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REGULAR MEETING OF COUNCIL – MAY 29TH, 2007

TOWN OF BEAUSEJOUR

REGULAR MEETING OF COUNCIL, MAY 29TH, 2007

1. CALL MEETING TO ORDER: 6:30 P.M.:

Members Present:

Mayor: Don Mazur

Deputy Mayor: Brad Saluk

Councillors: Teresa L. Gmiterek

Art Berry Ed Dubray

CAO: James Fenske

2. CONFIRMATION OF MINUTES:

#178/07 Moved by: Coun. T. Gmiterek

Seconded by: Coun. B. Saluk

BE IT RESOLVED that the minutes of the May 8th, 2007 Council Meeting be adopted as presented.

(CARRIED)

3. DELEGATIONS:

1. Robyn Sierks, on behalf of Changes Drop in Centre, appeared before Council and gave an overview of their program and submitted a request to the Town for approximately 1,000 sq. ft. of donated meeting space within walking distance of Town.

Mayor Don Mazur thanked Ms. Sierk for her informational presentation and Council directed the Administration to check on a few possible locations for discussion at the June 12th, 2007 Meeting.

2.  Jody Rattai appeared before Council with a request for Water & Sewer Services for her property located on Third Street South in the Rural Municipality of Brokenhead.

Discussions took place regarding possible voluntary annexation of Ms. Rattai’s 14 acres in the future and she expressed a willingness to consider this. For the present time, a Tri-party Agreement between the Town of Beausejour, the Rural Municipality of Brokenhead and Ms. Rattai will be entered into.

4. VARIATION BOARD: 7:00 P.M.:

#179/07 Moved by: Coun. E. Dubray

Seconded by: Coun. B. Saluk

BE IT RESOLVED that the Council do now adjourn to form into a Variation Board at 7:00 P.M.

(CARRIED)

4. VARIATION BOARD: 7:00 P.M.: (Cont’d)

1. Variation TBV1/07 – Derek & Candice Holigroski (511 Pacific Avenue)

#180/07 Moved by: Coun. B. Saluk

Seconded by: Coun. A. Berry

BE IT RESOLVED that the Town of Beausejour’s Variation Board do hereby approve the request by owner/applicant Derek & Candice Holigroski as follows (File No. TBV-01-07):

(1)  To vary the wall height for an accessory building from the required

ten (10) feet to twelve (12) feet; a variance of two (2) feet

To allow for the construction of a 24’ x 30’ accessory building in an “R1” Single Family Residential Zone, on the property known as 511 Pacific Avenue, (Lot 69, Plan 527).

(CARRIED)

2. Variation TBV2/07 – Wes Singbeil (421 Ashton Avenue)

#181/07 Moved by: Coun. T. Gmiterek

Seconded by: Coun. B. Saluk

BE IT RESOLVED that the Town of Beausejour’s Variation Board do hereby approve the request by owner/applicant Wesley Singbeil as follows (File No. TBV-02-07):

(1)  To vary the total site coverage for accessory building from the maximum 900 square feet to 1,120 square feet, a variance of 220 square feet;

To allow for the construction of a 28’ x 28’ addition to the rear of the existing 24’ x 14’ garage, in an “R1” Single Family Residential Zone, on the property known as 421 Ashton Avenue, (PT. Lots 35 & 36, Plan 527).

(CARRIED)

#182/07 Moved by: Coun. A. Berry

Seconded by: Coun. E. Dubray

BE IT RESOLVED that the Town of Beausejour’s Variation Board do now adjourn at 7:06 P.M.

(CARRIED)

5. CORRESPONDENCE:

1. AMM – 2007 June District Meeting – Eastern District June 11, 2007

#183/07 Moved by: Coun. T. Gmiterek

Seconded by: Coun. E. Dubray

BE IT RESOLVED that the following be authorized to attend the 2007 June District Meeting to be held on Monday, June 11th, 2007 in East Selkirk, Manitoba, expenses as per By-Law No. 1558/05:

Councillor Brad Saluk

Councillor Art Berry

(CARRIED)

5. CORRESPONDENCE: (Cont’d)

2.  Shades of the Past Annual Car Show – Closure of Park Avenue, August 26, 2007.

#184/07 Moved by: Coun. A. Berry

Seconded by: Coun. T. Gmiterek

BE IT RESOLVED that the Council of the Town of Beausejour authorize the closure of Park Avenue between 2nd Street and 5th Street plus the closure of 3rd Street from Park Avenue to Ashton Avenue on Sunday, August 26th, 2007 from 9:00 a.m. to 3:00 p.m. for the annual Shades of the Past Show Car Show subject to the following conditions:

1. That the Administration of the Town be provided copies of written correspondence to the Beausejour/Brokenhead Fire Department, the NEHA Ambulance Service and the Beausejour Community RCMP Office advising them of the closure of Park Avenue from 2nd Street to 5th Street plus 3rd Street from Park Avenue to Ashton Avenue on August 26th, 2007.

2. That Park Avenue between 2nd Street to 5th Street and 3rd Street from Park Avenue to Ashton Avenue be totally barricaded.

3. That within the plan for the closure of Park Avenue specific personnel be assigned the responsibility to open the barricades for Emergency Vehicles as necessary.

4. That the organizers of the event discuss with the Director of Operations the timing and provision of barricades from the Town of Beausejour.

AND FURTHER that the Department of Operations be directed to provide the necessary barricades.

(CARRIED)

6. COMMITTEE REPORTS:

(a)  Legislative and Finance Committee

1. Approval of Accounts

#185/07 Moved by: Coun. T. Gmiterek

Seconded by: Coun. B. Saluk

BE IT RESOLVED that Cheques #34844 to #34949 totaling

$256,316.97 and automatic withdrawals totaling $11,132.52 for the period ending May 29, 2007 be authorized for payment.

(CARRIED)

2. 2006 Audited Financial Statement

#186/07 Moved by: Coun. A. Berry

Seconded by: Coun. E. Dubray

BE IT RESOLVED that the Council of the Town of Beausejour receives the 2006 Audited Financial Statement.

(CARRIED)

6. COMMITTEE REPORTS: (Cont’d)

(a)  Legislative and Finance Committee (Cont’d)

3. Brokenhead River Recreational Complex Inc. - Lease Agreement Amendment

#187/07 Moved by: Coun. A. Berry

Seconded by: Coun. E. Dubray

BE IT RESOLVED that the Council of the Town of Beausejour authorizes the Administration to submit to the Board of Directors of the Brokenhead River Recreation Complex Inc. a new Lease Agreement with the following clauses deleted:

Page 3 Clause 3a) iii.

Page 5 Clause D. 10.

Page 5 Clause D. 11.

(CARRIED)

4. Water and Wastewater Agreement – Jody Rattai

#188/07 Moved by: Coun. B. Saluk

Seconded by: Coun. T. Gmiterek

BE IT RESOLVED that the Council of the Town of Beausejour authorize the signing of a Tri-party Agreement between the Town of Beausejour, the R.M. of Brokenhead and Ms. Jody Rattai for the provision of Water and Wastewater Services to Lot 9, Block 7, Plan 20562.

(CARRIED)

5. Town of Beausejour and the Rural Municipality of Brokenhead

- Revenue Sharing Agreement.

#189/07 Moved by: Coun. A. Berry

Seconded by: Coun. E. Dubray

BE IT RESOVED that the Council of the Town of Beausejour directs the Administration to prepare the necessary documentation to cancel the Revenue Sharing Agreement – September 2002 between the Town of Beausejour and the Rural Municipality of Brokenhead.

(CARRIED)

6. Town of Beausejour and the Rural Municipality of Brokenhead

- Inter-Municipal Protocol Agreement.

#190/07 Moved by: Coun. E. Dubray

Seconded by: Coun. A. Berry

BE IT RESOLVED that the Council of the Town of Beausejour authorizes the appropriate signing authorities of the Town of Beausejour to sign the Inter-municipal Protocol Agreement with the Rural Municipality of Brokenhead upon the formal approval of the Rural Municipality of Brokenhead to enter into the Inter-municipal Protocol Agreement.

(CARRIED)

6. COMMITTEE REPORTS: (Cont’d)

(a)  Legislative and Finance Committee (Cont’d)

7. Rural Municipality of Brokenhead and the Town of Beausejour

- Joint Meeting Notes for May 2, 2007

#191/07 Moved by: Coun. A. Berry

Seconded by: Coun. B. Saluk

BE IT RESOLVED that the discussion notes from the Joint Meeting of the Town of Beausejour and the Rural Municipality of Brokenhead held May 2, 2007 be received as presented.

(CARRIED)

8. Outstanding Water & Sewer – Add to Taxes

#192/07 Moved by: Coun. T. Gmiterek

Seconded by: Coun. B. Saluk

PURSUANT TO Section 252 (1) (2) of The Municipal Act BE IT RESOLVED that the following Water & Sewer Accounts be added to taxes:

Tax Roll No. Address Amount

29100 521 First Street North $641.38 W&S #504003-0

66650 415 Pine Avenue $103.30 W&S #418001-1

82200 342 Park Avenue $204.58 W&S #111023-1

(CARRIED)

9.  Destruction Resolution

#193/07 Moved by: Coun. A. Berry

Seconded by: Coun. T. Gmiterek

WHEREAS Section 262 of The Municipal Act authorizes municipalities to destroy certain records specified by regulation;

AND WHEREAS Regulation 53/97 specifies in detail the disposition of certain records;

BE IT RESOLVED that the following records be destroyed by fire as provided by the regulation:

3. Administration

3.1 Miscellaneous Files

- Routine Correspondence 1995 – 2005

Suppliers 2000 – 2005

Association of Manitoba Municipalities 2000 – 2005

Various Complaint Forms 1991 – 2004

Animal Control Reports 1998 – 2000

3.7  Tax Certificates 1992 & 1993

4. Financial Management

4.1 Accounts Payable 1996

Water & Sewer Applications 1993 – 1996

Utility Receipts 1999

General Receipts 1995 – 1999

4.2 Bank Statements 1996 – 2000

Deposit Books 1996 – 2000

6. COMMITTEE REPORTS: (Cont’d)

(a)  Legislative and Finance Committee (Cont’d)

9.  Destruction Resolution (Cont’d)

5. Licensing/Permits

5.2 Lottery Licenses 1995 – 2001

Dog Licenses 1996 – 2001

14. Assessment and Taxation

14.1a Preliminary Assessment Rolls 1998 & 1999

14.3a Tax Statements 1999 – 2003

14.3b Tax Receipts 1999

14.4b Tax Roll Additions/Cancellations 2001 – 2003

Tax Change of Address 2001 – 2003

15.  Fire and Emergency Measures

15.1. Routine Correspondence 1981-2004

(CARRIED)

(b)  Personnel & Policy Committee

1. CAO Report

#194/07 Moved by: Coun. B. Saluk

Seconded by: Coun. E. Dubray

BE IT RESOLVED that the Council of the Town of Beausejour receive the Chief Administrative Officer’s Report.

(CARRIED)

(c)  Protective Services Committee

1. RCMP – Mayor’s Report for March/April 2007

(d)  Operations Committee

1. Snow Clearing and Removal Policy

#195/07 Moved by: Coun. A. Berry

Seconded by: Coun. T. Gmiterek

BE IT RESOLVED that the Council of the Town of Beausejour approves the Municipal Snow Clearing and Removal Policy PW 2007-08.1 being a policy of the Town of Beausejour to establish the priorities for the clearing and removal of Snow from the street and road right-of-way.

(CARRIED)

6. COMMITTEE REPORTS: (Cont’d)

(d)  Operations Committee (Cont’d)

2.  Concrete Tender for 2007

#196/07 Moved by: Coun. B. Saluk

Seconded by: Coun. A. Berry

BE IT RESOLVED that the concrete tender for the 2007 concrete season be awarded to Beausejour Redi-Mix Aggregates at the following rates:

30 MPA Type 10 Concrete $132.26/cu.yd.

No Air

30 MPA Type 10 Concrete

With Air Entrainment $134.94/cu.yd.

Under Load Charge $ 60.00/load

and subject to the following terms:

1)  that the Town reserves the right to switch to the next highest supplier if it is deemed to be in the Town’s best interests, and

2)  the supplier understands and agrees that this decision shall be at the sole discretion of the Town and/or its duly appointed representatives.

(CARRIED)

3.  2007 Paving Tender

#197/07 Moved by: Coun. E. Dubray

Seconded by: Coun. T. Gmiterek

BE IT RESOLVED that the 2007 Paving Tender Contract be awarded to Maple Leaf Construction for the combined tendered price of $622,630.25 + $37,357.82 GST.

(CARRIED)

(e)  Environmental Health Committee - Nil

(f)  Economic Development Services Committee - Nil

(g)  Recreation and Culture

1. Community Services Department - Appointment of Director

#198/07 Moved by: Coun. T. Gmiterek

Seconded by: Coun. A. Berry

BE IT RESOLVED that the Council of the Town of Beausejour approves the appointment of Mr. Bruce Schade as the Director of Community Services for the Town of Beausejour;

AND FURTHER that Mr. Schade be appointed as a Designated Officer of the Corporation of the Town of Beausejour.

(CARRIED)

7. BY-LAWS FOR CONSIDERATION:

1. By-Law 1606/07 – Special Services Levy for Waste Management

#199/07 Moved by: Coun. B. Saluk

Seconded by: Coun. E. Dubray

BE IT RESOLVED that By-Law No. 1606/07, being a by-law of the Town of Beausejour to provide for the assessment of a Special Services Levy for Collection and Transportation of Household Solid Wastes, Other Household Solid Waste, Commercial and Industrial Solid Waste, Curbside Recycling and the Compost Site, be given second reading as amended.

(CARRIED)

#200/07 Moved by: Coun. T. Gmiterek

Seconded by: Coun. A. Berry

BE IT RESOLVED that By-Law No. 1606/07, being a by-law of the Town of Beausejour to provide for the assessment of a Special Services Levy for Collection and Transportation of Household Solid Wastes, Other Household Solid Waste, Commercial and Industrial Solid Waste, Curbside Recycling and the Compost Site, be given third reading.

Recorded Vote: For Against Abstained Reason

Section 137 of Don Mazur X

Municipal Act Brad Saluk X

Teresa L. Gmiterek X

Art Berry X

Ed Dubray X

(CARRIED)

2. By-Law 1607/07 – Building By-Law

#201/07 Moved by: Coun. E. Dubray

Seconded by: Coun. A. Berry

BE IT RESOLVED that the Town of Beausejour give Municipal By-Law No. 1607/07, being a by-law of the Town of Beausejour with respect to the administration and enforcement in the design, construction, erection, placement and occupancy and change in occupancy of existing buildings and any requirements that are necessary to correct unsafe conditions in existing buildings, third reading.

Recorded Vote: For Against Abstained Reason

Section 137 of Don Mazur X

Municipal Act Brad Saluk X

Teresa L. Gmiterek X

Art Berry X

Ed Dubray X

(CARRIED)

8. COMMITTEE OF THE WHOLE: - Nil

9. ADJOURNMENT: 7:47 P.M.

#202/07 Moved by: Coun. A. Berry

Seconded by: Coun. T. Gmiterek

BE IT RESOLVED that Council do now adjourn at 7:47 P.M. to meet again in the Town of Beausejour on June 12th, 2007.

(CARRIED)

......

DON MAZUR

MAYOR

......

JAMES FENSKE

CHIEF ADMINISTRATIVE OFFICER