Minutes

RURAL MUNICIPALITY OF CORNWALLIS

Minutes of a Regular Meeting of Council held in the Council Chambers of the Municipality on Tuesday, July 22, 2008.

PRESENT:  

Deputy Reeve, Bob Brown

Councillor Emil Egert, Ward One

Councillor Sam Hofer, Ward Three

Councillor Heather Dalgleish, Ward Four

Councillor Valerie Thoman, Ward Six

Financial Assistant, Kellea Quennelle

Administrative Assistant, Shelley Livingstone

ABSENT:               

Councillor Mike Cranford, Ward Five

CALL TO ORDER

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

CONFIRMATION OF MINUTES

Resolution No.  248/2008

Dalgleish/Thoman

Be it resolved that the minutes of the June 17, 2008 Regular Meeting of Council be approved as circulated and posted.

Carried 5-0

Resolution No.  249/2008

Egert/Hofer

Be it resolved that the minutes of the July 17, 2008 Transportation Committee Meeting be approved as circulated and posted.

Carried 5-0

ADOPTION OF THE AGENDA

Resolution No. 250/2008

Hofer/Egert

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

                11. N Subdivide McCurry, Pt. S ½ SW ¼ 25-9-19

                11. O Authority of contract Engineer Company

                5. B  125^th Birthday

                and deletions:

                June 17 Public Hearing

Carried 5-0

RECEPTION OF DELEGATIONS AND PUBLIC HEARINGS

Conditional Use Order Application No C-8-08-C

Resolution No. 251/2008

Hofer/Dalgleish

Resolved that the Council Adjourn to a public hearing to consider Conditional Use Order Application No. C-8-08-C.

Carried 5-0

Resolution No. 252/2008

Thoman/Hofer

Be it resolved that the public hearing to consider Conditional Use Application No. C-8-08-C be closed.

Carried 5-0

Resolution No. 253/2008

Egert/Hofer

Whereas Bruce Braaten applied for a Conditional Use Order to permit a non-farm dwelling in the "AG80" Agricultural General Zone at Pt.  N ½ SW ¼ 32-10-19 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-8-08-C be issued subject to the following conditions:

None.

Carried 5-0

Proposal to Subdivide, Pt. SW ¼ 30-10-19 W, De Gobeo

Resolution No. 254/2008

Hofer/Dalgleish

Resolved that the Council adjourn to a public hearing to consider an application to subdivide Pt. SW ¼ 30-10-19 WPM.

Carried 5-0

Resolution No. 255/2008

Hofer/Thoman

Be it resolved that the public hearing to consider an application to subdivide Pt. SW ¼ 30-10-19 WPM, De Gobeo, be now closed.

Carried 5-0

Resolution No. 256/2008

Hofer/Thoman

Be it resolved that Application No. 4115-08-392, being a proposal to subdivide Pt. SW ¼ 30-10-19 WPM be hereby approved subject to the following:

1.        The developer enters into a development agreement with the Rural Municipality of Cornwallis.  Council may wish to consider various infrastructure improvements within the scope of The Planning Act Section 150 associated with but not limited to the following:

a.        Any issues related to any infrastructure improvements that Council considers relevant to the subdivision such as responsibility and standards for road construction, design of the road system and consideration of the alternative intersecting roads, drainage, lighting and signage and similar items.

b.       In addition, any other conditions that the Council considers relevant from related engineering review of the application.

c.        The developer dedicates land for future roads.  The Final plan of subdivision should include land to be dedicated for public roads;

d.       The developer dedicates land for public reserve.  The final plan of subdivision should include land to be dedicated for public reserve;

2.        The developer submits confirmation from Manitoba Infrastructure and Transportation indicating that there is no concern that the drainage plan from the said property will impact their highway facilities.

3.        That the developer enters into an easement agreement with MTS and Manitoba Hydro;

4.        Any such other requirements and conditions relevant to the subdivision proposal as are necessary by other government agencies.

Defeated 0-5

Resolution No. 257/2008

Dalgleish/Thoman

Be it resolved that Application #4116-08-392 being a proposal to subdivide Pt. SW ¼ 30-10-19 WPM be re-circulated to the Government departments including the new drawing provided by the DeGobeo's engineer Phil Dorn.

Carried 5-0

Upali De Silva, Manitoba Infrastructure and Transportation, PTH 110 North upgrade

Resolution No. 258/2008

Thoman/Dalgleish

Be it resolved that the presentation by representatives of Manitoba Infrastructure and Transportation regarding a future upgrade of PTH 110 North from the Assiniboine River to PTH 1 be hereby received.

Carried 5-0

GENERAL BUSINESS

Municipal Board, Subdivision Appeal, Pt. NW ¼ 15-10-17 W, Graham

Resolution No. 259/2008

Egert/Thoman

Be it resolved that Councillor Dalgleish be delegated to represent the Municipality at a municipal board hearing of an appeal by William and Pansy Graham related to an application to subdivide Pt. NW ¼ 15-10-17 WPM.

Carried 5-0

Municipal Board, Notice of Subdivision Appeal, Dutkewich, Pt. NE ¼ 35-9-19 W

Resolution No. 260/2008

Dalgleish/Thoman

Be it resolved that Councillor Egert be delegated to represent the Municipality at a municipal board hearing of an appeal by Harvey and Roseanne Dutkewich related to an application to subdivide Pt. NE ¼ 35-9-19 WPM.

Carried 5-0

Proposal to Subdivide, Pt. NW ¼ 25-9-19 WPM, McGill

Resolution No.  261/2008

Egert/Hofer

Be it resolved that a proposal to subdivide Pt. NW ¼ 25-9-19 WPM and being Application No. 4115-08-411 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 5-0

Proposal to Subdivide, Pt. S ½ SW ¼ 25-9-19 W, McCurry

Resolution No.  262/2008

Egert/Dalgleish

Be it resolved that a proposal to subdivide Pt. S ½ of SW ¼ 25-9-19 WPM and being Application No. 4115-08-410 be approved subject to the following conditions as recommended by 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 5-0

REPORTS OF COMMITTEES

Committee of Council established to consider Road Grading and Snowplowing Options

Resolution No. 263/2008

Egert/Hofer

Be it resolved that the oral report of the Committee of Council established to consider road grading and snowplowing options be hereby received.

Carried 5-0

Report of the 125^th Birthday Party Planning meeting of May 28, 2008, Councillor Dalgleish

Resolution No. 264/2008

Dalgleish/Thoman

Be it resolved that the oral report on the 125^th Birthday be hereby received; and

Be it further resolved that all members of Council be involved in the preparation of the birthday celebrations.

Carried 5-0

RECEPTION OF PETITIONS

None

ACCOUNTS & FINANCE

Authorize Expenditures

BAPD, Property Ownership Map Update Proposal

Resolution No. 265/2008

Egert/Hofer

Be it resolved that a proposal to update the Municipality's property ownership maps by correspondence from the Planning District dated July 11, 2008 be hereby approved, the Municipality's contribution being $850.00.

Carried 5-0

COMMUNICATIONS

Resolution No. 266/2008

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

Date                        Item

16Jun08                  BAPD, Notice of Hearing, R.M. of Elton By-law 1362

09Jun08                  Peter Julian, MP, PBDEs

16Jun08                  City of Brandon re:  Annexation Proposal

17Jun08                  City of Brandon re:  Annexation Proposal

05Jun08                  Municipal Board re:  Brandon Annexation Proposal

26Jun08                  Manitoba Games Council

09Jul08                   BAPD, Notice of Public Meeting, Development Plan By-law No. DP-3-07-B

10Jul08                   Elizabeth King, Girl Guides Friendship delegate to Mexico

Carried 5-0

ACCOUNTS & FINANCE Continued

Approval of Accounts

Resolution No. 267/2008

Egert/Hofer

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

               June 19/08                1,589.88

               June 19/08                2,660.14

               June 30/08                   862.71

               July 03/08                3,724.75

               July 03/08                1,670.43

               July 16/08                6,702.52

               July 16/08                8,215.51

               July 16/08              60,342.17

               July 16/08                   255.50

               July 17/08                1,598.63

               July 17/08                3,825.04

               July 17/08                 1,775.97

               July 21/08              133,231.56

                                 TOTAL $226,454.81; and

Be it further resolved that council indemnity accounts in the sum net total amount of  $4,867.60 be approved for payment as follows:

Carried 5-0

Councillor Egert vacated the Council Chamber.

Resolution No. 268/2008

Hofer/Thoman

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

               July 16/08              37,348.40

               July 16/08                8,904.00

                                TOTAL $46,252.40

Carried 4-0

Councillor Egert returned to the Council Chamber.

Resolution No. 269/2008

Hofer/Egert

Be it resolved that Bill Graham contact the Public Works employee prior to commencing mowing.

Carried 5-0

Authorize Expenditures

Assiniboine Hills CD, Non-Lethal Problem Beaver Workshop

No action

PSAB Training

Resolution No. 270/2008

Dalgleish/Thoman

Be it resolved that the Municipality's administration be authorized to attend an upcoming PSAB training session to be held in Brandon at a cost of $45.00 plus GST per registrant.

Carried 5-0

Drew Caldwell, Legislative Assistant to Premier Doer, SW Manitoba Town Hall

No action

Financial Statement

Resolution No. 271/2008

Hofer/Egert

Be it resolved that the financial statement to June 30, 2008 be adopted as presented.

Carried 5-0

RFP Road Grading and Snowplowing

Resolution No. 272/2008

Thoman/Hofer

Be it resolved that this item be tabled to the next meeting.

Carried 5-0

GENERAL BUSINESS Continued

Public Works Employee's Hours of Work

Resolution No. 273/2008

Hofer/Egert

Be it resolved that the hours of work for the Public Works Employee be revised to 7:00 a.m. to 3:00 p.m. with a thirty minute unpaid lunch break.

Carried 5-0

Meeting Extension

Resolution No. 274/2008

Hofer/Egert

Be it resolved that the meeting be extended to 10:30 p.m.

Carried 5-0

BY-LAWS

None

UNFINISHED BUSINESS

Assignment of Laptop to Chief Constable and conditions of GPS

Resolution No. 275/2008

Thoman/Egert

Be it resolved that correspondence from Chief Constable Drader dated June 18, 2008 concerning assignment of a laptop computer and utilization of a GPS trackstick be hereby received; and

Be it further resolved that

1.        A laptop be made accessible to Chief Constable Drader in the office for police service purposes;

2.        GPS trackstick Terms and Conditions:

a) Trial period of Aug. 1/08 to Oct. 31/08 for testing purposes only.

Carried 5-0

Mid Assiniboine CD, Information proprietary to Cornwallis

Resolution No. 276/2008

Dalgleish/Thoman

Be it resolved that correspondence from Roy, Johnston & Co. dated June 6, 2008 enclosing information on disk from the Mid Assiniboine River Conservation District regarding information proprietary to the R.M. of Cornwallis be hereby received.

Carried 5-0

Sale of Crocus Hay Land, Parcel A Plan 37021

No action

GENERAL BUSINESS

2008 Tax Sale, Reserve Bidding

Resolution No. 277/2008

Egert/Dalgleish

Resolved that Council hereby imposes the following terms and conditions with respect to property sold at the 2008 tax sale:

1.        A reserve bid is set for each property to be sold at the sale for the amount of the 2006 and 2007 tax arrears and costs in respect of each property.

2.      Registration of a property purchased at tax sale is the responsibility of the purchaser.

Carried 5-0

Deputy Reeve Bob Brown declared a conflict, asked Councillor Egert to assume the Chair and vacated the chambers.

Councillor Egert assumed the chair.

Deputy Reeve's Remuneration Rates

Resolution No. 278/2008

Dalgleish/Thoman

Be it resolved that the Deputy Reeve be remunerated at the Reeve's rate until such time as a new Reeve is in place effective June 18/08.

Carried 4-0

Deputy Reeve Bob Brown returned to the council chambers and reassumed the Chair.

By-law to install a card system for water hauling, Councillor Hofer

Resolution No. 279/2008

Hofer/Thoman

Be it resolved that the administration contact RM of Headingly regarding a by-law for water hauling card system and the operation of the system.

Carried 5-0

2007 Audited Report, Sensus Partnership

Resolution No. 280/2008

Hofer/Egert

Be it resolved that the 2007 Financial Report and related Supplementary Reports for the Rural Municipality of Cornwallis as prepared by the Sensus Partnership of Chartered Accountants be hereby received as presented.

Carried 5-0

Canadian Union of Postal Workers, Canada Post Strategic Review

Resolution No. 281/2008

Dalgleish/Thoman

Whereas the Canada Post Corporation Strategic Review, which was launched by the federal government on April 21, 2008, is looking at deregulating our public post office (i.e. reducing or removing Canada Post's exclusive privilege on letters); and

Whereas it will become increasingly difficult for our public post office to provide affordable service to everyone, no matter where they live, if the government erodes or eliminates the very mechanism that funds universal postal service - the exclusive privilege; and

Whereas postal deregulation in other countries has led to post office closures, less service, fewer jobs and higher postal rates for the public and small businesses; and

Whereas the government is not holding public hearings as part of its strategic review or adequately consulting with the real owners of the post office - the public;

Be it resolved that the Deputy Reeve send a letter or submission to the Canada Post Corporation Strategic Review opposing deregulation of Canada Post and insisting that the government hold public hearings and properly consult with the true owners of Canada Post - the public.

Carried 4-1

Opposed: Hofer

Canadian Red Cross Auxiliary Role Project

Resolution No. 282/2008

Egert/Hofer

Whereas the Canadian Red Cross is celebrating the 100^th anniversary of its creation as a national non-profit volunteer humanitarian organization under The Canadian Red Cross Society Act, 1909; and

Whereas under national and international law, the Canadian Red Cross and other National Red Cross and Red Crescent Societies are considered "Auxiliary to the public authorities in the humanitarian field;" and

Whereas, the mandate of the Canadian Red Cross is to:  "In time of peace or war to carry on and assist in work for the improvement of health, the prevention of disease and the mitigation of suffering throughout the world;" and

Whereas millions of Canadian and beneficiaries in other countries have been assisted by the Canadian Red Cross for over a century through programs aimed at disaster assistance, emergency preparedness, international aid, assistance and development, health, injury prevention and the promotion of international humanitarian law and humanitarian values; and

Whereas the Canadian Red Cross' Auxiliary Role Project seeks to revitalize the relationships with public authorities at the federal, provincial, territorial and municipal levels so as to better serve the needs of humanity;

Be it resolved that the Council of the R.M. of Cornwallis expresses its support for the Auxiliary Role Project and in particular the renewal of the framework for cooperation between public authorities and the Canadian Red Cross to better address the humanitarian challenges of the 21^st century by:

a)       working to reinforce the status and roles of the Canadian Red Cross as auxiliary to public authorities in the humanitarian field;

b)      and reviewing existing measures, arrangements and instruments supporting the relationship.

Carried 5-0

Brandon Annexation Proposal, Meeting Date

Resolution No.  283/2008

Hofer/Thoman

Be it resolved that the RM of Cornwallis request that the meeting regarding Brandon's annexation proposal be scheduled for when the Municipality's Reeves' position is filled.

Carried 5-0

Request for Easement, Proposal to Subdivide Pt. E ½ 27-10-18 W

Resolution No.  284/2008

Hofer/Thoman

Be it resolved that the Council of the R.M. of Cornwallis hereby grants easement over Parcel B, Plan 23949 as outlined in correspondence and attachments from legal counsel for Helen Kain dated July 9/08 and;

Be it further resolved that the Municipality's signing officers be instructed to execute the documentation.

Carried 5-0

R.M. of Brenda, Red River Basin Commission expansion

Resolution No.  285/2008

Egert/Thoman

Be it resolved that correspondence from the R.M. of Brenda dated July 8, 2008 regarding an expanded Red River Basin Commission be hereby received; and

Be it further resolved that the Council hereby appoints Heather Dalgleish to represent the Municipality on this issue and to attend associated meetings.

Carried 5-0

Authority to Contract an Engineering Firm

Resolution No.  286/2008

Hofer/Thoman

Be it resolved that the Municipality of Cornwallis engage the services of Burns/Maendel to provide the Municipality with an opinion in respect to the engineered drawings provided for the Hladky development agreement.

Carried 5-0

ADJOURNMENT

Resolution No.  287/2008

Hofer/Thoman

Be it resolved that this meeting be adjourned.

Carried 5-0

Adjourn time:  10:30 P.M. 

Approved:                                                             , 2008

Deputy Reeve

Chief Administrative Officer