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519-887-6137

Meeting Minutes

Tuesday November 6, 2012


Tuesday November 06, 2012

"ANY MINUTES POSTED BEFORE APPROVED BY COUNCIL ARE ONLY DRAFT MINUTES!!!"
MUNICIPALITY OF MORRIS-TURNBERRY
COUNCIL CHAMBERS
41342 Morris Road
Tuesday, November 6, 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
Steve Fortier                  Chief Building Official
Gary Pipe                      Director of Public Works


Others in Attendance:
Keith Roulston                         The Blyth/Brussels Citizen
Jackie Riggs                             The Wingham Advance Times
John Schwartzentruber  Ratepayer
Emanuel Martin , Edith Martin, Levi S. Weber, Levi E. M. Weber, Jason Hugill
Ralph and Sharon Darlow
Pat O’Neil
Murray Fischer

2) Agenda:
The Clerk requested the Revised Quote for the History Book to be added to Item #12 Minutes.

Adoption of Agenda:
Motion:  444-2012      Moved by Jason Breckenridge            Seconded by John Smuck
“That the agenda for the meeting of   November 6th, 2012 be adopted as amended.”
Disposition                       Carried

3) Declaration of Pecuniary Interest:
Neil Warwick declared a pecuniary interest for Item No. 6 Accounts, since there is a roads payment for his business.
Dave Baker declared a pecuniary interest for Item No. 8.2 Nichol Municipal Drain since he is a property owner.
No other member declared a pecuniary interest, at this time.
4) Minutes:
Motion:  445-2012       Moved by Jason Breckenridge           Seconded by Jamie Heffer
“That the minutes of the October 16th, 2012 Council Meeting, be adopted as circulated.”
Disposition                       Carried

Carol Leeming arrived at the meeting at 7:35 pm.

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

6) Accounts
Motion:  446-2012      Moved by Jason Breckenridge             Seconded by Neil Warwick
"That the Accounts dated November 6th, 2012 be approved for payment in the amount of  $ 290,657.45  .”
Disposition      Carried

Neil Warwick declared a pecuniary interest and left the table and the room.

Motion:  447-2012      Moved by Jamie Heffer                       Seconded by Jamie McCallum
“That the account of Neil’s Repair Service in the amount of $931.69 be approved for payment.”
Disposition      Carried

Neil Warwick returned to the table.

Ralph   Darlow and Sharon Darlow arrived at the meeting.

7) Planning:                                                                                             7:40 pm
7.1 Consent Application:

Carol Leeming - Huron County Planner
Jason Hugill – Landowner;

Emanuel Martin , Edith Martin, Levi S. Weber, Levi E. M. Weber, Jason Hugill were in attendance.

Application for Consent for Lot 1 Concession 5, Turnberry Ward -   Surplus residence application

Carol Leeming presented the planning report, which recommends deferral of the application until the new Huron County Official Plan is in effect.

Motion:  448-2012      Moved by John Smuck                        Seconded by Jamie McCallum
“That the Council of the Municipality of Morris-Turnberry  recommend consent for File # B49/2012 with the conditions as noted on the planning report dated October 31, 2012
and also the condition for a farm entrance.”
Disposition      Carried

7.2 Consent Application:

Carol Leeming - Huron County Planner
Ralph and Sharon Darlow – Landowners were in attendance.

Application for Consent for  Pt Lot 14  Concession 3,  Morris Ward - Surplus residence application

Carol Leeming presented the planning report, recommending approval.

Motion:  449-2012      Moved by Jason Breckenridge Seconded by John Smuck
“That the Council of the Municipality of Morris-Turnberry  recommend consent for File # B54/2012 with the conditions as noted on the planning report dated October 31, 2012.”
Disposition      Carried

Carol Leeming, Emanuel Martin , Edith Martin, Levi S. Weber, Levi E. M. Weber, Jason Hugill, Ralph Darlow and Sharon Darlow left the meeting at 8:10 pm.

Bill Dietrich and Gary Pipe arrived at the meeting for the Drainage Reports.

8) Business:
Dave Baker declared a pecuniary interest and left the table for the Nichol Municipal Drain.

8.1 Branch ‘B’ of the Hopper Municipal Drain Report – 2012              8:15 pm
Bill Dietrich- Dietrich Engineering Limited  and Gary Pipe – Director of Public Works,  were in attendance.

1. Presentation of Report- under Section 76 of the Drainage Act of the New Assessment Schedule.

 

2. Under Section 76 of the Drainage Act,   the person who signed the request is
        not given an opportunity to withdraw, because they are only requesting improvements
        to the drain.

 

3. Consideration of By-law:

Motion:  450-2012      Moved by Jamie Heffer                       Seconded by Neil Warwick
"That By-Law No. 70 -2012 be adopted as given first and second readings, being a by-law to provisionally adopt the Branch ‘B’ Hopper Municipal Drain Report-2012.”
Disposition      Carried

4. Date of Court of Revision :
Motion:  451-2012      Moved by Jason Breckenridge             Seconded by Jamie McCallum
"That the Court of Revision for the Branch ‘B’ Hopper Municipal Drain be set for December 4, 2012.”
Disposition      Carried

8.2       Nichol Municipal Drain Report – 2012
Bill Dietrich- Dietrich Engineering Limited  and Gary Pipe – Director of Public Works,  were in attendance. Landowners Murray Fischer,  Dave Baker  and Pat O’Neil were in attendance.

1. Presentation of Report- under Section 4 and Section 78 of the Drainage Act.

 

2. Under Section 4 & 78 of the Drainage Act,   the person who signed the request under Section 78,   is not given an opportunity to withdraw, because they are only requesting
improvements to the drain.   However, under Section 4, the petitioner may withdraw at this time. Therefore, Murray Fischer and Marlene Fischer may withdraw their name, in regards to the Section 4 portion of the drainage works.

Murray Fischer stated, they are not withdrawing their names.

3.         Consideration of By-law:

Motion:  452-2012      Moved by Neil Warwick          Seconded by Jason Breckenridge
"That By-Law No. 69 -2012 be adopted as given first and second readings, being a by-law to provisionally adopt the Nichol Municipal Drain Report-2012.”
Disposition      Carried

4.         Date of Court of Revision and Instruction to tender:
Motion:  453-2012      Moved by Jason Breckenridge Seconded by John Smuck
"That the Court of Revision for the Nichol Municipal Drain be set for December 4, 2012 and the project be tendered for results to be presented on the same date December 4, 2012
tender to close November 30, 2012.”
Disposition      Carried

Dave Baker returned to the table.

Bill Dietrich, Gary Pipe, Murray Fischer and Pat O’Neil left the meeting at 8:40 pm.

8.3       Mandatory Septic System Maintenance

1.  The report was presented  for Council’s review.
Motion:  454-2012      Moved by Neil Warwick          Seconded by Jamie Heffer
“That the Council of the Municipality of Morris-Turnberry  advises  the County of Huron that the Municipality of Morris-Turnberry,   does not support  the implementation 
of the Huron County Mandatory Septic System Maintenance Program., by the County of Huron.”
Disposition      Carried    Unanimous

8.4       Dissolution of the ‘Ward System of the Electoral Representation’
Proposed   By-law

Motion:  455-2012      Moved by Jamie McCallum     Seconded by  no seconder


“That there be a public vote for the dissolution of the ‘Ward System’.”

“The Motion lacked a seconder and failed.”

 

Motion:  456-2012      Moved by Jason Breckenridge             Seconded by John Smuck
“That the Council of the Municipality of Morris-Turnberry approve that the By-law for the dissolution of the ‘Ward System of the Electoral Representation’ be presented to
the Council on November 20th, 2012.”

John Smuck requested a recorded vote.

Jamie Heffer                nay
John Smuck                 yea
Neil Warwick               yea
Paul Gowing                yea
Dave Baker                  yea
Jason Breckenridge      yea
Jamie McCallum          nay

Disposition      Carried

8.5       Council Composition

1.  Council Composition and Costs of Lower Tiers Report
A report was presented for Council’s review.

2.  Composition of the Council Draft By-law
Motion:  457-2012      Moved by Neil Warwick                      Seconded by Dave Baker
“That the Council of the Municipality of Morris-Turnberry approve that the By-law for the ‘Change in Composition of Council’ be presented to the Council on November 20th, 2012.”
Disposition      Defeated

 

Motion:  458-2012      Moved by Jason Breckenridge                         Seconded by John Smuck
“That the Council of the Municipality of Morris-Turnberry instruct the Clerk to amend the ‘Change in Council Composition  By-law ‘, that the Council consist of  1 Member as the
Head of Council;   and  5 Councillors, to be elected  ‘at large’ ,   pursuant to dissolution of the ‘Ward System’;  this by-law will be presented to Council  on November 20, 2012.”

Jason Breckenridge requested a recorded vote.
John Smuck                 yea
Paul Gowing                nay
Dave Baker                  nay
Jamie McCallum          yea
Neil Warwick               nay
Jamie Heffer                yea
Jason Breckenridge      yea

Disposition                  Carried

Steve Fortier joined the meeting at 9:10 pm.

Break:   The Council took a short break at 9:10 pm and returned to the table at 9:15 pm.

8.6  North Huron Economic Development Advisory Committee            attached
North Huron approved the recommendation for Morris-Turnberry  representation to sit on the
committee. The next meeting will be November 19, at 9:30 am at the North Huron Council Chambers.

This item will be deferred until after the closed session.

 

8.7   November 11th Remembrance Day
1. The Morris-Turnberry staff will be off Monday, November 12, 2012
2.  Remembrance Day Services in Brussels and Wingham.
Paul Gowing will attend the Wingham Service and Dinner and Dave Baker will   attend the Brussels service.
3.  Poem of Remembrance  for information.

8.8  Drinking Water Source Protection
1.   Ausable Bayfield Maitland Valley Conservation Authority Proposed Source
Protection Plan was available for Council’s review.

2.  Workshop Proceedings
A Report was given to Council for Council’s information.

 

3.  Proposal from Ausable Bayfield Conservation Authority:
Source Water Protection Enforcement Proposal was presented  for Council’s review.
Jenna Allain from the Ausable Bayfield  Conservation Authority will be asked for
a presentation to Council on November 20, 2012, for the Source Water Protection.

4.  Drinking Water Source Protection – Workshop
Paul Gowing plans to attend -  Friday, November 9th, Walkerton

5. Ausable Bayfield Open House will be in Clinton on November 22, 2012 and
Listowel on November 17,2012
.    Several  members plan to attend.

8.9       2012/2013 Agricultural Drainage Infrastructure Program
A Report was presented for Council’s information.    The approved grant is $12,130.00, which is the funding applied for.

8.10    Cost Comparison for Fire Costs
A report was presented for the Council’s information, for cost sharing of the fire suppression costs,  based on area, assessment and population.

8.11     Results of the Survey for Fire Survey
A report on the results of the survey was available for Council’s review.

Motion:  459-2012      Moved by John Smuck                        Seconded by Jason Breckenridge
“That the Council of the Municipality of Morris-Turnberry receive the results of the Options for Fire Service Survey, dated November 6,2012.”
Disposition      Carried

8.12     Brussels Cemetery Burial
Huron East has billed the Municipality of Morris-Turnberry, based on the 2011 motion,
to pay $250.00 per burial.

8.13     2012 Christmas Parades

1.  Wingham Saturday, November 24, 2012 11 am

2.  Brussels Saturday, December 1st, 2012 5 pm

8.14     2012 Ontario West Municipal Conference
Friday, November 16, 2012
Jamie McCallum is registered.  No one else will attend.

8.15     Wingham & Area Health Professionals Recruitment

Motion:  460-2012      Moved by John Smuck                        Seconded by Jason Breckenridge
“That the Council of the Municipality of Morris-Turnberry approve a donation in the amount of twenty five  (25) $5.00 gift cards to the Wingham & Area Health Professionals
Recruitment, in recognition of Doctor Appreciation Week.”
Disposition      Carried

8.16  Other Meeting Dates:
1.  Emergency Meeting
Tuesday, November 13th at 7:30

2.  Human Resources Meeting
Tuesday, November 27th  at 7:30

9)  By-laws:

9.1       By-law for Pioneer Drive

Motion:  461-2012      Moved by Jamie Heffer                       Seconded by Jamie McCallum
"That By-Law No. 71-2012 be adopted as given first, second, third and final readings being a by-law to establish, assume, dedicate and open the following as highway being part
of ‘Pioneer Drive’, Part of Lots 7 and 8, Concession 1, originally Township of Turnberry, now Municipality of Morris-Turnberry, being Part 2, on Reference Plan 22R-5742,
for the Municipality of Morris-Turnberry.”
Disposition      Carried

10) Council Reports:

Jason Breckenridge:
He attended a MVCA meeting, the minutes are attached. He has a Bluevale Hall Board meeting next Tuesday, to attend, however will be attending the Emergency Planning Meeting on the same date.

Jamie McCallum:
He attended the Ward Meeting November 1, 2012.

Jamie Heffer:
He attended an Airport meeting.  They discussed Aerospace.  The committee was asking about the status of the OPA.  The committee asked if Morris-Turnberry would help to advertise the jet rally. 
A letter will be  drafted to send to Ben Lobb regarding air space protection.

David Baker:  No report

John Smuck:  No report

Neil Warwick:  No report

Paul Gowing:
He attended the Public meeting on November 1st and felt it was productive.
He attended the History Book meeting on November 5th.
He attended the Warden’s Banquet on November 2nd.
He will attend the Pioneer Opening on November 8th.

11)       Items for Information:
1.  Thank you – Delicia Streicher
2.  Thank you – Claudia deJong
3.  2-13 OWWA/OMWA Joint Annual conference & OWWEA Trade Show
4.  United Way Perth Huron – Thank you
5.  Notice of Public Meeting – North Huron
6.  Request for Municipal Drainage Repairs – concession 3 N ½ Lot 10
7.  AMO – Post Traumatic Stress Bill
8.  Water Finance Research Foundation – Water Main Breaks
9.  Ministry of Infrastructure – 60 Day Consultation
10. Saugeen Conservation Newsletter
11. Huron County – Warden’s Election and Inaugural Session – Dec 5th 1:00 pm
12. The Ontario Aggregate Resources Corporation – 2011 Annual Report

12) Minutes                                                                                                                                                          
                                   
1.  MVCA - Minutes
2.  History Book Minutes – The Council reviewed the amended Contract for the History Book, with an increase in cost of $ 24,260.00.

13) Other Business:
1.     North Huron Strategic Plan meeting will be on November 13th. John Smuck will attend.

2.     There was no other business to present

14)  Additions to the agenda for the next meeting:
1.      There was no other business to add to the agenda for the next or any following meeting.

Extension of the Meeting:
Motion:  462-2012      Moved by John Smuck                        Seconded by Jason Breckenridge
“That the meeting be extended past 10:30 pm.”
Disposition       Carried.

Keith Roulston, Jackie Riggs and John Schwartzentruber left the meeting.

15)  Closed Session:

1.      Letter Concerning an identifiable Individual  , Section 239 (2)   (b)  personal matters
concerning an identifiable individual-

2.      Sale of Property – Avon Maitland School Board , Section 239 (2) (c) a proposed or pending acquisition  or disposition of land by a municipality  or a local board;

3.      Request for a Tax Adjustment Section 239 (2)   (b)  personal matters concerning an identifiable individual-

4.      Fire Report Section 239 (2)   (b)  personal matters concerning an identifiable individual and 
c) a proposed or pending acquisition  or disposition of land by a municipality  or a local board;

 

5.      Persons to sit on the North Huron Economic Development Committee - Section 239 (2)   (b)  personal matters concerning an identifiable individual-

 

1.1  Enter into Closed Session:                                            10:30pm
Motion:  463-2012      Moved by Jamie Heffer                       Seconded by Jason Breckenridge
“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  and   c) a proposed or pending acquisition  or disposition of land by a municipality  or a local board; and Steve Fortier may stay.”
Disposition      Carried

1.2   Adjourn the Closed Session:                                       11:35 pm
Motion:  464-201        Moved by Jason Breckenridge             Seconded by Jamie McCallum
“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 matters concerning Identifiable Individuals -  a letter from an identifiable individual,  acquisition  of property, request for a tax adjustment, fire report, and persons to sit on the North Huron Economic Development committee that affects.

The item of the North Huron Economic Development Committee representation will be deferred until the next meeting.

 

1.4  Action from the Closed Session:

Motion:  465-2012      Moved by Jason Breckenridge             Seconded by Jamie McCallum
“That the Council of the Municipality of Morris-Turnberry approve  the tax adjustment for Roll Number  4060 490 007 00800,   which was reviewed in  the Closed session .”
Disposition      Carried

17)       By-law 72 - 2012    Confirming by-law

Motion:  466-2012       Moved by Jamie McCallum    Seconded by Jason Breckenridge
"That By-law No. 72-2012 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 November 6, 2012."
Disposition      Carried

 

18)       Adjournment:
Motion:  467-2012    Moved by Jason Breckenridge             Seconded by Jamie McCallum
"That the meeting be adjourned at 11:35 pm. and this is deemed to be a  over 4 hour meeting."
Disposition      Carried

                                                                                                                                               
                                                                                                Mayor, Paul Gowing

                                                                                   
                                                                                                                                               
                                                                                                Clerk, Nancy Michie