The Corporation of the Township of Brock

Property Standards Committee Minutes

Monday, April 29, 2024 at 2:00 P.m. - 3:00 P.m.

Council Chambers - 1 Cameron St. E. Cannington and Electronically

Members Present:

• Mayor Walter Schummer
• Ward 1 Councillor Peter Frank
• Ward 2 Councillor Claire Doble
• Ward 3 Councillor Angela Canavan
• Ward 4 Councillor Cria Pettingill
• Ward 5 Councillor Lynn Campbell

Members Absent:

• Regional Councillor Michael Jubb

Staff Present:

• Clerk/Deputy CAO Fernando Lamanna
• Clerk's Assistant Deena Hunt
• Clerk's Assistant Stefanie Stickwood
• Director Development Services Robin Prentice
• Sarah Jones Supervisor By-law Enforcement

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1.

Call to Order

Fernando Lamanna, Clerk/Deputy CAO called the meeting to order at 2:00 p.m. and a quorum was present.

Property Standards Appeal Application for the Order issued on March 18, 2024 pursuant to section 15.2 of the Building Code Act, for the property municipally known as B22705 Durham Road 23. Legal Description Conc 13 PT LOT 1, Now RP 40R3623 Part 3 IRREG.

James Ridgway, By-law Officer was in attendance.

2.

Land Acknowledgement

It is important to begin each public gathering with a Land and Territorial Acknowledgement, to recognize the Indigenous people for being good stewards of the land and environment, here where we are meeting today. The Township of Brock has traditionally been a hunting and fishing ground for First Nations people. We reside on and benefit from the Williams Treaty Territories, on the land of the Mississaugas and Chippewas. May we share the land as long as the sun rises, the grass grows and river flows.

3.

Declaration of Pecuniary Interest

None.

4.

Election of Chair

• Resolution: PSC-2024-001
  Moved by Councillor Pettingill

  Be It Resolved That Mayor Schummer be appointed as Chair of the Property Standards Committee.

  CARRIED

5.

Evidence Provided by Township Staff

James Ridgway, By-law Enforcement Officer provided evidence which included:

• March 7, 2024 - received a complaint for B22705 Durham Road 23 that water was being discharged onto the complainants property
• March 9 - attended the property for an investigation and assessed that water was draining onto the complainants property
• March 18 - issued Order to Comply with Property Standards By-law Number 1562-98-PP, as amended, to remedy water being discharged onto neighbouring property
• April 8, 2024 - final date for appeal of the order
• April 28, 2024 - date to comply with the order

• Resolution: PSC-2024-002
  Moved by Councillor Canavan

  Be It Resolved That the evidence provided by Township staff submitted by James Ridgway regarding an appeal to the property standards order against property B22705 Durham Road 23, Cannington (Port Bolster), Case Number 24-073 be received.

  CARRIED

6.

Evidence Provided by Appellant

Tim Perras and Lois Perras provided the following comments:

• it is not believed that water is draining onto the complainants property
• it had frozen and our plumber explained that the pipe must be cut to avoid flooding the basement given that the ground was frozen
• there are tenants in the home, need to fix it
• no intention to drain onto the neighbour's property
• the pipe had been installed by a septic installer
• installing an electric charger down the pipe would cost $2,000 and wouldn't guarantee that it wouldn't freeze again
• requesting that the order be rescinded
• was not advised that there was a fee to appeal

• Resolution: PSC-2024-003
  Moved by Councillor Pettingill

  Be It Resolved That the evidence provided by appellant regarding appeal to the property standards order against property B22705 Durham Road 23, Cannington (Port Bolster), Case Number 24-073, submitted by Tim Perras be received. 

  CARRIED

7.

Public Comments

7.1

B22705 Durham Road 23, Cannington (Port Bolster)

Marilyn Burrows

Michelle and Mary Ann, children of Marilyn and Mark Burrows provided the following comments:

• water has been discharging onto our parents property for several years and Mom (Marilyn) calls the neighbours
• the trench makes water flow onto parents property frequently, not just in the winter
• property goes to the fence line
• our parents paid for the swale to drain water from their backyard to the street
• the swale flows/floods both ways

• Resolution: PSC-2024-004
  Moved by Councillor Canavan

  Be It Resolved That the information provided from Marilyn Burrows with respect to B22705 Durham Road 23, Cannington (Port Bolster) be received.

  CARRIED

8.

Committee Deliberation

Committee provided the following enquiries:

• is the trench dug right to the ditch
• did your plumber advise that cutting the pipe 2 inches from the exterior of the house would alleviate basement flooding
• are you contesting that water doesn't flow onto the neighbouring property
• where did the original outlet hose flow to, and was it buried
• is this a temporary fix, could you run a temporary hose to the ditch
• is there a survey indicating property lines
• is there a long term plan for drainage, does it normally drain to the road ditch

9.

Closed Session

• Resolution: PSC-2024-005
  Moved by Councillor Frank

  Be it Resolved That the Property Standards Committee proceed into a Closed Meeting at 2:28 p.m. to discuss the following matters:

  • litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board pursuant to Section 239(2)(e) of the Municipal Act with respect to a Property Standards Order Appeal
  CARRIED

10.

Rise From Closed Session

• Resolution: PSC-2024-006
  Moved by Councillor Frank

  Be It Resolved That the Property Standards Committee confirm Property Standards Order 24-073 issued to Timothy Perras for the property located at B22705 Durham Road 23.

  CARRIED

11.

Adjournment

• Resolution: PSC-2024-007
  Moved by Councillor Pettingill

  Be it Resolved That the Property Standards Committee adjourn at 2:59 p.m. 

  CARRIED