Minutes

RURAL MUNICIPALITY OF CORNWALLIS

Minutes of a Regular Meeting of Council held in the Council Chambers of the Municipality on Tuesday, September 16th, 2008.

VACANCY:                Reeve

PRESENT:      

Deputy Reeve, Bob Brown, Ward Two

Councillor Emil Egert, Ward One

Councillor Sam Hofer, Ward Three

Councillor Heather Dalgleish, Ward Four

Councillor Mike Cranford, Ward Five

Councillor Valerie Thoman, Ward Six

ADMINISTRATION PRESENT:

Bob Wallis, CAO

Susan Moore, Financial Assistant

CALL TO ORDER - Deputy Reeve Brown

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

CONFIRMATION OF MINUTES

Resolution No. 322/2008

Dalgleish/Thoman

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

Carried 6-0

Resolution No. 323/2008

Hofer/Egert

Be it resolved that the minutes of the August 19, 2008 Public Hearing be approved as circulated and posted.

Carried 6-0

Resolution No. 324/2008

Hofer/Egert

Be it resolved that the minutes of the September 2, 2008 Special Meeting of Council be approved as circulated and posted.

Carried 6-0

ADOPTION OF THE AGENDA

Resolution No. 325/2008

Hofer/Thoman

Be it resolved that the Agenda be adopted as presented.

Carried 6-0

RECEPTION OF DELEGATIONS AND PUBLIC HEARINGS

David Smith, Emergency Coordinator Candidate

Resolution No. 326/2008

Hofer/Thoman

Be it resolved that David Smith be hereby appointed as the Municipality's Emergency Coordinator in accordance with By-law No. 1590/03/2005, and subject to the following remuneration:

1.        For use of personally owned vehicle for travel associated with preparation of the plan and for Emergency

Coordination duties to be paid at the Municipality's prevailing rate per kilometer for members of Council.

2.        Actual cost of attending courses of instruction including tuition, meals, travel and lodging and hourly remuneration as may be approved in advance by the Municipality such remuneration to be paid at rates established for members of Council according to the Municipality's Remuneration By-law.

3.        $25.00 per month allowance to keep an activated cell phone in order that the Municipality can make contact on a 24/7 basis.

4.        An annual honorarium in an amount of $500.00

Carried 6-0

Resolution No. 327/2008

Hofer/Egert

Be it resolved that the Municipality's Emergency Coordinator be authorized to attend at municipal expense including hourly remuneration, a September 22 and 23, 2008 Manitoba Emergency Management Course scheduled for Portage la Prairie, Manitoba.

Carried 6-0

Conditional Use Application C-10-08-C, Gentrice Farms Ltd., Pt. SW ¼ 25-9-19 W

Resolution No. 328/2008

Thoman/Cranford

Be it resolved that the Council adjourn to convene a public hearing to consider Conditional Use Order Application No. C-10-08-C.

Carried 6-0

Resolution No. 329/2008

Hofer/Thoman

Be it resolved that the public hearing to consider Conditional Use Application No. C-10-08-C be closed.

Carried 6-0

Resolution No. 330/2008

Egert/Dalgleish

Whereas Richard and Carole McCurry applied for a conditional Use Order to permit a non-farm dwelling in the "AG80" Agricultural General Zone at Pt. SW ¼ 25-9-19 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 the Conditional Use Order No. C-10-08-C be issued subject to the following conditions:

None.

Carried 6-0

Variation Order Application No. V-2-08-C

Resolution No. 331/2008

Thoman/Cranford

Resolved that the Council adjourn to a public hearing to consider a Variation Application

Carried 6-0

Resolution No. 332/2008

Hofer/Egert

Be it resolved that the public hearing to consider a Variation Application be closed.

Carried 6-0

Resolution No. 333/2008

Hofer/Egert

Whereas Ron Dutchak applied to vary the application of the Municipality's Zoning By-law No. 1558/09/99, as amended, with respect to Pt. SW ¼ 4-10-19 WPM as follows:

To reduce the minimum required site area from 80 acres to 70 acres (approx.) in the "AG80" Agricultural General Zone to satisfy a condition of subdivision approval.

And Whereas the Council held a public hearing to hear representation in favour and in opposition to the application; and

Whereas the Council is satisfied that varying the application of specific provisions of the zoning by-law with regard to the affected property in the manner specified in the order

(a).  will be compatible with the general nature of the surrounding area,

(b).   will not be detrimental to the health or general welfare of people living or working in the surrounding area, or negatively affect other properties or potential development in the surrounding area,

(c).   is the minimum modification of a zoning by-law required to relieve the injurious affect of the zoning by-law on the applicant's property, and

(d).  is generally consistent with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law.

Now therefore be it resolved that in consideration of the foregoing and of any representation made at the hearing and of the application itself, the Council hereby approves the application as submitted and authorize that Variation Order No.  V-2-08-C be issued, subject to the following conditions:

None.

Carried 6-0

Variation Order Application No. V-3-08-C

Resolution 334/2008

Cranford/Thoman

Resolved that the Council adjourn to a public hearing to consider a Variation Application

Carried 6-0

Resolution 335/2008

Hofer/Egert

Be it resolved that the public hearing to consider a Variation Application be closed.

Carried 6-0

Resolution No. 336/2008

Dalgleish/Cranford

Whereas Janelle Babee and Murray Turner applied to vary the application of the Municipality's Zoning By-law No. 1558/09/99, as amended, with respect to Pt.  NW ¼ 13-10-17 WPM as follows:

To reduce the minimum required site area from 80 acres to 40 acres in the "AG80" Agricultural General Zone to satisfy a condition of subdivision approval.

And Whereas the Council held a public hearing to hear representation in favour and in opposition to the application; and

Whereas the Council is satisfied that varying the application of specific provisions of the zoning by-law with regard to the affected property in the manner specified in the order

(a).  will be compatible with the general nature of the surrounding area,

(b).   will not be detrimental to the health or general welfare of people living or working in the surrounding area, or negatively affect other properties or potential development in the surrounding area,

(c).   is the minimum modification of a zoning by-law required to relieve the injurious affect of the zoning by-law on the applicant's property, and

(d).  is generally consistent with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law.

Now therefore be it resolved that in consideration of the foregoing and of any representation made at the hearing and of the application itself, the Council hereby approves the application as submitted and authorize that Variation Order No.  V-3-08-C be issued, subject to the following conditions:

None.

Carried 6-0

Delegation, Elton Energy Co-op, Councillor Dalgleish

Resolution No. 337/2008

Egert/Thoman

Be it resolved that the presentation by Jim Boyd on behalf of the Elton Energy Co-op be hereby received and be it resolved that the Elton Energy Co-op keep informing the RM of Cornwallis and Council support its initiative.

Carried 6-0

GENERAL BUSINESS

Back Lane Complaint, Chater

Resolution No. 338/2008

Hofer/Egert

Be it resolved that the following items of correspondence be received:

1.        Letter from Dan Tardiff dated September 8, 2008;

2.        Letter from Greg Clark dated September 13, 2008

3.        Letter from Jim Gray dated September 12, 2008; and

Be it further resolved that the issue of the school bus be referred to the Ward Councillor to address as he considers appropriate.

Carried 6-0

Proposal to Subdivide Pt. S ½ of SW ¼ 30-10-19 W

Resolution No. 339/2008

Thoman/Cranford

Be it resolved that a proposal to subdivide Pt. SW ¼ 30-10-19 WPM be deferred so the Planning District may arrange a new public hearing as a result of changes to the layout of the proposed subdivision.

Carried 6-0

Proposal to Subdivide Pt. SE1/4 16-9-17 W

Resolution No. 340/2008

Egert/Hofer

Be it resolved that a proposal to subdivide Pt. SE ¼ 16-9-17 WPM and being Application No. 4116-08-409 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

Heavy Truck Route By-law Re:  34^th St., and Richmond Avenue

Resolution No. 341/2008

Hofer/Thoman

Be it resolved that in view of correspondence from the City of Brandon dated September 10, 2008 it be resolved as follows:

1.        That the Chief Constable's assistance be requested in order to accommodate Action Item 1.

2.        The City of Brandon and its contractors be authorized to use 34^th Street fro the City limit to Patricia Avenue And Patricia Avenue from 34^th Street to the City limit for heavy trucks until the traffic circle at 34^th Street and Richmond Avenue is re-opened.

3.    That the City of Brandon and its contractors be authorized to use Richmond Avenue from the City limit west to 50^th Street, 50^th Street from Richmond Avenue to Patricia Avenue and Patricia Avenue from 50^th Street East to the City limits at such times that the City or its contractors are securing topsoil from the Brookwood Subdivision.

Carried 5-1

Opposed:  Cranford

COMMUNICATIONS

Resolution No. 342/2008

Egert/Thoman

Be it resolved that the following items be received:

Date                      Item

20Aug 08              Manitoba Water Stewardship, Licencing Requirements

June, 2008            Municipal Employees Pension Plan, Contribution Rate Increase Notification

02Sep 08              AMM Resolutions Notification

04Sep 08              City of Brandon, Enhanced 911 Rate Notification

03Sep 08              Municipal Board Notice of Decision Appeal by Graham, Pt. NW ¼ 15-10-17W

Carried 6-0

ACCOUNTS AND FINANCE

Approval of Accounts

Resolution No. 343/2008

Egert/Thoman

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

               Aug 28/08                1,131.71

               Aug 28/08                1,589.88

               Aug 28/08                2,814.90

                Sep 11/08                3,858.67

                Sep 11/08                1,592.38

               Aug 21/08                7,967.19

               Aug 28/08               36,848.67

                  Sep 4/08                8,212.83

                  Sep 4/08                2,130.95

                                  TOTAL $66,147.18; and

Be it further resolved that council indemnity accounts in the sum net total amount of  $5,529.21 be approved for payment as follows:

Carried 6-0

Authorize Expenditures

Resolution No. 344/2008

Hofer/Thoman

Be it resolved that a proposal that all Council Members be hereby authorized to attend tat the municipal expense in accordance with established policy an AMM PSAB Financial Statements workshop scheduled for October 3, 2008 in Portage la Prairie, Manitoba.

Carried 6-0

Financial Statement

Resolution No.345/2008

Hofer/Egert

Be it resolved that the financial statement to August 31, 2008 be adopted as presented.

Carried 6-0

UNFINISHED BUSINESS

Policing Fines Inquiry

Resolution No.346/2008

Dalgleish/Thoman

Be it resolved that associated with an inquiry from Council, an administrative report concerning policing fines during the period 2003 to 2007 be hereby received as information.

Carried 6-0

Development Plan Review, arrange meeting with Rural Planning Services Manager

Resolution No. 347/2008

Thoman/Dalgleish

Be it resolved that all members of Council be hereby authorized to attend at municipal expense in accordance with established policy a meeting with the Rural Planning Services Manager of the Brandon and Area Planning District to be held on a date to be arranged by the Rural Planning Services Manager in order to discuss issues to be addressed within the upcoming Development Plan Review.

Carried 6-0

Inquiry Re: Cardlock Systems for Chater Water Tank Loading Station

No action

GENERAL BUSINESS continued

Keystone Centre Funding, Councillor Egert

Resolution No. 348/2008

Egert/Thoman

Be it resolved that Councillor Egert's report concerning the Keystone Centre funding be hereby received; and

Be it further resolved that the Reeve of the RM of Cornwallis prepare a letter for the purpose of supporting the development of a sustainable funding arrangement for the Keystone Centre that does not include the sale or long term lease of  property.

Carried 6-0

Ian J. Grossart, Certified Organic Farming Notification

Resolution No. 349/2008

Dalgleish/Thoman

Be it resolved that correspondence Ian Grossart dated July 30, 2008 outlining his plans to establish organic farming certification at W 34-8-18 W, W 35-8-18 W, and W 2-9-18 W be hereby received as information.

Carried 6-0

Helgi & Irene Helgason, Proposal to Name Road

Resolution No. 350/2008

Dalgleish/Cranford

Be it resolved that a request by letter received September 4, 2008 from Helgi and Irene Helgason that a street be named in recognition of the name "Helgason" be hereby received: and

Be it further resolved that it be filed for information.

Carried 6-0

ADJOURNMENT

Resolution No. 351/2008

Thoman/Hofer

Resolved that this meeting be adjourned.

Carried 6-0

Adjourn time 9:20 P.M.

Approved________________________, 2008                                      

 Deputy Reeve

Chief Administrative Officer