Minutes of the Regular Council Meeting of the Rural Municipality of Mountain held Wednesday, September 27th, 2017 in the R.M. of Mountain Council Chambers in Birch River, Manitoba.


Members Present:
Reeve: Marvin Kovachik
Councillors:
1 – Wilmer Malcolm
2 – Stephen Nadolney
3 – Nestor Rizok
4 – Connie Forbes
5 – Jesse Larocque
6 – Brad Wyatt

CAO Robin Wiebe was present and acted as secretary.

The meeting was called to order at 10:09 A.M. by Reeve Marvin Kovachik, quorum being present.

Wyatt
Nadolney
BE IT RESOLVED THAT the Agenda for the September 27th, 2017 Regular Meeting of Council be adopted as presented.
CARRIED.

Forbes
Wyatt
WHEREAS at their regular meeting September 13th, 2017 Council implemented a burning ban by Resolution No. 338/17;
THEREFORE BE IT RESOLVED THAT the burning ban hereby be ended.
CARRIED.

Nadolney
Wyatt
BE IT RESOLVED THAT the Minutes of the Regular Meeting of Council held September 13th, 2017 be adopted as presented, all requirements having been complied with.
CARRIED.

Nadolney
Malcolm
WHEREAS the 2017 municipal gravel contract was approved February 8th, 2017 by council Resolution No. 38/17 authorizing the purchase of 2,900 m3 for Ward III;
AND WHEREAS a substantial overage [$12,099.86] was caused to be delivered and applied to Ward III by the council member as outlined in Schedule ‘A’ attached hereto;
THEREFORE BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby authorize the gravel overage and approve payment of same.
DEFEATED.

Councillor Rizok arrived at 10:44

Malcolm
Nadolney
WHEREAS Ward III council member caused a substantial gravel overage to be delivered and applied to Ward III;
AND after considering the nature and intent of this unauthorized expenditure, has been found to contravene: Clause 6 of the Municipal Work Order Policy; and
Section 171 of The Municipal Act;
AND WHEREAS this overage is not authorized by council and not approved for payment;
AND WHEREAS Clause 7 of the Municipal Work Order Policy states: Any member of council authorizing an expenditure of money without proper authorization may be held personally liable and responsible for payment;
AND WHEREAS Section 171 of The Municipal Act makes a council member liable to the municipality for the amount spent contrary to the authorization given by council resolution;
THEREFORE BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby hold Ward III council member personally liable and responsible for payment of the gravel overage as outlined in Schedule ‘A’ attached hereto.
CARRIED.

Larocque
Malcolm
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby approve work orders #144/17 attached hereto.
CARRIED.

Larocque
Wyatt
BE IT RESOLVED THAT the Rural Municipality of Mountain hereby add taxes to the Tax Roll as per Schedule “A” attached hereto.
CARRIED.

Larocque
Malcolm
RESOLVED THAT Cheque Nos. 20171141 to 20171206 be approved for payment in the amount of $174,151.61, including 1,601.01 for Council indemnities, as per By-Law 03/16, and Direct Deposit Payroll in the amount of 4,349.64 as attached hereto as Schedule A.
CARRIED.

Larocque
Forbes
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby approve work orders #136/17 to #143/17 attached hereto.
CARRIED.

Forbes
Malcolm
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby approve the purchase of Culvert Markers as per Schedule ‘A’ attached hereto.
CARRIED.

Larocque
Malcolm
WHEREAS Council of the Rural Municipality of Mountain held a Public Hearing on September 27th, 2017 to hear the Zoning Variation Application #VAR03-2017 [McCorrister] for the property legally described as Lot 7, Plan 1212, Birch River;
AND WHEREAS there were no objections, or all objections were heard and considered;
THEREFORE BE IT RESOLVED THAT the Zoning Variation Order #VAR03-2017 be approved as per Schedule ‘A’ attached hereto.
CARRIED.

Wyatt
Forbes
WHEREAS Council of the Rural Municipality of Mountain held a public hearing September 27th, 2017 regarding Animal Control complaints and Breach of By-Law 05/03 for livestock being at large;
AND WHEREAS
all representations and objections were heard and considered;
THEREFORE BE IT RESOLVED THAT
Council vary the charges as follows:
$250.00 first offense
DEFEATED.

Forbes
Wyatt
BE IT RESOLVED THAT Council [and CAO] of the Rural Municipality of Mountain hereby be authorized to attend the Swan River Constituency Town Hall Meeting in Swan River, MB on October 19th, 2017;
AND THAT expenses be allowed for same.
CARRIED.

Notice of Motion to reconsider Resolution No. 315/17

Malcolm
Larocque
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby authorize the request to harvest wood on NE 27-32-23 WPM as per Schedule ‘A’ attached hereto.
CARRIED.

Forbes
Wyatt
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby authorize the request to harvest wood on NE 27-32-23 WPM as per Schedule ‘A’ attached hereto.
DEFEATED.

Nadolney
Forbes
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby accept the offer to Purchase Parcel 1 and Parcel 2. CLPA file #HLA-15-13088-0000;
AND authorize the Reeve and CAO to sign on behalf of the municipality.
CARRIED.

Malcolm
Forbes
WHEREAS Section 8.6 of By-Law No. 01/16 allows Council to extend the time of adjournment after curfew by one half hour;
THEREFORE BE IT RESOLVED THAT the Regular Meeting of Council of the Rural Municipality of Mountain be extended to 5:00 p.m.
CARRIED.

Forbes
Wyatt
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby adopt the Gravel Crushing Tender documents as per Schedule ‘A’ attached hereto;
AND THAT the CAO be authorized to advertise same.
CARRIED.

Wyatt
Forbes
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby approve the execution of a Development Agreement with Wuskwi Sipihk First Nation for an undeveloped road allowance, terms and conditions attached hereto in Schedule “A”;
AND THAT the Reeve and CAO be authorized to sign on behalf of the Municipality.
CARRIED.

Wyatt
Forbes
BE IT RESOLVED THAT the Regular Meeting of Council of the Rural Municipality of Mountain be adjourned to meet again on October 11th, 2017.
Meeting adjourned at 5:10 p.m.
CARRIED.