The RM of Dufferin No. 190 Council met for its regular meeting on Wednesday, October 14, 2020. Council changed from their average start time of 8:30 am to 10 am due to Council’s scheduling preference. Before the start of the meeting, the Council met at 8:30 to discuss staffing. The Agenda did not note this in-camera session.
Present was the Chief Administrative Officer (CAO), Rodney Audette, and Councillor Lori Zinn phoned in from another room in the building. Councillor Brent Smith was absent as he had recently resigned on October 7, 2020. There were several people in the Gallery. All councillors and members of the Gallery were required to wear masks at the meeting. This requirement was different than the previous meeting, where only the Gallery was required to wear masks. Before the start of the meeting, the CAO advised Council that there would be several people in the Gallery, and due to COVID-19, they decided that at this meeting, the Council would also wear masks. The Reeve, Terry Neugebauer, brought the meeting to order.
The Agenda had 11 headings with a total of 46 sub-items. The CAO went quickly through the Agenda, referring Council to many agenda items that he shared with them electronically. The meeting was short, lasting only one hour 15 minutes. The minutes from the previous meeting and the financial statement were reviewed by Council silently on their screens and moved to accept them without discussion or comment. The CAO informed LMT that the public could access public information such as the financial statement through an email or phone call request to the office. There were a few clarification questions to the CAO on two of the accounts for approval. The Council approved the accounts for payment totalling $2,066,548.51.
The delegation providing an update on the Arm River Colony drainage permit by the Water Security Agency was cancelled.
The Saskatchewan Association of Rural Municipalities (SARM) named a new planner. There have been multiple planners in this position over the past year. The CAO said the new planner reached out to the municipal office, and their review of the file has commenced. The RM will establish a special meeting to review the Official Community Plan and Zoning By-law planning documents one final time before starting the public meeting processes.
The RM will hold the Municipal election for Reeve on Monday, November 9, from 9 am to 8 pm at the Bethune Community Hall. Candidates for Reeve are Brent Smith, Colby Kivol and Russ Kirzinger.
The CAO sent the RM Foreman Report to Council electronically. Council reviewed the report on their laptops.
Councillor Brian Weisbrod said he has been receiving multiple complaints about a stop sign at Disley. He said the area is wide open and requires a yield. There is a second stop sign 200 metres away. The stop sign is on the outskirts of Disley, which borders the RM of Dufferin. As it is on an access road to Highway 11, the Ministry of Highways has jurisdiction, and removing a sign requires there needs to be an average of fewer than 50 vehicles per day. The most recent traffic count had a three day average of 56 vehicles per day. Councillor Brian suggested having another traffic done in the winter. The CAO said he would have another traffic count completed either later in the fall or early in the spring.
The CAO sent the Municipal Tax Report and Land Ownership Change Report electronically to Council, who reviewed the information on their laptops. There was only one comment by a Councillor who noted that North shore had been pretty busy. There was no other discussion before the Council acknowledge the reports.
Business Arising from Minutes/Unfinished Business
Sam Farris, President of K plus S Potash Canada (KSPC), replied to the RM’s request to be informed of incidents that occur at the mine. In the letter, Ferris agreed to provide as much information as possible. However, he would not offer specific incident reports as these would be considered minor incidents that would not impact operations. KSPC reports to the Ministry of Environment and that adding another reporting agency would be too strenuous on KSPC staff. Councillor Fishley asked the CAO if he had emailed the Ministry, which was part of the resolution at the September meeting. The CAO said he had tried calling. Councilor Fishley asked the CAO to send an email so that there is a paper trail. The CAO said he would. *note- The CAO told LMT he has emailed and called the Ministry of Environment and has not yet received a response from the Ministry as to the requirements to receive the information Council wants.
The CAO said that the RM has two separate appraisals from the same appraiser for Council’s consideration on the Dorry Street Encroachment and Road Closure Report. Fishley asked the CAO to explain the two scenarios. He said to correct the improvement situation at Highwood Beach legally; they could annex two separate pieces of land on the north and south, creating a 6-metre roadway to the old boat launch. The annexation would allow for drainage and correction of the encroachment and development issues. The CAO told LMT that on the Dorry Street right of way, which leads to the old boat launch area, there are two boathouses, one which was placed there in the late ‘60s and one in the ‘80s. He said that the Municipality did not have jurisdiction to permit the placement of these boathouses. A pumphouse and patio encroach on the right of way and a cottage that has encroached on side yard requirements. Turning the two slivers of land into private land would leave the boathouse owners to negotiate with the new owners of the annexed land to keep their boathouses on that land. The other option would be to leave the area as is and close down the road. Council recommended that there should be a public meeting to see what people want. A Councilor said that he could understand that it would be upsetting that the RM approved it years ago, but the fact of the matter is that because people can’t along down there that they have to correct it. He said that in the end they hat they can’t repair the hard feelings, but the RM has to fix what’s right for everybody and the people can decide at the meeting what they want.
‘Derek Fuchs MR Parcel Purchase Matter’
At the September meeting, there was opposition to the municipal reserve land sale to Derek Fuchs by other residents at Highwood Beach. Before the Council addressed this, Councillor Brent Smith declared a conflict of interest and excused himself. The residents requested that the boundaries be defined to understand the potential impact of the sale. Council agreed and had the land staked out. Multiple Councillors viewed the area and reported that they did not have any objection to the sale. Council moved to sell the parcel to Fuchs.
‘New Business’
Councillor for Division #4, Brent Smith, submitted his resignation on October 7, 2020. He is running for Reeve. Council set a by-election for January 16, 2021, for this position.
The CAO said he received correspondence from MLT Aikins Lawfirm from Promhouse and Madarash regarding previous approvals for boathouses and encroachment at Highwood Beach. He said it indicated, in part, a conflict of interest by Councillor Brent Smith. Upon review, the CAO recommended that the letter be forwarded to SARM legal council to respond, noting that there is no conflict of interest as there is no councilperson currently involved in development in the area. (The resignation for Councillor Brent Smith was dealt with moments earlier in the meeting). He added that the Municipality has the right to decide on certain matters with which the public may not agree.
‘Highwood Beach MR Boat Space Leases’
The CAO said that the initial period for the five-year lease for boat spaces is expiring at the end of 2020 and that Council may decide on a renewal process for the spaces. The CAO said that the initial desired approach five years earlier was that they would be made available to other residents until March 31, 2020, and that if there were any more requests for the five spaces that there would be a draft lottery. Council passed this without discussion.
Under ‘Don Promhouse Email re Highwood Beach Boat launch and Lease Space Area”, – The CAO said that the email indicated that the resident felt the RM placed the markers incorrectly. The CAO said that he would reconfirm the measurements.
‘Petition review and Responses’ Don Promhouse et al.’
Don Promhouse presented a petition to the RM on September 9, 2020. Thirty-four residents signed the petition. The CAO stated that several items were dismissed under the Municipalities Act. Council discussed addressing the issues at the Public Meeting and when the best time for a public meeting would be COVID-19.
Council approved the development permit application for Discretionary Use- boat launch for Northshore lands. Council noted North Shore had completed the requirements before approving the permit. Cameron Wyatt, Founder and President of Glamping Resorts, was in the Gallery and was pleased with the approval of the boat launch.
Council approved all correspondence without discussion that was sent electronically for review.
The CAO discussed COVID-19 precautions during the upcoming municipal election on November 9, 2020, at the Bethune Community Hall. Voters may request Mail-in ballots directly from the municipal office. On election day, election officials and voters will be required to wear masks, and there will be a sanitation station before entering the voting area. Election workers will sanitize the poll area. Any visiting will be discouraged within the hall, with separate entrances and exits.
It was a short meeting, lasting approximately one hour and fifteen minutes.
RM meetings are public. The next meeting is November 18, 2020, at 10 am at the municipal office in Bethune.
Jennifer Argue, Civic Reporter, LMT - LJi
Note: These reports are abridged for content
The following is an excerpt from the petition. For the full document visit lmtimes.ca/highwoodbeach
Re: Petition against the RM of Dufferin #190 Council, For the Highwood Beach Dorry St. – Proposed Road Closure,
the Intent of the Consideration is three fold:
i. Provide lands offered at fair market value for encroachment remediation on Northern Boundary of current Dorry St. Boundary with Lot 26.
ii. Create a Parcel approximately 15.0 meters wide running to the water edge.
iii. Provide lands offered for fair market value for encroachment remediation on Southern Boundary of current Dorry St. Boundary with Parcel “B’.
SUMMARY: The RM of Dufferin #190 Council is fostering division and antagonism in the community of Highwood Beach and it must stop. The RM Of Dufferin #190 Council needs to meet with all Ratepayers and explain exactly what development is being done at Highwood Beach and take our concerns seriously!!!