting to authorize a Site Specific Amendment to the Direct Control District #14 Land Use District rules to allow for Agricultural Support Services, Animal Care Services, ‘Auto Body’, ‘Auto Repair’, ‘Auto Sales’, ‘Recreation Services, Indoor’, ‘Retail Garden Centre’, and ‘Retail Store’ as discretionary uses on Plan 0511416, Block 3, Lot 2; Ptn. NE 08-21-29 W4M. In consideration of the criteria noted in the Economy policy of the MDP2010, Growth Management Strategy, and the Land Use Bylaw 60/2014 Council is of the opinion that the proposed redesignation would not be detrimental to the intended use or unduly interfere with the subject and neighbouring parcels. Prior to further consideration the applicant is required to submit the following: 1. 20m x 20m Access Right-of-Way to be registered over the northwest corner of the subject property, covering the existing cul-de-sac bulb; 2. Final amendment application fees to be submitted;
Page 33 CONDITIONS MET AT AMENDMENT: All conditions of the Site Specific Amendment have been completed
OPTIONS FOR COUNCIL CONSIDERATION: OPTION #1 – GRANT FURTHER READINGS TO BYLAW Should Council wish to support 2nd & 3rd readings of Bylaw 63/2020 they may wish to consider the following motion: Bylaw 63/2020 was reintroduced into the meeting to authorize the Site Specific Amendment to the Direct Control District #14 Land Use District rules to allow for ‘Agricultural Support Services’, ’Animal Care Services’, ‘Auto Body’, ‘Auto Repair’, ‘Auto Sales’, ‘Recreation Services, Indoor’, ‘Retail Garden Centre’, and ‘Retail Store’ as discretionary uses on Plan 0511416, Block 3, Lot 2; Ptn. NE 08-21-29 W4M.
OPTION #2 – MOTION THAT NO FURTHER READINGS BE GRANTED Should Council be unable to support a Site Specific Amendment to the land use for Plan 0511416, Block 3, Lot 2; Ptn. NE 08-21-29 W4M to allow for ‘Agricultural Support Services’, ‘Animal Care Services’, ‘Auto Body’, ‘Auto Repair’, ’Auto Sales’, ‘Recreation Services, Indoor’, ‘Retail Garden Centre’, and ‘Retail Store’, as discretionary uses, they may wish to consider the following motion: ______moved that no further readings to Bylaw 63/2020 be granted. Through further review of the application, Council is not satisfied that a Site Specific Amendment to the Direct Control District #14 land use rules is appropriate on Plan 0511416, Block 3, Lot 2; Ptn. NE 08-21-29 W4M.
APPENDICES
APPENDIX A: MAP SET: LOCATION MAP SITE PLAN ORTHO PHOTO
Page 34 LOCATION MAP
Subject Parcel
Town of Okotoks
Page 35 SITE PLANS
Page 36
Page 37 ORTHO PHOTO
Page 38