If you wish to use BrowseAloud, please click on the icon before opening a website link. Thank you.
519-887-6137

Meeting Minutes

Tuesday November 1, 2011


Tuesday November 01, 2011

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

MUNICIPALITY OF MORRIS-TURNBERRY

COUNCIL CHAMBERS

41342 Morris Road

Tuesday  November 1st   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
Gary Pipe                      Director of Public Works
Steve Fortier                  Chief Building Official

Others in Attendance:

Keith Roulston              The Blyth/Brussels Citizen
Pauline Kerr                 The Wingham Advance Times

2) Agenda:

The Clerk added a listing to the agenda for consideration, as the items were of an urgent  nature.

Adoption of Agenda:

Motion:  439-2011      Moved by Jamie Heffer                       Seconded by David Baker

“That the agenda for the meeting of November 1st, 2011 be adopted as amended.”

Disposition                        Carried

3) Declaration of Pecuniary Interest:

Jason Breckenridge declared a pecuniary interest for Item # 8.1-Breckenridge Municipal Drain,
since a family member is a landowner.

Neil Warwick declared a pecuniary interest for Item # 6 Road Accounts, since there is a payment for his business.

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

4) Minutes:

Motion:  440:2011      Moved by Jason Breckenridge             Seconded by John Smuck

“That the minutes of the October 18th, 2011 Council Meeting, be adopted as circulated.”

Disposition                        Carried

5) Business from the Minutes

John Smuck questioned the repairs for the truck.  This  should be discussed with Gary Pipe.

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

6) Accounts

Motion:  441-2011      Moved by David Baker                       Seconded by Jamie McCallum

"That the Accounts dated November 1st, 2011 be approved for payment in the amount of             
$ 197,104.75 less Neil’s Repair Service in the amount of  $ 666.44.”

Disposition      Carried

Jason Breckenridge will reconcile his meeting rates on the next council pay.

Neil Warwick declared a pecuniary interest and left the table.

Motion:  442-2011      Moved by Jamie Heffer                       Seconded by John Smuck

“Thatthe account of Neil’s Repair Service in the amount of $666.44 be approved for payment.”

Disposition      Carried

Neil Warwick returned to the table.

 

7)  Planning  Issues:

Committee of Adjustment:            Minor Variance                          7:40 pm

Carol Leeming – Huron County Planner

7.1Motion to enter into a Committee of Adjustment Meeting

Motion:  443-2011      Moved by Jason Breckenridge             Seconded by Neil Warwick

“That the Council adjourn the regular session of Council and enter into a Committee of Adjustment meeting, to consider a minor variance application.”

Disposition      Carried

7.2 Committee of Adjustment Meeting

Subject Lands:   Part of  Lot 1 , Concession A,  Turnberry  Ward 42658 Amberley Road

Agent for the owner:   Rosalee Wernham was in attendance.

Steve Fortier arrived at the meeting.

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 allow for the construction of an addition to an existing restaurant, which is a non-conforming use.

To allow for an addition to an existing restaurant, to be used for a storage area, which is a non-conforming use in the Turnberry Township Zoning By-law.  The size of the addition is proposed to be 10’ x 12’ x 18’.

Section 3.5 of the Turnberry Township Zoning By-law states that:  no change in use, including the extension or enlargement of a non-conforming building or structure shall be permitted except as may be allowed under Section 44 of the Planning Act, following an application to the Committee of Adjustment.

Consideration:  The Committee considered  the variance under the following aspects:

Is  the variance minor?

Will the application  maintain the appropriate development of the lands?

Will the application  maintain the general intent of the Turnberry Township Zoning By-law and the Township of Turnberry Secondary Plan?

3. County Planning Department –  Carol Leeming presented the Huron County            
Planning report, recommending approval, since the application is minor in nature.

4. Comments Received – Nancy Michieadvised that no comments were received.

5. Applicants comments – Rosalee Wernham stated that the planner presented clearly the proposed use.

6. Public comments – No comments

7. Council comments and questions – No comments

8. Explanation of the Process following the Public Meeting by Mayor Gowing

If the application is approved, the Secretary is required to send Notice of  Decision, to  persons and agencies, required under the Planning Act,  notified of this Public Meeting.  There is a 20 day objection period from the time the Notice of  Decision has been mailed by  first class mail, wherein submissions/letters of objections or support in respect to the  decision, will be received by the Secretary.

9. Adjournment:

Motion:  444-2011                  Moved by Jamie McCallum     Seconded by John Smuck

“That the Committee of Adjustment meeting be adjourned and re-enter regular session of  council.”

Disposition      Carried

7.3 Decision:

Motion:  445-2011      Moved by Jason Breckenridge             Seconded by John Smuck

“That the Committee of Adjustment of the Municipality of Morris-Turnberry hereby grants approval to the minor variance for  Part of Lot 1  Concession A, Turnberry Ward, 42658 Amberley  Road, Municipality of Morris-Turnberry, to allow for an addition to an existing restaurant, to be used for a storage area,  which is a non-conforming use in the Turnberry Zoning By-law;  the Committee considered the variance to be minor, to maintain the appropriate development of the lands and to maintain the general intent of the Turnberry Township Zoning By-law and the Morris-Turnberry Official  Plan;  No conditions were established;

Disposition      Carried

Rosalee Wernham left the meeting.

7.4 Consent Application                                      7:45 pm

Carol Leeming – Huron County Planner

David and Ann Hawkins were in attendance.

Owner:   David and Johanna Hawkins  Lot 16 & 17 Concession 8 Turnberry Ward

Carol Leeming – Huron County Planner made a presentation on the application and recommends approval.

Motion:  446-2011      Moved by Jamie Heffer                       Seconded by Jamie McCallum

“That the Council of the Municipality of Morris-Turnberry has no objection to the consent application of David and Johanna Hawkins Lot 16 & 17 Concession 8, 40701 Howick Turnberry Road, Turnberry Ward in the Municipality of Morris-Turnberry;Conditions:

1. The sum of $250.00 be paid to the Municipality of Morris-Turnberry as cash-in-lieu of parkland.

2. The solicitor acting for the parties to provide a registerable description of the severed parcel, a copy of an Application for Exemption form 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.

3. Section 65 of the Drainage Act be addressed to the satisfaction of the Municipality of Morris-Turnberry.”

Disposition      Carried

David and Ann Hawkins left the meeting.

7.5 Consent Application

Jane Day was in attendance.

Owners:   Jane, John and Janet Day  Pt Lot 10 Pt Lot 9 Concession 8 Turnberry Ward

Motion:  447-2011      Moved by John Smuck                        Seconded by Jamie Heffer

“That the Council of the Municipality of Morris-Turnberry  has no objection to the consent application of Jane, John and Janet Day ,  Part Lot 10 Part Lot 9 Concession 8, 90346 Powell Line, Turnberry Ward in the Municipality of Morris-Turnberry

Conditions:

1. The sum of $250.00 be paid to the Municipality of Morris-Turnberry as cash-in-lieu of parkland.

2. 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.

3.The severed land be rezoned to the appropriate zone (e.g. AG4-special; recognize the MDS deficiency) to the satisfaction of the Municipality of Morris-Turnberry.

4.The retained lands be rezoned to the appropriate zone (e.g. AG1-special), to the satisfaction of the Municipality of Morris-Turnberry.

5. Section 65 of the Drainage Act be addressed to the satisfaction of the Municipality of Morris-Turnberry.”

Disposition      Carried

Jane Day left the meeting.

7.6  In lieu of Parkland Fees

For council’s information:   The council made a decision at the last meeting to increase the in lieu of parkland fee to $300.00 per consent.  The Planning Act is very specific that those funds must be used for park and other recreational purposes.

Carol Leeming, Huron county Planner, left the meeting, at this time.

8) Municipal Drains:                                                                              8:15 pm

Bill Dietrich- Dietrich Engineering Limited  and Gary Pipe – Director of Public Works,  were in attendance.

Jason Breckenridge declared a pecuniary interest and left the table.

8.1  Breckenridge Municipal Drain Report – 2011

Bill Dietrich of Dietrich Engineering Limited

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

Bill Dietrich presented a report.

2.Under Section  4 & 78 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.   However, under Section 4, the petitioner may withdraw at this time. Therefore,   1463099 Ontario Limited,  c/o Neil Jutzi may withdraw his name , in regards to the Section 4 portion of the drainage works, to extend Branch A.

He was not in attendance or has not advised to withdraw and he had not expressed an interest in withdrawing his name from the petition.

3. Consideration of By-law:

Motion:  448-2011      Moved by Neil Warwick          Seconded by John Smuck

"That By-Law No. 65 -2011 be adopted as given first and second readings, being a

by-law to provisionally adopt the Breckenridge Municipal Drain Report-2011.”

Disposition      Carried

Murray Gordon arrived at the meeting.

4. Date of Court of Revision and Instruction to tender:

Motion:  449-2011    Moved by Jamie Heffer           Seconded by Neil Warwick

" That the Court of Revision for the Breckenridge Municipal Drain be set for December 6, 2011and the project be tendered in January , 2012.”

Disposition      Carried

Jason Breckenridge returned to the table.

8.2  Evans Municipal Drain Report – 2011

Bill Dietrich of Dietrich Engineering Limited

Bill Dietrich, Gary Pipe and Murray Gordon- landowner were in attendance.

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

Bill Dietrich presented a report.

2. Under Section 78 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:  450-2011      Moved by David Baker                       Seconded by John Smuck

"That By-Law No. 64 -2011 be adopted as given first and second readings, being a

by-law to provisionally adopt the Evans Municipal Drain Report-2011.”

Disposition      Carried

4. Date of Court of Revision and Instruction to tender:

Motion:  451-2011      Moved by Neil Warwick          Seconded by John Smuck

" That the Court of Revision for the Evans  Municipal Drain be set for December 6, 2011 and the project be tendered in January,2012.”

Disposition      Carried

Bill Dietrich left the meeting at 8:45 pm.

Break:

The council took a short break.

9) Public Works Report:          Gary Pipe                                                           8:45 pm

1.  Class EA for Stormwater Drainage Improvements Report

Motion:  452-2011      Moved by Jamie McCallum     Seconded by Jason Breckenridge

“That the Council of the Municipality of Morris-Turnberry receive  the Notice of Completion for the Class EA  for Stormwater Drainage Improvements Report for the         Community of Bluevale.”

Disposition      Carried

2.  Other Business

John Smuck questioned the repair of the truck.  Gary Pipe said the motor is not in.

They are working with AlTruck,  who are working with Cummins for the warranty.   
Neil Warwick said if there has been previous work on the truck,   maybe that  Repair Shop , 
should pay the costs.  Gary Pipe is working on it and checks every two weeks.

There was no other business.

Gary Pipe left the meeting at 8:55 pm.

10) Business:

10.1 Meeting Notices:

1. Sustainable Huron Plan   November 16,2011   2-4 pm   Blyth CC

Paul Gowing will attend.

2. Brussels Library report presentation   November 15,2011   7:30 pm

3. 2012  Warden’s Election   and Inaugural Session  December 7,2011   1 pm

4. County Council Composition Hearing                 November 9th   3 pm

10.2  Contributions to the Wescast Community Complex and Blyth and District   Community Centre

Motion:  453-2011      Moved by Jamie Heffer                       Seconded by Jamie McCallum

"That the Council of the Municipality of Morris-Turnberry approve the letter of support for the Blyth and District Community Centre Trillium application.”

Disposition      Carried

10.3 Quote for 2012-2013 Insurance

Information has been provided to BFL Canada and a request has been made for a quote to   renew the municipal insurance for 2012-2013.

10.4 Belgrave Water System

1.  Extension for the contract for the Belgrave Water System with Veolia Water

Jeremy Taylor, Gary Pipe and Nancy Michie met with Veolia on October 27, 2011  and a report will be taken to the council on November 15,2011.

2.  Financial Report for Belgrave Water

Report was reviewed, for Councils information.  The Clerk will proceed to prepare the Financial Plan for the water system.

10.5    Letter from George Underwood:

A letter was reviewed, for Councils information, concerning restrictions on the use of Rural Buildings.

10.6 Remembrance Day:

Brussels Service:  Jamie McCallum will attend the ceremonies.

Wingham Service and dinner:  Paul Gowing will attend the ceremonies.

10.7 Santa Claus Parades:

The Wingham and Brussels Parades are on Saturday November 26,2011.

The Municipality will have a float in the parades.

Wingham @  11 am  Paul Gowing, Jamie Heffer and possibly Jason Breckenridge will  
attend.

Brussels  @  5 pm  Paul Gowing, Jamie McCallum and child, Dave Baker, and                      
John Smuck and his sons will attend.

11) By-Laws:

11.1 By-law to authorize agreement with the Town of Goderich

Motion:  454-2011      Moved by Jason Breckenridge             Seconded by Jamie Heffer

"That By-Law No. 66-2011 be adopted as given first, second, third and final readings being a by-law to authorize the Mayor and Clerk to execute and affix the Corporate seal to authorize the agreement with the Town of Goderich, to share services for Building Inspection,  for the Municipality of Morris-Turnberry.”

Disposition      Carried

11.2 By-law to Sell Property

 

Motion:  455-2011      Moved by Jamie McCallum     Seconded by Neil Warwick

"That By-Law No. 58-2011 be adopted as given first, second, third and final readings     
being a by-law to sell property, located in the Geographic Township of Turnberry, being all of John Street (known as Stacey Street) between West Street and Mary treet                        
and all of Patrick Street between West Street and Mary Street and all of Alfred Street        
between West Street and Mary Street and all of Lane between Lots 158 to 162 and   
Lots 183 to 187 and part of Lane between Lots 153 to 157 and Lots 188 to 192 and part of
Kate Street between John Street (known as Stacey Street) and Water Street (previously known as Victoria Street and now known as Turnberry Street), Plan 410, Geographic                             
Township of Turnberry, Municipality of Morris-Turnberry, being described as Parts 1-21 on Reference Plan 22R-5844, for the Municipality of Morris-Turnberry.”

Disposition      Carried

12) Council Reports:

Jason Breckenridge:

He attended a Hall Board meeting and did not attend the History Book meeting.

Jamie McCallum:

He attended the School Board Transition Meeting on October 27th.  They said they are going to try   to continue with the local school fairs.

Jamie Heffer:   No report

David Baker:   No report

John Smuck:

He attended the Huron County Federation of Agriculture meeting.  Chris Palmer was the guest  
speaker.  An award was given to Paul Steckley.

Neil Warwick:   No report.

Paul Gowing:

On October 21st he attended the FE Madill Commencement.

On October 24th he attended the Emergency Planning Exercise.

On October 27th he attended the History Book meeting.  The launch date is tentatively  scheduled for April 14, 2012. 
Jenny Versteeg will engage someone, in the new year,   to help with proofreading and help Jenny as she doesn’t have enough time.

Another editorial letter, concerning  the History book was discussed and the committee said there was no need to respond.

13) Items for Information:

1.  Junior Farmers Association of Ontario – Winter Waltz Ball

2.  Thank you – Brianna Pfeffer

3.  Avon Maitland District School Board – System Directory

4.  Ministry of the Environment – Drinking Water

5.  Drainage Repair     Lamont/Deyell Drain – Beaver Dam

14) Minutes

1.  Maitland Valley Conservation Authority

2.  Drinking Water Source Protection

15) Other Business:

1.  Jason Breckenridge had a sample of the History Book indexing.

2.  Jamie McCallum asked about the CPI.   The Clerk said it will be reviewed in the Personnel Policy next week.

3.  There was no other business to present.

16) Additions to the agenda for the next meeting:

1. Agenda for November 8th  meeting:

At the meeting on November 8th for Personnel Policy and Alcohol Policy, An  item will  be added to discuss a development proposal, which  will be in closed session.

2.Meeting with the MOE  - to discuss the Morris Landfill Proposal

The date is proposed for either  November 24th     or December 5th.  .

The MOE is coming here for the meeting,  as well as Burnside representatives.

Mayor Gowing,   Director of Public Works – Gary Pipe and  Nancy Michie,  John Smuck and Dave Baker will attend.

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

Meeting.

Keith Roulston and Pauline Kerr left the meeting.

17)  Closed Session:

1.   Taxation appeal and Refund

2.   Governance Report to the Council

3.   Employee report

4.   Fire Suppression – Confidential Matter

1.1  Enter into Closed Session:                                                        9:35 pm

Motion:  456-2011      Moved by John Smuck                        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)  Items  1 and 3:   confidential matter concerning an identifiable individual  and   Item 2  - Section 239 (2) (e)  litigation affecting the municipality ;   ”

Disposition      Carried

1.2 Adjourn the Closed Session:                                       11:05

Motion:  457-2011      Moved by Jason Breckenridge             Seconded by Neil Warwick

“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.

Council discussed confidential issues concerning taxation, governance, employees and                 
Fire Issues.

Extension of the Meeting:

Motion:  458-2011      Moved by David Baker                       Seconded by John Smuck

“That the meeting be extended past 10:30 pm.”

Disposition       Carried.

18)  By-law   67 - 2011    Confirmatory by-law

Motion:  459-2011       Moved by Jamie McCallum    Seconded by Jason Breckenridge

"That By-law No. 67 -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 November 1, 2011."

Disposition      Carried

19) Adjournment:

 

Motion:  460-2011    Moved by Jamie Heffer                       Seconded by John Smuck

"That the meeting be adjourned at  11:07  pm. and this is deemed to be           
2-4 hour meeting."

Disposition     Carried

 

                                                                                                                 

                                                                        Mayor, Paul Gowing

 

 

                                                                                                                       

                                                                        Clerk, Nancy Michie