The Council of the Town of Swan River met on Tuesday, December 21, 2021 at 7:30 pm in the Town Council Chambers with Mayor Jacobson presiding along with Deputy Mayor Wintoniw, and Councillors Friesen, Delaurier, Moriaux, Bobick, and Whyte in person.
Also Present:
CAO D. Poole, CFO T. Gnida, Fire Chief D. Fedorchuk, Dir. of Works D. Harvey, Dir. of Recreation B. Fedorchuk
Public Hearing Attendees:
Delegation Attendees: RCMP – Staff Sargent Joe Duncan, Sargent Henson; and Sarah Cazakoff
Media: Jeremy Bergen, Star and Times
1. Call meeting to order
Mayor Jacobson called the meeting to order at 7:30.
2. Adoption of the Agenda
Resolution No: 2021-1171
Moved By: Duane Whyte
Seconded By: Johnny Wintoniw
RESOLVED that the agenda for the December 21, 2021 regular meeting of Council be adopted.
Carried
3. Confirmation of the minutes
Resolution No: 2021-1172
Moved By: Johnny Wintoniw
Seconded By: Jason Delaurier
RESOLVED the minutes of the December 7, 2021 regular council meeting be approved.
Carried
4. Reception of Delegations and Hearings
4.1 Staff Sargent Joe Duncan – Crime in Swan River
4.2 Sarah Cazakoff – Flo Level 3 DC Car Chargers in Swan River
5. Reception of Petitions
6. Communications
6.1 To receive building permit applications
Resolution No: 2021-1173
Moved By: Duane Whyte
Seconded By: Johnny Wintoniw
RESOLVED that Building Permits 70/21 through 71/21 with a total estimated value of $652,000.00 be received.
Carried
7. Reports of Committees
7.1 Director of Public Works Report
Resolution No: 2021-1174
Moved By: Phylis Friesen
Seconded By: Don Bobick
RESOLVED the Director of Public Works report be received.
Carried
7.2 Other Reports
7.3 Council and CAO Reports
8. New Business
8.1 Swan River North Hero Club – Legion Hall grant request
Resolution No: 2021-1175
Moved By: Duane Whyte
Seconded By: Don Bobick
RESOLVED the grant request from the Swan River North HERO Club to grant their rental fee for the Legion Room in the Veterans Community Hall for the 2021 Christmas party be approved.
Carried
8.2 Loader-Tractor
Resolution No: 2021-1176
Moved By: Don Bobick
Seconded By: Duane Whyte
RESOLVED that The Town of Swan River purchase a Case 570N from Hitrac for $136,817 plus applicable taxes
Carried
8.3 EV Charging Project Support
Resolution No: 2021-1177
Moved By: Jason Delaurier
Seconded By: Duane Whyte
Whereas Electric and Hybrid vehicles made up 3.5% of all vehicle sales in 2020 and are poised to make up 4.6% of all vehicle sales in 2021. With this number only forecasted increase in the coming years as vehicle manufacturers work towards meeting the federal government’s mandated that electric vehicles make up 50% of vehicles sold by 2030
And whereas Swan River is already isolated with regards to transportation with the decrease in bus service, absence of air service. The lack of electric charging infrastructure with only isolate us further for a segment of the population that is rapidly growing
And Whereas the Town of Swan River recognizes that having fast charging capabilities locally will ensure that we are able to continue to promote ourselves as both a tourist destination as well as a place where travellers can still stop to refuel on their travels for an ever growing portion of the motoring population.
Therefore be it resolved that the administration of the Town of Swan River begin planning and working towards having a Level 3 Fast Charging station installed in the Town of Swan River in 2022. This directive shall be conditional on receiving the Manitoba Building Sustainable Communities Grant which has an application deadline of January 17 and the federal Natural Resources Zero Emission Vehicle Infrastructure Grant with an application intake of early 2022.
Therefore be it also resolved that the planning for the location of this charging station should include a criteria of ability to expand with additional charging stations in the future.
Carried
9. Unfinished Business
9.1 Conditional Use 2.2021
Resolution No: 2021-1178
Moved By: David Moriaux
Seconded By: Phylis Friesen
RESOLVED that the Application for Conditional Use No. 2/2021 to allow the owner to move a modular home onto residential property be approved.
Carried
10. By-Laws
10.1 Third reading of By-Law 15/2021 establishing a road improvement reserve
Resolution No: 2021-1179
Moved By: Duane Whyte
Seconded By: Johnny Wintoniw
RESOLVED that By-Law 15/2021, being a by-law to establish a Road Improvement Reserve Fund, be read a third time and be passed.
Don Bobick – yes
Jason Delaurier -yes
Phylis Friesen – yes
Lance Jacobson – yes
David Moriaux – yes
Duane Whyte – yes
Johnny Wintoniw – yes
Carried Unanimously
10.2 Second reading of By-Law 16/2021 establishing a lagoon improvement reserve
Resolution No: 2021-1180
Moved By: Johnny Wintoniw
Seconded By: Duane Whyte
RESOLVED that By-Law 16/2021, being a by-law to establish a Lagoon Improvement Reserve Fund, be read a second time.
Carried
10.3 Third reading of By-Law 16/2021 establishing a lagoon improvement reserve
Resolution No: 2021-1181
Moved By: Johnny Wintoniw
Seconded By: Phylis Friesen
RESOLVED that By-Law 16/2021, being a by-law to establish a Lagoon Improvement Reserve Fund, be read a third time and be passed.
Don Bobick – yes
Jason Delaurier – yes
Phylis Friesen – yes
Lance Jacobson – yes
David Moriaux – yes
Duane Whyte – yes
Johnny Wintoniw – yes
Carried Unanimously
11. Accounts
11.1 To approve accounts
Resolution No: 2021-1182
Moved By: Duane Whyte
Seconded By: Don Bobick
RESOLVED THAT the accounts as follows be hereby approved for payment:
1. General Account Cheques No. 28363 to No. 28448 totaling $241,609.90 as listed on Schedule A.
(Cheque No. 28385 was voided as the purchase was paid by credit card.)
2. Payroll Account Cheques No. 4998 to No. 5004 totaling $84,801.17 as listed on Schedule B.
3. Payroll Account Cheques No. 5005 to No. 5009 totaling $11,732.52 as listed on Schedule C.
4. Direct deposit in the amount of $6,317.36 as per Schedule D.
5. Direct deposits totaling $17,358.78 as listed in Schedule E.
Carried
11.2 To adopt 2022 interim operating budget
Resolution No: 2021-1183
Moved By: Johnny Wintoniw
Seconded By: Don Bobick
WHEREAS Section 163 of The Municipal Act provides that “A Council may adopt an interim operating budget to have effect only until the Council adopts the operating budget for the fiscal year”;
NOW THEREFORE BE IT RESOLVED that the following interim operating budget be adopted for the year 2022:
General Operating Requirements:
General Government Services $800,000
Protective Services $1,900,000
Transportation Services $1,000,000
Environmental Health Services $1,200,000
Public Health & Welfare Services $200,000
Regional Planning & Development $40,000
Resource Conservation & Industrial Development $120,000
Recreation & Cultural Services $1,400,000
Fiscal Services $800,000
Water & Sewer Services $1,300,000
Carried
11.3 To transfer to Lagoon Improvement Reserve
Resolution No: 2021-1184
Moved By: Phylis Friesen
Seconded By: Johnny Wintoniw
RESOLVED that the $50,000.00 contribution budgeted in the 2021 Financial Plan be made from the Utility Operating Fund to the Lagoon Improvement Reserve Fund.
Carried
11.4 To transfer to Water and Sewer Reserve
Resolution No: 2021-1185
Moved By: Johnny Wintoniw
Seconded By: Don Bobick
WHEREAS the 2021 Financial Plan for the Utility Operating Fund included $155,487.00 Transfer to Utility Reserve;
BE IT HEREBY RESOLVED that the lesser of $155,487.00, or the Utility Operating Fund Net Operating Surplus for the 2021 fiscal year, be transferred from the Utility Operating Fund to the Water and Sewer Reserve Fund.
Carried
11.5 To add unpaid accounts to taxes
Resolution No: 2021-1186
Moved By: Jason Delaurier
Seconded By: Phylis Friesen
WHEREAS the Town of Swan River used municipal equipment, materials and labour to carry out private works on private property under The Municipal Act clause 250(2)(e), and set the fees and charges for the works under clause 252(1)(a) of The Act;
AND WHEREAS sufficient time has been allowed for payment of such outstanding amounts as listed on the attached Schedule “A” totaling $7,192.61;
THEREFORE BE IT RESOLVED THAT each of the unpaid amounts listed on Schedule “A” be added to the corresponding property tax roll and collected in that manner under subsection 252(2) of The Act;
BE IT FURTHER RESOLVED THAT notice be sent to each property owner detailing the amounts being added to the taxes and advising that interest will accrue on said amounts in the same manner as for unpaid property taxes effective January 1st, 2022.
Carried
11.6 To set 2022 tax sale auction date
Resolution No: 2021-1187
Moved By: Johnny Wintoniw
Seconded By: Jason Delaurier
WHEREAS Section 365(2) of The Municipal Act provides that Council may in any year designate the immediately preceding year, or any earlier year, as the year for which properties, the taxes in respect of which are in arrears for the year, must be offered for sale by auction to recover the tax arrears and costs;
BE IT RESOLVED THAT the Designated Year for which properties in arrears be offered for sale by auction, be 2021 (meaning all properties with outstanding taxes from the year 2020 or prior); and
BE IT FURTHER RESOLVED THAT in accordance with Section 363(1) of the Municipal Act, “costs” shall be the actual costs incurred for each parcel listed for the 2022 tax sale plus an administration fee of $50.00 (as set forth in Manitoba Regulation 50/97); and
BE IT FURTHER RESOLVED THAT the 2022 tax sale be held Wednesday, September 14th, 2022 at 2:00 pm in the Town of Swan River council chambers and that Taxervice be hired to manage the Tax Sale for the Town during the Fiscal Year 2022.
Carried
11.7 To adopt the November 2021 financial statements
Resolution No: 2021-1188
Moved By: Johnny Wintoniw
Seconded By: Don Bobick
RESOLVED that the Financial Statements for the Eleven Months Ending November 30th, 2021 be adopted as received.
Carried
11.8 To transfer from Federal Gas Tax Reserve for sidewalks
Resolution No: 2021-1189
Moved By: Johnny Wintoniw
Seconded By: Don Bobick
WHEREAS the Capital Budget for the Year 2021 included $40,000.00 for Sidewalks to be Borne by Federal Gas Tax Reserve, but the final total cost for such has not yet been determined;
THEREFORE BE IT RESOLVED that, once the final total cost of the Sidewalks capital project has been determined, the lesser of $40,000.00 or the final total cost be transferred from the Federal Gas Tax Reserve Fund to the General Operating Fund.
Carried
11.9 To transfer from Federal Gas Tax Reserve for Main Street
Resolution No: 2021-1190
Moved By: Don Bobick
Seconded By: Phylis Friesen
WHEREAS the Capital Budget for the Year 2021 included $320,000.00 for Main Street curb/gutter, asphalt and sidewalks to be Borne by Federal Gas Tax Reserve, but the final total cost for such has not yet been determined;
THEREFORE BE IT RESOLVED that, once the final total cost of the Main Street capital project has been determined, the lesser of $320,000.00 or the final total cost be transferred from the Federal Gas Tax Reserve Fund to the General Operating Fund.
Carried
11.10 To transfer from Machinery Reserve for tractor
Resolution No: 2021-1191
Moved By: Duane Whyte
Seconded By: Don Bobick
WHEREAS the Capital Budget for the Year 2021 included Tractor with attachments to be Borne by Machinery Replacement Reserve;
THEREFORE BE IT RESOLVED that $136,817.00 plus applicable taxes be transferred from the Machinery Replacement Reserve Fund to the General Operating Fund.
Carried
11.11 To transfer from accumulated surplus
Resolution No: 2021-1192
Moved By: Duane Whyte
Seconded By: Johnny Wintoniw
RESOLVED that $95,000.00 be transferred from Accumulated Surplus to the General Operating Fund as was included in the 2021 Financial Plan.
Carried
11.12 To transfer to Recreation Facilities Reserve for Major Repairs
Resolution No: 2021-1193
Moved By: Duane Whyte
Seconded By: Phylis Friesen
WHEREAS the Town of Swan River borrowed by By-Law 14/2021 the amount of $594,328.00 during the 2021 fiscal year for the repair and renovation of the Richardson Recreation and Wellness Whirlpool, HVAC and Building Envelope;
AND WHEREAS the $73,163.00 cost to repair the Whirlpool was expended in the 2020 fiscal year;
THEREFORE BE IT RESOLVED that $73,163.00 be transferred from the General Operating Fund to the Recreation Facilities Reserve for Major Repairs in the 2021 fiscal year to be available for future needs.
Carried
11.13 To transfer to Road Improvement Reserve
Resolution No: 2021-1194
Moved By: Johnny Wintoniw
Seconded By: David Moriaux
WHEREAS the Province of Manitoba discontinued the Municipal Road Improvement Program and advised by letter dated April 9, 2019 that the annual Municipal Operating basket funding now includes $61,500.00 to support ongoing critical infrastructure needs;
AND WHEREAS the Town of Swan River received the $61,500.00 as part of its basket funding for each of the fiscal years 2019, 2020 and 2021 totaling $184,500.00;
AND WHEREAS it appears the Town may incur an operating surplus in its General Operating Fund for the 2021 fiscal year;
AND WHEREAS the Town by By-Law 15/2021 established a Road Improvement Reserve Fund to finance the cost of road improvements when needed;
BE IT HEREBY RESOLVED that the lesser of $184,500.00 or the 2021 General Operating Fund surplus be transferred from the General Operating Fund to the Road Improvement Reserve Fund once the surplus has been determined.
Carried
12. Notice of Motion
13. In Camera
Resolution No: 2021-1195
Moved By: Don Bobick
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.
MSVW Purchase Services
Minitonas-Bowsman Purchase Services
Carried
13.1 PTH 10 and PTH 83 Intersection
14. Out of Camera
Resolution No: 2021-1196
Moved By: Johnny Wintoniw
Seconded By: Don Bobick
RESOLVED that pursuant to Sections 152(4) of the Municipal Act this meeting be reopened to the public.
Carried
15. Items Arising out of Camera
15.1 Purchase Service Agreement – Municipality of Swan Valley West
Resolution No: 2021-1197
Moved By: Jason Delaurier
Seconded By: Duane Whyte
RESOLVED the Town of Swan River administration approve the purchase service agreement from the Municipality of Swan Valley West as attached in Schedule A.
Don Bobick – no
Jason Delaurier – yes
Phylis Friesen – yes
Lance Jacobson – yes
David Moriaux – yes
Duane Whyte – yes
Johnny Wintoniw – no
Carried
16. Adjournment
Resolution No: 2021-1198
Moved By: David Moriaux
Seconded By: Phylis Friesen
RESOLVED that this regular meeting of Council now adjourn at 10:57pm.
Carried