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Meeting Minutes

Tuesday May 3, 2011

Tuesday May 03, 2011




41342 Morris Road

Tuesday, May 3rd   2011           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.

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

Others in Attendance:

Keith Roulston              Citizen Newspaper
Pat Bolen                       Wingham Advance Times

Ratepayers-                  Terry Matz
John Clark
Kim Timm
Marg Timm
George Underwood
Nelson Underwood  
John McKercher -  Legal Counsel for  JGN Farms Ltd.

2)  Agenda:

Adoption of Agenda:

Motion:  196-2011      Moved by Jason Breckenridge             Seconded by Jamie McCallum

“That the agenda for the meeting of May 3rd, 2011 be adopted as circulated.”

Disposition                       Carried

3)  Declaration of Pecuniary Interest:

Jamie Heffer declared a pecuniary interest for Item # 7, since he is related to the proposed purchaser.

No other member declared a pecuniary interest, at this time.

4)  Minutes:

Motion:  197-2011      Moved by John Smuck                        Seconded by Jamie Heffer

“That the minutes of the April 19th Council Meeting, be adopted as amended and the Clerk amend the wording on Page 3 of the April 19, 2011 Minutes, that Dave Rapson left before the recorded vote; and that the Minutes of the April 28th, 2011 Council Meeting, be adopted as circulated.”

Disposition                        Carried

5)  Business from the Minutes

Motion:  198-2011      Moved by Jamie Heffer                       Seconded by John Smuck

“That the Council of the Municipality of Morris-Turnberry add two Blyth Theatre Tickets to the donation to the Physician Recruitment Dinner and Auction, being the complimentary tickets for the Blyth Theatre sponsor.”

Disposition                        Carried

Carol Leeming and Steve Fortier joined the meeting.

6)  Accounts                                                                                                

Motion:  199-2011      Moved by Neil Warwick          Seconded by David Baker

"That the Accounts dated May 3, 2011 be approved for payment in the amount of $ 86,379.04 and the accounts for the Huron Bruce Transit, in the amount of  $1,663.50.”

Disposition      Carried

A confidential wage report was handed to the Council and the Council was advised that any discussion should be in closed session, since the report is confidential.

Jamie Heffer declared a pecuniary interest for the next item and left the Council table.

7)         Planning:                                                                                             7:40 pm

Consent Application  -  JGN Farms  Ltd

Carol Leeming – Huron County Planner

Property Address:    42440 Howick-Turnberry Road / County Road 7

Property Description: Part of Lot 2, Concession 9

Turnberry Ward, Municipality of Morris-Turnberry


John McKercher- Legal Counsel, George Underwood and Nelson Underwood were in attendance.

Pat Bolen joined the meeting at this time.

Carol Leeming , Huron County Planner presented a power point slide show and a report in regards to the proposed application.

Purpose of the application:     Asurplus farm dwelling

Recommendation:  The Planning Department recommended denial of the application.

The applicant is proposing to sever a surplus farm residence. The residence is surplus to area farmer JGN Farms Ltd. (George and Helen Underwood). George and Helen own other farm properties that contain a residence.

The farm is currently 99.5 acres in size. The area proposed to be severed is approximately 1.51 hectares (3.73 acres) with an existing residence, shed, bank barn and silo.

The area to be retained is approximately 38.7 hectares (95.7 acres) of farmland and woodland.

The subject lands are designated ‘Proposed Extractive Resources’ and ‘Natural Environment’; the majority (approx 80%) of the subject property has been classified through the Aggregates Strategy mapping as an aggregate deposit rated as ‘Secondary – No Constraints’. This property  is approximately 25% of a large 325 acre aggregates area.

Lands designated ‘Extractive Resources’ are protected for future mineral aggregate operations

There are no surplus farm residence consent policies on lands designated ‘Proposed Extractive Resources’

The Morris-Turnberry Official Plan permits consents for surplus residences on lands designated ‘Agriculture’ subject to criteria.

Section 2.5.1 of the Provincial Policy Statement states that ‘Mineral aggregate resources shall be protected for long-term use’.

Section 5.3.(ii) The Huron County Official Plan states that ‘sand and gravel deposits of significant size and quality will be identified and protected for their use’ and (ix) ‘incompatible uses will be directed away from areas identified as important sand and gravel deposits’

The Morris-Turnberry Official Plan states that mineral aggregates are an important resource in Morris-Turnberry. This resource is non-renewable; therefore it is a priority to ensure vits protection. The extraction of sand and gravel can have social and environmental impacts. Hence, such operations should be developed in such a way so as to minimize these impacts and be progressively rehabilitated. A basic principle of this plan is to ensure that sand and gravel deposits are protected for future use.

It was previously recommended to Morris-Turnberry Council that Consent Application B5/2011 be deferred to allow the applicant to withdraw this application as there are no  severance policies that permit a surplus farm severance to be considered on lands designated as ‘Potential Extractive Resources’. The Applicant has decided to proceed with the application and not withdraw it.

Comments from the Council:

Deputy Mayor Breckenridge:

1/  The County should review the Aggregate Policy.

2/  He questioned Section 5.3  of the Huron County Official Plan states that ‘sand and gravel deposits of significant size and quality will be identified and protected for their use’.  He questions the quality of the gravel.

Councillor John Smuck:   Asked what is involved with a County review.

Councillor Neil Warwick-  He questioned the 0-1 constraints and what they are.

Mayor Gowing – mentioned that the County has recommended denial. There is no policy to allow a surplus dwelling  and the applicant decided to proceed and not withdraw the application.

Comments from John McKercher:  Legal Counsel for JGN Farms Ltd, from the Devereaux, Murray Legal Firm, Seaforth, ON spoke on behalf of his client.

John McKercher advised the council of the following:

1.  There is not a policy that restricts this proposal.

2.  There is no prohibition for this proposal,  only limitations.

3.  In their opinion,  there is not a future aggregate source, on this property,   as stated by Joe Kerr Construction,   in a letter dated March 17,2011.

4.  There are policies to consider consents on this land.

5.   They question if there is a resource to be protected.

6.   The Provincial Policy statement Section  states:   In areas adjacent to or in known deposits of mineral aggregate resources,  development and activities which would preclude or hinder the establishment of new operations or access to the resources shall only be permitted if:

a)  resource use would not be feasible  or

b)  the proposed land use or development serves a greater long-term public interest;   and

c)  issues of public health, public safety and environmental impact are addressed.

The Provincial Policy does not prohibit the consent.

7.  The Aggregate Strategy provided mapping for planning purposes.  There was no on ground

8. there is no policy to prohibit;  it must be satisfied that the potential use is compatible.

9.  The Aggregate Strategy on Page 3, sets out a Disclaimer-  The resource must be confirmed by an on-site research.

Mayor Gowing asked Mr. McKercher if the applicant understand that if this proceeds, there is no refund of fees. Mr.  McKercher stated ‘yes’.

Neil Warwick stated he felt this was an oversite when the policy was drawn.

Motion:  200-2011      Moved by Neil Warwick          Seconded by David Baker

“That the Council of the Municipality of Morris-Turnberry recommend approval for  the Consent application File B 5/11 for JGN Farms Ltd  and that this application proceed;   and that the County of Huron implement a review of the Huron County Aggregate Strategy.”

Disposition      Carried

Conditions that have been discussed during this process are:

1.  $250.00  in lieu of parkland

2.  A Zoning Amendment for the Severed and Retained portions.

3.  There is no Municipal Drain that effects the property.

4.  The dug well should be decommissioned.

Carol Leeming, Steve Fortier, John McKercher, George Underwood and Nelson Underwood left the meeting at 8:15 pm.

Jamie Heffer returned to the table.

8)   Business:

8.1       Resolutions

Motion:  201-2011      Moved by Neil Warwick          Seconded by John Smuck

“That the Council of the Municipality of Morris-Turnberry,  supports and endorses   following resolution:

1.  County of Huron – Stop Sign Testing  and the following resolution be filed:

2.  The City of Oshawa – Voting Day as a Professional Activity Day.”

Disposition      Carried

8.2       Nursing Week

May 9 – 15, 2011

Motion:  202-2011      Moved by John Smuck                        Seconded by David Baker

“That the Council of the Municipality of Morris-Turnberry officially proclaim May 9 – 15 as Nursing Week.”

Disposition      Carried

8.3  Standard of Care – Safe Drinking Water Act

Training, May 19, 2011 Walkerton

Paul Gowing, Gary Pipe and Nancy Michie will attend the session. No one else wished to attend.

8.4  Avon Maitland School Board

Invitation  -  May 31,2011    3 pm

Paul Gowing and Jamie McCallum will attend the annual meeting on May 31,2011.  The Council want this item brought back to the next meeting and they will bring a list of questions for them to ask.

9)  Financial Report:

A report was presented for Council’s information.

10)  Bluevale Stormwater Drainage  Discussion:

1.  Report:   A report of the April 14,2011 Public Meeting was reviewed,   from B M Ross and   Associates Limited, as part of the EA process.

2.  Letters:  A letter signed by  11 landowners,  was presented and reviewed.   Three letters were received and reviewed by council in Closed session,   as comments to the Bluevale Stormwater Drainage Proposal.

3.   Discussion from the Public Meeting:

John Smuck:    BM Ross said that they were never asked to investigate a groundwater problem.

The presentation at the council meeting by B M Ross,  outlined cutting the road down and installing curb and gutter. At the public meeting,  B M Ross said that the work did not include cutting down the road and installing curb and gutter.

Jason Breckenridge-   B M Ross had said that Duncan Street would be cut down.

John Smuck-  The people were misinformed by council members, with information  on the scope of the project, that was unclear.

Paul Gowing-  B M Ross will have to clarify the profile of the road.

The Council instructed not to have B M Ross back until they have more information.

Neil Warwick- the people in the gallery maybe want to be notified when this is on the agenda again.

The April 14,2011 meeting report, will be posted on the web site.

Terry Matz- asked that the council consider affordability and sustainability.

Paul Gowing stated that there will have to be grant,  before the project is considered.

4.  Showcasing Water Innovation Funding -  by the Ministry of the Environment.

The council was given information on a grant program,   where if successful,  50-90% funding would be available for the project, to a maximum of $1,000,000.00.

The council was doubtful of the success of the application and felt it was too soon to apply for funding, until more information was received.

5.    Request further Information:   The council asked that further information be requested from BM Ross and Associates of the following:

1.   Scope of the Project

2.  Profile of the roads-    are the roads being reconstructed with curb and gutter or only stormwater drainage on the road sides;

3.   Why is only the surface water being considered and not the groundwater.

Jason Breckenridge advised that he will talk to more people to submit comments.

John Smuck would like to see the original letters that were sent to the Bluevale people.

Terry Matz, John Clark, Kim Timm and Marg Timm left the meeting.

11)  Public Works Report:

No report, at this time.

12)  Council Reports:

Paul Gowing:             He wants to commend the Council for going to the following courses:

Jamie Heffer attended a Drainage Course, David Baker and Jason reckenridge attended a Fire Services Course.  The courses cost money but are informative.

Jason Breckenridge:  No report

Jamie McCallum:       No report

Jamie Heffer:              No report

David Baker:               No report

John Smuck:               No report

Neil Warwick:             No report

13) Items for Information:

1.  AMO Conference Speakers

2.  OGRA – Heads Up Alert

3.  AMO – Firefighters Mandatory Retirement

4.  Request for Municipal Drainage Repairs – Spt Lot 23 Concession 3 – Morris

5.  Consent for Severance – Howick Township Pt Lot 28 Con A

6.  Drinking Water Source Protection

7.  City of Stratford – Stratford Shakespeare Festival Invitation

8.  Huron Bruce Transit Financial Statement 2010

14) Minutes:                                                                                             

1.  Huron County Accessibility Advisory Committee   March 21,2011

2.  MVCA   January 26,2011

3.  BMG  Community Centre    April 13,2011 The zamboni is 19 years old and needs to be replaced. 

15)  Other Business:

1.      Paul Gowing said he is invited on June 7, 2011,  to the Belgrave Women’s Institute celebration of their 100th Anniversary and Morris-Turnberry will send a certificate.  

2.      Paul Gowing received an invitation from Rosemary Rognvaldson, to attend the Grand Opening of the Farmers’ Market at the Howick Community Centre on June 4, 2011 at 10:00 am. 

3.      There was no other business to present. 

16)  Additions to the agenda for the next meeting:

1.      John Smuck wants to add the Salem Road Construction, to the next meeting.

2.      There was no other business to add to the agenda for the next or any  following meeting.

Keith Roulston and Pat Bolen left the meeting.  

 17) Closed Session                                                                                     

1.  Pay Equity

2.  Report for Employment of Summer Students

3.  Two legal issues – Identifiable Individual

4.  Bluevale Drainage comments

17.1  Enter into Closed Session:                                 9:10 pm

Motion:  203-2011      Moved by Jason Breckenridge             Seconded by Jamie Heffer

“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. ”

Disposition      Carried

17.2 Adjourn the Closed Session:                              9:45 pm

Motion:  204-2011      Moved by Neil Warwick          Seconded by John Smuck

“That the Council adjourn the Closed to the public session and re-enter regular open session of council.”

Disposition      Carried

17.3  Report to the Public from Closed Session.

Council discussed confidential issues concerning an Identifiable Individual.

Motion:  205-2011      Moved by Jason Breckenridge             Seconded by David Baker

“That the Council of the Municipality of Morris-Turnberry adopt the 2010-11 Pay Equity report.”

                                    Disposition      Carried

Motion:  206-2011      Moved by Jamie Heffer                       Seconded by Jamie McCallum

“That the Council of the Municipality of Morris-Turnberry accept the Student Hiring  Report, dated May 3, 2011.”

Disposition      Carried

 18) By-law 26 - 2011    Confirming by-law                                                                  

Motion:  207-2011       Moved by Neil Warwick         Seconded by Jamie McCallum

"That By-law No. 26 -2011 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 May 3, 2011."

Disposition      Carried

 19) Adjournment:

Motion:  208-2011      Moved by Jason Breckenridge Seconded by Neil Warwick

"That the meeting be adjourned at 9:45 pm. and this is deemed to be                                                 
2 – 4 hour meeting."

     Disposition      Carried


                                                                        Mayor, Paul Gowing




                                                                        Clerk, Nancy Michie