MINUTES OF THE REGULAR MEETING OF COUNCIL OF THE R.M. OF ST. ANDREWS HELD TUESDAY, JUNE 9, 2009 AT CLANDEBOYE, MANITOBA

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1 MINUTES OF THE REGULAR MEETING OF COUNCIL OF THE R.M. OF ST. ANDREWS HELD TUESDAY, JUNE 9, 2009 AT CLANDEBOYE, MANITOBA Attendance: Reeve Forfar, Councillor Ataman, Councillor Keryluk, Deputy Reeve Krasnesky, Councillor W. Boch, Councillor R. Boch and Councillor Hunt. Administration: Sue Sutherland, C.A.O. and Debbie Sinclair, Assistant C.A.O. Regrets: Youth Rep. Brett Rach. A. CALL TO ORDER Meeting called to order at 1:00 p.m. by Reeve Don Forfar. B. OPENING PRAYER Opening prayer was read by Councillor Ataman. C. ADOPTION OF AGENDA Res. ( ) Moved by: Councillor Ataman Seconded by: Councillor Hunt Resolved that Council adopt the agenda, as presented. D. ADOPTION OF MINUTES 1) Draft May 26, 2009 Council Meeting Minutes Res. ( ) Moved by: Councillor W. Boch Seconded by: Dep. Reeve Krasnesky Resolved that Council adopt the May 26, 2009 Council meeting minutes, as amended. E. DELEGATIONS - None. F. COMMITTEE REPORTS Transportation Services - Councillor R. Boch - March 20 and May 22 minutes are forthcoming. - Met with Mr. Tramley, Councillor Keryluk and Asst. CAO Sinclair to discuss options for Deer Rapids Drive. This matter is on-going. - CAO gave an update on the leave of absence for D. Tessier. - Gravelling of roads is progressing well and is about 90% complete. - The gravel dikes on River Road have been removed. - Culvert repairs have started but there is a concern with some of the ones completed and DFA funding. Conflicting information was received regarding the need for pictures and documentation. Administration will continue to work on this issue. - Discussion of the road damage due to dike removal and the possibility of DFA funding for repairs. Engineer inspections for the roads and south fire hall are required and the report will be submitted to Mel Nott. Administration will check on Hay Road. Administration has also requested the engineers to inspect Lockport Road and a report is expected shortly.

2 - Sunset Cove - A letter has been sent to the contractor with no response to date; a second letter will be sent. Some of the damage was caused by a resident having a pool installed. - Zachary Drive - Damage was caused to the cul de sac by an overloaded truck. Firstly the land owner responsible for the damage must be contacted. If no satisfactory response is received and if there is enough evidence of their responsibility for the damage the cost of the repairs will be added to their taxes for collection. - Stantec is being used by both the RM and EMO for engineer inspections on flood damages. - Riverview Street has a lot of pot holes and they have not been repaired. There is a warranty issue with this road which is why they have not yet been done. - Lockport Road is being patched by the contractor as an interim measure to try to salvage the road. Discussion of the issues with the road ensued. - Administration reminded Council to complete the questionnaires on the flood operations. - Manitoba Floodway Authority - Administration provided a summary of the meeting held on June 5 th between the Public Works Superintendent, Hugh Munroe Construction and Brian Lacey of the Manitoba Floodway Authority regarding the riprap work done along River Road. Some issues came out of the meeting that will have to be remedied, including the barricades. Recreation and Culture - Councillor Keryluk - Reported on funding available through the Canadian Museums Association under the Cultural Spaces Canada program. This program will cover up to 50% of eligible costs. The Heritage Committee would like to participate in this program and they already have $16,000 for the expansion project. Protective Services - Deputy Reeve Krasnesky - Administration is working on some equipment issues with the water tanker in the south. - Discussion of the proposal for fire services for Winnipeg Beach ensued. - The existing service agreements do not address the issue of capital purchases or appropriations to reserves for future fire needs. Land Use Planning and Development - Councillor Ataman - Administration provided an update of the Mapleton Lanes development. An informing them of the requirement for either a 2 nd access or another development agreement for St. Clements Road was sent. - Schers - Planning was to contact the applicant to discuss the issues with their property. Governance and Personnel - Reeve Forfar 1) March 20, 2009 Committee of the Whole Meeting Minutes Res. ( ) Moved by: Councillor Keryluk Seconded by: Councillor Hunt Resolved that Council adopt the March 20, 2009 Committee of the Whole Meeting minutes, as presented.

3 - The union contract has not yet been settled. The clause regarding banked time during a declared state of emergency and DFA approval was to be added however, the union has refused to add it and they have now filed with the Labour Board. Environmental Health - Councillor Hunt - Requested an update of the file for the acquisition of land for the Clandeboye Landfill. The subdivision has been approved and we are now completing the required conditions. - Administration to send a letter to the garbage collection company regarding the damage their trucks are causing to the municipal roads. - Ko-Ko Waste has hit the recycling stands at Dawson's and at Harry's and need to be told to be more careful so these stands are not damaged. Finance - Deputy Reeve Krasnesky 1) February 24, 2009 Finance Committee Meeting Minutes Res. ( ) Moved by: Dep. Reeve Krasnesky Seconded by: Councillor Ataman Resolved that Council adopt the February 24, 2009 Finance Committee meeting minutes, as presented. - Administration reported that the new accounting software has been installed and training occurred last week. The new software will reduce processing time especially for Accounts Payable. Res. ( ) Moved by: Councillor W. Boch Seconded by: Councillor Ataman Resolved that Council receive the above noted reports on behalf of each committee. G. EXTERNAL COMMITTEE REPORTS Councillor W. Boch - Reported that the retirement event for Joe Smolinski is on Friday, June 12 at 5:00 p.m. at the Selkirk & District Learning Centre. Res. ( ) Moved by: Councillor Hunt Seconded by: Councillor R. Boch Resolved that Reeve Forfar and Councillor Keryluk are authorized to attend the retirement event for Joe Smolinski in June 12, 2009 at the Selkirk & District Learning Centre. Deputy Reeve Krasnesky - No report. Councillor Keryluk - Reported that fundraising for the purchase of a new Handi-bus is being undertaken. The City of Selkirk has some funds in their possession for this purchase. Councillor R. Boch - No report. Councillor Ataman - No report. Councillor Hunt - No report.

4 Reeve Forfar - Will prepare a written report of his attendance at the Federation of Canadian Municipalities conference. Res. ( ) Moved by: Councillor Ataman Seconded by: Dep. Reeve Krasnesky Resolved that Council receive the reports on behalf of each external committee. H. CORRESPONDENCE Action Items Funding Requests 1) Lord Selkirk Regional Comprehensive Secondary School Safe Grad Celebration - Request Financial Support Res. ( ) Moved by: Dep. Reeve Krasnesky Seconded by: Councillor Ataman Resolved that Council authorize financial support in the amount of $ to the Lord Selkirk Regional Comprehensive Secondary School's Safe Grad Celebration. - The St. Andrews Citizens on Patrol will be providing security for this event. - Over $60,000 in bursaries were distributed June 3, 2009 at their Award Ceremonies. Meetings, Conferences, Conventions and Seminars 1) A.R.M. - August 6, 2009 Meeting and Golf Tournament in Lorette Res. ( ) Moved by: Councillor W. Boch Seconded by: Councillor Keryluk Resolved that five members of Council and two Administration be authorized to attend the A.R.M. meeting and Annual Golf Tournament being held in Lorette on August 6, ) MARR Summer Meeting and Tour - June 26, Council committee members attending. 3) A.M.M. District Meeting - June 23 in Selkirk Res. ( ) Moved by: Councillor Hunt Seconded by: Councillor Keryluk Resolved that all members of Council and 2 Administration be authorized to attend the June 23, 2009 A.M.M. Interlake District Meeting being held in the City of Selkirk.

5 Other 1) KidSport Golf Tournament - July 17, 2009 in Gimli Res. ( ) Moved by: Councillor Keryluk Seconded by: Councillor W. Boch Resolved that four members of Council be authorized to attend the KidSport Golf Tournament being held on July 17, 2009 in Gimli. Information Items As per information items #1-45 as listed on the agenda. Res. ( ) Moved by: Councillor Keryluk Seconded by: Dep. Reeve Krasnesky Resolved that Information Items #1-45 as listed on the agenda, be received as information, unless otherwise resolved. Item #17 - MB Infrastructure & Transportation - Druxman - Statutory Controls Along PTH No. 9 - Requested clarification on the location of this permit. Administration provided. Item #33 - City of Selkirk - Household Hazardous Waste Day - June 20, 2009 in Selkirk - We are sending two workers to assist with this event and St. Andrews will be included in the advertisement. Item #35 - MB Recreational Trails Assoc. - Border to Beaches Reception - June 10, Deputy Reeve Krasnesky will be attending this event. Item #36 - S. Grierson - Request to Extend McKenzie Road North - Summary of this request was provided. Council determined that this request for an extension to McKenzie Road will not be granted. Item #41 - Peguis Day Celebration - June 21 at Old Stone Church of St. Peter, Dynevor Res. ( ) Moved by: Dep. Reeve Krasnesky Seconded by: Councillor W. Boch Resolved that Reeve Forfar be authorized to attend the Peguis Day Celebration on June 21, 2009 in Dynevor and that a donation of $75.00 be given. Item #14/ltem #15 - Minister of Transport- Dredging Operations/Minister of Transport, Infrastructure - Letter to J. Bezan Re: Dredging Operations - A brief discussion ensued on these items and this matter will be brought forward in two months. Item #37 - Selkirk & District Chamber of Commerce - AGM on June 10 & Minutes of July 18, 2008 Mtg - Reminder to attend this meeting if available. I. MUNICIPAL ADMINISTRATION 1) Cockerill Development Agreement - Resolution to Sign Res. ( ) Moved by: Councillor Hunt Seconded by: Councillor Keryluk Resolved that the Reeve and Chief Administrative Officer be authorized to sign the development agreement between the R.M. of St. Andrews and Darrell and Charlene Cockerill.

6 2) Accounts Receivable Module from MuniWare - Resolution to Authorize Signing of Agreement Res. ( ) Moved by: Dep. Reeve Krasnesky Seconded by: Councillor Ataman Resolved that Council authorize the signing of the Purchase Agreement with MuniWare for the Accounts Receivable Module. 3) M.O.U. with City of Selkirk for Sanitary Sewer Services to Single Family Dwellings - Resolution to Sign Res. ( ) Moved by: Councillor W. Boch Seconded by: Councillor Ataman Resolved that the Reeve and Chief Administrative Officer be authorized to sign the Memorandum of Understanding between the R.M. of St. Andrews and the City of Selkirk, to provide sanitary sewer services to single family dwellings located within the R.M. of St. Andrews. J. BY-LAWS AND POLICIES 1) By-Law # Municipal Borrowing By-Law - 2 nd and 3 rd Reading Res. ( ) Moved by: Councillor Ataman Seconded by: Councillor R. Boch Resolved that Council give second reading to By-Law #4164, being the Municipal Borrowing By-Law. Res. ( ) Moved by: Dep. Reeve Krasnesky Seconded by: Councillor W. Boch Resolved that Council give third reading to By-Law #4164, being the Municipal Borrowing By-Law. K. OLD/UNFINISHED BUSINESS Clandeboye Road - A letter sent requesting extension of reduced speed limit to include the residential development on the other side of the railroad tracks. Whiskey Ditch Road Sign - A new sign was installed but appears to be missing again. Administration to check.

7 Streetlight - For Clandeboye Road and Hwy #9 - Administration is still working on this. Ice Breaking Letters - The Amphibex committee, the municipalities and the province are responding individually to these letters. Breezy Point Streetlights - The municipality does not own these fixtures. We only pay for installation and operating costs. We can reguest that service be discontinued due to the flooding. St. Andrews Walkway - Bids were received last year for this project and it has been included in the 2009 budget. Administration is investigating the cost of using the rubberized product. An application for funding under trails has been submitted. Public Works to check on the size of the culverts to see if they need to be changed before this project commences. Street Signs - The signs on Donald and St. Andrews Road have been installed. Administration to check on the status of the Hall Road signs. Engine Retarder Brakes - Discussion of the current location of signs and the possibility of installing them at at other locations within the RM as well. Administration to determine the signs costs. L. NEW BUSINESS Dog Complaint - Administration provided an update on the dog complaint that the Animal Control Officer and the By-Law Officer attended to on May 5, Res. ( ) Moved by: Councillor W. Boch Seconded by: Councillor Hunt Resolved that the July 28 and the August 25, 2009 Council meetings be cancelled. Res. ( ) Moved by: Councillor Keryluk Seconded by: Dep. Reeve Krasnesky Whereas the R.M. of St. Andrews will now have payroll completed in house, and; Whereas employee pay will be distributed by direct deposit through Sunova Credit Union: Therefore Be It Resolved that the Reeve and Chief Administrative Officer are hereby authorized to sign the Automated Funds Transfer Agreement. - Brief explanation provided by Administration. All pay will be by direct deposit - no cheques will be issued. Res. ( ) Moved by: Councillor W. Boch Seconded by: Councillor Keryluk Resolved that Council adopt the June 5, 2009 Special Council meeting minutes, as presented.

8 - Explanation of the need for this special meeting provided by the Reeve and brief discussion of the expenses related to the position of Director for the Federation of Canadian Municipalities, a position to which he was elected. - Larters - Administration has been trying to set up a meeting with Mr. Ewert but has been unsuccessful to date. Clarified with Council that all agreed to the 10%/5%/5% increase is based on taxes and not the assessment. The RM is requiring $500 plus $5,000 annually from the golf course. - Councillor Ataman submitted his FCM conference package and provided a verbal report of his attendance. There has been concern over light pollution and he requested that Council consider the purchase and installation of a LED streetlight in partnership with Manitoba Hydro. There are sensors that can be installed on them so they only light when a car approaches. Administration to get prices and speak to Rob Cox. The RM can also consider getting solar flashing caution lights as well as LED lights for the new public works building. Break: 2:30 p.m. Reconvene: 3:00 p.m. Councillor W. Boch vacated his chair at 3:00 p.m. Res. ( ) Moved by: Dep. Reeve Krasnesky Seconded by: Councillor R. Boch Resolved that Council move in-camera at 3:00 p.m. to discuss personnel issues. Res. ( ) Moved by: Councillor Ataman Seconded by: Councillor Keryluk Resolved that Council move out of camera at 4:20 p.m. M. 6 P.M. - PLANNING AND RELATED DELEGATIONS Planners Jennifer Ferguson and Lloyd Talbot present from Selkirk and District Planning Area Board. By-Law Conditional Use Applications 1) Conditional Use No Gamache - J. Ferguson, Planner, provided a summary of this application. - Applicant provided proof mobile home was CSA approved as well as pictures of it. - Planning had no concerns with this file and recommended approval subject to conditions. - Administration suggested a lot grade and L. Talbot of Planning suggested the lot grade be established to ensure proper drainage.

9 Res. ( ) Moved by: Councillor R. Boch Seconded by: Councillor Hunt Whereas Owner/Applicant William and Sheri Gamache have made Conditional Use Application No for the premises described as Lot 3, Plan 19185, Main Street, Clandeboye, To allow a "Mobile Home" in the "RA" Suburban Residential Zone. Now Therefore Be It Resolved that Conditional Use Application No be hereby approved subject to the following conditions: 1) All permits be obtained from Manitoba Conservation. 2) Applicant/Owner to obtain a building permit for the mobile home from Selkirk and District Planning Board. 3) Permit is required from The Highway Traffic Board. 4) Applicant/owner to obtain lot grade from the RM of St. Andrews prior to the issuance of a building permit for the placement of a mobile home. Subdivisions 1) Subdivision No. S Holland (Porcher) - J. Ferguson, Planner, provided a summary of this application. - Planning had no concerns with this file and recommended approval subject to conditions. - The two small lots created would be residential. - Road access is by way of the existing mud road. - Administration suggested that a development agreement be required to ensure owners could not petition the RM to upgrade the road. Res. ( ) Moved by: Councillor Keryluk Seconded by: Dep. Reeve Krasnesky Resolved that Proposed Subdivision No. S (Holland - Porcher) be approved by Council with the following conditions: 1) Applicant/Owner submit confirmation in writing from the Chief Municipal Administrator of the R.M. of St. Andrews that: a) Taxes on the land to be subdivided for the current year plus any arrears have been paid or arrangements satisfactory to Council have been made; b) Capital development fees to be paid. 2) Manitoba Land Surveyor prepare a written land description, preapproved by Winnipeg Land Titles Office, including confirmation that Crown Land is not involved in the proposal. 3) Applicant/Owner consolidates residual with CT , as per sketch.

10 Res. ( ) Cont'd, 4) Applicant/Owner obtains, if required: a) Joint easement agreement for existing and/or future MTS facilities associated with the subdivision. b) Plan of easement prepared by a Manitoba Land Surveyor as required by the Real Property Act. 5) Applicant/owner to enter into a development agreement with the RM of St Andrews for issues including but not limited to road access and road upgrade requirements. 2) Subdivision No. S Porcher - J. Ferguson, Planner, provided a summary of this application. - Planning had no concerns with this file and recommended approval subject to conditions which include the requirement for a variance due to the A80 zone. - Intergovernmental Affairs did confirm that they had no concerns with this application. Res. ( ) Moved by: Councillor R. Boch Seconded by: Councillor Ataman Resolved that Proposed Subdivision No. S (Porcher) be approved by Council with the following conditions: 1) Applicant/Owner submit confirmation in writing from the Chief Municipal Administrator of the R.M. of St. Andrews that: a) Taxes on the land to be subdivided for the current year plus any arrears have been paid or arrangements satisfactory to Council have been made; b) Capital development fees to be paid. 2) Manitoba Land Surveyor prepares a 1-lot plan of subdivision, including lot area and width calculations and confirmation that Crown Land is not involved in the proposal. 3) Applicant/Owner obtains permit from Manitoba Infrastructure and Transportation for change in land use of land along PTH 8. Please contact Iris Murrell at (204) or Karen Toews at (204) ) Applicant/Owner obtains, if required: a) Joint easement agreement for existing and/or future MTS facilities associated with the subdivision. b) Plan of easement prepared by a Manitoba Land Surveyor as required by The Real Property Act.

11 3) Subdivision No. S Church of England - J. Ferguson, Planner, recommended that this application be tabled as Intergovernmental Affairs has some concerns and it is believed that they will object. - The recommendation was to hold this application until the new development plan is in place as it will facilitate this use. - The applicants have met with Planning and were given authorization to continue construction. Res. ( ) Moved by: Councillor Ataman Seconded by: Councillor Hunt Resolved that Proposed Subdivision No. S (Church of England) be tabled. Variation Orders 1) Variation Order No Walker - J. Ferguson, Planner, provided a summary of this application. - Planning had no concerns with this file but did recommend that a staking certificate be required. - The variation was required as the intensity of the existing noncompliance would be increasing. The set back measurement is from the wall and not the eaves. - Approval was recommended subject to conditions. Doreen Grochowich Hwy #9 - commented on the number of variances being approved and asked if the building was going to be moved, why can't it be moved into compliance? George Walker (Applicant) Hwy #9 - Stated the building can't be moved into compliance due to the location of the well and septic field. - He stated that the immediate neighbours had no concerns with this matter. - This is being done to square up the house. The house is on piles and the grade beam was going on top of the piles. Richard Fenton Hwy #9 - Stated that he was one of the abutting neighbours and had no concerns with this application. - He provided a brief history of the property. Res. ( ) Moved by: Dep. Reeve Krasnesky Seconded by: Councillor Keryluk Whereas Applicant/Owner George Walker has made Variation Order No for the premises described as Pt. RL 127, Plan 2565, 5897 Highway #9, To vary from: Main: side yard minimum of 15 ft. To proposed: Side yard (south) minimum of 5.7 ft. To allow renovations on an existing single family dwelling. Now Therefore Be It Resolved that Variation Order No be hereby approved with the following conditions:

12 Res. ( ) Cont'd. 1) Applicant/Owner obtain all applicable permits from Selkirk and District Planning Board. 2) Applicant/owner to provide a staking certificate prepared by a Manitoba Land Surveyor to show the location of the foundation, and ensure compliance with the varied side yard of 5.7ft. 2) Variation Order No Friesen - J. Ferguson, Planner, provided a summary of this application. - The by-law allows for 10% coverage of a pond but the applicant want 15% coverage. - The municipal engineer reviewed this proposal and provided his comments. - The requirements under the by-law are either a strip of rip rap and proper slopage or a fence around the pond. - The depth of the pond is not regulated as long as the slope ratio is maintained. Sean St. Germain Donald Road - Voiced concern over the pond breeding mosquitoes. He stated that if approved he would like to see it fenced as they plan to have children and are concerned over safety. - He was informed that if the applicant reduced the pond size to 10% coverage, he would still have to meet the by-law requirements of rip rap or fencing and the slope ratio. Alisa St. Germain Donald Road - She would like to see it fenced. The existing slough is within 20' of their property. - Jennifer Ferguson, Planner, clarified that the sketch would be attached to the variation order to ensure that the pond is constructed as approved. - Planning confirmed that no building permit had been issued on this yet and if this application is approved, conditions can be attached. - The applicable section of the by-law was reviewed. Planning estimated that the depth at the centre of the pond would be about 9'. - If the applicant reduced his pond to 10% coverage, Planning would request a site plan showing the location of the proposed structure, the septic field, etc. - Planning confirmed that permits for accessory uses are not issued without information on the main use of the property. Res. ( ) Moved by: Dep. Reeve Krasnesky Seconded by: Councillor Keryluk Resolved that the application submitted by Applicant/Owner Abe Friesen for Variation Order No for the premises described as Lot 6, Plan 47056, Donald Road be rejected.

13 Planning - Miscellaneous Councillor R. Boch vacated his chair at 6:35 p.m. - A meeting will be held with West St. Paul to discuss the advocate for the joint sewer collection project. N. ADJOURNMENT Res. ( ) Moved by: Councillor Keryluk Seconded by: Dep. Reeve Krasnesky Resolved that the Council meeting be adjourned at 6:40 p.m.