Minutes

RURAL MUNICIPALITY OF CORNWALLIS

Minutes of a Regular Meeting of Council held in the Council Chambers of the Municipality on Tuesday, May 20, 2008.

PRESENT:             

Councillor Emil Egert, Ward One

Deputy Reeve Bob Brown, Ward Two

Councillor Sam Hofer, Ward Three

Councillor Heather Dalgleish, Ward Four

Councillor Mike Cranford, Ward Five

Councillor Valerie Thoman, Ward Six

Chief Administrative Officer, Bob Wallis

Administrative Assistant, Shelley Livingstone

ABSENT:             

Reeve Kurt Wasserberg

CALL TO ORDER - Deputy Reeve Brown

The meeting was called to Order at 7:00 P.M. 

CONFIRMATION OF MINUTES

Resolution No. 181/2008

Dalgleish/Cranford

Be it resolved that the minutes of the April 15, 2008 Regular Meeting of Council be approved as circulated and posted.

Carried 6-0

Resolution No. 182/2008

Thoman/Dalgleish

Be it resolved that the minutes of the April 15, 2008 Public Hearing of Council be approved as circulated and posted.

Carried 6-0

Resolution No. 183/2008

Thoman/Hofer

Be it resolved that the minutes of the April 29, 2008 Special Meeting of Council be approved as circulated and posted.

Carried 6-0

Resolution No. 184/2008

Egert/Hofer

Be it resolved that the minutes of the May 14, 2008 Special Meeting of Council be approved as circulated and posted.

Carried 6-0

ADOPTION OF THE AGENDA

Resolution No. 185/2008

Hofer/Egert

Be it resolved that the Agenda be adopted with the approved additions:

        Terry Nicol, High Country Feeders.

Defeated 3-3

In favour: Brown, Egert, Hofer

Opposed: Thoman, Dalgleish, Cranford

Resolution No. 186/2008

Egert/Hofer

Be it resolved that the Agenda be adopted with the approved additions:

      General Business                 L. Community Well at Chater

                                               M. Fire Hazard.

Carried 6-0

REPORTS OF COMMITTEES

None

RECEPTION OF PETITIONS

None

COMMUNICATIONS

Resolution No. 187/2008

Hofer/Thoman

Be it resolved that the following communications be received and filed:

Date                        Item

31 Mar 08           Crimestoppers, Thank you for donation

00 Apr 08            Minister of Conservation, Environmental Youth Corps

15 Apr 08             Southwest Horizon School Division, Board of Reference Hearing

21 Apr 08             Minister Responsible for the Status of Women, Taking Action Against Violence

01 May 08             Office of the Fire Commissioner, Burning By-law

01 May 08             Tribute to Tourism Awards, Southwest Trails Association

08 May 08             City of Brandon, Annexation

09 May 08             Western Region Golf Tournament

05 May 08             Manitoba Public Health, West Nile Virus Program

09 May 08             Manitoba Mines Branch, Quarry Permit Notification 2/3-10-18 W"

Carried 6-0

ACCOUNTS & FINANCE

Approval of Accounts

Resolution No. 188/2008

Egert/Cranford

Be it resolved that the following payroll and general accounts be approved for payment as follows:

               Apr 17/08              22,067.01

               Apr 24/08              32,135.79

               Apr 24/08                   643.20

               Apr 24/08                2,693.89

               Apr 30/08                   918.93

               May 1/08              43,534.61

               May 8/08                3,439.80

               May 8/08                1,218.59

               May 8/08                2,671.48

             May 12/08              14,744.10

             May 15/08              34,246.41

                             TOTAL $158,313.81; and

Be it further resolved that council indemnity accounts in the sum net total amount of  $6,464.71 be approved for payment as follows:

Carried 6-0

Authorize Expenditures

Authorize attendance, June District Meetings, June 11, 2008, Virden, Manitoba

Resolution No. 189/2008

Egert/Dalgleish

Be it resolved that all members of Council be hereby authorized to attend at municipal expense in accordance with established policy a June 11, 2008 district meeting of the Association of Manitoba Municipalities scheduled for Virden, Manitoba.

Carried 5-1

Opposed: Hofer

Financial Statement to April 30 2008

Resolution No. 190/2008

Egert/Thoman

Be it resolved that the financial statement to April 30, 2008 be hereby received as presented.

Carried 6-0

RECEPTION OF DELEGATIONS AND PUBLIC HEARINGS

Conditional Use Order Application No. C-7-08-C, Mowatt

Resolution No. 191/2008

Thoman/Cranford

Resolved that the Council Adjourn to a public hearing to consider Conditional Use Order Application No. C-7-08-C.

Carried 6-0

Resolution No. 192/2008

Thoman/Dalgleish

Be it resolved that the public hearing to consider Conditional Use Application No. C-7-08-C be closed.

Carried 6-0

Resolution No. 193/2008

Hofer/Egert

Whereas Robert Mowatt applied for a Conditional Use Order to permit a non-farm dwelling in the "AG80" Agricultural General Zone at Pt.  NE ¼ 22-9-19 WPM; and

Whereas the Council has held a public hearing to hear representation in favour and in opposition to the application;

Now therefore in consideration of any representation made at the hearing and of the application itself, the Council hereby approves the application as submitted and authorize that Conditional Use Order No. C-7-08-C be issued subject to the following conditions:

None.

Carried 6-0

Barb Kingdon, Assiniboine Hills Conservation District

Resolution No. 194/2008

Dalgleish/Thoman

Be it resolved that the presentation by Barb Kingdon of the Assiniboine Hills Conservation District be hereby received as presented.

Carried 6-0

Resolution No. 195/2008

Dalgleish/Egert

Be it resolved that a request by the Assiniboine Hills Conservation District to supply a brochure for mailing in the Municipality's 2008 tax billings be approved as follows:

1.        estimated quantity of 1200 to be provided by Assiniboine Hills CD to be folded and sized to fit 24 cm X 14.5 cm envelope and delivered to the Municipality in time for mailing with 2008 tax billings.

Defeated 3-3

In favour: Brown, Egert, Dalgleish

Opposed: Hofer, Thoman, Cranford

Resolution No. 196/2008

Dalgleish/Thoman

Be it resolved that a request by the Assiniboine Hills Conservation District to supply a brochure for mailing in the Municipality's 2008 tax billings be approved as follows:

1.        estimated quantity of 1200 to be provided by Assiniboine Hills CD to be folded and sized to fit 24 cm X 14.5 cm envelope and delivered to the Municipality in time for mailing with 2008 tax billings provided that the CD pays the extra mailing cost.

Carried 6-0

BY-LAWS

By-law No. 1605/03/2008 to fix remuneration for members of Council, Second and Third reading

Resolution No. 197/2008

Dalgleish/Egert

Be it resolved that the Council of the Rural Municipality of Cornwallis hereby give second reading to By-law No. 1605/03/2008, being a by-law to fix remuneration for members of Council.

Carried 4-2

Opposed: Cranford, Hofer

Resolution No. 198/2008

Dalgleish/Egert

Be it resolved that the Council of the Rural Municipality of Cornwallis hereby give third reading to By-law No. 1605/03/2008, being a by-law to fix remuneration for members of Council.

Carried 4-2

Opposed: Cranford, Hofer

UNFINISHED BUSINESS

Wally's Trenching Co. Ltd., Road Grading and Snowplowing, Gravel Supply

Councillor Egert vacated the chamber.

Resolution No. 199/2008

Hofer/Dalgleish

Whereas the Municipality received the following in response to its request for bids for up to 8,000 cu. yds. of A Base and up to 10,000 cubic yards of A Traffic Gravel for Wards One and Two:

Name of Bidder                                     A Base                                   A Traffic

Ballingall Brothers                                $13.13                                     $13.65

Fred Gilbert Trucking                            $10.44                                     $10.44

Collet Gravel Inc                                  $11.29                                     $10.76

Now therefore be it resolved that the bid from Fed Gilbert Trucking be hereby awarded as follows:

A Base $10.44 per yard GST inclusive;

A traffic $10.44 per yard GST inclusive.

Carried 5-0

Absent: Egert

Councillor Egert returned to the chamber.

RECEPTION OF DELEGATIONS AND PUBLIC HEARINGS CONTINUED

Chief Constable Drader Personnel, In Camera

Resolution No. 200/2008

Thoman/Hofer

Be it resolved that the Council adjourn to convene in camera as the Committee of the Whole of Council.

Carried 6-0

Resolution No. 201/2008

Thoman/Cranford

Be it resolved that the Council reconvene in regular open session; and

Be it further resolved that all matters discussed while in-camera remain confidential.

Carried 6-0

UNFINISHED BUSINESS CONTINUED

Hladky Holdings Ltd., McCandless Tramley, Stormwater Capital Contribution amount & Meighen, Haddad & Co., correspondence dated May 14, 2008

Resolution No. 202/2008

Thoman/Hofer

Be it resolved that the Municipality's legal counsel approach counsel for Hladky Holdings Ltd. to seek commitment for a capital contribution by Hladky Holdings Ltd. in the amount of $49,126.78 for lands proposed for subdivision at Pt. NE ¼ 27-10-18 W and potentially benefiting from a municipal stormwater system at Chater

Defeated 3-3

In favour: Thoman, Cranford, Dalgleish

Opposed: Brown, Egert, Hofer

Resolution No. 203/2008

Hofer/Cranford

Be it resolved that Subdivision Application No. 4116-08-393 be approved subject to the completion of a development agreement to be prepared by the Municipality's legal counsel and for Council's future review.

Defeated 3-3

In favour: Brown, Hofer, Cranford

Opposed: Egert, Thoman, Dalgleish

Resolution No. 204/2008

Thoman/Dalgleish

Be it resolved that associated with Subdivision Application No. 4116-08-393, that correspondence dated May 14, 2008 from David Swayze of Meighen, Haddad & Co. and attachments including the following:

1.  a letter from Samson Engineering Inc. dated May 13, 2008;

2.  a letter from City of Brandon Development Services dated May 12, 2008;

3.  a generic sample lot grading sketch containing blank information fields;

4.  a drawing prepared by Cochrane Engineering dated September 11, 1996 and numbered 15705-03-G102;

be hereby received and referred to the Municipality's legal counsel for consideration and further recommendation.

Carried 5-1

Opposed: Hofer

GENERAL BUSINESS

Manitoba Good Roads Association 2008

No action

Assignment of Public Works Truck for commuting, Councillor Egert

Resolution No. 205/2008

Egert/Thoman

Be it resolved that a proposal that the public works employee be authorized to use the Municipality's public works vehicle for the purpose of travelling to and from place of residence and place of work be reviewed in three months.

Carried 6-0

Elton Energy Co-operative, correspondence from Dan Mazier dated May 13, 2008

Resolution No. 206/2008

Hofer/Egert

Be it resolved that correspondence from Dan Mazier on behalf of the Elton Energy Co-operative be hereby received.

Carried 6-0

Proposal to Subdivide, Pt. N ½ SW ¼ 32-10-19 WPM, Braaten

Resolution No. 207/2008

Egert/Cranford

Be it resolved that a proposal to subdivide Pt. N ½ of SW ¼ 32-10-19 WPM and being Application No. 4116-08-395 be hereby approved subject to the following recommendations of the Brandon and Area Planning District:

1.        That a Conditional Use Order be obtained to permit the non-farm dwelling.

2.        Any other such conditions and requirements as are necessary.

Carried 6-0

Proposal to Subdivide, Parcel A, Plan 23949, Colter, Additional Condition

No action

Proposal to Subdivide, Pt. NE ¼ 35-9-19 WPM, Dutkewich

Resolution No. 208/2008

Egert/Hofer

Be it resolved that a proposal to subdivide Pt. NE ¼ 35-9-19 WPM and being Application No. 4116-08-394 be hereby

approved subject to the following recommendations of the Brandon and Area Planning District:

1.        That the development Plan be amended to accommodate such a development;

2.                That the R.M. of Cornwallis Zoning By-law be amended to accommodate such a development.

Carried 6-0

Application for Second Dwelling, Pt. SW ¼ 34-10-18 W, Antonation

Resolution No. 209/2008

Hofer/Thoman

Be it resolved that the Council of the Rural Municipality of Cornwallis hereby confirms that it is satisfied that a proposal for a second dwelling at Pt. SW ¼ 34-10-18 W as outlined in correspondence from the Brandon and Area Planning District dated May 13, 2008 is in compliance with Part 5, Section 3(1)(c) of By-law No. 1558/09/99, as amended.

Carried 6-0

Application for Second Dwelling, Pt. NW ¼ 20-10-18 W, Waddell

Resolution No. 210/2008

Hofer/Cranford

Be it resolved that the Council of the Rural Municipality of Cornwallis hereby confirms that it is satisfied that a proposal for a second dwelling at Pt. NW ¼ 20-10-18 W as outlined in correspondence from the Brandon and Area Planning District dated May 13, 2008 is in compliance with Part 5, Section 3(1)(c) of By-law No. 1558/09/99, as amended.

Carried 6-0

Application for Third Dwelling, Pt. NE ¼ 33-9-18 W, Grift

Resolution No. 211/2008

Egert/Hofer

Be it resolved that the Council of the Rural Municipality of Cornwallis hereby confirms that it is satisfied that a proposal for a third dwelling at Pt. NE ¼ 33-9-18 W as outlined in correspondence from the Brandon and Area Planning District dated May 13, 2008 is in compliance with Part 5, Section 3(1)(c) of By-law No. 1558/09/99, as amended.

Carried 6-0

BAPD, Seeking Zoning By-law Interpretation re:  Cell Tower

Resolution No. 212/2008

Hofer/Dalgleish

Be it resolved that the Council of the R.M. of Cornwallis hereby expresses the opinion that the development of a cell tower as detailed within correspondence from the Brandon and Area Planning District dated May 13, 2008 meets the intent of the Municipality's Zoning By-law No. 1558/09/99, as amended.

Carried 6-0

Dust Control on PR 349, Councillor Brown

Resolution No. 213/2008

Hofer/Egert

Be it resolved that the Council authorizes that gravel surfaced roads under Provincial Highways jurisdiction within the Municipality of Cornwallis be eligible for dust control application in accordance with the Municipality's dust control policy: and

Be it further resolved that written consent be provided by Manitoba Transportation.

Carried 6-0

Community Well at Chater

No action

Fire Hazard

No action

ADJOURNMENT

Resolution No. 214/2008

Thoman/Egert

Be it resolved that this meeting be adjourned.

Carried 6-0

Adjourn time:  9:56 P.M. 

Approved:                                                             , 2008

Reeve

Chief Administrative Officer