The Council of the Town of Swan River met on Tuesday, October 20, 2020 at 7:30 pm in the Town Council Chambers with Mayor Jacobson presiding along with Councillors Delaurier, Friesen, Moriaux, Wintoniw and Whyte in person.
Councillor Gray – via video conferencing.
Also Present:
Staff – In person: Acting CAO P. Henkelman, Dir. PW, D. Poole
Via video conferencing: CFO T. Gnida, Fire Chief D. Fedorchuk
Delegations:
Media: Star & Times, Jeremy Bergen
1. Call meeting to order
Mayor Jacobson called the meeting to order at 7:30 pm.
2. Adoption of the Agenda
Resolution No: 2020-523
Moved By: Duane Whyte
Seconded By: Johnny Wintoniw
RESOLVED that the agenda for the October 20, 2020 regular meeting of Council be adopted as received.
Carried
3. Confirmation of the minutes
Resolution No: 2020-524
Moved By: Phylis Friesen
Seconded By: David Moriaux
RESOLVED the minutes of the October 6, 2020 regular council meeting and October 13, 2020 Committee of the Whole meeting be received and approved.
Carried
4. Reception of Delegations and Hearings
5. Reception of Petitions
6. Communications
6.1 To receive building permit applications
Resolution No: 2020-525
Moved By: Duane Whyte
Seconded By: Johnny Wintoniw
RESOLVED that Building Permits 82/20 through 89/20 with a total estimated value of $456,800 be received.
Carried
7. Reports of Committees
7.1 Director of Public Works Report
Resolution No: 2020-526
Moved By: Duane Whyte
Seconded By: Johnny Wintoniw
RESOLVED the Director of Public Works report be received.
Carried
7.2 Other Reports
7.2.1 September 2020 Protective Services report
Resolution No: 2020-527
Moved By: David Moriaux
Seconded By: Johnny Wintoniw
RESOLVED that the September 2020 Protective Services report be received.
Carried
7.3 Council and CAO Reports
7.3.1 Acting CAO report
Resolution No: 2020-528
Moved By: Duane Whyte
Seconded By: David Moriaux
RESOLVED that the Acting CAO report be received.
Carried
8. New Business
9. Unfinished Business
10. Accounts
Councillor Gray declared a conflict.
10.1 To approve accounts
Resolution No: 2020-529
Moved By: Jason Delaurier
Seconded By: David Moriaux
RESOLVED THAT the accounts as follows be hereby approved for payment:
1. General Account Cheques No. 26767 to No. 26808 for a total of $1,935,817.54
2. Payroll Account Cheques No. 4740 to No. 4746 for a total of $93,239.29
Carried
Councillor Gray abstained from the vote.
10.2 To authorize payment of annual grant to Swan Valley Chamber of Commerce
Resolution No: 2020-530
Moved By: Johnny Wintoniw
Seconded By: David Gray
RESOLVED that Council authorize payment of the annual grant of $8,000.00 to the Swan Valley Chamber of Commerce, as was included in the 2020 Financial Plan, to be used towards the Chamber’s projects and operations.
Carried
10.3 To approve annual grant to Association for Community Living
Resolution No: 2020-531
Moved By: Duane Whyte
Seconded By: Phylis Friesen
RESOLVED that the annual grant of $1,000.00 to the Swan River Association for Community Living, included in the 2020 Financial Plan, be approved for payment.
Carried
10.4 To approve payment of annual grant to museum
Resolution No: 2020-532
Moved By: Johnny Wintoniw
Seconded By: Phylis Friesen
RESOLVED that Council authorize payment of the annual grant of $4,000.00, as included in the 2020 Financial Plan, to the Swan Valley Historical Museum.
Carried
10.5 To transfer from Federal Gas Tax Reserve for household hazardous waste storage
Resolution No: 2020-533
Moved By: David Gray
Seconded By: Duane Whyte
WHEREAS the 2020 Capital Budget included $10,000.00 for Household Hazardous Waste Building to be Borne by Federal Gas Tax Reserve, and the building has been constructed at a cost of $9,462.81;
BE IT HEREBY RESOLVED that $9,462.81 be transferred from the Federal Gas Tax Reserve Fund to the General Operating Fund.
Carried
10.6 To adopt the September 2020 financial statements
Resolution No: 2020-534
Moved By: Jason Delaurier
Seconded By: David Gray
RESOLVED that the Financial Statements for the Nine Months Ending September 30th, 2020 be adopted as received.
Carried
11. By-Laws
11.1 Second reading By-Law 16/2020
Resolution No: 2020-535
Moved By: Duane Whyte
Seconded By: Jason Delaurier
RESOLVED that By-Law No. 16/2020, being a By-Law of the Town of Swan River to establish a Council Code of Conduct, be read a second time.
Carried
11.2 Third reading By-Law 16/2020
Resolution No: 2020-536
Moved By: Duane Whyte
Seconded By: Johnny Wintoniw
RESOLVED that By-Law No. 16/2020, being a By-Law of the Town of Swan River to establish a Council Code of Conduct, be read a third time and be passed.
Jason Delaurier – yes
Phylis Friesen – yes
David Gray – yes
Lance Jacobson – yes
David Moriaux – yes
Duane Whyte – yes
Johnny Wintoniw – yes
Carried
11.3 First reading of By-Law 18/2020 amending 7/2020 Incident Command Vehicle
Resolution No: 2020-537
Moved By: Johnny Wintoniw
Seconded By: David Moriaux
RESOLVED that By-Law No. 18/2020 being a By-Law of the Town of Swan River to amend its By-Law No. 7/2020, which provided for the expenditure and borrowing of funds for the purchase of a firefighting incident command vehicle, be read a first time.
Carried
11.4 First reading of By-Law 19/2020 amending 8/2020 Loader-Backhoe
Resolution No: 2020-538
Moved By: David Moriaux
Seconded By: David Gray
RESOLVED that By-Law No. 19/2020 being a By-Law of the Town of Swan River to amend its By-Law No. 8/2020, which provided for the expenditure and borrowing of funds for the purchase of a loader-backhoe, be read a first time.
Carried
12. Notice of Motion
Deputy Mayor Wintoniw left the meeting due to conflict.
12.1 To rescind resolution 2020-286
Resolution No: 2020-539
Moved By: David Moriaux
Seconded By: Jason Delaurier
RESOLVED that Town of Swan River Council resolution 2020-286 be rescinded.
Name Yes No Abstained Absent
Jason Delaurier – yes
Phylis Friesen – yes
David Gray – no
Lance Jacobson – yes
David Moriaux – yes
Duane Whyte – yes
Johnny Wintoniw – absent
Carried
12.2 Use of public land
Resolution No: 2020-540
Moved By: David Moriaux
Seconded By: Jason Delaurier
WHEREAS The Town of Swan River under it’s zoning by-law has set aside parcels of land within the town limits designated as Public Reserves,
AND WHEREAS these public reserves be set aside as green space and for the enjoyment and use of all residents,
THEREFORE BE IT RESOLVED that all property owners in the Town of Swan River who own any structure(s) that are encroaching on Town owned property on or before January 1st, 2020 must notify the Town Manager by November 1st, 2020 to obtain Council approval as set out in the Town of Swan River Building By-Law and sign an agreement with the Town of Swan River in order to continue encroaching on Town Property with the existing structures,
And further, That the agreement will include, among other provisions, a stipulation that if deemed appropriate at any time the Town of Swan River, giving 30 days notice, may order the encroaching property owner to have all encroaching structure(s) removed and that the encroaching property owner also cause the Town owned property to be resorted to an acceptable state similar to the surroundings,
And further, That prior to the sale of the property whose owner has structure(s) that are encroaching on Town owned property that the owner shall ensure all encroaching structures are permanently removed and that the Town owned property is restored to acceptable state similar to the surroundings,
And further, That no unauthorized encroachments to Town owned property will be permitted after January 1st, 2020 and also that proof may be required to show that the encroaching structure(s) predates January 1st, 2020. Any encroachments after January 1st, 2020, must be removed by November 4, 2020.
Jason Delaurier – yes
Phylis Friesen – yes
David Gray – no
Lance Jacobson – yes
David Moriaux – yes
Duane Whyte – yes
Johnny Wintoniw – absent
Carried
Friendly amendment moved by Councillor Delaurier and seconded by Councillor Moriaux to add “Any encroachments after January 1st, 2020, must be removed by November 4, 2020.” to the original motion.
Deputy Mayor Wintoniw returned to the meeting.
13. In Camera
Resolution No: 2020-541
Moved By: David Moriaux
Seconded By: Duane Whyte
RESOLVED that, pursuant to Section 152(3) of the Municipal Act, Council go into Committee and close the meeting to the public.
Personnel
Carried
14. Out of Camera
Resolution No: 2020-542
Moved By: David Gray
Seconded By: Jason Delaurier
RESOLVED that pursuant to Sections 152(4) of the Municipal Act this meeting be reopened to the public.
Carried
15. Adjournment
Resolution No: 2020-543
Moved By: David Gray
Seconded By: Jason Delaurier
RESOLVED that this regular meeting of Council now adjourn.
Carried