Minutes

RURAL MUNICIPALITY OF CORNWALLIS

Minutes of a Regular Meeting of Council held in the Council Chambers of the Municipality on Tuesday, April 15, 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. 113/2008

Dalgleish/Thoman

Be it resolved that the minutes of the March 18, 2008 Regular Meeting of Council be approved as circulated and posted.

Carried 7-0

Resolution No. 114/2008

Brown/Egert

Be it resolved that the minutes of the March 18, 2008 Public Hearing of Council be approved as circulated and posted.

Carried 7-0

Resolution No. 115/2008

Thoman/Brown

Be it resolved that the minutes of the March 27, 2008 Special Meeting of Council be approved as circulated and posted.

Carried 7-0

ADOPTION OF THE AGENDA

Resolution No. 116/2008

Thoman/Dalgleish

Be it resolved that the Agenda be adopted as presented with deGobeo Proposal to Subdivide deleted.

Carried 7-0

RECEPTION OF DELEGATIONS AND PUBLIC HEARINGS

FINANCIAL PLAN, PUBLIC HEARING

A public hearing for the 2008 Financial Plan was held at 7:05 P.M. 

Resolution No. 117/2008

Thoman/Cranford

Be it resolved that the Council adjourn to a public hearing to hear representation concerning the Municipality's 2008 Financial Plan.

Carried 7-0

Resolution No. 118/2008

Thoman/Brown

Be it resolved that the public hearing to hear representation concerning the Municipality's 2008 Financial Plan be closed; and

Be it further resolved that Council hereby reconvene in regular open session.

Carried 7-0

ADOPT FINANCIAL PLAN

Resolution No. 119/2008

Egert/Dalgleish

Whereas subsection 162 of the Municipal Act provides that the Council of each municipality must adopt a financial plan for each fiscal year in a form approved by the Minister; and

Whereas the Council of the Rural Municipality of Cornwallis has made such a financial plan for the year 2008; and

Whereas the Council has held a public hearing in accordance with subsection 162(2) MA with respect to the 2008 Financial Plan;

NOW THEREFORE be it resolved that the 2008 Financial Plan be adopted as follows:

• the operating budget for municipal purposes be in the amount of $1,678,122.32;
• the appropriation to Allowance for Tax Assets be in the amount of $1,780.09;
• the capital budget be in the amount of $138,292.76;
• the five year capital expenditure program and the estimated revenues and expenditures to be as shown on the 2008 financial plan which plan shall be incorporated in and form a part of the 2008 Rate By-law as Schedule "A".

Carried 6-1

Opposed: Hofer

Conditional Use Order Application No C-6-08-C

Resolution No. 120/2008

Thoman/Dalgleish

Resolved that the Council Adjourn to a public hearing to consider Conditional Use Order Application No. C-6-08-C.

Carried 7-0

Resolution No. 121/2008

Thoman/Cranford

Be it resolved that the public hearing to consider Conditional Use Application No. C-6-08-C be closed.

Carried 7-0

Resolution No. 122/2008

Egert/Brown

Whereas Gerald Brown applied for a Conditional Use Order to permit a non-farm dwelling in the "AG80" Agricultural General Zone at Pt.  SW ¼ 11-9-19 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-6-08-C be issued subject to the following conditions:

                1.  That a save harmless agreement be completed by the applicant regarding neighbouring farming operations.

Carried 7-0

Conditional Use Order Application No. C-5-08-C

Resolution No. 123/2008

Thoman/Dalgleish

Resolved that the Council Adjourn to a public hearing to consider Conditional Use Order Application No. C-5-08-C.

Carried 7-0

Resolution No. 124/2008

Egert/Hofer

Be it resolved that the public hearing to consider Conditional Use Application No. C-5-08-C be closed.

Carried 7-0

Resolution No. 125/2008

Hofer/Egert

Whereas Don and Penny McKinnon applied for a Conditional Use Order to permit a non-farm dwelling in the "AG80" Agricultural General Zone at Pt.  NE ¼ 24-10-18 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-5-08-C be issued subject to the following conditions:

None.

Carried 7-0

Conditional Use Order Application No. C-4-08-C

Resolution No. 126/2008

Hofer/Brown

Resolved that the Council Adjourn to a public hearing to consider Conditional Use Order Application No. C-4-08-C.

Carried 7-0

Resolution No. 127/2008

Hofer/Thoman

Be it resolved that the public hearing to consider Conditional Use Application No. C-4-08-C be closed.

Carried 7-0

Resolution No. 128/2008

Hofer/Cranford

Whereas Kim & Noel Thrush applied for a Conditional Use Order to permit a boarding kennel in the "AG80" Agricultural General Zone at Pt.  SE ¼ 16-10-17 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-4-08-C be issued subject to the following conditions:

                1.  That the information presented by Kim Thrush dated April 15/08 be attached to the application in place of the previous configuration that originally accompanied the application.

Carried 7-0

Proposal to Subdivide, Pcl. A., Plan 1279 BLTO, Pt. NE ¼ 27-10-18 WPM, Application No. 4116-08-393, Hladky

Resolution No. 129/2008

Hofer/Thoman

Resolved that the Council adjourn to a public hearing to consider an application to subdivide Pcl A, Plan 1279 BLTO, being Pt. NE ¼ 27-10-18 WPM.

Carried 7-0

Resolution No. 130/2008

Hofer/Egert

Be it resolved that the public hearing to consider an application to subdivide Pcl A, Plan 1279 BLTO, Pt. NE ¼ 27-10-18 W, Hladky Holdings Ltd. be now closed.

Carried 7-0

Resolution No. 131/2008

Hofer/Brown

Be it resolved that Application No. 4116-08-393, being a proposal to subdivide Parcel A, Plan 1279 BLTO, Pt. NE ¼ 27-10-18 W, be hereby approved subject to the following: 

1. The developer/owner enters into a development agreement with the Rural Municipality of Cornwallis.

Defeated 6-1

Opposed:  Egert, Brown, Dalgleish, Cranford, Thoman and Wasserberg

Resolution No. 132/2008

Thoman/Dalgleish

Be it resolved that consideration of Application No. 4116-08-393, being a proposal to subdivide Parcel A, Plan 1279 BLTO, Pt. NE ¼ 27-10-18 W, be tabled for the developer to provide further information (including engineering information) on issues respecting the proposed subdivision including:

• groundwater impacts, and impact on and effect of, the groundwater hazard pollution area identified in Development Plan,
• drainage of development, impact on construction of buildings and elevation of buildings,
• sewage waste disposal, use of holding tanks,
• phasing,
• capital contribution toward existing infrastructure benefiting the lands,

Be it further resolved that the Planning District confirm whether all agencies have completed their review of the application and submitted their comments.

Carried 5-2

Opposed: Hofer and Brown

Lloyd and Shirley Curtis, Opposition to City of Brandon annexing land in the R.M. of Cornwallis

Resolution No. 133/2008

Brown/Egert

Be it resolved that the presentation by Lloyd and/or Shirley Curtis voicing opposition to a proposal by the City of Brandon to annex lands within the Rural Municipality of Cornwallis be hereby received.

Carried 7-0

GENERAL BUSINESS

Proposal to Subdivide, Pt. NW ¼ 4-10-19 W, Noto

Resolution No. 134/2008

Brown/Egert

Be it resolved that a proposal to subdivide the Northerly 990 ft of the Easterly 1320 ft of the NW ¼ 4-10-19 WPM, and being Application No. 4116-08-389 be hereby approved subject to the following recommendations of the Brandon and Area Planning District:

1.        That the Development Plan be amended to accommodate such a development; and

2.        The R.M. of Cornwallis Zoning By-law being amended to accommodate such a development."

Carried 7-0

Proposal to Subdivide, Pt. NW ¼ 15-10-17 W, Graham

Resolution No. 135/2008

Dalgleish/Hofer

Be it resolved that a proposal to subdivide the Northerly 1320 ft of the NW ¼ 15-10-17 WPM, and being Application No. 4116-08-391 be hereby approved subject to the following recommendations of the Brandon and Area Planning District:

1.        That the Development Plan be amended to accommodate such a development; and

2.        The R.M. of Cornwallis Zoning By-law being amended to accommodate such a development."

Carried 6-1

Opposed: Cranford

City of Brandon's application to Municipal Board dated March 28, 2008 re: "Proposal for Annexation of Land."

Resolution No. 136/2008

Dalgleish/Cranford

Be it resolved that two items of correspondence from the City of (Brandon) dated March 28, 2008 and addressed to the Municipal Board and Reeve Wasserberg respectively and enclosing a certified resolution of the Brandon Council passed at a meeting held on March 17, 2008 and a seven page document entitled ``Proposal for Annexation of Land` be hereby received; and

Be it further resolved that associated with Brandon's request that the Municipality identify dates and municipal representation for an initial meeting, that Reeve Wasserberg advise Brandon as follows:

1.        That all members of Council of the Municipality of Cornwallis are hereby authorized to attend an initial meeting to discuss Brandon's annexation proposal, provided however that all members of Brandon Council be authorized to attend and that unless a quorum of each individual Council is in attendance, that the meeting will not proceed;

2.        That the Agenda for the initial meeting will include developing a committee structure for future negotiations for the consideration and approval of each Council; 

3.        That Brandon advise as to potential dates and location of an initial meeting;

4.        That Brandon provide to the Municipality any background reports or studies that would support the annexation request including specific details of undeveloped lands currently available within Brandon; and

Be it further resolved that Reeve Wasserberg's response be copied to the Hon. Steve Ashton, Minister of Intergovernmental Affairs and Ms. Leanne Rowat, MLA for Minnedosa Constituency.

Carried 7-0

REPORTS OF COMMITTEES

None

RECEPTION OF PETITIONS

None

COMMUNICATIONS

Resolution No. 137/2008

Brown/Egert

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

Date                        Item

18 Mar 08                City of Brandon Planning, Zoning Amendment Hearing By-law 6898

18 Mar 08                City of Brandon Planning Zoning Amendment Hearing By-law 6897

10 Mar 08                Manitoba Health, West Nile Virus Cost Shared Larvicide funding

18 Mar 08                Minister of Infrastructure and Transportation, Minister Lemieux's  letter to Leanne Rowat

27 Mar 08                Assiniboine Hills CD, Formation and Contact Information

27 Mar 08                Tiger Hills CD, Dissolution Notification

Undated                  MAFRI, Century Farm Program

Mar 08                    Manitoba Historical Society, Centennial Farm Recognition

31 Mar 08                Susan Bertram, Copy of letter to Bob Brown re: Lot 13, Plan 37328 BLTO in SW 32-10-19 W and Pt. NE ¼ 30-10-19 WPM

Carried 7-0

ACCOUNTS & FINANCE

Approval of Accounts

Resolution No.  138/2008

Egert/Brown

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

               Mar 26/08                   593.01

               Mar 27/08                3,421.86

               Mar 27/08                1,554.72

               Mar 28/08                4,516.53

               Mar 31/08                   638.11

                 Apr 3/08              21,998.76

                 Apr 4/08              19,313.16

               Apr 10/08                2,671.48

               Apr 10/08                1,916.80

               Apr 10/08                  9,316.92                             

               Apr 14/08                  1,367.55                            

                                 TOTAL $67,308.90; and

Be it further resolved that council indemnity accounts in the sum net total amount of  $5,432.32 be approved for payment as follows:

Authorize Expenditures

Authorize attendance, Municipal Officials Seminar, April 16 & 17, Brandon

Resolution No. 139/2008

Brown/Egert

Be it resolved that all members of Council and the CAO be hereby authorized to attend at municipal expense in accordance with established policy an April 16 & 17, 2008 Municipal Officials Seminar scheduled for Brandon, Manitoba.

Carried 7-0

Authorize attendance, Chiefs Of Police Meeting, April 28, East St. Paul

Resolution No. 140/2008

Hofer/Egert

Be it resolved that the Chief Constable be hereby authorized to attend at municipal expense in accordance with established policy an April 28, 2008 meeting of the Manitoba Chiefs of Police scheduled for East St. Paul, Manitoba; and

Be it further resolved that the Chief Constable be authorized to utilize the municipality's cruiser for this purpose.

Carried 7-0

Authorize attendance, Open House, April 25, Assiniboine Hills Conservation District

Resolution No. 141/2008

Dalgleish/Egert

Be it resolved that all interested Council members be authorized to attend at municipal expense in accordance with established policy an open house of the Assiniboine Hills Conservation District scheduled for April 25/08 at Baldur, Manitoba.

Carried 7-0

Financial Statement

Resolution No. 142/2008

Hofer/Cranford

Be it resolved that the financial statement for the three months ended March 31, 2008 be hereby received as presented.

Carried 7-0

Tenders and Requests for Proposals

Animal Control and Impoundment Services

Resolution No. 143/2008

Egert/Hofer

Whereas the Municipality received the following proposals in response to its invitation for animal control and impoundment services:

Now therefore be it resolved that the proposal from Spring Park Boarding Kennel 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 Spring Park Boarding Kennel, said Agreement to be in a form satisfactory to the Municipality's Chief Administrative Officer.

Carried 7-0

BY-LAWS

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

Resolution No. 144/2008

Dalgleish/Cranford

Be it resolved that the Council of the R.M. of Cornwallis hereby give second 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

Resolution No. 145/2008

Dalgleish/Cranford

Be it resolved that the Council of the R.M. of Cornwallis hereby give third 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. 1605/03/2008 to fix remuneration for members of Council, First reading

Resolution No. 146/2008

Thoman/Dalgleish

Be it resolved that the Council of the Rural Municipality of Cornwallis hereby give first reading to By-law No. 1605/03/2008, being a by-law to fix remuneration for members of Council.

Carried 5-2

Opposed: Hofer and Cranford

By-law No. 1603/01/2008, to establish Mill Rates for 2008, First Reading

Resolution No. 147/2008

Brown/Egert

Be it resolved that the Council of the Rural Municipality of Cornwallis hereby give first reading to By-law No. 1603/01/2008, being a by-law to establish Mill Rates for 2008.

Carried 6-1

Opposed: Hofer

By-law No. 1606/04/2008, to repeal and replace By-law 1549/17/1998

Resolution No. 148/2008

Brown/Dalgleish

Be it resolved that information from the CAO regarding Tax Discount Rates be received as information.

Carried 7-0

UNFINISHED BUSINESS

Trackstick Implementation and Monitoring

Resolution No. 149/2008

Dalgleish/Thoman

Be it resolved that a GPS tracking device be installed in the Municipality's Police Cruiser on a trial basis; and

Be it further resolved that the data collected be downloaded bi-weekly onto municipal computer and retained for a period of three months, and that Councillor's be authorized to review the data in order to evaluate the value of the program and potential uses.

Carried 7-0

Gas Tax Revenue Distribution

2008 Gas Tax Revenue Allocation

Resolution No. 150/2008

Egert/Brown

Be it resolved that 2008 Gas Tax Revenue in the amount of $85,292.76 be tabled to the April 29, 2008 Special Meeting.

Carried 7-0

Meeting Extension

Resolution No. 151/2008

Thoman/Brown

Be it resolved that this meeting be extended thirty minutes.

Carried 7-0

Ed. Grift, Wally's Trenching Co. Ltd., and Wally's Way, Pt. NE 32-9-18 W

Resolution No. 152/2008

Egert/Brown

Whereas the correspondence from Ed Grift on April 7, 2008 be received.

Carried 7-0

Municipal Board Hearing, Subdivison Appeal, Robins, E ½ 30-9-18 W, File: 08B1-001

Resolution No. 153/2008

Brown/Egert

Be it resolved that Councillor Emil Egert be delegated to represent the Municipality at a May 14, 2008 Municipal Board hearing of an appeal by M.D. Robins and E.A. Robins with respect to the subdivision of E ½ of NE ¼ 30-9-18 WPM, being File 08B1-001.

Carried 7-0

GENERAL BUSINESS CONTINUED

R.M. of St. Andrews, Support for Canadian Troops

Resolution No. 154/2008

Hofer/Thoman

Whereas the Council of the Rural Municipality of St. Andrews has passed a motion in support of the efforts of our Canadian Troops and called upon all of Manitoba's municipalities to pass similar motions; and

Whereas the Council of the Rural Municipality of Cornwallis recognizes the significant, personal sacrifices and the important contributions by Canada's troops in military and peacekeeping efforts around the world;

Now therefore be it resolved that the Council of the Rural Municipality of Cornwallis pass a motion in support of our Canadian Troops and direct that a copy of this motion be forwarded to Prime Minister Harper and General Hillier

Carried 7-0

The Village of Wawanesa, Fire Services Agreement

Resolution No. 155/2008

Brown/Egert

Be it resolved that the Municipality's signing officers be hereby authorized to execute an Agreement with The Village of Wawanesa for firefighting services as in accordance with the draft presented to Council.

Carried 7-0

Pembina Valley Water Co-operative Inc., re:  Public Utilities Board rate setting process

Resolution No. 156/2008

Egert/Brown

Be it resolved that the Council of the Rural Municipality of Cornwallis hereby supports a position by the Pembina Valley Water Cooperative Inc., by letter dated March 28, 2008 that the current roll of the Public Utilities Board in setting water rates in Manitoba be discontinued.

Carried 7-0

General Workplace Requirements, Report from Public Works employee associated with Council inquiry re:  toilet facilities and handwashing stations at Waste Transfer Stations

Resolution No. 157/2008

Egert/Hofer

Be it resolved that memorandums from the Public Works Employee dated April 1 and April 3, 2008 re:  General workplace requirements and portable toilets be hereby received as information.

Carried 7-0

R.M. of Whitehead letter dated March 12, 2008 re:  Mid Assiniboine River Conservation District

Resolution No. 158/2008

Dalgleish/Cranford

Be it resolved that a copy of correspondence from the R.M. of Whitehead addressed to the Mid Assiniboine River Conservation District dated March 12, 2008 be received as information.

Carried 7-0

James E. Downey, Requesting support of annexation proposal for property owned by Progress Properties Ltd., Pt. SW 10-10-19 W

Resolution No. 159/2008

Brown/Egert

Be it resolved that correspondence from James E. Downey dated March 30, 2008 requesting the support by the Council of the R.M. of Cornwallis for the annexation of property owned by Progress Properties Ltd., at Pt. SW 10-10-19 W into the City of Brandon be hereby received; and

Be it further resolved that the Council of the R.M. of Cornwallis hereby tables the matter for consideration associated with an anticipated consultation by the City of Brandon in accordance with the annexation provisions of The Municipal Act.

Carried 7-0

Proposal to rename Main Street at Chater and to name a road accessing the Kain property at Chater, Councillor Hofer

No action

ADJOURNMENT

Resolution No. 160/2008

Egert/Brown

Be it resolved that this meeting be adjourned.

Carried 7-0

Adjourn time:  10:30 P.M. 

Approved:                                                             , 2008

Reeve

Chief Administrative Officer