Minutes

RURAL MUNICIPALITY OF CORNWALLIS

Minutes of the Regular Meeting of Council held in the Council Chambers of the Municipality on Tuesday, April 21, 2009.

PRESENT:           

Reeve Reg Atkinson

Deputy Reeve, Bob Brown, Ward Two

Councillor Emil Egert, Ward One

Councillor Sam Hofer, Ward Three

Councillor Heather Dalgleish, Ward Four

Councillor Valerie Thoman, Ward Six

ABSENT:           

Councillor Mike Cranford, Ward Five,

With Council Approval

ADMINISTRATION PRESENT:

Chief Administrative Officer, R.L.(Bob) Wallis

Finance Officer/Assistant CAO, Donna Anderson

CALL TO ORDER - Reeve Atkinson

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

CONFIRMATION OF MINUTES

Resolution No.  93/2009

Hofer/Dalgleish

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

Carried 6-0

Resolution No. 94/2009

Brown/Dalgleish

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

Carried 6-0

Resolution No. 95/2009

Egert/Thoman

Be it resolved that the minutes of the April 7, 2009 Special Meeting of Council be approved as circulated and posted.

Carried 6-0

ADOPTION OF THE AGENDA

Resolution No. 96/2009

Egert/Hofer

Be it resolved that the Agenda be adopted as presented with 11.a to follow reception of public hearings.             

Carried 6-0

RECEPTION OF PUBLIC HEARINGS AND DELEGATIONS

Resolution No.  97/2009

Thoman/Brown

Be it resolved that the Council adjourn to a public hearing.

Carried 6-0

PUBLIC HEARING

A Public Hearing in accordance with subsection 162(2) of The Municipal Act was held at 7:00 p.m. for the Rural Municipality of Cornwallis' Financial Plan for the fiscal year 2009.

IN THE MATTER OF THE RURAL MUNICIPALITY OF CORNWALLIS' 2009 FINANCIAL PLAN

There was no representation made from the general public in favour or in opposition to the 2009 Financial Plan

Resolution No.  PH01/2009

Thoman/Dalgleish

Be it resolved that the public hearing to hear representation concerning the Municipality's 2009 Financial Plan be closed.

Carried 6-0

Public Hearings under the RM of Cornwallis Zoning By-law No.1558/09/99 as amended, were held for the following applications:

7:03 P.M. - Proposal to Subdivide, Pt. NE ¼ 12-10-17 W, Lots 2/3 Plan 2139 BLTO Rutz

7:05 P.M. - Conditional Use Order Application No. C-03-09-C, Pt. NW ¼ 35-9-19 WPM, Andrew

7:08 P.M. - Conditional Use Order Application No. C-04-09-C, Hunter, Pt. NE ¼ 29-10-19 WPM

IN THE MATTER OF THE PROPOSAL TO SUBDIVIDE, APPLICATION NO. 4116-09434

Councillor Dalgleish declared a conflict and vacated the chamber.

Mr. Alex Rutz spoke in favour of the application.

Mr. Dan McPherson, BAPD, was present to respond to inquiries.

Resolution No. PH02/2009

Thoman/Brown

Be it resolved that the public hearing to hear representation concerning Subdivision Application No. 4116-09434 be recessed to May 19, 2009.

Carried 6-0

Councillor Dalgleish returned to the chamber.

IN THE MATTER OF THE CONDITIONAL USE ORDER APPLICATION NO. C-03-09-C

Mr. William Andrew spoke in favour of this application.

Mr. Dan McPherson, BAPD, was present to respond to inquiries.

Resolution No.  PH03/2009

Egert/Thoman

Be it resolved that the public hearing to consider Conditional Use Application No. C-03-09-C be closed.

Carried 6-0

IN THE MATTER OF THE CONDITIONAL USE ORDER APPLICATION NO. C-04-09-C

Mr. Jeff Hunter spoke in favour to the application.

Mr. Dan McPherson, BAPD, was present to respond to inquiries.

Resolution No.  PH04/2009

Brown/Hofer

Be it resolved that the public hearing to consider Conditional Use Application No. C-04-09-C be closed.

Carried 6-0

Council reconvened in Open Session.

Matters from Public Hearings

Conditional Use Order Application No. C-03-09-C, Pt. NW ¼ 35-9-19 WPM, Andrew

Resolution No.   98/2009

Egert/Hofer

Whereas William Andrew applied for a Conditional Use Order to allow for a non farm dwelling in the "AG80" Agricultural General Zone at Pt. NW ¼ 35-9-19 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 subject to the following conditions:

None

Carried 6-0            

Conditional Use Order Application No. C-04-09-C, Hunter, Pt. NE ¼ 29-10-19 WPM

Resolution No.   99/2009

Brown/Thoman

Whereas Dena and Jeff Hunter applied for a Conditional Use Order to allow a non farm dwelling in the "AG80" Agricultural General Zone at Pt. NE ¼ 29-10-19 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 subject to the following conditions: 

None.

Carried 6-0

Delegations

Delegation, Manitoba Hydro - Bipole III

Resolution No.  100/2009

Hofer/Egert

Be it resolved that the presentation from representatives of Manitoba Hydro concerning a project known as Bipole III Reliability Improvement Project be hereby received as information.

Carried 6-0

REPORTS OF COMMITTEES

125^th Anniversary Celebration, Councillor Thoman

Resolution No.  101/2009

Dalgleish/Brown

Be it resolved that Councillor Thoman's report of plans to recognize the Municipality's 125^th Anniversary of Incorporation be hereby received.

Carried 6-0

Review of Animal Control Service Provision

Resolution No. 102/2009

Brown/Dalgleish

Be it resolved that a written report of an April 14, 2009 meeting to review Animal Control Services be hereby received

Carried 6-0

RECEPTION OF PETITIONS

None

COMMUNICATIONS

Resolution No.  103/2009

Thoman/Dalgleish

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

Date                      Item

17Mar09                 City of Brandon Planning, Notice of Hearing, Zoning Amendment By-law 6939, Z-3-09-B

16Mar09                 Onsite Wastewater Systems Installers of Manitoba Inc.

18Mar09                 Manitoba Mines Branch, Quarry Lease Application, W of 1-10-18 WPM

12Mar09                 Manitoba Highway Traffic Board, Notice of Hearing

03apr09                Jon and Candace Weiss, Letter of inquiry re: Property Standards, Animal Control and Building Code Enforcement

Carried 6-0

ACCOUNTS AND FINANCE

Approval of Accounts

Resolution No.  104/2009

Egert/Dalgleish

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

               Mar 19/09              21,357.80

               Mar 26/09                2,961.26

               Mar 26/09                3,792.67

               Mar 31/09                   499.56

               Mar 31/09            424,497.17

                 Apr 2/09                5,060.44

                 Apr 2/09                4,809.89

                 Apr 9/09                2,774.44

                 Apr 9/09                3,791.85

                 Apr 9/09                9,000.88

                 Apr 9/09                     78.75

               Apr 16/09                 3,810.28

               Apr 16/09               12,378.50

                               TOTAL $494,813.49; and

Be it further resolved that council indemnity accounts in the sum net total amount of $4,850.90 be approved for payment as follows:

Carried 6-0

Authorize Expenditures

Authorize Attendance, Provincial Land Use Policy Workshop, April 22, 2009, Souris, Manitoba

Resolution No.  105/2009

Hofer/Thoman

Be it resolved that Reeve Atkinson and Councillors' Egert and Brown be hereby authorized to attend at municipal expense in accordance with established policy a April 22, 2009 Provincial Land Use Policy Workshop scheduled for Souris, Manitoba.

Carried 6-0

Financial Statement Three months ended March 31, 2009

Resolution No.  106/2009

Egert/Thoman

Be it resolved that the financial statement for the three months ended March 31, 2009 be hereby received as presented.

Carried 6-0

BY-LAWS

2009 Mill Rate By-law No. 1608/02/2009, First Reading Only

Adoption of the Plan

Resolution No. 107/2009

Brown/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 2009; and

Whereas the Council has held a public hearing in accordance with subsection 162(2) MA with respect to the 2009 Financial Plan;

NOW THEREFORE be it resolved that the 2009 Financial Plan be adopted as follows:

• the operating budget for municipal purposes be in the amount of $2,336,453.28;
• the appropriation to Allowance for Tax Assets be in the amount of $9,464.00;
• the capital budget be in the amount of $894,925.43;

the five year capital expenditure program and the estimated revenues and expenditures to be as shown on the 2009 financial plan which plan shall be incorporated in and form a part of the 2009 Mill Rate By-law as Schedule "A".

Carried 6-0

By-law 1608/02/2009, First Reading Only

Resolution No.   108/2009

Egert/Brown

Be it resolved that the Council of the R.M. of Cornwallis hereby give first reading to By-law No. 1608/02/2009, being a By-law to establish Mill Rates for 2009.

Carried 6-0

UNFINISHED BUSINESS

Toromont Cat, TMR Agreement

Resolution No.   109/2009

Brown/Egert

Be it resolved that upon finalizing the sales agreement the Municipality enter into a Total Maintenance and Repair Agreement with Toromont Cat for the following equipment:

1 - 140 M Motor Grader, Serial Number B9M00519

1 - 140 M Motor Grader Serial Number 59M00550

as in accordance with documentation presented to Council this date.

Carried 5-1  Opposed:  Atkinson

Burns Maendel, Prosperity Acres Subdivision Review

Resolution No.   110/2009

Egert/Brown

Be it resolved that the Municipality ‘s signing officers be authorized to enter into an Engineering Services Agreement with Burns Maendel Consulting Engineers Ltd. as in accordance with documentation dated April 15, 2009 for the engineering review and letter of opinion for Prosperity Acres Subdvision.

Carried 6-0

GENERAL BUSINESS

Application for Drainage Works, Riesmeyer, Pt. SW 22-10-17 W

Resolution No.   111/2009

Dalgleish/Brown

Be it resolved that the Council of the R.M. of Cornwallis registers no concerns with respect to a water rights application by Ed Reismeyer at Pt SW 22-10-17 WPM as circulated by Manitoba Water Stewardship on April 6, 2009.

Carried 6-0

Proposal to Subdivide, Pt. SW ¼ 32-9-18 WPM, Blight

Resolution No.   112/2009

Egert/Thoman

Be it resolved that a proposal to subdivide Pt. SW ¼ 32-9-18 WPM and being Application No. 4116-09-433 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 in the "AG 80" Agricultural General Zone;

2.        Any other such conditions and requirements as are necessary.

Carried 6-0

Fran Henderson, New Hope Equine Ministries

Resolution No.   113/2009

Brown/Egert

Be it resolved that a request by Fran Henderson to operate New Hope Equine Ministreis at the former Archery Range Site for purposes described in a letter received April 15, 2009 be hereby received and referred to a special committee comprised of Council in order to obtain further details.

Defeated 6-0

Request to discharge caveat to evidence an Easement Agreement, Tammy Kelly

Resolution No.   114/2009

Hofer/Thoman

Be it resolved that the Municipality's signing officers be hereby authorized to sign documentation necessary to discharge Caveat no. 1195616 as registered by the Municipality against CT 2162800 BLTO on January 11, 2007.

Carried 6-0

INQUIRIES

Council members inquired about the road damage regarding the additional traffic due to the upgrades to Hwy #10; Council also inquired about the Birdel Acres Pump; which was started a week ago.  Council also inquired about what the RCMP will do if it is observed and reported that vehicles are going around road closure barricades. 

NOTICE OF MOTION

None

ADJOURNMENT

Resolution No.  115/2009

Resolved that this meeting be adjourned.

Carried 6-0

Adjourn time:  8:00 P.M.

Approved: __________________________________________ 2009

                                                                                                                _____________________________________________

REEVE

                                                                                                                                                                                                                _____________________________________________

                CHIEF ADMINISTRATIVE OFFICER