Regular Meeting Minutes of May 20/08
5/23/2008
RURAL MUNICIPALITY OF CORNWALLIS Minutes of a Regular Meeting of Council held in the Council Chambers of the Municipality on Tuesday, May 20, 2008. 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 Chief Administrative Officer, Bob Wallis Administrative Assistant, Shelley Livingstone ABSENT: Reeve Kurt Wasserberg CALL TO ORDER - Deputy Reeve Brown The meeting was called to Order at 7:00 P.M. CONFIRMATION OF MINUTES Resolution No. 181/2008 Dalgleish/Cranford Be it resolved that the minutes of the April 15, 2008 Regular Meeting of Council be approved as circulated and posted. Carried 6-0 Resolution No. 182/2008 Thoman/Dalgleish Be it resolved that the minutes of the April 15, 2008 Public Hearing of Council be approved as circulated and posted. Carried 6-0 Resolution No. 183/2008 Thoman/Hofer Be it resolved that the minutes of the April 29, 2008 Special Meeting of Council be approved as circulated and posted. Carried 6-0 Resolution No. 184/2008 Egert/Hofer Be it resolved that the minutes of the May 14, 2008 Special Meeting of Council be approved as circulated and posted. Carried 6-0 ADOPTION OF THE AGENDA Resolution No. 185/2008 Hofer/Egert Be it resolved that the Agenda be adopted with the approved additions: Terry Nicol, High Country Feeders. Defeated 3-3 In favour: Brown, Egert, Hofer Opposed: Thoman, Dalgleish, Cranford Resolution No. 186/2008 Egert/Hofer Be it resolved that the Agenda be adopted with the approved additions: General Business L. Community Well at Chater M. Fire Hazard. Carried 6-0 REPORTS OF COMMITTEES None RECEPTION OF PETITIONS None COMMUNICATIONS Resolution No. 187/2008 Hofer/Thoman Be it resolved that the following communications be received and filed: Date Item 31 Mar 08 Crimestoppers, Thank you for donation 00 Apr 08 Minister of Conservation, Environmental Youth Corps 15 Apr 08 Southwest Horizon School Division, Board of Reference Hearing 21 Apr 08 Minister Responsible for the Status of Women, Taking Action Against Violence 01 May 08 Office of the Fire Commissioner, Burning By-law 01 May 08 Tribute to Tourism Awards, Southwest Trails Association 08 May 08 City of Brandon, Annexation 09 May 08 Western Region Golf Tournament 05 May 08 Manitoba Public Health, West Nile Virus Program 09 May 08 Manitoba Mines Branch, Quarry Permit Notification 2/3-10-18 W" Carried 6-0 ACCOUNTS & FINANCE Approval of Accounts Resolution No. 188/2008 Egert/Cranford Be it resolved that the following payroll and general accounts be approved for payment as follows: Apr 17/08 22,067.01 Apr 24/08 32,135.79 Apr 24/08 643.20 Apr 24/08 2,693.89 Apr 30/08 918.93 May 1/08 43,534.61 May 8/08 3,439.80 May 8/08 1,218.59 May 8/08 2,671.48 May 12/08 14,744.10 May 15/08 34,246.41 TOTAL $158,313.81; and Be it further resolved that council indemnity accounts in the sum net total amount of $6,464.71 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 | | 398.40 | 149.40 | 49.80 | 49.80 | | | Council/Ward Mileage | | 270.00 | 90.40 | 20.00 | 28.00 | | | Convention & Delegation Indemnity | 166.00 | 581.00 | 323.70 | 33.20 | 448.20 | 24.90 | | Convention & Delegation Mileage | 151.20 | 164.00 | 25.60 | | 130.40 | | | Meals/Expenses | 16.58 | 49.74 | 49.74 | | 16.58 | | | Gross Total | 1,139.49 | 2,074.57 | 1,250.27 | 714.43 | 1,284.41 | 636.33 | 611.43 | Less: CPP | 33.66 | | 39.25 | 19.94 | 40.48 | 17.06 | 15.83 | Less: Income Tax | 80.00 | 500.00 | 150.00 | | 200.00 | 150.00 | | Net Total | 1,025.83 | 1,574.57 | 1,061.02 | 694.49 | 1,043.93 | 469.27 | 595.60 |
Carried 6-0 Authorize Expenditures Authorize attendance, June District Meetings, June 11, 2008, Virden, Manitoba Resolution No. 189/2008 Egert/Dalgleish Be it resolved that all members of Council be hereby authorized to attend at municipal expense in accordance with established policy a June 11, 2008 district meeting of the Association of Manitoba Municipalities scheduled for Virden, Manitoba. Carried 5-1 Opposed: Hofer Financial Statement to April 30 2008 Resolution No. 190/2008 Egert/Thoman Be it resolved that the financial statement to April 30, 2008 be hereby received as presented. Carried 6-0 RECEPTION OF DELEGATIONS AND PUBLIC HEARINGS Conditional Use Order Application No. C-7-08-C, Mowatt Resolution No. 191/2008 Thoman/Cranford Resolved that the Council Adjourn to a public hearing to consider Conditional Use Order Application No. C-7-08-C. Carried 6-0 Resolution No. 192/2008 Thoman/Dalgleish Be it resolved that the public hearing to consider Conditional Use Application No. C-7-08-C be closed. Carried 6-0 Resolution No. 193/2008 Hofer/Egert Whereas Robert Mowatt applied for a Conditional Use Order to permit a non-farm dwelling in the "AG80" Agricultural General Zone at Pt. NE ¼ 22-9-19 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-7-08-C be issued subject to the following conditions: None. Carried 6-0 Barb Kingdon, Assiniboine Hills Conservation District Resolution No. 194/2008 Dalgleish/Thoman Be it resolved that the presentation by Barb Kingdon of the Assiniboine Hills Conservation District be hereby received as presented. Carried 6-0 Resolution No. 195/2008 Dalgleish/Egert Be it resolved that a request by the Assiniboine Hills Conservation District to supply a brochure for mailing in the Municipality's 2008 tax billings be approved as follows: 1. estimated quantity of 1200 to be provided by Assiniboine Hills CD to be folded and sized to fit 24 cm X 14.5 cm envelope and delivered to the Municipality in time for mailing with 2008 tax billings. Defeated 3-3 In favour: Brown, Egert, Dalgleish Opposed: Hofer, Thoman, Cranford Resolution No. 196/2008 Dalgleish/Thoman Be it resolved that a request by the Assiniboine Hills Conservation District to supply a brochure for mailing in the Municipality's 2008 tax billings be approved as follows: 1. estimated quantity of 1200 to be provided by Assiniboine Hills CD to be folded and sized to fit 24 cm X 14.5 cm envelope and delivered to the Municipality in time for mailing with 2008 tax billings provided that the CD pays the extra mailing cost. Carried 6-0 BY-LAWS By-law No. 1605/03/2008 to fix remuneration for members of Council, Second and Third reading Resolution No. 197/2008 Dalgleish/Egert Be it resolved that the Council of the Rural Municipality of Cornwallis hereby give second reading to By-law No. 1605/03/2008, being a by-law to fix remuneration for members of Council. Carried 4-2 Opposed: Cranford, Hofer Resolution No. 198/2008 Dalgleish/Egert Be it resolved that the Council of the Rural Municipality of Cornwallis hereby give third reading to By-law No. 1605/03/2008, being a by-law to fix remuneration for members of Council. Carried 4-2 Opposed: Cranford, Hofer UNFINISHED BUSINESS Wally's Trenching Co. Ltd., Road Grading and Snowplowing, Gravel Supply Councillor Egert vacated the chamber. Resolution No. 199/2008 Hofer/Dalgleish Whereas the Municipality received the following in response to its request for bids for up to 8,000 cu. yds. of A Base and up to 10,000 cubic yards of A Traffic Gravel for Wards One and Two: Name of Bidder A Base A Traffic Ballingall Brothers $13.13 $13.65 Fred Gilbert Trucking $10.44 $10.44 Collet Gravel Inc $11.29 $10.76 Now therefore be it resolved that the bid from Fed Gilbert Trucking be hereby awarded as follows: A Base $10.44 per yard GST inclusive; A traffic $10.44 per yard GST inclusive. Carried 5-0 Absent: Egert Councillor Egert returned to the chamber. RECEPTION OF DELEGATIONS AND PUBLIC HEARINGS CONTINUED Chief Constable Drader Personnel, In Camera Resolution No. 200/2008 Thoman/Hofer Be it resolved that the Council adjourn to convene in camera as the Committee of the Whole of Council. Carried 6-0 Resolution No. 201/2008 Thoman/Cranford 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 6-0 UNFINISHED BUSINESS CONTINUED Hladky Holdings Ltd., McCandless Tramley, Stormwater Capital Contribution amount & Meighen, Haddad & Co., correspondence dated May 14, 2008 Resolution No. 202/2008 Thoman/Hofer Be it resolved that the Municipality's legal counsel approach counsel for Hladky Holdings Ltd. to seek commitment for a capital contribution by Hladky Holdings Ltd. in the amount of $49,126.78 for lands proposed for subdivision at Pt. NE ¼ 27-10-18 W and potentially benefiting from a municipal stormwater system at Chater Defeated 3-3 In favour: Thoman, Cranford, Dalgleish Opposed: Brown, Egert, Hofer Resolution No. 203/2008 Hofer/Cranford Be it resolved that Subdivision Application No. 4116-08-393 be approved subject to the completion of a development agreement to be prepared by the Municipality's legal counsel and for Council's future review. Defeated 3-3 In favour: Brown, Hofer, Cranford Opposed: Egert, Thoman, Dalgleish Resolution No. 204/2008 Thoman/Dalgleish Be it resolved that associated with Subdivision Application No. 4116-08-393, that correspondence dated May 14, 2008 from David Swayze of Meighen, Haddad & Co. and attachments including the following: 1. a letter from Samson Engineering Inc. dated May 13, 2008; 2. a letter from City of Brandon Development Services dated May 12, 2008; 3. a generic sample lot grading sketch containing blank information fields; 4. a drawing prepared by Cochrane Engineering dated September 11, 1996 and numbered 15705-03-G102; be hereby received and referred to the Municipality's legal counsel for consideration and further recommendation. Carried 5-1 Opposed: Hofer GENERAL BUSINESS Manitoba Good Roads Association 2008 No action Assignment of Public Works Truck for commuting, Councillor Egert Resolution No. 205/2008 Egert/Thoman Be it resolved that a proposal that the public works employee be authorized to use the Municipality's public works vehicle for the purpose of travelling to and from place of residence and place of work be reviewed in three months. Carried 6-0 Elton Energy Co-operative, correspondence from Dan Mazier dated May 13, 2008 Resolution No. 206/2008 Hofer/Egert Be it resolved that correspondence from Dan Mazier on behalf of the Elton Energy Co-operative be hereby received. Carried 6-0 Proposal to Subdivide, Pt. N ½ SW ¼ 32-10-19 WPM, Braaten Resolution No. 207/2008 Egert/Cranford Be it resolved that a proposal to subdivide Pt. N ½ of SW ¼ 32-10-19 WPM and being Application No. 4116-08-395 be hereby approved subject to the following recommendations of the Brandon and Area Planning District: 1. That a Conditional Use Order be obtained to permit the non-farm dwelling. 2. Any other such conditions and requirements as are necessary. Carried 6-0 Proposal to Subdivide, Parcel A, Plan 23949, Colter, Additional Condition No action Proposal to Subdivide, Pt. NE ¼ 35-9-19 WPM, Dutkewich Resolution No. 208/2008 Egert/Hofer Be it resolved that a proposal to subdivide Pt. NE ¼ 35-9-19 WPM and being Application No. 4116-08-394 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; 2. That the R.M. of Cornwallis Zoning By-law be amended to accommodate such a development. Carried 6-0 Application for Second Dwelling, Pt. SW ¼ 34-10-18 W, Antonation Resolution No. 209/2008 Hofer/Thoman Be it resolved that the Council of the Rural Municipality of Cornwallis hereby confirms that it is satisfied that a proposal for a second dwelling at Pt. SW ¼ 34-10-18 W as outlined in correspondence from the Brandon and Area Planning District dated May 13, 2008 is in compliance with Part 5, Section 3(1)(c) of By-law No. 1558/09/99, as amended. Carried 6-0 Application for Second Dwelling, Pt. NW ¼ 20-10-18 W, Waddell Resolution No. 210/2008 Hofer/Cranford Be it resolved that the Council of the Rural Municipality of Cornwallis hereby confirms that it is satisfied that a proposal for a second dwelling at Pt. NW ¼ 20-10-18 W as outlined in correspondence from the Brandon and Area Planning District dated May 13, 2008 is in compliance with Part 5, Section 3(1)(c) of By-law No. 1558/09/99, as amended. Carried 6-0 Application for Third Dwelling, Pt. NE ¼ 33-9-18 W, Grift Resolution No. 211/2008 Egert/Hofer Be it resolved that the Council of the Rural Municipality of Cornwallis hereby confirms that it is satisfied that a proposal for a third dwelling at Pt. NE ¼ 33-9-18 W as outlined in correspondence from the Brandon and Area Planning District dated May 13, 2008 is in compliance with Part 5, Section 3(1)(c) of By-law No. 1558/09/99, as amended. Carried 6-0 BAPD, Seeking Zoning By-law Interpretation re: Cell Tower Resolution No. 212/2008 Hofer/Dalgleish Be it resolved that the Council of the R.M. of Cornwallis hereby expresses the opinion that the development of a cell tower as detailed within correspondence from the Brandon and Area Planning District dated May 13, 2008 meets the intent of the Municipality's Zoning By-law No. 1558/09/99, as amended. Carried 6-0 Dust Control on PR 349, Councillor Brown Resolution No. 213/2008 Hofer/Egert Be it resolved that the Council authorizes that gravel surfaced roads under Provincial Highways jurisdiction within the Municipality of Cornwallis be eligible for dust control application in accordance with the Municipality's dust control policy: and Be it further resolved that written consent be provided by Manitoba Transportation. Carried 6-0 Community Well at Chater No action Fire Hazard No action ADJOURNMENT Resolution No. 214/2008 Thoman/Egert Be it resolved that this meeting be adjourned. Carried 6-0 Adjourn time: 9:56 P.M. Approved: , 2008 Reeve Chief Administrative Officer |