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Meeting Minutes

Tuesday February 19, 2013


Tuesday February 19, 2013

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

MUNICIPALITY OF MORRIS-TURNBERRY
COUNCIL CHAMBERS
41342 Morris Road
Tuesday, February 19, 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
Steve Fortier                  Chief Building Official
Consultants:                 Carol Leeming            Huron County Planner


Others in Attendance:
Jackie Riggs                  The Wingham Advance Times
Jeff Allan                      First Ontario Energy
Greg Rossetti                 Bondfield Construction Company Limited
Paul Shaw                     Landowner

2) Agenda:
A listing from the Clerk was added to the agenda for consideration, as the items were of an urgent nature.

Adoption of Agenda:
Motion:  67-2013      Moved by          Neil Warwick             Seconded by Jamie McCallum
“That the agenda for the meeting of February 19th, 2013 be adopted as amended.”
Disposition                        Carried

3)  Declaration of Pecuniary Interest:
Dave Baker declared a pecuniary interest for Item No. 8 Nichol Municipal Drain,  
since he is a landowner on the drain.
No other member declared a pecuniary interest, at this time.

Steve Fortier arrived at the meeting.

4) Minutes:

Motion:  68-2013       Moved by Jason Breckenridge             Seconded by John Smuck
“That the minutes of the February 5th and February 12th, 2013 Council Meetings, be adopted as circulated.”
Disposition                       Carried

Jeff Allan and Greg Rossetti arrived at the meeting.

 

5) Business from the Minutes
1.  Jason Breckenridge questioned Item #7.5 Guelph to Goderich Rail Trail Initiative in the February 5, 2013 minutes.  The proposal was approved in principle by the County. 
He has concerns that the Mayor voted different than the direction of the Council.
The Mayor said he votes as he believes is best.

Motion:  69-2013        Moved by Jason Breckenridge             Seconded by John Smuck
“That the Council of the Municipality of Morris-Turnberry direct the staff to prepare a report on what options there are for the County Representative, for  representation in General, and if  the Mayor can be directed on voting.”
Disposition      Defeated

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

Gary Pipe and Paul Shaw arrived at the meeting.

6)  Accounts
Motion:  70-2013        Moved by Jamie McCallum     Seconded by Jason Breckenridge
"That the Accounts dated February 19th, 2013 be approved for payment in the amount of $112,336.33.”
Disposition      Carried

7) County Bridge Rehabilitation:
Clegg’s Bridge- Project BR 1076/ Morris Road
Gary Pipe was in attendance.
Gary Pipe said the bridge will be closed, and they will use one lane at a time during construction.

Motion:  71-2013        Moved by Neil Warwick          Seconded by Jamie Heffer
“That the Council of the Municipality of Morris-Turnberry receive the report on the rehabilitation
for the Clegg’s Bridge, Morris Road.”
Disposition     Carried

8)  Nichol Municipal Drain Report – 2012                                             7:40 pm
Court of Revision – By-law and Notice was available
Report by Bill Dietrich - Dietrich Engineering Limited
Bill Dietrich was not in attendance.

8.1  Members of the Court of Revision:   Motion from January 29,2013

Motion:  35-2013        Moved by John Smuck                        Seconded by Jamie Heffer
“That the Council of the Municipality of Morris-Turnberry set the date for the Court of Revision for the Nichol Municipal Drain as February 19, 2013; and that the following be appointed to sit on the committee:  3 members -  Paul Gowing, Neil Warwick and Jason Breckenridge.”
Disposition      Carried

8.2   Close the Regular Session of Council:
Motion:  72-2013        Moved by Jamie Heffer                       Seconded by John Smuck
“That the regular meeting of council be adjourned and enter into the Court of Revision for the Nichol Municipal Drain, 2012.”
Disposition     Carried

Dave Baker declared a pecuniary interest and left the table for the Nichol Municipal Drain.

Jamie Heffer, Jamie McCallum and John Smuck pushed back from the table.

8.2.3  Chairperson:
Motion:  73-2013        Moved by Neil Warwick          Seconded by Paul Gowing
“That the Chairperson for the Court of Revision be Jason Breckenridge.”
Disposition     Carried

8.2.4  Chairperson -      Open the Court.
Jason Breckenridge declared that the Court be opened.

8.2.5  Appeals:
1.   Review the written appeals:
No appeals had been received.

2. Ask the floor if any verbal appeals.
There were no verbal appeals from the floor.

3. Deliberation by the Court of Revision Members:
There were no comments from the 3 members of the Court of Revision; Jason Breckenridge,
Paul Gowing, and Neil Warwick.

4.  Decision of the Court:
There was no opposition to the revised report.

5. Adjournment:
Motion:  74-2013        Moved by Neil Warwick          Seconded by Paul Gowing
"That the Court for the Nichol Municipal Drain Report- 2012 be adjourned.”
Disposition      Carried

The Mayor called that the Regular Session of Council be reconvened at 7:50 pm.

Dave Baker returned to the table at 7:50 pm.

8.3  Tender:
Comments from Dietrich Engineering:
Dietrich Engineering  recommended that the contract for the construction of the Nichol Drain be awarded to A.G. Hayter Contracting Limited for a total tendered price of $143,917.50 less  the Main Drain Open Items #3 and 4, which is the supply and installation of 1800mm diameter corrugated pipe ($6,600), for a revised contract price of $137,317.50 plus HST.

Motion:  75-2013        Moved by John Smuck                        Seconded by Jason Breckenridge
“That the tender for the construction of the Nichol Drain , 2012,   be awarded to A.G. Hayter Contracting Limited for a total tendered price of $143,917.50 less the Main Drain Open
Items #3 and 4, which is the supply and installation of 1800mm diameter corrugated pipe  ($6,600), for a revised contract price of $137,317.50 plus HST.”
Disposition      Carried

9)   Planning:
9.1  Zoning Amendments:                                                                7:50 pm                      
Carol Leeming – Huron County Planner

Subject Lands:   Part of Lot 43, Concession 1, Turnberry Ward
Owner, Paul Shaw was in attendance.

1.Planning Report by Carol Leeming -  The planning report dated
February 13, 2013, recommends approval.     The MVCA has been concerned with the grain storage and has no objections if the storage of grain is removed.

2. Applicants comments – Paul Shaw was okay with the report.

3. Council comments and questions – The Council asked if a further zoning amendment is
required for a residence.  The property will be under Site Plan control as it is developed. The site plan needs to identify where the buildings will be located.
MVCA will review it and the Council will consider the Site Plan, prior to approval.

4.  Explanation of the Process following the Public Meeting by Mayor Gowing
If the By-law is passed, the Clerk is required to send Notice of Passing of the By-law, to all persons and agencies notified of this Public Meeting.  There is a 20 day objection    period from the time Notice of Passing of the by-law has been mailed by  first class mail, wherein submissions/letters of objections or support in respect to the  passing of the
By-law, will be received by the Clerk.

5.  Adjournment:
Motion:  76-2013        Moved by John Smuck                        Seconded by Jamie Heffer
“That the meeting be adjourned and re-enter regular session of council.”
Disposition      Carried

9.2  By-law:

1.        No further Notice required:
Motion:  77-2013        Moved by Neil Warwick          Seconded by Jason Breckenridge
“That  ‘No further Notice’ is required for the Zoning Amendment application for Part  of Lot 43, Concession 1, Turnberry Ward, Municipality of Morris-Turnberry, pursuant to Section 34 ( 17) of the Municipal Act,  due to the minor change to the by-law of removing the grain storage use.”
Disposition   Carried

By-law:
Motion:  78-2013           Moved by Neil Warwick       Seconded by John Smuck
“That By-law No. 13-2013,  dated February 19,2013,    be passed as given first, second, third and final readings,  being a by-law to change the zoning from ‘General Agriculture (AG1)’ to ‘Agricultural Commercial-Industrial-Special (AG3-7)’;   for  Part of Lot 43, Concession 1, Turnberry Ward,Municipality of Morris-Turnberry.”
Disposition  Carried               Unanimous

Paul Shaw left the meeting at 8:00 pm.

10)  Solar Generating Facility                                                                   8:00 pm
A presentation was made by First Ontario Energy Inc- Jeff Allan and a representative from Bondfield Construction Company Limited – Greg Rossetti.

The proposal is for a Solar Farm to be located at Lot 27 Concession 12, Turnberry and
Lot 28 Concession 12, Turnberry.
The proposal is for a 10 MW ground mount solar generating facility, over an 80 acre parcel of land.
There was general discussion.
A copy of the guidelines will be forwarded to the council.
Jeff Allan and Greg Rossetti left the meeting at 8:50 pm.

1.  FIT Program:
Motion:  79-2013  Moved by Jamie Heffer     Seconded by Jason Breckenridge
“That the Council of the Municipality of Morris-Turnberry receive the report and defer the consideration of the FIT resolution, at the next meeting.”
Disposition      Carried

11)  Urban Design Guide                                                                           8:30 pm
Carol Leeming - Planner
A report on the Urban Design proposal for Huron County was presented for the Council’s information.

Carol Leeming, Steve Fortier and Gary Pipe left the meeting.

12) Business:                                                                                             8:45 pm

12.1 Appointment to the SVCA for 2013
A report was attached for Council’s information, confirming the SVCA 2013 appointment.

12.2     Grant Allocation Request Form- Fiscal year 2013/14
Grants for the Cost for Employing a Drainage Superintendent

Motion:  80-2013        Moved by Jason Breckenridge Seconded by Jamie Heffer
“That the Council of the Municipality of Morris-Turnberry approve the Grant Allocation Request Form- Fiscal year 2013/14, Grants for the Cost of Employing a Drainage
Superintendent, in the amount of $12,372.60.”
Disposition      Carried

12.3  Appointment of Paralegal Firm of MTE

Motion:  81-2013        Moved by Neil Warwick          Seconded by Jamie McCallum
“That the Council of the Municipality of Morris-Turnberry approve the appointment of MTE Paralegal Professional Corporation to act as an agent for the Municipality of Morris-Turnberry
for assessment appeals for Commercial and Industrial appeals for 2013.”
Disposition      Carried

12.4  M111– Expression of Interest
Letter of February 6th, 2013 was presented for the Council’s information, advising that the  Municipality of Morris-Turnberry was not approved to move to the next step of the M111 process.

12.5  Tax Due Dates and Interim Percentage for 2013

Motion:  82-2013        Moved by John Smuck                        Seconded by Jason Breckenridge
“That the Council of the Municipality of Morris-Turnberry approve the tax due dates for 2013, as follows: Thursday,  April 25, 2013;   Thursday,  June 27th , 2013;  Thursday, September 26th , 2013;  and Thursday,  November 28th, 2013; and that the interim taxes be billed at the 45% rate.”
Disposition      Carried                    Two opposed

12.6   R J Burnside Client Night      Wednesday, March 27th, 2013
Paul Gowing will attend, and the invitation will be presented to the Council at the next  meeting to see if other members wish to attend.

12.7   Business Retension and Expansion (BR+E) project
The meeting for Morris-Turnberry business entrepreneurs will be Wednesday, March 6th, 2013,  at the Wingham Golf and Curling Club.  All members of the Council will attend.
The Council will consider the committee appointment, at the next meeting.

12.8  Risk Management Official/ Inspector Training Course
Motion:  83-2013        Moved by John Smuck                        Seconded by Jason Breckenridge
“That the Council of the Municipality of Morris-Turnberry approve that Steve Fortier be authorized to attend the Risk Management Official/Inspector Training Course, March 4-8, 2013.”
Disposition      Carried

13)  Council Reports:

Jason Breckenridge:
He attended the fire meeting on February 13, 2013,   and was disappointed that the people were not flexible.    
He will attend MVCA on February 20, 2013.

Jamie McCallum:
He missed the CHIP meeting due to the Fire Meeting.

Jamie Heffer:
He attended the Belmore Community Centre meeting on February 18th.  They are looking at how to trim costs.  The propane generator was installed.  The accessible doors are in and working.

David Baker:
He missed the BMG Community Centre meeting due to the Fire Meeting. He was disappointed with the Fire Meeting.

John Smuck:
He attended a Doctor Recruitment meeting.  The website is up and running.
He feels that the fire meeting has gotten nowhere and he is sick of wasting money.

Neil Warwick:   No report

Paul Gowing:
He attended the Wingham Creek Development meeting on February 6th.
He attended the Clinton Paralympics meeting on February 11th. They have a strong bid.
He attended the February 13th Fire meeting and hoped for different results.
On February 22nd he will attend the Huron County Federation of Agriculture Annual Meeting.
On February 8th he had a teleconference with Lisa Thompson MPP regarding OMFP, OSWAP, and Provincial Policy Statement.

14)  Items for Information:
1.  Ordinary People in Emergencies
2.  Press release- SVCA
3.  Personal Responsibilities as a Councillor
4.  WOWC - Ultra High Speed Broadband Network Study
5.  Ontario Underground Infrastructure Notification System Act
6.  Huron County Crime Stoppers
7.  Mandatory Septic System Re-inspection Program – file this in the file
8.  OMERS for 2013
9.  MPAC 2012 Quarterly Report
10.  Premier Wynne and new Ontario Cabinet sworn in

15)   Minutes                                                                                                                                                          
1.  Wingham & Area Health Professionals Recruitment Committee
2.  MVCA
3.  Bluevale Community Hall Board Minutes

16)  Other Business:
1.  HCFA Annual Meeting – Friday, February 22, 2013 at 10 am at Clinton Legion. Paul Gowing will attend.

2.  Presentation to the Honourable Jeff Leal – Minister of Rural Affairs – SWAP program funding for the Belgrave Water System. The presentation will be made on February 26, 2013, at the OGRA/ROMA conference.

3.  There was no other business to present.

17) 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.

Break:   The Council took a short 5 minute break at 9:40 pm.

Jackie Riggs left the meeting at 9:40 pm.

18) Closed Session:

1.2013  Market Check   and Pay Equity Review:    pursuant to Section 239(2) (b) Personal  matters about an identifiable individual, including municipal or local board employees;

2. Report on Litigation matter:  pursuant to Section 239(2) (e) litigation or potential   litigation ….., affecting the municipality or local board

3.Matter concerning paid Mileage : pursuant to Section 239(2) (b) Personal matters about an identifiable individual, including municipal or local board employees;

4. Fire Service Proposal with North Huron:  pursuant to Section 239(2) (b) Personal matters about an identifiable individual, including municipal or local board employees and pursuant to Section 239(2) (c) proposed or pending acquisition of land  by the municipality.”

1.1  Enter into Closed Session:                                            9:40 pm
Motion:  84-2013        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. 2013  Market Check   and Pay Equity Review:    pursuant to Section 239(2) (b) Personal  matters about an identifiable individual, including municipal or local board
employees;

2. Report on Litigation matter:  pursuant to Section 239(2) (e) litigation or potential   litigation ….., affecting the municipality or local board

3. Matter concerning paid Mileage : pursuant to Section 239(2) (b) Personal matters about an identifiable individual, including municipal or local board employees;

4. Fire Service Proposal with North Huron:  pursuant to Section 239(2) (b) Personal matters about an identifiable individual, including municipal or local board employees;   pursuant to Section 239(2) (c) proposed or pending acquisition of land by the municipality.”
Disposition                       Carried

1.2 Adjourn the Closed Session:                                       10:40 pm
Motion:  85-2013        Moved by Jamie McCallum     Seconded by Jason Breckenridge
“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- 2013 Market Check   and Pay Equity Review, Report on Litigation matter, Matter concerning paid Mileage, Fire Service Proposal with North Huron.

1.4  Action from the Closed Session:

Motion:  86-2013        Moved by Jason Breckenridge             Seconded by Jamie McCallum
“That the Council of the Municipality of Morris-Turnberry approve of the following action from the Closed Session discussion:     to direct the Clerk to negotiate with the North Huron CAO/Clerk for a Fire Service agreement.”
Disposition      Carried

19)  By-law 16 - 2013    Confirming by-law

Motion:  87-2013        Moved by Jamie McCallum     Seconded by Dave Baker
"That By-law No. 16 -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 February 19, 2013."
Disposition      Carried

20) Adjournment:
Motion:  88-2013        Moved by John Smuck                        Seconded by Jamie Heffer
"That the meeting be adjourned at 10:40 pm. and this is deemed to be a  2 – 4 hour meeting."
Disposition      Carried

                                                                        __________________________
                                                                                                Mayor, Paul Gowing

                                                                                   
                                                                                                                                               
                                                                                                Clerk, Nancy Michie