Regular Council Meeting

November 9, 2010

THE RURAL MUNICIPALITY OF ARMSTRONG
MINUTES
REGULAR COUNCIL MEETING
November 9, 2010
The Council of The Rural Municipality of Armstrong held its regular monthly Council meeting on Tuesday, November 9, 2010 at 10:00 A.M. in the Council Chambers in the R.M. Office in Inwood, Manitoba.
Present: / Garry Wasylowski Reeve
Allen Pfrimmer Councillor, Ward 1
Carol Lavallee Councillor, Ward 2
David Yablonski Councillor, Ward 4
Allen Evanchyshin Councillor, Ward 5
Also Present: / Carol Oppermann, Chief Administrative Officer

CALL COUNCIL TO ORDER

With a quorum present, Reeve Wasylowski called the meeting to order at 10:00 A.M.
Reeve Wasylowski congratulated Council on their being elected to Council and the need to work together. Reeve Wasylowski also stated that the Management structure of the municipality needs to be reviewed with defining of the roles of the CAO, Committees and Committee Chairperson. The need to plan for the future, where Council going is, what needs to be done in the next four years including projects and the purchasing of equipment.
334/10
Evanchyshin
Yablonski / RESOLVED that the agenda for the regular meeting of November 9, 2010 be adopted as amended.
Carried
335/10
Yablonski
Lavallee / READ AND CONFIRM MINUTES
RESOLVED THAT the minutes of the regular meeting of October 12, 2010 and the special meeting of November 2, 2010 be adopted as circulated to council.
Carried
336/10
Pfrimmer
Lavallee / RESOLVED THAT the minutes of the Board of Revision held on October 25, 2010 be adopted as read.
Carried
COMMITTEES
337/10
Pfrimmer
Evanchyshin / RESOLVED THAT Councillor Lavallee be appointed Deputy Reeve.
Carried
338/10
Yablonski
Pfrimmer / RESOLVED THAT appointments to the Standing Committees of Council be as follows:
Roads Committee
Council as a Whole
Chairperson – Councillor ______
Drainage Committee
Council as a Whole
Chairperson – Councillor Evanchyshin
Protective Services Committee
Councillor Pfrimmer
Councillor Yablonski
Councillor ______
Chairperson – Councillor Yablonski
Waste Management Committee
Councillor Lavallee
Councillor Pfrimmer
Councillor ______
Chairperson – Councillor Lavallee
Carried
339/10
Yablonski
Lavallee / COMMITTEES continued
RESOLVED THAT that the appointments to the other bodies of Council be as follows:
Community Futures East Interlake
Councillor ______
Interlake Development Corporation
Councillor Lavallee
Councillor ______, Alternate
Interlake Development Corporation – Transportation Committee
Councillor ______(Roads Chairperson)
Interlake Pioneer Trail
Councillor Pfrimmer
Interlake Weed Control Board
Councillor Yablonski
Councillor Lavallee
Interlake Veterinary Services Board
Councillor ______
Fisher Armstrong Planning District
Reeve Wasylowski
Councillor Lavallee
Councillor Pfrimmer
South Interlake Emergency Measures Board
Councillor Lavallee
Councillor ______– Alternate
Narcisse Snake Management Advisory Group
Councillor Lavallee
Arborg & District Immigration Committee
Councillor ______
Immigrant Settlement Services Advisory Committee
Councillor ______
Interlake Tourism Association
Councillor Lavallee
Manitoba Association of Regional Recyclers
Councillor Lavallee
Responsible Electronics Recycling
Councillor ______
East Interlake Conservation District
Icelandic River/Lower Interlake Sub-Committee
Reeve Wasylowski
Citizen Member ______
Netley/Wavey/Parks Creeks Sub-Committee
Councillor Evanchyshin
Citizen Member Victor Dziedzic
West Interlake Watershed Conservation District
Lower West Interlake Sub-District
Councillor Lavallee
Citizen Member Jack Cruise
Shoal Lakes Sub-District
Councillor Allen Pfrimmer
Citizen Member Lee Wirgau
Western Interlake Water Management Association
Councillor Pfrimmer
Councillor Lavallee
Vestfold Water Management Committee
Councillor Pfrimmer
Councillor Lavallee
Citizen Member Lee Wirgau
Carried
MONTHLY FINANCIAL STATEMENTS
The CAO provided Council with the following additional information:
1. Financial report to October 31, 2010
2. Preliminary statement to November 9, 2010
3. Gas Tax – Road/Ditch Construction Report
4. Building Canada Fund – Flooding Mitigation Report
5. 2010 Drainage Plan
6. Verbal report for the forecasted year end
340/10
Yablonski
Evanchyshin / WHEREAS THE Financial Statement for the ten months ended October 31, 2010 have been examined and found to be in order;
THEREFORE BE IT RESOLVED that the said Financial Statements be approved.
Carried
ACCOUNTS APPROVED FOR PAYMENT
341/10
Yablonski
Pfrimmer / RESOLVED THAT the Election Officials rate of pay be as follows:
Enumerators $12.00 per hour
Election Officials (Deputy Returning Officers)
$15.00 per hour
Voting Officials (Poll Clerks) $12.00 per hour
AND FURTHER BE IT RESOLVED THAT travel be paid at the Province of Manitoba rate per km.
Carried
342/10
Pfrimmer
Lavallee / WHEREAS Members of Council have submitted accounts, verified by statutory declaration, of the indemnities, travel and expenses for the period ending October 31, 2010;
THEREFORE BE IT RESOLVED that payment be authorized in accordance with By-Law No. 3/08.
Carried
343/10
Lavallee
Yablonski / WHEREAS the accounts of the R.M. of Armstrong for the period ending October 31, 2010 have been examined and found to be in order;
THEREFORE BE IT RESOLVED that cheque numbers 8867 to 8943 and 8945 to 8955 all inclusive, for the total amount of $103,664.90 be approved for payment.
Carried
BY-LAWS
344/10
Pfrimmer
Yablonski / RESOLVED THAT By-law No.16/10 being a by-law to amend By-law No. 12/10, the By-law authorizing the conditions of employment for the Chief Administrative Officer (CAO) and Assistant CAO be read a first time.
Carried
345/10
Yablonski
Lavallee / RESOLVED THAT By-law No.16/10 being a by-law to amend By-law No. 12/10, the By-law authorizing the conditions of employment for the Chief Administrative Officer (CAO) and Assistant CAO be read a second time.
Carried
WARD REPORTS
Ward 1
·  nothing to report
Ward 2
·  Reported a collapsed culvert at NW 24-21-1E (Res. No.346/10)
Ward 3
·  No report
Ward 4
·  nothing to report
Ward 5
·  advised that Perry Dola would like to clean the bull rushes in a drain located on his property at E19-18-3E. The municipality will apply for a drainage license. (Res. No. 347/10)
346/10
Lavallee
Yablonski / RESOLVED THAT Council approve the replacement of a collapsed culvert at NW 24-21-1E with an 18” x 40’ (2 x 20”) plastic culvert to a maximum cost of $4,000.00.
AND FURTHER BE IT RESOLVED THAT the municipality apply for a drainage licence.
Carried
347/10
Evanchyshin
Yablonski / RESOLVED THAT Council approve the cleaning of bull rushes in the drain located at E19-18-3E as per the request of Perry Dola at his own expense.
AND FURTHER BE IT RESOLVED THAT the municipality apply for a drainage license.
Carried
BUSINESS FROM PREVIOUS MINUTES
a) Board of Revision – 2010 Cancelled taxes (supplemental)
348/10
Lavallee
Pfrimmer / RESOLVED THAT the following supplementary taxes be cancelled due to decisions of the Board of Revision or by an agreement to revise supplementary assessments as per Manitoba Assessment:
Roll #322800 $ 64.21
Roll #39500 $1,077.17
Carried
b) Town of Arborg – Lagoon Agreement Renewal – CAO to write a letter advising that a contract similar to the Town of Teulon and the R.M. of Gimli would better suit the needs of the R.M. of Armstrong.
c) Rainy Day Software Corp. – Communications Tower Agreement
349/10
Yablonski
Evanchyshin / RESOLVED THAT the RM of Armstrong enter into a Communications Tower Agreement with Rainy Day Software Corp. for the period of September 1, 2010 to August 31, 2017.
AND FURTHER BE IT RESOLVED THAT THE Reeve and the Chief Administrative Officer be authorized to sign the agreement on behalf of the Rural Municipality of Armstrong.
Carried
UNFINISHED BUSINESS
a) Election Official – Rates of Pay – Resolution 341/10
b) Graveling Contract – deferred to Council Planning session
UNFINISHED BUSINESS continued
c) Resolution for Disaster Financial Assistance
350/10
Pfrimmer
Lavallee / WHEREAS the Council of the Rural Municipality of Armstrong requested that the Province of Manitoba provide financial assistance for both its public and private sectors, through the Disaster Financial Assistance Program in Resolution No. 332/10 dated November 2, 2010;
FURTHER BE IT RESOLVED THAT THE Disaster Financial Assistance be for the major flooding as a result of the rainfall that occurred October 26th & 27th, 2010.
Carried
HEARING DELEGATIONS
1:00 P.M. – Alana Morin & Delegates – Shoal Lake Flood Farmers Assoc. – presented a letter dated November 9th, 2010 requesting Council to lobby, with the other three municipalities, for a drain to Lake Manitoba as outlined in the K.G.S. report. Ms. Morin also stated that PR 415 and 518 need to be rebuilt. Reeve Wasylowski advised that the dykes build in 2005 have set precedent and the federal government should be involved. The federal government won’t step in until the provincial government submits a request. Reeve Wasylowski has also heard that the only option the government is considering is the buy out.
1:15 P.M. – Henry Dupont & delegates - By-law 06/04 - Auction Mart – Reeve Wasylowski gave an update on the file. Upon the passing of By-law 06/04, the Inwood Auction Mart was grandfathered, as the use of the property existed prior to the by-law. The owners of the Inwood Auction Mart did request that the use of the property be changed to Agriculture – livestock feeding operation which was denied by Council. A livestock operation requires 40 acres and would have required the owners to apply for a variation order which was never applied for. As part of their operation the Inwood Auction Mart is operating a weigh and test operation which is consistent with an Auction Mart. Council can only deal with the by-laws of the municipality. Issues regarding the environment cannot be dealt with at a municipal level and has to be dealt with by the Province. The municipality is not taking legal action however will be clarifying their by-laws at a meeting on November 16th, 2010.
1:45 P.M. – Shawn Jacobucci – Road access SW 30-18-1E – Mr. Jacobucci raised concerns that he would like 365-day access to his property. The road allowance which permits him access is being used as a snowmobile trail without his consultation. He advised that he needs a “Snopass” and it is illegal for him to drive his truck on the trail. Reeve Wasylowski advised that the former Council gave permission to Snowmobile Club to put in trail. The Snowmobile Club cannot take away road access to the property. Fixing of the road is not possible for this year.
2:15 P.M. – Dennis Martin – Drainage – SE 28-21-1E – Mr. Martin advised that he has had a drainage problem for 20 to 25 years. the drain crossed a natural run and a culvert was never put in. Needs a culvert put in following the natural run. Lawrence Dern is in agreement with the culvert and has agreed to sign an easement. Second request is to clean out the ditch ½ mile of south side of property.
2:30 P.M. – Ralph Eichler, MLA Lakeside – At as the next election October 4th, 2011, the RM of Armstrong will be part of the Lakeside boundary. Discussed the concerns regarding Shoal Lakes and encourages a solution and then move forward. Doesn’t think that a buy out is an option. Discussed Manitoba Hydro and the charging leases on land under the towers. Beavers - government has to step in with the beaver issues and need to do some serious conservation. PR 512 closed last week. Flooding issues extend past Shoal Lakes. Farmers can’t get their hay. Reeve Wasylowski stated that it is a pending disaster as lake levels are increasing. Not just Shoal Lakes, water up to roads. Dennis Lake is spilling all over the place. Fish Lake – rebuilding drain – part of drain promised by 2007 by the province and again this year and hasn’t been done. Asking for fairness, 2005 threat – dyke around Lake Winnipeg at a drop of the hat, in fairness Shoal Lake is due the same consideration.
RECEPTION OF PETITIONS
Nil
NEW BUSINESS
a)  AMM Convention – Meeting with other organizations – CAO provided an update of meetings requested during the convention with the Ministers of Agriculture, Infrastructure & Transportation and Water Stewardship. A meeting has also been requested with the RCMP to discuss policing issues in the municipality and specifically within the Hamlet of Inwood.
NEW BUSINESS continued
b)  Development Plan & Zoning By-law Review – the initial meeting with Don Malinowski, Manager of Community Planning Services, Selkirk Regional Office is scheduled for Tuesday, November 16th, 2010 at 10:00 a.m. The meeting will set an agenda as to the direction the municipality needs to go including issues surrounding the Inwood Auction Mart.
c)  Inwood Manor – Council Representative
351/10
Evanchyshin
Yablonski / RESOLVED THAT Councillor Pfrimmer be appointed to represent the Rural Municipality on the Inwood Manor Board.
Carried
d)  Signing Authorities – RM of Armstrong
352/10
Pfrimmer
Evanchyshin / RESOLVED THAT as per By-law No.7/04 Section 9, the following be added as signing authorities for the RM of Armstrong at Sunova Credit Union:
Garry Wasylowski - Reeve
Carol Lavallee - Deputy Reeve
Carried
e)  Council Planning Session is scheduled for Tuesday, November 16th, 2010 at 7:00 p.m.
f)  West Interlake Conservation District – Annual Meeting – November 18th, 2010
CORRESPONDENCE
The following correspondence was presented to Council:
From / Subject / Disposition
1. Tony Pezak / Cancellation of lease permit / Rec’d as information
2. D. Clarke, Water Stewardship / Hand Pump Wells and Artesian Wells / Will advise of artesian well at NW12-21-1W
3. MMAA / 2011 Manitoba Planning Conference / Rec’d as information
4. Office of the Fire Commissioner / Administer Part 3 of the Manitoba Building Code / Rec’d as information
5. The Property Registry / Special Survey Sections 9, 10, 15 & 16 19-13E / Rec’d as information
6. G. Zaborosky (Cpl.) RCMP / Reeve’s Report – 2010-10-01 / Rec’d as information
7. Eugene Klochko / Culvert N of 13-18-2E / Rec’d as information
8. Ducks Unlimited Canada / Cost Sharing of Cleaning out Vestfold Outlet Ditch / Rec’d as information
9. EICD / Sub District Appointment Procedure / Rec’d as information
10. Ernst & Karin Stiglmayr / Cancellation of lease permit / Rec’d as information
11. Ron Lemieux, Minister of Local Government / Congratulations on election / Rec’d as information
12. MB Conservation Districts Assoc. / 2010 Manitoba Conservation Districts Assoc. Convention / Rec’d as information
13. R. Mc Auley / SW 4-19-3E Approach / Deferred – Councillor Yablonski to get further information
14. Joe & Kim Streker / NW 6-19-1W – Road condition / Res. #353/10
15. Ron Siatecki, MIT / Lease agreement SW 11-19-1W / Rec’d as information
16. Manitoba Crime Stoppers / Annual donation / Deferred to 2011 budget