AGENDA - Dutton Dunwich
Transcription
AGENDA - Dutton Dunwich
AGENDA May 13, 2015 5:00 p.m. 1. Opening of the Meeting 2. Declaration of Pecuniary Interest 3. Adoption of Draft Minutes • Council Meeting Minutes – April 22, 2015 4. Review of Items not Listed on Agenda 5. Public Works Dept • Superintendent’s Monthly Report • Public Works Safety Meeting Minutes – Apr 17, 2015 6. Utility/Waste Water Dept • Water Operation Manager’s Monthly Report • Water/Wastewater Safety Meeting Minutes – Apr 7, 2015 • Water/Wastewater Safety Meeting Minutes – May 7, 2015 • Wastewater Operator’s Monthly Report 7. Fire Dept • Fire Chief’s Monthly Report 8. Building Dept • Monthly Activity Report – April 2015 9. Drainage Dept • Drainage Superintendent’s Monthly Report • Drainage Re-apportionment Request – Severance # E7/15 (P. McCallum) • Petition for Drainage Works by Owners – Marentette • Section 78 Request for Drain Improvement - Weits 10. DELEGATION: Lorne Stanley – 5:30 p.m. 1|Page • Request Permission & Assistance Regarding Tree Removal 11. Planning - 5:45 p.m. • Application for Zoning By-law Amendment - ZBA #01-15 Larry Hull • Proposed Severance Application - Russtanda Livestock Inc 12. Correspondence • The College of Physicians & Surgeons of Ontario – The Council Award Honouring Outstanding Ontario Physicians • Karen Kendrick – 2015 Western Elgin Community Expo 13. Consent Agenda Consent Correspondence • Elgin County – Pupil Accommodation Review Guidelines • The Arts & Cookery Bank – Thank you Letter & “The Outrageously Rural Food Fight Competition” information • Invenergy Canada – Delegation Request (May 27th meeting) re: Strong Breeze Wind Energy Project Update • Ministry of Agriculture, Food & Rural Affairs – Response from Minister re: OCIF funding • OFMEM - Compliance Achieved Pertaining to Vulnerable Occupancies • Minister Responsible for Seniors Affairs – 2015 Seniors’ Month • Huron Perth Landowners Assoc – Follow up to Recent Press Release • • • • • • • • • • • • Building/Demolition/Sewer Permits Permit #2015-07 renovations Permit #2015-08 tower Permit #2015-09 storage garage Permit #2015-10 shed addition Permit #2015-11 new residence Permit #2015-12 septic system Permit #2015-13 new residence Permit #2015-14 septic system Permit #2015-15 new residence Permit #2015-16 septic system Permit #2015-17 drive shed Permit #2015-18 garage Committee Reports 2|Page • • • • • • • • • • • • • Fire Department Apr 7, 2015 Meeting Minutes Apr 14, 21, 28, 2015 Meeting Minutes Recreation Advisory Committee FCC Grant Update o Trans Canada Trail Arena Board Mar 10, 2015 Meeting Minutes By-Law Enforcement Economic Development Human Resources Emergency Planning Health and Safety Lower Thames Valley Conservation Authority Feb 19, 2015 Meeting Minutes o Source Protection Authority Senior’s Centre Mar 23, 2015 Meeting Minutes Apr 27, 2015 Meeting Minutes Tri County Committee Healthy Communities Partnership HCP Meeting Minutes – Apr 24, 2015 Shoreline Management Report 14. CAO’s Report • Physician Recruitment Update • Summer Council Meeting Schedule 15. Treasurer’s Reports • Budget to Actual April 30, 2015 • Quarterly Water and Sewer Bills + Policy • Property Standards Billing & Collection + Policy • DCCCCI Day Camp Request 16. Deputy Clerk’s Report • Ontario 211 Service • Call2Recycle Ontario Phase II Rechargeable Battery Reimbursement Program 17. Administrative Assistant’s Report • Summer Student Recruitment Update 18. Receptionist/Accounting Clerk’s Report 3|Page • Community Clean Up 19. Closed Session 20. Proposed By-Laws • By-law #2015-19 • • • • • By-law #2015-31 By-law #2015-32 By-law #2015-33 By-law #2015-34 By-law #2015-35 Br C&D of the Drummelsmith-Rapelje Branches to the McFarlane-Salmon Drain (3rd reading) Fees & Tariffs for Service Agreement with Product Care Association To Regulate the Display, Sale & Discharge of Fireworks Zoning By-law Amendment – L. Hull Confirm Proceedings 21. Unfinished Business 22. Announcements 23. Date for Future Meetings • May 27, 2015 • June 10, 2015 24. Adjournment Regular Meeting – 5:00 p.m. Regular Meeting – 5:00 p.m. Green indicates hard copy to follow 4|Page Council Minutes Held at the Council Chambers 199 Currie Road, Dutton, Ontario April 22, 2015 - 5:00 p.m. Present: Mayor Cameron McWilliam Deputy Mayor Bob Purcell Councillor Ian Fleck Councillor Mike Hentz Councillor Dan McKillop CAO/Clerk Laurie Spence Bannerman Treasurer Tiffany Farrell Deputy Clerk Heather Bouw Opening of the Meeting 2015.07.01 MOVED by Fleck and SECONDED by Purcell THAT the meeting of the Council of the Municipality of Dutton Dunwich opens at 5:00 p.m. CARRIED A quorum was present. Declaration of Pecuniary Interest 1. Councillor Fleck declared a conflict of interest on Item #10 of the Agenda – Tender Results for Water Dept Pickup Truck. 2. Councillor McKillop declared a conflict of interest on Item #14 – Section 78 Request for Drainage Improvement on the Bedford Jones Drain & Jones Drain. 2015.07.02 MOVED by Purcell and SECONDED by Fleck THAT we approve the Minutes of the April 8th, 2015, meeting, as amended and the Mayor and CAO/Clerk be authorized to sign same. CARRIED Review of Items not Listed on Agenda 1. Planner’s Report: Paul McCallum – change of conditions (attached to minutes) 2. By-law #2015-27: Highland Estates Subdivision Agreement (attached to minutes) DELEGATION: Darrel Dick/Kathy Witmer – 5:15 p.m. Darrel Dick and Kathy Witmer attended the meeting to discuss the construction of an accessory building on their 1 acre parcel of property that will require a minor variance. They also discussed the minor variance fees they will incur. Mayor McWilliam stated that a comprehensive review of the municipality’s zoning by-law will be undertaken in 2015, and changes to lot coverages have already been identified by staff. The Treasurer commented on the minor variance fees and reported that the last fee by-law was approved by Council in the fall of 2014 after consulting with IBI Group regarding cost recovery for planning services. The current planner on staff is shared Page 1 of 9 between West Elgin, Southwold and Dutton Dunwich. The Treasurer explained that she was planning on reviewing our current costs in the fall once she could review a full year of planning data, at which time a new fees by-law was to be prepared with planning cost adjustments included, if any. Council requested that data be reviewed as soon as possible and the 2015 fees by-law be presented to Council as soon as possible. Correspondence • Sylvia Jones, MPP Dufferin-Caledon – Support of Bill 36 Respecting Private Property Act – Council directed staff for more information regarding support from OFA • Lisa Thompson, MPP Huron-Bruce – Requesting Feedback on Bill 66 Great Lakes Protection Act, 2015 – send letter to AMO acknowledging Council’s support at ROMA/OGRA. • Township of Madawaska Valley – Request Endorsement of Resolution re: Reduction of Hydro Rates in Rural Areas - received & filed 2015.07.03 MOVED by Fleck and SECONDED by Purcell THAT relevant correspondence was reviewed. CARRIED Consent Agenda Correspondence for Review • Jeff Yurek, MPP – Letter to Hon. Jeff Leal for Reconsideration of OCIF Application Based Component for Funding for the Restoration of the Wallacetown Water Tower Rechlorination System. 2015.07.04 MOVED by Purcell and SECONDED by Fleck THAT the items on the Consent Agenda be approved. TREASURER’s REPORTS CARRIED Tender Results The Treasurer presented this report to Council. 2015.07.05 MOVED by McKillop and SECONDED by Hentz THAT Council of the Municipality of Dutton Dunwich award the manufacture and installation of a new spreader body with snow plow equipment for the Public Works Department contract to Viking Cives Ltd in the amount of $114,795.00 plus HST in the amount of $14,923.35. CARRIED Councillor Fleck declared a conflict on the following item. Tender Results The Treasurer presented this report to Council. 2015.07.06 MOVED by Hentz and SECONDED by McKillop THAT the Council of the Municipality of Dutton Dunwich award the new truck for the Water Department contract to Disbrowe Chevrolet in the amount of $28,383.00 plus HST in the amount of $3,676.79. CARRIED The Treasurer also updated Council on the grant application she is preparing for enabling accessibility. Accessibility concerns were brought to the attention of Council and staff through a delegation to Council last year. All designs are being prepared to assist seniors as well. The application consists of a 12’x16’ accessible addition to the pool as well as a chairlift into the pool. The total cost of the project is approx. $100,000.00 and the grant is for $50,000.00. If we are successful, it will be put in the 2016 budget. The annual $5,000.00 donation from the Dutton Page 2 of 9 Dunwich Lions Club, the $5,000 bequest from the Dr. D.C. Campbell Estate and possibly fundraising will assist with the difference. The Treasurer reported there is great community support by way of letters from local service clubs. Council supported the application. The deadline for this application is May 18th. The Treasurer reported on the FCC grant application and Councillor Hentz requested this be brought before the Recreation Advisory Committee for their input. PLANNING Proposed Severance Application – Darryl Small The Planner presented this report to Council. The CBO has requested the buildings located directly to the rear of the property be demolished as he is of the opinion that these agricultural buildings are too close to the residential building. Jessica & Darryl attended the meeting and commented that the intention for the use of these buildings is not for livestock but for machinery storage. In order to ensure the intent of the use of the buildings is permanent, a livestock prohibition will be included in this zoning by-law amendment. The CBO also requested that hydro and water be disconnected from the outbuildings or alternatively that the outbuildings and residence have separate services. Council agreed to these restrictions and Land Division will be made aware of them. The Planner also stated that a reduced sideyard setback for one of the sheds is required and will be included in the zoning by-law amendment. 2015.07.07 MOVED by Purcell and SECONDED by Hentz THAT the Council of the Municipality of Dutton Dunwich recommends approval to the Land Division Committee of the County of Elgin for a proposed severance application for the N ½ Lot 11, Con 5, Municipality of Dutton Dunwich, 29183 Marsh Line, filed by Darryl Small, provided the following conditions are included: a) b) c) d) e) f) g) h) THAT a Zoning By-law Amendment is in force and effect for the severed and retained lands; THAT septic system review for the severed lands has been completed; THAT the severed lands have been connected to the municipal water supply and the municipal water connection fee has been paid; THAT a mutual drainage agreement (under Sec. 2 of the Drainage Act) has been provided to provide a legal drainage outlet for the newly created residential lot; THAT municipal drain re-apportionments have been completed; THAT a driveway entrance has been installed and paid for by the owner, to the satisfaction of the Municipality; THAT two (2) copies of the registered surveys have been provided to the Municipality; and THAT the solicitor provides an undertaking that a copy of the registered deed for the severed lands, once the transaction has occurred, will be provided to the Municipality. CARRIED Changes of Conditions for Severance Application #E7/15 - McCallum Rezoning The Planner presented this report to Council. The Planner commented that she has the prescribed cheque in her possession as of today. 2015.07.08 MOVED by Purcell and SECONDED by Fleck THAT the Council of the Municipality of Dutton Dunwich requires the owner of Part Lots 3 & 4, Con Gore, and Part Lot 3, Con 5, in the Municipality of Dutton Dunwich, 27409 Aberdeen Line, Severance Application #E7/15, filed by Paul A. McCallum, to enter into an agreement with the Municipality for the provisional severance condition for the removal of the livestock facility on the retained lands by September 30, 2015; AND THAT the owner provides a post-dated cheque, dated September 30, 2015 equal to the value of the estimate for demolition of the livestock facility. Page 3 of 9 CARRIED Changes of Municipal Conditions for Severance Application #E3/15 – Larry Hull The Planner presented this report to Council. 2016.07.09 MOVED by Purcell and SECONDED by Fleck THAT the Council of the Municipality of Dutton Dunwich recommends to Elgin County Land Division Committee the REMOVAL of the severance condition of the County of Elgin Engineer’s Office requiring direct connection to a municipal drain for each lot created from Severance Application #E/15, filed by Larry Hull; AND also the REMOVAL of municipal severance conditions from Severance Application #E3/15, filed by Larry Hull as listed below: 1. 2. 3. 4. 5. 6. THAT municipal water service has been connected for the proposed severed parcel and municipal water service connection fee has been paid to the Municipality; THAT municipal sewer service has been connected for the proposed severed parcel and municipal sewer service connection fee has been paid to the Municipality; THAT a driveway entrance permit has been obtained from the County of Elgin Highways Department for the newly created commercial property; THAT a complete Traffic Impact Analysis and/or satisfactory written confirmation from the Ministry of Transportation with respect to vehicular access has been provided for the newly created commercial property; THAT a legal drainage outlet for the newly created lot has been provided; and THAT cash-in-lieu of parkland fee for new lot creation of $1,500.00 has been paid to the Municipality. AND ADD a Development Agreement, as a severance condition, to be entered into between the County of Elgin Engineer’s Office, the Municipality of Dutton Dunwich and the proposed owner, that being West Elgin Mutual Insurance Company for the proposed severed parcel, which will include the County of Elgin Engineer’s Office severance condition listed above and the municipal severance conditions listed above. CARRIED DELEGATION Dutton Dunwich Opponents of Wind Turbines – 5:45 pm. Bonnie Rowe and Jamie Littlejohn attended the meeting to make a presentation to Council. The delegation wanted to ensure Council’s awareness of two Case Studies: “Health Impact in Two Local Wind Projects” as well as “Impact of a Wind Turbine Project on a Rural Community”. They felt it was important for Council to be aware of the direct and personal adverse health effects to a rural community when IWT’s come into a community, as well as issues surrounding property values as addressed in the second case study. Council agreed to their request to post both case studies on the Dutton Dunwich website. Questions were raised by the delegation regarding Invenergy’s Delegation Request for the May 27th Council meeting and whether this would meet their Green Energy requirement as a public meeting. Mayor McWilliam allowed Jim Ford, on behalf of Invenergy, to clarify Invenergy’s meeting intentions during the DDOWT delegation time frame. Mr. Ford stated that “Invenergy requested a delegation time during the May 27th Council meeting to make a presentation on their IWT proposal, and that they do not intend to use the May 27th meeting as their Green Energy mandatory one. Mr. Ford acknowledged that they have an obligation to hold a public meeting to present their project details per RFP regulations. Mr. Ford said that it is Invenergy’s intent is to hold a separate public meeting as required. Page 4 of 9 CLOSED SESSION 2015.07.10 MOVED by Purcell and SECONDED by Fleck THAT Council for the Municipality of Dutton Dunwich now moves into a session of the meeting that shall be closed to the public at 6:15 p.m. in accordance with Section 239 (2) of the Municipal Act, S.O. 2001, c.25 for discussion of the following matters: 1. Personnel Matters 2. Legal Matters CARRIED 2015.07.11 MOVED by Purcell and SECONDED by Fleck THAT Council for the Municipality of Dutton Dunwich hereby comes out of the closed session of the meeting at 6:30 p.m. and the regular meeting reconvene. CARRIED DRAINAGE Meeting to Consider – Branch A of the Harris Drain – 7:00 p.m. 2015.07.12 MOVED by Hentz and SECONDED by McKillop THAT the meeting to consider the Engineer’s Report for the Branch A of the Harris Drain opens at 7:00 p.m. CARRIED Engineer John R. Spriet, Drainage Superintendent Brent Clutterbuck, Ken Gowan and Robert Drummelsmith attended the meeting. The Chair called the Meeting to Consider the Report to order and made the following statement. “This is the Meeting to Consider the Report for the Branch A of the Harris Drain, dated March 4, 2015 and submitted by the Engineer John R. Spriet of Spriet Associates. The purpose of this meeting is to allow the landowners and other affected parties to be given the opportunity to voice their concerns relating to any aspect of this report. Any affected parties present please sign the attendance sheet for the record. During this meeting, each owner in the area requiring drainage that signed the petition shall be given the opportunity to withdraw their name by putting the request in writing, signing and filing the notice with the Clerk. Any owner in the area requiring drainage who did not sign the petition shall be given the opportunity to do so. Matters dealing specifically with assessments, including where any land or road has been assessed too high or too low, any land or road that should have been assessed but has not been, or the land use was not duly considered will be dealt with by the Court of Revision at a date to be determined after the passing of a Provisional By-law. The Chair asked if everyone was notified of this Meeting to Consider the Report of the Engineer in an appropriate way under the Drainage Act. The Clerk responded that all landowners and affected parties required to be notified under Section 41 of the Drainage Act were sent by regular mail, notice of the date, time and location of this meeting on March 27, 2015. The notice included a copy of the Report of the Engineer for Branch A of the Harris Drain, dated March 4, 2015. The Chairman then asked Engineer John R. Spriet to present his report. The Chairman then asked if any landowners or affected parties had any questions or concerns. Ken Gowan asked if the cost of the stub is included into the price of the drain. John Spriet answered that yes, it was. Ken Gowan then asked how this was a benefit to himself. John Spriet responded that Mr. Gowan is assessed for benefit under the Drainage Act in Branch A only, and that Mr. Gowan is not assessed benefit in the stub, only outlet for surface water. Mr. Gowan asked if this drain has been looked at while it is wet, not just snow, as he feels water doesn’t run onto Mr. Drummelsmith’s property. Mr. Gowan also said that there is roughly only 50’ where water can run-off. He also stated that he doesn’t want to be on the stub. John Spriet responded that it was dug up and no tile was found. He also stated that Mr. Gowan has no right to attach as it is Mr. Drummelsmith’s stub. John Spriet also stated that Mr. Gowan is assessed for outlet for surface water. The Chair asked if any owner in the area requiring drainage that signed the petition wishes to withdraw their name by putting the request in writing, signing and filing the notice with the Clerk and also if there is any owner in the area requiring drainage who did not sign the petition and wishes to do so, please do it now. The Chair Page 5 of 9 stated that the Clerk will be mailing a copy of this Provisional By-law, duly passed tonight, to all landowners and affected parties as required by Section 46 of the Drainage Act. The Court of Revision for the Branch A of the Harris Drain will be held on May 27, 2015 at 7:00 p.m. in the Dutton Dunwich Council Chambers. An owner of land assessed for the drainage works may appeal to the Court of Revision on any of the following grounds: 1. 2. 3. Any land or road has been assessed an amount that is too high or too low. Any land or road that should have been assessed has not been assessed. Due consideration has not been given to the use being made of the land. by a written notice setting out the grounds of the appeal at least 10 days before the first sitting of the court of revision to the Chief Administrative Officer/Clerk of the Municipality of Dutton Dunwich. And further, under Sec 48 of the Drainage Act, any owner of land or any public utility affected by a drainage works may appeal to the Tribunal on other aspects of this drainage works, and in every case, a notice of appeal shall be served within 40 day of the mailing of the Provisional By-law. An information sheet titled “Drainage Act Appeals” is available that explains the appeals that are available under the Drainage Act. If you wish a copy of this fact sheet or to file an appeal with regards to this drain, the required appeal forms are available on the OMAFRA website and upon request at the Municipal office. If you wish to appeal, you must file your appeal with the Clerk of Dutton Dunwich. If you have any questions regarding this drain, or any other municipal drain in the Municipality of Dutton Dunwich, please contact our Drainage Superintendent, Brent Clutterbuck, at the municipal office. 2015.07.13 MOVED by McKillop and SECONDED by Hentz THAT the meeting to consider the Engineer’s Report for the Branch A of the Harris Drain closes at 7:10 p.m. and the regular meeting reconvene. CARRIED Section 78 – Request for Drainage Improvement Councillor McKillop declared a conflict of interest on this matter. The Drainage Superintendent Brent Clultterbuck reported that there was a meeting to review the engineer’s proposal on Apr 7th for the Bedford Jones Drain. At this meeting, Leo McCaffery requested that the Bedford Jones Drain be extended. Would like to see if possible and how much it will cost. 2015.07.14 MOVED by Purcell and SECONDED by Fleck THAT the Council of the Municipality of Dutton Dunwich accepts the Section 78 Request for Drain Improvement for the Bedford Jones Drain and Jones Drain, filed by Leo McCaffery, John McCaffery and Jamie McCaffery; AND THAT Spriet Associates be appointed to prepare the necessary reports for the drainage request for improvements; AND THAT notice of Council’s decision to proceed with this request be sent to all petitioners, the Lower Thames Conservation Authority, the Ministry of Natural Resources, the Ontario Ministry of Agriculture, Food and Rural Affairs, as well as Spriet Associates. CARRIED ANNOUNCEMENTS Councillor McKillop discussed the retirement of the secretary-treasurer position with the Elgin-St. Thomas Municipal Association, and if any of the Elgin County lower tier municipalities would like to take on the responsibilities of this organization. If a replacement cannot be found, this association will be disbanding. Council has no desire to task our municipal staff with the “secretary-treasurer” position. Councillor McKillop also stated that this is a self-funded organization that would like to donate any funds to a local charity or organization, if it ceases to Page 6 of 9 exist. Councillor McKillop recommended that these funds be donated to STEGH. Council agreed with Councillor McKillop’s recommendation. PROPOSED BY-LAWS 2015.07.15 MOVED by McKillop and SECONDED by Hentz THAT By-law #2015-29, being a by-law authorizing the execution of an agreement for the assignment of the West Elgin/Tri County Management Committee Interconnection between the Tri County Management Committee of the West Elgin Primary Water Supply System, the Corporation of the Township of Southwold, the Joint Board of Management of the St. Thomas Area Secondary Water Supply System, the Joint Board of Management of the Elgin Area Primary Water Supply System and the Municipality of Dutton Dunwich. CARRIED 2015.07.16 MOVED by Purcell and SECONDED by Fleck THAT By-law #2015-25, being a bylaw to borrow on the credit of the Corporation the amount of $38,100.00 for the construction and improvement of the Branch A of the Harris Drain be read a first and second time and provisionally adopted, and the Court of Revision to be held on May 27, 2015 at 7:00 p.m. CARRIED Meeting to Consider – McLean Drain – 7:20 p.m. 2015.07.17 MOVED by Hentz and SECONDED by McKillop THAT the meeting to consider the Engineer’s Report for the McLean Drain opens at 7:20 p.m. CARRIED Engineer John R. Spriet, Drainage Superintendent Brent Clutterbuck, Robert Drummelsmith, Carl & Randi McLeod and Dave Durham attended the meeting. The Chair called the Meeting to Consider the Report to order and made the following statement. “This is the Meeting to Consider the Report for the McLean Drain, dated January 30, 2015 and submitted by the Engineer John R. Spriet of Spriet Associates. The purpose of this meeting is to allow the landowners and other affected parties to be given the opportunity to voice their concerns relating to any aspect of this report. Any affected parties present please sign the attendance sheet for the record. During this meeting, each owner in the area requiring drainage that signed the petition shall be given the opportunity to withdraw their name by putting the request in writing, signing and filing the notice with the Clerk. Any owner in the area requiring drainage who did not sign the petition shall be given the opportunity to do so. Matters dealing specifically with assessments, including where any land or road has been assessed too high or too low, any land or road that should have been assessed but has not been, or the land use was not duly considered will be dealt with by the Court of Revision at a date to be determined after the passing of a Provisional By-law. The Chair asked if everyone was notified of this Meeting to Consider the Report of the Engineer in an appropriate way under the Drainage Act. The Clerk responded that all landowners and affected parties required to be notified under Section 41 of the Drainage Act were sent by regular mail, notice of the date, time and location of this meeting on March 27, 2015. The notice included a copy of the Report of the Engineer for the McLean Drain, dated January 30, 2015. The Chairman then asked Engineer John R. Spriet to present his report. The Chairman then asked if any landowners or affected parties had any questions or concerns. Bob Drummelsmith is concerned that this drain will cut all his tile, and that all may not be reconnected. Mr. Drummelsmith stated at the on-site meeting that he would prefer the drain go through the woods, but John Spriet said this is not feasible as contractors would have to clear 100’ on either side of the drain and a sealed pipe would be costly. Also, the LTVCA would not allow it anyway. John Spriet also commented that the tender stipulates that if a tile is missed they must go back and connect it, as it is the contractor’s responsibility, and as such, the contractors are attentive. Dave Durham asked if the surface pipe (catchbasin) in the extreme s/w corner is included in this report. John said can speak to County and see if they agree to grout this pipe. The Chair asked if any owner in the area requiring drainage that signed the petition wishes to withdraw their name by putting the request Page 7 of 9 in writing, signing and filing the notice with the Clerk and also if there is any owner in the area requiring drainage who did not sign the petition and wishes to do so, please do it now. The Chair stated that the Clerk will be mailing a copy of this Provisional By-law, duly passed tonight, to all landowners and affected parties as required by Section 46 of the Drainage Act. The Court of Revision for the McLean Drain will be held on May 27, 2015 at 7:20 p.m. in the Dutton Dunwich Council Chambers. An owner of land assessed for the drainage works may appeal to the Court of Revision on any of the following grounds: 4. 5. 6. Any land or road has been assessed an amount that is too high or too low. Any land or road that should have been assessed has not been assessed. Due consideration has not been given to the use being made of the land. by a written notice setting out the grounds of the appeal at least 10 days before the first sitting of the court of revision to the Chief Administrative Officer/Clerk of the Municipality of Dutton Dunwich. And further, under Sec 48 of the Drainage Act, any owner of land or any public utility affected by a drainage works may appeal to the Tribunal on other aspects of this drainage works, and in every case, a notice of appeal shall be served within 40 day of the mailing of the Provisional By-law. An information sheet titled “Drainage Act Appeals” is available that explains the appeals that are available under the Drainage Act. If you wish a copy of this fact sheet or to file an appeal with regards to this drain, the required appeal forms are available on the OMAFRA website and upon request at the Municipal office. If you wish to appeal, you must file your appeal with the Clerk of Dutton Dunwich. If you have any questions regarding this drain, or any other municipal drain in the Municipality of Dutton Dunwich, please contact our Drainage Superintendent, Brent Clutterbuck, at the municipal office. 2015.07.18 MOVED by McKillop and SECONDED by Hentz THAT the meeting to consider the Engineer’s Report for the McLean Drain closes at 7:135p.m. and the regular meeting reconvene. CARRIED PROPOSED BY-LAW 2015.07.19 MOVED by McKillop and SECONDED by Hentz THAT By-law #2015-26, being a by-law to borrow on the credit of the Corporation the amount of $166,300.00 for the construction and improvement of the McLean Drain be read a first and second time and provisionally adopted, and the Court of Revision to be held on May 27, 2015 at 7:20 p.m. CARRIED Court of Revision – Branches C&D of the Drummelsmith-Rapelje Branches to the McFarlaneSalmon Drain – 7:40 p.m. 2015.05.20 MOVED by McKillop and SECONDED by Hentz THAT the Council of the Municipality of Dutton Dunwich adjourn and form Court of Revision for the Branches C&D of the Drummelsmith Rapelje Branches of the McFarlane-Salmon Drain at 7:40 p.m. CARRIED Engineer John R. Spriet, Drainage Superintendent Brent Clutterbuck and Dave Durham attended the meeting. The Chair called the Court of Revision to order. He stated that this is the Court of Revision as required by the Drainage Act to afford any person assessed in Branches C&D of the Drummelsmith Rapelje Branches of the McFarlane-Salmon Drain, provisionally adopted by By-law #2015-19 on March 25, 2015. To make an appeal with respect to their assessments on the grounds of: 1. Land or road has been assessed too high or too low. 2. Land or road should have been assessed but was not. 3. Due consideration has not been given to the land’s use. Page 8 of 9 The Chair asked that all landowners and interested properties present, that are assessed to this drain, please sign the attendance sheet. The Chair asked if everyone was notified in an appropriate way that are required to be notified under the Drainage Act. The Clerk responded that all landowners and affected parties required to be notified under Section 46 of the Drainage Act were sent by regular mail or fax, a copy of the provisional by-law with a Notice of the Sitting of this Court of Revision on March 27, 2015. This notice also informed all landowners of the Drainage Act requirements to notify the Clerk in writing, of an appeal to the Court of Revision 10 days before the first sitting of the Court of Revision. The Chair then asked the Clerk if any appeals in writing were received 10 days prior to this sitting of this Court of Revision from any assessed landowners. The Clerk replied that none were received. The Chair asked for a resolution to adopt the Assessment Schedule contained in the report Branches C&D of the Drummelsmith Rapelje Branches of the McFarlane-Salmon Drain. 2015.07.21 MOVED by Hentz and SECONDED by McKillop THAT the Council of the Municipality of Dutton Dunwich hereby accepts the assessment schedule for the Branches C&D of the Drummelsmith-Rapelje Branches to the McFarlaneSalmon Drain. CARRIED 2015.07.22 MOVED by Purcell and SECONDED by Fleck THAT the Council of the Municipality of Dutton Dunwich hereby adjourns the Court of Revision for the Branches C&D of the Drummelsmith-Rapelje Branches to the McFarlane-Salmon Drain at 7:42 p.m. and the regular meeting reconvene. PROPOSED BY-LAWS 2015.07.23 MOVED by Hentz and SECONDED by McKillop THAT By-law #2015-27, being a by-law to authorize the execution of a Subdivision Agreement for the Highland Estates Subdivision between Amjen Realty Inc. and the Corporation of the Municipality of Dutton Dunwich be read a first, second and third time and passed. CARRIED 2015.07.24 MOVED by McKillop and SECONDED by Hentz THAT By-law #2015-30, being a by-law to confirm proceedings of the Municipal Council of the Municipality of Dutton Dunwich be read a first, second and third time and finally passed. CARRIED Next Meeting Schedule May 13, 2015 - 5:00 p.m. May 27, 2015 - 5:00 p.m. Adjournment 2015.07.25 MOVED by Purcell and SECONDED by Fleck THAT the meeting of the Council of the Municipality of Dutton Dunwich adjourn at 7:45 p.m. CARRIED ______________________________ Cameron McWilliam, Mayor ______________________________ Laurie Spence Bannerman, CAO Page 9 of 9 \\ TO: Mayor and Members of Council FROM: Mike Hull, Road Supt. DATE: May 6, 2015 SUBJECT: Monthly Report – April 2015 FOR INFORMATION: County of Elgin work Pick up debris off Fingal Line Opened drains on Iona Bridge Patched potholes on Miller, Currie, Iona and Duff with cold patch Swept intersections and cleaned off catchbasins Municipal work Fixed 911 signs Put up half load signs on tar and chip roads Equipment maintenance - removed plow equipment from trucks and rust proofed Working on municipal drains Installed road crossing culvert on Chalmers Graded and dragged gravel roads Patched roads with cold mix Landfill Moved shingles on top of cell to help with compaction Special note Jim attended the Middlesex, Oxford and Elgin Truck Rodeo and won the Elgin Div. He is invited to the provincial truck rodeo later this year. Mike Hull Public Works Superintendent Laurie Spence Bannerman CAO/Clerk Roads Department Safety Meeting – April 17, 2015 Roads Garage - 0700 hrs In attendance: Mike Hull, John McCaffrey, Grant McMillan, Ryan McLeod, Murray Wickerson, Andy Davie, Jim Zoller, Dan Lundy Topics Covered: Operating Procedures Went over and discussed the following procedures; Safe use of ladders Safe operation of a chipper Safe work practices mount and dismount properly Created an operating procedure for “Safe lifting and placing of catch basins with lifting chains or straps” Adjourned at 0830 hrs \\ TO: Mayor and Members of Council FROM: Tim Hansen, Water Operations Manager DATE: May13, 2015 SUBJECT: Water Dept Council Report FOR INFORMATION: The Iona Interconnect work has now been completed with Russel Racey finishing the flow valve connections to run through our Scada System. We are now controlling the valve operations through our Scada system and O.C.W.A ‘s equipment has been disconnected, removed and delivered back to them. We have the system set up to take approximately 400 m3 a day from the Southwold system. During our time working on setting up the controls for the flow valve we noticed that the valve was not working like it should. It would only allow very little flow through and would not allow us to open it more for increased flow. I had a company who specializes on working with these types of valves come down to take it apart , clean and replace parts as needed and it is working perfectly now. The Auto Flusher on Duff line has been installed and is in full operation. It will be added to our procedures and monitored weekly for chlorine residual recording purposes. We have three auto flushers installed in our system now with one more install to go. I am just waiting for the drain installation to be completed on Celtic line west then the water main line extension and auto flusher install will take place. We have received our new harnesses that were ordered to replace the ones that did not pass the safety inspection and yearly inspections of this equipment will be ongoing. Our monthly blow offs of dead end water lines are going very well with chlorine residuals staying consistent at a very acceptable level. Sample stations have all arrived and installation will begin within a couple of weeks and continue as we can work them in around other jobs. Four sample stations will be installed in Dutton/Dunwich and two in Southwold. Tim Hansen Water Operations Manager Laurie Spence Bannerman CAO/Clerk Water Department Safety Meeting – April 7, 2015 Utility Shop - 0700 hrs In attendance: Ryan McGahan, Tim Hansen, Archie Leitch, J.J. Van Bree Topics Covered: Safety Harnesses Safety harnesses have been inspected. Out of seven only two passed. Replacements have been ordered. Harnesses at the water tower were no good so new ones have been ordered for there as well. In the meantime tower is not to be climbed unless for an emergency and Rubicon Safety in London has temporary ones to use if necessary. Water Tower Rails The water tower rail is also set up to be inspected as well in the near future Log Book We discussed the importance of log book entry and the reasoning of the entries. Adjourned at 0800 hrs Water Department Safety Meeting – May 7, 2015 Utility Shop - 0700 hrs In attendance: Tim Hansen, Archie Leitch, Kevin Goodhue, J.J. Van Bree Topics Covered: Safety Harnesses We discussed the arrival of the new safety harnesses. Two are for the water tower and one is for the retrieval unit. The retrieval unit must be used for confined spaces and the proper paperwork needs to be filled out. Environmental Protection We discussed using sunscreen while working outside. There is also mosquito repellant available at the utility shop when working in areas that it might be required. Construction Awareness Now that construction season is upon us, be mindful of working around machinery, working in and around trenches and your traffic protection (Book 7). Adjourned at 0800 hrs \\ TO: Mayor and Members of Council FROM: Archie Leitch Operator, Sewage Treatment Plant DATE: May 13, 2015 SUBJECT: Monthly Report FOR INFORMATION: All maintenance, alarm and safety checks were performed as required. First quarter reports for the plant have been completed and sent to the Federal Government and M.O.E The plant’s 2014 annual report has been reviewed by our inspector with no issues arising. The service centre force main has been operating without incident. I attended a course on customer service for water/wastewater operators in London on April 24th. The plant continues to operate well within our guidelines. Archie Leitch Wastewater Operator Laurie Spence Bannerman CAO/Clerk TO: Mayor and Members of Council FROM: Dan Lundy, Fire Chief DATE: May 13, 2015 SUBJECT: Monthly Report Occurrences: 8 in April 2 grass fires – owners were charged 1 hydro pole fire 3 401 car fires 1 car fire 1 ambulance assist Training: Self rescue and firefighter survival. Vulnerable Occupancies: Received compliance acknowledging OFMEM Vulnerable Occupancy Registry for Bobier Villa. Other: A meeting was held with Joe Casey from the OFM to review our progress with the recommendations from 2013. ________________________________ Dan Lundy Fire Chief _______________________________ Laurie Spence Bannerman CAO/Clerk TO: Mayor and Members of Council FROM: Heather James, MCIP, RPP, Planner DATE: May 13, 2015 SUBJECT: Proposed Severance Application – Lot A, Concession 4, Municipality of Dutton Dunwich – 32694 Aberdeen Line (Rustanda Livestock Inc. c/o Stan Campbell) RECOMMENDATION: THAT Council of the Municipality of Dutton Dunwich recommends APPROVAL to the Land Division Committee of the County of Elgin for proposed severance application for Part Lot A, Concession 4, Municipality of Dutton Dunwich, 32694 Aberdeen Line, provided the following conditions are included: a) b) c) d) e) f) g) h) i) That a Zoning By-law Amendment is in force and effect for the severed and retained lands; That septic system review for the severed lands has been completed; That all of the accessory buildings on the severed and retained lands be removed to the satisfaction of the Municipal Chief Building Official; That the severed lands have connected to the municipal water supply and connection fee has been paid; That Municipal drain re-apportionments (if required) have been completed; That a mutual drainage agreement (under Section 2 of the Drainage Act) has been provided to provide a legal drainage outlet for the newly created residential lot; That a driveway entrance has been installed for the retained lands and paid for by the owner to the satisfaction of the Municipality; That two copies of the registered surveyed have been provided to the Municipality; and, That the solicitor provides an undertaking that a copy of the registered deed for the severed lands once the transaction has occurred will be provided to the Municipality. BACKGROUND: A severance application was submitted to the Municipality by Rustanda Livestock Inc. (c/o Stan Campbell). The owner is requesting the severance of a surplus farm dwelling from a parcel of land, legally described as Part Lot A, Concession 4, on the north side of Aberdeen Line, and known municipally as 32694 Aberdeen Line (as shown on the attached Key Map). The subject lands are zoned Agricultural (A1) in the Municipality of Dutton Dunwich Zoning By-law No. 2004-24. The subject lands are designated ‘Agricultural Area’ in the County of Elgin Official Plan and designated ‘Agriculture’ in the Official Plan of the Municipality of Dutton Dunwich. The subject lands are a 42.29 ha (104.5 ac) parcel and are used for agricultural use. The proposed severed parcel will have an area of 0.70 ha (1.74 ac) and a frontage of approximately 64.0 m (209.97 ft.) along Aberdeen Line. The proposed severed parcel includes a single detached dwelling, drive shed and one shed and will be used for nonfarm residential uses. Two sheds are proposed to be removed; one of those sheds is partially on the lot line between the proposed severed and retained parcels. Lastly, the proposed severed parcel will be serviced with municipally piped water supply and individual private septic system. The proposed retained parcel will have an area of 41.59 ha (102.76 ac) and a frontage of 225.0 m (738.19 ft.) along Aberdeen Line. The proposed retained lands are vacant. Agricultural and non-farm residential uses surround the subject lands. STAFF COMMENTS: Municipal Building Official ‘There needs to be a septic review or a design for a new system. I would suggest that all of the accessory buildings should be removed as they are agriculturally related and are not really suited to residential accessory use and would allow for a smaller lot.’ Municipal Drainage Superintendent ‘Municipal drain reapportionment and mutual drainage agreement (under Section 2 of the Drainage Act) to provide a legal drainage outlet for the newly created residential lot is required.’ Municipal Roads Superintendent ‘After reviewing the site, the retained portion will require an entrance. This entrance should be approved by the municipality and be installed at the owner’s expense.’ Municipal Water Operations Manager ‘This particular property in question has a 1” water service connection to its property line but has not been connected into and therefore was not ran into existing dwelling.’ Comment: The comments provided by the municipal staff have been included as conditions for the proposed severance. PLANNING POLICY REVIEW: Provincial Policy Statement Under Section 3(5) of the Planning Act, the Municipality “shall be consistent with” matters of provincial interest as set out in the Provincial Policy Statements (PPS). In 2 particular, Section 1.6.6 Sewage, Water and Stormwater, Section 2.3.4 Lot Creation and Lot Adjustments for prime agricultural areas and Section 2.6 Cultural Heritage and Archaeology were evaluated. Lot creation in agricultural areas is permitted for a residence surplus to a farming operation as a result of farm consolidation, provided that the planning authority ensures that new residential dwellings are prohibited on any vacant remnant parcel of farmland created by the severance. The surplus residence is the result of farm consolidation for the owners. As a condition of severance, the balance of the farm will be required to be rezoned to prohibit residential buildings/structures. New land uses, including the creation of lots and new or expanding livestock facilities shall comply with the Minimum Distance Separation I (MDS I) Formula. The proposed severed lands meet the MDS I setback to all neighbouring livestock facilities. No archaeological concerns were identified. Conclusion: Upon review of the PPS and relevant policies, the proposed severance is consistent with the PPS. County of Elgin Official Plan The subject lands are designated Agricultural Area on Schedule ‘A’ Land Use with a portion subject to Woodlands on Appendix #1 Natural Heritage Features and Areas of the County of Elgin Official Plan. Section E1.2.3.1 General Criteria contains the conditions of approval for severed and/or retained lots. The proposed severed lot and retained lot are generally in conformity with these criteria, provided the sewage disposal can be adequately addressed and that the lands are appropriately zoned. Section E1.2.3.4 Lot Creation on Lands in the Agricultural Area contains the policies that permit the type of severances permitted in the Agricultural Area designation. The severance to accommodate a habitable residence that has become surplus to a farming operation as a result of a farm consolidation is permitted provided that the development of a new residential use is prohibited on the retained parcel, created by the consent to sever. The house is habitable, the owner has indicated the severance is the result of farm consolidation and as a condition of severance a zoning by-law amendment is required to prohibit the development of a new residential use. Development and site alteration is not permitted in the Woodlands unless an Environmental Impact Study has been completed, demonstrating there will be no negative impact to the natural heritage features. No development is proposed in the Woodlands area. Conclusion: The proposed severance conforms to the County of Elgin Official Plan. 3 Municipality of Dutton Dunwich Official Plan The proposed severed lands are designated ‘Agriculture’ on Schedule ‘A’ Land Use Plan. The proposed retained lands are designated ‘Agriculture’ on Schedule ‘A’ Land Use Plan and a portion subject to ‘Hazardous Lands’ overlay on Schedule ‘B’ Natural Heritage and Natural Hazards. Section 2.1.16 states that an application for consent to sever and convey existing farm dwellings that are rendered surplus to the needs of a farm operation may be permitted in the ‘Agriculture’ designation subject to several criteria. Evaluation of the criteria is as follows: a) The dwelling has been in existence for a minimum of ten years; The owner has indicated that the dwelling has been in existence for greater than ten years. b) The lot with the surplus farm dwelling should be no larger than is necessary to support a private sanitary sewage treatment and disposal system, as determined by the appropriate approval authority, and be serviced with potable water supply; The proposed severed lands are approximately 0.7 ha (1.74 ac) in area. This lot area would be acceptable to Land Division Committee as the proposed severed lands would be under 0.8 hectares in area and no agricultural lands would be removed from production. c) The lot with the surplus farm dwelling must meet the provisions of the Minimum Distance Separation I requirements; The proposed severed lands meets the MDS I setback to all neighbouring livestock facilities. d) The lot with the surplus farm dwelling must comply with the provisions of an appropriate ‘Rural Residential’ zone as outlined in the Zoning By-law unless the by-law is otherwise amended or a variance is granted; The proposed severed lands would be rezoned to Special Rural Residential (RSx) Zone. The proposed severed lands meet all RS Zone provisions. e) The retained agricultural lands must meet the Special Agricultural (A2) Zone provisions of the Zoning By-law unless the by-law is otherwise amended or a variance is granted; The proposed retained parcel meets all A2 Zone provisions. f) In the opinion of Municipal Council, a land use conflict shall not be created with agricultural operations or other existing land uses in the immediate area; and, There is minimal potential for land use conflicts as a result of the proposed surplus farm dwelling severance. g) Farm consolidation (the acquisition of additional farm parcels to be operated as one farm operation) has occurred. 4 The owner has indicated the retained parcel will result in farm consolidation and will be operated with other farm parcels as one farming operation. Further, Section 2.1.17 states additional residential dwelling units will be prohibited on retained agricultural parcels of land regardless of the change in property boundary or ownership. This restriction will be addressed by placing the retained lands into a Special Agricultural Zone prohibiting the construction of additional residential units. The proposed retained lands will be rezoned to A2 which prohibits residential uses. Lastly, Section 2.1.18 states a farm operation or a registered owner of a farm operation must retain a minimum of one existing base of farm operation within the Municipality of Dutton Dunwich or in an adjacent municipality. The owner has confirmed this in writing in Section 18 of their severance application. Finally, a portion of the proposed retained lands contain a ‘Hazardous Lands’ overlay. Development and/or site alteration is not permitted in the ‘Hazardous Lands’ overlay without approval from Lower Thames Valley Conservation Authority. No development and/or site alteration is proposed for the retained lands. Conclusion: The proposed severance conforms to the Municipality of Dutton Dunwich Official Plan. Municipality of Dutton Dunwich Comprehensive Zoning By-law In the Municipality of Dutton Dunwich Comprehensive Zoning By-law, the subject lands are zoned Agricultural (A1). As a condition of severance, a Zoning By-law Amendment is required to rezone the proposed severed lands and the proposed retained lands. The proposed severed lands will be rezoned to Special Rural Residential (RS-x) Zone to permit non-farm residential uses. The proposed retained lands will be rezoned to Special Agricultural (A2) Zone to prohibit all residential uses. Heather James, MCIP, RPP Planner Laurie Spence Bannerman CAO/Clerk 5 KEY MAP 6 Ministry of Community Safety and Correctional Services Ministère de la Sécurité communautaire et des Services correctionnels Office of the Fire Marshal and Emergency Management Bureau du commissaire des incendies et de la gestion des situations d'urgence 2284 Nursery Road Midhurst ON L0L 1X0 Tel: 1-800-565-1842 Fax: (705) 725-7259 2284, chemin Nursery Midhurst ON L0L 1X0 Tél: 1-800-565-1842 Téléc: (705) 725-7259 April 30, 2015 Mayor Cameron McWilliam Municipality of Dutton-Dunwich P.O. Box 329, 199 Currie Road, Dutton, ON N0L 1J0 Sent via e-mail: [email protected] Dear Mayor in Council: The Office of the Fire Marshal and Emergency Management (OFMEM) previously sent letters to your Mayor in Council on February 12, 2014, June 17, 2014, and December 17, 2014 respectively informing your municipality of the legislative requirements pertaining to vulnerable occupancies. This letter is to inform you that your municipality has achieved compliance based on the information you have inputted into the OFMEM Vulnerable Occupancy Registry acknowledging that the following has occurred: 1. The annual mandatory fire drill required by O. Reg. 364/13 was approved and observed by your fire department in accordance with FM Directive 2014-002; 2. The fire safety inspection as required by O. Reg. 364/13 was conducted using the “Annual Inspection Checklist for Care Occupancies, Care and Treatment Occupancies and Retirement Homes” in accordance with FM Directive 2014-002; and 3. The required information detailed in O. Reg. 364/13 was inputted into the OFMEM Vulnerable Occupancy Registry in accordance with FM Directive 2014-001. Effective January 1, 2014, Ontario became the first province to enact a series of regulatory changes intended to improve fire safety in vulnerable occupancies. A number of regulatory changes were enacted that impose requirements on municipalities and Chief Fire Officials. I would like to outline what this means for municipalities like yours: Three years to complete mandatory training for all Chief Fire Officials responsible for approving facility fire safety plans (New deadline is January 1, 2017); Observation of annual fire drills based on approved scenario (New and in effect as of January 1, 2014; first fire drill to be completed by December 31, 2014); Annual fire safety inspections conducted by the Chief Fire Official, based on a standardized checklist (New and in effect as of January 1, 2014; first inspection to be completed by December 31, 2014); 1 Registry of Vulnerable Occupancies (New and in effect as of January 1, 2014; entering information about facilities to be completed by December 31, 2014). Facility owners and operators are responsible in all municipalities to ensure their buildings are in full compliance with the changes to Ontario fire safety regulations. It is the responsibility of municipalities and Chief Fire Officials to ensure they are in full compliance with the new Regulations and Fire Marshal Directives. Directive 2014-001 - Registry of Vulnerable Occupancies, and Directive 2014-002 Vulnerable Occupancies – Fire Drill Scenarios, Fire Drill Observations, Fire Safety Inspections. The OFMEM has commenced a monitoring program as of January 01, 2015 to confirm and validate the status of compliance of municipalities and Chief Fire Officials with the new Regulations and Fire Marshal Directives. The OFMEM monitoring program has determined that as of November 6, 2014, your municipality has achieved annual compliance with the above-referenced Regulations and Fire Marshal Directives. If you have any questions regarding the monitoring process, they can be directed to me via email at [email protected] or by telephone at (705) 725-1825. We all have a continuous legislative responsibility to ensure the public fire safety of seniors and vulnerable Ontarians. Sincerely, Pierre Yelle Assistant Deputy Fire Marshal Field and Advisory Services c: Jim Jessop, Director, Field and Advisory Services / Deputy Fire Marshal, OFMEM Al Suleman, Director, Prevention and Risk Management, OFMEM Laurie Spence-Bannerman, Chief Administrative Officer, Sent via e-mail: [email protected] 2