TOWN OF NIVERVILLE

Minutes of the regular meeting of the council of the Town of Niverville December 19, 2006 at 6:00 p.m. In attendance were Mayor G. Fehr and Councillors J. Funk, David Braun and Helen Sparrow. Due to family holidays, Councillor Stott was unable to be in attendance.

Res#369 D. Braun – H. Sparrow
In Camera BE IT RESOLVED that Council meet as committee of the whole in camera.
“Carried”

Res#370 D. Braun – H. Sparrow
Resume BE IT RESOLVED that the committee of the whole be adjourned and that Council resume its former order of business.
“Carried”

Res#371 J. Funk – H. Sparrow
Minutes BE IT RESOLVED that the minutes of the December 5, 2006 meeting be approved, all statutory requirements having been fulfilled.
“Carried”

Res#372 D. Braun – J. Funk
Agenda BE IT RESOLVED that the agenda be accepted as presented.
“Carried”

At 7:45 p.m. a Public Hearing was conducted held regarding Conditional Use under the Town of Niverville zoning by-law No. 524-97. The applicant, Riverside Electric requested permission to change the use of a building located at 10 Cedar Drive from “commercial offices” to “hall”. There were no presentations objecting to the proposal. The banquet hall, with a sitting capacity of 80 adults would be used for family gatherings, anniversary celebrations, weddings and business meetings. The Public Hearing was adjourned at 8:00 p.m. with Council reserving its decision until later in the meeting.

Res#373 J. Funk – D. Braun
Fire Services WHEREAS Council desires to acknowledge in a tangible manner the
Contribution contribution the members of the Niverville Fire and Emergency Services make to the security of the community;

AND WHEREAS during the holiday season the members of the Niverville Fire and Emergency Services will meet to celebrate the season;

THEREFORE BE IT RESOLVED that a $500.00 celebration grant be provided to the Niverville Fire Fighters Association to assist in the season’s celebrations.
“Carried”

Res#374 J. Funk – H. Sparrow
2007 BE IT RESOLVED THAT the following interim budget be
Budget adopted for 2007:
General Government Services $120,000
Protective Services 90,000
Transportation 85,000
Environmental Health 23,000
Public Health 3,300
Environmental Development 8,500
Economic Development 4,500
Recreation 45,000
Fiscal 250,000
Total $629,300

AND BE IT FURTHER RESOLVED THAT the CAO be authorized to pay all regular recurring expenses.
“Carried”

Res#375 D. Braun – H. Sparrow
Water WHEREAS the Town of Niverville currently has a water bill enforcement
Policy policy that following due process, permits staff to discontinue town water
Amended services until full payment, penalties and charges are received;

AND WHEREAS the Town finds this process to be onerous and confrontational;

AND WHEREAS Section 252(2) of the Municipal Act, permits overdue payments for services provided by the Town to be a lien and charge upon the land serviced, and shall be collected in the same manner in which ordinary taxes upon the land are collectible, and with like remedies;

THEREFORE BE IT RESOLVED that Council amend its current water services collection policy to the following:

1. That due date is 30 days from date of printing of invoice
2. That a penalty is assessed at 1.25% per centum for overdue payments
3. That a second notice is sent immediately after invoice due date providing an additional 30 days for payment to be received with penalty;
4. That should invoice for water services provided remain overdue following 60 days from due date, that the amount of outstanding charges for water services, including penalties, as per Section 252(2) of The Municipal Act, are a lien and charge upon the land serviced, and shall be collected in the same manner in which ordinary taxes upon the land are collectible, and with like remedies.
“Carried”

Res#376 J. Funk – D. Braun
NHCM BE IT RESOLVED that Council provide an operational grant of
Grant $9000.00 to the Niverville Heritage Centre Management Co.
“Carried”

Council concurred to the following:

1. That the request by Eastman Recycling for a fuel surcharge be given due consideration and brought back to Council in 2007 for a decision;
2. That By-law No. 530-98, being Niverville’s procedure by-law be reviewed and considered by Council in early 2007.
3. That Council give consideration to develop a land inventory management policy which will serve to set guidelines for residential lot development.
4. That in early 2007 the Town will consider purchasing new accounting software for administrative services.
5. That a policy for including paid private and public announcements within the town’s newsletter be developed.

Res#377 J. Funk – D. Braun
Seminar BE IT RESOLVED that Councillor Sparrow be authorized to attend a new councillor seminar on February 1, 2007 in Ste. Anne.
“Carried”

Res#378 J. Funk – D. Braun
Cheques BE IT RESOLVED that cheques nos. 19,925 to 19,989 totaling $1,051,099.85 be hereby approved for payment.
“Carried”

Res#379 H. Sparrow – J. Funk
Financial BE IT RESOLVED that the November 30, 2006 financial statement be accepted.
“Carried”

Res#380 J. Funk – D. Braun
BL 644-06 BE IT RESOLVED that By-law No. 644-06, a by-law for the purpose of 1st Reading acquiring certain land located in Lot 1, Block 1, Plan 30718, be given first reading.
“Carried”

Res#381 D. Braun – H. Sparrow
BL 644-06 BE IT RESOLVED that By-law No. 644-06, a by-law for the purpose of 2nd Reading acquiring certain land located in Lot 1, Block 1, Plan 30718, be given second reading.
“Carried”

Res#382 H. Sparrow – D. Braun
In Camera BE IT RESOLVED that Council meet as committee of the whole in camera.
“Carried”

Res#383 H. Sparrow – J. Funk
Resume BE IT RESOLVED that the meeting of the committee of the whole be adjourned and that Council resume its former order of business.
“Carried”

Res# 384 J. Funk – D. Braun
Riverside WHEREAS Riverside Electric has made application to change the use of a Electric building located at 10 Cedar Drive from “commercial offices” to “hall”;
Land Use
AND WHEREAS the application was duly advertised as per regulations contained in The Planning Act;

AND WHEREAS no objections were received to the request by Riverside Electric;

AND WHEREAS the applicant has entered into an agreement to purchase all or part of the south half of Lot 2, Plan 15525, which land will be amalgamated with Lot 1, Plan 15525;

THEREFORE BE IT RESOLVED that Council approves the application as submitted by Riverside Electric for a conditional use under the Town of Niverville’s zoning by-law no. 524-97, to permit a change in use of a building located at 10 Cedar Drive from “commercial offices” to “hall”, subject to the following conditions:

1. The applicant installs by June 30, 2007 a treated solid wood fence, 6 feet in height with 6” x 6” posts a minimum of 5 ft below grade, located along the entire south property lines of Lot 6, Plan 9965, Lot 1, Plan 15525 and Lot 2, Plan 15525, and the fence shall include a 3 ft gate for pedestrian traffic located immediately west of the public easement on Lot 6, Plan 9965.
2. The hall shall not host events past 1:00 a.m.
3. That By-law No. 464-94, being Niverville’s by-law to regulate unnecessary and harmful noise, shall be strictly adhered to, specifically that no person shall operate, play or permit the operation or playing of any radio, television, phonograph, drum, musical instrument, loudspeaker, public address system, sound amplifier or similar device in a residential or commercial district which produces, reproduces or amplifies sound in such a manner as to create a noise nuisance at a point of reception at any time.
4. That the Town shall receive copies of all provincial licenses or registrations granted to the facility;
5. That the Town receives notification by the applicant when a change in use is being considered by the applicant for the building.
“Carried”

Res#385 H. Sparrow – D. Braun
Riverside WHEREAS Burt Hiebert, on behalf of Riverside Electric, has made Electric application to have the back yard varied from 15 feet to 5 feet on Lot 6,
Variation 9965;

AND WHEREAS there is a park located immediately south of Lot 6, Plan 9965 that serves as a buffer to the residential development located further south of Lot 6, Plan 9965;

AND WHEREAS concerns were raised by residents regarding the encroachment of the proposed building on the residential neighbourhood;

AND WHEREAS the applicant has proposed to construct a 6 foot high fence along the south property line of Lot 6, Plan 9965 that will further demarcate the two competing land uses and address concerns raised by residential neighbours;

THEREFORE BE IT RESOLVED that as Burt Hiebert has assured Council of his intention to construct a 6 foot high solid wood fence along the south property limits of Lot 6, Plan 9965 and Lots 1/2, Plan 15525 by June 30, 2007, that Council approves the request to vary the back yard requirement on Lot 6, Plan 9965 from 15 feet to 5 feet;

AND BE IT FURTHER RESOLVED that Council serves notice to the applicant that no variation will be considered for back yard reductions on Lots 1 and 2, Plan 15525 as back yards are considered a required buffer zone between two competing land uses.
“Carried”

Res#386 J. Funk – H. Sparrow
Adjourn BE IT RESOLVED that the meeting be adjourned. (10:22 p.m.)
“Carried”

Minutes of the regular meeting of the council of the Town of Niverville December 5, 2006 at 6:00 p.m. In attendance were Mayor G. Fehr and Councillors K. Stott, J. Funk and D. Braun. Councillor Sparrow expressed regrets that due to illness she would not be able to attend.

Res#347 K. Stott – D. Braun
In Camera BE IT RESOLVED that Council meet as committee of the whole in camera.
“Carried”

Res#348 K. Stott – J. Funk
Resume BE IT RESOLVED that the committee of the whole be adjourned and that council resume its former order of business.
“Carried”

Res#349 D. Braun – J. Funk
Minutes BE IT RESOLVED that the minutes of the November 21, 2006 regular council meeting and the November 25, 2006 special council meeting be approved, all statutory requirements having been fulfilled.
“Carried”

Res#350 J. Funk – K. Stott
Agenda BE IT RESOLVED that the agenda be adopted as presented.
“Carried”

Res#351 J. Funk – D. Braun
Board of BE IT RESOLVED that Council sit as the 2007 Board of Revision
Revision with Greg Fehr serving as chairperson and G. Jim Buys as recording secretary.
“Carried”

Council recessed to sit as a Board of Revision.

Res#352 K. Stott – D. Braun
Adjourn BE IT RESOLVED THAT the meeting of the Board of Revision be adjourned and that the report of the Board be forwarded to Council for its consideration.
“Carried”

Res#353 J. Funk – K. Stott
Council BE IT RESOLVED that the Council approve the council organizational Structure structure and appointments thereto as described in Schedules “A” and “B”, attached hereto.
“Carried”
Res#354 J. Funk – D. Braun
Fire/EMR WHEREAS the Niverville Fire Services is being reorganized to include Service First Responder Emergency services, a service previously provided to the community through the South Eastman Regional Health Authority;

THEREFORE BE IT RESOLVED that the Niverville protective services be reorganized to include both Fire and EMR services and that the new service be called the Niverville Fire and Emergency Response Service.
“Carried”
Res#355 J. Funk – K. Stott
Bueckert BE IT RESOLVED that Keith Bueckert, a member of the Niverville Fire Enrolled and Emergency Response Service whose task it will be to serve as a primary instructor in the department, be enrolled in the Red Cross: First Aid, CPR, and AED Instructor course.
“Carried”

Res#356 J. Funk – K. Stott
GMC WHEREAS the Niverville EMR program will involve a medically-
Suburban equipped non-transporting emergency vehicle responding to E911 calls;

AND WHEREAS the town has been able to access a vehicle that meets and exceeds all expectations in providing the anticipated service;

THEREFORE BE IT RESOLVED that Council approves the purchase of a 1998 GMC Suburban 2500 for $7500.00 plus retrofitting expenses that may be incurred to provide a front line emergency response vehicle.
“Carried”

Res#357 J. Funk – D. Braun
RHA BE IT RESOLVED that the Protective Committee on behalf of the Town Agreement of Niverville be authorized to negotiate with the South Eastman Regional Health Authority a sponsoring agreement for the EMR services of the Niverville Fire and Emergency Response Service department.
“Carried”

Res#358 J. Funk – D. Braun
W. Unrau WHEREAS Werny Unrau has requested permission to move a residence Building onto 180 Ritchot Drive, a parcel of land for which a plan of subdivision has been approved;

AND WHEREAS the town building inspector has viewed the residence and submitted to council a favourable report on the condition of the home;

AND WHEREAS the proposal includes photographs of the proposed building;

THEREFORE BE IT RESOLVED that Council provides permission to move a residence as described in documents submitted to Council on December 5, 2006 onto a lot described as 180 Ritchot Drive, subject to the following conditions.

1. That a Town of Niverville building permit be obtained for the building, including the applicant providing engineered foundation blueprints;
2. That a bond or line of credit be issued in the name of the Town of Niverville, in an amount to be determined by the town’s building inspector, so as to provide assurance that the proposed exterior improvements to the building are completed within 12 months of the building permit being issued.
3. That the applicant further agree to enter into an agreement with the Town to apply any costs incurred by the Town above the limit of the letter/bond in the completion of the project to be applied as a debt owing to the municipality.
“Carried”

Res#359 D. Braun – K. Stott
Transfer of BE IT RESOLVED that Council authorize the CAO to transfer the
Funds following funds into reserve accounts:
Fire Pumper Reserve - $20,000
Fair Insurance Reserve - $5000 (reserve to be capped at $25,000)
Fire Protection Reserve – 25% of the RM of Hanover 2006 fire levy
Funds for projects levied and or begun in 2006 but not anticipated to be completed until subsequent years
“Carried”

Res#360 J. Funk – D. Braun
Cory BE IT RESOLVED that Cory Klassen, a professional City of Winnipeg
Klassen fire fighter be accepted as a member of the Niverville Fire and Emergency Response Service subject to all conditions applicable for new members.
“Carried”

Res#361 J. Funk – D. Braun
Event BE IT RESOLVED that Mayor Fehr be authorized to attend the municipal Attendance council holiday event in Steinbach on December 7, 2006 and that Council and CAO be authorized to attend a similar event in Hanover on December 19, 2006.
“Carried”

Res#362 J. Funk – K. Stott
Cheques BE IT RESOLVED that cheques nos. 19,871 to 19,924 totaling
$ 1,051,099.85 be hereby approved for payment.
“Carried”

Res#363 J. Funk – D. Braun
Financial BE IT RESOLVED that the October 31, 2006 financial statement be hereby approved for payment.
“Carried”

Res#364 K. Stott – D. Braun
NCI Grant BE IT RESOLVED that a $400.00 program grant be provided to the Niverville Clipper Ice Sports organization as support for new hockey programming.
“Carried”

Res#365 K. Stott – D. Braun
In Camera BE IT RESOLVED that Council meet as committee of the whole in camera.
“Carried”

Res#366 K. Stott – D. Braun
Resume BE IT RESOLVED that the committee of the whole be adjourned and that Council resume its former order of business.
“Carried”

Council concurred to the following:
1. That the Variation Order Application as submitted by Riverside Electric be tabled until Conditional Use Application No. 1 is processed by Council on December 19, 2006.
2. That the Community Places grant program will be given Council’s attention in the context of 2007 capital expenditures.
3. That the HED insurance program will be reviewed with staff to ensure it is meeting its objectives.
4. That Council’s procedure by-law will be discussed by members in the early new year.
5. That the following items be included on the 2007 Planning Session agenda
• Garbage collection services
• Residential lot requirements

Res#367 K. Stott – D. Braun
BOR BE IT RESOLVED that Council accept the report of the Board of
Report Revision, attached hereto as Schedule “C”.
“Carried”

Res#368 D. Braun – K. Stott
Adjourn BE IT RESOLVED that the meeting be adjourned. (11:10 p.m.)

A special meeting of Council was held on November 25, 2006 at 8:00 a.m. with Mayor Greg Fehr presiding and Councillors J. Funk, Kevin Stott, H. Sparrow and David Braun in attendance. The purpose of the meeting was to provide opportunity for Council to review its long term aspirations and develop an organization structure to facilitate the obtaining of same. Notice of the meeting had been provided to all members of council.

Res#343 K. Stott – H. Sparrow
Agenda BE IT RESOLVED that the agenda for the special meeting be approved as presented.
“Carried”

Res#344 J. Funk – H. Sparrow
In Camera BE IT RESOLVED that council sit as a committee of the whole in camera.
“Carried”

Res#345 H. Sparrow – K. Stott
Resume BE IT RESOLVED that the committee of the whole be adjourned and that council resume former order of business.
“Carried”

To reduce the time commitment of council and streamline operations, the following was concurred to, namely:
1. Movement by council over time to reorganize council responsibilities to essentially 2 main committees – the first dealing with all infrastructures and the second with programs.
2. Committees will have 2 councillors appointed thereto to facilitate succession planning and permit scheduling flexibility or management.
3. Members of council will be encouraged to develop a liaison role with para-community organizations (e.g. Niverville Chamber of Commerce). Their role will be generally limited to guiding, informing and reporting to/from Council. Special circumstances may demand additional responsibilities. As liaison members, no responsibility is assumed in management or governance.
4. Council may appoint citizen members to assume the liaison role and report back to Council.
On December 5, 2006 a new council appointment schedule will be brought forward to initiate the first stage of implementation of this new approach in governance.

Res#346 J. Funk – D. Braun
Adjourn BE IT RESOLVED that the special meeting of council be adjourned.
“Carried”

Minutes of the regular meeting of the council of the Town of Niverville held on November 21, 2006 at 6:00 p.m. In attendance were Mayor G. Fehr and Councillors J. Funk, H. Sparrow and K. Stott.

Res#327 H. Sparrow – J. Funk
In Camera BE IT RESOLVED that council meet as committee of the whole in camera.
“Carried”

Res#328 J. Funk – H. Sparrow
Resume BE IT RESOLVED that the committee of the whole be adjourned and that council resume its former order of business.
“Carried”

At approximately 7:35 p.m. the regular meeting of council was convened.

Res#329 J. Funk – H. Sparrow
David Braun WHEREAS an insufficient number of councilors were elected during the October 25, 2006 general election to fill the vacancies on Council,

AND WHEREAS Niverville council, in accordance with Section 102(1) of The Municipal Act, must now appoint a person to fill the vacant councilor position;

THEREFORE BE IT RESOLVED that in accordance with Section 102(1) of The Municipal Act, that David Braun be hereby appointed as councilor for the Town of Niverville.
“Carried”

Res#330 K. Stott – D. Braun
Minutes BE IT RESOLVED that the minutes of the November 7, 2006 regular meeting of council be approved, all statutory requirements having been fulfilled.
“Carried”

Res#331 J. Funk – K. Stott
Agenda BE IT RESOLVED that the agenda be adopted subject to the following additions:
New Business: Town office sign
Heritage Centre parking lot
“Carried”

Res#332 J. Funk – K. Stott
Subdivision WHEREAS 5278547 Manitoba Ltd. holds Lot 1 of Block 2, Plan 21934
1-2-21934 under CT 2151331;

AND WHEREAS it is being proposed that there be created individual titles for the two family dwelling under construction on the aforementioned title;

AND WHEREAS the proposed lot meets the minimum site area and frontage requirements of Part V Section 9 of the Zoning By-law;

THEREFORE BE IT RESOLVED that the plan of subdivision for Lot 1, Block 2, Plan 21934 be approved subject to the following conditions:
1. that the Town is provided with building location certificates showing the location of the attached single family dwelling unit with respect to existing and proposed property lines which shall confirm that each party is coincident with a property line, and
2. that if warranted by the building location certificates, the minimum yard requirements are varied accordingly
3. that the current year’s taxes are paid
4. that the applicant is hereby notified that the new additional lot will be added to LID No. 16, and levied a fee equal to all other residential lots in Niverville for costs associated with the construction of the new wastewater treatment lagoon.
5. that a joint sewer maintenance agreement be registered against each lot, copy of which shall be provided to the town.
“Carried”

Council concurred to the following:
a. Full support and encouragement to continue proceeding with the overhaul and development of the Niverville EMR service.
b. That a short planning session of council will be held on Saturday, November 25, 2006 at 8:00 a.m., at the Niverville Civic Office.
c. That a letter be forwarded to Big D Automotive advising of Zoning By-law requirements for home based businesses.

Res#333 H. Sparrow – D. Braun
CIS Grant BE IT RESOLVED that a $350.00 grant be provided to the Niverville Clipper Ice Sports to assist in offsetting costs incurred in hosting the community Fall Supper at the Heritage Centre.
“Carried”

Res#334 K. Stott – J. Funk
January BE IT RESOLVED that the regularly schedule meetings for January 2 and
Meetings 16, 2007 be cancelled and that regular meetings be held on January 9 and 23, 2007;

AND BE IT FURTHER RESOLVED that due notice is hereby given.
“Carried”

Res#335 K. Stott – H. Sparrow
PD Day BE IT RESOLVED that the CAO be authorized to attend a Professional Development day on January 26, 2007 in Winnipeg dealing with Municipal Action and Decision –Making.
“Carried”

Res#336 J. Funk – K. Stott
Cheques BE IT RESOLVED that cheques nos. 19749, 19810 to 19870 totaling $ 67,299.16 be hereby approved for payment.
“Carried”

Res#337 J. Funk – H. Sparrow
Town Office BE IT RESOLVED that Council authorize Creative Print-All to prepare a
Sign replacement town identification sign to be attached to the exterior wall of the Civic Office.
“Carried”

Res#338 K. Stott – H. Sparrow
Heritage BE IT RESOLVED that a conditional grant be made to the Heritage
Parking Centre in the form of the Town incurring the cost and management services of providing parking lot dirt leveling services and removal of concrete rubble.
“Carried”

Res#339 J. Funk – K. Stott
In Camera BE IT RESOLVED that Council meet as committee of the whole in camera.
“Carried”

Res#340 D. Braun – K. Stott
Resume BE IT RESOLVED that the meeting of the committee of the whole in camera be adjourned and that Council resume its former order of business.
“Carried”

Res#341 K. Stott – J. Funk
Revised WHEREAS during the construction of the wastewater stabilization
Contract pond additional topsoil was required to be removed;

AND WHEREAS this additional work has resulted in an additional fee of $60,282.60 being added to the value of the contract;

THEREFORE BE IT RESOLVED that Progress Claim #5 as submitted by Cochrane Engineering for work completed by Tri-Line Construction in the amount of $128,330.38, which includes the revised contract amount, be hereby approved for payment.
“Carried”

Res#342 K. Stott – D. Braun
Adjourn BE IT RESOLVED that the meeting be adjourned. (10:25 p.m.)
“Carried”

Minutes of a special meeting of Council of the Town of Niverville held on October 24, 2006 at 7:30 a.m. In attendance were Mayor Greg Fehr and Councillors J. Funk and Kevin Stott. All members of Council had been duly notified of the meeting.

Res#313 J. Funk – K. Stott
Forcemain WHEREAS five tender bids have been received for the construction of the
contract forcemain along 5th Avenue to the new lagoon;
AND WHEREAS Dig-All Construction has submitted the lowest bid in the amount of $627,200.00 plus applicable taxes;

AND WHEREAS Cochrane Engineering and representatives of the Town
have met with Dig-All Construction Ltd. and are recommending acceptance of the tender bid as submitted;

THEREFORE BE IT RESOLVED that the Town of Niverville while retaining the right to negotiate various line items within the contract, hereby awards the contract for force main installation along 5th Avenue to the new lagoon to Dig-All Construction Ltd. in the amount of $627,200.00 plus applicable taxes.
“Carried”

Res#314 K. Stott – J. Funk
adjourn BE IT RESOLVED that the special meeting be adjourned. (7:55 a.m.)

“Carried”

Minutes of the regular meeting of the council of the Town of Niverville held on October 3, 2006 at 6:00 p.m. In attendance were Mayor G. Fehr and Councillors J. Funk, K. Stott and M. Dyck.

Res#282 J. Funk – M. Dyck
In camera BE IT RESOLVED that council meet as committee of the whole in
camera.
“Carried”

Res#283 J. Funk – M. Dyck
Adjourn BE IT RESOLVED that the committee of the whole be adjourned and that council add to the regular agenda the following items:
a. Ditch closing on 2nd Avenue North
b. Spruce Drive sidewalk location
“Carried”

Res#284 K. Stott – M. Dyck
Minutes BE IT RESOLVED that the minutes of the regular meeting of Council held on September 19, 2006 and the special meeting held on September 26, 2006 be approved, all statutory requirements having been fulfilled.
“Carried”

Res#285 J. Funk – K. Stott
Agenda BE IT RESOLVED that the agenda be adopted subject to the following additions:
a. Ditch closing on 2nd Avenue North
b. Spruce Drive sidewalk location
“Carried”

Council concurred to the following:
1. Councillor John Funk is asked to meet with Mr. Al Podjan regarding the possible replacement of sidewalk in front of the Niverville United Church.
2. That W&Op use a sod cutter to lower the ditch in front of lots 11 and 12, Block 1, Plan 19105.
3. That drainage adjustments on Edelweiss Crescent precede post haste.
4. That tentative arrangements have been made to hold the Town Christmas party on December 15, 2006 at the Heritage Centre with Councillor John Funk in charge of arranging the event.
5. That Mr. George Sawatzky has been selected as the recipient of the 2006 Niverville’s nominee for the Triple R Volunteer Award.

Res#286 J. Funk – M. Dyck
Assessment BE IT RESOLVED the assessment changes resulting in a tax reduction Change for Roll #33524 as provided by the Provincial Assessment Branch, dated September 5, 2006, in accordance with Section 306 of The Municipal Act, be added to the Tax Roll.
“Carried”

Res#287 J. Funk – K. Stott
Assessment BE IT RESOLVED that in accordance with Section 306 of The Municipal Changes Act, that supplementary assessment for 2006, dated September 29, 2006 be added to the tax roll.
“Carried”

Res#288 J. Funk – K. Stott
Sidewalk BE IT RESOLVED that the 5 foot sidewalk tender for 4th Avenue North Tender between 2nd Avenue North and 1st Avenue North be awarded to Skidpro Landscaping in the amount of $23.85 per linear foot.
“Carried”

Res#289 J. Funk – M. Dyck
AMM BE IT RESOLVED that Council and the CAO be authorized to attend the Convention AMM convention in Winnipeg from November 27 through November 30, 2006.
“Carried”

Res#290 J. Funk – K. Stott
Cheques BE IT RESOLVED that cheque nos. 19596 to 19635 totaling $ 95,665.59 be hereby approved for payment.
“Carried”

Res#291 J. Funk – M. Dyck
Manitoba BE IT RESOLVED that Council authorizes Manitoba Hydro to amend the
Hydro street lighting contract to include the annual operating costs for the Contract following street lights in Fifth Avenue Estates:
Nine (9) street lights on Errington Place and Errington Way which have been installed, and
following their installation at some future date in Crow Wing Developments, twenty (20) street lights in Phase 1 for a total operating cost of $4120.32.
“Carried”

Res#292 M. Dyck – J. Funk
Commercials BE IT RESOLVED that during the months of October and November, 2006, the Town of Niverville purchase 10 - 30 second commercials per month on either radio AM 1250 or Mix 96.7 at a cost of $540.00 plus applicable taxes.
“Carried”

Res#293 J. Funk – M. Dyck
Contec BE IT RESOLVED that upon Cochrane Engineering providing
Payment authorization to proceed with progress payment #1 to Contec Projects Limited regarding Phase 2 of the Wastewater Pond construction project, that the finance committee be authorized to process the payment.
“Carried”

Res#294 J. Funk – K. Stott
Sidewalk WHEREAS upon review, it is recognized that a significant number of Route trees would be adversely impacted should the proposed sidewalk be located on the north side of the Spruce Drive road allowance immediately adjacent to the north property line;
AND WHEREAS Council has in the past made allowance for changing of sidewalk routes when trees could be negatively impacted;
THEREFORE BE IT RESOLVED that the proposed sidewalk along Spruce Drive from west access to Roselawn Bay to west access to Edelweiss Crescent be located on the north side of the road immediately north of and as reasonably close to the road shoulder as is possible, taking into consideration the location of the street lights.
“Carried”

Res#295 K. Stott – J. Funk
Culvert WHEREAS improvements to Main Street will eliminate parking
Installment immediately in front of the Post Office;
AND WHEREAS the outdoor temporary post office boxes will be located on the west side of the Post Office which will directly encourage parking on the east side of 2nd Avenue North;
THEREFORE BE IT RESOLVED that Council authorize the installation by Works & Operations of a culvert and associated works at an estimated cost of $11,000.00 in the east ditch on 2nd Avenue North from Main Street to the first access driveway.
“Carried”

Res#296 M. Dyck – K. Stott
Adjourn BE IT RESOLVED that the meeting be adjourned.
“Carried”

TOWN OF NIVERVILLE

Minutes of the regular meeting of the Council of the Town of Niverville held on September 19, 2006 at 6:00 p.m. In attendance were Mayor G. Fehr and Councillors K. Stott, M. Dyck and J. Funk.

Res#265 M. Dyck – K. Stott
In camera BE IT RESOLVED that Council meet as committee of the whole in camera.
“Carried”

Res#266 M. Dyck – J. Funk
Resume BE IT RESOLVED that the meeting of the committee of the whole be adjourned and that Council resume its former order of business.
“Carried”

Res#267 J. Funk – M. Dyck
Minutes BE IT RESOLVED that the minutes of the regular meeting of Council held on September 5, 2006 be approved, all statutory requirements having been met.
“Carried”

Res#268 K. Stott – J. Funk
Agenda BE IT RESOLVED that the agenda be approved as presented.
“Carried”

In accordance with section 318(1) of The Municipal Act, a Public Hearing was held at 7:30 p.m. regarding amendments to Local Improvement Plan No. 16. There were no objections to the proposed amendments.

Following the Public Hearing an information session on the sewage lagoon project was held. Council was encouraged and affirmed in the work it has undertaken to relocate the current facility.

Res#269 M. Dyck – J. Funk
Lot Variance WHEREAS Taran Peters, owner of Lot 8, Plan 35785 has made application to vary the front yard requirement from 25 feet to 24.25 feet and the rear yard requirement from 25 feet to 23.25 feet;

AND WHEREAS no representations have been received from the general public to this request either for or against the proposal;

THEREFORE BE IT RESOLVED that the variation application be approved to reduce both the front yard requirement from 25 feet to 24.25 feet and the rear yard from 25 feet to 23.25 feet on Lot 8, Plan 35785, being 12 Elmdale Place.
“Carried”

Res#270 M. Dyck – K. Stott
Promotion BE IT RESOLVED that the CIS Sports organization be presented with 30 Pins Town of Niverville pins for promotion purposes related to the hosting of a goalie training camp to be held in Niverville from October 13th through the 15, 2006.
“Carried”

Res#271 J. Funk – M. Dyck
Fire Engine WHEREAS the diesel engine in the Fire Services equipment van requires Repair replacement;

AND WHEREAS three prices for the work have been obtained;
BE IT RESOLVED the contract to replace the diesel engine in the Fire Equipment van be awarded to the lowest tender, being Ste. Agathe Service Centre in the amount of $8095.40 plus applicable taxes.
“Carried”

Res#272 J. Funk – K. Stott
Fire WHEREAS currently there are 2 members on the Fire Services reserve list Volunteers who serve as volunteers to augment the services of the regular members of the Niverville Fire Services;

AND WHEREAS it is deemed expedient to train 4 to 6 individuals to the Level 1 practical at one time;

AND WHEREAS it is deemed necessary to augment the Fire Services reserve member list by increasing the number of reservist from 2 to 4 members;

THEREFORE BE IT RESOLVED that Council provides approval in principle to the Niverville Fire Services in augmenting the reservist membership numbers by providing training to 2 additional volunteers.
“Carried”

Res#273 K. Stott – J. Funk
Driveway WHEREAS currently the Town of Niverville follows a policy similar to Repair the Province of Manitoba in dealing with driveway repairs on public property;

AND WHEREAS Council deems it expedient to review and revise its current policy so as to encourage residents to make proactive improvements to their property, including that portion of the driveway that is located on public lands;

AND WHEREAS Council deems it important to have a policy that addresses the repair of culverts and driveway surfaces that have to be altered for drainage purposes;

THEREFORE BE IT RESOLVED as follows:

1. That a driveway hard-topping permit system be developed whereby staff will be required to check the culvert condition and elevation prior to either asphalting or concrete being placed on public lands. Permit application fee is $50.00. Should corrective work be required, Town staff are authorized to charge the homeowner for additional services provided on a cost recovery basis as per subsection 252(2) of the Municipal Act. The Town will not pay damages or be responsible for the replacement, reconstruction or repair of the pavement due to normal highway maintenance, upgrading or reconstruction other than noted in clause 2.

2. Where a culvert must be repaired for drainage purposes, the Town will complete the work replacing the driveway surface with ¾ inch down limestone cover. In the event the homeowner desires to re-hardtop the portion of driveway on public lands, the town will provide, upon receipt of copies of invoices confirming the work has been completed by the homeowner, a grant of $250.00 towards the cost thereof. The Town assumes no responsibility or liability for private works completed on public lands.
“Carried”

Res#274 J. Funk – M. Dyck
Cheques BE IT RESOLVED that the cheques nos. 19530 to 19595 totaling
$ 681,171.08 be approved for payment.
“Carried”

Res#275 J. Funk – K. Stott
Financial BE IT RESOLVED that the August 31, 2006 financial statement be accepted.
“Carried”

Res#276 M. Dyck – J. Funk
BL641-06 BE IT RESOLVED that By-law No. 641-06, a by-law respecting Parking 3rd read by Persons who are Physically Disabled, be given third reading, passed, signed by the Mayor and CAO, sealed and delivered.
“Carried”
In Favor – G. Fehr, J. Funk, M. Dyck, K. Stott

Res#277 J. Funk – M. Dyck
BL642-06 BE IT RESOLVED that By-law No. 642-06, being a by-law to amend By-1st read law No. 634-06 be given first reading and forwarded to the Manitoba Municipal Board for approval.
“Carried”

Res#278 J. Funk – K. Stott
Lift Station BE IT RESOLVED that Council approves the Electrical Services contract Contract with Manitoba Hydro for the placement of 3-phase power installation to the new wastewater lift station in Hespeler Park in the amount of $57,031.75 plus applicable taxes and authorizes the CAO to sign the Agreement.
“Carried”

Res#279 J. Funk – M. Dyck
Advertise BE IT RESOLVED that a $50.00 congratulatory advertising placement be Placement placed on the Silver Courts open house placement map to assist in celebrating the completion of the Silver Courts project.
“Carried”

Res#280 M. Dyck – J. Funk
Adjourn BE IT RESOLVED the meeting be adjourned. (9:40 p.m.)

Minutes of the regular meeting of Council of the Town of Niverville held on September 5, 2006 at 6:00 p.m. In attendance were: Mayor G. Fehr and Councillors K. Stott, J. Funk and M. Dyck.

Res#248 M. Dyck – K. Stott
In camera BE IT RESOLVED THAT Council meet as committee of the whole in camera.
“Carried”

Doug McNeil, Vice-President of Engineering and Construction for the Manitoba Floodway Authority together with an associate met to review the impact that expanding of the Floodway will have on the Red River Valley. Council received assurance that in the event of a 1:125 year flood that flood levels in Niverville would be reduced and that in the worst case scenario of 1:700 year flood, that the province, due to advances made in flood forecasting, would be in a positive position to respond by moving earthmoving equipment into the area to build up dike elevations. For those within the valley that may be negatively impacted by flood waters, a comprehensive flood damage claim system has been established.

Res#249 M. Dyck – J. Funk
Resume BE IT RESOLVED THAT the committee of the whole be adjourned, the report of the committee be adopted and that Council resume its regular order of business.
“Carried”

Res#250 M. Dyck – K. Stott
Minutes BE IT RESOLVED THAT the minutes of August 1, 2006 regular meeting and special meetings of August 10th and 23rd, 2006; be approved, all statutory requirements having met.
“Carried”

Res#251 J. Funk – K. Stott
Agenda BE IT RESOLVED THAT the agenda be approved as presented.
“Carried”

Mr. Mark Duddridge joined the meeting to ask Council to consider reviewing its driveway damage policy in that when the concrete work was completed on their driveway, they were under the strong impression that the Town had already corrected any deficiencies. It would be their position that if the Town has made an error in culvert placement, the Town should correct same at its cost. Council concurred to refer the matter to the Works & Operations committee for review.

It was noted that no appeals had been made by ratepayers to the 2006 Added Taxes Board of Revision.

Res#252 J. Funk – K. Stott
Golf BE IT RESOLVED THAT the Town of Niverville sponsor one hole of the Niverville Chamber of Commerce 4th Annual Golf Tournament which will be held on Friday, September 15, 2006 at the Quarry Oaks Golf course;
AND BE IT FURTHER RESOLVED that Council sponsor 4 members (one team) which may consist of members of Council and staff.
“Carried”

Res#256 J. Funk – M. Dyck
Grant BE IT RESOLVED THAT the Town of Niverville provide a $250 operations grant to the Triple R Development Corporation for the hosting of the Entrepreneur and Volunteer Appreciation evening which will be held on October 5, 2006 in St. Jean.
“Carried”

Res#257 J. Funk – K. Stott
Mailboxes WHEREAS there is the requirement for temporary mailboxes at the Niverville post office which due to space constraints must be located outside of the building;

AND WHEREAS Canada Post officials have indicated that their first choice, being sensitive to traffic patterns, would be to have them located on the west side of the building (north end), between the sidewalk and building;

THEREFORE BE IT RESOLVED that Council grants permission to Canada Post to encroach on public lands with the placement of temporary mailboxes on the west side of the building (north end), until such time as the post office in a position to expand its internal mail box system.
“Carried”

Res#258 K. Stott – M. Dyck
Garbage WHEREAS there exists the requirement for the Town to place a public receptacle garbage receptacle at the west end of Main Street;

AND WHEREAS Council is desirous of being consistent with waste receptacles placed by the Chamber of Commerce;

THEREFORE BE IT RESOLVED THAT Council authorize the purchase of a square concrete waste receptacle for placement at or near the intersection of Heritage Trail and Main Street.
“Carried”

Res#259 J. Funk – K. Stott
Cheques BE IT RESOLVED THAT cheque nos. 19427 to 19529 totaling Approved $700 195.19 be hereby approved for payment.
“Carried”

Res#260 J. Funk – M. Dyck
Financial BE IT RESOLVED THAT the July 31, 2006 financial statement be statement accepted.
“Carried”

Res#261 J. Funk – M. Dyck
BL641-06 BE IT RESOLVED THAT By-law No. 641-06, being a by-law
1st read respecting parking by persons who are Physically Disabled, be given first reading.
“Carried”

Res#262 M. Dyck – K. Stott
BL641-06 BE IT RESOLVED THAT By-law No. 641-06, being a by-law respecting 2nd read parking by persons who are Physically Disabled, be given second reading.
“Carried”

Council concurred to the following items:
1. Notice to be given that on October 19, 2006 representatives of Manitoba Culture will be present at the Civic Offices to meet with the general public regarding provincial grant opportunities;
2. That a review of the Communities in Bloom concept be explored during the 2007 Planning session;

3. That the RM of Tache be notified of Niverville’s interest in working with them to meet their emergency sewage storage requirements until the Lorrette sewage lagoon has been expanded;

4. That members of Council consider nominees for the Volunteer of the Year award.

5. That it is acknowledged that motor repairs will be required on the Fire Department equipment van.

6. That the W&Op committee should consider a draft policy on driveway paving on public lands which may include permit and reconstruction directives.

7. That Stonecroft developments be contacted regarding the status of the play structure and development of the Tot Park on 3rd Street North.

8. That recognizing the need for ditching improvements in the Stonecroft Development, the paving program be delayed until late spring 2007.

9. That the report of the Protective Committee be approved as presented.

10. That Councillors John Funk and Kevin Stott together with Mayor Fehr will meet to explore parking lot expansion at Hespeler Park and possible development of the Silver Courts walkway.

11. That Mayor Fehr will contact representatives of Puratone as to the status of their request for amendment to the Lease Agreement.

12. That the tri-lingual plaque for William Hespeler be approved as presented.

Res#263 J. Funk – K. Stott
MTS cable WHEREAS MTS requires approval to place cable and conduit on public lands to service new subdivisions with a total cable placement of 3400m of cable;

AND WHEREAS MTS has agreed in the process to remove existing cable from the 5th Avenue Public Reserve, thereby allowing for the develop of the land for public assets;

THEREFORE BE IT RESOLVED that Council approves the drawings dated August 21, 2006 as presented by MTS with the understanding that the majority of cables will be removed from the 5th Avenue public reserve.
“Carried”

Res#264 K. Stott – M. Dyck
In camera BE IT RESOLVED THAT Council meet as committee of the whole in camera.
“Carried”

Res#265 M. Dyck – J. Funk
Resume BE IT RESOLVED THAT the committee of the whole be adjourned and that Council resume its former order of business.
“Carried”

Res#266 J. Funk – K. Stott
Staff wages BE IT RESOLVED that the following wage increases be approved:
i. Effective August 21, 2006
a. Hilda Bergen - $11.00 per hour until December 31, 2006
$11.24 per hour beginning January 1, 2007
b. Audrey Neufeld - $12.92 per hour until December 31, 2006
$13.20 per hour beginning January 1, 2007
ii. Effective September 1, 2006
a. Ryan Dyck - $14.89 per hour
“Carried”

Res#267 K. Stott – M. Dyck
Adjourn BE IT RESOLVED that the meeting be adjourned. (10:25 p.m.)
“Carried”

Minutes of the regular meeting of Council of the Town of Niverville held on July 4, 2006 at 6:00 p.m. in the Civic Office, 86 Main Street, Niverville. In attendance were: Mayor G. Fehr, Councillors J. Funk, K. Stott and M. Dyck.

Prior to the meeting, Council had opportunity to meet with representatives of the Provincial Water Licensing Branch to review long term water usage patterns and possible studies that may be required to ascertain sustainable development. In attendance were Kristina Anderson, Groundwater Licensing Agent, John Little, Head of Ground Water Licensing and Rob Matthews, Manager of Ground Water Licensing.

Res#210 J. Funk/K. Stott
In Camera BE IT RESOLVED THAT Council meet as a committee of the whole in camera.
“Carried”

Res#211 M. Dyck/J. Funk
Resume BE IT RESOLVED THAT the committee of the whole be adjourned and that Council resume its regular order of business.
“Carried”

Res#212 J. Funk/K. Stott
Minutes BE IT RESOLVED THAT the minutes of the regular meeting of Council of June 20, 2006 and of the Special meeting of Council of June 20, 2006 be approved as circulated, all statutory requirements having been fulfilled.
“Carried”

Res#213 M. Dyck/K. Stott
Agenda BE IT RESOLVED THAT the agenda be approved as presented.
“Carried”

Res#214 J. Funk/M. Dyck
Cheques BE IT RESOLVED THAT cheques No.19260, 19265 to 19301 totaling $37,856.08 be approved for payment.
“Carried”

Res#215 M. Dyck/K. Stott
In Camera BE IT RESOLVED THAT Council meet as a committee of the whole in camera.
“Carried”
Council concurred to the following:

1. On September 25, 2006 the Town will be holding a table-top emergency exercise with representation from many outside parties.

2. Kordelia Falk has entered into a two year janitorial contract with the Town of Niverville.

3. Work has begun on the new wastewater lagoon with tenders for the balance of the project to be released later this week.

4. The provincial Main Street renewal project will be tendered shortly with the project to be completed in 2006/07. Seal coating of road to be completed in 2007.

Res#216 K. Stott/J. Funk
Resume BE IT RESOLVED THAT the committee of the whole be adjourned and that Council resume its regular order of business.
“Carried”

Res#217 J. Funk/K. Stott
5th Ave.Est. BE IT RESOLVED THAT Council approve payment of invoice in respect
Forcemain of the installation of the forcemain for Fifth Avenue Estates, in the amount of $76,421.90.
“Carried”

Res#218 M. Dyck/K. Stott
Adjourn BE IT RESOLVED THAT the meeting be adjourned (10:15 p.m.).
“Carried”

Minutes of the regular meeting of Council of the Town of Niverville held on June 20, 2006 at 6:00 p.m. In attendance were: Mayor G. Fehr, Councillors K. Stott, M. Dyck and J. Funk.

Res#195 K. Stott/J. Funk
In Camera BE IT RESOLVED THAT Council meet as a committee of the whole in camera.
“Carried”

Res#196 M. Dyck/J. Funk
Resume BE IT RESOLVED THAT the committee of the whole be adjourned and that Council resume its regular order of business.
“Carried”

Res#197 K. Stott/J. Funk
Minutes BE IT RESOLVED THAT the minutes of the regular meeting of Council of June 6, 2006 be approved as circulated, all statutory requirements having been met.
“Carried”

Res#198 M. Dyck/J. Funk
Agenda BE IT RESOLVED THAT the agenda be approved as presented.
“Carried”

Res#199 J. Funk/K. Stott
Cheques BE IT RESOLVED THAT cheques No. 18777, 19211 to 19264 totaling $448448.84 be hereby approved for payment.
“Carried”

Res#200 J. Funk/M. Dyck
Financial BE IT RESOLVED THAT the May 31, 2006 financial statement be hereby approved as presented.
“Carried”

Res#201 J. Funk/M. Dyck
BL615-06 BE IT RESOLVED THAT By-Law 615-06, “The Fire Prevention By-
1st Read Law”, being a By-Law to establish standards and regulations concerning the burning of materials within the Town of Niverville, be given first reading.
“Carried”

Res#202 J. Funk/K. Stott
BL615-16 BE IT RESOLVED THAT By-Law No. 615-06 be given second reading.
2nd Read “Carried”

Res#203 J. Funk/M. Dyck
911 Service BE IT RESOLVED THAT the Town enter into an agreement with the Brandon Fire Department to provide Emergency 911 Services, said agreement to be in effect until December 31, 2011.
“Carried”

Res#204 K. Stott - M. Dyck
In Camera BE IT RESOLVED THAT Council meet as a committee of the whole in camera.
“Carried”

Res#205 M. Dyck – J. Funk
Resume BE IT RESOLVED THAT the committee of the whole be adjourned and that Council resumes its former order of business.
“Carried”

Res#206 J. Funk – K. Stott
B. Sadler WHEREAS Keith Bueckert has resigned from the executive of the
EMR Exec. Niverville Emergency First Responders;
AND WHEREAS Bob Sadler has indicated a willingness to assume the duties of executive member of the Niverville First Responders;
THEREFORE BE IT RESOLVED that Bob Sadler be appointed as executive member of the Niverville First Responders.
“Carried”

Res#207 M. Dyck – K. Stott
Adjourn BE IT RESOLVED THAT the meeting be adjourned.
“Carried”

___________________
Mayor

___________________
CAO

TOWN OF NIVERVILLE

Minutes of a special meeting of the Council of the Town Of Niverville held on June 20, 2006 at 10:15 p.m. All members of council had been duly notified of the meeting which was called to provide third reading to By-law No. 615-05. In attendance were: Mayor G. Fehr and Councillors K. Stott, M. Dyck and J. Funk.

Res#208 J. Funk – K. Stott
BL615-06 BE IT RESOLVED THAT By-Law 615-06, “The Fire Prevention By-
3rd Read Law”, being a By-Law to establish standards and regulations concerning the burning of materials within the Town of Niverville, be given third reading, passed, signed by the Mayor and CAO, sealed and delivered.
“Carried”

In Favor: G. Fehr, J. Funk, M. Dyck, K. Stott

Res#209 K. Stott – J. Funk
Adjourn BE IT RESOLVED THAT the special meeting of Council be adjourned.
“Carried”

Minutes of the regular meeting of Council of the Town of Niverville held on June 6, 2006 at 6:00 p.m. In attendance were: Mayor G. Fehr, Councillors K. Stott, M. Dyck and J. Funk.

Res#179 K. Stott/J. Funk
In Camera BE IT RESOLVED THAT Council meet as a committee of the whole in camera.
“Carried”

Res#180 J. Funk/M. Dyck
Resume BE IT RESOLVED THAT the committee of the whole be adjourned and that Council resume its regular order of business.
“Carried”

Res#181 K. Stott/M. Dyck
Minutes BE IT RESOLVED THAT the minutes of the regular meeting of Council held on May 16, 2006 and the minutes of the Special meeting of Council held on May 29, 2006 be approved as circulated, all statutory requirements having been met.
“Carried”

Res#182 J. Funk/K. Stott
Agenda BE IT RESOLVED THAT the agenda be approved with the addition of two items:

i. Reports - 7(i) EMR report; and
ii. New Business - 11 (c) summer meeting schedule.
“Carried”

Res#183 J. Funk/K. Stott
Peters WHEREAS Theodore and Lise Peters have made application to subdivide
Subdivision Lot 4, Plan 9965, except road Plan 17805, into two parcels, both of which meet the Town of Niverville Zoning By-Law requirements;
THEREFORE BE IT RESOLVED THAT the subdivision of Lot 4, Plan 9965, except road Plan 17805, be approved, subject to the following conditions:

1. That a building location certificate be provided showing the locations of the existing buildings on the property; and
2. That the applicant is hereby notified that the lot will be added to the LID No. 16, and levied a fee equal to all other residential lots in Niverville for costs associated with the construction of the new wastewater treatment lagoon.
3. That the garage be moved from Lot 4, Plan 9965 by September 1, 2008.
“Carried”

Res#184 J. Funk/K. Stott
Sidewalk WHEREAS Council is of the opinion that a walking path/sidewalk is
Roselawn/ required to enhance the quality of urban services for residences on
Edelweiss Roselawn Bay and Edelweiss Crescent subdivision;
AND WHEREAS it is deemed necessary to have the walking path/sidewalk located on the north side of Spruce Drive;
AND WHEREAS this location will have a significant impact on drainage on the north side of Spruce Drive;
THEREFORE BE IT RESOLVED THAT Council approves the construction of a walking path/sidewalk to be located on the north side of Spruce Drive from 5th Ave South eastward as far as the western leg of Edelweiss Crescent;
AND BE IT FURTHER RESOLVED THAT in 2006 the intention of Council, subject to project funding, will be for the walking path/sidewalk to have concrete construction from 5th Ave. S. as far as the western leg of Roselawn Bay, and of gravel construction eastward from that point.
“Carried”

Res#185 J. Funk/M. Dyck
Fire Services BE IT RESOLVED THAT Mr. Justin Smook be approved to be added to
Smook the roster of Niverville Fire Services on a one-year trial basis.
“Carried”

Res#186 J. Funk/M. Dyck
AMM Mtg. BE IT RESOLVED THAT the Mayor and CAO be approved to attend the
Friedensfeld AMM District Meeting to be held in Friedensfeld on June 12, 2006.
“Carried”

Res#187 J. Funk/M. Dyck
MMAA BE IT RESOLVED THAT the CAO be approved to attend MMAA
Seminars seminars in Winnipeg on Sept 8/06 and Dec. 8/06.
“Carried”

Res#188 J. Funk/K. Stott
Cheques BE IT RESOLVED THAT cheques no.19127-19154, 19157-19210 totaling $98539.85 be hereby approved for payment.
“Carried”

Res#189 J. Funk/M. Dyck
Lite 96.7 BE IT RESOLVED THAT the Town purchase 20 commercial spots on
Commercials Lite 96.7 at an estimated cost of $540.00.
“Carried”

Res#190 M. Dyck/K. Stott
Summer WHEREAS Council has traditionally adjusted the summer meeting
Schedule schedule to accommodate summer holidays;
THEREFORE BE IT RESOLVED THAT notice is hereby given that the regular meetings of July 18 and August 15 be cancelled and that Council meet twice only during the summer on regularly scheduled dates of July 4th and August 1st;
AND BE IT FURTHER RESOLVED THAT the finance committee be authorized to pay regular accounts between these scheduled meeting dates.
“Carried”

Council concurred to the following:
i. That Mayor Fehr will make the presentation of the Town of Niverville award at the 2006 NCI graduation ceremony.
ii. That curb appeal of Heritage Trail will be considered in the context of the 2007 Planning Session
iii. That mural painting on the Centennial arena should be researched and considered in the context of the 2007 Planning Session.
iv. That the NHCMC will provide council with a copy of the construction schedule for the Assisted Living Complex.
v. That the Recreation Commission will look into the availability of the Heritage Centre being available for the 2006 Remembrance Day service.
vi. That CWD agreement will be reviewed to ensure that no private wells will be permitted within the subdivision development.
vii. That 5th Avenue Estates be advised of a broken curb on Hillcrest.
viii. Reaffirmed that sewer and water rates will be reviewed in time for the 2007 budget year.

ix. That on the northeast and southeast sides of 5th Avenue and Main Street intersection that Main Street will be prepared by Highways for sidewalk construction if and when Council should wish to proceed.
x. That unsafe Lion’s Park playground infrastructure, if any, will be removed immediately and that the balance of the playground infrastructure will be removed when the new Hespeler playground has been developed.
xi. That Councillors John Funk and Kevin Stott will get together to bring forward recommendations to Council on Hespeler Park parking lot enhancement.
xii. That Council approves the NRC 2006 budget.
xiii. That a letter be sent to the RM of Ritchot acknowledging their letter of June 6, 2006 regarding Nanka Road construction.
xiv. That application be made for grant funding for the construction of the Heritage Trail within the corporate boundaries of the Town.

Res#191 M. Dyck/J. Funk
In Camera BE IT RESOLVED THAT Council meet as a committee of the whole in camera.
“Carried”

Res#192 M. Dyck/K. Stott
Resume BE IT RESOLVED THAT the committee of the whole be adjourned and that Council resume its regular order of business.
“Carried”

Res#193 J. Funk/K. Stott
L. Reimer WHEREAS Mr. Lloyd Reimer who resides at 24 Hillcrest Court has
Water contacted the Town and has requested to be disconnected from the Town’s treated water supply system;
AND WHEREAS an internal residential disconnection leaves the possibility for cross-contamination of the Fifth Avenue Estates water system;
THEREFORE BE IT RESOLVED that Mr. Reimer be advised that he must comply with the directives of Resolution No. 13-06 or alternatively must at his expense disconnect the water line on the outside of his residence on his property, with said disconnection being capped and inspected by the Town officials.
“Carried”

Res#194 M. Dyck/J. Funk
Adjourn BE IT RESOLVED THAT the meeting be adjourned.
“Carried”

Minutes of a special meeting of Council of the Town of Niverville held on May 29, 2006 at 4:30 p.m. In attendance were Mayor Greg Fehr and Councillors John Funk and Kevin Stott. Councillor Myron Dyck arrived a few minutes later.

Res#174 J. Funk – K. Stott
BL631-06 BE IT RESOLVED that By-law No. 631-06, being a By-law to provide
2nd Read for the establishing of service rates for properties receiving recycling and recovery of waste materials, be given second reading.
“Carried”

Res#175 K. Stott – J. Funk
BL631-06 BE IT RESOLVED that By-law No. 631-06, being a By-law to provide
3rd Read for the establishing of service rates for properties receiving recycling and recovery of waste materials, be given third reading, passed, signed by the Mayor and CAO and sealed.
“Carried”

Messrs. Ross Webster and Igor Artemchuk, engineers with Cochrane Engineering Ltd. joined the council meeting to review the proposed sewage lagoon tenders. A comprehensive discussion followed.

Res#176 J. Funk – K. Stott
Lagoon WHEREAS the proposed waste water lagoon project was duly tendered by
Contract Cochrane Engineering as per industry standards;

AND WHEREAS four bids were received from qualified firms of which Tri-Line Construction of Arbourg, Manitoba was the lowest bidder in the amount of $1,868,975.00, GST out;

AND WHEREAS all bids received were well above the engineered estimated cost of construction of $1,400,000.00;

AND WHEREAS Council is prepared to make adjustments to the proposed project that will not undermine the integrity of the Town of Niverville’s long term objectives for the waste water lagoon;

THEREFORE BE IT RESOLVED that Council hereby awards the contract for the construction of the new wastewater lagoon to Tri-Line Construction, subject to the following adjustments:

i. That the purchase and placement of rip rap be removed from the contract at a savings of $445,000.00

ii. That following consultation with Cochrane Engineering, that a decision will be made on the linear feet of forcemain that will be installed under the terms and conditions of this contract.

AND BE IT FURTHER RESOLVED that the contract be awarded at the following rate:

Amended Contract: $1,373,975.00
Extra work as may be required 50,000.00
Adjustments on forcemain TBD
Total Project Cost not to exceed $1,423,975.00
“Carried”

Res#177 K. Stott – M. Dyck
Main Street WHEREAS the Province of Manitoba, Transportation and Government
Improvement Services, has committed to upgrade Niverville’s Main Street so as to enhance the safety of pedestrians and improve vehicle traffic flows;

AND WHEREAS said improvements will also provide opportunity for the businesses along Main Street to benefit from the beautification of Main Street;

AND WHEREAS the proposal includes placement of traffic bulbs at intersections which are designed to have a positive impact on vehicle parking practices;

AND WHEREAS a public hearing was held in conjunction with the Chamber of Commerce annual meeting that allowed for business owners to communicate concerns, if any, directly with representatives of Transportation and Government Services;

THEREFORE BE IT RESOLVED that Council hereby approves the Main Street Improvement plans as submitted by Transportation and Government Services dated May 29, 2006.
“Carried”

Res#178 BE IT RESOLVED that the special meeting be adjourned. (5:45 p.m.)
Adjourn “Carried”

Minutes of the regular meeting of Council of the Town of Niverville held on April 18, 2006, 6:00 p.m. In attendance were: Mayor G. Fehr, Councillors J. Funk, M. Dyck and K. Stott.

Res#124 J. Funk/M. Dyck
In Camera BE IT RESOLVED THAT Council meet as a committee of the whole in camera.
“Carried”

Res#125 M. Dyck/J. Funk
Resume BE IT RESOLVED THAT the committee of the whole be adjourned and that Council resume its regular order of business.
“Carried”

At 6:30 p.m. graduate students from the Department of City Planning, Faculty of Architecture, of the University of Manitoba presented their final report of the study undertaken in respect of the proposed development plan for the Town of Niverville.

Res#126 J. Funk/K. Stott
Minutes BE IT RESOLVED THAT the minutes of the regular meeting of Council held on April 4, 2006 and the minutes of the special meeting of Council held on April 11, 2006 be approved as circulated, all statutory requirements having been met.
“Carried”

Res#127 J. Funk/K. Stott
Agenda BE IT RESOLVED THAT the agenda be approved as presented.
“Carried”

Res#128 J. Funk/K. Stott
V4-06 WHEREAS Howard and Mary Enns have applied for a variation order to
Enns reduce the front yard requirement on Lot 1, Plan 27855 for the purpose of constructing a new home on this property;
AND WHEREAS there were no representations from the general public either for or against the proposal;
THEREFORE BE IT RESOLVED THAT the variation application be approved to reduce the front yard requirements on Lot 1, Plan 27855 from 25 feet to 19 feet.
“Carried”

Res#129 J. Funk/M. Dyck
V5-06 WHEREAS Michelle Harder has applied for a variation order to reduce
Harder front yard and east side yard requirements on Lot 5, Block 10, Plan 19955 for the purpose of constructing a garage which would house a wheel chair ramp;
AND WHEREAS there were no representations from the general public either for or against the proposal;
THEREFORE BE IT RESOLVED THAT the variation application be approved to reduce the front yard requirements on Lot 5, Block 10, Plan 19955 from 25 feet to 23 feet and the east side yard requirements from 5 feet to 3 feet.
“Carried”

Res#130 J. Funk/M. Dyck
Chamber BE IT RESOLVED THAT permission be granted to Mayor G. Fehr to
Luncheon attend the Chamber luncheon with Prime Minister Stephen Harper on April 19, 2006 in Winnipeg.
“Carried”

Res#131 J. Funk/K. Stott
Mayors & BE IT RESOLVED THAT permission be granted to Mayor G. Fehr to
Reeves Mtg. attend the Mayors and Reeves meeting with the Honorable Tim Sale, Minister of Health, at the Legislative Buildings on Thursday, April 27, 2006.
“Carried”

Res#132 J. Funk/K. Stott
Cheques BE IT RESOLVED THAT cheque Nos. 18940 to 18987 totaling $344,364.92 be herby approved for payment.
“Carried”

Res#133 J. Funk/M. Dyck
Financial BE IT RESOLVED THAT the March 31, 2006 financial statement be approved as presented.
“Carried”

Res#134 J. Funk/K. Stott
BL638-06 BE IT RESOLVED THAT By-Law No. 638-06 be given third reading,
3rd Read passed, signed by the Mayor and the CAO, sealed and delivered.
“Carried”
In favour: G. Fehr, J. Funk, M. Dyck and K. Stott.

Res#135 K. Stott/M. Dyck
BL639-06 BE IT RESOLVED THAT By-Law No. 639-06 be given third reading,
3rd Read passed, signed by the Mayor and CAO, sealed and delivered.
“Carried”
In favour: G. Fehr, M. Dyck, K. Stott and J. Funk.

Council concurred to the request of the Niverville Olde Tyme Country Fair committee that:
1. That the parade route for June 10, 2006 be established so as to
proceed North along 5th Ave. S., West for 1 block along Main Street,
South along 4th Ave. S.. East along 4th Street S. and dispersing at 5th
Ave. S.;
2. That the Parade marshal be granted use of the Town Gator on June 10,
2006.

Res#136 K. Stott/M. Dyck
In Camera BE IT RESOLVED THAT Council meet as a committee of the whole in camera.
“Carried”

Res#137 J. Funk/K. Stott
Resume BE IT RESOLVED THAT the committee of the whole be adjourned and that Council resume its former order of business.
“Carried”

Res#138 BE IT RESOLVED THAT Council authorizes the Mayor and
Grd Lease Administrator to sign a Ground Lease Agreement with Niverville Heritage
Her. Hldgs. Holdings Inc. for lands legally described as Lots 1, 2, 3, Plan 37126 and SP Lot 1, Plan 16588.
“Carried”
Res#139 J. Funk/K. Stott
Adjourn BE IT RESOLVED THAT the meeting be adjourned.
“Carried”

Minutes of the regular meeting of Council of the Town of Niverville held on March 21, 2006 at 6:00 p.m. The meeting was chaired by Deputy Mayor John Funk, with Councillors M. Dyck, K. Stott and G. Fehr in attendance.

Res#81 G. Fehr/M. Dyck
In Camera BE IT RESOLVED THAT Council meet as a committee of the whole in camera.
“Carried”

Res#82 M. Dyck/K. Stott
Resume BE IT RESOLVED THAT the committee of the whole be adjourned and that Council resume its regular order of business.
“Carried”

Res#83 G. Fehr/M. Dyck
Minutes BE IT RESOLVED THAT the minutes of the regular meeting of Council held on March 7, 2006 be approved as circulated, all statutory requirements having been met.
“Carried”

Res#84 K. Stott/M. Dyck
By-Election WHEREAS Mr. G. Daman resigned as head of council on March 1, 2006;
AND WHEREAS section 105(1) of The Municipal Act gives Council the power to decide whether to hold a by-election;
AND WHEREAS the general municipal election will be held on October 25, 2006 and council is confident that it can complete its mandate with a reduced quorum until such date;
THEREFORE BE IT RESOLVED THAT, pursuant to section 105(1) of The Municipal Act, a by-election for head of Council NOT be held at this time.
“Carried”

Res#85 K. Stott/M. Dyck
Appoint WHEREAS a by-election for Mayor will not be held until regular
Mayor elections in October 25, 2006;
AND WHEREAS Council is of the opinion that the duties of Mayor can be reassigned between members of Council;
THEREFORE BE IT RESOLVED THAT pursuant to section 105(2) of The Municipal Act, that Council appoint Greg Fehr to the position of Mayor.
“Carried”

Mayor Greg Fehr assumed the chair for the balance of the meeting.

Res#86 M. Dyck/J. Funk
Council BE IT RESOLVED THAT Council approve the reorganization of council
Duties duties as indicated in Schedule “A”.
“Carried”

Res#87 J. Funk/K. Stott
Agenda BE IT RESOLVED THAT the agenda be approved as circulated.
“Carried”

Res#88 J. Funk/M. Dyck
Subdivision WHEREAS Stonecroft Developments Ltd. has made application to further
Stonecroft subdivide lot 9-2-44587 into eight lots with each proposed lot being developed with one half of a side –by-side duplex
BE IT RESOLVED THAT approval be given to the subdivision of Lot 9, Block 2, Plan 44587 subject to the following conditions:
1. That the development Agreement between the Town of Niverville and Stonecroft Developments Ltd. dated September 16, 2005 be amended to reflect the revised drawings;
2. That proposed lots 1 through 8 be limited to the construction of duplexes;
3. That a variation application be submitted to ensure side yard requirements are in compliance with the Town of Niverville Zoning By-law;
4. That a revised drainage and lot elevation plan be submitted with the amended development agreement;
5. All other conditions of the current Development agreement are completed as agreed to.
“Carried”

Councillor J. Funk asked to be excused from the meeting to sit as a proponent in the matter concerning subdivision of personal property.

Res#89 K. Stott/M. Dyck
Excused BE IT RESOLVED that Councillor John Funk be excused from the council meeting.
“Carried”

Res#90 K. Stott/M. Dyck
Subdivision BE IT RESOLVED THAT the subdivision of Part of Parcel D, Plan 10470
D-10470 be approved, subject to the following conditions:

a. The existing dwelling by September 30, 2007 be relocated so that it lies entirely within Lot 1 of the proposed subdivision;
b. The Town be provided with a building location certificate showing the relocated dwelling once the subject building has been moved onto Lot 1;
c. If applicable, a variation application be made to vary the side yard requirements for Lot 1;
d. A development agreement is entered into with the Town of Niverville regarding the removal of the existing shed located on proposed Lot 2 if construction of a new dwelling has not been commenced by September 30, 2007.
“Carried”

Councillor J. Funk rejoined the meeting.

Council concurred to the following items:
a. That past policy be adhered to in the placement of an advertisement in current edition of the Niverville Collegiate yearbook;
b. That former Mayor Daman be feted at a dinner hosted by Council in appreciation for his work on Council, on April 7th, 2006, Councillor Fehr to make the arrangements;

Res#91 J. Funk/M. Dyck
Cheques BE IT RESOLVED THAT cheques No. 18828 to 18884 totaling $478,349.86 be hereby approved for payment.
“Carried”

Res#92 K. Stott/J. Funk
Financial BE IT RESOLVED THAT the February financial statement be approved as presented.
“Carried”

Res#93 J. Funk/K. Stott
BL636-06 BE IT RESOLVED THAT By Law 636-06 being a By-Law to establish a
2nd Read reserve fund for Gas Tax refunds be given second reading.
“Carried”
Res#94 K. Stott/J. Funk
BL636-06 BE IT RESOLVED THAT By Law 636-06 be given third reading, passed,
3rd Read signed by the Mayor and sealed.
“Carried”
In favor: Mayor G. Fehr, Councillors K. Stott, M. Dyck and J. Funk.

Res#95 J. Funk/M. Dyck
BL637-06 BE IT RESOLVED THAT By Law No. 637-06, being a By-law to amend
1st Read Zoning By-law No. 201, as amended, in respect of lands located in SE30- 7-4EPM, be given first reading.
“Carried”

Res#96 K. Stott/J. Funk
Authorization BE IT RESOLVED THAT the Council authorize the Mayor and CAO to sign off on easement agreements between the Town and Crow Wing Developments regarding the placement of water and sewer lines on private lands and drainage culverts on private lands leading to private ponds.
“Carried”

Res#97 J. Funk/M. Dyck
Grant BE IT RESOLVED THAT Council provide a grant in the amount of $100.00 to assist the Faculty of Architecture in holding a public meeting at the Heritage Centre on March 30, 2006.
“Carried”

Res#98 K. Stott/J. Funk
NHC WHEREAS Heritage Holdings Inc., a community owned non-profit
Atrium corporation is in conjunction with the construction of a 35 suite assisted
Receipts and supportive living complex, building an atrium at the Niverville Heritage Centre;
AND WHEREAS said atrium is a facility designed to be used by the general public for the purpose of community functions;
AND WHEREAS the atrium will be managed by the Niverville Heritage Centre Management Co., a SOA of the Town of Niverville;
AND WHEREAS the entire complex will be donated by the Heritage Holdings Inc. to the Town of Niverville in the year 2056 and is currently located on publicly owned lands;
THEREFORE BE IT RESOLVED THAT the Town is prepared to issue receipts for income tax purposes for monies donated by the general public for the construction of the atrium at the Niverville Heritage Centre with said funds being directed to the Heritage Centre Reserve Fund.
“Carried”

Res#99 J. Funk/K. Stott
Sump Pump WHEREAS Council has encouraged residents of homes constructed prior
Incentive to 1996 to install sump pumps to help alleviate the problems of excess weeping tile water entering the sewer collection system;
AND WHEREAS Council is desirous of encouraging property owners to voluntarily install a sump pump and are prepared to provide a financial incentive to complete same;
THEREFORE BE IT RESOLVED THAT Council provide a financial incentive of $200.00 to the first 10 homeowners in 2006 who meet all of the following criteria:
i. Residential home was constructed prior to 1996,
ii. Sump pump was installed between January 1, 2006 and December 31, 2006.
iii. Installation is in compliance with the Manitoba Building and Plumbing Code and completely eliminates the possibility of weeping tile water from entering the Town’s sewer collection system.
iv. Providing written proof of installation in the form an invoice and or cancelled cheque indicating installation occurred in 2005.
v. The sump pump installation has been inspected by the Town’s Building Inspector to certify compliance with Town’s objectives.
“Carried”

Res#100 J. Funk/M. Dyck
In Camera BE IT RESOLVED THAT Council meet as a committee of the whole in camera.
“Carried”

Res#101 J. Funk/M. Dyck
Resume BE IT RESOLVED THAT the committee of the whole be adjourned and that Council resume its former order of business.
“Carried”

Res#102 K. Stott/J. Funk
Adjourn BE IT RESOLVED THAT the meeting be adjourned.
“Carried”

Minutes of the regular meeting of Council of the Town of Niverville held on March 7, 2006 at 6:00 p.m. The meeting was chaired by Deputy Mayor John Funk with Councillors Myron Dyck, Kevin Stott and Greg Fehr in attendance.

Res#66 G. Fehr/K. Stott
In Camera BE IT RESOLVED THAT Council meet as a committee of the whole in
camera.
“Carried”

Res#67 G. Fehr/M. Dyck
Resume BE IT RESOLVED THAT the committee of the whole be adjourned and that Council resume its regular order of business.
“Carried”
In accordance with Section 104(4) of the Municipal Act, the CAO informed Council that a letter has been received from Gordon Daman wherein Mr. Daman has tendered his resignation as Mayor of the Town of Niverville. Effective date was March 1, 2006.

Res#68 G. Fehr/M. Dyck
Minutes BE IT RESOLVED THAT the minutes of the regular meeting held on February 21, 2006 and the minutes of the special meeting held on February 23, 2006 be accepted as circulated, all statutory requirements having been met.
“Carried”

Res#69 K. Stott/G. Fehr
Agenda BE IT RESOLVED THAT the agenda be approved as presented.
“Carried”

Res#70 M. Dyck/K. Stott
Fair WHEREAS Niverville Olde Tyme Country Fair committee has requested permission to host the Niverville Olde Tyme Country Fair from June 9 through June 11, 2006 on Main Street;
AND WHEREAS Council has provided approval for the request subject to approval being received from Manitoba Transportation and Highways;
AND WHEREAS Manitoba Transportation and Highways has given its approval subject to receiving a resolution from the Town of Niverville that the Town will save harmless the Province of Manitoba from liability matters relating to vehicles using the proposed detour route within the Town of Niverville;
THEREFORE BE IT RESOLVED THAT the Town of Niverville serve notice to the Province of Manitoba that the Town is prepared to save harmless the Province of Manitoba from and against all claims, liabilities, losses or suits which may arise from vehicles using the detour routes within the Town of Niverville as designated by Council which result from the closing of Main Street to traffic on June 9, 2006 through June 11, 2006.
“Carried”

Res#71 M. Dyck/K. Stott
Job Centre BE IT RESOLVED THAT Councillor G. Fehr and staff member H. McKnight be appointed as Manitoba Youth Job Center committee with duties to hire an office manager for summer 2006 and to supervise the general activities of the centre.
“Carried”
Res#72 G. Fehr/K. Stott
BL636-06 BE IT RESOLVED THAT By-Law 636-06, being a By-Law to establish a
1st Read Gas Tax Reserve Fund, be given first reading.
“Carried”
Res#73 J. Funk/G. Fehr
Cheques BE IT RESOLVED THAT cheques No. 18778 to 18827 totaling $68,698.87 be hereby approved for payment.
“Carried”

Res#74 G. Fehr/M. Dyck
BL635-06 BE IT RESOLVED THAT By-Law No. 635-06, being a By-Law to cancel
2nd Read the borrowing authority for $300,000.00, established under By-Law 597- 03, be given second reading.
“Carried”

Res#75 K. Stott/G. Fehr
BL635-06 BE IT RESOLVED THAT By-Law No. 635-06 be given third reading,
3rd Read passed, signed by the Deputy Mayor and sealed.
“Carried”
In favor: J. Funk, M. Dyck, G. Fehr, K. Stott.

Res#76 K. Stott/G. Fehr
In Camera BE IT RESOLVED THAT Council meet as a committee of the whole in camera.
“Carried”

Res#77 G. Fehr/M. Dyck
Resume BE IT RESOLVED THAT the committee of the whole be adjourned and that Council resume its regular order of business.
“Carried”

Res#78 J. Funk/G. Fehr
Tax Sale BE IT RESOLVED THAT Council designate 2005 as a tax sale year, and that all properties in arrears of taxes for previous years be eligible for tax sale;
AND BE IT FURTHER RESOLVED THAT Council set the Tax Sale date for November 29, 2006, at 10:00 a.m.
“Carried”

Res#79 G. Fehr/K. Stott
Friesen WHEREAS Friesen Investments has applied for a confirmation letter from
Investments the Town stating that activities occurring on Lot 10, Block 2, Plan 23182
are in compliance with Niverville’s zoning bylaw;
AND WHEREAS on November 6, 1998 a Conditional Use Permit had been applied for and granted subject to two conditions, one which has not yet been met;
AND WHEREAS Friesens Investments is prepared to provide in writing that by September 30, 2006, all the conditions of the November 6, 1998 conditional use permit will be complied with in its entirety;
THEREFORE BE IT RESOLVED THAT Council, upon receipt of a letter of intent from Friesen Investments indicating a full zoning compliance by September 1, 2006, provide a conditional letter of approval to MPI allowing Friesen Investments authorization to sell equipment subject to the caveat that approval be for a six month period, at which time the situation will be reviewed to ascertain complete compliance.
“Carried”

Res#80 M. Dyck/G. Fehr
Adjourn BE IT RESOLVED THAT the meeting be adjourned.
“Carried”

Minutes of the regular meeting of Council of the Town of Niverville held on February 21, 2006 at 6:00 p.m. In attendance were: Mayor G. Daman, Councillors J. Funk, M. Dyck, G. Fehr, and K. Stott.

Res#42 G. Fehr/K. Stott
In Camera BE IT RESOLVED THAT Council meet as a committee of the whole in camera.
“Carried”

Res#43 M. Dyck/J. Funk
Resume BE IT RESOLVED THAT the committee of the whole be adjourned and that Council resume its regular order of business.
“Carried”

Res#44 G. Fehr/K. Stott
Minutes BE IT RESOLVED THAT the minutes of the regular meeting of Council of February 7, 2006 and the minutes of the special meeting of Council of February 15, 2006 be approved as circulated, all statutory requirements having been met.
“Carried”

Res#45 M. Dyck/J. Funk
Agenda BE IT RESOLVED THAT the agenda be approved as circulated.
“Carried”

A public hearing was held at 7:35 p.m. to hear representations regarding a Special Service Proposal, a By-Law to provide for the inclusion of charges for waste and disposal as a separate item on property tax statements. There were no representations either for or against the proposal.

Res#46 J. Funk/K. Stott
BL631-06 BE IT RESOLVED THAT By-Law 631-06, a by-law to establish a
1st Read schedule of rates for the properties within the Town of Niverville receiving services for recycling and recovery of waste materials be given first reading.
“Carried”

Res#47 J. Funk/K. Stott
Gas Funding WHEREAS the Federal Government has initiated a program to share gas
Agreement tax revenues with municipalities;
AND WHEREAS through a Federal Gas Tax Funding Agreement for the years 2005 through 2010 the sum of $278,216.97 will be provided to the Town of Niverville for infrastructure improvements;
THEREFORE BE IT RESOLVED THAT Council authorize the Town to enter into a Federal Gas Tax Funding Agreement with the Province of Manitoba who will administer the program on behalf of the Government of Canada.
“Carried”

A public hearing was held at 7:45 p.m. to hear representations regarding a proposal to amend the Town of Niverville Basic Planning Statement in regards to land located in SE30-7-4EPM. There were no representations either for or against the proposal.

Res#48 G. Fehr/K. Stott
BL632-06 BE IT RESOLVED THAT By-Law 632-06, being a by law to amend The
2nd Read Town of Niverville Basic Planning Statement By-Law No. 176, as amended, be given second reading.
“Carried”

Res#49 M. Dyck/J. Funk
Gr. 6 Girls BE IT RESOLVED THAT the Town of Niverville include within the
Sports Grp. parameters of the Niverville Recreation Commission a community sports group developed for Niverville Elementary School Grade 6 girls under the instruction of Henry Dueck;
AND BE IT FURTHER RESOLVED that said program be included as an insured program of the Town with the instructor providing a year end report to the Recreation Commission of services provided by the organization.
“Carried”

A public hearing was held at 7:55 p.m. to hear representations regarding amendments to the Town of Niverville Zoning By-Law 201, as amended, pertaining to the zoning of land in SE30-7-4EPM. Several residents living along 5th Avenue South were on hand to speak against the proposal as outlined in By-Law 632-06. Concerns raised included:

a. possible negative appraisal impact on existing homes
b. possible impact on future resale value of existing homes
c. possible limiting factor on privacy
d. possible increased traffic flow in the area

Res#50 K. Stott/G. Fehr
BL633-06 BE IT RESOLVED THAT By-Law 633-06, being a by law to rezone land
2nd Read in SE30-7-4EPM by amending Zoning By-law No. 201 as amended, be given second reading.
“Defeated”

Res#51 J. Funk/G. Fehr
Cheques BE IT RESOLVED THAT cheques No. 18727 to 18777 totaling $40,135.04 be hereby approved for payment.
“Carried”

Res#52 J. Funk/G. Fehr
Financial BE IT RESOLVED THAT the January 2006 financial statement be approved as presented.
“Carried”

Res#53 G. Fehr/K. Stott
Heritage WHEREAS Heritage Holdings Inc. has requested a 50 year lease of lands
Land Lease and buildings commonly known as The Heritage Centre;
AND WHEREAS Council is in agreement that rather than selling the asset to Heritage Holdings, it would be expedient to lease the property with the improved land and buildings accruing to the Town in 50 years or such time thereafter as the Council of the day may decide;
THEREFORE BE IT RESOLVED THAT the Town enter into a Land Lease agreement with Niverville Heritage Holdings Inc. for the demised premises legally described as:

Lot 1, 2, 3 in Plan 37126 WLTO in NW1/4 30-7-4 EPM
SP Lot 1 in Plan 16588 WLTO in NW1/4 30-7-4 EPM

Excepting thereout the most southerly 20 feet of SP Lot 1 Plan 16588 WLTO which shall be used for a public drainage system.
“Carried”

Res#54 J. Funk/M. Dyck
Board of WHEREAS Council as the sole shareholder of Niverville Heritage Centre
NHMC Management Co. has the duty to annually appoint directors to the board of the Niverville Heritage Centre Management Co.
AND WHEREAS the director’s term of service is one year from the date of appointment;
THEREFORE BE IT RESOLVED THAT the following individuals be appointed as members of the Board of Niverville Heritage Managements Co. Ltd. for a one year term effective February 22, 2006, namely:
Messr. Greg Fehr (president), Kevin Stott (vice president), Cornie Loeppky, Terry Carruthers and exofficio non voting member - the president of Niverville Heritage Holdings Inc.
“Carried”

Res#55 J. Funk/K. Stott
Cochrane WHEREAS Cochrane Engineering Ltd. has presented a proposal for
Wastewater engineering services for detailed design and construction of the new
Facility Niverville wastewater treatment facility, including lift station and force mains in the amount of $142,000.00;
AND WHEREAS Council is of the opinion that said amount is fair and reasonable for professional services on a project of this magnitude;
THEREFORE BE IT RESOLVED THAT the Town approve the professional engineering bid and enter into a contract with Cochrane Engineering Ltd. for the provision of engineering services for the new wastewater treatment facility, lift station and force mains for a total cost of $142,000.00.
“Carried”

Res# 56 J. Funk/M. Dyck
Ice BE IT RESOLVED THAT the Town purchase a 1986 Olympia ice
Resurfacer resurfacer from Crystal Springs Hog Equipment Ltd. for a total cost of $6250.00 plus 15 hours of ice time and advertising on the unit;
AND BE IT FURTHER RESOLVED that staff be authorized to purchase supporting equipment (fuel tanks, blades and a new seat) at an estimated cost of $1500.00;
AND BE IT FURTHER RESOLVED THAT the JD 20020 be appraised and sold by way of public tender.
“Carried”

Res#57 J. Funk/G. Fehr
Health BE IT RESOLVED THAT the Town purchase two tables of tickets to the
Banquet Niverville Health & Community Foundation fundraising banquet to be held on March 16, 2006 at a total cost of $800.00.
“Carried”

Res#58 M. Dyck/K. Stott
In Camera BE IT RESOLVED THAT Council meet as a committee of the whole in camera.
“Carried”

Res#59 G. Fehr/M. Dyck
Resume BE IT RESOLVED THAT the committee of the whole be adjourned and that Council resume its former order of business.
“Carried”

Res#60 M. Dyck/G. Fehr
Adjourn BE IT RESOLVED THAT the meeting be adjourned.
“Carried”

Minutes of the regular meeting of Council of the Town of Niverville held on January 24, 2006 at 6:00 p.m. In attendance were: Mayor G. Daman, Councillors J. Funk, M. Dyck, G. Fehr and K. Stott.

Res#15 G. Fehr/M. Dyck
In Camera BE IT RESOLVED THAT Council meet as a committee of the whole in camera.
“Carried”

Res#16 M. Dyck/G. Fehr
Resume BE IT RESOLVED THAT the committee of the whole be adjourned and that Council resume its regular order of business.
“Carried”

Res#17 G. Fehr/J. Funk
Minutes BE IT RESOLVED THAT the minutes of the regular meeting of Council of January 10, 2006 be approved as circulated, all statutory requirements having been met.
“Carried”

Res#18 J. Funk/K. Stott
Agenda BE IT RESOLVED THAT THE agenda be approved as presented.
“Carried”

Res#19 M. Dyck/K. Stott
Fair WHEREAS the Niverville Fair committee has requested permission to host the Niverville Olde Tyme Country Fair from June 9th, 2006 to June 11th, 2006 on Main Street;
AND WHEREAS hosting the event would require setting up venues on site for the duration of the fair;
THEREFORE BE IT RESOLVED THAT Council provide its approval in principle to the proposal subject to permission being received from the following organizations:

i. Manitoba Transportation and Highways – permission to close