Minutes

  RURAL MUNICIPALITY OF CORNWALLIS

Minutes of the Regular Meeting of Council held in the Council Chambers of the Municipality on Tuesday, July 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 Mike Cranford, Ward Five

Councillor Valerie Thoman, Ward Six

ADMINISTRATION PRESENT:                                                                            

Finance Officer/Assistant CAO, Donna Anderson

Administrative Assistant, Shelley Livingstone

CALL TO ORDER - Reeve Atkinson

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

CONFIRMATION OF MINUTES

Resolution No. 182/2009

Hofer/Dalgleish

Be it resolved that the minutes of the June 16, 2009 Regular Meeting of Council be approved as circulated and posted.

Carried 7-0

Resolution No. 183/2009

Brown/Dalgleish

Be it resolved that the minutes of the June 30, 2009 Meeting of the Transportation Services Committee be approved as circulated.

Carried 7-0

ADOPTION OF THE AGENDA

Resolution No.  184/2009

Egert/Dalgleish

Be it resolved that the Agenda be adopted as presented. 

Carried 7-0

RECEPTION OF PUBLIC HEARINGS AND DELEGATIONS

Resolution No.  185/2009

Hofer/Thoman

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

Carried 7-0

PUBLIC HEARING

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

7:00 P.M.                Variation Application No. V-4-09-C, Kauk    

7:05 P.M.                Conditional Use Application No. C-6-09-C, Blight

7:10 P.M.                Conditional Use Application No. C-7-09-C, Graham

7:15 P.M.                Variation Application No. V-5-09-C, Hladky Holdings Ltd.

IN THE MATTER OF THE VARIATION ORDER APPLICATION NO. V-4-09-C

Mr. Jim Kauk spoke in favour of this application.

Resolution No.  PH09/2009

Brown/Dalgleish

Be it resolved that the public hearing to hear representation concerning Variation Order Application No. V-4-09-C be closed.

Carried 7-0

IN THE MATTER OF THE VARIATION ORDER APPLICATION NO. C-06-09-C

Mr. Keith Blight spoke in favour of this application.

Resolution No. PH10 /2009

Egert/Hofter

Be it resolved that the public hearing to hear representation concerning Conditional Use Order Application No. C-6-09-C be closed.

Carried 7-0 

IN THE MATTER OF THE VARIATION ORDER APPLICATION NO. C-07-09-C

Mr. Bill Graham spoke in favour of this application.

Resolution No. PH11 /2009

Dalgleish/Thoman

Be it resolved that the public hearing to hear representation concerning Conditional Use Order Application No. C-7-09-C be closed.

Carried 7-0 

IN THE MATTER OF THE VARIATION ORDER APPLICATION NO. V-05-09-C

Mr. Lawrence Peters spoke in favour of this application.

Resolution No.  PH12/2009

Hofer/Cranford

Be it resolved that the public hearing to hear representation concerning Variation Order Application No. V-5-09-C be closed.

Carried 7-0 

Council reconvened in Open Session.

PLANNING

Matters from Public Hearings

Variation Application No. V-4-09-C, Kauk 

Resolution No. 186/2009

Brown/Cranford

Whereas James Kauk applied to vary the application of the Municipality's Zoning By-law No. 1558/09/99, as amended, with respect to Lot A, Plan 1448 BLTO in Pt. NW 9-10-19 WPM as follows:

To reduce the minimum required west side yard from the required side yard of 25 feet (7.62 m) to 12 feet (3.57 m) to allow for construction only of the barn styled shop at the proposed location on his rural non-farm parcel in the "AG 80" Agricultural General Zone. 

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-04-09-C be issued, subject to the following conditions:          None."

Carried 7-0

Conditional Use Application No. C-6-09-C, Blight 

Resolution No.  187/2009

Egert/Dalgleish

Whereas Keith and Doreen Blight applied for a Conditional Use Order to permit a non-farm parcel in the AG80 Agricultural General Zone at Pt. SW ¼ 32-9-18 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-6-09-C be issued subject to the following conditions:  None.

Carried 7-0

Conditional Use Application No. C-7-09-C, Graham 

Resolution No.  188/2009

Dalgleish/Cranford

Whereas Bill and Elaine Graham applied for a Conditional Use Order to permit a non-farm parcel in the AG80 Agricultural General Zone at Pt. NW ¼ 15-10-17 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-7-09-C be issued subject to the following conditions:  None.

Carried 7-0

Variation Application No. V-5-09-C, Hladky Holdings Ltd. 

Resolution No.  189/2009

Hofer/Brown

Whereas Concept Development Plus applied on behalf of the owners Hladky Holdings Ltd. to vary the application of the Municipality's Zoning By-law No. 1558/09/99, as amended, with respect to Pt. NE ¼ 27-10-18 WPM (Pcl A and B, Plan 1279, and Lot 6, Block 1, Plan 33537 BLTO) as follows:

To vary the minimum required frontage from 150 ft (45.72m) in the General Development Zone on the following lots on a proposed Plan of Subdivision:

• Lot 8 - reduced to 97.14ft (29.61m)
• Lot 9 - reduced to 116.59ft (35.54m)
• Lot 13 - reduced to 55.86ft (17.03m)
• Lot 17 - reduced to 141.86ft (43.24m)
• Lot 31 - reduced to 122.51ft (37.34m)

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-5-09-C be issued, subject to the following conditions:          None.

Carried 6-1  For:  Atkinson, Egert, Brown, Hofer, Dalgleish, Cranford, Opposed: Thoman 

Proposal to Subdivide, Lots 1 and 3, Plan 2541 BLTO, Pt. SW ¼ 18-9-19 W, Zimmer

Resolution No.  190/2009

Brown/Cranford

Be it resolved that a proposal to Subdivide Lots 1 and 3 Plan 2541 BLTO, Pt. SW ¼ 18-9-19 WPM, being Application No. 4116-09-446 be hereby approved subject to the following conditions recommended by the Brandon and Area Planning District:

1.        Any such conditions and requirements as are necessary by other government agencies.

Carried 7-0

Application for Second Dwelling, Pt. NE ¼ 5-9-17 WPM, McKenzie

Resolution No.  191/2009

Egert/Brown

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. NE ¼ 5-9-17 WPM as outlined in correspondence from the Brandon and Area Planning District dated July 14, 2009 is in compliance with Part 5, Section 3(1)(c) of By-law No. 1558/09/99, as amended.

Carried 7-0

DELEGATIONS

Councillor Egert declared an interest in this matter and withdrew from the Chamber.

Jack Elves, Requesting municipal support of application for Quarry lease of Road Allowance between NW ¼ 2-10-18 W and SW ¼ 11-10-18 W and NE ¼ 3-10-18 W and SE ¼ 10-10-18 W

Resolution No. 192/2009

Hofer/Cranford

Be it resolved that the presentation by Jack Elves opposing a proposed quarry lease of a Road Allowance between NW ¼ 2-10-18 W and SW ¼ 11-10-18 W and NE ¼ 3-10-18 W and SE ¼ 10-10-18 W be hereby received and moved under the order of general business.

Carried 7-0

Councillor Egert returned to the chamber.

REPORTS OF COMMITTEES

Transportation Services Committee of June 30, 2009 and Brandon Annexation Committee Meeting of July 3, 2009

Resolution No.  193/2009

Brown/Hofer

Be it resolved that the reports of committees be hereby received as presented.

Carried 7-0

RECEPTION OF PETITIONS

None

COMMUNICATIONS

Resolution No. 194 /2009

Egert/Cranford

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

Date                         Item

11Jun09                  Manitoba Mines Branch, Notification of Quarry Permit issued for Road Allowance between NW 2-10-18 W and NE 3-10-18 W

18Jun09                  Manitoba Highway Traffic Board, Notice of Hearing

26Jun09                  Manitoba Agriculture Food and Rural Initiatives, First Impressions Community Exchange Program

Carried 7-0

ACCOUNTS AND FINANCE

Approval of Accounts

Resolution No.  195/2009

Dalgleish/Egert

Be it resolved that the invoice totaling $7,644.00 be removed from the approval of accounts bringing the total approval amount to $125,912.56 under payroll and general accounts.

Carried 7-0

Resolution No.  196/2009

Egert/Hofer

Carried 7-0

Councillor Brown declared an interest in this matter and withdrew from the chamber.

Resolution No. 197/2009

Egert/Dalgleish

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

                                16-Jul                                $890.99

Carried 6-0

Councillor Brown returned to the Chamber.

Councillor Egert declared an interest in this matter and withdrew from the chamber.

Resolution No. 198/2009

Hofer/Cranford

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

                                20-Jul                                $188,903.60

Carried 6-0

Councillor Egert returned to the Chamber.

Authorize Expenditures

Award Spring Valley Road Upgrade, Gas Tax Reserve Fund

Resolution No. 199/2009

Brown Dalgleish

Whereas the Council invited proposals to upgrade Spring Valley Road and has reviewed Schedule A - Eligible Project Categories of the Federal Gas Tax Agreement; and

Whereas the Municipality has received the following proposals:

1.  Fred Gilbert Trucking - $10.75 yd + 5% GST All inclusive price $ 11.28 yd

2.  High Country Feeders - all inclusive $11.35 yd

Now therefore be it resolved that the Council hereby awards the project to Fred Gilbert Trucking in the amount of $10.75 per yard taxes extra to be paid with $106,615.96 from the Gas Tax Reserve and the balance from the Ward One Transportation budget allocation for 2009.

Carried 5-1  For:  Atkinson, Brown, Dalgleish, Cranford, Thoman  Opposed:  Hofer  Abstained:  Egert

Financial Statement Six Months ended June 30, 2009

Resolution No.  200/2009

Egert/Cranford

Be it resolved that the financial statement for the six months ended June 30, 2009 be hereby received as presented.

Carried 7-0

2008 Financial Report prepared by Sensus Partnership of Chartered Accountants

Resolution No.  201/2009

Hofer/Dalgleish

Be it resolved that the 2008 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 7-0

BY-LAWS

By-law No. 1609/03/2009 being a By-law to repeal and replace Aggregate Mining and Transportation By-law No. 1560/01/2000, Second Reading

Councillor Egert disclosed an interest in this matter and withdrew from the chamber.

Resolution No. 202/2009

Brown/Dalgleish

That the table in Section 5.1(a) of By-law 1609/03/2009 be amended as follows:

Carried 6-0

Resolution No. 203/2009

Hofer/Thoman

Be it resolved that second reading be given to By-law No.  1609/03/2009 as amended.

Carried 6-0

Resolution No. 204/2009

Brown/Thoman

Be it resolved that we do hereby defer the third reading of by-law 1609/03/2009 to the next general meeting of Council to gather public input.

Defeated 3-3

Resolution No. 205/2009

Hofer/Cranford

Be it resolved that third reading be given to By-law No. 1609/03/2009 as amended at second reading.

Carried:  5-1  For:  Atkinson, Hofer, Dalgleish, Cranford, Thoman Opposed:  Brown

Councillor Egert returned to the chamber.

By-law No. 1611/05/2009 being a By-law to establish a Road Reconstruction Reserve

Resolution No.   206/2009

Brown/Dalgleish

Be it resolved that first reading be given to By-law No. 1611/05/2009.

Carried 7-0

Public Reserve Closure By-law No. 1612/06/2009, First Reading

Resolution No.   207/2009

Brown/Cranford

Be it resolved that first reading be given to By-law No.  1612/06/2009.

Carried 7-0

UNFINISHED BUSINESS

Road Reconstruction Budget, Recommendation to reallocate Municipality's share of Building Canada Project Funding

Resolution No.   208/2009

Brown/Dalgleish

Be it resolved that the Council hereby re-appropriates up to $150,000.00 of funds proposed to be drawn from Surplus towards the Municipality's share of Building Canada Projects as follows:

Ward One - $67,464.00

Ward Two - $40,909.00

Ward Three - $22,966.00

Ward Four - $22,608.00

Carried 5-2  For:  Atkinson, Egert, Brown, Hofer, Dalgleish Opposed:  Cranford, Thoman

Disposal Surplus Public Works Truck

Resolution No.   209/2009

Hofer/Dalgleish

Be it resolved that the Council of the Rural Municipality of Cornwallis hereby authorize the committee that purchased the replacement truck to sell the previous 1997 GMC 1500 Sierra SL, Red Public Works truck.

Carried 7-0

GENERAL BUSINESS

Municipal Office Roof Repairs

Resolution No.   210/2009

Hofer/Dalgleish

Be it resolved that the R.M. of Cornwallis invite proposals to replace the roof on the Municipality's administrative office.

Carried 7-0

Councillor Egert declared an interest in this matter and vacated the chamber.

Resolution No.  211/2009

Thoman/Hofer

Be it resolved that in consideration of correspondence from Jack Elves and Robert Elves dated July 15, 2009 that they obtain access to their land located at South ½ of Section 11-10-18 W in the City of Brandon by means of certain road allowances, that Council hereby resolves to object to a proposal for a quarry lease by Manitoba Mines Branch at the following locations unless alternate access arrangements can be made that are satisfactory with The RM of Cornwallis and with Mr. Elves.

Carried 6-0

Councillor Egert returned to the chamber.

INQUIRIES

Councillor Hofer inquired as to not receiving overview reports from the public works supervisor.  Administration will have Public Works Supervisor Pete Vanlankvelt attend the next regular meeting of Council to provide a report.

Councillor Dalgleish inquired as to the placement of shingles at the Waste Transfer Station in the collection bin and in the burn pit.  Administration is to prepare a clarification as to the acceptance of shingles and report to Council.

NOTICE OF MOTION

None

ADJOURNMENT

Resolution No. 212/2009

Thoman/Hofer

Resolved that this meeting be adjourned.

Carried 7-0

Adjourn time:  8:30 P.M.

Approved: __________________________________________ 2009

                                                                                                                _____________________________________________

  REEVE

                                                                                                                                                                                                                _____________________________________________

                FINANCE OFFICER / ASSISTANT C.A.O.