regular council meeting agenda - improvement district no....

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Regular Council Meeting Agenda Thursday, January 11, 2018 | 1:00pm, Banff Juniper Hotel 1. Call Meeting to Order 2. Adoption of Agenda / Call For Additions 3. Adoption of Council Minutes a. Regular Council Meeting – December 14, 2017 4. Financial Report 5. Delegations a. KidSport Bow Valley (no attachments) b. RCMP Funding Proposals c. Verdant Creek Fire Update & Standing Council Update – Parks Canada Lake Louise Field Unit (no attachments) 6. Business & Discussion Items a. Banff Arena Advertising b. Slate Road Units B & C c. Track Setting Update d. Fire Department Budget 7. CAO & Committee Reports/Roundtable (no attachments) a. CAO Report b. Council Roundtable 8. Correspondence & Reports a. Canada Infrastructure Program Letter & Brochure b. MA Minister Response Letter c. Bow Valley Regional Housing December Minutes d. Happy Holidays from Parks Canada e. Bow Valley Regional Housing Ribbon Cutting Invitation f. MGA Amendments g. Parks Canada Fuel Management h. Town Of Banff November & December Council Meeting Minutes i. December 2017 BVRH Bulletin 9. Upcoming Meetings, as currently scheduled a. Budget Meeting 8:30am, Thursday, January 25 th , 2018 (Fairmont Chateau Lake Louise) b. ID9 Council Meeting 1pm, Thursday, February 8, 2018 (Fairmont Chateau Lake Louise) i. Adjustments: a. May 10 th @ Banff Caribou b. August 9 th TBA in Lake Louise c. December 6 th FCLL Unavailable 10. In Camera – Closed Session a. Government Matter – covered under section 21 of the Freedom of Information and Protection of Privacy Act 11. Adjournment

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Page 1: Regular Council Meeting Agenda - Improvement District No. 9improvementdistrict9.ca/wp-content/uploads/2018/04/January-2018-I… · DEVELOPMENT 04-14-12-2017 MCELHANNEY CONSULTING

Regular Council Meeting Agenda Thursday, January 11, 2018 | 1:00pm, Banff Juniper Hotel

1. Call Meeting to Order

2. Adoption of Agenda / Call For Additions

3. Adoption of Council Minutes

a. Regular Council Meeting – December 14, 2017

4. Financial Report

5. Delegations

a. KidSport Bow Valley (no attachments) b. RCMP Funding Proposals c. Verdant Creek Fire Update & Standing Council Update – Parks Canada Lake Louise Field Unit (no attachments)

6. Business & Discussion Items a. Banff Arena Advertising b. Slate Road Units B & C c. Track Setting Update d. Fire Department Budget

7. CAO & Committee Reports/Roundtable (no attachments)

a. CAO Report b. Council Roundtable

8. Correspondence & Reports

a. Canada Infrastructure Program Letter & Brochure b. MA Minister Response Letter c. Bow Valley Regional Housing December Minutes d. Happy Holidays from Parks Canada e. Bow Valley Regional Housing Ribbon Cutting Invitation f. MGA Amendments g. Parks Canada Fuel Management h. Town Of Banff November & December Council Meeting Minutes i. December 2017 BVRH Bulletin

9. Upcoming Meetings, as currently scheduled

a. Budget Meeting 8:30am, Thursday, January 25th, 2018 (Fairmont Chateau Lake Louise) b. ID9 Council Meeting 1pm, Thursday, February 8, 2018 (Fairmont Chateau Lake Louise)

i. Adjustments: a. May 10th @ Banff Caribou b. August 9th TBA in Lake Louise c. December 6th FCLL Unavailable

10. In Camera – Closed Session a. Government Matter – covered under section 21 of the Freedom of Information and Protection of Privacy Act

11. Adjournment

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Improvement District No. 9, Banff National Park – Council Meeting Minutes, December 14, 2017 1 | P a g e

Improvement District No. 9 Council Minutes

Regular Council Meeting, Thursday, December 14, 2017

The Municipal Council Meeting for Improvement District No. 9 (ID9) was held at the

Fairmont Chateau Lake Louise on Thursday, December 14, 2017. In Attendance: Chairman Dave Schebek, Councillors, Davina Bernard, Alison Brewster, Rick Werner and Ghada Wirth Administration: Chief Administrative Officer (CAO), Kurtis Pratt, Deputy CAO & Recreation Director, Danielle Morine and Lake Louise Fire Department Chief Keri Martens Visiting Officials: RCMP Sergeant Gerald Walker, Parks Canada Townsites Manager Marthe Boissonnault, Parks Canada Asset Manager Travis Wert, Parks Canada Banff Townsites/Realty Manager Mark Johns, Parks Canada Traffic Coordinator Brad Tataryn and Parks Canada Public Relations and Communications Manager Amy Krause

CALL TO ORDER (1:00pm)

Chairman Schebek called the meeting to order at 1:00pm.

APPROVAL OF AGENDA 01-14-12-2017

Councillor Werner MOVED to approve and adopt the agenda with the addition of item 6J: Banff Minor Hockey Fundraising Request.

Carried.

MINUTES 02-14-12-2017 FINANCIAL REPORT 03-14-12-2017 DELEGATIONS Parks Canada Asset Management Mountaineer Lodge Banff Elementary School

Councillor Wirth MOVED to accept the November 9th Council minutes with the following change: The Chateau was only unavailable in August in regards to 2018 meeting locations.

Carried. Councillor Brewster MOVED to accept the financial report as presented knowing that many expenses are not reflected yet.

Carried. Travis Wert (LLYK Asset Manager for Parks Canada) presented an update on the infrastructure and construction projects for the 2018 season, primarily water and sewer rehabilitation, campground projects and the change from the 4-way stop to a roundabout at the Lake Louise Drive and Village Road intersection which has been put on hold to host additional consultations with first responders and stakeholders. In addition, the 2019 water and sewer updates which go from Lake Louise Inn to Post Hotel under the Pipestone bridge were discussed as this will have a larger disruption to businesses. If lease holders have questions on construction, they can contact Amy Krause with Parks Canada at [email protected]. Chad Gulevich, owner of the Mountaineer Lodge, requested that ID9 waive his penalty fees for late tax payment due to not receiving their tax bill. Council informed Mr. Gulevich that the decision would be brought forward at the January meeting after further investigations. Shawn Carr, Co-Chair from the Banff Elementary School presented council with a brief report on the Nature Explorers Program and requested that ID9 contribute $20,000

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Improvement District No. 9, Banff National Park – Council Meeting Minutes, December 14, 2017 2 | P a g e

Parks Canada Lake Louise Field Unit RECREATION CENTRE DEVELOPMENT 04-14-12-2017 MCELHANNEY CONSULTING SERVICES FIRE HALL VENTILLATION REVIEW 05-14-12-2017 SLATE ROAD IN FLOOR HEATING 06-14-12-2017 WEBSITE REVIEW & COUNCIL EMAILS INTERIM 2018 OPERATIONS BUDGET 07-14-12-2017 ID9 MVI RECOVERY 08-14-12-2017 BOW VALLEY MUTUAL AID AGREEMENT 09-14-12-2017

per year starting in 2018 with a 2 year commitment. Parks Canada Traffic Coordinator Brad Tataryn provided council with an update on the 2017 Traffic Management review and the plans for 2018. Council expressed concerns about the lack of Moraine Lake transit as it was the largest visitor complaint in 2017. Council reviewed and discussed the best course of action to move forward in regards to IBI and AI contracts for the future Recreation Centre expansion. Councillor Werner MOVED that Chairman Schebek and other councillors who are available meet with MA, IBI and AI in Edmonton.

Carried. Council reviewed and discussed the work required to proceed with the McElhanney consulting review for the fire hall ventilation request. Councillor Wirth MOVED that Administration reach out to the 2 bidders, requesting the recommended information and proceed with contracting McElhanney to make a recommendation.

Carried. Council reviewed and discussed the proposal for installing in floor heating into the Fire Department rental unit. Chairman Schebek MOVED that Administration inspect units B & C to see what renovations need to be done for discussions in January.

Carried. Council was presented with the new website and requested to review and provide feedback before December 31st. In addition council was given new ID9 emails to activate by the January council meeting. Council reviewed the proposed 2018 interim budget which would allow Administration to continue to operate prior to the budget approval date. Councillor Bernard MOVED to accept the 2018 Interim Budget as presented.

Carried. Banff Fire Chief Silvio Adamo remotely presented the option for a cost recovery model for Lake Louise Fire Department in partnership with Town of Banff. Chairman Schebek MOVED to proceed with the proposal and that Mr. Adamo bring forward the documents needed to move forward.

Carried. Council reviewed the presented Bow Valley Mutual Aid Agreement. Councillor Wirth MOVED to accept the Bow Valley Mutual Aid Agreement and that Administration send the document to Edmonton for signing.

Carried.

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Improvement District No. 9, Banff National Park – Council Meeting Minutes, December 14, 2017 3 | P a g e

BANFF ARENA ADVERTISING 10-14-12-2017 BROWNLEE LPP SEMINAR BANFF MINOR HOCKEY FUNDRAISING REQUEST 11-14-12-2017 CAO’s REPORT 12-14-12-2017 13-14-12-2017 COUNCIL REPORTS Bow Valley True Sport & Recreation Council Banff Public Library AUMA Banff Lake Louise Hospitality Association Parks Canada AMPPE MLA Luncheon CORRESPONDENCE & REPORTS 14-14-12-2017

Council reviewed the option to place advertising within Fenlands arena. Councillor Wirth MOVED that Administration select most visible puck board available and design an ID9 board focusing on supporting recreation in the Bow Valley, with a budget of $1,300.00.

Carried. Council reviewed the professional development opportunity hosted by Brownlee LLP. Council reviewed the request for funding from Banff Minor Hockey. Councillor Bernard MOVED that ID9 contribute $200.00 towards the tournament.

Carried. CAO Pratt presented his report, which was previously distributed to Council. Councillor Bernard MOVED that the letter to MP Richards be put on hold and that Administration hold off on formal communications until a later date.

Carried. Councillor Bernard MOVED to accept the CAO report as presented.

Carried. Councillor Wirth provided an update on the Bow Valley True Sport and Recreation Council, specifically regarding external funding. Councillor Wirth provided an update on the Banff Public Library for which she now sits on the policy committee. Councillor Wirth provided an update on the AUMA conference including a valuable meeting with Minister Anderson. At this time, he has not yet reviewed the recommendations for ID9 Council Appointments. Councillor Bernard attended the BLLHA year-end meeting and expressed to council their clear objectives which are directly related to the success of the ID. Councillor Bernard informed council that she received notification from superintendent Kwong that she has been relocated until the end of March and that Rick Kubian is acting superintendent. Councillor Brewster expressed to council that she will be looking into concerns with present leadership at AMPPE which could put the association at risk again. Council discussed the MLA luncheon in Lake Louise. Council reviewed and discussed the correspondence and reports attached. Councillor Bernard MOVED to accept the correspondence and reports as information.

Carried.

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Improvement District No. 9, Banff National Park – Council Meeting Minutes, December 14, 2017 4 | P a g e

UPCOMING COUNCIL MEETING CLOSED SESSION 15-14-12-2017 (3:14pm) 16-14-12-2017 (3:34pm) 17-14-12-2017 18-14-12-2017 19-14-12-2017

Council reviewed the location for the upcoming council meetings.

• 1pm, Thursday, January 11th, 2018 (Banff Juniper Hotel) Chairman Schebek MOVED that due to sections 16, 17 and 21 of the Freedom of Information & Personal Privacy Act that the meeting be taken IN CAMERA to discuss some confidential matters of Council business in a Closed Session. Councillor Werner MOVED to come OUT of IN CAMERA and end the Closed Session at 3:34.

Carried. Councillor Brewster MOVED that administration inform Chad Gulevich, owner of the Mountaineer Lodge, that the request for ID9 to waive his penalty fees for late tax payment has been denied.

Carried. Councillor Bernard MOVED to accept the audit process as presented.

Carried.

Chairman Schebek MOVED that administration execute a new lease for LLMC for Slate Road Unit 20A with input from our insurance providers.

Carried.

ADJOURN 20-14-12-2017 (3:36pm)

Councillor Wirth MOVED to ADJOURN AT 3:36pm.

Carried.

Minutes Approved on the of , 2018

_____________________________ _ Chairman – Dave Schebek

__________________________________ Chief Administrative Officer – Kurtis Pratt

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Issue Brief 2018-01-11

Agenda Item 6a. | Banff Arena Advertising

Background At the December 2017 council meeting, council passed a motion that administration select most visible puck board available and design an ID9 board focusing on supporting recreation in the bow valley, with a budget of $1,300.00. Of the remaining locations, the one with highest visibility has been selected and administration has designed 3 possible signs: Option 1

Option 2

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Option 3

Recommendation It is recommended that Council review and discuss the advertising options and select an option.

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Issue Brief 2018-01-11

Agenda Item 6b. | Slate Road Units

Background At the December 2017 council meeting, council passed a motion that Administration inspect units B & C to see what renovations need to be done. At this time, an informal walkthrough of Unit B and a formal inspection of C have taken place (AHS representatives have not set a date for the inspection of the locum unit). They are both in similar condition with wear and tear on Unit C being a bit higher. Larch Valley Woodwork is now booking into the spring of 2018 should council decide to continue with that contractor. The following could be done in both units in order to keep all units on relatively the same repair/replacement schedule:

• Remove existing carpet and supply and install new carpet

• Supply and install laminate flooring in living area on main floor and stairs leading into basement

• Remove laminate in kitchen and install tile

• Remove tile in basement and install in floor heating and new tile

• Supply and install 4 new kitchen appliances

• Supply and install new bathroom accessories

• Paint all walls and ceilings

• Replace electrical covers where needed

• Tighten handrails

• Replace kitchen light in Unit C

• Remove and dispose of all reno garbage

• Replace door seal on Unit C

• Fix bedroom window on unit A o Based on the cost of Unit A which was almost identical in scope, the cost of doing both units

will likely come with a budget of $70,000.00-$80,000.00 The following work could be done to the whole property:

• 2 side stairs: replace to match front square beams

• Replace rain vents which are bent

• Repaint exterior doors

• Replace all fire extinguishers with working units

• Replace all lights in stairwells to downward facing lights

• Stain and paint the exterior of the building

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• Remove antennas/dishes which are not in use The following work will likely need to be done in the next 5 years:

• Replace washers/dryers when they no longer work

• Replace smoke detectors with battery back up units

Recommendation It is recommended that Council review and discuss the possible residential maintenance and select an option.

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Issue Brief 2018-01-11

Agenda Item 6c. | Track Setting Update

Background

On December 29th, Administration met with Parks Canada representatives Travis Wert (Asset Manager) and Jeff Hearnden (Backcountry Maintenance Coordinator) to discuss the track setting sled that was purchased by ID9. ID9 Currently owns and insures the following pieces of equipment:

• 2010 Alpina Sherpa Snowmobile

• 2012 Ski-Doo Skandic WST 600 ACE (ended its life and has been replaced with a more suitable 900 by Parks)

• 3 GINZU Groomers Parks Canada, The LLSRC and The Fairmont Chateau Lake Louise have a Partnering Agreement (see attached document) for the Nordic ski trails. It is no longer valid as it was only for a period of 5 years and it has never been signed by all parties. Parks Canada has decided that the best course of action is that this agreement dissolve and track setting continue under the mandate of Parks Canada. They will replace/repair machines as they would any other piece of Parks Canada owned equipment. This would involve transferring ownership of equipment to Parks, cancelling ID9 insurance and dissolving the partnering agreement. In addition, the asset management team will be coming to administration in the future to discuss better ways that ID9 can partner with Parks to improve the community, which doesn’t fall under their currently mandated scope of work. Recommendation It is recommended that Council review and discuss the possible residential maintenance and select an option.

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1

PARTNERING AGREEMENT

respecting

Nordic ski tracks and trails in the Lake Louise area of Banff National Park

BETWEEN

Parks Canada Agency (hereinafter referred to as Parks Canada)

AND

The Lake Louise Sport and Recreation Society

(hereinafter referred to as LLSRS)

A body corporate established under the laws of the Province of Alberta located at

103 Village Rd

Lake Louise, Alberta, Canada

T0L 1E0

Incorporated on November 30, 2007

As

1369058 Alberta Society

AND

The Fairmont Chateau Lake Louise Canadian Resort Hotels Limited Partnership o/a

(hereinafter referred to in the agreement as FCLL)

(also hereinafter collectively referred to as the “Parties”)

WHEREAS the PARKS CANADA AGENCY, a body corporate established under section 3 of the Parks Canada Agency Act, S.C. 1998 c.31 is committed to providing Canadians and visitors with opportunities for an enriched and exceptional experience in a protected area leading to a deeper connection with place.

AND WHEREAS the LLSRS and FCLL have a common interest in maintaining and enhancing the cross-country skiing experience in and around the hamlet of Lake Louise.

AND WHEREAS the parties are committed to promoting winter cross-country skiing activities in Banff National Park;

AND WHEREAS Parks Canada and LLSRS have agreed to work together to jointly provide tracksetting of cross-country ski trails in and around the hamlet of Lake Louise;

AND WHEREAS the Parties recognize the strength of working with each other;

AND WHEREAS this initiative is consistent with and complementary to the mandate of each of the Parties;

AND WHEREAS this initiative will benefit Canadians and residents Banff National Park by allowing them to connect in a meaningful way with Banff National Park.

NOW THEREFORE, in consideration of the premises and the mutual agreements set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:

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Section 1: Definitions

In this agreement:

a. “Alpina Sherpa” refers to a specialized snowmobile that was purchased to pull equipment for the purpose of grooming cross-country ski trails. Specifically a 2010 model - Alpina 122 Serial number – 11294

b. “Ginzugroomer” refers to specialized device used for grooming and setting cross-country skiing tracks. Specifically a 2011 108” YTS model with 2 track setters.

c. “Scandic SWT Snowmobile” refers to a treaded snow terrain vehicle required to tow the snow grooming device.

Section 2: Common Objectives

The Parties agree to work collaboratively to achieve common objectives and support activities and services, which shall be reviewed in the spring of each year.

At the time this agreement is entered into, the Parties’ common objective(s) are as follows:

a. In accordance with the Banff National Park Management Plan, enhance and maintain a network of high-quality cross-country ski tracks and snowshoe trails and make Lake Louise the winter activity hub of Banff National Park.

b. Provide the longest possible cross-country season with focus on grooming frequency and quality.

Section 3: Roles and Responsibilities for the Project

a. The following tables set out the key roles and responsibilities to be delivered by each Party, including the anticipated outcomes (or their expected results).

b. The Parties shall meet in the spring to review the status of all activities and services and the extent to which the anticipated outcomes (or their expected result) are being attained. The Parties shall jointly make any changes to the activities or services that are deemed necessary at that time. Any changes to these activities and services must be agreed to in writing by both Parties as provided in section 19.

c. The Parties may, from time to time, agree in writing to additional activities and services to be delivered, in which case such activities or services shall be subject to this Agreement.

Parks Canada’s Roles and Responsibilities

Trail maintenance, including windfall removal and brushing where required, prior to snowfall.

Tack-setting of area trails, with highest priority given to Moraine Lake Road, lower Tramline, lower Telemark, and highway 1A sections of the trail system and secondary priority given to the Bow River Loop, and the Lake Louise Campground and Pipestone areas

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The supply and installation of trail signs as required.

Inform the public of cross-country trail condition the the BNP website trial report and other established distribution channels.

Maintenance and repair of the Alpina Sherpa and Scandic SWT Snowmobile, 1 - 60”

Ginzugroomer, 1 - 84” Ginzugroomer and 1 Scandic SWT Snowmobile.

LLSRS’s Roles and Responsibilities

Provision and storage of an Alpina Sherpa, 2 Ginzugroomers and 1 Scandic SWT Snowmobile to Parks Canada for track-setting trails on appropriate terrain and under favourable conditions. Ownership for the Alpina Sherpa, Ginzugroomers and Scandic Snowmobile will rest with the LLSRS.

FCLL’s Roles and Responsibilities

Track setting of trails with highest priority given to Lake Louise Shoreline, Chateau Lake Louise Training Grid, Fairview Loop, upper Telemark, and upper tramline sections of the trail system.

Set-up and maintain a cross-country skiing learning area in the meadow immediately north of the Chateau Lake Louise and west of the Lake Louise Shoreline Trail. Implimentation of this will be at the discretion of the FCLL.

Provision of the necessary labour and to ensure consistent and standard track setting

of trails stated above.

All Roles and Responsibilities

Promotion of winter cross-country skiing activities for visitors and residents.

Provide current cross-country ski trail information to the Lake Louise Visitor Reception Centre (VRC).

Anticipated Project outputs

8 trails are trackset allowing visitors and residents to take part in winter recreational

activities in Banff National Park

Anticipated Project outcomes

Local residents and visitors have the opportunity to pursue active lifestyles on a network of high-quality cross-country ski tracks and snowshoe trails

Increased winter visitation at Lake Louise, which is positioned as the winter activity hub of Banff National Park.

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Section 4: Equipment

a. Use of LLSRC equipment, identified in Section 1, is permitted only by authorized and trained Parks employees. Any intentional misuse or damage to this equipment is the sole responsibility of Parks and their employees.

b. Use of LLSRC equipment shall not benefit or be included in any revenue generating based events or by any for profit organization without the approval of the LLSRC.

c. Use of LLSRC equipment, as identified in Section 1, by the FCLL is permitted should a) the equipment not be required by Parks and b) if a pre and post inspection is done by employees of Parks Canada and the FCLL. Any accidental or other damage, outside of normal wear, to the equipment that occurs is the sole responsibility of FCLL and their employees.

Section 5: Monitoring and Evaluation

a. The Parties shall hold a meeting every spring at a mutually agreed time and place to review this Agreement, which will include review of standards and responsibilities as relating to grooming and track setting.

b. The costs incurred for such meeting shall be the responsibility of the individual Parties, unless agreed otherwise in writing.

c. The Parties shall work together to monitor, assess and evaluate each activity, service and the overall objectives of this initiative.

Section 6: Interpretation

a. This Agreement is a legally enforceable contract . Additional agreements or amendments may be required to address specific needs or changes in roles and responsibilities, as required.

b. The preamble hereof shall form an integral part of this Agreement.

Section 7: Communications, Media and Advertising

The Parties may publicize the objectives and benefits of this Agreement in the following manner:

a. Media Protocol:

• In dealing with the media, the Parties shall not speak for one another unless previously agreed through an established and jointly developed media protocol.

• No Party shall issue any press release, publication or written advertisement relating to this Agreement without the prior written consent of the other Party in respect of the form or content of any such release, publication or advertisement.

• Mutually agreed-upon media lines shall recognize the role and contribution of each Party.

b. Advertising and Signs

• No LLSRS or FCLL signs or advertising material shall be displayed on any Parks Canada property without first obtaining written approval from Parks Canada.

• No Parks Canada signs or advertising material shall be displayed on any LLSRS or FCLL property without first obtaining written approval from the respective Parties.

• No Party may use the other Party’s trademark and logos without the other party’s prior written consent.

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c. Acknowledgement of Collaboration

• The Parties agree to work co-operatively to develop a media protocol.

• No Party shall issue any press release, publication or written advertisement relating to this Agreement without the prior written consent of the other Party (or Parties) nor imply in any way that any Party endorses or approves the other’s products or services.

• Notwithstanding the preceding provision, each party may recognize the participation of the other party(or parties) in promotional material in the following manner: Parks Canada, LLSRS and the Fairmont Chateau Lake Louise are proud to be working together on improving the cross country skiing experience in the Lake Louise area while maintaining and respecting that area's important ecological elements.

Section 8: Corporate use of Logo and trade-marks

a. Parks Canada reserves the right, in its sole discretion, to control the use of its name, including any abbreviations, words, or images that imply an association with Parks Canada and any use of such identifiers by the other Party is subject to the prior written approval of Parks Canada.

b. FCLL reserves the right, in its sole discretion, to control the use of its name, including any abbreviations, words, or images that imply an association with FCLL or Fairmont Hotels & Resorts and any use of such identifiers by the other Party is subject to the prior written approval of FCLL.

c. LLSRS reserves the right, in its sole discretion, to control the use of its name, including any abbreviations, words, or images that imply an association with LLSRS and any use of such identifiers by the other Party is subject to the prior written approval of Parks Canada.

d. Parks Canada, hereby grants FCLL and LLSRS permission to use the attached Parks Canada partnering logo (Appendix A) for this particular activity for the duration of this Agreement. The use of the logo is limited to this particular activity and may not be shared with any other party at any time. Parks Canada reserves the right to review and approve the final design layout where the partnering logo will appear.

e. FCLL hereby grants Parks Canada and LLSRS permission to use the attached FCLL partnering logo (Appendix A) for this particular activity for the duration of this Agreement. The use of the logo is limited to this particular activity and may not be shared with any other party at any time. FCLL reserves the right to review and approve the final design layout where the partnering logo will appear.

f. LLSRS hereby grants Parks Canada and FCLL permission to use the attached LLSRS partnering logo (Appendix A) for this particular activity for the duration of this Agreement. The use of the logo is limited to this particular activity and may not be shared with any other party at any time. Partner reserves the right to review and approve the final design layout where the partnering logo will appear.

Section 9: Human Resources

a. Each Party agrees to provide adequate human resources, at its own cost, to fulfil their respective responsibilities and obligations related to this agreement.

b. Any meetings, staff training and orientation required in order to execute this Agreement is the responsibility of the individual Parties.

c. The employee or contractor of a Party does not by reason of this Agreement become the employee or contractor of another Party.

d. Each party will adhere to it’s respective Safe Work Practices and Standard Operating

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Proceedures for conducting cross-country skiing and snowshoeing trail maintenance.

Section 10: Finance

This Agreement will not impose any joint financial responsibilities (profits and debts.). on its participants. However, each Party will be responsible for the funding costs it incurs in its own interest, related to the support of the Agreement.

Value in kind: Partner to provide the following (and as referenced in Section 2):

Section 11: Waiver, Indemnification and Insurance

11.1 Waiver

a. LLSRS hereby waives and undertakes not to make any claim or demand it has or may have against Parks Canada and FCLL any of their servants, agents and all those for whom Parks Canada and FCLL is responsible at law, for any detriment, damage, accident or injury of any nature whatsoever or howsoever caused with respect to any action taken or things done or maintained by virtue of this Agreement, or the exercise in any manner of rights arising hereunder, except in the case of the negligence of Parks Canada and FCLL, their servants, agents and all those for whom Parks Canada or FCLL is responsible at law.

b. FCLL hereby waives and undertakes not to make any claim or demand it has or may have against Parks Canada and LLSRS any of their servants, agents and all those for whom Parks Canada and LLSRS is responsible at law, for any detriment, damage, accident or injury of any nature whatsoever or howsoever caused with respect to any action taken or things done or maintained by virtue of this Agreement, or the exercise in any manner of rights arising hereunder, except in the case of the negligence of Parks Canada and LLSRS, their servants, agents and all those for whom Parks Canada or LLSRS is responsible at law.

c. Parks Canada hereby waives and undertakes not to make any claim or demand it has or may have against LLSRS and FCLL or any of their servants, agents and all those for whom LLSRS and FCLL is responsible at law, for any detriment, damage, accident or injury of any nature whatsoever or howsoever caused with respect to any action taken or things done or maintained by virtue of this Agreement, or the exercise in any manner of rights arising hereunder, except in the case of the negligence of LLSRS and FCLL, their servants, agents and all those for whom LLSRS and FCLL is responsible at law.

11.2 Indemnification

a. LLSRS shall at all times indemnify and save harmless Parks Canada and FCLL, their servants, agents, contractors and all those for whom Parks Canada and FCLL may be responsible at law, from and against all claims, demands, losses, costs, damages, actions, suits or proceedings (collectively called in this section “Claims”), brought or prosecuted in any manner by any third party based upon, arising out of, related to, occasioned by or attributable to the action of LLSRS including any action taken or things done or maintained pursuant to this Agreement, or the exercise in any manner of rights arising hereunder, except in the case of the negligence of Parks Canada or FCLL, their servants, agents, contractors and all those for whom Parks Canada and FCLL is responsible at law.

b. FCLL shall at all times indemnify and save harmless Parks Canada and LLSRS, their servants, agents, contractors and all those for whom Parks Canada and LLSRS may be responsible at law, from and against all claims, demands, losses, costs, damages, actions,

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suits or proceedings brought or prosecuted in any manner by any third party based upon, arising out of, related to, occasioned by or attributable to the action of FCLL including any action taken or things done or maintained pursuant to this Agreement, or the exercise in any manner of rights arising hereunder, except in the case of the negligence of Parks Canada or LLSRS, their servants, agents, contractors and all those for whom Parks Canada and LLSRS is responsible at law.

c. Parks Canada shall at all times indemnify and save harmless LLSRS and FCLL their servants, agents, contractors and all those for whom LLSRS andand FCLL may be responsible at law from and against all claims, demands, losses, costs, damages, actions, suits or proceedings brought or prosecuted in any manner by any third party based upon, arising out of, related to, occasioned by or attributable to the action of Parks Canada includingany action taken or things done or maintained pursuant to the Agreement, or the exercise in any manner of rights arising hereunder, except in the case of the negligence of LLSRS and FCLL, their servants, agents, contractors and all those for whom LLSRS and FCLL is responsible at law.

11.3 Insurance

a. LLSRS hereby represents that for the term of this Agreement, it shall obtain and maintain, at its sole expense, a comprehensive general liability insurance of a minimum of two million dollars ($2,000,000.00) per incident to cover any liability resulting from anything done or omitted by LLSRS, its employees, volunteers, subcontractors or agents. Such insurance shall provide that LLSRS, FCLL and the Parks Canada Agency , as additional named insured for this project, are indemnified against all legal liability arising from the death of or injury to any person as well as the loss of or damage to any property in accordance with the terms of this insurance policy. Further, such insurance shall also provide that in the event of the death of or injury to an employee, agent or volunteer of one of the insured named therein by any event for which the other insured named therein is or may be liable, such insurance shall indemnify the insured against whom the claim is made or may be made in the same manner as if separate policies had been issued to each insured named therein. Such insurance shall also provide for cross liability, that is to say that the insurance shall indemnify each named insured in the same manner as though separate policies were issued in respect of any action brought against either named insured by the other named insured without any rights to cross claim or subrogate against the Parks Canada Agency or FCLL.

b. FCLL hereby represents that for the term of this Agreement, it shall obtain and maintain, at its sole expense, a comprehensive general liability insurance of a minimum of two million dollars ($2,000,000.00) per incident to cover any liability resulting from anything done or omitted by LLSRS, its employees, volunteers, subcontractors or agents. Such insurance shall provide that FCLL, LLSRS and the Parks Canada Agency , as additional named insured for this project, are indemnified against all legal liability arising from the death of or injury to any person as well as the loss of or damage to any property in accordance with the terms of this insurance policy. Further, such insurance shall also provide that in the event of the death of or injury to an employee, agent or volunteer of one of the insured named therein by any event for which the other insured named therein is or may be liable, such insurance shall indemnify the insured against whom the claim is made or may be made in the same manner as if separate policies had been issued to each insured named therein. Such insurance shall also provide for cross liability, that is to say that the insurance shall indemnify each named insured in the same manner as though separate policies were issued in respect of any action brought against either named insured by the other named

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insured without any rights to cross claim or subrogate against the Parks Canada Agency or LLSRS.

c. Parks Canada warrants that it is underwriting its risks (self-insures) and such coverage are applicable and available to the project and events as contemplated in this Agreement.

Section 12: Official Languages

The Parties agree to make joint publications, printed materials and exhibits, if any, pursuant to this Agreement available in both official languages. It is agreed that Parks Canada will pay for the cost of translation.

Section 13: Conflict of Interest

Before contacting current or former public servants, public office holders, senators or members of Parliament to implement this agreement, the parties must obtain a statement of compliance with standards governing conflicts of interest and post-employment measures from the public servant, public office holder, senator or member of Parliament.

Section 14: Not a Partnership, Joint Venture or Agency

a. The Parties expressly disclaim any intention to create a legal partnership, joint venture or agency relationship. It is understood, acknowledged and agreed that nothing contained in this Agreement nor any acts of the Parties shall constitute or be deemed to constitute the Parties as legal partners, joint ventures, principal and agent in any way or for any purpose or formal business organization of any kind. Neither Party shall represent themselves to be an agent of the other Party.

b. The Parties, as between themselves, shall be deemed to be independent contracting entities and the employees of one shall not be deemed to be the employees of the other and the rights and obligations of the parties shall be only those expressly stated in this document.

c. Nothing in this Agreement shall be construed as providing for the share of profits or debts arising out of the efforts of either of the Parties.

Section 15: Applicable Legislation

a. This Agreement shall be governed by and construed in accordance with the applicable laws in the Province of Alberta and Canada,

b. The Parties hereby attorn to the exclusive jurisdiction of the courts of the Province of Alberta.

Section 16: Confidentiality and Privacy

a. The Parties shall not disclose the confidential information of another Party received under or pursuant to this Agreement except withconsent or as required by law, including applicable access to information and privacy law.

b. A Party that has received, from another Party or their contractors or other third-parties, personal information that is otherwise protected from disclosure by applicable privacy law shall not disclose that personal information except as required by and in accordance with applicable law.

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Section 17: Dispute Resolution

In the event of a dispute arising under the terms of this Agreement, the Parties shall make a good-faith attempt to settle the dispute. In the event that the Parties are unable to resolve the dispute through negotiation, they may agree to submit the dispute to mediation. The Parties shall equally bear the costs of mediation.

Section 18: Miscellaneous

a. Each of the Parties shall execute such further and other documents and instruments and of such further and other things as may be necessary to implement and carry out the intent of this Agreement.

b. This Agreement is not an exclusive collaboration and either Party may collaborate with other organizations or persons at its own discretion. The Parties will include each other in the planning of any activities related to the Agreement that may affect any of the Parties.

c. No Party shall assign or sublicense any or all of its interest in this Agreement without the prior written consent of the other Parties.

d. A waiver of a breach of a provision of this Agreement shall not be binding upon a Party unless it is in writing and signed by the waiving Party and delivered to the other Parties.

e. This Agreement is the entire Agreement between the Parties as it relates to the subject matter herein. In case of discrepancy between this Agreement and other communications, negotiations, arrangements and agreements, this Agreement prevails.

Section 19: Duration, Amendment and Termination

a. Subject to each Party’s termination rights, this Agreement shall remain in effect for a period of 5 years effective on the date of the last signature to this Agreement pursuant to section 20.

b. This Agreement may be amended by written consent of the Parties.

c. Any Party may terminate this Agreement by giving the other Parties at least ninety (90) days written notice of intent to terminate

d. Termination of this Agreement shall in no way prejudice any right of action which the Parties may have with respect to this Agreement.

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Section 20: Principal Contacts and Notices

a. The principal contacts for this Agreement are listed below. All notices shall be addressed accordingly to the following representatives of each Party.

b. All notices, information or documents required for this Agreement can be delivered in writing by email, facsimile or registered mail. All notices, information or documentation must be acknowledged in writing by the receiving party within five (5) working days after it has been received. Any notice not acknowledged shall be deemed to have been received and would take effect the day the acknowledgment should have been received by the other party.

FOR PARKS CANADA FOR LLSRS

Name: Michael St. Denis Name:

Title: Visitor Experience Manager Title:

Address: Box 213, Lake Louise AB T0L 1E0 Address:

Phone: (403) 522-1181 Phone:

Fax: (403) 522-1212 Fax:

FOR FCLL

Name:

Title:

Address:

Phone:

Fax:

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Section 21: Authority – Effective date

a. The individual(s) signing this Agreement on behalf of a Party represent and warrant that they have the capacity and the authority to enter into this Agreement on behalf of that Party.

b. This Partnering Agreement becomes effective on the date of the last signature affixed to this Agreement.

IN WITNESS WHEREOF Parks Canada, LLSRS and FCLL have executed this Agreement:

PARKS CANADA AGENCY LLSRS

Name: Melanie Kwong Name:

Title: Superintendent

LLYK Field Unit

Title:

Signature:

_____________________________________

Signature:

__________________________________________

Date: ___________________________________

Date: ___________________________________

Canadian Resort Hotels Limited Partnership o/a The Fairmont Chateau Lake Louise, by its agent, Fairmont Hotels Inc.

Canadian Resort Hotels Limited Partnership o/a The Fairmont Chateau Lake Louise, by its agent, Fairmont Hotels Inc.

Name: Name:

Title: General Manager

Title: Comptroller

Signature:

_____________________________________

Signature:

__________________________________________

Date: ___________________________________

Date: ___________________________________

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APPENDIX A

Parks Canada partnering logo and guidelines

Parks Canada symbols may only be produced from an authorized master electronic file and using standards specified. Partners cannot alter these electronic images as our symbols, logos and identifiers are protected under the Trademark Act.

The “Canada” word mark and Parks Canada signature must never appear on commercial items being sold.

The Agency is bound by policies and regulations that clearly state that NO partner identification or logos can be used on our Parks Canada fleet, uniform, stationary, and/or common use/operational signs.

In some circumstances, when appropriate, a credit line instead of the PC logo can be used to recognize Parks Canada’s contribution in the partnering arrangement e.g. Parks Canada Proud Collaborator.

FCLL partnering logo

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Issue Brief 2018-01-11

Agenda Item 6d. | Fire Budget Update Request

Background

ID9 approved a budget in theory to operate for the 2018 season. After some investigating, it was discovered that 2 line items were not included. Benefits: The 3 time employees do not have benefit coverage at this time. Chief Martens and Deputy Chief Bamboullis both have coverage from their spouses, but new FT employee Lieutenant Wagstaff does not. In order to be closer to on par with other departments and municipal employers, we need to add $2,000.00 to cover the year. Housing: There are small items for the Slate Road house that need to be purchased year to year that are not covered in the tenancy agreement (CO detectors, cleaning supplies, black out curtains etc.). We need to add $2,000.00 into this budget. Recommendation It is recommended that Council review, discuss and approve the 2 additions to the LLFD budget.

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This Is Home ... We're having a Welcome Home party and ribbon-cutting, and

we hope you'll join us!

What: The official opening of Bow River Seniors' Lodge Phase I When: Friday, January 12, 2018, 1:30 - 3 p.m. (Speeches and ribbon-

cutting at 2 p.m., brief tours available 2:20 to 3 p.m.) Where: Bow River Seniors' Lodge Phase I - follow the signs from Fairholme

Drive to come to our new entrance. RSVP: Call Rieko at 403-678-5922 or email [email protected] to let us know

you're coming!

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13 Nov 2017 Prescilla Thompson

35

Written by: Rebecca Kos & Keegan Rutherford

On October 26, 2017, the Province approved three Orders in Council, proclaiming the majority of the amendments to the Municipal Government Act (the “MGA”), into force either as of October 26, 2017, January 1, 2018 or April 1, 2018.  These amendments are passed through the following three new Acts:

• Municipal Government Amendment Act, SA 2015 c 8 (previously Bill 20);• Modernized Municipal Government Act, SA 2016 c 24 (previously Bill 21);

and• An Act to Strengthen Municipal Government, SA 2017 c 13 (previously

Bill 8).

Select MGA Amendments Proclaimed: What does this mean for you right now?

U a

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While we will provide updates on the changes coming into force in 2018 in a future bulletin, this article focuses on the amendments that are in force as of Thursday, October 26, 2017.  The amendments to the MGA are significant, and consequently, we focus on those changes that are in force and most likely to affect the regular operations and practices of municipalities.  If you require further assistance in determining which amendments are currently in force, and what these changes mean for your municipality, please contact one of our Municipal Team members through the link at the bottom of this article. 

MUNICIPAL PURPOSE

• In addition to those items already provided under Section 3, the purpose of a municipality now includes “to foster the well-being of the environment”.

COUNCILLOR MATERNITY AND PARENTAL LEAVE

• Bylaws Respecting Maternity and Paternal Leave (Section 144.1): Municipal councils now have the authority to pass bylaws with respect to whether councillors are entitled to take leave prior to or after the birth or adoption of their child.

COUNCILLOR CODE OF CONDUCT

• Mandatory Councillor Code of Conduct (Section 146.1): Municipal councils must, by bylaw, establish a code of conduct governing the conduct of councillors by July 23, 2018. The code of conduct will need to address items provided within the Code of Conduct for Elected Officials

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Regulation, AR 200/2017. A bylaw establishing a code of conduct governing the conduct of members of council committees and other bodies established by the council who are not councillors may be passed, but is not required.

INFORMATION PROVIDED TO COUNCILLORS

• Duty of Chief Administrative Officer (Section 153.1): Where one or more councillors obtain information about the operation or administration of the municipality from the CAO or a person designated by the CAO, there is now an obligation to provide that information to all other councillors as soon as is practicable.

PUBLIC PRESENCE AT MEETINGS

• Process and Procedure (Section 197(4) and (5)): Under section 197, before closing all or any part of a meeting to the public, council or council committees must, by resolution:

a) approve the part of the meeting that is to be closed, and

b) identify the basis on which the part of the meeting is to be closed.

Further, after the closed meeting discussions are completed, any members of the public who are present outside the meeting room must be notified that the rest of the meeting is now open to the public, and a reasonable amount of time must be given for those members of the public to return to the meeting before it continues. 

• Attendance of Other Persons at In Camera Meetings (Section 197(6)): Council or council committees may allow one or more other persons to

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attend a closed meeting but the minutes of the meeting must record the names of those persons and the reasons for allowing them to attend.

PUBLIC PARTICIPATION

• Public Participation Policy (Section 216.1): Every municipality must have a public participation policy in place by July 23, 2018. Under the Public Participation Policy Regulation, AR 193/2017, the policy must identify:

a) the types or categories of approaches the municipality will use to engage municipal stakeholders, and

b) the types or categories of circumstances in which the municipality will engage municipal stakeholders.

The council of the municipality may amend the public participation policy from time to time but must review it at least once every 4 years. The policy must be available for public inspection.

MUNICIPAL ACCOUNTS

• Deposits (Section 270): Municipalities must ensure that all money belonging to or held by the municipality is deposited in a bank, credit union, loan corporation, treasury branch or trust corporation designated by council.

REQUIRED CORPORATE PLANS

• Financial and Capital Plans (Section 283.1): Municipalities must prepare a written plan respecting its anticipated financial operations over a period of at least the next 3 financial years (which will be referred to as the municipality’s “financial plan”) and a written plan respecting its

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anticipated capital property additions over a period of at least the next 5 financial years (which will be referred to as the municipality’s “capital plan”). The first financial plans will need to be prepared by the end of 2019 (Municipal Corporate Planning Regulation, AR 192/2017).

MINISTERIAL POWERS

• Inspections and Inquiries (Sections 571 and 572): A ministerial inspection with respect to the management, administration or operation of a municipality may now be initiated on the request of a petition of the electors equal to 20% of the population or, in the case of a summer village, 30% of the number of summer village residences. Further, inquiries are now limited to those being called on the Minister’s initiative.

• Enforcement Powers (Section 574): The Minister’s enforcement powers have been expanded where there is a failure to comply with a Ministerial order to include, amongst other things: suspending the authority of the council to make bylaws; exercising bylaw making authority in respect of matters for which bylaw making authority for the council is suspended; withholding money otherwise payable by the Government; repealing, amending and making policies and procedures for the municipal authority; or suspending the authority of a development or subdivision authority and providing for a person to act in its place. However, the Minister must now give the municipal authority notice of the intended order and at least 14 days to respond prior to making such an order.

ADVERTISING

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• Advertisement Bylaw (Section 606.1): A council may now, by bylaw, provide for one or more methods, which may include electronic means, for advertising proposed bylaws, resolutions, meetings, public hearings, and other things referred to in Section 606. In order to do so, the council must be satisfied that the method is likely to bring such matters to the attention of substantially all residents in the area to which the bylaw, resolution or other thing relates or in which the meeting or hearing is to be held.

DOCUMENTS VIA ELECTRONIC MEANS

• Service of Documents (Section 607): Service of documents on the municipality may be done by way of electronic means where done in accordance with a bylaw made by the municipality.

• Sending Documents (Section 608): Documents that must be sent in accordance with the MGA or a regulation or bylaw made under the MGA may now be sent via electronic means if:

a) the recipient has consented to receive documents from the sender by those electronic means and has provided an e-mail address, website or other electronic address to the sender for that purpose, and

b) it is possible to make a copy of the document from the electronic transmission.

In the absence of evidence to the contrary, a document sent by electronic means in accordance with the requirements noted is now presumed to have been received 7 days after it was sent unless regulations made by the Minister provide otherwise.

OFF-SITE LEVIES

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• School Boards (Section 648(1.1)): Off-site levies may not be imposed on land owned by a school board that is to be developed for a school building project within the meaning of the School Act.

• Expanded Off-Site Levies (Section 648(2.1)): An off-site levy may be used to pay for all or part of the capital cost (including the cost of any related appurtenances and any land required for or in connection with the purpose) for any of the following additional purposes: new or expanded community recreation facilities; new or expanded fire hall facilities; new or expanded police station facilities; or new or expanded libraries. In addition to items such as consultation and annual reporting requirements, the principles and criteria for establishing off-site levies are provided under the Off-Site Levies Regulation, AR 187/2017.

• Intermunicipal Off-Site Levies (Section 648.01): 2 or more municipalities may provide for an off-site levy on an intermunicipal basis. This allows a benefiting area to extend across more than one municipality. Further, the Off-Site Levies Regulation noted above provides additional principles and criteria to apply to intermunicipal offsite levies.

INTERMUNICIPAL COLLABORATION FRAMEWORKS (“ICFs”)

• ICF Regulations (AR 191/2017): Part 17.2 of the MGA dealing with ICFs will be in force on April 1, 2018 and will require municipalities with a common border to create a framework with each other within two years of the section coming into force. ICFs will address the sharing of services on an intermunicipal basis. The Province has now approved ICF Regulations (which also come into force on April 1, 2018) that can provide guidance to municipalities with respect to how to deal with the upcoming ICFs, including, among other things: exemptions; duties; alignment of other bylaws; the arbitration process for creating frameworks; the dispute resolution process; and judicial review. 

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COLLABORATION WITH INDIGENOUS COMMUNITIES

• Notification (Section 636): Municipalities are now required to notify the Indian band of any adjacent Indian reserve, or any adjacent Metis settlement, of new municipal development plans and area structure plans.  The Indian band or Metis settlement will then be provided opportunities to make suggestions and representations regarding the new plans.

CONSERVATION RESERVE

• Conservation Reserves (Section 664.2): Municipalities may designate land for a Conservation Reserve (CR) in order to protect environmentally significant features.

SECTION 645 STOP ORDERS AND DEVELOPMENT PERMIT APPEALS

• Drafting Stop Orders (Section 645): Stop Orders issued pursuant to section 645 must specify the date on which the order is made and must be given or sent to the person or persons to whom the Stop Order is issued on the same day the decision is made.

• Appealing Stop Orders (Section 686): The time period for appealing a Stop Order is now 21 days from the date on which the order is made, as opposed to the previous 14 days from the date on which the person is notified of the order.

• Issuance of Development Permits (Section 642): A decision of a development authority on an application for a development permit must now specify the date on which the decision was made and must be given or sent to the applicant on the same day the decision is made.

• Development Permit Appeals (Section 686): The time period for appealing a decision on a development application is now 21 days from

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the date the decision is made or, where no decision is made, from the date the time period for making a decision expires. Similarly, the appeal period for persons who are affected by a development permit is also now 21 days after the date on which the notice of the issuance of the permit was given in accordance with the municipality’s land use bylaw.   

SUBDIVISION APPLICATIONS 

• Complete Subdivision Applications (Section 653.1):• A subdivision authority must within 20 days after receipt of an

application for subdivision approval determine whether the application is complete.  This time period may be extended by an agreement in writing between the applicant and subdivision authority, or in accordance with the municipality’s land use bylaw.

• If no decision is made within 20 days or within some other time period agreed to, the application is deemed to be complete.

• If the subdivision authority determines that the application is complete, the subdivision authority must issue an acknowledgment that the application is complete. 

• If the subdivision authority determines that the application is incomplete, the subdivision authority must issue a notice that the application is incomplete and that any outstanding documents and information referred to in the notice must be submitted by a date set out in the notice or a later date agreed upon in order for the application to be considered complete.  If the information is not submitted on or before the set date, the application is deemed refused.  In this case, the subdivision authority must issue a notice that the application has been refused and the reason for refusal.

•  A decision of the subdivision authority is required to state:• Whether an appeal lies to the SDAB or the MGB; and• If an application for subdivision approval is refused, the reasons

for the refusal.

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• Subdivision Approval: In addition to the prior requirements under Section 654, the subdivision authority must not approve an application for subdivision approval unless the proposed subdivision confirms to the provisions of any growth plan under Part 17.1 of the MGA.

DEVELOPMENT APPLICATIONS 

• Complete Development Applications (Section 683.1):• A development authority must within 20 days after receipt of an

application for a development permit determine whether the application is complete.  This time period may be extended by an agreement in writing between the applicant and development authority, or in accordance with the municipality’s land use bylaw.

• If no decision is made within 20 days or within some other time period agreed to, the application is deemed to be complete.

• If the development authority determines that the application is complete, the development authority must issue an acknowledgment that the application is complete. 

• If the development authority determines that the application is incomplete, the development authority must issue a notice that the application is incomplete and that any outstanding documents and information referred to in the notice must be submitted by a date set out in the notice or a later date agreed upon in order for the application to be considered complete.  If the information is not submitted on or before the set date, the application is deemed refused.  In this case, the development authority must issue a notice that the application has been refused and the reason for refusal.

• The 40 day time period during which a development authority must make a decision on the application for a development permit starts from the date of receipt by the applicant of an acknowledgement of

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{ Modernized municipal laws ensure accountability and collaboration, while helping to build stronger communities.

https://www.alberta.ca/release.cfm?xID=488517BFBC877-B…

completeness issued in accordance with section 683.1 or in accordance with the municipality’s land use bylaw.

HIERARCHY OF PLANS

• Plans Consistent (Section 638): The MGA now identifies a hierarchy of statutory plans whereby, to the extent of a conflict or inconsistency:

• An intermunicipal development plan will prevail over a municipal development plan, area structure plan or area redevelopment plan;  and

• A municipal development plan will prevail over an area structure plan or area redevelopment plan.

If you have questions with respect to this bulletin, please contact any member of our Municipal Team.

http://brownleelaw.com/municipal-public-sector/

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20 Dec 2017 Prescilla Thompson

20

Written by Keegan Rutherford

On October 26, 2017, the Province approved three Orders in Council, proclaiming the majority of the amendments to the Municipal Government Act (the “MGA”) into force either as of October 26, 2017, January 1, 2018 or April 1, 2018. 

To see a summary of the MGA amendments which came into force on October 26, 2017, please see our article entitled Select MGA Amendments Proclaimed – What does that mean for you right now?

The second round of MGA Amendments show how the provisions in force on January 1, 2018, will impact you.

U a

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This article focuses on the MGA amendments in force as of January 1, 2018. The amendments to the MGA are significant, and this article focuses on those changes in force on January 1, 2018 and most likely to affect the regular operations and practices of municipalities.  If you require further assistance in determining which amendments are currently in force, and what these changes mean for your municipality, please contact one of our Municipal Team members.

ASSESSMENT OF PROPERTY

• Designated Industrial Property (Section 284(f.01)): A new property type is now provided under Part 9 (Assessment of Property) of the MGA. “Designated Industrial Property” is defined to include facilities regulated by the Alberta Energy Regulator, Alberta Utilities Commission, or the National Energy Board; linear property; and property designated as a major plant by the regulations.

• Preparation of Assessment (Sections 289 and 292):  Assessments must be prepared by either a provincial or municipal assessor (or their delegate). Assessment of “Designated Industrial Property” is the responsibility of the provincial assessor. The municipal assessor is responsible for all other property in the municipality. Required qualifications for assessors are provided under the Qualifications of Assessor Regulation, AR 233/2005.

• Assigning Assessment Classes to Property (Section 297): Municipal councils continue to be able to, by bylaw, divide class 1 into sub-classes on any basis they consider appropriate and, if they choose to do so, the assessor may assign one or more sub-classes to property in class 1. Under Section 297(2.1), a municipal council may now, by bylaw, divide class 2 into the sub-classes prescribed under the Matters Relating to Assessment Sub-Classes Regulation, AR 202/2017.

The sub-classes provided under the noted regulations include: a) vacant non-residential property; b) small business property; c) other non-residential

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property. “Small Business Property” means property in the municipality other than “Designated Industrial Property”, that is owned or leased by a business operating in the municipality, which has fewer than 50 full-time employees across Canada or a lesser number of employees as set out in a municipal bylaw as at December 31 or an alternative date established in a municipal bylaw.

Under the regulations noted, the tax rate set for class 4 “machinery and equipment” must be equal to the tax rate set for “other non-residential property” noted above, in order to raise the revenue required under Section 353(2)(a) of the MGA, which is  to be used toward the payment of expenditures and transfers set out in the budget of the municipality. Further, the regulations provide that the tax rate set for “small business property” noted above must not be less than 75% of the tax rate for “other non-residential property” and must not be greater than the rate set for “other non-residential property”.

• Assessment Notices (Sections 308 - 311): Assessors must annually set a notice of assessment date, which must be no earlier than January 1 and no later than July 1. The assessor must also set additional notice of assessment dates for amended and supplementary notices. Dates for the amended and supplementary notices cannot be later than the date tax notices are required to be sent under Part 10 of the MGA (being before the end of the year in which taxes are imposed). Under Section 310, assessment notices must be sent no later than July 1 of each year and must be sent at least 7 days prior to the notice of assessment date. A designated officer must certify the date on which the assessment notice is sent.

• Supplementary Assessment (Sections 314 - 315): The municipal assessor must prepare supplementary assessments for machinery and equipment used in manufacturing and processing if those improvements are operational in the year in which they are to be taxed. Operational in respect of machinery and equipment is defined under

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Section 2(3)(b) of Matters Relating to Assessment and Taxation Regulation, 2018, AR 203/2017. The requirement to prepare supplementary assessments for other improvements, that are not “Designated Industrial Property” remain the same under Section 314 of the MGA and are the responsibility of the municipal assessor.

Before the end of the year in which supplementary assessments are prepared, the municipality must prepare a supplementary assessment roll, which must show, for each of assessed improvement, the following: a) the same information required to be shown on the assessment roll; b) in the case of an improvement, the date that the improvement i) was completed, occupied or moved into the municipality, or ii) became operational.

• Supplementary Assessment Notices (Sections 316 and 316.1): Other than for “Designated Industrial Properties”, municipalities must prepare a supplementary assessment notice for every assessed improvement shown on the supplementary assessment roll referred to in section 315(1) and send the supplementary assessment notices to the assessed persons before the end of the year in which supplementary assessments are prepared. Supplementary assessment notices must show, for each assessed improvement, the following: a) the same information that is required to be shown on the supplementary assessment roll; b) the notice of assessment date; c) a statement that the assessed person may file a complaint not later than the complaint deadline; (d) information respecting filing a complaint in accordance with the regulations.

• Access to Assessment Records (Sections 299 and 300): An assessed person may ask the municipality to let them see or receive a) information showing how the municipal assessor prepared the assessment for their property; and/or b) a summary of the most recent assessment of any assessed property in the municipality of which they are not the owner.  The municipality must comply with a request regarding a summary of the most recent municipal assessment and

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such must include the information detailed under Section 300(2). Except where a complaint is filed under Section 461 of the MGA and the municipality is not obligated to respond to that request until the complaint has been heard and decided by an assessment review board, the municipality must also comply with a request by the assessed person relating to their own property. Municipalities may also request that similar information be provided to the municipality by the provincial assessor for “Designated Industrial Property” within the municipality.

TAXATION

• Assessment and Taxation of Farm Buildings (Matters Relating to Assessment and Taxation Regulation, 2018): Over the next 5 years, owners in both urban and rural municipalities will receive a tax exemption on farm buildings under the regulations (assessed at 50% in urban and completely exempt in rural).

• Maximum Tax Ratio (Section 358.1): Effective as of May 31, 2016, non-residential tax rates cannot be more than 5 times higher than residential tax rates in any municipality. There is a grandfathering provision applicable to “non-conforming municipalities” which have tax ratios greater than 5:1, as calculated using tax rates set out in its most recently enacted property tax bylaw as at May 31, 2016. The tax ratio “cap” for non-conforming municipalities is the tax ratio as of that date. However, if a non-conforming municipality’s tax ratio is lower than its previous “cap” in any subsequent year, that new ratio becomes the new “cap” thereafter. If at any time a non-conforming municipality’s tax ratio falls below 5:1, its new “cap” after that point will be 5:1.

• Brownfield Tax Incentives (364.1): Municipal councils may now, by way of bylaw or agreement, provide for full or partial exemptions from taxation or defer the collection of tax for “Brownfield Properties” for the purpose of encouraging development or redevelopment for the general benefit of the municipality. A “Brownfield Property” is defined as

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property other than “Designated Industrial Property” that is a commercial or industrial property when the bylaw is made or the agreement is entered into, or was a commercial or industrial property at any earlier time and, in the opinion of the council making the bylaw: i) is, or possibly is, contaminated; ii) is vacant, derelict or under-utilized; and iii) is suitable for development or redevelopment for the general benefit of the municipality when a bylaw is made or an agreement is entered into. Requirements for such bylaws and agreements are provided under Section 364.1(3) and 364.1(12) of the MGA respectively and each requires a public hearing in accordance with Section 230 after giving notice of it in accordance with Section 606.

• Supplementary Property Tax Bylaw (Section 369(2.01)) – A municipal council may pass a bylaw authorizing it to impose a supplementary tax for “Designated Industrial Property” if it passes a bylaw authorizing it to impose a supplementary tax in respect of all other property in the municipality.

ASSESSMENT REVIEW BOARDS 

• Board Constitution and Jurisdiction (Sections 454, 460.1(1) and 460.1(2)): Municipal councils must by bylaw establish both local assessment review boards (“LARBs”) and composite assessment review boards (“CARBs”). Neither of these boards has jurisdiction to deal with complaints about “Designated Industrial Property”, which are to be heard by the Municipal Government Board. For reference:

•• LARBs have jurisdiction to hear complaints about any matter

referred to in Section 460(5) that is shown on a) an assessment notice for residential property with 3 or fewer dwelling units or farmland, or b) a tax notice other than a property tax notice, business tax notice or improvement area notice; and

• Subject to not being able to deal with complaints relating to “Designated Industrial Property” or about an amount prepared by

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the Minister under Part 9 of the MGA as the equalized assessment for a municipality (Section 460(14)), CARBs have jurisdiction to hear complaints about a) any matter referred to in Section 460(5) that is shown on i) an assessment notice for property other than those described above with respect to LARBs, or ii) a business tax notice or improvement tax notice, or b) a designated officer’s decision to refuse to grant an exemption or deferral of taxes relating to a “Brownfield Property”.

• Judicial Review (Section 470 and 508.1): Decisions by both the MGB and assessment review boards can now be challenged by way of an application for judicial review before the Court of Queen’s Bench. This means that: 1) there is no leave requirement, so the process only consists of one step now; 2) a broader range of questions can be challenged; and 3) a challenge may be brought within 60 days after the date of a decision by these bodies as opposed to the 30 days previously.

SUBDIVISION AND DEVELOPMENT APPEAL BOARDS (“SDAB”)

• Board Composition (Section 627):  Unless authorized by an order of the Minister of Municipal Affairs, a panel of a SDAB hearing an appeal must not have more than one councillor as a member.  

• Immunity (Section 628.1(1)): SDAB members are not personally liable for anything done or omitted to be done in good faith when performing their duty or functions under Part 17 of the MGA. Further, no SDAB member will be liable for costs by reason of or in respect of either an application for permission to appeal or an appeal under Part 17 of the MGA.

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From: [email protected] Date: December 14, 2017 at 4:17:29 PM MST Subject: Fuel management work near Middle Springs and debris pile burning at Mannix Pit

Parks Canada and the Town of Banff are continuing fuel management work, by selectively removing trees and downed woody debris and limbing trees, in prioritized areas. Reducing the accumulation of forest vegetation lowers the risk of wildland fire to facilities and the Town of Banff. This fall, Parks Canada crews have been working in the Fenlands and Valley View areas. They will now be moving to the Middle Springs area before working near the Golf Course in the new year. Starting as soon as December 15, 2017, crews will remove coarse woody debris and small-diameter trees from the area directly below Middle Springs Drive (see photo, below). Impacts of this work will include some noise and temporary closures. Debris from these operations will be burned on site or removed for disposal. Burning will be planned during good venting conditions. Residents with extreme smoke sensitivity can be added to a notification list by contacting [email protected]

Permits are still available for collecting firewood from the Valley View area and will also be issued for the Middle Springs area. Residents of the Town of Banff may apply for a permit to collect pre-cut firewood at the Banff Warden Office (216 Hawk Ave.) during regular office hours. Removal of wood without a permit is unlawful.

In addition, a large debris pile will be burned at Mannix Pit, located approximately 3 km west of Castle Junction adjacent to the Trans Canada Highway, in the new year.

Fire Information - Banff National Park

General Inquiries | Renseignements généraux

[email protected]

Government of Canada | Gouvernement du Canada

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Regular Town of Banff Council Meeting November 27, 2017 Page 103

Approved: December 11, 2017

Minutes approved by:

MINUTES OF THE REGULAR MEETING OF COUNCIL of the Town of Banff in the Province of Alberta

Town Hall Council Chamber Monday, November 27, 2017 at 2:00 pm

COUNCIL MEMBERS PRESENT Karen Sorensen Mayor Ted Christensen Councillor and Acting Mayor Corrie DiManno Councillor and Deputy Mayor Chip Olver Councillor Peter Poole Councillor Brian Standish Councillor COUNCIL MEMBERS ABSENT Grant Canning Councillor

ADMINISTRATION PRESENT Kelly Gibson Director, Corporate Services, Acting Town Manager Chris Hughes Manager, Finance Randall McKay Director, Planning and Development Dave Michaels Development Planner Larissa Barlow Communications Specialist Connie Grace Destination Events Coordinator Janice Carson Senior Communications Specialist Diana Waltmann Director, Communications and Marketing Adrian Field Director, Engineering Tara Johnston-Lee Municipal Clerk (Recorder)

1.0 CALL TO ORDER

The Mayor called the November 27, 2017 meeting to order at 2:00 p.m.

2.0 APPROVAL OF AGENDA 2.1 Regular Meeting Agenda

Moved by Councillor DiManno that council approve the agenda for the November 27, 2017 regular meeting of council with the following amendments:

• Under Unfinished Business add 6.1 Motion – Councillor Standish CARRIED

2.2 2017 Council Workplan

Received as information.

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Regular Town of Banff Council Meeting November 27, 2017 Page 104

Approved: December 11, 2017

Minutes approved by:

3.0 ADOPTION OF PREVIOUS COUNCIL MINUTES 3.1 Minutes of the November 13, 2017 Regular Meeting of Council

Moved by Councillor Christensen that council adopt the minutes of the November 13, 2017 regular meeting of council as presented.

CARRIED

4.0 DELEGATIONS 4.1 Banff Marathon – Paul Regensburg, Event Director

The presentation was received as information and the presentation slides added to the agenda package for this meeting.

5.0 PUBLIC INPUT ON AGENDA ITEMS None received.

6.0 UNFINISHED BUSINESS 6.1 Motion – Councillor Standish

Councillor Standish gave notice of this motion at the November 13, 2107 regular meeting of council.

Moved by Councillor Standish that in accordance with section 5.4(b) of Flag Protocol Policy C1001, the flag be flown at half-mast on the day of the memorial service (December 15, 2017) for former Town of Banff Councillor Bill Roberge.

CARRIED

7.0 BYLAWS AND STAFF REPORTS 7.1 2018 Temporary Borrowing Bylaw 247-12.

Moved by Councillor Olver that council give first reading to 2018 Temporary Borrowing Bylaw 247-12. CARRIED

Moved by Councillor Standish that council give second reading to 2018 Temporary Borrowing Bylaw

247-12. CARRIED

Moved by Councillor Christensen that council go to third reading of 2018 Temporary Borrowing Bylaw

247-12. CARRIED

Moved by Councillor Olver that council give third reading to 2018 Temporary Borrowing Bylaw 247-12.

CARRIED

7.2 Bylaw 388 -2018 Fees and Charges and Bylaw 389 Land Use Bylaw Amending Bylaw – Development Fees

Moved by Mayor Sorensen that council give first reading to Bylaw 388 – 2018 Fees and Charges. CARRIED

Moved by Councillor Olver that council direct administration to post Bylaw 388 on banff.ca for public

feedback. CARRIED

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Regular Town of Banff Council Meeting November 27, 2017 Page 105

Approved: December 11, 2017

Minutes approved by:

Moved by Councillor DiManno that council give first reading to Bylaw 389 - Land Use Bylaw Amending

Bylaw – Development Fees Amendment. CARRIED

Moved by Councillor Standish that council schedule and advertise for a public hearing for Bylaw 389 for

Monday, December 18, 2017 at 2:00 p.m. CARRIED

7.3 Bylaw 420 – Land Use Bylaw Amending Bylaw – Cannabis and Cannabis Related

Businesses Definitions Moved by Councillor Standish that council give first reading to Bylaw 420 - Town of Banff Land Use

Bylaw Amending Bylaw – Cannabis and Cannabis Related Businesses Definitions. CARRIED

Moved by Mayor Sorensen that council schedule and advertise for a public hearing for Bylaw 420 for

Monday, February 12, 2018 at 2:00 p.m. CARRIED

7.4 Public Board Member Appointments

Moved by Councillor Standish that council move in camera at 2:40 p.m. to consider public member selection in accordance with the provisions of Section 17(4)(g)(i) (unreasonable invasion of third party’s personal privacy) of the Freedom of Information and Protection of Privacy Act.

CARRIED

Moved by Mayor Sorensen that council return to the public meeting at 2:53 p.m. CARRIED

Moved by Councillor Standish that council appoint Raymond Horyn to the Development Appeal Board

for a one year term expiring at the 2018 annual organizational meeting of council.

Moved by Councillor Poole that council amend motion COU17-311 by removing the words “Raymond Horyn” and replacing them with “Zahra Soar”

DEFEATED Poole and Christensen in favour

The vote followed on motion COU117-311: that council appoint Raymond Horyn to the Development Appeal Board for a one year term expiring at the 2018 annual organizational meeting of council.

CARRIED Poole opposed

Moved by Councillor Olver that council appoint Zahra Soar to the Banff Public Library Board for a

three year term expiring at the 2020 annual organizational meeting of council. CARRIED

7.5 Website and Social Media Update

The report was received as information.

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Regular Town of Banff Council Meeting November 27, 2017 Page 106

Approved: December 11, 2017

Minutes approved by:

7.6 Update on RCMP Musical Ride

The report was received as information.

7.7 Summer 2017 Communications Strategies Outcomes The report was received as information and the Visitor Experience Communications 2017 Campaign Report was added to the agenda package for this meeting.

7.8 Banff Local Transit Service Review The report was received as information.

8.0 COMMITTEE AND BOARD REPORTS 8.1 Minutes of the September 28, 2017 Meeting of the Bow Valley Regional Housing Board

Received as information.

8.2 Minutes of the August 31, 2017 Meeting of the Community Art Committee Received as information.

9.0 CORRESPONDENCE There was no correspondence.

10.0 NEW BUSINESS None considered.

11.0 PUBLIC INPUT ON AGENDA ITEMS None received.

12.0 ADJOURNMENT Moved by Councillor DiManno that council adjourn the November 27, 2017 regular meeting of council

at 3:55 p.m. CARRIED

_____________________ _______________________ Karen Sorensen Tara Johnston-Lee Mayor Municipal Clerk

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Regular Town of Banff Council Meeting December 11,, 2017 Page 107

Approved: December 18, 2017

Minutes approved by:

MINUTES OF THE REGULAR MEETING OF COUNCIL of the Town of Banff in the Province of Alberta

Town Hall Council Chamber Monday, December 11, 2017 at 2:00 pm

COUNCIL MEMBERS PRESENT Karen Sorensen Mayor Grant Canning Councillor Ted Christensen Councillor and Acting Mayor Corrie DiManno Councillor and Deputy Mayor Chip Olver Councillor Brian Standish Councillor COUNCIL MEMBERS ABSENT Peter Poole Councillor

ADMINISTRATION PRESENT Robert Earl Town Manager Randall McKay Director, Planning and Development Jennifer Laforest Planner Chad Townsend Manager, Environmental Services Adrian Field Director, Engineering Diana Waltmann Director, Communications and Marketing Alison Gerrits Director, Community Services Darren Enns Manager, Development Services Paul Godfrey Director, Operations Jill Harrison Community Development Coordinator Colin Harris Recreation Initiatives Coordinator Tara Johnston-Lee Municipal Clerk (Recorder)

1.0 CALL TO ORDER

The Mayor called the December 11, 2017 meeting to order at 2:00 p.m.

2.0 APPROVAL OF AGENDA 2.1 Regular Meeting Agenda

Moved by Councillor Olver that council approve the agenda for the December 11, 2017 regular meeting of council as presented.

CARRIED

2.2 2017 Council Workplan Received as information.

3.0 ADOPTION OF PREVIOUS COUNCIL MINUTES 3.1 Minutes of the November 27, 2017 Regular Meeting of Council

Moved by Councillor Christensen that council adopt the minutes of the November 27, 2017 regular meeting of council as presented.

CARRIED

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Regular Town of Banff Council Meeting December 11,, 2017 Page 108

Approved: December 18, 2017

Minutes approved by:

4.0 DELEGATIONS There were no delegations.

5.0 PUBLIC INPUT ON AGENDA ITEMS

5.1 Doug McConnery – JK Bakery – 2018 Fees and Charges – Sidewalk Seating/Cafes Received as information and added to the agenda package for this meeting.

5.2 Andy and Bill Chrisanthopoulos – Barpa Bills - 2018 Fees and Charges – Sidewalk Seating/Cafes Received as information and added to the agenda package for this meeting.

6.0 UNFINISHED BUSINESS None considered.

7.0 BYLAWS AND STAFF REPORTS 7.1 Bylaw 388 -2018 Fees and Charges

Councillor Canning declared a pecuniary conflict of interest on the subject of sidewalk seating and left the meeting for the discussion on the topic at 2:07 p.m. Councillor Canning returned to the public meeting at 2:23 p.m.

Moved by Mayor Sorensen that council give second reading to Bylaw 388 –Fees and Charges Bylaw

2018.

Councillor Canning left the public meeting at 2:25 p.m.

Moved by Mayor Sorensen that council amend motion COU17-317 by inserting the words in underline: “that council give second reading to Bylaw 388 – Fees and Charges Bylaw 2018 with the following amendment:

• Amend Schedule O – Sidewalk Seat/Café. CD District line by changing the 2018 fee from “$1500” to read “To be determined”.

CARRIED DiManno opposed

The vote followed on motion COU17-317 as amended: that council give second reading to Bylaw 388 – Fees and Charges Bylaw 2018 with the following amendment:

• Amend Schedule O – Sidewalk Seat/Café. CD District line by changing the 2018 fee from “$1500” to read “To be determined”.

CARRIED

Moved by Mayor Sorensen that council give third reading to Bylaw 388 – Fees and Charges Bylaw 2018 as amended:

• Schedule O – Sidewalk Seat/Café. CD District line - 2018 fee changed from “$1500” to read “To be determined”.

CARRIED

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Regular Town of Banff Council Meeting December 11,, 2017 Page 109

Approved: December 18, 2017

Minutes approved by:

Moved by Mayor Sorensen that council direct administration to suspend the sidewalk seating application process until such time that the 2018 fee for Sidewalk Seat/Café. CD District is established.

CARRIED

Moved by Councillor Standish that council direct administration to return to council with fee options for sidewalk seating related to licenced versus non-licenced establishments.

CARRIED

Moved by Councillor Standish that council direct administration to return to council with fee options for sidewalk seating related to the number of tables and chairs.

CARRIED

Councillor Canning returned to the public meeting at 2:44 p.m.

7.2 2019 Winter Cycling Congress Bid Involvement Moved by Councillor DiManno that council endorse the City of Calgary’s bid to host the 2019 Winter

Cycling Congress and, if successful, commit staff time to planning and hosting a field trip visit as part of the event.

CARRIED

7.3 2017 Capital Project Update – Fourth Quarter The report was received as information.

7.4 Food Security Initiatives Update The report was received as information.

7.5 Nature Oriented Outdoor Children’s Programming The report was received as information.

8.0 COMMITTEE AND BOARD REPORTS

8.1 Minutes of the November 8, 2017 Meeting of the Municipal Planning Commission Received as information.

9.0 CORRESPONDENCE

None received.

10.0 NEW BUSINESS None considered.

11.0 PUBLIC INPUT ON AGENDA ITEMS None received.

12.0 ADJOURNMENT Moved by Councillor DiManno that council adjourn the December 11, 2017 regular meeting of council

at 3:30 p.m. CARRIED

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Regular Town of Banff Council Meeting December 11,, 2017 Page 110

Approved: December 18, 2017

Minutes approved by:

_____________________ _______________________ Karen Sorensen Tara Johnston-Lee Mayor Municipal Clerk

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Public Hearing and Regular Town of Banff Council Meeting December 18, 2017 Page 111

Unapproved

Minutes approved by:

MINUTES OF THE PUBLIC HEARING AND REGULAR MEETING OF COUNCIL of the Town of Banff in the Province of Alberta

Town Hall Council Chamber Monday, December 18, 2017 at 2:00 pm

COUNCIL MEMBERS PRESENT Karen Sorensen Mayor Grant Canning Councillor Ted Christensen Councillor and Acting Mayor Corrie DiManno Councillor and Deputy Mayor Chip Olver Councillor Peter Poole Councillor Brian Standish Councillor COUNCIL MEMBERS ABSENT

ADMINISTRATION PRESENT Robert Earl Town Manager Darren Enns Manager, Development Services Kelly Gibson Director, Corporate Services Paul Godfrey Director, Operations Tara Johnston-Lee Municipal Clerk (Recorder)

1.0 CALL TO ORDER

The Mayor called the December 18, 2017 meeting to order at 2:00 p.m.

2.0 PUBLIC HEARINGS 2.1 Procedures The Mayor outlined the public hearing process. 2.2 Public Hearing for Bylaw 389 – Land Use Bylaw Amending Bylaw – Development Fees

1. Introduction The Mayor opened the public hearing for Bylaw 389 – Land Use Bylaw Amending Bylaw – Development Fees

2. Confirmation of Advertising and Notice of Hearing The Municipal Clerk confirmed that advertising and notice of public hearing was given pursuant to the Municipal Government Act.

3. Staff Report Administration provided the context and background of the bylaw. 4. Council Question Period Council was provided the opportunity to ask questions of administration.

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Public Hearing and Regular Town of Banff Council Meeting December 18, 2017 Page 112

Unapproved

Minutes approved by:

5. Public Input, Verbal No verbal public input was received. 6. Public Input, Written No written public input was received.

7. Closing of Public Hearing The Mayor called for a third and final time for speakers and asked that all written submissions be brought forward. There were none. The Mayor closed the public hearing at 2:10 p.m.

3.0 APPROVAL OF AGENDA 3.1 Regular Meeting Agenda

Moved by Councillor DiManno that council approve the agenda for the December 18, 2017 regular meeting of council with the following amendment

• Under New Business add 11.1 Update on Outdoor rink. CARRIED

3.2 2017 Council Workplan Received as information.

4.0 ADOPTION OF PREVIOUS COUNCIL MINUTES 4.1 Minutes of the December 11, 2017 Regular Meeting of Council

Moved by Councillor Standish that council adopt the minutes of the December 11, 2017 regular meeting of council as presented.

CARRIED

5.0 DELEGATIONS There were no delegations.

6.0 PUBLIC INPUT ON AGENDA ITEMS None received.

7.0 UNFINISHED BUSINESS None considered.

8.0 BYLAWS AND STAFF REPORTS 8.1 Property Tax Exemption

Moved by Mayor Sorensen that council move in camera in accordance with Section 18 of the Freedom of Information and Protection of Privacy Act to discuss the application at 2:12 p.m.

CARRIED

The Town Manager and Director, Corporate Services remained in camera with council to answer questions on the application.

Moved by Mayor Sorensen that council return to the public meeting at 2:24 p.m. CARRIED

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Public Hearing and Regular Town of Banff Council Meeting December 18, 2017 Page 113

Unapproved

Minutes approved by:

Moved by Councillor Olver that council approve the application to exempt roll 000045 from all property taxes under the provincial Community Organization Property Tax Exemption regulation (COPTER) and the Municipal Government Act.

CARRIED

8.2 September Economic Impact Update The report was received as information.

9.0 COMMITTEE AND BOARD REPORTS None considered.

10.0 CORRESPONDENCE None received.

11.0 NEW BUSINESS 11.1 Update on Outdoor Rink Administration provided that approximately 6 cm of ice is needed to skate on. Once 15 cm of snow has accumulated it will start to be compacted and flooded.

12.0 PUBLIC INPUT ON AGENDA ITEMS None received.

13.0 ADJOURNMENT Moved by Councillor Canning that council adjourn the December 18, 2017 regular meeting of council at

2:27 p.m. CARRIED

_____________________ _______________________ Karen Sorensen Tara Johnston-Lee Mayor Municipal Clerk

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Monthly Bulletin

December 2017

ACTIVE INITIATIVES

Our New Lodge has opened in Canmore!!

Housing Needs Study

Our study is still in its data collection phase. The project schedule anticipates completion early next year, subject to the availability of key census data.

RATES OF OCCUPANCY

Bow River Lodge 96% occupancy Cascade House 90% occupancy Bow River Homes 100% occupancy Mount Edith House 94% occupancy Community Housing 93% occupancy Rent Supplement 100% subscription

SPECIAL PROJECTS

Bow River Lodge Redevelopment “This is Home”

Schedule:

Phase 1: Residents moved into the new building over the course of three days between December 6 and 8, 2017! Minor deficiency work continues.

Phase 2: Substantial planning is expected to commence shortly. Construction on

this phase cannot start until Phase 1 is fully operational. Design:

Phase 2: This facility will be designed to meet the needs of designated supportive living level 4 and dementia operations, including enhanced safety and care-provision considerations. Alberta Health Services (AHS) has provided design guidelines that the facility must consider to secure a Designated Supportive Living (DSL) agreement, which is the goal to meet the current and future needs of the people of the region. Next steps include Project Approvals, Project Coordination, and negotiation of an Agreement with AHS. A Request for Proposals (RFP) for architectural services has been developed for release once all required approvals are in place.

Economics:

Phase 1: Alberta Seniors’ Housing has paid 100% of the capital project costs. BVRH will furnish, equip and maintain the facility at a cost of approximately $200,000. The current total project cost estimate is $12.3 million.

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Phase 2: The current capital cost range is estimated between $16 million and $19 million; the Government of Alberta has committed $16 million to date. BVRH is responsible for the furniture and equipment for the facility, which we will fund through a combination of fundraising and financing, including municipal requisition. It is expected that this development will improve our operating model to the point that we are able to achieve much greater economies of scale, thereby significantly reducing the need to requisition for operating costs at Bow River Lodge in the future.

ABOUT BOW VALLEY REGIONAL HOUSING

Bow Valley Regional Housing (BVRH) is a Housing Management Body (HMB) for the Government of Alberta. The Provincial Government created HMBs to serve as operators and administrators of provincially owned social housing facilities. The Province owns a large portfolio of these facilities through the Alberta Social Housing Corporation (ASHC), serving many needy and vulnerable Albertans. Each HMB is self-governing under the Alberta Housing Act, managing the ASHC assets in a particular region. Each region is comprised of multiple municipalities, improvement districts, etc. HMBs may operate other kinds of housing and may own buildings that house accommodation programs. Every municipality in Alberta is a contributing member of their regional HMB. They are required to have at least one appointee on the governing board, which is responsible for acting in the best interests of the HMB. The board must consider the needs of each contributing municipality in its governance of the HMB. HMB operations are funded through various means. Tenants pay rent and/or lodge fees, however since these are set at affordable rates the revenues cannot cover the costs of operations. Seniors Lodge deficits are funded through municipal ratepayer requisitions and provincial grants. Social Housing deficits (including independent seniors housing and community housing) are funded by Alberta Seniors and Housing.

As the HMB for the Bow Valley region, we are responsible for social housing, as well as affordable supportive living accommodation for seniors throughout Kananaskis Country, the Bow Corridor, the MD of Bighorn and all of Banff National Park, an area covering about 13,500 square kilometres. This region has two towns and seven hamlets containing about 25,000 people. Our five contributing municipalities are Kananaskis ID, MD of Bighorn, Town of Canmore, Town of Banff and Banff National Park ID9. The people of the region are able to access all of the programs we offer, subject to eligibility requirements.

The BVRH Mission Statement

Bow Valley Regional Housing commits to provide accommodation services for the Bow Valley region seniors and residents of modest means who struggle to secure and maintain appropriate housing.

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We manage: seniors’ lodges in Canmore and Banff that currently house up to 85 residents an expansion project underway at our lodge in Canmore will increase capacity

and greatly improve the standard of living for the residents of the lodge a second phase of the expansion project that will introduce designated supportive

living to the region by way of approximately 60 beds that will provide appropriate accommodations to our vulnerable seniors while alleviating pressures in local hospitals

seniors’ independent housing buildings in Canmore and Banff that include 62 one-bedroom apartments

58 family housing residences in Canmore Interim relief housing for one household displaced by the June 2013 flooding the Rent Supplement Program in the region that currently provides financial

assistance to approximately 40 Bow Valley households We are building!

Construction is nearing completion on a new lodge addition in Canmore with 63 residential units, new kitchen facilities, and more

Planning is underway for a high level care facility in Canmore with 60 care units and all required amenity spaces

Visioning is underway for the conversion of a 15-unit wing from lodge accommodation to seniors’ self-contained housing for low-income independent seniors.

Visioning is underway for the re-profiling of a part of the Bow River Lodge site to increase the number of senior’s self-contained units while adding other affordable housing options.

All told, we currently house, or help to house more than 400 residents of the Bow Valley in eight permanent and one interim housing projects encompassing 36 separate buildings between three separate communities.

We are a self-governing body. We collaborate with two provincial ministries and five municipal governments, along with numerous local and community agencies to provide and promote safe and appropriate housing to our region.

The BVRH Vision Statement

Bow Valley Regional Housing aspires to collaborate with relevant agencies to ensure that suitable programming that will mitigate the housing needs of our client base is available. We will: Make decisions and recommendations using relevant and valid data regarding

community trends and housing needs. Obtain funding to develop infrastructure that meets identified needs for social and

senior’s affordable housing programs. Embrace operating principles that incorporate innovation, service excellence and best

practices. Attract and retain highly qualified and caring staff.

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BVRH has approximately 39 employees based in either Bow River Lodge (Canmore) or Cascade House (Banff). Our Administration and Maintenance Teams are based in Canmore but serve all of our operations. We have Housekeeping and Food Service Teams in both of our lodges.

BVRH Values

Service: client-focus; empathy; caring; commitment to quality and; a guiding philosophy of serving our clients in their homes. Integrity and Accountability: high ethics; professionalism; transparency; accountability and; inclusiveness. Efficacy: sustainability; innovation; versatility; collaboration; communication; vision and; resourcefulness.

Information is available on our website at www.bvrh.ca

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December 2017 Occupancy & Waitlist

Report We are currently experiencing some slumping demand for units at Cascade House and Mount Edith House, where supply is greater than immediate demand. These are atypical circumstances, which will be monitored closely to ensure that real demand in the region is able to gain access to our programming.

Bow River Lodge in Canmore Occupancy and waitlist as at December 1, 2017: 53 habitable suites out of the 58 residential suites on site

o The accompanying chart below does not include the 5 suites that are out of commission due to: Phase 1 construction (3) and re-purposing (2)

96% of the habitable suites are occupied or allocated 18 candidate households on the waitlist

Cascade House in Banff Occupancy and waitlist as at December 1, 2017: 21 habitable suites out of the 21 residential suites on site 90% of the habitable suites are occupied or allocated 2 vacancies ready for occupancy 2 candidate households on the waitlist, neither ready to accept the available units.

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Bow River Homes in Canmore Occupancy and waitlist as at December 1, 2017: 28 habitable suites out of the 28 residential suites on site 100% of the habitable suites are occupied or allocated 23 candidate households are on the waitlist.

Mount Edith House in Banff Occupancy and waitlist as at December 1, 2017: 34 habitable suites out of the 34 residential suites on site

o One (1) suite is currently out of commission for post-occupancy rehabilitation o One (1) suite is ready for occupancy, but has not been accepted by our applicants

as they are not currently prepared to move. 94% of the habitable suites are occupied or allocated 6 candidate households are on the waitlist.

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Community Housing in Canmore Occupancy and waitlist as at December 1, 2017: 58 habitable out of the 58 residences in the portfolio

o Two (2) units are currently out of commission for post-occupancy rehabilitation

o Two (2) units are ready for occupancy 93% of the habitable residences are occupied or allocated 26 candidate households are on the waitlist.

Rent Supplement (RS) Programs throughout the Region Subscription and waitlist at December 1, 2017: $20,000 monthly subsidy budget, 100% subscribed, with 36 active clients and 27

candidate households on the waitlist. Province has recently lifted the suspension on adding new clients. Monthly subsidies total approximately $20,000, averaging $550 per client household. Of our active RS client households (unconfirmed):

o 27 live in Canmore o 5 live in Banff

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Overview of BVRH Programs

Ten Projects:

26 properties

6 multi-tenant

complexes

20 stand-alone

houses

~40 supplement

designations

Budget dictated and funded by Alberta

Seniors and Housing

owned by ASHC

Annual operating budget of

approximately $2,878,000

Deficits funded through Municipal requisitions

Annual operating budget of

approximately $381,000

Cascade House

15 houses

Larch Houses

Providing accommodation services for Bow Valley region seniors and residents of modest means who struggle to secure and maintain appropriate housing.

Annual operating budget of

approximately $255,000

owned by ASHC

owned by BVRH

Budget dictated and funded by

Alberta Seniors and Housing

Annual operating budget of

approximately $344,000

Budget dictated and funded by

Alberta Seniors and Housing

21 suites

28 apartments

Rent Supplement*

in Banff in Banff

Cougar Creek Houses

owned by ASHC

5 houses

34 apartments

in Canmore

Mount Edith House

Bow River Lodge Bow River Homes

owned by ASHC

in the local rental market

2 households

Private Landlord

owned by ASHC

30 townhouses

owned by ASHC

~38 households

Cougar Creek Condos

Supportive Housing & Hospitality Programming

Supportive Living

Senior's Self-

in Canmore in Canmore in Canmore

Woodlands Condos

58 suites

A Housing

Management

Body

Two Divisions

Four

Programs

in Canmore

in Canmore

owned by ASHC

58 residences housing ~160 tenants

120 residences and ~40 financial assistance designations, all told housing ~325 people

8 townhouses

BOW VALLEY REGIONAL HOUSING

Social Housing

79 suites housing up to 84 people

62 apartments housing ~65 tenants

Family HousingIndependent Seniors Housing

Housing and Financial Assistance Programming

Community Housing

supporting ~40 rental households

Financial assistance for renters

*Note that rent supplement clients do not live

in BVRH nor ASHC residences; they find other

rental accommodation.

"Our residents do not live in our

workplace. We work in their

homes…"

$3.9 Million

Operating

Budget

Seniors' Lodges

79 suites housing up to 84 residents

Level 2 supportive services and accommodation

in the region living

in the region living

Direct to Tenant

in the local rental market

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Overview of BVRH Organizational Plan

Budgets &

Requisitions

Business Planning

Food Prep Staff

Dining Room Staff

Site Manager

Hospitality Staff

Lodge

Replacement

(Phase One)

BOW VALLEY REGIONAL HOUSING MANAGEMENT BODY

Housing

Coordinator

Cougar Creek

Condos (Canmore)

Larch Houses

(Canmore)

Cougar Creek

Houses (Canmore)

Direct to Tenant

Housekeepers

Food & Beverage

Department

Chief

Administrative

Officer (CAO)

Operations

Manager

Administrative

Support Worker

Accounting

Technician

Journeyman

Tradespeople

Maintenance

Workers

Lodge Activity

Coordinator

CENTRAL SERVICES

MaintenanceAdministration Bow River Lodge Cascade House

Bow River Lodge

Site

Redevelopment

(This is Home)

Housekeeping

Department

Rent Supplement

SENIORS' LODGES SUPPORTIVE

LIVING PROGRAMS

Community

Housing

Bus Drivers

Bow River Homes

(Canmore)

Mount Edith House

(Banff)

Woodlands

(Canmore)

SOCIAL HOUSING PROGRAMS SPECIAL PROJECTS

Seniors' self-

contained

Private LandlordHousekeeping

Manager

Lodge Activities

Personnel Review

Process

redevelopment

Bylaw Review

Site Master

Planning

Other

Policy Review

Housing Needs

Study

Fund Development

Program

Re-profiling of

Houses

DSL4/D Facility

Development &

service expansion

(Phase Two)

BVRH A&B

Redevelopment and

Lodge NE Wing

Conversion (Phase

Three)

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List of commonly used acronyms

AAMD&C Alberta Association of Municipal Districts and Counties FFE Furniture, Fixtures and Equipment

ADM Assistant Deputy Minister GOA Government of Alberta

AHA Alberta Housing Act GOC Government of Canada

AHS Alberta Health Services HMB Housing Management Body

AMA Alberta Municipal Affairs IBI IBI Group

AMH&A Alberta Mental Health & Addictions ID9 Improvement District #9

ANPHA Alberta Non Profit Housing Association ISL ISL Engineering

APHAA Alberta Public Housing Administrators Association KEA KEA Canada

ASCHA Alberta Seniors Citizens Housing Association KID Kananaskis Improvement District

ASHC Alberta Social Housing Corporation KMSS Kenway Mack Slusarchuk Stewart LLP

AUMA Alberta Urban Municipalities Association LTC Long Term Care

BCCF Banff Canmore Community Foundation MD8 Municipal District of Big Horn

BCNPHA BC Non Profit Housing Association MEH Mount Edith House

BHC Banff Housing Corporation MO Ministerial Order

BRH Bow River Homes MSA Master Services Agreement

BRL Bow River Lodge NA Needs Assessment

BVRH Bow Valley Regional Housing PLRS Private Landlort Rent Supplement

BVVSA Bow Valley Victim Services Association RGI Rent Geared to Income

CADAR Capital Asset Development and Acquisition Reserve RS Rent Supplement

CAMR Capital Asset Management Reserve SHAR Social Housing Accommodation Regulation

CAO Chief Administrative Officer SL Supportive Living

CCHC Canmore Community Housing Corp SL1 Supportive Living Level 1

CH Community Housing SL2 Supportive Living Level 2

CHRA Canadian Housing & Renewal Association SL3 Supportive Living Level 3

CNIT Core Need Income Threshold SL4 Supportive Living Level 4

DSL Designated Supportive Living SL4D Supportive Living Level 4/Dementia

DTTRS Direct-to-Tenant Rent Supplement SLA Supportive Living Accommodation

ED Executive Director SLALA Supportive Living Accommodation and Licensing Act

EHC Enhanced Homecare SSC Seniors' self-contained

EOA Expiry of Agreements TOB Town of Banff

FCSS Family and Community Support Services TOC Town of Canmore