Swan Valley West Minutes – July 11, 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 11th day of July, 2017 at 7:05 p.m.


Present:
Deputy Reeve; Brian Burick
Councillors; Carrie Blosha, Glen Foster, David Minish, Terry Neely
Irwin Steen
CAO; Carolyn Gordon

Delegations;
7:30pm Ron Medwid – Council Concerns

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

5.14 Resignation Morgan Kushniryk
5.15 Fire Fighter increase
6.2 BMP 2015 Audit Approval
In-Camera – Legal Matters

1. CARRIE BLOSHA
IRWIN STEEN
RESOLVED that the Agenda for the Regular Meeting of Council held this 11th day of July, 2017 shall be adopted as amended.
Carried:

2. GLEN FOSTER
TERRY NEELY
RESOLVED that the Minutes for the Regular Meeting of the Council for the Municipality of Swan Valley West held on June 27th, 2017 and the two Public Hearings held on June 27th, 2017 shall be adopted as circulated.
Carried:

3. TERRY NEELY
CARRIE BLOSHA
RESOLVED that the Rural PW Report for the period ending July 6th, 2017 submitted by the Rural Public Works Foreman to the Transportation Committee on July 7th, 2017 shall be received by the Council for the Municipality of Swan Valley West.
Carried:

4. CARRIE BLOSHA
IRWIN STEEN
RESOLVED that the Urban PW Report for the month of June, 2017 shall be received by the Council for the Municipality of Swan Valley West as submitted by the Urban Public Works – Assistant Foreman.
Carried:

5. IRWIN STEEN
CARRIE BLOSHA
RESOLVED that the Council for the Municipality of Swan Valley West does hereby receive the 2015-2016 Audited Financial Statement from the Swan Lake Watershed Conservation District along with the Annual Project Expenditure Report.
Carried:

6. GLEN FOSTER
CARRIE BLOSHA
RESOLVED that the Swan River Fire Department Response Report for the month of June, 2017 shall be received by the Council for the Municipality of Swan Valley West.
Carried:

7. GLEN FOSTER
CARRIE BLOSHA
RESOLVED that the following Animal Control Reports shall be received by the Council for the Municipality of Swan Valley West;
- Rural Animal control Officer’s Report for the month of June, 2017
- Urban Animal Control Officer’s Report for the month of June, 2017
AND BE IT FURTHER RESOLVED that payment for the above services shall be approved as submitted.
Carried:

8. TERRY NEELY
DAVID MINISH
WHEREAS the Transportation Committee has forwarded a recommendation dated July 7th, 2017 to bring back the Spare Mower Operator for coverage as required;
THEREFORE BE IT RESOLVED that the members of Council for the Municipality of Swan Valley West do hereby agree to request that Gilbert Collinson be asked to return to the position of Spare Mower Operator until such time as the regular operator returns to work.
Carried:

9. CARRIE BLOSHA
TERRY NEELY
WHEREAS the Transportation Committee has reviewed the designated areas for response to ratepayer requests and have recommended a change in the boundaries of said areas in a resolution dated July 7th, 2017.
THEREFORE BE IT RESOLVED that the members of Council for the Municipality of Swan Valley West do hereby agree to amend said boundaries as per the recommendation attached hereto.
Carried:

10. CARRIE BLOSHA
GLEN FOSTER
WHEREAS the Transportation Committee has made a recommendation for changes in the management of the Municipal Landfill Sites dated July 7th, 2017 and;
WHEREAS the members of Council for the Municipality of Swan Valley West do hereby agree to the aforesaid amendments as recommended;
THEREFORE BE IT RESOLVED that the following changes shall be approved by Council;
- The Organizational Chart for the Municipality of Swan Valley West
- The Notice Required for a Request for Leave from the Landfill Attendant
- The use of the Benito Public Works Shop phone number for emergency calls at both Municipal Landfill Sites
- New Signage as Required
- Distribution of Landfill Regulations to local contractors
Carried:

11. TERRY NEELY
DAVID MINISH
WHEREAS there have been changes made to the management of the Municipal Landfill Sites in Benito and Durban;
THEREFORE BE IT RESOLVED that the Council for the Municipality of Swan Valley West does hereby adopt the following revised Job Descriptions;
- Urban Public Works – Assistant Foreman
- Municipal Landfill Site Attendant
Carried:

12. CARRIE BLOSHA
IRWIN STEEN
RESOLVED that a Public Hearing shall be held on July 25th, 2017 at 8:00 pm for the purpose of receiving presentations from those who may be interested as related to the Request for a Conditional Use Order regarding the establishment of a Farm Equipment repair and Vehicle Safety Inspection Business on the property known as the SE ¼ of Section 22-38-27wpm 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:

13. TERRY NEELY
GLEN FOSTER
RESOLVED that a meeting of the Landfill Committee shall be held on Friday, July 14, 2017 at 11:00 am and the Transportation Committee at 9:00 am. Carried:

14. DAVID MINISH
GLEN FOSTER
RESOLVED that the Building Inspection Report dated June 30th, 2017 for the Period of January to June, 2017 shall be received by the members of the Council for the Municipality of Swan Valley West and;
BE IT FURTHER RESOLVED that payment for said services shall be approved as submitted.
Carried:

15. IRWIN STEEN
CARRIE BLOSHA
WHEREAS under Section 252(2) of the Municipal Act, the amount of costs set for the services and supplies owing to the municipality can be collected in the same manner as a tax may be collected or enforced under this Act;
THEREFORE BE IT RESOLVED that the attached list of invoices owing to the Municipality of Swan Valley West as of today’s date shall be moved to the tax roll for the appropriate property and a notice shall be sent to all property owners reporting the amount moved to the tax roll and the current outstanding balance as a result of this application of amounts owing to the municipality.
Carried:

16. GLEN FOSTER
TERRY NEELY
RESOLVED that item No. 5.12 regarding Gravel Levies in the RM of Livingston shall be tabled until July 25th, 2017 to allow time for further research and discussion.
Carried:

17. CARRIE BLOSHA
IRWIN STEEN
RESOLVED that this Regular Meeting of Council shall now adjourn at 8:02 p.m. to proceed with the Public Hearing regarding the Variation Application on the property known as Pt. SW ¼ Section 4-36-27WPM and will reconvene immediately following the adjournment of said Public Hearing.
Carried:

18. CARRIE BLOSHA
TERRY NEELY
RESOLVED that this Public Hearing shall now adjourn at 8:08 p.m.
Carried:

19. GLEN FOSTER
DAVID MINISH
RESOLVED that the Regular Meeting of Council for the Municipality of Swan Valley West shall now reconvene at 8:09 p.m.
Carried:

20. IRWIN STEEN
CARRIE BLOSHA
WHEREAS the Council for the Municipality of Swan Valley West has received an application for Zoning Variance on the property known as the Pt. SW ¼ Section 4-36-27WPM, specifically to vary the minimum required front yard setback distance for an accessory use building in an AG Zone as per Table 4.1 of Zoning By-Law #2383-04, from One Hundred and Twenty-Five (125) feet to Forty (40) 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 received no 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 14th, 2017 and shall issue Variation Order No.2017-03 and;
BE IT FURTHER RESOLVED that the Deputy Reeve and CAO shall be authorized to sign said Order on behalf of the Municipality.
Carried:

21. CARRIE BLOSHA
GLEN FOSTER
WHEREAS Invitations for Quotes on Audit Services for the Fiscal Years 2016, 2017 and 2018 were advertised and two responses were received;
THEREFORE BE IT RESOLVED that we do hereby accept the quote from MNP LLP Dated July 7th, 2017 and;
BE IT FURTHER RESOLVED that the Province of Manitoba shall immediately be notified of the appointment of said Audit Firm.
Carried:

22. CARRIE BLOSHA
IRWIN STEEN
RESOLVED that this Regular meeting of Council shall now adjourn at 8:15 p.m. to proceed with the Public Hearing regarding the Conditional Use Application on the property known as Lots 7/8, Plan 1759 in Benito and will reconvene immediately following the adjournment of said Public Hearing.
Carried:

23. CARRIE BLOSHA
DAVID MINISH
RESOLVED that this Public Hearing shall now adjourn at 8:20 p.m.
Carried:

24. IRWIN STEEN
TERRY NEELY
RESOLVED that the Regular Meeting of the Council for the Municipality of Swan Valley West shall now reconvene at 8:21 p.m.
Carried:

25. GLEN FOSTER
TERRY NEELY
WHEREAS the Council for the Municipality of Swan Valley West has received an application for a Conditional Use Permit on the property known as Lots 7/8, Plan 1759 (Benito LUD) specifically to allow for the construction of Modular Home in a Residential 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 15th, 2017, and shall issue Conditional Use Order No.2017-05 and;
BE IT FURTHER RESOLVED that the Deputy Reeve and CAO shall be authorized to sign said Order on behalf of the Municipality.
Carried:

26. IRWIN STEEN
CARRIE BLOSHA
WHEREAS written resignation has been received from Urban Maintenance Labourer, Morgan Kushniryk;
THEREFORE BE IT RESOLVED that we do hereby accept said resignation with regrets and shall advertise for the position immediately with a deadline for applications to be set for July 21st, 2017 at 4:00 pm. and;
BE IT FURTHER RESOLVED that a letter of recommendation shall be provided by Council.
Carried:

27. DAVID MINISH
GLEN FOSTER
WHEREAS the 2017 Budget for the Benito Fire Department allowed for an increase in the payment made to members of the department;
THEREFORE BE IT RESOLVED that we do hereby agree to increase the hourly compensation paid to the Firemen effective January 1st, 2017 as recommended by the Fire Committee during said budget review.
Carried:

**Councillor Member Terry Neely withdrew from the meeting at 9:22 p.m.**

28. CARRIE BLOSHA
DAVID MINISH
RESOLVED that the Council for the Municipality of Swan Valley West does hereby approve the following payments:
General Cheques #13520 to #13530 in the amount of $ 40,309.12
General Cheques #13531 to #13570 in the amount of $ 62,523.51
Payroll Cheques #1464 to #1477 in the amount of $ 19,022.46
Payroll Cheques #1478 to #1502 in the amount of $ 11,933.95
Council Indemnity Cheques #1503 to #1511 in the amount of $ 10,256.60
For a Grand Total of $144,045.64
Carried:

**With reference to July 11th, 2017, agenda item #6.1, motion number 28 regarding Accounts for Approval, Terry Neely, a member of council for the Municipality of Swan Valley West, disclosed a personal interest in the matter before council.**

**Council Member terry Neely returned to the meeting at 8:35 p.m.**

29. DAVID MINISH
CARRIE BLOSHA
WHEREAS the 2015 Municipal audit has been completed and the final correction has been made to the Cumulative totals on the Federal Gas Tax Report;
THEREFORE BE IT RESOLVED that we do hereby accept the amended Gas Tax Report as presented and;
BE IT FURTHER RESOLVED that we do hereby agree to make payment of Invoices No.0-10002800 and No.0-10002814 for a total of $23,458.80.
Carried:

30. TERRY NEELY
IRWIN STEEN
WHEREAS there have been changes made to the management of the Municipal Landfill Sites in Benito and Durban;
THEREFORE BE IT RESOLVED that the Council for the Municipality of the Swan Valley West does hereby adopt the revised Organizational Chart, a copy of which is attached hereto.
Carried:

31. GLEN FOSTER
TERRY NEELY
WHEREAS invitations were made to 4 local contractors for Quotes on repairs to the Benito Office as a result of hail damage;
THEREFORE BE IT RESOLVED that we do hereby agree to accept the quote submitted by Darrell Coutts and shall request said repairs to begin as soon as possible in order to settle the insurance claim.
Carried:

32. CARRIE BLOSHA
GLEN FOSTER
RESOLVED that we do hereby agree to make a donation in the amount of $50.00 to The Benito Recreation Centre in memory of Steve Gazdewich, a past member of Council for the Rural Municipality of Swan River.
Carried:

33. GLEN FOSTER
TERRY NEELY
RESOLVED that we do hereby accept the following verbal reports regarding Council Committees and Communications;
I. Steen – Kenville Beautification (hold funds for future years)
– Explanation on Burnside Bridge Levy
C. Blosha – Canada Day in Benito
B. Burick – Transportation Meetings
– Last time chairing meetings (new Reeve will take over at July 25th meeting)
D. Minish – Canada Day in Benito
– Clarity on letters sent from Council required.
G. Foster – Transportation Meetings
Carried:

34. DAVID MINISH
CARRIE BLOSHA
WHEREAS a MEBP Pension Seminar is being hosted in the City of Dauphin in the fall of 2017 and there are several members of the municipal staff who would benefit from attendance at said seminar;
THEREFORE BE IT RESOLVED that we do hereby agree to pay one day’s regular wages to those members of staff who wish to attend said seminar and would have to take a day off from work in order to attend and;
BE IT FURTHER RESOLVED that any additional costs for travel, meals, time, etc. shall be the responsibility of the employee.
Carried:

35. CARRIE BLOSHA
TERRY NEELY
RESOLVED that Councillors Blosha & Foster shall be appointed to investigate 3 drainage applications received on July 10th, 2017 and shall bring back a recommendation to the Swan Valley West Council as to how the municipality should proceed with regards to said proposed drainage works with respect only to those works proposed on municipal owned land.
Carried:

36. CARRIE BLOSHA
TERRY NEELY
RESOLVED that a letter of apology will be sent to C&B Sterling Enterprises Ltd. regarding the handling of the 2016 Gravel Contract and shall be signed by the members of the Transportation Committee on behalf of the municipality.
Carried:

37. GLEN FOSTER
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 continue discussions regarding employee matters, Conduct / Investigation under Enforcement of Regulations and Legal Matters.
Carried:

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

39. DAVID MINISH
CARRIE BLOSHA
RESOLVED that a Special Meeting of Council will be held on July 14th, 2017 at 10:45 a.m. for the purpose of ratifying the hiring of Municipal Equipment Operators.
Carried:

40. TERRY NEELY
GLEN FOSTER
RESOLVED that the position of Seasonal Equipment Operator will be re-advertised with a deadline for applications to be set as July 21st, 2017.
Carried:

41. DAVID MINISH
TERRY NEELY
RESOLVED that a committee of 3 Councillors be struck to investigate the Landfill incident from May, 2017.
Councillor Minish Called for a recorded vote.
Councillor Steen No
Councillor Neely Yes
Councillor Blosha No
Councillor Burick No
Councillor Minish Yes
Councillor Foster No
Defeated:

42. CARRIE BLOSHA
GLEN FOSTER
RESOLVED that a letter be sent to the person in question regarding the May Landfill Incident as done in past instances where there was a question regarding proper disposal of waste.
Councillor Blosha called for a recorded vote.
Councillor Steen Yes
Councillor Neely Yes
Councillor Blosha Yes
Councillor Burick Yes
Councillor Minish Yes
Councillor Foster Yes
Carried:

43. CARRIE BLOSHA
TERRY NEELY
RESOLVED that this meeting shall adjourn at 11:53 p.m.
Carried:

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