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 17th day of December, 2019 at 7:00 pm.
Present:
Reeve: William Galloway (by phone)
Councillors: Carrie Blosha
Glen Foster
Bill Gade
Matt Wills
Tyler Kushniryk
Interim-Acting CAO: Cheryle Zbirun
Absent with Prior Written Notice: Darryl Pierrepont
Delegation: Meredith Salama
1. TYLER KUSHNIRYK
MATT WILLS
RESOLVED that Reeve, William Galloway, be approved to attend the Regular Meeting of Council on Tuesday, December 17, 2019 via conference call.
Carried.
2. BILL GADE
TYLER KUSNIRYK
RESOLVED that the notice of absence submitted by Member of Council, Darryl Pierrepont, regarding the Regular Meeting of Council held this 17th day of December, 2019 shall be accepted as received.
Carried.
3. GLEN FOSTER
BILL GADE
RESOLVED that the Agenda for the Regular Meeting of Council held this 17th day of December, 2019 shall be adopted as presented.
Carried.
4. TYLER KUSHNIRYK
GLEN FOSTER
RESOLVED that the minutes from the Regular Council Meeting of November 13, 2019 and December 3rd, 2019 shall be approved as presented.
Carried.
5. GLEN FOSTER
MATT WILLS
RESOLVED that the Swan River Fire Department Response Report for the month of November, 2019 shall be received by the Council for the Municipality of Swan Valley West.
Carried.
6. MATT WILLS
TYLER KUSHNIRYK
RESOLVED that By-Law No. 0080-19, being a by-law of the Municipality of Swan Valley West to govern the organization of the municipal council and the committees thereof, shall be introduced and read a first time this 17th day of December, 2019.
Carried.
7. GLEN FOSTER
TYLER KUSHNIRYK
RESOLVED that By-Law No. 0080-19, being a by-law of the Municipality of Swan Valley West to govern the organization of the municipal council and the committees thereof, shall be read a second time this 17th day of December, 2019.
Galloway – Yes
Wills – Yes
Pierrepont – Absent
Blosha – Yes
Foster – Yes
Gade – No
Kushniryk – Yes
Carried.
8. GLEN FOSTER
MATT WILLS
RESOLVED that By-Law No. 0076-19, being a by-law of the Municipality of Swan Valley West to regulate the proceedings and conduct of the municipal council and the committees thereof, shall be read a third time this 17th day of December, 2019, signed by the Deputy Reeve and signed & sealed by the Interim Acting – Chief Administrative Officer.
Galloway – Yes
Wills – Yes
Blosha – Yes
Pierrepont – Absent
Glen Foster – Yes
Kushniryk – Yes
Gade – Abstained
**Councillor Gade Abstained From Voting for the Following Reason**
I abstain from voting on this bylaw for two reasons. The first is that it contains provisions that are not consistent with the municipal act and in my opinion are illegal. The inclusion of these clauses will leave council open to a legal challenge should they be used. The act is being amended to allow various methods of punishment for members of council but those amendments are not yet in force. Once they are in force, they will come along with a stringent protocol for how investigations must be conducted in a fair and open manner. That protocol will also provide for appeals and provincially standardized levels of punishment. This bylaw provides for no legitimate investigation process nor does it provide for any appeal. It essentially declares council judge, jury and executioner. This concept is NOT supported by the soon to be enacted law. It is also not supported by the act in its current state. The current act provides that the only punishment allowed by council is censure.
My second reason for abstaining is that council appears to be trying to pass a bylaw to endorse its previous bad behavior. Council had already voted to punish me by removing me from committees and will likely face a legal challenge to their decision. At the time of their decision this bylaw was not in force and no other bylaw or legislation provided authority for their actions. The municipal act precludes council from acting retroactively. It is not permissible to attempt to excuse councils past behavior by now attempting to “make it legal”.
As provided under the provisions of the act, these written reasons for my abstention MUST be recorded in the minutes and published in the Star and Times when the minutes themselves are published.
Carried.
9. TYLER KUSHNIRYK
BILL GADE
RESOLVED that the following Grants be approved for payment, as provided for in the 2019 Financial Plan:
Lavender Good Neighbors Centre $1000.00
Carried.
10. TYLER KUSHNIRYK
GLEN FOSTER
RESOLVED that Council for the Municipality of Swan Valley West agree to purchase $25.00 chamber buck certificates for each employee and a $5.00 Tim Hortons gift card as a token of their appreciation and holiday gift.
Carried.
11. GLEN FOSTER
TYLER KUSHNIRYK
RESOLVED that the Council of the Municipality of Swan Valley West does hereby approve the following payments:
General Cheques #015707 to #015746 in the amount of $63,685.06
Carried.
12. TYLER KUSNIRYK
GLEN FOSTER
RESOLVED that the Council of the Municipality of Swan Valley West does hereby approve the following payments:
November 30th, 2019 Payroll Payments #2881 to #2893 in the amount of $14,793.80
December 15th, 2019 Payroll Payments #2894 to #2905 n the amount o $15,454.58
For a Grand Total of $30,248.38
Carried.
13. TYLER KUSHNIRYK
BILL GADE
THEREFORE BE IT RESOLVED that Council approve the application to Hometown Green Team 2020 for:
Two Urban Public Works
Two Rural Public Works
Carried.
14. MATT WILLS
BILL GADE
RESOLVED Council authorize the CAO to enroll up to three staff members to attend the MuniSoft Conference and training in Regina, SK, September 15th – 17th, 2020, and all expenses shall be paid as per municipal policy.
Carried.
15. GLEN FOSTER
MATT WILLS
RESOLVED that we do hereby accept the following verbal reports regarding Council Committees and Communications:
T. Kushniryk – Transportation Mtg
C. Blosha – LUD Mtg, Transportation Mtg
M. Wills – AMM, Transportation Mtg & LUD Mtg
D. Pierrepont – Absent
B. Gade – Ratepayer Concerns
G. Foster – AMM, & Transportation Mtg
Reeve, Galloway – Transportation Mtg
Carried.
**NOTICE OF MOTION**
I, Councillor Tyler Kushniryk do hereby give written notice that I will, at the next regular meeting of council, introduce a motion to reconsider Resolution No. 12, dated December 3rd, 2019 regarding employee appreciation.
16. GLEN FOSTER
TYLER KUSHNIRYK
RESOLVED that this meeting shall now adjourn at 8:34 p.m.
Carried.