Pincher Creek Town Council and COTW notes to November 10, 2014

Toni Lucas and Chris Davis

• Councillor Thornton appointed to new Police Advisory Committee
• Update on Lebel Mansion repairs
• Alleys a focus as winter begins Public Hearings
• FCSS report
• Citizens to be invited to address council
• Westray Act gains Pincher Creek support
• Windy Slopes funding request for emergency room renovation on hold
• Land Use Amendment 1547-T defeated
• Humane Society's request for $20,000 granted
• Town representative to attend Fort Macleod Santa Claus Parade
• Housing Plan going in a Provincial direction

The Town of Pincher Creek Committee Of The Whole (COTW) met on Wednesday, November 5, 2014.  In attendance were Mayor Don Anderberg and Councillors Doug Thornton, Lorne Jackson, Tammy Rubbelke, and Wayne Elliott. Also present were David Green of Family and Community Support Services, Pincher Creek RCMP Detachment Commander Sgt. Randy Dixon, and Town administrative staff.

Council for the Town of Pincher Creek met on the evening of Monday, November 10, 2014. In attendance were Mayor Don Anderberg and councillors Adrian Hartman,  Mark Barber, Tammy Rubbelke,  and Doug Thornton. CAO Laurie Wilgosh was also in attendance. Councillors Wayne Elliott and Lorne Jackson were absent.

Councillor Thornton appointed to new Police Advisory Committee

Pincher Creek RCMP Detachment Commander Sgt. Randy Dixon spoke to council about the newly forming Police Advisory Committee, and also acted as a liaison between council and Alberta Justice and Solicitor General representative Lesley Kelly, who spoke to council via telephone. Sgt. Dixon said the committee would ideally be composed of 8 to 10 people, would meet about 8 times a year, and would  include representation from the Town, the MD, local High Schools, Seniors... "That way you try to touch on all the different groups".  He said Lundbreck was already doing their part through Citizens On Patrol.  He also touched on Piikani Nation policing and mutual assistance between the two RCMP detachments, saying "We work so closely with Piikani (RCMP), everything that we do... we back each other up on call.  That's how we save some of the money, because one member from this detachment (Pincher Creek RCMP) and one member of Piikani  is on call, the rules are you have to have two, so in actual fact... you have one from each community."

"A closer communication between the community, not necessarily the council, but the community, is an important thing," said Councillor Dog Thornton, "Because it's our citizens that are affected most by the policing.  So I contacted Lesley Kelly and she sent down these documents about this effort to move this forward, so I really believe this is something that council should go ahead with, and last week would be better."

Mayor Anderberg concurred with the need.  "I sat on the last Police Committee that we had in Pincher Creek when the Province took over the cost of policing.  That's when that whole program (began)."  He threw his support behind the idea of the Police Committee.

Sgt. Dixon also said that being part of the committee would be a positive thing for a student, and Councillor Lorne Jackson added that it might even generate some interest for future recruitment.

Sgt. Dixon also hinted that "I might be retiring" in the near future, during part of his presentation when he was explaining to council the need to have a fully formed plan that could survive the departure of any of the committee members, including himself.  He also noted that RCMP Cst. Doug Sokoloski moved from the community on October 30, and has been replaced by Cst. Rodney LeGrow as the RCMP Community Policing Officer.  LeGrow has already made himself well known in the community, in a positive way, particularly to the youth of Pincher Creek.

Alberta Justice and Solicitor General representative Lesley Kelly said this kind of community policing initiative has been around for a long time, under different forms and names.  She said that it was a K Division (Alberta RCMP) mandate that detachment commanders "do engage the community".  She said her role was to act as a resource for such initiatives. "It really is a collaborative effort between the RCMP, the town council, and the committee members themselves."

Councillor Thornton mentioned to Lesley Kelly that the Town was contemplating uniting with the MD of Pincher Creek in the Police Committee initiative.  She concurred that would be an ideal situation, but not mandatory.  Councillor Tammy Rubbelke asked "Who would bear the costs?"  Kelly replied that it would be the Town "and the County" and added that there wouldn't be much extra cost associated with the committee because it would be composed of volunteers that could meet in already paid for local facilities.  In response to an inquiry by Sgt. Dixon, Kelly said it would be "a wonderful idea" to have Piikani representation on the committee.

Council agreed to form the committee, and Councillor Doug Thornton was appointed as the Town's representative on it, with Councillor Wayne Elliott as the alternate.

The following is excerpted from documents provided to council by Alberta Justice and Solicitor General:

What a Police Advisory Committee  (PAC) Can Accomplish

• Identify the issues, project, or events that may be occurring in the community.
• Provide suggestions, ideas or information  that will help address issues or that will support upcoming project or events.
• Bring the community's policing priorities to the attention of the RCMP and work with  them  to resolve such concerns
• Share issues raised by the RCMP with  the community,  should the need arise.
• Assist in developing  community  policing objectives,  priorities  and goals and collaborate  on any special projects  or community  events.
• Offer advice regarding gaps in policing services or identify  specific policing requirements.
• Raise issues pertaining  to other  problems,  complaints  or priorities identified  by the community  to the RCMP and/or  County Council.
• Enhance RCMP officers' cultural  sensitivity and awareness, thus fostering greater understanding between community members and police officers.
• Encourage other  service providers in your community to have a collaborative  approach to policing and public safety. Such as: health care support  agencies, victim  services, crime prevention  agencies, youth  and family  services, business associations, high school groups, etc.
• A PAC ensures that the policing interests of your community are well represented

Objectives

• To advise the Detachment Commander on policing priorities identified through community input, for Council consideration and approval.  
• To keep the Detachment Commander informed of emerging trends and issues within the community.
• To make and/or implement recommendations on community policing initiatives based on identified trends and issues.

Membership

All recommendations for membership must be reviewed and approved by the Detachment Commander and Council. The PAC should be comprised of, but not limited to:

  Permanent Members

• Detachment Commander of the local R.C.M.P. detachment
• One (1) Community Policing Officer
• One (1) Representative from Victim Services
• One (1) Representative from Municipal Enforcement Services
• One (1) Representative   from a Community  Youth  Centre
• One (1) Representative   from a High School  or School  Trustee
• One (1) Representative   from  Family and Community  Support  Services (FCSS)
• One (1) Representative   from  Council  (an alternate  must be designated)
• One (1) Representative  from  Business  Association   (President  or delegate)

Term  Members  from the Community

• One (1) Seniors  Representative
• One (1) Member  at large who resides  in the Town/city
• One (1) Youth  Representative

Related link: Alberta RCMP Policing Committee Handbook

Update on Lebel Mansion repairs

At the November 5 COTW meeting Town Director of Operations Al Roth updated the committee on the current state of repair at the Lebel Mansion, which is a Town owned structure.  The Lebel  He said there was an issue with one bathroom that had asbestos tile that would have to be dealt with carefully.  In the meantime there will be some touching up of the paint at the facility so that it can be ready for the annual Christmas market there.

Alleys a focus as winter begins

At the November 5 COTW meeting Director of Operations Al Roth said that Town crews were finishing up their program to touch up alleyways in town ahead of the full onslaught of winter.

Public Hearings

There were two scheduled public hearings before the council meeting of November 10 began.  The first was on Bylaw 1616-14, regarding a lane/road closure.  The lane in question is an alley attached to West Avenue. No written submissions were submitted and no persons presented themselves to oppose the bylaw, although Alta Gas did contact administration to say they require an easement as there is a line on the property.

The second public hearing was for land use amendment 1547-W, intended to change the zoning designation for the area of land of Plan 8811625 Block C Lot 7.  This is located to the east of the Fire Hall to Hewetson Avenue and it is being re-designated from C-1 downtown /retail commercial to C-4 transitional commercial. There was no one that presented themselves or submitted any written submissions in opposition of this change.  Both public hearings were closed.  Later in the meeting land use amendment 1547-W was given third and final reading and was passed.

FCSS report

On November 10 Family and Community Support Services (FCSS) David Green gave a report to Town Council.  He explained that FCSS is provincially regulated and that each municipality is to put in toward the funding for their area.  "80% of the funding that goes into FCSS agencies are provincial dollars," said Green (a point he later expanded on).  "FCSS facilitates preventative social services and community initiatives that contribute to community and family wellness and build community capacity." He explained the process for how eligibility works for FCSS funding.  "If it doesn't fit FCSS eligibility grant guidelines, typically that grant application it's moved over to Joint Council, and it works the other way as well," said Green.  Councillor Doug Thornton expressed concerns over how tight the eligibility is for the grant guidelines.  Green said that the guidelines are restrictive, but "They left it up to the municipalities how they apply that assessment tool.  Really, it is up to the community."  Green said that he will be attending the FCSS conference that will happen later this month.  He said he is going to try and find answers to one of the big questions that almost all FCSS coordinators are facing:  The split of funding was initially designed to be 80% provincial and 20% local government.   Green estimates that it is currently a 66% - 34% split.

David Green also presented the proposed FCSS 2015 budget to council, as follows:

Allied Arts Council  $6,000
Canyon Cubs Preschool  $14,000
Group Group Youth Drop-In  $58,000
Holy Spirit Family School Liason  $15,000
Holy Spirit Roots of Empathy  $5,770
Kootenai Brown Education Program  $7,000
PC Family Resource Society  $32,000
Southwest Alberta Sustainable Community (SASCI)  $9,000
Brighter Futures Program  $18,300
PC Municipal Library  $1,000
Metis Nation Local 1880  $3,000
Ranchland Victim Services  $3,000
FCSS Admin Proposed  $60,438
Subtotal project requests and admin $232,508
Total available funding $234,356
Surplus $1,848

Citizens to be invited to address council

At the November 5 COTW meeting the committee addressed the subject of possibly hearing from unscheduled delegations at council meetings, which had been brought to council several times in the past by citizen Hugh Dunham, who was also in attendance at the COTW meeting and spoke with council again about the issue.  Mayor Don Anderberg said that the formality of council meetings can be intimidating and "doesn't allow people to voice their concerns a lot".  Councillor Thornton expressed a concern that Town employees should not be "publicly called out" at council meetings, but agreed that "most people who show up have a real issue... or believe they have a real issue".  Councillor Wayne Elliott said "Everyone who walks through the door deserves to be heard".  Councillor Tammy Rubbelke said respect would have to be emphasized, and said she was concerned that unscheduled delegations could potentially interfere with the actual scheduled business of council.

Mayor Anderberg said a code of conduct would have to apply to the council and the community, and that it would be up to the chair to address that.  Councillor Thornton suggested council have a list of subjects "that are acceptable and not acceptable for a spontaneous delegation", again referencing the right of Town employees to not be subject to random public vilification.  Town CAO Laurie Wilgosh also expressed concern that Town employees not be subject to disrespect, and that people shouldn't bypass administration when they want to bring issues to council. "We've worked really hard in management to build up trust."  Both Wilgosh and Legislative Services Manager Gus Kollee reminded the committee that personnel issued were held in-camera for valid reasons, some of them legal.  "It's not a Town Hall," said Kollee.

 "The opportunity has to be there for people to speak in a reasonable manner," averred the Mayor during the discussion.  "It will happen at the pleasure of the chair," he concluded.  That was a comment he echoed at the November 10 meeting of Town Council, when he announced that "At the pleasure of the Chair," the Chair will ask if anyone wishes to come forward and address council early in the meeting.  "Up until this point it has been upon the citizens to come forward  and be proactive.  We feel it that there should be an opportunity given by council to citizens to have their voice heard, if they so wish."

Westray Act gains Pincher Creek support

On November 10 Council moved to provide more support for the Westray Act.  A delegation from United Steel Workers Local 9346 came to the regular meeting of Pincher Creek Town Council on Monday evening, October 27 to explain more about the act.  The federal Westray Act came into being after a serious mining accident in Nova Scotia in 1992.  The act allows members of a business to be held criminally responsible if negligence or unsafe work practices is a factor that leads to the death of a worker on a job.  Councillor Doug Thornton said "I was really moved by those two gentleman that came and talked about 1,000 people killed just doing their job every year in Canada." Administration was directed to draft a letter based upon what council found as the most salient points of the letter that was brought forward to council by the delegation.  This includes that the council supports that crown attorneys be trained and educated about the Westray Act, more police training regarding this act,  dedicated prosecutors are given the responsibility for heath and safety fatalities, and that there be more coordination among regulators, police, and crown attorneys.

Related story:  Westray Act enforcement plea made to Pincher Creek Town Council


Windy Slopes funding request for emergency room renovation on hold

Windy Slopes Health Foundation (WSHF) emergency room renovation project was again addressed in council on November 10.  "This project has actually been on the books for 13 years," said Mayor Don Anderberg.  WSHF has requested $50,000 in funding from the Town of Pincher Creek and $50,000 from the MD of Pincher Creek for renovations to the hospital emergency room.

Administration indicated that WSHF has currently raised $360,000 toward the project, and are expecting more through a number of fundraising arms including the Trees of Hope, donations, and an upcoming casino.  The decision was delayed until after a WSHF meeting on November 3 that the Mayor attended along with representatives from Alberta Health Services (AHS).

The AHS representatives indicated that there was no money in the budget for this project at this time.  "Our health center is probably a model for rural health and wellness," said the Mayor, who also indicated that although he would like to see the upgrade take place he is uncomfortable investing Town money in a facility that is supposed to be maintained by another entity, AHS. Anderberg said he was told at the November 3 meeting that other facilities and citizens in Alberta are investing in their health centres as well.  "This isn't just happening in our communities, but in many communities, and I find that unacceptable," he said, adding that he would like to address the situation with the Minister of Health.

Anderberg said that at the WSHF meeting he asked AHS representatives that if there was $560,000 invested by the community in the project, and the tender came back for a larger amount or there were over runs in the cost of building, would AHS cover the shortfall.  He said they could not answer his question at the meeting, so council decided to set aside the vote on this matter until after they have heard back about what decision AHS has made.

Land Use Amendment 1547-T to be brought to Land Use Bylaw review

Land Use Amendment 1547-T deals with retaining walls, grading and drainage.  Councillor Doug Thornton declared a pecuniary interest and removed himself from the room at both the November 5 COTW and November 10 Town Council meetings.  Thornton has pecuniary interest in a large approximately 40 acre swath of property in town south of the (now inactive) Foothills Community Church on the north hill down to and alongside the Pincher Creek, extending to the edge of the Country Residential properties near the west end of town, and also significantly east of Hewetson Avenue.  At the Committee of the whole meeting he requested and was granted the right to address council as a citizen on this subject.  At the Town Council meeting he left council chambers entirely.

Thornton told the COTW that the amendment to the bylaw  "almost specifically" points out his family's property, particularly a portion that would limit or deny development of the sloped area of the property, which would be most of it.  In an interview separate from the meeting he said his family could lose the assessed value of the property as it stands now and also the potentially significant profit that could be made by developing it. He told the COTW that he felt the Public Hearing held recently regarding the proposed amendment did not address changes made just before third reading was to be held, and that it was too big an issue to not be addressed by a Public Hearing.  "My concern is the process."  He asked that council not approve the amendment, but instead wait until an upcoming rewrite of the Land Use Bylaw has taken place.  Mayor Anderberg said he also had problems with the process.  "It's a big amendment," he said.  "This really wasn't presented to the public in this form."  Legislative Services Manager Gus Kollee said he tended to agree that the amendment was quite substantial and that the process followed was questionable "at best".

A motion to bring the issue forward to the next council meeting carried unanimously.  At that meeting, on November 10, CAO Laurie Wilgosh said that administration was requested to reword the documents on two occasions since advertising the proposed amendment to the existing bylaw to the public.

Mayor Don Anderberg said "My feeling is that this is such a substantial difference between what was advertised that I can't support it."

Council was unanimous in defeating the proposed amendment and administration was directed to bring it to the Land Use Bylaw Review to be held in 2015.

Pincher Creek Humane Society's request for $20,000 granted

At both the COTW on November 5 and at Town Council on November 10 a request from the Pincher Creek Humane Society/SPCA was considered.

The new Pincher Creek Humane Society/SPCA facility is currently under construction and is facing a time-sensitive issue.  The contractor was aware that there are a number of items that were to be left 'substantially unfinished' to bring the project in within the allotted funding.  The Humane Society was going to fundraise over time to move forward with that unfinished work as funds became available.  The contractor has proposed that it would be cheaper overall to  have the work done all at once while all the trades are currently on site rather than piecemeal the individual jobs later.  To that end, the Humane Society asked that the Town of Pincher Creek provide the full cost of the total that Sebring Construction will charge to 'substantially finish' the construction.  As the MD of Pincher Creek will not meet again until after this time sensitive issue has passed the Humane Society has asked that the Town provide the $20,000 required to proceed then request of the MD one half of the funding provided back to the Town once the MD meets again.

This funding will not fully finish the building, but it will bring it much closer at a what is believed to be a substantially reduced cost than if they hire out all the individual jobs required at a later date.

At Council's November 10 meeting Councillor Doug Thornton explained that all of this work is not extras. The original amount raised was $400,000 and the combined building estimates came in at over $500,000. He said that the Humane Society approached all the contractors that put in a bid and asked, "What can you take out of the $500,000 completed building so that we can have a building?"   There was an additional $30,000 that was recently added to the budget by the recent Humane Society Raise the Woof fundraiser.  Thornton said "I think this is a pretty lucky deal for us, because their original quote was over $500,000."  All the funding combined with the requested $20,000 will come to $450,000.  CAO Laurie Wilgosh indicated that there will still need to be painting, flooring and other work that will need to be finished.

Council voted unanimously to grant the funding.

Related story:
Raise the Woof raises money and laughter with fundraising comedy night


Pincher Creek rep to attend Ft. Macleod Santa Claus Parade

On November 10 Council decided that one or more representatives from Pincher Creek Town Council would attend the Town of Fort Macleod Santa Claus Parade on Saturday, November 29.  This year the theme is NWMP to RCMP: 140 Years of Tradition.  Councillors Doug Thornton, Mark Barber, and Tammy Rubbelke each indicated that they may be attending.

Housing Plan going in a Provincial direction

The Community Housing Committee requires authorization to approach the Deputy Minister of Housing with regards to developing a master plan for Pincher Creek.  At the November 10 meeting of council Mayor Don Anderberg said that during the recent Alberta Urban Municipalities Association (AUMA) convention Town of Pincher Creek councillors had the opportunity to meet with Municipal Affairs.  "It was suggested emphatically that it would be a really good idea if we developed a housing strategy for the town of Pincher Creek.  We have a housing committee, and we have been working on a strategy basically on our own.  Having heard what we are doing and  wanting to support us, the Deputy Minister suggested that their department would be more than happy to get involved with our committee."  Mayor Anderberg said that this opens up opportunities for funding and development.

Councillor Adrian Hartman sits on the Housing Committee.  He said "This definitely helps us with our strategy overall.  When someone of that scale can help, and oversees the whole province, then they can add their own expertise to personal discussion of our town."

The next regular meeting of Council for the Town of Pincher Creek is scheduled for Monday November 24, at 6:00 pm.