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519-887-6137

Meeting Minutes

Tuesday September 18, 2012


Tuesday September 18, 2012

"ANY MINUTES POSTED BEFORE APPROVED BY COUNCIL ARE ONLY DRAFT MINUTES!!!"
MUNICIPALITY OF MORRIS-TURNBERRY
COUNCIL CHAMBERS
41342 Morris Road
Tuesday  September 18,  2012 7:30 pm 
Minutes of the Meeting 

1) Call to order:  The meeting was called to order by Mayor Paul Gowing at 7:30 pm with all members in attendance for the call to order.

Council in Attendance:
Paul Gowing
Jason Breckenridge
David Baker
Jamie Heffer                            
Jamie McCallum                      
John Smuck
Neil Warwick


Staff in Attendance:
Nancy Michie                Administrator Clerk Treasurer
Kim Johnston                Deputy Clerk
Carol Leeming               Planner

Others in Attendance:
Keith Roulston              The Blyth/Brussels Citizen
Jackie Riggs                  The Wingham Advance Times

Henry Van Heesch arrived at the meeting at 7:30 pm.

2) Agenda:

Two   items  were added to the agenda:
1. Browntown Road Culvert Extension
2. Bluevale Hall Water Report  to the agenda for consideration, as the items were of an urgent nature.
3. The Clerk advised the Council that she will leave the council table for Item 9.15.

Adoption of Agenda:
Motion:  378-2012      Moved by Jamie Heffer                      Seconded by John Smuck
“That the agenda for the meeting of   September 18th, 2012 be adopted as amended.”
Disposition                       Carried

3) Declaration of Pecuniary Interest:
Jason Breckenridge declared a pecuniary interest for Item No.17.3 Closed Session, since the item is a drainage issue,  for a relative. No other member declared a pecuniary interest, at this time.

4) Minutes:

Motion:  379-2012       Moved by Jason Breckenridge           Seconded by Neil Warwick
“That the minutes of the September 4th, 2012 Council Meeting, be adopted as circulated.”
Disposition                       Carried

5)  Business from the Minutes
There was no other business from the minutes to be discussed.

6) Accounts
Motion:  380-2012      Moved by Jason Breckenridge             Seconded by Jamie McCallum
"That the Accounts dated September 18th, 2012 be approved for payment in the amount of  $ 814,209.01.”
Disposition      Carried

Carol Leeming arrived at the meeting.

7)  Planning:

7.1    Zoning Amendments:                               7:40 pm
Carol Leeming – Huron County Planner

Subject Lands:   N ½ of Lots 3 & 4 Concession 7, Morris Ward Owner:   Fear Family Farms Ltd Wayne and Paul Fear were in attendance.

1.  Call to order -                                by Mayor Paul Gowing
2.  Purpose of the Public Meeting –   Mayor Gowing

PURPOSE AND EFFECT

The purpose of the application is to change the zoning on the N ½ Lots 3 & 4,Concession 7, Morris Ward, Municipality of Morris-Turnberry:

  • from ‘General Agriculture (AG1)’ to ‘General Agricultural-Special Provisions (AG1-16)’; and
  • from ‘General Agriculture (AG1)’ to ‘Agricultural Small Holding (AG4-39 )’.

The rezoning is required as a condition of surplus residential consent application File B 28/12. 
The land to be zoned AG4 has an existing residence, 2 sheds, barn and is approximately 1.64 hectares (4.05 acres).

3. County Planning Department – Carol Leeming recommended that the zoning by-law amendment application be approved pursuant to the planning report, dated September 13, 2012,    with a change of one accessory shed in the front yard.

4. Comments Received – Nancy Michie advised that no other comments were received.

5. Applicants comments – Wayne Fear advised that the consent conditions are being worked on.

6. Public comments – The public had no comments.

7. Council comments and questions – The Council had no comments or questions.

8.  Explanation of the Process following the Public Meeting by Mayor Gowing
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:  381-2012      Moved by John Smuck                        Seconded by Jason Breckenridge
“That the meeting be adjourned and re-enter regular session of council.”
Disposition      Carried

7.2  By-law:

1.  Amendment:
Motion:  382-2012      Moved by John Smuck                        Seconded by Dave Baker
“That the amendment to the circulated by-law for the Fear Family Farms application, to  recognize the accessory shed in the front yard, which is minor in nature, pursuant to  Section 34 (17) of the Planning Act, and does not require recirculation.”
Disposition    Carried

1. By-law:
Motion:  383-2012      Moved by Jamie McCallum     Seconded by Neil Warwick
“That By-law No. 64   -2012  be passed as given first, second, third and final readings, being a by-law to change the zoning from ‘General Agriculture (AG1)’ to
‘General Agricultural-Special Provisions (AG1-16)’; and from ‘General Agriculture (AG1)’ to ‘Agricultural Small Holding (AG4-39)’,   for N ½ of Lots 3 & 4 Concession 7, Morris Ward,Municipality of Morris- Turnberry .”
Disposition   Carried

Wayne Fear and Paul Fear left the meeting at 7:50 pm.

7.3    Zoning Amendments:                                                                7:50 pm
Carol Leeming – Huron County Planner

Subject Lands Lot 11, South Part Lot 12, Plan 166, (Bluevale), Turnberry Ward
Owner:   Henry Van Heesch – property owner and ratepayers- Fred Andrews and  Margaret  ( Joyce)  Noble was in attendance.

1.  Call to order -                                by Mayor Paul Gowing

2.  Purpose of the Public Meeting –   Mayor Gowing

PURPOSE AND EFFECT

The purpose of the application is to change the zoning on the Lot11, South Part Lot 12,
Plan 166, (Bluevale), Turnberry Ward, Municipality of Morris-Turnberry:

  • from Institutional Zone (II) to Village Residential (Low Density) – Special Zone (VR1-20) to permit a residence.  A structure formerly used as a church exists on the lot.  The
    special zone recognizes a reduced lot area, reduced front yard set-back, and recognizes a reduced lot area, reduced front yard set-back, and recognizes the height of the building.

The lot is approximately 1,486 square metres (15,995 square feet) in size and is currently serviced by a private well and septic system.

 

3.  County Planning Department – Carol Leeming recommended that the zoning by-law amendment application be approved pursuant to the planning report, dated September 13, 2012.

4. Comments Received – Nancy Michie advised that no other comments were received.

5. Applicants comments – Henry Van Heeschasked what Residential Low Density is and he said there is an old driveway.

6. Public comments – The public had no comments.

7. Council comments and questions – The Council asked if it is going to be a multi-residence and would like to see an entrance installed,  with application made to the Director of Public Works.

8. Explanation of the Process following the Public Meeting by Mayor Gowing
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:                                                                         8:05 pm
Motion:  384-2012                  Moved by Jason Breckenridge             Seconded by Jamie McCallum
“That the meeting be adjourned and re-enter regular session of council.”
Disposition      Carried

7.4  By-law:

1. By-law:
Motion:  385-2012      Moved by Jamie Heffer                       Seconded by John Smuck
“That By-law No. 65    -2012  be passed as given first, second, third and final readings,  being a by-law to change the zoning from from Institutional Zone (II) to Village Residential
(Low Density) – Special Zone (VR1-20) to permit a residence, in a  structure formerly used as a church , which exists on the lot,  at Lot11, South Part Lot 12, Plan 166, (Bluevale),
 Turnberry Ward, Municipality of Morris-Turnberry.”
Disposition      Carried                    Unanimous

Carol Leeming and Henry Van Heesh, Fred Andrews and Margaret Noble,   left the meeting at 8:05 pm.

8) Deputation:

  • Doug Gollan wished to present a letter to the Council.
  • The Nature of the letter was unknown.
  • He entered the council room prior to the allotted time and left.
  • Doug Gollan was not at the meeting at 8:05 pm, so the council proceeded with the next item of business. 

9) Business

9.1  Source Protection Policies Report
A report was presented to advise the council of the information from the September            
13th workshop,  on  the Source Protection.
The Council said that a presentation should be made by the Ausable Bayfield Conservation
Authority, when the proposal for the Risk Management service is received.

9.2  Business Retention Plan
The Mayor and 1 council representative is required for the committee.
2 entrepreneurs from the community, are required.    A listing of names for consideration  will be reviewed in the Closed session, due to identifiable individuals.
Proposed Meeting Date is September 27th at 7:00 pm.

Motion:  386-2012      Moved by John Smuck                        Seconded by Neil Warwick
“That the Council of the Municipality of Morris-Turnberry hereby appoint the following council representatives for the BR+E action team:  Paul Gowing and Jason Breckenridge.”
Disposition      Carried

9.3  North Huron Economic Development Committee
Pending approval by North Huron for Morris –Turnberry to be represented on the committee, the Council will decide who the appointments to the committee, will be.

Motion:  387-2012      Moved by Jason Breckenridge             Seconded by Jamie Heffer
“That the Council of the Municipality of Morris-Turnberry hereby defer the appointment of Council to the North Huron Economic Development Committee, until a report has been
received from North Huron. .”
Disposition      Carried

9.4  Costs Associated with the OMB Hearing
A Cost Report was reviewed by the Council.  A final report will be presented to the council, upon receipt of all costs.

9.5  Asset Management Plan/Funding
The Council reviewed the report dated as of July, 2012.

Motion:  388-2012      Moved by Jason Breckenridge Seconded by John Smuck
That the Council of the Municipality of Morris-Turnberry hereby receive the Asset  Management Plan/ Funding Report, dated September 18,2012  with respect to the Municipal
Infrastructure Investment Initiative; And to proceed to develop and implement an asset management plan, which will be required for future provincial funding for infrastructure;
And to engage Public Sector Digest/City Wide to assist in responding with the Expression of Interest form,   and pending the approval of funding,    develop the municipality’s Asset
Management Plan, and provide the analytical tools, software, implementation, training and required support; And that the Expression of Interest will be presented to the Council on October 2nd, for final approval.”
Disposition      Carried

9.6  Huron County Mandatory Septic System Maintenance Program
A report was reviewed by the Council.
Motion:  389-2012      Moved by Jason Breckenridge             Seconded by Jamie Heffer
“That the Council of the Municipality of Morris-Turnberry direct the Clerk to draft a letter of resolution in opposition to the Huron County Mandatory Septic System Maintenance Program proposal and send the resolution to all the Municipalities in Huron County; the Council will review the resolution on October 2, 2012.”
Disposition      Carried

9.7  Proposed Rombouts Pit
A proposal of a new gravel pit on North Part Lot 21 Concession 8 was reviewed for Council’s  information.
Mayor Paul Gowing will attend the open house on October 2, 2012.

9.8  Ombudsman Report
Re:  Closed Meetings of Council
The Ombudsman Report was available for the Council’s review.
There will be costs as part of the process.

Motion:  390-2012      Moved by Dave Baker                         Seconded by Jamie Heffer
“That the Council of the Municipality of Morris-Turnberry hereby receive ‘the Report from the Ontario Ombudsman Office’,  dated August 30,2012,   due a Complaint
received concerning  Closed Meetings of Council held on November 22, December 6, and December 20,2011;  and that the report be posted on the Municipal Website for Public review.”
Disposition      Carried

9.9   Automated Collection
A report was presented for the Council’s review.

Motion:  391-2012      Moved by Jason Breckenridge Seconded by Dave Baker
“That the Council of the Municipality of Morris-Turnberry receive the Curbside Collection report, dated September 12, 2012.”
Disposition      Carried

9.10  Council Composition:
A Report was reviewed by the Council and discussion followed.

Motion:  392-2012      Moved by Jason Breckenridge Seconded by Neil Warwick
“That the Council of the Municipality of Morris-Turnberry receive the Council Composition Report, dated September 18,2012   and take the following action:
That a By-law be prepared to change the composition of Council to -  4 Councilors at large, 1 Mayor at large;    the Deputy Mayor position will be filled
by the Councilor with the most votes.”

Jason Breckenridge requested a recorded vote.

John Smuck                 Yea
Jason Breckenridge      Yea
Paul Gowing                Yea
Jamie Heffer                Nay
Dave Baker                  Yea
Neil Warwick               Yea
Jamie McCallum          Nay

Disposition      Carried

9.11  Dissolution of the Ward System:
A Report was reviewed by the Council and discussion followed.

Motion:  393-2012      Moved by Jason Breckenridge             Seconded by John Smuck
“That the Council of the Municipality of Morris-Turnberry receive the Dissolution of the Ward System  Report, dated September 18,2012   and take the following action:
that a by-law be prepared for consideration by council,  for the Dissolution of the Ward System.”

Jason Breckenridge requested a recorded vote.

Dave Baker                  Nay
Neil Warwick               Yea
Jamie McCallum          Nay
John Smuck                 Yea
Jason Breckenridge      Yea
Jamie Heffer                Nay
Paul Gowing                Yea

Disposition      Carried

9.12  Fire Issues

1.  Report from the  September 6th Meeting
with North Huron, Morris-Turnberry and Ontario Fire Marshall
A report was reviewed by the Council.
The Council asked that Morris-Turnberry,  request a copy of the North
Huron  minutes  from  September 6, 2012.

Motion:  394-2012      Moved by Jamie McCallum     Seconded by Dave Baker
“That the Council of the Municipality of Morris-Turnberry receive the Morris- Turnberry Fire Meeting Report, of the September 6th, 2012  meeting.”
Disposition      Carried

Motion:  395-2012      Moved by John Smuck                        Seconded by Dave Baker
“That a matter be  discussed concerning an Identifiable Individual from the Fire Meeting on September 6,2012,  be added to the Closed Session.”
Disposition      Carried

2. Public Comment Letter
In regards to the options for Fire Service.

Motion:  396-2012      Moved by Jason Breckenridge             Seconded by John Smuck
“That the Council of the Municipality of Morris-Turnberry authorize the Clerk to send out the revised form of the Public Comment Letter in regards to the Options for
Fire Service for the Municipality of Morris-Turnberry.”
Disposition      Carried

9.13 Servicing Options- Discussion Paper from North Huron
A report was reviewed by the Council.

Motion:  397-2012      Moved by Jason Breckenridge             Seconded by Dave Baker
“That the Council of the Municipality of Morris-Turnberry file the Servicing Options information from North Huron.”
Disposition      Carried

9.14    F E Madill Secondary School Awards:
The ceremony is Friday, October 19th.
Paul Gowing will attend the ceremony.

A form was submitted,   to appoint Kim Johnston to record the minutes for Item 9.15.
The Clerk Nancy Michie left the roomand the Kim Johnston recorded the minutes.

9.15    Drainage Petition:
Petition for Drainage Works
Npt Lot  7  , Concession 6 – Morris Ward

Motion:  398-2012      Moved by Jason Breckenridge             Seconded by Jamie McCallum
“That the Drainage Petition, submitted for the  NPt  Lot 7,  Concession 6, Morris Ward, be accepted for an improvement to the Coultes Municipal Drain, to provide for adequate
drainage for the Npt of Lot 7   Concession 6, Morris Ward;  and Dietrich Engineering Services be appointed to prepare a drainage report under Section  78 of the Drainage Act.”
Disposition      Carried

The Clerk returned to the table.

10) Public Works:
10.1 Date for Fall Road Tour
September 29, 2012.  Neil Warwick is unable to attend.

11)  By-laws:

11.1 Evans Municipal Drain

Motion:  399-2012      Moved by Neil Warwick          Seconded by John Smuck
"That By-Law No. 62-2012 be adopted as given first, second, third and final readings being a by-law to amend By-Law No. 64-2011  to provide for a lessor amount for the
Evans Municipal Drain - 2011, for the Municipality of Morris-Turnberry.”
Disposition      Carried

12)  Council Reports:

Jason Breckenridge:  No report

Jamie McCallum:
He attended a CHIP meeting on September 12th.  All is going well.

Jamie Heffer:
He attended a Belmore Community Centre meeting.  They are tendering for a new furnace. 
They have priced new doors for accessibility,   however that project is on hold.

David Baker:   No report

John Smuck:
He attended a Doctor Recruitment meeting.  The Golf Ball Drop made a profit of $7,000.00. A Murder Mystery fundraiser is being planned.

Neil Warwick:  No report

Paul Gowing:

  • He worked at the History Book booth at the  Pioneer Thresher’s on September 8th.
  • He attended a North Huron service meeting on September 10th.
  • On September 13th he attended the Source Protection Workshop at the Wescast Complex.
  • On September 18th he will attend the Brussels Fair.
  • On September 12th he attended the Elementary School Fair.

13) Items for Information:
1.  MPAC – Update
2.  Request for Drainage Repairs – Spt Lot 21 Con 3
3.  Request for Drainage Repairs – Lot 2 Concession B
4.  Request for Drainage Repairs – N ½ Lot 8 Concession 6
5.  Request for Drainage Repairs – Npt Lot 18 Concession 3
6.  Notice of Project Change – St. Columban Wind Project
7.  Notice of Final Public Meeting - St. Columban Wind Project
8.  Aboriginal Affairs and Northern Development Canada – Chippewas Land Claim
9.  Source Protection Stewardship – Program funding
10.  Thankyou from James Marshall

14) Minutes                                         
There were no minutes available for review.

15) Other Business:

1.  Browntown Road Culvert Extension

Motion:  400-2012      Moved by John Smuck                        Seconded by Jamie Heffer
“That the Council of the Municipality of Morris-Turnberry authorize the extension of the Browntown Road Culvert Extension,  to 2013,    as  requested by VanDriel Excavating Inc 
and recommended by B M Ross and Associates Limited.”
Disposition      Carried

2.  Bluevale Hall Water
The Council was given an update and the costs to date.  
The Adverse water notice has been lifted.

3.  1.  There was no other business to present

16) Additions to the agenda for the next meeting:
1. Report on the Vested  property in Walton.
2. There was no other business to add to the agenda for the next or any following meeting.

17) Extension of the Meeting:
Motion:  401-2012      Moved by John Smuck                        Seconded by Jamie McCallum
“That the meeting be extended past 10:30 pm.”
Disposition       Carried

18) Closed Session:

1. Listing of Persons for consideration for committees:   under s. 239 (2) (b) personal matters about  an identifiable individual
2. Two requests for tax refunds,   under s. 239 (2) (b) personal matters about  an identifiable individual
3. Request from an individual for paying a Municipal Drainage payment over a three year period,  under s. 239 (2) (b) personal matters about  an identifiable individual
4. Discussion concerning an identifiable individual from the Fire Meeting on September 6,2012,   under s. 239 (2) (b) personal matters about  an identifiable individual

Keith Roulston, Jackie Riggs and Kim Johnston left the meeting at 10:30pm.

Break:   The Council took a short break.

1.1  Enter into Closed Session:                                            10:30 pm
Motion:  402-2012      Moved by Jamie McCallum     Seconded by John Smuck
“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)  personal matters concerning an identifiable individual-
1. Listing of Persons for consideration for committees
2. Two requests for tax refunds
3. Request from an individual for paying a Municipal Drainage payment over a three year period
4. Discussion concerning an identifiable individual from the Fire Meeting on September 6, 2012, under s. 239 (2) (b) personal matters about  an identifiable individual.”
Disposition      Carried

1.2   Adjourn the Closed Session:                                       11:12 pm
Motion:  403-2012      Moved by Jason Breckenridge                         Seconded by Jamie Heffer
“That the Council adjourn the Closed to the public session and re-enter regular open session of council.”
Disposition      Carried

1.3     Report to the Public from Closed Session.
The Council discussed four matters concerning identifiable individuals, two tax  refunds, one drain, and fire report.

1.4  Action from the Closed Session:
Refunds:
Motion:  404-2012      Moved by Jamie Heffer                       Seconded by Jamie McCallum
“That the Council of the Municipality of Morris-Turnberry approve of the following requests:
1. Tax Refund for Property  Roll Number:  4060 540 004 00300, 4060 540 004 00400,  4060 540 004 00500, 4060 540 004 04100
2. Tax Refund for Property Roll Number :  4060 490 001 04200
3. Municipal Drainage Payment for Property  Roll Number:    4060 540 002 02500
4. That a Letter be sent to North Huron, requesting the detailed Operation Budget for the North Huron Fire Department.”
Disposition      Carried

19) By-law 63 - 2012    Confirming by-law

Motion:  405-2012       Moved by John Smuck                       Seconded by Jason Breckenridge
"That By-law No. 63-2012 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 18, 2012."
Disposition      Carried

20) Adjournment:
Motion:  406-2012      Moved by Jason Breckenridge             Seconded by Dave Baker
"That the meeting be adjourned at 11:15 pm. and this is deemed to be a 2 – 4 hour meeting."
Disposition      Carried

                                                                                                     Mayor, Paul Gowing

                                                                                    Clerk, Nancy Michie