MINUTES OF THE REGULAR MEETING OF COUNCIL OF THE RURAL MUNICIPALITY OF ARMSTRONG HELD IN THE COUNCIL CHAMBERS IN THE TOWN OF INWOOD, MANITOBA ON TUESDAY, SEPTEMBER 13, 2011.

PRESENT:Reeve Garry Wasylowski

Councillor Allen Pfrimmer Ward 1

Councillor Carol Lavallee Ward 2

Councillor Diane Woychyshyn Ward 3

Councillor Les Marchak Ward 4

Councillor Allen Evanchyshin Ward 5

Chief Administrative Officer John Livingstone

ABSENT:

CALL COUNCIL TO ORDER

With a quorum present, Reeve Wasylowski called the meeting to order at 10:00 A.M.

#233/11MOVED by Councillor Pfrimmer

SECONDED by Councillor Marchak

RESOLVED THAT a Public Hearing is now called to order at 10:00A.M. for Conditional Use 11-02 to allow a temporary additional dwelling on Lot 1 / 2 Block 1, Plan 2396, 31 Railway Street, General Development Zoning district in the Townsite of Inwood in the Rural Municipality of Armstrong

CARRIED

INFAVOUR

ApplicantsJohn & Leslie Cartwright

  • Land use is for the parentswho are aged and need assistance
  • Recognize the land use is temporary as per the Zoning By-Law 6-2004Section 46 c) or condition # 5)

AGAINSTJanet Lambert

  • Concern that property owners are not present
  • Concern over Sewage
  • Concerned that an addition to the existing house is not applied for

Brian Lambert

  • Concern over the temporary use becoming permanent
  • Concern that add on will be rented out in future which is not in compliance with the Zoning By-Law 6-2004

#234/11MOVED by Councillor Marchak

SECONDED by Councillor Woychyshyn

RESOLVED THAT a Public Hearing for Conditional Use 11-02 to allow a temporary additional dwelling on Lot 1 / 2 Block 1, Plan 2396, 31 Railway Street, General Development Zoning district in the Townsite of Inwood in the Rural Municipality of Armstrong be adjourned at 10:15 A.M.

CARRIED

#235/11MOVED by Councillor Marchak

SECONDED by Councillor Woychyshyn

WHEREAS the Public Hearing for Conditional Use 11-02 to allow temporary additional dwelling on Lot 1 / 2 Block 1, Plan 2396, 31 Railway Street , General Development Zoning district in the Townsite of Inwood in Rural Municipality of Armstrong was held

AND WHEREASTWO objections were received;

THEREFORE BE IT RESOLVED THATCouncil grant Conditional Use Permit 11-02 subject to the following conditions:

1)A conditional use application fee of $150.00 shall be paid

2)A refundable performance deposit shall be paid to the Rural Municipality of Armstrong in the amount of $500.00 to be applied against any Municipal costs related to the installation of the temporary additional dwelling

3)A building permit be obtained from the Fisher Armstrong Planning District

4)The approval of Council shall expire and cease to have any effect if it is not acted upon within twelve months of the date of the decision, unless it is renewed at the discretion of Council for an additional period not exceeding twelve months.

5)The Temporary Additional Dwelling or Mobile Home shall be registered at the Land Titles Office as a caveat.The caveat shall require that the Temporary Additional Dwelling or Mobile Home be placed on a temporary foundation only, and is to be removed upon the cessation of the occupancy of the elderly parent(s) or other family members requiring care and assistance.

6)The applicant / owner shall pay for all water and sewage connection and sewage disposal costs and shall be in accordance and compliance with the Manitoba Environment Act

7)The applicant / owner shall pay for the installation of a holding tank that shall be installed in compliance and approval of Manitoba Conservation

8)The applicant / owner shall pay any and all connection fees for all utilities and services and any other service costs related to this application

9)That the applicant/owner obtains any and all variations deemed necessary in order to comply with our Zoning By-Law 6-2004.

10)That all property taxes, arrears, penalties, and any other amount owing to the Municipality be paid

11)The applicant / owner shall pay any and all legal fees associated with this application and any other costs related to this application

CARRIED

#236/11MOVED by Councillor Evanchyshin

SECONDED by Councillor Lavallee

RESOLVED that the agenda for the regular meeting of September 13, 2011 be adopted as amended.

CARRIED

READ AND CONFIRM MINUTES

#0237/11MOVED by Councillor Pfrimmer

SECONDED by Councillor Evanchyshin

RESOLVED that the minutes of the regular meeting ofAugust 9, 2011 be adopted as circulated to council.

CARRIED

MONTHLY FINANCIAL STATEMENTS

#0238/11MOVED by Councillor Pfrimmer

SECONDED by Councillor Marchak

WHEREAS THE Financial Statements for the seven months ended August 31, 2011 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

#0239/11MOVED by Councillor Marchak

SECONDED by Councillor Pfrimmer

WHEREAS the accounts of the RM of Armstrong for the period ending September 12, 2011 have been examined and found to be in order.

THEREFORE BE IT RESOLVED that cheque numbers 9618 to 9682, both inclusive, for the total amount of $244,402.55 be approved for payment

And further that cheque #9676 in the amount of $6,861.75 be held for further information

CARRIED

BY-LAWS:

First Reading

By-Law No. 06 – 11 AUTHORIZING A BY-LAW OF THE RURAL MUNICIPALITY OF ARMSTRONG TO ESTABLISH THE POSITION OF CHIEF ADMINISTRATIVE OFFICER.

#240/11MOVED by Councillor Marchak

SECONDED by Councillor Lavallee

RESOLVED THAT By-law No. 06 – 11 BEING A BY-LAW OF THE RURAL MUNICIPALITY OF ARMSTRONG TO ESTABLISH THE POSITION OF CHIEF ADMINISTRATIVE OFFICER BE READ FOR THE FIRST TIME.

CARRIED

Second Reading

By-Law No. 06 – 11AUTHORIZING A BY-LAW OF THE RURAL MUNICIPALITY OF ARMSTRONG TO ESTABLISH THE POSITION OF CHIEF ADMINISTRATIVE OFFICER.

#241/11MOVED by Councillor Marchak

SECONDED by Councillor Pfrimmer

RESOLVED THAT By-law No. 06 - 11 BEING A BY-LAW OF THE RURAL MUNICIPALITY OF ARMSTRONG TO ESTABLISH THE POSITION OF CHIEF ADMINISTRATIVE OFFICER BE READ FOR THE SECOND TIME.

CARRIED

WARD REPORTS

WARD 1CouncillorPfrimmer

NIL

WARD 2CouncillorLavallee

Request from Larry Husey re: Trap on Culvert

Attended Roads Committee meeting on September 06, 2011

WARD 3Councillor Woychyshyn

NIL

WARD 4CouncillorLes Marchak

Attended Highway Traffic Board meeting in Winnipeg Re: Speed issue in Fraserwood

WARD 5CouncillorAllen Evanchyshin

NIL

UNFINISHED BUSINESS:

HEARING DELEGATIONS:

1:00 P.M. – James Bezan M.P. Ralph Eichler

Discussion on Federal/Provincial Programs involving Field & Pasture Restoration

Discussion on Disaster Financial Assistance Programs

Discussion on Building Canada Infrastructure Programs and that more projects can be approved should more or excess funding be available in the existing program

Discussion on PST (Retail Sales Tax) being removed for Real Property Capital Projects and Engineering Fees

1:15 P.M. – Jack Krasey

Requesting that ruts be taken off shoulder / widen the road

Request at intersection 4-20-2E at east end beaver dammed ditch/culvert pipe is filled and earth is in the ditch

Request at 34-19-2E ditch to be cleaned/earth filled.

Note: 300ft from ½ mile the culvert crossing the road caved in

1:30 P.M. – Thomas Dudar

Request at north 1-19-1E at the crooked part of the road , two culverts near the surface of the road/ need to be deeper.

Concern that additional drainage is needed

A request to clean along the north part of the ditch to about ¼ mile in length was made.

Drainage issue to be forwarded to the next meeting of the drainage committee.

1:45 P.M. – Chris Rygiel

Requesting a road west of Narcisse and willing to fund up to $3,500 towards the road project

2:00 P.M. – Walter Kletke

Requesting a burm on the East side of Cossette Street

Burm is estimated at 250 to 300 ft long by 3 to 4ft wide at 3ft in height

Burm will be on crown land and will require approval

2:15 P.M. – Dave Pomarenski

Discussion on different rate for beavers between the Municipal and Provincial Programs

RECEPTIONS OF PETITIONS:None

BUSINESS ARRISING FROM DELEGATIONS:None

GENERAL BUSINESS

#242/11MOVED by Councillor Pfrimmer

SECONDED by Councillor Lavallee

RESOLVED THAT Council authorize the following tax additions and cancellations as per the information received from Manitoba Local Government – Assessment Services in an email dated August 15, 2011.

2010 Cancelled:

Roll – 206400$128.45

2010 Added:

Roll – 200400$1301.29

2011 Cancelled:

Roll – 113200$ 35.64

Roll – 130400$ 72.98

Roll – 351300$ 19.40

Roll – 351500$155.18

Roll – 206400$151.25

2011 Added:

Roll – 113250$ 83.69

Roll – 161725$ 59.08

Roll – 200400$1532.25

Roll – 271900$ 132.04

Roll – 351400$ 38.78

Roll – 351600$ 172.65

CARRIED

#243/11MOVED by Councillor Pfrimmer

SECONDED by Councillor Lavallee

Be it RESOLVED THAT the Council of the Rural Municipality of Armstrong appoint Councillor Les Marchak to the Interlake Weed Control Board.

CARRIED

#244/11MOVED by Councillor Evanchyshin

SECONDED by Councillor Pfrimmer

Be it RESOLVED THAT the Council of the Rural Municipality of Armstrong appoint Councillor Les Marchak to the Protective Committee

CARRIED

#245/11MOVED by Councillor Pfrimmer

SECONDED by Councillor Evanchyshin

RESOLVED THAT the Council of the Rural Municipality of Armstrong direct Manitoba Land Surveyors Isaac & Denchuk to restore the survey monuments at 8, 16,17,20,29 -18-3EPM for an estimate of $6,400 plus applicable taxes

CARRIED

#246/11MOVED by Councillor Marchak

SECONDED by Councillor Woychyshyn

WHEREAS, the Council of the Rural Municipality of Armstrong is responsible to ensure that the Municipal Corporation receives the best value for the funds expended on behalf of the Corporation;

AND WHEREAS, the Council of the Rural Municipality of Armstrong prepares and approves a detailed annual Financial Plan and Budget;

AND WHERAS, the Council of the Rural Municipality of Armstrong is the final approving authority for all expenditures of the Municipal Corporation;

AND WHEREAS, the Council of the Rural Municipality of Armstrong receives regular reports regarding the expenditures of the Corporation plus the financial status of the Corporation;

AND WHEREAS, the Council of the Rural Municipality of Armstrong has hired a Chief Administrative Officer plus an Assistant Chief Administrative Officer to manage the day-to-day affairs of the Municipal Corporation as required by the Municipal Act;

NOW THERFORE BE IT RESOLVED THAT the Policy ACC - 401 shall be the policy which shall govern the purchase of goods and services by the Municipal Corporation of the Rural Municipality of Armstrong.

CARRIED

#247/11MOVED by Councillor Marchak

SECONDED by Councillor Woychyshyn

RESOLVED THAT the Council of the Rural Municipality of Armstrong approve that all members of Council and the Chief Administrative be authorized to attend the 2011 AMM Convention in the City of Brandon on November 21, 22,2 3, and 24

And Further That the Municipality of Armstrong pay for all registration, travelling and accommodation expenses.

CARRIED

#248/11MOVED by Councillor Lavallee

SECONDED by Councillor Woychyshyn

RESOLVED THAT the Council of the Rural Municipality of Armstrong approve that Reeve Garry Wasylowski and Councillor Allan Pfrimmer be authorized to attend the Interlake Housing Forum in Teulon Manitoba November 10, 2011 at the St. Cyprus Church Hall

And Further That the Municipality of Armstrong pay for all travelling expenses.

CARRIED

#249/11MOVED by Councillor Marchak

SECONDED by Councillor Woychyshyn

WHEREAS The Municipal Act, Division 3, Section 239(1) through 249(3) provides legislation to a municipality for inspections, remedies and enforcement or action for unsightly or unsafe premises;

AND WHEREAS the Council of the R.M. Armstrong deems it in the best interest of the Municipality to establish a policy for inspections, remedies, enforcement or action for unsightly or unsafe property/premises;

NOW THEREFORE BE IT RESOLVED THAT thatPolicy PRO-701 shall be the policy and procedures which shall govern the inspection, remedy, enforcement or action respecting unsightly and unsafe unsightly property/premises in the R.M. Armstrong.

CARRIED

#250/11MOVED by Councillor Pfrimmer

SECONDED by Councillor Lavallee

Provincial Property Tax Relief Program

WHEREAS the Province of Manitoba has introduced a special provincial Property Tax Relief Program recognizing the loss in value of properties significantly damaged by the 2011 record flooding, and timing issues around recognition of loss of value through the normal assessment reduction and tax reduction processes for municipalities;

AND WHEREAS the Municipality has set a budget based on receipt of the tax revenue and the Property Tax Relief Program ensures municipal revenues are maintained;

AND WHEREAS properties identified for the program must have been damaged to a degree that the value of the property has been substantially reduced and may result in a long-term reduction of the Municipality’s assessment base;

AND WHEREAS in keeping with the intent of the program, council set criteria that in order for property to be included in the program, damages must be to a degree that the value of the property has been substantially reduced;

THEREFORE BE IT RESOLVED That Council of the Rural Municipality of Armstrong direct administration to place an advertisement in the local newspaper and on the Municipal website to allow property owners in the Municipality to come forward and identify their properties by legal description and roll number for the purpose of identifying their property as significantly damaged properties that have been substantially reduced in value for the purpose of qualifying for the Provincial Property Tax Relief Program.

CARRIED

#251/11MOVED by Councillor Lavallee

SECONDED by Councillor Pfrimmer

RESOLVED THAT the Council of the Rural Municipality of Armstrong approve that a culvert trap be installed on the 18” culvert at SE 22-21-1E on the west side of the culvert

And Further That the Municipality of Armstrong pay the cost of the culvert trap installation from the culvert budget.

CARRIED

COMMITTEE REPORTS:

Roads Committee:

#252/11MOVED by Councillor Woychyshyn

SECONDED by Councillor Marchak

BE IT RESOLVED THAT the Council of the Rural Municipality of Armstrong receive the Roads Committee Minutes of Tuesday September 6, 2011.

CARRIED

#253/11MOVED by Councillor Woychyshyn

SECONDED by Councillor Marchak

RESOLVED THAT the Council for the Rural Municipality of Armstrong approve Project #5 Quote from Twin A Ventures at 29-20-2E to build up the road for an estimated cost of $19,320 plus applicable taxes

And further that the project be funded from the Gas Tax Reserve currently funded at $253,118 @ July 31, 2011.

CARRIED

#254/11MOVED by Councillor Woychyshyn

SECONDED by Councillor Marchak

RESOLVED THAT the Council for the Rural Municipality of Armstrong approve Project #6 Quote from Twin A Ventures at N22-21-2E to build up the road for an estimated cost of $9,990 plus applicable taxes

And further that the project be funded from the Gas Tax Reserve currently funded at $253,118 @ July 31, 2011.

CARRIED

#255/11MOVED by Councillor Evanchyshin

SECONDED by Councillor Marchak

RESOLVED THAT the Council for the Rural Municipality of Armstrong approve

the reconstruction of road N9-18-3E for the amount of $58,000

And Further that the project be funded From the Gas Tax Reserve

CARRIED

#256/11MOVED by Councillor Evanchyshin

SECONDED by Councillor Pfrimmer

RESOLVED THAT the Council for the Rural Municipality of Armstrong approve

the reconstruction of road N8-18-3E for the amount of $63,000

And Further that the project be funded From the Gas Tax Reserve

CARRIED

#257/11MOVED by Councillor Marchak

SECONDED by Councillor Evanchyshin

RESOLVED THAT the Council for the Rural Municipality of Armstrong extend the regular Meeting of Council of September 13, 2011 to 5:00PM.

CARRIED

Drainage Committee:None

Protective Committee:None

Waste Management Committee:None

Other Committees:None

NOTICE OF MOTION:NONE

IN CAMERA

#258/11MOVED by Councillor Pfrimmer

SECONDED by Councillor Lavallee

RESOLVED that Council dissolve into a committee of the whole in camera to discuss Assistance and Tax Sale issues in a closed session in-camera at 4:37 PM and as per Section 83(1) (d) of The Municipal Act each member of Council is to keep in confidence the matters discussed at this session which is closed to the public under subsection 152(3) and that the committee decides to keep confidential until the matter is discussed at a meeting of the Council or of a committee conducted in public.

CARRIED

#259/11MOVED by Councillor Pfrimmer

SECONDED by Councillor Marchak

RESOLVED that the committee of the whole in camera revert back to the regular meeting of Council in open session out of camera at 4:48PM.

CARRIED

#260/11MOVED by Councillor Pfrimmer

SECONDED by Councillor Lavallee

RESOLVEDthat the Council of the Rural Municipality Armstrong inform Mr. Dyck that the Municipality will not provide assistance requested by Mr. Dyck to access his property.

CARRIED

#261/11MOVED by Councillor Pfrimmer

SECONDED by Councillor Woychyshyn

RESOLVED THAT the Council for the Rural Municipality of Armstrong direct the CAO to set a reserve bid for all tax sale property at the amount equal to the outstanding taxes and tax service costs at the date of the auction.

CARRIED

ADJOURNMENT:

#262/11MOVED by Councillor Pfrimmer

SECONDED by Councillor Marchak

RESOLVED THAT the regular meeting of the Council for the Rural Municipality of Armstrong be adjourned at 4:58 PM.

CARRIED

READ AND CONFIRMED this _____ day of ______, A.D. 2011.

______

REEVE

______

CHIEF ADMINISTRATIVE OFFICER