Notes from July 28, 2014 Pincher Creek Town Council meeting

Rotary request to have Town administer theatre project funds denied
Sewer issues referred to Committee of the Whole
Three land use bylaws to go the public hearing
United Steelworkers request to support Westray Act Resolution denied
Council to start a Public Works Committee
Canyon School safe zone for busing to be created
Second quarter reports accepted by Council
Chamber of Commerce asks to take over maintenance of  murals, silhouettes, and Main St. banners
Town to be represented at Cardston Heritage Days Parade
Councillors to attend Olds broadband internet meeting
KBPV hopes to add another historic building to collection (link)


Toni Lucas

Council for the Town of Pincher Creek met on the evening of Monday, July 28, 2014. In attendance were Mayor Don Anderberg and Councillors Adrian Hartman, Wayne Elliott, Mark Barber, Tammy Rubbelke, Lorne Jackson, and Doug Thornton. CAO Laurie Wilgosh, Director of Operations Al Roth, and CFO Wendy Catonio were also in attendance.

Rotary request to have Town administer theatre project funds denied

During the regular meeting of council for the Town of Pincher Creek on Monday, July 28, 2014, Pincher Creek Rotary Club members Scott Korbett and Cliff Elle approached council as a delegation with a request. Rotary is trying to gather funding for a grant to get a feasibility study done for a performing arts theatre in Pincher Creek. Prior to the meeting Korbett sent a letter to Town Council that stated:

"As per our discussion this morning, the Rotary Club of Pincher Creek would like to apply for a Community Enhancement Grant for $75,000 to put towards a feasibility study and architectural drawings for a Performing Arts Theatre. We need to raise $25,000 in order to turn that into a total of $100,000. The intent is to use the money to develop conceptual plans, determine suitable location possibilities and costs associated to build and operate the facility.

Our request to the Town of Pincher Creek at this point is to administer the donations we are asking for and to issue tax receipts for those donations. The Rotary club will make the grant application and administer the funds to the theatre project.

We appreciate the opportunity to work with the Town of Pincher Creek on this endeavor. At this point Rotary is looking to make the first investment into this project financially and hope the Town will allow us to utilize your services to make it happen."

"Our request is very simple from the Town at this point," said Korbett.  "It is to allow us to use your administration to issue tax receipts for our portion of the donation."  Korbett explained that the club members would do the grant applications internally. "We want to keep the town in the loop, and have support in some way, shape or form, but it is not financial support we are after." The Pincher Creek Rotary Club is not currently set up to issue tax receipts.

Councillor Lorne Jackson asked for some clarification. "It sounds like you just want the town to be an administrative agent for this?" Korbett agreed.

"All we want to be able to do is issue a tax receipt for the people that make a donation at this point." Korbett indicated that there was another way for the club to have this done, through the Community Foundation of Lethbridge and Southwestern Alberta if the Town did not agree to the proposal. "It seems cumbersome," said Korbett. Cliff Ellie explained how the setup could work through that foundation.

Later at the meeting council discussed this possibility with administration. CAO Laurie Willgosh said that she could see issues arising as they would not be in control of the funds, "If there is an issue with it, if money isn't spent were it was designated to be spent, then we're held responsible for it." Councillor Doug Thornton was in favour of the Community Foundation of Lethbridge and Southwestern Alberta acting as the agent for the Rotary Club.

CFO Wendy Catonio said that in her tenure as CFO she had not issued tax deductible receipts of this nature and that "In order to do that, you have to file special annual returns, and you have to keep the books for them." She said that she had looked up information on the Canada Revenue Agency website during the time she was at the meeting and quoted the following information from the website:

A charity is responsible for all receipts issued under its name and registration number. It must account for the corresponding donations on its annual information return and in its books and records. Under no circumstances should a registered charity issue donation receipts on behalf of another organization or lend its registration number to another organization for receipting purposes. A charity that lends its registration number may have its receipting privileges suspended and/or lose its registered status.

Council moved to inform the Rotary Club of Pincher Creek that they would be unable to issue tax receipts for the performing arts theatre project based on the information from the Canada Revenue Agency.

Strategic plan approved

In February, 2014 members of Town Council and senior administrative staff attended a two day strategic planning session to help identify a plan of action for the term of this council. The 2011- 2016 Strategic Plan identified specific strategic areas for action including strategic areas for action including Regionalization, Community and Social Needs, Communication, Economic Development, Efficient and Effective Operations and Infrastructure. The session was facilitated by the Positive Culture Company. The council unanimously agreed to approve the strategic plan that was developed as a result of that planning session as presented.

Sewer issues referred to Committee of the Whole

On October 28, 2013 local business owner Celeste Fouillard had an issue when the sewer line backed up into her business. According to Councillor Doug Thornton, the water rose in the basement of the business to approximately 8 inches deep. "I would like to hear the adjuster in particular explain to me why if there was a plug that blocked it up to eight inches deep, why then it may or may not have been on company property, why the council or why the town would not have been...you cannot say we would be negligent if there was a sewage backup," said Thornton. "That's just the way things works sometimes."

A letter from AMSC Insurance Services Ltd. regarding the matter included in the meeting documents said, in part:

Please be advised that the above noted concluded file/claim  has surfaced in discussion with Council for the Town of Pincher Creek. Coveragewas declined by Claimspro with respect to this occurrence on your behalf.  A delegation was received at a regular Council meeting citing new information, alleging that Public Works surreptitiously removed debris from the main.  Further that this debris was the cause of the sewage back up at Celestial Sweets.

Please refer to the enclosed schematic revealing the flow of the gravity mains. Manholes #1 and #2 were checked at the time of the back-up. Manhole #1 was flooded; manhole #2 clear. The only service line between these two locations is Celestial Sweets. This would seem to indicate that the blockage was somewhere between the service line and manhole #2.

Three weeks prior to this, manhole #3 cover had been removed by persons unknown and sticks and debris had been pushed into the main. Although this did not cause flooding same was cleared by Public Works.  It is felt that this was a completely separate incident.  As per the enclosed schematic, it is unlikely that any debris left in the main at manhole #3 would have an effect on Celestial Sweets without manhole #2 being first being flooded.

Council directed administration to invite a representative from the insurance company and Fouillard to the next Committee of the Whole on August 6, 2014.

Three land use bylaws to go the public hearing

Land use bylaw 1547 went through first reading for amendments to T, U and V.

Land use bylaw 1547 T amendments are regarding retaining walls, grading and drainage

1547 U amendments are for the consideration of adding 'business park' to land use district

1547 V is to amend the land use bylaw to re designate a portion in the northeast industrial area from light industrial 12 to business park 13.

All three bylaw amendments were given first reading and unanimously agreed to hold a public hearing for each before proceeding to second and third reading.

Council will not attend Picture Butte Jamboree Days Parade

Council requested administration to send their regrets to Picture Butte Jamboree Days Parade as it id on the day of August 16, 2014 conflicts with Pincher Creek Fair and Rodeo.

United Steelworkers request to support Westray Act Resolution denied

The Town of Pincher Creek received a letter from the United Steelworkers asking for the council to support the Westray Law. This is to hold corporate executives, directors and managers criminally responsible for workplace deaths. This Westray Act came into place in 2004, after the 1992 Westray coalmine explosion in Nova Scotia that killed 26 miners. The United Steel Workers are looking to council to support the Westray Act Resolution and urge the provincial government that there is more education, coordination and dedication required and a better understanding when there is a possibility that Westray Amendment charges are warranted.

Councillor Doug Thornton spoke about the issue. He expressed that he is strongly in support of the Westray Law, however, "I do not believe that it is up to the Town of Pincher Creek to back up a motion that is ready to go before Parliament of Canada and the Solicitor General for Canada. I believe that corporations have to be held responsible for what they are doing, I don't believe this is the proper forum to do it." the motion to support the cause was denied by council.

Council approves Public Works Committee

Town council approved the formation of a Public Works Committee to help create better communications and time management between the Town of Pincher Creek Public Works Department and administration and Council.  Two members of council will be appointed to the Committee.

Canyon School safe zone for busing to be created

Council unanimously agreed to transfer $30,000 from within the 2014 operating and capital budget to be used for an asphalt replacement project to the proposed student pickup and drop off bus area for Canyon School. Councillor Lorne Jackson said, "I am very happy to see this." Operations Manager Al Roth said "It is a result of many discussions back and forth with the Livingstone School Range and us." Roth explained that this funding will be used to "To create a safe zone for the school, busing and the community." This is designed to address problems that were identified by concerned parents and brought forward to council on January 28, 2013 about parking and snow removal at Canyon School.

Second quarter reports accepted by Council

The second quarter reports from the departments of Operations, Finance, Community Services, and from the Chief Administrative Officer were accepted by council.

Chamber of Commerce asks to take over maintenance of murals, silhouettes, and Main Street banners

At the July 8, 2014 Committee of the Whole meeting a request from the Pincher Creek Chamber of Commerce to take over the ongoing maintenance of murals, silhouettes, and the Main Street banners was referred to the Economic Development Committee "for review and recommendation on a priority basis".

Town to be represented at Cardston Heritage Days Parade

At the July 8, 2014 Committee of the Whole meeting it was decided that Council for the Town of Pincher Creek would accept the invitation from the Mayor of Cardston to participate in the Cardston Heritage Days Parade and luncheon on August 9, 2014 and that a member of Council be approved to attend.

Councillors Thornton and Hartman to attend Olds broadband internet meeting

At the July 8, 2014 Committee of the Whole meeting it was agreed that  Councillors Doug Thornton and Adrian  Hartman be approved to make contact with the Town of  Olds and attend  a meeting  regarding broadband internet in preparation  for budget considerations.