RM of Mountain Minutes – March 22, 2023

Minutes of the Regular Meeting of Council of the Rural Municipality of Mountain held Wednesday, March 22nd, 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

The meeting was called to order at 10:06 a.m. by Reeve Keith Behrmann, quorum being present.

2. Adoption of Agenda

Resolution No: 2023/072
Moved By: Nestor Rizok
Seconded By: Arnie Pedersen
BE IT RESOLVED THAT the Agenda for the March 22nd, 2023 Regular Meeting of Council be adopted as presented.
For: 6 Against:
CARRIED UNANIMOUSLY

3. Matters Arising from Minutes

Resolution No: 2023/073
Moved By: Brad Wyatt
Seconded By: Jarrett Mosiondz
BE IT RESOLVED THAT the Minutes of the Regular Meeting of Council held March 8th, 2023 be adopted as presented, all requirements having been complied with.
For: 6 Against:
CARRIED UNANIMOUSLY

4. By-Laws & Policies

Councillor Malcolm joined the meeting.

4.1 Employee Handbook: Abuse Policy

Resolution No: 2023/074
Moved By: Arnie Pedersen
Seconded By: Jarrett Mosiondz
WHEREAS Western Financial Insurance Group requires municipalities to enhance their abuse policies in order to further protect municipalities and their employees;
THEREFORE BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby adopt the amended Abuse Policy as per Schedule ‘A’ attached hereto;
AND FURTHER BE IT RESOLVED THAT the policy include the clarification that costs associated with the Child Abuse Registration check or any other associated employee requirements be the responsbility of the employee.
For: 7 Against:
CARRIED UNANIMOUSLY

5. Financial

5.1 Financial Statements: Review

5.2 2023 Dust Control Applications

Resolution No: 2023/075
Moved By: Nestor Rizok
Seconded By: Stephen Nadolney
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby offer private dust control services for the 2023 summer season at a rate of $ 420.00, in accordance with all specification attached hereto.
For: 7 Against:
CARRIED UNANIMOUSLY

5.3 Overdue Accounts Receivable

Resolution No: 2023/076
Moved By: Stephen Nadolney
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 as per Schedule ‘A’ attached hereto.
For: 5 Against: Abstain: 2 (Pedersen & Mosiondz)
CARRIED

5.4 Overdue Utility Accounts

Resolution No: 2023/077
Moved By: Stephen Nadolney
Seconded By: Jarrett Mosiondz
BE IT RESOLVED THAT the following unpaid utility accounts be added to the real property tax account of each account holder as per Schedule ‘A’ attached hereto.
For: 7 Against:
CARRIED UNANIMOUSLY

5.5 Accounts Payable

Resolution No: 2023/078
Moved By: Arnie Pedersen
Seconded By: Wilmer Malcolm
BE IT RESOLVED THAT Cheque Nos. 20230259 to 20230301 be approved for payment in the amount of $96,335.29 including direct deposit payroll in the amount of $8,726.60 attached hereto as Schedule ‘A’;
For: 7 Against:
CARRIED UNANIMOUSLY

6. WARD REPORTS

7. Delegations/Petitions

8. Meeting Attendance and Reports

8.1 Strategic Plan Meeting: Committee of the Whole

8.2 Rural MB Economic Development Corp Workshop

Resolution No: 2023/079
Moved By: Jarrett Mosiondz
Seconded By: Stephen Nadolney
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain be hereby authorized to attend the Rural Manitoba Economic Development Corporation Workshop to be held April 12th, 2023 in Swan River, MB;
AND THAT expenses be allowed for same;
AND FURTHER BE IT RESOLVED THAT the Regular Council Meeting date be changed to April 11, 2023.
For: 7 Against:
CARRIED UNANIMOUSLY

8.3 MMA Annual Conference

Resolution No: 2023/080
Moved By: Wilmer Malcolm
Seconded By: Jarrett Mosiondz
BE IT RESOLVED THAT Finance Officer and Admininstrative Clerk of the Rural Municipality of Mountain be hereby authorized to attend the MMA Annual Conference to be held May 1-3rd, 2023 in Winnipeg, MB;
AND THAT expenses be allowed for same.
For: 7 Against:
CARRIED UNANIMOUSLY

8.4 G4 Meeting

Resolution No: 2023/081
Moved By: Arnie Pedersen
Seconded By: Jarrett Mosiondz
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain be hereby authorized to attend the G4 Meeting to be held June 12th, 2023 in Swan Valley West;
AND THAT expenses be allowed for same.
For: 7 Against:
CARRIED UNANIMOUSLY

9. General Business

9.1 Pine River Fire Hall Project Specifications

Resolution No: 2023/082
Moved By: Wilmer Malcolm
Seconded By: Nestor Rizok
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby approve the Pine River Fire Hall Project scope as per Schedule ‘A’ attached hereto.
For: 7 Against:
CARRIED UNANIMOUSLY

9.2 2023 Land Sale Auction

Resolution No: 2023/083
Moved By: Arnie Pedersen
Seconded By: Wilmer Malcolm
WHEREAS included within the 2023 Land Sale Auction was the sale of two portions of the NE 17-36-23W [Roll numbers 278100.000 and 278120.000];
AND WHEREAS both roll numbers share the same title, which does not have an adequate legal description to separate the sale of such parcels to individual buyers;
THEREFORE BE IT RESOLVED THAT Council of the Rural Municipality of Mountain approve the expenditure and arrange for the subdivsion of the NE 17-36-23W to accommodate the sales of roll numbers 278100.000 and 278120.000;
AND THAT the CAO be authorized to sign on behalf of the Municipality.
For: 5 Against: 2
CARRIED

9.3 Conditional Use Application: Linnick

Resolution No: 2023/084
Moved By: Wilmer Malcolm
Seconded By: Brad Wyatt
WHEREAS Council of the Rural Municipality of Mountain held a Public Hearing on March 22nd, 2023 to hear the Conditional Use Application #CU01-2023 [Linnick] for the property legally described as SW 28-35-23W, Cowan, MB;
THEREFORE BE IT RESOLVED THAT the Conditional Use Order #CU01-2023 be approved without any further conditons.
For: 7 Against:
CARRIED UNANIMOUSLY

9.4 Application for Approach: SE 25-35-23W

Resolution No: 2023/085
Moved By: Nestor Rizok
Seconded By: Stephen Nadolney
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby approve the application for approach under the Approach Policy on the SE 25-35-23W;
AND THAT the municipality be responsible for 100% of all costs associated with the construction, subject to approval of the Provincial Drainage Authority;
AND FURTHER BE IT RESOLVED THAT the CAO be authorized to submit a request for drainage permit through the Provincial Drainage Portal.
For: 6 Against: 1
CARRIED

9.5 LGD Vested Land Sale Agreement: Assignment

Resolution No: 2023/086
Moved By: Jarrett Mosiondz
Seconded By: Stephen Nadolney
WHEREAS Council entered into an agreement with Mr. R Chaychuk by way of Resolution No. 2020/112 for the purchase of the SW 24-34-20W LGD Vested Crown Administered parcel of land;
AND WHEREAS the Rural Municipality of Mountain received a request to assign this parcel of land to Sweet Grass Ranch in order to facilitate the sale;
THEREFORE BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby approve of the assignment of the SW 24-34-20W Land Sale Agreement from Mr. Chaychuk to Sweet Grass Ranch as per agreement attached hereto;
AND THAT the CAO be authorized to sign on behalf of the Municipality.
For: 7 Against:
CARRIED UNANIMOUSLY

9.6 WSFN TLE Selection: BR Community Pasture

Resolution No: 2023/087
Moved By: Arnie Pedersen
Seconded By: Jarrett Mosiondz
WHEREAS Wuskwi Sipihk First Nation has selected a portion of the former Birch River Community Pasture (portions of NW 1-41-26, SW 1-41-26W, NW 36-40-26W, SW 36-40-26W and full quarters of the NE 1-41-26W, SE 1-41-26W, NE 36-40-26W, SE 36-40-26W);
AND WHEREAS the Rural Municipality have an undeveloped road allowance through that selection;
THEREFORE BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby allow the portion of undeveloped road allowance included within the selection, as described in Schedule ‘A’ attached hereto, to be included within the TLE Selection of Wuskwi Sipihik First Nation;
AND THAT the CAO be authorized to sign on behalf of the Municipality.
For: 6 Against: 1
CARRIED

9.7 Mafeking Water Break: Private Property

Resolution No: 2023/088
Moved By: Jarrett Mosiondz
Seconded By: Nestor Rizok
WHEREAS there was a severe water line break on private property due to the disrepair at 131 Thomson Street, Mafeking;
AND WHEREAS the break lead to significant water loss, distruptions to the entire utility service, a boil water advisory, and additional contractor and staff time;
THEREFORE BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby issue an invoice to the property owner of 131 Thomson Street, Mafeking in the amount of:
The maximum allowable fine as per utility rate By-Law number 10/19 in the amount of $500.00;
Costs incurred by Wyatt Transport Ltd.;
Additional hours incurred by Mafeking Water Plant Employee; and
Additional hours incurred by CAO.
For: 7 Against:
CARRIED UNANIMOUSLY

9.8 Property Maintenance: Birch River

Resolution No: 2023/089
Moved By: Arnie Pedersen
Seconded By: Jarrett Mosiondz
WHEREAS there is no formal agreement with F. Abrahamson to utilize the Birch River former CN Railway Line for hay;
AND WHEREAS the Rural Municipality of Mountain feel that the LUD of Birch River appearance would significantly improve were this area to be cut regularly;
THEREFORE BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby request that F. Abrahamson not utilize the CN Railway Line for hay for the 2023 season and add this to the Public Works grass cutting schedule.
For: 7 Against:
CARRIED UNANIMOUSLY

9.9 Retention and Destruction of Records

Resolution No: 2023/090

Moved By: Nestor Rizok
Seconded By: Jarrett Mosiondz

BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby authorize the CAO to destroy Municipal Documents under the Manitoba Regulation No. 53/97 as per Schedule ‘A’ attached hereto.
For: 7 Against:
CARRIED UNANIMOUSLY

10. Communications

10.1 MB Transportation & Infrastructure 5 Year Capital Plan: Review

10.2 The Phone Book Company/Yellow Pages Invoice

Resolution No: 2023/091
Moved By: Arnie Pedersen
Seconded By: Wilmer Malcolm
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby discontinue payment for advertising the Municipal Office in the Yellow Pages, upon renewal of contract.
For: 7 Against:
CARRIED UNANIMOUSLY

10.3 Parkland Tourism Membership/Advertising

Resolution No: 2023/092
Moved By: Stephen Nadolney
Seconded By: Nestor Rizok
BE IT RESOLVED THAT Council of the Rural Municipality of Mountain hereby approve the membership to Parkland Tourism in the amount of $299.00;
AND FURTHER BE IT RESOLVED THAT Council hereby approve the advertisement in the 2023 Parkland Tourism Guide in the amount of $695.00.
For: 7 Against:
CARRIED UNANIMOUSLY

10.4 Parkland Library Annual Report: Review

11. Adjournment

Resolution No: 2023/093
Moved By: Stephen Nadolney
Seconded By: Arnie Pedersen
BE IT RESOLVED THAT the Regular Meeting of Council of the Rural Municipality of Mountain be adjourned to meet again on April 11th, 2023.
Meeting adjourned at 1:40 p.m.
For: 7 Against:
CARRIED UNANIMOUSLY