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Meeting Minutes

Tuesday January 10, 2012


Tuesday January 10, 2012

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

MUNICIPALITY OF MORRIS-TURNBERRY
COUNCIL CHAMBERS
41342 Morris Road
Tuesday  January 10th     2012   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, except Neil Warwick- who was absent.

Council in Attendance:
Paul Gowing
Jason Breckenridge
David Baker
Jamie Heffer                            
Jamie McCallum                      
John Smuck
Absent:
Neil Warwick


Staff in Attendance:
Nancy Michie                Administrator Clerk Treasurer
Steve Fortier                  Chief Building Official
Gary Pipe                      Director of Public Works

Others in Attendance:
Keith Roulston              The Blyth/Brussels Citizen
Jackie Riggs                 The Wingham Advance Times
2)      Agenda:
A listing from the Clerk was added to the agenda for consideration, as the items were of an urgent nature.  Also, John Smuck asked for an update on the New Elementary School.

Adoption of Agenda:
Motion:  1-2012       Moved by Jason Breckenridge               Seconded by Jamie McCallum
“That the agenda for the meeting of January 10, 2012 be adopted, as amended.”
Disposition                        Carried

3) Declaration of Pecuniary Interest:
No member declared a pecuniary interest, at this time.

4)  Minutes:
Motion:  2-2012          Moved by Jason Breckenridge                         Seconded by Jamie Heffer
“That the minutes of the December 20th, 2011 Council Meeting, be adopted as circulated.”
Disposition                        Carried

 

5)  Business from the Minutes
There was no other business from the minutes to be discussed.

6) Accounts
Motion:  3-2012                      Moved by John Smuck                        Seconded by Jamie McCallum
"That the Accounts dated   January 10th, 2012 be approved for payment in the amount of  $ 161,902.06 and the 2011 payables in the amount of $ 166,539.52.”
Disposition      Carried

 

Gary Pipe and Carol Leeming arrived at the meeting at 7:40 pm.

7)         Zoning Amendment:                                                                          7:40 pm
Carol Leeming – Huron County Planner
Subject Lands:  North Part of Lots 17 & 18,  Concession 1, Morris  Ward
Owner:   Rastorfer Farms Inc.

Sherry McLaughlin arrived at the meeting at 7:41 pm.

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 change the zoning on the North Part of Lots 17 & 18, Concession 1, Morris Ward, Municipality of Morris-Turnberry
         from ‘General Agriculture (AG1)’ to ‘General Agriculture-Special Provisions (AG1-15)’ and to ‘Agricultural Small Holding – Special Provisions (AG4-36); and
         from ‘Agricultural Small Holding (AG4)’ to ‘General Agriculture-Special Provisions (AG1-15).

The rezoning is required as a condition of surplus residential consent application File B 7/11. The land to be zoned AG4-36 has an existing residence, shed, barn and is approximately 1 hectare (2.47 acres). The AG4-36 zone recognizes a reduced Minimum Distance Separation between the residence and the neighbouring barns (reduction of 167 feet) and manure storage area to the north (reduction of 495 feet); The Special AG4-36 also recognizes a reduced lot frontage of 8.5 metres (from the minimum lot frontage requirement of 23 metres).

A new residence is prohibited on the farmlands to be zoned AG1-15. This is a requirement of the Provincial Policy  Statement. The subject lands are located at 40949 Amberley Road / County Road 86. 

Peter Rastorfer and Ron Goetz arrived at the meeting, at this time.

3. County Planning Department – Carol Leeming recommended while the department did not support the corresponding severance application, this rezoning  is required as a condition of approved severance application B7/11.
Two minorchanges are suggested to the proposed zoning by-law amendment as it is noted that the AG1-15 zone should read ‘AG1-16’ as this is the zone in the Morris Zoning By-law that prohibits a house (not AG1-15 as that is the zone used   in Turnberry).  Also, the term ‘existing’ house is proposed to be taken out of the ZBLA wording to say ‘house’.  It is suggested that Council consider this change minor and pass a Resolution under Section 34 (17) of the Planning Act.

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

5. Applicants comments – The applicant had no comments.

6. Public comments – Ron Goetz was concerned as to where the farm entrance will be. 
The Planner said no entrance is shown on the diagram and the County Highways did not comment.  
There has been no application submitted and the entrance will be required prior to the Municipality signing off on the consent.

7. Council comments and questions – There were no comments from the Council.

8. 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.

Bob Trick arrived at the meeting at 7:50 pm.

9. Adjournment:
Motion:  4-2012          Moved by Jason Breckenridge             Seconded by John Smuck
“That the meeting be adjourned and re-enter regular session of council at 8:00 pm.”
Disposition      Carried

 

7.2  By-law:

1.   Amendment:
Motion:  5-2012          Moved by John Smuck                        Seconded by Jason Breckenridge
“That the amendment to the circulated by-law for the Rastorfer Farms Inc. application is minor in nature,   pursuant to Section 34 (17) of the Planning Act, and does not require recirculation;  the amendments are: ‘existing’ residence is to be deleted from the ZBLA wording and to change AG1-15 to AG1-16.”
Disposition      Carried

2.      By-law:
Motion:  6-2012          Moved by David Baker                       Seconded by John Smuck
“That By-law No. 3-2012   be passed as given first, second, third and final readings,  being a by-law to amend the zoning  for the North Part of Lots 17 & 18 Concession 1,  Morris Ward,  that are being created by severance application B7/2011;   the Zone change ‘from  General Agriculture -AG 1 Zone to AG 1-16  (General Agriculture -Special Provisions);  and from  General Agriculture -AG 1 Zone to AG 4-36  (Agriculture Small Holdings-Special Provisions, and from AG 4 (Agriculture Small Holdings  to  -AG 1-16 (General Agriculture -Special Provisions) Morris Ward, Municipality of Morris-Turnberry and that a farm entrance be applied for.”
Disposition      Carried

Carol Leeming, Peter Rastorfer and Ron Goetz left the meeting at 8:10 pm.

8)  Road Report-   Gary Pipe                                                      7:50 pm

1.       Entrance Policy:   Gary Pipe presented a report on an amendment for the Entrance Policy to amend the fee to $200.00, and a deposit of $500.00. The Council supported this request and the amendment will be added to the Amendments to Fees and Charges By-law.
2.      Turnberry Landfill:   Frank Vanderloo from BM Ross will be asked to attend the January 24th meeting to explain the report to the MOE and proposed well construction.
3.      SnowPlowing:   Jamie McCallum had received questions on the contractor using studs that will damage the pavement.  Gary Pipe will check into this.
4.      Some council members received pictures of soft shoulders in the snow plowing.

Motion:  7-2012          Moved by Jason Breckenridge             Seconded by Jamie McCallum
“That the Council of the Municipality of Morris-Turnberry receive the Road Report, as  submitted January 10, 2012.”
Disposition      Carried

Steve Fortier arrived at the meeting at 8:15 pm.

9)  Animal Control By-law:                                                           8:20 pm
Bob Trick- Animal Control and Sherry McLaughlin – for W & E Pulles Enterprises Inc.  
 were in attendance

A concern was discussed for dogs not being allowed on a lot with no residence.  The subject lot at 353 Turnberry Street, Lower Town is a legal non-conforming use and does not have a residence.  Therefore, in accordance with the Animal Control By-law, dogs are not allowed and tags cannot be issued.

1.   Report
Motion:  8-2012          Moved by Jason Breckenridge             Seconded by Jamie Heffer
" That the Council of the Municipality of Morris-Turnberry  approve to amend the Animal Control By-Law  No. 63-2004; section 2.2 will be amended to say.. “The maximum number
of dogs in an urban area allowed per household… or where a structure is deemed as a legal non conforming use.”
Disposition      Carried

Sherry McLaughlin left the meeting at 8:50 pm.

Bob Trick left the meeting at 8:55 pm.

Keith Roulston and Jackie Riggs left the meeting.

Break:    The Council took a short break, at this time.

10)  Closed Session:
1.      Request for Lane Closure in Lower Town

Gary Pipe, Steve Fortier were in attendance.

1.1  Enter into Closed Session:                                                        8:55 pm
Motion:  9-2012          Moved by Jamie Heffer                       Seconded by Jamie McCallum
“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)   confidential matter
concerning an identifiable individual  and (2) (a) security of property; ”
Disposition      Carried

1.2   Adjourn the Closed Session:                                                   9:20 pm
Motion:  10-2012        Moved by Jamie McCallum     Seconded by Jamie Heffer
“That the Council adjourn the Closed to the public session and re-enter regular open session of council.”
Disposition      Carried

Gary Pipe and Steve Fortier left the meeting at 9:20 pm.

1.3     Report to the Public from Closed Session.
Council discussed confidential issues concerning an Identifiable Individual.

Keith Roulston and Jackie Riggs returned to the meeting at 9:20 pm.

11)  Business

11.1  Resolutions

Motion:  11-2012        Moved by Jamie McCallum     No Seconder
“That the following resolution be filed.
3.  Nottawasaga Police Services Board – Photo Radar.”
Disposition      Motion Failed

Motion:  12-2012        Moved by Jason Breckenridge             Seconded by Jamie Heffer
“That the following resolutions be filed:
1.  Municipality of Clarington – Commercial Fill Operations
2.  Municipality of Clarington – Funding to cover municipal deficits
3.  Nottawasaga Police Services Board – PhotoRadar.”
Disposition      Carried

11.2   Morris-Turnberry Assessment Comparison
A report was reviewed, for Council’s information.

11.3  Morris-Turnberry Tax Comparison
A report was reviewed, for Council’s information.

11.4     Health and Safety Policy
Musculoskeletal Disorder (MSD) Prevention Program
Motion:  13-2012        Moved by John Smuck                        Seconded by David Baker
" That the Council of the Municipality of Morris-Turnberry  approve that the Musculoskeletal Disorder (MSD) Prevention Program be added as an appendix to the Health and Safety Policy.”
Disposition      Carried

11.5     Agreements between Morris-Turnberry and North Huron
A binder with agreements has been presented and reviewed by the Council members.
The Council will proceed with a meeting with North Huron Monday, January 23, 2012 @ 5:30 pm to discuss agreements.  Paul Gowing, Jason Breckenridge, Jamie Heffer, David Baker, John Smuck, Nancy Michie and Neil Warwick will attend.  Jamie McCallum is not able to attend.

11.6     Brussels Library
The Council reviewed the estimate and drawings of Proposal # 5 for the Brussels Library

Motion:  14-2012        Moved by John Smuck                        Seconded by Jamie Heffer
"That the Council of the Municipality of Morris-Turnberry approve that a “Brussels Library Building Committee” be formed with Huron East and Paul Gowing will be the Morris-Turnberry representative,
on the committee.”
Disposition      Carried

11.7     St. Columban Wind Project
Public Meetings will be held on January 25th and 26th
Paul Gowing, Dave Baker and Nancy Michie will attend the meeting in Brussels.

11.8     Drainage Agreement for Alexander and Susan Fair Consent
Motion:  15-2012        Moved by Jason Breckenridge             Seconded by John Smuck
"That the Drainage Agreement for the Ruff Municipal Drain, to comply with the conditions for Consent File B34/11,   be approved.”
Disposition      Carried

11.9  Petition for Drainage Works
Nichol Municipal Drain
Motion:  16-2012       Moved by David Baker          Seconded by Jamie McCallum
“That the Drainage Petition, submitted by Murray and Marlene Fischer, Spt Lot 26,  Concession 6, Morris, be accepted for an improvement to the Nichol Municipal Drain, to construct a branch of the Nichol Drain to drain the Spt Lot 26 Concession 6, Morris Ward;  and Bill Dietrich Engineering be appointed to prepare a drainage report under Section 4 of the Drainage Act.”
Disposition      Carried

 

11.10  Source Protection Plan and Municipal Implementation Requirements

1. Saugeen, Grey Sauble and Northern Bruce Peninsula Source Protection Region
A report was reviewed, for Council’s information.

Motion:  17-2012        Moved by Jamie McCallum     Seconded by Jamie Heffer
“That the Municipality of Morris-Turnberry has reviewed the Summary and Recommendations of the Drinking Water Protection Plan and since the Municipality has no properties directly affected by a well head in the Saugeen, Grey Sauble and Northern Bruce Peninsula Source Protection Region, that the Municipality of Morris-Turnberry has no objections to the draft Source Protection Plan.”
Disposition    Carried

2.  Road Sign Policy:
A report was reviewed, for Council’s information.

3.  Source Water Pre-consultation Meeting
Ausable Bayfield, Maitland Valley Source Protection Region
Meeting at OMAFRA Bldg – Clinton January 16th,   10:30 – 12 noon for council and 1-3  for Municipal Staff
Paul Gowing, Jamie McCallum, Jamie Heffer will attend.  Jason Breckenridge, Dave Baker and John Smuck will not attend.  Neil Warwick was absent and will be asked.

11.11  Belgrave Water Financial Plan
A report was reviewed, for Council’s information.

Motion:  18-2012        Moved by Jason Breckenridge             Seconded by David Baker
“That the Municipality of Morris-Turnberry hereby adopt the Financial Plan for the Belgrave Water System and approve that the Plan be forwarded to the appropriate Ministry for
submission, as required under Ontario Regulation No. 453/07.”
Disposition    Carried

11.12  Organizational Review January 30 – February 3, 2012
Opening Session January 30, 2012, 5:30 pm Central Huron Community Complex
The Lower Tier Council members and senior staff are invited to attend.
Nancy Michie wishes to attend.
John Smuck will attend and Jamie McCallum will advise the Clerk if he will attend.

11.13   Saugeen Conservation   - Annual Meeting - January 13, 2012  1:00 pm     
            Mayor Gowing is booked to attend.

11.14  AMO conference:
The AMO conference is August 19-22, 2012 in Ottawa.
Paul Gowing and Dave Baker will attend and rooms will be booked.

12) By-Laws:
12.1 By-law to Appoint Officials, Members of Committees and Boards
Motion:  19-2012        Moved by Jason Breckenridge             Seconded by John Smuck
"That By-Law No. 1-2012 be adopted as given first, second, third and final readings being a by-law to appoint officials, members of committees and boards, and other such persons as are required, for the Municipality of Morris-Turnberry.”
Disposition      Carried

12.2 To  authorize the Borrowing Funds for the year 2012
Motion:  20-2012        Moved by David Baker                       Seconded by Jason Breckenridge
" That By-Law No. 2-2012 be adopted as given first, second, third and final readings being a by-law to authorize the borrowing funds, for the Municipality of Morris-Turnberry, for the year 2012.”
Disposition      Carried

13) Council Reports:

Jason Breckenridge:  No report

Jamie McCallum:
He attended a CHIP meeting on January 4th.  A package will be sent to the Municipality concerning the Speed sign data logged.  He will attend a School Transition Committee on January  19th  or 20th .

 

Jamie Heffer:  No report

David Baker:   No report

John Smuck:  No report

Neil Warwick:  No report

Paul Gowing:
The County Judicial Review – The Size of Council Court decision was appealed by Huron
East and Central Huron.
He will attend Saugeen Annual meeting on January 13th.
On January 11th he will attend a Medical/ Dental Meeting.

 

14)  Items for Information:
1.  AMO - Municipal Employer Pension Centre of Ontario
2.  Electrical Safety Authority
3.  Municipality of South Bruce – Official Plan Amendment
4.  Office of the Fire Marshal – Reply to letter dated November 17th
5.  Ontario Provincial Police – OPP Costing Summary
6.  Ministry of Municipal Affairs and Housing – Conference Delegates
7.  In the Trenches

15) Other Business:
1.     John Smuck:  New Elementary School
He received a telephone call askingif the school construction is on schedule and if the children are going to Wingham and Turnberry schools for a full year before it is finished.   Some people are putting a delegation together to oppose it.
Jamie McCallum advised that he attended the December meeting and said the new school is on schedule.  
This Council can’t deal with this issue, it should be the school board.  The Council should have a Trustee attend the meeting on January 24th for an update.
Paul Gowing advised that The County Council sent a letter to the School board, in regards to the ARC committee in the South of Huron, and it was not well received by the School Board.

2.      $700,000 application for Rural Stormwater Project was approved for the Huron Water Protection Steering Committee

3.      Rural Volunteer Service Delivery   January 17th - Rural Volunteer Fire Services Summit.      
Jamie McCallum and Jason Breckenridge will attend.


4.      Potential Comprehensive Review
$2,000.00 from each municipality - Huron East, North Huron and Morris-Turnberry. 
This will be deferred until discussion at the North Huron meeting.

5.       There was no other business to present.

16) 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.

Extension of the Meeting:
Motion:  21-2012        Moved by Jamie Heffer                       Seconded by Jamie McCallum
“That the meeting be extended past 10:35 pm.”
Disposition       Carried.

Keith Roulston and Jackie Riggs left the meeting.

17) Closed Session:

1.   CPI Information for employees
2.   Request for Lane Closure in Lower Town
3.   Land for Municipal Purposes
4.   County Judicial Review
5.   Legal Matter

1.1  Enter into Closed Session:                                                        10:35 pm
Motion:  22-2012        Moved by Jamie McCallum     Seconded by John Smuck
“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)   confidential matter concerning an identifiable individual and (2) (a) security of property; ”
Disposition      Carried

 

1.2   Adjourn the Closed Session:                                                   11:00 pm
Motion:  23-2012        Moved by Jamie McCallum     Seconded by John Smuck
“That the Council adjourn the Closed to the public session and re-enter regular open session of council.”
Disposition      Carried

1.4     Report to the Public from Closed Session.
Council discussed confidential issues concerning Identifiable Individuals.

Motion:  24-2012        Moved by Jamie Heffer                       Seconded by Jamie McCallum
“That the Council of the Municipality of Morris-Turnberry proceed with the zoning amendment for the two properties recently purchased for municipal purposes.”
Disposition      Carried

The Clerk was directed to prepare a press release for review by council on January 24, 2012, to advise the public of the recent land purchase.

Motion:  25-2012       Moved by Jason Breckenridge Seconded by John Smuck
"That the Council of the Municipality of Morris-Turnberry sign the legal document for noted files to be transferred from Donnelly and Murphy  to Joan D. P. Krantz and Krantz Law Professional Corporation.”
Disposition      Carried

 

 

18) By-law   4- 2012    Confirming by-law
Motion:  26-2012        Moved by John Smuck                        Seconded by Jamie McCallum
"That By-law No. 4 -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 January 10, 2012."
Disposition      Carried

 

19) Adjournment:
Motion:  27-2012       Moved by Jamie McCallum     Seconded by Jason Breckenridge
"That the meeting be adjourned at 11:10 pm. and this is deemed to be a   2 – 4 hour meeting."
Disposition     Carried

 

 

                                                                                                                  
                                                                        Mayor, Paul Gowing

 

                                                                                                                       
                                                                        Clerk, Nancy Michie