Minutes

  RURAL MUNICIPALITY OF CORNWALLIS

Minutes of the Regular Meeting of Council held in the Council Chambers of the Municipality on Tuesday, October 20, 2009.

PRESENT:           

Reeve Reg Atkinson

Councillor Emil Egert, Ward One

Deputy Reeve Bob Brown, Ward Two

Councillor Sam Hofer, Ward Three

Councillor Heather Dalgleish, Ward Four

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. 259 /2009

Egert/Thoman

Be it resolved that the minutes of the September 15, 2009 Regular Meeting of Council be approved as circulated and posted.

Carried 7-0

ADOPTION OF THE AGENDA

Resolution No. 260 /2009

Dalgleish/Brown

Be it resolved that the Agenda be adopted as presented.

Carried 7-0

RECEPTION OF PUBLIC HEARINGS AND DELEGATIONS

Board of Revision

At 7:03 pm the Chair adjourned to the Board of Revision.

At 7:20 P.M. the Chair called the regular meeting back to order following the adjournment of the Board of Revision.

Resolution No.  261/2009

Hofer/Dalgleish

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:

a.       Conditional Use Application No. C-09-09-C, Kostiw, Pt. SW ¼ 27-10-18 WPM

b.       Conditional Use Application No. C-10-09-C, Zimmer, Pt. SW ¼ 18-9-19 WPM

c.       Conditional Use Application No. C-11-09-C, Rahnefeld, Pt. NE ¼ 26-9-19 WPM

d.       Conditional Use Application No. C-12-09-C, McGill, Pt. NE ¼ 17-10-19 WPM

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

Mr. Don Kostiw spoke in favour of the conditional use application.

Resolution No. PH16 /2009

Be it resolved that the public hearing to hear representation concerning Conditional Use Application No. C-09-09-C, Pt. SW ¼ 27-10-18 WPM be closed.

Carried 7-0

IN THE MATTER OF THE CONDITIONAL USE APPLICATION NO. C-10-09-C

Kim Zimmer spoke in favour of the conditional use application.

Resolution No.  PH17/2009

Be it resolved that the public hearing to hear representation concerning Conditional Use Application No. C-10-09-C, Pt. SW ¼ 18-9-19 WPM be closed.

Carried 7-0

IN THE MATTER OF THE CONDITIONAL USE APPLICATION NO. C-11-09-C

Carl Rahnefeld spoke in favour of the variation application.

Resolution No.  PH18/2009

Be it resolved that the public hearing to hear representation concerning Conditional Use Application No. C-11-09-C, Pt. NE ¼ 26-9-19 WPM be closed.

Carried 7-0

IN THE MATTER OF THE CONDITIONAL USE APPLICATION NO. C-12-09-C

Scott Norosky spoke in favour of the variation application.

Resolution No.  PH19/2009

Be it resolved that the public hearing to hear representation concerning Conditional Use Application No. C-12-09-C, Pt. NE ¼ 17-10-19 WPM be closed.

Carried 7-0

Council reconvened in Open Session.

PLANNING

Matters from Public Hearings

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

Resolution No. 262/2009

Whereas Donald and Sylvia Kostiw applied for a Conditional Use Order to permit a rural non-farm parcel in the "AG80" Agricultural General Zone at Pt. SW ¼ 27-10-18 WPM, Lots 1 and 3, Plan 2541 BLTO; 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-09-09-C be issued subject to the following conditions:  None.

Carried 7-0

IN THE MATTER OF THE CONDITIONAL USE APPLICATION NO. C-10-09-C

Resolution No. 263/2009

Whereas Kim Zimmer applied for a Conditional Use Order to permit a rural non-farm parcel in the "AG80" Agricultural General Zone at Pt. SW ¼ 18-9-19 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 that Conditional Use Order No. C-10-09-C be issued subject to the following conditions:  None.

Carried 7-0

IN THE MATTER OF THE CONDITIONAL USE APPLICATION NO. C-11-09-C

Resolution No. 264/2009

Whereas Patricia Rahnefeld applied for a Conditional Use Order to permit a rural non-farm parcel in the "AG80" Agricultural General Zone at Pt. NE ¼ 26-9-19 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 that Conditional Use Order No. C-11-09-C be issued subject to the following conditions:  None.

Carried 7-0

IN THE MATTER OF THE CONDITIONAL USE APPLICATION NO. C-12-09-C

Resolution No. 265/2009

Whereas South End Lumber applied for a Conditional Use Order to permit the construction of RTM Homes in the "AG80" Agricultural General Zone at Pt. NE ¼ 17-10-19 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-12-09-C be issued subject to the following conditions:

1.        Applicant receives approval from Manitoba Transportation and Government Services to build RTM dwellings in their 250 foot control area of PTH 1A;

2.        That a maximum of ten (10) dwellings be permitted on site at any one time.

3.        That a dumpster must be provided by the operator on site to contain construction debris.

Carried 7-0

Resolution No. 266/2009

Cranford/Hofer

That resolution 265/2009 be amended to include, 3.  That a privacy fence be located along the frontage of the property.

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

Other Planning Matters

Resolution No. 267/2009

Egert/Cranford

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. SE ¼ 6-10-18 WPM as outlined in correspondence from the Brandon and Area Planning District dated October 13, 2009 is in compliance with Part 5, Section 3(1)(c) of By-law No. 1558/09/99, as amended.

Carried 6-0 Councillor Hofer was absent from the Chamber.

Delegations

Les Lesack, Request for Municipality to build road to access SW 32-10-19 WPM

Resolution No. 268/2009

Be it resolved that the presentation by Les Lesack and related correspondence regarding a request that the Municipality construct a road accessing SW ¼ 32-10-19 WPM be received as presented and deferred to the Order of General Business.

Carried 7-0

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

Ross Mitchell, Proposed Quarry Lease, North of NE 3-10-18 WPM

Resolution No. 269/2009

Thoman/Hofer

Be it resolved that Ross Mitchell's presentation concerning a proposal to mine aggregate from a road allowance located North of Sections 2 and 3, Twp. 10, Rge 18 WPM be hereby received as presented and deferred to the order of general business of the November 17^th regular meeting of Council.

Carried 6-0

Councillor Egert returned to the chamber

Les Lesack, Request for Municipality to build road to access SW 32-10-19 WPM

Resolution No. 270/2009

Brown/Hofer

Whereas Les Lesack has requested the Municipality to extend a road between NW 29-10-19 W and SW 32-10-19 WPM in order to access Lot 13, Plan 37328, Pt. SW 32-10-19 WPM;

Now therefore be it resolved that the Rural Municipality of Cornwallis will build a road for a price of up to $17,000.00.

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

Resolution No. 271/2009

Hofer/Thoman

Whereas Les Lesack has requested the Municipality to extend a road between NW 29-10-19 W and SW 32-10-19 WPM in order to access Lot 13, Plan 37328, Pt. SW 32-10-19 WPM;

Now therefore be it resolved that Mr. Lesack 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 on the basis that all construction costs including interest would be paid by the applicant and collected as property taxes on the involved property over a fixed period of time.

Said agreement to include construction standards and would require the approval of Council.

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

REPORTS OF COMMITTEES

Brandon Annexation Proposal

Resolution No. 272/2009

Egert/Brown

Be it resolved that Brandon's report on negotiations and consultations for the annexation of certain lands from the Rural Municipality of Cornwallis dated September, 2009 be hereby received; and

Be it further resolved that the Municipality send a letter to the Municipal Board objecting to the annexation proposal in its present form and requesting that the Municipal Board convene a public hearing; and

Be it further resolved that the Reeve in consultation with the Municipality's representatives on the annexation negotiating committee be authorized to represent the Municipality at any hearings of the Municipal Board.

Carried 7-0

Finance Committee

Resolution No. 273/2009

Egert/Dalgleish

Be it resolved that the report of the Finance Committee be hereby received as information.

Carried 7-0

RECEPTION OF PETITIONS

None

COMMUNICATIONS

Resolution No.  274/2009

Cranford/Thoman

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

Date                        Item

09 Sep 09                Manitoba Conservation, Seeking information to identify non-permitted manure storage facilities

09 Sep 09                AMM, Cancellation of Greyhound Bus Passenger Service

Undated                 Canadian Postmasters and Assistants Association, Rural Postal Services

14 Sep 09                RCMP, Opportunity to meet at AMM Conference

15 Sep 09                Rolling River School Division, invitation to present views on educational and budget priorities

21 Sep 09                AMM, Member Advisory, Greyhound Bus Passenger Service

29 Sep 09                AMM, News Release, Position on new Provincial Sewage Regulations

23 Sep 09                Manitoba Water Stewardship, Minor Water Control Works Licencing

Undated                   Cypress Planning District, Notice of Hearing, Development Plan By-law

01 Oct 09                Deputy Minister of Intergovernmental Affairs, Meetings with Ministers at AMM Conference

30 Sep 09                Minister of Intergovernmental Affairs, VLT Revenue Distribution

Carried 7-0

ACCOUNTS AND FINANCE

Approval of Accounts

Resolution No.  275/2009

Egert/Thoman

Carried 7-0

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

Resolution No.  276/2009

Egert/Hofer

Carried 6-0

Councillor Brown returned to the chamber.

Authorize Expenditures

Authorize Attendance, Manitoba Conservation Districts Association Conference, December 7 - 9, 2009, Winnipeg, Manitoba

Resolution No.  277/2009

Dalgleish/Thoman

Be it resolved that all council members be hereby authorized to attend at municipal expense in accordance with established policy a December 7 - 9, 2009 Manitoba Conservation Districts Association Conference scheduled for Brandon, Manitoba.

Carried 7-0

Award Proposal, Photocopier Lease

Resolution No. 278/2009

Hofer/Cranford

Be it resolved that the Municipality's administration be authorized to execute a 60 month photocopier lease with Gold Business Machines for a Kyocera KM-C4035E as in accordance within a proposal dated September, 2009, and subject to the removal of the equipment upon termination of the lease at the expense of the lessor.

Carried 7-0

Pandemic Preparedness meeting with Brandon RHA

Resolution No.  279/2009

Hofer/Egert

Be it resolved that David Smith's attendance at municipal expense in accordance with established policy at a October 15, 2009 Brandon RHA Pandemic Preparedness Conference be hereby ratified.

Carried 7-0

Pump Replacement, Grand Valley Loading Station

Resolution No.280/2009

Brown/Dalgleish

Be it resolved that a report from KGS Group dated October 13, 2009 be hereby received; and 

Be it further resolved that payment of an invoice from M&M Drilling Rivers Ltd in the amount of $3,759.60 plus PST to replace the pump at the Grand Valley Loading Station be hereby approved.

Be it further resolved that we request that the City of Brandon cover 35% of costs incurred.

Carried 7-0

Financial Statement Eight Months ended September 30, 2009

Resolution No.  281/2009

Egert/Thoman

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

Carried 7-0

BY-LAWS

By-law No. 1613/07/2009, Building Repair & Replacement Reserve Fund

Resolution No. 282/2009

Egert/Thoman

Be it resolved that Second reading be given to By-law No. 1613/07/2009, being a by-law to establish a reserve for the repair and replacement of municipal buildings.

Carried 7-0

In accordance with Section 137 of The Municipal Act, a recorded vote was taken on the motion to give By-law No. 1613/07/2009 third reading.

Resolution No. 283/2009

Thoman/Egert

Be it resolved that third reading be given to By-law No. 1613/07/2009.

Carried 7-0  For:  Atkinson, Egert, Brown, Hofer, Dalgleish, Cranford, Thoman

By-law No. 1614/08/2009, Tax Discount and Penalty

Resolution No. 284/2009

Cranford/Dalgleish

Be it resolved that first reading be given to By-law No. 1614/08/2009 being a By-law to establish rates of discount for prepayment and penalty for late payment of taxes.

Carried 7-0

Tax Installment Payment Plan By-law No. 1615/09/2009, First Reading Only

Resolution No. 285/2009

Cranford/Thoman

Be it resolved that first reading be given to By-law No. 1615/09/2009 being a By-law to regulate the payment of property taxes on instalment.

Carried 7-0

UNFINISHED BUSINESS

None

GENERAL BUSINESS

Report from Municipal Engineer, Hladky Holdings Ltd Development (Meadows of Chater)

Resolution No. 286/2009

Hofer/Thoman

Be it resolved that correspondence and attachments from Burns Maendel dated October 9, 2009 concerning construction activities at a development by Hladky Holdings Ltd. now referenced as Meadows of Chater be hereby received; and

Be it further resolved that the Council confirms Burns Maendel's authority to represent the Municipality in order to ensure that the development is completed in accordance with the approved design.

Carried 7-0

De Gobeo Subdivision of Pt SW ¼ 30-10-19 WPM

         i.            Approval of Development Agreement

Resolution No. 287/2009

Brown/Dalgleish

Be it resolved that the Municipality's signing officers be hereby authorized to execute an Agreement with Chris and Silke de Gobeo for the development of Pt.  SW ¼ 30-10-19 WPM as generally in accordance with a draft presented to Council this date and with such minor modifications as the Chief Administrative Officer may at his discretion deem necessary.

Carried 7-0

        ii.            Confirmation of Appointment of Municipal Engineer

Resolution No. 288/2009

Egert/Hofer

Be it resolved that Burns Maendel be hereby confirmed as the Municipal Engineer with respect to the review and approval of engineering and oversight of construction for the de Gobeo subdivision at Pt. SW ¼ 30-10-19 WPM.

Carried 7-0

      iii.            Provide direction to Municipal Engineer related to Construction Standards

Resolution No. 289/2009

Brown/Dalgleish

Be it resolved that Burns Maendel be advised that road surfaces within the de Gobeo subdivision be two lifts of chipseal; and

Be it further resolved that construction standards for the development be as in accordance with City of Brandon standards subject to such modifications as in Burns Maendel's discretion may be applicable to a large lot, rural subdivision.

Carried 7-0

INQUIRIES

Councillor Hofer inquired about the addition of an access system being placed on the Municipal wells.

NOTICE OF MOTION

None

ADJOURNMENT

Resolution No. 290/2009

Egert/Hofer

Resolved that this meeting be adjourned.

Carried 7-0

Adjourn time:  9:30 P.M.

Approved: __________________________________________ 2009

                                                                                                                _____________________________________________

  REEVE

                                                                                                                                                                                                                _____________________________________________

                FINANCE OFFICER/ASSISTANT CAO