Swan Valley West Minutes – June 27, 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 27th day of June, 2017 at 7:05 p.m.


Present:
Deputy Reeve; Brian Burick

Councillors; Carrie Blosha, Glen Foster, David Minish, Terry Neely

CAO; Carolyn Gordon

Absent with Prior Written Notice:

Councillor; Irwin Steen

Delegations;
B. Martin re: Tax Impact. 2018 Assessment Changes
D & R Machan re: Subdivisions / Zoning Issues

Additions to the Agenda: (all items will require a resolution)

5.17 Request for Brushing on Undeveloped Road Allowance
5.18 S.V. Chamber of Commerce – Request for Funding (Canada 150 Mural)
5.19 Receive Amended 2015 Audit and federal Gas Tax Report
6.2 Additional Payroll Cheque No. 1463 in amount of $750.59 for a new Grand Total of $278,622.15
6.3 RBC Donations – Approve Paying Forward to Recipients
7.2 Add Landfill Committee Recommendations (New Policy/Scrap Metal/Attendant Job Description / Request for Disposal
9.4 Follow-Up on Durban Landfill Site Report

1. CARRIE BLOSHA
TERRY NEELY
RESOLVED that written notice of absence has been received from Councillor, Irwin Steen regarding his inability to attend the Regular Meeting of Council held on this 27th day of June, 2017, and the same shall be accepted by members of Council for Municipality of Swan Valley West.
Carried:

2. GLEN FOSTER
DAVID MINISH
RESOLVED that the Agenda for the Regular Meeting of Council held this 27th day of June, 2017 shall be adopted as amended.
Carried:

3. CARRIE BLOSHA
TERRY NEELY
RESOLVED that the Tax Impact Presentation regarding the 2018 Assessment Roll shall be received by the members of council for the Municipality of Swan Valley West.
Carried:

4. GLEN FOSTER
CARRIE BLOSHA
RESOLVED that we do hereby adjourn the Regular Meeting of Council at 7:36 pm to open the Public Hearing regarding the Conditional Use Application concerning the property known as part of the SW ¼ 15-37-27W and;
BE IT FURTHER RESOLVED that we shall reconvene the Regular Meeting of Council immediately following the adjournment of said Public Hearing.
Carried:

5. TERRY NEELY
DAVID MINISH
RESOLVED that the Council for the Municipality of Swan Valley West shall hereby call to order the Public Hearing regarding the Conditional Use Application on the property known as part of the SW ¼ Section 15-37-27WPM this 27th day of June, 2017 at 7:36 p.m.
Carried:

6. CARRIE BLOSHA
GLEN FOSTER
RESOLVED that this Public Hearing shall now adjourn at 7:47 p.m.
Carried:

7. GLEN FOSTER
TERRY NEELY
RESOLVED that the Council for the Municipality of Swan Valley West shall hereby call to order the Public Hearing regarding the Variation Application on the property known as Lot 3, Plan 27149 this 27th day of June, 2017 at 7:48 p.m.
Carried:

8. CARRIE BLOSHA
TERRY NEELY
RESOLVED that this Public Hearing shall now adjourn at 7:52 p.m.
Carried:

9. DAVID MINISH
GLEN FOSTER
RESOLVED that the Regular Meeting of the Swan Valley West Council shall hereby reconvene.
Carried:

10. GLEN FOSTER
CARRIE BLOSHA
RESOLVED that the Minutes for the Regular Meeting of the Council for the Municipality of Swan Valley West held on June 14th, 2017 and the Special Meeting of Council held on June 19th, 2017 shall be adopted as circulated.
Carried:

11. DAVID MINISH
TERRY NEELY
RESOLVED that the Rural PW Report for the period ending June 22nd, 2017 submitted by the Rural Public Works Foreman to the Transportation Committee on June 23rd, 2017 shall be received by the Council for the Municipality of Swan Valley West.
Carried:

12. DAVID MINISH
GLEN FOSTER
RESOLVED that ads shall be placed in the Star and Times inviting quotes on the Capital Projects planned for the completion in 2017 under the guidance of the members of the Transportation Committee.
Carried:

13. CARRIE BLOSHA
TERRY NEELY
RESOLVED that the Board of Revision for the 2018 Assessment Roll shall be set for Tuesday, November 14th, 2017 at 7:00 p.m. in the Council Chambers of the Municipality of Swan Valley West, 216 Main Street west, Swan River MB. And;
BE IT FURTHER RESOLVED that the Members of Council shall sit as a Board for the purpose of hearing applications for revision of 2018 assessments under Subsection 42(1) of the Municipal Assessment Act, with the Reeve to sit as the Chairman of the Board and the Chief Administrative Officer to sit as the Secretary of the Board. Carried:

14. DAVID MINISH
GLEN FOSTER
RESOLVED that a Public Hearing shall be held on July 11th, 2017 at 8:00 pm for the purpose of receiving presentations from those who may be interested with regard to the Request for a Variation to the front yard set-back distance to construct a Pole Shed on the property known as Part of the SW ¼ Section 4-36-27WPM and;
BE IT FURTHER RESOLVED that all necessary advertising, mailing and posting of the notice for said hearing shall be made in accordance with The Planning Act.
Carried:

15. CARRIE BLOSHA
GLEN FOSTER
RESOLVED that a Public Hearing shall be held on July 11th, 2017 at 8:15 pm for the purpose of receiving presentations from those who may be interested with regard to the Request for a Conditional Use Order regarding the establishment of a modular home on the property known as Lots 7&8, Plan 1759 in Benito and;
BE IT FURTHER RESOLVED that all necessary advertising, mailing and posting of the notice for said hearing shall be made in accordance with The Planning Act.
Carried:

16. TERRY NEELY
CARRIE BLOSHA
WHEREAS the owners of PT. NE ¼ Sec. 31-37-27W have made application to subdivide their property, and;
WHEREAS the Council for the Municipality of Swan Valley West has reviewed said application, along with the letter received from Indigenous and Municipal Relations dated June 22nd, 2017 and have no objections to the aforementioned subdivision;
THEREFORE IT BE RESOLVED we do hereby approve the subdivision of the aforementioned property, provided all conditions and requirements are met as included with the above noted letter. Carried:

17. DAVID MINISH
GLEN FOSTER
WHEREAS the Municipality of Swan Valley West has received an application for a Conditional Use Permit on the property known as Part of the SW ¼ Section 15-37-27W, specifically to allow for the construction of a Seed Treating System in an AG-Agriculture General Zone, and;
WHEREAS notice of the Public Hearing was posted and delivered to adjacent landowners in accordance with Part 6 of the Planning Act and the municipality has not received any objections with respect to said Conditional Use Application;
THEREFORE BE IT RESOLVED that Council of the Municipality of Swan Valley West does hereby approve the aforementioned conditional use request as per the Application dated June 7th, 2017, shall issue Conditional Use Order No. 2017-04 and;
BE IT FURTHER RESOLVED that the Deputy Reeve and CAO shall be authorized to sign said Order on behalf of the Municipality.
Carried:

18. DAVID MINISH
CARRIE BLOSHA
WHEREAS the Council for the Municipality of Swan Valley West has received an application for a Zoning Variance on the property known as the Lot 3, Plan 27149 specifically to vary the minimum required rear yard setback distance for an accessory use building in an RR2 Zone as per Table 4.4 of Zoning By-Law #2383-04, from Twenty-Five (25) feet to Six (6) 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 the municipality has not received any objections with respect to said variance;
THEREFORE BE IT RESOLVED that Council of the Municipality of Swan Valley West does hereby approve the aforementioned variance as per the Application dated June 8th, 2017, and shall issue Variation Order No. 2017-02 and;
BE IT FUTHER RESOLVED that the Deputy Reeve and CAO shall be authorized to sign said Order on behalf of the Municipality.
Carried:

19. CARRIE BLOSHA
TERRY NEELY
WHEREAS the area directly South of the Town of Swan River boundary, along the East Side of PTH #83 is currently divided into acreages and being developed as a Residential Area, with 5 parcels in this area already zoned as RR2 and;
WHEREAS requests have been received to further subdivide some of the larger parcels in this area to allow for further development as a Rural Residential Area, with the intent to provide access to the new parcels from Oak Avenue;
THEREFORE BE IT RESOLVED that members of Council for the Municipality of Swan Valley West do hereby agree to proceed with an application to the Swan Valley Planning District to Re-Designate this area as RR – Rural in the Swan Valley Planning District Development Plan and;
BE IT FURTHER RESOLVED that we do hereby agree to Re-Zone this area as RR2 – Residential Rural Zone in the RM of Swan River Zoning By-Law No.2383-04 and shall work with the SVPD to hold the Public Hearings for said changes in the SVPD Development Plan and the RM or Swan River Zoning By-Law to allow for economical advertising and convenience for the public persons to attend both hearings on the same evening, in the same location.
Carried:

20. DAVID MINISH
GLEN FOSTER
WHEREAS a clerical error has recently been identified in the listing of exempt properties included in By-Law No. 07/14 of the former Village of Benito with Roll No.24600 being entered twice in error, and roll No. 24100 (now Roll No. 324100.000) being omitted and;
WHEREAS the property under Roll No. 324100.000 id not connected to the utility system and therefore should not have been included in the properties being taxed for borrowing authorized under said by-law for the repayment of costs associated with the repair of a portion of sewer-line in Benito;
THEREFORE BE IT RESOLVED that we do hereby authorize the correction of the list of exempt properties included in By-Law No. 07/14 to include Roll No. 324100.000, thereby ensuring that no further debenture levies for said sewer-line repair are charged to the property in the future and;
BE IT FURTHER RESOLVED that we shall approve the associated correction to the Tax Account for said property, reversing the amount of the aforesaid debenture levy for the 2016 and 2017 Taxation Years in the amount of $91.75 along with any interest that may have been accrued on the 2016 levy.
Carried:

21. TERRY NEELY
CARRIE BLOSHA
RESOLVED that we do hereby receive the Audited Financial Statement for the Swan Valley District Recreation Commission.
Carried:

22. GLEN FOSTER
CARRIE BLOSHA
RESOLVED that the Council for the Municipality of Swan Valley West does hereby approve the revised Job Description for the Rural Public Works Foreman as prepared, reviewed and forwarded by the Transportation Committee.
Carried:

**Council Member Terry Neely withdrew from the meeting at 8:58 p.m. **

**With reference to the June 27th, 2017 Agenda, Item #5.9, Resolution #23 regarding 2017 Gravel Crushing. Terry Neely, member of council for the Municipality of Swan Valley West, disclosed a personal interest in the matter before council.**

23. GLEN FOSTER
DAVID MINISH
RESOLVED that the Council for the Municipality of Swan Valley West does hereby approve the revised amendments to the 2017 Gravel Crushing Schedule as prepared, reviewed and forwarded by the Transportation Committee.
Carried:

**Council Member Terry Neely returned to the meeting at 9:01 p.m.**

24. TERRY NEELY
CARRIE BLOSHA
RESOLVED that we do hereby receive the letter of resignation received from Excavator Operator, Dale Thibault with regrets and shall approve the immediate advertising of the position in order to fill the vacancy as quickly as reasonably in order to provide maintenance of municipal infrastructure as required.
Carried:

25. DAVID MINISH
TERRY NEELY
RESOLVED that the job description for the position of Relief Grader Operator shall be approved by Council as amended.
Carried:

26. CARRIE BLOSHA
DAVID MINISH
RESOLVED that the Council for the Municipality of Swan Valley West does hereby receive the Benito Fire Department Response Report for the Month of May, 2017.
Carried:

27. GLEN FOSTER
CARRIE BLOSHA
WHEREAS the Benito LUD Committee has submitted a recommendation dated June 22nd, 2017 regarding a grant for their community’s annual Canada Day Fireworks;
THEREFORE BE IT RESOLVED that the Council for the Municipality of Swan Valley West does hereby approve a grant in the amount of $200.00 to the Benito and District Recreation Centre Inc. as provided for in the 2017 LUD Service Plan.
Carried:

28. GLEN FOSTER
DAVID MINISH
WHEREAS the Benito LUD Committee has submitted a recommendation dated June 22nd, 2017 regarding the purchase of trees and flowers for beautification and rehabilitation of the Urban Area;
THEREFORE BE IT RESOLVED that the Council for the Municipality of Swan Valley West does hereby approve payment of an invoice from Lynn’s Plants & Things in the amount of $2,440.66 as provided for in the 2017 LUD Service Plan.
Carried:

**Council Member Carrie Blosha withdrew from the meeting at 9:22 p.m.**

**With reference to June 27th, 2017, agenda item #5.13.3, motion number 29 regarding Wage Increase Green Team Position #2 Urban, Carrie Blosha a member of council, disclosed a personal interest in the matter before council.**

29. GLEN FOSTER
TERRY NEELY
WHEREAS the Benito LUD Committee has submitted a recommendation dated June 22nd, 2017 regarding the wage paid to the Hometown Green Team Summer Labourers;
THEREFORE BE IT RESOLVED that the Council for the Municipality of Swan Valley West does hereby approve payment of the Urban Green Team Labourers as per their recommendation.
Carried:

**Council Member Carrie Blosha returned to the meeting at 9:25 p.m.**

30. GLEN FOSTER
DAVID MINISH
WHEREAS the deadline for filing the Municipality’s 2016 Audited Financial Statement and Federal Gas Tax Report is June 30th, 2017 and;
WHEREAS it became necessary to re-issue the call for proposals regarding the 2016-2018 Audit Services.
THEREFORE BE IT RESOLVED that the Council for the Municipality of the Swan Valley West does hereby authorize the CAO to submit a written request to the Minister of Indigenous and Municipal Relations for an extension to the aforementioned deadline to December 31st, 2017.
Carried:

31. GLEN FOSTER
CARRIE BLOSHA
RESOLVED that the Council for the Municipality of Swan Valley West does hereby agree to purchase advertising in the amount of $69 on CJ104 to acknowledge the 2017 Graduates.
Councillor Minish called for a recorded vote:
BLOSHA YES
NEELY NO
MINISH NO
FOSTER YES
BURICK YES
Carried:

32. TERRY NEELY
CARRIE BLOSHA
RESOLVED that By-Law No. 0068-17, being a by-law of the Municipality of Swan Valley West to open a municipal road, shall be introduced and read a first time this 27th day of the June, 2017.
Carried:

33. GLEN FOSTER
DAVID MINISH
RESOLVED that the Council for the Municipality of Swan Valley West does hereby agree to authorize the CAO to prepare the necessary documents for the purchase of lands for that portion of Rd#163W as shown on the survey received from Balchen and Kulchycki Surveyors and under the terms and conditions outlined in the Landowner Agreement and Liability Release Form approved by Council Resolution No. 4 dated December 13th, 2016.
Carried:

34. CARRIE BLOSHA
TERRY NEELY
WHEREAS the Municipality has received a request to remove trees from the undeveloped road allowance along the South ½ of Section 14-35-27WPM and the North ½ of Section 11-35-27WPM and;
WHEREAS the Transportation Committee have reviewed said request and agree that this work will benefit the landowners and will not result in a cost to the municipality;
THEREFORE BE IT RESOLVED that the Council for Municipality of Swan Valley West does hereby agree to authorize the applicant to proceed with obtaining an agreement in writing from the landowners of both parcels of land noted above and, once agreed in writing by both parties, shall be approved to coordinate and undertake the remove of said trees as per his request dated June 16th, 2017 provided there is no cost or liability charged to the Municipality of Swan Valley West.
Carried:

35. DAVID MINISH
GLEN FOSTER
RESOLVED that the Council for the Municipality of Swan Valley West does hereby agree to provide a ‘Canada 150 Grant’ to the Swan Valley Chamber of Commerce, joining with the Communities in Bloom Committee and Swan Valley RISE in Support for the Canada 150 Mural being created by local artist Heidi Taylor and approved for display on the west side of the Swan River Curling rink.
Carried:

36. TERRY NEELY
CARRIE BLOSHA
RESOLVED that the Amended 2015 Audited Financial Statement, along with the amended Federal Gas Tax Report for the Municipality of Swan Valley West shall be received by the members of council, and;
BE IT FURTHER RESOLVED that a notice shall now be posted at the Municipal Office in Swan River and the Satellite Office in Benito, as well as in the local newspaper, to notify the public that the aforementioned audit is now available for review.
Carried:

37. CARRIE BLOSHA
TERRY NEELY
RESOLVED that the Council for the Municipality of Swan Valley West does hereby receive the Bank Reconciliation for the period ending May 31st, 2017 and the Financial Statement for the period ending June 27th, 2017 as presented.
Carried:

38. DAVID MINISH
GLEN FOSTER
RESOLVED that the Council for the Municipality of Swan Valley West does hereby approve the following payments:
General Cheques #13482 to #13519 in the amount of $253,847.44
Payroll Cheques #1442 to #1462 in the amount of $24,024.12
Payroll Cheque #1463 in the amount of $750.59
For a Grand Total of $278,622.15
Carried:

39. GLEN FOSTER
DAVID MINISH
WHEREAS RBC Royal Bank is providing donations to local organizations as follows;
$2000 to Swan Valley Highschool Rodeo
$2000 to Swan River Golf & Country Club
THEREFORE BE IT RESOLVED that we do hereby agree to accept said donations and shall make payment to the appropriate organizations as received.
Carried:

40. CARRIE BLOSHA
DAVID MINISH
WHEREAS the Landfill Committee has amended the revised Landfill Management policy No.MW3 to allow those with existing ‘Out of Province’ permits to continue to dispose of household Waste at the Benito Landfill Site, and;
WHEREAS we do hereby agree to said amendment;
THEREFORE BE IT RESOLVED that the members of Council for the Municipality of Swan Valley West do hereby adopt the aforesaid revised policy as amended.
Carried:

41. GLEN FOSTER
CARRIE BLOSHA
WHEREAS the Landfill Committee has reviewed the current status of the Benito Landfill Site, acknowledging the shortage of available space, and;
WHEREAS the Landfill Committee has forwarded a recommendation to provide notice that the municipality cannot accept demolition waste from outside the municipality at this time due to the limited space available;
THEREFORE BE IT RESOLVED that the members of Council for the Municipality of Swan Valley West do hereby agree with said recommendation and shall send written notice in response to said request as recommended.
Carried:

42. TERRY NEELY
CARRIE BLOSHA
WHEREAS there has been a change in the Landfill Management Policy and;
WHEREAS the Landfill Committee has recommended that the Scrap Metal should be handled in the same way at both the Durban and Benito Landfill Sites;
THEREFORE BE IT RESOLVED that the members of Council for the Municipality of Swan Valley West do hereby agree with the said recommendation and shall send written notice in respect to the current agreement for handling Scrap Metal at the Benito Landfill Site, thereby cancelling the existing agreement with 90 days written notice and shall publicly advertise for quotes on said scrap metal at a later date.
Carried:

43. CARRIE BLOSHA
GLEN FOSTER
RESOLVED that Item No. 9.4 regarding the Durban Landfill incident shall be tabled until July 11th, 2017.
Councillor Minish requested a recorded Vote
Neely NO
Minish NO
Blosha YES
Foster YES
Burick YES
Carried:

44. GLEN FOSTER
CARRIE BLOSHA
RESOLVED that the Council for the Municipality of Swan Valley West does hereby acknowledge that the recommendation to hire Kristen Bender for the Hometown Green Team Position #3 was received from the Benito LUD Committee.
Carried:

45. GLEN FOSTER
TERRY NEELY
RESOLVED that we do hereby accept the following verbal reports regarding Council Committees and Communications;
I. Steen - Unsightly Property Complaint
C. Blosha – LUD Committee Request/Landfill Committee Mtg. Concern for Line of Sight at Intersection of PTH#83 & Government RD Allowance
B. Burick - Transportation Committee Meeting’s June 16th, 23rd
Watershed Meeting SLWCD June 22nd
D. Minish - Prairie Mountain Health Stake Holders Mtg.
Rec Mtg. (from province report on services in the valley)
Transportation Mtg.
Landfill Mtg.
Met with landowner at NE ¼ 35-35-27W
T. Neely - Meeting with landowner at NE ¼ 35-35-27W
G. Foster - Transportation Meeting, Landfill Mtg.
Mike Kalinowski R.M. Livingston levies for hauling gravel 3yrs
Carried:

46. DAVID MINISH
CARRIE BLOSHA
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 continue discussions regarding employee matters.
Carried:

47. TERRY NEELY
GLEN FOSTER
RESOLVED that pursuant to Section 152(4) of the Municipal Act, this meeting shall be re-opened to the public at 11:12 p.m.
Carried:

48. GLEN FOSTER
CARRIE BLOSHA
RESOLVED that this meeting shall adjourn at 11:13 p.m.
Carried:

Note: Received for Publishing August 31, 2017.
Published with prior date to preserve historical timeline.