The Council of the Town of Swan River met on Tuesday, December 1, 2020 at 7:30 pm in the Town Council Chambers with Mayor Jacobson presiding along with Councillors Delaurier, Friesen, Moriaux, and Whyte in person.

Via video conferencing: Deputy Mayor Wintoniw, Councillor Gray

Also Present:
Staff – In person: Acting CAO P. Henkelman
Via video conferencing: CFO T. Gnida, Dir. PW D. Poole

Delegations:

Media: Star & Times, Danielle Gordon-Broome

1. Call meeting to order

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

2. Adoption of the Agenda

Resolution No: 2020-589
Moved By: Duane Whyte
Seconded By: Johnny Wintoniw
RESOLVED that the agenda for the December 1, 2020 regular meeting of Council be adopted as received.
Carried

3. Confirmation of the minutes

Resolution No: 2020-590
Moved By: Phylis Friesen
Seconded By: David Moriaux
RESOLVED the minutes of the November 17, 2020 regular council meeting and the November 24, 2020 committee of the whole meeting be approved.
Carried

4. Reception of Delegations and Hearings

5. Reception of Petitions

6. Communications

6.1 Letter from SLWD – excess levy funds

Resolution No: 2020-591
Moved By: Jason Delaurier
Seconded By: Duane Whyte
RESOLVED that the November 10, 2020 letter from Swan Lake Watershed District be received.
Carried

6.2 To receive building permit applications

Resolution No: 2020-592
Moved By: David Moriaux
Seconded By: Johnny Wintoniw
RESOLVED that Building Permits 99/20 through 100/20 with a total estimated value of $64,840 be received.
Carried

7. Reports of Committees

7.1 Director of Public Works Report

Resolution No: 2020-593
Moved By: Duane Whyte
Seconded By: Phylis Friesen
RESOLVED the Director of Public Works report be received.
Carried

7.2 Other Reports

7.2.1 To receive the October Handivan report

Resolution No: 2020-594
Moved By: David Gray
Seconded By: David Moriaux
RESOLVED that the October 2020 Swan River Handi-Transit Van Report be received.
Carried

7.3 Council and CAO Reports

8. New Business

8.1 Hiring of CAO

Resolution No: 2020-595
Moved By: Duane Whyte
Seconded By: Jason Delaurier
RESOLVED that Jerry Gautreau be hired for the position of Chief Administrative Officer as per Schedule A for the Town of Swan River effective December 7, 2020.
Carried

8.2 Waive waiting period for health benefits

Resolution No: 2020-596
Moved By: Jason Delaurier
Seconded By: David Gray
RESOLVED that the customary probation period for the Municipal Employees Benefit Plan (MEBP) be waived for Jerry Gautreau.
Carried

8.3 Night Hunting

Resolution No: 2020-597
Moved By: Duane Whyte
Seconded By: Jason Delaurier
WHEREAS there has been concern regarding the safety of the public regarding the practice of night hunting.
AND WHEREAS there has also been population declines seen in the Moose and Elk in many areas of the province.
AND WHEREAS Manitoba Conservation has had a broad communications strategy, including social media posts that highlight enforcement successes with regards to reducing illegal hunting activities. The communication of current successful enforcement plays an important role in deterring future contraventions of the law.
THEREFOR BE IT RESOLVED that feedback be provided to Manitoba Conservation that they continue their effective their enforcement communication strategy and more importantly be encouraged to continue their enforcement of hunting laws and regulations for the safety of all Manitobans and the conservation of our big game populations for future generations of Manitoba hunters.
Carried

Councillor Gray voted against the resolution.

8.3.1 Rate-payer request for outdoor arena on public space

Resolution No: 2020-598
Moved By: David Gray
Seconded By: Jason Delaurier
RESOLVED that the request to have an outdoor arena on the green space behind 5 Park Dr. be approved for the 2020-21 winter season conditional on all requirements of the draft Outdoor Rink on Public Reserve policy be complied with. Exception will be given for not meeting the requirement to be 25m from the property line as the arena has already been constructed.
Carried

8.4 Outdoor arena on public space policy

Resolution No: 2020-599
Moved By: Duane Whyte
Seconded By: David Gray
RESOLVED that the Outdoor Rink on Public Reserve policy be approved.
Carried

8.5 Pool re-opening

Resolution No: 2020-600
Moved By: David Gray
Seconded By: Phylis Friesen
WHEREAS COVID-19 has impacted the operation of our recreation facilities;
THEREFORE BE IT RESOLVED that the aquatic centre remain closed to the public until COVID-19 limitations are less restrictive. This date will be confirmed at a later time.
ALSO BE IT RESOLVED that the pool be filled beginning in January to allow all systems to be checked and maintained.
Carried

8.6 Waive pool rental rental for SVRSS lifeguard program

Resolution No: 2020-601
Moved By: David Gray
Seconded By: Phylis Friesen
RESOLVED that the aquatic centre rental fees be waived for the SVRSS lifeguard credit program in 2021 due to implications of COVID-19.
Carried

8.7 Aquatic Centre boiler replacement

Resolution No: 2020-602
Moved By: David Gray
Seconded By: David Moriaux
RESOLVED that authorization be given for replacement of one boiler at the aquatic centre up to $60,000. The expenditure will be funded from a combination of reserve and operations contributions or capital borrowing.
Carried

8.8 Pool access door

Resolution No: 2020-603
Moved By: David Gray
Seconded By: Johnny Wintoniw
RESOLVED that authorization be given for installation of an access door in the maintenance tower at the aquatic centre up to $15,000. The expenditure will be funded from a combination of reserve and operations contributions or capital borrowing.
Carried

9. Unfinished Business

10. Accounts

10.1 To approve accounts

Resolution No: 2020-604
Moved By: Jason Delaurier
Seconded By: Phylis Friesen
RESOLVED THAT the accounts as follows be hereby approved for payment:
1. General Account Cheques No. 26953 to No. 27011 for a total of $397,033.71
2. Payroll Account Cheques No. 4761 to No. 4767 for a total of $90,728.42
5. Direct deposit transfers totaling $700.00 for cell phone allowances.
Carried

10.2 To add unpaid accounts to taxes

Resolution No: 2020-605
Moved By: Johnny Wintoniw
Seconded By: David Moriaux
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 below;
THEREFORE BE IT RESOLVED THAT each of the unpaid amounts listed on Schedule “A” attached 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 the 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 January 1st, 2021.
Carried

10.3 To transfer to reserves as budgeted in 2020 Financial Plan

Resolution No: 2020-606
Moved By: Duane Whyte
Seconded By: Jason Delaurier
RESOLVED that the following contributions budgeted in the 2020 Financial Plan be made from the General Operating Fund to the following funds:
1. Equipment Replacement Reserve $160,000.00;
2. Fire Truck Replacement Reserve $15,000.00;
3. Employee Benefits Reserve $5,000.00;
4. Reserve for Rental Tables and Chairs $2,000.00;
5. Recreation Facilities Reserve for Major Repairs $10,000.00; and
6. Handi Transit Van Operating Fund $25,840.00.
Carried

10.4 To transfer to Handi Transit Van replacement reserve

Resolution No: 2020-607
Moved By: Phylis Friesen
Seconded By: David Gray
RESOLVED that the $500.00 contribution included in the 2020 Swan River Handi Transit Van operating budget be made to the Handi Transit Van Vehicle Replacement Reserve.
Carried

10.5 To transfer from Federal Gas Tax Reserve for sidewalks

Resolution No: 2020-608
Moved By: Johnny Wintoniw
Seconded By: David Moriaux
WHEREAS the Capital Budget for the Year 2020 included $20,000.00 for Sidewalks to be Borne by Federal Gas Tax Reserve, and such sidewalks have been installed at a cost of $21,445.03;
THEREFORE BE IT RESOLVED that $20,000.00 be transferred from the Federal Gas Tax Reserve Fund to the General Operating Fund.
Carried

10.6 To transfer General Operating Fund surplus to recover 2018 deficit

Resolution No: 2020-609
Moved By: David Gray
Seconded By: Jason Delaurier
WHEREAS the Town of Swan River incurred a General Fund operating deficit of $220,824.74 for the year 2018;
AND WHEREAS a balance of $42,808.13 of that deficit remains to be recovered;
RESOLVED that $42,808.13 be transferred from the General Operating Fund to Accumulated Surplus to recover the remaining balance of 2018 deficit.
Carried

10.7 To transfer to Water and Sewer Reserve

Resolution No: 2020-610
Moved By: Phylis Friesen
Seconded By: Johnny Wintoniw
WHEREAS the 2020 Financial Plan for the Utility Operating Fund included $271,561.00 Transfer to Utility Reserve;
BE IT HEREBY RESOLVED that the lesser of $271,561.00, or the Utility Operating Fund Net Operating Surplus for the 2020 fiscal year, be transferred from the Utility Operating Fund to the Water and Sewer Reserve Fund.
Carried

10.8 To approve assessment alteration

Resolution No: 2020-611
Moved By: David Gray
Seconded By: Duane Whyte
WHEREAS Subsections 300(6.1) provides that a municipality may cancel or reduce taxes, upon receipt of assessment alterations from Manitoba Assessment Services;
THEREFORE BE IT RESOLVED that the assessment alteration done by Manitoba Assessment Services on November 16, 2020 be made to the 2020 Property Tax Roll, resulting in a reduction of $123.00.
Carried

10.9 To approve contribution to doctor recruitment fund

Resolution No: 2020-612
Moved By: Phylis Friesen
Seconded By: Johnny Wintoniw
RESOLVED that the annual contribution to the Swan Valley Health Facilities Foundation Inc. for the Doctor Retention & Recruitment Fund of $16.00 per capita in the amount of $64,224.00 be approved for payment.
Carried

11. By-Laws

11.1 1st reading By-law 20.2020

Resolution No: 2020-613
Moved By: Jason Delaurier
Seconded By: David Gray
RESOLVED that By-Law No. 20.2020 being a By-Law of the Town of Swan River to regulate the proceedings and conduct of the council and the committees thereof be read a first time.
Carried

12. Notice of Motion

13. In Camera

Resolution No: 2020-614
Moved By: Phylis Friesen
Seconded By: David Gray
RESOLVED that, pursuant to Section 152(3) of the Municipal Act, Council go into Committee and close the meeting to the public.
– Negotiations
– Donation
– Round a bout
– Hospitality Tax
Carried

14. Out of Camera

Resolution No: 2020-615
Moved By: David Gray
Seconded By: Johnny Wintoniw
RESOLVED that pursuant to Sections 152(4) of the Municipal Act this meeting be reopened to the public.
Carried

15. Adjournment

Resolution No: 2020-616
Moved By: David Gray
Seconded By: Jason Delaurier
RESOLVED that this regular meeting of Council now adjourn at 9:31 pm.
Carried