Swan Valley West Minutes – February 23, 2021

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 23rd day of February, 2021 at 7:01 pm.


Due to COVID-19 restrictions, some members are attending by phone due to numbers allowed.

Present:
Reeve: William Galloway
Councillors: Carrie Blosha
Glen Foster
Bill Gade (via phone)
Matt Wills
Tyler Kushniryk Darryl Pierrepont (via phone)
FO/ACAO: James Webb
Podcast: Jeremy Bergen (via phone)

Absent With Prior Written Notice: N/A
Delegations: N/A
Attending Gallery via teleconference –Meredith Salama, Marty Thomas, Bob Thomas, Ron Medwid, Brad Kushniryk

1. MATT WILLS
GLEN FOSTER
RESOLVED that the Agenda for the Regular Meeting of Council held this 23RD day of February, 2021 shall be adopted as amended.
Carried.

2. CARRIE BLOSHA
TYLER KUSHNIRYK
RESOLVED that the Minutes for the Regular Meeting, of Council for the Municipality of Swan Valley West held on February 9th, 2021 shall be adopted as presented.
Carried.

3. MATT WILLS
GLEN FOSTER
RESOLVED that Council for Municipality of Swan Valley West has received the LUD Committee Minutes of January, 2021.
Carried.

4. MATT WILLS
DARRYL PIERREPONT (via phone)
RESOLVED that the Council of the Municipality of Swan Valley West does hereby rescind Resolution No. 4 of the Special Meeting dated February 1st, 2021 regarding accepting the quote from Harbuilt Construction Ltd. for Bridge Repairs, as the contractor is unable to complete the repairs as quoted.
Carried.
In Favour: 6
Opposed: 0
Abstained: 1

5. CARRIE BLOSHA
GLEN FOSTER
WHEREAS a recommendation has been brought forward from the Transportation Committee, regarding repairs to Wittmier and Crestview Bridges, to hire Samson Developments inc., as the lowest valid quote submitted for the design build tender advertised, and;
BE IT FURTHER RESOLVED that the quote from Samson Developments Inc. for $372,667 plus tax, be hereby accepted as received.
Blosha – yes
Foster – yes
Galloway – yes
Wills – yes
Gade – Abstain
Kushniryk – yes
Pierrepont – yes
Carried.

6. MATT WILLS
TYLER KUSHNIRYK
WHEREAS a recommendation has been brought forward from the Transportation Committee, regarding repairs to Wittmier and Crestview Bridges, to set aside a $40,000 contingency for any repairs that may be required to maintain the bridges at the recommended safety standard, bridges will be further inspected once the decks have been removed, and;
BE IT FURTHER RESOLVED that the council approve the recommended contingency of $40,000 for bridge repairs that may be required once bridges are further inspected.
Carried.

7. BILL GADE (via phone)
TYLER KUSHNIRYK
RESOLVED THAT the Council of the Municipality of Swan Valley West does hereby rescind / reverse Resolution No. 8 of the December 8th, 2020 Regular Meeting of Council regarding the tax year as there was a misunderstanding of the year in question.
Carried.

8. CARRIE BLOSHA
DARRYL PIERREPONT (via phone)
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 2020 (meaning all properties with outstanding taxes from the year 2019 or prior), and;
BE IT FURTHER RESOLVED THAT in accordance with s. 363(1) of the Municipal Act, “costs” shall be the actual costs incurred by the municipality for each parcel listed for the tax sale, and;
BE IT FURTHER RESOLVED THAT Taxervice shall be hired to manage the Tax Sale for the municipality during the Fiscal Year 2021.
Carried.

9. TYLER KUSHNIRYK
CARRIE BLOSHA
WHEREAS Council is aware that nuisance beaver continues to be a problem in the rural municipality for landowners, and;
WHEREAS the Municipality continues to hire Trappers to remove problem beavers, and;
THEREFORE BE IT RESOLVED that Council for the Municipality of Swan Valley West shall approve the application for cost share funding through the Provincial Farmland Beaver Program to help off-set costs in continuing this practice.
Carried.

10. CARRIE BLOSHA
GLEN FOSTER
WHEREAS the owners of PT. NE ¼ SEC. 19-36-27 WPM have made an application to subdivide their property, and;
WHEREAS the Council for the Municipality of Swan Valley West has reviewed said application, along with the letter received from Community and Regional Planning dated February 11th, 2021 and have no objections to the aforementioned subdivision;
THEREFORE BE IT RESOLVED we do hereby approve the Subdivision of the aforementioned property, provided all conditions and requirements set out in said letter from the Province of Manitoba, Community and Regional Planning Branch are met;
BE IT FURTHER RESOLVED that the Applicant needs to apply for a zoning amendment as outlined in said Report to Council from the Province of Manitoba, Community and Regional Planning Branch.
Carried.

11. MATT WILLS
GLEN FOSTER
WHEREAS Section 4 of By-Law #0039-16 states that an application for a Burning Permit is not valid until endorsed by a designated officer;
THEREFORE BE IT RESOLVED that the following be named designated officers and authorized to sign the Burning Permits:
Debbie Love, Deborah Schaefer, Donna Potts, and James Webb.
Carried.

12. MATT WILLS
GLEN FOSTER
WHEREAS the Benito Lagoon requires an environmental license from Manitoba Conservation and Climate for the continued operation of the wastewater treatment lagoon and JR Cousin Consultants Ltd. has drafted the Environmental Act Proposal to support the application and is ready to submit for approval.
THEREFORE BE IT RESOLVED THAT the Council of Swan Valley West does approve the EAP draft prepared by JR Cousin Consultants and have them submit the proposal along with the required fee for the Environmental Review to be completed.
Carried.

13. MATT WILLS
TYLER KUSHNIRYK
WHEREAS the Municipality of Swan Valley West’s Media Relations Policy states: The Council of the Municipality of Swan Valley West will be designating a Media Spokesperson for the municipality by Resolution of Council. The policy also states; “The purpose of this ‘Guidelines for Media Communications’ document is to ensure that the Municipality’s mission, goals, objectives and best interest are accurately reflected in every media release.”
THEREFORE BE IT RESOLVED THAT Council does hereby appoint the Reeve and CAO as the Media Spokespersons for the Municipality. All Councillors and Staff shall refer Media questions and requests to the Reeve and CAO. Councillors and Staff shall not release any unauthorized information to any form of media.
Blosha – yes
Gade – yes
Wills – yes
Pierrepont – yes
Kushniryk – yes
Galloway – yes
Foster – yes
Carried.

14. MATT WILLS
TYLER KUSHNIRYK
RESOLVED that the Council for the Municipality of Swan Valley West does hereby approve the following payments:
General Cheques: #16739 to #16764 in the amount of $40,558.46
For a Grand Total of $40,558.46
Carried.

15. CARRIE BLOSHA
GLEN FOSTER
RESOLVED that the Council for the Municipality of Swan Valley West does hereby approve the following payments:
Payroll Payments: #3512 to #3525 in the amount of $14,825.82
For a Grand Total of $14,825.82
Carried.

16. TYLER KUSHNIRYK
MATT WILLS
WHEREAS Council for the Municipality of Swan Valley West knows the importance of education for the future of our children, and;
THEREFORE BE IT RESOLVED that Council of the Municipality of Swan Valley West would like to send a letter of support for the continuation of said education through the Swan Valley School Division and its School Board.
FURTHER BE IT RESOLVED that we support said education, and that any changes or recommendations be reviewed in an open forum so as to allow input from all stakeholders.
Carried.

17. CARRIE BLOSHA
TYLER KUSHNIRYK
RESOLVED that we do hereby accept the following verbal reports regarding Council Committees and Communications;
– T. Kushniryk: RISE, Transportation
– C. Blosha: LUD, Transportation
– M. Wills: Transportation, Planning
– D. Pierrepont: Transportation
– B. Gade: Water in Benito
– G. Foster: Transportation
– Reeve, Galloway: Dan Mazier, Swan Valley Consortium, Transportation, RISE, Planning
– ACAO/FO, James Webb: LUD, Transportation
Carried.

18. TYLER KUSHNIRYK
GLEN FOSTER
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:
Dale Rose, By-Law Enforcement Officer joined the meeting
13.1 Employee Matters
13.2 Tax Sale Agreements
13.3 LUD Service Plan
13.4 Property in LUD
Tyler Kushniryk left the meeting at 8:54 p.m.
13.5 Dog By-Law Enforcement
Tyler Kushniryk returned to the meeting
Dale Rose, By-Law Enforcement Officer left the meeting
13.6 Recycling
13.7 Code of Conduct
Carried.

19. GLEN FOSTER
MATT WILLS
RESOLVED that pursuant to Section 152(4) of the Municipal Act, this meeting shall be re-opened to the public.
Carried.

20. CARRIE BLOSHA
TYLER KUSHNIRYK
WHEREAS Subsection 369(1) of The Municipal Act provides as follows;
369(1) A municipality may cancel or adjourn an auction of a particular property at any time before it begins if
(b) the property owner enters into an agreement with the municipality for payment of the arrears and costs
WHEREAS several property owners requested to enter into an agreement with the municipality for payments of the 2019, 2020 taxes and costs.
RESOLVED that the Council of the Municipality of Swan Valley West does hereby agree to payment arrangements and removal of the 2021 tax sale list for said properties and;
BE IT FURTHER RESOLVED that the Reeve shall be authorized to sign agreements on behalf of the municipality.
Carried.

21. MATT WILLS
TYLER KUSHNIRYK
WHEREAS the provincially approved third party intake reviewer has dismissed Code of Conduct Complaint #5 based on the person referenced in the complaint not being named directly in the media post.
THEREFORE BE IT RESOLVED THAT Council hereby accepts the decision to dismiss the said complaint.
Carried.

22. MATT WILLS
TYLER KUSHNIRYK
WHEREAS the provincially approved third party intake reviewer has dismissed Code of Conduct Complaint #6 based on the volume of material submitted, it still failed to disclose or provide substantiation for the alleged violations, the complaints were frivolous, vexatious and for the most part, outside the scope of the legislation.
THEREFORE BE IT RESOLVED THAT Council hereby accepts the decision to dismiss the said complaint.
Carried.

23. GLEN FOSTER
TYLER KUSHNIRYK
RESOLVED that this meeting shall now adjourn at 9:55 p.m.
BE IT FURTHER RESOLVED that the next meeting is Tuesday, March 9th, 2021 at 7:00 pm.
Carried.