1 00:00:01,920 --> 00:00:10,320 meeting in order. Um sorry 2 00:00:07,440 --> 00:00:15,360 nine by acknowledging that we're located in treaty one land traditional land of 3 00:00:13,120 --> 00:00:20,920 the nishakota deni and the bird of native nation. 4 00:00:20,960 --> 00:00:30,240 Okay we're going to >> adopt the agenda do adopt the agenda 5 00:00:25,760 --> 00:00:37,440 second by school. All in favor and carried. Then we'll move on to adoption 6 00:00:33,520 --> 00:00:44,320 of the minute of the August 26. I'll move adoption. 7 00:00:39,680 --> 00:00:51,680 Ros the adoption. Second by uh angle. Any question of the minute? Seems none. 8 00:00:49,039 --> 00:00:57,760 Everybody in favor and is carried. Then we move on to the 9 00:00:54,960 --> 00:01:03,399 checklist. Uh, be it resolved that the checks and EFTs in the amount of 10 00:01:00,399 --> 00:01:03,399 $378,490.38 11 00:01:04,239 --> 00:01:09,200 be approved for payment. >> Make a motion. 12 00:01:08,240 --> 00:01:17,439 » I'll second. >> Okay, we got Stalwicks to move and 13 00:01:11,840 --> 00:01:21,200 second by uh Sagazai. Any question? Any looking at the all this and so on. 14 00:01:19,040 --> 00:01:22,560 Everything is looking good anyways. >> Yeah. 15 00:01:21,520 --> 00:01:29,439 » Yeah. >> Good. Everybody's in favor. Everybody is 16 00:01:25,840 --> 00:01:35,439 then that's carried. Then we move on to finance statement of August 17 00:01:34,079 --> 00:01:40,159 26th. >> I'll move the finance statements. 18 00:01:37,840 --> 00:01:42,400 » I move I guess second. 19 00:01:40,640 --> 00:01:45,680 » Just a quick quick question just giving as we move towards the second half of 20 00:01:44,240 --> 00:01:48,799 the year. >> In good shape 21 00:01:46,720 --> 00:01:52,000 » in good shape. This is the time of year if we have 22 00:01:49,759 --> 00:01:55,360 » we find ourselves needing to >> be cautious. We can it's easier to 23 00:01:53,759 --> 00:01:57,360 recover than it is in November or December. So 24 00:01:56,079 --> 00:02:01,759 » Ann and I have looked at it. We're >> we're happy. Perfect. Thank you. That's 25 00:01:59,759 --> 00:02:08,160 answers the question. >> More question seems none. Everybody's in 26 00:02:04,560 --> 00:02:13,840 favor. Everybody is then carried. Okay. So we move on to 91 the LUD 27 00:02:11,840 --> 00:02:20,160 district of richer community of the September 2nd. I'll make a motion. 28 00:02:18,640 --> 00:02:23,680 Yeah. always move second by no. 29 00:02:22,480 --> 00:02:27,840 » Sorry guys, I wasn't there. >> Any any 30 00:02:25,599 --> 00:02:30,319 » Hey, I think it's still >> Yes, he's read that. 31 00:02:29,680 --> 00:02:35,120 » Thank you. >> I've gone through this once before. 32 00:02:33,360 --> 00:02:39,120 » So, you can't tell us anything. >> I cannot tell you too much. 33 00:02:37,360 --> 00:02:42,400 » I don't think there was much. Anyway, from what I read, it was right. I read 34 00:02:41,120 --> 00:02:45,840 the minutes. There wasn't much. >> Yeah. No, it wasn't. as usual. 35 00:02:44,000 --> 00:02:49,360 Essentially, um there was some repairs being done which council has already 36 00:02:47,200 --> 00:02:54,239 discussed in front of the richer are actively done if not already. Um the 37 00:02:52,000 --> 00:02:57,760 fall town cleanup for the LUD of Richard residence is happening as usual. Uh 38 00:02:56,080 --> 00:03:01,680 we're still planning the holiday cheer contest coming up. 39 00:02:59,120 --> 00:03:05,440 » Um so that's an annual thing that we do. So that was just again we're changing it 40 00:03:03,280 --> 00:03:10,080 a little bit for this year. Um just mainly in the manner that the uh judging 41 00:03:07,920 --> 00:03:13,200 will take place. Um, so we're going to have a municipal vehicle or we're hoping 42 00:03:11,680 --> 00:03:18,000 to have a municipal vehicle, have all of the the the committee members as judges 43 00:03:15,040 --> 00:03:21,360 go around in one go. Um, so with the marked vehicle, there'll be less 44 00:03:19,120 --> 00:03:24,959 community concern if there's just slowmoving cars on the roads and things 45 00:03:22,959 --> 00:03:28,720 like that um for safety and it's probably a better idea that way. So 46 00:03:27,360 --> 00:03:32,080 it'll be one night of judging so everybody can turn on their lights for 47 00:03:29,840 --> 00:03:35,360 that one day and then that'll be that. Um, and then speed limit signs. So 48 00:03:34,080 --> 00:03:39,680 speeding is a concern in the town of Richer. So, they're wanting to post more 49 00:03:37,200 --> 00:03:43,440 of those uh 30 km an hour zones. So, with more signage, they're hoping to 50 00:03:41,200 --> 00:03:46,640 alert people of those restrictions so that they can slow down and keep the 51 00:03:44,799 --> 00:03:52,640 community safe. That's >> good. Good. Okay. So, everybody's in 52 00:03:49,519 --> 00:03:57,760 favor, then it's carried. Good. So, we'll have a public hearing at 53 00:03:54,480 --> 00:04:02,720 10:00. There's two candidates. Then we move on to 54 00:04:00,720 --> 00:04:09,640 there's no new business. September 7 uh 15 55 00:04:05,200 --> 00:04:09,640 committee as a whole cancellation 56 00:04:09,760 --> 00:04:17,040 » they resolved that the committee of the whole meeting be scheduled for September 57 00:04:13,760 --> 00:04:22,079 15th be cancelled um we don't currently have anything on the agenda so unless 58 00:04:18,880 --> 00:04:25,440 somebody wants to put something on Yeah. So I think the summer that usually we 59 00:04:23,840 --> 00:04:27,680 have a meeting that we cancel we never cancelled one it's one of the first one 60 00:04:27,040 --> 00:04:32,800 anyway >> so so moved 61 00:04:28,960 --> 00:04:39,280 » so yas second by uh angle everybody's in favor then it's carried 62 00:04:35,759 --> 00:04:45,280 okay uh the next is 142 sidm open house invitations 63 00:04:41,040 --> 00:04:50,639 » that's happening tomorrow I want to say >> um 64 00:04:47,440 --> 00:04:52,639 Randy has agreed to go and I've RSVP I didn't think anybody else. Nobody else. 65 00:04:52,240 --> 00:04:54,800 Let me >> I'm I want to go too. 66 00:04:54,320 --> 00:04:57,120 » Yeah. >> Okay. So, Randy and Richard. 67 00:04:56,800 --> 00:05:02,880 » Yeah. >> All right. 68 00:04:58,880 --> 00:05:09,360 And All right. >> Do we need to move it? Angle move. 69 00:05:05,919 --> 00:05:16,440 Second by Nadu. All in favor? Then is carried. 70 00:05:10,960 --> 00:05:16,440 Good. Uh the um Uville drain 71 00:05:16,479 --> 00:05:21,600 information at this point. >> Information from what I could see. Yes. 72 00:05:20,320 --> 00:05:25,680 not nothing to discuss about >> there's further information I guess from 73 00:05:23,840 --> 00:05:29,840 from there is activity while we looked at this at the committee of the whole 74 00:05:27,759 --> 00:05:35,840 last last committee of the whole I think one of the previous meetings the earlier 75 00:05:32,320 --> 00:05:41,440 stuff was there the uh August 26th information so this is 76 00:05:38,240 --> 00:05:43,919 further to that yeah but it 77 00:05:42,160 --> 00:05:49,759 » okay then just >> at some point they may want a meeting 78 00:05:45,759 --> 00:05:52,720 » yeah but it's wait yeah and hopefully We can if there's something that's going to 79 00:05:51,039 --> 00:05:57,360 happen there of major issue we can get that arranged for in our budget for the 80 00:05:55,039 --> 00:06:00,479 year end up spending tens of thousands of dollars doing it. We better budget 81 00:05:58,800 --> 00:06:06,880 for it. Sure. Okay. Then we move on to 111 the 82 00:06:03,360 --> 00:06:12,919 RMover public gearing application. I guess it's formation again. I don't 83 00:06:08,639 --> 00:06:12,919 know if there anyone to talk about. 84 00:06:13,600 --> 00:06:23,720 I think then I guess we'll move on to now the 152 subdivision 85 00:06:20,080 --> 00:06:23,720 Kingsdale Place 86 00:06:26,720 --> 00:06:36,160 want to read the resolution. >> So okay this is for whether we're going 87 00:06:33,600 --> 00:06:41,039 to require them to install Bell MTS. So it's really 88 00:06:39,199 --> 00:06:44,720 I mean >> or Valley Fiber. I thought we agreed 89 00:06:42,639 --> 00:06:46,800 either one. one or the other. I thought as well 90 00:06:45,440 --> 00:06:51,120 » telephone communication >> telephone line telephone line 91 00:06:49,520 --> 00:06:56,000 » and yeah >> so I can read the resolution what the 92 00:06:53,840 --> 00:07:00,880 options are. Be it resolve the council deny this request or approve this 93 00:06:58,800 --> 00:07:05,360 request and instruct administration to have a development agreement amendment 94 00:07:03,360 --> 00:07:10,400 drafted reflecting the requirement for BellMTS telecommunication services to be 95 00:07:08,560 --> 00:07:13,400 installed for subdivision file 4175-21-8543 96 00:07:14,160 --> 00:07:21,919 on the following conditions. All purchasers of the affected lots or those 97 00:07:19,199 --> 00:07:26,080 current registered owners be informed of this amendment. That this development 98 00:07:24,080 --> 00:07:30,720 agreement amendment be registered on the affected titles at the cost of the 99 00:07:27,759 --> 00:07:35,120 developers and that all costs associated with the amendment described above be 100 00:07:32,720 --> 00:07:39,199 paid by the developers including legal and registration fees among others. 101 00:07:37,360 --> 00:07:42,400 » Shouldn't so just shouldn't that be the change in requirements and that if 102 00:07:40,880 --> 00:07:46,160 that's if we're if we're denying the request it means we're holding the 103 00:07:43,759 --> 00:07:51,120 requirement. If we're denying the request, if we approve this request, it 104 00:07:49,360 --> 00:07:54,560 would be instructing administrators to have the development agreement drafted 105 00:07:52,720 --> 00:07:57,120 reflecting the change in requirements. >> No, it's an amendment to the existing 106 00:07:56,000 --> 00:07:59,599 development agreement that's currently registered as a caveat on title, 107 00:07:58,400 --> 00:08:00,560 » which requires it. >> Yes. 108 00:08:00,240 --> 00:08:03,520 » Yeah. >> The development agreement requires it. 109 00:08:01,840 --> 00:08:07,919 So, we're approving their request to no longer require it, but we're required to 110 00:08:06,000 --> 00:08:12,479 modify the development agreement to remove that um to to amend it according 111 00:08:11,039 --> 00:08:16,960 to this resolution granting their request. If we did not change would we 112 00:08:15,520 --> 00:08:22,000 not amend our whole >> yeah reflecting the requirement 113 00:08:18,400 --> 00:08:25,039 » development agreement requirement like MTS 114 00:08:22,720 --> 00:08:31,199 » or we we made developers I'm just to amend before doing 115 00:08:28,639 --> 00:08:35,880 » development draft amendment drafted reflecting the 116 00:08:32,880 --> 00:08:35,880 required 117 00:08:36,080 --> 00:08:41,839 » well pre doesn't say removed covered costs how about in this particular one 118 00:08:40,719 --> 00:08:45,640 that's I think what the or >> not full cost Okay. 119 00:08:48,160 --> 00:08:52,240 » Where does the minister >> was going to add something? 120 00:08:50,720 --> 00:08:55,200 » Instead of reflecting, we can put removing the requirement. 121 00:08:53,519 --> 00:08:58,080 » Because it isn't like it's >> that would clarify. 122 00:08:56,080 --> 00:08:59,920 » Yeah. If it's not clear to me in my reading, then I'm suggesting it's not 123 00:08:59,519 --> 00:09:03,839 clear, >> right? The process is the same. We need 124 00:09:01,680 --> 00:09:09,920 to have an agreement drafted at the developer cost to be able to um modify 125 00:09:07,440 --> 00:09:13,040 the the terms of the original contract. >> Yeah. So is that something that you 126 00:09:11,519 --> 00:09:16,080 think the contractor would agree with? Is that understanding 127 00:09:14,560 --> 00:09:20,320 » would be less expensive than the installation from what we understand? 128 00:09:18,080 --> 00:09:26,480 » This is the question to council though. Are we going to force the developer to 129 00:09:23,120 --> 00:09:28,959 um have MTS put in [clears throat] >> where where 130 00:09:27,600 --> 00:09:31,279 » that's >> this is the by the gun range. 131 00:09:30,800 --> 00:09:33,760 » Yes. >> So how's how's cell phone communication 132 00:09:33,200 --> 00:09:37,600 in that area? >> You went out there. It was spotty but it 133 00:09:36,640 --> 00:09:40,480 did work. >> Yeah. You had said you had gotten like 134 00:09:38,880 --> 00:09:44,399 one bar. Somebody had to >> Yeah. Exactly. 135 00:09:42,000 --> 00:09:48,240 » Like we could make a call. >> We I couldn't check emails on my phones. 136 00:09:47,519 --> 00:09:52,880 » I just >> So So that's why we included in the 137 00:09:51,040 --> 00:09:55,760 recommendation to council that every single registered property owner 138 00:09:54,240 --> 00:09:58,800 currently there needs to be made aware that this is not coming because when 139 00:09:57,360 --> 00:10:01,600 they agreed to buy the land, they were told this is coming. 140 00:09:59,680 --> 00:10:05,279 » That was my question. That's the line that they were. 141 00:10:02,399 --> 00:10:09,519 » But I mean where the property is, there's lots of properties around there. 142 00:10:06,720 --> 00:10:12,399 It can't be that far for MTS to bring. >> Do we know that the approximate cost to 143 00:10:11,760 --> 00:10:16,959 bring >> 80,000 MTS will pay half 144 00:10:15,279 --> 00:10:22,320 » 80? Like 80,000. >> I know they say 145 00:10:18,240 --> 00:10:23,920 » so it would be 40,000 on the developer. >> 40. 146 00:10:23,040 --> 00:10:28,240 » Yes. >> That's 147 00:10:24,480 --> 00:10:30,399 » MTS agreed to partner 5050. I think >> it's the number that seems high. Makes 148 00:10:30,160 --> 00:10:34,000 sense. >> No, I I think you're informing the the 149 00:10:32,720 --> 00:10:37,360 people who are going to purchase the land in regard to the condition. There's 150 00:10:36,560 --> 00:10:40,000 people that already >> have already built their home. 151 00:10:38,880 --> 00:10:42,240 » They've already purchased. They've already built their homes and they've 152 00:10:40,959 --> 00:10:44,720 already been told that this is coming. >> Yes. Basically, 153 00:10:42,800 --> 00:10:48,240 » that's a problem. >> Exactly. 154 00:10:45,600 --> 00:10:51,839 » Oh, and in the defense of the MTS, one of the thing is because now any there's 155 00:10:50,640 --> 00:10:57,640 competition. >> So, this whole structures are changing 156 00:10:54,399 --> 00:10:57,640 having maint. 157 00:10:57,680 --> 00:11:03,680 They're still not bringing in fiber there. They're still bringing in old 158 00:11:01,200 --> 00:11:08,079 copper wire. But if you think from the resident's perspective, like you're told 159 00:11:05,200 --> 00:11:12,959 one, you're told this is coming and now I don't know. 160 00:11:11,279 --> 00:11:16,399 » Are you the developer in this? >> Okay. 161 00:11:14,800 --> 00:11:20,880 » Well, I don't know in what sense people are 162 00:11:19,120 --> 00:11:23,360 told. They've never been told that there's any internet coming there. 163 00:11:22,959 --> 00:11:27,440 » Okay. >> And this I don't know why they would 164 00:11:25,680 --> 00:11:31,360 know. The development agreement is registered on title as a tool of 165 00:11:28,800 --> 00:11:34,880 communication to inform the potential purchasers of the land of the terms and 166 00:11:33,360 --> 00:11:39,360 conditions that they're agreeing to by purchasing this land. So sometimes those 167 00:11:37,440 --> 00:11:42,720 agreements include requirements for drainage that it's their obligation to 168 00:11:41,120 --> 00:11:46,000 maintain those drains at their expense or things of that nature. One of the 169 00:11:44,560 --> 00:11:50,000 things in that development agreement is that the developer is to install uh you 170 00:11:49,040 --> 00:11:57,560 know street lighting and telecommunication lines and those those 171 00:11:52,399 --> 00:11:57,560 utilities. Unless they read it. 172 00:11:57,760 --> 00:12:03,760 » If they do do their due diligence, they will know. 173 00:12:01,360 --> 00:12:05,839 » It doesn't matter if they read it or not >> because we've built a house there. 174 00:12:05,440 --> 00:12:10,320 » Yeah. >> And like telephone service was great the 175 00:12:08,639 --> 00:12:16,240 whole time. >> We've had full service the whole time. 176 00:12:11,760 --> 00:12:19,600 We've had every there. >> How many homes are or like it's all 177 00:12:18,160 --> 00:12:21,839 subdivided. How many houses have been built there? 178 00:12:20,000 --> 00:12:26,399 » Eight or 10. I believe >> the total subdivision is eight lots. 179 00:12:23,920 --> 00:12:30,240 » One one is already occupied, two or three other construction. 180 00:12:28,959 --> 00:12:34,240 » I want to know what administration thinks like with your 181 00:12:33,600 --> 00:12:38,320 » This is up to >> no recommendation. No, 182 00:12:35,519 --> 00:12:42,000 » honestly there is I mean again it's a decision. It is a huge cost for the 183 00:12:40,480 --> 00:12:45,920 developer on the one hand. >> On the other hand I do understand the 184 00:12:43,600 --> 00:12:48,160 safety side of things. So >> yeah. 185 00:12:46,160 --> 00:12:52,560 » Yeah. But does that that cost that cost is generally the same for all developers 186 00:12:51,519 --> 00:12:57,440 is it not >> challenge in this case was when we 187 00:12:54,880 --> 00:13:01,120 applied for the subdivision bell refused to come in for the beginning because 188 00:12:59,440 --> 00:13:03,680 they say it's not in their jurisdiction to cover it. 189 00:13:02,639 --> 00:13:09,440 » Wow. >> So it's under valley fibers. 190 00:13:06,800 --> 00:13:13,040 » Do we for internet are we talking phone like do they still bring phone line in? 191 00:13:11,600 --> 00:13:18,639 Yes. Or [clears throat] is it all fiber? Like those are two different things. 192 00:13:16,480 --> 00:13:20,480 It'll be fiber. It would be fiber, but it would 193 00:13:18,959 --> 00:13:23,680 » probably fiber you. Okay. >> Yeah, fiber does both. 194 00:13:21,600 --> 00:13:27,680 » You don't get landline at all anymore. >> Well, probably fiber will get you a 195 00:13:25,120 --> 00:13:31,760 landline through the internet, right? The new the new ones that are going in 196 00:13:29,360 --> 00:13:36,240 are not hard wire like it's all internet based. So, they're 197 00:13:33,040 --> 00:13:38,480 » okay. Cuz I thought you still got a line coming your house. 198 00:13:37,360 --> 00:13:43,040 » But it's not going to be the same kind of line. Like my phone line is a land 199 00:13:40,880 --> 00:13:46,320 line. It runs when the power goes off. >> Yeah, that's what I was These won't run 200 00:13:44,399 --> 00:13:48,160 when the power goes off. These are f these are connected to the fiber 201 00:13:47,600 --> 00:13:51,600 network. >> Yeah, but they have backup generators. 202 00:13:50,240 --> 00:13:54,800 » Yeah. Yeah. But I just get the difference between landline and 203 00:13:53,279 --> 00:13:58,480 » but also do you have that do you have that email andor letter from MTS stating 204 00:13:57,760 --> 00:14:01,760 that? >> Yes, we do. We have I didn't see that in 205 00:14:01,600 --> 00:14:04,639 there >> in the file. 206 00:14:02,320 --> 00:14:09,839 » Yeah. No, I think because of the change of having competition and so on, I think 207 00:14:07,040 --> 00:14:13,360 protecting making it the contractor a lower cost and it's still protected. 208 00:14:11,920 --> 00:14:18,720 We're connected by >> if it's Valley Fiber's area and Valley 209 00:14:16,480 --> 00:14:21,519 Fiber provides landlines. >> I don't think there's a monopoly for one 210 00:14:20,320 --> 00:14:25,839 region for one >> they have a well whatever. Yeah. Like I 211 00:14:24,320 --> 00:14:30,079 wouldn't care if it's Valley Fiber or MTS. It doesn't really matter as long as 212 00:14:28,320 --> 00:14:34,480 » for the safety reason but because >> now where are we sitting 213 00:14:32,480 --> 00:14:38,000 » liabilitywise? We've had this in the contract and now 214 00:14:36,160 --> 00:14:44,560 we're taking it out of the contract. I mean that's liability is coming on us. 215 00:14:42,480 --> 00:14:49,360 in 21. I don't know that Valley Fiber was included in the the circulation for 216 00:14:47,120 --> 00:14:53,279 subdivisions. I think that's more modern development. So, this contract, the way 217 00:14:51,600 --> 00:14:56,959 it was approved by the province and the municipality was strictly BMTS. 218 00:14:55,519 --> 00:15:02,959 » See what I mean? We're we're kind of under obligation because it was in the 219 00:14:59,360 --> 00:15:06,000 original contract and if we deny it now, then we could be putting ourselves in 220 00:15:04,800 --> 00:15:08,560 trouble. >> Yeah. 221 00:15:06,320 --> 00:15:13,120 » Have we talked to our lawyer about this? >> No. But we have recommended again that 222 00:15:11,040 --> 00:15:17,040 at least we notify the public of the change um as a minimum. If council feels 223 00:15:15,760 --> 00:15:20,880 we need to consult with our lawyer to get a more legal opinion then that's 224 00:15:18,720 --> 00:15:24,320 something we could do. Um but ultimately like we can see the pros and cons for 225 00:15:22,639 --> 00:15:27,519 both. A lot of people nowadays just go to like a internet phone like not 226 00:15:27,040 --> 00:15:31,440 everybody >> I can see pros and cons as well but 227 00:15:29,920 --> 00:15:35,920 » so I mean really there's pros and cons of of either side of this decision. Um 228 00:15:33,760 --> 00:15:39,360 it's really up to council. The I'm sorry. I guess I'm old school, but is it 229 00:15:37,600 --> 00:15:42,000 Do they bring landline like just strictly landline to properties? That's 230 00:15:41,360 --> 00:15:45,760 what I thought. >> They do LMTS own landline. 231 00:15:44,320 --> 00:15:49,519 » It's not the same as it used to be, but it's fiber. So, they're internet phones, 232 00:15:49,199 --> 00:15:54,800 right? >> Yeah. MTS does not bring four lines 233 00:15:52,240 --> 00:15:58,560 hosting like general. >> Okay. 234 00:15:56,720 --> 00:16:02,240 » If you if you do like a single lot subdivision, there's no requirement to 235 00:16:00,399 --> 00:16:05,600 bring MTS to that. >> No. But 236 00:16:02,880 --> 00:16:08,320 » lot. No, but this is a normally if it's a one lot subdivision, you're off an 237 00:16:06,880 --> 00:16:10,720 existing municipal road allowance, right? Where the the lines would already 238 00:16:09,920 --> 00:16:14,480 be in >> it's out the out front. I guess 239 00:16:12,639 --> 00:16:18,000 » there is no existing line to tap in. >> This is a brand new road that they put 240 00:16:15,839 --> 00:16:21,920 in. So the the onus is typically on the developer to provide the utilities 241 00:16:19,360 --> 00:16:26,000 within that new road allowance. question is whether the real question is whether 242 00:16:24,399 --> 00:16:29,680 those kind of communications are considered now a utility 243 00:16:28,079 --> 00:16:33,040 » and then moving forward what is the municipality's standard like because 244 00:16:31,680 --> 00:16:36,560 this would be precedent setting because in the past we've always required the 245 00:16:34,639 --> 00:16:40,720 developer to have this installed. This is the first time that we've been made 246 00:16:37,920 --> 00:16:45,839 aware that the um utility company has informed the developer that they will 247 00:16:42,720 --> 00:16:51,279 not automatically do the installation unless there's a cost sharing uh at the 248 00:16:48,399 --> 00:16:53,839 developer's choice. Is is that is that a new development? 249 00:16:52,320 --> 00:16:58,480 » It is a brand new road. Yes. >> No, no. I'm saying is it a new 250 00:16:55,279 --> 00:17:02,000 development with MTF Bell MTS? Like is this something that we're going to be 251 00:16:59,759 --> 00:17:03,440 dealing with in the f further on down the line? 252 00:17:02,560 --> 00:17:05,919 » Possibly. >> For sure. 253 00:17:05,280 --> 00:17:11,839 » Yeah. >> I'm personally okay to like 254 00:17:09,280 --> 00:17:16,160 approve like approve the request personally because I I think 255 00:17:14,079 --> 00:17:19,520 » I know tons of people that have no landline. They just 256 00:17:17,679 --> 00:17:24,160 » only have a cell phone. So then you're putting in this $80,000 infrastructure 257 00:17:21,600 --> 00:17:27,839 that potentially not be used by anyone. >> And I and I don't disagree and I think I 258 00:17:26,000 --> 00:17:31,039 would vote in favor of that as well. But I think there's a bigger issue we don't 259 00:17:29,200 --> 00:17:34,640 want to lose sight of and that's doing it right moving forward because this to 260 00:17:34,000 --> 00:17:37,360 me >> we do need more information. 261 00:17:35,840 --> 00:17:41,760 » Well, it just changes the whole thing of what we will allow to be included in 262 00:17:39,280 --> 00:17:46,400 those in those development agreements. Do [clears throat] we just no longer 263 00:17:42,960 --> 00:17:52,799 make that available for MTS or or Valley Fiber to require that? Right. Is is that 264 00:17:50,240 --> 00:17:57,200 communication line no longer a municipally controlled uh utility or 265 00:17:55,520 --> 00:18:02,640 demanded utility? We don't control it, but we can demand it. This is asking us 266 00:17:59,600 --> 00:18:06,320 not to demand that that supplement. And >> we're kind of caught in that change that 267 00:18:04,880 --> 00:18:09,360 we I think we've seen coming. Yeah, you're right. We've seen this coming. 268 00:18:07,840 --> 00:18:14,640 Now we have to do something about what our requirements are. And it what it 269 00:18:12,080 --> 00:18:18,240 does I think is it makes it harder for the developer because the developer 270 00:18:15,919 --> 00:18:22,000 ahead of time had known this. They could have decided well now I have to realize 271 00:18:20,000 --> 00:18:26,240 my lots are worth I'm making up the number $5,000 more each because I have 272 00:18:24,240 --> 00:18:32,080 to put out that kind of money to get that in just like building the road cost 273 00:18:28,720 --> 00:18:37,440 me $100,000. Building the road and adding fiber to it cost me $145,000. Now 274 00:18:35,679 --> 00:18:42,880 I have to share that in the development of each lot. We did now we're caught in 275 00:18:40,240 --> 00:18:47,760 the middle of the developer not having anticipated that 276 00:18:45,200 --> 00:18:50,559 » but that's a well it was in the original contract 277 00:18:48,960 --> 00:18:53,760 » so it 278 00:18:51,039 --> 00:18:58,880 » due diligence is like you need to research that and find out what what it 279 00:18:56,240 --> 00:19:03,440 is right but >> no I think I think that we need more 280 00:19:01,280 --> 00:19:07,200 information I think that our our lawyer needs to look at this to see if we're 281 00:19:04,799 --> 00:19:11,520 liable in any way >> and and and and what and what 282 00:19:09,760 --> 00:19:18,720 » and how do we move forward >> for the future 283 00:19:12,880 --> 00:19:22,480 » liable um in reality I I I don't but I mean we can still run it by the lawyer 284 00:19:21,280 --> 00:19:24,320 if that's what you guys want >> I don't see the liability on this 285 00:19:23,919 --> 00:19:30,080 neither >> and I'm more concerned about how we how 286 00:19:26,559 --> 00:19:34,960 we set up our moving forward and and our our expectations of of the utilities 287 00:19:33,679 --> 00:19:38,480 » yeah me too exactly so >> I think we'll have to do due diligence 288 00:19:36,720 --> 00:19:40,400 work for the next contractor and she fine. 289 00:19:38,880 --> 00:19:46,480 » If somebody wants to bring hydro to their lot or natural gas, they're paying 290 00:19:42,559 --> 00:19:49,600 the 10, 12, $15,000 out of >> That's not negotiable for electricity, 291 00:19:48,320 --> 00:19:52,960 » right? And that's not the developer that's having to put that in. That's 292 00:19:50,880 --> 00:19:55,039 that's the land owner who's buying the lot that has to 293 00:19:53,760 --> 00:19:56,960 » It's the developer if they're building a new road. 294 00:19:55,840 --> 00:19:59,600 » If they're building a Okay. >> Correct. 295 00:19:58,160 --> 00:20:04,160 » Well, it depends where the house would be located. If the house now is little 296 00:20:02,000 --> 00:20:07,360 too far and it's additional cost >> new road that is built through the 297 00:20:06,000 --> 00:20:11,039 subdivision, the developer is responsible for putting those hydropoles 298 00:20:09,440 --> 00:20:12,160 along the road allowance as well as the street lights. 299 00:20:11,600 --> 00:20:15,039 » Yeah. >> So that is the developer 300 00:20:13,200 --> 00:20:19,039 » along with the wire that comes into >> right. Right. 301 00:20:16,000 --> 00:20:22,960 » The way they close then the house >> just needs to pay for it from go from 302 00:20:20,960 --> 00:20:26,480 the road to the house which would be the same kind of thing with the phone lines 303 00:20:26,000 --> 00:20:30,960 to the >> if they're kind of still required. And I 304 00:20:28,640 --> 00:20:36,320 I'm not sure like right now I'm sitting on the fence both ways because 305 00:20:34,080 --> 00:20:39,440 uh moving forward where do we go? 306 00:20:37,679 --> 00:20:42,640 » I'm I just I just one of the things that I'm going to ask the developer because 307 00:20:40,640 --> 00:20:46,720 we have you here and I don't know it's maybe I should know this. When hydro 308 00:20:44,799 --> 00:20:49,760 comes down that road are you paying hydro to bring hydro down that road? 309 00:20:49,600 --> 00:20:53,840 Well >> the communication with MTS has been 310 00:20:51,919 --> 00:20:56,559 » but I'm asking about hydro. Yeah. So you're paying the hydro to bring that 311 00:20:55,280 --> 00:21:00,720 down the road as well. >> Yes. Okay. 312 00:20:57,760 --> 00:21:05,679 » So, this is a change in policy and they no no longer will do single dwelling 313 00:21:02,799 --> 00:21:10,960 homes and then it says it says that uh Bell MTS Bell Canada will be responsible 314 00:21:08,880 --> 00:21:14,960 for notifying notification to the municipalities of this service decision. 315 00:21:13,600 --> 00:21:18,799 In other words, they've changed their policies on this. 316 00:21:16,320 --> 00:21:22,640 » Yeah, I don't I don'tation >> I don't remember receiving notification. 317 00:21:20,320 --> 00:21:26,080 » No, but I'm just saying so that's something that we should get on. 318 00:21:24,799 --> 00:21:29,039 » Well, that's what Ry's saying. were caught in between 319 00:21:27,440 --> 00:21:33,440 » and I I just >> I don't think that uh like I mean that's 320 00:21:31,760 --> 00:21:35,360 just an added expense probably you didn't plan for. Right. 321 00:21:34,640 --> 00:21:38,640 » Is it fair? >> If our lawyer says that we have no 322 00:21:36,960 --> 00:21:43,360 liability for changing this, I'm fine with changing it. 323 00:21:40,559 --> 00:21:47,520 » Right. That's where I'm standing. >> Okay. 324 00:21:45,039 --> 00:21:51,840 » The communication with MTS has been in general they will come in at the same 325 00:21:49,360 --> 00:21:56,240 time when Hydra is coming in >> and they will just go underground the 326 00:21:53,520 --> 00:22:00,159 same time but they have not been And they were surprised when I told 327 00:21:58,480 --> 00:22:03,360 them, well, like the road is done, like we need your services. And they're like, 328 00:22:01,679 --> 00:22:09,039 well, usual, like we're always being notified when Hydra's coming in. And we 329 00:22:06,080 --> 00:22:14,240 were being circled the whole time um on the update. And they were not aware to 330 00:22:11,760 --> 00:22:18,159 start all this development because in general like whenever the subdivision or 331 00:22:16,080 --> 00:22:20,400 the letter circles, they are usually in the loop 332 00:22:19,039 --> 00:22:24,480 » and they would come in at the same time and then there would be no cost, 333 00:22:22,159 --> 00:22:28,080 » right? And in this case, because it's not in their jurisdictions, it's in 334 00:22:26,400 --> 00:22:31,760 Valley's fiber jurisdiction. They have not been aware of this the whole time. 335 00:22:29,760 --> 00:22:36,240 » I haven't read anywhere in here where it says it's Valley Fibers jurisdiction. 336 00:22:33,679 --> 00:22:41,600 » That would be that's not uh that that's you guys. No, NTS and Bell may have that 337 00:22:39,679 --> 00:22:45,120 kind of agreement. We don't have that as a we don't have a jurisdiction from 338 00:22:43,600 --> 00:22:47,280 Valley Fiber. We have a plan for development. It's not a jurisdiction 339 00:22:47,039 --> 00:22:48,960 thing. >> Yeah. 340 00:22:47,679 --> 00:22:51,280 » They can go anywhere they want. >> Yeah. 341 00:22:49,280 --> 00:22:55,039 » Yeah. So jurisdiction is maybe not the right word. So they would have put it in 342 00:22:53,440 --> 00:22:58,000 for >> had they done 343 00:22:56,240 --> 00:23:01,280 » had they been >> well had lies on a dude. 344 00:23:00,000 --> 00:23:03,919 » Well, I'm not sure that's what they're saying in their correspondence though. 345 00:23:02,799 --> 00:23:07,840 » That's not what they're saying. >> Yeah. 346 00:23:04,880 --> 00:23:11,760 » 21. This was the response from Bell when they reviewed the application for 347 00:23:09,360 --> 00:23:16,400 subdivision. They required easements from the subdivision 348 00:23:13,600 --> 00:23:21,200 um and and so on. So they were included in the communication at the onset of 349 00:23:18,080 --> 00:23:25,039 this. something changed in between 2021 and 2026 that caused them to rethink 350 00:23:23,440 --> 00:23:28,240 their position and then send communication directly to the developers 351 00:23:26,720 --> 00:23:35,280 saying that they would only do it with a cost sharing. 352 00:23:31,360 --> 00:23:39,440 » That's a policy change. >> It's funny that the RMS never received 353 00:23:37,120 --> 00:23:42,640 those policy changes like so that we can act accordingly, right? 354 00:23:41,200 --> 00:23:46,640 » Unless they just include it with each review of new subdivision applications. 355 00:23:44,559 --> 00:23:48,960 But this is being retroactive, right? So a developer brought this to our 356 00:23:47,840 --> 00:23:52,400 attention. That's the first that we heard about it. 357 00:23:49,919 --> 00:23:56,480 » Yes. So maybe we should get on these guys. 358 00:23:54,400 --> 00:24:04,320 » These been agreements come when you like register your your like mileers or 359 00:23:59,440 --> 00:24:08,960 whatever like that legal document that when you register your subdivision you 360 00:24:05,919 --> 00:24:14,480 have with your lawyer with hydro and MTS like for all the utilities. So like it 361 00:24:11,120 --> 00:24:18,720 should have they should have had >> Yep. And then here the responsibility 362 00:24:16,559 --> 00:24:23,760 for contacting them is the developers when the lines go in which I believe is 363 00:24:20,960 --> 00:24:27,919 what happened here and that's when um they were informed that 364 00:24:26,559 --> 00:24:33,440 it's only with cost sharing that the lines would get put in. 365 00:24:30,480 --> 00:24:36,960 » Looks like Belle kind of said they're not doing it because it's too 366 00:24:34,799 --> 00:24:41,039 competitive now. But then that that's not us. Well, what kind of right do we 367 00:24:39,360 --> 00:24:45,919 have to go back to bal and say, "Well, no, this was an agreement back in 2026." 368 00:24:44,400 --> 00:24:47,679 » Well, that would guess that would be the developer that would have to go back 369 00:24:47,039 --> 00:24:52,799 onto them. >> Yeah, that's not our job. 370 00:24:51,200 --> 00:24:54,960 » We just need to know what their policy is. 371 00:24:53,039 --> 00:24:57,760 » Went to MDS and trying to get it done for 372 00:24:56,640 --> 00:25:01,039 them for a long time >> and it's not gonna happen. 373 00:24:59,679 --> 00:25:03,840 » No, >> I would move that we approve the 374 00:25:03,279 --> 00:25:05,279 request. >> I would support it. 375 00:25:04,880 --> 00:25:12,960 » Yeah. >> Okay. So we got a mover. Do we have it? 376 00:25:08,880 --> 00:25:16,000 Great. So as I moved it second any more discussion 377 00:25:14,480 --> 00:25:19,279 everybody's in favor >> and that's with the conditions that 378 00:25:18,240 --> 00:25:20,799 » that's right. >> Yeah. 379 00:25:19,679 --> 00:25:25,679 » Yeah. >> Then it's carried caveat. 380 00:25:24,640 --> 00:25:29,039 » We got we got >> be here and help us. 381 00:25:27,279 --> 00:25:31,600 » Sorry. We have to get some clarity from MTS. 382 00:25:29,760 --> 00:25:33,840 » Well no moving forward we >> moving forward now we know that there's 383 00:25:33,200 --> 00:25:38,000 a challenge now. >> Yeah. But now we've set a press once 384 00:25:35,919 --> 00:25:43,600 once again though we still need clarity in from them. Yeah. Wow. Because we 385 00:25:40,960 --> 00:25:47,120 can't just assumption I believe I believe 386 00:25:45,520 --> 00:25:50,720 » what would have been start today. Yes. But there's no other one now. So 387 00:25:48,640 --> 00:25:55,679 » I I believe there's a policy change based on their email chain. But at the 388 00:25:53,520 --> 00:25:58,400 same time we need to know from them so that we going forward we can make those 389 00:25:57,760 --> 00:26:00,240 changes. >> Right. 390 00:25:58,799 --> 00:26:03,600 » And I don't think it's necessarily sent to president. And I think it just it's 391 00:26:01,520 --> 00:26:05,600 he's caught like in a weird situation just like we've had before. Now we just 392 00:26:04,960 --> 00:26:07,360 have to catch up to >> Well, that's true. 393 00:26:06,159 --> 00:26:11,679 » We can review our templates and our municipal standards as well. So 394 00:26:09,039 --> 00:26:13,760 » yeah, now that we know. Absolutely. >> There you go. 395 00:26:13,440 --> 00:26:16,960 » So >> you're off the hook. Yeah. 396 00:26:15,279 --> 00:26:20,000 » Good for you. >> Yeah. But I guess 397 00:26:17,919 --> 00:26:24,400 » you understand recommend that any new property owners understand that. Again, 398 00:26:22,880 --> 00:26:27,520 not everybody not everybody reads the development agreements just because 399 00:26:25,919 --> 00:26:32,000 we've now we've changed it and it would reflect differently. It would be 400 00:26:29,600 --> 00:26:35,200 probably prudent to let people know there is no MTS line there 401 00:26:33,600 --> 00:26:38,240 » before they buy the land. Absolutely. >> Yeah. It just be the prudent thing to 402 00:26:36,799 --> 00:26:41,600 do. >> Good. 403 00:26:39,760 --> 00:26:46,400 Thank you everyone. Then we're going to move to consent agenda. 404 00:26:44,640 --> 00:26:49,279 » No, there's another development agreement. 405 00:26:46,799 --> 00:26:53,600 » Development agreement. I move that we sign the development agreement. 406 00:26:51,279 --> 00:26:57,679 » I can second. >> There we go. Move by Sai. Second by 407 00:26:55,600 --> 00:27:01,039 Nando. Any question? Is there something in there about MTS? 408 00:26:58,960 --> 00:27:07,600 » Yeah, that's an agreement subdivision 4175269243 409 00:27:03,679 --> 00:27:12,799 for grant ADLE. Um and that again is um one of the the conditions of approval 410 00:27:10,080 --> 00:27:18,960 being satisfied. >> Great. Good. Everybody's in favor. Then 411 00:27:15,919 --> 00:27:21,919 one carries do. Good. Thank you. Then consent agenda. 412 00:27:20,000 --> 00:27:27,360 » I can move consent agenda. >> I'm move consent agenda. Angle second. 413 00:27:25,600 --> 00:27:33,799 Is there any part of that that uh someone want to 414 00:27:30,240 --> 00:27:33,799 talk about or 415 00:27:36,559 --> 00:27:43,000 » I don't know. >> Yeah. Then uh everybody's on favor 416 00:27:43,520 --> 00:27:52,799 then it's good. It's just no question then I guess uh we're going to move in 417 00:27:49,600 --> 00:28:00,360 camera. We got half hour moves angle second going to 418 00:27:57,360 --> 00:28:00,360 camera 419 00:28:11,760 --> 00:28:19,840 go into public hearing and angle 420 00:28:18,480 --> 00:28:27,679 » did you want to introduce >> I'll introduce the table we got word one 421 00:28:23,760 --> 00:28:31,000 word two Wasco Go to word three. Uh what is it again? 422 00:28:31,919 --> 00:28:35,519 » I read [laughter] 423 00:28:35,919 --> 00:28:47,254 words. >> Four. Okay. Angle five and six. There's 424 00:28:44,480 --> 00:28:49,274 a joke that people some people know. [laughter] 425 00:28:49,600 --> 00:28:55,600 » There are two hearings scheduled for this meeting. uh one is conditional use 426 00:28:53,679 --> 00:29:00,240 14-26 and the other is conditional use 17-26. 427 00:28:58,559 --> 00:29:04,320 All requirements of the planning act for the scheduled hearings have been adhered 428 00:29:02,000 --> 00:29:07,840 to. Notices were distributed to the applicants and to the surrounding 429 00:29:05,840 --> 00:29:12,640 affected property owners as well as posted in the municipal office. 430 00:29:10,640 --> 00:29:16,480 The procedures for the hearing are hearings are as follows. For each 431 00:29:15,120 --> 00:29:19,200 hearing, we will first hear from the applicant, then from anyone who would 432 00:29:18,000 --> 00:29:22,480 like to speak in support of the application, followed by anyone who 433 00:29:20,880 --> 00:29:26,399 would like to speak in opposition of the application. Every speaker who would 434 00:29:24,720 --> 00:29:30,880 like to make a presentation or ask questions regarding the proposal must 435 00:29:28,640 --> 00:29:35,679 first register. Okay, that's irrelevant. You guys are the applicants. Um, every 436 00:29:34,000 --> 00:29:39,200 speaker present in the council chambers is requested to please move forward to 437 00:29:37,520 --> 00:29:43,679 the delegation table, identify themselves, where they reside, and 438 00:29:41,039 --> 00:29:48,240 proceed to make their presentation. All questions must be directed through the 439 00:29:45,440 --> 00:29:52,880 chair of the meeting. Um, council has a right to ask questions for clarification 440 00:29:50,000 --> 00:29:59,919 of the presenters through the chair and I guess I think the rest is good. So the 441 00:29:57,679 --> 00:30:07,760 first hearing that we have on the agenda is 14 is variation order 14-26. 442 00:30:04,960 --> 00:30:13,880 David Banman vary the following bulk requirements as a condition of 443 00:30:09,840 --> 00:30:13,880 subdivision file 4175-22-8752. 444 00:30:17,120 --> 00:30:29,120 Um proposed is minimum westside requirement from 25 ft to approximately 445 00:30:24,559 --> 00:30:34,399 13 ft for existing deck and minimum west side requirement from 25 ft to 446 00:30:31,279 --> 00:30:40,960 approximately 9.9 ft for the existing shed at 31086 road 43 North in an area 447 00:30:39,039 --> 00:30:46,320 zoned agriculture. Uh I don't believe the applicant for 448 00:30:43,279 --> 00:30:49,600 this one is here. We didn't receive any um 449 00:30:48,320 --> 00:30:54,240 » respondents, nothing. >> No submissions at all. So 450 00:30:52,080 --> 00:30:58,720 » So I have Randy and Brad having moved and seconded to go into that hearing. 451 00:30:56,880 --> 00:31:00,159 » I'll move that we close this hearing then. 452 00:30:59,279 --> 00:31:07,039 » Second. >> Moved by Sarai, second by Namo. All in 453 00:31:03,360 --> 00:31:14,200 favor carried and then we'll move on to the second one. I'll second move. Second 454 00:31:10,240 --> 00:31:14,200 one. Second by 455 00:31:16,640 --> 00:31:24,720 » this is for conditional use 17-26. Applicant is Dorene Peril. 456 00:31:22,880 --> 00:31:30,720 A public hearing was held on August 12th, 2026 for conditional use 1726, but 457 00:31:28,159 --> 00:31:34,159 an administrative error occurred which could have impacted the outcome of the 458 00:31:32,480 --> 00:31:39,039 hearing. This new hearing was scheduled to ensure all relevant information was 459 00:31:36,240 --> 00:31:44,399 presented to council for consideration to allow for a previously used mobile 460 00:31:41,440 --> 00:31:50,799 home on site and to allow a detached secondary suite at 174 Pro Boulevard in 461 00:31:48,399 --> 00:31:55,120 an area zoned rural residential. First, we will hear from the applicant. Please 462 00:31:52,960 --> 00:32:03,279 come to the table. >> We hear everybody else discuss first or 463 00:31:57,760 --> 00:32:08,000 no? No, we'll hear your concern and then we'll 464 00:32:04,559 --> 00:32:15,279 » David Parin from 900 John Bruce Road East Winnipeg currently. Um, first I'd 465 00:32:10,960 --> 00:32:19,279 like to ask if this is a meeting, are we going over the entire conditional use 466 00:32:17,519 --> 00:32:21,760 application again or just the conditions that are on the conditional use 467 00:32:20,720 --> 00:32:25,519 application that's already been approved? 468 00:32:22,960 --> 00:32:29,840 The only concern we have if there is a concern or what is the condition that 469 00:32:26,960 --> 00:32:35,279 you're not agree you express why you don't agree and press what is your 470 00:32:33,200 --> 00:32:40,799 » this really is a fresh hearing. Yeah. >> So yes the approval that you received we 471 00:32:38,159 --> 00:32:45,200 we re revoked that last meeting so that we can have a new hearing. So you're 472 00:32:42,720 --> 00:32:47,600 hoping to have changes to what we approve. 473 00:32:46,159 --> 00:32:49,600 » Those are the one you wanted to discuss about 474 00:32:48,159 --> 00:32:52,640 » like anything that you didn't like on the approval. 475 00:32:50,799 --> 00:32:57,600 » Yeah. So, I didn't like certain things out of the conditions on the conditional 476 00:32:54,480 --> 00:33:03,919 use acceptance, but um first, just for the record, how how is it possible that 477 00:33:00,720 --> 00:33:08,320 the entire conditional use application was um you know, if it's already been 478 00:33:06,399 --> 00:33:12,320 approved, how is it no longer approved? just just for 479 00:33:09,679 --> 00:33:15,679 » in order to have a new meeting that you requested, we had to I can't remember 480 00:33:14,799 --> 00:33:19,600 the exact term, but >> we had to review uh reverse and rescend 481 00:33:18,960 --> 00:33:25,279 » resend >> a the resolution. 482 00:33:21,279 --> 00:33:30,760 » Yeah. Okay. Great. So um the previous meeting 483 00:33:26,799 --> 00:33:30,760 so I'll just start by saying 484 00:33:32,000 --> 00:33:35,000 right 485 00:33:35,679 --> 00:33:41,120 I'm speaking on behalf of my mother Darin Parin the registered owner and 486 00:33:39,679 --> 00:33:48,399 applicant of conditional use number 17-26 at 174 P Boulevard boulevard um I 487 00:33:46,159 --> 00:33:52,480 am asking council to remove conditions two and three and retain conditions six 488 00:33:51,200 --> 00:33:57,360 unchanged Um, my concern is that the costly new 489 00:33:55,200 --> 00:34:03,120 well requirement was discussed using the incorrupt belief that no shared well 490 00:33:59,840 --> 00:34:06,080 agreement existed. During the August 12th meeting, the 491 00:34:04,720 --> 00:34:09,679 display transcript records the neighbor's letter stating, quote, "There 492 00:34:08,159 --> 00:34:13,040 is no formal well agreement and the property owner has not agreed to 493 00:34:11,119 --> 00:34:17,040 contribute financially for regular use or maintenance of the well." The 494 00:34:15,200 --> 00:34:21,359 statement that there is no formal well agreement is incorrect. There is a well 495 00:34:19,520 --> 00:34:27,119 a written well agreement dated September 29, 1990 protected by caveat number 496 00:34:24,720 --> 00:34:31,200 13527631. It provides for using the well in common 497 00:34:29,599 --> 00:34:35,520 addresses rights concerning the well and pipes and includes successors and 498 00:34:32,560 --> 00:34:39,359 assignees. Um section 76 subsection 4 of the real 499 00:34:37,679 --> 00:34:43,040 property act provides that the easement rights and related covenants it 500 00:34:40,960 --> 00:34:46,000 describes run with the land. This means the relevant rights and obligations 501 00:34:44,560 --> 00:34:51,359 continue with the affected properties when ownership changes. 502 00:34:48,879 --> 00:34:54,639 Applying for a secondary suit suit does not by itself cancel those rights. Their 503 00:34:53,280 --> 00:34:58,640 scope depends on the agreement and relevant circumstances running with the 504 00:34:56,159 --> 00:35:01,280 land does not authorize unlimited use. But an additional dwelling does not 505 00:35:00,160 --> 00:35:04,480 automatically make the agreement disappear either. If council believes 506 00:35:03,229 --> 00:35:08,079 [clears throat] the proposed connection falls outside the agreement, please 507 00:35:06,079 --> 00:35:11,920 identify the wording, facts, and legal basis for that interpretation. A 508 00:35:10,320 --> 00:35:17,040 disagreement about what an agreement permits is not proof that no agreement 509 00:35:13,599 --> 00:35:20,720 exists. Um, cond condition two requires the necessary well and driveway 510 00:35:18,800 --> 00:35:25,119 agreement to be in place. It does not expressly require new agreements. I'm 511 00:35:23,040 --> 00:35:29,599 asking council to recognize our existing documents and remove that condition as 512 00:35:27,119 --> 00:35:34,160 unnecessary. If council considers them insufficient, please identify exactly 513 00:35:31,920 --> 00:35:38,560 what is missing. Um, the allegations from the neighbor 514 00:35:36,720 --> 00:35:42,079 about financial contributions is a separate issue. Any enforceable cost 515 00:35:40,240 --> 00:35:45,520 sharing obligation remains applicable, but a disputed payment allegation does 516 00:35:43,839 --> 00:35:48,960 not by itself establish that a new well is necessary. If council believes a 517 00:35:47,440 --> 00:35:53,440 maintenance or funding problem threatens reliable water service, that concern 518 00:35:51,040 --> 00:35:57,599 should be supported by evidence. There is also existing infrastructure to 519 00:35:55,280 --> 00:36:02,079 consider. The property survey shows the pro the proposed new mobile home. I 520 00:36:00,320 --> 00:36:06,800 intend to connect it to the existing wellpipe and previously served that 521 00:36:04,560 --> 00:36:10,079 previously served the old mobile home. that pipe has remained in place and 522 00:36:08,720 --> 00:36:14,160 continued to be used since it was disconnected from the previous mobile 523 00:36:11,599 --> 00:36:18,800 home. The proposed connection remains subject to the new agreement and 524 00:36:15,599 --> 00:36:21,839 applicable requirements. The meeting transcript shows why 525 00:36:20,400 --> 00:36:25,280 correcting the misunderstanding about our agreement matters. At approximately 526 00:36:23,359 --> 00:36:28,960 1 hour 4 minutes, 18 seconds into the YouTube recording of the previous 527 00:36:26,800 --> 00:36:32,560 meeting, a participant began a statement that included there's no shared well 528 00:36:30,560 --> 00:36:36,000 agreement. At approximately 1 hour, 4 minutes and 57 seconds, the discussion 529 00:36:34,320 --> 00:36:39,920 included, "Yeah, right. We could require that." Then later, at approximately 1 530 00:36:38,079 --> 00:36:44,079 hour, 11 minutes, and 33 seconds, a participant said, "We can require them 531 00:36:41,839 --> 00:36:47,680 to put a well in." 3 seconds later, that was followed by, "I think that would 532 00:36:45,359 --> 00:36:51,040 satisfy that complaint." These remarks connect the proposed new well 533 00:36:49,119 --> 00:36:54,960 requirement to satisfying the complaint, while the discussion also included an 534 00:36:53,040 --> 00:36:59,440 incorrect understanding of our existing agreement. Section 106 subsection 2 535 00:36:57,760 --> 00:37:04,079 clause A of the planning act allows council to quote impose any condition on 536 00:37:02,079 --> 00:37:08,240 the approval that it considers necessary to meet the requirements of clause 1B. 537 00:37:06,400 --> 00:37:11,599 Those requirements concern compatibility with the surrounding area, health and 538 00:37:10,000 --> 00:37:15,200 welfare effects on surrounding properties, and consistency with 539 00:37:13,280 --> 00:37:19,599 applicable planning bylaws. The planning act section 106 540 00:37:17,359 --> 00:37:23,280 council can address legit legitimate planning concerns raised by neighbors, 541 00:37:21,440 --> 00:37:27,200 but it satisfying the neighbor is the only reason for requiring a new well. 542 00:37:25,200 --> 00:37:30,880 Coun council cannot lawfully use condition 3 for that purpose. The 543 00:37:29,040 --> 00:37:35,119 complaint must be assessed on its facts saying a new well would satisfy it does 544 00:37:32,960 --> 00:37:38,800 not establish why that particular con condition is necessary. Manitoba's 545 00:37:37,119 --> 00:37:42,400 shared well guidance recognizes residential systems with two to four 546 00:37:40,480 --> 00:37:46,800 services connections. Three homes sharing one well is not automatically 547 00:37:44,000 --> 00:37:52,560 prohibited. Manitoba Manitoba's shared well guidance um and I got it quoted 548 00:37:49,040 --> 00:37:56,240 here. Um, and then so condition six already requires that the applicant is 549 00:37:54,560 --> 00:37:59,680 responsible for being in full compliance with the requirements of federal, 550 00:37:57,920 --> 00:38:02,800 provincial, and municipal authorities at all time, including obtaining any 551 00:38:01,119 --> 00:38:08,640 required approvals and permits and achieving building code compliance. 552 00:38:06,079 --> 00:38:12,079 So, we already remain subject to those requirements. 553 00:38:10,320 --> 00:38:16,400 During the septic discussion, at approximately 1 hour, 10 minutes, and 6 554 00:38:14,079 --> 00:38:21,040 seconds, the display transcript records. That's right. that that's that has 555 00:38:19,200 --> 00:38:26,720 nothing to do with us. That's the province that regulates that. So I rec I 556 00:38:24,160 --> 00:38:30,160 recognize that provincial regulation municipal planning authority can operate 557 00:38:28,400 --> 00:38:33,440 together. However, condition 3 requires a new well regardless of whether the 558 00:38:31,920 --> 00:38:37,599 existing shared system could meet the applicable requirements. The parts of 559 00:38:35,680 --> 00:38:41,200 the transcript I am referring to do not identify a failed capacity test, an 560 00:38:39,200 --> 00:38:44,400 unsafe water result, or a direction from the office of drinking water requiring a 561 00:38:42,960 --> 00:38:48,800 new well. If council has other supporting evidence, please identify it 562 00:38:46,320 --> 00:38:51,599 so we can respond. After considering the actual agreement and existing 563 00:38:50,000 --> 00:38:54,720 infrastructure, what specific planning concerns make a separate well necessary 564 00:38:53,440 --> 00:38:58,800 and why would condition six be insufficient to address it? That is the 565 00:38:57,280 --> 00:39:03,119 explanation I'm asking council to provide before maintaining this 566 00:39:00,960 --> 00:39:06,480 substantial expense. So, please reconsider this the condition using the 567 00:39:04,960 --> 00:39:10,079 correct facts. Remove condition two and three and retain condition six 568 00:39:07,680 --> 00:39:15,200 unchanged. Um, and then to top it off, I also have a text with the neighbor, uh, 569 00:39:12,720 --> 00:39:20,560 Aaron from last night that said, "My meeting I I had texted him. I said, "My 570 00:39:18,320 --> 00:39:23,760 meeting with council was tomorrow. I was hoping to check in about what we 571 00:39:21,920 --> 00:39:27,440 discussed after August 12th. Are you happy with our arrangement regarding the 572 00:39:25,200 --> 00:39:31,599 driveway and shared well, and are you okay with us connecting the new mobile 573 00:39:28,960 --> 00:39:35,280 home to the existing well system, too? I was hoping to ask you in person tonight, 574 00:39:33,520 --> 00:39:39,760 but I'd appreciate hearing where you're at before tomorrow's meeting." Aaron 575 00:39:37,599 --> 00:39:44,880 says, "Yeah, we have no problem with it as long as you help out if needed." 576 00:39:41,520 --> 00:39:49,119 Karen changed what your mom wanted us to change and we sent that in. So hopefully 577 00:39:46,800 --> 00:39:52,880 all is good now. Let's try and get together next week or something. Let me 578 00:39:50,960 --> 00:39:59,292 know how tomorrow goes, man. And I said, I Okay, I appreciate it. Thank you. 579 00:39:57,680 --> 00:40:01,359 » Okay. [clears throat] 580 00:40:00,400 --> 00:40:05,839 » Oh, go ahead. You >> got a question? Well, I was just saying 581 00:40:04,160 --> 00:40:08,960 so there was there was an existing second dwelling on that place at one 582 00:40:07,680 --> 00:40:13,680 time, just one, right? >> The original mobile home. 583 00:40:10,480 --> 00:40:17,599 » And so so you the reason I think >> you're you were changing the usage of 584 00:40:16,000 --> 00:40:21,200 that well, right? >> Because you you already had a well 585 00:40:19,440 --> 00:40:24,800 agreement with one building, but not with the second one. So you were 586 00:40:23,119 --> 00:40:28,640 changing the usage. >> Yeah. And so that's the the Real 587 00:40:26,880 --> 00:40:33,760 Property Act. The well agreement runs with the land, not the individual 588 00:40:30,400 --> 00:40:37,000 building. Right. But the well agreement go ahead. 589 00:40:39,280 --> 00:40:46,640 » But there was that's that's that was my question. So at one 590 00:40:44,240 --> 00:40:49,920 » trailer is going to go exactly where the trailer was because 591 00:40:48,720 --> 00:40:53,520 everything still >> So there was two dwellings on that house 592 00:40:52,079 --> 00:40:58,560 on that property at one time. >> Ever one residence on the property that 593 00:40:56,560 --> 00:41:01,920 was permitted at a time. >> Okay. So the mobile home was 594 00:41:00,720 --> 00:41:04,319 decommissioned when the house was finished. 595 00:41:02,319 --> 00:41:08,560 » That is correct. So it's always a single family property. Now they're asking 596 00:41:06,560 --> 00:41:11,599 permission from council to have a two family prop like two residences on one. 597 00:41:10,800 --> 00:41:14,640 » So I don't we >> How old is the well? What's the 598 00:41:12,880 --> 00:41:19,760 condition of the well? What's the condition of the pump? Have you ever 599 00:41:16,800 --> 00:41:24,079 contributed to the hydro for the pump? >> Um so that that matter would be like a 600 00:41:21,680 --> 00:41:26,240 private matter that's outside of this agreement. 601 00:41:24,960 --> 00:41:29,119 » That's outside of this room. >> It's between them. 602 00:41:27,119 --> 00:41:31,280 » That's between us. Yeah. And it was your neighbor that raised the 603 00:41:30,800 --> 00:41:36,319 concern >> and it's but if you look the neighbor 604 00:41:34,160 --> 00:41:40,240 rescended their comments >> got something already prior to the 605 00:41:38,480 --> 00:41:44,000 meeting >> he didn't 606 00:41:41,920 --> 00:41:45,359 » sure he says >> okay 607 00:41:44,240 --> 00:41:48,160 » he said uh >> have a second email she said 608 00:41:46,560 --> 00:41:51,119 » the correspondence from Corin Barley that's right 609 00:41:48,880 --> 00:41:52,960 » when when he's done I will read it but >> sure 610 00:41:51,520 --> 00:41:54,880 » wanted both read >> okay 611 00:41:53,839 --> 00:41:58,880 » both so >> we were first looking at that there was 612 00:41:56,400 --> 00:42:01,839 no well agreement that we had seen Let's see here. 613 00:42:00,000 --> 00:42:05,280 » Right. But it's been provided now. Now it's been provided. Yeah. 614 00:42:02,880 --> 00:42:06,800 » What we'll do is you're done for now. >> Well, we'll 615 00:42:06,160 --> 00:42:12,400 » Yeah. Right. >> Can we have a copy of that? 616 00:42:10,079 --> 00:42:14,480 » Well, no. No. I don't I like just >> to the office after. 617 00:42:13,599 --> 00:42:17,280 » Yeah. That's not official correspondence. That was sent directly 618 00:42:15,760 --> 00:42:20,160 from the applicants to municipality. That would be considered more hearsay 619 00:42:18,560 --> 00:42:22,160 and I don't feel it would be admissible public hearing. 620 00:42:20,720 --> 00:42:27,119 » Yeah. But they use them in court. Nevertheless, we're going to go to 621 00:42:23,839 --> 00:42:31,040 what's so what we'll do is she's going to tell us read this few letter and then 622 00:42:29,599 --> 00:42:33,680 we'll bring you you could sit down for now we'll bring you back after you 623 00:42:33,119 --> 00:42:35,359 listen >> just sit there I mean 624 00:42:34,400 --> 00:42:38,880 » well you can sit there too >> nobody else here waiting 625 00:42:36,160 --> 00:42:45,520 » yeah yeah nobody you go ahead >> okay uh so this is an email from Corin 626 00:42:43,119 --> 00:42:49,119 Barley we did reach out to her she wanted both emails read so that's what I 627 00:42:48,560 --> 00:42:51,839 will do >> y 628 00:42:49,680 --> 00:42:57,200 » hello please see my letter to council below about this matter. Um, I am 629 00:42:55,599 --> 00:43:01,040 writing to formally oppose the application for an additional dwelling 630 00:42:58,960 --> 00:43:05,599 on the neighboring property. My concerns are based on the following four points. 631 00:43:03,200 --> 00:43:09,680 Shared well and increased water usage. The neighboring property is currently 632 00:43:07,359 --> 00:43:13,920 serviced by a shared well located on my property. There is no formal well 633 00:43:11,839 --> 00:43:18,160 agreement and the property owner has not agreed to contribute financially for 634 00:43:15,680 --> 00:43:22,800 regular use or maintenance of the well. A second dwelling and third building as 635 00:43:20,880 --> 00:43:27,440 there is also a large shop on the property would increase demands on this 636 00:43:25,040 --> 00:43:32,160 shared water source. I do not support extending the existing arrangement to 637 00:43:29,280 --> 00:43:36,560 service an additional household. Two, increased use of the shared driveway. 638 00:43:34,000 --> 00:43:41,760 Our properties are also share a driveway. A second household will would 639 00:43:39,040 --> 00:43:46,400 increase traffic and use of shared access. This creates concerns regarding 640 00:43:44,000 --> 00:43:50,880 maintenance, wear, safety, privacy, and overall impact on my property. 641 00:43:48,800 --> 00:43:55,280 Compatibility with the neighborhood. This is an established lowdensity rural 642 00:43:53,359 --> 00:44:00,079 residential area with properties of approximately 2 acres or more. Adding a 643 00:43:57,839 --> 00:44:04,640 second independently occupied dwelling increases the density of a single 644 00:44:01,839 --> 00:44:09,119 property and in my view is inconsistent with the existing character of the 645 00:44:06,319 --> 00:44:13,680 neighborhood. The existing house is currently being 646 00:44:10,880 --> 00:44:17,520 rented out by tenants, which concerns me that this will be a pattern for the 647 00:44:15,440 --> 00:44:20,480 second dwelling as well. If the property owner would like to reside on the 648 00:44:19,040 --> 00:44:25,200 property, there is no need for an additional dwelling. Four, precedent and 649 00:44:23,440 --> 00:44:29,839 future development. Approval could encourage similar applications on other 650 00:44:27,680 --> 00:44:34,240 properties in the area. If additional dwellings become common on existing 651 00:44:32,400 --> 00:44:37,920 2-acre lots, the character and density of the neighborhood could change 652 00:44:35,599 --> 00:44:42,240 significantly without subdivision or corresponding infrastructure planning. 653 00:44:40,319 --> 00:44:46,960 This would have serious implications for roadways and infrastructure funded by RM 654 00:44:44,720 --> 00:44:50,640 tax dollars. For these reasons, I respectfully request that council deny 655 00:44:48,800 --> 00:44:55,680 the application in order to maintain the low density neighborhood expected by 656 00:44:53,200 --> 00:45:01,200 Lacule residents. Thank you for my for considering my concerns, Corin and Aaron 657 00:44:58,240 --> 00:45:08,800 Barley. That is the first email and this was the followup. 658 00:45:03,760 --> 00:45:12,319 Um, this came after the public hearing for point two. I would like to clarify a 659 00:45:10,800 --> 00:45:17,200 statement from a letter I previously submitted to council. There are legal 660 00:45:14,400 --> 00:45:21,359 caveats registered on land titles relating to both the shared driveway and 661 00:45:19,040 --> 00:45:25,440 the and the well. What I should have been more clearly stated is that there 662 00:45:23,200 --> 00:45:29,680 have has not been a separate verbal, written or written agreement between the 663 00:45:27,920 --> 00:45:34,319 parties regarding how the terms of the well agreement are to be applied in 664 00:45:31,680 --> 00:45:39,760 practice. Specifically with respect to financial contribution from 174 PRU for 665 00:45:37,520 --> 00:45:43,680 regular regular use of the well and associated maintenance costs as 666 00:45:42,000 --> 00:45:47,680 contemplated in registered well agreement. We will refresh this 667 00:45:45,599 --> 00:45:51,839 discussion with David Parent in hopes of coming to an agreement. My apologies for 668 00:45:49,920 --> 00:45:55,920 any confusion caused by my earlier wording. Copies of the registered caveat 669 00:45:54,240 --> 00:45:58,960 can be obtained through Manitoba land titles. 670 00:45:58,400 --> 00:46:03,760 Um >> you um just read the email from Janice 671 00:46:02,640 --> 00:46:09,200 as well first. >> Yes. So as for the information which is 672 00:46:07,040 --> 00:46:15,359 from the water office of the water drinking water um the existing shared 673 00:46:12,720 --> 00:46:20,480 well agreement cannot be simply assumed adequate. One of the key things here is 674 00:46:18,240 --> 00:46:23,920 it considered a semi-public it is considered a semi-public water system 675 00:46:22,400 --> 00:46:28,000 because it services more than one residential connection. Even though it 676 00:46:26,000 --> 00:46:33,200 services four or fewer residential connections, it would need review as the 677 00:46:31,040 --> 00:46:38,160 old shared well agreement and well record does not demonstrate that the 678 00:46:35,280 --> 00:46:43,359 well can be reliably accommodate additional demand because of the age and 679 00:46:41,280 --> 00:46:47,359 proposed use. It would be up to the owners to show that the registered 680 00:46:45,040 --> 00:46:51,920 caveat shared well agreement site plan available well records and contact 681 00:46:49,680 --> 00:46:56,000 information for the water system owner before providing further direction as 682 00:46:53,839 --> 00:47:02,960 adding a secondary suite would need review. Essentially the caveat by itself 683 00:46:58,800 --> 00:47:05,960 does not establish adequate servicing. Okay, 684 00:47:07,280 --> 00:47:15,920 » that's what I received from the >> We also had comments. 685 00:47:13,920 --> 00:47:19,760 » And can I also add something? Hold on. >> So, just before for the public comments, 686 00:47:18,079 --> 00:47:22,319 we also had the operations manager and the richer fire chief who expressed no 687 00:47:21,440 --> 00:47:25,200 concerns. >> Um, so that was relayed in the first 688 00:47:23,599 --> 00:47:31,000 public hearing, but I I feel should also be 689 00:47:25,920 --> 00:47:31,000 » No, it's in here in the same 690 00:47:31,599 --> 00:47:38,240 » Go ahead. Okay, Dave. >> Um, I also the so if that letter was 691 00:47:36,079 --> 00:47:42,800 from the province, um, I would like to think that the email from Janice to the 692 00:47:40,720 --> 00:47:47,040 province did not mention that the infrastructure and piping that I will be 693 00:47:44,560 --> 00:47:51,599 using is current and has already been existed and it is not new infrastructure 694 00:47:49,119 --> 00:47:54,720 because that is relevant to the ODW office of drinking water. 695 00:47:52,800 --> 00:47:58,960 » No, but the mobile home is >> it that that's not their it's the piping 696 00:47:57,040 --> 00:48:03,680 that's already there that they care about. And so that's why I suggest that 697 00:48:00,960 --> 00:48:09,839 we keep condition six that requires me to get all provincial um what however 698 00:48:07,760 --> 00:48:13,359 » that's right. So I would like remove two and three but we can keep six because 699 00:48:11,520 --> 00:48:16,480 that takes care of that matter anyways. >> Okay. 700 00:48:14,000 --> 00:48:21,920 » But okay but what she's talking about is the existing wealth that exists right 701 00:48:18,640 --> 00:48:24,559 now is may or may not be adequate. >> That's right. But that's 702 00:48:22,720 --> 00:48:27,599 » because it's been in there since 19 whatever 74. 703 00:48:27,119 --> 00:48:30,720 » What I'm >> at least 1990. 704 00:48:29,119 --> 00:48:34,559 » What I'm well whenever >> what I'm disputing out of that is that 705 00:48:32,240 --> 00:48:39,440 regulation from the ODW has came into effect after 1990 because that 706 00:48:37,520 --> 00:48:43,760 infrastructure that's already there >> has already been there prior to that new 707 00:48:41,520 --> 00:48:48,079 regulation put in by the ODW. That's why I'm saying let's let matter six 708 00:48:46,880 --> 00:48:52,880 » take care of it. >> Okay. Just clear though that that that 709 00:48:51,040 --> 00:48:56,720 was never two residents. Now you're asking for two residents. 710 00:48:54,480 --> 00:49:03,200 » You may have had in conjunction two residents, but from our perspective that 711 00:49:00,160 --> 00:49:04,640 property has never had two residential buildings on it. 712 00:49:04,240 --> 00:49:07,520 » Yes. >> Right. So let's be clear that that's 713 00:49:06,160 --> 00:49:11,119 it's not the same. >> That's why 714 00:49:08,240 --> 00:49:15,200 » that that's that is this is a different environment. This now puts a second 715 00:49:12,880 --> 00:49:19,040 residential property on it. Again, I'm I'm not disagreeing with you, 716 00:49:16,800 --> 00:49:22,800 but let's be clear. It's not the same. >> I that I understand, but the the 717 00:49:21,119 --> 00:49:27,599 infrastructure has never been removed and it's been continuously in use since 718 00:49:25,760 --> 00:49:31,440 the home itself has been removed, but the infrastructure or the inground water 719 00:49:29,839 --> 00:49:34,880 pipes have never changed and have continued to be in use this entire time 720 00:49:33,760 --> 00:49:37,359 since 1990 >> as as a single family. 721 00:49:36,640 --> 00:49:41,680 » As a single family. >> Yeah. Yeah. So, let's be clear. Yeah. 722 00:49:39,040 --> 00:49:47,489 So, >> any more questions? 723 00:49:45,040 --> 00:49:51,040 No. Is there a way to test [clears throat] the existing like to 724 00:49:49,280 --> 00:49:55,280 have that information to know that the well is sufficient the ODW? 725 00:49:53,520 --> 00:49:57,520 » Yes. Yeah. The province will require that anyway. So we 726 00:49:56,480 --> 00:50:01,280 » which would be number six. >> That's it. 727 00:49:58,720 --> 00:50:04,800 » They have to do an adequate service testing on the well. Yeah. So the 728 00:50:02,800 --> 00:50:07,599 province will send someone to do that and then provide them with the 729 00:50:06,000 --> 00:50:08,400 information if it will be accepted or not. 730 00:50:08,079 --> 00:50:13,680 » Yeah. >> And so and it's not our responsibility 731 00:50:10,640 --> 00:50:17,040 anyway. So it it ask. >> That's right. 732 00:50:15,440 --> 00:50:20,079 » That doesn't matter. >> Yeah. 733 00:50:17,760 --> 00:50:22,640 » Well, they never asked me to. >> Yeah. 734 00:50:22,079 --> 00:50:26,559 » Yeah. Yeah. >> So, that again in her 735 00:50:24,720 --> 00:50:30,000 » once again is a conversation that you have to have with that. 736 00:50:27,680 --> 00:50:35,520 » She should have that with me, not send it to a letter. It's false information. 737 00:50:33,359 --> 00:50:38,559 » So, does the province, sorry, does the province like require this before we 738 00:50:37,200 --> 00:50:40,640 move forward with any even decision? They have to do testing before they can 739 00:50:39,839 --> 00:50:42,720 tap in. >> So the direction I got from them was 740 00:50:42,079 --> 00:50:44,960 that they >> that's out of our hands even. 741 00:50:44,079 --> 00:50:49,760 » Yes. >> But they taking charge of this 742 00:50:47,280 --> 00:50:54,480 possibility of the new development to have provide the proper water and waste 743 00:50:52,400 --> 00:50:56,559 water too. So the province takes care of that 744 00:50:54,800 --> 00:51:00,079 » in order to move forward with you adding your secondary dwelling. You will have 745 00:50:58,480 --> 00:51:03,359 to provide them with that information. Yeah. They will do all their servicing 746 00:51:01,520 --> 00:51:05,440 and testing and then give you a yes or no. 747 00:51:03,760 --> 00:51:07,599 » They would also be looking after the wastewater side of things. Then we'd 748 00:51:06,800 --> 00:51:10,800 have to approve it. >> Yeah. Right. 749 00:51:08,319 --> 00:51:15,520 » So it would suggest that we put this uh not not adjourned but uh 750 00:51:13,119 --> 00:51:18,960 » well we can think 751 00:51:16,800 --> 00:51:21,920 » and have that condition that they have to meet that 752 00:51:20,559 --> 00:51:24,160 » requirement for the well testing >> like yeah 753 00:51:22,720 --> 00:51:28,720 » all provincial requirements is what those generally agreement says all all 754 00:51:26,960 --> 00:51:32,640 requirements which includes the septical requirement. I'm just a little bit 755 00:51:30,480 --> 00:51:36,079 concerned uh in the general scope of things, not very specifically you, but 756 00:51:34,240 --> 00:51:41,280 we have to think big picture is that there are the issue of two agreements, a 757 00:51:38,960 --> 00:51:46,079 driveway agreement and a shared well agreement that need to be in I would 758 00:51:43,040 --> 00:51:52,720 assume good order and I'm not sure they are right. And that's my concern is that 759 00:51:48,960 --> 00:51:56,960 to prove this like I that's not >> well but the shared driveway agreement 760 00:51:54,960 --> 00:52:00,480 » but this is not our responsibility. It's it's a legal legal between the two. 761 00:51:59,200 --> 00:52:03,680 » That's a similar matter. >> Well, we require them 762 00:52:02,400 --> 00:52:06,960 » and so does lawyers. >> Yeah. 763 00:52:05,359 --> 00:52:11,720 » Yeah. We require them for >> I'm not I don't think that would be a 764 00:52:12,319 --> 00:52:19,680 » Yeah. >> I think overall we were somewhat misled 765 00:52:16,880 --> 00:52:23,040 that there was no shared >> agreements which they both existed. So I 766 00:52:21,599 --> 00:52:27,599 don't think we would have gone up to where we've been 767 00:52:25,119 --> 00:52:33,839 » if if we didn't have that misleading information. That's my take on it. But 768 00:52:30,319 --> 00:52:37,280 » so and and and by good faith in regard to knowing that you 769 00:52:35,839 --> 00:52:42,160 couldn't assess the first meeting and so on. We're doing that today. It's just to 770 00:52:39,599 --> 00:52:47,280 listen to the information that we didn't have first meeting. No question about 771 00:52:45,359 --> 00:52:52,559 that. I think we got a lot of clarity today that helps us to revisit the the 772 00:52:50,480 --> 00:52:56,000 decision. So if there is a no more question in 773 00:52:54,880 --> 00:52:59,440 regard to all these >> well I think because it's a new 774 00:52:57,760 --> 00:53:02,000 » well secondary dwelling. >> Okay. 775 00:53:00,079 --> 00:53:06,400 » Um and there is a shared will agreement that there's obviously laps and there is 776 00:53:04,160 --> 00:53:10,000 no proper agreement that we could request that an agreement be in place. 777 00:53:08,160 --> 00:53:14,079 » We but there's there is a proper agreement though. Yeah. It hasn't lap. 778 00:53:11,839 --> 00:53:16,720 Oh, no. Well, this Sorry, maybe that was the wrong 779 00:53:14,880 --> 00:53:19,720 » way to put it that >> um 780 00:53:20,559 --> 00:53:27,520 it hasn't been properly um 781 00:53:24,720 --> 00:53:31,760 » well, I think I think what what needs to happen now, our hands are tied. They 782 00:53:29,599 --> 00:53:34,079 need to satisfy six whatever the thing is with the province that they have to 783 00:53:32,800 --> 00:53:37,200 go get the testing done before we can even make a decision. 784 00:53:35,119 --> 00:53:39,839 » No, we can make a decision. We can make >> But we can make a decision with that 785 00:53:38,480 --> 00:53:41,520 condition because they have that information. 786 00:53:40,319 --> 00:53:48,559 » We make a decision. Yes, >> based on that condition that that's fair 787 00:53:43,599 --> 00:53:52,000 enough that not our not us. >> I think it it relieves us from 788 00:53:50,480 --> 00:53:56,000 responsibility in regard to make a decision of how we want them to handle 789 00:53:54,000 --> 00:53:58,160 the wealth because the province making that decision 790 00:53:57,040 --> 00:54:02,000 » 100%. That's >> but one of the complaints was that 791 00:54:00,960 --> 00:54:05,680 » regardless. >> Yeah. One of the complaints we had was 792 00:54:03,920 --> 00:54:09,599 that there was no payments or >> cost 793 00:54:07,760 --> 00:54:11,680 between we look at everybody's complaints too. 794 00:54:11,359 --> 00:54:15,200 » Yeah. >> Right. We look at lighting. 795 00:54:12,880 --> 00:54:20,760 » What's the cost of running a pump? A well pump 796 00:54:17,760 --> 00:54:20,760 25 797 00:54:21,440 --> 00:54:27,599 replace a pump. >> No, replacing the pump is different. 798 00:54:25,119 --> 00:54:32,800 » We're talking about going cost >> electricity every month. 799 00:54:31,359 --> 00:54:34,319 Sorry guys. tower. >> Yeah, it does. 800 00:54:33,760 --> 00:54:37,040 » Sorry guys. >> The entire drive from my 801 00:54:35,680 --> 00:54:40,559 » That's the thing. I think that's one of the condition for you not having a cost 802 00:54:38,960 --> 00:54:44,240 in the world in regards to have them using clean driveway. 803 00:54:43,119 --> 00:54:47,760 » Yeah. >> Yeah. You see that on a map? 804 00:54:47,359 --> 00:54:50,880 » Like >> the part that branches off, 805 00:54:49,200 --> 00:54:57,359 » right? >> So to me, if she would to me ever Yeah. 806 00:54:54,880 --> 00:55:00,800 Well, that's this is what I'm doing. >> Yeah. Yeah. And and that's why it is 807 00:54:59,040 --> 00:55:05,359 » new and shared by way and 808 00:55:03,119 --> 00:55:08,319 » if you look at both of them they've been in place for the same date for the same 809 00:55:07,599 --> 00:55:11,839 year >> from the beginning. I think had those 810 00:55:10,240 --> 00:55:14,960 been provided to us at the first meeting, it would have been 811 00:55:14,480 --> 00:55:19,040 » Yeah. >> Bill would have been having the province 812 00:55:16,720 --> 00:55:23,440 approved that the wild capability to service another property and uh 813 00:55:21,839 --> 00:55:27,839 » I'm glad you guys came in because I think differently like I I do glad you 814 00:55:26,079 --> 00:55:32,880 guys came in to talk to us. If council would like to still address once we've 815 00:55:30,480 --> 00:55:36,559 rescended the previous approval, we can have the condition be uh that the 816 00:55:35,359 --> 00:55:40,400 property owner is responsible for ensuring the necess the necessary shared 817 00:55:38,720 --> 00:55:44,800 driveway and shared well agreements are in place um are reviewed in light of the 818 00:55:43,359 --> 00:55:47,839 intensification of the use. >> That's all. 819 00:55:45,520 --> 00:55:52,400 » So that way it's still outlined that it is the responsibility of the applicants 820 00:55:49,599 --> 00:55:56,079 to to initiate those discussions, but that's between the parties involved, not 821 00:55:54,160 --> 00:55:59,280 » the driveway is on their property. that that's that's an illegal ask. That's 822 00:55:58,000 --> 00:56:03,599 » regardless, the use is being intensified. So, we want to make sure 823 00:56:01,839 --> 00:56:07,280 that both parties are protected and we're putting the responsibility on the 824 00:56:05,200 --> 00:56:12,160 owners to have that conversation and update if required for for both parties. 825 00:56:10,240 --> 00:56:15,839 That's a suggestion for council if you feel that would be appropriate to 826 00:56:13,839 --> 00:56:19,359 mitigate the land use conflicts in this situation. 827 00:56:16,720 --> 00:56:23,119 » I think the province will satisfy that. We're talking about just 828 00:56:21,599 --> 00:56:27,359 » I know >> I would like to reiterate something that 829 00:56:25,119 --> 00:56:31,280 I've already said in this meeting. Um so something like that would not be a legal 830 00:56:29,280 --> 00:56:36,559 ask from council because that is a private matter outside of this room and 831 00:56:33,200 --> 00:56:40,799 that's what 106 subsection 1B talks about. You cannot make us do something 832 00:56:38,799 --> 00:56:45,839 like that. stuff >> and I agree because then the release of 833 00:56:43,520 --> 00:56:52,799 of responsibility in regard to the understanding they have between 834 00:56:49,440 --> 00:56:56,000 » but they also don't have to approve the entire thing. Yeah. 835 00:56:53,839 --> 00:57:01,359 » So let's keep that in mind. >> It's it's my understanding there's a 836 00:56:58,880 --> 00:57:05,200 large shop on the property that I assume has water service to it. So we're not 837 00:57:04,319 --> 00:57:08,319 getting all the information. >> Where did you get this? 838 00:57:06,480 --> 00:57:11,440 » Like there's no stamp on it. There's no That's my letter that I prepared. But 839 00:57:09,920 --> 00:57:16,160 you look upro >> I wrote that. 840 00:57:13,359 --> 00:57:18,400 » Um is there is there water usage on that in that shop? 841 00:57:17,200 --> 00:57:21,760 » Yes. >> What's now? So now you got four 842 00:57:20,640 --> 00:57:25,280 dwellings on one. >> Yeah. What's that? A dwelling 843 00:57:22,799 --> 00:57:31,440 » or sorry sorry four buildings on one well. So your garage that has a air 844 00:57:28,480 --> 00:57:35,680 compressor like your car that's for >> it's considered a connection 845 00:57:32,960 --> 00:57:41,760 » if it's if if it's but if it's if it's attached to the house it's not 846 00:57:39,119 --> 00:57:47,440 » at this point if if the province is going to take the charge of of checking 847 00:57:44,640 --> 00:57:52,160 that the the well is sufficient to supply another dwelling unit. I think 848 00:57:49,200 --> 00:57:58,400 that's all we need to worry about. >> Yeah. So yeah, I I think it was really 849 00:57:55,200 --> 00:58:02,480 good information that we lacked we got today and so on. I think I don't know if 850 00:58:00,880 --> 00:58:06,160 there is anything else. I think we could close the hearing and have a discussion 851 00:58:04,000 --> 00:58:09,440 and make a decision in regard provided we don't need more information. That's 852 00:58:07,920 --> 00:58:12,880 the only thing I want to make sure of is we don't close the hearing thinking we 853 00:58:11,280 --> 00:58:16,160 need more information and have to do it again. If we had 854 00:58:14,960 --> 00:58:20,400 » the hearing, >> we could receive more information 855 00:58:18,480 --> 00:58:24,640 » and and I don't know if we I'm just cautious that we don't we don't jump too 856 00:58:22,640 --> 00:58:27,920 quickly to deciding we have all the information we need to make a decision. 857 00:58:26,400 --> 00:58:32,559 » I would like to know I would like to see if we can actually 858 00:58:29,920 --> 00:58:35,839 » put make an agreement come into place between them 859 00:58:33,839 --> 00:58:38,559 » or cost share on the well that's it's binding. 860 00:58:36,559 --> 00:58:40,720 » That's I don't think we could do that. But well, 861 00:58:39,359 --> 00:58:46,240 » I mean there's more information that we could figure out legally do it right or 862 00:58:44,160 --> 00:58:50,880 do it correctly. Okay. >> And probably Janice can help us here. We 863 00:58:48,799 --> 00:58:54,799 do as part of our responsibilities get to say whether or not people need 864 00:58:53,280 --> 00:58:57,599 agreements, right? >> And yes, have to make sure we're just 865 00:58:56,480 --> 00:59:04,480 following the proper protocol. >> Yeah. That we say you have to have an an 866 00:59:01,440 --> 00:59:07,760 acceptable Yeah. So, one already exists though. But yeah, again, and whether 867 00:59:05,760 --> 00:59:11,599 that's acceptable or not is is the question, right? And again, we don't get 868 00:59:09,359 --> 00:59:14,960 to it's not up to us to review that, but we get to require we get to require the 869 00:59:14,000 --> 00:59:16,880 legal document. >> Yes. 870 00:59:15,359 --> 00:59:23,119 » Right. We get to require the legal document for both a driveway uh a I 871 00:59:19,599 --> 00:59:26,400 guess current and and legal document. What's the right term for 872 00:59:24,799 --> 00:59:28,799 » And we want to make sure we receive all of the information. 873 00:59:27,280 --> 00:59:34,799 » Yeah. Yeah. >> Yeah. Yeah. Yeah. Yeah. No, I agree with 874 00:59:32,240 --> 00:59:37,040 that. again because again is it current again this is the question 875 00:59:35,920 --> 00:59:41,119 » it's not current obviously >> is it current and legal if you change 876 00:59:38,720 --> 00:59:44,880 the use of the land you made this as two single as two single I I don't not 877 00:59:43,520 --> 00:59:48,160 looking for input from you guys just asking my fellow counselors 878 00:59:46,640 --> 00:59:52,240 » whether that >> because we're changing the use of the 879 00:59:49,760 --> 00:59:55,920 property from single fing from a single dwelling to two dwellings 880 00:59:54,000 --> 01:00:01,839 » but in a case >> do they own that what we're looking for 881 00:59:58,400 --> 01:00:05,599 I think is to ensure that those those agreements ments are you know that we're 882 01:00:04,480 --> 01:00:10,160 going to make sure that they're consistent though we've made that change 883 01:00:08,079 --> 01:00:15,119 » are those documents again how that is applied so anyway just that's the 884 01:00:12,559 --> 01:00:19,839 concern so I'm again we're we're requiring we're relying on the other 885 01:00:18,319 --> 01:00:23,160 entities to ensure that that the other legal part 886 01:00:23,200 --> 01:00:29,200 » okay any more question for 887 01:00:27,440 --> 01:00:32,640 » are you suggesting that we adjourn and not close 888 01:00:30,079 --> 01:00:36,799 » I I'm actually looking time of year. I I think adjourning is just laying things. 889 01:00:35,520 --> 01:00:41,119 » I mean, that's fine. I don't mind. >> No, I think we could make a decision. 890 01:00:38,240 --> 01:00:44,400 There's no question about it's all with the provin responsibility and so on. I 891 01:00:43,280 --> 01:00:49,760 mean, >> yeah, they still have to do the testing. 892 01:00:47,760 --> 01:00:51,839 » Well, we can Yeah. >> No, I I I think we should 893 01:00:50,960 --> 01:00:54,880 » You would not support the >> I would support Randy and say we should 894 01:00:53,520 --> 01:00:58,559 » I'm not clear. No, I'm not I'm not saying that. I I'm just asking those 895 01:00:56,640 --> 01:01:02,160 questions of council before we before we make that decision. And I'm just I'm 896 01:01:00,559 --> 01:01:04,240 going to ask administration. Do you have a view on whether we should adjourn or 897 01:01:03,760 --> 01:01:10,319 close? >> This last this last 898 01:01:08,160 --> 01:01:14,079 uh clause in the well-shared agreement. The right privileges and easements 899 01:01:11,839 --> 01:01:20,799 hereby grant and conferred upon granter of the grantee are and shall be of the 900 01:01:18,079 --> 01:01:26,240 same force and effect to all intents and purposes as a covenant running with the 901 01:01:23,440 --> 01:01:31,040 land to this grant of easement including all covenants and conditions here and 902 01:01:28,160 --> 01:01:36,160 contained shall extend to be binding upon. So to me it runs with the land. 903 01:01:33,839 --> 01:01:40,240 » But but but the land's changing is is again I'm not I'm not the lawyer here. 904 01:01:38,000 --> 01:01:45,760 Sure. use of the land is changing. If you built again I'm using the they sort 905 01:01:43,119 --> 01:01:51,680 of this is a caution is that if we had approved a 906 01:01:48,720 --> 01:01:56,160 four-story multi-use development there does that well agreement still stand if 907 01:01:53,760 --> 01:01:59,520 we'd approved a gas station there a car wash 908 01:01:56,640 --> 01:02:03,359 » and that did the province will not you guys it's up to office of 909 01:02:01,839 --> 01:02:06,079 drinking water which is the province which is clause six which I'm asking to 910 01:02:05,680 --> 01:02:10,079 say >> and that's 911 01:02:07,760 --> 01:02:14,799 and I played the I'll play the role as the tenant that's beside that they're 912 01:02:11,920 --> 01:02:20,240 using my water take for example now if I had to share the cost of the well and 913 01:02:16,720 --> 01:02:24,000 now now we have four or three party to the share of the well so that's good 914 01:02:22,000 --> 01:02:28,160 because now if there is an improvement to the well because the well failed in 915 01:02:26,079 --> 01:02:33,119 two years now I only have to share the cost of the third of the cost because we 916 01:02:30,400 --> 01:02:36,160 have an agreement for three dwelling >> anyway I we can leave it for the lawyers 917 01:02:35,040 --> 01:02:38,640 I think that the lawyers are the only ones 918 01:02:36,559 --> 01:02:42,160 » so I would share it for sure because now I know if I need a new well. I only pay 919 01:02:40,640 --> 01:02:47,359 the third of it because there's two there's three dwelling on the well. So 920 01:02:44,720 --> 01:02:53,040 there's two side of the story. There's the the tenant that a new request and 921 01:02:50,319 --> 01:02:57,839 the one who owns the well. >> But that's not how it works though. 922 01:02:55,359 --> 01:03:00,160 » It's an agreement that they have to come and that would be the agreement that I 923 01:02:59,520 --> 01:03:04,480 would have. >> That's what it says. That's true. 924 01:03:01,760 --> 01:03:11,760 » Yeah. I think the clarification that's needed for that document is does the 925 01:03:07,760 --> 01:03:15,839 original shared well agreement from 1990 take into consideration the 926 01:03:13,520 --> 01:03:16,880 intensification that is now going to happen. 927 01:03:16,400 --> 01:03:19,680 » Yeah. >> And I I'm not sure it does. 928 01:03:19,280 --> 01:03:25,760 » No, >> I personally believe I personally don't 929 01:03:22,960 --> 01:03:30,160 believe that we as a council have the right to change a well agreement 930 01:03:28,400 --> 01:03:33,280 » that is between the two parties. >> That's right. We have an existing well 931 01:03:31,920 --> 01:03:37,440 agreement that's between the province and the two parties and I just don't 932 01:03:34,799 --> 01:03:39,760 believe that we have the the right. We're overstepping our bounds. 933 01:03:38,960 --> 01:03:43,119 » Yeah, >> that's what 934 01:03:40,400 --> 01:03:48,000 » well with any intensification or lawyer about a new I agreement. 935 01:03:45,520 --> 01:03:52,400 » I I just can't imagine I can't imagine that extended or added usage is 936 01:03:50,400 --> 01:03:56,000 something that they have to agree on and if it's a civil matter then they have to 937 01:03:54,240 --> 01:04:00,400 hire their own lawyers to take care of that. 938 01:03:58,079 --> 01:04:05,920 Yeah. Everybody knows well agreement. 939 01:04:04,000 --> 01:04:07,200 » I just don't believe we have any legal right to 940 01:04:06,880 --> 01:04:11,200 » Yeah. >> to force them to do anything. 941 01:04:09,039 --> 01:04:13,440 » But do you know or you just >> I'm I'm I'm 942 01:04:12,319 --> 01:04:17,760 » You're not a lawyer though, right? >> It doesn't matter. It It's Sometimes 943 01:04:15,599 --> 01:04:19,760 when you take a look at at contracts, it's common sense. 944 01:04:19,039 --> 01:04:22,640 » Yeah. >> And and it's common sense on that one. 945 01:04:21,760 --> 01:04:26,960 » Yep. >> Yeah. 946 01:04:24,400 --> 01:04:31,760 And I I think if if we inquire with our lawyer, I'll bet you any money that 947 01:04:28,400 --> 01:04:36,160 they'll tell us that we cannot change a civil agreement. 948 01:04:33,680 --> 01:04:38,240 » We cannot we don't have the right and with the clause that the government 949 01:04:37,359 --> 01:04:42,720 » well >> I mean this is covering all they take 950 01:04:40,400 --> 01:04:46,079 responsibility. We're off the hook. It's not for us to decide do they have good 951 01:04:44,559 --> 01:04:48,799 water? Did he use the neighbor? >> Yeah. 952 01:04:46,880 --> 01:04:52,799 » I mean we want to protect the neighbors and so on. 953 01:04:49,920 --> 01:04:58,000 » I think you read the understanding. I mean, the the fact that you have an 954 01:04:55,359 --> 01:05:02,880 email from the neighbor saying they're okay with it. It's an email. I have to 955 01:05:00,240 --> 01:05:05,880 believe that it's legit. >> Text 956 01:05:07,200 --> 01:05:14,480 came back to I think between them, I think there's a better relationship that 957 01:05:11,839 --> 01:05:18,039 we thought was there. >> That's how I see it. 958 01:05:18,079 --> 01:05:25,440 » Yeah. >> We maintain that. Yeah. So they're like, 959 01:05:21,520 --> 01:05:29,760 "Okay, well, I guess my your 50 bucks I want every year, you're probably pay pay 960 01:05:28,559 --> 01:05:33,119 for the solar." >> Yeah. 961 01:05:30,720 --> 01:05:37,920 » Yeah. And that's a like you said, it's a matter between you guys and and she said 962 01:05:35,359 --> 01:05:41,920 or he whoever the the letter, the note that we got, it sounds like you guys are 963 01:05:40,559 --> 01:05:43,200 going to come up with an agreement in regard. 964 01:05:42,319 --> 01:05:46,960 » A lot of it was >> the province will impose anyway the 965 01:05:45,440 --> 01:05:51,039 condition of the water and the supply of the water. the province will state that 966 01:05:49,440 --> 01:05:55,200 and they don't have a choice. They can't do it until the province said, "We're 967 01:05:53,119 --> 01:05:58,160 now you do this, you do that, you comply to this, you go ahead." 968 01:05:56,880 --> 01:06:03,839 » Right. For me, >> I looked it up for the annual cost for 969 01:06:00,799 --> 01:06:07,839 hydro for a well is between 35 and $90 per year. 970 01:06:05,520 --> 01:06:12,160 » Oh, there you go. >> driveway. So, I think the relationship 971 01:06:09,760 --> 01:06:16,640 between them not having an an argument is because I got in my driveway, you got 972 01:06:14,640 --> 01:06:20,000 my well. Okay. Mhm. >> And that's it. 973 01:06:18,000 --> 01:06:24,319 » Average are running two hours per day. >> Yeah. I just I just feel like that's 974 01:06:22,160 --> 01:06:27,920 that's an amendment issue between you you two that has nothing to do with us. 975 01:06:26,960 --> 01:06:29,520 » We've been >> Yeah. 976 01:06:28,880 --> 01:06:32,079 » Yeah. >> I don't know. 977 01:06:30,240 --> 01:06:37,599 » So, I think we're going around again and I don't think there is any question or 978 01:06:34,720 --> 01:06:41,599 update that we need to ask or we get ready to close the hearing and go on to 979 01:06:40,240 --> 01:06:47,280 make a decision or >> I would move that we close the hearing. 980 01:06:43,359 --> 01:06:54,319 I'll second that. Okay. S close. Second by Stalwick. All in favor? Thank you. 981 01:06:51,760 --> 01:07:01,160 Then now we're going to make a decision and get back to you. Uh 982 01:06:58,160 --> 01:07:01,160 okay, 983 01:07:01,839 --> 01:07:10,359 we're willing to make a decision now. We're going to deal with it. You could 984 01:07:05,440 --> 01:07:10,359 wait and hear our discussion. 985 01:07:10,480 --> 01:07:19,920 Firstly, we had the variation order for um reason subdivision. 986 01:07:16,640 --> 01:07:23,440 » I'll move that we approve the variation order. 987 01:07:21,760 --> 01:07:29,920 » Second sir. >> Okay. So this is moved by and second by 988 01:07:27,520 --> 01:07:32,559 Stalwick. That's to vary the >> more discussion 989 01:07:31,119 --> 01:07:36,079 » to vary the minimum west sideyard setback requirement from 25 ft to 990 01:07:34,319 --> 01:07:39,839 approximately 13 feet for the existing deck and the minimum west sideyard 991 01:07:37,920 --> 01:07:43,359 requirement from 25 ft to approximately 9.9 ft for the existing shed as a 992 01:07:42,160 --> 01:07:48,319 condition of their subdivision application for property located at 993 01:07:45,359 --> 01:07:53,680 31086 road 43 north in the northeast quarter of section 5 township range six 994 01:07:51,119 --> 01:07:58,960 in an areas zoned agriculture. >> Perfect. Any more discussion on that 995 01:07:56,079 --> 01:08:05,400 one? Everybody else in favor and this one is approved. Moving on to the 996 01:08:01,760 --> 01:08:05,400 second, the 1426. 997 01:08:07,280 --> 01:08:11,920 » I'll make a motion that we make those amendments. 998 01:08:09,760 --> 01:08:15,280 » I'm going to read it. And >> so the I've kind of drafted a whole 999 01:08:13,920 --> 01:08:18,960 bunch of stuff at the bottom there. So we we might need to tailor it. 1000 01:08:16,799 --> 01:08:21,679 » So that's the after the last four. >> Essentially, well, what I'm hearing from 1001 01:08:20,480 --> 01:08:24,480 council is we want to resend the original resolution to be able to make 1002 01:08:23,120 --> 01:08:30,560 changes. Correct. >> Okay. So that's the first thing. Um so 1003 01:08:27,359 --> 01:08:35,120 so uh where and whereas a notice of motion was made by council stwick to 1004 01:08:32,159 --> 01:08:41,679 reconsider resolution 2026450 respecting the hearing decision for condition use 1005 01:08:37,520 --> 01:08:47,040 number 17-26 made on August 12th 2026 be it resolved that council and then you 1006 01:08:44,640 --> 01:08:55,199 can skip to the resin the original decision made by resolution 2026450 and 1007 01:08:50,799 --> 01:09:02,080 the conditional use order 17-26B approved with the following conditions. 1008 01:08:59,120 --> 01:09:05,440 » So here um the use of the property be for permanent residential use only 1009 01:09:03,839 --> 01:09:09,920 unless otherwise permitted by the municipality. Um so again the terms uh 1010 01:09:08,719 --> 01:09:14,400 that was something that was included in the first one but it was very restricted 1011 01:09:11,359 --> 01:09:18,560 to only like Airbnb like can't be used that which is it's basically saying the 1012 01:09:16,319 --> 01:09:23,120 same thing just using broader language. Um the second based on the conversations 1013 01:09:20,719 --> 01:09:27,839 here, the municipality does need and does have the right to impose a 1014 01:09:25,199 --> 01:09:31,359 condition that all dwellings are serviced by water, portable water. So 1015 01:09:30,000 --> 01:09:34,560 here the property owner is responsible for ensuring the necessary provisions 1016 01:09:32,799 --> 01:09:37,839 are in place for portable water to service the property, whatever that 1017 01:09:36,159 --> 01:09:41,199 might be. Is that something that council? 1018 01:09:38,400 --> 01:09:46,480 » That's that's good wording. I like that. Now, did we want to address that the 1019 01:09:43,359 --> 01:09:50,159 property owner is um recommended to update the shared well and driveway 1020 01:09:48,080 --> 01:09:51,679 agreements or no? >> So, 1021 01:09:50,640 --> 01:09:55,760 » I don't think we need to. >> Shared driveway agreement and shared 1022 01:09:53,120 --> 01:09:59,360 well agreement in place are reviewed in light of the intensification of the use 1023 01:09:57,679 --> 01:10:02,400 to the satisfaction of all parties involved. 1024 01:10:00,640 --> 01:10:05,040 » I I think that's fair because now they have 1025 01:10:03,280 --> 01:10:09,520 » three properties on there being used. >> Sounds like it's not a big deal. So 1026 01:10:06,560 --> 01:10:13,840 they're >> so the property owner is recommended to 1027 01:10:12,080 --> 01:10:17,440 have the shared well uh shared driveway agreement and shared well agreement in 1028 01:10:15,520 --> 01:10:20,239 place reviewed. So that would be your responsibility to start the conversation 1029 01:10:18,800 --> 01:10:21,760 if that means talking to your neighbors. >> You said recommend it. Whoa, whoa, whoa, 1030 01:10:21,440 --> 01:10:25,280 whoa. >> Correct. Yeah. So now, does council want 1031 01:10:23,440 --> 01:10:30,640 to require or recommend? Because council can require portable water be on the 1032 01:10:27,280 --> 01:10:33,600 property, right? But again, I don't know that the municipality. 1033 01:10:32,400 --> 01:10:35,920 » We could only recommend. >> We could only recommend. 1034 01:10:34,719 --> 01:10:37,760 » I think they're already in conversations with their neighbors. 1035 01:10:36,719 --> 01:10:41,679 » I'm fine with recommend. >> Yeah, I just recommend. 1036 01:10:39,120 --> 01:10:45,520 » And and and these these people here, I apologize, 1037 01:10:42,800 --> 01:10:49,040 » are they already are okay with it. If the other if the other party 1038 01:10:47,360 --> 01:10:50,960 » if the other party has an issue with it, they're the one that have to initiate. 1039 01:10:50,719 --> 01:10:54,320 » Yeah. >> And all we do is recommend 1040 01:10:52,080 --> 01:10:57,199 » not a requirement at that anyway. >> Yeah. Which you're already in 1041 01:10:55,440 --> 01:10:59,440 discussions with him anyways. Clearly text. So 1042 01:10:58,000 --> 01:11:02,480 » all >> and then the other two conditions I 1043 01:11:00,800 --> 01:11:05,440 believe were in the original. So the applicant's responsible for ensuring the 1044 01:11:03,920 --> 01:11:08,159 secondary suite is situated and designed with a driveway that allows reasonable 1045 01:11:06,880 --> 01:11:11,440 access for emergency vehicles and services. And finally, the applicant is 1046 01:11:10,159 --> 01:11:14,960 responsible for being in full compliance with the requirements of all federal, 1047 01:11:13,199 --> 01:11:18,960 provincial, and municipal authorities at all times, including obtaining any 1048 01:11:17,360 --> 01:11:22,640 required permits, approvals, and achieving building code compliance. That 1049 01:11:20,719 --> 01:11:26,400 would include the well, the water um satisfying office of the drinking water, 1050 01:11:24,320 --> 01:11:31,040 manageable environment, and conservation for the wastewater, um any other kind of 1051 01:11:29,440 --> 01:11:34,239 manageable hydro requirements for the electricity. That covers everything that 1052 01:11:32,960 --> 01:11:38,280 they might need from other jurisdictions as well as our own. Okay. 1053 01:11:39,199 --> 01:11:45,920 I would >> you move that to Judg 1054 01:11:43,520 --> 01:11:49,120 by Stalwick. I already moved it. 1055 01:11:47,440 --> 01:11:50,320 » Oh, you already moved it. Yeah, it's he's 1056 01:11:49,520 --> 01:11:54,159 » then you second. >> Sure. 1057 01:11:50,800 --> 01:12:01,040 » So Stalwick moves a second. Any more question then? Seeing none, everybody's 1058 01:11:57,040 --> 01:12:06,080 in favor then Carrie. >> So then you got your request. Thank you. 1059 01:12:04,560 --> 01:12:07,679 » Thanks for coming in you guys. >> For sure. Randy. 1060 01:12:07,280 --> 01:12:11,040 » Yeah. >> Yeah. 1061 01:12:09,280 --> 01:12:16,320 » Evan's going to pop by. Absolutely. Okay. Yeah. Um, 1062 01:12:14,719 --> 01:12:20,400 » yes. [clears throat] >> All right. So, I think that was the last 1063 01:12:18,159 --> 01:12:22,560 of the Do we want to join the meeting or not? 1064 01:12:21,360 --> 01:12:25,760 » I just want to bring something to council's attention after 1065 01:12:23,600 --> 01:12:28,400 » and I wanted to just further discussion as well 1066 01:12:26,320 --> 01:12:32,320 » in the meeting. Well, I just about this issue just I would 1067 01:12:30,320 --> 01:12:34,960 » during the live streamed meeting or as an aside because 1068 01:12:33,360 --> 01:12:39,760 » an aside I don't need like it's not doesn't require a vote or anything. 1069 01:12:36,400 --> 01:12:46,640 » We close the meeting or turn second whatever you call it. So including 1070 01:12:42,880 --> 01:12:46,640 second by I