Swan Valley West Minutes – July 25, 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 25th day of July, 2017 at 7:00 p.m.


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

Delegations;

Additions to the Agenda:
5.18 New Drainage Application
5.19 Transportation Committee Recommendations
5.20 Benito Utility Projects
8.3 Province of MB, re; 2016 Audit
8.4 Durban hall Board re; Grant Request

1. IRWIN STEEN
CARRIE BLOSHA
RESOLVED that the Agenda for the Regular Meeting of Council held this 25th day of July, 2017 shall be adopted as amended.
Carried:

2. 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 an employee matter.
Carried:

3. BRIAN BURICK
CARRIE BLOSHA
RESOLVED that pursuant to Section 152(4) of the Municipal Act, this meeting shall be re-opened to the public.
Carried:

4. IRWIN STEEN
CARRIE BLOSHA
RESOLVED that the Minutes of the following meetings held by the Council for the Municipality of Swan Valley West shall be adopted as circulated;
- the Regular Meeting held on July 11th, 2017
- the Public Hearings held on July 11th, 2017
- the Special Meeting held on July 14th, 2017
Carried:

5. TERRY NEELY
DAVID MINISH
RESOLVED that the attached resignation shall be received by the Council for the Municipality of Swan Valley West with regrets, which has resulted in a vacancy of the following positions;
- Casual Office Clerk
- Senior Election Official
- Safety Officer
BE IT FURTHER RESOLVED that we shall advertise the position of Casual Office Clerk with a deadline for applications to be set for August 18th, 2017 with 1 ad in the Star & Times along with ads on the Municipal Website and the “Job Bank”.
Carried:

6. BRIAN BURICK
CARRIE BLOSHA
RESOLVED that the Council for the Municipality of Swan Valley West does hereby agree to advertise for the position of Chief Administrative Officer as follows;
- Indeed.com
- AMM
- MMAA
- Job Bank
- Municipal world (basic Job posting)
- Star & Times, Dauphin Herald & Russell Banner
- Winnipeg Free Press to be checked for pricing
AND BE IT FURTHER RESOLVED that the deadline for applications shall be set for August 25th, 2017.
Carried:

7. IRWIN STEEN
BRIAN BURICK
RESOLVED that this Regular Meeting of Council shall now adjourn at 7:32 p.m. to proceed with the Public Hearing regarding the amendment to Zoning By-Law #2382-04, and will reconvene immediately following the adjournment of said Public Hearing.
Carried:

8. IRWIN STEEN
TERRY NEELY
RESOLVED that the Regular Meeting of the Council for the Municipality of Swan Valley West shall now re-open at 8:18 p.m. to proceed with the regular business of council.
Carried:

9. TERRY NEELY
CARRIE BLOSHA
RESOLVED that we do hereby agree to adopt the revised Job Description for the Position of Urban Utility-Maintenance Labourer as presented.
Carried:

10. DAVID MINISH
TERRY NEELY
RESOLVED that the Council for the Municipality of Swan Valley West does hereby agree to accept the recommendation submitted by the Urban PW Assistant Foreman dated July 25th, 2017 and shall hire Jordan Olson for the position of Urban Maintenance – Utility Labourer and;
BE IT FURTHER RESOLVED that the terms and conditions of said employment shall be outlined on the Job Offer dated July 25th, 2017.
Carried:

11. CARRIE BLOSHA
BRIAN BURICK
RESOLVED that the Council for the Municipality of Swan Valley West does hereby agree to offer all municipal employees who are scheduled to work on Friday, July 28th, 2017 between the hours of 7:30 am and 1:00 pm a maximum of four (4) hours paid leave (as per their normal scheduled hours) to allow time to attend the Northwest Round-up & Exhibition Parade provided they report back to work by 1:00 pm to resume their regular duties and;
BE IT FURTHER RESOLVED that those employees who are approved for the full day away from work on Friday, July 28th, 2017 shall receive the first 4 hours paid time as noted above, with any remaining time to be paid as vacation time or payment in lieu of accumulated overtime.
Carried:

12. CARRIE BLOSHA
IRWIN STEEN
WHEREAS the Board of Revision for the 2018 Assessment Roll has been set for Tuesday, November 14th, 2017 at 7:00 pm;
THEREFORE BE IT RESOLVED that, in accordance with Subsections 41(2) and 41(3) of the Municipal Assessment Act, the Ad for the Board of Revision for the 2018 Assessment Roll will be;
- printed in the Star & Times on October 3rd, 2017 and October 17th, 2017
- posted in the Municipal Office at 216 Main street West, Swan River, MB
- posted in the Satellite Office at 126 Main Street, Benito, MB
AND BE IT FURTHER RESOLVED that the deadline to submit applications for revision of 2018 Assessments shall be set as October 27th, 2017.
Carried:

13. GLEN FOSTER
CARRIE BLOSHA
RESOLVED that we do hereby agree to publish the attached ad regarding the Capital Project on Rd#202N as submitted by the Rural Foreman as follows;
- 1 ad in the Star & Times
-Posted on the Municipal Website
BE IT FURTHER RESOLVED that the deadline for submission of quotes shall be set as August 10th, 2017 at 4:00 pm;
AND BE IT FURTHER RESOLVED that a Special Meeting of Council shall be held on August 11th, 2017 at 10:00 am for the purpose of awarding the project to a contractor. Carried:

14. DAVID MINISH
TERRY NEELY
RESOLVED that we do hereby agree to adopt the new Policy M14 – Performance of Work on Municipal Property, including the Permission Form attached to said policy, as presented, and;
BE IT FURTHER RESOLVED that the CAO shall be authorized to implement the use of the aforementioned policy for those works approved by the Council for the Municipality of Swan Valley West.
Carried:

15. IRWIN STEEN
GLEN FOSTER
RESOLVED that we do hereby agree to adopt the new Policy E1-Handling of Overtime for Rural Public Works Employees as presented.
Carried:

16. CARRIE BLOSHA
GLEN FOSTER
RESOLVED that we do hereby agree to adopt the revised Job Description for the Position of Relief Operator as presented.
Carried:

17. IRWIN STEEN
BRIAN BURICK
RESOLVED that a Public Hearing shall be on August 8th, 2017 at 8:00 pm for the purpose of receiving presentations from those who may be interested as related to a Variance on the property know as Lot #6-3080 Pt. of NE 7-34-29WPM specifically to vary the minimum front yard setback distance required for a residential building in a RR2 Zone as per Table 4-4 of Zoning By-Law #2383-04 from One Hundred and Twenty-Five (125) feet to Seventy (70) feet 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:

18. TERRY NEELY
BRIAN BURICK
WHEREAS Section 372 of The Municipal Act provides the municipality with the ability to set a reserve bid for any property being sold at the Tax Sale Auction;
THEREFORE BE IT RESOLVED that the Council for the Municipality of Swan Valley West shall hereby set a reserve bid equal to the amount of tax arrears, including all accumulated interest, and costs owing for any property being sold at the Tax Sale Auction to be held on October 12th, 2017 at 10:00 am in the Council Chambers, 216 Main Street West, Swan River, MB and;
BE IT FURTHER RESOLVED that we do hereby appoint the Finance Officer to bid on behalf of the Municipality.
Carried:

19. BRIAN BURICK
IRWIN STEEN
WHEREAS it has been brought to the attention of the Council for the Municipality of Swan Valley West that certain levies for the removal of aggregate from Gravel Pits located in the RM of Livingston have levies owing for the years 2014, 2015 and 2016 as identified by their Municipal Administrator and verified as unpaid by Swan Valley West;
THEREFORE BE IT RESOLVED that we do hereby agree to settle said unpaid levies as follows;
- For the year 2014 as per the SVW Report 14,139 yds. at $0.111 / yard
- For the year 2015 as per the SVW Report 11,850 yds. at $0.111 / yard
- For the year 2016 as per the SVW Report 8,650 yds. at $0.111 / yard
Carried:

20. BRIAN BURICK
GLEN FOSTER
WHEREAS a request has been received by the Council for the Municipality of Swan Valley West for a Grant contribution toward the outdoor patio furniture being purchased by the Thunderhill courts Tenant Association;
THEREFORE BE IT RESOLVED that we do hereby agree to award a one-time grant in the amount of $250.00 and;
BE IT FURTHER RESOLVED that a copy of said request shall be forwarded to the Benito L.U.D. Committee for consideration of a similar grant.
Carried:

21. TERRY NEELY
GLEN FOSTER
WHEREAS the owners of PT. SW ¼ Section 11-35-29wpm 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 July 16th, 2017 and have no objections to the aforementioned subdivision;
THEREFORE BE IT 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:

22. BRIAN BURICK
CARRIE BLOSHA
RESOLVED that item No. 5.14 from this evening’s agenda regarding the three pending applications to perform drainage works shall be tabled until August 8th, 2017 to allow time to ask additional questions regarding said works.
Carried:

23. IRWIN STEEN
BRIAN BURICK
RESOLVED that Agenda Item No. 5.14 regarding drainage permit applications being examined by Councillors Blosha and Foster shall be tabled to August 8th, 2017 to allow the applicants an opportunity to attend as delegated and make a presentation to council with respect to their applications.
Carried:

24. IRWIN STEEN
DAVID MINISH
WHEREAS concerns were received by the members of the Council for the Municipality of Swan Valley West regarding the allowance of ‘Multi-Family Dwellings’ in an RS-15 ‘Residential Single Family Zone’ under By-?Law No. 0067-17 and;
WHEREAS the members of Council agree that it may not be in the best interest of the residents in said areas to allow ‘Multi-Family Dwellings’ as a Conditional Use;
THEREFORE BE IT RESOLVED that we do hereby agree to amend By-Law No.0067-17 to allow for ‘Two-Family Dwellings’ as proposed to those in attendance at the Public Hearing held this 25th day of July, 2017 with notification to be sent to all those who received the notice of hearing of this change in the aforementioned By-Law and;
BE IT FURTHER RESOLVED that, provided no objections are received to the proposed By-Law 0067-17 to allow for Two-Family Dwellings’ as a Conditional Use under an amendment to Zoning By-Law No. 2383-04 of the former RM of Swan River, we shall proceed with second reading and third readings of By-Law 0067-17 at the next Regular Meeting of Council to be held on August 8th, 2017.
Carried:

25. DAVID MINISH
IRWIN STEEN
WHEREAS the Council for the Municipality of Swan Valley West has received an application for a Conditional Use Permit on the property known as SE ¼ 22-38-27wpm, specifically to allow for the operation of a Repair Establishment as allowed under Table 4-1 ‘AG’ – Agriculture General Zone, Use and Bulk Table of the RM of Swan River Zoning By-Law No. 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 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 July 7th, 2017, and shall issue Conditional Use Order No.2017-06 and;
BE IT FURTHER RESOLVED that the Reeve and CAO shall be authorized to sign said Order on behalf of the Municipality.
Carried:

26. BRIAN BURICK
CARRIE BLOSHA
WHEREAS there has been a need for additional costs for Council Road Commission Fees and Committee Meeting Indemnities as a result of the release of the Superintendent of Public Works and;
WHEREAS By-Law No. 0058-16 requires a resolution passed by the majority of Council in order to exceed the amount budgeted for remunerations paid to members of council for the aforementioned indemnities;
THEREFORE BE IT RESOLVED that we do hereby agree to increase indemnities paid to members of council as follows;
- Council Road Commission Fees shall be increased to $5000 (an increase of $3000)
- Committee Meeting Indemnities shall be increased to $35,000 (an increase of $12,000)
AND BE IT FURTHER RESOLVED that the aforementioned increases shall be covered by surplus funds budgeted for the Superintendent’s salary for 2017.
Carried:

27. CARRIE BLOSHA
IRWIN STEEN
RESOLVED that the signing authorities for the Municipality of Swan Valley West shall be amended, with all cheques, debt instruments, transfers or legal documents to be signed by;
Either one (1) of the following:
- The Chief Administrative Officer, Carolyn Gordon or the Finance Officer, Angela Mullin
Together with one (1) of the following;
The Reeve, William Galloway or the Deputy Reeve, Brian Burick
Carried:

28. GLEN FOSTER
TERRY NEELY
RESOLVED that the Council for the Municipality of Swan Valley West does hereby approve the following payments:
General Cheques #13571 to #13615 in the amount of $ 153,587.81
Payroll Cheques #1512 to #1533 in the amount of $ 26,818.54
Payroll Cheques #1534 to #1552 in the amount of $ 645.84
For a Grand Total of $181,052.19
Carried:

29. GLEN FOSTER
BRIAN BURICK
RESOLVED that, in accordance with Clause 8.5 of By-Law No. 0002-15, the council shall extend the curfew by up to one-half hour in order to complete discussions regarding financial matters, drainage matters and In-Camera items.
Carried:

30. DAVID MINISH
TERRY NEELY
WHEREAS the Urban Assistant Foreman has submitted a recommendation dated July 25th, 2017 to accept the quotes submitted by Contec Projects Ltd. for the Bi-Annual Reservoir Cleaning, the Upgrade to the Diesel Stand-By Pump at the Benito Water Treatment Plant and the required Repairs to the Leaking Distribution Header.
AND WHEREAS the members of Council for the Municipality of Swan Valley West do hereby agree to the aforesaid recommendations;
THEREFORE BE IT RESOLVED that we do hereby agree to accept the aforementioned quote as outlined in said recommendation and shall authorize the Urban Assistant Foreman to make arrangements with Contec to proceed with these works as included in the 2017 Utility Budget
Carried:

31. IRWIN STEEN
CARRIE BLOSHA
WHEREAS the Swan Lake Watershed CD has submitted an application to the Province of Manitoba for the development of a Grass Waterway on the property known as the NW ¼ Section 8-34-29wpm;
THEREFORE BE IT RESOLVED that the Council for the Municipality of Swan Valley West does hereby agree to provide Municipal Landowner Approval for the Application for License to Construct Water Control Works on the aforementioned property where said works may cause surface water to enter into the municipal ditches, as indicated on the map submitted with said applications and;
BE IT FURTHER RESOLVED that either the Reeve or the CAO shall be authorized to sign the Landowner Approval Sections of the Provincial Applications to Construct Water Control Works and the Municipal Landowner Agreement & Liability Release Form (where applicable) on behalf of the Municipality.
Carried:

32. GLEN FOSTER
BRIAN BURICK
WHEREAS the Transportation Committee has made a recommendation dated July 24th, 2017 to enlist the services of the Swan Lake Watershed CD for surveying and ditch design for a municipal drainage project on Rd#217N, ½ mile East of PR#588 and;
WHEREAS the members of Council for the Municipality of Swan Valley West do hereby agree to the aforesaid recommendations;
THEREFORE BE IT RESOLVED that we do hereby agree to authorize the Rural Foreman to contact the SLWCD and work with the CD Manager to create a ditch design plan for submission with an Application to Perform Drainage Works for the aforementioned project.
Carried:

33. TERRY NEELY
CARRIE BLOSHA
WHEREAS the Transportation Committee has made a recommendation dated July 24th, 2017 to enlist the services of a Professional Consultant to create an overall Drainage Plan for the Willow Run Area and;
WHEREAS the members of Council for the Municipality of Swan Valley West do hereby agree to the aforesaid recommendation and have been made aware that said services are eligible for funding under the Municipal Road Improvement Fund;
THEREFORE BE IT RESOLVED that we do hereby agree to advertise and hire said Professional Services as noted on the aforementioned recommendation in order to make proper plans for the aforementioned Capital Project.
Carried:

34. IRWIN STEEN
BRIAN BURICK
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 the following;
- Employee Matters
- Legal Matters
- Enforcement of a Municipal Policy
Carried:

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

36. TERRY NEELY
BRIAN BURICK
RESOLVED that the Council for the Municipality of Swan Valley West does hereby agree to proceed with Recommendation No.1 as discussed In-Camera regarding the settlement of an employee matter.
Carried:

37. GLEN FOSTER
BRIAN BURICK
RESOLVED that the Council for the Municipality of Swan Valley West does hereby agree to proceed with Recommendation No.2 as discussed In-Camera regarding the enforcement of the Landfill Site Management Policy.
Carried:

38. TERRY NEELY
DAVID MINISH
RESOLVED that the Council for the Municipality of Swan Valley West does hereby agree to proceed with Recommendation No.3 as discussed In-Camera regarding the written response to ratepayer concerns.
Carried:

39. IRWIN STEEN
GLEN FOSTER
RESOLVED that we do hereby authorize the CAO to gather information on the process to develop wards in the Municipality of Swan Valley West for both election and expenditure purposes, and;
BE IT FURTHER RESOLVED that a report, as well as a sample policy and/or by-law shall be submitted to the members of Council as soon as reasonably possible, but no later than August 22nd, 2017.
Carried:

40. TERRY NEELY
DAVID MINISH
RESOLVED that the Council for the Municipality of Swan Valley West does hereby agree to proceed with Recommendation No.4 as discussed In-Camera regarding settlement of an employee matter.
Carried:

41. CARRIE BLOSHA
BRIAN BURICK
RESOLVED that this meeting shall adjourn at 12:18 a.m.
Carried:

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