Minutes

  RURAL MUNICIPALITY OF CORNWALLIS

Minutes of the Regular Meeting of Council held in the Council Chambers of the Municipality on Tuesday, August 18, 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

ABSENT:            With Council Approval.

Councillor Mike Cranford, Ward Five                   

Councillor Valerie Thoman, Ward Six

ADMINISTRATION PRESENT:

CAO, R. L. (Bob) Wallis

Finance Officer/CAO Assistant, Donna Anderson

CALL TO ORDER - Reeve Atkinson

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

CONFIRMATION OF MINUTES

Resolution No. 213/2009

Hofer/Egert

Be it resolved that the minutes of the July 21, 2009 Regular Meeting of Council be approved as circulated and posted.

Carried 5-0

Resolution No. 214/2009

Brown/Dalgleish

Be it resolved that the minutes of the July 24, 2009 Meeting of the Environmental Health Services Committee be approved as circulated.

Carried 5-0

Resolution No. 215/2009

Dalgleish/Brown

Be it resolved that the minutes of the August 6, 2009 Meeting of the Environmental Health Services Committee be approved as circulated.

Carried 5-0

ADOPTION OF THE AGENDA

Resolution No.  216/2009

Egert/Brown

Be it resolved that the Agenda be adopted as presented.

Carried 5-0

RECEPTION OF PUBLIC HEARINGS AND DELEGATIONS

Resolution No.  217/2009

Brown/Dalgleish

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

Carried 5-0

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

PUBLIC HEARING

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

7:05 P.M.                Conditional Use Application No. C-08-09-C, Jacobson              

IN THE MATTER OF THE CONDITIONAL USE ORDER APPLICATION NO. C-08-09-C

Mr. Raymond Burgess spoke in favour of this application.

Resolution No.  PH13/2009

Hofer/Dalgleish

Be it resolved that the public hearing to hear representation concerning Conditional Use Order Application No. C-08-09-C be closed.

Carried 4-0

Council reconvened in Open Session.

PLANNING

Matters from Public Hearings

Conditional Use Application No. C-08-09-C, Jacobson 

Resolution No. 218/2009

Brown/Hofer

Whereas Jack Jacobson has applied for a Conditional Use Order to allow for Sand and Gravel Operations in the AG80 Agricultural General Zone at Pt. NE ¼ 4-10-19 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-08-09-C be issued subject to the following conditions:

1.        The applicant obtains valid pit registration under the authority of the Mines and Minerals Act prior to the commencement of extraction activities.

2.        That the applicant provide a more detailed operational site plan indicating the progressive stages of extraction operations and the buffers to neighboring residences and property lines prior to commencement of gravel extraction operations.

3.         That the land shall be rehabilitated following the completion of the aggregate extraction activities and that such rehabilitation shall be in accordance with Manitoba Quarry Minerals Regulation 65/92.

4.        That gravel extraction is conducted in accordance with the Municipality's Aggregate Mining and Transportation By-law.

Carried 4-0

Councillor Egert returned to the chamber.

Proposal to Subdivide, Pt. NE ¼ 26-9-19 W, Rahnefeld

Resolution No.  219/2009

Egert/Brown

Be it resolved that a proposal to Subdivide Pt. NE ¼ Sec. 26-9-19 WPM, being Application No. 4116-09-442 be hereby approved subject to the following conditions recommended by the Brandon and Area Planning District:

1.        That a Conditional Use Order be obtained to permit the non-farm dwelling.

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

Carried 5-0

Proposal to Subdivide, Pt. SW ¼ 27-10-18W, Kostiw

Resolution No.  220/2009

Hofer/Dalgleish

Be it resolved that a proposal to Subdivide Pt. SW ¼ Sec. 27-10-18 WPM, being Application No. 4116-09-449 be hereby approved subject to the following conditions recommended by the Brandon and Area Planning District:

1.        That a Conditional Use Order be obtained to permit the non-farm dwelling.

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

Carried 5-0

Manitoba Hydro - Prosperity Acres Street Light Approval

Resolution No. 221/2009

Hofer/Brown

Whereas Burns Maendel Consulting Engineers has reviewed the proposed street lighting plan sheet C20 for Prosperity Acres and states in their Letter of Opinion dated August 5, 2009 that:

"In accordance with the Illumination Engineering Society (IES) guidelines for residential areas, it is recommended that the lighting levels should be in the range of 0.4 to 0.6 foot candles of luminance.  The proposed lighting plan will utilize 100 watt HPS lamps mounted on a 45 foot light standard.  With the proposed locations the 100 watt HPS lamps will provide less than 0.2 foot candles of luminance in some areas.  In order to achieve the minimum recommended luminance level of 0.4 foot candles a maximum light standard spacing of 65 meters is required.

We do however recognize the development is in a rural area and anticipate that the residents may prefer a lower level of luminance.  It is our opinion that the proposed spacing of the light standards is acceptable, if a lower level of luminance is preferred."

Now therefore be it resolved that the RM of Cornwallis hereby approves the Prosperity Acres Chater Subdivision Street Lighting Plan Sheet C20 dated and stamped July 31, 2009.

Further be it resolved that the RM of Cornwallis agrees to assume the associated monthly costs.

Carried 5-0

DELEGATIONS

Bruce Porter - True Dimensions Contracting - Seniors Housing, Sprucewoods Community

Resolution No. 222/2009

Egert/Brown

Be it resolved that the presentation by Bruce Porter from True Dimensions Contracting regarding Seniors Housing be hereby received.

Carried 5-0

Pete Van Lankvelt, Public Works Supervisor

Resolution No. 223/2009

Egert/Hofer

Be it resolved that the Public Works Report be received as presented.

Carried 5-0

REPORTS OF COMMITTEES

Environmental Health Services Committee meeting of August 6, 2009

Cornwallis Police Department - Month End Reports - January to July 2009

Resolution No.  224/2009

Brown/Dalgleish

Be it resolved that the Committee Reports be received as presented.

Carried 5-0

RECEPTION OF PETITIONS

None

COMMUNICATIONS

Resolution No.  225/2009

Hofer/Egert

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

Date                       Item

28Jul09                   Donna Lavoie, Alternatives to Pesticides

23Jul09                   Nola Hill, Support Our Forces

28Jul09                   The Highway Traffic Board Permit

31Jul09                   Manitoba Infrastructure & Transportation, Proposes Access

10Aug09                  Manitoba Conservation, Removal of dutch elm disease infected trees

12Aug09                  Manitoba Conservation, Removal of dutch elm disease infected trees

Carried 5-0

ACCOUNTS AND FINANCE

Approval of Accounts

Resolution No.  226/2009

Egert/Brown

Carried 5-0

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

Resolution No. 227/2009

Egert/Dalgleish

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

                                30-Jul                                $216.29

                                13-Aug                                $326.18

                                Total                                $542.47

Carried 4-0

Councillor Brown returned to the Chamber.

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

Resolution No. 228/2009

Hofer/Dalgleish

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

                                18-Aug                                $14,535.40

                                Total                                $14,535.40

Carried 4-0

Councillor Egert returned to the Chamber.

Authorize Expenditures

Authorize attendance, MARR 2009 Fall Meeting, September 11, 2009, Onanole Community Centre, Onanole, MB

Resolution No.229 /2009

Brown/Dalgleish

Be it resolved that two members of Council be hereby authorized to attend at municipal expense in accordance with established policy a September 11, 2009 meeting of MARR at the Onanole Community Centre, in Onanole, MB.

Carried 5-0

Financial Statement Seven Months ended July 31, 2009

Resolution No.  230/2009

Hofer/Brown

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

Carried 5-0

BY-LAWS

By-law No. 1611/05/2009 being a By-law to establish a Road Reconstruction Reserve, Second and Third Reading

Resolution No.   231/2009

Brown/Dalgleish

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

Carried 5-0

In accordance with Section 137 of The Municipal Act, a recorded vote was taken on the motion to give By-law No. 1611/05/2009 third reading.

Resolution No.  232 /2009

Egert/Brown

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

Carried 5-0               

For:  Atkinson, Egert, Brown, Hofer, Dalgleish   Absent with Council Approval:  Thoman, Cranford

UNFINISHED BUSINESS

None

GENERAL BUSINESS

Manitoba Infrastructure & Transportation - Approval to close cattle pass

Resolution No. 233/2009

Brown/Dalgleish

Be it resolved that the RM of Cornwallis hereby approves the request of Manitoba Infrastructure and Transportation to permanently close the cattle pass located in the westbound lanes of PTH #1 - in 32-10-19WPM.

Carried 5-0

2009 Tax Sale, Reserve Bidding

Resolution No.  234 /2009

Egert/Brown

Resolved that Council hereby imposes the following terms and conditions with respect to property sold at the 2009 tax sale:

1.       A reserve bid is set for each property to be sold at the sale for the amount of the 2007 and 2008 tax arrears and costs in respect of each property.

2.       A non-refundable deposit equal to the lesser of $500.00 or the purchase price is required at the time of sale.  The balance of the purchase price, if any, must be paid by 11:30 a.m. the day following the tax sale.

Carried 5-0

Municipal Office Roof Repairs

Resolution No.   235/2009

Egert/Dalgleish

Be it resolved that the administrative building roof replacement proposals be considered at this time.

Defeated 3-2               

For:  Egert, Dalgleish                Opposed:  Atkinson, Brown, Hofer

INQUIRIES

None

NOTICE OF MOTION

None

ADJOURNMENT

Resolution No. 236/2009

Hofer/Egert

Resolved that this meeting be adjourned.

Carried 5-0

Adjourn time:  8:25 P.M.

Approved: __________________________________________ 2009

                                                                                                                _____________________________________________

  REEVE

                                                                                                                                                                                                                _____________________________________________

                FINANCE OFFICER / ASSISTANT C.A.O.