Minutes

RURAL MUNICIPALITY OF CORNWALLIS

Minutes of the Regular Meeting of Council held in the Council Chambers of the Municipality on Tuesday, June 16, 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. 159/2009

Hofer/Egert

Be it resolved that the minutes of the May 19, 2009 Regular Meeting of Council be approved as circulated and posted.

Carried 7-0

ADOPTION OF THE AGENDA

Resolution No.  160/2009

Brown/Thoman

Be it resolved that the Agenda be adopted as presented. 

Carried 7-0

RECEPTION OF PUBLIC HEARINGS AND DELEGATIONS

Resolution No.  161/2009

Hofer/Cranford

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. Variation Order Application No. V-03-09-C, NW 19-10-17 W, Johnston

7:10 p.m. Variation Order Application No. V-04-09-C, NW 9-10-19 W, Kauk

IN THE MATTER OF THE VARIATION ORDER APPLICATION NO. V-03-09-C

Councillor Dalgleish disclosed an interest in this matter citing that she has business dealings with the applicant and withdrew from the chamber.

Mr. Colin Lounsbury spoke in favour of this application.

Resolution No.  PH07/2009

Hofer/Cranford

Be it resolved that the public hearing to hear representation concerning Variation Order Application No. V-03-09-C be closed.

Carried 6-0

Councillor Dalgleish returned to the chamber.

IN THE MATTER OF THE VARIATION ORDER APPLICATION NO. V-04-09-C

Mr. Jim Kauk spoke in favour of this application.

Resolution No.  PH08/2009

Brown/Thoman

Be it resolved that the public hearing to hear representation concerning Variation Order Application No. V-04-09-C be closed.

Carried 7-0 

Council reconvened in Open Session.

PLANNING

Matters from Public Hearings

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

Variation Order Application No. V-03-09-C, NW 19-10-17 W, Johnston

Resolution No.  162/2009

Hofer/Cranford

Whereas Colin Lounsbury applied on behalf of the owners Mark and Liane Johnston to vary the application of the Municipality's Zoning By-law No. 1558/09/99, as amended, with respect to NW 19-10-17 WPM as follows:

To vary the minimum site area in the "RR 40" Rural Residential Zone from 40 acres to 31.5 acres for the residual parcels and to 8.5 acres for the new parcel as a result of subdivision 4116-08-416. 

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-03-09-C be issued, subject to the following conditions:          None.

Carried 6-0

Councillor Dalgleish returned to the chamber.               

Variation Order Application No. V-04-09-C, NW 9-10-19 W, Kauk

Resolution No.  163/2009

Brown/Thoman

Whereas James Kauk applied to vary the application of the Municipality's Zoning By-law No. 1558/09/99, as amended, with respect to Lot A, Plan 1448 BLTO in Pt. NW 9-10-19 WPM as follows:

To reduce the minimum required west side yard from the required side yard of 25 feet (7.62 m) to 12 feet (3.57 m) to allow for construction only of the barn styled shop at the proposed location on his rural non-farm parcel in the "AG 80" Agricultural General Zone. 

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-04-09-C be issued, subject to the following conditions:          None.

Carried 7-0

DELEGATIONS

None

REPORTS OF COMMITTEES

Brandon Annexation Committee, Brandon's meeting with residents of May 27, 2009 and Cornwallis' meeting of June 15, 2009   

Councillor Cranford - Personnel & Policy:  Councillor Cranford presented a verbal report.

Resolution No.  164/2009

Brown/Thoman

Be it resolved that the reports of committees be hereby received as presented.

Carried 7-0

RECEPTION OF PETITIONS

None

COMMUNICATIONS

Resolution No.  165/2009

Egert/Dalgleish

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

Date                         Item

19 May 09                AMM, Elections for the AMM Board of Directors (encl)

15 May 09                Assiniboine Hills Conservation District, New application procedure (encl)

21 May 09                Brandon & Area Planning District,  Notice of Second Reading By-law No. 90/01/09 (encl)

14 May 09                Bud McLeod, Land for Sale (encl)

22 May 09                MTS Allstream Inc., High Speed Internet reply to our inquiry (encl)

26 May 09                City of Brandon Planning Department, Notice of Public Hearing By-Law 6947 (encl)

05 June 09                Sunshine Fund, Manitoba Camping Association (encl)

28 May 09                AMM, 2012 Provincial Police Services Agreement (encl)

03 June 09                Leanne Rowat, Feedback Bill 35 (encl) A COPY OF BILL 35 IS AVAILABLE IN THE MUNICIPAL OFFICE

Carried 7-0

ACCOUNTS AND FINANCE

Approval of Accounts

Resolution No. 166 /2009

Egert/Dalgleish

Authorize Expenditures

Authorize Attendance, MARR 2009 Summer Meeting, June 26, 2009, Location TBA

Resolution No.  167/2009

Dalgleish/Hofer

Be it resolved that one member of Council be hereby authorized to attend at municipal expense in accordance with established policy a June 26, 2099 meeting of the MARR schedule for a Manitoba location that is yet to be announced.

Carried 7-0

Engineering Services, Reed Street (Chater) Drainage Study, 

Councillor Thoman declared an interest in this matter citing that she lives on Reed Street and withdrew from the chamber.

Resolution No.  168/2009

Hofer/Brown

Be it resolved that a proposal for engineering services at Reed Street, Chater from Burns Maendel being Project No. BMCE-09-079 be hereby  approved and accepted by the Municipality.

Carried 4-2    In favour:  Atkinson, Brown, Hofer, Dalgleish  Opposed:  Egert, Cranford

Councillor Thoman returned to the chamber.

Resolution No.  169/2009

Brown/Hofer

Be it resolved that the Municipality proceed to tender and/or invite proposals for the following projects for consideration of awarding at the July 21, 2009 regular meeting:

Defeated 6-1

Financial Statement Five Months ended May 31, 2009

Resolution No.  170/2009

Egert/Thoman

Be it resolved that the financial statement for the four months ended May 31, 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, Second Reading

Councillor Egert disclosed an interest in this matter citing that he has interests in the gravel business and withdrew from the chamber.

Resolution No. 171/2009

Hofer/Brown

Be it resolved that second reading 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 be tabled to the July 21, 2009 meeting pending a review by the transportation committee.

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, Second and Third  Readings

Resolution No.   172/2009

Brown/Thoman

Be it resolved that second 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

Resolution No.   173/2009

Hofer/Thoman

Be it resolved that third 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

Resolution No.   174/2009

Dalgleish/Thoman

Be it resolved that the following appointments be made to the Municipality's Standing Committees:

Carried 7-0

UNFINISHED BUSINESS

None

GENERAL BUSINESS

Appoint replacement to Brandon Salutes

Resolution No.   175/2009

Thoman/Hofer

Be it resolved that Heather Dalgleish be hereby appointed as the Municipality's second representative on the Brandon Salutes Committee.

Carried 7-0

Appoint Senior Election Official

Resolution No.   176/2009

Hofer/Dalgleish

Be it resolved that Donna Anderson be appointed the Senior Election Official for the Rural Municipality of Cornwallis.

Carried 7-0

Resolution No.   177/2009

Hofer/Thoman

Be it resolved that the Senior Election Officer review wages for election workers and recommend revisions for the 2010 General Election.

Carried 7-0

Village of Bowsman, Requesting Support for lobby to save last remaining elevator in Bowsman

Resolution No.   178/2009

Dalgleish/Egert

Be it resolved that the Reeve of the R.M. of Cornwallis send a letter to the Village of Bowsman in support of its effort to preserve its last remaining grain elevator.

Carried 7-0

AMM, Municipal Downloads and Unfunded Mandates

Resolution No.   179/2009

Egert/Cranford

Be it resolved that request from the AMM for information on municipal downloads and unfunded government mandates which have affected the Rural Municipality of Cornwallis be referred to Administration for review.

Carried 7-0

Application for Second Dwelling, Pt. NE ¼ 5-9-17 W, McKenzie

Resolution No.   180/2009

Brown/Thoman

Be it resolved that the Council of the Rural Municipality of Cornwallis defer the application for second dwelling on Pt. NE ¼ 5-9-17 W, McKenzie to the July 21, 2009 meeting for further information.

Carried 6-1  Opposed: Hofer

INQUIRIES

Councillor Dalgleish inquired as to the property standards issue at the property located in Hoops Loop.  A written response will be requested from Dan McPherson and Constable Drader.

Councillor Hofer inquired about a noise by-law complaint received regarding gravel crushing.

Councillor Thoman inquired about the status of Prosperity Acres.

Councillor Dalgleish spoke on the progress of the Provincial onsite waste management regulation.

NOTICE OF MOTION

None

ADJOURNMENT

Resolution No.  181/2009

Thoman/Brown

Resolved that this meeting be adjourned.

Carried 7-0

Adjourn time:  8:22 P.M.

Approved: __________________________________________ 2009

                                                                                                                _____________________________________________

REEVE

                                                                                                                                                                                                                _____________________________________________

                FINANCE OFFICER / ASSISTANT C.A.O.