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 14th day of April, 2020 at 7:06 pm.
Present:
Reeve: William Galloway
Councillors: Carrie Blosha
Glen Foster (via phone)
Bill Gade (via phone)
Matt Wills
Tyler Kushniryk (via phone)
Darryl Pierrepont (via phone) (arrived at 7:50 p.m.)
Interim-Acting CAO: Ken Jenkins
Administration: Donna Potts
Delegations: Via Teleconference – Conex at 7:15 pm.
1. CARRIE BLOSHA
MATT WILLS
WHEREAS a request has been received to add items to the Meeting Agenda for April 14th, 2020 and such requests must be approved by the members of Council present at the meeting;
THEREFORE BE IT RESOLVED that item No. 7.5 and 7.6 shall be added to this April 14th, 2020 Agenda.
Carried.
2. MATT WILLS
CARRIE BLOSHA
RESOLVED that the Minutes for the Regular Meeting of the Council for the Municipality of Swan Valley West held on March 24th, 2020 shall be adopted as received.
Carried.
3. GLEN FOSTER (Via Phone)
TYLER KUSHNIRYK (Via Phone)
RESOLVED that the following grant be approved for payment, and provided for in the 2020 Financial Plan:
-Kenville Community Hall for beautification program in the amount of $618.17 for flowers, containers and delivery.
Carried.
4. CARRIE BLOSHA
TYLER KUSHNIRYK (Via Phone)
WHEREAS under Section 252(2) of the Municipal Act, the amount of costs set for the services and supplies owing to the municipality can be collected in the same manner as a tax may be collected or enforced under this Act;
THEREFORE BE IT RESOLVED that the outstanding Utilities as per attached list of Account Numbers / Service addresses owing to the Municipality of Swan Valley West as of today’s date shall be moved to the tax roll for the appropriate property and a notice shall be sent to all property owners reporting the amount moved to the tax roll and the current outstanding balance as a result of this application of amounts owning to the municipality.
Carried.
5. TYLER KUSHNIRYK (Via Phone)
GLEN FOSTER (Via Phone)
WHEREAS the Council of the Municipality of Swan Valley Wet wishes to reduce the risk of spreading the COVID-19 virus through any of its facilities;
AND WHEREAS the Province of Manitoba has mandated that public gatherings cannot exceed ten (10) people;
THEREFORE BE IT RESOLVED THAT Council hereby authorizes the closure to the public of the following:
1. The Municipal Offices including the LUD of Benito
2. All Public Works Facilities including those within the LUD of Benito
3. Benito Recreation Center and surrounding grounds.
Carried.
**Counsellor Pierrepont joined Teleconference at 7:50 pm.
6. MATT WILLS
CARRIE BLOSHA
WHEREAS the Council of the municipality of Swan Valley West has reason to believe that on or before and since October 24, 2018; one or more individuals without authorization accessed the municipal computer system and records; which resulted in both unauthorized downloads of information and the altering of certain information;
THEREFORE BE IT RESOLVED THAT the Chief Administrative officer be authorized to engage an expert in computer Cybersecurity analysis to determine who accessed the computer system, what was downloaded and what was altered in the documents;
AND FURTHER BE IT RESOLVED THAT following the completion of the report that the C.A.O. if warranted by the report be authorized to take such civil action proceedings as are available to the municipality for the breach of the computer system and alteration of documents; including if warranted to contact the R.C.M.P. to discuss the potential of criminal charges if the perpetrator (s) become known following the Cyber security expert review.
Carried.
7. MATT WILLS
DARRYL PIERREPONT
WHEREAS the well-being and the interests of and the proper conduct of Council and the administration of municipal business requires Council members adhere to and honor Section 83(1)(d) of the Municipal Act; to keep in confidence matters discussed in a meeting of Council closed to the public;
AND WHEREAS the interest of the Municipality are harmed when there is a failure by a member of Council to maintain such confidence;
AND WHEREAS Councillor Bill Gade has been advised on several occasions that he has breached his duties under Section 83(1) of the Municipal Act and has been requested that he refrain from further disclosures; and in the months of June 2019 and January 2020; Councillor Gade deliberately and knowingly breached his duties under Section 83(1) of the Municipal Act;
THEREFORE BE IT RESOLVED THAT Council sanction Councillor Gade and declare that he breached the requirement of confidentiality under Section 83(1)(d) of the Municipal Act by failing to keep in confidence, confidential information received in a meeting of Council, closed to the public under Section 152(3) of the Municipal Act and which confidential information is to remain confidential and only the nature of the matter itself may be revealed when the matters are discussed or disclosed by Council.
AND FURTHER BE IT RESOLVED THAT Council seek the resignation of Councillor Gade by Friday April 24, 2020 under Section 104(1) of the Municipal Act as being disqualified because of Section 94(1)(h);
AND FURTHER BE IT RESOLVED THAT failure to receive the resignation by April 24, 2020; Council may instruct the Chief Administrative Officer to commence legal proceedings with its legal Counsel for an application before the courts declaring Councillor Gade to be disqualified and his position on the Council of the Municipality of Swan Valley West to be declared vacant under Section 95(4) of the Municipal Act.
In Favour: 6
Opposed: 1
Carried.
8. GLEN FOSTER (Via Phone)
TYLER KUSHNIRYK (Via Phone)
RESOLVED that the Council for the Municipality of Swan Valley West does hereby approve the following payments:
General Cheques #15981 to #16014 in the amount of $71,361.33
Carried.
9. MATT WILLS
CARRIE BLOSHA
RESOLVED that the Council for the Municipality of Swan Valley West does hereby approve the following payments:
Payroll Cheques #3056 to #3069 in the amount of $18,151.82
Carried.
10. MATT WILLS
GLEN FOSTER (Via Phone)
RESOLVED that the Council for the municipality of Swan Valley West does hereby approved the following payments:
Indemnity Cheques for March 2020 in the amount of $9,355.50
Carried.
11. GLEN FOSTER (Via Phone)
TYLER KUSHNIRYK (Via Phone)
BE IT RESOLVED THAT Council accept the tender received from Timberline Transport Ltd. for the 2020 Gravel Hauling Program; said tender being the most competitive of the three received.
Carried.
12. MATT WILLS
DARRYL PIERRPONT (Via Phone)
BE IT RESOLVED that the Council accept the quotation received from Fort Distributors Ltd. to supply Magnesium Chloride for the 2020 Dust Control program at a cost $.35/litre (prince to include GST, supply & application); said quote being the lowest received;
Carried.
13. MATT WILLS
GLEN FOSTER (Via Phone)
RESOLVED that we do hereby accept the following verbal reports regarding Council Committees and Communications;
T. Kushniryk: N/A
C. Blosha: N/A ; Green Team accepted?
M. Wills: Transportation Mtg via phone
D. Pierrepont: Transportation Mtg
B. Gade: N/A
G. Foster: Transportation Mtg via phone, Landfill question regarding COVID-19
Reeve, Galloway: Transportation Mtg
IA CAO, K Jenkins: Water Treatment Study, Letter to Minister.
Carried.
14. MATT WILLS
TYLER KUSHNIRYK (Via Phone)
RESOLVED that pursuant to Section 152(3) of the Municipal Act, the Council as a whole shall go into camera and close the meeting to continue discussions regarding :
-Recycling
-Staffing
-Video Taping
-Financial Statement and Budget
Carried.
15. MATT WILLS
GLEN FOSTER (Via Phone)
RESOLVED that pursuant to Section 152(4) of the Municipal Act, this meeting shall be re-opened to the public.
Carried.
16. TYLER KUSHNIRYK (Via Phone)
CARRIE BLOSHA
WHEREAS Council believes it to be in the best interest of the Municipality to video tape the Regular Meetings of Council;
THEREFORE BE IT RESOLVED THAT Council accept the quote dated February 6, 2020 from Mountain Dweller Media;
AND FURTHER BE IT RESOLVED THAT Council authorize the Reeve and CAO to sign the contract for the balance of 2020 between the Municipality of Swan Valley West and Mountain Dweller Media.
Carried.
17. MATT WILLS
CARRIE BLOSHA
RESOLVED that a maximum of $80,000.00 plus Buyer’s fees can be spent on the purchase of a Tandem Truck at Auction.
FURTHER BE IT RESOLVED that the Reeve, Councillor Foster and Councillor Kushniryk be allowed to bid at the Richie Brother’s Auction.
In Favour: 5
Opposed: 1
Carried.
18. GLEN FOSTER (Via Phone)
TYLER KUSHNIRYK (Via Phone)
RESOLVED that this meeting shall now adjourn at 10;30 p.m.
BE IT FURTHER RESOLVED that the next meeting is Tuesday, April 28th, 2020 at 7:00 p.m.
Carried.