November 25th, 2020 ~ Vol. 90 No. 47
Council Briefs
Crowsnest Pass Herald Front Page
David Selles 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 the Regular Council Meeting on Tuesday, November 17th.

Seniors Housing Budget Presentation

Annie Lok, Chief Administrative Officer, Dee-Anna Strandquist, Finance Manager and Donna Stelmachovich, Board Vice Chairperson of Crowsnest Pass Senior Housing were in attendance to provide the 2021 Senior Housing Budget presentation.

Following the presentation, Council requested clarification on the forecasted reduction of Municipal funding required for the new lodge. Estimates at this time appear that way, however some expenses are likely underestimated. Council asked if the capital budget will cover everything for the move. It is anticipated that it will cover everything, however there are always unforeseen circumstances and they do anticipate that the reserve may be totally depleted. Council also inquired about operating reserves. A forecast was included for 2020 and 2021, currently a rough estimate that they are hoping to not exceed which will encompass building commissioning, training and preparation of staff, consultants that may be required, the costs for moving, and decommissioning of the old building. Council asked about staffing that will be moved up and how costs were arrived at. Staffing rates were calculated in anticipation of the salaries and wages expenses for all the staffing that they are expecting to have at the time of the move. Donna Stelmachovich also spoke on behalf of the board with the following comments. The board asked Council to consider having them come before Council in September or October of next year to provide a year to date budget, and could come back in January with final figures. The board thanked Council for providing the opportunity to come before Council and for recognizing the complexity of the budget with respect to the move to the new lodge. It was noted that Nestor Chorney was responsible for establishing the capital and operating reserves, and that Council recognizes the need for them.
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Policy 1810-02 - Health and Wellness Spending Account Policy

The Health and Wellness Spending Account (HWSA) was adopted in September 2015 to guide the newly established program that was provided for by Collective Bargaining. Since that time, the Municipality has successfully administered this policy and program for 5 years, for the most part, without issue. There is a need at this point to make a few minor changes based on some revised language that was agreed upon in this most recent round of negotiations that has now concluded. The largest change in the policy is the elimination of the due date of November 30 annually. As referenced in the Collective Agreement with CUPE Local 812, January 1, 2019 to December 31, 2022, the new language allows for receipts to be submitted throughout the year, but only once per employee. The language of Benefit Year was changed to Calendar Year, with December 31 being the final day that an item can be submitted. Other minor changes include adding an employee on leave as a reason why the benefit may be prorated which reflects our current practice, as well as including some language on a new category of health apps that have since gained popularity. The dispute resolution process is also clarified to have the CAO have a final say on a dispute arising from an item eligibility between Corporate Services and the Employee. Councillor Ward moved to adopt Policy 1810-02 - Health and Wellness Spending Account Policy as presented. The motion was carried.

Bylaw 1057, 2020 - LUB Re-designation - Lot 18, Block 2, Plan 3387AE (1326 - 82 Street, Coleman) from Recreation & Open Space - RO-1 - to Residential - R-1 - SECOND AND THIRD READING

Administration received a development permit application for a residential addition at 1326 - 82 Street, Coleman (Lots: 16, 17, & 18; Block: 2; Plan: 3387AE). In reviewing the application, Administration found that a portion of the subject parcel is designated within the Residential (R-1) Land Use District, that portion being Lots 16 & 17, and the other portion of the parcel is designated within the Recreation & Open Space (RO-1) Land Use District, that being Lot 18 (see Attachment 1).
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When a parcel is designated within two (2) different land use districts it is colloquially known as split zoning. Schedule 4(24) of the Land Use Bylaw #868, 2013 (LUB), prohibits the issuance of a development permit on parcels with multiple land use designations. By re-districting Lot 18 from RO-1 to R-1 all of the lots that form the subject parcel will be designated within the R-1 District and the applicant can proceed with submitting a development permit application to the Development Authority for a residential addition. Administration understands the issue to be a technical mapping error in the LUB map updates between 1986 and 1989. Parcels of land may be created from one (1) lot or several lots. Typically, an individual parcel is designated with one (1) land use district or 'zone', which governs the way development takes shape on that parcel (i.e. lot size, building setbacks to property lines, and building height). This is generally assumed to be a best practice in land use zoning. Multiple districts or zones assigned to a parcel leads to a conflict in the interpretation of development regulations and standards, and poses challenges in identifying the geographic limit of each district. For example, when there are two (2) districts governing development on one (1) parcel, there may be uses that are permitted in one (1) district that are not in the other and there may be different setback requirements. Specific to this case, the split zoning has created an issue of non-conformance in that there is currently a dwelling situated within the RO-1 District (Lot 18). Within the RO-1 District dwellings are not a permitted or discretionary use. Therefore any additions to the dwelling or improvements, such as accessory buildings and garages, on the site would not be allowed as per Section 643 (Non-conforming use and non-conforming buildings) of the MGA. By re-designating Lot 18 to the R-1 district, the Municipality will be rectifying the mapping error and removing barriers to future development improvements on the parcel for the property owner. Councillor Glavin moved second reading, which was carried. Councillor Filipuzzi then moved third and final reading. That was also carried.
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Municipal Facility Rental Rates

Mayor Painter requested that the standardized facility lease rate be brought back for Council discussion after the CNP Pistol Club reached out to him over concern of their rate increasing. There lease has expired, however was maintained at $1.70 per square foot or $3,105.91 per year. Administration has been working with them to get a new lease in place. As per Council direction, Administration has been working on standardizing all leases for space within Municipal facilities with our user groups. Council set the rate at $6.61 per square foot and allowed up to five years to transition groups from their existing rate to the new rate, if needed. Currently all user groups except the Pass Pottery Club and the CNP Pistol Club are at the standardized rate. The Pass Pottery Club will align in December 2022. After some discussion around what direction Council wished to proceed, Councillor Ward made a motion that Administration meet with the Gun Club to discuss how to reach the goal of a standardized rate with mutually acceptable terms. That motion was carried by a 4-3 count. Councillor Ward then made a second motion that Administration correspond with every user group of Municipal facilities to communicate that they can express their concerns to Council if they are facing financial hardships for reconsideration of their rental rates. That motion was also carried with a 5-2 count.

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November 25th, 2020 ~ Vol. 90 No. 47
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