Minutes

Regular Meeting Minutes of Mar 18, 2008
3/25/2008

  RURAL MUNICIPALITY OF CORNWALLIS

Minutes of a Regular Meeting of Council held in the Council Chambers of the Municipality on Tuesday, March 18, 2008.

PRESENT:        

Reeve Kurt Wasserberg

Councillor Emil Egert, Ward One

Councillor Bob Brown, Ward Two

Councillor Sam Hofer, Ward Three

Councillor Heather Dalgleish, Ward Four

Councillor Mike Cranford, Ward Five

Councillor Valerie Thoman, Ward Six

Chief Administrative Officer, Bob Wallis

Administrative Assistant, Shelley Livingstone

CALL TO ORDER

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

CONFIRMATION OF MINUTES

Resolution No. 70/2008

Egert/Dalgleish

Be it resolved that the minutes of the February 19, 2008 Regular Meeting of Council be approved as circulated and posted.

Carried 7-0

ADOPTION OF THE AGENDA

Resolution No. 71/2008

Cranford/Thoman

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

                11. General Business

                                G. Municipal Board Hearing

                                H. Richmond Waste Transfer Station

                                I.  Kreller Bridge

Carried 7-0

COMMUNICATIONS

Resolution No. 72/2008

Brown/Egert

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

Date                       Item

20 Feb 08                SRDC, Promotional Opportunity, Trade and Commerce Magazine

29 Feb 08                HED, Municipal General Insurance Program

06 Mar 08                Manitoba Water Stewardship, CD Framework Discussion

20 Feb 08                SRDC Promotional Opportunity

05 Mar 08                MARCD, Notice of cease of operation

06 Mar 08                City of Brandon Planning Department, Notice of Hearing, By-law 6896

Carried 7-0

Resolution No. 73/2008

Thoman/Dalgleish

Be it resolved that the RM of Cornwallis support the Resolution by the Town of Shoal Lake that the AMM approach HED regarding potential Insurance premium rates as estimated by HED by letter dated February 29, 2008.

Carried 7-0

RECEPTION OF DELEGATIONS AND PUBLIC HEARINGS

Conditional Use Order Application No.  Kain, Pt. NE 1/4 27-10-18 WPM

Resolution No. 74/2008

Brown/Hofer

Resolved that the Council Adjourn to a public hearing to consider Conditional Use Order Application No. C-1-08-C.

Carried 7-0

Resolution No. 75/2008

Hofer/Brown

Be it resolved that the public hearing to consider Conditional Use Application No. C-1-08-C be closed.

Carried 7-0

Resolution No. 76/2008

Hofer/Brown

Whereas Helen Kain applied for a Conditional Use Order to permit a non-farm dwelling in the "AG80" Agricultural General Zone at Pt. NE 1/4 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 approves the application as submitted and authorize that Conditional Use Order No. C-1-08-C be issued subject to the following conditions:

None.

Carried 7-0

Conditional Use Order Application No. C-2-08-C, Melcosky & Lawford,  Pt. NE 1/4 28-9-19 WPM

Resolution No. 77/2008

Cranford/Thoman

Resolved that the Council Adjourn to a public hearing to consider Conditional Use Order Application No. C-2-08-C.

Carried 7-0

Resolution No. 78/2008

Dalgleish/Thoman

Be it resolved that the public hearing to consider Conditional Use Application No. C-2-08-C be closed.

Carried 7-0

Resolution No. 79/2008

Brown/Egert

Whereas David Melcosky and Jacqueline Lawford applied for a Conditional Use Order to permit a non-farm dwelling in the "AG80" Agricultural General Zone at Pt.  NE ¼ 28-9-19 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 and authorize that Conditional Use Order No. C-2-08-C be issued subject to the following conditions:

None.

Carried 7-0

Conditional Use Order Application No.C-3-08-C,  Milton, Lot  SP Plan 2108, Pt. N ½  19-10-17 WPM

Resolution No. 80/2008

Thoman/Hofer

Resolved that the Council Adjourn to a public hearing to consider Conditional Use Order Application No. C-3-08-C.

Carried 7-0

Resolution No. 81/2008

Hofer/Egert

Be it resolved that the public hearing to consider Conditional Use Application No. C-3-08-C be closed.

Carried 7-0

Resolution No. 82/2008

Hofer/Dalgleish

Whereas Paul and Edna Milton applied for a Conditional Use Order to permit a home based business (specialized agriculture - green house operation) with outside storage in the "RR40" Residential Rural Zone at Lot 3, SP Plan 2108, Pt.  N ½  19-10-17 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 and authorize that Conditional Use Order No. C-3-08-C be issued subject to the following conditions:

None.

Carried 7-0

REPORTS OF COMMITTEES

None

RECEPTION OF PETITIONS

None

ACCOUNTS & FINANCE

Approval of Accounts

Resolution No. 83/2008

Egert/Thoman

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

                Feb 21/08                2,988.42

                Feb 28/08               19,048.63

                Feb 28/08                   691.87

                Feb 28/08                2,536.10

                Feb 29/08                   892.50

                Feb 29/08                   475.20

                 Mar 7/08                 9,990.29

               Mar 13/08                18,097.70

               Mar 13/08                    637.72

               Mar 13/08                  2,567.65                             

               Mar 17/08                21,723.28                            

                                  TOTAL $79,649.36; and

Be it further resolved that council indemnity accounts in the sum net total amount of  $5,498.24 be approved for payment as follows:

 

 

Kurt

Wasserberg

 

Emil Egert

 

 

Bob

Brown

 

Sam Hofer

 

Heather

Dalgleish

 

Mike Cranford

 

Valerie

Thoman

Basic Indemnity

805.71

611.43

611.43

611.43

611.43

611.43

611.43

Council/Ward Indemnity

 

166.00

124.50

49.80

58.10

 

 

Council/Ward Mileage

 

136.00

113.60

32.00

40.40

 

 

Convention & Delegation Indemnity

107.90

66.40

8.30

 

282.20

74.70

236.55

Convention & Delegation Mileage

84.00

24.00

 

 

217.60

 

11.20

Meals/Expenses

33.16

 

 

 

44.38

 

44.38

Gross Total

1,030.77

1,003.83

857.83

693.23

1,254.11

686.13

903.56

Less: CPP

30.79

 

22.40

18.29

32.67

19.53

27.54

Less: Income Tax

80.00

300.00

150.00

 

100.00

150.00

 

 

Net Total

 

919.98

 

703.83

 

685.43

 

674.94

 

1,121.44

 

516.60

 

876.02

Carried 7-0

Authorize Expenditures

Authorize attendance, High Integrity Political Tactics for Effective Council Relationships

Resolution No. 84/2008

Egert/Dalgleish

Be it resolved that all Council members be hereby authorized to attend at municipal expense in accordance with established policy an April 18, 2008 High Integrity Political Tactics for Effective Council Relationships workshop scheduled for Brandon, Manitoba.

Carried 7-0

Authorize attendance, MGRA

No action

Office Windows

Resolution No. 85/2008

Brown/Thoman

Be it resolved that the Municipality contract Diamond Edge Glass Works to install three window units in the administrative building at a total cost of $6,691.50 plus GST, labour included.

Carried 6-1

Opposed: Hofer

MGRA, Basic Road Construction and Reconstruction Seminar

Resolution No. 86/2008

Dalgleish/Thoman

Be it resolved that Corrie Syganiec be hereby authorized to attend at municipal expense in accordance with established policy, an April 16, 2008 Basic Road Construction and Reconstruction Seminar scheduled for Brandon, Manitoba.

Carried 7-0

Unaudited to December 31, 2007

Resolution No. 87/2008

Egert/Thoman

Be it resolved that the un-audited financial statement for the year ended December 31, 2007 be hereby received as presented.

Carried 7-0

Two months ended February 29, 2008

Resolution No. 88/2008

Egert/Dalgleish

Be it resolved that the financial statement for the two months ended February 29, 2008 be hereby received as presented.

Carried 7-0

Tenders and Requests for Proposals

Councillor Egert declared an interest and vacated the Council Chamber.

2008 A-Base Course Gravel Tender A, South of River

Resolution No. 89/2008

Brown/Dalgleish

Whereas the Municipality received the following tenders in response to its invitation for its 2008 A-Base Course Gravel Tender A for Wards One and Two:

Fred Gilbert Trucking                           $7.44

Gravier Collet Gravel Inc.                   $10.24

Wally's Trenching Co. Ltd.                  $ 7.15

M.L.K. Construction & Leasing Ltd.      $10.75

Now therefore be it resolved that the Municipality hereby awards the 2008 A-Base Course Gravel Tender A to Wally's Trenching Co. Ltd. being the low bidder in the amount of $7.15 all inclusive in accordance with the terms of the invitation to tender.

Carried 6-0

Absent: Egert

2008 A-Base Course Gravel Tender B, North of River

Resolution No. 90/2008

Hofer/Brown

Whereas the Municipality received the following tenders in response to its invitation for its 2008 A-Base Course Gravel Tender B for Wards Three and Four:

Fred Gilbert Trucking                         $6.80

Gravier Collet Gravel Inc.                 $10.24

Wally's Trenching Co. Ltd.                 $7.15

Now therefore be it resolved that the Municipality hereby awards the 2008 A-Base Course Gravel Tender B to Fred Gilbert Trucking. being the low bidder in the amount of $6.80 all inclusive in accordance with the terms of the invitation to tender.

Carried 6-0

Absent:  Egert

2008 A-Traffic Gravel Tender A, South of River

Resolution No. 91/2008

Brown/Hofer

Whereas the Municipality received the following tenders in response to its invitation for its 2008 A-Traffic Type Gravel Tender A for Wards One and Two:

M.L.K. Construction & Leasing Ltd.          $10.75

Fred Gilbert Trucking                             $ 7.44

Gravier Collet Gravel Inc.                       $ 9.71

Wally's Trenching Co. Ltd.                     $ 7.15

Now therefore be it resolved that the Municipality hereby awards the 2008 A-Traffic Type Gravel Tender A to Wally's Trenching Co. Ltd. being the low bidder in the amount of $7.15 all inclusive in accordance with the terms of the invitation to tender.

Carried 6-0

Absent: Egert

2008 A-Traffic Gravel Tender B, North of River

Resolution No. 92/2008

Hofer/Dalgleish

Whereas the Municipality received the following tenders in response to its invitation for its 2008 A-Traffic Type Gravel Tender B for Wards Three and Four:

Fred Gilbert Trucking                       $6.80

Gravier Collet Gravel Inc.                  $9.71

Wally's Trenching Co. Ltd.                $7.15

Now therefore be it resolved that the Municipality hereby awards the 2008 A-Traffic Type Gravel Tender B to Fred Gilbert Trucking being the low bidder in the amount of $6.80 all inclusive in accordance with the terms of the invitation to tender.

Carried 6-0

Absent: Egert

Councillor Egert returned to the Council Chamber.

Roadside Mowing, 2008 to 2011

Resolution No. 93/2008

Dalgleish/Hofer

Whereas the Municipality received the following proposals in response to its RFP for Roadside Mowing:

Company            Equipment                                                         Mowing Costs     

Bill Graham        Roadside Mowing (100 HP Landini Tractor & Kuhn    $35.00 per mile both

                        Disc Mower #GMD 700-G11)                                           sides plus GST

Now therefore, be it resolved that the proposal from Bill Graham  be accepted subject to the completion of an Agreement satisfactory to the Municipality's Chief Administrative Officer and that the Municipality's signing officers are authorized to execute the said Agreement on behalf of the Municipality.

Carried 7-0

2008 Riverbend Park Mowing

Councillor Hofer disclosed his brother owned Grass Tech and vacated the chamber.

Resolution No. 94/2008

Brown/Cranford

Whereas the Municipality received the following proposals in response to its invitation for grass mowing services at Cornwallis Park:

 

Company             Equipment                                                                Mowing Costs     

 

Grass Tech        2 Kubota ZD28hp zero turn mowers

                      - 4.5 acres/per hr rating                               $53.00 per hr plus GST

              2 Stihl commercial grade type weed whips                                                                               $35.00 per hr plus GST

                              

Livingstone   1 2003 ExMark LazerZ XP - 8.0 acres/hr @ 11 MPH  $40.00 per hr plus GST

Landscaping  1 2006 Ferris IS4500ZBL3572 - 8.0 acres/hr @ 11 MPH $40.00 per hr plus  

                                                                                                    GST

                 8 Ariens 21: self propelled push                          $35.00 per hr plus GST

                12 ECHO heavy duty trimmers                              $35.00 per hr plus GST

                  5 ECHO backpack blower                                    $35.00 per hr plus GST

Now therefore, be it resolved that the proposal from Livingstone Landscaping be accepted subject to the completion of an Agreement satisfactory to the Municipality's Chief Administrative Officer and that the Municipality's signing officers are authorized to execute the said Agreement on behalf of the Municipality.

Carried 6-0

Absent: Hofer

Councillor Hofer returned to the Council Chamber.

Cleaning Service, 2008 to 2012

Resolution No. 95/2008

Brown/Egert

Whereas the Municipality received the following proposals in response to its request for cleaning services at the administrative office:

Johnson's Commercial and Industrial Services - $344.00 per month GST extra;

Apex Facility Services - $415.00 per month GST extra;

Viking Janitorial - $398.00 per month GST extra;

Accurate Contract Cleaning & Engineering Services Ltd. - $315.00 per month GST extra;

Wheat City Janitorial - $439.00 per month GST extra;

Long Van Cleaning - $660.38 per month GST extra;

Now therefore be it resolved that the tender from Accurate Contract Cleaning & Engineering Services Ltd. for Cleaning Services for the Rural Municipality of Cornwallis Administrative Building for the period June 1, 2008 to May 31, 2012 be hereby accepted according to the terms of the tender document and the bid received and subject to the completion of a service agreement; and

Be it further resolved that the Municipality's signing officers be hereby authorized to execute an Agreement with the said Accurate Contract Cleaning & Engineering Services Ltd., said Agreement to be in a form satisfactory to the Municipality's Chief Administrative Officer.

Carried 7-0

Herbicide Applicator, 2008 to 2011

No Action.

BY-LAWS

By-law 1604/02/2008 to establish a Tax Sale Manager as a designated officer, First Reading

Resolution No. 96/2008

Thoman/Cranford

Be it resolved that the Council of the R.M. of Cornwallis hereby give first reading to By-law No. 1604/02/2008, being a By-law to establish a Tax Sale Manager as a designated officer.

Carried 7-0

By-law No. 1606/04/2008, to repeal and replace By-law 1549/17/98

Resolution No. 97/2008

Dalgleish/Thoman

Be it resolved that the Council of the R.M. of Cornwallis hereby give first reading to By-law No. 1606/04/2008, being a By-law to establish rates of penalty for arrears of taxes and to repeal By-law No. 1549/17/98.

Carried 6-1

Opposed:  Hofer

UNFINISHED BUSINESS

None

GENERAL BUSINESS

Manitoba Infrastructure and Transportation, Proposed Road Closure, Road Allowance, North of NW ¼ 1-10-17 W

Resolution No. 98/2008

Cranford/Thoman

Be it resolved that the Council of the R.M. of Cornwallis registers no objection to a proposal by Manitoba Infrastructure and Transportation by letter dated February 15, 2008 and related attachments to close and dispose of municipal road allowance located between Sections 1 & 12-10-17 WPM.

Carried 7-0

City of Brandon, 2008 Mosquito Abatement Program

Resolution No. 99/2008

Brown/Egert

Be it resolved that in so far as it is within the Municipality's jurisdiction, the City of Brandon be hereby authorized to conduct its mosquito abatement program within the limits of the Rural Municipality of Cornwallis during the 2008 season; and

Be it further resolved that the Municipality's general insurer be notified of this approval.

Carried 7-0

DAL Meats, Packing Plant proposal at Belmont

Resolution No. 100/2008

Egert/Dalgleish

Be it resolved that the Council of the Rural Municipality of Cornwallis hereby supports a proposal for the development of a federally inspected CFIA packing plant at Belmont, Manitoba as detailed in correspondence received March 11, 2008 from Arvid Dalzell of DAL Meats.

Carried 7-0

Council Remuneration

Resolution No. 101/2008

Brown/Egert

Be it resolved that administration prepare for Council's consideration, a draft By-law to apply a cost of living allowance to current remuneration rates for the year 2008 based on the CPI for December 31, 2007 at Winnipeg, Manitoba.

Carried 4-3

In favour: Wasserberg, Brown, Egert, and Dalgleish

Opposed: Hofer, Cranford & Thoman

Municipal Board Hearing, Subdivision Appeal by Intergovernmental Affairs, Pt. SE ¼ 34-9-19 WPM

Resolution No. 102/2008

Dalgleish/Cranford

Be it resolved that Councillor's Egert & Brown be hereby delegated to represent the Municipality at an April 7, 2008 Municipal Board Hearing of an appeal by Intergovernmental Affairs with respect to Pt. SE ¼ 34-9-19 WPM.

Carried 7-0

Meeting Extension

Resolution No. 103/2008

Brown/Dalgleish

Be it resolved that this meeting be extended thirty minutes.

Carried 7-0

Wally's Way Road Construction, Reference Resolution 379/2007 and 437/2007 Councillor Thoman

Resolution No. 104/2008

Thoman/Brown

Be it resolved that Reeve Wasserberg forward a letter to Wally's Trenching Co. Ltd. requesting that construction of Wally's Way be put on hold until the issue of zoning has been resolved.

Carried 7-0

The Chief Administrative Officer and the Administrative Assistant left the meeting at 10:25 P.M.

Personnel, In Camera

Resolution No. 105/2008

Thoman/Brown

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

Carried 7-0

Resolution No. 106/2008

Brown/Egert

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

Resolution No. 107/2008

Thoman/Dalgleish

Whereas Policy Resolution 78/2001 as amended, provides that in addition to any annual increment awarded on the basis of performance, all employees of the Municipality will receive an annual cost of living allowance based upon the previous year's consumer price index;

Now therefore be it resolved that 2008 salary and wages be hereby established as follows:                                                                                                                             

Position

2007 Rate

2008 with COLA - 2.3%

Merit & Health Allowance

2008 Total Salary or Wage

CAO

$68,300.00

$69,870.00

$2000.00

$71,870.00

Financial Assistant

$40,500.00

$41,431.50

 $  600.00

$42,031.50

Administrative Assistant

$32,800.00

$33,554.40

$1500.00

$35,054.40

Police Constable

$18.72

$19.15

 

 

Public Works Employee - New Job Rate for 2008

 

$15.00

 

$15.00

Waste Transfer Attendants

$13.11

$13.41

 

 

 

Carried 6-1

Opposed: Hofer

ADJOURNMENT

Resolution No. 108/2008

Brown/Thoman

Be it resolved that this meeting be adjourned.

Carried 7-0

Adjourn time:  10:30 P.M. 

 

Approved:                                                             , 2008

                                                                               

Reeve

 

 

 

                                                                               

Chief Administrative Officer