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Meeting Minutes

Tuesday September 6, 2011


Tuesday September 06, 2011

"ANY MINUTES POSTED BEFORE APPROVED BY COUNCIL ARE ONLY DRAFT MINUTES!!!"

MUNICIPALITY OF MORRIS-TURNBERRY

COUNCIL CHAMBERS

41342 Morris Road

Tuesday  September 6th   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              The Blyth/Brussels Citizen
Jackie Riggs                 The Wingham Advance Times
Sandy Fair                    Ratepayer

2) Agenda:The Clerk wished to add the Rural Food Conference which has been sent to the Council.

Adoption of Agenda:

Motion:  360-2011      Moved by Neil Warwick          Seconded by Jamie McCallum

“That the agenda for the meeting of September 6th, 2011 be adopted as amended.”

Disposition                        Carried

3) Declaration of Pecuniary Interest:

No member declared a pecuniary interest, at this time.

4) Minutes:

Motion:  361-2011      Moved by Jason Breckenridge             Seconded by Jamie Heffer

“That the minutes of the August 16th, 2011 Council Meeting, be adopted as amended, and the Clerk amend Page 10 Item #17 Adjournment; to state: ‘a 2-4 hour meeting’ and the Council’s pay will be adjusted.”

Disposition                        Carried

5) Business from the Minutes

1.  John Smuck commented on Item # 10.9 Dissolution of the Ward System.  He thinks the Ward System should go, and that the meetings should be reduced, an example being  attendance at the Saugeen Conservation Authority Meetings,  due to the very small coverage area.

2. There was no other business from the minutes to be discussed.

6)  Accounts

Motion:  362-2011                  Moved by Jamie Heffer                       Seconded by Jason Breckenridge

"That the Accounts dated September 6th, 2011 be approved for payment in the amount of $ 361,599.81.”

Disposition      Carried

7)  2011 Photocopier – Maintenance Agreement                                                 7:40 pm

Jordan Gibbings from MicroAge Basics was in attendance and explained how the Maintenance Contract for the 2011 photocopier would be beneficial.

 

Motion:  363-2011      Moved by John Smuck                        Seconded by Neil Warwick

"That the Municipality of Morris-Turnberry not enter into a maintenance contract with Microage Basics, for the 2011 colour photo copier.”

Disposition      Carried.

Steve Errington, Carol Leeming and Aart DeVosarrived at the meeting.

Jordan Gibbings left the meeting.

8)  Planning Matters

Carol Leeming – Huron County Planner

8.1 Consent Application  -  Alexander and Susan Fair                                 7:50 pm

Carol Leeeming, Huron County Planner andSandy Fair - Property Owner and Aart DeVos - 
potential purchaser of the subject property,   were in attendance.

Subject property:   South Part of Lots 26 & 27, Concession 1, Turnberry Ward

APlanning Report was presented by Carol Leeming – Planner, recommending denial.

The report was submitted as follows:

The applicant is proposing to sever the farmlands from the farm residence.

  • The farmlands will be sold to adjacent farmers (owners of the adjacent farm to the north-east): Aart and Gerta DeVos. The farm house is surplus to the DeVos’s farming operation as they own another farm property that contains a residence.
  • The farm is currently 97.5 acres in size. The area proposed to be retained is approximately 1 hectare (2.47 acres) with an existing residence, shed, barn and garage.
  • The area to be retained is approximately 38.3 hectares (94.68 acres) of farmland and woodland as is located to the west of Bluevale.
  • The Morris-Turnberry Official Plan (Section 3.3.10) states that where possible, residences which become surplus to a farm operator should be held with the farm land as a complete farm unit. However, under certain circumstances, farm residences that become surplus to a farm operator may be severed according to the consent policies in Section 3.4.9 of this Plan.
  • Section 3.4.9 outlines the requirements that need to be met for a surplus  farm residence to be considered. One of the requirements states “that there has been no previous separations for residential purposes from the parcel”
  • The proposed application does not meet the requirements of Section 3.4.9 as there has
    been a previous severance from the subject farm parcel for residential purposes. The farm already has had a lot separated from it for non-farm use. A residential 0.5 acre parcel (zoned AG4) currently exists on the south east corner of the subject lot.
  • Therefore, this application is being recommended for denial.

Comments:

The council had several comments:

  • Neil Warwick – questioned the surplus residence on the farm across the Amberley Road.
  • Jason Breckenridge- does the applicant have a second residence
  • Jamie Heffer- would the planning department give consideration to lots across the front
    of the property.  Mayor Gowing advised that it would require a review.  Carol Leeming
    stated there is no urban designation on the property.
  • John Smuck-   other similar severances have worked.  The purchaser owns other land.
    He is supportive.
  • Dave Baker-  is supportive of the application
  • Neil Warwick-  the only question is the date of the severed house.  Carol Leeming
    advised that the OPA states  -  that there has been no previous severances. The
    New County OPA does set out a date, however the new plan has not been approved, to date.

Comments from the gallery:

  • Sandy Fair- owner/applicant:
  • Information that he has found, it appears that the house was built in 1970.  
    The date on the hydro panel is stamped October, 1970.
  • Aart DeVos-   no comments.

The question was raised concerning the property to merge to.

Carol Leeming stated that the farm will have to be registered in the name of Aart and
Greta DeVos, as that is the owner of the property with the surplus residence.

Sandy Fair stated confusion over the issues, as he understood that the only question was
the previous residence severance.

Motion:  364-2011      Moved by Jason Breckenridge                       Seconded by Jamie McCallum

“That the Council of the Municipality of Morris-Turnberry recommend approval  on the Consent
application  File B 34/11 for Alexander and Susan Fair,subject to the following conditions:

  • Concur with County Highway comments
  • A Drainage Agreement, as required
  • $250.00 in lieu of Parkland
  • Rezoning to Residential AG4 and rezoning of the Farmland, to restrict a future residence
  • Septic inspection certificate
  • 2nd well decommissioned to the Health Unit Satisfaction
  • MVCA fees paid.”

Disposition      Carried

Steve Fortier arrived at the meeting at 8:08 pm.

Sandy Fair and Aart DeVos left the meeting.

8.2 Consent Application  -  Jordan Errington

Subject Property:   67 Mary Street, Lower Town, Part Lot 76, R.P. 410 Lower Town, Turnberry Ward.

  • Steve Errington (Father of the Applicant) was in attendance.
  • APlanning Report was presented by Carol Leeming – Planner, recommending approval of the application.
  • The applicant is proposing to create 3 residential lots in Lower Town; 1 lot with an   existing house and 2 vacant lots.
  • The subject lot is currently 4.5 acres (1.8 hectares) in size.
  • The Morris-Turnberry Official Plan Section 6.4.7 sets out the Development Standards and requirements for lot creation in Lower Town. These requirements require hydro-geological studies, nitrate study, acceptable percolation rates, identification of contingency tile bed area and acceptable water quality.
  • A Soil and Nitrate Assessment for On-Site Sewage Disposal was completed by R.J. Burnside & Associates. The study has been reviewed by the MVCA and they do not require an Environmental Impact Study, provided that MVCA reviews and approves e.g. septic location, lot grading and storm water management plans, in addition to the recommendations for On-Site Sewage Disposal, be implemented as outlined in the R.J. Burnside report.
  • The Huron County Health Unit and the MVCA has conducted a site visit and have no objections.
  • The lots front onto Mary Street. The unopened street (Patrick Street) to the north is currently being closed by the Municipality and after that process is complete, a portion of the closed street will merge with the northerly retained lot.
  • The Morris-Turnberry Official Plan permits consents for residential purposes subject to the Lower Town development standards
  • A storm water management plan (includes a lot grading and drainage plan), will be required prior to building permits being issued.
  • This application is consistent with the Provincial Policy Statement, 2005; generally meets the Morris-Turnberry Official Plan Land Division criteria, Sections 6.8 and 8.1; and the Turnberry Zoning By-law provisions subject to the conditions noted below.

Recommended Conditions:

  • Conditions imposed must be met within one year of the date of notice of decision, as required by Section 53(41) of the Planning Act, RSO 1990, as amended. If conditions are not fulfilled as prescribed within one year, the application shall be deemed to be refused. Provided the conditions are fulfilled within one year, the application is valid for two years from the date of decision.

Municipal Requirements

  • All municipal requirements be met to the satisfaction of the municipality including servicing connections if required, cash-in-lieu of park
    dedication, property maintenance, compliance with zoning by-law provisions for structures, and any related requirements, financial or otherwise.
  • The sum of $250 be paid to the Municipality of Morris-Turnberry as cash-in-lieu of parkland.
  • The subject parcel be numbered and addressed for 911 purposes to the satisfaction of the Municipality.
  • The applicant enter into a development agreement with the Municipality of Morris-Turnberry addressing (septic systems, lot grading and drainage, storm water management).

Survey

  • A survey to be submitted to the County and to the Municipality of Morris-Turnberry showing the lot lines of the severed parcel and the location of any buildings thereon. Where a violation of any municipal zoning by-law is evident, the appropriate minor variance or rezoning shall be obtained before the deed is stamped.
  • The solicitor acting for the parties to provide a registerable description of the severed parcel, a copy of an Application for Exemption from a reference plan, together with a copy of an Order endorsed by the Land Registrar (to exempt from the requirement that a reference plan be deposited) if it is determined that this cannot be approved by the Land Registrar then the alternative will be that a reference plan showing the lot lines of the severed lands will be provided.

Zoning

  • The severed land be rezoned to the appropriate zone (e.g., VR1) to the satisfaction of the Municipality of Morris-Turnberry.
  • The retained lands be rezoned to the appropriate zone (e.g., VR1), to the satisfaction of the Municipality of Morris-Turnberry.

A minor variance be approved to recognize XXXXX

Storm Water

  • A lot grading and drainage plan be completed to the satisfaction of the Municipality of Morris-Turnberry, Conservation Authority and
    Health Unit.
  • A storm water management plan be completed to the satisfaction of the Municipality of Morris-Turnberry, Conservation Authority and
    Health Unit.
  • Section 65 of the Drainage Act be addressed to the satisfaction of the Municipality of Morris-Turnberry

Septic System Inspection

  • Applicant is to provide a letter from a licensed contractor advising that the tank has been pumped and is functioning properly, for the severed parcel of land to the satisfaction of the Huron County Health Unit.

Merging

  • The severed land merge on title with the abutting property to the north upon issuance of the certificate under Section 53(42) of the Planning Act, RSO 1990, as amended.
  • A firm undertaking is to be provided from the solicitor acting for the parties indicating that the severed land and the abutting property to the north will be consolidated into one P.I.N. under the Land Titles system. Note: in the case where a title search has been completed and it has been determined that the severed/retained lands are registered in two different systems (e.g. the Registry or Land Titles system) and a consolidation is not possible then notice will be required to be registered in both systems indicating that the parcels have merged with one another and is considered to be one parcel with respect to Section 50 (3) or (5) of the Planning Act, R.S.O. 1990, C P.13 as amended.
  • Section 50(3) of the Planning Act, RSO 1990, as amended, applies to any subsequent conveyance or transaction of the severed land.
  • A one square foot portion of the abutting property to which the severed land is to be merged be conveyed to the municipality.
    A survey is to be provided showing the one square foot parcel as a separate part on the reference plan. (This condition ensures that the severed portion will remain merged with a previously severed lot).

Motion:  365-2011      Moved by Jamie Heffer                       Seconded by John Smuck

“That the Council of the Municipality of Morris-Turnberry recommend approval on the Consent application File B 35/11 for Jordan Errington, subject to the conditions, as noted in the planning report, dated August 31, 2011.”

Disposition      Carried

Steve Errington left the meeting.

8.3  Conditions for Consent Application

The conditions for File B 7/11, Rastorfer Farms Inc./Esben Anderson Consent,  were presented to the council for information.

Carol Leeming left the meeting at 8:40 pm.

9) Building Issues:                       Steve Fortier                                       8:50 pm

1. Ground Water Issues at 34 William Street

A Letter received from Gary and Joanne Weishar was reviewed by Council, concerning drainage issues in Bluevale, at 34 William Street

Motion: 366-2011       Moved by Neil Warwick          Seconded by John Smuck

“That the Council of the Municipality of Morris-Turnberry receive the letter submitted by   Gary and Joanne Weishar and file it.”

Disposition      Carried

The Council is supportive of Steve Fortier assisting with building issues,   in the aftermath of the Goderich tornado.

Steve Fortier left the meeting at 9:00 pm.

10)  Business:

10. 1    Resolutions

Motion:  367-2011      Moved by Jason Breckenridge             Seconded by Jamie Heffer

“That the following resolutions be filed:

1.  Town of Ingersoll – Transfer of authority of vehicle impoundments.

2.  11th Annual Child Care Work & Early Childhood Educator Appreciation Day.”

Disposition      Carried 

10.2 Veolia Water Contract         

Motion:  368-2011      Moved by Jamie McCallum     Seconded by Neil Warwick

“That the Council of the Municipality of Morris-Turnberry proceed to renegotiate the water operation contract for a period of one year.”

Disposition      Carried 

10.3 Request to Close Lane at 50 Mary Street Lot 182 Plan 410     

Motion:  369-2011      Moved by Jamie Heffer                       Seconded by John Smuck

“That the Council of the Municipality of Morris-Turnberry authorize to proceed as follows, with respect to the request for Lane Closure by Henry and Delores Carter, that the Clerk notify the other owners on the lane to see if they wish to proceed with the lane closure.”

Disposition      Carried     

10.4 Updates on Integrated Accessibility Standard

Council reviewed the updates, for information. 

10.5     Enabling Accessibility Fund for Proposals for Small Projects

The fund provides grants up to $50,000.00 per project.

 

Motion:  370-2011      Moved by Jamie McCallum     Seconded by Neil Warwick

“That the Council of the Municipality of Morris-Turnberry apply for funding under the Enabling Accessibility Fund for Proposal for Small Projects:  Browse Aloud and Microphones based on last year’s application.”

Disposition      Carried 

10.6 Page for County Council:

The Council feel that the first opportunity for a page, should be given to families of councilors.

John Smuck will ask his son about being a page at the County Council and will report back to the next meeting.           

10.7  Brussels Library

Paul Gowing and Dave Baker attended the August 24, 2011 Library meeting.

 

Motion:  371-2011      Moved by John Smuck                        Seconded by Jamie McCallum

“That the Council of the Municipality of Morris-Turnberry request the minutes from Huron East of the August 24, 2011 meeting, and for the Brussels library updates.”

Disposition      Carried

10.8 Fish’n with Cancer Fundraiser

Motion:  372-2011      Moved by John Smuck                        Seconded by Jamie Heffer

“That the Council of the Municipality of Morris-Turnberry file the request for a donation to Fish’n with Cancer Fundraiser.”

Disposition      Carried 

10.9 MVCA 60th Anniversary Celebration

The anniversary event has been rescheduled to Thursday, September 15th.

Dave Baker will attend. 

10.10   Donations to Goderich Tornado Assistance

There are various organizations receiving donations.

Letters from:

1.       Marcy McCall MacBain Foundation-  EdgeFund Team

2.      Huron County Fire Coordinator

3.      Lynda Rotteau – Letter of request for a donation

4.      Town of Petrolia 

This will be brought back to a later meeting.

10.11   Ground Breaking for New School in Wingham

Council reviewed and filed the information.

10.12   Emergency Exercise

The Huron County Exercise on September 9, 2011 has been postponed and the Training            
Session on September 23, 2011 has been postponed.

10.13   Seed Processing Plant Media Release

Council reviewed theinformation on the Pioneer Plant media event.

10.14   Emergency Training Centre, Blyth - Open House

Friday September 9, 2011     1– 4 pm     Opening Ceremonies 2 pm

Paul Gowing will attend the event.           

10.15   Functions for Paul Gowing to attend                                                                                                
1.   Royal Homes 40th Anniversary Luncheon September 19, 2011 at 12:00 pm

2.  Belgrave School Fair- September 14, 2011     12:30 pm

11) By-laws:

11.1 By-law to approve the 2011 Final Tax Billing

Motion:  373-2011      Moved by Jamie McCallum     Seconded by David Baker

" That By-Law No. 51-2011 be adopted as given first, second, third and final readings being a by-law to approve the 2011 Final Tax Billing, for the Municipality of Morris-Turnberry.”

Disposition      Carried

11.2     By-law to approve the Borrowing By-law

Motion:  374-2011      Moved by Neil Warwick          Seconded by David Baker

" That By-Law No. 52-2011 be adopted as given first, second, third and final readings being a by-law to approve the Borrowing By-law to raise money to aid in the construction of drainage works, for the Municipality of Morris-Turnberry in the amount of $400,000.00.”

Disposition      Carried 

11.3 By-law to Approve a Tile Drain Debenture

Motion:  375-2011      Moved by Jason Breckenridge             Seconded by Jamie McCallum

" That By-Law No. 54-2011 be adopted as given first, second, third and final readings being a by-law to Approve a Tile Drain Debenture for South Half of Lot 15 Concession 2  Morris Ward and South Half of the North Half Lot 16 Concession 3 Morris Ward.”

Disposition      Carried

11.4  By-law to Appoint an Auditor

Motion:  376-2011      Moved by Jamie Heffer                       Seconded by Jamie McCallum

" That By-Law No. 55-2011 be adopted as given first, second, third and final readings being a by-law to appoint an Auditor for 2011, 2012 and 2013.”

  Disposition      Carried 

12) Council Reports: 

Jason Breckenridge:

He attended a Bluevale Hall Board meeting and a History Book meeting.  The minutes for both are in the Council’s package.  A float willbe going in the Thresher’s Parade in Blyth.  He will be working in the History Book booth. 
He questioned if the council felt he should be on the float,  since Mayor Gowing could not attend the parade on the Saturday.  

Jamie McCallum:

He didn’t attend the sod turning for the new Maitland River Elementary school, since Mayor Gowing was attending. 

Jamie Heffer:

He attended the Morris-Turnberry summer lunch for the students.  It was a good meal and good atmosphere. 
He would like to thank the students for their work.  The parks have never looked as good. 

David Baker: 

He attended the Brussels library meeting on August 24th and attended a drain meeting for the Evans Drain on August 29th.  

John Smuck:   No report 

Neil Warwick:            No report 

Paul Gowing:

He attended the Brussels library meeting on August 24th.  He attended the new school sod turning August  25th.  He attended the Huron County Plowing Match August 26th and was at the match most of the day. 
The Morris-Turnberry summer luncheon was very good.  Morris-Turnberry has taken a different direction for the lawn care having the students cut the grass.  He can’t attend the Thresher’s Parade on Saturday, September 10th but will work in the History Book booth on Sunday, September 11th. 

13) Items for Information:

1.  AMO 2011 Municipal Insurance Survey

2.  County of Bruce – Official Plan Amendment

3.  Municipality of South Bruce – local Official Plan Amendment

4.  OMERS 2012 – Contribution Rates and Plan Changes

5.  Dig North – One Call Act 2011

6.  Community Schools Alliance – accommodation reviews

7.  Ministry of Tourism and Culture – A Guide to Conserving Heritage Places of Worship

8.  Zoning By-law Amendment – Huron East

9.  Proposed Zoning By-law Amendment – Huron East

10. Ontario’s West Coast – Taste of Huron

11.  Thank you – McGavin Family and Staff

12. Statistics Canada – 2011 Census

13. CUPE – Childcare Workers & Early Childhood Educator

14. Living with Wildlife

15.Lupus Foundation

16. Accessibility Directorate of Ontario

17.  Ontario Ombudsman Report concerning Howick Township        

18.  AMO Conference Report from Nancy Michie.

14) Minutes

1.  Bluevale Hall Board Meeting

2.  History Book Meeting

3.  Emergency Planning Committee

15) Other Business:

1.Rural Food Conference.  Should the Council wish to attend, the registration is  $75.00 each.

2. Jamie McCallum wished to add to his report that he attended a Drainage Meeting for    
the Breckenridge Drain on August 29th.

3. There was no other business to present.

16) Additions to the agenda for the next meeting:

1. Jason Breckenridge said some of the business information should be put in                                
the ‘Items for Information’.

2. Jamie McCallum suggested that the Council get the power point presentation                                 
from the Planner.

3. Neil Warwick wants all the information in colour.

4. There were no other additions for the next agenda. 

 17) By-law   48 - 2011    Confirming by-law                                                                            

Motion:  377-2011       Moved by Jason Breckenridge            Seconded by John Smuck

"That By-law No. 48 -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 August 16,  2011."

Disposition      Carried 

18) Adjournment:

Motion:  378-2011    Moved by Jason Breckenridge             Seconded by Jamie McCallum

"That the meeting be adjourned at 10:10 pm. and this is deemed to be                           
a 2-4 hour meeting."

Disposition      Carried

 

                                                                                   

                                                                                                                       

                                                                        Mayor, Paul Gowing

 

 

                                                                                                                       

                                                                        Clerk, Nancy Michie