Minutes

Regular Meeting Minutes of Jan. 19/10
1/20/2010

 

RURAL MUNICIPALITY OF CORNWALLIS

Minutes of the Regular Meeting of Council held in the Council Chambers of the Municipality on Tuesday, January 19, 2010.

 

PRESENT:           

Reeve Reg Atkinson

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

ABSENT:               

Councillor Emil Egert, Ward One

ADMINISTRATION PRESENT:

CAO, R. L. (Bob) Wallis

Finance Officer/Assistant CAO, Donna Anderson

                                                                                               

CALL TO ORDER - Reeve Reg Atkinson

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

CONFIRMATION OF MINUTES

Resolution No. 01/2010

Hofer/Thoman

Be it resolved that the minutes of the December 15, 2009 regular meeting be adopted as circulated and posted.

Carried 6-0            

ADOPTION OF THE AGENDA

Resolution No. 02/2010

Hofer/Cranford    

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

Carried 6-0            

RECEPTION OF PUBLIC HEARINGS AND DELEGATIONS

Resolution No.  03/2010

Brown/Thoman

Be it resolved that the Council recess 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:

a.       Conditional Use Application No. C-14-09-C, Loyalty Transport Ltd., Pt. NE ¼ 29-10-19 WPM

Conditional Use Application C-14-09-C, Loyalty Transport Ltd., Home Based Trucking in an "AG80" Agricultural Zone, Ward 3

IN THE MATTER OF THE CONDITIONAL USE APPLICATION NO. C-14-09-C

7:05 P.M.

Ms. Paula Pengally, the applicant spoke in favour of the application.

Mr. Neil Roy spoke against this application; a written report was also received.

Mr. Mike Pengally spoke in favour of the application.

Resolution No. PH 01/2010

Dalgleish/Thoman

Be it resolved that the public hearing to hear representation concerning Conditional Use Application No. C-14-09-C, Pt. NE ¼ 29-10-19 WPM be closed.

Carried 6-0

Matters from Public Hearings

IN THE MATTER OF THE CONDITIONAL USE APPLICATION NO. C-14-09-C

Resolution No. 04/2010

Hofer/Dalgleish

Whereas Loyalty Transport Ltd. applied for a Conditional Use Order to permit a home based trucking business within the "AG80" Agricultural General Zone at Pt NE ¼ 29-10-18 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.

REPORTS OF COMMITTEES

None

RECEPTION OF PETITIONS

None

COMMUNICATIONS

Resolution No.05/2010

Hofer/Thoman

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

Date                        Item

25Nov09                 Manitoba Mines Branch, QL-2107, Rd Allowance between SW 1-10-18 and SE 2-10-18 WPM

29Dec09                 SRDC, Call for Nominations

30Dec09                 Donald Legal Services obo Chater Water Co-op reference Meadows of Chater

05Jan10                  Centra Gas Manitoba Inc., Notice of Application and Pre-Hearing Conference

Undated                 City of Brandon, Notice of Hearing, Proposal to Subdivide, 2200 - 1st Street

07Jan10                  BAPD, copy of correspondence to Hladky Holdings Ltd. reference Pt NE 17-10-18 W aggregate extraction and development proposals

Undated                 Assiniboine RHA, Municipal Health Committee Update

04Jan10                  Highway Traffic Board, Notice of Hearing, Pt NE 17-10-19W, McGill, RTM display in controlled area

Undated                 Community Places Program Workshop

07Jan10                  BAPD, copy of correspondence to Manitoba Labour regarding inspections of Part 3 buildings, Manitoba Building Code

Carried 6-0 

ACCOUNTS & FINANCE

Approval of Accounts

Resolution No. 06/2010

Brown/Dalgleish

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

 

 

 

 

 

 

 

 

 

 

 

 

17-Dec

         3,831.04

 

 

 

 

 

 

17-Dec

         2,280.21

 

 

 

 

 

 

22-Dec

         8,480.04

 

 

 

 

 

 

31-Dec

         1,863.76

 

 

 

 

 

 

31-Dec

         1,953.49

 

 

 

 

 

 

31-Dec

            590.90

 

 

 

 

 

 

31-Dec

         2,706.71

 

 

 

 

 

 

6-Jan

         6,142.31

 

 

 

 

 

 

13-Jan

       27,937.54

 

 

 

 

 

 

14-Jan

         3,775.62

 

 

 

 

 

 

14-Jan

         1,973.56

 

 

 

 

 

 

18-Jan

       42,629.42

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

   

 

     

 

 

 

 

 

 

 

 

 

 

 

 

TOTAL

 $    104,164.60

; and

 

 

 

 

 

 

 

 

 

 

 

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

 $    4,167.24

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

 

            101.88

              118.86

            16.98

               -  

 

 

Council/Ward Mileage

 

            102.50

              103.32

            12.30

               -  

 

 

Convention & Delegation Indemnity

       169.80

              84.90

                50.94

            50.94

       101.88

         50.94

               -  

Convention & Delegation Mileage

         55.76

              49.20

                  9.02

              8.20

         41.00

         20.50

               -  

Meals/Expenses

 

              33.92

                      -  

            50.88

 

 

 

Gross Total

    1,049.81

            997.90

              907.64

          764.80

       768.38

       696.94

       625.50

Less: CPP

 

 

               (11.81)

            (8.45)

          (9.57)

          (7.89)

          (6.20)

Less: Income Tax

      (849.81)

          (300.00)

             (150.00)

 

      (150.00)

      (150.00)

 

Net Total

       200.00

            697.90

              745.83

          756.35

       608.81

       539.05

       619.30

Carried 6-0 

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

Resolution No.07 /2010

Hofer/Cranford

 

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

 

 

 

 

 

 

 

 

 

 

 

17-Dec

          224.06

 

 

 

31-Dec

          148.81

 

 

 

31-Dec

          128.12

 

 

 

14-Jan

          319.52

 

 

 

 

 

 

 

 

 

TOTAL

 $           820.51

 

Carried 5-0 

Councillor Brown returned to the Council Chamber.

Authorize Expenditures

Provisional Estimates

Resolution No. 08/2010

Hofer/Cranford

Be it resolved that in accordance with Section 163 of the Municipal Act the Council hereby adopts an interim operating budget for the year 2010 as follows:

General Government Services                                175,000.00

Protective Services                                               110,000.00

Transportation Services                                         250,000.00

Environmental Health Services                                 50,000.00

Public Health and Welfare Services                           25,000.00

Environmental Development Services                        30,000.00

Economic Development Services                               20,000.00

Recreation and Cultural Services                                5,000.00

Fiscal Services                                                        10,000.00

TOTAL                                                                 675,000.00

Carried 6-0

BY-LAWS

Animal Control By-law No. 1616/10/2009, Second and Third Reading

Resolution No. 09/2010

Brown/Hofer

Be it resolved that second reading be given to By-law No. 1616/10/2009, being a By-law to repeal and replace the Municipality's Animal Control By-law No. 1583/01/2004.

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. 1611/05/2009 third reading.

Resolution No. 10/2010

Cranford/Dalgleish

Be it resolved that third reading be given to By-law No. 1616/10/2009, being a By-law to repeal and replace the Municipality's Animal Control By-law No. 1583/01/2004.

Carried 6-0 

For:  Atkinson, Brown, Cranford, Dalgleish, Hofer, Thoman    Absent with Council Approval:  Egert

Campaign Expenses and Contributions By-law 1617/01/2010, First Reading Only

Resolution No.  11/2010

Hofer/Brown

Be it resolved that first reading be hereby given to By-law No. 1617/01/2010, being a By-law to regulate Campaign Finances and Contributions.

Carried 5-1                For:  Atkinson, Brown, Dalgleish, Hofer, Thoman Against:  Cranford

UNFINISHED BUSINESS

Report from Senior Operator, Public Works, Lesack Access Road, SW 32-10-19 W

Resolution No. 12/2010

Brown/Dalgleish

Be it resolved that Les Lesack be hereby authorized to build at his own expense, a road and associated drainage works necessary to access his property at Lot 13, Plan 32328, said construction to be as specified and to the satisfaction of the Municipality's Senior Machine Operator in consultation with the ward councillor;

Amendment

Dalgleish/Thoman

That any engineering consultation deemed necessary by the Municipality be at the developer's expense.

Carried 5-1                For:  Atkinson, Cranford, Dalgleish, Hofer, Thoman Against:  Brown

Carried As Amended  5-1  For:  Atkinson, Cranford, Dalgleish, Hofer, Thoman Against:  Brown

Addition to Tax Roll for Collection, Road Construction Accessing Pt SE 1-10-18 W

Resolution No. 13/2010

Hofer/Thoman

Be it resolved that an unpaid invoice dated December 7, 2009 for work done on a road allowance accessing Pt. SE 1-10-18 WPM  be added to the tax roll for the benefitting property in the amount of $1,560.80.

Carried 6-0

GENERAL BUSINESS

Deputy Reeve

Resolution No. 14/2010

Brown/Thoman

Be it resolved that Councillor Dalgleish be hereby appointed Deputy Reeve.

Carried 6-0

Board of Directors, Brandon and Area Planning District, Three members and One alternate

Resolution No. 15/2010

Hofer/Thoman

Be it resolved that the following persons be confirmed as the Municipality's appointees to the Board of Directors of the Brandon and Area Planning District:

1.  Reg Atkinson

2.  Emil Egert

3.  Bob Brown

And; 

Be it further resolved that Heather Dalgleish be named an alternate member in accordance with Section 17(3) of The Planning Act.

Carried 6-0

Standing Committee Appointments

Resolution No. 16/2010

Hofer/Brown

Be it resolved that Council hereby approves the following Standing Committee Chair appointments:

Emil Egert as Legislative and Finance Chair; and

Mike Cranford as Personnel and Policy Chair; and

Bob Brown as Transportation Services Chair; and

Sam Hofer  as Protective Services Chair; and

Val Thoman as Environmental Health Services Chair;

Heather Dalgleish as Economic Development Services Committee Chair.

Carried 5-1  For:  Atkinson, Brown, Dalgleish, Hofer, Thoman                 Against:  Cranford

Tax Sale Date and Designated Year for Tax Sale

Resolution No. 17/2010

Dalgleish/Cranford

Be it resolved that the Municipality set October 14, 2010 as the next tax sale date and that the year 2009 be the designated year for the purposes of the sale.

Carried 6-0

Employee Code of Conduct, Policy Resolution

Resolution No. 18/2010

Cranford/Brown

Be it resolved that an Employee Code of Conduct in the form prepared by the Department of Local Government and presented to Council this date be hereby adopted as Municipal policy.

Carried 6-0

Letter of Understanding, Canadian Red Cross Society, Emergency Planning

Resolution No. 19/2010

Hofer/Dalgleish

Be it resolved that the Municipality's Emergency Co-ordinator be hereby authorized to complete a letter of understanding with the Canadian Red Cross, Manitoba Region related to registration and inquiry services associated with a local disaster response.

Carried 6-0

Capital Levies, Hladky Holdings Ltd.

Resolution No. 20/2010

Hofer/Brown

Be it resolved that the R.M. of Cornwallis propose to Hladky Holdings Ltd., an alternative payment schedule.  

Defeated  0-6

Resolution No. 21/2010

Thoman/Dalgleish

Whereas as at December 31, 2009, Hladky Holdings Ltd., is in default of its obligations to pay capital levies associated with the Meadows of Chater development;

Now therefore be it resolved that the Municipality's legal counsel be hereby directed to issue a notice of default allowing an appropriate timeframe for compliance; and

Be it further resolved that in the event of further non-compliance, that legal counsel recommend an appropriate legal remedy, including but not limited to drawing upon the Letter of Credit.

Carried 6-0

City of Brandon Annexation Proposal, Pt. NE and NW 1-10-19 WPM

Resolution No. 22/2010

Brown/Dalgleish

Be it resolved that the Council of the R.M. of Cornwallis opposes a proposal by the City of Brandon by letter dated December 17, 2009 to annex Pt. NE and NW ¼ 1-10-19 WPM from the R.M. of Cornwallis; and

Be it further resolved that the Council of the R.M. of Cornwallis hereby requests the Council of the City of Brandon to defer the application until such time as a separate application by the City dated March, 28, 2008 proposing to annex land at NW and SE 9-10-19 W and SW 10-10-19 W, has been determined; and

Be it further resolved that in the event the City of Brandon proceeds with the proposal despite the Municipality's request for deferral, that the following persons be appointed to represent the Municipality at meetings:

Reeve Atkinson, Councillor Brown and Councillor Egert and Councillor Dalgleish as alternate.

Carried 6-0

Sprucewoods Wastewater, Notice of Intent and Appointment of Special Committee

Resolution No. 23/2010

Dalgleish/Thoman

Be it resolved that the Council of the R.M. of Cornwallis hereby indicates its intention to enter into a dialogue with the Department of National Defence with the objective of assuming ownership of the lagoon adjacent to the Shilo Base including all operating responsibilities; and

Be it further resolved that the Manitoba Water Services Board be requested to provide technical and financial assistance; and

Be it further resolved that Councillor Dalgleish spearhead this initiative.

Carried 6-0

Assiniboine Hills Conservation District, Agreement in Principle, Integrated Watershed Management Plan

Resolution No. 24/2010

Dalgleish/Thoman

Be it resolved that the Council of the R.M. of Cornwallis hereby authorizes Reeve Atkinson to sign an Agreement in Principle for integrated watershed management for the Central Assiniboine and Lower Souris River as presented to Council by correspondence from the Assiniboine Hills Conservation District dated January 11, 2010.

Carried 6-0

Adoption of Emergency Pandemic Plan

Resolution No. 25/2010

Brown/Dalgleish

Be it resolved that the Emergency Response Plan for the Rural Municipality of Cornwallis as updated by the Emergency Coordinator on November 10, 2009 and filed with the Municipality on January 13, 2010 be hereby adopted.

Carried 6-0

Civic Addressing Inquiry

Resolution No. 26/2010

Hofer/Brown

Be it resolved that a report concerning rural civic addressing be hereby received as information.

Carried 6-0

INQUIRIES

Councillor Thoman made an inquiry regarding a donation to the Red Cross for the Haiti Relief efforts.  This item was requested to be placed on the February Agenda.

NOTICE OF MOTION

None

ADJOURN

Resolution No. 27/2010

Dalgleish/Brown

Resolved that this meeting be adjourned.

Carried 6-0

Adjourn time:  8:52 P.M.

 

Approved: __________________________________________ 2010

 

 

 

 

                                                                                                                _____________________________________________

                REEVE

 

                                                                                                                                                                                                                _____________________________________________

                FINANCE OFFICER / ASSISTANT CAO