R.M. 08 Feb

Glenboro Manitoba

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Minutes of the fourth regular meeting of the 2007/2008 Council of the Rural Municipality of South Cypress held in the Municipal/Village Council Chambers at 618 Railway Avenue, Glenboro, Manitoba, on Tuesday, February 12th, 2008 at 8:30 a.m.

Present at the Meeting, Reeve Earl E. Malyon, Councillors Leonard J. Berry, John S. Hamilton, Leonard K. Plett, Walter R. Cullen and Chief Administrative Officer, Eric Plaetinck.

Reeve Earl E. Malyon, presiding, called the meeting to order at 8:35 a.m.

During the meeting, at the time indicated, Council met with the following delegations:

           

Edwin Berry     }           Municipal Equipment Operators                 

Allan Bartram   }            Monthly Work Progress Report

Chuck Roeder  }          CFB Shilo/DND – Maintenance of            

Major Shane Fortin   }    Shared Roads; Control Gates and      

Sgt. Robson     }          Fences; Restricted Access to South

Robert Reese   }          Range and Military Access to PTH

Kim Walker     }          #5; Fire Guards Crossings, Other

Sgt. Neville       }          Matters of Mutual Interest

 John McEntee  }          Various Planning Matters                                 

Conditional Use &   }            Non-Farm Dwelling Site and a                    

Variation Order   }            Site Area Reduction to 69 Acres     

Public Hearings }          @ SE ¼ 9-7-13W1 (Derek Law)

                                                

 

RESOLVED that the minutes of the last regular meeting of Council held on Tuesday January 8th, 2008 be taken as read and approved, all statutory requirements having been fulfilled.

                                                                                    “carried”

 

RESOLVED that the Council of the Rural Municipality of South Cypress authorize the payment of fiscal year 2007 accounts from cheque #5094 to and including cheque #5101, as submitted to Council by the Municipal Administrator.

                                                                                     “carried”

  

RESOLVED that the Council of the Rural Municipality of South Cypress adopt the Municipality’s Financial Statement for fiscal year ending December 31, 2007 as presented by the Chief Administrative Officer showing a net operating surplus of $24,149.33.

                                                                                     “carried”

            RESOLVED that the Council of the Rural Municipality of South Cypress authorize the payment of fiscal year 2008 accounts from cheque #5129 to and including cheque #5173 as submitted to Council by the Administrator.

                                                                                      “carried”

 

RESOLVED that the Council of the Rural Municipality of South Cypress give second and third reading to By-law #1817, (Vis-à-vis the appointment of Eric C. Plaetinck as the 2008 Chief Administrative Officer), and that it be signed by the Reeve and Municipal Administrator, sealed and delivered. 

                                                                                    “carried”

                                                                            

RESOLVED that the year 2008 spring road restrictions for designated municipal roads within the limits of the R.M. of South Cypress, will commence on or after March 15, 2008; (actual implementation date dependent on weather conditions) and shall remain in effect for a period of up to 12 weeks, as determined by Council;

The following specified municipal roads, lying within the Rural Municipality of South Cypress, which are classified as a “B Highway”, shall be weight restricted, when so posted, to 65% of normal axle loads;

 1 mile of Public Road lying within Section 3; Township 7; Range 14WPM, referred to as the I.P.L. Road, and;

 3 miles of Public Road #41N lying directly north of Sections 25 and 26; Township 7; Range 14WPM and directly north of Section 30; Township 7; Range 13 WPM, and;

 7 miles of Public Road #78W from P.T.H. #2 to Municipal Road #45N

 With the exception of the above noted roads, all other municipal roads, within the limits of the Rural Municipality of South Cypress will not be subject to spring weight restrictions.

                                                                                     “carried”

  

RESOLVED that the Council of the Rural Municipality of South Cypress contract the services of Brian McDonald of Ninette, Manitoba to supply all required labour and materials in the installation of a new 14 ft. x 22 ft. steel insulated door c/w electric opener and 2 transmitters in the Municipal Quonset building in Glenboro. 

                                                                                    “carried”

  

RESOLVED that the Council of the Rural Municipality of South Cypress apply to Manitoba Transportation and Government Services for a year 2008 grant of up to $1,302.30 for improvements to a designated portion of Provincial Road #530, North of P.T.H. #2 to the Hamlet of Treesbank.

                                                                                     “carried”

 

Resolved that the Council of the Rural Municipality of South Cypress adopt the following Pipeline Crossing Policy with respect to the Enbridge’s “Alberta Clipper & Southern Lights” oil pipeline expansions: 

All road allowances are deemed to be 99 feet in width. 

All pipelines must be installed between 45 and 90-degree angles to the road allowance and on developed roads. 

Pipelines must cross road allowances at the low spots where possible. 

The minimum pipeline depth through all road crossings shall be 1.5 metres (5 ft.)  The depth of road crossings shall be maintained throughout the entire width of the road allowance a minimum of 15.3 metres on each side of the road allowance. All developed roads must be punched/bored through from shoulder to shoulder. The minimum pipeline depth shall be 1.5 metres (5 ft.) below the ditch and 2 metres (6.5 ft.) below the road surface. 

When the work is complete, the road allowance shall be restored by the owner of the pipeline to its original or better condition, including the re- vegetation establishment where the ground has been disturbed. 

Plans of completed pipeline crossing must be provided to the Municipality for use in future roadwork. 

The owner/applicant/developer and/or their successor shall now and in the future indemnify and save harmless the Rural Municipality of South Cypress its agents, employees or any person legally empowered by the Municipality from any and all liabilities, environmental damages, costs, claims, suits or actions arising out or the approval hereby granted, to the extent that the said liabilities, environmental damages, costs, claims, suits or actions are not the result of the Rural Municipality of South Cypress its agents or employees negligence or wilful misconduct. 

If future roadwork is required at any of the crossing sites it is understood and agreed that the pipeline will be lowered at no cost to the Municipality, all such costs will be borne by the owner. 

All pipeline markers on any road allowance must be 40 feet apart to freely allow travel by large equipment. 

No road closures will be allowed without the prior permission of the Council of the Rural Municipality of South Cypress. Daily fines of $250.00 will be charged if there are any infractions regarding road allowances. 

                                                                                    “carried”

   

WHEREAS, on October 22, 1997, the Glenboro Hospital District #16 duly transferred a total of $19,776.05, to the Rural Municipality of South Cypress, from the Municipality’s prepaid credit account; 

AND WHEREAS, on February 10, 1998, the Municipality established a “General Reserve” with the said funds; 

AND WHEREAS, the said “General Reserve” funds have been invested since the said date, and to which the fund has grown, as at January 1, 2008, to an accumulated total of $27, 959.25; 

AND WHEREAS the Council of the R.M. of South Cypress has deemed it expedient and in the best interests of the Municipality to utilize the said funds in the best manner possible by granting the said funds to the Glenboro Area Foundation Inc. where it be used, in accordance with the Foundation’s policy and regulations, to establish the “Rural Municipality of South Cypress Health Care Education Scholarship”. 

                                                                                    “carried”

  

At a Public Hearing held at 11:30 a.m., in regard to Conditional Use application #CU01-08-SC, and Variation Order application #V01-08-SC no representation was made either for or against the applications. 

 

CONDITIONAL USE ORDER NO. CUO1-08-SC 

Whereas Derek A. Law, the owner of the property legally described as Pt. of the SE¼ Sec. 9 – 7 – 13WPM and located at approximately 5 miles east and 1 mile south of Glenboro in the R. M. of South Cypress, applied to the Council of the R. M. of South Cypress for approval of a conditional use order under zoning By-law no. 1485 Part IV, Section 6, Table IV-I, in order to: 

Allow the establishment of a rural non-farm dwelling site in the "A80" Agricultural District.  (Approximately 10.0 acres) 

And after careful consideration of the application and any representations made for or against it, the Council of the R. M. of South Cypress in a meeting duly assembled on the 12th day of February A.D., 2008. 

Approved the said application. 

Approval is given subject to the following conditions:    None specified. 

Approval shall expire if not acted upon within 12 months of the date of making.

                                                                                     “carried”

    

VARIATION ORDER NO. V 01-08-SC 

Whereas Derek A. Law owner of the property legally described as Pt SE ¼ Sec 9-7-13 WPM, (South Cypress) and located at approximately 5 miles east and 1 mile south of Glenboro applied to the Council of the R. M. of South Cypress to vary the application of Part IV, Section 8, Zoning By-law No. 1485 provided under Part 6 of the Planning Act as it applies to the property, in order to vary the established requirements: 

                           From:  A 80 acre parcel in an “A80 Rural District”     

                           To:      A 69 acre parcel in an “A80 Rural District” 

For the purpose of: Subdividing a 10 acre existing farm site from a 79 acre land parcel 

And after careful consideration of the application and any representations made for or against the variation sought by the applicant,                         

 The R. M. of South Cypress in meeting duly assembled this 12th day of February, 2008           

Approved, the said variation 

Approval is given subject to the following conditions: None specified 

Approval shall expire if not acted upon within 12 months of the date of making. 

                                                                                    “carried”

 

RESOLVED that the Council of the Rural Municipality of South Cypress authorize all members of Council who are able to attend, to partake in the Manitoba Water Stewardship meeting regarding “Conservation Districts Program: Framework for the Future” being held in Brandon, Manitoba on Friday, February 29th, 2008. 

                                                                                    “carried”

   

RESOLVED that the plan of Subdivision of Land described as follows; 

Being part of the N.W. ¼ of Section 12, Township 7, Range 14W1, as shown on a drawing and being attached to an application for subdivision file #14-4187-07-4371 and being submitted by John and Pam Griffin, on behalf of the registered owners, Theodore and Marian Jonsson; 

be hereby approved by the Council of the Rural Municipality of South Cypress. 

Approval is given subject to the following condition: 

That the parcel being severed be consolidated with the adjacent parcel described within Certificate of Title no. 2250061. 

                                                                                    “carried”

  

RESOLVED that the Council of the Rural Municipality of South Cypress accept the year 2008 Budget of the Western Manitoba Regional Library requiring a year 2008 levy from the R. M. South Cypress of $ 7.60 per capita, amounting to a total of $6,338.40. 

                                                                                    “carried”

  

RESOLVED that the Council of the Rural Municipality of South Cypress authorize all Council members so able to attend, to partake in a National Farmers Union/Brandon University symposium regarding Railway Branchlines, Shortlines and the Future of Rural Communities, which is being held in Brandon, Manitoba on Saturday, February 16, 2008. 

                                                                                    “carried”

  

RESOLVED that the Council of the Rural Municipality of South Cypress support Sport Manitoba’s Westman Region Kidsport Committee in their ongoing “Kidsport” program whereby funding is provided to financially disadvantaged children in the Westman area so they may be able to participate in Community sports; 

AND FURTHER BE IT RESOLVED, that the Council of the Rural Municipality of South Cypress authorize a 2008 Municipal grant in the amount of $200.00 to aid in augmenting the Sport Manitoba Westman Region’s Kidsport Trust Fund. 

                                                                                    “carried”

 

WHEREAS as provided for in Section 365(2) of the Municipal Act, a Council may in any year designate the immediately preceding year or any earlier year as the year for which properties the taxes in respect of which are in arrears for the year must be offered for sale by auction to recover the tax arrears and costs; 

NOW THEREFORE BE IT RESOLVED that the Council of the R. M. of South Cypress designate Tax Year 2007 as the year for which properties the taxes in respect of which are in arrears (2006 taxes) must be fully paid prior to commencement of the 2008 Municipal Tax Sale and failing payment of all 2006 tax arrears the respective property will be offered for sale by auction in order to recover the tax arrears and costs; 

AND FURTHER BE IT RESOLVED that the Rural Municipality of South Cypress conduct this years’ Tax Sale at a suitable date and time, in the fall of the year 2008, as determined by the Chief Administrative Officer.           

                                                                                    “carried”

  

Resolved that the Council of the Rural Municipality of South Cypress acknowledge a February 1, 2008 letter from the C.F.B. Shilo Base Commander regarding military access to P.T.H. #5 via 2½ miles of Municipal road allowance #49 North, and subsequently approve the proposal in principle and furthermore authorize C.F.B. Shilo/D.N.D. to proceed, at their cost, with surveying and environmental assessments on the said road allowance. 

                                                                                    “carried” 

 

RESOLVED that the Council of the Rural Municipality of South Cypress authorize all Council members to attend the surrounding School Division Annual Educational Public Budget Consultation Meetings being held on respective times/dates at various locations. 

                                                                                    “carried”

  

RESOLVED that the Council of the Rural Municipality of South Cypress, authorize Eric Plaetinck to attend the Praxis Educational seminar entitled “Legal Duties & Liabilities of Boards” being held in Winnipeg, Manitoba on Friday April 11th, 2008. 

                                                                                    “carried”

  

RESOLVED that the Council of the Rural Municipality of South Cypress authorize Reeve Earl E. Malyon, Deputy Reeve John S. Hamilton and Chief Administrative Officer Eric Plaetinck to attend the A.M.M. Western District 2008 Mayors, Reeves and CAO’s meeting, which is being held in Souris, Manitoba on Wednesday March 19, 2008. 

                                                                                    “carried”

  

RESOLVED that the Council of the Rural Municipality of South Cypress hold a special meeting on Tuesday, April 1, 2008 at 9:00 a.m. to set and adopt the Municipality’s Budgeted Operating Expenditures for fiscal year 2008; 

AND FURTHER BE IT RESOLVED that in compliance with Section 162(2) of The Municipal Act, the Council of the Rural Municipality of South Cypress hold a Public Hearing on Tuesday, April 8, 2008 at 11:30 a.m. in the R. M. of South Cypress Council Chambers in Glenboro, Manitoba for the purpose of presenting its Financial Plan for fiscal year 2008 and subsequently giving any person who wishes, opportunity to make representation, ask questions or register an objection to the Financial Plan so presented. 

                                                                                  “carried”

  

RESOLVED that the Council of the Rural Municipality of South Cypress do now adjourn @ 12:45 p.m., to convene again at the next regular meeting scheduled for Tuesday, March 11, 2008 at 8:30 a.m.

                                                                                     “carried”

 

 

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