Minutes

Regular Meeting Minutes of Sept. 15/09
9/17/2009

 

RURAL MUNICIPALITY OF CORNWALLIS

Minutes of the Regular Meeting of Council held in the Council Chambers of the Municipality on Tuesday, September 15, 2009.

               

PRESENT:           

Reeve Reg Atkinson

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

ABSENT:           

Deputy Reeve Bob Brown, Ward Two

ADMINISTRATION PRESENT:                                                                            

CAO, R. L. (Bob) Wallis

Finance Officer/CAO Assistant, Donna Anderson

                                                                                                          

CALL TO ORDER - Reeve Atkinson

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

CONFIRMATION OF MINUTES

Resolution No.  237/2009

Dalgleish/Egert

Be it resolved that the minutes of the August 18, 2009 Regular Meeting of Council be approved as circulated and posted.

Carried 6-0

ADOPTION OF THE AGENDA

Resolution No.  238/2009

Egert/Cranford

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

1.        H1N1 Pandemic Plan

2.        Burns Maendel Engineering Services

Carried 6-0

RECEPTION OF PUBLIC HEARINGS AND DELEGATIONS

Resolution No. 239 /2009

Hofer/Thoman

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

Carried 6-0

PUBLIC HEARING

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

7:00 P.M. 

Proposal to Close Public Reserve, Plan 1842,  Pt. SE ¼ 30-10-19 WPM,  Ward Two

Variation Order Application No. V-6-09-C, Lot 3, Block 1, Plan 2042 BLTO, Bishop

IN THE MATTER OF THE PROPOSAL TO CLOSE PUBLIC RESERVE, PLAN 1842, PT. SE ¼ 30-10-19 WPM

Mr. Christopher De Gobeo spoke in favour of the public reserve closure.

Written comments were received from Doug Derksen.

Resolution No. PH14 /2009

Hofer/Thoman

Be it resolved that the public hearing to hear representation concerning a proposal to close a portion of public reserve Plan 1842, Pt. SE ¼ 30-10-19 WPM be closed.

Carried 6-0

IN THE MATTER OF THE VARIATION ORDER APPLICATION NO. V-6-09-C

Alexander Bishop spoke in favour of the variation application.

Mr. Frank Hambrook spoke regarding having the property line located before construction commencement.

Resolution No.  PH15/2009

Dalgleish/Thoman

Be it resolved that the public hearing to hear representation concerning Variation Order Application No. V-6-09-C, Lot 3, Block 1, Plan 2042 BLTO be closed.

Carried 6-0

Council reconvened in Open Session.

PLANNING

Matters from Public Hearings

By-law No. 1612/06/2009, Public Reserve Closure By-law

Resolution No. 240 /2009

Dalgleish/Egert

Be it resolved that second reading be given to By-law No. 1612/06/2009 with the following amendments:

By deleting clauses one to three in their entirety and substituting the following:

1.        THAT all that portion of Public Reserve Plan 1842 BLTO contained within the limits of a Plan of Subdivision of part of the S ½ Sec. 30-10-19 WPM prepared by Bayne B. Balchen, Manitoba Land Surveyor, of the City of Dauphin, and assigned Deposit No. 873/2009 be and the same is hereby closed.

2.        THAT all that portion of the Public Reserve so closed shall be transferred to Christopher Victor De Gobeo and Silke De Gobeo, Site 40 Box 51 RR3, Brandon, MB. R7A 5Y3 for the sum of  One Dollar ($1.00);

3.        THAT the proper officers of the municipality are hereby authorized and directed to do all acts and execute all documents required for the purpose of implementing the said transfer.

Carried 6-0

In accordance with Section 137 of The Municipal Act, a recorded vote was taken on the motion to give By-law No. 1612/06/2009 third reading.

Resolution No.  241/2009

Hofer/Thoman

Be it resolved that third reading be given to By-law No. 1612/06/2009.

Carried 6-0

For:  Atkinson, Egert, Hofer, Dalgleish, Thoman, Cranford  Absent:  Brown

Variation Order Application No. V-6-09-C, Lot 3, Block 1, Plan 2042 BLTO, Bishop (encl), Ward Four

Resolution No. 242/2009

Dalgleish/Thoman

Whereas Alexander Bishop applied to vary the application of the Municipality's Zoning By-law No. 1558/09/99, as amended, with respect to Lot 3, Block 1, Plan 2042 BLTO as follows:

To reduce the minimum required side yard from 9.144m (30 ft) to 1.524m (5 ft) to accommodate a 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-6-09-C be issued, subject to the following conditions:         

1.        That confirmation of property boundary line is received.

Carried 6-0

REPORTS OF COMMITTEES

Councillor Thoman, Commemoration of 125th Anniversary of Incorporation, Oral

Resolution No. 243/2009

Egert/Cranford

Be it resolved that the Committee Reports be received as presented.

Carried 6-0

RECEPTION OF PETITIONS

None

COMMUNICATIONS

Resolution No.  244/2009

Dalgleish/Hofer

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

Date                        Item

27 Aug 09                Manitoba/AMM Joint Communique, Pandemic Planning

21 Aug 09                Application for Quarry Lease, North of 2-10-18 W, Elves

28 Aug 09                Copy of complaint to Brandon and Area Planning under Property   Standards By-law, Pt. NE 16-10-17 W

28 Aug 09                Mervin Tweed, MP, Brandon Souris, reply to Building Canada funding inquiry     

03 Sep 09                AMM, RM of Kelsey request to move from Northern to Parkland District

Undated                 Notice of Public Hearing, R.M. of Glenwood Zoning By-law Amendment By-law No. 3/09

SUPPLEMENTARY

09 Sep 09            Chater Water Co-op Resolution of September 9, 2009

Carried 6-0

ACCOUNTS AND FINANCE

Approval of Accounts

Resolution No.  245/2009

Egert/Dalgleish

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

 

 

 

 

 

 

 

 

 

 

 

21-Aug

       6,122.49

 

 

 

 

 

 

27-Aug

       3,897.42

 

 

 

 

 

 

27-Aug

       4,003.44

 

 

 

 

 

 

31-Aug

          974.99

 

 

 

 

 

 

31-Aug

     17,742.88

 

 

 

 

 

 

4-Sep

     18,784.30

 

 

 

 

 

 

10-Sep

       4,841.96

 

 

 

 

 

 

10-Sep

       3,914.73

 

 

 

 

 

 

10-Sep

     23,500.37

 

 

 

 

 

 

15-Sep

       8,554.39

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

 

     

 

 

 

 

 

 

 

 

 

 

 

 

TOTAL

 $      92,336.97

; and

 

 

 

 

 

 

 

 

 

 

 

Be it further resolved that council indemnity accounts in the sum net total amount of

 $    4,685.30

be approved for payment as follows:

 

 

 

 

 

 

 

 

 

Reg Atkinson

Emil Egert

Bob Brown

Sam Hofer

Heather Dalgleish

Mike Cranford

Valerie Thoman

Basic Indemnity

       824.25

          625.50

              625.50

          625.50

       625.50

       625.50

       625.50

Council/Ward Indemnity

 

          441.48

              263.19

            67.92

       101.88

 

 

Council/Ward Mileage

 

            94.30

              174.66

            12.30

         33.62

 

 

Convention & Delegation Indemnity

       314.13

            67.92

                      -  

 

       101.88

 

         46.70

Convention & Delegation Mileage

       167.28

            24.60

                      -  

 

         45.92

 

           6.15

Meals/Expenses

 

                  -  

 

 

 

 

 

Gross Total

    1,305.66

       1,253.80

           1,063.35

          705.72

       908.80

       625.50

       678.35

Less: CPP

 

 

               (14.89)

            (8.45)

        (12.93)

          (6.20)

          (7.75)

Less: Income Tax

   (1,105.66)

        (300.00)

             (150.00)

 

      (100.00)

      (150.00)

 

Net Total

       200.00

          953.80

              898.46

          697.27

       795.87

       469.30

       670.60

Carried 6-0

Resolution No.  246/2009

Egert/Cranford

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

 

 

 

 

 

 

 

 

 

 

 

27-Aug

          173.60

 

 

 

10-Sep

          165.37

 

 

 

 

 

 

 

 

 

 

 

 

 

 

TOTAL

 $           338.97

 

Carried 6-0

Authorize Expenditures

Authorize Attendance, Disaster Management Conference, November 4-6, 2009, Brandon

Resolution No. 247/2009

Egert/Hofer

Be it resolved that the Municipality's Emergency Co-ordinator be hereby authorized to attend at municipal expense in accordance with established policy a November 4-6, 2009 Disaster Management Conference scheduled for Brandon, Manitoba.

Carried 6-0

Authorize Attendance, 2009 Planning Conference, October 28-30, 2009, Brandon

Resolution No.248 /2009

Dalgleish/Thoman

Be it resolved that Council Members be hereby authorized to attend at municipal expense in accordance with established policy a October 28 - 30, 2009 Manitoba Planning Conference scheduled for Brandon, Manitoba.

Carried 6-0

Authorize Attendance, AMM Conference, November 23 - 26, 2009, Brandon

Resolution No. 249/2009

Egert/Hofer

Be it resolved that Council Members be hereby authorized to attend at municipal expense in accordance with established policy a November 23 - 26, 2009 AMM Conference schedule for Brandon, Manitoba.

Carried 6-0

Financial Statement Seven Months ended August 31, 2009

Resolution No.  250/2009

Dalgleish/Thoman

Be it resolved that the financial statement for the eight months ended August 31, 2009 be hereby received as presented.

Carried 6-0

Supplementary Assessment and Tax Cancellations

Resolution No.  251/2009

Cranford/Dalgleish

Be it resolved that supplementary assessments resulting in taxes added in the amount of $42,997.03 and cancellations in the amount of $12,544.70 as prepared by the Assessment Branch, Manitoba Intergovernmental Affairs, be hereby confirmed as processed.

Carried 6-0

BY-LAWS

By-law No. 1613/07/2009, Building Repair & Replacement Reserve Fund

Resolution No. 252/2009

Hofer/Egert

Be it resolved that first reading be given to By-Law 1613/07/2009.

Carried 6-0

UNFINISHED BUSINESS

None

GENERAL BUSINESS

Establish committee to consider administrative building improvements/repairs

Resolution No. 253/2009

Hofer/Egert

Be it resolved that the Finance Committee be hereby appointed to a special committee to consider and make recommendations for improvements to the administrative building.

Carried 6-0

Ward Tour

Resolution No. 254/2009

Hofer/Dalgleish

Be it resolved that arrangements be made for a tour of the Municipality to include members of Council and public works staff to be held during the first two weeks of October, 2009.

Carried 6-0

Ron & Heather Dalgleish, Removal of Garbage Levy to Roll #112950

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

Resolution No. 255/2009

Egert/Thoman

Be it resolved that a request by correspondence from Ron & Heather Dalgleish dated September 9, 2009 that a waste and recycling levy for 3 Woods Avenue in Sprucewoods be cancelled on the basis that the house has been empty since April, 2008 be hereby approved effective January 2009.

Defeated  0-5

Councillor Dalgleish returned to the Chamber.

Adoption of Emergency Pandemic Plan

Resolution No. 256/2009

Cranford/Dalgleish

Be it resolved that a Pandemic Plan for the Rural Municipality of Cornwallis as presented by the Emergency Coordinator be hereby adopted as provided to Council by correspondence dated September 11, 2009.

Carried 6-0

Engineering Services Agreement, Prosperity Acres Development

Resolution No. 257/2009

Thoman/Hofer

Be it resolved that the Municipality enter into Engineering Services Agreements with Burns Maendel for the following:

1.        Lot Grade Sheet production - Prosperity Acres Development, Proposal dated September 14, 2009;

2.        Inspection, Construction documentation, project coordination, as built drawing verification and final reporting - Prosperity Acres Development, Proposal dated September 14, 2009.

Carried  6-0

INQUIRIES

Councillor Egert inquired about the Notice of Motion process.

NOTICE OF MOTION

None

ADJOURNMENT

Resolution No. 258/2009

Hofer/Thoman

Resolved that this meeting be adjourned.

Carried 6-0

Adjourn time:  7:45 P.M.

 

Approved: __________________________________________ 2009

 

 

 

 

                                                                                                                _____________________________________________

  REEVE

                                                                                               

 

                                                                                                                                                                                                                _____________________________________________

                FINANCE OFFICER / ASSISTANT C.A.O.