Swan Valley West Minutes – March 10, 2020

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 10th day of March, 2020 at 7:00 pm.


Present:
Reeve: William Galloway

Councillors: Carrie Blosha
Glen Foster
Bill Gade
Matt Wills
Darryl Pierrepont
Tyler Kushniryk

Interim-Acting CAO: Ken Jenkins

Delegations: 7:15 pm Swan Valley Co-op
7:30 pm Ron Medwid, Don Potten

Additions to the Agenda: Ratepayer Comments from the Gallery.

1. GLEN FOSTER
CARRIE BLOSHA
RESOLVED that the Agenda for the Regular Meeting of Council held this 10th day of March, 2020 shall be adopted as presented.
Carried.

2. CARRIE BLOSHA
DARRYL PIERREPONT
RESOLVED that the minutes for the Special Meeting of the Council for the Municipality of Swan Valley West held on February 27th, 2020 as well as minutes for the Regular Meeting on February 25th, 2020 shall be approved as circulated.
Carried.

3. MATT WILLS
GLEN FOSTER
WHEREAS a request has been received to add In Camera items to the Meeting Agenda for March 10th, 2020 and such requests must be approved unanimously by the members of Council present at the meeting;
THEREFORE BE IT RESOLVED that Item No. 14.5 shall be added to this March 10th, 2020 Agenda.
Carried.
In Favour: 6
Abstained: 1

4. TYLER KUSHNIRYK
BILL GADE
BE IT RESOLVED that the Council accept MNP’s 2019-2021 proposal for the offer of Audit Services to the Municipality of Swan Valley West as per their written proposal, dated February 6th, 2020; said proposal being the only one received.
Carried.

5. DARRYL PIERREPONT
TYLER KUSHNIRYK
RESOLVED that the following Animal Control Reports shall be received by the Council for the Municipality of Swan Valley West;
-Rural Animal Control Officer’s Report for the month of February 2020
-Urban Animal Control Officer’s Report for the month of February 2020
AND BE IT FURTHER RESOLVED that payment for the above services shall be approved as submitted.
Carried.

6. BILL GADE
MATT WILLS
WHEREAS the Municipality of Swan Valley West has received the amendments to the Emergency Plan;
THEREFORE BE IT RESOLVED that we do hereby approve these Amendments submitted by Prairie Mountain Security, Stan Anderson.
Carried.

**Councillor Tyler Kushniryk withdrew from the meeting**

7. DARRYL PIERREPONT
CARRIE BLOSHA
WHEREAS the Council for the Municipality of Swan Valley West has received an application for a Conditional Use Permit on the property known as the NE ¼ Section 06-36-27 WPM, specifically to allow for the fertilizer storage and blending facility within the “Ag” Zone as allowed under Table 4-1 “AG–Agriculture General Zone”, Use and Bulk Table of the RM of Swan River Zoning By-Law No. 2383-04 and;
WHEREAS notice of the Public Hearing was posted and delivered to adjacent landowners in accordance with part 6 of the Planning Act and the municipality has not received any further objections with respect to said Conditional Use Application;
THEREFORE BE IT RESOLVED that Council of the Municipality of Swan Valley West does hereby approve the aforementioned conditional use request as per the Application Dated November 28th, 2019, and shall issue Conditional Use Order No. 2020-01 subject to the attached conditions;
A. 305 Metres (1000 feet) of Dust Control applied at a minimum of once per year.
B. Semi-trailer trucks are to be staged on Co-op property as much as possible to ease congestion on the Municipal Road and to provide for safe travel.
C. The two Residential Properties adjacent to said property, located on NW 5-36-27, and associated infrastructure must be added to the Swan Valley Emergency Plan; by the applicant in cooperation with the EMO Coordinator.
BE IT FURTHER RESOLVED that the Reeve and CAO shall be authorized to sign said Order on behalf of the Municipality.
Carried.

**Councillor Tyler Kushniryk returned to the meeting**

8. BILL GADE
MATT WILLS
RESOLVED that the Council for the Municipality of Swan Valley West does hereby approve the following payments:
General Cheques #015912 to #015946 in the amount of $74,498.91
Carried.

9. TYLER KUSHNIRYK
DARRYL PIERREPONT
RESOLVED that Council for the Municipality of Swan Valley West does hereby approve the following payments:
February 29th, 2020 Cheques #3020 to #3031 in the amount of $14,625.76
Carried.

10. TYLER KUSHNIRK
GLEN FOSTER
RESOLVED that Council for the Municipality of Swan Valley West does hereby approve the following indemnity payments:
February, 2020 Indemnity Cheques #3032 to #3041 in the amount of $11,116.00

*Changed from $11,236.00 due to amendment of reducing Councillor Gades expenses.

In Favour: 6
Opposed: 1
Carried.

11. RESOLVED the Council for the Swan Valley West does hereby approved the attendance of the following persons at the Parkland District Meeting in Dauphin, MB to be held on June 16th, 2020.
_____________________ __________________
_____________________ __________________
_____________________ __________________

BE IT FURTHER RESOLVED that all applicable expenses shall be paid in accordance with current municipal policies and by-laws.
Tabled.

12. CARRIE BLOSHA
DARRYL PIERREPONT
RESOLVED that By-Law No. 0080-19, being a by-law of the Municipality of Swan Valley West to govern the organization of the municipal council and the committees thereof, shall be read a third time this 10th day of March, 2020, signed by the Reeve and signed & sealed by the Interim Acting – Chief Administrative Officer.
Reeve William Galloway – yes
Carrie Blosha – yes
Matt Wills – yes
Glen Foster – yes
Darryl Pierrepont – yes
Bill Gade – Abstain
Tyler Kushniryk – yes

In Favour: 6
Abstained: 1
Carried.

13. BILL GADE
TYLER KUSHNIRYK
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;
-Quotes, Letter from a company, Gravel Tenders, CAO staffing report.
Carried.

14. CARRIE BLOSHA
BILL GADE
RESOLVED that pursuant to Section 152(4) of The Municipal Act, this meeting shall be re-opened to the public.
Carried.

15. BILL GADE
MATT WILLS
WHEREAS Interim – Acting CAO, Cheryle Zbirun tendered her resignation as of February 24th, 2020;
THEREFORE BE IT RESOLVED that the members of Council for the Municipality of Swan Valley West do hereby accept Mrs. Zbirun’s resignation, with regrets.
Carried.

16. TYLER KUSHNIRYK
CARRIE BLOSHA
RESOLVED THAT Signing Authority for the Municipality of Swan Valley West be granted to:
1. Interim Chief Administrative Officer Ken Jenkins
2. Finance Manager / Assistant CAO James Webb
AND FURTHER BE IT RESOLVED THAT Signing Authority for Cheryle Zbirun and Kasey Chartrand be cancelled.
Carried.

17. DARRYL PIERREPONT
MATT WILLS
WHEREAS the Council Code of Conduct for Council Members applies to all Council members and establishes the standards and values that Council members are expected to meet in carrying out their responsibilities as elected officials of the Municipality;
AND WHEREAS Article 2.2 of the Council Code of Conduct requires; in carrying out their duties, members of the Council of the Municipality of Swan Valley West are expected to conduct themselves in such a way as to promote public trust and public confidence in the Council and in the Municipality.
AND WHEREAS in the Media Relations Policy for members of Council;
No member of Council shall use any type of media (radio, newsprint, social media or web page) to intimidate, threaten or degrade his or her colleagues, members of the public, or employees or volunteers of the Municipality;
The CAO or any employee may only present information to the Media (radio, news print, social media, web page) as determined and authorized by Council as a whole and in keeping with the provisions of the Freedom of Information and Protection of Privacy Act.
Any media communications (radio, news print, social media, web page) presented by the CAO or any employee (other than to state the decision of council) must be approved and provided in writing from the Council as a whole.
AND WHEREAS Councillor William Gade made comments in a media post on September 18th, 2019 stating issues about the LUD of Benito which does not promote public trust and public confidence in the Council and in the Municipality.
AND WHEREAS Councillor William Gade made comments in an editorial post on December 6th, 2019 which was insulting and derogatory regarding Council members, and staff about his removal from committees of Council which does not promote public trust and public confidence in the Council and in the Municipality.
AND WHEREAS Councillor William Gade made comments in an editorial post on January 23rd, 2020, which was insulting and derogatory regarding a member of Council which does not promote public trust and public confidence in the Council and in the Municipality.
AND WHEREAS the comments made by Councillor William Gade do not reflect the standards and values of Council;
THEREFORE BE IT RESOLVED that Councillor William Gade is in breach of Section 2.2 of the Code of Conduct for Council Members as well as two sections of the Media Relations Policy for members of Council;
AND FURTHER BE IT RESOLVED that Council censure Councillor William Gade for his breach of the Council Code of Conduct as well as the Media Relations Policy for members of Council.
In Favour: 6
Opposed: 1
Carried.

18. GLEN FOSTER
TYLER KUSHNIRYK
RESOLVED THAT the Council of the Municipality of Swan Valley West does hereby rescind / reverse Resolution No. 19 of the February 11, 2020 Regular Meeting of Council;
In Favour: 6
Opposed: 1
Carried.

19. TYLER KUSHNIRYK
CARRIE BLOSHA
RESOLVED THAT the Council of the Municipality of Swan Valley West does hereby rescind / reverse Resolution No. 22 of the February 11, 2020 Regular Meeting of Council;
In Favour: 6
Opposed: 1
Carried.

20. DARRYL PIERREPONT
TYLER KUSHNIRYK
RESOLVED THAT the Council of the Municipality of Swan Valley West does hereby approve the attendance of:
Reeve William Galloway
Councillor Darryl Pierrepont
Interim CAO Ken Jenkins
At the 2020 Municipal Officials Seminar and Trade Show being held in Brandon, April 15 and 16, 2020.
In Favour: 6
Opposed: 1
Carried.

Discussions Arising From In-Camera:

1. CAO was directed to inform Cook Brother’s that the Gravel Crushing Tender had been awarded to them. A Resolution will be presented at the March 24th, 2020 Meeting.
2. The CAO was directed to obtain additional information about the concerns based on the SLWD letter.
3. The CAO was directed to hire a Headhunting Firm. A Resolution will be presented to Council at the March 24th, 2020 Meeting.

21. BILL GADE
MATT WILLS
RESOLVED that this meeting shall now adjourn at 10:50 p.m.
BE IT FURTHER RESOLVED that the next meeting of Council will be on March 24th, 2020 at 7:00 p.m.
Carried.