Town of Swan River Minutes – September 7, 2021

The Council of the Town of Swan River met on Tuesday, September 7th, 2021 at 7:30 pm in the Town Council Chambers with Mayor Jacobson presiding along with Deputy Mayor Wintoniw, and Councillors Delaurier, Friesen, Bobick, Moriaux, and Whyte in person.

Also Present:
CAO D. Poole, CFO T. Gnida, Fire Chief D. Fedorchuk, Dir. of Recreation B. Fedorchuk, Dir. of Works D. Harvey, U. Waldner

Public Hearing Attendees:

Delegation Attendees:

Media: Jeremy Bergen, Star and Times

1. Call meeting to order

Mayor Jacobson called the meeting to order at 7:30pm.

2. Adoption of the Agenda

Resolution No: 2021-1031
Moved By: Duane Whyte
Seconded By: Phylis Friesen
RESOLVED that the agenda for the September 7th, 2021 regular meeting of Council be adopted.
Carried

3. Confirmation of the minutes

Resolution No: 2021-1032
Moved By: Johnny Wintoniw
Seconded By: Don Bobick
RESOLVED the minutes of the August 3rd regular meeting, and the August 18th special meeting, be approved.
Carried

4. Reception of Delegations and Hearings

5. Reception of Petitions

6. Communications

6.1 RCMP Apr-Jun quarter invoice package

Resolution No: 2021-1033
Moved By: Johnny Wintoniw
Seconded By: Duane Whyte
RESOLVED that the RCMP April to June 2021 invoice package dated August 19, 2021 be received.
Carried

7. Reports of Committees

7.1 Director of Public Works Report

Resolution No: 2021-1034
Moved By: Phylis Friesen
Seconded By: Johnny Wintoniw
RESOLVED the Director of Public Works report be received.
Carried

7.2 Other Reports

7.2.1 Protective Service Report

Resolution No: 2021-1035
Moved By: Johnny Wintoniw
Seconded By: David Moriaux
RESOLVED the July and August protective service reports be received.
Carried

7.2.2 Handivan Report for July 2021

Resolution No: 2021-1036
Moved By: David Moriaux
Seconded By: Jason Delaurier
RESOLVED that the July 2021 Swan River Handi-Transit Van Report be received.
Carried

7.3 Council and CAO Reports

8. New Business

8.1 SVSD letter to Mayor- Bill 64

Resolution No: 2021-1037
Moved By: Duane Whyte
Seconded By: Jason Delaurier
WHEREAS School Boards are an important part of Canada’s political landscape and have helped build a universally accessible, publicly funded education system that is among the best in the world;
AND WHEREAS School Boards offer communities the opportunity to engage directly with local representatives and to participate in setting a vision for education. Communities can advocate for their educational values and can hold the representatives directly accountable for student achievement and a focus on equitable access to education;
AND WHEREAS School Boards reflect the values of the local community through essential programming, services and supports offered to the population they serve. Their operations are transparent and through community involvement and open dialogue they can build the trust that is necessary for good governance;
AND WHEREAS the Province of Manitoba’s proposed Bill 64 will eliminate School Boards and the critical role they play in local voices making local choices and our communities’ democratic participation in public education;
BE IT RESOLVED THAT THE Town of Swan River oppose the province of Manitoba’s plans, within Bill 64 – The Education Modernization Act, to remove local democratic accountability from public education;
AND BE IT FURTHER RESOLVED that it urges the Province of Manitoba to table or withdraw Bill 64, so that its legislation will maintain the right of the community to democratically elect its Local School Boards.
Carried

8.2 To receive Swan Valley RISE 2020 audited financial statements

Resolution No: 2021-1038
Moved By: Johnny Wintoniw
Seconded By: David Moriaux
RESOLVED that the Swan Valley Regional Initiative for a Strong Economy audited financial statements for the year ended December 31, 2020 be received.
Carried

8.3 CN – Support of Rail Safety Week- Sept 20th-26th, 2021

Resolution No: 2021-1039
Moved By: Duane Whyte
Seconded By: Johnny Wintoniw
Whereas Rail Safety Week is to be held across Canada from September 20 to 26, 2021;
Whereas it is in the public’s interest to raise citizens’ awareness of the dangers of ignoring safety warnings at level crossings and trespassing on rail property to reduce avoidable deaths, injuries and damage caused by incidents involving trains and citizens;
Whereas Operation Lifesaver is a public/private partnership whose aim is to work with the public, rail industry, governments, police services, media and others to raise railsafety awareness;
Whereas CN has requested the Town of Swan River Council adopt this resolution in support of its ongoing efforts to raise awareness, save lives and prevent injuries in communities;
Therfore be it RESOLVED the Town of Swan River support national Rail Safety Week to be held from September 20 to 26, 2021.
Carried

8.4 Motor Grader Purchase

Resolution No: 2021-1040
Moved By: David Moriaux
Seconded By: Don Bobick
RESOLVED that The Town of Swan River purchase a Johne Deere 770 GP from Brandt for $279,340 plus applicable taxes.
Carried

8.5 Amendment to MWSB Environmental Impact Assessment Agreement

Resolution No: 2021-1041
Moved By: David Moriaux
Seconded By: Phylis Friesen
RESOLVED that The Town of Swan River sign Amendment 1 of the Environmental Impact Assessment Agreement with the MWSB.
Carried

9. Unfinished Business

10. Accounts

10.1 To approve accounts

Resolution No: 2021-1042
Moved By: Johnny Wintoniw
Seconded By: Don Bobick
RESOLVED THAT the accounts as follows be hereby approved for payment:
1. General Account Cheques No. 27902 to No. 28028 totaling $2,272,385.59 as listed on Schedule A.
(Cheques No. 27921, 27923 and 27924 voided returned by Canada Post moved address unknown.)
2. Payroll Account Cheques No. 4918 to No. 4926 totaling $102,163.70 as listed on Schedule B.
3. Payroll Account Cheques No. 4927 to No. 4934 totaling $87,591.94 as listed on Schedule C.
4. Payroll Account Cheques No. 4935 to No. 4943 totaling $103,516.67 as listed on Schedule D.
5. Direct Deposit in the amount of $9,615.82 as per Schedule E.
6. Direct Deposits totaling $575.00 as listed on Schedule F.
7. Direct Deposit in the amount of $228,987.28 as per Schedule G.
8. Direct Deposit in the amount of $5,896.26 as per Schedule H.
Carried

10.2 To adopt the July 2021 financial statements

Resolution No: 2021-1043
Moved By: David Moriaux
Seconded By: Johnny Wintoniw
RESOLVED that the Financial Statements for the Seven Months Ending July 31st, 2021 be adopted as received.
Carried

10.3 To appoint signing officers for SV Employment & Training
Resolution No: 2021-1044
Moved By: Johnny Wintoniw
Seconded By: Duane Whyte
RESOLVED that the signing officers for Swan Valley Employment and Training Project’s two chequing accounts at Swan Valley Credit Union be Derek Poole and Terence Gnida;
FURTHER RESOLVED that Kim Kuruliak be removed as a signing officer for both accounts;
AND FURTHER RESOLVED that the Plan 24 account, and the account previously used for short term training and incidental costs for clients, be closed and their balances transferred to Swan Valley Employment and Training Project’s primary chequing account.
Carried

10.4 To approve assessment alterations

Resolution No: 2021-1045
Moved By: David Moriaux
Seconded By: Phylis Friesen
WHEREAS Section 326 of The Municipal Act provides that a municipality may impose supplementary taxes, and Subsections 300(6) and 300(6.1) provide that a municipality may cancel or reduce taxes, upon receipt of assessment alterations from Manitoba Assessment Services;
THEREFORE BE IT RESOLVED that the assessment alterations made by Manitoba Assessment Services on August 4th, 10th, 16th, 19th and 27th, 2021 be made to the 2021 Property and Business Tax Rolls, with the resulting increases totalling $5,337.89 and the resulting reductions totaling $8,162.87.
Carried

10.5 To add unpaid accounts to taxes
Resolution No: 2021-1046
Moved By: Johnny Wintoniw
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 $17,729.96;
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 October 1st, 2021.
Carried

11. By-Laws

11.1 First Reading – By-Law 11/2021, being a By-Law governing council indemnities

Resolution No: 2021-1047
Moved By: Duane Whyte
Seconded By: Phylis Friesen
RESOLVED that By-Law 11/2021, being a By-Law governing Council Indemnities, be received and read a first time.
Carried

11.2 First Reading By-Law 12/2021, being a By-Law to repeal By-Law 25/2017

Resolution No: 2021-1048
Moved By: Johnny Wintoniw
Seconded By: Jason Delaurier
WHEREAS the Province of Manitoba has passed Bill #4, which repealed the Shops Regulation Act and the Retail Business Holiday Closing Act, except for Remembrance Day hours between 9:00am and 1:00pm;
AND WHEREAS BIll #4 amends The Municipal Act to allow Municipalities to apply their own restrictions through By-Law;
THEREFORE BE IT RESOLVED THAT Town of Swan River By-Law 12/2021, being a by-law to repeal By-Law 25/2017, be read a first time.
Carried

11.3 First reading of By-Law 13/2021 amending 3/2020 Main Street water & sewer

Resolution No: 2021-1049
Moved By: Johnny Wintoniw
Seconded By: Don Bobick
RESOLVED that By-Law No. 13/2021 being a By-Law of the Town of Swan River to amend its By-Law No. 3/2020, which provided for the expenditure and borrowing of funds for rehabilitation of the water mains, water and sewer services, road structure and drainage, and the provisions for temporary water services, including all ancillary works thereof, on Main Street from Provincial Trunk Highway No. 83 to the CN Rail Crossing, be read a first time.
Carried

11.4 First reading of By-Law 14/2021 amending 9/2020 Wellness Centre repairs

Resolution No: 2021-1050
Moved By: David Moriaux
Seconded By: Phylis Friesen
RESOLVED that By-Law No. 14/2021 being a By-Law of the Town of Swan River to amend its By-Law No. 9/2020, which provided for the expenditure and borrowing of funds for the repair and renovation of the Richardson Recreation and Wellness Centre Whirlpool, HVAC and Building Envelope, including gathering, planning, designing and all other related requirements, be read a first time.
Carried

12. Notice of Motion

13. In Camera

Resolution No: 2021-1051
Moved By: Phylis Friesen
Seconded By: Johnny Wintoniw
RESOLVED that, pursuant to Section 152(3) of the Municipal Act, Council go into Committee and close the meeting to the public.
Legal item
Purchased Services
Cemetery
RISE
Carried

13.1 Legal Update

14. Out of Camera

Resolution No: 2021-1052
Moved By: David Moriaux
Seconded By: Jason Delaurier
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

16. Adjournment

Resolution No: 2021-1053
Moved By: Phylis Friesen
Seconded By: Johnny Wintoniw
RESOLVED that this regular meeting of Council now adjourn at 9:48pm.
Carried