Bashaw town council balked at final approval for a joint use agreement with Battle River School Division, with councillors wanting clarity on things like injury liability. The discussion was held at the Jan. 2 regular meeting of council.
Chief Administrative Officer (CAO) Theresa Fuller provided councillors with an email response from Battle River School Division (BRSD), which was sent by Imogene Walsh, secretary-treasurer, and Michelle Hagel, executive assistant, and referred a proposed joint use agreement between the municipality and the school division.
It appears such joint use agreements were mandated by the Government of Alberta to reduce duplication and increase efficiency by requiring taxpayer-funded entities such as municipalities and school boards to share their facilities and apparently reduce waste and duplication.
The school board email, dated Dec. 3, 2024, referred to the proposed joint use agreement between the Town of Bashaw and BRSD, specifically clause #9 of the document, which refers to joint use space; BRSD suggested that, “…since we both have joint use properties, clause #9 should be updated.”
That section then went on to define how the two partners would make their joint use spaces available to each other.
Before councillors began the discussion, however, Coun. Kyle McIntosh declared a pecuniary interest and left the meeting. Coun. Jackie Northey asked if the email in question contained all suggested changes from BRSD, to which the CAO responded, “Yes.”
Fuller stated that schedule E of the proposed agreement was “important” for the councillors to examine as this contained rules the Town of Bashaw must follow to use BRSD joint use facilities; Fuller stated that if the town wants to use BRSD joint use spaces there are a lot of requirements and procedures, including proof of liability insurance coverage.
As well, the CAO noted that BRSD referred to “fees” apparently for use of joint use spaces.
The CAO stated that the Town of Bashaw when developing a joint use agreement with BRSD has been much more “informal.”
Coun. Cindy Orom attempted to summarize what she was hearing and reading: if the Town of Bashaw wants to use a school for an event, the town must have its own insurance and pay fees, but if BRSD wants to use a town facility, the school division just needs to phone the town office.
Coun. Northey stated that booking the school for an event can be onerous for the community as there are a lot of requirements.
The CAO pointed out that the Town of Bashaw rarely needs to book the school for any event as the town owns many facilities.
Coun. Orom wondered if, considering the detailed requirements BRSD is asking for in the joint use agreement, the Town of Bashaw should take the same approach. The CAO responded she was comfortable with the existing proposed joint use agreement because the Town of Bashaw rarely needs to use a school board facility.
The discussion then moved to school groups using the Bashaw arena for activities like skating and possible liability for injuries.
Councillors wondered who, in that case, would be liable for an injury, with staff suspecting the user is responsible. However, councillors agreed they wanted that question clearly answered before the joint use agreement is signed.
Coun. Bryan Gust wondered if custodial requirements should be included in the joint use agreement, including for facilities such as the arena and community centre.
It was suggested during discussion that users should be responsible for cleaning up after their own events rather than town staff performing the clean-up.
Rather than approving the draft joint use agreement, councillors instead passed a resolution for Town of Bashaw staff to look into injury liability issues applicable to the proposed agreement.
Stu Salkeld
Local Journalism Initiative reporter
ECA Review