Minutes of the Regular Meeting of Council of the Rural Municipality of Mountain held Wednesday, October 13th at the RM of Mountain Council Chambers in Birch River, MB.
Members Present:
Reeve: Robert Hanson
Councillors: Wilmer Malcolm, Nestor Rizok, Connie Forbes, Arnie Pedersen and Brad Wyatt.
Councillor Nadolney was absent with notice.
CAO Paige Wozny was present and acted as secretary.
Finance Officer Kim Paterson was also present.
1. Call to Order
The meeting was called to order at 10:00 a.m. by Reeve Robert Hanson, quorum being present.
2. Adoption of Agenda
Resolution No: 2021/323
Moved By: Brad Wyatt
Seconded By: Nestor Rizok
BE IT RESOLVED THAT the Agenda for the October 13th, 2021 Regular Meeting of Council be adopted as presented;
AND THAT Councillor Wyatt be appointed as Finance Chair.
For: 4 Against:
CARRIED UNANIMOUSLY
3. Matters Arising from Minutes
Resolution No: 2021/324
Moved By: Brad Wyatt
Seconded By: Nestor Rizok
BE IT RESOLVED THAT the Minutes of the regular meeting of Council held September 21st, 2021 be adopted as presented, all requirements having been complied with.
For: 4 Against:
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4. By-Laws & Policies
4.1 Property Maintenance & Equipment Policy
Resolution No: 2021/325
Moved By: Wilmer Malcolm
Seconded By: Brad Wyatt
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby adopt the Property Maintenance and Equipment policy as per Schedule ‘A’ attached hereto;
AND THAT such policy to take effect with the new 2022 budget on January 1st, 2022;
AND THAT any policies that are inconsistant herewith be hereby repealed.
For: 4 Against:
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5. Financial
5.1 Ward Financial Statements: Review
5.2 Monthly Financial Statement
Resolution No: 2021/326
Moved By: Wilmer Malcolm
Seconded By: Nestor Rizok
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby accept and approve the Unaudited Financial Statement for the Month ending September 30th, 2021 as presented.
For: 4 Against:
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5.3 2021 Audit Questionnaire
Resolution No: 2021/327
Moved By: Brad Wyatt
Seconded By: Nestor Rizok
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby approve the comments in the Internal Control Questionnaire for the 2021 municipal audit;
AND THAT it should note that there is no suspection of fraudulent activity within the Municipality;
AND THAT the Reeve be authorized to sign on behalf of the Municipality.
For: 4 Against:
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5.4 Notice of Appeal: Fire Invoice
Resolution No: 2021/328
Moved By: Wilmer Malcolm
Seconded By: Nestor Rizok
WHEREAS Invoice Number 20/2021 was issued on June 29th, 2021 for a breach of the Fire Prevention & Emergency Service By-Law on the NW 21-35-23W;
AND WHEREAS despite the appeal period being passed, an appeal was made before Council and all evidence was reviewed;
THEREFORE BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby:
confirm the charges that were issued under the Fire Prevention & Emergency Services By-law.
For: 4 Against:
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5.5 Fire Invoice
Resolution No: 2021/329
Moved By: Wilmer Malcolm
Seconded By: Brad Wyatt
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby approve payment for the invoice from G. Nakonechny in the amount of $2,320.50 for putting out fires located on the section 26-32-22W.
For: 4 Against:
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5.6 Accounts Receivable
Resolution No: 2021/330
Moved By: Wilmer Malcolm
Seconded By: Nestor Rizok
BE IT RESOLVED THAT the following unpaid accounts receivable accounts be added to the real property tax account of each account holder:
Roll Number Amount Outstanding
300593.000 $9.36
300503.000 $15.57
300733.000 $6.24
302057.000/30075.000 $574.55
257800.000* $778.48
300450.000 $25.95
300564.000 $6.24
300708.000 $6.24
300513.000 $24.91
300516.000 $12.45
For: 4 Against:
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Councillor Forbes joined the meeting.
5.7 Gravel Inventory: Mountain North
Resolution No: 2021/331 Nestor Rizok
WHEREAS a gravel inventory was taken for the Mountain North stockpile;
AND WHEREAS in order to balance the inventory an additional 2,106.18 m3 is to be expensed;
THEREFORE BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby expense the unaccountable gravel inventory as follows:
50% to Ward 4;
50% to Ward 5.
For: 5 Against:
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5.8 Calcium Chloride Inventory
Resolution No: 2021/332
Moved By: Wilmer Malcolm
Seconded By: Brad Wyatt
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby expense $187.46 of the Calcium Chloride inventory to Ward 4.
For: 5 Against:
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5.9 CDI Fund Reserve Transfer
Resolution No: 2021/333
Moved By: Nestor Rizok
Seconded By: Wilmer Malcolm
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby approve the transfer from the CDI Reserve Fund in the amount of $32,920.39 for 2021 CDI projects to date.
For: 5 Against:
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5.10 Birch River Water Plant Upgrades: Reserve Transfers
Resolution No: 2021/334
Moved By: Connie Forbes
Seconded By: Brad Wyatt
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby approve the transfer from the CDI Reserve Fund in the amount of $14,265.10 and the transfer from the General Reserve in the amount of $314,265.09 for the Birch River Water Plant Upgrades.
For: 5 Against:
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5.11 Accounts Payable
Resolution No: 2021/335
Moved By: Connie Forbes
Seconded By: Wilmer Malcolm
BE IT RESOLVED THAT Cheque Nos.20211126 to 20211208 be approved for payment in the amount of $566,203.63, including Council Indemnities in the amount of $4,694.69 as per By-Law 03/16 and Direct Deposit Payroll in the amount of $19,406.64 as attached hereto as Schedule ‘A’;
AND FURTHER IT BE RESOLVED THAT the direct payment amount of $8,930.42 for Receiver General for September 2021 be hereby approved.
For: 5 Against:
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6. Personnel
6.1 2022 Wages – Review Procedure: Tabled
7. Ward Reports & Work Orders
Resolution No: 2021/336
Moved By: Nestor Rizok
Seconded By: Wilmer Malcolm
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby approve work orders #73/2021 to #74/2021 attached hereto.
For: 5 Against:
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8. Delegations/Petitions
8.1 1:00 p.m. Dave Forbes: Fire Report Update
9. Meeting Attendance and Reports
9.1 AMM Convention: Attendance & Meeting Schedule
Councillor Pedersen joined the meeting.
9.2 Fire Association Seminar
Resolution No: 2021/337
Moved By: Arnie Pedersen
Seconded By: Wilmer Malcolm
BE IT RESOLVED THAT District Fire Chief Dave Forbes of the Rural Municipality of Mountain be hereby authorized to attend the Gordon Graham Seminar to be held Wednesday, October 27th, 2021 in Winnipeg, MB;
AND THAT expenses be allowed for same.
For: 6 Against:
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10. General Business
10.1 By-Law Enforcement: Property Cleanup
Resolution No: 2021/338
Moved By: Wilmer Malcolm
Seconded By: Brad Wyatt
WHEREAS several property cleanup notices and ORDERS have been issued by The Commissionaires within the town of Birch River to which there has been no compliance;
THEREFORE BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby proceed with clean up of the following properties:
315 Lorne Ave
501 Lorne Ave
114 Princess Ave
AND THAT as per By-Law Enforcement By-Law, any costs related to the enforcement of by-laws shall be due and payable to the Municipality, or shall be added to the property tax roll if left outstanding.
For: 6 Against:
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10.2 Cowan Wayside Park: Review
10.3 Request to Purchase: Guignion
Resolution No: 2021/339
Moved By: Wilmer Malcolm
Seconded By: Nestor Rizok
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby accept the offer to purchase the following LGD Vested/Crown Administered parcel from Dane and Jacqueline Guignion in accordance with the current land sale policy, a reserve bid in the amount of 1.5 times the assessed value plus any costs asscoiated with the sale;
NE 31-32-20W (Roll Number 24100.000);
AND THAT all terms and conditions be as per Crown Land/LGD Vested Land Purchase Offer agreement and policy attached hereto as Schedule ‘A’;
AND THAT the Reeve and CAO be authorized to sign on behalf of the Municipality.
For: 6 Against:
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10.4 Request to Purchase: Nakonechny
Resolution No: 2021/340
Moved By: Connie Forbes
Seconded By: Nestor Rizok
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby approve the Land Sale Purchase Agreement from Tom Nakonechny for the following parcels of land in accordance with the current land sale policy:
NW 3-33-23W (Roll # 147800.000)
Pt. SW 3-33-23W (Roll #148100.000)
SW 10-33-23W (Roll #148500.000)
AND THAT the Reeve and CAO be authorized to sign on behalf of the Municipality.
For: 6 Against:
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10.5 2022 Contracts (Gravel, Mowing)
10.5.1 2022 Gravel: Crush/Haul South; Haul North
10.5.2 2022 Mowing: Review with Full Council
10.5.3 2022 Road Maintenance: Discussion
10.6 MI Highways Performance: Request Meeting
10.7 SV Municipal Airport Commission: Discuss Concerns with Commission
10.8 Application for Gate Across Municipal Road Allowance
Resolution No: 2021/341
Moved By: Wilmer Malcolm
Seconded By: Connie Forbes
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby approve the application for gate across Municipal Road Allowance Number 197N as per Schedule ‘A’ attached hereto in accordance with Municipal By-Law No. 15/2020;
AND THAT the Reeve and CAO be authorized to sign on behalf of the Municipality.
For: 6 Against:
CARRIED UNANIMOUSLY
10.9 WSFN TLE Selections
Resolution No: 2021/342
Moved By: Brad Wyatt
Seconded By: Arnie Pedersen
WHEREAS the RM of Mountain has recieved notification that Wuskwi Sipihk First Nation has selected Part of Section 36-40-26WPM and Part of Section 1-41-26 WPM as part of their TLE fulfillment;
THEREFORE BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby make submission to WSFN and Manitoba Agreement Coordinator that concerns regarding former rail line, land use and development, fire protection, among others be addressed prior to the transfer to TLE.
For: 6 Against:
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11. Communications
11.1 Westman Communications: Design Plans
Resolution No: 2021/343
Moved By: Arnie Pedersen
Seconded By: Nestor Rizok
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby approve the design and construction plans of Westman Communications Group, with the following conditions:
Construction area to be restored to pre-construction condition.
For: 6 Against:
CARRIED UNANIMOUSLY
11.2 MPI Motor Vehicle Accidents
Resolution No: 2021/344
Moved By: Wilmer Malcolm
Seconded By: Arnie Pedersen
WHEREAS the Manitoba Municipal Act states that every municipality must provide fire protection services within its boundaries;
AND WHEREAS fire protection services have evolved to include emergency services such as responding to motor vehicle accidents on provincial roads;
AND WHEREAS the RM of Mountain have three fire department locations to provide Fire Protection Services to our citizens and visitors, including responding to motor vehicle accidents on municipal and provincial roads such as PTH 10 and 20, PR 77, 266, 268, 271, 365 and 489;
AND WHEREAS the RM of Mountain responds to an average of 5 claims per year, but can be up to over 10 claims per year, and of such calls upwards of 1-3 per year are denied because of out of Province or vehicle is not insured;
AND WHEREAS in cases where coverage is denied, or there is substancial time or resources spent in responding, the MPI rate is insufficient in covering the actual costs provided, leaving the burden of these expenses on local residents;
THEREFORE BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby request the AMM to lobby the Provincial Government to enact change to provide for basic representative funding to municipalities for services provided on provincial roads per geographical area to help cover the ongoing costs of the additional staffing, equipment and training required to address highway motor vehicle accidents;
AND FURTHER BE IT RESOLVED THAT Council of the RM of Mountain hereby request the AMM lobby the Provincial Goverment to enact change to provide for compensation for actual costs incurred by municipal fire departments when responding to incidents on provincial roads, regardless of the insurance provider, or lack thereof.
For: 6 Against:
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12. Adjournment
Resolution No: 2021/345
Moved By: Wilmer Malcolm
Seconded By: Nestor Rizok
BE IT RESOLVED THAT the Regular Meeting of Council of the Rural Municipality of Mountain be adjourned to meet again on October 27th, 2021.
Meeting adjourned at 1:35 p.m.
For: 6 Against:
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