Swan Valley West Minutes – November 29, 2016

Regular Meeting of the Council of the Municipality of Swan Valley West, held in the Council Chambers at 216 Main Street West, Swan River, Manitoba this 29th day of November, 2016 at 7:12 p.m.


Present:
Reeve; Verne Scouten
Councillors; Carrie Blosha, Brian Burick, Glen Foster, David Minish
Terry Neely, Stan Potten
CAO; Carolyn Gordon

Delegations;
7:00 pm Public Hearing re: Conditional Use Application – PT. SW ¼ 33-36-27W
7:15 pm Public Hearing re: Conditional Use Application – PT. SW ¼ 6-37-28W
8:00 pm Re-Convene Board of Revision re: 2017 Assessment Roll

Additions to the Agenda:
5.15 Employee Request re: Unused Banked Time (resolution)
5.16 Bereavement – Donation in Lieu of Flowers (resolution)
9.3 Contract Agreement – Further to July 18th, 2016 Council Decision (resolution)

1. STAN POTTEN
CARRIE BLOSHA
RESOLVED that the Agenda for the Regular Meeting of Council for the Municipality of Swan Valley West held this 29th, day of November, 2016 shall be adopted as amended.
Carried:

2. TERRY NEELY
DAVID MINISH
RESOLVED that the Minutes for the Regular Meetings of the Council for the Municipality of Swan Valley West held on November 8th, 2016 and the Public Hearing held on November 8th, 2016 shall be adopted as circulated.
Carried:

3. GLEN FOSTER
STAN POTTEN
WHEREAS an application was submitted to the Municipality for a Conditional Use Permit on the Part of the SW ¼ of Section 33-36-27wpm to provide for the operation of a heavy duty repair business in an ‘AG’ Agricultural General Zone, under the Rural Municipality of Swan River Zoning By-Law #2383-04, and;
WHEREAS such business is classified as a ‘Conditional Use’ on Table 4-1 of the above noted By-Law and notice of the Public Hearing was posted and delivered to adjacent landowners as required under The Planning Act, and;
WHEREAS no objections have been received;
NOW THEREFORE BE IT RESOLVED that Council for the Municipality of Swan Valley West does hereby approve said application, subject to any conditions that may be set out in the ‘Conditional Use Approval’ document, a copy of which is attached hereto, and;
BE IT FURTHER RESOLVED that the CAO shall be authorized to sign the aforementioned ‘Conditional Use Approval’ on behalf of the Municipality.
Carried:

4. TERRY NEELY
CARRIE BLOSHA
RESOLVED that we do hereby approve the 2016 Christmas Ad to be published in the Star & Times and on ValleyBiz as per the sample circulated to council.
Carried:

5. GLEN FOSTER
TERRY NEELY
RESOLVED that Agenda Item No. 5.3 regarding drainage applications shall be tabled to the December 13, 2016 Council Meeting to allow for further discussion with the Province.
Carried:

6. STAN POTTEN
TERRY NEELY
WHEREAS the Council for the Municipality of Swan Valley West has deems it important to support and promote economic development in the Swan River Valley;
THEREFORE BE IT RESOLVED that we do hereby agree to commit to a one year membership in Swan Valley RISE for the 2017 Fiscal Year, and;
BE IT FURTHER RESOLVED that the 2017 Levy of $24,530.00 shall be paid in January, 2017.
Carried:

7. DAVID MINISH
TERRY NEELY
RESOLVED that this Regular Meeting of the council for the Municipality of Swan Valley West shall now adjourn at 7:34 p.m. for the Public Hearing regarding the Conditional Use Application on Part of the SW ¼ of Section 6-37-28wpm, and;
BE IT FURTHER RESOLVED that we shall reconvene immediately following the adjournment of said Public Hearing.
Carried:

8. GLEN FOSTER
STAN POTTEN
RESOLVED that the Council for the Municipality of Swan Valley West shall now reconvene their Regular Meeting at 7:41 p.m.
Carried:

9. TERRY NEELY
DAVID MINISH
WHEREAS an application was submitted to the Municipality for a Conditional Use Permit on the Part of the SW ¼ of Section 6-37-28wpm to provide for the operation of a vehicle repair business in an ‘AG’ Agricultural General Zone, under the Rural Municipality of Swan River Zoning By-Law #2383-04, and;
WHEREAS such business is classified as a ‘Conditional Use’ on Table 4-1 of the above noted By-Law and notice of the Public Hearing was posted and delivered to adjacent landowners as required under The Planning Act, and;
WHEREAS no objections have been received;
NOW THEREFORE BE IT RESOLVED that Council for the Municipality of Swan Valley West does hereby approve said application, subject to any conditions that may be set out in the ‘Conditional Use Approval’ document, a copy of which is attached hereto, and;
BE IT FURTHER RESOLVED that the CAO shall be authorized to sign the aforementioned ‘Conditional Use Approval’ on behalf of the Municipality.
Carried:

10. TERRY NEELY
GLEN FOSTER
RESOLVED that agenda item No.55 regarding the 2016 contribution to the Swan Valley Historical Museum shall be tabled until the delegation on December 13th, 2016 at 7:30 p.m.
Carried:

11. STAN POTTEN
DAVID MINISH
WHEREAS the 2017 Canada Summer Games will be held in Winnipeg, Manitoba, and;
WHEREAS the Council for the Municipality of Swan Valley West agrees that it will be a great opportunity to promote the Swan Valley and support the local economy;
THEREFORE BE IT RESOLVED that we do hereby agree to commit to a contribution in the amount of $125 toward a Valley-Wide Ad in the Travel Manitoba Guide along with our three neighboring municipalities and the Swan Valley Chamber of Commerce, and Swan Valley RISE.
Carried:

12. BRIAN BURICK
CARRIE BLOSHA
WHEREAS the engineer from Stantec has recommended approval of Change Order #3 regarding the proposal to pour a base of flowable concrete in order to ensure a firm base for the granular and the completion of the repairs to Site #65-2014;
THEREFORE BE IT RESOLVED that the Council for the Municipality of Swan Valley West does hereby agree to said change order as presented and authorize the CAO to sign said change order on behalf of the municipality.
Carried:

13. STAN POTTEN
CARRIE BLOSHA
WHEREAS the Council for the Municipality of Swan Valley West has reviewed the results of the responses from post office Box holders regarding their preference for the future of the Kenville Post Office;
THEREFORE BE IT RESOLVED that we do hereby agree to submit a letter to Canada Post requesting that they proceed with efforts to retain a Postal Outlet in Kenville similar to what exists today as that is the preference of 91% of the P.O. Box Holders.
Carried:

14. BRIAN BURICK
CARRIE BLOSHA
RESOLVED that the Council for the Municipality of Swan Valley West approves the attendance of the CAO and the Finance Clerk at the 2017 Financial Workshop to be held in Portage la Prairie, MB on January 19th, 2017 and that all applicable expenses shall be approved as outlines in the current municipal policies and by-laws.
Carried:

15. DAVID MINISH
STAN POTTEN
RESOLVED that this Meeting shall now adjourn at 8:00 p.m. for the Board of Revision regarding the 2017 Assessment Roll, to reconvene immediately following the Board of Revision.
Carried:

16. TERRY NEELY
DAVID MINISH
RESOLVED that we do hereby reconvene the Regular Meeting of Council at 8:20 p.m. upon adjournment of the Board of Revision.
Carried:

17. GLEN FOSTER
STAN POTTEN
RESOLVED that we do hereby approve the application for Municipal Right-of-Way submitted by MTS with regards to the property known as the SW1/4 of Section 27-36-29wpm, plan No. 9136640 for replacement of the existing cable as planned for July, 2017.
Carried:

**Council member Glen Foster withdrew from the meeting at 8:26 p.m.**

**With reference to November 29th, 2016 Agenda, Item # 5.11, Resolution #18 regarding Gravel Tenders for Crushing & Hauling in 2017, Glen Foster a member of council disclosed a personal interest in the matter before council.**

**Council Member Glen Foster returned to the meeting at 8:38 p.m. to discuss Gravel Hauling.**

**Council member Glen Foster withdrew from the meeting at 8:58 p.m. during the reading of the resolution**

18. DAVID MINISH
TERRY NEELY
RESOLVED that the Council for the Municipality of Swan Valley West does hereby agree to advertise the 2017 Gravel Crushing Tender and the 2017 Gravel Hauling Tender as circulated and shall set a deadline of Noon on December 30th, 2016 for the submission of tenders, with the successful contracts to be awarded at the
January 10th, 2017 Regular Meeting of Council.
Carried:

**Council Member Glen Foster returned to the meeting at 9:00 p.m. after the voting on Resolution No.18.**

19. STAN POTTEN
BRIAN BURICK
WHEREAS the Municipality of Swan Valley West wishes to apply for two (2) summer labourers to work primarily in the Urban Area and one (1) summer labourer to work primarily in the Rural Area;
THEREFORE BE IT RESOLVED that the Council does hereby agree to the submission of an application for a total of three (3) positions under the Green Team Program for the 2017 summer season.
Carried:

20. GLEN FOSTER
DAVID MINISH
WHEREAS the Council for the Municipality of Swan Valley West has reviewed By-Law No.0011-15 regarding the remuneration of Members of Council and feel that more time is required for consideration of proposed changes to said by-law;
THEREFORE BE IT RESOLVED that we do hereby agree to table any changes for further discussion at the second meeting in December, 2016 Regular Meeting of Council.
Carried:

21. DAVID MINISH
STAN POTTEN
RESOLVED that, regarding the Property known as Roll #22400.000, the Council for the Municipality of Swan Valley West does hereby agree to accept the 2017 Assessment on the property and shall set a meeting with the landowner to discuss the survey and purchase of the lands included in the area taken by the existing road situated within the boundaries of the property in question.
Carried:

22. STAN POTTEN
CARRIE BLOSHA
RESOLVED that, the Council for the Municipality of Swan Valley West does hereby approve the request for carry-over of unused banked time dated November 28th, 2016.
Carried:

23. GLEN FOSTER
TERRY NEELY
RESOLVED that, the Council for the Municipality of Swan Valley West does hereby agree to send a donation in the amount of $50.00 to Alzheimer Society of Manitoba in memory of Earl Fullerton in recognition of his past contributions to the Rural Municipality of Swan River.
Carried:

24. BRIAN BURICK
CARRIE BLOSHA
WHEREAS it has been determined that an excess amount of $33,616.94 was withdrawn from the Federal Gas Tax Reserve, resulting in Federal funding of more than 50% of the total project costs for the Potten Drive Paving Project;
THEREFORE BE IT RESOLVED that, the Council does hereby agree to Table the decision regarding repayment of $33,616.94 to the Federal Gas Tax Reserve until year end 2016.
Carried:

25. CARRIE BLOSHA
GLEN FOSTER
RESOLVED that the Council for the Municipality of Swan Valley West does hereby agree to transfer $2200.00, which represents the proceeds from the sale of two properties in the Benito LUD, from the Municipality’s General Chequing Account to the Urban General Reserve for the future use.
Carried:

26. TERRY NEELY
BRIAN BURICK
RESOLVED that the Council for the Municipality of Swan Valley West does hereby agree to reserve the duplicated transfer of $4330.67, and shall return said funds to the Urban Machinery Reserve from the General Chequing Account.
Carried:

27. BRIAN BURICK
STAN POTTEN
RESOLVED that the Council for the Municipality of Swan Valley West does hereby receive the Bank Reconciliation for the period ending October 31st, 2016 and the Financial Statement of the period ending November 29th, 2016 as presented.
Carried:

28. STAN POTTEN
GLEN FOSTER
RESOLVED that the Council for the Municipality of Swan Valley West does hereby approved the following payments:
General Cheques #12891 to #12936 in the amount of $98,706.30
General Cheque #12937 in the amount of $22.02
Payroll Cheques #1116 to #1135 in the amount of $28,357.01
Payroll Cheques #1136 to #1148 in the amount of $19,372.61
Grand Total of $146,457.94
Carried:

29. GLEN FOSTER
CARRIE BLOSHA
RESOLVED that we do hereby authorize the Superintendent of Public Works to obtain quotes from at least three sources for the repairs and maintenance required to the Benito Satellite Office as a result of the June, 2016 hail damage in accordance with the report received from the insurance adjusters dated November 16th, 2016.
Carried:

30. STAN POTTEN
BRIAN BURICK
WHEREAS the members of the Council for the Municipality of Swan Valley West have reviewed the following shared / purchased service agreements with the Town of Swan River;
- Landfill
- Fire Protection
- Cemetery & Recreation
AND WHEREAS they approve the terms and conditions set out in the above noted agreements;
THEREFORE BE IT RESOLVED that we do hereby agree to accept the aforementioned agreements as presented and do hereby authorize the Reeve and CAO to sign said agreements on behalf of the municipality, and;
BE IT FURTHER RESOLVED that a date and time shall be set aside for a public signing of the above agreements by representative from both municipalities as can be mutually agreed.
**Councillor Minish called for a recorded vote**
Scouten YES
Burick YES
Foster YES
Potten YES
Minish YES
Blosha YES
Neely YES
Carried:

31. BRIAN BURICK
CARRIE BLOSHA
WHEREAS the members of the Council for the Municipality of Swan Valley West Have reviewed the proposed budget for the Northwest Regional Library for the 2017 Fiscal Year;
THEREFORE BE IT RESOLVED that we do hereby agree to approve the aforementioned budget and shall provide written notice of said approval to the Northwest Regional Library Board.
Carried:

32. TERRY NEELY
STAN POTTEN
WHEREAS the Council provided authorization to the Superintendent of Public Works and the CAO to proceed with the search for one or more certified utility operators to fill in as required to ensure compliance with Provincial Regulations regarding the operation of the Benito Utility, and;
WHEREAS a suitable operator was contacted and expressed an interest in providing contract services to the municipality and agreed to make himself available when required;
THEREFORE BE IT RESOLVED that we do hereby approve the appointment of Stanley Giles as an independent contractor and shall provide payment of said services as outlined in the Terms and Conditions of the agreement dated this 29th day of November, 2016 and;
BE IT FURTHER RESOLVED that the Reeve and CAO shall be authorized to sign said agreement on behalf of the municipality.
Carried:

33. CARRIE BLOSHA
BRIAN BURICK
RESOLVED that, we do hereby accept the following verbal reports regarding Council Committees and Communications;
C. Blosha; AGM – Benito Rec. Centre
D. Minish; AMM Convention – Ministerial Meetings
B. Burick; AMM Convention – Ministerial Meetings and Sessions, New Manager for Swan Lake Watershed C.D.
T. Neely; Minitonas – Bowsman Shared Services
G. Foster; SLWCD Sub-District Meetings
V. Scouten; AMM Convention – Fire Workshop – Ministerial Meetings
Carried:

34: TERRY NEELY
DAVID MINISH
RESOLVED that, in accordance with Clause 8.5 of By-Law No. 0002-15, the Council shall the curfew by up to one-half hour in order to complete discussions regarding In- Camera Discussions and the decision on legal matters.
Carried:

35: STAN POTTEN
TERRY NEELY
RESOLVED that pursuant to Section 152(3) of the Municipal Act, the Council as a whole shall go into camera and close the meeting to receive reports on employment related matters and legal matters.
Carried:

36: STAN POTTEN
TERRY NEELY
RESOLVED that pursuant to Section 152 (4) of the Municipal Act, this meeting shall be re-opened to the public.
Carried:

37: STAN POTTEN
DAVID MINISH
RESOLVED that the Council for the Municipality of Swan Valley West does hereby agree to take the necessary steps to proceed with legal action in an effort to protect the municipal staff.
Potten YES
Minish YES
Foster NO
Blosha NO
Scouten YES
Burick NO
Neely YES
Carried:

38: CARRIE BLOSHA
BRIAN BURICK
RESOLVED that this meeting shall now adjourn at 12:20 a.m.
Carried: