Minutes

RURAL MUNICIPALITY OF CORNWALLIS

Minutes of the Regular Meeting of Council held in the Council Chambers of the Municipality on Tuesday, March 17, 2009.

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                                                                                           

ABSENT:           

Reeve Reg Atkinson

ADMINISTRATION PRESENT:

Donna Anderson, Finance Officer/Assistant CAO

Shelley Livingstone, Administrative Assistant

CALL TO ORDER - Deputy Reeve Brown

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

CONFIRMATION OF MINUTES

Resolution No.  47/2009

Dalgleish/Egert

Be it resolved that the minutes of the February 17, 2009 Regular Meeting of Council be approved as circulated and posted.

Carried 6-0

Resolution No.  48/2009

Cranford/Hofer

Be it resolved that the minutes of the February 17, 2009 Public Hearing of Council be approved as circulated.

Carried 6-0

ADOPTION OF THE AGENDA

Resolution No. 49/2009

Egert/Cranford

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

                General Business Item J. Authorize Chairman of the 125^th Birthday Planning Committee

Carried 6-0

REPORTS OF COMMITTEES

Onsite Wastewater Management meeting of February 20, 2009, Councillor Dalgleish

Resolution No. 50/2009

Thoman/Dalgleish

Be it resolved that Councillor Dalgleish's report of a February 20, 2009 meeting of a Committee established to review the implications of proposed amendments to Manitoba's Onsite Wastewater Management Regulations be hereby received.

Carried 6-0

RECEPTION OF DELEGATIONS AND PUBLIC HEARINGS

Public Hearings

7:05 P.M. - Conditional Use Order Application No. C-1-09-C,  Sung and Wang, Lot 1, Plan 47862

Resolution No.  51/2009

Hofer/Cranford

Resolved that the Council Adjourn to a public hearing to consider Conditional Use Order Application No. C-1-09C.

Carried 6-0

Resolution No.  52/2009

Egert/Dalgleish

Be it resolved that the public hearing to consider Conditional Use Application No. C-1-09-C be closed.

Carried 6-0

Resolution No. 53/2009

Egert/Hofer

Whereas Peng Sung and Nan Wang applied for a Conditional Use Order to permit for a boarding kennel for dogs and cats as a home based business in the AG80 Agricultural General Zone at Lot 1, Plan 47862; 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  rejects the application as submitted.

Carried 6-0

7:47 P.M. - Conditional Use Order Application No. C-2-09-C, W.D. Paige, S.L. Paige-Friesen and L.E. Friesen, Pt. SW ¼ 28-10-18 WPM

Resolution No.  54/2009

Dalgleish/Hofer

Resolved that the Council Adjourn to a public hearing to consider Conditional Use Order Application No. C-2-09-C.

Carried 6-0

Resolution No.  55/2009

Thoman/Dalgleish

Be it resolved that the public hearing to consider Conditional Use Application No. C-2-09-C be closed.

Carried 6-0

Resolution No.  56/2009

Hofer/Dalgleish

Whereas W.D. Paige, S.L. Paige-Friesen and L.E. Friesen applied for a Conditional Use Order to allow for a home based business (rental, sales & service) with outside storage in the "AG80" Agricultural General Zone at Southerly 1320 feet perpendicular of SW ¼ 28-10-18 WPM; and

That the Conditional Use Application be tabled; and

That the RM of Cornwallis work with the Brandon & Area Planning District to look into the option of changing the use to commercial within the development plan and zoning by-law.

Carried 6-0

Delegation, Bob Gladden, Toromont Cat

Mr. Gladden attended the meeting and spoke with Council regarding the two new Graders.

RECEPTION OF PETITIONS

None

COMMUNICATIONS

Resolution No.  57/2009

Hofer/Thoman

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

Date                        Item

12Feb09                 Manitoba Mines Branch, Quarry Permit Notification, NW 2/NE 3-10-18 W

Jan/09                     Police Constables Statistics

Undated                 R.M. of Daly, Notice of Public Hearing, Formation of a Planning District

23Feb09                 Reeve Atkinson's letter to the AMM re:  proposed Onsite Wastewater Management System Regulation Amendments

27Feb09                 AMM response to Reeve Atkinson's letter re:  Onsite Wastewater Management Systems and attached Member Advisory

27Jan09                  Manitoba Conservation letter to AMM re:  Onsite Wastewater Management Systems

26Feb09                 Base Commander's letter to Rogers Communications Inc. reference erection of a cell tower at SE corner of SW ¼ 1-10-17 WPM

16Jan01                  Manitoba EMO re:  Update and Exercise Requirements for Emergency Response Planning

09Mar09                  Manitoba Farm Women's Conference, Request for Sponsorship"

Carried 6-0

ACCOUNTS AND FINANCE

Approval of Accounts

Resolution No.  58/2009

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

                Feb 19/09              15,154.76

                Feb 26/09                  2,522.20                             

                Feb 26/09                   644.28

                Feb 26/09                2,686.91

                Feb 27/09              30,918.74

                Feb 28/09                   257.99

                Feb 28/09                   178.16

                 Mar 5/09                7,144.54

               Mar 12/09              28,601.99

               Mar 12/09                2,689.46

               Mar 12/09                   717.20

               Mar 12/09                1,462.94

               Mar 16/09              57,576.24

                               TOTAL $150,555.41; and

Be it further resolved that council indemnity accounts in the sum net total amount of $5,016.01 be approved for payment as follows:

Carried 6-0

Authorize Expenditures

Mayor's, Reeve's and CAO's Meeting, March 18, 2009

Resolution No.  59/2009

Egert/Hofer

Be it resolved that ­­­­­­­­­­­­­­­­­­­­Councillor Dalgleish be hereby authorized to attend at municipal expense in accordance with established policy a March 18, 2009 Mayor's, Reeve's and CAO's meeting scheduled for Hartney, Manitoba.

Carried 6-0

Capturing Opportunities, April 23, 24, 2009

Resolution No.   60/2009

Thoman/Dalgleish

Be it resolved that all members of Council be hereby authorized to attend at municipal expense in accordance with established policy an April 23 and 24, 2009 Capturing Opportunities Forum as sponsored by the Government of Manitoba and  scheduled for Brandon, Manitoba.

Carried 6-0

Annual Speedwatch Conference

No action.

MMAA Annual Conference, April 27 to 29, 2009

Resolution No.  61/2009

Dalgleish/Thoman

Be it resolved that one member of the Municipality's administration be hereby authorized to attend at municipal expense in accordance with established policy, an April 27 to 29, 2009 Conference of the Manitoba Municipal Administrators Association scheduled for Brandon, Manitoba.

Carried 6-0

Hudson Bay Route Association Membership

Resolution No.  62/2009

Hofer/Thoman

Be it resolved that the Municipality expend $200.00 to purchase annual membership within the Hudson Bay Route Association for the year 2009.

Carried 6-0

Municipal Official Seminar

Resolution No. 63/2009

Dalgleish/Thoman

Be it resolved that all members of Council be authorized to attend at municipal expense in accordance with established policy, an April 15 and 16, 2009 AMM Municipal Officials Seminar and Tradeshow scheduled for Brandon, Manitoba."

Carried 6-0

Financial Statement, Unaudited to December 31, 2008

Resolution No. 64/2009

Egert/Cranford

Be it resolved that the un-audited financial statement for the year ended December 31, 2008 be hereby received as presented.

Carried 6-0

Financial Statement Two months ended February 28, 2009

Resolution No.  65/2009

Egert/Thoman

Be it resolved that the financial statement for the two months ended February 28, 2009 be hereby received as presented.

Carried 6-0

Councillor Egert declared a conflict and vacated the chamber.

Tenders and Requests for Proposals

2009 A-Base Course Gravel Tender A, South of River

Resolution No.  66/2009

Dalgleish/Thoman

Whereas the Municipality received the following tenders in response to its invitation for its 2009 A-Base Course Gravel Tender A for Wards One and Two:

Rolling River First Nation                   $10.21

Fred Gilbert Trucking                         $10.44

Gravier Collet Gravel Inc.                   $11.29

Ballingall Brothers Ltd.                       $13.13

Now therefore be it resolved that the Municipality hereby awards the 2009 A-Base Course Gravel Tender A to Fred Gilbert Trucking in the amount of $10.44 all inclusive in accordance with the terms of the invitation to tender.

Further the RM has experience with this firm and was satisfied with the service provided and there was not a significant difference in the cost and the owner is a taxpayer in the Municipality.

Defeated 5-0

2009 A-Base Course Gravel Tender A, South of River

Resolution No.  67/2009

Thoman/Dalgleish

Whereas the Municipality received the following tenders in response to its invitation for its 2009 A-Base Course Gravel Tender A for Wards One and Two:

Rolling River First Nation                   $10.21

Fred Gilbert Trucking                         $10.44

Gravier Collet Gravel Inc.                   $11.29

Ballingall Brothers Ltd.                       $13.13

Now therefore be it resolved that the Municipality hereby awards the 2009 A-Base Course Gravel Tender A to Rolling River First Nation in the amount of $10.21 all inclusive in accordance with the terms of the invitation to tender.

Carried 5-0

2009 A-Base Course Gravel Tender B, North of River

Resolution No. 68/2009

Hofer/Thoman

Whereas the Municipality received the following tenders in response to its invitation for its 2009 A-Base Course Gravel Tender B for Wards Three and Four:

Fred Gilbert Trucking                         $9.49

Rolling River First Nation                   $10.43

Gravier Collet Gravel Inc.                  $11.29

Ballingall Brothers Ltd.                      $14.18

Now therefore be it resolved that the Municipality hereby awards the 2009 A-Base Course Gravel Tender B to Fred Gilbert Trucking in the amount of $9.49 all inclusive in accordance with the terms of the invitation to tender.

Carried 5-0

2009 A-Traffic Gravel Tender A, South of River

Resolution No. 69/2009

Thoman/Hofer

Whereas the Municipality received the following tenders in response to its invitation for its 2009 A-Traffic Type Gravel Tender A for Wards One and Two:

Rolling River First Nation                       $10.21

Fred Gilbert Trucking                             $10.44

Gravier Collet Gravel Inc.                       $10.76

Ballingall Brothers Ltd.                           $14.18

Now therefore be it resolved that the Municipality hereby awards the 2009 A-Traffic Type Gravel Tender A to Rolling River First Nation in the amount of $10.21 all inclusive in accordance with the terms of the invitation to tender.

Carried 5-0

2009 A-Traffic Gravel Tender B, North of River

Resolution No.  70/2009

Dalgleish/Hofer

Whereas the Municipality received the following tenders in response to its invitation for its 2009 A-Traffic Type Gravel Tender B for Wards Three and Four:

Fred Gilbert Trucking                          $9.49

Rolling River First Nation                  $10.43

Gravier Collet Gravel Inc.                  $10.76

Ballingall Brothers Ltd.                      $14.18

Now therefore be it resolved that the Municipality hereby awards the 2009 A-Traffic Type Gravel Tender B to Fred Gilbert Trucking in the amount of $9.49 all inclusive in accordance with the terms of the invitation to tender.

Carried 5-0

Councillor Egert returned to the chamber.

2009 Riverbend Park Mowing

Resolution No.  71/2009

Dalgleish/Hofer

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

Now therefore, be it resolved that the proposal from C & B 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

BY-LAWS

None

UNFINISHED BUSINESS

Request to extend Curries Landing Road to access SE 1-10-18 WPM

Resolution No.  72/2009

Hofer/Thoman

Whereas Jeremy Gaudry has requested the Municipality to extend Curries Landing Road a distance of ¼ mile to access Pt. SE 1-10-18 WPM;

Now therefore be it resolved that Mr. Gaudry be advised that the RM cannot build specific roads at the cost to taxpayers at large that benefit only a very limited number of dwellings; and

Be it further resolved that the RM of Cornwallis offer to negotiate an agreement with the applicant to build the requested road(s) on the basis that all construction costs including interest would be funded by a local improvement tax on the involved property over a fixed period of time.

Said agreement would have to be approved by the majority of Council.

Carried 6-0

GENERAL BUSINESS

Appointment of Finance Officer/Assistant Chief Administrative Officer

Resolution No.   73/2009

Dalgleish/Thoman

Be it resolved that Donna Anderson be hereby appointed to the position of Finance Officer/Assistant Chief Administrative Officer for the Rural Municipality of Cornwallis as outlined within a letter of offer dated March 2, 2009 and Position Profile accepted in writing on March 4, 2009; and

Be it further resolved that Donna Anderson be hereby granted signing authority of the Financial Assistant for the Municipality as set out in By-law No. 1593/01/2006, as amended.

Carried 6-0

Offer to Purchase, Lots 21/30, Block 63 and Lots 3/5, Block 64, Plan 278, BLTO, City of Brandon

Resolution No.  74/2009

Dalgleish/Thoman

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

Carried 6-0

Resolution No.  75/2009

Thoman/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 6-0

While in-camera the committee discussed a matter which is in preliminary stages.

Police Cruiser Replacement

No action.

City of Brandon, 2009 Mosquito Abatement Program

Resolution No. 76/2009

Cranford/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 2009 season; and

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

Carried 6-0

2009 Budgeting Schedule

Resolution No.  77/2009

Egert/Cranford

Be it resolved that the 2009 budget schedule for the R.M. of Cornwallis be adopted as presented; and

Be it further resolved that all meetings commence at 7:00 P.M.

Carried 6-0

Councillor Egert declared a conflict and vacated the chamber.

Minister of Intergovernmental Affairs, Aggregate Mining and Transportation Fees and Agreements Regulation, Authorizing Fee Increases

Resolution No.   78/2009

Cranford/Thoman

Be it resolved that correspondence dated March 2, 2009 from the Minister of Intergovernmental Affairs regarding amendments to MR 48/97 be hereby received; and

Be it further resolved that the Municipality's administration be hereby directed to draft a new By-law for Council's consideration to incorporate the new maximum rates authorized as a result of recent amendments to Manitoba Regulation 48/97 for mining and transporting aggregate.

Carried 5-0

Councillor Egert returned to the chamber.

2010 General Election, Intergovernmental Affairs Recommendation to review boundaries/council composition

Resolution No.  79/2009

Cranford/Thoman

Be it resolved that Bulletin #2009-4 from Intergovernmental Affairs reference the 2010 General Election be hereby received as information.

Carried 6-0

Newspaper Boxes, Senior Machine Operator

Resolution No.  80/2009

Cranford/Dalgleish

Be it resolved that a letter be sent to the Brandon Sun requesting their co-operation in locating newspaper distribution boxes a distance of not less than 12 feet from the edge of the developed portion of roads under the jurisdiction of the R.M. of Cornwallis.

Carried 6-0

Municipality's 125^th Birthday Planning

Resolution No. 81/2009

Dalgleish/Cranford

Be it resolved that Councillor Val Thoman be authorized to Chair the 125^th Committee.

Carried 6-0

Meeting Extension

Resolution No. 82/2009

Dalgleish/Thoman

Be it resolved that this meeting be extended thirty minutes.

Carried 6-0

INQUIRIES

Council members discuss transfer station attendants job descriptions and duties and also  the Animal Control Agreement and By-law.  Also discussed was the recent attendance at a Waste Recycling seminar.

The Finance Officer/Assistant CAO and the Administrative Assistant left the meeting at 10:00 P.M.

Personnel, In Camera

Resolution No.  83/2009

Cranford/Thoman

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

Carried 6-0

Resolution No.  84/2009

Egert/Hofer

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

Public Works Employee Recall

Resolution No.  85/2009

Thoman/Dalgleish

Be it resolved that the Municipality offer seasonal, full time employment to Blaine Wakefield as Public Works Employee in accordance with the job description approved February 19, 2008; and

Be it further resolved that the call back date be established as April 20, 2009.

Carried 6-0

Machine Operator

Resolution No.  86/2009

Egert/Cranford

Be it resolved that the Municipality offer seasonal, full time employment to Eric Strahl according to the job description for Machine Operator approved July 19, 2008; and

Be it further resolved that the call back date be established as per the call of the Supervisor; and

Be it further resolved that hours of work will be in accordance with Heavy Construction Industry Wages for the purposes of overtime calculation and that usual daily hours of work will be as per the call of the Supervisor.

Carried 6-0

ADJOURNMENT

Resolution No.  87/2009

Resolved that this meeting be adjourned.

Carried 6-0

Adjourn time:  10:20 P.M.

Approved: __________________________________________ 2009

                                                                                                                _____________________________________________

DEPUTY REEVE

                                                                                                                                                                                                                                                                                                                _____________________________________________

                ADMINISTRATIVE ASSISTANT