A “legal interpretation” is being cited as a reason why a planned referendum on the October ballot for fire protection services in Cherry Creek will not be going ahead.

At issue was the TNRD’s plan to share resources between Cherry Creek and neighboring Tobiano, which the Ministry of Municipal affairs has rejected.

The Regional District’s Deputy GM of Operations, Jamie Vieira, says this is because the Ministry rejected the idea of sharing resources between two separate fire protection areas, even though they would share an invisible border.

He notes the TNRD found out about the rejection after they had already put the plans to the public.

“We had discussions with some provincial staff, who indicated that it made sense and that it would be approved. And then under more detailed scrutiny, after we held the public meeting, we found out that it would not be approved.”

Taking some of the blame, Vieira says part of the reason is because the TNRD fast-tracked the process, trying to complete it in less than three months, when normally a referendum would take about nine months to fully coordinate.

However, he notes that in the end, it was the Ministry of Municipal Affairs’ decision.

“This was a staff decision from their [Ministry of Municipal Affairs] end. And that’s the staff interpretation of the legislation, was that this was in contradiction to the legislation. In their view, it was ‘black and white’ and it could not be approved.”

As such, a new question will have to be drafted, with people in both Cherry Creek and Tobiano now being asked to vote on whether to expand Tobiano’s existing fire service area to incorporate Cherry Creek.

“Separately, public assent will also be required to borrow funds for constructing a new fire hall to serve Tobiano and Cherry Creek,” notes the TNRD in a release.  “In 2018, Tobiano residents approved up to $1 million to fund construction of a new fire hall.  If the new service area is expanded, the previous Tobiano borrowing approval would be cancelled and a new assent vote would be needed to allow borrowing of up to $2 million for properties in Tobiano and Cherry Creek.”

It’s not clear yet when a referendum would go ahead.

The cancellation of the referendum on the October 15th election ballot isn’t sitting well with the outgoing TNRD Director for the Cherry Creek area, Ronaye Elliott.

“I’m very upset about it. I think a lot of work has gone into it. And we wanted to partner with Tobiano, we didn’t want to be part of the Tobiano arrangement.”

According to polling conducted by the TNRD, 63% of respondents in Cherry Creek are in support of proceeding with a referendum.