Minutes

  RURAL MUNICIPALITY OF CORNWALLIS

Minutes of the Regular Meeting of Council held in the Council Chambers of the Municipality on Tuesday, May 19, 2009.

PRESENT:           

Reeve Reg Atkinson

Deputy Reeve, Bob Brown, Ward Two

Councillor Emil Egert, Ward One

Councillor Sam Hofer, Ward Three

Councillor Heather Dalgleish, Ward Four

Councillor Mike Cranford, Ward Five

Councillor Valerie Thoman, Ward Six

ADMINISTRATION PRESENT:                                                                        

Chief Administrative Officer, R.L. (Bob) Wallis

Finance Officer/Assistant CAO, Donna Anderson

CALL TO ORDER - Reeve Atkinson

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

CONFIRMATION OF MINUTES

Resolution No.  119/2009

Dalgleish/Brown

Be it resolved that the minutes of the April 21, 2009 Regular Meeting of Council be approved with the following correction:

Vote Result for Resolution No. PH02/2009 be changed to read:  5-0

Carried 7-0

Resolution No. 120/2009

Cranford/Egert

Be it resolved that the minutes of the May 5, 2009 Special Meeting of Council be approved as circulated and posted.

Carried 7-0

ADOPTION OF THE AGENDA

Resolution No. 121/2009

Brown/Dalgleish

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

Carried 7-0

RECEPTION OF PUBLIC HEARINGS AND DELEGATIONS

Resolution No.  122/2009

Hofer/Thoman

Be it resolved that the Council adjourn to a public hearing.

Carried 7-0

PUBLIC HEARING

Public Hearings under the RM of Cornwallis Zoning By-law No.1558/09/99 as amended, were held for the following applications:

7:05 p.m.               Conditional Use Order Application No. C-05-09-C, Pt. NE ¼ 13-10-18  WPM, Duncalfe

7:10 p.m.               Variation Order Application No. V-01-09-C, DuMyr, WPM

7:15 p.m.               Variation Order Application No. V-02-09-C, Thompson,  WPM

7:20 p.m.               Proposal to Subdivide, Pt. NE ¼ 12-10-17 W, Lots 2/3 Plan 2139 BLTO Rutz, Reconvened from April 21, 2009

IN THE MATTER OF THE CONDITIONAL USE ORDER NO. C-05-09-C

Mr. Darren Dunclafe spoke in favour of the application.

Mr. Dan McPherson, BAPD, was present to respond to inquiries.

Resolution No. PH05/2009

Hofer/Thoman

Be it resolved that the public hearing to hear representation concerning Conditional Use Order Application No. C-05-09-C be closed.

Carried 7-0

IN THE MATTER OF THE VARIATION ORDER APPLICATION NO. V-01-09-C

Mr. Graham spoke in favour of this application.

Mr. Dan McPherson, BAPD, was present to respond to inquiries.

Resolution No.  PH06/2009

Brown/Cranford

Be it resolved that the public hearing to consider Conditional Use Application No. V-02-09-C be closed.

Carried 7-0

Councillor Dalgleish disclosed an interest in this matter and withdrew from the chamber.

IN THE MATTER OF THE VARIATION ORDER APPLICATION NO. V-02-09-C

Ms. Maureen Thomson spoke in favour to the application.

Mr. Dan McPherson, BAPD, was present to respond to inquiries.

Resolution No.  PH07/2009

Cranford/Hofer

Be it resolved that the public hearing to consider Conditional Use Application No. V-02-09-C be closed.

Carried 6-0 

IN THE MATTER OF THE SUBDIVISION APPLICATION NO. 4116-09-434

Mr. Alex Rutz spoke in favour to the application.

Mr. Dan McPherson, BAPD, was present to respond to inquiries.

Resolution No.  PH08/2009

Hofer/Egert

Be it resolved that the public hearing to consider Subdivision Application No. 4116-09-434 be closed.

Carried 7-0

Councillor Dalgleish returned to the chamber.

Council reconvened in Open Session.

PLANNING

Matters from Public Hearings

Conditional Use Order Application No. C-05-09-C, Pt. NE ¼ 13-10-18 WPM, Duncalfe

Resolution No.   123/2009

Hofer/Brown

Whereas Darren Duncalfe applied for a Conditional Use Order to allow for a non farm dwelling in the "AG80" Agricultural General Zone at Pt. NE ¼ 13-10-18 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 subject to the following conditions:  None

Carried 7-0            

Variation Order Application No. V-01-09-C, SW ¼ 9-10-19 WPM, DuMyr

Resolution No.   124/2009

Brown/Thoman

Whereas D.H. Graham applied to vary the application of the Municipality's Zoning By-law No. 1558/09/99, as amended, with respect to Pt. SW ¼ 9-10-19 WPM as follows:

To reduce the minimum required site area from 80 for two (2) agricultural parcels to 72 acres and 78 acres respectively in the "AG80" Agricultural General Zone to satisfy a condition of subdivision approval.

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

Whereas the Council is satisfied that varying the application of specific provisions of the zoning by-law with regard to the affected property in the manner specified in the order

(a).  will be compatible with the general nature of the surrounding area,

(b).   will not be detrimental to the health or general welfare of people living or working in the surrounding area, or negatively affect other properties or potential development in the surrounding area,

(c).   is the minimum modification of a zoning by-law required to relieve the injurious affect of the zoning by-law on the applicant's property, and

(d).  is generally consistent with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law.

Now therefore be it resolved that in consideration of the foregoing and of any representation made at the hearing and of the application itself, the Council hereby approves the application as submitted and authorize that Variation Order No.  V-01-09-C be issued, subject to the following conditions:         

None.

Carried 7-0

Councillor Dalgleish disclosed an interest in this matter and withdrew from the chamber.

Variation Order Application No. V-02-09-C, Thompson

Resolution No.   125/2009

Cranford/Hofer

Whereas William Thompson applied to vary the application of the Municipality's Zoning By-law No. 1558/09/99, as amended, with respect to Lot 41 Plan 1298 BLTO, Pt. SE ¼ 12-10-17 WPM as follows:

To vary the side yard requirements from 15 feet to 9 feet to accommodate the construction of a single family dwelling and attached garage. 

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

Whereas the Council is satisfied that varying the application of specific provisions of the zoning by-law with regard to the affected property in the manner specified in the order

(a).  will be compatible with the general nature of the surrounding area,

(b).   will not be detrimental to the health or general welfare of people living or working in the surrounding area, or negatively affect other properties or potential development in the surrounding area,

(c).   is the minimum modification of a zoning by-law required to relieve the injurious affect of the zoning by-law on the applicant's property, and

(d).  is generally consistent with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law.

Now therefore be it resolved that in consideration of the foregoing and of any representation made at the hearing and of the application itself, the Council hereby approves the application as submitted and authorize that Variation Order No.  V-02-09-C be issued, subject to the following conditions:         

None.

Carried 6-0

Proposal to Subdivide, Application No. 4116-09-434 Pt. NE ¼ 12-10-17 W, Lots 2/3 Plan 2139 BLTO, Rutz,         Reconvened from April 21, 2009

Resolution No.   126/2009

Cranford/Thoman

Be it resolved that a proposal to Subdivide Pt. NE ¼ 12-10-17 WPM, being Application No. 4116-09-434 be hereby approved subject to the following conditions recommended by the Brandon and Area Planning District:

1. The developer/owner enters into a development agreement with the Rural Municipality of Cornwallis related to any issues related to any infrastructure improvements that Council considers relevant to the subdivision such as responsibility and standards for road construction, drainage, lighting and signage and similar items.  In addition any such other conditions that the Council considers relevant from related engineering reviews of the application;
2. The developer 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;
3. The developer dedicates land for future roads.  The final plan of subdivision should include land to be dedicated for public roads;
4. The developer dedicates land for public reserve.  The final plan of subdivision should include land to be dedicated for public reserve.
5. The developer enters into an easement agreement with MTS and Manitoba Hydro;
6. The developer provides confirmation that payment in lieu of land dedication has been completed with Brandon School Division as per correspondence dated April 3, 2009;
7. Any zoning requirements for variations of minimum bulk size requirements be obtained if necessary;
8. Any such other requirements and conditions as are necessary by other government agencies.

Carried 6-0

Councillor Dalgleish returned to the chamber.

Proposal to Subdivide, Pt. NW ¼ 15-10-17 WPM, Graham, W. & E.

Resolution No.   127/2009

Dalgleish/Brown

Be it resolved that a proposal to subdivide Pt. NW ¼ 15-10-17 WPM, being Application No. 4116-09-438 be hereby approved subject to the following recommendations of the Brandon and Area Planning District:

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

b).  Any other such conditions and requirements as are necessary.

Carried 7-0

Proposal to Subdivide, Pt. NE ¼ 5-9-17 WPM, McKenzie, P.

Resolution No.   128/2009

Egert/Thoman

Be it resolved that a proposal to subdivide Pt. NE¼ 5-9-17 WPM, being Application No. 4116-09-436 be hereby rejected.

Carried 7-0

Proposal for Second Dwelling, Pt. SW ¼ 4-10-19 WPM, T. & L. Newhouse

Resolution No. 129/2009

Brown/Thoman

Be it resolved that he Council of the Rural Municipality of Cornwallis hereby confirms that it is satisfied that a proposal for a second dwelling at Pt. SW ¼ 4-10-19 WPM as outlined in correspondence from the Brandon and Area Planning District dated May 14, 2009 and Terry & Linda Newhouse dated May 13, 2009 is in compliance with Part 5, Section 3(1) (c) of By-Law No. 1558/09/99, as amended.

Carried 7-0

DELEGATIONS

Municipal Assessor, 2010 General Assessment

Resolution No.  130/2009

Thoman/Dalgleish

Be it resolved that the presentation by the Municipal Assessor be hereby received.

Carried 7-0

REPORTS OF COMMITTEES

Gravel Retrieval and development of process for applying new gravel, Councillor Hofer 

Resolution No.  131/2009

Hofer/Thoman

Be it resolved that Councillor Hofer's report concerning gravel retrieval and a proposal to develop a process for future gravel application be hereby received and referred to the Senior Machine Operator for consideration and report.

Carried 7-0

Sprucewoods Ward Meeting, Councillor Dalgleish

Resolution No. 132/2009

Brown/Thoman

Be it resolved that Councillor Dalgleish's report of a ward meeting held at Sprucewoods on May 6, 2009 be hereby received as information.

Carried 7-0

Acquisition of Public Works Truck, Councillor Brown

Resolution No. 133/2009

Hofer/Thoman

Be it resolved that  a report concerning the acquisition of a Public Works vehicle be hereby received.

Carried 7-0

RECEPTION OF PETITIONS

None

COMMUNICATIONS

Resolution No.  134/2009

Hofer/Cranford

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

Date                        Item

10 Apr 09                Onsite Wastewater Systems Installers letter to Hon. S. Struthers re:  proposed amendments to MR 83/2003

24 Apr 09                AMM and Minister Responsible for Seniors letter to Municipalities re:  Age-Friendly Manitoba Initiative

27 Apr 09                City of Brandon Planning Department,  Notice of Hearing, Zoning  Amendment By-law No. 6946

01 May 09               Manitoba Emergency Measures Organization, H1N1 Response Planning

07 May 09               Manitoba Good Roads Association, Honourary Life Membership Nomination

04 May 09               Canada-Manitoba Infrastructure Programs, Notification re: Building Canada Fund Applications

Undated                   Notice of Hearing, Centra Gas

11 May 09                Western Economic Diversification News Release, Recreational Infrastructure Canada Program

05 May 09                Deputy Minister of Conservation, Proposed amendment to Waste Reduction and Prevention Act to create new levy

08 May 09                University of Manitoba, Notification of Graduation, Donna Anderson, Certificate in Manitoba Municipal Administration

Carried 7-0

ACCOUNTS AND FINANCE

Approval of Accounts

Resolution No.  135/2009

Egert/Thoman

Carried 7-0

Councillor Egert disclosed an interest in this matter and withdrew from the chamber.

Resolution No.  136/2009

Thoman/Brown

Carried 6-0

Councillor Egert returned to the chamber.

Authorize Expenditures

Authorize attendance, Manitoba Municipal User Group, June 11 & 12, 2009, Portage la Prairie

Resolution No.  137/2009

Hofer/Thoman

Be it resolved that the Assistant CAO/Finance Officer be hereby authorized to attend at municipal expense in accordance with established policy a June 11 and 12, 2009 meeting of the Manitoba Municipal Users Group schedule for Portage la Prairie, Manitoba.

Carried 7-0

Town of Virden, Financial Support for Jeff McConnell's nomination to FCM 3^rd Vice President position

Resolution No.  138/2009

Thoman/Dalgleish

Be it resolved that the Council of the Rural Municipality of Cornwallis hereby authorizes a contribution in the amount of $100.00 to a campaign fund for Jeff McConnell of the Town of Virden associated with his intention to run for the position of FCM 3^rd Vice President.

Defeated  4-3  Opposed:  Brown, Thoman, Egert, Cranford

Authorize attendance, June District Meeting, Western District AMM, June 17, 2009, Killarney

Resolution No.  139/2009

Egert/Thoman

Be it resolved that all of council be hereby authorized to attend at municipal expense in accordance with established policy a June 17, 2009 meeting of the Western District of the Association of Manitoba Municipalities scheduled for Killarney, Manitoba.

Carried 7-0

Authorize attendance, Emergency Coordinator, R.M. of Elton Evacuation Exercise, May 29, 2009

Resolution No.  140/2009

Hofer/Thoman

Be it resolved that the Municipality's Emergency Coordinator be hereby authorized to attend at municipal expense in accordance with established policy a May 29, 2009 Evacuation exercise scheduled for Forrest, Manitoba.

Carried 7-0

Asphalt Patching Estimate, Curtis Road

Resolution No.  141/2009

Hofer/Thoman

Be it resolved that the proposal to patch Curtis Road be referred to the Transportation Services Committee for review and consideration along with other Roads requiring improvement.

Carried 7-0

Accessory Equipment for PW Truck

Resolution No.  142/2009

Thoman/Dalgleish

Be it resolved that estimates for accessory equipment for the Public Works Truck be referred to the Transportation Services Sub-Committee for consideration and approval.

Carried 7-0

Sprucewoods Shilo Rodeo, Request for Sponsorship and Community Event Designation

Community Event

Resolution No.  143/2009

Dalgleish/Egert

Be it resolved that the R.M. of Cornwallis hereby designates the Annual Sprucewood - Shilo Rodeo scheduled for July 17 and 18, 2009 to be a community event in the meaning of the Liquor Control Act.

Carried 7-0

Sponsorship Opportunity

Resolution No.  144/2009

Egert/Thoman

Be it resolved that the R.M. of Cornwallis sponsor the Annual Sprucewood - Shilo Rodeo scheduled for July 17 and 18, 2009 in the amount of $250.00.

Carried 7-0

Financial Statement Four months ended April 30, 2009

Resolution No.  145/2009

Egert/Thoman

Be it resolved that the financial statement for the four months ended April 30, 2009 be hereby received as presented.

Carried 7-0

BY-LAWS

By-law No. 1609/03/2009 being a By-law to repeal and replace Aggregate Mining and Transportation By-law No. 1560/01/2000, First Reading Only

Councillor Egert disclosed a conflict and vacated the chamber.

Resolution No. 146/2009

Hofer/Dalgleish

Be it resolved that first reading be given to By-law No.  1609/03/2009, being a By-law to repeal and replace Aggregate Mining and Transportation By-law No. 1560/01/2000.

Carried 6-0

Resolution No. 147/2009

Brown/Dalgleish

Be it resolved that that a copy of By-Law #1609-03-2009 be distributed to the Aggregate Mining and Transportation Holders requesting comments before June 10/09 and further be it advised that this by-law be put on the agenda for 2^nd reading only at the June 16 meeting.

Carried 6-0

Councillor Egert returned to the chamber.

By-law No. 1610/04/2009, being a By-law to repeal and replace Organizational By-law No. 1578/06/2002, First Reading Only

Resolution No.   148/2009

Hofer/Brown

Be it resolved that first reading be given to By-law No.  1610/04/2009, being a By-law to repeal and replace Organizational By-law No. 1578/06/2002.

Carried 7-0

UNFINISHED BUSINESS

Chater Drainage Issues, Councillor Hofer

Resolution No.   149/2009

Hofer Brown

Be it resolved that a committee comprised of the Reeve, Ward Councillor and two employees be hereby appointed to review past action and make recommendations to improve drainage at Birdel Acres as part of the proposed Prosperity Acres development drainage plan.

Carried 7-0

GENERAL BUSINESS

23 Apr 09 Town of Morden re:  Police Services Act Bill 16

Resolution No.   150/2009

Egert/Dalgleish

Be it resolved that the Council of the Rural Municipality of Cornwallis supports a proposal that Police Services Act Bill 16 be amended to allow communities with local police services to establish police boards on a voluntary basis.

Carried 7-0

Elton Collegiate, Proposal for Municipality to develop criteria and award a Scholarship to a graduating student

Resolution No.   151/2009

Thoman/Hofer

Be it resolved that correspondence from Elton Collegiate dated May 6, 2009 requesting that the Municipality sponsor a Scholarship be hereby approved in the amount of $ 500.00 to be awarded on the basis of criteria to be determined by the Reeve with funds to be taken from the Grants Budget.

Carried 7-0

Prosperity Acres Development, In Camera Discussion, Reeve Atkinson

Resolution No.   152/2009

Hofer/Thoman

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

Carried 7-0

Resolution No.   153/2009

Hofer/Dalgleish

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 7-0

Ward 1 and 2 Gravel Tenders

Councillor Egert disclosed an interest in this matter and withdrew from the chamber.

Resolution No.   154/2009

Brown/Thoman

Whereas on March 17, 2009, the Council of the Rural Municipality of Cornwallis awarded the following tenders to Rolling River First Nation, being the low bidder:

A-Traffic Type Gravel Tender A - 2009 - $10.21 per yd. all inclusive

A-Base Gravel Tender A - 2009 - $10.21 per yd. all inclusive

and Whereas by correspondence dated May 15, 2009, Rolling River First Nation has withdrawn from the contract;

Now therefore be it resolved that the Municipality award the following tenders to the next lowest bidder being Fred Gilbert Trucking as follows:

A-Traffic Type Gravel Tender A - 2009 - $10.44 per yd. all inclusive

A-Base Gravel Tender A - 2009 - $10.44 per yd. all inclusive; and

Be it further resolved that Fred Gilbert Trucking be granted 48 hours from date of notification to accept the award according to the terms of their original tender following which it may be offered by the Municipality's administration to the next lowest bidder.

Carried 6-0

Councillor Egert returned to the chamber.

Resolution No. 155/2009

Hofer/Thoman

Be it resolved that administration request the Sprucewoods Snowmobile Club to repair a culvert damaged by their equipment at the road allowance located between Sections 28 & 29 -9-17WPM.

Carried 7-0

Personnel, In Camera

Resolution No.   156/2009

Thoman/Cranford

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

Carried 7-0

Resolution No.   157/2009

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 7-0

INQUIRIES

Councillor Egert inquired about the lack of funding received through the Canada-Manitoba Infrastructure Program Building Canada Fund and requested that a letter be sent to our Member of Parliament.

Councillor Egert inquired about the necessity of the Council members signing the resolutions during Council meetings.    Going forward Administration will record the movers' on the resolution form during the meetings.

 Councillor Thoman inquired about the water levels at Birdel Acres.

Councillor Cranford inquired about the letter of appreciation received in thank you to Councillor Egert for his assistance over the Easter Weekend.

Councillor Brown inquired about arranging a meeting to discuss subdivision planning.

NOTICE OF MOTION

Councillor Thoman made a notice of motion for the June 16^th meeting regarding advertising in the Shilo Stag Directory.

ADJOURNMENT

Resolution No.  158/2009

Egert/Dalgleish

Resolved that this meeting be adjourned.

Carried 7-0

Adjourn time:  9:25 P.M.

Approved: __________________________________________ 2009

 REEVE

CHIEF ADMINISTRATIVE OFFICER