Municipality of Dutton/Dunwich
Council Minutes
Held at the Council Chambers 199 Currie Road, Dutton, Ontario
July 24, 2013 - 5:00 p.m.
Present: Mayor Cameron McWilliam
Deputy Mayor Bob Purcell
Councillor Ian Fleck
Councillor Donald Page
Councillor Dan McKillop
CAO/Clerk Laurie Spence Bannerman
Treasurer Tiffany Farrell
Deputy Clerk Heather Bouw
Administrative Assistant Kate Morreau
Opening of the Meeting
2013.13.01 MOVED by Page and SECONDED by Fleck by THAT the meeting of the Council of the Municipality of Dutton/Dunwich opens at 5:05 p.m.
CARRIED
A quorum was present.
Declaration of Pecuniary Interest
Declaration declared by Mayor Cameron McWilliam regarding Item #14 – Agris Solar
Declaration declared by Councillor John Ian Fleck regarding Item #17 – Purchase of truck from Co-Trac Ford Lincoln Sales.
2013.13.02 MOVED by Fleck and SECONDED by Page THAT we approve the Minutes of the June 26, 2013 meeting as forwarded to Council Members and the Mayor and the Clerk Administrator be authorized to sign same.
CARRIED
Road Superintendent’s Report
Working Road Foreman Murray Wickerson attended the meeting and reviewed this report with Council, which is attached and forms part of these minutes.
Monthly Safety Meeting
This report is attached and forms part of these minutes.
Water Operator’s Report
Robert Leitch attended the meeting and reviewed this report with Council, which is attached and forms part of these minutes.
Wastewater Operator’s Report
Brad Reive attended the meeting and reviewed this report with Council, which is attached and forms part of these minutes.
Wastewater Plant 2nd Quarter Reports
This report is attached and forms part of these minutes.
Fire Chief’s Report
Fire Chief Dan Lundy, Deputy Chief Kevin Hull, Captain Andrew Baird and Firefighter Tammy DeGraw attended the meeting. The Fire Chief reviewed this report with Council, which is attached and forms part of these minutes.
Digital Two-Way Simulcast Radio Communication System
The Fire Chief reviewed this report with Council, which is attached and forms part of these minutes. Quote for tower upgrades is approx $ 769,500.00. Our share would be approx $120,000.00, and can be included in next year’s budget. Other counties are using this system and are satisfied. There is a 15-20 year life expectancy for this system. It was suggested that the Road Department may want to piggy back on the same system. Staff to investigate price of a repeater and report to Council.
2013.13.03 MOVED by Page and SECONDED by Fleck THAT the Council of the Municipality of Dutton/Dunwich accepts the proposals from Spectrum Communications Ltd., London, dated June 21, 2013.
· For the design/build of a Digital Two-Way Simulcast Radio Communications and Simulcast Two-Way Paging System; and
· For the “voice only” link to the St. Thomas Fire Department.
Subject further to the execution of an agreement between Spectrum and the participating municipalities; AND FURTHER THAT Council agrees to fund one-seventh of the cost of the proposals and a 15% contingency allowance.
CARRIED
2013.13.04 MOVED by Page and SECONDED by Fleck THAT the Council of the Municipality of Dutton/Dunwich is agreeable to the Municipality of Central Elgin maintaining and licensing the new digital communication system on behalf of the seven (7) municipalities;
AND THAT ongoing maintenance costs and license, site and telephone fees be equally allocated between the seven (7) municipalities.
CARRIED
Ontario Fire Marshall Review
Dennis Gannon, Operations Manager; Cynthia Ross Tustin, Program Specialist; Thom Evered, Fire Protection Advisor and Rick Finnemore, Fire Protection Advisor attended the meeting. Mr. Gannon explained that this review was performed with a team approach which allowed for a broad spectrum review as each member of the team is proficient in various areas such as fire prevention, public education and enforcement. Cynthia Ross Tustin reviewed the report and recommendations with Council. The OFM is requesting a time-frame that recommendations will be completed and will provide advice and assistance if required. The report can be viewed on the municipal website.
Requalification – Ontario Building Code
Chief Building Official Doug Mitton discussed the requalification of Building Officials under the Ontario Building Code. Bill 124 came into effect in 2006, requiring full qualification for building officials and designers. In 2012, the Province made further changes to the OBC through Ontario regulation 332/12, which will take effect January 1, 2014. One major component of this regulation will include new ‘knowledge and maintenance examinations’. The qualification process was a significant financial burden for all municipalities in 2006, and will be again in 2014.
2013.13.05 MOVED by Purcell and SECONDED by Page WHEREAS municipal building officials are the main practitioners of the Ontario Building Code (OBC) and use the OBC on a daily basis in the carrying out of their duties.
AND WHEREAS Bill 124 passed in 2005 required all municipal building officials to undertake a series of qualification exams;
AND WHEREAS a subsequent regulation 332/12 (knowledge and maintenance examinations) requires our already qualified officials to re-qualify by taking a similar series of qualification exams again;
AND WHEREAS this requalification process will provide municipalities with financial hardships in terms of registration costs, mileage costs, days away from the office to undertake their regular duties in performing timely inspections that is expected by the building industry;
AND WHEREAS municipal building officials acknowledge the need to stay current with legislation and to undergo necessary training to do so;
AND WHEREAS the builders and home owners will suffer slower response time for building permits and inspections until all of the building officials are qualified;
AND WHEREAS there may be an increase to permit fees to absorb the additional costs due to training/courses, examinations, travel, accommodations, additional staffing.
NOW THEREFORE, the Municipality of Dutton/Dunwich, in support of the Southwestern Chapter of the Ontario Building Officials Association resolves that: Any amendments to the OBC include provisions for training opportunities rather than requalification examinations as the means by which building officials remain current of changes to the OBC
THAT municipal building officials, as the primary practitioners of the OBC, receive the same treatment as plumbers, electricians, professional engineers and architects with regards to exemption from requalification.
AND THAT the negative impact and delays that Ontario regulation 332/12 will have on the issuance of permits, inspections and response times to inquiries by municipal building officials should be taken into consideration.
AND THAT municipalities and taxpayers be spared the cost of ‘knowledge and maintenance examinations; under the proposed amendment to the OBC which will provide undue hardship to municipalities through lost productivity, early retirement and costs and association with the 13 categories of examinations required by fully qualified inspectors.
CARRIED
2012 Audit Review
Don Lemon and Rob Foster from the firm Graham Scott ES attended the meeting to review the 2012 financial statements. Engagement Letter, Audit Planning Letter and Audit Findings Letter were also reviewed. Once approved, the 2012 financial statements will be posted on the municipal website.
2013.13.06 MOVED by Purcell and SECONDED by Page THAT Council approve the draft financial statements for 2012 presented by Graham Scott Enns LLP.
CARRIED
Closed Session
2013.13.07 MOVED by Page and SECONDED by McKillop THAT Council for the Municipality of Dutton/Dunwich now moves into a session of the meeting that shall be closed to the public at 6:50 p.m. in accordance with Section 239 (2) of the Municipal Act, S.O. 2001, c.25 for discussion of the following matters:
1. Legal Matters
CARRIED
2013.13.08 MOVED by McKillop and SECONDED by Page THAT Council for the Municipality of Dutton/Dunwich hereby comes out of the closed session of the meeting at 7:33 p.m. and the regular meeting reconvene.
CARRIED
DRAINAGE
Meeting to Consider the Report of the DeGraw Drain
2013.13.09 MOVED by Page and SECONDED by Purcell THAT the meeting to consider the Engineer’s report for the Degraw Drain opens at 7:35 p.m.
CARRIED
The Chairman of the Meeting to Consider the Report of the Engineer for the DeGraw Drain called the meeting to order. He asked the Clerk if everyone was notified of this meeting in an appropriate way that were required to be notified under The Drainage Act. The Clerk responded that yes, on July 10, 2013, 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 and time and location of this meeting. The notice included a copy of the Report of the Engineer for the Degraw Drain dated June 10, 2013. The Chairman asked the Engineer, John M. Spriet, to present his report. After his presentation, the Chairman asked if any landowners or affected parties have any questions or concerns. As there were no landowners present the Chairman stated that the Clerk will mail 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 Degraw Drain will be held on Wednesday September 11, 2013 at 7:00 p.m. in Council Chambers at the Municipality of Dutton/Dunwich. An owner of land assessed for the drainage works may appeal to the Court of Revision on any of the following grounds:
1. Any land or road has been assessed an amount that is too high or too low.
2. Any land or road that should have been assessed has not been assessed.
3. 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 Section 48 of The Drainage Act any owner of land or any public utility affected by a drainage works, if dissatisfied with the report of the engineer on the grounds that.
a) The benefits to be derived from the drainage works are not commensurate with the estimated cost thereof;
b) The drainage works should be modified on grounds to be stated;
c) The compensation or allowances provided by the engineer are inadequate or excessive;
d) The engineer has reported that the drainage works is not required, or is impractical, or cannot be constructed,
May appeal to the Tribunal, and in every case a notice of appeal shall be served within 40 days of the mailing of the provisional by-law. The appropriate appeal forms may be obtained at the Municipality of Dutton/Dunwich office.
The meeting to consider the Degraw Drain was adjourned.
2013.13.10 MOVED by Purcell and SECONDED by Page THAT the Report on the Degraw Drain, prepared by Spriet Associates, dated June 10, 2013, be accepted and By-law #2013-49 be read a first, second and provisionally adopted, and the Court of Revision be held on September 11, 2013 at 7:00 p.m.
CARRIED
2013.13.11 MOVED by Purcell and SECONDED by Fleck THAT the meeting to consider the Engineer’s Report for the Degraw Drain closes at 7:40 p.m.
CARRIED
PLANNING
Hodder Severance Application #E48/13
Robert & June Hodder and IBI Group municipal planner Mike Pease attended the meeting to discuss this severance. This application does not meet the intent of the policies of the Official Plan. Additional options were discussed. The A3 zone allows for a supplementary farm dwelling unit to an agricultural use on a lot having an area of 40 hectares or greater. The Hodders are withdrawing their severance application, and will discuss the issuance of a building permit with the Municipal CBO.
Dieleman Severance Application #E52/13
Krin Dieleman attended the meeting to discuss this severance. IBI Group Memo regarding this severance was reviewed with Council by Municipal Planner Mike Pease. Based on their analysis of the Official Plan and Zoning By-law, IBI Group have no objection to the proposed severance subject to conditions the following resolution.
2013.13.12 MOVED by McKillop and SECONDED by Fleck THAT the Council of the Municipality of Dutton/Dunwich recommend that the County of Elgin Land Division Committee supports Consent Application E52/13, filed by Krin & Jacoba Dieleman, subject to the following conditions:
1. That the severed lands be rezoned to a site-specific rural residential zone;
2. That the retained agricultural lands be rezoned to the Special Agricultural (A2) Zone;
3. That existing drainage assessments be split and payment thereof;
CARRIED
DeVries Severance Application #E50/13
The DeVries were not in attendance. Council reviewed memos from IBI Group, LTVCA, the Road Superintendent and CBO. A recorded vote was requested by Deputy Mayor Purcell.
2013.13.13 MOVED by McKillop and SECONDED by Fleck THAT the Council of the Municipality of Dutton/Dunwich recommend that the County of Elgin Land Division Committee supports Consent Application #50/13, filed by Ralph & Anne DeVries, subject to the following conditions:
1. Confirmation from the LTVCA that the newly configured southerly lot would support the building of a single detached dwelling on private services;
2. That the severed parcel is merged on title with the existing 1.81 acre lot to the south;
3. That the retained agricultural lands be rezoned to a site-specific agricultural zone;
4. That the severed lands and the lands subsequent to the lot addition to rezoned to the rural residential zone;
5. That existing drainage assessments be split and payment thereof.
Councillor Fleck No
Councillor McKillop No
Councillor Page No
Deputy Mayor Purcell No
Mayor McWilliam No
The resolution was defeated.
DRAINAGE SUPT’s REPORTS
Monthly Report
Brent Clutterbuck attended the meeting to review this report with Council, which is attached and forms part of these minutes.
Drainage Maintenance Tender Summary – David Bennett Drain
Brent Clutterbuck reviewed this report with Council, which is attached and forms part of these minutes.
2013.13.14 MOVED by Purcell and SECONDED by Fleck THAT the lowest bid be accepted and Campbellton Excavating be awarded the contract to perform the maintenance of the West Galbraith Drain for $5,315.29 including HST.
CARRIED
Drainage Maintenance Tender Summary – West Galbraith Drain
Brent Clutterbuck reviewed this report with Council, which is attached and forms part of these minutes.
2013.13.15 MOVED by Purcell and SECONDED by Fleck THAT the lowest bid be accepted and Streib Trucking Ltd be awarded the contract to perform the maintenance of the David Bennett Drain for $6,441.00 including HST.