RM OF SHELL RIVER

                                    RURAL MUNICIPALITY OF SHELL RIVER

Minutes of the regular meeting held in this office October 27, 2009.

PRESENT:  Reeve – Albert Nabe
                       Councillors –  Gary Buick , Mike Shenderevich ,
                                               Joe Senderewich, Jack Lenderbeck,
                                                Victor Starchuk, Craig Mohr
                       Chief Administrative Officer – Twyla Ludwig

CALL TO ORDER: The meeting was called to order at 7:35 AM

ADOPTION OF MINUTES:   Adopt regular meeting minutes of October 13

#302/09 Starchuk/Mohr: BE IT RESOLVED THAT the minutes of the regular meeting held Oct. 13/09 be adopted as presented. Carried 7/0

ADOPTION OF AGENDA:  Adopt agenda as presented or amended

#303/09 Shenderevich/Senderewich: BE IT RESOLVED THAT today’s agenda be adopted as amended by: ADDING: Boards & Commissions: 8. SAVED (a) Report on Oct. 15 meeting; Committees of Council: 4. Animal Control (a) Update on policy; Unfinished Business: 6. Annexation Update; New Business: 8. Road naming. Carried 7/0

DELEGATIONS:

HEARINGS:

FINANCES:

Accounts – cheques #13073 to #13114, $77,493.06

2008 Audited Financial Statement

Financial Statement to September 30

#304/09 Lenderbeck/Starchuk: WHEREAS the Finance Committee has reviewed the list of accounts; NOW THEREFORE BE IT RESOLVED THAT the accounts are approved for payment in the amount of $77,493.06, cheques #13073 to #13114. Carried 7/0

#305/09 Starchuk/Senderewich: BE IT RESOLVED THAT the Rural Municipality of Shell River accepts the RM’s audited financial statement as prepared by Sensus for January 1 to December 31, 2008. Carried 7/0

#306/09 Lenderbeck/Senderewich: BE IT RESOLVED THAT the financial statement for the municipality as prepared by the Chief Administrative Officer to Sept. 30/09 be adopted as presented. Carried 7/0

REPORTS:
Boards & Commissions:
1.   Chamber of Commerce
      (a)   Report on Oct. 14 meeting
2.   Lake of the Prairies Conservation District
      (a)   Report on Oct. 15 meeting
3.   Recreation Commission
      (a)   2009-2010 budget
      (b)   Report on Oct. 20 meeting
      (c)   2008 Audited Financial Statement
4.   Roblin/Shell River Economic Development
      (a)   EDO Report from Oct. 13 meeting
5.   Parkland Regional Library
      (a)   Report on Oct. 19 meeting
6.   Parkland Telecommunication Network (PTN)
      (a)   New money allocated for private industry only
7.   Roblin Planning District
      (a)   McKenzie subdivision application NE 19-27-28W
8.   SAVED
      (a)   Report on Oct. 15 meeting

#307/09 Shenderevich/Senderewich: WHEREAS the Roblin, Shell River , Hillsburg Recreation Commission’s 2009 – 2010 operating budget has been received and reviewed; NOW THEREFORE BE IT RESOLVED THAT the Commission’s operating budget for

Jan. 1 – Sept. 30 of $355,819.75 and Oct. 1 – Dec. 31 of $94,294.61 be contribution of $76,748.74 be approved subject to:

·        The Town of Roblin and RM of Hillsburg approving the operating budget and paying their respective municipal contributions based on the funding formula (Town 50.48% & Hillsburg 11.72%).

  Carried 7/0

#308/09 Starchuk/Mohr: BE IT RESOLVED THAT the Rural Municipality of Shell River accepts the Roblin, Shell River , Hillsburg Recreation Commission’s audited financial statement as prepared by Sensus for January 1 to December 31, 2008. Carried 7/0

#309/09 Senderewich/Mohr: WHEREAS the Roblin, Shell River, Hillsburg Recreation Commission’s 2009/2010 capital budget has been received and reviewed; AND WHEREAS the three member municipalities met on October 20 to discuss the proposed budget; NOW THEREFORE BE IT RESOLVED THAT the Commissions’ capital budget of $124,000 less grants and surplus of $102,295, net $21,705 be accepted and that the Rural Municipality of Shell River’s 37.80%* municipal contribution of $8,204.49 be approved subject to:

·        The Town of Roblin and RM of Hillsburg approving the capital budget, and paying their respective municipal contributions based on the funding formula (Town 50.48% & Hillsburg 11.72%; and

·        All municipal contributions being adjusted accordingly to reflect any grant funding or donations received by the Commission towards the 2010 capital items.

·        Any 2008 – 2009 surplus funds be applied to the 2009 – 2010 budget.

                        Carried 7/0

 #310/09 Senderewich/Buick: WHEREAS Application #4-182-09-3631 has been made to subdivide approximately 10 acres from Part NE 19-27-28W, currently being used for agricultural purposes, for a non-farm dwelling site; AND WHEREAS the government circulation has been completed and Manitoba Intergovernmental Affairs Community Planning Services Report & Recommendations has been received; AND WHEREAS Land Titles indicates that a legal description is acceptable; AND WHEREAS Manitoba Hydro and MTS indicated that a joint easement is required; AND WHEREAS Community Planning recommends approval subject to a Conditional Use Order being obtained for the location of a rural non-farm dwelling within the “AG” zone; NOW THEREFORE BE IT RESOLVED THAT the RM of Shell River approves of the subdivision application for Pt NE 19-27-28W (McKenzie) providing all municipal and provincial regulations are complied with. Carried 7/0

COMMITTEES OF COUNCIL:
1.   Emergency Measures
      (a)   Pandemic Plan Component
      (b)   Reviewing annual levies for fire service contracts
2.   Public Works & Equipment
      (a)   Update: MTS cable project, drainage projects, temporary shop rental, etc.
3.   Wastewater Management Committee
      (a)   Site options?
4.   Animal Control
      (a)   Update on Policy

#311/09 Lenderbeck/Senderewich: WHEREAS PR 484 is a provincial gravel road; AND WHEREAS water runs over PR 484 on Road 171W (on the west side of Section 3-28-29W) every spring causing a traffic hazard and requiring extra maintenance; THEREFORE BE IT RESOLVED THAT the RM of Shell River requests Manitoba Infrastructure and Transportation to have a 24” culvert installed at this location. Carried 7/0

#312/09 Starchuk/Mohr: WHEREAS an application to widen two approaches on SW 21-26-29W has been received by Glen Becker (owner) and Robert Friesen (renter) and the application fee paid; AND WHEREAS a municipal representative has viewed the area and determined that only the south approach be widened because the north approach is between two sloughs; THEREFORE BE IT RESOLVED THAT the Council of the RM of Shell River approves of the said approach widening, providing that the municipality’s construction standards are met; FURTHERMORE THAT all expenses will be the responsibility of the owner. Carried 7/0

#313/09 Buick/Shenderevich: BE IT RESOLVED THAT the Reeve and Chief Administrative Officer are hereby authorized to sign the MTS Municipal Rights-of-Way application form to place cable facilities on road allowance on 17-25-29W and SW 20-25-29W (Plan No. 9749429). Carried 7/0

BY-LAWS:

UNFINISHED BUSINESS:
1.   Motor grader tenders
2.   Assessment adjustment
3.   Quotes for new fire truck
4.   Update on 125^th Anniversary celebrations
5.   Update on legal issues
6.   Annexation Update

#314/09 Starchuk/Lenderbeck: WHEREAS the Provincial Assessment Office in Dauphin under authority of Section 326 of The Municipal Act has made the following adjustment to the assessment and tax rolls:

 Assessment Reductions – Real Property Decrease in Total Assessment

            Class 30         Current           $2,300            Portioned       $600

NOW THEREFORE BE IT RESOLVED THAT the assessment and tax rolls of the RM of Shell River be amended accordingly. Carried 7/0

#315/09 Shenderevich/Lenderbeck: WHEREAS representatives from the Roblin/Shell River Fire & Rescue met with the Town of Roblin and the RM of Shell River to discuss the need to replace the 1985 Fire Truck; AND WHEREAS quotes for a new vehicle were received and reviewed by members of the Fire & Rescue department; THEREFORE BE IT RESOLVED THAT the Council of the RM of Shell River hereby accepts the recommendation from the executive members of the Fire & Rescue department to purchase a new International 4400 Top Mount Control Triple Combination MXV Pumper from For Garry Fire Trucks for approximately $280,000.00; AND FURTHER BE IT RESOLVED THAT the RM of Shell River supports using $140,000.00 from the Roblin/Shell River Fire Reserve Fund with the balance of the purchase to be financed in 2010 by the RM of Shell River and the Town of Roblin on a 50/50 basis; FURTHERMORE THAT any proceeds from the sale of the 1985 pumper truck must be deposited back to the Roblin/Shell River Fire Reserve Fund. Carried 7/0

#316/09 Senderewich/Shenderevich: BE IT RESOLVED THAT we resolve in camera under the authority of Section 152 (3) (b) (iv) of The Municipal Act to discuss legal matters; FURTHERMORE THAT all items discussed in camera are confidential. Carried 70

#317/09 Shenderevich/Buick: BE IT RESOLVED THAT Council resumes the former order of business. Carried 7/0

#318/09 Starchuk/Mohr: WHEREAS Section 8.6 of Shell River’s Procedural By-law #9/07 states that the council shall observe a curfew whereby the item on the agenda under discussion four hours after the start of the meeting will be the last item dealt with on that day unless by majority vote the council decides to extend the time of adjournment; AND WHEREAS we have reached that four hour limit on Item #5 Unfinished Business; NOW THEREFORE BE IT RESOLVED THAT a ½ hour extension be allowed. Carried 7/0

#319/09 Buick/Senderewich: WHEREAS the Public Works Committee presented information to Council to purchase a tandem drive motor grader for the municipality as of January 2010; AND WHEREAS quotes were accepted for 2009 and 2010 models; THEREFORE BE IT RESOLVED THAT the Council of the RM of Shell River hereby accepts the Committee’s recommendations and approves of the quote received from Brandt Tractor Ltd. for the following, f.o.b. Roblin;

            2009 770G Motor Grader                                                                $250,000.00

            Less 6 months of applied rental charges                                        -$42,069.78

            Net amount                                                                                        $207,930.22 + taxes