THE CORPORATION OF THE MUNICIPALITY OF BLUEWATER REGULAR COUNCIL MEETING MINUTES TUESDAY, MAY 23, 2017 COUNCIL CHAMBERS, STANLEY COMPLEX

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1 THE CORPORATION OF THE MUNICIPALITY OF BLUEWATER REGULAR COUNCIL MEETING MINUTES TUESDAY, MAY 23, 2017 COUNCIL CHAMBERS, STANLEY COMPLEX 1. ROLL CALL and CALL TO ORDER Arlene Parker conducted the roll call. Elected Officials Present: Mayor Tyler Hessel, Deputy Mayor Jim Fergusson, Councillors John Becker, John Gillespie, Marnie Hill, George Irvin, Dave Roy, Bill Whetstone and Janisse Zimmerman. Staff Present: Kyle Pratt, Chief Administrative Officer; Ansberth Willert, Manager of Finance; Andrew Bicknell, Manager of Public Works and Arlene Parker, Planning Co-Ordinator. The Mayor called the meeting to order at 6:00 p.m. 2. INTRODUCTION OF ADDITIONAL ITEMS TO BE ADDED TO THE AGENDA and APPROVAL OF THE AGENDA Moved by Councillor Hill, seconded by Councillor Roy that the agenda be amended to add 1 matter pertaining to an identifiable individual at item 15. for the regular Council meeting on May 23, DISCLOSURE OF PECUNIARY INTEREST Disclosure of pecuniary interest and general nature thereof for current meeting. Councillor Roy declared a conflict of interest with respect to agenda item 6. Since he was not present at the tribunal hearing on April 18 th to receive oral evidence. Disclosure of pecuniary interest and general nature thereof for previous meeting, if absent for meeting. None. 4. MAYOR S REMARKS The Mayor remarked that he attended a number of food related events in the community. He

2 attended an EDAC conference. The Mayor and CAO met with the Ministry of Transportation. 5. ADOPTION OF MINUTES Moved by Councillor Becker, seconded by Councillor Irvin that the minutes of the special Council meeting on April 27, 2017 be approved. Moved by Councillor Roy, seconded by Councillor Hill that the minutes of the Committee of the Whole meeting on May 8, 2017 be approved. Moved by Councillor Becker, seconded by Councillor Roy that the minutes of the special Council meeting on May 8, 2017 be approved. 6. TRIBUNAL HEARING EXEMPTION FROM THE ANIMAL CONTROL BY-LAW Record of Proceeding This is the record of proceeding of the Hearing by the Bluewater Appeal Tribunal in the matter of a request for exemption from Section 6 Vicious Dogs of the Corporation of the Municipality of Bluewater By-law No , as amended, ( the By-law ) to the Municipality of Bluewater by Jeffrey and Karen Brandon ( the Owners ), Bayfield ON N0M 1G0. The Owners request an exemption from the entirety of Section 6. The Owners three dogs have been designated Vicious Dogs. Nanuk is a 15 year old Husky. Jackson is a 6 year old German Shepherd. Bella is a 6 year old German Shepherd. CALL TO ORDER Chair Tyler Hessel called the hearing to order at 6:04 p.m. THOSE PRESENT Tyler Hessel, Tribunal Member (Chair) Jim Fergusson, Tribunal Member John Becker, Tribunal Member John Gillespie, Tribunal Member George Irvin, Tribunal Member Marnie Hill, Tribunal Member Bill Whetstone, Tribunal Member Janisse Zimmerman, Tribunal Member Jeffrey Brandon, Appellant Karen Brandon, Appellant Matthew Armstrong, Representative for the Appellants, Armstrong Law Robert Trick, Animal Control Officer Tim Masse, By-law Enforcement Officer OTHERS PRESENT Kyle Pratt, Chief Administrative Officer Arlene Parker, Tribunal Clerk

3 Ansberth Willert, Municipality of Bluewater staff Andrew Bicknell, Municipality of Bluewater staff Robert Trick declined to provide additional evidence on behalf of the Municipality of Bluewater. Matthew Armstrong declined to provide additional evidence on behalf of the appellants. Member Hill moved, Member Fergusson seconded that the vicious dog designation under Section 6 remain; that Bella and Jackson be microchipped; that the health of Nanuk be evaluated by a veterinarian to determine whether microchipping of the dog would pose a danger to the health of the dog and the microchipping of that dog shall be at the discretion of the veterinarian and that all three dogs be registered with the Municipality. Member Fergusson moved, Member Hill seconded that the reason for the decision is: the testimony provided by the appellants, their representative and the Municipality was taken into account. All testimony was sincere and honest. The evidence provided by the Animal Control Officer was based on his long term experience. The attack of the dogs was felt to be unprovoked. The by-law provides direction. Moved by Member Hill, seconded by Member Becker that the Tribunal be adjourned at 6:20 p.m. The Council meeting reconvened at 6:21 p.m. 7. DELEGATIONS Roma Harris, Chair of the Heritage Advisory Committee presented a proposal to co-host the 2019 Heritage conference with the Town of Goderich. Council s approval is needed to make a bid to host the conference. The conference is expected to be held in late May, Moved by Councillor Whetstone, seconded by Councillor Zimmerman that the Municipality of Bluewater supports the Heritage Advisory Committee to submit a bid to co-host the Heritage conference in MANAGEMENT REPORTS ADMINISTRATIVE SERVICES CAO, K. PRATT Moved by Deputy Mayor Fergusson, seconded by Councillor Becker that Council select Roger Lewington to receive the 2017 Senior of the Year Award due to his work in the Bayfield River Flats project. Moved by Councillor Hill, seconded by Councillor Zimmerman that Council approve the reallocation of $5, from budget line item #6402 Contracted Services to budget line item #6378 Travel for Community Development Co-Ordination services mileage costs; And that the contract be amended to include mileage terms at Bluewater current rates.

4 CLERKS C. ALEXANDER Moved by Councillor Hill, seconded by Councillor Becker that $760 from the general grant account be contributed to the Dutch Canadians: Remember as One project. Moved by Councillor Zimmerman, seconded by Councillor Hill that staff bring back a report in regard to funds available to address the request for the Bluewater Area Family Health Team expansion project. Moved by Councillor Roy, seconded by Councillor Becker that By-law , being a By-law to amend the zoning of Lots 5-6, 9-12, & 15-16, of Plan 270; Part Lot 22 of Concession 1, Hensall Ward, be given first, second, third and final reading and finally passed this 23rd day of May, Moved by Councillor Hill, seconded by Councillor Roy that By-law , being a By-law to amend the zoning of Part Lots 21 and 22 of Concession 1, Park Lot 7, Lots 1-4, Plan 270, (known municipally as 1 Davidson Drive); and Part Lots 21 & 22, Concession 1 (portion of Railway lands), Hensall Ward, be given first, second, third and final reading and finally passed this 23rd day of May, Moved by Councillor Hill, seconded by Councillor Roy that By-law , being a By-law to adopt an Official Plan amendment regarding Lots 5-6, 9-12, and of Plan 270, Hensall Ward be given first, second, third and final reading and finally passed this 23rd day of May, Moved by Councillor Becker, seconded by Councillor Roy that the Council of the Municipality of Bluewater request staff to notify the County of Huron that it recommends approval of application of consent file B13/17 affecting Mill Road, Part Lot 12, North Bayfield Road Concession, Stanley East Ward, Municipality of Bluewater, with the attached conditions (and any additional municipal conditions): Recommended Conditions Note: The list below may not contain all Municipal conditions and should be reviewed by the Municipality. Expiry Period 1. 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, R. S. O. 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 notice of decision. Municipal Requirements 2. All municipal requirements be met to the satisfaction of the Municipality including servicing connections if required, property maintenance, compliance with zoning by-law provisions for structures, and any related requirements, financial or otherwise. 3. The severed or retained parcel be numbered and addressed for 911 purposes to the satisfaction of the Municipality.

5 4. The sum of $ be paid to the Municipality as cash-in-lieu of parkland. Zoning 5. Where a violation of any municipal zoning by-law is evident, the appropriate minor variance or rezoning be obtained to the satisfaction of the Municipality. Survey/Reference Plan 6. Provide to the satisfaction of the County and the Municipality: a) a survey showing the lot lines of the severed parcel and the location of any buildings thereon, and b) a reference plan based on an approved survey. Storm Water 7. Any tile drains crossing between the severed and retained parcel be cut and re-routed to the satisfaction of the Municipality. 8. Section 65 of the Drainage Act be addressed to the satisfaction of the Municipality. Septic System Inspection 9. A letter from a licensed contractor advising that the tank has been pumped and is functioning properly for the severed parcel of land be provided to the satisfaction of the Huron County Health Unit and the Municipality. Note: The applicant be advised that the residential parcel will be automatically rezoned to recognize its residential use (e.g. AG4-1) and the farm parcel will be automatically rezoned to prohibit a new residence (e.g. AG1-1) in the Bluewater Zoning By-law. Moved by Councillor Zimmerman, seconded by Councillor Hill that Council supports in principle the development of East Street Subdivision, Plan 326, Zurich, subject to appropriate development conditions. Moved by Councillor Irvin, seconded by Councillor Becker that staff provide photographs of the road repair work on Blackbush Line. Moved by Councillor Hill, seconded by Councillor Becker that Council approve Tristen Caldwell s request for exemption to Section 3, Schedule A., No. 3, of Noise By-law Number from 8:00 p.m. on August 12, 2017 to 3:00 a.m. on August 13, 2017 to allow the amplification of music at a private wedding reception at 66 Lorne Avenue, Hensall Ward. Moved by Councillor Zimmerman, seconded by Councillor Roy that the Job Descriptions Administrative Assistant Clerk s Department and Administrative Assistant Public Works and Facilities Departments be approved; and that staff be directed to have the job descriptions evaluated for pay equity purposes. Moved by Councillor Hill, seconded by Councillor Roy that the authority to regulate when the fire siren in Hensall will be turned off resulting from requests received from the Hensall Heritage Hall Society be assigned to the Bluewater Fire Department Fire Chief or his designate. Moved by Councillor Hill, seconded by Councillor Irvin that the Bluewater Fire Chief report back on the agreement between the Bluewater Fire Department Fire Chief and the Hensall Heritage

6 Hall Society in a years time. TREASURY A. WILLERT Moved by Deputy Mayor Fergusson, seconded by Councillor Gillespie that By-Law No , being a by-law to provide for the adoption of the current year budget be given first, second, third and final reading, and finally passed this 23rd day of May, Moved by Councillor Irvin, seconded by Councillor Gillespie that Council receive the 2017 Assessment and Levy Distribution by Ward report for information. Moved by Councillor Whetstone, seconded by Deputy Mayor Fergusson that Council receive the memo from Watson and Associates regarding development charges related to water and wastewater services for information. Moved by Councillor Gillespie, seconded by Councillor Zimmerman that Council authorize staff to investigate a funding application under the Federation of Canadian Municipalities Municipal Asset Management Program. Moved by Councillor Irvin, seconded by Councillor Zimmerman that the March accounts in the amount of $4,188, be approved. Moved by Councillor Hill, seconded by Councillor Becker that Council accept the March 2017 Financials and First Quarter Variance Report for information and discussion purposes. PUBLIC WORKS A. BICKNELL Moved by Councillor Gillespie, seconded by Councillor Whetstone that Council accept Englobe Corp., Proposal for Soil, Water and Methane Assessment for Closed Waste Disposal Sites, May 2, 2017 and authorize Englobe Corp. to proceed with Stage 2 program as outlined and the reallocation of funding from the project component of the Community fund, such that funds in the amount of $9, are reallocated from capital project Bridge B36 to Bayfield closed waste disposal sites environmental study. 9. COUNCILLORS ISSUES Councillor Roy reported that the Huron Centennial School 50 th anniversary is on Saturday between 10:00 a.m. and 3:00 p.m. Hanover is hosting the Snowbirds and a free air show will be June 21 st. The Brucefield Firemans Breakfast is June 3 rd at 7:00 a.m. Councillor Hill reported that the Hensall Firemans Breakfast and the Hensall Yard Sale is on Saturday. She enquired about the process for temporary road closures. Councillor Zimmerman noted that she would request staff to add all by-laws including contracts and agreements to the website. Councillor Gillespie raised the issue of alternative police services. He enquired about area rating. Councillor Gillespie referred to recent information regarding the province replacing the Ontario Municipal Board with another public body.

7 Deputy Mayor Fergusson enquired when the report regarding safety concerns at Clan Gregor Square will be presented. 10. NEW BUSINESS A discussion was held regarding Council composition. 11. CORRESPONDENCE No correspondence was discussed. 12. CONFERENCE, COMMITTEE AND BOARD REPORTS The Communities In Bloom Committee meeting minutes from May 11, 2017 were attached. 13. COUNCIL STATUS REPORT- ACTION ITEMS The Action Items report was included. 14. QUESTIONS FROM THE GALLERY (must relate to agenda items) No questions from the gallery were posed. 15. IN CAMERA SESSION Moved by Councillor Roy, seconded by Councillor Hill that Council move into closed session at 8:10 p.m. to discuss two (2) matters pertaining to identifiable individuals. Councillor Whetstone exited the Council Chambers at 8:49 p.m. Moved by Councillor Hill, seconded by Councillor Roy that Council rise from closed session at 8:57 p.m. Moved by Councillor Hill, seconded by Councillor Zimmerman that staff be directed to engage Huron County in the recruitment of a Manager of Facilities. Council discussed Council conduct. Mayor Hessel requested that the Code of Conduct be placed on the next agenda. 16. CONFIRMATORY BY-LAW Moved by Councillor Hill, seconded by Councillor Gillespie that By-law Number , being a by-law to confirm the proceedings of the Council at its meeting held on May 23, 2017 be given first, second and third reading and finally passed this 23 rd day of May, ADJOURNMENT Moved by Councillor Zimmerman, seconded by Councillor Hill that the meeting be adjourned at 9:23 p.m.