June 17th, 2020 ~ Vol. 90 No. 24
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Crowsnest Pass Herald Front Page
Archive photo
Crowsnest Pass Municipal Council from left tor right: Councillors Marlene Anctil, Dave Filipuzzi, Doreen Glavin, Mayor Blair Painter, Councillors Lisa Sygutek, Gordon Lundy and Dean Ward.
David Selles
Pass Herald Reporter
The following topics were discussed at a regular Council Meeting on Tuesday June 9th, 2020.

RCMP 2019 Year End Review

Annually in June, the Sergeant of the Crowsnest Pass RCMP detachment presents a report in review of the previous year to Council. This provides Council an opportunity to understand where the RCMP resources have been concentrated and the nature of and frequency of crime in the Crowsnest Pass. It is also an opportunity for the Sergeant to advise Council of future plans and programs planned for the community. The following numbers are the reported and actual violations in multiple categories:

JAN 1, 2019 – December 31, 2019

Traffic Offences – reported – 1,702 actual – 1,688
Other Criminal Code – reported – 146 actual – 128
Drug Enforcement – reported – 18 actual – 18
Crimes Against the Person Assaults – reported – 93 actual – 80
Crimes Against Property Theft under $5,000 – reported – 104 actual – 88
Crimes Against Property Theft over $5,000 – reported – 51 actual – 39
Crimes Against Property Mischief – reported – 126 actual – 110
Common Police Activities (suspicious person, lost and found, false alarm etc.) – reported – 431 actual – 431
Assistance to General Public – reported – 332 actual – 332
JAN 1, 2020 – March 31, 2020
Traffic Offences – reported – 262 actual – 260
Other Criminal Code – reported – 29 actual – 27
Drug Enforcement – reported – 2 actual – 2
Crimes Against the Person Assaults – reported – 18 actual – 16
Crimes Against Property Theft under $5,000 – reported – 18 actual – 17
Crimes Against Property Theft over $5,000 – reported – 6 actual – 5
Crimes Against Property Mischief – reported – 21 actual – 21
Common Police Activities (suspicious person, lost and found, false alarm etc.) – reported – 77 actual – 77
Assistance to General Public – reported – 38 actual – 37
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Standard of Operations for Municipal Playgrounds Policy 1213-01

Administration has drafted a policy for Council's review and approval for the governance and operations of municipal owned play structures to help guide Administration as to how playgrounds are operated in the Municipality. This policy outlines operational procedures, budgeting guidelines, growth management, along with purchasing guidelines to assist Administration on the governance of playgrounds. This will have a budgeting impact, as yearly dollar calculations depend on the year of the playground however this will ensure playgrounds stay current. After council received clarification on some of the budgeting impacts, Councillor Anctil made a motion that Council approves the policy. The motion was carried.

Forest Protection Area Update

Issues surrounding the Forest Protection Area (FPA) are not new. They have been discussed several times over the years with little headway and primarily come to light when fire restrictions/bans are involved. The current FPA boundaries are from 1979 and do not account for any urban growth since that time, along with the community of Hillcrest being entirely within the FPA. Given that it has caused confusion in the past as to whether the fire status applies to one area and not another, the Municipality has adopted the practice of mirroring the FPA so that there is a homogeneous status throughout the community. This however is only a bandaid solution and this issue needs to be discussed further with the Province. Administration has been having discussion with staff from both the Ministry of Municipal Affairs and the Ministry of Agriculture and Forestry on some of the issues and looking for possible solutions. These discussions have been going well and the Ministries are looking into what would be required to adjust the urban service area. Further discussions are planned over the coming weeks. With reviewing the three relevant pieces of legislation, they don't appear to contradict each other, however, they do seem to compete with each other and none of them seeming to have more weight or clarity. An example of this is that the FPPA defines a specialized municipality as an urban municipality and a ministerial order such as the current fire ban states within it that the order does not apply to any land within the serviced areas of an urban municipality.
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On the surface it appears that the ministerial order wouldn't apply, however the issue then becomes that the serviced area referenced was that in 1979 as per the Regulation. This clause in the Regulation looks like it may be the hangup as in other municipalities, when the jurisdictional boundaries change, the urban service area is adjusted accordingly. Another interesting point is how the FPPA is written in that a municipality is responsible for fighting and controlling all fires within their boundaries except for the parts that are within the FPA. Since the language says fire and not wildfire, this would mean that they are responsible for all types of fires such as structural, vehicle, grass, wildland, etc. This of course has not been the practice but is used more to outline that the current language does not work and that updates are needed. Council had a small discussion and Mayor Painter said it’s encouraging to see some progress being made by the province with this area as talks continue to find a solution. A motion was made to accept this for information and the motion was carried.

Resource Extraction Boundary Bylaw Update

Administration has been discussing this item with our solicitors to determine the most appropriate mechanism to address resource development and they have advised that it is best addressed within our land use bylaw, to the extent which the municipality has jurisdiction to regulate this area. As we are currently also completing our legal review of the land use bylaw, this item will be included within it and will be provided shortly for consideration. A motion was made to accept this as information and the motion was carried.
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Installation of Powerlines Bylaw Update

Administration discussed this item with our solicitor, which included reviewing of the Fortis Franchise Agreement. Under the franchise agreement, Fortis has the exclusive right to provide electrical distribution service including to construct, operate and maintain the system and to use portions of roads, right-of-way and land under Municipal control. In addition, Fortis is required to obtain Municipal approval for all work to construct or maintain the distribution system over $100,000. Lastly, there is a stipulation that the Municipality cannot insist on Fortis relocating or upgrading any overhead lines to underground service if there is a less expensive or more practical solution. If there is not a less expensive or more practical solution, then the Municipality and Fortis will meet to negotiate suitable arrangements. With respect to new development or redevelopments, the most appropriate place to handle this is within the Municipal Engineering and Development Standards, 2005. Typically the standards would outline the requirements for all shallow utility alignments, however the current standards do not speak to this. If this is to be included, Administration would recommend doing a full review of the Engineering and Development Standards to ensure they meet the current needs of the community. In addition, if this moves ahead, Administration will have discussions with Fortis to outline our intent and to get feedback on where underground installation may be impractical or cost prohibitive. After discussion on the topic, a motion was put forward by Mayor Painter that Council direct Administration to undertake an amendment to the Engineering and Development Standards for shallow utility alignments. A friendly amendment was then made by Councillor Ward that Administration bring this back for review for the budget process. The motion was carried.
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Highway 3 Interim Improvements Update

WSP Engineering was awarded the engineering for the Highway 3 Interim Improvements project on February 27, 2020 and the project kickoff meeting was held on March 9, 2020. A preliminary design report was received on April 9, 2020 and was subsequently reviewed by the Municipality and Alberta Transportation. The review identified that the design focused on the major approaches (Highway 3) and had not considered the minor approaches for future traffic requirements adequately. This feedback is being incorporated into the geometric design revisions and design is progressing into the traffic signal design. The current schedule has the design and tender documents complete for the two intersection in late July and the pathway and Frank improvements in early August. Construction is slated from September to mid-October. Initially, one main concern with the timing of this project was the anticipated work on Highway 1 in the Kicking Horse Canyon in BC and the desire to have the work completed by the end of June, 2020. This was an extremely aggressive schedule given that the funding agreement with the Province was not finalized until early 2020. The schedule was also impacted due to Covid and that design productivity was reduced due to WSP staff working remotely from their typical office environments with all review meetings having to be done virtually with the Municipality. The other impact to the initial schedule did not anticipate the amount of geometric improvements for the minor approaches. The team continues to understand the importance of this project and is doing everything possible to deliver the project as soon as possible while also ensuring to meet the future needs of the community. Additionally, the Government of BC has provided an update on their project thought, in that the construction is not expected to impact the 2020 Summer traffic volumes as there will be no delays or closures affecting the daytime summer travel. At this time the project is slated to have a contract for construction awarded in late summer 2020. During the Summers of 2021 through 2024, the highway will remain fully open and free of interruptions during the daytime. During the Fall, Winter and Spring, there could be daytime stoppages from 20 minutes to 2 hours and overnight closures of up to 10 hours. Council had asked for this update in a previous council meeting. After hearing the update, Councillor Anctil made a motion that this be accepted for information. That motion was carried.
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MDP Survey Update

As part of the MDP process, a survey will be put out to the community to gather feedback on where residents would like to see the community develop. The delivery method for the survey has been discussed over the last few weeks and at the last MDP Steering Committee weekly update, the following method was put forth: A one page letter will be sent to each home owner advising them of the upcoming survey that will be released online and what it is for. The letter will also include that if anyone is not able to complete an online survey, to contact the Municipal office and arrangements will be made to deliver a paper copy. For those signed up for electronic billing, the letter will be sent electronically. Once released online, the survey will be open for 4 weeks The survey information will be communicated on Facebook, the Pass Herald and Real Country. Council requested that an effort will be made to get the survey into every home. Councillor Glavin made a motion that Council accept this as information and the motion was carried.

MPC Recommendation Letter for a Minimum Floor Are in the R-1 Land Use District

The Development department is compiling a list of proposed small amendments to bring them back to Council as one Land Use Bylaw Amendment. The recommendation letter from MPC could be included with the list of proposed corrections and minor amendments. MPC recognized that the current Land Use Bylaw does not stipulate a minimum floor area for a primary residence in the R-1 Land Use District when considering development permit applications. The Municipal Planning Commission has submitted this recommendation to correct the oversight in the existing Land Use Bylaw. Councillor Filipuzzi made a motion that Council Task Administration with looking at the proposed amendment to establish a minimum floor area for R-1 Land Use district in the municipality’s Land use bylaw. The motion was carried.

Municipal Flag Inquiry

Local CCHS student Ethan Chambers, made an inquiry to Council regarding the Municipal flag as to whether it had ever been adopted officially after the rebranding process was completed in 2013. It appears that the new logo which was developed as part of the Municipal Rebranding was applied to a white background and was used as the Municipal flag. Chambers made the inquiry after becoming interested in the study of flags, or Vexillology through his love of history.

“I've been interested in history for a long time and just by learning about history, you get exposed to a lot more flags than a person usually would. Just by seeing them it naturally progressed from there.”

Chambers decided to approach council because he was unsure if the municipality had an official flag.

“Part of it was out of curiosity because I didn't know if we had an official flag. I thought it was something that I could do that someone else maybe wouldn't take the time to do.”

After some discussion, council decided to not pursue a new flag as they felt the rebrand that was completed in 2013 encapsulates everything they currently want.

Blairmore Train Discussion

Council has had some discussion in the past on the Blairmore Train (Old Maude) that sits across from the Blairmore Post Office on 20th Avenue. Decades ago, the train was given to the Municipality and currently sits partially on land leased to the Municipality and CPR right-of-way. Very little maintenance has been done to the train or the accompanying statue in some time. Council didn’t make a motion on this topic but did have a discussion where all council members agreed that they would like to see the train and miner fixed up. You can see a photo of the miner in this week’s issue that shows some of the work needing to be done.
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June 17th, 2020 ~ Vol. 90 No. 24
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