Swan Valley West Minutes – February 13, 2017

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 13th day of February, 2017 at 7:00 p.m.



Present:
Reeve; Verne Scouten

Councillors; Carrie Blosha, Brian Burick, Glen Foster, David Minish,
Terry Neely, Stan Potten

CAO; Carolyn Gordon

Absent with Prior Written Notice:

Delegations;

7:30 pm – Public Hearing re: Variance/Conditional Use Applications, Swan Valley Co-op
8:00 pm – L. Scales & D. Theunissen re: Swan Valley Animal Protection League
8:30 pm – Public Hearing re: Dog Kennel Application

Additions to the Agenda:

8.10 MB Indigenous & Municipal Relations re: Request for meeting

1. STAN POTTEN
CARRIE BLOSHA
RESOLVED that the Agenda for the Regular Meeting of Council held this 13th, day of February, 2017 shall be adopted as amended.
Carried:

2. TERRY NEELY
DAVID MINISH
RESOLVED that the Minutes for the Regular Meeting of the Council for the Municipality of Swan Valley West held on January 24th, 2017 and the Special Meeting of Council held on the January 31st, 2017 shall be adopted as circulated.
Carried:

3. BRIAN BURICK
STAN POTTEN
RESOLVED that the Urban PW Report for the period ending January 31st, 2017 submitted by the Urban Public Works – Assistant Foreman shall be received by the Council for the Municipality of Swan Valley West.
Carried:

4. GLEN FOSTER
TERRY NEELY
RESOLVED that By-Law No. 0060-17, being a by-law of the Municipality of Swan Valley West authorizing the establishment of designated officer positions, shall be read a third time this 13th day of February, 2017, signed by the Reeve, and signed & sealed by the Chief Administrative Officer.
Verne Scouten Yes
David Minish Yes
Stan Potten Yes
Glen Foster Yes
Terry Neely Yes
Brian Burick Yes
Carrie Blosha Yes
Carried:

5. STAN POTTEN
TERRY NEELY
WHEREAS it is necessary to ensure that municipal landfill sites are operated in full compliance with regulations set out by the Province of Manitoba in order to ensure their ability to maintain the licensing required for continued operations of these sites and;
WHEREAS the Council for the Municipality of Swan Valley West has reviewed the contents of the new Municipal Landfill Site Management Policy and agree that they will provide the foundation for responsible management of the municipal landfill sites;
THEREFORE BE IT RESOLVED that we do hereby adopt the aforementioned policy and shall provide notice to the public as well as posting the policy at both sites and in the local municipal offices.
Carried:

6. BRIAN BURICK
DAVID MINISH
WHEREAS By-Law No.05/14 of the former Village of Benito was established for the purpose of recovering costs borne by the municipality for false alarm calls caused by automatic fire detection systems, and;
WHEREAS the Council for the Municipality of Swan Valley West is obligated to uphold the terms of said by-law.
THEREFORE BE IT RESOLVED that, should this invoice remain unpaid as of March 1st, 2017 the amount of said invoice will be added to the taxed for the associated property under the authority of By-Law No.05/14 with written notification to be sent to the resident of the addition to their taxes.
Carried:

7. STAN POTTEN
CARRIE BLOSHA
RESOLVED that the council for the Municipality of Swan Valley West does hereby agree to send 2 persons to the Accessibility Seminar to be held on February 17th, 2017 at the Super 8 in Swan River, and shall pay any associated costs eligible under current municipal policies and by-laws.
Carried:

8. GLEN FOSTER
STAN POTTEN
WHEREAS By-Law # 02/13 (8) of the former Village of Benito states the following with regards to Outstanding Utility Bills;
- “Pursuant to Section 252 (2) of the Municipal Act, the amount of all outstanding charges for water and sewer services, including fines and penalties, are a lien and charge upon the land serviced, and shall be collected in the same manner in which ordinary taxes upon the land are collectible, and with like remedies.”
- “Where charges and penalties pursuant to this by-law are not paid within sixty (60) days from the date when they were incurred, said charges and penalties shall be added to the taxes on the property and collected in the same manner as other taxes.”
THEREFORE BE IT RESOLVED that the attached list of outstanding Utility Bills as of December 31st, 2016 shall be moved to the taxes for the affected properties on February 15th, 2017 provided they remain outstanding at the time.
Carried:

9. GLEN FOSTER
TERRY NEELY
RESOLVED that the Regular Meeting of the Council for the Municipality of Swan Valley West shall adjourn at 7:30 p.m. for the Public Hearing regarding the Variance Application and Conditional Use Application for the NE ¼ of Section 6-36-27WPM and;
BE IT FURTHER RESOLVED that the Regular Meeting of the Council shall reconvene immediately following the adjournment of the aforementioned Public Hearing.
Carried:

10. BRIAN BURICK
CARRIE BLOSHA
WHEREAS the Public Hearing regarding the Conditional Use Application and Variation Application has now adjourned;
THEREFORE BE IT RESOLVED that we do now reconvene the Regular Meeting of Council at 7:44 p.m.
Carried:

11. STAN POTTEN
CARRIE BLOSHA
WHEREAS the Council for Municipality of Swan Valley West believes that hosting the Manitoba High School Rodeo will bring participants and their families into the Swan Valley, thereby resulting in;
- local economic benefits
- promoting the local rodeo grounds and facilities
- experiencing the many wonderful places and experiences our beautiful valley has to offer
- enjoying food, fun and friendships in a wholesome & healthy environment
- spreading a positive message of an enjoyable experience in the Swan Valley, with the hope that they will return to visit or even consider as a future home
THEREFORE BE IT RESOLVED that we do hereby agree to offer a grant of $1000.00 to the Swan Valley High School Rodeo Committee, and look forward to teaming up with the other members of the G-5 as ‘Title Sponsors’ of the 2017 Rodeo Events.
Carried:

12. STAN POTTEN
TERRY NEELY
WHEREAS the management staff have reviewed the applications received for the position of Casual Public Works Labourer and have selected the best candidate for the position;
THEREFORE BE IT RESOLVED that we do hereby accept the recommendation of the Superintendent of Public Works and shall award the position to Mark Prieston. Under the terms and conditions set out in the Job Offer dated February 15th, 2017.
Carried:

13. BRIAN BURICK
GLEN FOSTER
WHEREAS the Council for the Municipality of Swan Valley West has received an application for a Conditional Use Permit on the property known as the NE1/4 Section 6-36-27W, specifically to allow for the construction of an AWSA Chemical Storage Shed, as per Table 4-1 of Zoning By-Law #2383-04, and;
WHEREAS notice of the Public Hearing was posted and delivered to adjacent landowners in accordance with Part 6 of the Planning Act; and
WHEREAS the municipality has not received any objections with respect to said Conditional Use Permit;
NOW THEREFORE BE IT RESOLVED that Council of the Municipality of Swan Valley West does hereby approve the aforementioned variance as per the Application dated January 18th, 2017, and shall issue Conditional Use Permit No.2017-01.
Carried:

14. CARRIE BLOSHA
TERRY NEELY
WHEREAS the Council for the Municipality of Swan Valley West has received an application for Zoning Variance on the property known as the NE ¼ Section 6-36-27W, specifically to vary the minimum required setback distance from a building of human occupancy, as per Section 5.8.1 of Zoning By-Law #2383-04, from Five Hundred (500) feet to One Hundred and Ninety (190) feet; and
WHEREAS notice of the Public Hearing was posted and delivered to adjacent landowners in accordance with Part 6 of the Planning Act; and
WHEREAS the municipality has not received any objections with respect to said variance;
NOW THEREFORE BE IT RESOLVED that Council of the Municipality of Swan Valley West does hereby approve the aforementioned variance as per the Application dated January 18th, 2017 and shall issue Variation Order No.2017-01.
Carried:

15. TERRY NEELY
DAVID MINISH
RESOLVED that the Regular Meeting of the Council for the Municipality of Swan Valley West shall adjourn at 8:30 p.m. for Public Hearing regarding the application for a Kennel License on the property known as the NW ¼ of Section 7-37-27WPM and;
BE IT FURTHER RESOLVED that the Regular Meeting of Council shall reconvene immediately following the adjournment of the aforementioned Public Hearing.
Carried:

16. STAN POTTEN
BRIAN BURICK
WHEREAS the Public Hearing regarding the Dog Kennel License application has now adjourned;
THEREFORE BE IT RESOLVED that we do now reconvene the Regular Meeting of Council at 8:50 p.m.
Carried:

17. TERRY NEELY
DAVID MINISH
WHEREAS By-Law No.2354, Section 15, requires any person who wishes to keep, harbour, or control that number of dogs exceeding the maximum prescribed in Section 8 thereof, regardless of whether for profit or pleasure, shall apply in writing to Council for a kennel permit, and;
WHEREAS application has been received in the prescribed format indicating the number of dogs to be kept on the premises, the intended purpose for keeping the dogs on the premises and the applicant has acknowledged that compliance with all aspects of the Animal Control By-Law as required;
THEREFORE BE IT RESOLVED that the Council for the Municipality of Swan Valley West does hereby agree that, upon receipt of written confirmation from the Animal Control Officer that the facility meets the requirements of the above noted by-law, a Kennel Permit shall be issued as per the application attached hereto.
Carried:

18. TERRY NEELY
DAVID MINISH
WHEREAS the Superintendent of Public Works has found a used truck that meets the desired specification for use as a Public Works Truck for various tasks required throughout the municipality;
THEREFORE BE IT RESOLVED that we do hereby agree to purchase a 2008 Dodge 1 Ton Dually from Grazier Custom Manufacturing Ltd. for a cost of $19,500 plus applicable taxes and shall transfer the total amount from the municipality’s Equipment Reserve.
Carried:

19. GLEN FOSTER
TERRY NEELY
RESOLVED that the Council for the Municipality of Swan Valley West does hereby agree to the attendance of the Emergency Coordinator at the EMO Workshop being held in Dauphin Manitoba on February 28th, 2017 and shall make payment of all applicable costs under the terms and conditions of the current municipal policies and by-laws.
Carried:

20. DAVID MINISH
CARRIE BLOSHA
RESOLVED that the Council for the Municipality of Swan Valley West does hereby agree to renew their agreement for purchase of clay from property known as the NW ¼ of Section 13-37-28WPM as per the terms and conditions of the 2016 and shall authorize the Reeve and CAO to sign said agreements on behalf of the Municipality.
Carried:

21. TERRY NEELY
BRIAN BURICK
WHEREAS Subsection 369(1) of the Municipal Act provides as follows;
369(1) A municipality may cancel or adjourn an action of a particular property at any time before it begins if
(b) the property owner enters into an agreement with the municipality for payment of the arrears and costs
THEREFORE BE IT RESOLVED that, upon request, we do hereby authorized the Chief Administrative Officer to provide such an agreement in the prescribed form as attached hereto property owners in a tax sale position and;
BE IT FURTHER RESOLVED that the Reeve and CAO shall authorized to sign such an agreement on behalf of the municipality.
Carried:

22. DAVID MINISH
TERRY NEELY
WHEREAS the municipal council passed a resolution agreeing to purchase a 2016 Deere 210G LC Excavator on January 10th, 2017 and;
WHEREAS the intent was to pay 50% at the time of purchase and finance 50% for payment in the following year;
THEREFORE BE IT RESOLVED that we do hereby agree to enter into a Fixed Rate Retail Installment Contract with John Deere dated the 14th day of February, 2017 and authorize the Reeve and CAO to sign said contract on behalf of the Municipality of Swan Valley West.
Carried:

23. STAN POTTEN
BRIAN BURICK
RESOLVED that the Council for the Municipality of Swan Valley West does hereby approve the transfers of $168,700.00 from the Equipment Replacement Reserve to the general Chequing Account for the purchase of the 2016 JD Excavator.
Carried:

24. GLEN FOSTER
TERRY NEELY
RESOLVED that the Council for the Municipality of the Swan Valley West does hereby approve the registration of administrative staff for the following Munisoft Seminars;
- Accounts Payable Intro & advanced
- General Ledger Intro & Custom Reports
- New to Munisoft
- Refresher Seminar (to be held in May, 2017)
AND BE IT FURTHER RESOLVED that all associated costs shall be paid by the Municipality of Swan Valley West in accordance with current Municipal Policies and By-Laws.
Carried:

25. STAN POTTEN
TERRY NEELY
RESOLVED that the Council for the Municipality of Swan Valley West shall hereby approve the addition of the ‘Nightly Tax System Integration’ to the existing monthly contract with CGIS for additional cost of $100 per month to ensure that ownership information is updated daily, allowing efficient and expedient use of the system.
Carried:

26. CARRIE BLOSHA
STAN POTTEN
Whereas the Council for the Municipality of Swan Valley West is aware of the importance of Cyber Security and the protection of personal information entrusted to the municipality;
THEREFORE BE IT RESOLVED that the CAO shall be authorized to retain the temporary services of a consultant until such time as we can fully determine the extent of the coverage & services required and a more formal agreement can be entered into for technical and security services, and;
BE IT FURTHER RESOLVED that we do hereby approve the terms and conditions of the Confidentiality and Non-Disclosure Agreement Dated February 3rd, 2017 and do hereby authorize the CAO to sign said agreement on behalf of the municipality.
Carried:

27. BRIAN BURICK
GLEN FOSTER
WHEREAS Cyber Security and the protection of personal information entrusted to the municipality is the responsibility of the municipality and their administrative staff;
THEREFORE BE IT RESOLVED that the CAO and Finance Officer shall be authorized to attend Cyber Security Seminar being hosted by MNP LLP in Brandon, MB. on March 14th, 2017, and;
BE IT FURTHER RESOLVED that all costs associated with the above noted seminar shall be paid by the Municipality of Swan Valley West in accordance with current Municipal Policies and By-Laws.
Carried:

28. GLEN FOSTER
CARRIE BLOSHA
RESOLVED that Roberta Moshenko is hereby appointed to the position of SEO for the Municipality of Swan Valley West.
Carried:

29. STAN POTTEN
DAVID MINISH
RESOLVED that the council for the Municipality of Swan Valley West does hereby accept the recommendation submitted by the Superintendent of Public Works regarding the upcoming Wastewater Treatment Course and Small System Exam offered be Assiniboine Community College in Brandon on March 6-10, 2017 and shall include the costs associated with said course in the 2017 Utility Budget.
Carried:

30. TERRY NEELY
DAVID MINISH
WHEREAS the Council for the Municipality of Swan Valley West acknowledges the importance of keeping management staff up to date on current safety regulations and practices;
THEREFORE BE IT RESOLVED that we do hereby approve the attendance of the Superintendent of Public Works at the MHCA EXPO SOUTH 2017 to be held in Winnipeg, MB. on April 4th & 5th, 2017 and;
BE IT FURTHER RESOLVED that all costs associated with attendance at said event shall be paid by the Municipality in accordance with current Municipal Policies and By- Laws.
Carried:

31. DAVID MINISH
BRIAN BURICK
RESOLVED that the Rural Animal Control Report for the month of January, 2017 shall be received, and that payment for said services shall be approved as submitted.
Carried:

32. BRIAN BURICK
STAN POTTEN
RESOLVED that the 2017 Budget for the Northwest Regional Library, including the actual figures for Yearend 2016, shall be received by the Council for the Municipality of Swan Valley West.
Carried:

33. STAN POTTEN
BRIAN BURICK
RESOLVED that the Council for the Municipality of Swan Valley West does hereby approve the continued operation / maintenance of the Village of Benito Website and the proposed changes to develop the site for the Benito LUD and;
BE IT FURTHER RESOLVED that all costs associated with said website shall be included in the Benito LUD Expenses for the 2017 Fiscal Year.
Carried:

34. GLEN FOSTER
CARRIE BLOSHA
RESOLVED that the Council for the Municipality of Swan Valley West does hereby accept the 2016 Yearend Financial Statements with the following balances;
- Rural Area Surplus of $9212.04
- Urban Area Surplus of $357.99
- At Large Surplus of $17,854.98
For a total of General Fund Surplus of $27,425.01
- Utility Surplus of $17,688.21
AND BE IT FURTHER RESOLVED that the aforementioned Financial Statements shall be submitted to the Public Utilities Board and to the Province of Manitoba in accordance with the Subsection 183(2) of the Municipal Act.
Carried:

35. 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 January 31st, 2017 as presented.
Carried:

36. GLEN FOSTER
TERRY NEELY
RESOLVED that the Council for the Municipality of Swan Valley West does hereby approve the following payments:
General Cheques #13114 to #13135 in the amount of $27,794.87
General Cheques #13136 to #13159 in the amount of $12,496.70
Council Indemnity Cheques #1258 to #1267 in the amount of $10,730.60
For a Grand Total of $51,022.17
Carried:

****Reeve Verne Scouten withdrew from the meeting at 10:27 pm **

** With reference to February 13, 2017, agenda item #6.5, motion number 37 regarding Payment of cheques No.13111 to 13113, Reeve Verne Scouten, disclosed a personal interest in the matter before council**

**Deputy Reeve, Terry Neely assumed the chair.**

37. STAN POTTEN
DAVID MINISH
RESOLVED that the Council for the Municipality of Swan Valley West does hereby approve the following payments:
General Cheques #13111 to #13113 in the amount of $377.82
Carried:

**Reeve Verne Scouten returned to the meeting at 10:29 pm and assumed the chair.**

**Deputy Reeve, Terry Neely left the chair.**

38. TERRY NEELY
BRIAN BURICK
WHEREAS it is important for the municipality to maintain municipal roads in such a way that they are safe as possible for travel and;
WHEREAS it is also important to ensure the safety of local snowmobile trail users;
THEREFORE BE IT RESOLVED that a letter shall be issued to local snowmobile organizations reminding them of the following;
- That safe travel along municipal roads is the municipality’s first priority
- That whenever possible the municipal work with local organizations, being conscious of their need to maintain the local snowmobile trails
- That snowmobile trail groomers must ensure that no snow is carried onto the municipal roads in such a way that it creates a hazard for those traveling along municipal roads
- That proper signage must be placed in such a way that snowmobile operators have ample warning when they are crossing municipal roads.
Carried:

39. GLEN FOSTER
TERRY NEELY
RESOLVED that we do hereby agree to attendance of the Municipal Weed Inspector at the Manitoba Weed Supervisors Association Seminar in Carberry, MB. on Wednesday, March 22nd , 2017 and that all costs for attendance at said seminar shall be paid in accordance with current Municipal Policies and By-Laws and;
BE IT FURTHER RESOLVED that the aforementioned costs shall be shared equally with the RM of Mountain.
Carried:

40. STAN POTTEN
TERRY NEELY
RESOLVED that we do hereby agree to sit for ½ hour past curfew to complete committee Reports & Communications.
Carried:

**Councillor Potten left the meeting at 11:30 pm**

41. TERRY NEELY
DAVID MINISH
WHEREAS Councillor Stan Potten presented his written resignation to the CAO at this evening’s meeting;
THEREFORE BE IT RESOLVED that the members of Council for the Municipality of Swan Valley West do hereby acknowledge receipt of Councillor Potten’s resignation and shall instruct the Senior Election Official to begin the By-Election process as soon as reasonably possible.
Carried:

42. CARRIE BLOSHA
BRIAN BURICK
RESOLVED that we do now adjourn at 11:46 pm.
Carried: