Minutes

Regular Meeting Minutes of Nov. 17/09
11/19/2009

 

RURAL MUNICIPALITY OF CORNWALLIS

 

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

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

REGRETS:            

Reeve Reg Atkinson

ADMINISTRATION PRESENT:

CAO, R. L. (Bob) Wallis

                                                                                               

CALL TO ORDER - Deputy Reeve Brown

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

CONFIRMATION OF MINUTES

Resolution No. 291/2009

Dalgleish/Hofer

Be it resolved that the minutes of the October 14, 2009, 2009 Legislative and Finance Committee Meeting be approved as circulated and posted.

Carried 6-0

Resolution No. 292/2009

Dalgleish/Egert

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

Carried 6-0

Resolution No. 293/2009

Cranford/Thoman

Be it resolved that the minutes of the Board of Revision of October 20, 2009 be received as circulated.

Carried 6-0

ADOPTION OF THE AGENDA

Resolution No. 294/2009

Egert/Cranford

Be it resolved that the Agenda be adopted as presented.

Carried 6-0

HEARINGS, PLANNING AND DELEGATIONS 

Conditional Use Application No. C-13-09-C, Hladky Holdings Ltd., Lot 1, Plan 48248, E ½ 27-10-18 WPM

IN THE MATTER OF THE CONDITIONAL USE APPLICATION NO. C-13-09-C

7:05 P.M.

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

Councillor Hofer disclosed an interest citing his involvement within the Chater Water Co-op Ltd. and withdrew from the Council Chamber.

Wayne Cochrane inquired about plans to protect water, how the excavation would be filled when mining is completed and water retention and absorption into the acquifer.

Phil Dorn and Peter Tines spoke in support of the application and responding to inquiries.  The applicants indicated that they did not plan to fill the excavation, but that the excavation would form part of a future development that they proposed for the area.  The applicants indicated that concerns about contamination of the aquifer were a matter of risk management.  The applicants indicated that the Mines Branch and the R.M. of Cornwallis required that the aggregate be mined before development could take place.

Dan McPherson of the Brandon and Area Planning District responded to inquiries and referenced an Agreement between the Mines Branch and the Municipality that was completed approximately 50 years ago related to the removal of aggregate before development could occur.

The Chair read into the record the following items of correspondence:

  1. R.N. Betcher, Manager, Groundwater Management Section, Manitoba Water Stewardship, indicating a risk of impact to the aquifer is increased to some degree by gravel quarries.
  2. Kim Barlishen, Senior Approvals Engineer, Office of Drinking Water, Manitoba Water Stewardship, indicating concerns about potential impacts on the safety of the local water supply.
  3. Peter Crocker, District Supervisor/Environment Officer, Environmental Operations, Manitoba Conservation, indicating a potential risk to water quality.

Resolution No. 295/2009

Thoman/Cranford

Be it resolved that the public hearing to hear representation concerning Conditional Use Application No. C-13-09-C, Lot 1, Plan 48248, E ½ 27-10-18 WPM be closed.

Carried 6-0

8:40 P.M.

Matters Deferred from Hearing

Conditional Use Application No. C-13-09-C, Hladky Holdings Ltd., Lot 1, Plan 48248, E ½ 27-10-18 WPM

Resolution No.  296/2009

Cranford/Thoman

Whereas Hladky Holdings Ltd applied for a Conditional Use Order to permit a sand and gravel extraction operation within the GD General Development Zone at Lot 1, Plan 48248, E ½ 27-10-18 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 rejects the application as submitted.

Carried 3-1

In favour:  Councillors Dalgleish, Thoman, Cranford

Opposed:  Deputy Reeve Brown

Absent:  Councillors Egert, Hofer - due to disclosure

Councillors Egert and Hofer returned to the Council Chamber.

Other Planning Matters

Proposal to Subdivide, Pt. SW 34-10-17 WPM, Disterhoft

Resolution No. 297/2009

Dalgleish/Thoman

Be it resolved that a proposal to Subdivide Pt. SW ¼ 34-10-17 WPM, being Application No. 4116-09-455 be hereby rejected.  

Carried 6-0

Delegations

Les Lesack, Request to withdraw request to finance road construction as a local improvement

Les Lesack attended and advised that instead of proceeding with a road to access his lot as a local improvement he preferred to build the road at his own expense.  Mr. Lesack indicated the distance of road on government road allowance would be in the range of 200 to 300 metres.  The balance of road would be built as a private lane on his own property.

Resolution No. 298/2009

Egert/Thoman

Be it resolved that Les Lesack be authorized to build a road at his own expense on a road allowance to access Lot 13, Plan 32328; and

Be it further resolved that such road be built to municipal standards to be approved and inspected by the Municipality's engineer at the expense of the R.M. of Cornwallis.

Carried 6-0

Yogesh Goradia, Quarry Lease Proposals North of Secs .2/3-10-18 WPM, City of Brandon Boundary Road, deferred from October 20, 2009

Yogesh Goradia attended to outline his opposition to quarry leases proposed for the road allowance North of Sections 2 and 3, Township 10, Range 18 WPM.  Dr. Goradia outlined that if the quarry lease were granted he would expose himself to a liability problem associated with using a private roadway in order to access his property for gravel extraction operations.  Dr. Goradia indicated as well that a potential alternative route may not be at a proper standard, is subject to holding water, and could effect the value of his property.  Further that if the quarry lease were granted, it would eliminate the prospect of Patricia Avenue East being upgraded until the quarry lease expired.

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

Resolution No. 299/2009

Dalgleish/Thoman

Be it resolved that correspondence and a presentation from Yogesh Goradia objecting to quarry lease proposals North of Sections 2 and 3, Township 10, Range 18 WPM be hereby received and deferred to the Order of Unfinished Business.

Carried 5-0

Absent:  Councillor Egert - due to disclosure

Councillor Egert returned to the Council Chamber.

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

UNFINISHED BUSINESS

Resolution No. 300/2009

Thoman/Cranford

Whereas the authority to licence quarry leases on road allowances is under the jurisdiction of the Manitoba Mines Branch;

Now therefore be it resolved that the Council of the R.M. of Cornwallis advise all parties either supporting or objecting to quarry lease applications on road allowances to contact the Manitoba Mines Branch.

Carried 5-0

Absent:  Councillor Egert - due to disclosure

Councillor Egert returned to the Council Chamber.

REPORTS OF COMMITTEES

None

RECEPTION OF PETITIONS

None

COMMUNICATIONS

Resolution No. 301/2009

Hofer/Thoman

Be it resolved that the following communication items be received as information:

Date                       Item

Undated                 MPSC 2009 Community Recycling Report Card

16 Oct 09               MTCML Rebate Notification

22 Oct 09               BAPD, enclosing  notification to property owner of Manitoba Transportation  requirement for alternative access reference C-12-09-C at Pt NE 17-10-19 WPM

21 Oct 09               Manitoba Hydro, Bipole III, Round 3 - Alternative Route Selection

21 Oct 09               Minister of Intergovernmental Affairs, amendments to The Municipal Council Conflict of Interest and Campaign Financing Act

19 Oct 09               Sensus Partnership, PSAB Requirements

28 Oct 09               AMM Member Advisory, amendments to The Municipal Council Conflict of Interest and Campaign Financing Act

20 Oct 09               Manitoba Water Stewardship, test drilling of Spiritwood buried valley for aquifer yields

Aug 09                   Municipal Police Service Report

Sep 09                   Municipal Police Service Report

Oct 09                    Municipal Police Service Report

30 Oct 09               Minister of Intergovernmental Affairs, The Community Revitalization Tax Increment Financing Act

09 Nov 09               Lee Jebb on behalf of Gravel Plus requesting that Council defer consideration of earlier correspondence from Gravel Plus related to a quarry lease application N of 2/3-10-18 WPM

Carried 6-0

ACCOUNTS & FINANCE

Approval of Accounts

Councillor Egert disclosed an interest in the accounts to be approved for payment and withdrew from the Council Chamber.

Resolution No. 302/2009

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

22-Oct

       10,038.81

 

 

 

 

 

 

22-Oct

         4,768.06

 

 

 

 

 

 

22-Oct

         3,814.91

 

 

 

 

 

 

30-Oct

  1,568,748.00

 

 

 

 

 

 

30-Oct

            700.62

 

 

 

 

 

 

04-Nov

         9,838.37

 

 

 

 

 

 

05-Nov

     253,239.18

 

 

 

 

 

 

05-Nov

         3,821.56

 

 

 

 

 

 

05-Nov

         3,437.32

 

 

 

 

 

 

10-Nov

       14,858.11

 

 

 

 

 

 

 

 

TOTAL

 $ 1,873,264.94

; and

 

 

 

 

 

 

 

 

 

 

 

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

 $    5,272.43

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

              62550

          625.50

       625.50

       625.50

       625.50

Council/Ward Indemnity

 

            475.44

              254.70

            67.92

       152.82

 

 

Council/Ward Mileage

 

            151.70

                77.49

              8.20

         18.04

 

 

Convention & Delegation Indemnity

       679.20

              87.11

                34.64

          169.80

       449.97

       135.84

         89.15

Convention & Delegation Mileage

       118.90

                    -  

 

              8.20

       111.93

         20.50

         14.76

Meals/Expenses

 

 

                16.96

 

 

 

 

Gross Total

    1,622.35

         1,339.75

           1,009.29

          879.62

    1,358.26

       781.84

       729.41

Less: CPP

 

 

               (15.75)

          (14.05)

        (26.10)

        (10.69)

          (9.15)

Less: Income Tax

   (1,422.35)

          (500.00)

             (150.00)

 

      (150.00)

      (150.00)

 

Net Total

       200.00

            839.75

              843.54

          865.57

    1,182.16

       621.15

       720.26

 

 

 

 

 

 

 

 

         

Carried 5-0

Absent:  Councillor Egert - due to disclosure

Councillor Egert returned to the Council Chamber.

Deputy Reeve Brown disclosed an interest in the accounts to be approved for payment and withdrew from the Council Chamber. 

Councillor Dalgleish assumed the Chair.

Resolution No. 303/2009

Egert/Cranford

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

 

 

 

 

 

22-Oct

          231.52

 

 

05-Nov

          507.88

 

 

 

 

 

 

 

 

 

 

 

TOTAL

 $           739.40

 

 

 

 

 

Carried 5-0

Absent:  Councillor Brown - due to disclosure

Deputy Reeve Brown returned to the Council Chamber and resumed the Chair.

Authorize Expenditures

2009 Grants Recommended

Resolution No. 304/2009

Thoman/Cranford

Be it resolved that in addition to 2009 grants previously approved by Council, and being as follows:

Elton Collegiate - Scholarship Award                      $500.00

FCM Sponsorship                                                $100.00

Royal Manitoba Winter Fair                                   $305.00

Shilo Civilian Medical Clinic                                   $3600.00

Sprucewoods Rodeo Club                                      $250.00

That the following additional 2009 Grants be approved as follows:

Brandon Hills Cemetery                                         $925.00

Brandon Hills Community Centre                           $1250.00

Brandon Shrine Circus Daddy Club                            $50.00

Chater Cemetery                                                   $855.00

Chater Community Centre                                     $1250.00

Glen Souris Cemetery                                            $300.00

KidSport                                                               $200.00

Manitoba Agriculture Hall of Fame                            $100.00

Pioneer Power and Equipment Club                           $315.00

Shilo Military Family Resource Centre

Summer Fun Program                                             $750.00

Sprucewoods Community Centre                              $1250.00

Sprucewoods Lions Club                                            $500.00

The Salvation Army                                                   $200.00

Carried 6-0

Holiday Season - Recognition of Staff

Resolution No. 305/2009

Egert/Thoman

Be it resolved that a gift certificate in the amount of $50.00 be purchased for each member of the Municipality's staff at the CAO's discretion.

Carried 6-0

Financial Statements ten months ended October 31, 2009

Resolution No. 306/2009

Thoman/Cranford

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

Carried 6-0

Tax Cancellation, Assessment Branch

Resolution No. 307/2009

Dalgleish/Thoman

Be it resolved that supplementary cancellations in the amount of $373.48 as prepared by the Assessment Branch, Manitoba Intergovernmental Affairs, be hereby confirmed as processed.

Carried 6-0

BY-LAWS

Tax Discount and Penalty By-law No. 1614/08/2009, Second and Third Readings

Resolution No. 308/2009

Thoman/Cranford

Be it resolved that second reading be given to By-law No. 1614/08/2009 being a By-law to establish rates of discount for prepayment and penalty for late payment of taxes.

Carried 6-0

Resolution No. 309/2009

Cranford/Thoman

Be it resolved that third reading be given to By-law No. 1614/08/2009 being a By-law to establish rates of discount for prepayment and penalty for late payment of taxes.

Carried 6-0

Tax Installment Payment Plan By-law No. 1615/09/2009, Second and Third Readings

Resolution No. 310/2009

Thoman/Cranford

Be it resolved that second reading be given to By-law No. 1615/09/2009 being a By-law to regulate the payment of property taxes on installment.

Carried 6-0

Resolution No. 311/2009

Dalgleish/Hofer

Be it resolved that third reading be given to By-law No. 1615/09/2009 being a By-law to regulate the payment of property taxes on installment.

Carried 6-0

GENERAL BUSINESS

Appointment to Assiniboine Hills CD Subdistricts

Resolution No. 312/2009

Thoman/Cranford

Be it resolved that the Council of the Rural Municipality of Cornwallis hereby makes the following appointments to the Assiniboine Hills Conservation District:

1.       To the Little Souris Sub District for a term of two years, Gord Beddome;

2.       To the Epinette-Willow Sub District for a term of two years, Heather Dalgleish.

Carried 6-0

Appointment to Brandon Salutes Committee

No Action

City of Brandon Public Works, Waste Reduction and Recycling Support Program

Resolution No. 313/2009

Cranford/Thoman

Be it resolved that the Council hereby acknowledges the $10.00 per tonne additional charge for tipping at Brandon Landfill facility effective October 1, 2009 as a result of Green Manitoba's Waste Reduction and Recycling Support Program; and

Be it further resolved that 2010 tipping rates at Brandon Landfill and the WRARS levy be approved in the amount of $45.00 and $10.00 per tonne respectively.

Carried 6-0

INQUIRIES

Councillor Dalgleish inquired about the status of a report on animal control services that had been requested previously.

Councillor Egert inquired about amendments to the Animal Control By-law that would regulate cats within urban and settlement centres in the same manner as dogs.

NOTICE OF MOTION

None

ADJOURN

Resolution No. 314/2009

Cranford/Thoman

Resolved that this meeting be adjourned.

Carried 6-0

Adjourn time:  9:06 P.M.

 

Approved: __________________________________________ 2009

 

 

 

 

                                                                                                                _____________________________________________

          DEPUTY  REEVE               

                                                                                               

 

                                                                                                                                                                                                                _____________________________________________

                CHIEF ADMINISTRATIVE OFFICER