Minutes

RURAL MUNICIPALITY OF CORNWALLIS

Minutes of the Regular Meeting of Council held in the Council Chambers of the Municipality on Tuesday, February 17, 2009.

PRESENT:           

Reeve Reg Atkinson

Councillor Emil Egert, Ward One

Councillor Bob Brown, Ward Two

Councillor Sam Hofer, Ward Three

Councillor Heather Dalgleish, Ward Four

Councillor Mike Cranford, Ward Five

ABSENT:               

Councillor Valerie Thoman, Ward Six          

ADMINISTRATION PRESENT:

Bob Wallis, CAO

CALL TO ORDER

The meeting was called to order at 7:04 P.M.

CONFIRMATION OF MINUTES

Resolution No.  20/2009

Cranford/Hofer

Be it resolved that the minutes of the January 20, 2009 Regular Meeting of Council be approved as circulated and posted.

Carried 6-0

ADOPTION OF THE AGENDA

Resolution No. 21/2009

Brown/Dalgleish

Be it resolved that the Agenda be adopted as presented

Carried 6-0

RECEPTION OF DELEGATIONS AND PUBLIC HEARINGS

Public Hearings

7:05 P.M. -   Bev Townley, Proposal to Subdivide, Pt. NE ¼ 21-10-17 W and Lots 1/2 Plan 32881 BLTO in order to create eight lots and a public road

Resolution No.  22/2009

Dalgleish/Egert

Resolved that the Council recess to a public hearing to consider an application to subdivide Pt. NE ¼ 21-10-17 W and Lots 1/2 Plan 32881 BLTO.

Carried 6-0

Resolution No.  23/2009

Hofer/Brown

Be it resolved that the public hearing to consider an application to subdivide Pt. NE ¼ 21-10-17 W and Lots 1/2 Plan 32881 BLTO be now closed.

Carried 6-0

Resolution No. 24 /2009

Hofer/Dalgleish

Be it resolved that Application No. 4116-08-390, being a proposal to subdivide Pt. NE ¼ 21-10-17 W and Lots 1/2 Plan 32881 BLTO, be hereby approved subject to the following

1.        The developer enters into a development agreement with the Rural Municipality of Cornwallis including but not limited to the following: 

a).  Any issues related to any infrastructure improvements that Council considers relevant to the subdivision such as responsibility and standards for road construction, design of the road system and consideration of the alternative intersecting roads, drainage, lighting and signage and similar items;

b).  Any other conditions that the Council considers relevant from related engineering review of the application.

c).  The developer dedicates land for future roads.  The final plan of subdivision should include land to be dedicated for public roads;

d).  The developer dedicates land for public reserve.  The final plan of subdivision should include land to be dedicated for public reserve;

2.        That the applicant amend the R.M. of Cornwallis Zoning By-law #1558/09/99 to provide for RR 5 land use zoning in this area.

3.        The applicant submits confirmation from Manitoba Infrastructure and Transportation indicating that there is no concern that the drainage plan from the said property will impact their highway facilities.

4.        The applicant obtain a permit to remove the existing easternmost driveway on PR 457.

5.        That the developer enter into an easement agreement with MTS and Manitoba Hydro.

6.        Any such other requirements and conditions relevant to the subdivision proposal as are necessary by other government agencies.

Carried 6-0

Delegation, Terry Nicol, Aggregate Mining and Transport Fees and Mowing Roadsides

Councillor Egert disclosed an interest and withdrew from the Council Chamber.

Resolution No.  25/2009

Brown/Hofer

Be it resolved that Aggregate Mining and Transport Fees from High Country Feeders pertaining to a PTH 10 Highway Contract be waived in lieu of maintenance of approximately ¾ mile of High Country Road during the 2009 construction year.

Amendment

Cranford/Dalgleish

That a formal agreement be completed regarding the request from High Country Feeders to perform maintenance in lieu of payment of fees.

Carried as Amended 4-1

In favour:  Reeve Atkinson, Councillor Dalgliesh, Councillor Hofer, Councillor Cranford

Opposed:  Councillor Brown

Absent:  Egert (Disclosure)

Councillor Egert returned to the Council Chamber.

REPORTS OF COMMITTEES

None

RECEPTION OF PETITIONS

None

COMMUNICATIONS

Resolution No.  26/2009

Hofer/Egert

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

Date                        Item

16Jan09                  BAPD, Notice of Hearing, Development Plan Amendment, Lot 13, Plan 37328 BLTO, SW 32-10-19 WPM from "AG80" to "Rural Residential"

Undated                 Agriculture and Agri-Food Canada, Farm Debt Mediation Awareness

30Jan09                 Central Plains Inc. Media Release re: Foreign Direct Investment Strategy

Undated                 Centra Gas Manitoba Inc. Notice of Hearing, General Rate Application

06Feb09                 AMM, Provincial Police Act Consultation

03Feb09                 City of Brandon, Notice of Public Hearing, Zoning Amendment By-law 6933

Undated                 Southwest Horizon School Division, Budget Consultation Meeting

09Feb09                 SRDC, Notification of results of Nomination to Board of Directors

Carried 6-0

ACCOUNTS AND FINANCE

Approval of Accounts

Resolution No.  27/2009

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

                 Jan 22/09                4,689.47

                 Jan 22/09              21,854.50

                 Jan 29/09              46,774.79

                 Jan 29/09                2,679.53

                 Jan 29/09                1,921.79

                 Jan 31/09                   595.14

                  Feb 5/09              41,058.54

                Feb 12/09              26,879.90

                Feb 12/09                1,886.98

                Feb 12/09                2,685.36

                Feb 12/09                   286.18

                Feb 13/09                2,541.49

                                TOTAL $153,853.67; and

Be it further resolved that council indemnity accounts in the sum net total amount of $4,901.83 be approved for payment as follows:

Carried 6-0

Authorize Expenditures

Royal Manitoba Winter Fair, Children's Tickets Program

Resolution No.  28/2009

Hofer/Brown

Be it resolved that the Council hereby sponsors the Royal Manitoba Winter Fair Children's Tickets program in the amount of $305.00 GST exempt.

Carried 6-0

Emergency Coordinator, Incident Command 200/300, March 9 to 13, 2009, Winnipeg

Resolution No.   29/2009

Brown/Dalgleish

Be it resolved that the Municipality's Emergency Coordinator be hereby authorized to attend at municipal expense in accordance with established policy, a March 9 to 13, 2009 Incident Command Course 200/300 scheduled for Winnipeg, Manitoba; and

Be it further resolved that in addition to eligible expenses, that the Emergency Coordinator be compensated for thirty six hours of work associated with attendance at this course.

Carried 6-0

Emergency Coordinator, EOC Training, April 21 to 24, 2009, Ottawa

No Action.

Manitoba Association of Regional Recyclers, Feb 27, 2009, Winnipeg

Resolution No.  30/2009

Hofer/Dalgleish

Be it resolved that up to two Councillors be hereby authorized to attend at municipal expense in accordance with established policy, a February 27, 2009 meeting of the Manitoba Association of Regional Recyclers scheduled for Winnipeg, Manitoba.

Carried 6-0

MGRA, Annual Banquet and Awards Presentation, Apr 14, 2009, Brandon

No Action.

Manitoba Weed Supervisors Association Seminar, March 18, 2009, Holland

Resolution No.  31/2009

Cranford/Brown

Be it resolved that the Public Works Forman and Public Works Employee be hereby authorized to attend at municipal expense in accordance with established policy, a March 18, 2009 meeting of the Manitoba Weed Supervisors Association scheduled for Holland, Manitoba.

Carried 6-0

BY-LAWS

By-law No. 1607/01/2009  to establish the position of Financial Officer/Assistant Chief Administrative Officer as a designated officer, Second and Third Readings

Resolution No.  32/2009

Dalgleish/Brown

Be it resolved that second reading be given to By-law No. 1507/01/2009, being a By-law to establish the position of Finance Officer/Assistant Chief Administrative Officer as a designated officer of the Municipality and to repeal By-law No. 1529/14/97.

Carried 6-0

Resolution No.  33/2009

Cranford/Dalgleish

Be it resolved that third reading be given to By-law No. 1507/01/2009, being a By-law to establish the position of Finance Officer/Assistant Chief Administrative Officer as a designated officer of the Municipality and to repeal By-law No. 1529/14/97.

Carried 6-0

UNFINISHED BUSINESS

Chater Water Co-op, Response from Insurer re: Inquiry into coverage under Municipal Policy

Councillor Hofer disclosed an interest and withdrew from the Council Chamber.

Resolution No.  34/2009

Cranford/Dalgleish

Be it resolved that the Municipality offer to extend coverage to the Chater Water Co-op for liability and property under the Municipality's General Insurance Policy; and

Be it further resolved that the additional premium be paid by the Chater Water Co-op.

Carried 5-0

Absent:  Councillor Hofer (Disclosure)

Councillor Hofer returned to the Chamber.

Sprucewoods Wastewater Committee and related correspondence from David Wiebe re: Proposed Sewage Regulation Amendments

Resolution No.  35/2009

Dalgleish/Egert

Be it resolved that Councillor Dalgleish and Reeve Atkinson be hereby appointed as a Committee to consider proposed amendments to the Onsite Wastewater Management Systems Regulation (MR 83/2003) under The Environment Act and the potential impacts on wastewater management for properties smaller than two acres such as at Sprucewoods.

Carried 6-0

GENERAL BUSINESS

Manitoba Good Roads Association,  Request to include Tax Insert in Tax Billing envelopes

Resolution No.   36/2009

Brown/Dalgleish

Be it resolved that the Municipality of Cornwallis support a request by the Manitoba Good Roads Association for promotion of the Annual Beautification Competition by including a notice on the Municipality's Website.

Carried 6-0

Building Canada Communities Component Infrastructure Program, Provincial Exhibition Application

Resolution No.  37/2009

Brown/Dalgleish

Be it resolved that the Council of the RM of Cornwallis support the application of the Provincial Exhibition of Manitoba for infrastructure funding under the Building Canada Fund, in order that they can undertake the restoration and revitalization of Display Building No. II.

Carried 6-0

Request to extend Noise By-law Exemption, Russell Redi Mix Concrete, NE 25-10-18 WPM/NW 30-10-17 WPM

Resolution No.  38/2009

Hofer/Cranford

Be it resolved that the Council of the R.M. of Cornwallis hereby grants an exemption under Paragraph 3)b)vii)(v) of By-law No. 1564/05/2000, as amended, with respect to a gravel crushing and hauling operation at NE 25-10-18 WPM/NW 30-10-17WPM as follows:

1.        Gravel crushing and hauling to be permitted at this location on a 24 hour, 7 day a week basis until March 9, 2009.

Carried 5-0

Abstained:  Councillor Egert

Proposal to Subdivide, Pt. NW ¼ 35-9-19 W, Andrew

Resolution No.  39/2009

Egert/Brown

Be it resolved that a proposal to subdivide Pt. NW ¼ 35-9-19 WPM and being Application No. 4116-08-427 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 in the "AG 80" Agricultural General Zone;

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

Carried 6-0

Proposal to Subdivide, Pt. NE ¼ 13-10-18 W, Duncalfe

Resolution No.  40/2009

Hofer/Brown

Be it resolved that a proposal to subdivide Pt. NE ¼ 13-10-18 WPM and being Application No. 4116-08-429 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 in the "AG 80" Agricultural General Zone;

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

Carried 6-0

Updated Report to Council, Proposal to Subdivide, Pt. SW ¼ 30-10-19 W, De Gobeo

Resolution No.  41/2009

Brown/Egert

Whereas the Brandon and Area Planning District recommends that the Council  amend its approval of Application No. 4116-08-392;

Now therefore be it resolved that the Council's approval of Subdivision Application No. 4116-08-392 be amended by adding the following condition:

1.  That Council approves the reduction to 13 lots from 14 lots, and that the original public reserve (25 ft) from Plan 1842 be saved as an alternate access for emergency use only.

Carried 6-0

Building Canada Communities Componenet Infrastructure Program

Resolution No.   42/2009

Brown/Egert

Be it resolved that the Rural Municipality of Cornwallis apply to the Canada Manitoba Infrastructrure Programs Building Canada Fund - Communities Component for the following projects which have been suggested by Council; and

Be it further resolved that administration be hereby authorized to revise the estimated construction costs as necessary:

Carried 6-0

Resolution No.   43/2009

Egert/Brown

Be it resolved that that the Council of the Rural Municipality of Cornwallis prioritize its applications to the Canada Manitoba Infrastructure Programs Building Canada Fund - Communities Component as follows:

Carried 6-0

Personnel, In Camera

Resolution No.   44/2009

Brown/Dalgleish

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

Carried 6-0

Resolution No.  45/2009

Egert/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

While in-camera the committee discussed personnel matters.

INQUIRIES

Council members inquired about rotation of plowing operations following snowfalls and recent icy road conditions.

ADJOURNMENT

Resolution No.  46/2009

Brown/Hofer

Resolved that this meeting be adjourned.

Carried 6-0

Adjourn time:  8:55 P.M.

Approved: __________________________________________ 2009

                                                                                                                _____________________________________________

                                                                 REEVE

                                                                                                                                                                                                                                                                                                                _____________________________________________

                CHIEF ADMINISTRATIVE OFFICER