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Meeting Minutes

Tuesday June 18, 2013


Tuesday June 18, 2013

"ANY MINUTES POSTED BEFORE APPROVED BY COUNCIL ARE ONLY DRAFT MINUTES!!!"
MUNICIPALITY OF MORRIS-TURNBERRY
COUNCIL CHAMBERS
41342 Morris Road
Tuesday, June 18th, 2013 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
Gary Pipe                      Director of Public Works
Bob Trick                      Animal Control Officer

Others in Attendance:
1.      Jackie Riggs                        The Wingham Advance Times
2.      Denny Scott                       The Blyth/Brussels Citizen
3.      Nelson and Donna Nicholson
4.      Group for Animal Control By-law-   Myron Shwadchuck;  Jennifer Wick, Mike Wick, Mike Clarke and son-Luke.

2) Agenda:
A listing from the Clerk was added to the agenda for consideration, as the items were of an urgent nature.
The time of Item #7 Animal Control By-law – Bob Trick will be changed to 8:30 and Item # 8 Public Works – Gary Pipe will be moved up to 7:35 pm following the accounts.
John Smuck requested to discuss Dog Taxes and Dave Baker requested an item regarding an Identifiable Individual to be discussed in Closed Session.

Adoption of Agenda:
Motion:  242-2013      Moved by Jason Breckenridge                        Seconded by Jamie McCallum
“That the agenda for the meeting of June 18th, 2013 be adopted as amended.”
Disposition                       Carried

3) Declaration of Pecuniary Interest:
Neil Warwick declared a pecuniary interest for Item No. 6 Accounts, since Neil’s Auto Repair is on the Road Accounts.
No other member declared a pecuniary interest, at this time.

4) Minutes:

Motion:  243-2013       Moved by John Smuck                       Seconded by Jamie Heffer
“That the minutes of the June 4th, 2013 Council Meeting, be adopted as circulated.”
Disposition                       Carried

5) Business from the Minutes
Jason Breckenridge asked if any of the Council have been approached regarding the Animal Control By-law.  Neil Warwick received one email and one phone call. John Smuck received a phone call.  Dave Baker received one email.
There was no other business from the minutes to be discussed.

6) Accounts

Motion:  244-2013      Moved by John Smuck                        Seconded by Dave Baker
"That the Accounts dated June 18th, 2013 be approved for payment in the amount of $ 1,093,033.95,   which does not include Neil’s Auto Repair in the amount of $ 728.59 and
Strongco in the amount of $ 40,193.30.”
Disposition                        Carried

Neil Warwick declared a pecuniary interest and left the table.

Motion:  245-2013      Moved by Jason Breckenridge             Seconded by Dave Baker
“That the account of Neil’s Repair Service in the amount of $728.59 be approved for payment.”
Disposition           Carried

Neil Warwick returned to the table.

8) Public Works:    Gary Pipe – Director of Public Works                  7:35 pm

1.  Gravel Tender
Tender Listing

Motion:  246-2013      Moved by Jamie Heffer                       Seconded by John Smuck
“That the tender submitted by Johnston Bros. (Bothwell) Ltd. for the Clyde Line gravel,  300 m North of Walton Road to Blyth Road,   be accepted at the tender price of $ 82,868.55.”
Disposition         Carried

2.  MVCA 2014 Roadside/Windbreak Planting Program

Motion:  247-2013      Moved by Neil Warwick          Seconded by Dave Baker
“That the Municipality of Morris-Turnberry order 200 trees from the Maitland Conservation Authority for the 2014 Roadside/Windbreak Planting Program.”
Disposition      Carried

3.  Other Business for information:
1.   Turnberry Landfill Site – C of A - New wells have been installed.
2.   Sign at the MTO park on Amberley Road – The Council prefer that a sign be erected at the park.
3.  Reconstruction of County Road 12 – Turnberry Street- Village of Brussels- an update was received from the County of Huron on the matter.

Jackie Riggs, Denny Scott,  Donna Nicholson, Nelson Nicholson, Myron Shwadchuck, Jennifer Wick, Mike Wick, Mike Clarke and his son Luke left the meeting at 8:05 pm.

4.  Closed Session:   Roads Issue-

1.  Confidential Matter – Gravel Tender Issue:   pursuant to Section 239 (b) Personalmatters about an identifiable individual, including municipal or local board employees  and
Section 239 (e)  litigation or potential litigation;

1.1   Enter into Closed Session:                                                                      8:05 pm
Motion:  248-2013      Moved by John Smuck                        Seconded by Dave Baker
“That the Council adjourn the Public Session of Council and enter into a Closed to the Public Session for a matter:

1.   Confidential Matter – Gravel Tender Issue:   pursuant to Section 239 (b) Personalmatters
about an identifiable individual, including municipal or local board employees  and Section 239  (e)   litigation or potential litigation,   and that Nancy Michie and Gary Pipe be authorized to remain in attendance  for the Closed Session.”
Disposition      Carried

1.2  Adjourn the Closed Session:                                                                   8:20 pm
Motion:  249-2013      Moved by John Smuck                        Seconded by Jason Breckenridge
“That the Council adjourn the Closed to the public session and re-enter regular open session of council.”
Disposition      Carried

Jackie Riggs, Denny Scott, Donna Nicholson, Nelson Nicholson, Myron Shwadchuck, Jennifer Wick, Mike Wick, Mike Clarke and his son Luke returned to the meeting at 8:20 pm.

1.3 Report to the Public from Closed Session.
The Council discussed a matter concerning Identifiable Individuals, from an email received  in regards to a Gravel Tender.
The Mayor reported that there was nothing out of the ordinary by the contractor subletting the contract, the Municipality concurred with the terms of the contract and a letter will be
drafted and sent in response to the person who submitted the email.  The payment by the Municipality will not change due to the subletting of the tender.

Gary Pipe left the meeting at 8:20 pm.

7)  Draft Animal Control By-law
Bob Trick was in attendance to review the 6th draft with the Council.

1.Bob Trick                                                                                                             8:25 pm
The 6th Draft Animal Control By-law was reviewed.
Several amendments were suggested.
There were several outbursts from the public.

Neil Warwick vacated his chair and left the meeting at 8:50 pm.

Motion:  250-2013      Moved by Jamie Heffer                       Seconded by Jamie McCallum
“That the Council of the Municipality of Morris-Turnberry authorize that the amended consolidated version of the Animal Control By-law be forwarded to legal counsel for review of  the legalities  of the document.”
Disposition      Carried

2. Date for a Public Meeting for the Animal Control By-law
The Tentative Date of Thursday, September 26, 2013, is set for the Public meeting.
Nancy Michie is authorized to set up a Public Meeting and invite speakers.

3. Email from Jeanette Walker regarding Foster Dogs

Motion:  251-2013      Moved by Jason Breckenridge Seconded by John Smuck
“That the Council of the Municipality of Morris-Turnberry look into adding to the Animal Control By-law, a section for  a Registered Charity or Non-Profit Organization to foster dogs; 
the property would have to be eligible for a kennel licensing fee in the rural area.”
Disposition      Defeated

4. List of Questions and answers from the June 4th meeting:

Motion:  252-2013      Moved by Jason Breckenridge             Seconded by Jamie McCallum
“That the Council of the Municipality of Morris-Turnberry approve the list as amended,  of the June 4th questions and answers, regarding the Animal Control By-law,   and send a reply back to the presenters and publish on the website by June 28, 2013.”
Disposition      Carried

Break:  The Council took a short break at 9:40 pm and returned at 9:55 pm.

Bob Trick left the meeting at 9:40 pm.

Donna Nicholson, Nelson Nicholson, Myron Shwadchuck, Jennifer Wick, Mike Wick left the meeting at 9:40 pm.

Mike Clarke and Luke Clarke remained at the meeting.

9) Business:

9.1  Property Standards By-law

Motion:  253-2013      Moved by Jamie McCallum     Seconded by John Smuck
“That the Council of the Municipality of Morris-Turnberry authorize the draft by-law be deferred to the next meeting.”
Disposition      Carried

9.2 Liquor Sales Licence for the Bluevale Hall

Motion:  254-2013      Moved by John Smuck                        Seconded by Jamie Heffer
“That the Council of the Municipality of Morris-Turnberry defer the discussion for the Liquor Sales Licence, for the Bluevale Hall,   to the next meeting.”
Disposition      Carried

9.3 Grade 8 Graduation - F E Madill Elementary School
The Grade 8 Graduation will be heldMonday, June 24, 2013 at 7:00 pm at F E Madill Elementary School.
The Mayor has been invited to attend.

Motion:  255-2013      Moved by Jason Breckenridge             Seconded by Jamie McCallum
“That the Council of the Municipality of Morris-Turnberry donate $200.00 towards the F E Madill Elementary School Grade 8 Graduation Ceremony being held on Monday  June 24, 2013,    in lieu of award funds.”
Disposition      Carried

9.4  Energy Conservation and Demand Management Plans

Motion:  256-2013      Moved by Jason Breckenridge             Seconded by Jamie McCallum
“That the Council of the Municipality of Morris-Turnberry receive  the Summary of Annual Energy Consumption and Greenhouse Gas Emissions Report, as submitted June 18, 2013 and
forward to the Ontario Ministry of Energy by July 1,2013.”
Disposition      Carried

9.5 Waiver of Fees for Good Forestry Practices:
A copy of the County of Huron By-law was attached, for information.

9.6   Brussels St. John Ambulance AMFR Unit 901:
July 6th    2 - 4 pm - Carol Henderson has requested someone to attend.
Paul Gowing will attend.

9.7 Surplus Lands:

Motion:  257-2013      Moved by Jamie McCallum     Seconded by Dave Baker
“That the Council of the Municipality of Morris-Turnberry hereby deem the following land as surplus to the needs of the municipality and proceed to obtain two opinions of value for the
property, and advertise the property for sale:
1.      83019 Brussels Line, Walton, ON.”
Disposition      Carried

Motion:  258-2013      Moved by Jamie McCallum     Seconded by Jason Breckenridge
“That the Council of the Municipality of Morris-Turnberry proceed with a survey for the  Belgrave property , in concurrence with the  planning process and entrance.”
Disposition      Carried

10) By-laws:

10.1 Sewage System Management Agreement

Motion:  259-2013      Moved by John Smuck                        Seconded by Jamie McCallum
"That By-Law No. 40-2013 be adopted as given first, second, third and final readings being a by-law to authorize the termination of the Sewage System Management Service
Agreement between the Corporation of the Municipality of Morris-Turnberry and the County of Huron, for the Municipality of Morris Turnberry.”
Disposition      Carried

11)  Council Reports:

Jason Breckenridge:
He had no meetings.  He will be attending the MVCA meeting on June 19th.

Jamie McCallum:
He attended a CHIP meeting last week.

Jamie Heffer:
He attended a Belmore Community Centre meeting June 17th.

David Baker:   No report.

John Smuck:
He attended two drain meetings-  Press-Ballagh Drain and Armstrong Drain on Glenannon Road.

Neil Warwick:  Absent

Paul Gowing:
On June 14th he had a walk through the Brussels Library.
He will be attending the Grand Opening of New Concept Doors in Wingham.

12)  Items for Information:
1.  Town of Petrolia – “Not a Willing Host Community”
2.  Municipality of South Bruce - “Not a Willing Host Community”
3.  Listowel-Wingham Hospital Alliance – Newsletter
4.  New Concept Doors   - Grand Opening   June 21st   11 am to 2 pm

13) Minutes
1.  Business Retention + Expansion/Economic Development Committee
2.  Brussels, Morris and Grey Board of Recreation

14) Other Business:
1.  Not a Willing Host Community for Wind Turbine Development

Motion:  260-2013      Moved by Jason Breckenridge             Seconded by John Smuck
“That the Council of the Municipality of Morris-Turnberry prepare a proper motion that Morris-Turnberry is Not a Willing Host Community for Wind Turbine Development and  this motion will be sent to all other municipalities.”
Disposition      Carried

2.  Dog Tax
The Council discussed the Dog Tax Fee and process.

3.  AMO Conference -
The Council does not wish to make a presentation at the AMO conference.

4.  Stratford Festival Civic Night – June 19, 2013
The notice was received and filed.

5.  There was no other business to present.

15)  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.

Mike Clarke and Luke Clarke left the meeting at 10:30 pm.

Jackie Riggs and Denny Scott left the meeting at 10:30 pm.

Extension of the Meeting:
Motion:  261-2013      Moved by Jason Breckenridge Seconded by Dave Baker “That the meeting be extended past 10:30 pm.”
Disposition       Carried

16)  Closed Session:

1.Property issue:  pursuant to Section 239(2) (c) Proposed or pending acquisition  or disposition of land by the municipality or local board;

2.Plumbing Service:      pursuant to Section 239(2) (b) Personal matters about an identifiable individual, including municipal or local board employees and Section 239 (e)  litigation or potential litigation;

3.Confidential Matter-   Employee Issue and potential Legal Issue:   pursuant to Section 239 (b) Personalmatters about an identifiable individual, including municipal or local board employees and Section 239 (e)  litigation or potential litigation;

4.Confidential Matter-   Dave Baker Request:  pursuant to Section 239 (b) Personalmatters about an identifiable individual, including municipal or local board employees  and Section 239 (e)  litigation or potential litigation;

1.1  Enter into Closed Session:                                                        10:30 pm
Motion:  262-2013      Moved by Jamie McCallum     Seconded by Jamie Heffer
“That the Council adjourn the Public Session of Council and enter into a Closed to the Public Session for all matters:

1. Property issue:  pursuant to Section 239(2) (c) Proposed or pending acquisition or disposition of land by the municipality or local board;

2.Plumbing Service:      pursuant to Section 239(2) (b) Personalmatters about an identifiable individual, including municipal or local board employees and Section 239 (e)  litigation or potential litigation;

3.Confidential Matter-   Employee Issue and  potential Legal Issue:   pursuant to Section 239 (b) Personalmatters about an identifiable individual, including municipal or local board employees  and Section 239 (e)  litigation or potential litigation;

4.Confidential Matter-   Dave Baker’s Request:  pursuant to Section 239 (b) Personal matters about an identifiable individual, including municipal or local board employees  and Section 239 (e)  litigation or potential litigation;

Disposition               Carried

1.2  Adjourn the Closed Session:                                                   11:00 pm
Motion:  263-2013      Moved by Jason Breckenridge Seconded by John Smuck
“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 – Property issue, Plumbing Service, Employee Issue and potential Legal Issue, Confidential Matter - Dave Baker’s request and the Clerk was given direction for action.

17) By-law 41 - 2013    Confirming by-law
Motion:  264-2013      Moved by Jamie Heffer                       Seconded by John Smuck
"That By-law No. 41-2013 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 June 18, 2013."
Disposition      Carried

18) Adjournment:
Motion:  265-2013      Moved by Dave Baker                         Seconded by Jamie McCallum
"That the meeting be adjourned at 11:00 pm. and this is deemed to be a  2 – 4 hour meeting."
Disposition      Carried

                                                                        __________________________
                                                                                                Mayor, Paul Gowing

                                                                                   
                                                                                                                                               
                                                                                                Clerk, Nancy Michie