"ANY MINUTES POSTED BEFORE APPROVED BY COUNCIL ARE ONLY DRAFT MINUTES!!!"
MUNICIPALITY OF MORRIS-TURNBERRY
COUNCIL CHAMBERS
41342 Morris Road
Tuesday, September 1, 2009 7:30 pm
Minutes of the Meeting
1) Call to order: The meeting was called to order by Mayor Dorothy Kelly at 7:30 pm with all members in attendance for the call to order except Mark Beaven- who was absent.
Council in Attendance:
Dorothy Kelly, Mayor
Jim Nelemans, Deputy Mayor
Lynn Hoy, Councillor
Paul Gowing, Councillor
Edna McLellan, Councillor
Bill Thompson, Councillor
Absent:
Mark Beaven Councillor
Staff in Attendance:
Nancy Michie, Administrator Clerk-Treasurer
Mike Thomas Director of Public
Works
Steve Fortier Chief Building
Official
Others in Attendance:
Keith Roulston Citizen Newspaper
Lynne Magee and her daughter – Erin Watson, were in attendance for the
call to order.
2) Declaration of Pecuniary Interest:
Lynn Hoy declared a pecuniary interest for Item No. 6 – Accounts - 4.2 in Closed- Gregory Drain and Blackhall Drain ( The Blackhall Drain was not on the agenda).
3) Agenda:
The Clerk added a listing to the agenda for consideration, as the items were of an urgent nature. Mayor Kelly asked that the review of committees and structure be addeded to a future agenda. There were no items to add to the September 1,2009 agenda.
Adoption of Agenda:
Motion: 368-09 Moved by Edna McLellan Seconded by Lynn Hoy
“That the agenda for the meeting of September 1, 2009 be adopted as circulated.”
Disposition Carried
4) Minutes:
Motion: 369-09 Moved by Bill Thompson Seconded by Edna McLellan
“That the minutes of the August 11, 2009 Council Meeting be adopted as circulated.”
Disposition Carried
5) Business from the Minutes
Dorothy Kelly is unable to attend Item 14.8 - Emergency Training.
6) Accounts
Motion: 370-09 Moved by Jim Nelemans Seconded by Paul Gowing
" That the 2009 Accounts dated September 1, 2009 be approved for payment in the
amount of $ 205,749.29.”
Disposition Carried
Mike Thomas, Steve Fortier, Liz Thompson, and Sandra Weber joined the meeting.
7) Drainage Items:
7.1 Drainage Agreement:
Motion: 371-09 Moved by Jim Nelemans Seconded by Lynn Hoy
“That the Drain Maintenance Agreement for the Nichol and McDonald Municipal Drains be approved, dated August 24,2009, which had been signed by Charles and Catherine Terpstra and Terpstra Farms Ltd.”
Disposition Carried
7.2 New Municipal Clyde Street Drain:
The council reviewed a letter from R J Burnside reporting that the drainage petition is valid and will proceed.
8) Road Report: Mike Thomas joined the meeting.
1. Director of Public Works Report - Mike Thomas presented a road report.
2. MVCA- 2010 Roadside Wind breaks
Motion: 372-09 Moved by Lynn Hoy Seconded by Bill Thompson
“That 200 trees be ordered from MVCA for 2010 roadside wind breaks and offer the trees to residents of the municipality (two per person limit).”
Disposition Carried
9) Zoning By-law Amendment: 7:55 pm
Sandra Weber – Huron County Planner
Motion: 373-09 Moved by Edna McLellna Seconded by Lynn Hoy
“That the Council adjourn the regular session of Council and enter into a Public meeting for a Zoning Amendment, under the Planning Act.”
Disposition Carried
9.1 James and Henny Poortinga
The owners- James and Henny Poortinga were not in attendance.
Subject Lands: North Half Lot 30, Concession 8, Morris Ward
1. Call to order - by Mayor Dorothy Kelly
2. Purpose of the Public Meeting – Sandra Weber
PURPOSE AND EFFECT:
The purpose of the application is to change the zoning on Part of Lot 30, Concession 8, Morris Ward, Municipality of Morris-Turnberry from General Agriculture (AG1) to Agricultural Small Holding-Special Zones (AG4-31) and General Agriculture - Special Zones (AG1-15). The rezoning is required as a condition of a surplus residential consent application (File B53/08). The severed land to be rezoned has an existing residence and is approximately 1.7 hectares (4.2 acres). The lands currently zoned NE1 (Natural Environment) on the severed parcel will remain as NE1, and will be included in the calculation for lot area, lot frontage, lot coverage and front yard setback for the lands zoned AG4-31. The retained farmland is proposed to be zoned AG1-15 to prohibit a new residence, as required by the Provincial Policy Statement.
3. County Planning Department – Sandra Weber presented a County Planning Report which recommended approval.
4. Comments Received – Nancy Michie received no comments.
5. Applicants comments – no comments from the owner
6. Public comments – no comments from the floor
7. Council comments and questions – no comments from the council
8. Explanation of the Process following the Public Meeting by Sandra Weber
If the By-law is passed, the Clerk is required to send Notice of Passing of the By-law to all persons and agencies notified of this Public Meeting. There is a 20 day objection period from the time Notice of Passing of the by-law has been mailed by first class mail, wherein submissions/letters of objections or support in respect to the passing of the by-law, will be received by the Clerk.
9. Adjournment:
Motion: 374-09 Moved by Jim Nelemans Seconded by Paul Gowing
“That the meeting be adjourned and re-enter regular session of council.”
Disposition Carried
9.2 By-law:
Motion: 375-09 Moved by Edna McLellan Seconded by Lynn Hoy
“That By-law No.54-2009 be passed as given first, second, third and final readings, being a by-law to amend the zoning on the North Part of Lot 30 Concession 8, Morris Ward, to AG 4-31 and AG1-15. ”
Disposition Carried
Lynn Magee, her daughter- Erin Watson, Kent and Liz Thompson and Steve Fortier were in attendance.
9.3 Magee Development Agreement:
Sandra Weber explained the agreement and advised that legal comments had been obtained.
Motion: 376-09 Moved by Lynn Hoy Seconded by Bill Thompson
“That By-law No. 59 -2009 be passed as given first, second, third and final readings, being a by-law to approve the development agreement for Part of Lots 18 and 19 , Concession 9, Turnberry Ward, to allow a temporary secondary dwelling.”
Disposition Carried
9.4 Temporary Zoning By-law - David and Lynne Magee 8:03pm
Part of Lots 18 and 19 , Concession 9, Turnberry Ward
Motion: 377-09 Moved by Jim Nelemans Seconded by Bill Thompson
“That the Council adjourn the regular session of Council and enter into a Public meeting for a Zoning Amendment, under the Planning Act.”
Disposition Carried
Subject Lands: Part of Lots 18 and 19 , Concession 9, Turnberry Ward
1. Call to order - by Mayor Dorothy Kelly
2. Purpose of the Public Meeting – Sandra Weber
PURPOSE AND EFFECT:
The purpose of the proposed temporary use zoning by-law amendment is to permit a temporary secondary dwelling unit on Part of Lots 18 and 19, Concession 9, Turnberry Ward, Municipality of Morris-Turnberry. The temporary secondary dwelling unit is permitted to be used by a farm hand or a retiring farmer who is involved in the farming operation and will be required to be removed at the expense of the owner when it is no longer required or the temporary use by-law expires. The temporary dwelling unit must be designed with a CSA approval to ensure it is moveable, and will have a maximum ground floor area of 130 sq. metres (1400 sq. feet). The temporary dwelling with be clustered with the existing buildings and will be no closer to the neighbouring barn to the south than the existing residence. The temporary dwelling will not be entitled to a severance from the farm parcel. The proposed by-law can be in effect for up to 10 years, with the renewal of the by-law requiring a further public meeting.
This by-law amends Zoning By-law 14-1987, Township of Turnberry, for the duration of the temporary use.
3. County Planning Department – Sandra Weber presented a County Planning Report recommending approval.
4. Comments Received – Nancy Michie received no comments
5. Applicants comments – no comments from the owner
6. Public comments – no comments from the floor
7. Council comments and questions – no comments from the Council
8. Explanation of the Process following the Public Meeting by Sandra Weber
If the By-law is passed, the Clerk is required
to send Notice of Passing of the By-law
to all persons and agencies notified of this Public Meeting. There is a 20 day
objection period from the time Notice of Passing of the by-law has been mailed
by
first class mail, wherein submissions/letters of objections or support in
respect to the
passing of the by-law, will be received by the Clerk.
9. Adjournment: 8:06pm
Motion: 378-09 Moved by Paul Gowing Seconded by Jim Nelemans
“That the meeting be adjourned and re-enter regular session of council.”
Disposition Carried
9.5 By-law:
Motion: 379-09 Moved by Lynn Hoy Seconded by Bill Thompson
“That By-law No.55-2009 be passed as given first, second, third and final
readings,
being a by-law to establish a temporary zoning on the Part of Lots 18 and 19 ,
Concession 9, Turnberry Ward, to allow a temporary secondary dwelling.”
Disposition Carried
Lynn Magee, her daughter- Erin Watson, Steve Fortier, and Sandra Weber left the meeting.
8) Road Report- cont’d:
3. AMO- A report on paved roads from Performance Measures was reviewed.
4.
Landfill Revenue: A report
was reviewed on the decrease in the Landfill revenue. Mike Thomas
will obtain a report on useage at the site and bring back a recommendation in
regards to a change in the
hours of operation. The Council are supoortive to change Wednesday hours from
10-3 pm
and Saturday based on monitoring.
5. Other Business:
Motion: 380-09 Moved by Lynn Hoy Seconded by Bill Thompson
“That Mike Thomas proceed with taps for the
Belgrave Pump House and Kinsmen Park,
to his discretion.”
Dispostion Carried
Motion: 381-09 Moved by Jim Nelemans Seconded by Bill Thompson
“That Mike Thomas be authorized to attend the OGRA Snow School.”
Disposition Carried
Don Morrison, Les Nichols, Jeremy Taylor, Art
Bruce. Eileen Bryce, Steve Trapp, Elva Trapp
Dave Read, Don Jackson were in attendance.
10) Bryce Municipal Drain , 2009, Branch J:
Jeremy Taylor – R J Burnside & Associates Limited
Court of Revision:
10.1 Members:
Motion: 382-09 Moved by Jim Nelemans Seconded by Paul Gowing
“That the members of the Court of Revision for the Bryce Municipal Drain, 2009, Branch J be:
2 from Morris-Turnberry – Lynn Hoy, Bill Thompson
1 from South Bruce – Les Nichols .”
Disposition Carried
10.2 Close the Regular Session of Council: 8:15 pm
Motion: 383-09 Moved by Edna McLellan Seconded by Lynn Hoy
“That the regular meeting of council be adjourned and enter into the Court of
Revision for the
Bryce Municipal Drain, 2009, Branch J.”
Disposition Carried
Dorothy Kelly, Jim Nelemans, Paul Gowing, and Edna McLellan pushed back from the
table.
Les Nichols assumed a seat at the table.
10.3 Chairperson:
Motion: 384-09 Moved by Lynn Hoy Seconded by Les Nichols
“That the Chairperson for the Court of Revision for the Bryce Municipal Drain-
Branch J,
be Bill Thompson.”
Disposition Carried
10.4 Chairperson - Open the Court
Bill Thompson declared the Court of Revision to be open.
10.5 Appeals:
1. Reviewed the written appeals:
One appeal was received, as submitted by David Read- Lot 27 Concession 1, Culross.
David Read’s appeal stated –
I respectfully appeal to the Court of Revision
to reduce my assessment for this work,
which currently stands at $2365.00.
The Appellant was asked to explain his appeal:
Dave Read stated that some surface water will drain to the new drain. He neither needs or wants additional water . He feels that the drain is no benefit to him. The culvert is being installed to allow for future under-drainage. From the Bryce property to the east.
2. Engineer – Jeremy Taylor commented on appeal in regards to the Drainage Report and Drainage Act.
Jeremy Taylor said that the drain was not
designed for under drainage of the David Read Lot-
Concession 1, Lot 27, Culross. The assessment is for outlet assessment. The
bush area is factored at .5 and
the wetland and conservation area has been downgraded to .33 factor.
Jeremy Taylor feels that the report has fairly
dealt with the area.
The section 26 assessment for the culvert is assessed to the roads.
3. Deliberation by the Court of Revision Members: Members left the table to deliberate.
The Court of Revision Members returned at 8:35pm
The meeting was reconvened at 8:35pm
4. Bill Thompson asked the floor if there were any other appeals.
There were no appeals from the floor.
5. Comments from the floor:
Don Morrison stated that he has been taking the
other water and the water will flow
underground instead of over the land, if the drain is installed.
6.
Decision of the Court:
Bill Thompson stated that the members of the
court decided to
leave the assessments as printed in the report.
Motion: 385-09 Moved by Les Nichols Seconded by Lynn Hoy
“That the Court of Revision Members for the Bryce Municipal Drain – 2009, Branch
J,
deny the appeal of David Read.”
Disposition Carried
7. Adjournment:
Motion: 386-09 Moved by Lynn Hoy Seconded by Les Nichols
" That the Court for the Bryce Municipal Drain Report-2009 Branch J be adjourned at 8:35 pm .”
Disposition Carried
The regular session of Council be reconvened, as called by the Mayor Kelly @ 8:35pm
10.6 Tender: Jeremy Taylor explained the tender results.
Motion: 387-09 Moved by Jim Nelemans Seconded by Paul Gowing
" That the tender submitted for the Bryce Municipal Drain Report-2009 Branch J be accepted as submitted by Ryan Construction Limited at the tender price of $20,335.35, pending the adoption of the By-law and necessary certification.”
Disposition Carried.
Jeremy Taylor, Don Morrison, Les Nichols, Jeremy
Taylor, Art Bruce. Eileen Bryce,
Steve Trapp, Elva Trapp Dave Read,
Don Jackson left the meeting.
Bill Dietrich, Steve Rombouts and Tony Rombouts were in attendance for the McCutcheon Drain.
11) McCutcheon Municipal Drain: 8:40 pm
Bill Dietrich of Dietrich Engineering Limited
Court of Revision:
11.1 Members:
Motion: 388-09 Moved by Bill Thompson Seconded by Lynn Hoy
“That the members of the Court of Revision for
the McCutcheon Municipal Drain, 2009,
be:
3 from Morris-Turnberry – Paul Gowing, Edna McLellan, Jim Nelemans.”
Disposition Carried
11.2 Close the Regular Session of Council:
Motion: 389-09 Moved by Paul Gowing Seconded by Edna McLellan
“That the regular meeting of council be adjourned and enter into the Court of
Revision for the
McCutcheon Municipal Drain, 2009.”
Disposition Carried
Dorothy Kelly, Bill Thompson and Lynn Hoy pushed back from the table.
11.3 Chairperson:
Motion: 390-09 Moved by Jim Nelemans Seconded by Paul Gowing
“That the Chairperson for the Court of Revision for the McCutcheon Municipal Drain be Edna McLellan.”
Disposition Carried
11.4 Chairperson - Open the Court
Edna McLellan declared the court of revision for the McCutcheon Municipal Drain be open.
11.5 Appeals:
1. Reviewed the written appeals:
No appeals were received.
2. Verbal appeals from the floor – there were no verbal appeals from the floor
3. Engineer – Bill Dietrich explained that the report was drawn fairly and he had received no objections.
4. Adjournment:
Motion: 391-09 Moved by Jim Nelemans Seconded by Paul Gowing
" That the Court for the McCutcheon Municipal Drain Report-2009 , be adjourned.”
Disposition Carried
The regular session of Council be reconvened, as called by the Mayor Kelly @ 8:50 pm
11.6 Tender: Bill Dietrich explained the tender results.
Motion: 392-09 Moved by Bill Thompson Seconded by Paul Gowing
" That the tender submitted for the McCutcheon Municipal Drain Report-2009, be accepted as submitted by Van Bree Drainage & Bulldozing, at the tender price of $127,130.00.”
Disposition Carried
Bill Dietrich, Steve Rombouts and Tony Rombouts left the meeting.
12) Bluevale Drainage Issue: 8:55 pm
Dave, Kent and Liz Thompson were in attendance.
The Council reviewed a report from BM Ross on options for the Bluevale- Duncan Street Drainage.
Motion: 393-09 Moved by Edna McLellan Seconded by Lynn Hoy
“That Mike Thomas proceed with an archeological study for the Bluevale Cemetry and present the results to the Council, prior to a decision to proceed for the Duncan Street Drain.”
Disposition Carried
Dave Thompson, Kent and Liz Thompson and Mike Thomas left the meeting.
13) By-laws:
13.1 Agreement for the CPR switch:
Motion: 394-09 Moved by Jim Nelemans Seconded by Lynn Hoy
" That By-Law No.56-2009 be adopted as given first, second, third and final readings being a by-law to authorize the agreement for the maintenance of the CPR switch at 41257 Glenannon Road.”
Disposition Carried
13.2 2009 Tax Collection By-law:
Motion: 395-09 Moved by Edna McLellan Seconded by Bill Thompson
“That By-law No. 57-2009 be passed as given first, second, third and final readings, being a by-law to authorize the collection of the 2009 tax billing and the mailing of the notices of the demand of payment of the 2009 Property taxes.”
Disposition Carried
13.3 Acquisition of Land:
Motion: 396-09 Moved by Jim Nelemans Seconded by Paul Gowing
" That By-Law No. 58-2009 be adopted as given first, second, third and final
readings being a
by-law to authorize the acquisition of land at Part Lots 2,3,4,Concession 5,
Morris Ward, being
a condition of consent for Murray Wayne Fear.”
Disposition Carried
14) Business:
14.1 Resolutions:
Motion: 397-09 Moved by Jim Nelemans Seconded by Lynn Hoy
“That the following resolution be
supported and endorsed:
2. Legal & Legislative Services - Moratorium Call by
Ontario Medical Association
to Halt Health Care
Restructuring Decisions
“That the following resolution be filed:
1. Home Care Services – Township of Madawaska Valley.”
Disposition Carried
14.2 Fire Services:
1. Letter from John Black- North Huron Fire
Chief was reviewed, advising that
North Huron
will provide fire services, after January 1,2010, if an agreement is not in
place.
2. A special meeting to review the proposed fire areas will be held September24, 2009 at 7:30pm.
14.3 OMB Hearing
A Notice was reviewed for OMB hearing scheduled for September 15, 2009.
14.4 School Fairs:
1. Belgrave School Fair- September 15,2009 12 noon – Parade
Jim Nelemans will attend.
2. Brussels Fair- September 15,2009 Opening 7 pm
Parade September 16,2009 11:30 am.
Dorothy Kelly will attend the Opening and the Parade.
14.5 Bluevale Hall Exit Stair Project:
The Council motion passed on August 11,2009, was passed subject to the Bluevale Hall Board’s approval.
Bill Thompson presented a report from the Bluevale Hall meeting and advised the council to proceed with the project.
Motion: 398-09 Moved by Lynn Hoy Seconded by Edna McLellan
“That the Municipality of Morris-Turnberry rescind the motion No. 350-09 of
August 11,2009 and authorize
that the Bluevale Hall Exit Stair project to proceed as per drawing P1.”
Disposition Carried
14.6 Brussels Library Project
A report was presented for review and filed.
14.7 CEMC’s Roles and
Responsibilities:
A report was presented for the council’s review.
The council are not supportive of the County concept to assume the role of CEMC.
14.8. Ward Boundary Appeals and Petitions:
Information was reviewed by council and filed.
15) Council Reports:
1. Bill Thompson did not attend the Wheels Away meeting on August 31, 2009.
2. Paul Gowing reported that the Bluevale Recreation will have an Open House
for the Sports Pad
on October 4, 2009 from 12 to 3 pm. A small amount of landscaping needs to be
done.
The Mayor suggested that the MVCA should be invited. Paul Gowing had questions
on how
the recreation facilities should be handled as no one wants to sign the liquor
licence for events.
He also advised that some grass was not cut this year.
16) Items for Information:
1. AMO – Federal Gas Tax Fund Commnications Update
2. Styrofoam Recycling and Tire Recycling Program
3. Creating Jobs: Delivering Results
4. The Men of Huron – A Book of Honour and Remembrance
5. County of Huron Appreciation and Recognition Day for Emergency Workers
6. Township of Howick – Zoning bylaw
Amendment
7. News Release – Harper Government Launches New Economic Development
Agency for
Southern Ontario
8. Giant Weed more than an Irritant
9. Wingham Force Main Replacement
10. Heads Up Alert – Harmonized Sales Tax Statement
11. AMO – Ontario Government Consultation
– Safeguarding and Sustaining Ontario’s
Water
Resources for Future Generations
12. Murdered Chid’s Dad Cycles to Edmonton to Raise funds/Awareness for ‘Child Find’
13. Provincial – Municipal Fiscal and Service Delivery Review Update
14. Canada’s Economic Action Plan to Improve Broadband Internet Access in Rural Canada
15. Bruce Sector Nuclear Awareness Workshop
16. Basic Emergency Management Course
17. Request for Drainage Repairs
18. Municipal Act/City of Toronto Act Regulation Amendments.
19. 2009 Gala Dinner & Auction – October 24, 2009
20. Huron-Bruce Conservative Riding Association – Luncheon & Auction
21. YNH Books – “Thoughts of Our Canadian Soldiers at War (2008 Edition)”
22. MVCA – Maitland Valley Low Water Response
23. AMO – Out Trip Registration
24. Frank Cowan Company – News & Views
25. AMO – Green Energy Act
17) Minutes:
The following minutes were available for review:
1. Wingham and Area Fire Board Meeting
2. Maitland Valley Conservation Authority
3. Belmore Arena Board
4. Wingham & Area Health Professionals Recruitment Committee
18) Other Business:
1. MVCA BBQ September 9,2009. Dorothy Kelly will be going. Jim Nelemans has
sent membership.
2. There was no other business to present.
19) Additions to the agenda for the next meeting:
1. A special meeting of council will be held on September 24th at 7:30 pm for the following items:
· Fire Service areas
· McCutcheon and Bryce Drain Reports
· Committee Structure
· Park Maintenance
· Liquor Licence for Bluevale
Keith Roulston left the meeting.
20) Closed Session:
1. Belgrave Water Arbritation
2. Gregory Drain
3. Personnel matter at the Belgrave Kinsmen Park
20.1 Enter into Closed Session: 9:50 pm
Motion: 399-09 Moved by Bill Thompson Seconded by Edna McLellan
“That the Council adjourn the Public Session of Council and enter into a Closed to the Public Session
for a matter pursuant to the Municipal Act, Section 239 (2) (b) Identifiable
Individual and Litigation
Section 239 (2) (e).”
Disposition Carried
20.2 Adjourn the Closed Session: 10:20pm
Motion: 400-09 Moved by Paul Gowing Seconded by Edna McLellan
“That the Council adjourn the Closed to the public session and re-enter regular open session of council.”
Disposition Carried
20.3 Report to the Public from Closed Session.
Council discussed confidential issues.
21) By-law 60-2009 Confirming by-law
Motion: 401-09 Moved by Lynn Hoy Seconded by Paul Gowing
"That By-law No. 60 -2009 be passed as given
first, second, third and final readings,
being a by-law to Confirm the actions of the Municipality of Morris-Turnberry
for the meeting September 1, 2009."
Disposition Carried
22) Adjournment:
Motion: 402-09 Moved by Edna McLellan Seconded by Jim Nelemans
"That the meeting be adjourned at
10:20 pm. and this is deemed to be
2-4 hour meeting "
Disposition Carried
_________________________
Mayor – Dorothy Kelly
__________________________
Clerk- Nancy Michie