RM of Mountain Minutes – April 26, 2023

Minutes of the Regular Meeting of Council of the Rural Municipality of Mountain held Wednesday, April 26th, 2023 at the Rural Municipality of Mountain Council Chambers in Birch River, MB.

Members Present:
Reeve Keith Behrmann
Councillors: Wilmer Malcolm, Stephen Nadolney, Nestor Rizok, Jarrett Mosiondz, Arnie Pedersen and Brad Wyatt.
CAO Paige Wozny was present and acted as secretary.
Finance Officer Kim Paterson was also present.

1. Call to Order

Moved By: Stephen Nadolney
Seconded By: Nestor Rizok
The meeting was called to order at 10:06 a.m. by Reeve Keith Behrmann, quorum being present.
CARRIED UNANIMOUSLY

2. Adoption of Agenda

Resolution No: 2023/111
Moved By: Stephen Nadolney
Seconded By: Nestor Rizok
BE IT RESOLVED THAT the Agenda for the April 26th, 2023 Regular Meeting of Council be adopted as presented.
For: 7 Against:
CARRIED UNANIMOUSLY

3. Matters Arising from Minutes

Resolution No: 2023/112
Moved By: Jarrett Mosiondz
Seconded By: Nestor Rizok
BE IT RESOLVED THAT the Minutes of the Regular Meeting of Council held April 11th, 2023 be adopted as presented, all requirements having been complied with.
For: 7 Against:
CARRIED UNANIMOUSLY

4. By-Laws & Policies

4.1 2023 Financial Plan By-Law

Resolution No: 2023/113
Moved By: Brad Wyatt
Seconded By: Stephen Nadolney
BE IT RESOLVED THAT By-Law No. 01/2023, being the 2023 Budget and Financial Plan By-Law of the Rural Municipality of Mountain, be given second reading.
For: 7 Against:
CARRIED UNANIMOUSLY

4.2 2023 Financial Plan By-Law

Resolution No: 2023/114
Moved By: Arnie Pedersen
Seconded By: Wilmer Malcolm
BE IT RESOLVED THAT By-Law No. 01/2023, being the 2023 Budget and Financial Plan By-Law of the Rural Municipality of Mountain, be given third and final reading.
Keith Behrmann – yes
Wilmer Malcolm – yes
Jarrett Mosiondz – yes
Stephen Nadolney – yes
Arnie Pedersen – yes
Nestor Rizok – yes
Brad Wyatt – yes
CARRIED UNANIMOUSLY

4.3 Review of Animal Control By-Law

Resolution No: 2023/115
Moved By: Stephen Nadolney
Seconded By: Wilmer Malcolm
BE IT RESOLVED THAT By-Law No. 02/2023, being a By-Law to provide for the control of animals within the Rural Municipality of Mountain, be given first reading.
For: 7 Against:
CARRIED UNANIMOUSLY

4.4 Approach Policy

Resolution No: 2023/116
Moved By: Arnie Pedersen
Seconded By: Jarrett Mosiondz
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby adopt the Approaches Off of Municipal Property Policy as per Schedule ‘A’ attached hereto;
AND THAT any policies inconsistant herewith be hereby repealed.
For: 7 Against:
CARRIED UNANIMOUSLY

4.5 Overdue Utility Policy: Clarify Policy Specifics

4.6 Cell Phone Allowance Policy: Clarify Policy Specifics

4.7 Heat Allowance Policy: Clarify Policy Specifics

5. Financial

5.1 Financial Statements: Review

5.2 2023 Insurance Certificate

Resolution No: 2023/117
Moved By: Nestor Rizok
Seconded By: Arnie Pedersen
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby renew the Certificate of Insurance with Western Financial Group with the additions and disposals listed in Schedule ‘A’ attached hereto;
AND THAT the CAO be authorized to sign on behalf of the Municipality.
For: 7 Against:
CARRIED UNANIMOUSLY

5.3 2023 Insurance Coverage Review

Resolution No: 2023/118
Moved By: Arnie Pedersen
Seconded By: Jarrett Mosiondz
WHEREAS municipal inspections were completed through the AMM Insurance program and made recommendations in regards to coverage and replacement values;
THEREFORE BE IT RESOLVED THAT Council of the Rural Municipality of Mountain make adjustments to the values as per Schedule ‘A’ attached hereto effective immediately;
AND THAT the CAO be authorized to sign on behalf of the Municipality.
For: 7 Against:
CARRIED UNANIMOUSLY

5.4 Insurance Risk Improvements

Resolution No: 2023/119
Moved By: Stephen Nadolney
Seconded By: Jarrett Mosiondz
WHEREAS the AMM Insurance Program has completed inspections of all municipal facilities and has made requirements and recommendations to be completed;
THEREFORE BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby approve the completion of the required works as per Schedule ‘A’ attached hereto.
For: 7 Against:
CARRIED UNANIMOUSLY

5.5 Overdue Accounts Receivable

Resolution No: 2023/120
Moved By: Wilmer Malcolm
Seconded By: Jarrett Mosiondz
BE IT RESOLVED THAT the following unpaid accounts receivable accounts be added to the real property tax account of each account holder:
Roll #300294.000 $14.54
Roll #300720.000 $37.70
For: 7 Against:
CARRIED UNANIMOUSLY

5.6 Accounts Payable

Resolution No: 2023/121
Moved By: Nestor Rizok
Seconded By: Stephen Nadolney
BE IT RESOLVED THAT Cheque Nos.20230367 to 20230421 be approved for payment in the amount of $128,777.48, including Direct Deposit Payroll in the amount of $9,209.45 as attached hereto as Schedule ‘A’;
For: 7 Against:
CARRIED UNANIMOUSLY

6. WARD REPORTS & Work Orders

Resolution No: 2023/122
Moved By: Nestor Rizok
Seconded By: Wilmer Malcolm
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby approve Work Orders #15/2023 to #19/2023 attached hereto.
For: 7 Against:
CARRIED UNANIMOUSLY

7. Delegations/Petitions

7.1 11:00 a.m. Scott Davy, MPI Invoice

7.1.1 Application to Appeal: Invoice 90/2022

Resolution No: 2023/123
Moved By: Jarrett Mosiondz
Seconded By: Brad Wyatt
WHEREAS an accident occured on August 12th, 2022 in which 911 dispatched the Birch River Fire Department;
AND WHEREAS there was no MPI claim made and therefore the Fire Department allowance for motor vehicles was not paid by MPI;
AND WHEREAS Council passed Resolution Number 2022/337 to invoice the MPI claimable amount to the registered owner of the vehicle;
AND WHEREAS an application for appeal was made to Council and was considered along with all other evidence;
THEREFORE BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby:
cancel the original invoice as due and payable to the Municipality;
AND FURTHER BE IT RESOLVED THAT a policy be adopted that provides the Municipality not to invoice residents or ratepayers for unclaimable MPI charges for motor vehicle accidents on any road within the Municipality.
For: 7 Against:

7.2 11:45 a.m. Kirby Christensen, Drainage Concerns

8. Meeting Attendance and Reports

9. General Business

9.1 2023 Land Sale

Resolution No: 2023/124
Moved By: Brad Wyatt
Seconded By: Arnie Pedersen
WHEREAS portions of the NE 17-36-23W were offered for sale in the 2023 Land Sale;
AND WHEREAS it has come to our attention that the Manitoba Assessment Branch had incorrect legal and title descriptons for these portions of the NE 17-36-23W thereby complicating the sale of such parcels to an extreme degree;
THEREFORE BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby cancel the sale of Parcels #3 (Roll Number 278120.000) and Parcel #4 (Roll Number 278100.000) from the 2023 Land Sale Auction and issue full refund of purchase price to the bidders;
AND THAT the CAO be authorized to sign on behalf of the Municipality.
For: 7 Against:
CARRIED UNANIMOUSLY

9.2 Notice of Motion to Reconsider Resolution No. 2023/068

Resolution No: 2023/125
Moved By: Wilmer Malcolm
Seconded By: Nestor Rizok
WHEREAS a fifth Breach of By-Law was issued to the land owner of the NE 12-32-23W for animals at large;
AND WHEREAS an appeal was received past the appeal deadline;
THEREFORE BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby:
confirm the charges under Breach of By-Law issued on January 31st, 2023.
For: 6 Against: Abstained: 1 (Wyatt)
CARRIED UNANIMOUSLY

9.3 Bell MTS Right-of-Way Approval

Resolution No: 2023/126
Moved By: Jarrett Mosiondz
Seconded By: Wilmer Malcolm
BE IT RESOLVED THAT the Rural Municipality of Mountain hereby approve the Municipal Right-of-Way Application #MO16144, dated April 11th, 2023;
AND THAT the CAO is hereby authorized to sign on behalf of the Municipality.
For: 7 Against:
CARRIED UNANIMOUSLY

9.4 Application for Approach: Pine River

Resolution No: 2023/127
Moved By: Jarrett Mosiondz
Seconded By: Wilmer Malcolm
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby approve the application for approach under the Approach Policy on Lots 12/13, Plan 1058 (Pine River);
AND THAT the applicant be responsible for 50% of all costs associated with the construction.
For: 7 Against:
CARRIED UNANIMOUSLY

9.5 Birch River Water Plant Backup Generator: Obtain Further Information

TABLED

9.6 Mafeking Water Plant Truck Fill: Review

9.7 Application to Appeal Utility Billing

Resolution No: 2023/128
Moved By: Stephen Nadolney
Seconded By: Nestor Rizok
WHEREAS a utility invoice was issued at 401 Lorne Ave North from May 2022 to present, to which an appeal was made to the Rural Municipality of Mountain;
AND WHEREAS Council considered the events that transpired and all other evidence;
THEREFORE BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby:
confirm the utility invoices that were issued.
For: 7 Against:
CARRIED UNANIMOUSLY

9.8 Road Maintenance Agreement: Minitonas-Bowsman

Resolution No: 2023/129
Moved By: Jarrett Mosiondz
Seconded By: Brad Wyatt
WHEREAS the Rural Municipality of Mountain and Minitonas-Bowsman Municipality share boundary Road Number 228N;
AND WHEREAS it is deemed expedient and in the best interests of both municipalities to enter into an agreement for the provision of road maintenance services on this boundary road;
THEREFORE BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby enter into an agreement with the Municipality of Minitonas-Bowsman for Road Maintenance Services on boundary Road Number 228N;
AND THAT the Reeve and CAO be authorized to sign on behalf of the Municipalty.
For: 7 Against:
CARRIED UNANIMOUSLY

9.9 Fire Services Agreement: Minitonas-Bowsman

TABLED

9.10 Medical Professional Services Recruitment and Retention

Resolution No: 2023/130
Moved By: Arnie Pedersen
Seconded By: Wilmer Malcolm
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby approve the terms of reference for the Medical Professional Services Recruitment and Retention Fund Agreement;
AND THAT the Reeve and CAO be authorized to sign on behalf of the Municipalities.
For: 7 Against:
CARRIED UNANIMOUSLY

9.11 CT Scanner: MOU Agreement

Resolution No: 2023/131
Moved By: Stephen Nadolney
Seconded By: Nestor Rizok
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby approve the Memorandum of Understanding between Prairie Mountain Health Authority, Town of Swan River, Municipality of Swan Valley West, Municipality of Minitonas-Bowsman and the Rural Municipality of Mountain for the installation of a CT Scanner at the Swan Valley Health Centre;
AND THAT the Reeve and CAO be authorized to sign on behalf of the Municipality.
For: 7 Against:
CARRIED UNANIMOUSLY

10. Communications

10.1 Pine River Fire Department Fundraiser

Resolution No: 2023/132
Moved By: Stephen Nadolney
Seconded By: Wilmer Malcolm
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby donate funds to pay for hall rental for the Pine River Fire Department Pancake Breakfast fundraiser.
For: 7 Against:
CARRIED UNANIMOUSLY

10.2 LUD of Pine River Minutes: Review

10.3 RCMP Reports: Parkland Region

11. Adjournment

Resolution No: 2023/133
Moved By: Jarrett Mosiondz
Seconded By: Wilmer Malcolm
BE IT RESOLVED THAT the Regular Meeting of Council of the Rural Municipality of Mountain be adjourned to meet again on May 10th, 2023.
Meeting adjourned at 3:10 p.m.
For: 7 Against:
CARRIED UNANIMOUSLY