The Corporation of the Township of Huron-Kinloss Council ...

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The Corporation of the Township of Huron-Kinloss Council Agenda August 9, 2021 7:00 pm Electronic Meeting Members Mitch Twolan, Mayor Don Murray, Deputy Mayor Lillian Abbott, Councillor Jeff Elliott, Councillor Jim Hanna, Councillor Carl Sloetjes, Councillor Ed McGugan, Councillor Staff Emily Dance, Clerk Mary Rose Walden, Chief Administrative Officer Matt Farrell, Building & Planning Manager Coreena Smith, Bruce County Planner Pages 1. Call to Order 2. Disclosure of Pecuniary Interest 3. Adoption of Minutes 3.1. Motion to adopt previous minutes 3 July 19, 2021, Council Meeting Minutes August 4, 2021 Committee of the Whole Meeting Minutes 4. Public Meetings Required Under the Planning Act

Transcript of The Corporation of the Township of Huron-Kinloss Council ...

The Corporation of the Township of Huron-KinlossCouncil Agenda

August 9, 2021

7:00 pm

Electronic Meeting

Members

Mitch Twolan, MayorDon Murray, Deputy MayorLillian Abbott, CouncillorJeff Elliott, CouncillorJim Hanna, CouncillorCarl Sloetjes, CouncillorEd McGugan, Councillor

Staff

Emily Dance, ClerkMary Rose Walden, Chief Administrative OfficerMatt Farrell, Building & Planning ManagerCoreena Smith, Bruce County Planner

Pages

1. Call to Order

2. Disclosure of Pecuniary Interest

3. Adoption of Minutes

3.1. Motion to adopt previous minutes 3

July 19, 2021, Council Meeting MinutesAugust 4, 2021 Committee of the Whole Meeting Minutes

4. Public Meetings Required Under the Planning Act

4.1. Z-2021-028 Ross Farrell - 952 Highway 21 34

CON 9 W PT LOT 34 PT LOT 35 (Huron), Township of Huron-KinlossRoll Number: 410716000304100

The purpose of this application is to permit a surplus farm dwelling severance of a +/-0.79 ha lot from a 63.82 ha agricultural parcel. An amendment to the Zoning By-Law isrequired to facilitate the severance.

Corenna Smith, Senior Development Planner will present the planning report.

5. Staff Reports

5.1. Rees – 353 Lake Range Drive, Holding Removal Request CLK-2021-08-97 53

6. By-Laws and Agreements

7. Confirming By-Law

7.1. By-Law No. 2021-87 being the August 2021 Confirmatory By-Law 57

8. Adjournment

Document Accessibility

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Please note that third party documents received and found within this document will not beconverted to an accessible format by the Township of Huron-Kinloss. However, upon request,we will attempt to obtain these documents in an appropriate accessible format from the thirdparty.

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The Corporation of the Township of Huron-Kinloss

Council Meeting Minutes

Date:

Time:

Location:

July 19, 2021

7:00 pm

Electronic Meeting

Members Present Don Murray, Deputy Mayor

Lillian Abbott, Councillor

Jim Hanna, Councillor, left at 8:54 p.m.

Ed McGugan, Councillor

Carl Sloetjes, Councillor

Members Absent Mitch Twolan, Mayor

Jeff Elliott, Councillor

Staff Present Emily Dance, Clerk

Jodi MacArthur, Treasurer

Grant Collins, Drainage Superintendent

_____________________________________________________________________

1. Call to Order

Deputy Mayor Murray called the meeting to order at 7:00 p.m.

2. Disclosure of Pecuniary Interest

2.1 Don Murray - Municipal Drain Improvement Request – Sutton Drain

DRAIN2021-07-12

Family Member

2.2 Don Murray - By-Law No. 2021-80 being the Zoning Amendment By-

law – Rick Smith Farms Limited Z-2021-010

Family Member

3. Adoption of the Minutes

Resolution No.: 508

Page 3 of 57

Moved by: Ed McGugan

Seconded by: Lillian Abbott

THAT the Township of Huron-Kinloss Council hereby adopts the July 12, 2021

Council (Planning) Meeting Minutes as presented.

Carried

4. Delegations

5. Public Hearing to Consider Drainage Reports

5.1 Robert McDonald Municipal Drain Report

Bill Dietrich, P. Eng, Dietrich Engineering presented the Robert

MacDonald Municipal Drain report and explained that the purpose was to

review the engineering and scope of work.

He explained that Section 4 of the Drainage Act gives the authority to

prepare the report which was obtained by a resolution of the Township of

Huron-Kinloss Council to prepare an Engineer’s Report.

Mr. Dietrich explained that the existing Robert MacDonald Award

Municipal Drain was originally constructed under the authority of a

report prepared by A. W. Clark, P.Eng., of Maitland Engineering Services

Ltd., dated June 8, 1983. This report provided for the construction of a

closed drainage system from Lot 17, Concession 7, downstream to the

boundary between Lot 22 and Lot 23, Concession 6 former Township of

Huron also included was the deepening and incorporation of

approximately 200 meters of natural watercourse on the east part of Lot

23, Concession 6, and that the outlet for this drain is a natural

watercourse.

An information meeting was held to gather information from the

landowners and following the report was prepared for Council

consideration. Mr. Dietrich noted that the changes to take place as

described in the report which will become a new part of the existing

drainage system. He explained that the properties assessments and

construction costs are outlined in the report along with future maintenance

costs.

Council Questions and Comments

Questioned how the system was designed for a storm event and

Page 4 of 57

confirmed that the petitioner is picking up the majority of the costs

associated with the drain.

Mr. Dietrich explained that the drainage system is designed for a 5-10

year storm and the drainage coefficient design standard used for this drain

is 38 mm of rainfall per 24 hours. It was confirmed that Mr. Hunter is

taking on the majority of costs on the drain.

A question was asked on where the overburden was coming from to

enclose the drain. It was explained that the material used for the

installation of the pipe along with an area that will be stripped will be used,

no material will be imported from off-site.

Questioned why a part of the drain would not be covered by OMAFRA for

grant funding. The Engineer explained that if you have an existing open

ditch under a municipal drain that portion is not eligible for 1/3 grant

funding to enclose it.

Public Comments

Terrance Jefferies, 110 Bruce Beach Road requested clarification on the

location of the MacDonald Drain.

It was clarified that the drain location was Concession 6, east of Highway

21.

5.1.1 Robert MacDonald Municipal Drain, 2021 Report DRAIN2021-

07-14

Resolution No.: 509

Moved by: Carl Sloetjes

Seconded by: Jim Hanna

That the Township of Huron-Kinloss Council hereby approves

Report Number DRAIN 2021-07-14 prepared by Grant Collins,

Drainage Superintendent and approves the Robert MacDonald

Municipal Drain prepared by Dietrich Engineering Limited of

Waterloo for an improvement AND FURTHER authorizes

provisional approval on tonight’s agenda AND FUTHER approves

the Court of Revision to take place on Monday August 9, 2021 at

7:30 p.m.

Carried

Page 5 of 57

5.2 Bruce Beach Municipal Drain Phase 1

Steve Brickman, P. Eng, Headway Engineering presented the Bruce

Beach Municipal Drain Phase 1 Report. He explained that there are 3

components of the drain that will be discussed, including the construction

of the detention pond, Lake Range Drive road crossing, and

improvements to the ravine. It does not include works, the downstream

works to the beach. That will be included in a separate phase.

He explained that Dietrich Engineering Limited was appointed by Council

on November 19, 2018, under Section 4 of the Drainage Act which

Council then modified its appointment of the Engineer on May 3, 2021, to

Headway Engineering.

Mr. Brickman reviewed the timeline of events that the project has taken

place so far. He noted that there was a significant event that happened

end of summer 2020 that enforced the need to move forward with the

project to protect public and private property.

In 2021, the Township applied to OMAFRA for an emergency order to

move forward quickly which was not approved and resulted in Headway

Engineering preparing the Phase 1 report that is being discussed at this

meeting. Phase 2 is to deal with taking the drainage system to the lake will

be presented in a separate report.

He noted that the findings include that nearly 200 acres drain to the ravine

and the ravine is experiencing high levels of erosion. He explained that

the design includes the construction of the detention facility (intercepting

surface water runoff, detains the water, and releases it in a controlled

manner downstream), road crossing on Lake Range Drive, and

improvements to the ravine.

He explained that through his modeling it was discovered that the ravine

erosion would continue in the same manner with the construction of the

detention pond. Mr. Brickman noted that flooding projects are designed

for big storm events and erosion projects for small storms.

The estimated costs are around one million dollars including allowances,

construction costs, administration, and taxes. Mr. Brickman went on to

explain the process moving forward, tonight's meeting is to consider

adopting the report, pass the provisional by-law and set the date for the

Court of Revision. Following Township staff will forward a copy of the

provisional by-law to the landowners and include a notice of the court of

revision. This is when the appeal process commences.

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The Court of Revision is to deal with the assessment. Once the appeal

process is complete the Township can move forward with passing the By-

Law.

Council Comments and Questions

Confirmed that it is important to understand that it is the design elements

to be discussed tonight. Council requested clarification on the works going

downstream and the control structure at the detention facility.

Mr. Brickman explained that the outlet structure is CSP riser, circular

perforated surrounded by riprap to prevent debris from getting in. The cap

will control the flow going downstream. In emergency situations when the

flow is beyond what the system is designed it can overflow into the top

and into the emergency flow pipe.

A question was asked regarding the west of the Lake Range Dr, 20-meter

drop, and the orifice plate. Mr. Brickman clarified that the difference

between the orifice plate and ground centerline is 29 meters.

Council requested confirmation that the agriculture property where the

detention pond is located can still be farmed. The Engineer explained that

it is designed to be workable it would only have rainfall during an event

and a short time after, designed as a dry detention facility.

Public Comments

Peter Schlegel, questioned the depth of the detention pond and if it will

have any effect on his tile drainage system as it is all systematically

drained and was unsure of the location of his outlet.

Mr. Brickman confirmed that the location of his outlet is close to the

property line between his and Brucelea Poultry Farms and other outlets

upstream. The proposal will affect his tile and given him an allowance for

use of property and damages. The damage allowance is to provide

compensation for Mr. Schlegel to adjust his tile drainage system but it

won't impede his drainage.

Mr. Schelgal confirmed his net assessment for the project is approx

$130,000.

Tom Clark, 97 Bruce Beach Road noted that the Engineer provided an

outstanding report. He explained that during the events in 2018 and 2020

his property got washed out. Questioned if the design Phase 1 will slow

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the velocity of the water so he won't experience what happened in 2018

and 2020.

Mr. Brickman confirmed with the construction, the damage seen in the

past will not occur, the flow will be substantially reduced and released in a

controlled manner.

David Moore, 94-2 Bruce Beach Road explained that the ravine is dry

most of the time when there is an event there is flow then get dry

again. He noted that the bend has eroded slightly only happens when

there is an event. He supports the detention facility and noted that it is the

key part to control the flow. He noted that there has been a new culvert

constructed with a grate with 2" holes on it and it is already blocked with

debris and with an event it could cause serious issues. Mr. Moore has

concerns with the cover on the culvert as it will cause damage to the

neighbouring properties that he understands was constructed without

approvals from the conservation authority and the Township.

He questioned what effects will the appeal process have on the timelines

for the construction of the detention pond and if the retention pond could

be dealt with separately from the ravine.

The Engineer explained that with the construction of the detention pond

the erosion of the ravine will remain similar to how it is currently.

Mr. Brickman explained that if there is an appeal it will hold up the

construction. He noted that the Tribunal is trying to have hearings however

they are backlogged. An appeal to the Tribunal on the design will hold up

construction, if there is an appeal to the assessment it may affect

construction times, it will be up to the Tribunal to determine to allow the

construction to proceed with an appeal to assessment.

Mark Gancevich, 98 Bruce Beach Road noted he was a major recipient of

water and his property has experienced several hundreds of thousands of

dollars of damages and noted that it is more than just the pond it is the

whole system that is failing. He felt that over the years the Township did

not allocate enough financial resources to the management of the water

and that the Township should look at the allocation for the Township's

portion for the system. He suggested that this system was not designed to

take the additional flows from the development at Lake Range and that

there have been missteps along the way.

Kristy Botden, 714 & 716 Lake Range Drive noted that in the report the

outlet for 98 Bruce Beach Road was not a long-term solution, she

Page 8 of 57

questioned why consider Phase 1 if it is unknown where the outlet will be

for Phase 2. She further questioned if property owners would be assessed

for both Phases, what determines outlet liability, and is there a yearly

value in total for maintenance costs.

The Engineer explained that the project was looked at in phases as a way

to get the detention pond constructed being the most important

part. Phase 2 portion will deal with an outlet to the beach. Regardless of

the outcome of Phase 2 the work in Phase 1 is required and will not be

redone. Mr. Brickman confirmed that properties in the watershed would

be assessed for both phases of the work.

He explained that the outlet liability on all properties portion of the area

within the watershed and depends on the land cover type and the portion

of the property that uses the drain. Mr. Brickman explained that there

won't be an annual maintenance cost. Maintenance is performed as

needed on a response basis and billed out accordingly.

Richard Outerbridge- 89 Martyn Lane- Confirmed that the maintenance

costs are on an as-needed basis and questioned if, when Phase 1 and

Phase 2 will be protected from the 100-year storm.

Mr. Brickman confirmed that the level of damage that occurred in 2020

would not occur once the detention pond is constructed.

Barb Moffat 102 Bruce Beach Road- Noted that there was not a response

from Mark Gancevich earlier questions about the distribution of the costs

and questioned if Council had a response.

Council commented that the general levy is distributed across the

Township but the report and assessment are based on the drain

project. If you are part of the watershed and confirmed that property

owners are responsible for the water on their land as it contributes to the

municipal drain. Projects costs are isolated to those in the report, not the

entire Township different from storm sewer projects in urban areas.

Brett Pollock on behalf of Sandy Pollock 95-2 Bruce Beach Road - Noted

concerns with the work on the ravine and requested that the ravine be

taken out of the report until the outlet has been settled and requested

information on the appeal process as related to the design. Commented

that it might be an option to straighten the ravine.

Page 9 of 57

Mr. Brickman explained that the appeal period for the design to the

Tribunal is a time-limit based on the mailing of the provisional By-Law (40

days) forms available from OMAFRA on the process.

5.2.1 Bruce Beach Municipal Drain Phase 1 Report DRAIN2021-07-13

Resolution No.: 510

Moved by: Ed McGugan

Seconded by: Carl Sloetjes

That the Township of Huron-Kinloss Council hereby approves

Report Number DRAIN 2021-07-13 prepared by Grant Collins,

Drainage Superintendent AND accepts the Bruce Beach Municipal

Drain Phase 1 report prepared by Headway Engineering AND

FURTHER authorizes provisional approval on tonight’s

agenda AND FUTHER approves the Court of Revision to take

place on Monday August 9, 2021 at 7:30 p.m.

Carried

6. Financial Reports

6.1 June 2021 Accounts TR2021-07-53

Resolution No.: 511

Moved by: Jim Hanna

Seconded by: Lillian Abbott

That Township of Huron-Kinloss Council ratifies and confirms payment of

the June 2021 accounts in the amount of $3,608,146.65.

Carried

6.2 Revenue and Expenditure Reports to June 30, 2021 TR2021-07-54

Resolution No.: 512

Moved by: Carl Sloetjes

Seconded by: Jim Hanna

Page 10 of 57

That Township of Huron-Kinloss Council hereby reviews and receives the

summary revenue and expenditure reports to June 30, 2021 prepared by

Jodi MacArthur, Treasurer.

Carried

6.3 July 2021 Accounts TR2021-07-55

Resolution No.: 513

Moved by: Ed McGugan

Seconded by: Carl Sloetjes

That the Township of Huron-Kinloss Council hereby authorizes payment of

the July 2021 accounts in the amount of $637,517.89

Carried

7. Staff Reports

7.1 Municipal Drain Improvement Request – Sutton Drain DRAIN2021-07-

12

Don Murray declared a conflict on this item. (Family Member)

Deputy Mayor Murray left the meeting, Councillor Hanna assumed the

Chair.

Resolution No.: 514

Moved by: Lillian Abbott

Seconded by: Carl Sloetjes

That the Township of Huron-Kinloss Council hereby approves Report

Number DRAIN 2021-07-12 prepared by Grant Collins, Drainage

Superintendent AND accepts the request of Mr. Rick Smith for an

improvement to the Sutton Municipal drain AND further appoints Steve

Brickman of Headway Engineering Limited to undertake the project and

provide a resolution.

Carried

Page 11 of 57

7.2 Emergency Management Update (22) CLK2021-07-85

Deputy Mayor Murray returned to the meeting and resumed the Chair.

Resolution No.: 515

Moved by: Jim Hanna

Seconded by: Ed McGugan

That the Township of Huron-Kinloss Council hereby receives for

information Report Number CLK-2021-07-85 prepared by Emily Dance,

Clerk

Carried

7.3 Information on the Table CLK2021-07-86

Resolution No.: 516

Moved by: Carl Sloetjes

Seconded by: Lillian Abbott

That the Township of Huron-Kinloss Council hereby receives for

information Report Number CLK-2021-07-86 prepared by Kelly Lush,

Deputy Clerk

Carried

7.4 Pine River Water Monitoring Reports June 2021 CLK2021-07-89

Resolution No.: 517

Moved by: Lillian Abbott

Seconded by: Jim Hanna

That the Township of Huron-Kinloss Council hereby receives for

information Report Number CLK-2021-07-89 prepared by Kelly Lush,

Deputy Clerk/Administrative Assistant.

Carried

8. Correspondence Requiring Direction

Page 12 of 57

8.1 Bruce Beach Cottagers Association Annual General Meeting

Council directed the Clerk to thank the Bruce Beach Cottagers

Association; however, with Council meeting still meeting virtually due to

the pandemic they felt that it would not be appropriate to attend an in-

person meeting at this time.

9. By-Laws and Agreements

9.1 By-Law No. 2021-76 being the Vacant Unit Rebate Opt Out By-Law

Resolution No.: 518

Moved by: Carl Sloetjes

Seconded by: Lillian Abbott

THAT By-Law No. 2021-76 being the Vacant Unit Rebate Opt Out By-Law

be read a first, second, third time and finally passed this 19th day of July,

2021.

Carried

9.2 By-Law No. 2021-77 being the Whitechurch Hall Demolition Tender

By-Law

Resolution No.: 519

Moved by: Lillian Abbott

Seconded by: Jim Hanna

THAT By-Law No. 2021-77 being the Whitechurch Hall Demolition Tender

By-Law be read a first, second, third time and finally passed this 19th day

of July, 2021

Carried

9.3 By-Law No. 2021-78 being the Lighthouse Webcam MOU By-Law

Resolution No.: 520

Moved by: Ed McGugan

Seconded by: Carl Sloetjes

Page 13 of 57

THAT By-Law No. 2021-78 being the Lighthouse Webcam MOU By-Law

be read a first, second, third time and finally passed this 19th day of July,

2021

Carried

9.4 By-Law No. 2021-79 being the Zoning Amendment By-law – DeJong

Z-2021-035

Resolution No.: 521

Moved by: Jim Hanna

Seconded by: Lillian Abbott

THAT By-Law No. 2021-79 being the Zoning Amendment Dejong By-Law

be read a first, second, third time and finally passed this 19th day of July,

2021

Carried

9.5 By-Law No. 2021-80 being the Zoning Amendment By-law – Rick

Smith Farms Limited Z-2021-010

Don Murray declared a conflict on this item. (Family Member)

Deputy Mayor Murray left the meeting, Councillor Hanna assumed the

Chair.

Resolution No.: 522

Moved by: Ed McGugan

Seconded by: Lillian Abbott

THAT By-Law No. 2021-80 being the Rick Smith Farms Limited By-Law

be read a first, second, third time and finally passed this 19th day of July,

2021.

Carried

9.6 By-Law No. 2021-81 being the Zoning Amendment By-law – Courtney

Z-2021-051

Page 14 of 57

Deputy Mayor Murray returned to the meeting and resumed the Chair.

Resolution No.: 523

Moved by: Carl Sloetjes

Seconded by: Lillian Abbott

THAT By-Law No. 2021-81 being the Courtney Zoning By-Law

Amendment be read a first, second, third time and finally passed this 19th

day of July, 2021.

Carried

9.7 BY-Law No. 2021-82 being the Collection of Capital Charges By-Law

Resolution No.: 524

Moved by: Lillian Abbott

Seconded by: Jim Hanna

THAT By-Law No. 2021-82 being the Collection of Capital Charges By-

Law be read a first, second, third time and finally passed this 19th day of

July, 2021

Carried

9.8 By-Law No. 2021-83 being the FCM Vehicle Based Roads/Sidewalks

Assessment and Asset Management Software Grant Agreement By-

Law

Resolution No.: 525

Moved by: Jim Hanna

Seconded by: Ed McGugan

THAT By-Law No. 2021-83 being the FCM Vehicle Based

Roads/Sidewalks Assessment and Asset Management Software Grant

Agreement By-Law be read a first, second, third time and finally passed

this 19th day of July, 2021

Carried

Page 15 of 57

9.9 By-Law No. 2021-84 being the MacDonald Municipal Drain 2021 By-

Law

Resolution No.: 526

Moved by: Ed McGugan

Seconded by: Carl Sloetjes

THAT By-Law No. 2021-84 being the MacDonald Municipal Drain 2021

By-Law be read a first and second time, and provisionally passed this 19th

day of July, 2021.

Carried

9.10 By-Law No. 2021-85 being the Bruce Beach Drain Phase 1 By-Law

Resolution No.: 527

Moved by: Lillian Abbott

Seconded by: Jeff Elliott

THAT By-Law No. 2021-85 being the Bruce Beach Drain Phase 1 By-Law

be read a first and second time and provisionally passed this 19th day of

July, 2021

Carried

10. Information

10.1 Grey Bruce Public Health Correspondence

10.2 Community Schools Alliance Correspondence

10.3 Motion to Receive

Resolution No.: 528

Moved by: Ed McGugan

Seconded by: Lillian Abbott

THAT the Township of Huron-Kinloss Council hereby receives all items

listed in Section 10.

Page 16 of 57

Carried

11. Township Committee Minutes Received

12. Other Agency Minutes and Reports Received

12.1 Municipal Innovation Council

12.2 Saugeen Valley Conservation Authority

12.3 Saugeen Mobility and Regional Transit

12.4 Motion to Receive Other Agency Minutes

Resolution No.: 529

Moved by: Carl Sloetjes

Seconded by: Jim Hanna

THAT the Township of Huron-Kinloss Council hereby receives all items

listed in Section 12.

Carried

13. New Business/Council Reports

No new business was noted.

14. Closed Session

Councillor Hanna left the meeting.

Resolution No.: 530

Moved by: Ed McGugan

Seconded by: Carl Sloetjes

That the Township of Huron-Kinloss Council hereby moves into a Closed

Meeting pursuant to [s. 239(2)(f)] Advice that is subject to solicitor-client privilege,

including communications necessary for that purpose – Human Habitation and

Contravention to the Zoning By-Law AND FURTHER return to open session

upon completion.

Carried

Page 17 of 57

15. Business Arising from the Closed Session

Resolution No.: 535

Moved by: Ed McGugan

Seconded by: Lillian Abbott

THAT Deputy Mayor Murray reported a closed meeting was held where advice

that is subject to solicitor-client privilege regarding Human Habitation and

Contravention to the Zoning By-Law was discussed and direction was given to

staff.

Carried

16. Confirming By-Law

16.1 By-Law No. 2021-86 being the July 2021 Confirmatory By-Law (2)

Resolution No.: 536

Moved by: Ed McGugan

Seconded by: Carl Sloetjes

THAT By-Law No. 2021-86 being the July 2021 Confirmatory By-Law (2)

be read a first, second, third time and finally passed this 19th day of July,

2021.

Carried

17. Adjournment

Resolution No.: 537

Moved by: Ed McGugan

Seconded by: Lillian Abbott

THAT the Township of Huron-Kinloss Council hereby adjourns at 9:50 p.m.

Carried

Page 18 of 57

_________________________

Mayor

_________________________

Clerk

Page 19 of 57

The Corporation of the Township of Huron-Kinloss

Committee of the Whole Meeting Minutes

Date:

Time:

Location:

August 4, 2021

7:00 pm

Electronic Meeting

Members Present Mitch Twolan, Mayor, left at 8:01 pm, returned at 8:19 pm

Don Murray, Deputy Mayor

Lillian Abbott, Councillor

Jeff Elliott, Councillor

Jim Hanna, Councillor

Ed McGugan, Councillor

Carl Sloetjes, Councillor

Staff Present Mary Rose Walden, Chief Administrative Officer

Emily Dance, Clerk

Jodi MacArthur, Treasurer

John Yungblut, Director of Public Works

Mike Fair, Director of Community Services

Matt Farrell, Building & Planning Manager/ CBO

_____________________________________________________________________

1. Call to Order

Mayor Twolan called the meeting to order at 7:00 p.m.

2. Disclosure of Pecuniary Interest

Mayor Twolan declared a conflict of interest on an item in Closed Session,

reason not required in open minutes. Mayor Twolan left the meeting when the

item was discussed.

Councillor Hanna declared a conflict of interest on an item in Closed Session,

reason not required in open minutes. Councillor Hanna left the meeting when the

item was discussed.

3. Closed Session

Page 20 of 57

Resolution No.: 537

Moved by: Don Murray

Seconded by: Lillian Abbott

That the Township of Huron-Kinloss Committee of the Whole hereby moves into

a Closed Meeting pursuant to [s. 239(2)(d)] Labour relations or employee

negotiations- Salary Review, [s. 239(2)(f)] Advice that is subject to solicitor-client

privilege, including communications necessary for that purpose (2 items)-

Provincial Offences Act, and Insurance Claim AND [s. 239(2)(k)]. A position,

plan, procedure, criteria, or instruction to be applied to negotiations - LPAT

appeal 438 Ross Street

Carried

4. Business Arising from the Closed Session

The motion was discussed following the staff reports.

Resolution No.: 544

Moved by: Jeff Elliott

Seconded by: Jim Hanna

That Mayor Twolan reported a Closed Meeting was held and information was

received and direction given to staff regarding Labour relations or employee

negotiations- Salary Review and direction given to staff regarding advice that is

subject to solicitor-client privilege Provincial Offences Act, and an Insurance

Claim AND FURTHER direction was given to staff regarding the LPAT appeal

438 Ross Street.

Carried

5. Delegations

6. Staff Reports

6.1 July 2021 Monthly Building Report BLDG-2021-08-20

Resolution No.: 545

Moved by: Ed McGugan

Seconded by: Carl Sloetjes

Page 21 of 57

That the Township of Huron-Kinloss Committee of the Whole hereby

receives for information Report Number BLDG2021-08-20 prepared by

Matt Farrell, Building and Planning Manager/CBO

Carried

6.2 Shed On Public Land Update Report BLDG-2021-08-21

Resolution No.: 546

Moved by: Lillian Abbott

Seconded by: Carl Sloetjes

That the Township of Huron-Kinloss Committee of the Whole hereby

receives for information Report Number BLDG-2021-08-21 prepared by

Matt Farrell, Manager of Building and Planning/CBO

Carried

6.3 July 2021 Staff Report BLE-2021-08-12

Resolution No.: 547

Moved by: Jeff Elliott

Seconded by: Jim Hanna

That the Township of Huron-Kinloss Committee of the Whole hereby

receives for information Report Number BLE-2021-08-12 prepared by

Heather Falconer, By-Law Enforcement Officer.

Carried

6.4 Feeding of Wildlife and Feral Animals BLE-2021-08-13

Resolution No.: 548

Moved by: Ed McGugan

Seconded by: Carl Sloetjes

That the Township of Huron-Kinloss Committee of the Whole hereby

approves Report Number BLE-2021-08-13 prepared by Heather Falconer,

By-Law Enforcement Officer and authorizes the bringing forward of the

Feeding of Wildlife and Feral Animals By-Law Draft for approval.

Page 22 of 57

Carried

6.5 Black Creek Municipal Drain Engineer Appointment DRAIN-2021-08-

15

Resolution No.: 549

Moved by: Jeff Elliott

Seconded by: Lillian Abbott

THAT the Township of Huron-Kinloss Committee of the Whole hereby

approves report No. DRAIN-2021-08-15 prepared by Emily Dance, Clerk

AND in accordance with Section 8 of the Drainage Act transfers the

appointment of the Black Creek Municipal Petition from Dietrich

Engineering Limited to R.J. Burnside & Associates Ltd. to prepare

drainage reports under Section 4 of the Drainage Act.

Carried

6.6 Investing in Canada Infrastructure Program – Green Stream 2021

Intake TR-2021-08-56

Resolution No.: 550

Moved by: Jeff Elliott

Seconded by: Jim Hanna

That the Township of Huron-Kinloss Committee of the Whole hereby

receives for information Report Number TR-2021-08-56 prepared by Jodi

MacArthur, Treasurer and authorizes an application to the Investing in

Canada Infrastructure Program – Green Stream 2021 Intake for the

Lucknow Standpipe Replacement.

Carried

6.7 Banking Services – Ripley Branch Closure TR-2021-8-57

Resolution No.: 551

Moved by: Ed McGugan

Seconded by: Carl Sloetjes

Page 23 of 57

That the Township of Huron-Kinloss Committee of the Whole hereby

receives for information Report Number TR-2021-08-57 prepared by Jodi

MacArthur, Treasurer.

Carried

6.8 CS – Community Services Programming – August 2021 CS-2021-08-

38

Resolution No.: 552

Moved by: Don Murray

Seconded by: Lillian Abbott

That the Township of Huron-Kinloss Committee of the Whole hereby

receives for information Report Number CS-2021-08-38, prepared by

Maggie Young Program Coordinator & Administration.

Carried

6.9 Parks and Facilities Update – August 2021 CS-2021-08-40

Resolution No.: 553

Moved by: Jeff Elliott

Seconded by: Jim Hanna

That the Township of Huron-Kinloss Committee of the Whole hereby

receives for information Report Number CS-2021-07-35 prepared by Matt

McClinchey, Parks and Facilities Supervisor.

Carried

6.10 Climate Change Advancing Adaptation Project CS-2021-08-41

Resolution No.: 554

Moved by: Ed McGugan

Seconded by: Carl Sloetjes

That the Township of Huron-Kinloss Committee of the Whole hereby

approves Report Number CS2021-08-41 prepared by Mike Fair, Director

of Community Services AND authorizes participation in the Climate

Change Advancing Adaptation Project.

Page 24 of 57

Carried

6.11 Ash Tree Green Space Management Plan CS-2021-08-42

Resolution No.: 555

Moved by: Don Murray

Seconded by: Lillian Abbott

That the Township of Huron-Kinloss Committee of the Whole hereby

approves Report Number CS2021-08-42 prepared by Mike Fair, Director

of Community Services and authorizes staff to request quotes for Ash tree

removal.

Carried

6.12 Floating Surface Aerators August 2021PW-2021-08-60

Resolution No.: 556

Moved by: Jeff Elliott

Seconded by: Jim Hanna

That the Township of Huron-Kinloss Committee of the Whole hereby

approves Report Number PW2021-08-60 prepared by John Yungblut,

Director of Public Works AND approves the quotation from H2Flow

Equipment Inc. in the amount of $29,500.00 plus HST for the purchase of

two (2) floating surface aerators, AND FURTHER authorizes the

appropriate by-law come forward.

Carried

6.13 Water/Wastewater August 2021 PW-2021-08-61

Resolution No.: 557

Moved by: Ed McGugan

Seconded by: Carl Sloetjes

THAT the Township of Huron-Kinloss Committee of the Whole hereby

receives for information Report No. PW-2021-08-61, prepared by John

Yungblut, Director of Public Works

Carried

Page 25 of 57

6.14 Speeding on Township Roads PW-2021-08-62

Resolution No.: 558

Moved by: Don Murray

Seconded by: Lillian Abbott

THAT the Township of Huron-Kinloss Committee of the Whole hereby

receives for information Report No. PW-2021-08-62, prepared by John

Yungblut, Director of Public Works

Carried

6.15 Transportation August 2021 PW-2021-08-63

Resolution No.: 559

Moved by: Jeff Elliott

Seconded by: Jim Hanna

THAT the Township of Huron-Kinloss Committee of the Whole hereby

receives for information, Report Number PW-2021-08-63, prepared by

John Yungblut, Director of Public Works.

Carried

6.16 August 2021 Community Development Officer Status Report BED-

2021-08-33

Resolution No.: 560

Moved by: Ed McGugan

Seconded by: Carl Sloetjes

THAT the Township of Huron-Kinloss Committee of the Whole hereby

receives for information report number BED-2021-08-33, prepared by

Michelle Goetz, Community Development Officer.

Carried

6.17 July 2021 The Hub Status Report BED-2021-08-34

Resolution No.: 561

Moved by: Don Murray

Seconded by: Lillian Abbott

Page 26 of 57

That the Township of Huron-Kinloss Committee of the Whole hereby

receives for information Report Number BED-2021-08-34 prepared by

Lauren Eby, Business Development Coordinator.

Carried

6.18 July 2021 Project Update BED-2021-08-35

Resolution No.: 562

Moved by: Jeff Elliott

Seconded by: Jim Hanna

THAT the Township of Huron-Kinloss Committee of the Whole hereby

receives for information Report Number BED-2021-08-35 prepared by

Taralyn Cronin, Business and Economic Officer.

Carried

6.19 NWMO Site Selection August Status Update CAO-2021-08-23

Resolution No.: 563

Moved by: Ed McGugan

Seconded by: Carl Sloetjes

That the Township of Huron-Kinloss Committee of the Whole hereby

receives for information Report Number CAO-2021-08-23, prepared by

Elyse Dewar, Project Coordinator.

Carried

6.20 Golf Cart Pilot Update (6) CLK-2021-08-90

Resolution No.: 564

Moved by: Don Murray

Seconded by: Lillian Abbott

THAT the Township of Huron-Kinloss Committee of the Whole hereby

approves Report No. CLK-2021-08-90 prepared by Emily Dance, Clerk

AND authorizes participation in the Golf Cart Pilot as per the Province of

Ontario Pilot Project - Golf Cars Regulations AND FURTHER approves a

yearly registration fee of $50.00 AND FURTHER authorize the appropriate

By-Laws coming forward.

Page 27 of 57

Carried

6.21 Noise Exemption Request – 21 Railway Street, Ripley CLK-2021-08-

92

Resolution No.: 565

Moved by: Jeff Elliott

Seconded by: Jim Hanna

That the Township of Huron-Kinloss Committee of the Whole hereby

approves Report CLK2021-08-92 prepared by Kelly Lush, Deputy Clerk

AND grants an exemption to the Noise By-Law for the Private Property

owner at 21 Railway Street, Ripley from 11:00 p.m. on Saturday, August

28, 2021, to 1:00 a.m. on Sunday, August 29, 2021, subject to an

approved COVID Safety Plan, all other COVID protocols and regulations

are followed AND THAT the exemption may be revoked due to the

COVID-19 pandemic.

Carried

6.22 Close Part of Havelock Street Plan 43 CLK-2021-08-93

Resolution No.: 566

Moved by: Ed McGugan

Seconded by: Carl Sloetjes

THAT the Township of Huron-Kinloss Committee of the Whole hereby

approves Report No. CLK-2021-08-93 prepared by Emily Dance, Clerk

AND authorizes closing Part 8 3R-4334 (Part of Havelock Street,

Lucknow) AND FURTHER authorize the Mayor and Clerk to sign any

necessary documentation AND FURTHER approve the appropriate By-

Law coming forward.

Carried

6.23 Resolutions for Consideration August 4, 2021CLK-2021-08-95

Resolution No.: 567

Moved by: Don Murray

Seconded by: Lillian Abbott

Page 28 of 57

THAT the Township of Huron-Kinloss Committee of the Whole hereby

supports Chatham Kent and the City of Kitchener in endorsing MP Peter

Julian’s private member’s motion, Motion M-84 Anti-Hate Crimes and

Incidents and his private member’s bill, Bill-C 313 Banning Symbols of

Hate Act AND directs Staff to circulate as appropriate.

Carried

Resolution No.: 568

Moved by: Jeff Elliott

Seconded by: Jim Hanna

THAT the Township of Huron-Kinloss Committee of the Whole support the

Town of Cobourg in their request for Bill C-6, being an act to amend the

Criminal Code of Canada (Conversion Therapy) as it has been presented

without any amendments AND directs Staff to circulate as appropriate.

Defeated

Resolution No.: 569

Moved by: Ed McGugan

Seconded by: Carl Sloetjes

THAT the Township of Huron-Kinloss Committee of the Whole support

City of Kitchener in their advocacy to the Federal and Provincial

Governments to review actions that could be taken to help mitigate or

offset the impacts related to the rising cost of building materials AND

direct Staff to circulate as appropriate.

Defeated

Resolution No.: 570

Moved by: Don Murray

Seconded by: Lillian Abbott

THAT the Township of Huron-Kinloss Committee of the Whole support the

City of Stratford in their appeal to the Government of Ontario to

immediately take steps to replace gas powered electrical generation with

Page 29 of 57

non-carbon based sustainable alternatives AND direct Staff to circulate as

appropriate.

Defeated

Resolution No.: 571

Moved by: Jeff Elliott

Seconded by: Jim Hanna

THAT the Township of Huron-Kinloss Committee of the Whole supports

the City of Mississauga in their call upon the Government of Canada to

terminate its appeal of the 2019 Human Rights Tribunal Ruling, ordering

Ottawa to pay compensation to First Nations Children and their families,

separated in a chronically underfunded child welfare system that sees

Indigenous children making up more than half the children in foster care

even though they comprise only 7% of all the children under the age of 15

in Canada AND further directs Staff to circulate as appropriate.

Carried

Resolution No.: 572

Moved by: Ed McGugan

Seconded by: Carl Sloetjes

THAT the Township of Huron-Kinloss Committee of the Whole supports

the Town of Cochrane and the town of Plympton-Wyoming in their request

for the Federal and Provincial Governments to have the prostate blood

test (PSA test) be included in the national health care system AND directs

Staff to circulate as appropriate.

Carried

Resolution No.: 573

Moved by: Don Murray

Seconded by: Lillian Abbott

THAT the Township of Huron-Kinloss Committee of the Whole supports

the City of Vaughan in their request to raise the legal age for a licensed

driver from 16 to 18 AND directs Staff to circulate as appropriate.

Page 30 of 57

Defeated

Resolution No.: 574

Moved by: Jeff Elliott

Seconded by: Jim Hanna

THAT the Township of Huron-Kinloss Committee of the Whole supports

the City of Woodstock in their request to the Province and the Ministry of

the Attorney General, the Ministry of Health, the Ministry of Municipal

Affairs and Housing, and the Ministry of Children, Community and Social

Services to immediately work together on both short and long term

solutions, complete with funding, to take proper responsibility and action to

address the affordable housing, homelessness, and addictions crisis AND

directs Staff to circulate as appropriate.

Defeated

6.24 Legislative Update – August 2021CLK-2021-08-96

Resolution No.: 575

Moved by: Ed McGugan

Seconded by: Carl Sloetjes

THAT the Township of Huron-Kinloss Committee of the Whole hereby

receives for information Report No. CLK-2021-08-96 prepared by Emily

Dance, Clerk

Carried

6.25 Emergency Management Update (23) CLK-2021-08-91

Resolution No.: 576

Moved by: Don Murray

Seconded by: Lillian Abbott

That the Township of Huron-Kinloss Committee of the Whole hereby

receives for information Report Number CLK-2021-08-91 prepared by

Emily Dance, Clerk

Carried

Page 31 of 57

6.26 Information on the Table August 4, 2021 CLK2021-08-94

Resolution No.: 577

Moved by: Jeff Elliott

Seconded by: Jim Hanna

That the Township of Huron-Kinloss Committee of the Whole hereby

receives for information Report Number CLK-2021-08-94 prepared by

Kelly Lush, Deputy Clerk/Administrative Assistant.

Carried

7. Information

7.1 21st Annual Child Care Worker and Early Childhood Educator

Appreciation Day

7.2 Grey Bruce Public Health Correspondence

7.3 Crime Stoppers of Grey Bruce Q2 Report

7.4 Wingham and District Hospital Foundation Annual Report

7.5 Motion to Receive

Resolution No.: 578

Moved by: Ed McGugan

Seconded by: Carl Sloetjes

THAT the Township of Huron-Kinloss Committee of the Whole hereby

receives for information all items listed in Section 7.

Carried

8. New Business/Council Reports

No updates reported.

9. Adjournment

Resolution No.: 579

Moved by: Don Murray

Seconded by: Lillian Abbott

Page 32 of 57

THAT the Township of Huron-Kinloss Committee of the Whole hereby adjourns

at 9:09 pm

Carried

_________________________

Mayor

_________________________

Clerk

Page 33 of 57

Planning Report To: Township of Huron-Kinloss Council

From: Coreena Smith, Senior Development Planner

Date: August 9, 2021

Re: Zoning By-law Amendment – Z-2021-028 (Farrell)

Recommendation:

Subject to a review of submissions arising from the public meeting:

That a decision on Zoning By-law Amendment Z-2021-028 be deferred to a later date.

Summary:

The purpose of this application is to permit a surplus farm dwelling severance of a +/-0.79 ha lot from a 63.82 ha agricultural parcel at 952 Highway 21 (Huron), in the Township of Huron-Kinloss. An amendment to the Zoning By-Law is required to rezone the lands from General Agriculture (AG1) to General Agriculture Special (AG1-25.1) for the retained farm parcel to prevent development of a future dwelling, and Agricultural Residential Special (AG3-25.2) for the severed non-farm parcel. A holding provision requiring an Archaeological Assessment for the lands containing high archaeological potential is proposed. The Environmental Protection (EP) zone will remain unchanged.

County staff are recommending that a decision on the application be deferred to a later date pending confirmation from the applicant that the single detached dwelling on the subject lands is habitable.

A related Consent application (File B-2021-036) will be considered by the County at a later.

The subject lands are situated southeast of Highway 21 and Concession 10.

Page 34 of 57

Airphoto

Site Plan Showing the Proposed New Lot

Page 35 of 57

Site Plan of the Entire Property

Page 36 of 57

Planning Analysis:

The following section provides an overview of the planning considerations that were factored into the staff recommendation for this application, including relevant agency comments (attached) and planning policy sections.

Surplus Farm Dwelling Severance

The lands are in a prime agricultural area. The Provincial Policy Statement (PPS) restricts severances in prime agricultural areas to limit the impacts to agricultural operations. Lot creation in prime agricultural areas is only permitted in the following circumstances:

• For agricultural uses; • For agricultural related uses; • For a dwelling surplus to a farming operation; and, • For infrastructure.

Further, the PPS states that the surplus residential lots are to be limited in size to accommodate water and sewage, and that new residential dwellings be prohibited on the larger farm parcel (retained lands).

The County Official Plan establishes criteria for agricultural severances in addition to the PPS policies. The lands are primarily designated Agricultural Areas, which permits the severance of a surplus farm dwelling subject to the criteria below:

• The applicant must be a bona fide farmer; • The farmer must own and farm the subject lands; • They must own and farm other lands; • They must reside elsewhere; • The dwelling must be habitable; and, • Minimal active farmland should be removed from agricultural production.

The applicant meets the definition of a bona fide farmer. They own multiple properties in the area for agricultural purposes. The existing dwelling on the subject lands is surplus to their needs.

The lands to be severed are also limited in size to accommodate the residence, a garage, a well and the existing sewage disposal system. As little land as possible is to be removed from the agricultural area.

The proposal meets all the criteria established in the PPS and County Official Plan for agricultural severances, except for the habitability of the dwelling which is discussed below.

Habitable Dwelling

The only kind of residential severance allowed under the PPS is a surplus farm dwelling severance. The County Official Plan requires the existing surplus dwelling to be habitable at

Page 37 of 57

the time of application. The intent of the policies is to maintain the viability of agricultural system by ensuring that all lands available for agricultural production are maintained for that purpose, while allowing farm operators the ability to dispose of viable residential dwellings that they do not require for themselves or their farm help. It also allows famers an option to sell rather than renting such dwellings, which many do not have the time or interest in pursuing.

The policies have the added benefit of allowing an alternative housing option for potential purchasers who may be seeking a more rural lifestyle. The policies also align with the Ontario Building Code requirements, which seek to ensure that the dwelling to be severed is suitable for human habitation.

Based on separate site visits conducted by County and Township staff, the existing yellow brick farmhouse is not occupied and is in need repairs. The extent of repairs that would be needed to make it habitable per the Ontario Building Code is not known as a full assessment of both the exterior and interior of the structure has not been completed. Given this uncertainty, it cannot be confirmed that the house is habitable or easily made habitable and thus eligible for severance. Should the house not be habitable, approval of the Zoning By-law Amendment and related Consent would facilitate the severance of a vacant lot which is contrary to the intent of the policies. In addition, the house is not currently connected to hydro but there is a connection available. There is also an existing well and septic system available. B.M. Ross and Associates Limited, who are the Township’s agent for administration of the Sewage Systems under the Ontario Building Code, have advised that the septic system was last inspected in 2015 and was given a high-age rating at that time. Township staff have asked that a septic re-inspection be conducted or the intent for a new septic system be provided by the applicant. Staff have also asked that written verification be provided that the well(s) are in use or proof of wellhead decommissioning be provided from a qualified well driller. These comments related to the well and septic system need to be addressed now or may be considered as conditions on the related Consent file once it is confirmed that the structure is otherwise habitable. For the above reasons, County staff is recommending that a decision on the application be deferred to a later date. Required Zoning By-law Amendment

An amendment to the Zoning By-law is required in order to facilitate the severance. Once issues relating to the status of the dwelling are confirmed, the following amendments to the Township Comprehensive Zoning By-law are proposed. A draft zoning by-law amendment and schedule will be provided by the County staff at a later date.

The proposed retained farm parcel will be rezoned from General Agriculture (AG1) to General Agriculture Special (AG1-25.1) and General Agriculture Special with Holding (AG1-25.1-H1) which prohibits a detached dwelling. A holding provision is proposed on a portion of the retained lands containing high archaeological potential given their proximity to a

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watercourse southeast of the property. Site alteration and development on those lands is not permitted until an Archaeological Assessment has been prepared and accepted into the Ontario Public Register of Archaeological Reports and it has been confirmed that any recommendations of the assessment (if any) have been implemented. Regular farm practices can continue on those lands.

The proposed severed non-farm parcel will be rezoned from General Agriculture (AG1) to Agricultural Residential Special (AG3-25.2).

Based on the special provisions in the Zoning By-law, both parcels shall be deemed to comply with the minimum lot area and lot frontage provisions of their respective zones. Permitted and legally established existing buildings or structures or driveways shall also be deemed to comply with any applicable zone provisions (e.g., setbacks) as per the Non-Complying Uses provisions of the Zoning By-law. It should be noted that the existing drive shed will be removed, and grain bin(s) relocated to comply with the Zoning By-law provisions.

The Environmental Protection (EP) zone will remain unchanged.

Appendices

• County Official Plan Map • Local Zoning Map • List of Supporting Documents and Studies • Agency Comments • Public Notice

Page 39 of 57

County Official Plan Map (Designated Agricultural Areas and Hazard Land Areas)

Local Zoning Map (Zoned AG1 - General Agriculture and EP - Environmental Protection)

List of Supporting Documents and Studies:

• Justification Letter. • Surplus Farm Dwelling Severance Information Sheet.

Page 40 of 57

Agency Comments:

Township of Huron-Kinloss:

1. The Township requests that the Owner provide written verification to the Clerk of septic re-inspection or intent for a new septic system for both the severed and retained parcel.

2. The Township requests that the Owner provide written verification to the Clerk that the wells are in use or proof of wellhead decommissioning be provided from a qualified well driller.

Comment: Comments 1 and 2 can be addressed now or as conditions on the Consent application (File B-2021-036). However, based on subsequent conversations between the County and Township staff, it has been determined that the current single detached dwelling is in need of repair. It is unknown at this time the extent of work that needs to be done to bring it to a habitable state per the Ontario Building Code. As such, it is recommended that a decision on the planning applications be deferred to a later date to allow time to address this comment. Hydro One Networks Inc.: No comments or concerns at this time. This preliminary review considers issues affecting Hydro One’s 'High Voltage Facilities and Corridor Lands' only. For proposals affecting 'Low Voltage Distribution Facilities’, the applicant must consult the local area Distribution Supplier.

Rick Management Official (Source Water): The Risk Management Official at the Ausable Bayfield Conservation Authority reviewed the proposed application as it relates to drinking water source protection and the Clean Water Act. The subject property is located within zone D of the Wellhead Protection Area (WHPA-D) for the Murdock Glen Municipal Drinking Water Supply, as identified in the Saugeen Source Protection Plan (SPP). Zone D is the 25-year time-of-travel delineated for the Murdock Glen well. There are no binding SPP policies or restrictions related to properties in WHPA-D; the subject land is not identified as ‘Restricted Land Use’ so a Notice under section 59 of the Clean Water Act is not required for this application. The policies of the SPP regulate activities in order to protect sources of municipal drinking water. While the local Source Protection Plan does not contain binding policies that address activities in WHPA Zone D, these areas are still considered vulnerable, and it is important to protect them. This can be accomplished using best management practices. Bruce-Grey Catholic District School Board: No comments. B.M. Ross and Associates Limited for the Township of Huron-Kinloss (attached): No objections. Saugeen Valley Conservation Authority (attached): The proposed application is acceptable.

Page 41 of 57

(EMAILED)

August 3, 2021 County of Bruce Planning and Development 30 Park Street P.O. Box 848 Walkerton, ON N0G 2V0

Attention: Candace Hamm

Dear Ms. Hamm

Re: File: B-2021-036, Z-2021-029 952 Highway 21 Con 9 W PT Lot 34 Pt Lot 35 Farrell, Ross (Owner) Township of Huron-Kinloss (Geographic Township of Huron)

We received the above mentioned “Request for Agency Comment” on July 13, 2021. As the Township of Huron-Kinloss’ agent for administration of the Ontario Building Code (OBC), Part 8, Sewage Systems we appreciate the opportunity to comment on this application.

The application was submitted to facilitate severance of a surplus farm dwelling from a 63.82 ha parcel at 952 Highway 21. The application also requires an amendment to the Zoning By-Law to rezone the severed and retained lots.

The application has been reviewed by OBC Part 8 Inspector Dave Bell (BCIN# 34600). We note that the septic system was inspected in 2015. The system was given a High-Age rating at the time. Currently the system is noted as being abandoned. The proposed severance has sufficient space to accommodate the existing septic system, or a new system if required, and the required setbacks.

We have no objections to this proposal.

Yours very truly

B. M. ROSS AND ASSOCIATES LIMITED

Per _______________________________

Lisa J. Courtney, M.Sc. R.P.P, M.C.I.P Environmental Planner

cc. Matt Farrell, Chief Building Official, Township of Huron-Kinloss

File No. 11187

B. M. ROSS AND ASSOCIATES LIMITEDEngineers and Planners62 North Street, Goderich, ON N7A 2T4p. (519) 524-2641www.bmross.net

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1078 Bruce Road 12, P.O. Box 150, Formosa ON Canada N0G 1W0 Tel 519-367-3040, Fax 519-367-3041, [email protected], www.svca.on.ca

Watershed Member Municipalities

Municipality of Arran-Elderslie, Municipality of Brockton, Township of Chatsworth, Municipality of Grey Highlands, Town of Hanover, Township of Howick, Municipality of Morris-Turnberry, Municipality of South Bruce, Township of Huron-Kinloss, Municipality of Kincardine, Town of Minto, Township of Wellington North,

Town of Saugeen Shores, Township of Southgate, Municipality of West Grey

SENT ELECTRONICALLY ONLY: [email protected] and [email protected]

July 25, 2021

County of Bruce Planning & Development Department 30 Park Street Walkerton, Ontario N0G 2V0

ATTENTION: Coreena Smith, Planner

Dear Ms. Smith, RE: Proposed Zoning By-law Amendment Z-2021-029 and Consent B-2021-036 (Farrell)

952 Highway 21 West Part Lot 34 Part Lot 35 Concession 9 Roll Number: 410716000304100 Geographic Township of Huron Township of Huron-Kinloss

Saugeen Valley Conservation Authority (SVCA) staff has reviewed the above-noted applications as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 169/06 (SVCA’s Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses Regulation). SVCA staff has also provided comments as per our Memorandum of Agreement (MOA), dated September 2019, with the County of Bruce representing natural hazards, natural heritage, and water resources; and the applications have also been reviewed through our role as a public body under the Planning Act as per our Conservation Authority Member approved Environmental Planning and Regulations Policies Manual, amended October 16, 2018. Purpose The purpose of this applications are to permit a surplus farm dwelling severance of a +/-0.79 hectare (ha) lot from a 63.82 ha agricultural parcel. An amendment to the Zoning By-Law is required to facilitate the severance. Recommendation The proposed applications are acceptable to SVCA staff. Delegated Responsibility and Advisory Comments SVCA staff has reviewed the applications through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020). We have also reviewed the applications through our responsibilities as a service provider to the County of Bruce in that we provide expert advice and technical clearance on Planning Act applications with regards

Page 43 of 57

County of Bruce Planning & Development Department Z-2021-029 and B-2021-036 (Farrell)July 25, 2021Page 2 of 4

to natural hazards, natural heritage, and water resources as set out in the PPS, 2020, County Official Plan (OP) and/or local official plans. Comments below only include features/technical requirements affecting the property.

Natural Hazards:

The natural hazard features affecting the property include any flood and erosion hazards of the closed/tiled drains that cross the property. It is SVCA staff’s opinion that the Hazard Lands Area designation as shown on Schedule A to the Bruce County OP and the Environmental Protection (EP) zone as shown in the Huron-Kinloss Zoning By-law, generally coincides with SVCA Hazard Lands as historically mapped by the SVCA for the property.

Provincial Policy Statement – Section 3.1

Section 3.1 of the PPS, 2020 states in part that development shall generally be directed to areas outside of: b) hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding and erosion hazards; and c) hazardous sites. It is the opinion of SVCA staff that the applications comply with Section 3.1. of the PPS, 2020.

County of Bruce OP Policies

Section 5.8 of the County of Bruce OP generally directs development to be located outside of Hazardous Land Area. It is the opinion of SVCA staff that the applications comply with the natural hazard policies of the Bruce County OP.

Natural Heritage:

It is the opinion of SVCA staff that the significant natural heritage features affecting the property are potentially fish habitat, and habitat of endangered species and threatened species.

Provincial Policy Statement – Section 2.1

Section 2.1 of the PPS, 2020 states in part that development shall not be permitted in fish habitat and its adjacent lands, and habitat of endangered species and threatened species, and the adjacent lands to the above referenced features, except in accordance with the specified policies found in Section 2.1.

Bruce County OP Policies

Potential Fish Habitat and its Adjacent Lands Two closed/tiled drains, namely: part of Harrison Drain, and an unnamed drain appear to cross the property. These drains are tributaries of Royal Oak Creek (also part of Royal Oak Creek Drain). Royal Oak Creek is considered fish habitat by SVCA staff, and the drains may be considered by SVCA staff, to be contributary to fish habitat. Section 4.3 of the Bruce County OP generally prohibits development within fish habitat and its adjacent lands, except in accordance with applicable policies. SVCA staff are of the opinion that the negative impacts to potential fish habitat and its adjacent lands as a result of the applications will be negligible, and SVCA staff are not recommending the preparation of an Environmental Impact Study (EIS) to address potential fish habitat at this time.

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County of Bruce Planning & Development Department Z-2021-029 and B-2021-036 (Farrell)July 25, 2021Page 3 of 4

Habitat of Endangered Species and Threatened Species Although not mapped in the Bruce County OP, it has come to the attention of SVCA staff that habitat of endangered species and threatened species may be located on and/or on lands adjacent to the properties. Section 4.3.2.7 of the Bruce County OP states in part that development will not be permitted within habitat of endangered species and threatened species, and their adjacent lands. It is the role of the SVCA to identify habitat of endangered species and threatened species through a screening process in consideration of the PPS, 2020 and local policies, however it is the responsibility of the owner/applicant to ensure the endangered species and threatened species policy referred to in the PPS, 2020 has been appropriately addressed. Please contact the Ministry of Environment, Conservation and Parks (MECP) for information on how to address this policy. MECP inquiries can be addressed to [email protected].

Statutory Comments

SVCA staff has reviewed the applications as per our responsibilities as a regulatory authority under Ontario Regulation 169/06 (SVCA’s Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses Regulation). This regulation, made under Section 28 of the Conservation Authorities Act, enables SVCA to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Subject to the CA Act, development taking place on or adjacent to these lands may require permission from SVCA to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. SVCA also regulates the alteration to or interference in any way with a watercourse or wetland.

Small areas of the property, associated with the closed/tiled drains are within the SVCA Approximate Screening Area associated with Ontario Regulation 169/06. As such, development and/or site alteration within the SVCA Approximate Screening Area may require permission from SVCA, prior to carrying out the work. For the property, the SVCA Approximate Screening Area includes the largest extent of the natural hazard features: watercourses/drains, and any floodplains, plus an offset distance from these features of 15 metres outwards from a floodplain and/or the stable valley offset from the watercourse.

“Development” as defined under the Conservation Authorities Act means:

a) the construction, reconstruction, erection or placing of a building or structure of any kind;b) any change to a building or structure that would have the effect of altering the use or potential use of the

building or structure, increasing the size of the building or structure or increasing the number of dwellingunits in the building or structure;

c) site grading; or,d) the temporary or permanent placing, dumping or removal of any material, originating on the site or

elsewhere.And;

“Alteration” as per Section 5 of Ontario Regulation 169/06 generally includes the straightening, diverting or interference in any way with a river, creek, stream or watercourse, or the changing or interfering in any way with a wetland.

To determine where the SVCA Approximate Screening Area is located associated with our Regulation on the property, please refer to the SVCA’s online mapping program, available via the SVCA’s website at http://eprweb.svca.on.ca.

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County of Bruce Planning & Development Department Z-2021-029 and B-2021-036 (Farrell) July 25, 2021 Page 4 of 4 SVCA Permission for Development or Alteration

If development or alteration including construction, reconstruction, conversion, grading, filling or excavation, including agricultural tile drainage, is proposed within the SVCA Approximate Screening Area on the property, the SVCA should be contacted, as permission may be required. Drinking Water Source Protection According to SVCA mapping, the property appears be located within an area that is subject to the local Drinking Water Source Protection Plan. To confirm, please contact the Township of Huon-Kinloss Risk Management Official Mary Lynn MacDonald at [email protected]. Summary SVCA staff has reviewed the applications in accordance with our MOA with the County of Bruce, and as per our mandated responsibilities for natural hazard management, including our regulatory role under the Conservation Authorities Act. The application is acceptable to SVCA staff. Given the above comments, it is the opinion of the SVCA staff that:

1) Consistency with Section 3.1, Natural Hazard policies of the PPS, 2020 has been demonstrated; 2) Consistency with Section 2.1, Natural Heritage policies of the PPS, 2020 has been demonstrated, with

the exception of habitat of endangered species and threatened species which must be addressed by the applicant/landowner; and

3) Consistency with local planning policies for natural hazards and natural heritage has been demonstrated, with the exception of habitat of endangered species and threatened species which must be addressed by the applicant/landowner.

Please inform this office of any decision made by the Township of Huron-Kinloss and/or the County of Bruce with regards to the applications. We respectfully request to receive a copy of the decisions and notices of any appeals filed. Should you have any questions, please contact the undersigned.

Sincerely,

Michael Oberle Environmental Planning Technician Saugeen Conservation MO/ cc: Emily Dance, Clerk, Township of Huron-Kinloss (via email) Don Murray, SVCA Authority Member representing the Township of Huron-Kinloss (via email)

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County of Bruce Planning & Development Department 30 Park Street, Box 848 Walkerton, ON N0G 2V0 brucecounty.on.ca 226-909-5515

COVID-19 Notice: Bruce County Planning offices are closed to the public until further notice. Our staff would be pleased to connect with you by email or phone.

July 13, 2021 File Number: Z-2021-028

Public Meeting Notice You’re invited: On-line Public Meeting to consider Zoning By-law Amendment file Z-2021-028 Monday, August 9, 2021 at 7:00 pm

A change is proposed in your neighbourhood: The purpose of this application is to permit a surplus farm dwelling severance of a +/-0.79 ha lot from a 63.82 ha agricultural parcel. An amendment to the Zoning By-Law is required to facilitate the severance. The related consent file is B-2021-036.

952 HIGHWAY 21 – CON 9 W PT LOT 34 PT LOT 35 (Huron), Township of Huron-Kinloss Roll Number: 410716000304100

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Learn more You can view more information about the application at https://brucecounty.on.ca/living/land-use. Our staff would be pleased to connect with you by email ([email protected]) or phone (226-909-5515). Once our offices re-open, information about the application will be available in person at the County of Bruce Planning Office noted above, between 8:30 a.m. and 4:30 p.m. (Monday to Friday). The Planner on the file is: Coreena Smith

Have your say Comments and opinions submitted on these matters, including the originator’s name and address, become part of the public record, may be viewed by the general public and may be published in a Planning Report and Council Agenda. Before the meeting: You can submit comments by email [email protected] or mail, or phone (226-909-5515) if you have any questions, concerns or objections about the application. Comments will be provided to the Committee for its consideration. On the day of and during the Public Meeting: you can speak during the online public meeting.

How to access the public meeting As a result of the COVID-19 Pandemic, the Township of Huron-Kinloss Public Meeting will be held in electronic format.

For information on how to participate in the public meeting, please visit the municipal website at: https://www.huronkinloss.com/minutes-agendas.cfm.

Details on participating in the electronic meeting will be provided when the agenda is published. Please contact the Township of Huron-Kinloss by 4:30 pm on June 14, 2021 ([email protected] or 519-395-3735 ext. 123) if you have any questions regarding how to participate in the meeting.

Stay in the loop If you’d like to be notified of the decision of the approval authority on the proposed application(s), you must make a written request to the Bruce County Planning Department.

Know your rights Section 34(11) of the Planning Act outlines rights of appeal for Zoning By-law Amendment applications. If a person or public body would otherwise have an ability to appeal the decision of the Council of the Township of Huron-Kinloss to the Ontario Land Tribunal but the person or public body does not make oral submissions at a public meeting or make written submissions

COVID-19 Notice: Bruce County Planning offices are closed to the public until further notice. Our staff would be pleased to connect with you by email or phone.

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COVID-19 Notice: Bruce County Planning offices are closed to the public until further notice. Our staff would be pleased to connect with you by email or phone.

to the Bruce County Planning Department before the by-law is passed, the person or public body is not entitled to appeal the decision. If a person or public body does not make oral submissions at a public meeting, or make written submissions to the Bruce County Planning Department before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. For more information please visit the Ontario Land Tribunal website at https://olt.gov.on.ca/appeals-process/.

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COVID-19 Notice: Bruce County Planning offices are closed to the public until further notice. Our staff would be pleased to connect with you by email or phone.

Site plan

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COVID-19 Notice: Bruce County Planning offices are closed to the public until further notice. Our staff would be pleased to connect with you by email or phone.

Site plan

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Variance - Letter of Application - #952 Highway 21, Ripley

Dear Mr. Matt Farrell

I and Mr. Ross Farrell would like to keep the setback that was submitted with the site plan. Our

reasoning being, that Mr. Ross plans on taking down the drive shed and move the silo infringing on the

20m setback, to a foundation which has already been poured. Moving the silo to the aforementioned

foundation would fulfill the 20m setback requested by you, the Chief Building Official. Ross plans on

having all of this completed by the end of the year.

In addition to these reasons, the water supply for the house is located on the North side of the garage

which we would require to run a fresh water supply to the house located on the property. Thank you

very much for your time, it is greatly appreciated as my wife and l are very much Iooking forward to

restoring the house back to its former glory and making it a home for us and our daughter for many

years to come.

Best regards,

Phil Dodds

@- t =;fi

RECEJ!VED

JUN i .- 2U21 lBRUCE COUN'IY

PLA':4i'iti'!G

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The Corporation of the Township of Huron-Kinloss

Staff Report

Report Title: Rees – 353 Lake Range Drive, Holding Removal Request

Prepared By: Emily Dance, Clerk

Department: Clerk

Date: Aug. 9, 2021

Report Number: CLK-2021-08-97 File Number: D14 REE-21

Attachments: Map, Survey with proposed dwelling location

Recommendation:

That the Township of Huron-Kinloss Council hereby approves Report Number

CLK2021-08-97 prepared by Emily Dance, Clerk and authorizes removing the holding

provisions from the property described as Townplot of Alma; Lot 2 West of Helena

Street AND further authorizes the appropriate by-law coming forward.

Background:

The Township of Huron-Kinloss is in receipt of a request from Austin Rees for 353

Lake Range Dr known legally as Townplot of Alma; Lot 2 West of Helena Street to

remove the holding provisions in order to construct a single detached dwelling.

The property is zoned Residential One with holding symbol ‘R1-H’ and,

Environmental Protection ‘EP’.

The Holding symbol may be removed once the conditions, as outlined in Zoning By-

law No. 2018-98, have been met which include plans being submitted and approved

by the Corporation in accordance with Section 6.6 of the Bruce County Official Plan

and Section 5.5 of the Township of Huron-Kinloss Official Plan.

Removal of the Holding symbol from the said property will permit the full range of

‘Residential One” purposes in compliance with the ‘R1’ zone.’.

Discussion:

The owner of the property has requested to remove the holding on their property to

move forward with the construction of a residence.

Township staff have reviewed the conditions to remove and are satisfied they meet

the requirements.

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As per Section 36 of the Planning Act, notice of the meeting was given to the

surrounding property owners on July 23, 2021.

There were no comments or concerns received from the neighbouring property

owners at the time of writing the report.

Financial Impacts:

As per the Township of Huron-Kinloss Consolidated Fees By-Law, a fee of $150

applies

Strategic Alignment / Link:

We are an environmentally conscious community that are good stewards of our

natural environment

Respectfully Submitted By:

Emily Dance, Clerk

Approved By:

Mary Rose Walden, Chief Administrative Officer

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© County of Bruce

0.1

THIS MAP IS NOT TO BE USED FOR NAVIGATION

NAD_1983_UTM_Zone_17N

Kilometers0.1

Notes

Legend

This map is a user generated static output from an Internet mapping site and is for

reference only. Data layers that appear on this map may or may not be accurate,

current, or otherwise reliable.

0.060

1: 2,500

353 Lake Range Dr

2021

Rural Community point, labelled

Ferry

Provincial Highway

County Road

Municipal or Other Road

OBM Building Location

OBM Building Footprint

Building Footprint

Propane Facility Buffer

SeveranceSevered portion

Retained portion

SubdivisionDraft Approved

Final Approved

Wellhead Protection AreaWellhead Protection Zone A

Wellhead Protection Zone B

Wellhead Protection Zone C

Wellhead Protection Zone D

Wellhead Protection Area

Wellhead Protection Area

Wellhead Protection Area

Wellhead Protection Area

Body of Water

Evaluated Wetland

WatercoursePermanent Stream

Intermittent Stream

Kincardine Airport Restriction Overlay

230

235

240

245

250

255

260

265

270

275

280

285

290Page 55 of 57

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The Corporation of the Township of Huron-Kinloss

BY-LAW

2021- 87

Being a By-law to Confirm the Proceedings of the

Council of the Township of Huron-Kinloss

WHEREAS the Municipal Act S.O. 2001, c 25, Section 5(1), as amended, provides that the powers of a municipal corporation are to be exercised by its Council;

AND WHEREAS the Municipal Act S.O. 2001, c 25, Section 5(3), as amended, provides that a municipal power, including a municipality’s capacity rights, powers and privileges under Section 9; shall be exercised by By-Law;

AND WHEREAS The Council for The Corporation of the Township of Huron-Kinloss deems it expedient that the proceedings of meetings of the Council and Committee of the Whole be confirmed and adopted by By-Law;

NOW THEREFORE the Council of The Corporation of the Township of Huron-Kinloss enacts as follows:

1.0 That the actions of the Council of The Corporation of The Township of Huron-

Kinloss at its Committee of the Whole Meeting held August 4, 2021 and its Council Meeting held August 9, 2021 in respect to each report, motion, resolution or other actions recorded and taken by Council at its meetings, except where the prior approval of the Ontario Lands Tribunal is required is hereby adopted, ratified and confirmed as if all such proceedings were expressly embodied in this By-Law.

2.0 That the Mayor and appropriate department head of the Corporation are hereby

authorized and directed to do all things necessary to give effect to the said action, of Council of the Township of Huron-Kinloss referred to in the proceeding section.

3.0 That the Mayor and Clerk are hereby authorized and directed to execute all

documents necessary on behalf of the Council and to affix the corporate seal of The Corporation of The Township of Huron-Kinloss to all such documents.

4.0 This By-Law shall come into full force and effect upon final passage.

5.0 This By-Law may be cited as the “August, 2021 Confirmatory By-Law”.

READ a FIRST and SECOND TIME this 9th day of August, 2021. READ a THIRD TIME and FINALLY PASSED this 9th day of August, 2021.

Mitch Twolan, Mayor Emily Dance, Clerk

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