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Monday, May 9, 2016

MD Council amends road allowance policy to remove 5 year term


Josh Davis

During the April 12 meeting of the MD of Pincher Creek No. 9’s Municipal Council, an amendment to Policy 312 was addressed.  Councillor Quentin Stevick was on vacation and absent from the meeting. This issue was resolved during council’s April 26 meeting.  Reeve Brian Hammond and councillors Fred Schoening and Terry Yagos were in attendance at that meeting, and councillors Stevick and Garry Marchuk were absent.


Prior to the April 12 meeting the MD was informed by their insurance company that they would prefer it if a $2 million liability insurance for MD road allowances was provided to council annually. Under Policy 312, municipal road allowances may be leased under a License of Occupation (LOC) for agricultural use, provided the applicant obtain permission and approval of bordering landowners. Following the advice of the insurance company, this policy was amended to introduce five year terms on the licenses. Council voted on April 26 to amend policy 312, waiving the five year term. Instead the municipal road allowance would remain leased, provided that applicable fees are paid and the lessee provides proof of two million dollars liability insurance, with notice when insurance is no longer covered, or when circumstances change, such as a change in ownership.

Councillor Yagos moved that council direct administration to prepare a proposed resolution to amend policy 312 that would allow LOC to be issued for an unspecified period of time.

Councillor Schoening requested a recorded vote. The motion was carried with Schoening opposed.

This issue was resolved during Council’s April 26 meeting, during which Reeve Hammond expressed  his concern that the MD was ignoring the advice of their insurance company.

Councillor Terry Yagos moved that the legal opinion and advice from our insurance company, both indicating that preferably proof of two million dollars liability insurance for use of MD Road Allowances be provided to the MD annually, be received, and that Policy 312 be amended to read:

“This license shall continue to be in effect, provided that applicable fees are paid and the Lessee shall provide proof of two million dollars liability insurance, with notice when insurance is no longer covered, as well as providing notice to the MD of Pincher Creek when circumstances change with respect to the License of Occupation (i.e. change of ownership, no longer require the use of the road allowance, etc.).”

Reeve Brian Hammond requested a recorded vote. The motion was carried, with Hammond opposed, and Schoening and Yagos in favour.

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