The Council of the Town of Swan River met on Tuesday, December 19th, 2017 at 7:30 pm in the Town Council Chambers with Mayor McKenzie presiding and Councillors Friesen, Whyte, Jacobson, Moriaux, Delaurier and Sakal present.
1 Call to order
2 Adoption of Agenda
Resolution No: 2017.591
Moved By: David Moriaux
Seconded By: Jason Delaurier
RESOLVED that the Agenda for the December 19th, 2017 regular meeting of Council be received.
CARRIED
3 Adoption of Minutes
Resolution No: 2017.592
Moved By: David Moriaux
Seconded By: Jason Delaurier
RESOLVED that the minutes of the December 5th, 2017 regular meeting of Council be adopted as received.
CARRIED
4 Delegations and Hearings
4.1 Public Hearing for Variation Order Application No. 6/2017
There were no persons present to make representation for or against Variation Order Application No. 6/2017.
Resolution No: 2017.593
Moved By: David Moriaux
Seconded By: Jason Delaurier
RESOLVED that Variation Order Application No. 6/2017 to allow the construction of a deck at the front of the house and to vary the setback distance from 30’ to 22’ to the front of the deck on the property located at Lot 37 Plan 2370, 6 Park Drive be approved;
FURTHER BE IT RESOLVED that this approval is subject to the approval of all other required permits.
CARRIED
4.2 Delegation: Reg Rivett – Sunday shopping hours
Reg Rivett, a minister in the Swan Valley, spoke against By-Law No. 25/2017 – Holiday and Sunday Shopping. He said there is already enough shopping hours on Sundays. He feels that extending the hours will take away from the opportunity to rest or have family time on Sundays. He advised that he came as a delegation and spoke against the first by-law as well.
5 Correspondence
6 Reports
6.1 Superintendent of Works Report
Resolution No: 2017.594
Moved By: David Moriaux
Seconded By: Jason Delaurier
RESOLVED that the Superintendent of Works report be received.
CARRIED
6.2 Management Meeting Minutes
6.3 Council Member and CAO reports
7 By-Laws
7.1 By-Law No. 18/2017 Special Service – Police Protection – 2nd reading
Resolution No: 2017.595
Moved By: David Moriaux
Seconded By: Jason Delaurier
RESOLVED that By-law No. 18/2017 being a By-law of the Town of Swan River to establish a rate for police protection as a special service for the Town of Swan River for the years 2018 and 2019 both inclusive be read a second time.
CARRIED
7.2 By-Law No. 18/2017 Special Service – Police Protection – 3rd reading
Resolution No: 2017.596
Moved By: Jason Sakal
Seconded By: Duane Whyte
RESOLVED that By-law No. 18/2017 being a By-law of the Town of Swan River to establish a rate for police protection as a special service for the Town of Swan River for the years 2018 and 2019 both inclusive be read a third time and be passed.
Jason Delaurier – yes
Phylis Friesen – yes
Lance Jacobson – yes
Glen McKenzie – yes
David Moriaux – yes
Jason Sakal – yes
Duane Whyte – yes
CARRIED
7.3 By-Law No. 19/2017 – Special Services – Other Services – 2nd reading
Resolution No: 2017.597
Moved By: Jason Sakal
Seconded By: Duane Whyte
RESOLVED that By-law No. 19/2017 being a By-law of the Town of Swan River to establish a rate for the following Special Services: Fire Protection, Street Lighting, Street Cleaning, Sidewalks and Boulevards, Ditches and Drainage, Doctor Recruitment, Snow Removal and Dust Control, Road Maintenance and Reconstruction and Emergency Measures for the Town of Swan River for the years 2018 and 2019 both inclusive be read a second time.
CARRIED
7.4 By-Law No. 19/2017 – Special Services – Other Services – 3rd reading
Resolution No: 2017.598
Moved By: Jason Sakal
Seconded By: Duane Whyte
RESOLVED that By-law No. 19/2017 being a By-law of the Town of Swan River to establish a rate for the following Special Services: Fire Protection, Street Lighting, Street Cleaning, Sidewalks and Boulevards, Ditches and Drainage, Doctor Recruitment, Snow Removal and Dust Control, Road Maintenance and Reconstruction and Emergency Measures for the Town of Swan River for the years 2018 and 2019 both inclusive be read a third time and be passed.
Jason Delaurier – yes
Phylis Friesen – yes
Lance Jacobson – yes
Glen McKenzie – yes
David Moriaux – yes
Jason Sakal – yes
Duane Whyte – yes
CARRIED
7.5 By-Law No. 20/2017 – Special Service – Garbage and Recycling – 2nd reading
Resolution No: 2017.599
Moved By: Jason Sakal
Seconded By: Duane Whyte
RESOLVED that By-law No. 20/2017 being a By-law of the Town of Swan River to establish a rate for the collection of garbage and recycling material and operation of the landfill site as a special service for the Town of Swan River for 2018 be read a second time.
CARRIED
7.6 By-Law No. 20/2017 – Special Service – Garbage and Recycling – 3rd reading
Resolution No: 2017.600
Moved By: Jason Sakal
Seconded By: Duane Whyte
RESOLVED that By-law No. 20/2017 being a By-law of the Town of Swan River to establish a rate for the collection of garbage and recycling material and operation of the landfill site as a special service for the Town of Swan River for 2018 be read a third time and be passed.
Jason Delaurier – yes
Phylis Friesen -yes
Lance Jacobson – yes
Glen McKenzie – yes
David Moriaux – yes
Jason Sakal – yes
Duane Whyte – yes
CARRIED
7.7 By-Law No. 21/2017 to amend the SCBAs Borrowing By-Law No. 5/2017- 2nd reading
Resolution No: 2017.601
Moved By: Phylis Friesen
Seconded By: Duane Whyte
RESOLVED that By-Law No. 21/2017 being a by-law of the Town of Swan River to amend its By-Law No. 5/2017 which provided for the expenditure and borrowing of the purchase of fire fighter equipment – 15 Self Contained Breathing Apparatus (SCBAs), mobile rack and batteries be read a second time.
CARRIED
7.8 By-Law No. 21/2017 to amend the SCBAs Borrowing By-Law No. 5/2017 – 3rd reading
Resolution No: 2017.602
Moved By: Phylis Friesen
Seconded By: Jason Sakal
RESOLVED that By-Law No. 21/2017 being a by-law of the Town of Swan River to amend its By-Law No. 5/2017 which provided for the expenditure and borrowing of the purchase of fire fighter equipment – 15 Self Contained Breathing Apparatus (SCBAs), mobile rack and batteries be read a third time and be passed.
Jason Delaurier – yes
Phylis Friesen – yes
Lance Jacobson – yes
Glen McKenzie – yes
David Moriaux – yes
Jason Sakal – yes
Duane Whyte – yes
CARRIED
7.9 By-Law No. 23/2017 Council Indemnities – 2nd reading
Resolution No: 2017.603
Moved By: Phylis Friesen
Seconded By: Jason Sakal
RESOLVED that By-Law No. 23/2017 being a by-law of the Town of Swan River authorizing the payment of remuneration to members of Council be read a second time.
CARRIED
7.10 By-Law No. 23/2017 Council Indemnities – 3rd reading
Resolution No: 2017.604
Moved By: Phylis Friesen
Seconded By: Duane Whyte
RESOLVED that By-Law No. 23/2017 being a by-law of the Town of Swan River authorizing the payment of remuneration to members of Council be read a third time and be passed.
Jason Delaurier – yes
Phylis Friesen – yes
Lance Jacobson – yes
Glen McKenzie – yes
David Moriaux – yes
Jason Sakal – yes
Duane Whyte – yes
CARRIED
7.11 By-Law No. 25/2017 Sunday and Holiday Shopping – 2nd reading
Resolution No: 2017.605
Moved By: Phylis Friesen
Seconded By: Duane Whyte
RESOLVED that By-Law No. 25/2017 being a by-law of the Town of Swan River to permit holiday and Sunday shopping in the Town of Swan River be read a second time.
Jason Delaurier – yes
Phylis Friesen – no
Lance Jacobson – yes
Glen McKenzie – no
David Moriaux – yes
Jason Sakal – yes
Duane Whyte – no
CARRIED
7.12 By-Law No. 25/2017 Sunday and Holiday Shopping – 3rd reading
Resolution No: 2017.606
Moved By: Duane Whyte
Seconded By: Jason Sakal
RESOLVED that By-Law No. 25/2017 being a by-law of the Town of Swan River to permit holiday and Sunday shopping in the Town of Swan River be read a third time and be passed.
Jason Delaurier – yes
Phylis Friesen – no
Lance Jacobson – yes
Glen McKenzie – no
David Moriaux – yes
Jason Sakal – yes
Duane Whyte – no
CARRIED
8 Other resolutions
8.1 To approve accounts
Resolution No: 2017.607
Moved By: Duane Whyte
Seconded By: Jason Sakal
RESOLVED that the accounts as follows be hereby approved for payment:
1. General Accounts from Cheque No. 21694 to No. 21790 for a total of $365,961.61.
2. Payroll Account from Cheque No. 4118 to No. 4131 for a total of $140,787.47.
CARRIED
8.2 to allow cannabis to be sold from a retail location
Resolution No: 2017.608
Moved By: Duane Whyte
Seconded By: Phylis Friesen
WHEREAS the Government of Canada has confirmed its intention to make cannabis a legal substance in Canada effective July 2, 2018;
AND WHEREAS the Government of Manitoba has acknowledged that the timeline is very tight, but has announced its initial Provincial plans for regulation, distribution and retailing of cannabis in Manitoba. The Province has opened a Request for Proposals process for private sector organizations who may wish to provide distribution and retail facilities to cover the majority of the province and has included the opportunity for on-line sale provisions;
AND WHEREAS on November 28, 2017, the Minister of Growth, Enterprise and Training announced at the Association of Manitoba Municipalities (AMM) Convention that he wished to receive an indication from municipalities as to their intention to work with the Province in establishing the zoning, locations and other parameters with respect to the distribution of cannabis within municipalities through the province. The Province has asked for a response from municipalities by December 22, 2017. This information is being collected through the AMM for immediate-term planning purposes;
THEREFORE BE IT RESOLVED that the Town of Swan River immediately respond in the affirmative to the Minister of Growth, Enterprise and Training through the AMM survey that the Town of Swan River be allowing cannabis to be sold from retail location(s) within the municipality. A copy of this resolution is also to be forwarded to the Minister of Growth, Enterprise and Training prior to the December 22, 2017 deadline;
FURTHER BE IT RESOLVED that the Town of Swan River reserves the right to change its position on this matter and that the above affirmative response is not binding upon the Town of Swan River.
Jason Delaurier – yes
Phylis Friesen – yes
Lance Jacobson – yes
Glen McKenzie – yes
David Moriaux- yes
Jason Sakal- yes
Duane Whyte- yes
CARRIED
8.3 to approve payment of the SV Inter-Agency 2017 annual membership fee
Resolution No: 2017.609
Moved By: Duane Whyte
Seconded By: Phylis Friesen
RESOLVED that the Swan Valley Inter-Agency 2017 annual membership fee of $100.00 be approved for payment.
CARRIED
8.4 to write off uncollectable invoices
Resolution No: 2017.610
Moved By: Duane Whyte
Seconded By: Phylis Friesen
WHEREAS the attached amounts receivable have been outstanding for some time;
AND WHEREAS management feels that these amounts are uncollectable;
THEREFORE BE IT RESOLVED THAT we do hereby write off the amounts receivable totaling $9,966.01 as attached.
CARRIED
8.5 to transfer from General Reserve Fund
Resolution No: 2017.611
Moved By: Duane Whyte
Seconded By: Phylis Friesen
WHEREAS the Capital Budget for the Year 2017 included “Office – Flags/furniture/railings” to be borne by General Reserve to a total of $14,800.00;
AND WHEREAS Flag Poles have been purchased at a cost of $3,240.00;
BE IT RESOLVED that $3,240.00 be transferred from the General Reserve Fund to the General Operating Fund.
CARRIED
8.6 to transfer from Handi Transit Van Replacement Reserve Fund
Resolution No: 2017.612
Moved By: Jason Delaurier
Seconded By: Lance Jacobson
WHEREAS the Swan River Handi Transit Van Budget for the Year 2017 included $105,600.00 for a “Handi Van Storage Building” with $26,400.00 to be borne by the Handi Transit Van Replacement Reserve;
AND WHEREAS costs incurred to date for said Building total $69,979.14;
THEREFORE BE IT RESOLVED that $26,400.00 be transferred from the Handi Transit Van Replacement Reserve Fund to the General Operating Fund.
CARRIED
8.7 to hire casual Customer Service Representative
Resolution No: 2017.613
Moved By: Jason Delaurier
Seconded By: Lance Jacobson
RESOLVED that Nyle Williams be hired as a casual Customer Service Representative effective December 5th, 2017.
CARRIED
8.8 to hire part-time Customer Service Representative for term position
Resolution No: 2017.614
Moved By: Jason Delaurier
Seconded By: Lance Jacobson
RESOLVED that Michele Doverspike be hired as a part-time Customer Service Representative for a term position (to March 31, 2018) effective Dec. 12th, 2017.
CARRIED
8.9 to transfer from Water and Sewer Reserve Fund
Resolution No: 2017.615
Moved By: Jason Delaurier
Seconded By: Lance Jacobson
WHEREAS the Capital Budget for the Year 2017 included $300,000.00 for “13th Ave N W/S Renewal” with $250,000.00 to be borne by the Water and Sewer Reserve;
AND WHEREAS costs incurred to date for such total $373,915.24;
THEREFORE BE IT RESOLVED that $250,000.00 be transferred from the Water and Sewer Reserve Fund to the Utility Operating Fund.
CARRIED
8.10 to transfer from Employee Benefits Reserve Fund
Resolution No: 2017.616
Moved By: Jason Delaurier
Seconded By: Lance Jacobson
WHEREAS the Financial Plan for the Year 2017 included a withdrawal from the Employee Benefits Reserve in the amount of $38,828.93;
AND WHEREAS the total expense resulting from the increase in the estimated pre-retirement bonus entitlement liability from December 31, 2016 to December 31, 2017 is calculated as $40,611.96;
THEREFORE BE IT RESOLVED that $38,838.93 be transferred from the Employee Benefits Reserve Fund to the General Operating Fund to offset the pre-retirement bonus entitlement expense.
CARRIED
8.11 to transfer from Recreation Facilities Reserve Fund
Resolution No: 2017.617
Moved By: Jason Delaurier
Seconded By: Lance Jacobson
WHEREAS the Richardson Recreation and Wellness Centre Budget for the Year 2017 included $28,000.00 reserve transfer for “h/w tank, dectron, pumps”;
AND WHEREAS purchases have been made for Dectron expansion module replacement $2,066.04, outdoor condenser unit replacement $3,898.80 and Dectron compressor contactor replacements $1,140.48;
THEREFORE BE IT RESOLVED that $7,105.32 be transferred from the Recreation Facilities Reserve Fund to the General Operating Fund for the purchases.
CARRIED
8.12 to transfer from Recreation Facilities Reserve Fund
Resolution No: 2017.618
Moved By: Lance Jacobson
Seconded By: Jason Delaurier
WHEREAS the Richardson Recreation and Wellness Centre Budget for the Year 2017 included $28,000.00 reserve transfer for “h/w tank, dectron, pumps”;
AND WHEREAS such pumps will be ordered at an approximate cost of $3,000.00;
BE IT HEREBY RESOLVED that the lesser of $3,000.00 or the actual cost of the pumps be transferred from the Recreation Facilities Reserve Fund to the General Operating Fund.
CARRIED
8.13 to transfer from Federal Gas Tax Reserve Fund
Resolution No: 2017.619
Moved By: Jason Delaurier
Seconded By: Lance Jacobson
WHEREAS the Capital Budget for the Year 2017 included $45,000.00 for “Sidewalk – various areas” to be Borne by Gas Tax Reserve;
AND WHEREAS such Sidewalk has been installed at a cost of $5,212.46;
THEREFORE BE IT RESOLVED that the $5,212.46 be transferred from the Federal Gas Tax Reserve Fund to the General Operating Fund.
CARRIED
8.14 to transfer from Federal Gas Tax Reserve Fund
Resolution No: 2017.620
Moved By: Lance Jacobson
Seconded By: Jason Delaurier
WHEREAS the Capital Budget for the Year 2017 included $65,000.00 for “6th Ave. Storm Sewer Outlet” to be Borne by Gas Tax Reserve;
AND WHEREAS costs recorded to date for the project total $58,940.03;
THEREFORE BE IT RESOLVED that the lesser of $65,000.00 or the actual cost of the project be transferred from the Federal Gas Tax Reserve Fund to the General Operating Fund once the actual cost has been determined.
CARRIED
9 In Camera
Resolution No: 2017.621
Moved By: Jason Delaurier
Seconded By: Lance Jacobson
RESOLVED that, pursuant to Section 152(3) of the Municipal Act, Council go into Committee and close the meeting to the public.
CARRIED
10 Out of Camera
Resolution No: 2017.622
Moved By: Lance Jacobson
Seconded By: Jason Delaurier
RESOLVED that pursuant to Sections 152(4) of the Municipal Act this meeting be reopened to the public.
CARRIED
11 Adjournment
Resolution No: 2017.623
Moved By: Lance Jacobson
Seconded By: Jason Delaurier
RESOLVED that this regular Meeting of Council now adjourn.
CARRIED