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Home My WebLink AboutBayham Council Minutes 1997 COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O.BOX 160 STRAFFORDVILLE, ONTARIO January 9, 1997 9:00 a.m. The regular meeting of Council of the Township of Bayham was held at 9:00 a.m. on Thursday, January 9, 1997 in the Council Chambers. Present were, Deputy Reeve Joe Volkaert Sr., (In the Chair), Councillors John E.Barclay, Wayne Casier, John Nezezon, Administrator Treasurer Lynn S. Buchner and Clerk Maureen Beatty. 1. CALL TO ORDER Deputy Reeve Volkaert called the meeting to order at 9:00 a.m. and made a brief statement as this was the first meeting of 1997. He stated that 1996 was a very frustrating year filled with uncertainty for municipal politicians, however,the Township was successful in achieving its goals by completing all budgeted works. He commended the administration for their work. He remarked that hopefully within the next month, Council will know what the future holds for Bayham Township. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No member of Council disclosed a pecuniary interest and the general nature thereof. 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES (a) 97-1 Moved by J.Barclay Seconded by W. Casier "THAT the Minutes of the Regular Council Meeting held December 19, 1996 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 9:10 p.m. -Mr. John Gilvesy,Gentrac Services, representing Paul and Mary Lee Ens appeared and requested Council to convey the closed road allowance located between Lots 118 and 119, STR in accordance with their written request dated December 31, 1996. The Clerk explained that the road allowance had been closed by By-law No. 396 in 1881, however investigation showed that it had never been conveyed. She pointed out that the Planning Consultant has advised that once the conveyance occurs, the owner will be required to rezone the undersized agricultural parcel east of the road allowance to officially recognize it as such. Mr. Gilvesy expressed his opposition to this requirement, but indicated that his clients would comply if required. He added that his clients intend to sell the parcel east of the road allowance and at a later date will seek a boundary line adjustment to add a piece west of the road allowance which contains an existing barn. Council requested the Clerk to seek further explanation from the Planning Consultant concerning the rezoning requirement, however, the conveyance could proceed separately. File: L6.1 - See Item 8.1 (b) (b) 9:25 p.m. -Mr. Jack Petrie, representing G. Neil Procunier appeared and asked Council to support his client's proposal to sever a lot of approximately one acre in Part Lot 114, Concession 7,NTR. Mr. Petrie explained that the lot contains the only dwelling left on the agricultural parcel which has been owned and occupied by Mr. Procunier and he wishes to remain in the dwelling as his retirement home. It is his client's intention to sell the farmland to the individual who currently rents the property. COUNCIL MINUTES 2 JANUARY 9, 1997 4. DELEGATIONS (continued) Additionally, a further severance would be sought for the existing Right of Way which allows the property owner to the east to access his fields. Council did not support the proposal on the basis that the severing of lots containing the only farmhouse owned by a property owner in the Township would create a precedent which is not in keeping with the intent of the Official Plan. File: DO 1 - See Item 6.1 (a) (c) 9:58 a.m. - Chief Building Official Dwayne Daniel appeared and presented the List of Building Permits issued for the month of December, 1996, a year end report of Building Activities and provided an update on the status of the Bartley Drain Petition, Branch"A" and Gilvesy-Baldwin Drain in Eden. Files: P8.1,DB.1.3 &DG.5 - See Items 7.1 (a) & 8.1 (a) (d) 10:45 a.m. -Road Superintendent Bob Bartlett appeared and discussed road department activities. File: T6.1 5. INFORMATION ITEMS 97-2 Moved by W. Casier Seconded by J. Barclay "THAT Information Items 5(a) - 5(j) be received and filed." Disposition: Motion Carried Unanimously (a) ROMA(Rural Section)Memorandum dated December 10, 1996 regarding Nominations for the ROMA Rural Section Executive Committee Annual Meeting,February 9-12, 1997. (Received and Filed) File: A1.5 (b) Ministry of Municipal Affairs News Release of final "Who Does What"Letter. dated December 30, 1996. (Received and Filed) File: A16.7 (c) Long Point Region Conservation Authority Minutes of its meeting held December 4, 1996. (Received and Filed) File: A16.6 (d) The Green Lane Letter-Environmental Newsletter,December 1996. (Received and Filed) File: E7.1 (e) Harbour Lights Community News-December 7, 1996 to January 4, 1997. (Received and Filed) File: M6.2 (f) Township of Malabide Notice of Passing of Zoning by-law. (Received and Filed) File: C2.1 COUNCIL MINUTES 3 JANUARY 9, 1997 5. INFORMATION ITEMS (continued) (g) Ministry of Municipal Affairs and Housing correspondence regarding restructuring provisions under the Savings and Restructuring Act. (Received and Filed) File: A16.7 (h) Union Gas Limited correspondence advising they received approval from the Ontario Energy Board for an interim rate increase effective January 1, 1997. (Received and Filed) File: E6.4 (i) Middlesex-Elgin Community Leaders'Letter-January-February, 1997 (Received and Filed) File: M6.1 (j) Ontario Good Roads Association "Municipal Routes"publication,November/December. (Received and Filed) File: M6.5 6. PLANNING, DEVELOPMENT &RECREATION 1. CORRESPONDENCE& REPORTS (a) Information Staff Report 97005 introducing a proposed severance by Neil Procunier- Part Lot 114, Concession 7,NTR. File: DO1 97-3 Moved by J.Barclay Seconded by W. Casier "THAT Information Staff Report 97005 regarding a proposed severance by Neil Procunier for Part Lot 114,Concession 7,NTR be received and filed; AND THAT Mr.Procunier be advised that Council is not in agreement with his proposal." Disposition: Motion Carried Unanimously (b) Proposed Severance by Fred Hermann,Part Lots 26 and 27, Concession North Gore and Part Lots 134 and 135, Concession NTR. File: DO1 The Clerk explained that Mr. Hermann is seeking Council's input about his proposal to sever the residential dwelling and all surrounding buildings from the farm located on Pt. Lots 26 & 27, Concession North Gore and Pt. Lots 134 & 135, Concession 7 which he is currently in the process of acquiring from Amandus and Helen Bobkowski. Council discussed this proposal and were not in agreement with his plans to sever all farm buildings as it would create a precedent which is not in keeping with the intent of the Official Plan. COUNCIL MINUTES 4 JANUARY 9, 1997 6. PLANNING,DEVELOPMENT & RECREATION (continued) 1. CORRESPONDENCE& REPORTS (continued) 97-4 Moved by J. Barclay Seconded by J. Nezezon "THAT the preliminary sketch submitted by Fred and Susan Hermann for a proposed severance of a lot located on Part Lots 26 and 27, Concession North Gore and Part Lots 134 and 135, Concession NTR be received and filed; AND THAT Mr. Hermann be advised that Council is not in agreement with his proposal." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) The Clerk provided Council with an update on the severance application by Gilles and Dennise Menard for property located in Part Lot 15, Concession 3. She noted that the Health Department had requested an additional 30 m depth in order to increase the lot size. Discussion with the Health Department revealed that they were not aware that the applicant wished to sever the lot and the area for new lots differ from existing lots. The Clerk stated she would be contacting the applicant's solicitor to enquire about what action is being taken to resolve this matter and she would report back further to Council. File: D9.1. 3. OTHER BUSINESS No Items 4. PUBLIC MEETINGS None 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Information Staff Report 97007 from Chief Building Official regarding the status of the Bartley Drain Petition,Branch"A"and the Gilvesy-Baldwin Drain in Eden. Files: DB.1.3 &DG.5 97-5 Moved by W. Casier Seconded by J. Barclay "THAT Information Staff Report 97007 providing an update on the status of new municipal drains in process be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items COUNCIL MINUTES 5 JANUARY 9, 1997 7. ROADS,AGRICULTURE &DRAINAGE (continued) 3. OTHER BUSINESS No Items 8. PROPERTY,BUILDING&PROTECTIVE SERVICES I. CORRESPONDENCE& REPORTS (a) Staff Report 97006 providing a list of Building Permits issued for the month of December 1996, and year end comparison to 1995. File: P8.1 97-6 Moved by J. Barclay Seconded by W. Casier "THAT the Building Permits for the month of December 1996 identified in Staff Report 97006 be approved; AND THAT Information Staff Report 97006 providing a summary of the building permits issued for the year 1996 be received and filed." Disposition: Motion Carried Unanimously (b) Staff Report 97001 regarding the conveyance of a closed road allowance as requested by Paul and Mary Ens between Lots 118 and 119, STR. File: L6.1 97-7 Moved by W. Casier Seconded by J. Barclay "THAT the request from Paul and Mary Lee Ens to the Township of Bayham to convey the closed road allowance located between Lots 118 and 119,immediately south of Talbot Road (now Heritage Line) as follows be referred to the law firm Gibson, Linton,Toth, Campbell and Bennett along with a request to review the proposal and proceed with the transaction: 1. Part 2, being that part of the said road allowance north of the northerly edge of the Little Otter Creek to be conveyed to the owner of the parcel of land immediately east of the said road allowance, identified as Part 1, said parcel in the name of Paul Ens and Mary Lee Ens. 2. Part 3, being the remainder of the said road allowance to be conveyed to the owner of the parcel of land immediately west of the said road allowance, said parcel in the name of Mary Lee Ens; AND THAT subject to the advice of Ian Linton,the property be conveyed at a cost of$1.00, however, the applicant be required to pay all legal and administration costs associated with this transaction; AND THAT a By-law be presented to Council to rescind By-law 96-62 enacted and passed on September 19, 1996, being a by-law to authorize the Reeve and Clerk to execute a Quit Claim Deed for Lots 118 & 119, S.T.R.,including the unopened road allowance between Lots 118 & 119, immediately south of Talbot Road; AND THAT a further report be presented to Council addressing the issue of rezoning the undersized parcel located on Lot 119, STR." Disposition: Motion Carried Unanimously COUNCIL MINUTES 6 JANUARY 9, 1997 8. PROPERTY,BUILDING&PROTECTIVE SERVICES (continued) 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 9. FINANCE,ADMINISTRATION& PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Staff Report 96078 regarding the 1997 Municipal Support Grant Entitlement from the Ministry of Municipal Affairs and Housing. File: F11.2 97-8 Moved by J.Nezezon Seconded by W. Casier "THAT information Staff Report 96078 regarding the 1997 Municipal Support Grant be received and filed." Disposition: Motion Carried Unanimously (b) Information Staff Report 96077 providing an Assessment Analysis for 1997. File: F22.1 97-9 Moved by J.Nezezon Seconded by W. Cagier "THAT Information Staff Report 96077 providing the assessment analysis compiled for the Township in 1996 for taxation purposes in 1997 be received and filed." Disposition: Motion Carried Unanimously (c) Cheque Register for the period ending December 31, 1996 and Cash Requirements for the period ending December 31, 1996. 97-10 Moved by J.Nezezon Seconded by W. Casier "THAT the Cash Requirements Report for the period ending December 31, 1996 be approved for payment; AND THAT the Cheque Register for the period ending December 31, 1996 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES 7 JANUARY 9, 1997 9. FINANCE,ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (continued) (d) Staff Report 97003 regarding Kennel and Dog Licence Fees. File: P10.2 97-11 Moved by N.Nezezon Seconded by W. Casier "THAT the 1997 rates for dog licences remain at$15,00 per dog and kennel licences be increased to$50.00 with required proof of registration with the Canadian Kennel Association; AND THAT staff be directed to present to Council a By-law to amend By-law 94-8, being a By-law to regulate, restrict and prohibit the keeping and running at large of dogs in the Township accordingly; AND THAT effective January 1, 1997, all new kennel establishments be required to be situated in areas with an M2 Rural Industrial Zoning Designation." Disposition: Motion Carried Unanimously (e) Staff Report 97004 regarding the establishment of a Medical Clinic Recruiting Committee. File: SO 97-12 Moved by J.Nezezon Seconded by W. Casier "THAT the establishment of a Medical Clinic Recruiting Committee as set out in amended Staff Report 97004 dated January 3, 1997 be approved; AND THAT staff be directed to contact those representatives identified in the report in this regard and to report back to Council with a final recommendation concerning complement; AND THAT Bayham Township Council representatives shall be Councillors Jack Barclay and Wayne Cagier." Disposition: Motion Carried Unanimously (f) Staff Report regarding Committee Board Appointments for the year 1997. File: A3.2 97-13 Moved by J.Nezezon Seconded by W. Casier "THAT the following appointments to Boards and Committees listed below for 1997 for a term to expire December 31, 1997, or until their successors are appointed be hereby approved: Bavham Parks,Recreation &Community Centre Board Jack Barclay Wayne Casier Vane Chute Jackie DeClercq Ken Nesbitt Diana Norris Matt Schafer Max Stewart Cheryl Ward Bea Ketchabaw Roger DeClercq Trish Stutzman COUNCIL MINUTES 8 JANUARY 9, 1997 9. FINANCE,ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (continued) Elgin Farm Safety Council H.Mauthe AND THAT the resignations of Vicky Wiggans and Greg Volkaert from the Bayham Parks,Recreation &Community Centre Board be accepted with regret; AND THAT staff be directed to report back to Council on the process for appointing members to the various Cemetery Boards for the year 1997; AND THAT the said report address appointments to the Long Point Region Conservation Authority and Fence Viewers." Disposition: Motion Carried Unanimously (g) Township of Tiny correspondence seeking endorsement of a resolution regarding School Board Development Charges. File: C9.1 97-14 Moved by W. Casier Seconded by J.Barclay "THAT the correspondence from the Township of Tiny seeking endorsement of a resolution to request that the implementation of School Board Development Charges by School Boards be placed on hold until the Province has completed its review of funding for schools and education be received and filed." Disposition: Motion Carried Unanimously (h) Ministry of Municipal Affairs and Housing correspondence dated December 20,1996 providing the determination of the annual debt repayment limit for long term debt and financial obligations. File: F8.1 97-15 Moved by W. Casier Seconded by Barclay "THAT the correspondence from the Ministry of Municipal Affairs providing the determination of the annual debt repayment limit for long term debt and financial obligations be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items COUNCIL MINUTES 9 JANUARY 9, 1997 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) Councillor Nezezon expressed concern about the Christmas Holiday Garbage Schedule stating that he received numerous calls from ratepayers. He suggested that a letter be sent to Green Lane Environmental expressing the Township's disappointment and seeking assurance the practice of garbage collection ahead of the scheduled day is not repeated. The Administrator Treasurer advised that Green Lane was contacted well in advance with a request to undertake required advertising of scheduled changes,however, due to staffing problems,they were unable to comply. 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 12. BY-LAWS 97-01 A By-law to rescind By-law 96-62 which authorized the Township to issue a Quit Claim Deed for Lots 118 and 119, STR-Paul and Mary Lee Ens. 97-02 1997 Borrowing By-law 97-03 Confirming By-law 97-16 Moved by W. Casier Seconded by J. Barclay "THAT By-laws 97-01 and 97-02 be read a first and second time." Disposition: Motion Carried Unanimously COUNCIL MINUTES 10 JANUARY 9, 1997 12. BY-LAWS (continued) 97-17 Moved by W. Casier Seconded by J. Barclay "THAT By-laws 97-01 and 97-02 be read a third time and finally passed." Disposition: Motion Carried Unanimously 97-18 Moved by W. Casier Seconded by J. Barclay "THAT By-law 97-03 be read a first and second time." Disposition: Motion Carried Unanimously 97-19 Moved by J. Barclay Seconded by W. Casier "THAT By-law 97-03 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 97-20 Moved by W. Casier Seconded by J. Barclay "THAT the Council meeting be adjourned at 2:00 p.m." Disposition: Motion Carried Unanimously I EPUTY REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O.BOX 160 STRAFFORDVILLE, ONTARIO January 24, 1997 9:00 a.m. The regular meeting of Council of the Township of Bayham was held at 9:00 a.m. on Friday, January 24, 1997 in the Council Chambers. Present were,Reeve Vane Chute,Deputy Reeve Joe Volkaert Sr., Councillors John E. Barclay, Wayne Casier, John Nezezon, Administrator Treasurer Lynn S. Buchner and Clerk Maureen Beatty. 1. CALL TO ORDER Reeve Chute called the meeting to order at 9:00 a.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councillor W. Casier disclosed a pecuniary interest with regard to Item 11.1 (b), being a confidential property matter. He refrained from discussion and voting on the matter. 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES (a) 97-21 Moved by J.Nezezon Seconded by J. Barclay "THAT the Minutes of the Regular Council Meeting held January 9, 1997 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 9:30 a.m. -Mr. Bill Underhill representing the Straffordville Cemetery Board appeared and presented the Cemetery Board year end report. He stressed that the Board's financial position is excellent. He expressed concern about the security of these funds in the future, given the discussion within Elgin County about government restructuring. He enquired if Council would be in agreement with the Board using some of their savings to construct a storage building at the cemetery. Council expressed their approval. (b) 10:15 a.m. -Mr. John Gilvesv, Gentrac Services appeared on behalf of his clients- Paul and Mary Lee Ens to discuss Item 6.2 (b), being a written memo from Gary Blazak, Cumming Cockburn Limited explaining the rationale for requiring the applicant to rezone the undersized agricultural parcel of land located east of the closed road allowance situated between Lots 118 and 119, STR. Mr. Gilvesy stated that he was not in agreement with the rezoning on the basis that the conveyance of the road allowance will increase the size of the undersized lot. Further,he stressed that if the Township had completed the conveyance years ago when the road was in fact closed,this matter would not be before Council. See Item 6.2 (b) (c) 10:45 a.m. -Mr.Harry and Mrs. Grace Schipper appeared and indicated that as they currently farm the land owned by Mr.Neil Procunier, Pt. Lot 114, Concession 7,NTR. Further, they are planning to purchase the property and would prefer that dwelling be severed prior to the purchase of the land. They urged Council to consider their request. See Item 6.2 (a) COUNCIL MINUTES 12 JANUARY 24, 1997 4. DELEGATIONS (continued) (d) 10:55 a.m. -Mr. Jack Petrie representing his client,Mr. Neil Procunier appeared and asked Council's support for the severance of the existing Right of Way on Pt. Lot 114, Concession 7,NTR. He noted that the Right of Way has been surveyed,however, at present, with the Right of Way in its current location,part of it would have to be included with the severance of the existing dwelling in order for the new residential lot to comply with the zoning regulations for minimum frontage. Council suggested that Mr. Petrie,Mr. Procunier and Mr. and Mrs. Schipper consider relocating the Right of Way beyond the northerly boundary which would resolve this matter. File: T6.1 See Item 6.2 (a) (e) 11:10 a.m. -Mr. Jack Petrie, representing Mr.Paul and Jose DePlancke appeared and stated that he was in attendance to answer any questions regarding the official plan amendment application for an Estate Residential Lot on Lot 16, Concession 8. File: D8.1.17 See Item 6.2 (d) (f) 1:15 p.m. -Mr.J. Dennis appeared and asked for Council's views on the Elgin County Restructuring process. The Reeve explained the various options which were being considered and outlined the process which is being followed. Mr. Dennis commended Council for its efforts in putting forward a revised Option for consideration by the County. In addition to the above, Mr. Dennis offered his support for the Township's efforts to recruit a physician. He offered to serve as a citizen representative on the Committee which is in the process of being established. 5. INFORMATION ITEMS 97-22 Moved by J.Nezezon Seconded by W. Casier "THAT Information Items 5(a)-5(c) be received and filed." Disposition: Motion Carried Unanimously (a) Ontario Good Roads Association correspondence regarding the 1997 Annual Conference and Transportation Issues. (Received and Filed) File: A16.16 (b) Ontario Heritage Foundation correspondence regarding the Heritage Community Recognition Program. (Received and Filed) File: R1.1 (c) Ontario Clean Water Agency correspondence regarding legislation- "Municipal Water and Sewage Transfer Act, 1997"and its effect on the Township's arrangement with OCWA. (Received and Filed) File: A16.18 COUNCIL MINUTES 13 JANUARY 24, 1997 6. PLANNING,DEVELOPMENT &RECREATION 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS (a) Staff Report 97009 regarding the proposed severance of the existing Right of Way on Pt. Lot 114, Concession 7, by Neil Procunier and secondary request by Mr. and Mrs. Schipper for approval to sever the existing dwelling from the farm lot prior their purchase of the lands. File: D0.1 97-23 Moved by J. Barclay Seconded by J. Volkaert "THAT Mr. and Mrs. Harry Schipper be advised that subject to the Township being circulated with a formal severance application by the County of Elgin Land Division Committee for approval to sever the existing dwelling on Pt. Lot 114, Concession 7,NTR, currently owned by Neil Procunier,the Township's preliminary response would be to recommend approval, once the property is owned by Mr. and Mrs. Schipper, subject to any conditions which may be required upon further consideration." Disposition: Motion Carried Unanimously 97-24 Moved by J. Barclay Seconded by J. Volkaert "THAT Mr. Jack Petrie be advised that subject to the Township being circulated with a formal severance application by the County of Elgin Land Division Committee for approval to sever the existing Right of Way on Pt.Lot 114, Concession 7,NTR, currently owned by Mr.Neil Procunier, the Township's preliminary response would be to recommend approval, subject to any conditions which may be required upon further consideration." Disposition: Motion Carried Unanimously (b) Staff Report 97013 and associated correspondence from Cumming Cockburn Limited and Gibson, Linton, Toth Campbell,Barristers and Solicitors regarding the conveyance of the closed road allowance between Lots 118 and 119, STR and the rezoning of an undersized agricultural parcel. File: DO1 97-25 Moved by J.Nezezon Seconded by W. Casier "THAT the correspondence dated January 10, 1997 from Mr. Gary Blazak, Cumming Cockburn Limited and the correspondence dated January 20, 1997 from Mr. Ian Linton, Gibson,Linton, Toth, Campbell and Bennett concerning the conveyance of the closed road allowance between Lots 118 and 119, STR to Paul and Mary Lee Ens and the rezoning of the undersized agricultural parcel east of the road allowance in accordance with Council Resolution 97-7 dated January 9, 1997 be received; COUNCIL MINUTES 14 JANUARY 24, 1997 6. PLANNING,DEVELOPMENT & RECREATION (continued) 2. UNFINISHED BUSINESS (continued) Motion 97-25 (continued) AND THAT the applicant be advised that the conveyance of the subject road allowance will proceed contingent upon the rezoning of the undersized agricultural parcel east of the road allowance to a Special Agricultural Al Zoning Designation; AND THAT By-law 97-06, being a By-law to authorize the conveyance of the closed road allowance as set out above be presented to Council for enactment; AND THAT Gibson,Linton,Toth, Campbell and Bennett be requested to proceed with the transaction." Disposition: Motion Defeated 97-26 Moved by J. Volkaert Seconded by J. Barclay "THAT the correspondence dated January 10, 1997 from Mr. Gary Blazak, Cumming Cockburn Limited and the correspondence dated January 20, 1997 from Mr. Ian Linton, Gibson,Linton,Toth, Campbell and Bennett concerning the conveyance of the closed road allowance between Lots 118 and 119, STR to Paul and Mary Lee Ens be received; AND THAT By-law 97-06, being a By-law to authorize the conveyance of the closed road allowance as set out above be presented to Council for enactment; AND THAT Gibson, Linton, Toth, Campbell and Bennett be requested to proceed with the transaction." Disposition: Motion Carried (c) Verbal Update on Gilles Menard Severance Application. File: D9.2.95 The Clerk advised an "on site"meeting was held between Mr. Menard,Elgin St. Thomas Health Unit staff and Reeve Chute on January 22, 1997. The result of the meeting was that the Health Unit would be amenable to allowing the severance, providing the applicant can provide data that there are existing lots of similar size in the area, submission of a site plan showing sufficient land on the subject lot to accommodate a 100% contingency area for a field bed and a legal description showing the severed lot is an existing lot. She noted the application would be considered by the Land Division Committee on Monday, January 27, 1997. (d) Staff Report 97014 regarding a proposed official plan amendment by Paul DePlancke for an Estate Residential Lot,Lot 16, Concession 8. File: D8.1.17 The Clerk read aloud comment letters received from the Ministry of Agriculture and Food stating the subject site is primarily forested with a small area that has been cleared and it appears the property has very limited potential agricultural use. The Elgin St. Thomas Health unit commented that since the property contains 1.837 hectares of land, there is no objection to the proposal, however an application for certificate of approval for private sewage system is required as well as soil and percolation tests conducted. The Long Point Region Conservation Authority stated no objection. COUNCIL MINUTES 15 JANUARY 24, 1997 6. PLANNING,DEVELOPMENT & RECREATION (continued) 2. UNFINISHED BUSINESS (continued) 97-27 Moved by J. Volkaert Seconded by W. Casier "THAT the application by Paul and Jose DePlancke for an amendment to the Official Plan for an Estate Residential Lot on Lot 16, Concession 8 be accepted and referred to Cumming Cockburn Limited for preparation of an amendment to the Official Plan; AND THAT the official plan amendment be considered by Council at which time any required conditions will be considered and imposed, including but not limited to the conveyance of Part 3 on Plan 11R-6156 to the Township of Bayham". Disposition: Motion Carried Unanimously 3. OTHER BUSINESS (a) The Clerk advised Council that she had been working with Mr.Elwood Morrison on a proposed severance application involving a minor boundary adjustment of a lot(Pt. Lots 5 and 6, Concessions 3 and 4. The application would consist of severing off a 3.46 acre parcel from Roll No. 008-133 owned by Elwood and Marion Morrison, leaving a 50 acre parcel and adding it to Roll No. 008-133-20, owned by Elwood Morrison. The purpose of the application is to protect an existing woodlot. The applicant intends to construct a residential dwelling on the severed lot adjacent to the woodlot. Council indicated they would be in agreement with the proposal providing the applicant supplied a survey of the retained parcel to ensure the lot size is not less than 50 acres. (b) John Gilvesy, representing Tillsonburg Rotary Club requested Council's approval for a 30 km "Walk-a-thon"to be held May 31, 1997. The walk would commence in Norfolk Township, enter into Bayham Township to the Servant Retreat and Training Centre and would proceed back to and end up in Norfolk Township. Further,he explained the organization had obtained the appropriate insurance coverage and would provide a detailed map of the route for Council at a later date. He also explained that the event would be administered by the Tillsonburg Rotary Club with all proceeds benefiting local youth leadership and other youth related programs. Council expressed approval pending proof of insurance coverage and a map of the chosen route to ensure police protection would be available. 4. PUBLIC MEETINGS None COUNCIL MINUTES 16 JANUARY 24, 1997 7. ROADS,AGRICULTURE & DRAINAGE 1. CORRESPONDENCE& REPORTS (a) Information Staff Report 97015 regarding an enquiry from a real estate agent for access to a lot on Plank Street(now Richmond Road). File: T5.1 97-28 Moved by J.Volkaert Seconded by W. Casier "THAT the enquiry by Shirley Propper,Sales Representative,Universal Corporation of Canada (Realty)Limited about the possibility of the Township approving the construction of Plank Street(now Richmond Road)sufficient to permit access to the lot described as S.Pt.Lt. 112,Concession 7,NTR(Roll No.007-08600),currently in the name of"Estate of Hettie Smuck"be received; AND THAT Ms.Propper be advised that Council will investigate the matter further." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 8. PROPERTY,BUILDING&PROTECTIVE SERVICES 1. CORRESPONDENCE& REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) Councillor Casier announced that the Community Policing Committee were planning to hold a Safety Seminar on February 5, 1997. At 12:30 p.m., Council Adjourned for lunch and returned at 1:30 p.m. COUNCIL MINUTES 17 JANUARY 24, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Staff Report 97011 regarding the Interim Tax levy By-law. 97-29 Moved by J.Volkaert Seconded by J. Barclay "THAT By-law 97-05,being a By-law to provide for an interim levy prior to the adoption of the estimates for the year 1997 be presented to Council for enactment." Disposition: Motion Carried Unanimously (b) Ministry of Municipal Affairs and Housing correspondence regarding the Provincial"Mega Week"Announcements. File: L10 97-30 Moved by J.Nezezon Seconded by J.Barclay "THAT the correspondence from the Ministry of Municipal Affairs and Housing regarding the Provincial"Mega Week" announcements be received and filed." Disposition: Motion Carried Unanimously (c) Cheque Register for the period ending January 10, 1997 and Cash Requirements for the period ending January 31, 1997. 97-31 Moved by W. Casier Seconded by J. Barclay "THAT the Cash Requirements Report for the period ending January 31, 1997 be approved for payment; AND THAT the Cheque Register for the period ending January 10, 1997 be approved." Disposition: Motion Carried Unanimously (d) Staff Report 97012 providing the 1996 Council Remuneration and Expense Report. File: F9.3 97-32 Moved by J. Barclay Seconded by J.Nezezon "THAT Information Staff Report 97012 providing the Council Remuneration and Expenses for 1996 be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 18 JANUARY 24, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (continued) (e) Town of Tecumseh correspondence seeking comments about its intention not to renew the 1997 AMO Membership. File: C9.1 97-33 Moved by W. Casier Seconded by J.Nezezon "THAT the correspondence from the Town of Tecumseh regarding their intention not to renew their Membership with the Association of Municipalities of Ontario be received and filed." Disposition: Motion Carried Unanimously (f) The Administrator Treasurer read aloud a letter from the Superintendent of the Port Burwell Provincial Park asking for an extension concerning their request for water hook up pending the outcome of the Elgin County Re-Engineering Study. 97-34 Moved by J. Barclay Seconded by J.Volkaert "THAT a letter be forwarded to Mr. Henry Valks, Superintendent,Port Burwell Provincial Park to advise that the township of Bayham is in agreement with extending their request for water hook up,pending the outcome of the Elgin County Re-Engineering Study." Disposition: Motion Carried Unanimously (g) Response to the County of Elgin regarding the Township's "Preferred Re-Engineering Option". 97-35 Moved by J. Barclay Seconded by W. Casier "THAT the Reeve and Deputy Reeve be authorized to reiterate to County Council at its meeting to be held on January 28, 1997,that Option 3A identified in the Elgin County Re-Engineering Study is the preferred option of the Township of Bayham; AND THAT the Administrator be directed to prepare a "brief' outlining Council's position in support of Option 3A to be presented to County Council; AND THAT a copy of this resolution be forwarded by fax January 24, 1997 to all Elgin County municipalities, the City of St. Thomas and the County of Elgin." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items COUNCIL MINUTES 19 JANUARY 24, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) 3. OTHER BUSINESS (a) The Administrator Treasurer provided Council with an update on the Committee to Establish a Medical Clinic. She reported that Dr. Leatherdale is agreeable to serving on the committee as it will enable him to ease into retirement in the future. she spoke with Mr. David Salter from the Ministry of Health who explained that an"Underserviced Area"is a pointless application at this time because the Township have made no previous attempts to recruit a physician,therefore the application will be withdrawn. Over the next year,if the Township is unsuccessful in recruiting a physician, an application can be made which will provide prospective physicians with incentives to visit the area. With regard to Committee membership, she has written to Dr. Wayne Everett,the Elgin County Medical Officer of Health, and the Thames Valley District Health Council to invite a representative to serve on the committee. Additionally,the following citizens with a medical background have expressed an interest in serving: Shirley Biro(nursing), Annette Mitchell(V.O.N.)and Marion Nabb (nurse at Tillsonburg Hospital). When a response has been received from the Medical Officer of Health and the Thames Valley District Health Council, a date will be set for the first meeting. 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Staff Report 97010 providing the 1996 Transfer Station Analysis. File: E7.4 97-36 Moved by J. Volkaert Seconded by W. Casier "THAT payments of$70.21 and$1,231.54 be made to the Villages of Port Burwell and Vienna respectively as reimbursement for their transfer station revenue allocation for 1996." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 11. COMMITTEE OF THE WHOLE 97-37 Moved by W. Casier Seconded by J. Barclay "THAT Council do now rise to enter into an"In Camera" Session of Committee of the Whole to discuss several property matters." Disposition: Motion Carried Unanimously COUNCIL MINUTES 20 JANUARY 24, 1997 11. COMMITTEE OF THE WHOLE (continued) I. CORRESPONDENCE&REPORTS (continued) 97-38 Moved by J.Nezezon Seconded by W. Casier "THAT the Committee of the Whole do now rise from the "In Camera" Session. Disposition: Motion Carried Unanimously 1. CORRESPONDENCE&REPORTS (a) Confidential Staff Report 97008 regarding a property matter. 97-39 Moved by J.Nezezon Seconded by W. Casier "THAT staff be directed to forward a letter on behalf of Council to the Ministry of Natural Resources Provincial Parks and Natural Heritage Policy Branch identifying Council's interest in being a party to any upcoming changes in operations or ownership of the Port Burwell Provincial Park." Disposition: Motion Carried Unanimously (b) Confidential correspondence regarding a property matter. 97-40 Moved by J. Barclay Seconded by J.Nezezon "THAT in response to the request dated January 8, 1997 from the Town of Tillsonburg, the following members of the Council of the Corporation of the Township of Bayham be appointed to attend a future meeting of the Otter Valley Utility Corridor and Trail Committee: Reeve Vane Chute Deputy Reeve Joe Volkaert Councilor John Nezezon" Disposition: Motion Carried (c) Confidential correspondence regarding a property matter. 97-41 Moved by W. Casier Seconded by J.Nezezon "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items COUNCIL MINUTES 21 JANUARY 24, 1997 11. COMMITTEE OF THE WHOLE (continued) 3. OTHER BUSINESS No Items 12. BY-LAWS 97-04 A By-law to amend By-law 94-08,to regulate,restrict and prohibit the keeping and running at large of dogs. (Deferred pending further consideration) 97-05 A By-law to provide for an Interim Levy. 97-06 A By-law to authorize the conveyance of a closed road allowance between Lots 118 and 119, STR. 97-07 Confirming By-law. 97-42 Moved by J. Volkaert Seconded by W. Casier "THAT By-laws 97-05 and 97-06 be read a first and second time." Disposition; Motion Carried Unanimously 97-43 Moved by W. Casier Seconded by J. Volkaert "THAT By-laws 97-05 and 97-06 be read a third time and finally passed." Disposition: Motion Carried Unanimously 97-44 Moved by J.Nezezon Seconded by J. Barclay "THAT By-law 97-07 be read a first and second time." Disposition: Motion Carried Unanimously 97-45 Moved by J. Barclay Seconded by J.Nezezon "THAT By-law 97-07 be read a third time and finally passed." Disposition:, Motion Carried Unanimously COUNCIL MINUTES 22 JANUARY 24, 1997 13. ADJOURNMENT 97-46 Moved by J. Barclay Seconded by J.Nezezon "THAT the Council meeting be adjourned at 3:30 p.m." Disposition: Motion Carried Unanimously 44i6t4W-4eLl— REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO February 6, 1997 9:00 a.m. The regular meeting of Council of the Township of Bayham was held at 9:00 a.m. on Thursday, February 6, 1997 in the Council Chambers. Present were, Reeve Vane Chute,Deputy Reeve Joe Volkaert Sr., Councillors John E. Barclay, Wayne Casier, John Nezezon , Administrator Treasurer Lynn S.Buchner, Chief Building Official Dwayne Daniel and Clerk Maureen Beatty. 1. CALL TO ORDER Reeve Chute called the meeting to order at 9:00 a.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No member of Council disclosed a pecuniary interest and the general nature thereof. 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES (a) 97-47 Moved by J.Nezezon Seconded by J. Barclay "THAT the Minutes of the Regular Council Meeting held January 24, 1997 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 9:30 a.m. -Jean Monteith and Todd Brown,Monteith &Associates Limited appeared and presented a proposal to provide planning advisory services. Mrs.Monteith explained the types of service her company routinely provides to clients and noted that many of their clients are municipalities. Further, she reviewed their expertise, reputation and general planning philosophies. (b) 10:45 a.m.-Fred Hermann appeared and answered questions about two severance applications made to the County of Elgin Land Division Committee, one being on Pt. Lots 134 and 135, Concession 7,NTR and Pt. Lot 27,North Gore where he proposes to sever the existing residential dwelling and garage as a surplus farm dwelling. The second application is a "re-application" for the severance of a residential dwelling and accessory buildings on Pt. Lot 135, Concession 7,NTR. He stated that the application was being re-circulated because when the subject property was surveyed,the lot size was considerably larger than the approved size. - See Item 6.1 (a) (c) 11:00 a.m. -Elwood Morrison appeared and presented an amended proposal to adjust the boundary line on Pt. Lots 5 and 6, Concessions 3 and 4. In summary, he proposed to sever 9.32 acres from a 59.32 acre parcel(Roll No. 008-133-20) and add it to the 53.46 acre parcel to the north(Roll No. 008-133). He indicated his goal was to build a residence on the enlarged lot which will complement the existing paddock for his horses. Further,he wished to preserve the existing woodlot at the north end of Lot 6. See Item 6.2 (c) COUNCIL MINUTES 24 FEBRUARY 6, 1997 4. DELEGATIONS (continued) (d) 11:15 a.m. -Lana Verstraeten appeared and asked Council for an explanation about the various options which were being pursued with regard to restructuring. Specifically, she suggested that all options should be considered,particularly relating to joint provision of services with Tillsonburg. Additionally, she expressed disappointment that public meetings had not been held for Bayham Township residents to voice their opinions and concerns prior to Bayham's Option 3A and amended Option 3A being presented to Elgin County Council. Reeve Chute explained in detail the process which has been followed to date and assured the delegation that a public meeting would be held in February to receive public comments. Further, he stressed that opportunities would be available in the future for discussions about shared servicing with other municipalities. (e) 11:30 a.m. - Gundy Goutouski appeared and explained that the County of Elgin Land Division Committee has refused to sign the deeds for the recently approved severance of a 5.9 acre parcel from Lot 6, Part Lots 7, 8, 9 and A, Registered Plan 54, as it has been determined by survey that the lot is larger than shown on the initial application. She stated that she must re-apply and asked for assurance from Council that Bayham Township Council would recommend approval. See Item 6.1 (b) At 12:05 p.m., Council Adjourned for lunch and returned at 1:15 p.m. (f) 1:15 p.m. - Chief Building Official Dwayne Daniel appeared and provided comments on Items 8.1 (a) and 8.1 (b). He also advised that the Elgin/St. Thomas health Unit would be imposing service fees to property owners effective March 1, 1997. (g) 1:50 p.m. - John Spriet, Spriet and Associates appeared and sought Council's comments on a draft configuration for the Baldwin/Gilvesy proposed drain project. The draft plan included drainage to service future lots on Baldwin's property and the recently approved lots on Gilvesy's property. Further,he recommended each Gilvesy lot should require a catch basin and culvert in order to provide sufficient drainage for the road which will later be conveyed to the Township. Council asked Mr. Spriet to look at other alternatives which would eliminate the need for two road crossings. 5. INFORMATION ITEMS 97-48 Moved by J.Barclay Seconded by J.Nezezon "THAT Information Items 5(a)-5(g) be received and filed." Disposition: Motion Carried Unanimously (a) The Mariport Group Ltd. correspondence regarding the ms "Columbus" Great Lakes Cruising. (Received and Filed) File: D6.1 (b) County of Elgin Notice of Special Council Meeting to be held February 7, 1997 at 1:00 p.m. to discuss Re-Engineering. (Received and Filed) File: D17 COUNCIL MINUTES 25 FEBRUARY 6, 1997 5. INFORMATION ITEMS (continued) (c) 1997 Ontario Family Fishing Weekend Steering Committee correspondence. (Received and Filed) File: D6.1 (d) Straffordville Cemetery Board Minutes of January 16, 1997 Meeting. (Received and Filed) File: S4.14 (e) Township of Malahide Notice of Passing of Zoning By-law and Official Plan Amendment. (Received and Filed) File: C9.1 (f) Recycling Council of Ontario 1996 Ontario Waste Minimization Awards. (Received and Filed) File: E7.1 (g) Ontario Clean Water Agency correspondence from Jeff Marshall announcing he has resigned as CEO. (Received and Filed) File: A16.18 6. PLANNING, DEVELOPMENT &RECREATION 1. CORRESPONDENCE& REPORTS (a) Rezoning Application and proposed severance by Fred and Susan Hermann regarding Pt. Lot 27, 134 and 135, Concession 7,North Gore-Application E-12/97. Files: D9.2.99 and D13.1.60 97-49 Moved by J. Volkaert Seconded by J. Barclay "THAT consideration of Item 6.1 (a), being an application by Susan and Fred Hermann to sever a surplus farm dwelling on Part Lots 27, 134 and 135, Concession 7, North Gore and associated rezoning application be deferred to a future Council Meeting to be held prior to February 20, 1997." Disposition: Motion Carried Unanimously (b) Update on approved Severance application by Gundy Goutouski and requirement by the County of Elgin Land Division for Re-application. File: D9.2.75 97-50 Moved by J. Volkaert Seconded by J. Barclay "THAT Gundy Goutouski be advised that subject to receiving an official severance application from the County of Elgin Land Division Committee to sever 5.9 acres from Lot 6,Part Lots 7, 8,9 and A,Registered Plan 54,the Township would be prepared to recommend approval." Disposition Motion Carried Unanimously COUNCIL MINUTES 26 FEBRUARY 6, 1997 6. PLANNING,DEVELOPMENT &RECREATION (continued) 2. UNFINISHED BUSINESS (a) Update on Severance Application by Gilles Menard and status of Rezoning By-law. File: D9.2.95 The Clerk advised that the Land Division Committee reconsidered the severance application and have imposed a requirement for an additional 30 m depth. Therefore it will be necessary to repeal By-law Z371-96 and to amend Zoning By-law 2387 accordingly. Council directed that the amending by-law be prepared in house with no additional cost to the applicant. (b) Staff Report 97021 regarding 9-1-1 Municipal Addressing property sign installation. File: D18.1 97-51 Moved by J.Volkaert Seconded by W. Casier "THAT consideration of item 6.2 (b) being a report regarding 9-1-1 Municipal Addressing Sign Installation be deferred to a future Council Meeting. Disposition: Motion Carried Unanimously (c) Revised Proposal by Elwood Morrison to sever land on Pt. Lots 5 and 6, Concessions 3 and 4. File: D01 97-52 Moved by W. Casier Seconded by J. Barclay "THAT Elwood Morrison be advised that subject to the Township being circulated with a formal severance application by the County of Elgin Land Division Committee for approval for a boundary adjustment to sever a 9.32 acre parcel from Pt. Lot 6, Concessions 3 and 4 and adjoin it with the lot adjacent,the Township's preliminary response would be to recommend approval, subject to any conditions which may be required upon further consideration." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS (a) Severance Application No. E 11/97 by Fred and Susan Hermann for Part Lot 135, Concession 7,North of Talbot Road. (Being a re-submission of a previously approved application E 20/96). 97-53 Moved by J. Volkaert Seconded by J. Barclay "THAT the County of Elgin Land Division Committee be advised that the Township of Bayham recommends approval of Severance Application E 11/97 by Fred and Susan Hermann for Part Lot 135, Concession 7,North of Talbot Road; AND THAT the$500.00 cash in lieu of Park Dedication paid to the Township under application E 20/96 shall be applied to Application E 11/97." Disposition: Motion Carried Unanimously COUNCIL MINUTES 27 FEBRUARY 6, 1997 6. PLANNING, DEVELOPMENT &RECREATION (continued) 4. PUBLIC MEETINGS None 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE& REPORTS (a) Staff Report 97019 regarding a Road Boundary Agreement with the Town of Tillsonburg. File: L4.7 97-54 Moved by J.Nezezon Seconded by W. Casier "THAT the Draft Agreement appended to Staff Report 97019 between the Township of Bayham and the Town of Tillsonburg for highway maintenance activities on Bayham Drive from Pressey Road south to Otter Creek be accepted as presented and forwarded to the Town of Tillsonburg for consideration; AND THAT the negotiations with the Township of Malahide be deferred until restructuring issues are resolved by Elgin County." Disposition: Motion Carried Unanimously (b) Tillsonburg Rotary Club request for permission to conduct a"Walk-a-thon" on May 31,1997. 97-55 Moved by W. Casier Seconded by J.Nezezon "THAT the Rotary Club of Tillsonburg be advised that the Township of Bayham is in agreement with its proposed "Walk a-thon" an May 31, 1997 in accordance with the established route provided; AND THAT the Rotary Club shall provide in writing, assurances that the Ontario Provincial Police, County of Elgin and Ministry of Transportation have been contacted and will provide any services necessary; AND FURTHER THAT no roadways will be closed for this purpose." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Request by Shirley Propper, Sales Representative, Universal Corporate of Canada for access to S. Pt. Lt. 112, Concession 7,NTR from Richmond Road(formerly Plank Street). File: T5.1 This item was deferred pending receipt of a detailed formal request. COUNCIL MINUTES 28 FEBRUARY 6, 1997 7. ROADS,AGRICULTURE &DRAINAGE (continued) 3. OTHER BUSINESS (a) Councillors Casier and Nezezon reported that they had received positive comments from a ratepayer bout winter road maintenance. 8. PROPERTY,BUILDING & PROTECTIVE SERVICES I. CORRESPONDENCE&REPORTS (a) Staff Report 97018 providing an inspection report of Township owned facilities. File: P5.1 97-56 Moved by W. Casier Seconded by J.Nezezon "THAT Staff Report 97018, being an inspection report of Township owned facilities be accepted; AND THAT staff be directed to ensure all deficiencies are met for all Township owned facilities with the exception of the Park and Community Centre; AND THAT the Park and Recreation Community Centre Board be provided with a copy of the report on the Straffordville Park and Bayham Community Centre; AND THAT the Parks,Recreation & Community Centre Board provide a copy of the report documenting the dates of compliance of all deficiencies to the satisfaction of the Township Chief Building Official; AND THAT the Library Manager be provided with a copy of the report." Disposition: Motion Carried Unanimously (b) Staff Report providing a list of building permits issued for the month of January, 1997 File: P8.1 97-57 Moved by W. Casier Seconded by J.Nezezon "THAT the Building Permits for the month of January, 1997 be approved." Disposition: Motion Carried Unanimously (c) Ontario Provincial Police correspondence from Detachment Commander J. D. Stephens regarding proposed changes to the Police Services Act. File: P11.1 97-58 Moved by J.Nezezon Seconded by W. Casier "THAT the correspondence dated January 17, 1997 from Ontario Provincial Police Detachment Commander J. D. Stephens regarding proposed changes to the Police Services Act be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 29 FEBRUARY 6, 1997 8. PROPERTY,BUILDING &PROTECTIVE SERVICES (continued) (d) Proposed"Mutual Agreement" between the Township and the Ontario Provincial Police with regard to the "Community Policing Program" for the period January 1 -December 31, 1997. File: P11.1 97-59 Moved by W. Casier Seconded by J. Nezezon "THAT a by-law be presented to Council for enactment to authorize the execution of a Mutual Agreement between the Township of Bayham and the Ontario Provincial Police of Elgin County, St. Thomas Detachment for the provision of Community Policing for the period January 1 -December 31, 1997." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 9. FINANCE,ADNIINISTRATION & PERSONNEL 1. CORRESPONDENCE& REPORTS (a) Staff Report 97017 regarding finalization of the Union Gas Franchise Agreement. File: L4.2 97-60 Moved by J.Nezezon Seconded by W. Casier "THAT the Ontario Energy Board's Order dated January 17, 1997 granting Union Gas Limited the right to construct and operate works for the distribution of gas and to supply gas to the inhabitants of the Township of Bayham in accordance with the Municipal Franchises Act,RS.O. 1990, C.M.55 be accepted; AND THAT By-law 95-58 be presented to Council for third and final reading; AND THAT all documentation be executed and forwarded to Union Gas Limited for execution." Disposition: Motion Carried Unanimously COUNCIL MINUTES 30 FEBRUARY 6, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) 1. CORRESPONDENCE& REPORTS (continued) (b) Staff Report 97020 recommending approval of the Bayham Volunteer Fire Department Lottery Licence. File: P7.2.1 97-61 Moved by W. Casier Seconded J.Nezezon "THAT Staff Report 97020 from the Administrator Treasurer regarding the Bayham Volunteer Fire Department Lottery Licence request be approved; AND THAT the Council of the Township of Bayham authorizes the Bayham Volunteer Fire Department to conduct a Raffle Lottery to be held March 8, 1997 at Bayham Fire Hall in the Hamlet of Straffordville under the terms and conditions as provided by the Ministry of Consumer and Commercial Relations,Entertainment Standards Branch." Disposition: Motion Carried Unanimously (c) Pre-Audit Financial Report for the year ended December 31, 1996. File: F10.3 97-62 Moved by J.Nezezon Seconded by W. Casier "THAT consideration of the Pre-Audit Financial Report for the year ended December 31, 1996 be deferred until the next regular meeting of Council." Disposition: Motion Carried Unanimously (d) Association of Municipalities of Ontario"Municipal Alert"regarding"Who Does What" Announcements. File: A1.2 97-63 Moved by W. Casier Seconded by J.Nezezon "THAT the Association of Municipalities of Ontario "Municipal Alert" publication dated January 31, 1997 be received and filed." Disposition: Motion Carried Unanimously (e) Cheque Register for the period ending Janw'ry 31, 1997 and Cash Requirements for the period ending February 20, 1997. File: F10.3 97-64 Moved by W. Casier Seconded by J.Barclay "THAT the Cash Requirements for the period ending February 20, 1997 be approved for payment; AND THAT the Cheque Register for the period ending January 31, 1997 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES 31 FEBRUARY 6, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (continued) (f) Township of Keppel correspondence seeking endorsement of a resolution regarding recent changes to the education system. File: C9.1 97-65 Moved by W. Casier Seconded by J. Barclay "THAT the correspondence from the Township of Keppel seeking endorsement of a resolution regarding recent changes to the education system be received and filed." Disposition: Motion Carried Unanimously (g) Quotation by R&R Refrigeration for the supply and installation of a new roof mounted exhaust fan at the Bayham Community Centre. File: A20.2.3 97-66 Moved by W. Casier Seconded by J. Barclay "THAT the quotation from R&R Refrigeration for the supply and installa- tion of a new roof mounted exhaust fan at the Bayham Community Centre at a cost of$3,177.61,not including taxes,be accepted; AND THAT staff make the necessary arrangements for commencement of the work." Disposition: Motion Carried 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) Council discussed at length its position with regard to the various options being considered by the County of Elgin concerning the re-engineering study. A draft recommendation was introduced by the Reeve for discussion purposes which resulted in the following motions being passed: 97-67 (a) Moved by J.Nezezon Seconded by W. Casier "THAT the attached Resolution of the Council of the Corporation of the Township of Bayham,having been endorsed by Council at its meeting held February 6, 1997 be presented to the Council of Elgin County at its meeting to be held February 7, 1997; AND THAT a copy of this resolution be faxed to all Elgin County municipalities on February 6, 1997." Disposition: Motion Carried Unanimously COUNCIL MINUTES 32 FEBRUARY 6, 1997 9. FINANCE,ADMINISTRATION & PERSONNEL (continued) 3. OTHER BUSINESS (continued) 97-67 (b) Moved by J.Nezezon Seconded by W. Casier `WHEREAS the Council of the County of Elgin has reviewed the Re Engineering Study-Interim and Financial Reports prepared by Richard J. Chowen, Consultant/Author, which attempts to strengthen local units and limit functions carried out on a global basis; THEREFORE BE IT RESOLVED THAT the Council of the County of Elgin propose to the residents for their comment, Option #3A, as amended, as the preferred option to restructuring the County of Elgin; AND FURTHER THAT the Council of the City of St. Thomas be given the option of joining the County structure or remain as a separated City; AND FURTHER THAT if the Council of the City of St. Thomas feels it most beneficial to remain independent, that the administration of specific services may still be negotiated between the City and the County for potential cost savings and efficiencies; THEREFORE BE IT RESOLVED THAT the attached County Restructuring Alternative known as Option #3A be approved in principle as a basis for discussion with the following amendments and clarifications: 1) That the responsibility for Land Use Planning become an upper-tier function and the County Land Division Committee be maintained-this matter will be studied further by the Implementation Committee, with a view to developing a County Official Plan which recognizes the subtle but important land uses throughout the lower-tier; and offers services to those local municipalities that wish to utilize it; 2) That responsibility for legal matters remain vested with all municipalities according to the current practice; 3) That the operation and maintenance of County Roads be delegated to lower-tier municipalities with the County setting the standards and bearing the cost of said roads through the County levy; 4) That Public Utility Commissions be the responsibility of lower-tier municipalities. The most efficient form of service delivery to be determined at the conclusion of the ongoing PUC study currently in progress; 5) That responsibility for Conservation Authorities remain with the lower-tier. County involvement could be initiated at the request of the Conservation Authorities themselves; 6) Engineering services will become an upper-tier function. The matter of the County becoming involved in Engineering services should be studied by the Implementation Committee for any variations; 7) Libraries shall remain a County responsibility; 8) Recreation shall remain a lower-tier function. The County's presence in tourism, strategic planning and promotion should be referred to the Implementation Committee; AND THAT C.N. Watson and Associates be requested to determine the financial impact of said amendments to Option #3A for consideration by County Council on February 14th, 1997; COUNCIL MINUTES 33 FEBRUARY 6, 1997 9. FINANCE,ADMINISTRATION & PERSONNEL (continued) 3. OTHER BUSINESS (continued) Motion No. 97-67(b) (continued) AND THAT Mr. R. Chowen be retained to prepare a draft municipal restructuring proposal for consideration by County Council on February 14th, based on Option #3A, as amended, with said proposal addressing matters such as: A) Representation B) Local Boards C) Municipal Services D) Financial Issues E) Municipal By-laws F) Interim Council G) Transitional Issues and Costs AND THAT the County Administrator/Clerk be authorized and directed to schedule three public meetings, one in East, Central and West Elgin to be held the week of February 17th, 1997; AND THAT the following members of Elgin County Council be appointed to a new committee to be known as "The Interim Committee on Restructuring", with the primary purpose of attending the Public meetings and obtaining input from the public: Warden Mezenberg AND THAT Mr. R Chowen be retained to facilitate the public meetings and to present Option #3A in conjunction with the Interim Committee on Restructuring; AND THAT all local municipalities be requested to vote on the restructuring proposal and notify the County by resolution, if Option 3A is an acceptable restructuring solution prior to February 26th, 1997. Disposition: Motion Carried Unanimously (b) Administrator-Treasurer Lynn S. Buchner announced that the first meeting of the Committee to Establish a Medical Clinic is scheduled for March 3,1997 at 7:30 p.m. She noted that Mary Metcalfe, would be representing the Medical Officer of health and Paul Huras of the Thames Valley District Health Council will attend the first meeting. Other members who will be part of the committee include Dr. L. Leatherdale, Shirley Biro, Industrial R.N., Annette Mitchell, V.O.N.,Marion Knabb, R.N., Reeve Chute and Councillors Casier and Barclay. 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Long Point Region Conservation Authority correspondence advising of the election of a Chairman and Vice Chairman for 1997 and an invitation to their annual meeting. File: A16.6 COUNCIL MINUTES 34 FEBRUARY 6, 1997 10. ENVIRONMENT (continued) I. CORRESPONDENCE& REPORTS (continued) 97-68 Moved by J. Barclay Seconded by W. Casier "THAT the correspondence dated January 28, 1997 from the Long Point Region Conservation Authority be received; AND THAT the Authority be advised that Deputy Reeve Joe Volkaert will be attending the Annual meeting on February 28, 1997 as a representative of Bayham Township Council." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 11. COMMITTEE OF THE WHOLE 97-69 Moved by W. Casier Seconded by J. Barclay "THAT Council do now rise to enter into an "In Camera" Session of Committee of the Whole to discuss a personnel matter." Disposition: Motion Carried Unanimously 97-70 Moved by J. Barclay Seconded by W. Casier "THAT the Committee of the Whole do now rise from the"In Camera" Session and submits its report for adoption." Disposition: Motion Carried Unanimously (a) Confidential Staff Report 97016 regarding a personnel matter. 97-71 Moved by W. Casier Seconded by J. Barclay "THAT Confidential Staff Report 97016 be accepted; AND THAT the term of employment of the temporary Administrative Assistant be extended to May 5, 1997 at the rate equivalent to the full time permanent position." Disposition: Motion Carried Unanimously COUNCIL MINUTES 35 FEBRUARY 6, 1997 11. COMMITTEE OF THE WHOLE (continued) 2. UNFINISHED BUSINESS (a) Correspondence from Ian Linton, Gibson, Linton, Toth, Campbell and Bennett, Banisters and Solicitors regarding the conveyance of a closed road allowance between Lots 118 and 119, STR. File: T9.17 97-72 Moved by J. Volkaert Seconded by J. Barclay "THAT the correspondence dated February 4, 1997 from Gibson,Linton, Toth, Campbell &Bennett recommending that Council impose a condition with regard to the conveyance of the closed road allowance between Lots 118 and 119, Concession STR be accepted; AND THAT a by-law be presented to Council for enactment to amend By-law No. 97-06 to require the owner to remove the existing garage which encroaches partially upon the closed road allowance as shown on Reference Plan 11R-6452." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS No Items 12. BY-LAWS 95-58 A By-law to authorize a Franchise Agreement between the Township and Union Gas(Third Reading Only). 97-08 A By-law to authorize the execution of an agreement between the Township and the Ontario Provincial Police for Community Policing. 97-09 Confirming By-law. 97-10 A By-law to amend By-law 97-06,with respect to the conveyance of a closed road allowance between Lots 118 and 119, STR. 97-73 Moved by J. Barclay Seconded by W. Casier "THAT By-Iaws 97-08 and 97-10 be read a first and second time." Disposition: Motion Carried Unanimously 97-74 Moved by J. Barclay Seconded by W. Casier "THAT By-laws 95-58,97-08 and 97-10 be read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 36 FEBRUARY 6, 1997 12. BY-LAWS (continued) 97-75 Moved by W. Casier Seconded by J. Barclay "THAT By-law 97-09 be read a first and second time." Disposition: Motion Carried Unanimously 97-76 Moved by W. Casier Seconded by J. Barclay "THAT By-law 97-09 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 97-77 Moved by J. Barclay Seconded by W. Casier "THAT the Council meeting be adjourned at 4:10 p.m." Disposition: Motion Carried Unanimously REEVE CLERK SPECIAL COUNCIL MEETING MINUTES THE CORPORATION OF TIIE TOWNSHIP OF BAYBAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO February 12, 1997 1:30 p.m. The special meeting of Council of the Township of Bayham was held at 1:30 p.m. on Wednesday,February 12, 1997 in the Council Chambers. Present were, Reeve Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors John E. Barclay, Wayne Casier and John Nezezon, and Administrator Treasurer Lynn S. Buchner. 1. CALL TO ORDER Reeve Chute called the meeting to order at 1:30 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No member of Council disclosed a pecuniary interest and the general nature thereof 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES None 4. DELEGATIONS None 5. INFORMATION ITEMS No Items 6. PLANNING,DEVELOPMENT &RECREATION 1. CORRESPONDENCE&REPORTS No Items COUNCIL MI:N UTES 38 FEBRUARY 12, 1997 6. PLANNING,DEVELOPMENT &RECREATION (continued) 2. UNFINISHED BUSINESS (a) Severance Application by Fred and Susan Hermann regarding Pt. Lots 27, 134 and 135, Concession 7,North Gore. File: D9.2.99 97-78 Moved by J.Volkaert Seconded by W. Casier "THAT the County of Elgin Land Division Committee be advised that the Township of Bayham recommends approval of Severance Application E-12/97 by Fred and Susan Hermann for Part Lots 27, 134 and 135, Concession 7,North Gore subject to the following conditions: That the Owner(s) shall: (a) Pay$500.00 cash in lieu of Park Dedication to the Township of Bayham; (b) Remove all outbuildings; (c) rezone the severed parcel to the "Rural Residential" (RR)Zone Designation; AND THAT any survey plans prepared by the owner(s) be deposited with the Township of Bayham. Disposition: Motion Carried Unanimously 3. OTHER BUSINESS No Items 4. PUBLIC MEETINGS None 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items COUNCIL MINUTES 39 FEBRUARY 12, 1997 S. PROPERTY,BUILDING&PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 9. FINANCE,ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE& REPORTS (a) Council discussed with Vienna Reeve, Gundy Goutouski,via "Conference Call", suggested dates for scheduling a Joint Public Meeting for the residents of Bayham Township and the Village of Vienna to present the Elgin County Restructuring Options 3A and 4A and to obtain public input. It was agreed that the Public Meeting would be held on Wednesday,February 26,1997 at 7:30 p.m. to be held at the Vienna Community Centre. 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 11. COMMITTEE OF THE WHOLE No Items COUNCIL MINUTES 40 FEBRUARY 12, 1997 11. COMMITTEE OF THE WHOLE (continued) 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 12. BY-LAWS None 13. ADJOURNMENT 97-79 Moved by Seconded by "THAT the Council meeting be adjourned at p.m." Disposition: Motion Carried Unanimously (%/ REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO February 20, 1997 7:00 p.m. The regular meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday, February 20, 1997 in the Council Chambers. Present were, Reeve Vane Chute,Deputy Reeve Joe Volkaert Sr., Councillors John E. Barclay, Wayne Casier, John Nezezon,Administrator Treasurer Lynn S. Buchner, Road Superintendent, Bob Bartlett and Clerk Maureen Beatty. 1. CALL TO ORDER Reeve Chute called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No member of Council disclosed a pecuniary interest and the general nature thereof. 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES (a) 97-80 Moved by J.Nezezon Seconded by J. Volkaert "THAT the Minutes of the Regular Council Meeting held February 6, 1997 and the Special Council Meeting held February 12, 1997 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:00 p.m. -Bryce Sibbick,Frank Cowan Insurance Company, Gerry Tailor and Joel Taylor,Taylor and Associates,Insurance Brokers appeared and presented the 1997 Township Insurance Policy Proposal. See Item 9.3 (a) (b) 7:30 p.m. -Lauren Lee representing herself, David Racz, Terry Lilliman and David Steele appeared and presented their request to have a portion of Owl Cage Road stopped up, closed and conveyed to the adjacent property owners. She agreed to discuss this matter with Mrs.Volkaert, an abutting property owner. See Item 7.1 (b) (c) 7:45 p.m. -Mr. John Keszler appeared and requested an update on his proposal for a 22 lot subdivision on County Road 45, south of Calton. The Clerk agreed to supply Mr. Keszler with a package containing all correspondence previously sent to Mr. and Mrs. Keszler and an explanation of the status of the proposal. File: D8.1.16 (d) 8:00 p.m. -Road Superintendent Bob Bartlett appeared and discussed Road Department activities. COUNCIL MINUTES 42 FEBRUARY 20, 1997 5. INFORMATION ITEMS 97-51. Moved by J. Nezezon Seconded by J.Volkaert "THAT Information Items 5(a) - 5(j) be received and filed." Disposition: Motion Carried Unanimously (a) Ministry of Municipal Affairs News Release dated February 6, 1997 regarding the "First Restructuring Commission Appointed for Kent County and City of Chatham." (Received and Filed) File: A16.7 (b) Ministry of Municipal Affairs News Release dated February 14, 1997 regarding a "Single, Unified Municipality Recommended for Hamilton-Wentworth". (Received and Filed) File: A16.7 (c) Association of Municipalities of Ontario Municipal Alert dated February 12, 1997 regarding a meeting between A.M.O. and the ministers to discuss "Who Does What"reforms. (Received and Filed) File: A16.1 (d) Bayham Fire Department Monthly Activities for February and March. (Received and Filed) (e) Globe and Mail Newspaper Article entitled"Municipalities Face Added Costs." (Received and Filed) File: D16.1 (f) Municipal Finance Officer's Association Notice of Seminar entitled: "A Tale of New Cities." (Received and Filed) File: A1.10 (g) Ontario Good Roads Association Publication"Municipal Routes" -January and February 1997 Issues. (Received and Filed) File: A16.16 (h) Harbour Lights Community News Publications-January 4, 18, 25 &Feb. 1, 1997 issues. (Received and Filed) File: M6.2 (i) "Pitch-In-Week"Program Registration. (Received and Filed) File: E7.2 COUNCIL MINUTES 43 FEBRUARY 20, 1997 5. INFORMATION ITEMS (continued) (j) MIG Consulting Engineers correspondence regarding consulting services available to municipalities. (Received and Filed) File: A5.1 6. PLANNING,DEVELOPMENT &RECREATION I. CORRESPONDENCE& REPORTS No Items 2. UNFINISHED BUSINESS (a) Rezoning Application and proposed severance by Fred and Susan Hermann regarding Pt. Lots 27, 134 and 135, Concession 7,North Gore. File: D13.1.60 97-82 Moved by J. Nezezon Seconded by W. Casier "THAT the rezoning application submitted by Fred and Susan Hermann to rezone Pt. Lots 27, 134 and 135, Concession 7,North Gore to Rural Residential be deferred until the Township receives notification from the Land Division Committee on the Decision rendered at the February 20, 1997 meeting." Disposition: Motion Carried Unanimously (b) Staff Report 97021 regarding 9-1-1 Municipal Addressing property sign installation. File: D18.1 97-83 Moved by W. Casier Seconded by J.Nezezon "THAT Report 97021 from the Administrator Treasurer regarding the installation of property signs for the County-wide municipal addressing project be approved; AND THAT the Council of the Township of Bayham authorizes the Township's Road Superintendent to act as the Township's 9-1-1 Co-ordinator in supervising the installation of the property signs to be installed in the Hamlets within the Township by affixing the sign provided by the Municipality to the house in a location to be approved by the Municipality's 9-1-1 Co-ordinator, or in an alternate location to be approved by the Municipality's 9-1-i Co-ordinator; AND THAT the Council of the Township of Bayham request the Bayham Volunteer Fire Department's assistance in installing the municipal addressing property signs under the direction of the Township's Road Superintendent; AND THAT if the Volunteer Fire Department is agreeable,the Council of the Township of Bayham will donate a sum of$5.00 per sign installed or directed to be installed, to be used to finance the purchase of a Rescue Van for the benefit of the residents of Bayham Township." Disposition: Motion Carried Unanimously COUNCIL MINUTES 44 FEBRUARY 20, 1997 6. PLANNING,DEVELOPMENT &RECREATION (continued) 2. UNFINISHED BUSINESS (c) Highlights of Consulting Services Proposal by Monteith, Zelinka, Priamo Limited. File: A5.1 97-84 Moved by J. Volkaert Seconded by J.Nezezon "THAT the proposal submitted by Monteith,Zelinka,Priamo Limited for the provision of consulting and planning advisory services be deferred pending the completion of the Elgin County Re-Engineering Study." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS (a) The Clerk advised that a Public Meeting has been scheduled for March 20, 1997 to consider the official plan application by Paul &Jose DePlancke, Part Lot 16, Concession 8 to permit an estate residential lot. File: D8.1.17 (b) The Clerk announced that a by-law to repeal Zoning By-law Z371-96 and to rezone Part Lot 12, Registered Plan 54 (Gilles and Denise Menard)would be presented to Council for consideration at the March 5th Council meeting. This by-law is necessary as a result of the land Division Committee Decision to impose a larger lot area as a condition of the Elgin-St. Thomas Health Unit. She noted that no further public meeting is required under the Planning Act as the intent of the rezoning is unchanged. File: D13.1.59 (c) The Clerk advised that John Wiggers has made application to the Land Division Committee for the severance of four lots on Centre Road. She reminded Council that Mr. Wiggers had agreed to convey a portion of the property to the Township for the purpose of future road widening and that this should be made a condition of severance approval. (d) The Clerk advised that a report would be presented to Council at its March 20th meeting addressing an official plan amendment and zoning by-law amendment by William Peters Knelsen and Anne Knelsen for a six lot development, Lot 8, Concession 8. File: D8.1.18 (e) W. Casier announced that the Community Centre Parks and Recreation Board had received a proposal by Minor Baseball for the erection of a 12'X 60'wire batting cage to be located behind the home bleachers next to the parking lot. They have raised$5,000 to date and have requested the Township to consider a grant of$2,500, or alternatively,to provide them with a loan. He reported that the Board had supported the proposal in principle. Additionally,the Board received a proposal from Sandra Cousins to establish a day camp for 5-12 year olds for a six week period in July and August. Specifically, she is seeking a grant of$3,000 for start up costs to purchase supplies etc. The program would be co- ordinated by herself with the assistance of additional supervisors who have early childhood education credentials. He added that the Board supported this proposal in principle. Both proposals have been identified in the Board's budget for consideration by Council and will be discussed further during budget deliberation. COUNCIL MINUTES 45 FEBRUARY 20, 1997 6. PLANNING,DEVELOPMENT &RECREATION (continued) 3. OTHER BUSINESS(continued) With regard to the suggested renovations of the Community Centre identified in the Chief Building Official's recent report, W. Casier advised that all matters are being addressed with the exception of the replacement of handles on the washroom doors which are considered unnecessary. However, discussion about renovating all washrooms will be identified in the 1997 budget submission. 4. PUBLIC MEETINGS None 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Township of Malahide correspondence proposing a"Joint Venture"with the Township to close the town line road to Springerhill Road South. File: C.09&T9.1 97-85 Moved by J.Volkaert Seconded by J.Nezezon "THAT the correspondence dated February 7, 1997 from the Township of Malahide proposing a joint venture with the Township to close the unopened portion of the Bayham Malahide Townline from Springerhill Road, South to the intersection with Richmond Road be received and referred to staff for the preparation of a report back to Council on the details of the proposal and cost etc." Disposition: Motion Carried Unanimously (b) Correspondence dated January 28, 1997 from Lauren Lee,David Racz and Terry Lilliman requesting the closure of the southern portion of Owl Cage Road. File: T9.1 97-86 Moved by J.Nezezon Seconded by J. Volkaert "THAT the correspondence dated January 28, 1997 from Lauren Lee, David Racz and Terry Lilliman requesting the closure and sale of a portion of Owl Cage Road be accepted and referred to staff for action; AND THAT staff be directed to contact all property owners who would be directly affected by the proposal and to prepare a cost estimate for the said closure to be presented to the property owners for consideration, following which, a further report shall be presented to Council for consideration, said estimates to include the surveying costs,legal fees, advertising and administration fees etc." Disposition: Motion Carried Unanimously COUNCIL MINUTES 46 FEBRUARY 20, 1997 7. ROADS,AGRICULTURE &DRAINAGE (continued) 1. CORRESPONDENCE& REPORTS (continued) (c) Staff Report 97024 regarding Road Activities. File: T6.1 97-87 Moved by W. Casier Seconded by J. Volkaert "THAT Staff Report 97024 regarding Road Department Activities be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Request by Shirley Propper, Sales Representative,Universal Corporate of Canada for access to S. Pt. Lt. 112, Concession 7,NTA from Richmond Road(formerly Plank Street). File: T5.1 97-88 Moved by J. Volkaert Seconded by W. Casier "THAT staff be directed to obtain a legal opinion on the status of unopened and abandoned road allowances and specifically addressing any requirement for the Township to provide access to abutting properties." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS (b) Half Load Restriction on posted Township roads. 97-89 Moved by J.Volkaert Seconded by J. Barclay "THAT a by-law be presented to Council to impose a half load restriction on posted Township roads for enactment March 5, 1997; AND THAT any necessary notices be published in the newspapers having general circulation in the Township." Disposition: Motion Carried Unanimously 8. PROPERTY,BUILDING &PROTECTIVE SERVICES 1. CORRESPONDENCE& REPORTS No Items 2. UNFINISHED BUSINESS No Items COUNCIL MINUTES 47 FEBRUARY 20, 1997 8. PROPERTY,BUILDING&PROTECTIVE SERVICES (continued) 3. OTHER BUSINESS No Items 9. FINANCE,ADMINISTRATION&PERSONNEL I. CORRESPONDENCE& REPORTS (continued) (a) Mayor Stephen J. Peters, City of St.Thomas- correspondence advising of an information meeting on February 28, 1997 to discuss the future of a 150 mile section of rail line known as the Canada Southern(CASO). File: T3.1 97-90 Moved by W. Casier Seconded by J.Volkaert "THAT the correspondence dated February 6, 1997 from Mayor Stephen J. Peters, City of St Thomas advising of an information meeting to be held February 28, 1997 regarding the "Canada Southern (CASO) Rail Line be received and filed; AND THAT Mayor Peters be advised that Reeve Vane Chute will be in attendance representing the Township of Bayham." Disposition: Motion Carried Unanimously (b) Elgin County Re-Engineering Study- Third Interim Report. File: D16.1 97-91 Moved by J.Volkaert Seconded by W. Casier "THAT the Elgin County Re-Engineering Study Third Interim Report Summary prepared by the Administrator Treasurer be accepted for information purposes." Disposition: Motion Carried Unanimously (c) Elgin County Re-Engineering proposal from Sandra VanderVeen, Councillor,Township of Southwold. File: D16.1 97-92 Moved by W. Casier Seconded by J.Volkaert "THAT the correspondence from Township of Southwold Councillor Sandra Van Der Veen regarding restructuring be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 48 FEBRUARY 20, 1997 9. FINANCE,ADMINISTRATION & PERSONNEL (continued) I. CORRESPONDENCE& REPORTS (continued) (d) Cheque Register for the period ending February 19, 1997 and Cash Requirements for the period ending February 28, 1997. File: F10.3 97-93 Moved by J.Barclay Seconded by J.Volkaert "THAT the Cash Requirements for the period ending February 28, 1997 be approved for payment; AND THAT the Cheque Register for the period ending February 19, 1997 be approved." Disposition: Motion Carried Unanimously (e) Impact of"Mega Week" announcements on the County of Elgin and Member Municipalities. File: D16.1 97-94 Moved by J.Volkaert Seconded by J.Barclay "THAT the Summary of the impact of"Mega Week" announcements on the County of Elgin and Member Municipalities be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Pre-Audit Financial Report for the year ended December 31, 1996. File: F10.3 97-95 Moved by J. Barclay Seconded by J. Volkaert "THAT the Pre-Audit Financial Report for the year ended December 31, 1996 be accepted and discussed during budget deliberations." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS (a) 1997 Insurance Policy Proposal by Frank Cowan Insurance Company Limited. 97-96 Moved by J. Volkaert Seconded by J.Nezezon "THAT the 1997 Township Insurance Policy Proposal submitted by Frank Cowan Insurance Company be received and referred to staff for review." Disposition: Motion Carried Unanimously COUNCIL MINUTES 49 FEBRUARY 20, 1997 MOTION TO EXTEND LENGTH OF MEETING 97-97 Moved by J. Barclay Seconded by W. Casier "THAT in accordance with Section 13 of Procedural By-law 95-33, Council shall deal with business until 11:00 p.m. at its meeting of February 20, 1997." Disposition: Motion Carried Unanimously 10. ENVIRONMENT 1. CORRESPONDENCE& REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) J.Nezezon expressed concern about the program being offered by the Long Point Region Conservation Authority where all property owners in the Big Otter Creek Watershed are offered $4.00 per acre to participate in no-till farming practices. J. Volkaert indicated that he was of the understanding that only property owners directly abutting the Big Otter Creek would be approached. He agreed to clarify this matter at the next Conservation Authority Board Meeting on February 28, 1997. (b) The Administrator announced that Cyril Demeyere had extended an invitation to Council members and staff to attend a tour of the Elgin area water treatment and Port Stanley sewage treatment plants on Wednesday, February 26, 1997 at 11:15 a.m. - J. Barclay and W. Casier may be attending, along with Dwayne Daniel and Lynn Buchner. (c) The Administrator-Treasurer read a letter of appreciation addressed to Council from a resident in attendance at the February6th Public meeting held regarding Phases 1 and 2 of the Class EA Reports for the water/sewage study for the Hamlets of Straffordville and Eden. 11. COMMITTEE OF THE WHOLE No Items 12. BY-LAWS 97-11 Confirming By-law(February 12, 1997) 97-12 Confirming By-law(February 20, 1997) Deferred until the next Regular Meeting COUNCIL MINUTES 50 FEBRUARY 20, 1997 13. ADJOURNMENT 97-98 Moved by W. Casier Seconded by J. Barclay "THAT the Council meeting be adjourned at 11:00 p.m." Disposition: Motion Carried Unanimously ika4.444-34 1)61- REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO March 5, 1997 9:00 a.m. The regular meeting of Council of the Township of Bayham was held at 9:00 a.m. on Wednesday,March 5, 1997 in the Council Chambers. Present were, Reeve Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors John E. Barclay, Wayne Casier, John Nezezon, Administrator Treasurer Lynn S. Buchner and Chief Building Official Dwayne Daniel. 1. CALL TO ORDER Reeve Chute called the meeting to order at 9:00 a.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No member of Council disclosed a pecuniary interest and the general nature thereof. 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES (a) 97-99 Moved by J. Nezezon Seconded by W. Casier "THAT the Minutes of the Regular Council Meeting held February 20, 1997 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 9:30 am. -Hank Chromczak,Pt. Lots 2 & 3, Concession 8, representing himself and area residents appeared and requested Council to consider including in the 1997 budget, funds for improvements to Pressey Road,west from County Road No. 46 to Springer Hill Road. He submitted a petition containing 90 names of concerned residents in support of his proposal. He advised that he had spoken with the Mayor of the Township of South- West Oxford and will be making a presentation to their Council March 18, 1997. He stressed that Pressey Road is in a connecting road, however, flooding occurs,the dust level creates a hazard for vehicles and has a negative impact on crops. Further,the state of disrepair encourages vandalism. Council agreed to send a delegation to the Township of South-West to discuss this matter further and report back to Council- See Item 7.3 (a) (b) 9:45 a.m. - Chief Building Official Dwayne Daniel appeared and discussed Items 7.3 (b) and 8.1 (a). (c) 10:00 a.m. -Dan Sekerak appeared and discussed a drainage problem which exists on his property referred to as Concession 2,N. Pt. Lot 3. He referred to an on site meeting held on March 3 with Council Members, the Road Superintendent and the Drainage Superintendent. Several options were discussed at length. Specifically, moving the culvert to the west, installing another tile on the north side of the road, being a municipal drain, closing the culvert under the driveway and constructing a grass waterway on an adjacent landowner's property utilizing a Provincial grant from the Long Point Region Conservation Authority. It was agreed that staff would investigate the possibility of a landowner obtaining a provincial grant for the construction of a grassed water route to eliminate the existing drainage problem and report back to Council-See Item 7.3 (b) COUNCIL MINUTES 52 MARCH 5, 1997 4. DELEGATIONS (continued) (d) 11:30 a.m.-Henry Reimer appeared and commended the Township for the prompt and efficient attention to the 9th Concession which is a dead end road. With regard to restructuring,he indicated he was not in favour of either Option 3A or 4A. He cautioned that the general feeling of residents who attended the Joint Public Meeting with Vienna was that discussing options with Tillsonburg were not given serious consideration and likely wouldn't in the future. 5. INFORMATION ITEMS 97-100 Moved by W. Casier Seconded by J.Nezezon "THAT Information Items 5(a)-5(i) be received and filed." Disposition: Motion Carried Unanimously (a) County of Elgin correspondence to Premier Mike Harris regarding the financial impact analysis of"Mega Week" announcements on Elgin County municipalities. (Received and Filed) File: A16 (b) Ministry of Natural Resources correspondence regarding Port Burwell Provincial Park. (Received and Filed) File: R3.1 (c) Association of Municipalities of Ontario Municipal Alert dated February 21, 1997 regarding the establishment of two transition teams related to the "Who Does What" announcements." (Received and Filed) File: A16.1 (d) Classifications of"Municipality". (Received and Filed) File: L10.1 (e) Township of Aldborough Two Tier Property Tax Report. (Received and Filed) File: C2 (f) Information Staff Report 97027 regarding the 1997 ROMA Conference. (Received and Filed) File: A1.5 (g) Reform Party of Canada correspondence regarding a"Pledge to Local Government." (Received and Filed) File: L9.1 (h) Lake Erie North Shore 1997 Program Package-Marketing Program. (Received and Filed) File: D6.1 COUNCIL MINUTES 53 MARCH 5, 1997 5. INFORMATION ITEMS (continued) (i) Ontario Video Gaming Corporation correspondence regarding Video Lottery Terminals(VLT's). (Received and Filed) File: P7.2 6. PLANNING,DEVELOPMENT &RECREATION 1. CORRESPONDENCE& REPORTS (a) Ontario Municipal Board Decision regarding Committee of Adjustment Application A-1/96 -Ross and Elizabeth Carson. File: D12.1.5 97-101 Moved by W. Casier Seconded by J.Barclay "THAT the Ontario Municipal Board Decision dated February 24, 1997 regarding an appeal to Committee of Adjustment Decision A-1/96 for Ross Carson Farms Limited be received and filed." Disposition: Motion Carried Unanimously (b) Elgin-St. Thomas Health Unit correspondence regarding their comment procedure and fee structure effective March 1, 1997. File: D01 &A16.5 97-102 Moved by W. Casier Seconded by J. Nezezon "THAT the correspondence dated February 21, 1997 from the Elgin-St. Thomas Health Unit advising of their 1997 Fee Schedule be received; AND THAT the matter be pursued at the County level initiated by County representatives from Bayham Township Council." Disposition: Motion Carried Unanimously (c) Rezoning Application submitted by G.Neal Procunier on behalf of Harry and Grace Schipper to rezone Lot 114, Concession 7,NTR to the Rural Residential Zone to accommodate the planned severance of the dwelling as a "surplus farm dwelling". File: D13.1.61 97-103 Moved by J. Barclay Seconded by W. Casier "THAT the application by G.Neal Procunier on behalf of Harry and Grace Schipper to rezone Lot 114, Concession 7,NTR to the Rural Residential Zone to accommodate the planned severance of the dwelling as a "surplus farm dwelling" be accepted and referred to Cumming Cockburn Limited for the preparation of a by-law and scheduling of a public meeting." Disposition: Motion Carried Unanimously COUNCIL MINUTES 54 MARCH 5, 1997 6. PLANNING,DEVELOPMENT &RECREATION (continued) 1. CORRESPONDENCE& REPORTS (continued) (d) Staff Report 97028 regarding a request by Superior Propane Inc. seeking the Township's approval for the installation of a bulk propane dispensing system as applied for by Future Transfer Co. Inc.,N. Part Lot 9, Concession 9. File: D13.1 97-104 Moved by W. Casier Seconded by J.Nezezon "THAT staff be authorized to obtain comments from the Fuel Safety Branch and Cumming Cockburn Limited, Township Planning Consultant; AND THAT these comments be referred back to Council for further consideration." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Rezoning Application and proposed severance by Fred and Susan Hermann regarding Pt. Lots 27, 134 and 135, Concession 7,North Gore. File: D13.1.60 97-105 Moved by J. Barclay Seconded by W. Casier "THAT the application by Fred and Susan Hermann to rezone Pt. Lots 27, 134 and 135, Concession 7,North Gore to Rural Residential Zone to accommodate the approved severance of the dwelling as a "surplus farm dwelling" be accepted and referred to Cumming Cockburn Limited for the preparation of a by-law and scheduling of a public meeting pursuant to the Planning Act." Disposition: Motion Carried Unanimously (b) Staff Report 97026 presenting a by-law to repeal By-law Z371-96,having reference to an application by Gilles and Denise Menard and the resulting Land Division Committee Consent Decision which required that the lot be increased in size. File: D13.1.59 97-106 Moved by J.Nezezon Seconded by W. Casier "THAT Zoning By-law Z374-97, being a by-law to amend By-law 2387 and to repeal By-law Z371-96, which rezones Part Lot 12,Registered Plan 54,Village of Vienna, Township of Bayham, (Gilles and Denise Menard) be presented to Council for enactment; AND THAT given that this by-law is required to comply with a severance condition imposed by the Elgin-St. Thomas Health Unit to enlarge the size of the subject lot to 20,000 square feet which was imposed immediately following By-law Z371-96 coming into effect; and further, given that repealing By-law Z374-97 was prepared by Township Staff, the requirement for a further rezoning application fee be waived; AND THAT given the minor nature of the amendments which necessitated the repealing of Zoning By-law Z371-96, reviewed at the public meeting held under Section 34 of the Planning Act on December 5, 1996, Council deems that in accordance with Section 34, further notice is not required prior to the passage of By-law Z374-97." COUNCIL MINUTES 55 MARCH 5, 1997 6. PLANNING,DEVELOPMENT & RECREATION (continued) 2. UNFINISHED BUSINESS (continued) Disposition: Motion Carried Unanimously 3. OTHER BUSINESS No Items 4. PUBLIC MEETINGS None 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Staff Report 97029 regarding the statutory requirement for posting half load limits on designated highways. File: T7.1 97-107 Moved by W. Casier Seconded by J.Barclay "THAT Information Staff Report 97029 regarding Reduced Load Period on Roads, be received." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) Request by Hank Chromczak and area residents for improvements to Pressey Road, west of County Road No. 46. File: T3.1 97-108 Moved by J. Volkaert Seconded by J. Barclay "THAT improvements to the Pressey Road,west from Elgin County road to Springer Hill be pursued with the Township of South West Oxford by sending a Bayham Township delegation for discussion purposes and relaying information back to Council for consideration; AND THAT related costs be considered during 1997 budget deliberations by the Township of Bayham Council." Disposition: Motion Carried Unanimously COUNCIL MINUTES 56 MARCH 5, 1997 7. ROADS,AGRICULTURE &DRAINAGE (continued) 3. OTHER BUSINESS (continued) (b) Drainage Problems identified on Concession 2,N. Pt. Lot 3. 97-109 Moved by J. Barclay Seconded by W. Casier "THAT Township staff be authorized to investigate the possibility of a Bayham Township landowner to obtain a grant through the provisions of the Long Point Region Conservation Authority to construct a grassed water route to alleviate the drainage problem that exists on Concession 2,N.Pt.Lot 3; AND THAT the information obtained be presented to Council for further consideration." Disposition: Motion Carried Unanimously 8. PROPERTY,BUILDING&PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Staff Report providing the list of building permits issued for the month of February, 1997. File: P8.1 97-110 Moved by J. Barclay Seconded by J. Volkaert "THAT the Building Permits for the month of February, 1997 be approved." Disposition: Motion Carried Unanimously (b) Ontario Provincial Police invitation for two Council Members to attend an Elgin County Community Policing Workshop on April 9, 1997. File: P13.1 97-111 Moved by W. Casier Seconded by J. Barclay "THAT the correspondence dated February 20, 1997 from the Ontario Provincial Police regarding the Elgin County Community Policing Workshop and Tour on April 9, 1997 be received; AND THAT Council request the members of the Community Policing Committee who are planning to attend,to subsequently provide an information presentation to Council." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items COUNCIL MINUTES 57 MARCH 5, 1997 8. PROPERTY,BUILDING&PROTECTIVE SERVICES (continued) 3. OTHER BUSINESS No Items 9. FINANCE,ADMINISTRATION& PERSONNEL I. CORRESPONDENCE&REPORTS (continued) (a) Cheque Register for the period ending February 28, 1997 and Cash Requirements for the period ending March 20, 1997 File: F10.3 97-112 Moved by J. Barclay Seconded by J. Volkaert "THAT the Cash Requirements for the period ending March 20, 1997 be approved for payment; AND THAT the Cheque Register for the period ending February 28, 1997 be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Formulation of Resolution to be presented to Elgin County Council on March 6, 1997 regarding Re-Engineering Option 3A vs. 4A. File: D16.1 97-113 Moved by J. Volkaert Seconded by J. Barclay "WHEREAS Section 25.2 (2) of the Municipal Act authorizes a municipality or local board in a locality to make restructuring proposals to restructure municipalities; NOW THEREFORE BE IT RESOLVED THAT the Corporation of the Township of Bayham supports the restructuring proposal from the County of Elgin known as Alternative 3A as amended, and dated February, 1997 in its entirety." Disposition: Motion Carried Unanimously on a Recorded Vote RECORDED VOTE: Councillor Barclay - For Councillor Casier - For Reeve Chute - For Councillor Nezezon - For Councillor Volkaert - For 3. OTHER BUSINESS No Items COUNCIL MINUTES 58 MARCH 5, 1997 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 11. COMMITTEE OF THE WHOLE 97-114 Moved by J. Barclay Seconded by W. Casier "THAT Council do now rise to enter into an "In Camera" Session of Committee of the Whole to discuss a legal/planning matter." Disposition: Motion Carried Unanimously 97-115 Moved by J.Volkaert Seconded by W. Casier "THAT the Committee of the Whole do now rise from the "In Camera" Session and present its report for adoption." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE& REPORTS (a) Confidential Staff Report 97030 regarding a legal/planning matter. File: L2.1 97-116 Moved by J. Volkaert Seconded by W. Casier "THAT Confidential Staff Report 97030 be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 59 MARCH 5, 1997 11. COMMITTEE OF THE WHOLE (continued) 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) Confidential StafReport 97031 regarding the conveyance of a closed portion of Second Street in Eden to Danny Charles DePlancke. File: T9.9 97-117 Moved by J. Volkaert Seconded by W. Casier "THAT Part 6 on Reference Plan 11R-5538, being a closed portion of Second Street in Eden be conveyed to Danny Charles DePlancke for a price of$200.00 and cost; AND THAT the Reeve and Clerk be authorized to execute the Deed prepared by George Jenkins,Morris,Jenkins and Kee,Barristers and Solicitors; AND THAT the County of Elgin Land Division Committee be advised of deed registration details." Disposition: Motion Carried Unanimously 12. BY-LAWS Z374-97 To rezone Part Lot 12, Registered Plan 54, Gilles and Denise Menard and to repeal By-law Z371-96. 97-11 Confirming By-law(February 12, 1997) 97-12 Confirming By-law(February 20, 1997) 97-13 Confirming By-law(March 5, 1997) 97-118 Moved by W. Casier Seconded by J.Nezezon "THAT By-law Z374-97 be read a first and second time." Disposition: Motion Carried Unanimously 97-119 Moved by J.Nezezon Seconded by W. Casier "THAT By-law Z374-97 be read a third time and finally passed." Disposition: Motion Carried Unanimously 97-120 Moved by W. Casier Seconded by J.Nezezon "THAT By-laws 97-11, 97-12 and 97-13 be read a first and second time." Disposition: Motion Carried Unanimously COUNCIL MINUTES 60 MARCH 5, 1997 12. BY-LAWS (continued) 97-121 Moved by J.Nezezon Seconded by W. Casier "THAT By-laws 97-11, 97-12 and 97-13 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 97-122 Moved by W. Casier Seconded by J. Nezezon "THAT the Council meeting be adjourned at 2:10 p.m." Disposition: Motion Carried Unanimously REEVE CLERK SPECIAL COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O.BOX 160 STRAFFORDVILLE, ONTARIO March 19, 1997 8:30 a.m. The special meeting of Council of the Township of Bayham was held at 8:30 a.m. on Wednesday, March 19, 1997 in the Committee Room. Present were, Reeve Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors John E. Barclay, Wayne Casier, John Nezezon, and Clerk Maureen Beatty. 1. CALL TO ORDER Reeve Chute called the meeting to order at 8:30 a.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No member of Council disclosed a pecuniary interest and the general nature thereof. 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES No Items 4. DELEGATIONS None 5. INFORMATION ITEMS No Items 6. PLANNING,DEVELOPMENT & RECREATION 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 4. PUBLIC MEETINGS None COUNCIL.MINUTES 62 MARCH 19, 1997 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 8. PROPERTY,BUILDING &PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 9. FINANCE,ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE& REPORTS (a) County of Elgin Municipal Restructuring Proposal dated March 18, 1997. 97-123 Moved by J.Volkaert Seconded by J. Barclay "WHEREAS, Section 25.2(2) of the Municipal Act authorizes a municipality or local body in a locality,to make a restructuring proposal to restructure municipalities; AND if there are any matters included in the attached proposal that the minister does not have the authority to implement, the Minister is authorized to implement the remainder of this proposal. It is the expectation of the municipalities involved in this restructuring that after the restructuring exercise that the municipalities and local boards will implement on their own any matters that the Minister cannot include in a restructuring order; NOW THEREFORE BE IT RESOLVED,that the Township of Bayham supports the attached restructuring proposal dated March 18, 1997 in its entirety." Disposition: Motion Carried Unanimously COUNCIL MINUTES 63 MARCH 19, 1997 9. FINANCE,ADMINISTRATION &PERSONNEL 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 10. ENVIRONMENT 1. CORRESPONDENCE& REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 11. COMMITTEE OF THE WHOLE I. CORRESPONDENCE&REPORTS 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 12. BY-LAWS 97-16 Confirming By-law 97-124 Moved by J.Nezezon Seconded by J. Barclay "THAT By-law 97-16 be read a first and second time." Disposition: Motion Carried Unanimously COUNCIL MINUTES 64 MARCH 19, 1997 12. BY-LAWS (continued) 97-125 Moved by 3.Nezezon Seconded by W. Casier "THAT By-law 97-16 read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 97-126 Moved by J. Nezezon Seconded by W. Casier "THAT the Council meeting be adjourned at 8:35 a.m." Disposition: Motion Carried Unanimously "114L .-r) .-"Ze_e/ REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE,ONTARIO March 20, 1997 7:00 p.m. The regular meeting of Council of the township of Bayham was held at"7:UU p.m. on Thursday, March 20, 1997 in the Council Chambers. Present were,Reeve Vane Chute,Deputy Reeve Joe Volkaert Sr., Councillors John E. Barclay, Wayne Cagier, John Nezezon , and Clerk Maureen Beatty. 1. CALL TO ORDER Reeve Chute called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No member of Council disclosed a pecuniary interest and the general nature thereof. 3. MINUTES&BUSINESS ARISING OUT OF THE MINUTES (a) 97-127 Moved by J. Barclay Seconded by J.Volkaert "THAT the Minutes of the Regular Council Meeting held March 5, 1997 and the Special Council Meeting held March 19, 1997 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:00 p.m.- Jim Grass,Roger DeClercq and Tom Wells representing the Straffordville Lions Club appeared and presented a proposal reconfigure the Bayham Community Park. Specifically,they recommended the removal of the"drive in" gate at the east side of the Community Park and replacement with permanent fencing; to replace the gate at the west side of the park between the home run fence and the pine trees at the north corner; and installation of a temporary fence from the left field light standard to the pavilion with a walk through entrance. They noted that all costs would be borne by the Lions Club of Straffordville. The rationale for the proposal was to create additional parking when indoor and outdoor events occur simultaneously and to remove motorized vehicles from the playground and food booth areas. See Item 6.3 (a) (b) 7:45 p.m. -John and Cindy Brillinger,Otterwood did not appear(Item 6.1(a)was withdrawn from the Agenda) (c) 8:30 p.m. -Judy Oldham appeared and requested comments on her proposal to develop five lots on Lot 21, Concession 8,west of Eden on County Road 44. She noted that some interest has been expressed by the adjoining property owner to purchase the agricultural parcel to the south. She stated that to date, no objection has been expressed by anyone she has spoken with, including the Ministry of Agriculture and Food, Long Point Region Conservation Authority and Ministry of Environment and Energy. When she discussed the proposal with the Elgin County Engineer, she was advised to structure the lots with adjoining driveways. The Clerk added that she consulted with Gary Blazak, Cumming Cockburn Limited who reaffirmed his 1989 and 1992 comments about the proposal being a strip development and not in compliance with the official plan. He further stated that it is likely the Ministry of Environment and Energy will require justification studies to be conducted. COUNCIL MINUTES 66 MARCH 20, 1997 4. DELEGATIONS (continued) (c) (continued) She explained that he also stressed that an application to amend the official plan would be necessary to extend the hamlet boundary of Eden to include the proposed lots. Council expressed general support for the proposal pending receipt of an application to amend the official plan and written comments from the Long Point Region Conservation Authority,Elgin St. Thomas Health Unit, Ministry of Environment and Energy and the Ministry of Municipal Affairs. 5. INFORMATION ITEMS 97-128 Moved by J. Volkaert Seconded by J. Barclay "THAT Information Items 5(a) -5(j) with the exception of 5(g) be received and filed." Disposition: Motion Carried Unanimously (a) Ontario Clean Water Agency correspondence from the new President and CEO,D. Blair Tully,requesting comments about their service. (Received and Filed) File: A16.18 (b) S. C. Stephen,Assessment Commissioner-correspondence advising that he has accepted the position of Assessment Commissioner for York Region effective March 10, 1997 and advising that the new Assessment Commissioner for Elgin County will be Paul Smith. (Received and Filed) File: A16.1 (c) City of St. Thomas correspondence to the Minister of Health,Long Term Care Division suggesting there should be municipal representation on the Boards of Community Care Access Centres. (Received and Filed) File: H4.1 (d) Long Point Region Conservation Authority 1997 budget and municipal levy. (Received and Filed) File: A16.6 (e) Association of Municipalities of Ontario Municipal Alert dated March 11, 1997 regarding the New Municipal Act. (Received and Filed) File: A1.2 (f) Association of Municipalities of Ontario Municipal Alert dated February 3, 1997 regarding Bill 98- "Development Charges Act". (Received and Filed) File: A1.2 COUNCIL MINUTES 67 MARCH 20, 1997 5. INFORMATION ITEMS (continued) (g) Big Otter Trail Utility Corridor Public Open House # 1, Comment Sheet. File: D6.2 97-129 Moved by J.Volkaert Seconded by J. Barclay "THAT a Ietter be forwarded to the Town of Tillsonburg,Attention: Mr.Brad Bartlett,expressing opposition to the proposed use of the former C.P. Rail Lands for recreational purposes,however,the Township of Bayham is not opposed to the proposed utility corridor use; AND FURTHER THAT Council Members will be attending the public meeting to be held in mid April, 1997." Disposition: Motion Carried Unanimously (The Clerk was directed to prepare letter for the Reeve's signature to be forwarded to the Town of Tillsonburg with a copy being forwarded to all property owners abutting the former CP Rail lands) (h) Parliamentary Report- "Prime Minister's Update" dated February 1997. (Received and Filed) File: M6.1 (i) Elgin Community Development Corporation Newsletter, Winter'97. (Received and Filed) File: M6.1 (j) Association of Municipalities of Ontario Municipal Alert dated March 12, 1997 regarding a schedule of Standing Committee Hearings for"Who Does What" Bills. (Received and Filed) File: A1.2 6. PLANNING, DEVELOPMENT & RECREATION 1. CORRESPONDENCE& REPORTS (a) Proposal by John and Cindy Brillinger, Otterwood Tire regarding a proposal for a recycling tire facility. File: DO1 Item Withdrawn from the Ajienda (b) Proposal by Judy Oldham for the development of five lots,Part Lot 21, Concession 8, west of Eden-Hamlet Extension. (Received for Information) File: DO1 COUNCIL MINUTES 68 MARCH 20, 1997 6. PLANNING,DEVELOPMENT&RECREATION (continued) 1. CORRESPONDENCE&REPORTS (continued) (c) Staff Report 97034 regarding a proposed official plan amendment by William Peters Knelsen and Anna Knelsen on Lot 8, Concession 8. File: D8.1.18 97-130 Moved by J. Barclay Seconded by W. Casier "THAT consideration of the application by Scott Campbell, Gibson,Linton,Toth, Campbell and Bennett,Barristers and Solicitors,agent for William Peters Knelsen and Anna Knelsen to amend the Township's official plan to designate approximately 6.5 acres(2.65 hectares) situated in Lot 8,between the north side of Highway No.3 and the south side of County Road 44 for the development of six non-farm residential lots on private services be deferred pending receipt of a detailed plan showing lot sizes,drainage,proposed road configurations,abutting land uses and location of buildings." Disposition: Motion Carried Unanimously (d) Application No.E14/97 by G.Neal Procunier,Part Lots 114 & 115, Concession NTR to sever a Right-of-Way with frontage on County Road No. 46. File: D9.2.101 97-131 Moved by J.Volkaert Seconded by J.Barclay "THAT the County of Elgin Land Division Committee be advised that the Township of Bayham recommends approval of Severance Application E 14/97 by G.Neal Procunier for Part Lots 114 & 115,Concession NTR subject to the following condition: a) A copy of any survey plan prepared be deposited with the Township of Bayham." Disposition: Motion Carried Unanimously (e) Application No.E24/97 by John and Lillian E. Wiggers,Part Lot 15, Concession 3, (Park Lots 1,2, 3, &4,Plan 17)to sever a lot as part of a six estate residential lot proposal.(Related applications include E25/97,E26/97 and E27/97). File: D9.2.102 (f) Application No.E25/97 by John and Lillian E. Wiggers,Part Lot 15, Concession 3, (Park Lots 1,2, 3, &4,Plan 17)to sever a lot as part of a six estate residential lot proposal.(Related applications include E24/97,E26/97 and E27/97). File: D9.2.103 (g) Application No.E26/97 by John and Lillian E. Wiggers,Part Lot 15, Concession 3, (Park Lots 1, 2, 3, &4,Plan 17)to sever a lot as part of a six estate residential lot proposal.(Related applications include E24/97,E25/97 and E27/97). File: D9.2.104 COUNCIL MINUTES 69 MARCH 20, 1997 6. PLANNING,DEVELOPMENT&RECREATION (continued) 1. CORRESPONDENCE&REPORTS (continued) (h) Application No. E27/97 by John and Lillian E. Wiggers,Part Lots 15, Concession 3, (Park Lots 1, 2, 3, &4,Plan 17)to sever a lot as part of a six estate residential lot proposal.(Related applications include E24/97,E25/97 and E26/97). File: D9.2.105 Items 6.1 (e) -(h) 97-132 Moved by J.Barclay Seconded by W. Casier "THAT the County of Elgin Land Division Committee be advised that the Township of Bayham recommends approval of Severance Application E24/97 by John and Lillian E.Wiggers,Part Lot 15,Concession 3,Park Lots 1, 2,3 and 4,Plan 17,subject to the following conditions being imposed: a) The payment of$500.00 cash in lieu of park dedication to the Township of Bayham; b) The conveyance to the Township of Bayham of a 15.46 foot strip of land along the west side of Centre Street (identified as Part 10 on the draft Reference Plan dated December 3, 1996) for the future road widening; and c) Deposit with the Township a copy of the final Reference Plan." Disposition: Motion Carried Unanimously (Rescinded by Resolution No. 97-134 shown below) 97-133 Moved by J.Volkaert Seconded by J. Barclay "THAT the County of Elgin Land Division Committee be advised that the Township of Bayham recommends approval of Severance Application E25/97 by John and Lillian E.Wiggers,Part Lot 15,Concession 3,Park Lots 1,2,3 and 4,Plan 17,subject to the following conditions being imposed: a) The payment of$1,000.00 cash in lieu of park dedication to the Township of Bayham; b) The conveyance to the Township of Bayham of a 15.46 foot strip of land along the west side of Centre Street(identified as Part 10 on the draft Reference Plan dated December 3, 1996 for the future road widening; and c) Deposit with the Township a copy of the final Reference Plan." Disposition: Motion Carried Unanimously (Rescinded by Resolution No. 97-134 shown below) COUNCIL MINUTES 70 MARCH 20, 1997 6. PLANNING,DEVELOPMENT&RECREATION (continued) I. CORRESPONDENCE&REPORTS (continued) 97-134 Moved by J. Barclay Seconded by W. Casier "THAT the County of Elgin Land Division.Committee be advised that the Township of Bayham recommends approval of Severance Application Nos.E24197,E25197, E26/97 and E27/97 by John and Lillian E.Wiggers,Part Lot 15,Concession 3,Park Lots 1, 2,3 and 4,Plan 17, subject to the following conditions being imposed: a) The payment of$2,500.00 cash in lieu of park dedication to the Township of Bayham as a result of creating five new lots; b) The conveyance to the Township of Bayham of a 15.46 foot strip of land along the west side of Centre Street(identified as Part 10 on the draft Reference Plan dated December 3, 1996) for future road widening; and c) Deposit with the Township a copy of the final Reference Plan; AND THAT Resolution Nos. 97-132 and 97-133 be rescinded." Disposition: Motion Carried Unanimously (i) Application No. E15/97 by Wilbur LIoyd Cowan and Myrna Cowan, Part Lots 21 and 22, Concession 8,to sever a lot with frontage on Ridge Road containing an office operated as a pet cemetery. File: D9.2.100 97-135 Moved by J.Volkaert Seconded by J.Barclay "THAT the County of Elgin Land Division Committee be advised that the Township of Bayham recommends approval of Severance Application E15/97 by Wilbur Lloyd and Myrna Cowan for Part Lots 21 and 22,Concession 8,subject to the following conditions being imposed: a) The payment of$500.00 cash in lieu of park dedication to the Township of Bayham; b) Deposit with the Township a copy of any survey plan prepared." Disposition: Motion Carried Unanimously (j) Application No.E17/97 by Gundy Goutouski, Part Lots 1-5, 6, 7, 8, 9 and A, 1-11,Plan 54, Pt.Lots 15 & 16, Concession 3,to sever an irregular shaped parcel with frontage on Chapel Street to create one rural-estate residential building lot. File: D9.2.106 97-136 Moved by J.Volkaert Seconded by J.Nezezon "THAT the County of Elgin Land Division Committee be advised that the Township of Bayham recommends approval of Severance Application E17/97 by Gundy Goutouski for Part Lots 1-5, 6, 7, 8,9 and A, 1-11,Plan 54,Part Lots 15 & 16, Concession 3, subject to the following condition being imposed: a) Deposit with the Township a copy of any survey plan prepared." Disposition: Motion Carried Unanimously COUNCIL MINUTES 71 MARCH 20, 1997 6. PLANNING,DEVELOPMENT&RECREATION (continued) 2. UNFINISHED BUSINESS (a) Staff Report 97025 regarding zoning for kennels. File: D13.1 97-137 Moved by J.Volkaert Seconded by J. Barclay "THAT Council Resolution No. 97-11 enacted on January 9, 1997, having reference to the 1997 dog licence and kennel licence fees and criteria for a kennel licence be rescinded; AND THAT a by-law be presented at the April 3, 1997 Council meeting to amend By-law 94-8 to include the following: 1997 Licence Fee of$15.00 per dog Kennel Licence Fee of$50.00 with required proof of registration with the Canadian Kennel Association Rural Site specific zoning designation AND THAT Cumming Cockburn Limited be requested to present to council a housekeeping amendment to remove the"kennel use" as a permitted use in the M2 Industrial Zone." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS (a) Proposal submitted by the Straffordville Lions Club regarding parking in the Bayham Community Park and Community Centre. File: R4.2 97-138 Moved by W. Casier Seconded by J.Nezezon "THAT the proposal dated March 20, 1997 from the Straffordville Lions CIub regarding parking and fencing at the Bayham community Centre and Park be referred to the Bayham Community Centre,Parks and Recreation Board for review and comment." Disposition: Motion Carried Unanimously 4. PUBLIC MEETINGS 97-139 Moved by J.Nezezon Seconded by J. Barclay "THAT the Council Meeting be adjourned for the purpose of holding a public meeting pursuant to the provisions of the Planning Act." Disposition: Motion Carried Unanimously I. Call to Order: Reeve Chute called the Public Meeting to Order. 2. Disclosure of Pecuniary Interest and General Nature Thereof. No Member of Council disclosed a pecuniary interest and the general nature thereof. COUNCIL MINUTES 72 MARCH 20, 1997 6. PLANNING,DEVELOPMENT & RECREATION (continued) 4. PUBLIC MEETINGS (continued) 3. Application: An application by Paul and Jose DePlancke for an amendment to the Township's Official Plan to change the designation on a parcel of land comprising approximately 1.8 hectares (4.5 acres) situated in Part Lot 16, Concession 8, from "Agriculture"to "Rural Estate Residential"to facilitate the creation of one new estate residential lot. File: D8.1.17 4. Staff Report: The Clerk provided an outline of the application and made reference to the comments received from the Elgin-St. Thomas Health Unit, Ministry of Agriculture and Food and the Long Point Region Conservation Authority. She noted that in accordance with Section 17, Subsection 16,Paragraph (a) of the Planning Act, Council cannot adopt the amendment until fourteen days after the Public Meeting,therefore the amendment would be presented for adoption at the meeting scheduled for April 3, 1997. 5. Presentation by Applicant: -None 6. Public Comments: -None 7. Council Questions and Discussion: -None S. Adjournment: 97-140 Moved by J.Volkaert Seconded by J.Nezezon "THAT the public meeting be adjourned." Disposition: Motion Carried Unanimously 9. Formulation of Motion: 97-141 Moved by J.Nezezon Seconded by J. Barclay "THAT the draft official plan amendment prepared by Cumming Cockburn Limited in response to Council's direction by resolution on January 24, 1997 requested by Paul and Jose DePlaneke for an Estate Residential Lot on Lot 16, Concession 8, be accepted; AND THAT in accordance with Section 17, Subsection 16,Paragraph (a) of the Planning Act,R.S.O. 1990,Chapter P.13, as amended, staff be directed to present the amendment to Council at its meeting of April 3, 1997 for adoption." Disposition: Motion Carried Unanimously 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE&REPORTS No Items COUNCIL MINUTES 73 MARCH 20, 1997 7. ROADS,AGRICULTURE &DRAINAGE (continued) 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) The Clerk was directed to contact the Township of Malahide and request the attendance of their Council Members to join Bayham Township Council in making a on April 1, 1997 at 9:15 a.m.at the Township of South-West Oxford for a joint road project for the boundary road known as Pressey Road. 8. PROPERTY,BUILDING&PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 9. FINANCE,ADMINISTRATION& PERSONNEL 1. CORRESPONDENCE& REPORTS (a) Cheque Register for the period ending March 20, 1997 and Cash Requirements for the period ending March 31, 1997. File: F10.3 97-142 Moved by J.Volkaert Seconded by J.Nezezon "THAT the Cash Requirements for the period ending March 31, 1997 be approved for payment; AND THAT the Cheque Register for the period ending March 20, 1997 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES 74 MARCH 20, 1997 9. FINANCE,ADNIINISTRATION &PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (b) Township of Biddulph correspondence seeking endorsement of a resolution regarding the Ontario Farm Rebate Program. File: C9.I 97-143 Moved by J. Volkaert Seconded by J. Barclay "THAT the Township of Biddulph be advised that the Council of the Corporation of the Township of Bayham hereby supports the following resolution: 'WHEREAS the Government of Ontario has announced that the Ontario Farm Rebate Program is being transferred to municipal government and that the mechanism for this will he a new farm land and managed forest property class that will be taxed at 25% of the residential rate; AND WHEREAS it is perceived that such an action and requirement will result in the imposition of an unfair tax burden on the remaining property tax classifications; THEREFORE BE IT RESOLVED THAT the Government of Ontario give its assurance that non farm and non managed forestry properties will not experience property tax increases as a result of the program transfer; AND FURTHER THAT should such an action and requirement become a contributing factor to a property tax increase that the Government of Ontario accept responsibility therefore and undertake to provide municipalities with financial assistance that is sufficient and adequate to negate any resulting increase to property taxation; AND FURTHERMORE this resolution be circulated to all municipalities in Ontario; our MPP Mr. Bruce Smith;Honourable Mike Harris Premier;Honourable Noble Villeneuve,Minister of Agriculture and Food& Rural Affairs; Honourable Al Leach, Minister of Municipal Affairs;Honourable Ernie Eves, Minister of Finance;and A.M.O.'" Disposition: Motion Carried Unanimously (c) Town of Ridgetown correspondence seeking endorsement of a resolution regarding public sector initiatives. File: C9.1 97-144 Moved by J. Volkaert Seconded by J. Barclay "THAT the Town of Ridgetown be advised that the Council of the Corporation of the Township of Bayham hereby supports the following resolution: "WHEREAS significant changes are being made by the Province of Ontario to the governance and service delivery in the Public Sector areas of Municipalities, Education and Health Care; AND WHEREAS the Provincial Government has promoted the "Who Does What?" initiative to review local and provincial roles and responsibilities and has initiated Legislation to reduce bureaucracy and promote financial stability within the Province; AND WHEREAS "Who Does What?"has become "Who Knows What?"as Municipalities,Boards of Education,Hospitals and other affected bodies strive to plan for the future while coping with proposed changes and many unknowns; COUNCIL MINUTES 75 MARCH 20, 1997 9. FINANCE,ADMINISTRATION& PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (c) (continued) AND WHEREAS the Government of Ontario has failed to clearly define service levels and to disentangle the funding and delivery of these services; AND WHEREAS the combination of providing absolute power to Task Forces, Committees and Commissions and the lack of meaningful public consultation has resulted in suppression of the democratic process; AND WHEREAS; because of its fiscally driven agenda, the Province has failed to foresee or recognize the negative impact of such changes to essential services on the people of this Province; THEREFORE BE IT RESOLVED that the Government of the Province of Ontario take no further action nor make any further announcements with respect to Public Sector initiatives until such time as the delivery and fundingqservices to the people of the Province is reviewed and clearly defined and the short and long-term effects are fully known; BE IT THEREFORE RESOLVED that this Resolution be circulated to all Municipalities, all School Boards, the Hospital Association,Public Sector Unions, and any other body in the Province of Ontario affected by the Public Sector initiatives for their endorsement and support; BE IT FURTHER RESOLVED that we and all who support the Resolution so inform the media, the Premier, the Minister of Municipal Affairs and Housing, the Minister of Education and Training, the Minister of Health and local M.P.P.'s" Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 10. ENVIRONMENT 1. CORRESPONDENCE& REPORTS S No Items 2. UNFINISHED BUSINESS No Items COUNCIL MINUTES 76 MARCH 20, 1997 10. ENVIRONMENT (continued) 3. OTHER BUSINESS (a) The Clerk announced that a letter had been received from the Minister of Natural Resources alerting of potential flooding resulting from high lake levels. 97-145 Moved by W. Casier Seconded by J.Nezezon "THAT the correspondence from the Minister of Natural Resources alerting of potential flooding resulting from high lake levels be received and filed." Disposition: Motion Carried Unanimously MOTION TO EXTEND THE LENGTH OF THE MEETING 97-146 Moved by J. Volkaert Seconded by J. Barclay "THAT in accordance with Section 13 of Procedural By-law 95-33, Council shall deal with business until 11:00 p.m. at its meeting of March 20, 1997." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 97-147 Moved by W. Casier Seconded by J.Nezezon "THAT Council do now rise to enter into an "In Camera" Session of Committee of the Whole to discuss a legal and property matter." Disposition: Motion Carried Unanimously 97-148 Moved by J. Nezezon Seconded by W. Casier "THAT the Committee of the Whole do now rise from the "In Camera" Session and submits its report for adoption." Disposition: Motion Carried Unanimously Y. CORRESPONDENCE& REPORTS (a) Confidential Staff Report 97032 providing a legal opinion on unimproved roads. File: L7.2 97-149 Moved by W. Casier Seconded by J. Barclay "THAT Confidential Staff Report 97032 regarding a legal opinion from Gibson,Linton,Toth, Campbell and Bennett dated March 4, 1997 be received." Disposition: Motion Carried Unanimously COUNCIL MINUTES 77 MARCH 20, 1997 11. COMMITTEE OF THE WHOLE (continued) 1. CORRESPONDENCE& REPORTS (continued) (b) Confidential Staff Report 97033 providing a planning opinion on a legal matter. File: D13.1.22 97-150 Moved by J. Barclay Seconded by W. Casier "THAT the correspondence dated October 9, 1996 from Gary Blazak, Cumming Cockburn Limited regarding By-law Z335-95 be received; AND THAT Cumming Cockburn Limited be requested to prepare a Zoning By-law amendment with a "Holding Symbol" for the two lots which are subject to By-law Z335-95, pending resolution of the current development freeze in the Hamlet of Straffordville." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 12. BY-LAWS 97-14 To convey the closed road allowance,Part of Second Street,west of Centre Street, east of Main Street designated as Part 6, 11R-5538 to Danny Charles DePlancke 97-15 Confirming By-law 97-151 Moved by W. Casier Seconded by J. Barclay "THAT By-law 97-14 be read a first and second time." Disposition: Motion Carried Unanimously 97-152 Moved by J. Volkaert Seconded by J.Nezezon "THAT By-law 97-14 be read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 78 MARCH 20, 1997 12. BY-LAWS (continued) 97-153 Moved by W. Casier Seconded by J. Barclay "THAT By-law 97-15 be read a first and second time." Disposition: Motion Carried Unanimously 97-154 Moved by J.Nezezon Seconded by W. Casier "THAT By-law 97-15 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 97-155 Moved by W. Casier Seconded by J.Nezezon "THAT the Council meeting be adjourned at 11:00 p.m." Disposition: Motion Carried Unanimously v ,'4/4atZt.,// 7k:r REEVE CLERK THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO April 3, 1997 9:00 a.m. The regular meeting of Council of the Township of Bayham was held at 9:00 a.m. on Thursday, April 3, 1997 in the Council Chambers. Present were,Reeve Vane Chute,Deputy Reeve Joe Volkaert Sr., Councillors John E. Barclay,Wayne Casier, John Nezezon,Road Superintendent Bob Bartlett, Chief Building Official Dwayne Daniel, Fire Chief Ken Laemers,Deputy Fire Chief Merlin Norris,Administrator Treasurer Lynn S. Buchner and Clerk Maureen Beatty. 1. CALL TO ORDER Reeve Chute called the meeting to order at 9:00 a.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No member of Council disclosed a pecuniary interest and the general nature thereof. 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES (a) 97-156 Moved by J. Barclay Seconded by J.Nezezon "THAT the Minutes of the Regular Council Meeting held March 20, be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 9:25 a.m. -Robert Cain, representing himself appeared and discussed the status of the unopened road allowance which exists between his property and property owned by Mr. and Mrs. Lee Ball, Part Lot 126, Concession STR. Mr. Cain was concerned about his neighbour's recent actions to alter the condition of the road allowance by moving sod and soil. Mr. Cain asked for clarification of ownership of the road allowance. He noted that he has maintained the grassed area for the past eight years and the Township has provided snow clearing for approximately four years. Council aifreed that ownership and legal status should be determined and subsequently passed a motion to forward a letter to Mr. Ball asking that any further activities to alter the unopened road be stopped —See Item 7.3(a). (b) 9:45 a.m. —Jack Petrie, representing Fraser DeLaplante appeared and sought Council's preliminary comments about a proposed severance on Part Lots 17 and 18, Concession 1. Mr. Petrie explained that the area of the subject parcel is slightly under 50 acres on the north side of County Road No. 42 (Lakeshore Line). His client is proposing to sever the land into three individual parcels containing approximately sixteen acres apiece. He would retain one parcel and sell the remainder to the property owner to the north who currently rents the agricultural land. Council advised that the proposal would not be in keeping with the Township's official plan and similar requests had been denied in the past. Therefore,should an application be made to the County of Elgin Land Division Committee for severance, the Township would be recommending refusal: COUNCIL MINUTES 80 APRIL 3, 1997 4. DELEGATIONS (continued) (c) Hilda Innis, a Pressey Road resident was in attendance and indicated that she would like the ditch in front of her property cleared out,North Part Lot 1, Concession 10. Further, she enquired about the status of the South-West Oxford position with regard to improvements proposed to Pressey Road. She was advised that no response had yet been received from South-West Oxford (d) 10:45 a.m.—Chief Building Official Dwayne Daniel appeared and discussed Items 7.2(b), 8.1 (a) and 8.2 (a). (e) 11:20 a.m.—Fire Chief Ken Laemers and Deputy Fire Chief Merlin Norris were in attendance and discussed the proposed 1997 Fire Department budget. Council agreed to accept the Fire Department Budget which includes the purchase of a Rescue Van in 1997. (f) 1:15 p.m.—Road Superintendent Bob Bartlett was in attendance and discussed the proposed 1997 Roads Department budget. Council agreed to accept the road Department Budget as amended and would revisit the actual road construction projects in May to determine priority and appropriate allocation of expenditures. 5. INFORMATION ITEMS 97457 Moved by J.Nezezon Seconded by J. Barclay "THAT Information Items 5(b)- 5(m) be received and filed." Disposition: Motion Carried Unanimously (a) Bayham Community Health Centre Committee Agenda for the meeting to be held April 21, 1997. 97-158 Moved by J.Barclay Seconded by J.Nezezon "WHEREAS,the Ministry of Health provides recruitment assistance and incentives to physicians under the Underserviced Area Program; AND WHEREAS, the Bayham Community Health Centre Committee has been struck in response to increasing constraints imposed upon local health care services and to recruit a general/family practitioner to improve the service to our Community; THEREFORE BE IT RESOLVED, that the Council of the Corporation of the Township of Bayham hereby endorses an application to the Ministry of Health to designate the Township of Bayham as underserviced for generaUfamily practitioners; AND THAT a copy of this resolution be forwarded to the Dr. C. L. Leatherdale, Thames Valley District Health Council,Elgin-St. Thomas Health Unit, Victorian Order of Nurses—Elgin Area, and the councils of the surrounding municipalities, including Elgin County Council, for their endorsement." Disposition: Motion Carried Unanimously COUNCIL MINUTES 81 APRIL 3, 1997 5. INFORMATION ITEMS (continued) 97-159 Moved by J.Volkaert Seconded by W. Casier "THAT Mr.Jesse Dennis be appointed to serve on the Bayham Community Health Centre Committee as a citizen representative, effective April 3, 1997." Disposition: Motion Carried Unanimously (b) Cowan News Publication-Frank Cowan Company Limited,March, 1997. (Received and Filed) File: M6.1 (c) Minister Without Portfolio Responsible For Seniors correspondence regarding the 1997 Senior Achievement Awards. (Received and Filed) File: M2.1 (d) Middlesex-Elgin Community Leaders' Letter for March/April, 1997. (Received and Filed) File: M6.6 (e) Ministry of Citizenship, Culture and Recreation correspondence regarding the Community Action Award Program. (Received and Filed) File: M2.1 (f) Ministry of Municipal Affairs and Housing News Release dated March 24, 1997 regarding Changes proposed to the New Development Charges Act. (Received and Filed) File: A16.7 (g) Ontario Public Service Employees Union correspondence regarding Association of Municipalities of Ontario Municipal Alert dated February 3, 1997 regarding the transfer to the municipalities of services by the Province. (Received and Fled) File: A16.1 (h) Town of Belle River correspondence to the Minister of Municipal Affairs requesting that the 1997 municipal election be delayed pending completion of the restructuring process. (Received and Filed) File: C7.1 (i) Ontario Good Roads Association '97 Conference Reporter, February 26, 1997. (Received and Filed) File: M6.5 (j) Municipal Matters-Mattes/Evans,Barristers and Solicitors,March 1997. (Received and Filed) File: M6.1 COUNCIL MINUTES 82 APRIL 3, 1997 5. INFORMATION ITEMS (continued) (k) Long Point Region Conservation Authority 1996 Annual Report. (Received and Filed) File: A1.6.6 (1) Township of Malahide Notice of Passing of Zoning By-law. (Received and Filed) File: C9.1 (in) Ontario Provincial Police correspondence regarding amendments to the Police Services Act and provision of services. (Received and Filed) File: P13.1 6. PLANNING,DEVELOPMENT &RECREATION 1. CORRESPONDENCE&REPORTS (a) Proposed severance by Fraser DeLaplante, Part Lots 17 and 18, Concession 1. File: D01 Jack Petrie,representing Mr. DeLaplante appeared as a delegation and asked for Council's comments about a proposed severance of Part Lots 17 and 18, Concession 1. He noted that his client proposed to sever a parcel approximately 50 acres in size into three 16±acre parcels. Further,he intended to retain one parcel and sell the remaining two parcels to the property owner to the north. Council did not support the proposal on the basis that it is not in keeping with the Township's Official Plan. 2. UNFINISHED BUSINESS (a) Adoption of Official Plan Amendment No. 104—Paul and Jose DePlancke,Part Lot 16, Concession 8. File: D8.1 97-160 Moved by W. Casier Seconded by J. Volkaert "THAT By-law 97-17,being a by-law to adopt Amendment No. 104 to the Township's Official Plan to facilitate the creation of an Estate Residential Lot on Part Lot 16, Concession S by Paul and Jose Deplancke, be presented to Council for enactment." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS (a) The Clerk advised Council that Mr. John Wiggers had requested an amendment to the March 2e, 1997 Council Resolution No. 97-134 which imposed a condition for severance approval for the payment of$2,500.00 cash in lieu of park dedication. Mr. Wiggers pointed out that while six lots are being created,there were four lots of record according to an old plan. Therefore,he should only be required to pay$1,000.00 for the creation of two new lots in addition to the exiting four lots. Council did not concur with Mr. Wiggers'request in view of the fact that the proposed lot do not resemble the old Park Lots nor were they individually assessed as such. Further, Council confirmed that Part 10 identified on the Draft Reference Plan would be purchased by the Township for road widening purposes. COUNCIL MINUTES 83 APRIL 3, 1997 6. PLANNING,DEVELOPMENT &RECREATION (continued) 4. PUBLIC MEETINGS None 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS (a) Township of Malahide proposed road closing, Townline Road—Springerhill Road South. File: T9.1 97-161 Moved by W. Casier Seconded by J.Nezezon "THAT the Township of Malahide be advised that the Township of Bayham is in agreement in principle, to share the legal cost and necessary survey to stop up and close the unopened road allowance located on the Bayham Malahide Townline from Springerhill Road, south to the intersection with Richmond Road, provided that no property owners are affected with regard to access; AND THAT the Township of Malahide be requested to provide additional detail regarding exact location of the proposed closure and anticipated total cost of the closure." Disposition: Motion Carried Unanimously (b) Update from the Chief Building Official and Drainage Superintendent Dwayne Daniel regarding the drainage problem identified in Concession 2,North Part Lot 3. (Dan Sekerak). After discussing this matter at length, Council determined that the preferred method of resolving the drainage issue at the above location is with the installation of a Municipal Drain as it would serve as a long term solution. 97-162 Moved by J. Volkaert Seconded by J. Barclay "THAT the Road Superintendent be authorized to commence proceedings for a Municipal Drain Petition to resolve the drainage problem experienced in the area identified as the North Part of Lot 3, Concession 2. Disposition: Motion Carried Unanimously COUNCIL MINUTES 84 APRIL 3, 1997 7. ROADS,AGRICULTURE &DRAINAGE (continued) 3. OTHER BUSINESS (a) Status of Unopened Road Allowance on Part Lot126, Concession STR between properties owned by Robert Cain and Lee Ball. 97-163 Moved by W. Casier Seconded by J.Nezezon "THAT staff be directed to forward a hand-delivered letter to Lee Ball requesting that all activity on the unopened road allowance on Part Lot 126, Concession STR between properties owned by Robert Cain and Lee Ball be stopped immediately, pending investigation by staff of ownership; AND THAT staff be further directed to investigate ownership with the assistance of the Township's solicitor, if required." Disposition: Motion Carried Unanimously 8. PROPERTY,BUILDING&PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Staff Report providing the list of building permits issued for the month of March, 1997. File: P18.1 97-164 Moved by J. Barclay Seconded by J.Nezezon "THAT the Building Permits for the month of March, 1997 be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Chief Building Official Dwayne Daniel provided an update on identified deficiencies in Township owned buildings. He noted that to date,most of the required work had been completed. File: P5.1 3. OTHER BUSINESS No Items 9. FINANCE,ADMINISTRATION &PERSONNEL 1. CORRESPONDENCE& REPORTS (a) Port Burwell Baseball Association correspondence requesting a grant to offset expenses. File: F11.6 97-165 Moved by J.Volkaert Seconded by J.Barclay "THAT a donation of$200.00 be made to the Port Burwell Baseball Association in 1997." Disposition: Motion Carried COUNCIL MINUTES 85 APRIL 3, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL 1. CORRESPONDENCE& REPORTS (continued) (b) Town of Goderich correspondence seeking endorsement of a resolution to support the London Hydro Commissioners' position. File: C9.1 97-166 Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence from the Town of Goderich seeking endorsement of a resolution to support the London Hydro Commissioners' position be received and filed." Disposition: Motion Carried Unanimously (c) Cheque Register for the period ending March 31, 1997 and Cash Requirements for the Period ending April 20, 1997. File: F10.3 97-167 Moved by J.Volkaert Seconded by J.Barclay "THAT the Cash Requirements for the period ending April 20, 1997 be approved for payment; AND THAT the Cheque Register for the period ending March 31, 1997 be approved." Disposition: Motion Carried Unanimously (d) Staff Report 97036 regarding the 1997 Operating Budget. File: F5.2 Council reviewed the 1997 proposed Budget, as amended, in detail and agreed that the Administrator Treasurer present a final summary and mill rate calculation worksheet for Council's approval at the next regular Council meeting scheduled to be held Thursday,April 17, 1997. (e) Staff Report 97035 regarding a request for financial assistance by Straffordville Minor Ball. File: F5.2.3 97-168 Moved by W. Casier Seconded by J. Barclay "THAT Staff Report 97035 from the Administrator Treasurer regarding a request for a financial contribution of$2,500 in the 1997 fiscal year or financial assistance by the provision of a debenture in the amount of$10,000 to be paid over four or five years be received; AND THAT the Council of the Township of Bayham authorizes the Township's Administrator Treasurer to issue a debenture using funds from the Cemetery Care and Maintenance Fund in the amount of$10,000.00, bearing an interest rate of 5% per annum,to be repaid by annual instalments of$2,317.17 over a five year term." Disposition: Motion Carried Unanimously COUNCIL MINUTES 86 APRIL 3, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) 1. CORRESPONDENCE& REPORTS (continued) (f) County of Elgin correspondence advising of the 1997 County Rates. File: F1.1 97-169 Moved by J.Volkaert Seconded by W. Casier "THAT the correspondence from the County of Elgin advising of the 1997 County Rates be adopted." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) The Administrator Treasurer Lynn S. Buchner announced that the Ministry of Municipal Affairs indicated they expected the Elgin County Restructuring Proposal to be approved by the Minister within 4-6 weeks. She requested that once established,if the Implementation Committee could consider staffing issues with high priority to ensure staff morale or staff complement does not deteriorate. 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 11. COMMITTEE OF THE WHOLE 97-170 Moved by J. Barclay Seconded by J.Nezezon "THAT Council do now rise to enter into an "In Camera" Session of Committee of the Whole to discuss legal opinions on property matters." Disposition: Motion Carried Unanimously COUNCIL MINUTES 87 APRIL 3, 1997 11. COMMITTEE OF THE WHOLE (continued) 97-171 Moved by W. Casier Seconded by J. Barclay "THAT the Committee of the Whole do now rise from the "In Camera" Session and presents its report for adoption." Disposition: Motion Carried Unanimously I. CORRESPONDENCE& REPORTS (a) Willms & Shier, Banisters & Solicitor correspondence providing legal opinions on two property matters. 97-172 Moved by J. Volkaert Seconded by J. Barclay "THAT staff be directed to forward a letter to Richard Vanseveren,Brimage, Tyrrell,Van Severen and Homeniuk,Barristers and Solicitors stating that Bayham Township Council reaffirms its position that no trees will be removed at the Stanton Cemetery; AND THAT the Township accepts no liability for damages claimed by Mrs. Rose Pihokker". Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 12. BY-LAWS 97-4 A By-law to amend By-law 94-8,to regulate,restrict and prohibit the keeping and running at large of dogs. 97-17 A By-law to adopt Amendment No. 104 to the Official Plan—Paul and Jose DePlancke 97-18 Confirming By-law 97-173 Moved by J. Volkaert Seconded by W. Casier "WHEREAS By-law 97-4, being a by-law to amend By-law No. 94-8 to regulate, restrict and prohibit the keeping and running at large of dogs in the Township of Bayham was inadvertently omitted from the April 3, 1997 Council Agenda; NOW THEREFORE notice be hereby waived and By-law 97-4 be presented to Council for enactment." Disposition: Motion Carried Unanimously COUNCIL MINUTES 88 APRIL 3, 1997 12. BY-LAWS (continued) 97-174 Moved by W. Casier Seconded by J. Barclay THAT By-laws 97-4 and 97-17 be read a first and second time." Disposition: Motion Carried Unanimously 97-175 Moved by J. Barclay Seconded by W. Casier "THAT By-laws 97-4 and 97-17 be read a third time and finally passed." Disposition: Motion Carried Unanimously 97-176 Moved by J. Volkaert Seconded by W. Casier "THAT By-law 97-18 be read a first and second time." Disposition: Motion Carried Unanimously 97-177 Moved by W. Casier Seconded by J. Volkaert "THAT By-law 97-18 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 97-178 Moved by W. Casier Seconded by J. Volkaert "THAT the Council meeting be adjourned at 4:25 p.m." Disposition: Motion Carried Unanimously 4441,00_,Itz einet REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O.BOX 160 STRAFFORDVILLE, ONTARIO April 17, 1997 7:00 p.m. The regular meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday, April 17, 1997 in the Council Chambers. Present were, Reeve Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors John E. Barclay, Wayne Casier, John Nezezon, and Clerk Maureen Beatty. 1. CALL TO ORDER Reeve Chute called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councillor Casier disclosed a pecuniary interest and the general nature thereof with regard to Item 9.1 (b)and refrained from discussing and voting on the mater.—He had an agreement with CP Rail for land and there is potential for a similar agreement with the current owners. 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES (a) 97-179 Moved by J. Nezezon Seconded by J. Barclay "THAT the Minutes of the Regular Council Meeting held April 3, 1997 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:05 p.m.—Dawn and Mario Vezina, Straffordville Optimist Club appeared and requested an amendment to By-law No. 2344 to permit the sale of fireworks on Victoria Day in additional to seven days prior to the holiday and two days after. They noted that other Optimist Clubs in various municipalities are permitted this privilege. They reported that the fireworks would be sold from the garage owned by Harold Dennis on Main Street in Straffordville. Council approved the request and directed the Clerk to present an amending by-law to Council at the next regular meeting. - See Item 8.1 (a) (b) 7:45 p.m. -John Gilvesy did not appear to represent Paul and Mary Lee Ens to discuss a proposed retirement lot on Part Lot 118, STR. See Item 6.1 (a) (c) 8:00 p.m.—Rob and Barbara Dacho appeared and requested comments about the possibility of rezoning Part Lot 20, Concession North Gore to a Special Rural Residential Zoning Designation to permit a greenhouse. Mr. Dacho stressed that if permitted,they would be operating a small nursery business of primarily seasonal stock as well as pottery,however, no soil would be sold. They proposed the greenhouse to be located on the north end of the property as there are currently two entrances. - See Item 6.1 (b) COUNCIL MINUTES 90 APRIL 17, 1997 4. DELEGATIONS (continued) (d) 8:15 p.m.—Judy Oldham appeared and requested preliminary comments on a proposed severance and closure of an unopened road allowance,Part Lots 20 and 21, Concession 8. She indicated that her proposal included the severance of an agricultural parcel on the south part of Lot 21 which, if approved will be joined with the agricultural parcel to the west owned by Peter and Anna Krahn. Further, she presented a written request signed by herself and Peter Khran to officially stop up, close and convey the unopened road allowance between Lots 20 and 21 to Peter and Anna Krahn. The Clerk advised that Judy Oldham's Roal is to seek an official plan amendment to extend the Eden Hamlet boundary westerly to facilitate the creation of lots along County Road No. 44. However, in the interim, it will be necessary for the subject retained i arcel to be rezoned to a S,ecial A! icultural Zonin, desi!nation. —See Item 6.1 (c). 5. INFORMATION ITEMS 97-180 Moved by J. Volkaert Seconded by J.Nezezon "THAT Information Items 5(a) -5(h) be received and filed." Disposition: Motion Carried Unanimously (a) Long Point Region Conservation Authority Annual meeting minutes—February 28, 1997. (Received and Filed) File: A16.6 (b) Three County Recycling&Composting Inc.Press Release regarding Recycling Week. April 21-27, 1997. (Received and Filed) File: E7.2 (c) Association of Municipalities of Ontario"Update",Winter, 1997. (Received and Filed) File: A1.2 (d) Aylmer Express Newspaper Article"No-Till Funding Available for Farmers in the Lower Big Otter Watershed." (Received and Filed) File: A16.6 (e) Dalton J. P.McGuinty,M.P.P.,correspondence dated April 3, 1997 regarding the final report of the Liberal Caucus Community Impact Review Committee. (Received and Filed) File: L10.1 (f) Township of Malahide Notice of Passing of Zoning By-law. (Received and Filed) File: C.09 COUNCIL MINUTES 91 APRIL 17, 1997 5. INFORMATION ITEMS (continued) (g) Ontario Hydro correspondence to Town of Goderich in response to their recent Council Resolution about London Hydro activities. (Received and Filed) File: C9.1 (h) City of Stratford correspondence announcing"Municipal Night"at Stratford Festival, Thursday, June 12, 1997. (Received and Filed) File: RO 6. PLANNING,DEVELOPMENT &RECREATION 1. CORRESPONDENCE& REPORTS (a) Pre-consulting by John Gilvesy on behalf of Paul and Mary Lee Ens regarding a proposed retirement lot,Part Lot 118, STR. File: DO1 97-181 Moved by W. Casier Seconded by J.Barclay "THAT John Gilvesy be advised that subject to the Township receiving a formal application by Paul and Mary Lee Ens to rezone Part Lot 118, Concession STR to a Rural Residential Designation to facilitate the severance of a parcel to create a retirement lot on Part Lot 118, Concession STR,the Township would be prepared to recommend approval subject to any necessary conditions being imposed." Disposition: Motion Carried Unanimously (b) Pre-consulting by Rob and Barbara Dacho regarding a proposed rezoning of Part Lot 20, concession North Gore to permit a greenhouse. Council expressed concern about a commercial business operating on the property in view of the location of the driveways in close proximity to the Black Bridge Hill. Mr. and Mrs.Dacha were advised that Council would support a small greenhouse for personal home occupation use,however, anything further would require public input and comments from the County Engineer about ingress and egress. File: DO1 —See Delegation 4 (c) (c) Pre-consulting by Judy Oldham regarding a proposed severance of a portion of her property to be sold to an adjoining property owner and a request for the conveyance of an unopened road allowance between Lots 20 and 21, Concession 8. File: P.0.1.2.3 97-182 Moved by W. Casier Seconded by J.Volkaert "THAT Judy Oldham be advised that subject to the Township receiving a formal application to rezone Part Lot 21, Concession 8 to a Special Agricultural Al Zoning for an undersized parcel and application to sever a parcel south of the gully to be joined with the property to the west,the Township would be prepared to recommend approval subject to any necessary conditions being imposed; AND FURTHER THAT the request by Judy Oldham and Peter Krahn to stop up and close the road allowance between Part Lots 20 and 21,Concession 8 be accepted to be considered by Council concurrent with the development applications." Disposition: Motion Carried Unanimously COUNCIL MINUTES 92 APRIL 17, 1997 6. PLANNING, DEVELOPMENT &RECREATION (continued) 1. CORRESPONDENCE& REPORTS (continued) (d) County of Elgin Land Division Committee Application No. E 28/97—Elwood Morrison, Part Lots 5 and 7, Concessions 3 and 4. File: D9.2.97 97-183 Moved by J. Barclay Seconded by W. Casier "THAT the County of Elgin Land Division Committee be advised that the Township of Bayham recommends approval of the Application for Consent to Sever E 28/97 by Elwood Morrison for Part Lots 5 and 6,Concessions 3 and 4 subject to the following condition: a) A copy of any survey plan prepared be deposited with the Township of Bayham" Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Verbal Update on the proposal by the Straffordville Lions Club regarding parking and fencing at the Bayham Community Centre and Park. File: R4.2 Councillor Casier reported that the Community Centre and Recreation Board discussed the proposal at their previous meeting and members were in agreement with the proposal. However,the Straffordville Minor Ball Association requested access to a key for emergency purposes to be place din the utility shed adjacent to the food both and ball diamond. After a brief discussion, Council directed staff to forward a letter to the Association stressing that a key would be available for emergency purposes only. 3. OTHER BUSINESS (a) Councillor Casier advised Council that the person who provided grass cutting services at the Corinth Park in 1996 has requested a pay increase for 1997. He agreed to request the individual to provide a written contract proposal for Council's consideration. (b) The Clerk requested clarification about the Township's policy and practice concerning multiple residential dwellings being constructed on agricultural lots. She was instructed to obtain a written explanation from Cumming Cockburn Limited. (c) Councillor Barclay advised that Butler Fencing will be installing the new backstop at the Richmond Ball Diamond to be funded by the Lions Club at a cost of$2,930.00. Additionally,the Richmond Ball Club will be reimbursing the Lions Club($570.00 plus gst)for a twenty foot extension on the north side of the diamond. 4. PUBLIC MEETINGS None COUNCIL MINUTES 93 APRIL 17, 1997 7. ROADS,AGRICULTURE &DRAINAGE .1. CORRESPONDENCE&REPORTS (a) Deputy Reeve Volkaert presented a written petition received from residents on Light Line, requesting that the portion.of Light Line west of Bogus Road be tarred and chipped in 1997. File: T6.1 Staff was directed to arrange a road tour of high priority projects prior to the meeting. 97-184 Moved by J. Volkaert Seconded by J. Barclay "THAT the petition submitted by residents on Light Line,west of Bogus Road be accepted and discussed further by Council at the meeting to be held in May for road project prioritization." Disposition: Motion Carried Unanimously (b) Staff Report 97041 presenting a Drain petition by the Road Superintendent with regard to Lot 3, Concession 3,NS Vienna. 97-185 Moved by W. Casier Seconded by J.Volkaert "THAT the services of John Spriet and Associates, Consulting Engineers be retained to examine the area described in the Drain Petition for the area including Lot 3, Concession 2,in the Township of Bayham and to proceed with the necessary steps in accordance with the Drainage Act." Disposition: Motion Carried Unanimously (c) Staff Report 97042 regarding amendments to the original plans for the drainage works for the Bartley Drain Branch"A". File: DB1.3 97-186 Moved by J Volkaert Seconded by J. Barclay "THAT in accordance with Section 8 (1) of the Drainage Act, the Council of the Township of Bayham authorizes John Spriet,of Spriet Associates Consulting Engineers to make the appropriate amendments to the original plans for the drainage works initiated under the name and description of Bartley Drain Branch "A" to include an examination of the area described in the petition dated April 10, 1997 for drainage works and proceed with the necessary steps in accordance with the Drainage Act." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Township of Malahide correspondence about the proposed closure of the unopened road allowance— Springer Hill Road—Richmond Road. File: T9.4 The Clerk was directed to meet with the C.A.O./Clerk to discuss the matter further and to report back to Council. COUNCIL MINUTES 94 APRIL 17, 1997 7. ROADS,AGRICULTURE &DRAINAGE (continued) 2. UNFINISHED BUSINESS (continued) (b) Staff Report 97038 from the Administrator regarding the unopened road allowance situated on Part Lot 126, STR. File: T9.4 97-187 Moved by W. Casier Seconded by J.Nezezon "THAT Staff Report 97038 regarding the unopened road, part Lot 126, STR which accesses property owned by Robert Cain and Lee Ball be received; AND THAT this matter be discussed further at the meeting scheduled to be held in May to prioritize road projects." Disposition: Motion Carried Unanimously (c) Councillor Nezezon reported that Road Superintendent Bob Bartlett and the South-West Oxford Road Superintendent jointly examined the condition of Pressey Road. He was hopeful that resurfacing would be favourable considered by South-West Oxford Council as 1997 project. 3. OTHER BUSINESS No Items 8. PROPERTY,BUILDING& PROTECTIVE SERVICES 1. CORRESPONDENCE& REPORTS (a) Request from the Straffordville Optimist Club to amend By-law 2344 to permit the selling of fireworks to include Victoria Day. File: P1.1 97-188 Moved by W. Casier Seconded by J. Barclay "THAT the request from the Straffordville Optimist Club to amend By-law 2344, which sets out the time period allowed for offering fireworks for sale be accepted; AND THAT staff be directed to present an amending by-law to Council to permit the sale of fireworks for the following period: `Seven days prior to the holiday known as Victoria Day, on Victoria Day and two days immediately following Victoria Day.' " Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items COUNCIL MINUTES 95 APRIL 17, 1997 9. FINANCE, ADMINISTRATION &PERSONNEL 1. CORRESPONDENCE& REPORTS (a) Town of Gananoque correspondence seeking endorsement of a resolution regarding a proposed amendment to Bill 105 concerning the Police Services Act. File: C9.1 97-189 Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence from the Town of Gananoque seeking endorsement of a resolution to request an amendment to Bill 105,to amend the Police Services Act which would allow municipalities to enter into agreements with other municipalities to provide all police services be received and filed." Disposition: Motion Carried Unanimously (b) Staff Report 97039 from the Administrator Treasurer regarding three 442 applications for tax exemption. File: F22.2 97-190 Moved by J. Barclay Seconded by J.Nezezon "THAT consideration of Staff Report 97039 regarding a request for a tax exemption for Roll Nos.9-018-00,9-018-10 and 9-018-05 be deferred until the next regular meeting to be held May 1, 1997." Disposition: Motion Carried Unanimously (c) Cheque Register for the period ending April 20, 1997 and Cash Requirements for the period ending April 30, 1997. File: F10.3 97-191 Moved by W. Casier Seconded by J.Volkaert "THAT the Cash Requirements for the period ending April 30, 1997 be approved for payment; AND THAT the Cheque Register for the period ending April 20, 1997 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES 96 APRIL 17, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) 2. UNFINISHED BUSINESS (a) Staff Report 97036 presenting the revised 1997 Operating Budget. File: F5.2 97-192 Moved by J.Nezezon Seconded by J. Volkaert "THAT amended Staff Report 97036 from the Administrator Treasurer regarding the Draft 1997 Operating Budget be received; AND THAT the Council of the Township of Bayham adopts the 1997 Operating Budget, as amended, and hereby sets the Township's Commercial Mill Rate at 149.447 and the Residential/Farm Mill Rate at 85% of the Commercial Mill Rate, (127.030)." Disposition: Motion Carried Unanimously (b) 1997 Appointment to the Long Point Region Conservation Authority. 97-193 Moved by J. Barclay Seconded by W. Casier "THAT.Jack Petrie be appointed to the Long Point Region Conservation Authority for 1997 to represent the Townships of Bayham and Malahide and the Villages of Vienna and Port Burwell." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS No Items 10. ENVIRONMENT 1. CORRESPONDENCE &REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items COUNCIL MINUTES 97 APRIL 17, 1997 MOTION TO EXTEND THE LENGTH OF THE MEETING 97-194 Moved by J.Nezezon Seconded by J. Barclay "THAT in accordance with Procedural By-law 95-33, business shall be conducted at the regular Council Meeting held April 17, 1997 until 11:00 p.m." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 97-195 Moved by W. Casier Seconded by J.Volkaert "THAT Council do now rise to enter into an"In Camera" Session of Committee of the Whole to discuss a legal matter." Disposition: Motion Carried Unanimously 97-196 Moved by J.Nezezon Seconded by J.Volkaert "THAT the Committee of the Whole do now rise from the"In Camera" Session without reporting." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE&REPORTS (a) Correspondence from Wil1ms & Shier regarding a property matter was received for information. 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 12. BY-LAWS 97-19 Confirming By-law 97-197 Moved by J. Volkaert Seconded by J.Nezezon "THAT By-law 97-19 be read a first and second time." Disposition; Motion Carried Unanimously COUNCIL MINUTES 98 APRIL 17, 1997 12. BY-LAWS (continued) 97-198 Moved by J. Volkaert Seconded by W. Casier "THAT By-law 97-19 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 97-199 Moved by W. Casier Seconded by J.Nezezon "THAT the Council meeting be adjourned at 11:00 p.m." Disposition: Motion Carried Unanimously ageieet(A4te ".. fedi'"'"' 1.1.• PUTY REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO May 1, 1997 7:00 p.m. The regular meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday, May 1, 1997 in the Council Chambers. Present were,Deputy Reeve Joe Volkaert Sr., Councillors John E. Barclay, Wayne Casier, John Nezezon,Administrator-Treasurer Lynn S. Buchner, Chief Building Official Dwayne Daniel and Clerk Maureen Beatty. 1. CALL TO ORDER Deputy Reeve Volkaert called the meeting to order at 7:00 p.m. ANNOUNCEMENT BY ADMINISTRATOR-TREASURER LYNN S.BUCHNER ABOUT THE RESIGNATION OF D. VANE CHUTE AS REEVE At this point, Administrator-Treasurer Lynn S. Buchner announced that a letter of resignation from D.Vane Chute had been received, effective immediately. She read aloud the letter as follows: "Dear Council, It is with sincere regret that I find it necessary to tender my resignation as of today, April 30, 1997. The past years have been both fulfilling and enjoyable. Working with competent staff and councils have added to that pleasure. The support and co-operation of the residents of the Township has been nothing short of great. I must say that the strain of the past one and a half years have taken a toll on myself and in particular, my health. As Head of Council,I feel that I no longer have the stamina needed for today's times and conditions that are facing the Township. The hours and days needed to fill the role of Reeve have become too demanding for my private and personal life. I am currently investigating a new business pursuit that is requiring more and more of my time and energy. As a result of these pressures,I find it necessary to bow out and let a new Head of Council take over. I would like to sincerely thank Council and staff for their support over the years. It has been a pleasure working with you. To the residents of Bayham,I thank you for the opportunity of serving on Council for the past years. Once again, to Council and staff,I am confident in your abilities and offer you best wishes for the future." Council members expressed their regret and echoed statements that D. Vane Chute's valuable contributions and dedication to Township affairs would be greatly missed. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councillor Casier disclosed a pecuniary interest and the general nature thereof with regard to Item 9.2 (a) and refrained from discussing and voting on the matter.—He had an agreement with CP Rail for land and there is potential for a similar agreement with the current owners. COUNCIL MINUTES 100 MAY 1, 1997 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES (a) 97-200 Moved by W. Casier Seconded by J. Barclay "THAT the Minutes of the Regular Council Meeting held April 17, 1997 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS 7:15 p.m.—Carl Younker and Case DeKraker appeared and requested an update on Council's consideration about providing access to a lot Mr. Younkers is proposing to purchase on the South Part of Lot 112, Concession 7,NTR(North side of Plank Street, north of the Hamlet of Richmond). File: L7.2 - See Item 7.2 (a) (b) 7:30 p.m.—Valerie Clark,Rural Community Advisor, Ministry of Agriculture & Food appeared and discussed the role of the Ministry in providing assistance to municipalities and community groups in rural economic development. She elaborated on the various brochures contained in the Ministry's Information Package which distributed with the agenda. Ms. Clark stressed the Minister's commitment to active involvement in rural affairs. In summary, an example of the types of services provided to communities include facilitation, advice, resources and training. File: A16.11 —See Item 9.1 (a) (c) 8:00 p.m. -Frank Voth did not appear to request preliminary comments on a proposal to rezone the South Part of Lots 20 an 21, Concession 8 to expand the M2-7 Zoning Designation to facilitate an addition to an existing automotive service building. File: DO l - See Item 6.1 (a) (d) 8:15 p.m. -Lloyd Cowan did not appear to discuss concerns about the condition of Ridge Road and to request roadwork to be undertaken in 1997. File: T6.1 -See Item 7.1 (a) 5. INFORMATION ITEMS 97-201 Moved by J. Barclay Seconded by J.Nezezon "THAT Information Items 5(a)-5(1)be received and filed." Disposition: Motion Carried Unanimously (a) Association of Municipalities of Ontario Member Community Policy Summaries regarding Bill 109 (Control of Public Libraries Act),Bill 106 (Fair Municipal Finance Act), and Bill 84 (Fire Protection and Prevention Act). (Received and Filed) File: A1.2 (b) National Emergency Number Association Spring Conference—May 20, 1997 in Brantford. (Received and Filed) File: P2.1 (c) List of Firefighters' Monthly Events. (Received and Filed) File: P12.1 COUNCIL MINUTES 101 MAY 1, 1997 5. INFORMATION ITEMS (continued) (d) Notice of Public meeting and proposed official plan amendment in the Township of Malahide. (Received and Filed) File: C.09 (e) Ontario Good Roads Association—Municipal routes Publication,March 1997. (Received and Filed) File: A16.6 (f) Ministry of Solicitor General and Correctional Services Fire Marshal's "Communique" March 24, 1997. (Received and Filed) File: P12.1 (g) Ministry of Environment and Energy correspondence regarding Bill 107 and the transfer of water or sewage area systems to municipalities. (Received and Filed) File: A16.10 (h) Ministry of Transportation"CMV News"publication. (Received and Filed) File: M6.1 (i) Elgin County Board of Education 1997 School Board Mill Rates/Municipal Requirements. (Received and Filed) File: F22.4, A16.3 6. PLANNING, DEVELOPMENT &RECREATION 1. CORRESPONDENCE& REPORTS (a) Staff Report 97046 from the Clerk regarding a pre-consulting request by Frank Voth to extend the M2-7 Zoning Designation on the South Part of Lots 20 and 21, Concession 8 to allow the construction of an addition to an existing automotive service building. File: D.O1 Council discussed this matter briefly and suggested that a plan be submitted showing the exact proposed zoning boundary lines. 97-202 Moved by W. Casier Seconded by J.Nezezon "THAT Item 6.1 (a) regarding a pre-consulting request by Frank Voth for comments about extending the M2-7 zoning designation approximately 200 feet easterly on Part Lots 20 and 21, Concession 8 to permit the expansion of an existing service shop associated with Frank Voth Sales and Service Inc. be deferred pending receipt of a detailed sketch from Mr.Voth illustrating his proposal with lot lines and dimensions." Disposition: Motion Carried Unanimously COUNCIL MINUTES 102 MAY 1, 1997 6. PLANNING,DEVELOPMENT &RECREATION (continued) 2. UNFINISHED BUSINESS (a) 1997 Maintenance Contract for Corinth Park. File:R3.2 Administrator Treasurer Lynn S.Buchner announced that she had received a written 1997 contract proposal from Joanne Smith for maintenance of Corinth Park. 97-203 Moved by W. Casier Seconded by J.Barclay "THAT the written proposal for 1997 contract maintenance of the Corinth Park submitted by JoAnne Smith in the amount of$1,200.00 be approved." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS (a) Councillor Casier reported that a request had been made by Brownsville Minor Ball for permission to use Corinth Ball Park for up to three evenings per week for practices while their diamond is being reconstructed. Further,they have indicated an interest in using Richmond Ball Park one evening per week. Councillor Casier agreed to organize a meeting with Brownsville Minor Ball and Ken Nesbitt of Corinth Recreation Ciommittee to discuss the proposal. (b) Councillor Barclay advised that Butler Fencing will be installing the new backstop at the Richmond Ball Diamond to be funded by the Lions Club at a cost of$2,930.00. Additionally,the Richmond Ball Club will be reimbursing the Lions Club($570.00 plus gst) for a twenty foot extension on the north side of the diamond. 4. PUBLIC MEETINGS None 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Request from Lloyd Cowan for the Township to consider the inclusion of Ridge Road in the 1997 road improvement program. File: T6.1 97-204 Moved by J.Nezezon Seconded by W. Casier "THAT the request from Lloyd Cowan for the Township to consider the inclusion of Ridge Road in the 1997 road improvement program be accepted and discussed further by Council at the meeting to be held in May for road project prioritization." Disposition: Motion Carried Unanimously COUNCIL MINUTES 103 MAY 1, 1997 7. ROADS,AGRICULTURE & DRAINAGE (continued) 1. CORRESPONDENCE&REPORTS (b) Correspondence from DDM Plastics Inc. requesting the Township to pave the Bayham/Tillsonburg Townline from Clearview Drive north to the end of Bayham Drive at Pressey Road. File: T6.1 97-205 Moved by J. Barclay Seconded by W. Casier "THAT the request from DDM Plastics Inc. for the Township to consider paving the Bayham/Tillsonburg Townline from Clearview Drive north to the end of Bayham Drive at Pressey Road be accepted and discussed further by Council at the meeting to be held in May for road project prioritization." Disposition: Motion Carried Unanimously (c) Tile Drainage Loan Application by Abraham and Tina Peters,Part Lots 7 and 8, Concession 2. File: DT.3.9 97-206 Moved by J Barclay Seconded by J. Nezezon "THAT the Tile Drainage Loan Application by Abraham and Tina Peters, for Part Lots 7 and 8, Concession 2 pursuant to the provisions of the Tile Drainage Act for a Total estimated amount of$6,700.00 be approved; AND THAT staff be directed to process the application in accordance with the Act." Disposition: Motion Carried Unanimously 97-207 Moved by W. Casier Seconded by J.Nezezon "THAT Council Resolution 97-206 enacted May 1, 1997 approving a Tile Drainage Loan Application by Abraham and Tina Peters for Part Lots 7 and 8, Concession 2 be rescinded; AND THAT the following be substituted therefor: "THAT the Tile Drainage Loan Application by Abraham and Tina Peters pursuant to the provisions of the Tile Drainage Act for a total estimated amount of$6,700.00 be approved subject to a proper outlet being available to the satisfaction of the Drainage Superintendent." Disposition: Motion Carried Unanimously COUNCIL MINUTES 104 MAY 1, 1997 7. ROADS,AGRICULTURE &DRAINAGE (continued) 2. UNFINISHED BUSINESS (a) Staff Report 97045 from the Clerk providing an update about a proposal by Carl Younker to construct a residential dwelling on the South Part of Lot 112, Concession 7,NTR, (North side of Plank Street, north of the Hamlet of Richmond)and request Council's consideration in providing access to the subject lot. File: L7.2 97-208 Moved by J.Nezezon Seconded by W. Casier "THAT Staff Report 97045 having reference to a proposal by Carl Younker to construct a home on the south part of Lot 112, Concession 7,NTR and for the Township to provide access to a proposed driveway off Plank Street be accepted; AND THAT the matter be discussed further after the May 9th Road Tour, at which time Council will be seeking advice from the Road Superintendent." Disposition: Motion Carried Unanimously (b) The Administrator-Treasurer confirmed that arrangements have been made for the Road Tour to be held Friday, May 9th, commencing at 9:00 a.m. File: T6.1 3. OTHER BUSINESS (a) Chief Building Official/Drainage Superintendent Dwayne Daniel reported that a drain petition had been submitted to request an additional branch off the Brown Branch of the Fearnley Drain. 97-209 Moved by J. Barclay Seconded by W. Casier "THAT the drainage petition received by the Clerk on May 1, 1997 requesting construction of an additional branch off the Brown Branch of the Fearnley Drain be accepted; AND THAT in accordance with Section 8(1) of the Drainage Act, the Council of the Corporation of the Township of Bayham hereby authorizes staff to retain the services of John Spriet, Spriet Associates, Consulting Engineers to examine the area described in the drain petition as the south half of Lot 8 and Part of Lot 7, Concession 2; AND THAT Spriet Associates be directed to proceed with the necessary steps in accordance with the Drainage Act." Disposition: Motion Carried Unanimously COUNCIL MINUTES 105 MAY 1, 1997 8. PROPERTY,BUILDING &PROTECTIVE SERVICES 1. CORRESPONDENCE& REPORTS (a) Staff Report 97043 from the Clerk presenting By-law 97-20 to amend Fireworks By-law 2344 to permit the sale of fireworks seven days prior to Victoria Day, on Victoria Day and two days following. File: P1.1 97-210 Moved by J. Nezezon Seconded by J. Barclay "THAT Staff Report 97043 regarding an amendment to Fireworks By-law 2344 be accepted; AND THAT Amending By-law 97-20 be presented to Council for enactment." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 9. FINANCE,ADNIINISTRATI.ON&PERSONNEL I. CORRESPONDENCE&REPORTS (a) Correspondence and Information Package from Valerie Clark, Rural Community Advisor, Ministry of Agriculture and Food regarding the role of the Ministry in rural economic development. File: A16.11 97-211 Moved by W. Cosier Seconded by J.Nezezon "THAT the presentation by Valerie Clark,Rural Community Advisor,Ministry of Agriculture and Food about the role of the Ministry in rural economic development be accepted." Disposition: Motion Carried Unanimously (b) Gar Knutson, MP, Elgin-Norfolk correspondence regarding an Agreement between the federal government and Ontario for infrastructure funding. File: A16.1 97-212 Moved by J.Barclay Seconded by J.Nezezon "THAT the correspondence frorri Gar Knutson, MP, Elgin-Norfolk regarding an agreement between the federal government and Ontario for infrastructure funding be received and filed." Disposition: Motion Defeated Unanimously COUNCIL MINUTES 106 MAY 1, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (continued) (b) (continued) 97-213 Moved by Councillor Barclay Seconded by Councilor Nezezon "THAT the correspondence from Gar Knutson,MP,Elgin-Norfolk regarding an agreement between the federal government and Ontario for infrastructure funding be accepted; AND THAT a letter be forwarded to the Ontario Finance Minister stressing the importance of an agreement between the federal government and Ontario which will benefit the residents of EIgin County." Disposition: Motion Carried Unanimously (c) Town of Tillsonburg correspondence inviting Reeve Chute, Deputy Reeve Volkaert, Councillor Nezezon and Administrator-Treasurer Lynn S. Buchner to the May 8th Inter- Municipal Committee on the Otter Valley Utility Corridor and Recreation Trail Committee to discuss operation and management of the abandoned CP Rail Line. File: D6.2 97-214 Moved by J. Barclay Seconded by J.Nezezon "THAT the correspondence from the Town of Tillsonburg inviting the Reeve, Deputy Reeve, Councillor Nezezon and the Administrator-Treasurer to attend a meeting of the Otter Valley Utility Corridor&Recreation Trail Committee to discuss issues related to its operation and management on May 8, 1997 at 7:00 p.m. be accepted; AND THAT the Town of Tillsonburg be notified that the following representatives of Bayham Township will be attending: • Deputy Reeve Volkaert • Councilor Barclay • Councillor Nezezon • Administrator/Treasurer Lynn S.Buchner" Disposition: Motion Carried Unanimously (d) Cheque Register for the period ending April 29, 1997 and Cash Requirements for the period ending May 20, 1997. File: F10.3 97-215 Moved by J. Barclay Seconded by J.Nezezon "THAT the Cash Requirements for the period ending May 20, 1997 be approved for payment; AND THAT the Cheque Register for the period ending April 29, 1997 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES 107 MAY 1, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) 1. CORRESPONDENCE& REPORTS (continued) (e) Staff Report 97044 from the Administrator-Treasurer providing a Tax Arrears Comparison for the years 1992-1997. File: F23.4 97-216 Moved by J. Barclay Seconded by W. Casier "THAT Staff Report 97044 from the Administrator-Treasurer providing a Tax Arrears comparison for the years 1992-1997 be received." Disposition: Motion Carried Unanimously (f) Operating Budget results for the first quarter of 1997. File: F5.2.2 97-217 Moved by J. Nezezon Seconded by J. Barclay "THAT the Operating Budget results for the first quarter of 1997 be received." Disposition: Motion Carried Unanimously (g) Port Burwell Community Child Care Centre correspondence seeking a donation for the School Age Summer Day Camp Program. File: F27.2 97-218 Moved by J.Nezezon Seconded by J. Barclay "THAT the request by the Port Burwell Community Child Care Centre for a donation to the School Age Summer Day Camp Program be accepted; AND THAT a donation of$200.00 be made to assist the 1997 program." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Staff Report 97039 from the Administrator Treasurer regarding three 442 applications for exempt property. File: F22.2 97-219 Moved by J.Nezezon Seconded by J. Barclay "THAT staff be directed to receive and file the 442 applications for tax exemption pursuant to the provisions of the Assessment Act." Disposition: Motion Carried Unanimously COUNCIL MINUTES 108 MAY I, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) 3. OTHER BUSINESS (a) Decision on the necessity for holding a Council meeting on May 29, 1997. The Clerk was directed to place this item on the next agenda to determine if a further meeting would be required. (b) Verbal Update on the Bayham Community Health Action Committee. Councillor Casier,Chairman of the Bayham Community Health Action Committee advised that at the meeting held on April 19,there was a representative from Port Rowan who explained the process they recently followed for the replacement of a physician and that their organization is self supporting. He explained that aTlxames Valley Health Council representative indicated that West Lorne recently went through a similar process and received a provincial grant for the purpose of building renovation,purchasing equipment and offsetting operating costs. He added that they have a Board of Directors and physicians are paid by salary as opposed to being paid on a fee per visit basis. (c) Resignation of Reeve and declaration of vacant office. File: CO 97-220 Moved by J. Barclay Seconded by J.Nezezon "WHEREAS pursuant to Section 38 of the Municipal Act,R.S.O., Chapter M-45 as amended, on Thursday,May 1, 1997,Reeve Vane Chute served upon the Township of Bayham a letter of resignation as Reeve of the Township, effective immediately; AND WHEREAS Section 43 of the said Municipal Act states that where a seat of a member of Council becomes vacant, the Council shall forthwith declare the seat to be vacant; NOW THEREFORE BE IT RESOLVED THAT effective May 1, 1997, the resignation of Reeve Vane Chute from holding office as Reeve of the Township of Bayham be accepted with deepest regrets; AND THAT the Council of the Corporation of the Township of Bayham hereby declares the Office of the Reeve to be vacant; AND FURTHER THAT Council hereby petitions for a special Council Meeting to be held on Wednesday,May 7, 1997 at 7:00 p.m. for the purpose of filling the vacant seat and any resulting vacant seats on Council." Disposition: Motion Carried Unanimously 10. ENVIRONMENT I. CORRESPONDENCE& REPORTS No Items 2. UNFINISHED BUSINESS No Items COUNCIL MINUTES 109 MAY 1, 1997 10. ENVIRONMENT (continued) 3. OTHER BUSINESS No Items 1. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 12. BY-LAWS 97-20 By-law to amend By-law 2344,regarding the sale of fireworks. 97-21 Confirming By-law 97-221 Moved by J. Barclay Seconded by W. Casier "THAT By-law 97-20 be read a first and second time." Disposition: Motion Carried Unanimously 97-222 Moved by J. Barclay Seconded by J.Nezezon "THAT By-law 97-20 be read a third time and finally passed." Disposition: Motion Carried Unanimously 97-223 Moved by J. Nezezon Seconded by W. Casier "THAT By-law 97-21 be read a first and second time." Disposition: Motion Carried Unanimously 97-224 Moved by W. Casier Seconded by J. Barclay "THAT By-law 97-21 be read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 110 MAY 1, 1997 13. ADJOURNMENT 97-225 Moved by J. Barclay Seconded by W. Casier "THAT the Council meeting be adjourned at 10:30 p.m." Disposition: Motion Carried Unanimously /5112‘44.%- g124r. - , UTY REEVE CLERK SPECIAL COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO May 7, 1997 7:00 p.m. The special meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday, May 7, 1997 in the Council Chambers. Present were, Deputy Reeve Joe Volkaert Sr., Councillors John E. Barclay, Wayne Casier, John Nezezon, Administrator-Treasurer Lynn S. Buchner and Clerk Maureen Beatty. 1. CALL TO ORDER The Clerk called the meeting to order at 7:00 p.m. and announced that she would be acting as Presiding Officer at the Special Council Meeting which had been scheduled for the purpose of addressing the vacant position of Reeve. This vacancy resulted from the resignation of Vane Chute on May 1, 1997. She noted that pursuant to the requirements of the Municipal Act, Council, at its meeting held May 1, 1997 declared the position of Reeve to be vacant. Further, any vacancy on Council for the positions of either Reeve of Deputy Reeve must be filled by appointing a current Council Member to that position, thereby creating a further vacancy. The Clerk advised that all motions regarding appointments at the special meeting would be voted on by Recorded Vote and a majority vote would be necessary in order for the motions to carry. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No Member of Council declared a pecuniary interest. 3. APPOINTMENT OF REEVE (a) The Clerk called for a motion to nominate a current member of Council for the position of Reeve. 97-226 Moved by J. Barclay Seconded by W. Casier "THAT the following Council member be nominated for the position of Reeve for the Township of Bayham: JOSEPH VOLKAERT." Disposition: Motion Carried Unanimously on a Recorded Vote RECORDED VOTE Councillor Barclay For Councillor Casier For Councillor Nezezon - For Deputy Reeve Volkaert For Deputy Reeve Volkaert indicated his willingness to accept the position of Reeve, if appointed, and noted that although it would be a challenging task to carry on from the previous Reeve, he had confidence that the balance of the year would be challenging. COUNCIL MINUTES 112 May 7, 1997 3. APPOINTMENT OF REEVE (continued) (b) The Clerk called for a motion to appoint Deputy Reeve Joe Volkaert to the position of Reeve for the remainder of the termsf termsCouncil. 97-227 Moved by W. Casier Seconded by J.Barclay "THAT Joseph Volkaert be appointed to the position of Reeve to serve the remainder of the term of Council for the Township of Bayham." Disposition: Motion Carried Unanimously on a Recorded Vote RECORDED VOTE Councillor Barclay - For Councillor Casier - For Councillor Nezezon - For Deputy Reeve Volkaert - For 4. DECLARATION OF VACANT POSITION AND APPOINTMENT OF DEPUTY REEVE (a) The Clerk called for a motion to declare vacant the position of Deputy Reeve 97-228 Moved by J.Nezezon Seconded by W. Casier "THAT as a result of the appointment of Joseph Volkaert to the position of Reeve, in accordance with Section 43 of the Municipal Act,R.S.O., 1990, Chapter M.45, as amended, Council hereby declares vacant the position of Deputy Reeve." Disposition: Motion Carried Unanimously on a Recorded Vote RECORDED VOTE Councillor Barclay - For Councillor Casier - For Councillor Nezezon - For Deputy Reeve Volkaert • For (b) The Clerk called for a motion to nominate a current member of Council for the position of Deputy Reeve. 97-229 Moved by J. Volkaert Seconded by J. Barclay "THAT the following Council Member be nominated for the position of Deputy Reeve for the Township of Bayham: JOHN NEZEZON." Disposition: Motion Carried Unanimously on a Recorded Vote RECORDED VOTE Councillor Barclay - For Councillor Casier - For Councillor Nezezon - For Deputy Reeve Volkaert - For Councillor Nezezon indicated his willingness to accept the position of Deputy Reeve, if appointed, and expressed appreciation for the support he has received.. COUNCIL MINUTES 113 May 7, 1997 4. DECLARATION OF VACANT POSITION AND APPOINTMENT OF DEPUTY REEVE (continued) (c) The Clerk called for a motion to appoint John Nezezon to the position of Deputy Reeve to serve the remainder of the term of Council. 97-230 Moved by J. Volkaert Seconded by W. Casier "THAT John Nezezon be appointed to the position of Deputy Reeve to serve the remainder of the term of Council for the Township of Bayham." Disposition: Motion Carried Unanimously on a Recorded Vote RECORDED VOTE Councillor Barclay - For Councillor Casier - For Councillor Nezezon - For Deputy Reeve Volkaert - For 5. DECLARATION OF VACANT POSITION AND APPOINTMENT OF COUNCILLOR (a) The Clerk called for a motion to declare vacant the position of Councillor 97-231 Moved by W. Casier Seconded by J.Nezezon "THAT as a result of the appointment of John Nezezon to the Office of Deputy Reeve,in accordance with Section 43 of the Municipal Act,R.S.O., 1990, Chapter M.45, as amended, Council hereby declares vacant the position of Councilor." Disposition: Motion Carried Unanimously on a Recorded Vote RECORDED VOTE Councillor Barclay For Councillor Casier - For Councillor Nezezon For Deputy Reeve Volkaert - For (b) The Clerk announced that a letter had been deposited with the Township from Jack Petrie indicating his interest and willingness to be appointed to the position of Councillor. At this point, the Clerk asked if anyone in attendance was interested in being considered for an appointment. Hearing no further interest expressed, she asked for a motion to nominate a citizen for the position of Councillor. 97-232 Moved by J. Barclay Seconded by W. Casier "THAT the following candidate be nominated for the position of Councillor for the Township of Bayham: JACK PETRIE." Disposition: Motion Carried Unanimously on a Recorded Vote COUNCIL MINUTES 114 May 7, 1997 5. DECLARATION OF VACANT POSITION AM)APPOINTMENT OF COUNCILLOR (continued) RECORDED VOTE Councillor Barclay - For Councillor Casier - For Councillor Nezezon For Deputy Reeve Volkaert - For (c) The Clerk called for a motion to appoint Jack Petrie to the position of Councillor to serve the remainder of the term of Council 97-233 Moved by J.Volkaert Seconded by J. Barclay "THAT Jack Petrie be appointed to the position of Councilor to serve the remainder of the term of Council for the Township of Bayham." Disposition: Motion Carried Unanimously on a Recorded Vote RECORDED VOTE Councillor Barclay - For Councillor Casier - For Councillor Nezezon - For Deputy Reeve Volkaert - For 6. DECLARATION OF OFFICE AM) OATH OF ALLEGIANCE The Clerk administered both the Declaration of Office and Oath of Allegiance to Joseph Volkaert and John Nezezon. She noted that Jack Petrie would be required to visit the Township Office for this purpose. The Clerk passed the Ravel to Reeve Joseph Volkaert to preside over the remainder of the meeting. 7. CONFIRMING BY-LAW 97-234 Moved by J. Barclay Seconded by W. Casier "THAT By-law 97-22 to confirm the proceedings of the Special Council Meeting held May 7, 1997 be read a first and second time." Disposition: Motion Carried Unanimously 97-235 Moved by W. Casier Seconded by J.Nezezon "THAT By-law 97-22 be read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 115 May 7, 1997 8. ADJOURNMENT 97-236 Moved by J. Barclay Seconded by W. Casier "THAT the Council meeting be Adjourned at 7:26 p.m." Disposition: Motion Carried Unanimously vtje 41/tav4.4-- aeicir VE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO May 15, 1997 7:00 p.m. The regular meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday, May 15, 1997 in the Council Chambers. Present were, Reeve Joe Volkaert Sr., Deputy Reeve John Nezezon, Councillors John E. Barclay, Wayne Casier, and Jack Petrie,Administrator- Treasurer Lynn S. Buchner and Clerk Maureen Beatty. 1. CALL TO ORDER Reeve Volkaert called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councillor Casier disclosed a pecuniary interest and the general nature thereof with regard to Item 9.3 (b) and refrained from discussing and voting on the item. —He has an easement agreement with the current land owners. Councillor Petrie disclosed a pecuniary interest and the general nature thereof with regard to Rezoning By-laws Z377-97 and Z379-97 as the applicants are clients of his. He refrained from discussing and voting on the by-laws. 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES (a) 97-237 Moved by J.Barclay Seconded by W. Casier "THAT the Minutes of the Regular Council Meeting held May 1, 1997 and the Special Council meeting held May 7, 1997 be adopted." Disposition: Motion Carried 4. DELEGATIONS (a) 7:00 p.m.—Carl Younker and Case DeKraker appeared with regard to Mr. Younker's request for the Township to provide access to a lot he is considering purchasing on the South Part of Lot 112, Concession 7,NTR(North side of Plank Street,north of the Hamlet of Richmond). Reeve Volkaert explained that Council has had an opportunity to consider the request. In making its decision,the site had been toured and legal advice had been sought. Deputy Reeve Nezezon added that advice was also sought from the Road Superintendent and a representative of Ministry of Transportation. Reeve Volkaert stressed that the Township cannot justify the expense required to bring the portion of Plank Street up to standard in order to provide access only to one property owner. He added that the Road Superintendent will be erecting a warning sign at the entrance to Plank Street indicating that the road is not maintained. File: L7.2 - See Item 7.2 (a) (b) 7:15 p.m.—Lloyd Cowan appeared and requested Council's consideration to have gravel applied to Ridge Road. He also asked Council to consider purchasing the Eden School property for park purposes if the school is closed and offered for sale. He suggested that the cash in lieu of park dedication charged for the creation of new lots through severance applications could be applied towards the purchase. In addition to the above,he made reference to the recent severance of his property where a percolation soil test had been conducted and asked if there was any way a future owner could construct a residence and office on the property. The Clerk agreed to investigate the matter and advise Mr. Cowan accordingly. Reeve Volkaert assured Mr. Cowan that Ridge Road would be gravelled as part of the 1997 road maintenance program. File: T6.1 COUNCIL MINUTES 117 MAY 15, 1997 4. DELEGATIONS (continued) 8:00 p.m.—Ken Nesbitt, representing the Corinth Recreation Committee, George Beard, representing Brownsville Minor Ball and Linda Milmine, representing Richmond Minor Ball appeared and discussed a proposed Agreement between the Township and Brownsville Minor Ball for the use of Corinth and Richmond Ball Diamonds. They indicated their approval of the Agreement,however,they recommended some minor changes. Specifically, Item 1 should be amended to read that the Richmond Ball Diamond will be utilized on Thursdays for Midget Girls and Item 2 should be amended to indicate that Pee Wee Age and under will utilize Corinth Ball Diamond on Thursdays at 7:00 p.m. Mr.Nesbitt advised Council of activities of the Corinth Recreation Committee. He noted that funds totalling$5,000 raised through the sale of Nevada Tickets will be utilized to construct a basketball court at the east end of the park and to erect a swing set. File: R3.2 and R3.3 —See Item 6.1 (a) 5. INFORMATION ITEMS 97-238 Moved by W. Casier Seconded by J. Barclay "THAT Information Items 5(a)-5(k)be received and filed." Disposition: Motion Carried (a) Ministry of Municipal Affairs and Housing correspondence regarding the 1997 Ontario Budget. (Received and Filed) File: A16.20 (b) Ministry of Municipal Affairs and Housing correspondence regarding amendments to the Municipal Act pertaining to debt issuance and investment. (Received and Filed) File: A16.20 (c) Ministry of Municipal Affairs and Housing News Release regarding New Development Charges Act. (Received and Filed) File: A16.20 (d) Association of Municipalities of Ontario"Municipal Alert"regarding Changes in Municipal Reform. (Received and Filed) File: A1.2 (e) Association of Municipalities of Ontario "Municipal Alert"regarding the Infrastructure Works Program. (Received and Filed) File:A1.2 (f) AMCTO Express publication regarding the 1997 Ontario Budget. (Received and Filed) File: A1.4 (g) Long Point Region Conservation Authority Minutes of the April 2, 1997 meeting. (Received and Filed) File: A16.6 COUNCIL MINUTES 118 MAY 15, 1997 5. INFORMATION ITEMS (continued) (h) Ontario Public Service Employees Union(OPSEU)Memorandum regarding Bill 106 and divestment of property tax assessment. (Received and Filed) File: A1.1 (i) Ontario Clean Water Agency(OCWA)publication—"The Waterline". (Received and Filed) File: A16.18 (j) Ontario Good Roads Association(OGRA)Publication—"Municipal Routes—April 1997". (Received and Filed) File: A16.16 (k) Middlesex-Elgin Community Leaders' Letter--May/June, 1997. (Received and Filed) File: A16.2 6. PLANNING, DEVELOPMENT &RECREATION 1. CORRESPONDENCE&REPORTS (a) Corinth Recreation Committee Agenda for the May 2, 1997 meeting and proposed agreement between the Township of Bayham and Brownsville Minor Ball for the use of the Corinth and Richmond Ball Diamonds. File: R3.2 and R3.3 97-239 Moved by J. Barclay Seconded by W. Casier "THAT the Corinth Recreation Committee Agenda for the May 2, 1997 meeting be received for information; AND THAT the amended Agreement appended to By-law No. 97-24 between the Township and Brownsville Minor Ball for the use of the Corinth and Richmond Ball Diamonds for the 1997 baseball season be approved; AND THAT the Reeve and the Administrator-Treasurer be authorized and directed to execute the agreement" Disposition: Motion Carried 2. UNFINISHED BUSINESS No Items COUNCIL MINUTES 119 MAY 15, 1997 6. PLANNING,DEVELOPMENT & RECREATION (continued) 3. OTHER BUSINESS (a) Pembina Exploration Limited—Proposed Sour Gas Plant 97-240 Moved by W. Casier Seconded by J.Nezezon "WHEREAS Pembina Exploration Limited have expressed an interest in constructing a sour gas processing plant in the Township of Bayham; AND WHEREAS the Council is committed to making decisions on behalf of the residents, having taken into consideration all aspects of a proposed development and its impact on the environment; AND WHEREAS Council is supportive of the development process outlined in the Planning Act,whereby residents are given an opportunity for public comment on proposed development; THEREFORE Pembina Exploration Limited be advised that an amendment to the Township's Official Plan and Zoning By-law would be required, at which time any conditions deemed necessary would be imposed." Disposition: Motion Cathed (b) Letter of Appreciation to the Township. The Administrator-Treasurer advised that she had received a letter from Ray and Ruby Woodworth expressing their appreciation to the Township for naming Woodworth Road. File: T9.1 4. PUBLIC MEETINGS— 7:30 p.m. 1. Call to Order—Reeve Volkaert called the public meetings to Order at 7:30 p.m. 2. Disclosure of Pecuniary Interest and the General Nature Thereof—None 3. Applications: (a) An application submitted by Harry and Grace Schipper to change the zoning on a parcel of land comprising approximately 0.42 hectare(1 acre) on the east side of County Road No. 46 in Part Lot 114,North Side Talbot Road from Agriculture (Al) Zoning to the Rural Residential(RR)Zone to facilitate the severance of a lot which will be utilized for retirement purposes by Mr. G.Neal Procunier. (Z377-97) File: D13.1.61 (b) An application submitted by Fred and Susan Hermann to change the zoning on a parcel of land comprising approximately 0.33 hectare(0.82 acre) situated on the south side of Vincent Line, in Part Lot 27,North Gore from the Agriculture (A1)Zone to Rural Residential(RR)Zone. This rezoning is a condition of the approved severance of a surplus farm dwelling. (Z378-97) File: D13.1.60 COUNCIL MINUTES 120 MAY 15, 1997 6. PLANNING,DEVELOPMENT &RECREATION (continued) 1. PUBLIC MEETINGS— 7:30 p.m. (continued) 3. Applications (continued) (c) Township initiated Zoning By-law to add a holding symbol"H"to the Hamlet Residential (HR.)Zoning on a parcel of land comprising approximately 0.36 hectare(0.9 acre)situated in Part Lot 123,North Side Talbot Road on the west side of Sandytown Road, in the Hamlet of Straffordville. The effect of the By-law will be to prevent subdivision and/or the issuance of building permits on the subject property pending the approval of an appropriate sanitary sewage servicing proposal. (By-law Z379-97) File: D13.1.22 4. Staff Report (a) The Clerk described the application in detail and indicated that a severance application would be made if the rezoning to Rural Residential was successful. She noted that a lot had previously been severed from the farm parcel as a surplus farm dwelling and because the subject application would be for a retirement lot, she suggested that Council might want to consider the inclusion of a clause in the approving resolution that no further lots be severed from the original farm parcel for residential purposes. (b) The Clerk described the application in detail and explained that rezoning to a Rural Residential Zoning designation was a recent severance condition imposed by the Township. She advised that another condition imposed by the Township for all of the outbuildings to be removed had been complied with and confirmed by the Chief Building Official. (c) The Clerk explained that the placement of an(H)Holding Symbol on the subject property was suggested by the Ministry of Environment and Energy in a letter dated May 1995. The effect of the By-law will be to prevent subdivision and/or the issuance of a building permit on the subject property until the development freeze has been lifted for the Hamlet of Straffordville. Further,the placement of a Holding Symbol will ensure that the applicants will not be required to repeat the rezoning process. File: D13.1.22 5. Presentation by Applicant (a) Jack Petrie,representing the applicant explained that his client's intentions are to sever a lot containing a single family dwelling as surplus to their needs and Mr. G.Neal Procunier will reside in the home for the remainder of his years. He noted that it has been the Procunier home for many years. He added that his clients are not interested in either constructing a residence on the farm parcel or pursuing any further severances. The Clerk pointed out that the subject lot cannot be severed on the basis of a surplus farm dwelling as the proposed severance is for retirement purposes and there has previously been a surplus dwelling severed from the farm parcel. She added that Policy 4.2.7.2 of the Township's Official Plan states that no more than one severance for a surplus farm dwelling shall be allowed on a farm lot, regardless of change in ownership. (b) No presentation by the applicant. (c) Jack Petrie,representing the George Lysy and Steven Sas indicated that his clients are in agreement with the placement of a Holding Symbol on the subject property. 6. Public Comments (a) Joseph and Monica Braun appeared and indicted that they own Lot 115 on Talbot Road near the creek. They expressed their disappointment in the manner in which public notice was given and the number of severances which have occurred on the subject property over the years. They firmly believed that their property value would decrease with increased residential use in an agricultural area. Mrs. Braun asked if Mr. And Mrs. Schipper would be permitted to construct another residence on the retained farm parcel. COUNCIL MINUTES 121 MAY 15, 1997 6. PLANNING,DEVELOPMENT &RECREATION (continued) 4. PUBLIC MEETINGS— 7:30 p.m. (continued) 6. Public Comments (continued) She strongly stated that the severance of a lot from the farm should be used for retirement purposes only by the current owner and not by Mr.Procunier. The Clerk reported that two letters were received from the Elgin-St. Thomas Health Unit, one at the pre-consulting stage and a further letter after notice of the public meeting was circulated. In summary,there is no objection,provided the owner has a lot assessment done to ensure a contingency area for the eventual replacement of the existing sewage system and the fee of$75.00 is paid to the Health Unit,submission of a site plan of the severed parcel showing the results of soil percolation test and accurate location of existing sewage system and water supply. A letter was also received from the Long Point Region Conservation Authority indicating no concerns. (b) The Clerk reported that a letter was received from the Elgin-St. Thomas Health Unit stating that their requirements had been satisfied. (c) The Clerk reported that a letter was received from the Elgin-St.Thomas Health Unit indicating they have no objection to the holding provision,provided the owner has a lot assessment done prior to its removal to ensure suitability for installation of a private sewage system and payment of$75.00 per lot. 7. Council Questions and Comments (a) None (b) Deputy Reeve Nezezon asked for clarification about the lot configuration and the Clerk agreed to confirm that the Land Division Committee approved the severance with the lot squared off as opposed to the original sketch showing the severed lot configured around the greenhouses which have since been removed. (c) None 8. Formulation of Motions (a) 97-241 Moved by Seconded by "THAT the Application by Harry and Grace Schipper to change the zoning on a parcel of land comprising approximately 0.42 hectare (1 acre) on the east side of County Road No. 46 in Part Lot 114,North Side of Talbot Road from Agriculture (Al) Zoning to the Rural Residential(RR) Zone to facilitate the severance of a lot which will be utilized for retirement purposes by Mr. G. Neal Procunier be approved; AND THAT the applicants be advised that because the severance of the subject parcel is for retirement purposes and there has previously been a surplus dwelling severed from the farm parcel,no further severances shall be permitted from the retained parcel for either a retirement lot or surplus farm dwelling,in accordance with Policy 4.2.7.2 of the Township's Official Plan." Disposition: Motion Carried COUNCIL MINUTES 122 MAY 15, 1997 6. PLANNING,DEVELOPMENT &RECREATION (continued) 4. PUBLIC MEETINGS— 7:30 p.m. (continued) 8. Formulation of Motions (continued) (b) 97-242 Moved by J.Nezezon Seconded by W. Casier "THAT the Application by Fred and Susan Hermann to change the zoning on a parcel of land comprising approximately 0.33 hectare (0.82 acre) situated on the south side of Vincent Line,in Part Lot 27,North Gore from the Agriculture (Al) Zone to Rural Residential(RR)Zone,which is a condition of severance approval (Application E-12197),be approved." Disposition: Motion Carried (c) 97-243 Moved by J.Nezezon Seconded by J.Barclay "THAT the Township initiated Zoning By-law No. Z379-97 to add a holding symbol "H" to the Hamlet Residential (IIR)Zoning on a parcel of land comprising approximately 0.36 hectare (0.9 acre) situated in Part Lot 123,North Side of Talbot Road on the west side of Sandytown Road,in the Hamlet of Straffordville be approved." Disposition: Motion Carried 9. Adiournment COUNCILLOR JACKPETRIE-DECLARATION OF OFFICE AND OATH OF ALLEGIANCE At this point,Jack Petrie subscribed to the Declaration of Office and Oath of Allegiance and assumed his seat as a Councillor. 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE& REPORTS No Items 2. UNFINISHED BUSINESS (a) Request from Carl Younker to the Township for access to a vacant lot in Richmond— Plank Street, South Part Lot 112, Concession 7,North of Talbot Road. File: L7.2 97-244Moved by J.Nezezon Seconded by W. Casier "THAT in response to a request by Mr. Carl Younker for the Township to upgrade Plank Street in Richmond, at the Township's expense in order to provide him with access to a lot on the South Part of Lot 112, Concession 7,North of Talbot Road, Mr. Younker be advised that the Township is not in agreement with the request." Disposition: Motion Carried Unanimously COUNCIL MINUTES 123 MAY 15, 1997 7. ROADS,AGRICULTURE &DRAINAGE 3. OTHER BUSINESS No Items 8. PROPERTY,BUILDING&PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) List of Building Permits issued for the month of April 1997. File: P8.1 97-245 Moved by J.Nezezon Seconded by W. Casier "THAT the list of Building Permits issued for the month of April, 1997 be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 9. FINANCE,AD1VH ISTRATION&PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Elgin County Roman Catholic Separate School Board correspondence regarding 1997 mill rates to be levied for separate school supporters. File: A16.4 97-246 Moved by W. Casier Seconded by J.Nezezon "THAT the correspondence from the Elgin County Roman Catholic Separate School Board setting out the mill rate levy for 1997 separate school supporters be accepted." Disposition: Motion Carried Unanimously (b) Cheque Register for the period ending May 20, 1997 and Cash Requirements for the period ending May 31, 1997. File: F10.3 97-247 Moved by W. Casier Seconded by J.Nezezon "THAT the Cash Requirements for the period ending May 31, 1997 be approved for payment; AND THAT the Cheque Register for the period ending May 20, 1997 be approveu." Disposition: Motion Carried Unanimously COUNCIL MINUTES 124 MAY 15, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) 1. CORRESPONDENCE& REPORTS (continued) (c) 1997 Roads Department Capital Expenditures and Projects Summary. File: T6.1 97-248 Moved by J. Barclay Seconded by W. Casier "THAT the 1997 Roads Department Capital Expenditures and Projects Summary List be approved and incorporated into the 1997 operating budget; AND THAT a By-Iaw be presented to Council to adopt the assessment on which the taxes shall be levied." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Necessity to schedule a regular Council meeting on Thursday May 29, 1997. It was determined that if necessary, a meeting will be scheduled. 3. OTHER BUSINESS (a) A copy of a letter from the Lake Erie Lakewide Management Plan,Environment Canada was distributed for information about an information meeting scheduled on May 24, 1997 in London to discuss the Lake Erie Ecosystem. File: A16.6 (b) Abandoned C.P. Rail Lands 97-249 Moved by J. Barclay Seconded by J.Nezezon "THAT the Administrator be directed to forward a letter to the Councils of Port Burwell and Tillsonburg expressing the Township's concern about their agreement for the purchase and development of the abandoned C.P. Rail Lands." Disposition: Motion Carried Unanimously COUNCIL MINUTES 125 MAY 15, 1997 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Cyril J. Demeyere Limited correspondence requesting Council's approval to retain Mr. Andrew Lugowski, of Conestoga-Rovers &Associates to complete various tasks in Phase 3 of the Class EA for the sewage project. File: E5.3.1 97-250 Moved by W. Casier Seconded by J. Barclay "THAT the Council of the Corporation of the Township of Bayham grants approval to Cyril J. Demeyere of Cyril J.Demeyere Limited, Consulting Engineering for the StraffordvillefEden Water and Sewage Study,to retain the services of Andrew Lugowski,P. Eng. of Conestoga-Rovers and Associates to complete the necessary tasks required to proceed with Phase 3 of the Class EA for the Sewage Project; AND THAT this appointment be subject to the approval of Andy Valickis, Ontario Clean Water Agency,Project Advisor." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items COUNCIL MINUTES 126 MAY 15, 1997 12. BY-LAWS Z377-97 By-law to change the zoning on a parcel of land on the east side of County Road 46, in Part Lot 114,North Side Talbot Road from Agriculture(Al)to Rural Residential (RR)—(Schipper/Procun ier) Z378-97 By-law to change the zoning on a parcel of land on the south side of Vincent Line,in Part Lot 27,North Gore from Agriculture(Al)to Rural Residential (RR)—(Fred and Susan Hermann) Z379-97 By-law to add a holding symbol"h"to the Hamlet Residential(HR)zoning on a parcel of land—Part Lot 123,North Side Talbot Road,west side of Sandytown Road,Hamlet of Straffordville(Sas&Lysy) 97-23 Rating By-law(Tile Drainage Loan—Abram&Tina Peters,Pt. Lots 7 & 8, Concession 2.) 97-24 A By-law to authorize an Agreement between the Township and Brownsville Minor Ball for the use of Richmond Ball Diamond and Corinth Ball Diamond. 97-26 A By-law to adopt the 1997 Assessment for the Levy of Taxes. 97-25 Confirming By-law 97-251 Moved by J. Barclay Seconded by W. Casier "THAT By-laws Z377-97,Z378-97, Z379-97, 97-23, 97-24 and 97-26 be read a first and second time." Disposition: Motion Carried 97-252 Moved by J.Nezezon Seconded by J. Barclay "THAT By-laws Z377-97, Z378-97, Z379-97, 97-23,97-24 and 97-26 be read a third time and finally passed." Disposition: Motion Carried 97-253 Moved by J. Barclay Seconded by W. Casier "THAT By-law 97-25 be read a first and second time." Disposition: Motion Carried Unanimously 97-254 Moved by J. Barclay Seconded by W. Casier "THAT By-law 97-25 be read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 127 MAY 15, 1997 13. ADJOURNMENT 97-255 Moved by J. Barclay Seconded by J.Nezezon "THAT the Council meeting be adjourned at 9:37 p.m." Disposition: Motion Carried Unanimously EVE CLERK \ COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM F.O. BOX 160 STRAFFORDVILLE, ONTARIO May 29, 1997 7:00 p.m. The regular meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday, May 29, 1997 in the Council Chambers. Present were, Reeve Joe Volkaert Sr.,Deputy Reeve John Nezezon, Councillors John E. Barclay, Wayne Casier, and Jack Petrie,Administrator- Treasurer Lynn S. Buchner, Road Superintendent Bob Bartlett and Clerk Maureen Beatty. 1. CALL TO ORDER Reeve Volkaert called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No Member of Council disclosed a pecuniary interest and the general nature thereof. 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES (a) 97-256 Moved by J.Nezezon Seconded by J. Petrie "THAT the Minutes of the Regular Council Meeting held May 15, 1997 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:30 p.m.—Frank Voth,Voth Car Sales appeared and presented a detailed plan showing his proposed building expansion which would require a rezoning to include part of the property currently zoned Al-8 to be joined with the property zoned M2-7. He also asked for preliminary comments about the possibility of severing a lot from the parcel zoned Al-8. Council expressed concern about the mix of industrial and residential uses in the area and directed the Clerk to seek clarification from Cumming Cockburn Limited about whether it would be more appropriate to rezone the entire property owned by Frank Voth to the industrial zone. File: D.01 - See Item 6.3 (c) (b) 8:00 p.m.—Bob Bartlett appeared and provided a report on the activities of the Roads Department. File: T9.1 —See Item 7.3 (a) 5. INFORMATION ITEMS 97-257 Moved by J. Petrie Seconded by J.Nezezon "THAT Information Items 5(a)-5(g) be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 129 MAY 29, 1997 5. INFORMATION ITEMS (continued) (a) Ontario Municipal Employees Retirement Savings Board correspondence regarding proposed changes to the OMERS Pension Plan.—Received and Filed File: H10.2 (b) Association of Municipalities of Ontario response to the Ministry of Municipal Affairs and Housing Consultation Paper on a new Municipal Act.—Received and Filed. File: A1.2 (c) Township of Malahide notices of Official Plan Amendment No. 88 and associated zoning by-law amendment.—Received and Filed. File: C0.9 (d) Canada Post correspondence regarding the 1997 Flight For Freedom Literacy Awards. Received and Filed. File: S3.1 (e) Alzheimer Society of Elgin-St. Thomas Letter of Information. —Received and Filed. File: S3.1 (f) Servant Retreat and Training Centre Inc. Newsletter, Spring, 1997.—Received and Filed. File: M6.1 (g) Association of Municipalities of Ontario Notice regarding Bill 84,Fire Protection and Prevention Act, 1996, Bill 106,Fair Municipal Finance Act and Bill 105, Police Services Amendments Act, 1997. —Received and Filed. File: A16.1 6. PLANNING,DEVELOPMENT &RECREATION 1. CORRESPONDENCE& REPORTS No Items COUNCIL.MINUTES 130 MAY 29, 1997 6. PLANNING,DEVELOPMENT & RECREATION (continued) 2. UNFINISHED BUSINESS (a) Staff Report 97050 regarding a request by Superior Propane on behalf of future Transfer Co. (formerly Future Farms)for a letter from the Township indicating they have no concerns about their proposal to install a bulk propane dispensing system. File: D13.1 97-258 Moved by J.Barclay Seconded by J.Nezezon "THAT Superior Propane be advised that the Township of Bayham does not object to the installation of a 7000 USWG bulk retail propane dispenser on property owned and operated by Future Transfer Co.Inc. (formerly Future Farms) on the North Part of Lot 9,Concession 9 in the Township of Bayham, subject to the following: • That the proposed tank installation will replace all existing propane tanks located on the subject property; • That the property owner is aware that the current zoning on the subject property is Ml-Farm Industrial which permits agriculturally related industrial operations such as grain drying or processing operations,fertilizer plants,meat packing operations,bulk storage etc.and that retail uses or commercial uses are permitted only as accessory uses to the main permitted uses. Further that propane use does not fall within the permitted uses in the Ml-Farm Industrial Zone,but has been operating on this site as a legal non-conforming use since the adoption of the Township's Zoning By-law; • That the property owner is aware that any expansion of the retail propane use will constitute a deviation from the legal non-conforming use and will require a zoning by-law amendment,a development agreement to be entered into and possibly an official plan amendment, depending upon the size of the expanded operation." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS (a) Public meeting scheduled for Otter Valley Utility Corridor and Recreational Trail, June 11, 1997 at 7:00 p.m. — Straffordville Community Centre. File: D6.2 The Administrator Treasurer advised that the Town of Tillsonburg has complied with a request of Bayham Township Council to hold a public meeting in Straffordville in order to provide Bayham residents with an opportunity to express their concerns or support for the proposed recreation trail and utility corridor on the abandoned CP Rail line. She noted that all media advertising will be undertaken by Tillsonburg. Council directed the Administrator to ensure that flyers are posted in visible locations,newspaper notices are published and that the public meeting is advertised on the local radio station- CKOT. Council stressed the importance for the notices to indicate the public meeting is to hear comments from residents who are in support of and in opposition to the proposal. COUNCIL MINUTES 131 MAY 29, 1997 6. PLANNING,DEVELOPMENT &RECREATION (continued) 3. OTHER BUSINESS (continued) (b) Bryan McBride, Broker, Countrywide McBride Realty Inc. correspondence on behalf of Frank and Monique Shroyens at 598193 Ontario Limited enquiring about the possibility of his clients developing a second retirement lot. File: D.O1 97-259 Moved by J.Nezezon Seconded by W. Casier "THAT the correspondence dated May 27, 1997 from Bryan McBride,Broker, Countrywide McBride Realty Inc., representing Frank and Monique Shroyens and 598193 Ontario Limited be received and filed; AND THAT Mr. McBride be advised of the policies of the Township's Official Plan with regard to division of agricultural parcels and that his clients have already received approval in 1994 for one retirement lot on Part Lot 10, South Gore, a second retirement lot would not be approved." Disposition Motion Carried Unanimously (c) Consideration of a request by Frank Voth, Voth Sales for preliminary comments on his proposal to rezone lands comprised of Part Lots 20 and 21, Concession 8 by removing an area from the AI-8 zone and adding it to the M2-7 zone to facilitate the expansion of an existing building was deferred until the next regular Council Meeting, pending comments from Cumming Cockburn Limited. 7. ROADS,AGRICULTURE &DRAINAGE I. CORRESPONDENCE& REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) Reconstruction of Bayham Drive from Clearview Drive north to Pressey Road. 97-260 Moved by W. Casier Seconded by J. Petrie "THAT staff be directed to advise the Town of Tillsonburg that the Council of the Corporation of the Township of Bayham is prepared to enter into a joint construction agreement for the reconstruction of Bayham Drive from Clearview Drive north to Pressey Road at a total estimated cost of$115,000.00 for Year One of the project only; AND THAT the said agreement shall be based upon a fair and equitable apportionment of 75% to be paid by the Town of Tillsonburg and 25% to be paid by the Township of Bayham." Disposition: Motion Carried Unanimously COUNCIL MINUTES 132 MAY 29, 1997 8. PROPERTY,BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Staff Report 97049 presenting the 1997 List of Cemetery Boards. File: S4.1 97-261 Moved by J. Nezezon Seconded by W. Casier "THAT the list of 1997. Cemetery Boards as appended to Staff Report 97049 dated May 26, 1997 be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) The Administrator Treasurer announced that Dr. C. Leatherdale has temporarily closed his practice in Port Burwell for an estimated period of two months for personal reasons. She made several enquiries and learned that Dr. Leatherdale or a municipality serviced by his practice can request a temporary replacement physician from the Ontario Medical Association. In an effort to assist Dr. Leatherdale, Council enacted the following resolution: 97-262 Moved by J. Barclay Seconded by J. Nezezon "THAT the Administrator Treasurer be directed to forward a letter to Doctor C. Leatherdale expressing Council's concerns about his leave of absence from medical practice and offering assistance to seek a temporary replacement." Disposition: Motion Carried Unanimously 9. FINANCE,ADMINISTRATION &PERSONNEL 1. CORRESPONDENCE& REPORTS (a) Citizens Against Gambling Expansion—Ontario correspondence seeking municipal support to request the Premier to hold a Province-Wide Referendum on the issue of gambling casinos and devices. File: A16.4 97-263 Moved by J.Petrie Seconded by J.Nezezon "THAT the correspondence from the Citizens Against Gambling Expansion—Ontario seeking municipal support to request the Premier to hold a Province-Wide Referendum on the issue of gambling casinos and devices be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 133 MAY 29, 1997 9. FINANCE,ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (b) County of Elgin Report to the County Implementation Committee dated May 5, 1997 regarding a Workplan for Restructuring. File: D16.1 97-264 Moved by J.Nezezon Seconded by J. Petrie "THAT the County of Elgin Report to the County Implementation Committee dated May 5, 1997 regarding a Workplan for Restructuring be accepted for information." Disposition: Motion Carried Unanimously (c) Minister of Municipal Affairs Restructuring Order for Elgin County dated May 15, 1997. File: D16.1 97-265 Moved by J. Barclay Seconded by J. Petrie "THAT the Minister of Municipal Affairs Restructuring Order for Elgin County dated May 15, 1997 be accepted." Disposition: Motion Carried Unanimously (d) Draft Transition Board Agenda for the meeting scheduled to be held June 4, 1997 and appointment of Reeve and one other Member of Council to the Board. File: D16.1 97-266 Moved by J. Barclay Seconded by W. Casier "THAT the Draft Transition Board Agenda for the meeting scheduled to be held June 4, 1997 be approved for circulation to Board Members; AND THAT Reeve Joe Volkaert and Councillor Jack Petrie be appointed to the Transition Board for the restructured Municipality of Bayham, Port Burwell and Vienna." Disposition: Motion Carried Unanimously MOTION TO EXTEND LENGTH OF MEETING 97-267 Moved by J. Petrie Seconded by W. Casier "THAT in accordance with procedural By-law 95-33, business shall be conducted at the regular Council Meeting held May 29, 1997 until 11:00 p.m." Disposition: Motion Carried Unanimously COUNCIL MINUTES 134 MAY 29, 1997 9. FINANCE,ADMINISTRATION& PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (continued) (e) Cheque Register for the period ending June 20, 1997 and Cash Requirements for the period ending May 31, 1997. File: F10.3 97-268 Moved by J. Barclay Seconded by J.Nezezon "THAT the Cash Requirements for the period ending May 31, 1997 be approved for payment; AND THAT the Cheque Register for the period ending June 20, 1997 be approved." Disposition: Motion Carried Unanimously (f) Ministry of Municipal Affairs and Housing correspondence regarding the Canada-Ontario Infrastructure Works(CONY)Program Agreement. File: F11.1 97-269 Moved by J.Nezezon Seconded by J. Barclay "THAT the Ministry of Municipal Affairs and Housing correspondence regarding the Canada-Ontario Infrastructure Works (COIW) Program Agreement be received; AND THAT the Administrator Treasurer be authorized to submit an application for financial assistance for the following Infrastructure Projects to be completed by March 31, 1998: • Reconstruction of Bayham Drive from Clearview Drive north to Pressey Road in co-operation with the Town of Tillsonburg,contingent upon a construction agreement being agreed to; or alternatively • Bogus and Gregson culverts." Disposition: Motion Carried Unanimously (g) Township of West Nissouri correspondence seeking endorsement of a resolution regarding maintenance charges for railways and road crossing conditions. File: C9.1 97-270Moved by W. Casier Seconded by J.Barclay "THAT the Township of West Nissouri correspondence seeking endorsement of a resolution regarding maintenance charges for railways and road crossing conditions be received and filed." Disposition: Motion Defeated COUNCIL MINUTES 135 MAY 29, 1997 9. FINANCE,ADNIINISTRATION& PERSONNEL (continued) 1. CORRESPONDENCE& REPORTS (continued) 97-271 Moved by J.Nezezon Seconded by J. Barclay "THAT the Council of the Corporation of the Township of Bayham hereby endorses the following resolution of the Township of West Nissouri: `WHEREAS the Canadian National and Canadian Pacific Railways automatically invoice municipalities for 50%of the maintenance on their rail line road crossings without any specific details; AND WHEREAS the conditions of these road crossings are declining rapidly,as are the number of rail lines; AND WHEREAS the Council of the Township of West Nissouri believes the maintenance costs are excessive,particularly for small rural communities for the service provided; AND WHEREAS the Council of the Township of West Nissouri acknowledges that railways are under Federal jurisdiction; NOW THEREFORE BE IT RESOLVED that the Council of the Township of West Nissouri hereby request that the Federal Minister of Transport investigate the billing methods of both CN and CP Railways and develop an equitable system for all municipalities; AND FURTHER THAT a copy of this resolution be circulated to all municipalities in Ontario requesting their support by also contacting the Minister of Transport and their local Member of Parliament about this matter; ' AND FURTHER THAT the Corporation of the Township of Bayham inform West Nissouri of their support in this matter." Disposition: Motion Carried Unanimously (h) Young Canada Works, summer employment initiate for students. File: HO 97-272 Moved by W. Casier Seconded by J. Barclay "WHEREAS the Council of the Corporation of the Township of Bayham supports the Youth Employment Strategy of the Canadian Heritage Young Canada Works; AND WHEREAS the Township of Bayham wishes to participate in the 1997 Summer Program; NOW THEREFORE staff be directed to complete the necessary application form for submission to the Department of Canadian Heritage to be considered for a partnership to provide summer youth employment." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items COUNCIL MINUTES 136 MAY 29, 1997 10. ENVIRONMENT 1. CORRESPONDENCE& REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) Pembina Exploration—Update The Administrator Treasurer advised that the Township had received a letter from the solicitor acting on behalf of Pembina Exploration indicating that he was reviewing the correspondence on file and requesting copies of the Township's Official Plan and Zoning By-law. 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 12. BY-LAWS 97-27 Appointment of Administrator Treasurer as Deputy Clerk and Administrative Assistant as Tax Collector. 97-28 Confirming By-law. 97-273 Moved by J. Petrie Seconded by J. Barclay "THAT By-law 97-27 be read a first and second time." Disposition: Motion Carried Unanimously 97-274 Moved by W. Casier Seconded by J.Nezezon "THAT By-law 97-27be read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 137 MAY 29, 1997 12. BY-LAWS (continued) 97-275 Moved by J. Petrie Seconded by W. Casier "THAT By-law 97-28 be read a first and second time." Disposition: Motion Carried Unanimously 97-276 Moved by J. Petrie Seconded by W. Casier "THAT By-law 97-28 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 97-277 Moved by W. Casier Seconded by J.Petrie "THAT the Council meeting be adjourned at 10:40 p.m." Disposition: Motion Carried Unanimously OF / f/ �� /11441a.9-7,1 _ et-0. __moi. EVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYEIAM P.O.BOX 160 STRAFFORDVILLE,ONTARIO June 5, 1997 7:00 p.m. The regular meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday, June 5, 1997 in the Council Chambers. Present were,Reeve Joe Volkaert Sr.,Deputy Reeve John Nezezon, Councillors John E. Barclay, Wayne Casier, and Jack Petrie, Administrator- Treasurer Lynn S. Buchner and Clerk Maureen Beatty. 1. CALL TO ORDER Reeve Volkaert called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councillor Petrie disclosed a pecuniary interest and the general nature thereof with regard to Item 6.3 (d) as the matter discussed involves his client. 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES (a) 97-278 Moved by W. Casier Seconded by J. Barclay "THAT the Minutes of the Regular Council Meeting held May 29, 1997 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:15 p.m.--Marg Kampers,representing Alan Soper and other area residents appeared and presented a petition requesting that Smith Line, located north of Vienna be changed back to Mill Street or a name containing the word Mill as it has historical significance to the area. She indicated that the residents would be agreeable with the name"Old Mill Line". File: T9.1 —See Item 7.1 (a) 5. INFORMATION ITEMS 97-279 Moved by J. Barclay Seconded by J. Petrie "THAT Information Items 5(b) and 5(c) be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 139 JUNE 5, 1997 S. INFORMATION ITEMS (continued) (a) Village of Port Burwell correspondence responding to a request from Bayham Community Health Action Committee for support of designating Bayham Township as an underserviced area for the purposes of recruiting a general/family practitioner to the Hamlet of Straffordville. File: S.0 97-280 Moved by J. Petrie Seconded by W. Casier "THAT the correspondence from the Village of Port Burwell responding to the Bayham Community Health Action Committee's request for support of designating Bayham Township as an underserviced area for purposes of recruiting a general/family practitioner in the Hamlet of Straffordville be received and forwarded to the Bayham Health Action Committee for information; AND THAT Port Burwell's request for a member of Bayham Council or the Health Action Committee, or both,to attend a Port Burwell Council meeting to provide details of the committee's progress be received; AND THAT Reeve Volkaert and Councillor Casier, Chairman of the Bayham Health Action Committee be authorized to attend the June 10th 1997 meeting to explain the activities of the committee." Disposition: Motion Carried Unanimously (b) Long Point Region Conservation Authority Minutes of meeting held May 7, 1997. File; A16.6—Received and Filed. (c) Association of Municipalities of Ontario Notice of a Forum on Financing Municipal Environmental Management to be held June 11, 1997 in Toronto. File: A1.2 &A4.1 —Received and Filed. 6. PLANNING,DEVELOPMENT & RECREATION l.. CORRESPONDENCE& REPORTS No Items 2. UNFINISHED BUSINESS (a) Pre-consulting request by Frank Voth for comments about his proposal for building expansion which would require a rezoning to include part of the property currently zoned A1-8 to be joined with the property zoned M2-7 and his proposal to sever a residential lot from the A1-8 parcel. File: D.Ol The Clerk indicated that she had discussed the proposal with the Township's Planning Consultant and provided his comments as follows: • The intent of the M2 zone is to be small scale industrial uses in support of agriculture. While the planning consultant has no concerns about the proposal to expand the M2-7 zone to permit the expansion of an existing building, there should be some uses which are currently permitted in the M2 zone on the site deleted from the zoning because they would be incompatible with the surrounding residential use. • A condition of zoning should stipulate that any further expansion of the M2-7 zone will require an official plan amendment for the entire corner as it would not be considered agriculturally related. COUNCIL MINUTES 140 JUNE 5, 1997 6. PLANNING,DEVELOPMENT & RECREATION (continued) 2. UNFINISHED BUSINESS (continued) • There is no requirement to have the A1-8 zone changed to an M2 zone because it does comply with the official plan policies and would in fact bring the industrial zone even closer to the surrounding residential properties. • He is opposed to the severance of a residential lot from the A1-8 zone as it would necessitate an official plan amendment for an estate residential lot and the industrial use could pose a potential nuisance to any adjacent residential use. 97-281 Moved by W. Casier Seconded by J.Barclay "THAT subject to a formal rezoning application being submitted and any necessary conditions deemed appropriate being imposed,Mr.Frank Voth be advised that Council would be prepared to recommend approval to extend the M2-7 zoning designation to accommodate the expansion of an existing service shop for Frank Voth Sales and Service Inc. on Part Lots 20 and 21,Concession 8 as outlined on Plan 11R- 3115 deposited in the Township Office on May 29, 1997; AND FURTHER THAT as a result of discussions with the Township's Planning Consultant,Mr.Voth be advised of the following: • As the intent of the M2 zoning designation is for small scale industrial uses in support of agriculture and the current zoning the subject property as M2-7 permits the current uses and all other industrial uses permitted in the M2 zone,a new rezoning by-law amendment may delete some of the uses which are not compatible with the adjacent residential land use; • Any further expansion to the M2 zone would require an amendment to the Official Plan; • Council would not be in support of a proposal to sever a residential lot from the A1-8 zone as it would not be in conformity with the official plan and is not compatible with the adjacent industrial use." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS (a) Port Burwell/Tillsonburg Abandoned CP Rail Line Agreement. File: D6.2 The Administrator Treasurer reported that the Township was in receipt of the agreements entered into by the Town of Tillsonburg and the Village of Port Burwell regarding the joint venture of the abandoned CP Rail Lands. It was agreed that the agreements would be presented to the Transition Board for further consideration. (b) Notice of"On Track"Meeting in St.Thomas. File: RO The Administrator Treasurer referred to a notice from"On Track",a group of railway enthusiasts who are holding a meeting on June 12, 1997 in St.Thomas on the subject of attracting tourism. COUNCIL MINUTES 141 JUNE 5, 1997 6. PLANNING,DEVELOPMENT & RECREATION (continued) 3. OTHER BUSINESS (c) Request from the Straffordville Lions Club for a special occasion permit for Bayham Community Centre Park. File: R4.2 97-282 Moved by J.Nezezon Seconded by J.Petrie "THAT the Lions Club of Straffordville's request for a special occasion permit for the Bayham Community Centre Park for the Annual Fastball Tournament to be held July 4,5 and 6, 1997 be approved." Disposition: Motion Carried Unanimously (d) Appeal to Rezoning By-law Z377-97— Harry and Grace Schipper for property known as Part Lot 114, Concession North of Talbot Road, east side of Culloden Road. File: D13.1.61 The Clerk advised Council that a letter from Mr. and Mrs. J. Braun appealing the passing of By-law Z377-97 had been received to be forwarded to the Ontario Municipal Board. 97-283 Moved by J.Nezezon Seconded by J. Barclay "THAT the letter of appeal submitted by Joseph and Monica Braun dated May 29, 1997 to Township Zoning By-law No. Z377-97 (Harry and Grace Schipper) be accepted and forwarded to the Ontario Municipal Board in accordance with Section 34, Subsection (23) of the Planning Act,R.S.O. 1990,Chapter P.45 as amended; AND THAT staff be directed to retain the services of the Township's Planning Consultant and the legal firm of Wilms & Shier." Disposition Motion Carried (e) Development Agreement between the Township and John and Lillian Wiggers for the development of lots on Centre Road. File: L4.15 The Clerk advised that a condition of severance imposed by the Land Division Committee was for the applicant to enter into a development agreement with the Township concerning various issues such as drainage, septage hauling etc. Therefore,the agreement was in the process of being drafted by staff,however one issue had not yet been resolved with regard to the purchase price for the acquisition of land by the Township for road widening purposes. 97-284 Moved by W. Casier Seconded by J. Petrie "THAT the Council of the Corporation of the Township of Sayham hereby adopts a policy to acquire land for road widening purposes at the rate of$2,000.00 per acre." Disposition: Motion Carried Unanimously COUNCIL MINUTES 142 JUNE 5, 1997 6. PLANNING,DEVELOPMENT &RECREATION (continued) 4. PUBLIC MEETING 97-285 Moved by J.Nezezon Seconded by J. Barclay "THAT the Council Meeting be adjourned for the purpose of holding a public meeting pursuant to the provisions of the Planning Act." Disposition: Motion Carried Unanimously 1. Call to Order: The Reeve called the Public Meeting to Order at 7:40 p.m. 2. Disclosure of Pecuniary Interest and the General Nature Thereof: -None 3. Application: Township of Bayham initiated zoning by-law amendment to delete kennel use from the M2 Zone which would require all new kennel operators to apply for a site specific amendment to the zoning by-law. File: D13.1.62 4. Staff Report: The Clerk advised that it became apparent over the past year that kennels were being established and licences issued contrary to the Township's zoning and licencing by-laws and after considerable discussion and examination, staff were directed to present to Council a zoning by-law which would delete the use from the zoning by-law entirely. The effect of this amendment would be that any new kennel operators wishing to establish their operation would be required to apply for a site specific zoning by-law amendment. This practice would permit Council an opportunity to examine each proposal on its own merits and determine if the proposed use would be compatible with surrounding land uses. 5. Public Comments: None 6. Council Questions and Discussion: Deputy Reeve Nezezon asked for clarification about whether any kennel operators who had purchased a licence in 1995, but not in 1996 would be required to seek a zoning by- law amendment if they wish to re-establish their business in 1997. The Clerk responded that in her opinion, a zoning by-law amendment and compliance with the licencing by- law would be necessary. 7. Formulation of Motion: 97-286 Moved by J.Nezezon Seconded by W. Casier "THAT the Township initiated zoning by-law amendment to delete kennel use from the M2 Zone which would require all new kennel operators to apply for a site specific amendment to the zoning by-law be approved; AND THAT By-law Z376-97 be presented to Council for enactment." Disposition: Motion Carried Unanimously COUNCIL MINUTES 143 JUNE 5, 1997 6. PLANNING,DEVELOPMENT & RECREATION (continued) 4. PUBLIC MEETING (continued) 8. Adjournment: 97-287 Moved by W. Casier Seconded by J.Nezezon "THAT the Public Meeting be adjourned." Disposition: Motion Carried Unanimously 7. ROADS,AGRICULTURE & DRAINAGE 1. CORRESPONDENCE& REPORTS (a) Petition from residents requesting that Smith Line, located north of Vienna be changed back to Mill Street or a name containing "Mill". File: T9.1 97-288 Moved by W. Casier Seconded by J.Nezezon "THAT the Petition from residents requesting that Smith Line, north of Vienna be changed to Old Mill Line be accepted; AND THAT the County Emergency Planning Co-ordinator be consulted about the process to change the name from Smith Line to Old Mill Line." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) The Administrator Treasurer identified areas where drainage problems were created as a result of the recent heavy rain storm. The Road Crew was required to temporarily close a portion of Tunnel Line and Jackson Line. File: T6.1 (b) The Administrator Treasurer asked Council to consider a name for the road which had recently been upgraded between property owned by the Balls and Cains,Part Lot 126, Concession South of Talbot Road. File: T9.1 Council agreed that the new road should be named"Alward Street" in recognition of the previous owners who conveyed the property to the Township. Further,that the necessary by-law be presented to Council to assume Alward Street as a public highway. COUNCIL MINUTES 144 JUNE 5, 1997 8. PROPERTY,BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) List of Building Permits issued for the month of May, 1997. File: P8.1 97-289 Moved by J. Petrie Seconded by J. Barclay "THAT the Building Permits issued for the month of May, 1997 be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 9. FINANCE,ADMINISTRATION &PERSONNEL 1. CORRESPONDENCE&REPORTS The Administrator Treasurer provided a verbal report about the first meeting of the Transition Board held on June 4, 1997 as follows: • Gundy Goutouski was appointed Chair • Ron Bradfield was appointed Vice Chair • Lynn S. Buchner was appointed Secretary to be responsible for agenda and minute preparation, collection and presentation of required documents and information to committee,relaying information to the public, communication with the media if the Chair was unavailable • Determined that decisions would be made by consensus rather than majority vote, however the option would remain for more contentious matters • Remuneration would be paid to members at the same rate as special council meetings and mileage would be paid at the rate of.31 cents per km. • The terms of reference was amended by deleting the clause which stated that a member would be struck from the Board if absent from meetings for three consecutive months, however it was strongly suggested that alternate members be appointed • A schedule of meetings was established to be posted for public information • Agreed that outside influence would be minimal • Process for determining new municipal name was discussed at length • Review of Council and committee structure and procedural by-law(s)will be discussed at a later date • Staff from each municipality are required to provide for the next meeting the following: - Summary of services - Organization structure - Inventory of facilities - Municipal owned land&equipment - List of Board and Committees COUNCIL MINUTES 145 JUNE 5, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (continued) 97-290 Moved by W. Casier Seconded by J.Petrie "THAT Deputy Reeve John Nezezon be appointed as an alternate representative of Bayham Township Council to serve on the Transition Board for the restructured municipality of Bayham,Port Burwell and Vienna." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items COUNCIL MINUTES 146 JUNE 5, 1997 12. BY-LAWS Z376-97 By-law to delete kennel use from the M2 zone. 9729 Confirming By-law. 97-291 Moved by J.Petrie Seconded by J. Barclay "THAT By-law Z376-97 be read a first and second time." Disposition: Motion Carried Unanimously 97-292 Moved by J. Barclay Seconded by J. Petrie "THAT By-law Z376-97 be read a third time and finally passed." Disposition: Motion Carried Unanimously 97-293 Moved by J.Nezezon Seconded by W. Casier "THAT By-law 97-29 be read a first and second time." Disposition: Motion Carried Unanimously 97-294 Moved by W. Casier Seconded by J. Petrie "THAT By-law 97-29 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 97-295 Moved by J.Petrie Seconded by W. Casier "THAT the Council meeting be adjourned at 9:40 p.m." Disposition: Motion Carried Unanimously fEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O.BOX 160 STRAFFORDVILLE, ONTARIO June 19, 1997 7:00 p.m. The regular meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday, June 19, 1997 in the Council Chambers. Present were, Reeve Joe Volkaert Sr., Deputy Reeve John Nezezon, Councillors John E.Barclay, Wayne Casier, and Jack Petrie,Administrator- Treasurer Lynn S. Buchner, Road Superintendent Bob Bartlett, Chief Building Official and Drainage Superintendent Dwayne Daniel and Clerk Maureen Beatty. 1. CALL TO ORDER Reeve Volkaert called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councillor Petrie disclosed a pecuniary interest and the general nature thereof with regard to Item 6.3 (c) as the applicant is his client. 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES (a) 97-296 Moved by W. Casier Seconded by J. Petrie "THAT the Minutes of the Regular Council Meeting held June 5, 1997 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:15 p.m.--John and Lillian Wiggers appeared and indicated that they were in agreement with the wording of the development agreement listed as Item 6.1 (a) for the development of lots on Centre Road. File: L4.15 See Item 6.1 (a) (b) 7:30 p.m.—Ziggy Blondeel,Highway Meadows Trailer Park appeared and urged Council to pass a resolution outlined in Staff Report 97052 directing staff to forward a letter to the Ministry of Municipal Affairs with regard to Official Plan Amendment No. 64. He stressed that he has invested a great deal of money and time into the expansion of the trailer park and would like the file to remain open as he and his consultant address each outstanding issue with the Ministry of Environment and Energy. File: E5.3.3 &D4.3 See Item 6.1 (d) (c) 7:45 p.m.—Dwayne Daniel, Chief Building Official&Drainage Superintendent appeared and presented Report 97053 providing an update on the tile drainage loan application by Abe Peters, Part Lots 7 and 8, Concession 2,Nova Scotia Line; and Report 97054 providing an update on the Bartley"A"Branch 97, flooding problem on Lot 3, Concession 2 and the Fearnley Drain, Part Lot 8, Concession 2. See Item 7.1 (c) (d) 8:00 p.m.—Troy Dygos appeared and asked for Council's consideration in granting a temporary use by-law to permit the erection of a mobile home on Part Lot 26 Concession South Gore for him to reside while a permanent dwelling is being constructed. Further, he indicated that the mobile home would be used thereafter to house seasonal farm labourers. File: D01 See Item 6.1 (j) COUNCIL MINUTES 148 JUNE 19, 1997 4. DELEGATIONS (continued) (e) 8:15 p.m.—Road Superintendent Bob Bartlett appeared and provided an update on the Road Department Activities. File: T9.1 5. INFORMATION ITEMS 97-297 Moved by J. Petrie Seconded by W. Casier "THAT Information Items 5(a) and 5(i) be received and filed." Disposition: Motion Carried Unanimously (a) Minister of Municipal Affairs and Housing correspondence advising of the creation of an Advisory Council on Social Housing Reform. (Received and Filed) File: A16.20 (b) Minister of Municipal Affairs and Housing correspondence providing a media kit about new labour legislation reforms for improved public service. (Received and Filed) File: A16.20 (c) Ministry of Natural Resources, Port Burwell Provincial Park correspondence addressed to he Village of Port Burwell commending them on the Rails to Trails project initiative— abandoned CP Rail lands. (Received and Filed) File: D6.2 (d) Minister of Community and Social Services correspondence regarding plans for a new income support program for people with disabilities. (Received and Filed) File: S3.1 (e) Union Gas correspondence advising of 1997 rates recently approved by the Ontario Energy Board. (Received and Filed) File: E6.4 (f) Elgin County Board of Education, Straffordville-Eden Public School correspondence expressing appreciation to the Roads Department staff for their assistance in preparing the parking lot for their annual Bicycle Rodeo. (Received and Filed) File: A1.4 (g) Affirmative Communications correspondence announcing an Ontario Municipal Election Information Web Site which is available for on line campaigning. (Received and Filed) File: C7.1 (h) Ontario Good Roads Association Municipal Routes Publication—May 1997. (Received and Filed) File: A16.18 COUNCIL MINUTES 149 JUNE 19, 1997 5. INFORMATION ITEMS (continued) (i) News Release from the Ministry of Municipal Affairs and Housing regarding Public Service Delivery Awards. (Received and Filed) File: A16.20 6. PLANNING,DEVELOPMENT &RECREATION 1. CORRESPONDENCE& REPORTS (a) Development Agreement between John&Lillian Wiggers and the Township which is condition of County of Elgin Land Division Committee Severance approval for the development of Lots on Centre Road. File: L4.15 97-298 Moved by W. Casier Seconded by J. Barclay "THAT the development Agreement between the Township of Bayham and John and Lillian Wiggers for the development of lots on Centre Road, Part Lots 1, 2, 3 and 4,Registered Plan 17, designated as Parts 1-10 inclusive on Reference Plan 11R- 6564 be approved; AND THAT the Reeve and Clerk be authorized to execute the agreement and the necessary authorizing by-law be presented to Council for enactment." Disposition: Motion Carried Unanimously (b) Ministry of Natural Resources correspondence providing an opinion that the Little Otter Creek is a navigable body of water. File: A16.8 97-299 Moved by J. Petrie Seconded by W. Casier "THAT the correspondence from the Ministry of Natural Resources dated June 10, 1997 to Gloin, Hall & Shields,Barristers and Solicitors for Paul and Mary Lee Ens concerning the navigability of Little Otter Creek be received and filed." Disposition: Motion Carried Unanimously (c) Ministry of Municipal Affairs and Housing correspondence advising they are prepared to approve Amendment No. 104 to the Official Plan for Paul and Jose DePlancke and advising that there is a need to look at a"Comprehensive Growth Management Strategy" for the Township. File: D8.1.17 97-300 Moved by W. Casier Seconded by J. Petrie "THAT the correspondence dated May 30, 1997 from the Ministry of Municipal Affairs and Housing advising of their intention to approve Amendment No. 104 to the Official Plan (Paul & Jose DePlancke) and recommending that the municipality undertake a comprehensive growth management strategy be acknowledged; AND THAT the Ministry be requested to defer the imposition of this requirement pending the completed amalgamation of the Township of Bayham,Village of Port Burwell and Village of Vienna, effective January 1, 1998 and the completion of the Bayham Township water/sewage study currently in progress; COUNCIL MINUTES 150 JUNE 19, 1997 6. PLANNING,DEVELOPMENT & RECREATION (continued) CORRESPONDENCE&REPORTS(continued) Motion 97-300 (continued) AND FURTHER THAT the Ministry be requested to continue to consider and approve amendments to the Township's Official Plan, if warranted pending the completion of the above." Disposition: Motion Carried Unanimously (The letter was placed on the agenda to bring to Council's attention the paragraph related to the suggestion by the Ministry iofMunicipal Affairs and Housing that the Township consider conducting a Comprehensive Growth Management Strategy.)" (d) Staff Report 97052 and Ministry of Municipal Affairs and Housing correspondence regarding Amendment No. 64 to the Official Plan—Highway Meadows Trailer Park (formerly New England Mobile Homes) File: D4.3 and E5.3.3 97-301 Moved by J. Petrie Seconded by W. Casier "THAT the letter attached to Staff Report 97052 be forwarded to the Ministry of Municipal Affairs and Housing providing an update on the status of Amendment No. 64 to the Official Plan for Highway Meadows Inc. (formerly New England Mobile Home Park) and requesting that the file remain open as a water/sewage study is currently being conducted by Cyril J.Demeyere Limited for the Township of Bayham; AND THAT the said study will examine various options with regard to water and sewage treatment within the Township." Disposition: Motion Carried Unanimously (e) Willms& Shier correspondence regarding fees. File: E6.5 97-302 Moved by W. Casier Seconded by J. Petrie "THAT the correspondence dated June 12, 1997 from Willms & Shier about anticipated costs for legal services be received; AND THAT staff be directed to pursue a written agreement with Pembina Exploration Limited to pay for all reasonable costs incurred as a result of processing development applications for a proposed sour gas plant." Disposition: Motion Carried Unanimously COUNCIL MINUTES 151 JUNE 19, 1997 6. PLANNING, DEVELOPMENT &RECREATION (continued) 1. CORRESPONDENCE&REPORTS(continued) (f) County of Elgin Land Division Committee request for comments regarding severance Application No. E61/97 by James and Craig Howe, Part Lots 16 & 17, Concession 3, for a retirement lot. File: D9.2.79 97-302 Moved by J. Petrie Seconded by W. Casier "THAT the County of Elgin Land Division Committee be advised that the Township of Bayham recommends approval of Application No. E-61/97 by James and Craig Howe for consent to sever a lot for retirement purposes on property described as Part Lots 16 and 17,Registered Plan 54, Concession 3, subject to the following conditions: • Payment of$500.00 cash in lieu of park dedication • The severed parcel be rezoned from Agriculture (Al)to Rural Residential (RR) • Any survey plan prepared for the severed and/or retained parcel be deposited with the Township." Disposition: Motion Carried Unanimously (g) Application by Bernhard Harms, David Loewen and John Loewen to rezone a parcel of land in Straffordville, Part Lots 5 and 6, Registered Plan 205, South of Main Street from Hamlet Commercial to Hamlet Residential (This application is a condition of severance approval imposed by the Land Division committee as requested by the Township—the severed lot will be conveyed to the adjoining property owner. File: D9.2.96 &D13.1.65 97-304 Moved by W. Casier Seconded by J.Petrie "THAT the application by Bernhard Harms,David Loewen &John Loewen to rezone Part Lots 5 and 6,Plan 205, as shown on a sketch prepared by Kim Rusted Surveying Limited,Project 96-4053 from Hamlet Commercial (HC) to Hamlet Residential(HR), being a condition of County of Elgin severance approval, be accepted and referred to Cumming Cockburn Limited for review and preparation of the required public meeting notice and zoning by-law amendment" Disposition: Motion Carried Unanimously (h) Application by Paul and Mary Lee Ens to rezone a parcel of land described as Part Lot 118, South of Talbot Road from Agriculture (Al)to Rural Residential (RR) in order to facilitate the severance of a retirement lot. File: D13.1.64 97-305 Moved by J. Petrie Seconded by W. Casier "THAT the application by Paul and Mary Lee Ens to rezone Fart Lot 118, South of Talbot Road from Agriculture (Al)to Rural Residential (RR) to facilitate the severance of a parcel for retirement purposes be accepted and referred to Cumming Cockburn Limited for review and preparation of the required public meeting notice and by-law amendment." Disposition: Motion Carried Unanimously COUNCIL MINUTES 152 JUNE 19, 1997 6. PLANNING, DEVELOPMENT &RECREATION (continued) CORRESPONDENCE& REPORTS(continued) (i) Preconsulting request by Sean Grantham about seeking the Township's support for a zoning by-law amendment to permit the erection of a mobile home on Part Lot 4, Concession 3, as a temporary use. The purpose of the mobile home is to permit him to live on site while a permanent residential dwelling is being constructed. The lands are owned by Doug Dennis. File: D01 97-306 Moved by W. Casier Seconded by J. Barclay "THAT subject to a formal application being submitted and any necessary conditions deemed appropriate being imposed,Mr. Sean Grantham be advised that Council would be prepared to recommend approval of a temporary use by-law to permit the erection of a mobile home on Part Lot 4, Concession 3 while a permanent residence is being constructed for a period of one year, providing that a building permit has been obtained for the construction of a permanent dwelling, following which time, the mobile home will be removed." Disposition: Motion Carried (j) Correspondence to Mr. and Mrs. Z. Dygos in response to their enquiry about the possibility of erecting a mobile home on Part Lot 26, Concession South Gore as a temporary dwelling for Troy Dygos pending construction of a residential dwelling with the intention that the mobile home will be utilized thereafter for housing farm labourers. File: DO1 97-307 Moved by J. Barclay Seconded by W. Casier "THAT subject to a formal application being submitted and any necessary conditions deemed appropriate being imposed,Mr. & Mrs. Z. Dygos and Mr. Troy Dygos be advised that Council would be prepared to recommend approval of a temporary use by-law to permit the erection of a mobile home on Part Lot 26, Concession South Gore as a temporary residence for Troy Dygos while a permanent residence is being constructed for a period to expire December 31, 1997, at which time the request for utilization of the mobile home for farm labourers will be considered; AND THAT the applicant be requested to provide confirmation from the bank of financing approval; AND THAT the mobile home be situated on the site in a location that is satisfactory to the Chief Building Official." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items COUNCIL MINUTES 153 JUNE 19, 1997 6. PLANNING, DEVELOPMENT &RECREATION (continued) 3. OTHER BUSINESS (a) Application by Frank and Margaret Voth to extend the M2-7 zoning designation to accommodate the expansion of an existing service shop,Part Lots 20 and 21, Concession 8. File: D13.1.63 97-308 Moved by W. Casier Seconded by J. Petrie "THAT the application by Frank and Margaret Voth to extend the M2-7 zoning designation to accommodate the expansion of an existing service shop for Frank Voth Sales and Service Inc. on Part Lots 20 and 21, Concession 8 as outlined on Plan 11R-3115 deposited in the Township Office on May 29, 1997 be accepted and referred to Cumming Cockburn Limited for review and preparation of the required public meeting notice and zoning by-law amendment." Disposition: Motion Carried Unanimously (b) The Clerk advised that she had received a request for comments by Mr.Bill Rimnyak to erect a mobile home for seasonal off shore farm labour on property known as Part Lots 13 and 14, Concession 4. It was the consensus of Council that a mobile home could be erected as a temporary use by zoning by-law for a period of three years and the location would be to the satisfaction of the Chief Building Official. (c) Rezoning Application submitted by Paul and Joseph DePlancke to rezone part Lots 16 and 17, Concession 8 to Estate Residential(ER)to permit the severance of a lot for residential purposes. The Clerk advised that the Ministry of Municipal Affairs and Housing had granted approval to amendment No. 104 to the Official Plan to designate the subject land "Rural". File: D13.1.66 97-309 Moved by J.Barclay Seconded by W. Casier "THAT the application by Paul and Jose DePlancke to rezone Part Lots 16 and 17, Concession 8 to Estate Residential(ER)to permit the severance of a lot for residential purposes be accepted and referred to Cumming Cockburn Limited for review and preparation of the required public meeting notice and zoning by-law amendment." Disposition: Motion Carried (d) Councillor Casier stated that the Community Centre and Recreation Board will be meeting on June 25th and will be discussing proposed renovations to the washrooms in the Community Centre. In addition,the hallway needs repair work and he asked about the feasibility of utilizing reserve funds for the replacement of doors with steel doors on the washrooms,replacing the hallway floor and installing a drop ceiling. He agreed to obtain an estimate for the required work and report back to Council. File: R4.2 COUNCIL MINUTES 154 JUNE 19, 1997 7. ROADS,AGRICULTURE &DRAINAGE I. CORRESPONDENCE&REPORTS (a) Town of Tillsonburg correspondence regarding cost sharing for improvements to Bayham Drive. File: T9.1 97-310 Moved by J. Barclay Seconded by J. Petrie "THAT the correspondence dated June 9, 1997 from the Director of Public Services, Town of Tillsonburg regarding Bayham Drive,Phase II road improvements be received; AND THAT a letter of invitation be forwarded to the Town of Tillsonburg for members of the Tillsonburg Public Services Committee to attend a Council meeting to discuss the apportionment of costs." Disposition: Motion Carried Unanimously (b) Verbal Staff Report from the Road Superintendent regarding Road Department Activities. File: T9.1 (c) Staff Reports 97053 and 97054 from the Drainage Superintendent regarding a Tile Drainage Loan Application by Abe Peters and the Bartley"A"Branch 97 Drain. 97-311 Moved by W. Casier Seconded by J. Barclay "THAT Staff Reports 97053 and 97054 regarding the Tile Drainage Loan Application by Abe Peters, for Lots 7 and 8, Concession 2,Nova Scotia Line (formerly County Road 42) and an update on the Bartley "A": Branch 97 Drain be received for information; AND THAT Staff be directed to forward the tile drain application to the Province and to oversee the project to ensure a property permanent outlet is installed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items COUNCIL MINUTES 155 JUNE 19, 1997 8. PROPERTY,BUILDING& PROTECTIVE SERVICES 1. CORRESPONDENCE& REPORTS (a) Ministry of the Solicitor General and Correctional Services, Emergency Measures Ontario correspondence extending an invitation to senior elected official and staff to attend a Great Lakes High Water Workshop on Wednesday, June 25, 1997 at the Ramada Inn in London. The Administrator-Treasurer advised that the Clerk and Road Superintendent would be attending the workshop. No Member of Council expressed an interest in attending. File: P2.1 (b) Bayham Fire Department Semi-Annual Report(December 1, 1996 to June 6, 1997.) File: P12.1 97-312 Moved by J. Petrie Seconded by J.Nezezon "THAT the Bayham Fire Department Semi-Annual Report for the period December 1, 1996 to June 6, 1997 be received for information." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 9. FINANCE,ADMINISTRATION &PERSONNEL 1. CORRESPONDENCE& REPORT (a) Mayor Cam McKnight, Town of Tillsonburg correspondence challenging the Township of Bayham Council to participate in the "Monster Bike Race" for the Sunshine Foundation on July 1, 1997 as part of the 1997 "Celebrate Canada" festivities. File: M2.1 97-313 Moved by W. Casier Seconded by J. Petrie "THAT the correspondence dated June 1, 1997 from Mayor Cam McKnight, Town of Tillsonburg challenging Bayham Township Council to participate in the "Monster Bike Race" for the Sunshine Foundation on July 1, 1997 be accepted; AND THAT Mayor McKnight be advised that Township Council is pleased to accept his challenge and is looking forward to a fun-filled Canada Day Event; AND THAT staff be directed to obtain further details about the Monster Bike Race." Disposition: Motion Defeated COUNCIL MINUTES 156 JUNE 19, 1997 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) CORRESPONDENCE&REPORTS (continued) (b) Staff Report 97051 regarding the Canada/Ontario Infrastructure Works Program Extension. File: F11.8 97-314 Moved by J. Barclay Seconded by J.Nezezon "WHEREAS the Council of the Corporation of the Township of Bayham at its meeting held May 29, 1997 passed a resolution to authorize the Administrator Treasurer to submit an application for financial assistance through the Canada/Ontario Infrastructure Works Program Extension for the reconstruction of Bayham Drive from Clearview Drive north to Pressey Road in co-operation with the Town of Tillsonburg and alternatively, the Bogus and Gregson culverts; AND WHEREAS a satisfactory agreement has not yet been reached with the Town of Tillsonburg for cost sharing of the Bayham Drive project; THEREFORE Council deems it necessary to reconsider its decision in this regard and recommends that application be made for the gravelling, tar and chipping of Teall Nevill Road and part of Nova Scotia Line at the Brown Road." Disposition: Motion Carried Unanimously (c) Transition Board Meeting Minutes of the meeting held Wednesday, June 4, 1997. File: C13.2 (Minutes were distributed at the Council Meeting.) 97-315 Moved by J. Petrie Seconded by J.Nezezon "THAT the Transition Board Meeting Minutes of the meeting held Wednesday, June 4, 1997 be received for information." Disposition: Motion Carried Unanimously (d) City of North York correspondence seeking endorsement of a resolution regarding telephone gross receipts tax for use of municipal rights of way. File: C9.1 97-316 Moved by J. Barclay Seconded by W. Casier "THAT the correspondence from the City of North York dated June 2, 1997 seeking endorsement of a resolution regarding telephone gross receipts tax for use of municipal rights of way be received and filed." Disposition: Motion Carried NOTICE OF MOTION: Councillor Petrie advised Council that at the next regular meeting of Council to be held Thursday, July 3, 1997,he would be presenting a motion to endorse the City of North York Resolution about telephone gross receipts tax for use of municipal rights of way. COUNCIL MINUTES 157 JUNE 19, 1997 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (continued) (e) Village of Iroquois seeking endorsement of a resolution regarding the removal of tourism signs along major motorways in Ontario. File: C9.1 97-317 Moved by J. Nezezon Seconded by J. Petrie "THAT the correspondence from the Village of Iroquois dated June 4, 1997 seeking endorsement of a resolution regarding the removal of tourism signs along major motorways in Ontario be received and filed." Disposition: Motion Defeated 97-318 Moved by J. Petrie Seconded by J. Barclay "THAT the Council of the Corporation of the Township of Bayham hereby endorses the following resolution of the Village of Iroquois regarding the removal of tourism signs along major motorways in Ontario: WHEREAS the Province of Ontario will be removing Tourism signs along major motorways in Ontario; AND WHEREAS these signs were originally erected only in 1994; AND WHEREAS these signs have already been part of the Province's budget expenditures and paid for by the taxpayers of Ontario; AND WHEREAS the Province has contracted a firm to remove these existing signs and is forcing municipalities to purchase new signs to replace them at an outrageous cost per year; AND WHEREAS the yearly maintenance of these signs to be erected by Canadian Tods Limited is considered excessive; AND WHEREAS while most municipal tourist attractions are free of charge with the benefit of said attractions going to boost area business owners; THEREFORE BE IT RESOLVED THAT the Village of Iroquois is urging the Province to reconsider the removal of present signs on our major highways and requests the support of all municipalities in lobbying the Government not to impose this increased financial burden upon its citizens; AND FURTHER THAT a copy of this resolution be circulated to all municipalities in Ontario requesting their support by also contacting the Minister of Economic Development Trade and tourism and their local Members of Parliament and Queens Park." Disposition: Motion Carried Unanimously COUNCIL MINUTES 158 JUNE 19, 1997 9. FINANCE,ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (continued) (f) Ontario Public Service Employees' Union correspondence about changes to the municipal tax system. File: F22.1 97-319 Moved by J. Petrie Seconded by J.Barclay "THAT the correspondence dated May 28, 1997 from the Ontario Public Service Employees' Union (O.P.S.E.U.,Local 105) regarding proposed changes to the municipal tax system in Ontario be received and filed." Disposition: Motion Carried Unanimously (g) Cheque Register for the period ending June 20, 1997 and Cash Requirements for the period ending June 30, 1997. File: F10.3 97-320 Moved by J.Nezezon Seconded by J.Petrie "THAT the Cash Requirements for the period ending June 30, 1997 and the Cheque Register for the period ending June 20, 1997 be approved." Disposition: Motion Carried Unanimously (h) County Implementation Committee Minutes of the meeting held Monday,May 16, 1997. File: D16.5 97-321 Moved by J.Petrie Seconded by J.Nezezon "THAT the County Implementation Committee Minutes of the meeting held Monday, May 16, 1997 be received for information." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items COUNCIL MINUl'hS 159 JUNE 19, 1997 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 3. OTHER BUSINESS (a) Reeve Volkaert raised the issue of the existing one toot reserve on the west side of Plank Road(formerly Highway No. 19 which had been required by the Ministry of Transportation. He stated that the County Engineer would be prepared to remove the reserve in its entirety if requested by the Township. 97-322 Moved by W. Casier Seconded by J. Petrie "WHEREAS the Ministry of Transportation Ontario had imposed a one foot reserve on the west side of Plank Road (formerly Highway No. 19) from Eden northerly to a point near the Highway Meadows Trailer Park; AND WHEREAS the Township of Bayham deems it expedient to remove the one foot reserve as it has created a hardship for some property owners; NOW THEREFORE the County of Elgin Engineer be requested to remove the one foot reserve in its entirety." Disposition: Motion Carried Unanimously 10. ENVIRONMENT 1. CORRESPONDENCE& REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items MOTION TO EXTEND LENGTH OF COUNCIL MEETING 97-323 Moved by J. Barclay Seconded by J. Petrie "THAT in accordance with Section 13 of Procedural By-law 95-33, Council shall deal with business until 11:00 p.m. at its meeting of June 19, 1997." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 97-324 Moved by J.Nezezon Seconded by J. Petrie "THAT Council do now rise to enter into an "In Camera" Session of Committee of the Whole." Disposition: Motion Carried Unanimously COUNCIL MINUTES 160 JUNE 19, 1997 11. COMMITTEE OF THE WHOLE (continued) 97-325 Moved by J.Petrie Seconded by J.Nezezon "THAT the Committee of the Whole do now rise from the"In Camera" Session and present its report for adoption." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE&REPORTS (a) Offer to Purchase municipal owned property. 97-326 Moved by W. Casier Seconded by J. Petrie "THAT the Offer to Purchase received from Gary Matsche for Township Owned Property on behalf of his client dated June 17, 1997 be acknowledged; AND THAT staff be directed to advise Mr.Matsche that the Township is not in a position at this time to dispose of municipal owned property; AND THAT the deposit be returned." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 12. BY-LAWS 97-30 By-law to authorize the Reeve and Clerk to sign a development agreement with John &Lillian Wiggers. 97-31 Confirming By-law. 97-327 Moved by J. Petrie Seconded by W. Casier "THAT By-law 97-30 be read a first and second time." Disposition: Motion Carried Unanimously 97-328 Moved by J.Nezezon Seconded by J. Petrie "THAT By-law 97-30 be read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 161 JUNE 19, 1997 12. BY-LAWS (continued) 97-329Moved by J. Barclay Seconded by W. Casier "THAT By-law 97-31 be read a first and second time." Disposition: Motion Carried Unanimously 97-330 Moved by W. Casier Seconded by J. Barclay "THAT By-law 97-31 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 97-331 Moved by J. Barclay Seconded by W. Casier "THAT the Council meeting be adjourned at 10:59 p.m." Disposition: Motion Carried Unanimously EVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO July 3, 1997 7:00 p.m. The regular meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday, July 3, 1997 in the Council Chambers. Present were, Reeve Joe Volkaert Sr., Councilors John E. Barclay, Wayne Casier, and Jack Petrie, Administrator-Treasurer Lynn S. Buchner,Road Superintendent Bob Bartlett, and Clerk Maureen Beatty. Absent with regrets was Deputy Reeve John Nezezon. 1. CALL TO ORDER Reeve Volkaert called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councillor Petrie disclosed a pecuniary interest and the general nature thereof with regard to Item 6.1 (a) as the applicant is his client. Councillor Casier disclosed a pecuniary interest and the general nature thereof with regard to Item 11.2 (a) as he is an affected property owner. 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES (a) 97-332 Moved by J. Barclay Seconded by J. Petrie "THAT the Minutes of the Regular Council Meeting held June 5, 1997, as amended, be adopted." Disposition: Motion Carried Unanimously (On the recommendation of the Clerk, Item 6.1 (c)was amended by adding the phrase "The letter was placed on the agenda to bring to Council's attention the paragraph related to the suggestion by the Ministry of Municipal Affairs and Housing that the Township consider conducting a Comprehensive Growth Management Strategy.") 4. DELEGATIONS (a) 7:15 p.m.—Tillsonburg Councillor David Beres and Director of Public Services Mark C. Cowan appeared and requested clarification as to why the Township had made a decision to negotiate a 75/25 cost sharing arrangement with Tillsonburg for the Bayham Drive Construction Project as opposed to the traditional 50/50 apportionment. Reeve Volkaert explained that because of the restructuring amalgamation taking place within Elgin County and specifically, with the municipalities of Bayham/Port Burwell/Vienna, all municipalities agreed to only undertake projects in 1997 which were identified within the current budget. However, the Township was prepared to allocate funds from within the general roads account in 1997 to contribute 25% of the cost of the project for Phase 2. He noted that Council was not in a position to commit the future Council beyond the current year. Mr. Cowan indicated that he would present this information to the Tillsonburg Public Services Committee with a view to making a decision whether to proceed on the 75/25 basis, or to defer the project until 1998. File: T9.1 See Item 7.2 (a) COUNCIL MINUTES 163 JULY 3, 1997 4. DELEGATIONS (continued) (b) 7:45 p.m.—Larry Zacharias and representatives of the Evangelical Mennonite Church appeared and requested comments about the possibility of acquiring an amendment to the Official Plan and Zoning By-law to permit the erection of a church on a lot owned by John and Laurel Nasswetter, Part Lots 16 and 17, Concession 4. File: D01 See Item 6.1 (c) (c) 8:15 p.m. —Road Superintendent Bob Bartlett appeared and provided an update on the Road Department Activities. File: T9.1 5. INFORMATION ITEMS 97-333 Moved by W. Casier Seconded by J. Barclay "THAT Information Items 5(a) and 5(1) be received and filed." Disposition: Motion Carried Unanimously (a) Ministry of the Solicitor General and Correctional Services News Release announcing the commitment of additional funds for public protection of serial predators. (Received and Filed) File: L10.1 (b) Ministry of Community and Social Services News Release introducing proposed legislation to reform Ontario's welfare system. (Received and Filed) File: L10.1 (c) Association of Municipalities of Ontario correspondence announcing that Provincial Ministries and the Association have formed a partnership for the development of an education and training initiative related to changes resulting from the "Who Does What". (Received and Filed) File: A1.2 (d) Notice of International Great Lakes/St. Lawrence Mayors' Conference, July 14-18, 1997, Toledo, Ohio. (Received and Filed) File: P2.1 (e) Cowan News Publication,Frank Cowan Company Limited, June 1997. (Received and Filed) File: M6.1 (f) Minister of Agriculture Food and Rural Affairs correspondence regarding an employment program called"Rural Job Strategy". (Received and Filed) File: A16.11 (g) Ministry of Finance News Release about the "Fair Municipal Finance Act." (Received and Filed) File: L10.1 COUNCIL MINUTES 164 JULY 3, 1997 5. INFORMATION ITEMS (continued) (h) County of Elgin Implementation Committee Minutes of meeting held June 10, 1997. (Received and Filed) File: D16.5 (i) Township of Malahide Notices of Public meetings pursuant to the Planning Act. (Received and Filed) File: C9.1 (j) Committee for Power for President of AMO, Association of Municipalities of Ontario seeking municipal support for the election of Geraldton Mayor Michael Power as President of AMO at the Annual Conference in August, 1997.. (Received and Filed) File: A1.2 (k) St. Thomas-Elgin General Hospital correspondence and achievement report. (Received and Filed) File: 114.1 (1) Ministry of Natural Resources correspondence regarding the new"Aggregate and Petroleum Resources Law Amendment Act" and its regulations. (Received and Filed) File: L10.1 6. PLANNING,DEVELOPMENT & RECREATION 1. CORRESPONDENCE& REPORTS (a) Application by William and Rosemary Ball to rezone a parcel of land situated on Part Lots 121 and 122, Concession North of Talbot Road from Agriculture(Al)to Rural Residential(RR)to facilitate the severance of a surplus farm dwelling. (Elgin/St. Thomas Health Unit comments still to be submitted) File: D13.1.67 97-334 Moved by J. Barclay Seconded by W. Casier "THAT the application by William and Rosemary Ball to rezone a parcel of land situated on Part Lots 121 and 122, Concession North of Talbot Road from Agriculture (Al) to Rural Residential (RR)to facilitate the severance of a surplus farm dwelling be accepted, subject to receipt of favourable written comments from the Elgin/St. Thomas Health Unit and referred to Cumming Cockburn Limited for review and preparation of the required public meeting notice and zoning by-law amendment." Disposition: Motion Carried COUNCIL MINUTES 165 JULY 3, 1997 6. PLANNING, DEVELOPMENT & RECREATION (continued) CORRESPONDENCE&REPORTS(continued) (b) Application by Bill and Linda Rimnyak for a temporary use by-law to permit the erection of a mobile home on Part Lots 13 and 14, Concession 4, for seasonal off shore farm help for a period of three years. File: D13.1.68 97-335 Moved by J. Petrie Seconded by J. Barclay "THAT the application by Bill and Linda Rimnyak for a temporary use by-law to permit the erection of a mobile home on Part Lots 13 and 14, Concession 4 for seasonal off shore farm help for a period of three years be accepted and referred to Cumming Cockburn Limited for review and preparation of the required public meeting notice and zoning by-law amendment; AND THAT the mobile home be situated in a location to the satisfaction of the Chief Building Official." Disposition: Motion Carried Unanimously (c) Pre-consulting request for comments by Larry Zacharias, or alternate, representing Evangelical Mennonite Church about the possibility of acquiring an amendment to the official plan and zoning by-law to permit the erection of a church on a lot owned by John and Laurel Nasswetter, Part Lots 16 and 17, Concession 4. (This property was recently severed and rezoned as a retirement lot by the current owner.) File: D01 97-336 Moved by W. Casier Seconded by J.Petrie "THAT in response to a request for preliminary comments by Larry Zacharias on behalf of the Evangelical Mennonite Church about the possibility of acquiring an amendment to the official plan and zoning by-law to permit the erection of a church on a lot owned by John and Laurel Nasswetter,Part Lots 16 and 17, Concession 4,he be advised that the Township does not support the proposal as it does not conform with the Township's Official Plan." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 7. ROADS, AGRICULTURE & DRAINAGE CORRESPONDENCE&REPORTS No Items COUNCIL MINUTES 166 JULY 3, 1997 7. ROADS, AGRICULTURE & DRAINAGE (continued) 2. UNFINISHED BUSINESS (a) Town of Tillsonburg correspondence regarding cost sharing for improvements to Bayham Drive. File: T9.1 97-337 Moved by W. Casier Seconded by J. Petrie "THAT consideration of Item 7.2 (a) regarding the Bayham Drive Reconstruction Project be deferred until the next regular Council Meeting to be held July 17, 1997, pending receipt of a formal response from Tillsonburg Council about cost sharing options." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS No Items 8. PROPERTY,BUILDING & PROTECTIVE SERVICES I. CORRESPONDENCE& REPORTS (a) List of Building Permits issued for the month of June, 1997 File: P8.1. 97-338 Moved by J. Barclay Seconded by W. Casier "THAT the list of Building Permits issued for the month of June, 1997 be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items COUNCIL MINUTES 167 JULY 3, 1997 9. FINANCE,ADMINISTRATION& PERSONNEL 1. CORRESPONDENCE&REPORTS (a) 1997 Annual Association of Municipalities of Ontario Conference, August 24-27, Royal York Hotel, Toronto. File: A4.1 97-339 Moved by W. Casier Seconded by J. Petrie "THAT the following representatives of Bayham Township be registered to attend the 1997 Association of Municipalities of Ontario Conference at the Royal York Hotel in Toronto on August 24-27, 1997: Administrator Treasurer Lynn S. Buchner Reeve Joseph Volkaert (as a Voting Delegate) Councillor Jack Petrie(as a Voting Delegate)" Disposition: Motion Carried Unanimously (b) Cheque Register for the period ending June 30, 1997 and Cash Requirements for the period ending July 18, 1997. File: F10.3 97-340 Moved by J. Barclay Seconded by J. Petrie THAT the Cash Requirements for the period ending July 18, 1997 and the Cheque Register for the period ending June 30, 1997 be approved." Disposition: Motion Carried Unanimously (c) Consideration of names for submission to County Council for an East Elgin citizen representative to participate as a member of the Tillsonburg District Memorial Hospital Board. File: H4.1 97-341 Moved by W. Casier Seconded by J. Barclay "WHEREAS Elgin County Council appoints citizen representatives to the Tillsonburg District Memorial Hospital Board; AND WHEREAS Elgin County has requested the Township of Bayham to suggest names for the said appointments to represent East Elgin; NOW THEREFORE the Elgin County Council be advised that the Township of Bayham suggests the following citizens be considered for an appointment subject to their consent: Shirley Biro & Mack Ball" Disposition: Motion Carried Unanimously COUNCIL MINUTES 168 JULY 3, 1997 9. FINANCE,ADNIINISTRATION& PERSONNEL (continued) 2. UNFINISHED BUSINESS (a) At the Council Meeting held June 19, 1997, Councillor Petrie gave Notice of his intention to present a Motion to Council on July 3, 1997 to endorse a resolution of the City of North York regarding telephone gross receipts tax for use of municipal Rights of Way. File: C9.1 97-342 Moved by J. Barclay Seconded by W. Casier "THAT the Council of the Corporation of the Township of Bayham hereby endorses the following resolution of the City of North York regarding telephone gross receipts tax for use of municipal rights of way: "WHEREAS as part of the downloading on municipalities the Province of Ontario is grabbing the five percent telephone gross receipts tax paid to the City of North York by the telephone companies for the use of municipal rights-of way; AND WHEREAS the taking away of the gross receipts tax not only means a loss of$10 million to the City of North York and a total loss of$44 million across Metropolitan Toronto including the School Boards, but also potential future income from the emerging fibre optics industry; AND WHEREAS the future demand for space on our rights-of-way could amount to hundreds of millions in the future revenues to Ontario Municipalities; AND WHEREAS the Province of Ontario will be grabbing these revenues to reduce its cost instead of being used to offset property taxes since it is the municipal rights-of-ways that are being used; AND WHEREAS Federal legislation gives the telephone companies the right to use municipal property and for this right municipalities have always received these funds in place of property taxes; THEREFORE BE IT RESOLVED that the Province of Ontario not take away the gross receipts tax now collected by Ontario Municipalities, or if they do then the Province of Ontario must allow municipalities to be compensated for the right to use our rights-of-ways; AND BE IT FURTHER RESOLVED that if the Province of Ontario does not compensate municipalities, the Federal Government be requested to amend its legislation to require the telecommunications companies to pay municipalities directly for the use of rights-of-ways; AND BE IT FURTHER RESOLVED that this motion be circulated to all Ontario Municipalities for endorsement." AND THAT the City of North York be advised of this endorsement; AND THAT Council Resolution No. 97-316 passed on June 19, 1997 be rescinded." Disposition: Motion Carried Unanimously COUNCIL MINUTES 169 JULY 3, 1997 9. FINANCE, ADMINISTRATION & PERSONNEL (continued) 3. OTHER BUSINESS (a) The Administrator Treasurer read aloud a fax from the Mayor of Aylmer seeking Li financial commitment from the Township of Bayham towards their efforts to recruit medical practitioners to the Aylmer area. 97-343 Moved by W. Casier Seconded by J. Petrie "THAT the correspondence from the Mayor of Aylmer seeking a commitment from the Township of Bayham to share in the cost of a physician recruitment campaign for the Aylmer area be received and filed." Disposition: Motion Carried Unanimously (b) Tender Opening for Supply of One 4 X 4 Pick Up Truck. File: F18.1 97-344 Moved by J. Barclay Seconded by W. Casier "THAT the Tenders submitted for the supply of one 4 X 4 Pick Up Truck be accepted and referred to staff to review and report back to Council with a recommendation." Disposition: Motion Carried Unanimously 10. ENVIRONMENT I. CORRESPONDENCE&REPORTS (a) Long Point Region Conservation Authority correspondence extending an invitation to the Reeve or designate to attend the 1997 Watershed Tour on Wednesday, July 16, 1997. File: A16.6 Councillor Petrie announced that he would be attending the Tour as a Member of the Conservation Authority 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 11. COMMITTEE OF THE WHOLE 97-345 Moved by J. Petrie Seconded by J. Barclay "THAT Council do now rise to enter into an "In Camera" Session of Committee of the Whole." Disposition: Motion Carried Unanimously COUNCIL MINUTES 170 JULY 3, 1997 11. COMMITTEE OF THE WHOLE (continued) 97-346 Moved by J. Barclay Seconded by J.Petrie "THAT the Committee of the Whole do now rise from the"In Camera" Session and present its report for adoption." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS (a) Abandoned CP Rail Property. File: D6.2 97-347 Moved by J. Barclay Seconded by J. Petrie "THAT the Town of Tillsonburg be advised that the Township of Bayham wishes to appoint two representatives to serve on the Otter Valley Committee and that the names will be confirmed shortly; AND THAT this resolution be forwarded to the Transition Board and the Bayham Community Parks and Recreation Board for the purpose of recommending the names of representatives." Disposition: Motion Carried 3. OTHER BUSINESS No Items 12. BY-LAWS 97-32 Confirming By-law. 97-348 Moved by J.Petrie Seconded by J. Barclay "THAT By-law 97-32 be read a first and second time." Disposition: Motion Carried Unanimously 97-349 Moved by W. Casier Seconded by J. Petrie "THAT By-law 97-32 be read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 171 JULY 3, 1997 13. ADJOURNMENT 97-350 Moved by W. Casier Seconded by J.Petrie "THAT the Council meeting be adjourned at 10:30 p.m." Disposition: Motion Carried Unanimously /21,42",6,„72, . 11, Art (EVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE,ONTARIO July 17, 1997 7:00 p.m. The regular meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday, July 17, 1997 in the Council Chambers. Present were, Reeve Joe Volkaert Sr., Councillors John E. Barclay, Wayne Casier, and Jack Petrie, Administrator-Treasurer Lynn S.Buchner,Chief Building Official and Drainage Superintendent Dwayne Daniel and Clerk Maureen Beatty. 1. CALL TO ORDER Reeve Volkaert called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councillor Petrie disclosed a pecuniary interest and the general nature thereof with regard to Item 6.1 (a) and By-law No. 97-35 as the applicant is his client. 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES (a) 97-351 Moved by J.Barclay Seconded by J. Petrie "THAT the Minutes of the Regular Council Meeting held July 3, 1997 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS None 5. INFORMATION ITEMS 97-352 Moved by J.Nezezon Seconded by J. Barclay "THAT Information Items 5(a)to 5(h) be received and filed." Disposition: Motion Carried Unanimously (a) Bell Canada correspondence announcing a proposal to upgrade basic service. (Received and Filed) File: E6.1 (b) Ministry of Finance, Office of the Deputy Minister, Revenue and Financial Institutions correspondence providing an update on the status of the province-wide reassessment. (Received and Filed) File: A16.20 (c) Lower Big Otter Remedial Project(LBORP)Agenda for a meeting to be held July 30, 1997 at 1:30 p.m. at the Vienna Municipal office. (Received and Filed) File: A16.6 COUNCIL MINUTES 173 JULY 17, 1997 5. INFORMATION ITEMS (continued) (d) Middlesex-Elgin Community Leaders'Newsletter—July/August, 1997. (Received and Filed) File: M6.6 (e) County Implementation Committee minutes of meeting held June 24, 1997. (Received and Filed) File: A16.2 (f) Willms & Shier,Environmental Law Newsletter—Summer 1997. (Received and Filed) File: M6.1 (g) Ontario Good Roads Association Municipal Routes Newsletter, June 1997. (Received and Filed) File: M6.5 (h) County Implementation Committee Minutes of meeting held July 18, 1997. (Received and Filed) File: A16.2 6. PLANNING,DEVELOPMENT & RECREATION 1. CORRESPONDENCE& REPORTS (a) Staff Report 97060 and correspondence from Harry and Grace Schipper regarding their withdrawal of an application to rezone Part Lot 114, Concession 7,North Talbot Road and recommending the enactment of a repealing by-law. File: D13.1.61 97-353 Moved by J. Barclay Seconded by W. Casier "WHEREAS at the request of Harry and Grace Schipper, the Council of the Corporation of the Township of Bayham at its meeting held May 16, 1997 enacted and passed Zoning By-law Z377-97, being a by-law to rezone Part Lot 114, North Side Talbot Road from Agricultural (Al) to the Rural Residential Zone(RR) to facilitate the severance of a lot for retirement purposes for Mr. and Mrs. G. Procunier; AND WHEREAS the applicant has advised the Township they no longer wish to pursue the rezoning and severance and have reached an agreement for a life lease; NGW THEREFORE staff be directed to present to Council for enactment a by-law to repeal Zoning By-law Z377-97." Disposition: Motion Carried COUNCIL MINUTES 174 JULY 17, 1997 6. PLANNING,DEVELOPMENT &RECREATION (continued) 1. CORRESPONDENCE& REPORTS (continued) (b) Correspondence received July 15, 1997 from a Bayham Resident regarding the naming of Godby Road, formerly known as"Prong Road." File: T9.1 97-354 Moved by J. Petrie Seconded by J. Barclay "THAT the correspondence from Catherine Prong concerning the naming of Godby Road, formerly known as "Prong Road" be received and fled; AND THAT a letter of explanation be forwarded to Mrs. Prong about the 9-1-1 street naming process which took place in 1996." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Staff Report 97058 providing further information regarding a request by Troy Dygos for approval to erect a mobile home on Part Lot 26, Concession 5 for a period of one year pending the construction of a single family residential dwelling. File: D01 97-355 Moved by J.Nezezon Seconded by J. Barclay "THAT staff be directed to discuss with Mr. Troy Dygos, the policies with regard to the parking of travel trailers on agricultural lots,including time lines." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS No Items 4. PUBLIC MEETINGS None 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Staff Report 97059 from the Road Superintendent regarding tenders received July 13, 1997 for the purchase of a 4 X 4 Pick Up required by the Road Department. File: F18.1 97-356 Moved by J. Barclay Seconded by J. Petrie "THAT staff be directed to call Tenders for the supply of a 1998 4 X 4 Pick Up required for the Road Department." Disposition: Motion Carried Unanimously Council requested, if possible, Tenders be opened at the July 31st Council Meeting. COUNCIL MINUTES 175 JULY 17, 1997 7. ROADS,AGRICULTURE & DRAINAGE (continued) 2. UNFINISHED BUSINESS (a) Bayham Drive Reconstruction Project—Item Deferred pending a formal response from the Town of Tillsonburg Council. File: T4.1 The Administrator-Treasurer advised that a formal response had not yet been received from the Town of Tillsonburg. 3. OTHER BUSINESS (a) In response to an enquiry from Reeve Volkaert,Deputy Reeve Nezezon agreed to jointly assess all existing sidewalks with the Chief Building Official for possible replacement or repair in 1997. File: T6.1 4. PUBLIC MEETING— 7:35 P.M. 97-357 Moved by J. Barclay Seconded by J.Nezezon "THAT the Council Meeting do now adjourn to hold a Public meeting pursuant to the provisions of the Drainage Act." Disposition: Motion Carried Unanimously Subject: Proposed construction of the Bartley Drain Branch"A", described as Part Lot 7, Concession 9 and Part Lot 8, Concessions 8 and 9. I. Call to Order Reeve Volkaert called the Public Meeting to Order at 7:35 p.m. 2. Disclosure of Pecuniary Interest and the General Nature Thereof No Member of Council disclosed a pecuniary interest and the general nature thereof 3. Staff Report John Spriet, Spriet Associates was in attendance and explained that affected property owners had been invited to two previous meetings to discuss the particulars of the proposed drainage work construction and estimated cost sharing. He noted that the purpose of the Public Meeting pursuant to the Drainage Act was for residents to ask any further questions and to provide Council with their comments. He referred to the Drainage Plan and described the proposed work which consists of abandoning the 1923 branch tile drain, installation of a new Branch "A" land drainage tile for 760 meters in Concessions 8 and 9,the installation of catchbasins, installation of a new sub-drain pipe under the County Road to carry Branch"A" across the road, and the existing lane culvert on the Main Drain be removed, lowered and lengthened to provide an outlet for Branch "A" and reduce erosion on the open ditch. 4. Public Comments • A.Knelsen requested clarification about the estimated cost for her property. (J. Spriet provided a satisfactory explanation) • R. Tesselaar asked why she was being assessed for a portion of the works. (J. Spriet explained that her property is tributary and affects drainage downstream, therefore she is assessed for a portion based on the number of acres) COUNCIL MINUTES 176 JULY 17, 1997 7, ROADS,AGRICULTURE &DRAINAGE (continued) 4. PUBLIC MEETING— 7:35 P.M. (continued) 5. Council Questions and Discussion None 6. Adjournment 97-358 Moved by J. Barclay Seconded by J. Petrie "THAT the Public Meeting be Adjourned." Disposition: Motion Carried Unanimously 7. Disposition 97-359 Moved by J.Nezezon Seconded by J. Barclay "THAT in accordance with Chapter 14, Sections 44 to 4.6 of the Drainage Act,the Council of the Corporation of the Township of Bayham hereby adopts Report No. 96252 as prepared by Spriet Associates, dated June 25, 1997, and referred to as the Bartley Drain 1997—Branch "A"; AND THAT upon adoption of the aforementioned Report,Provisional By-law No. 97-34 be given first and second reading; AND THAT Township Staff be directed to set a date for the first sitting of the Court of Revision and distribute copies of the Provisional By-law and Notice of the time and place of the first sitting of the court of Revision to the affected parties." Disposition: Motion Carried Unanimously 8. PROPERTY,BUILDING&PROTECTIVE SERVICES I. CORRESPONDENCE&REPORTS (a) Staff Report 97055 providing a summary of the Emergency Preparedness and Response Course attended by the Clerk in Sarnia—May 21-23, 1997. File: P2.1 &H12.1 97-360 Moved by J.Nezezon Seconded by W. Casier "THAT Staff Report 97055 providing details of an Emergency Preparedness and Response Course held in Sarnia,May 21-23, 1997 attended by the Clerk be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES 177 JULY 17, 1997 S. PROPERTY,BUILDING & PROTECTIVE SERVICES (continued) 1. CORRESPONDENCE& REPORTS (Continued) (b) Correspondence dated July 9, 1997 from J. D. Stephens,Elgin County O.P.P. Detachment Commander regarding costing for police services. File: P13.1 97-361 Moved by J.Nezezon Seconded by W. Casier "THAT the correspondence dated July 9, 1997 from J D. Stephens,Elgin County O.P.P Detachment Commander regarding costing for police services be received." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) The Administrator Treasurer advised that a resident had kindly offered to contact other interested residents to supply,plant and maintain the garden situated on the south side of the Municipal Building. Council suggested that a hose could be purchased to provide watering to the garden area. 9. FINANCE,ADMINISTRATION &PERSONNEL 1. CORRESPONDENCE& REPORTS (a) Township of Bayham 1996 Financial Report. File: F10.1 97-362 Moved by W. Casier Seconded by J.Nezezon "THAT the 1996 Township of Bayham Financial Report be accepted." Disposition: Motion Carried Unanimously (b) Staff Report 97056 recommending the appointment of Alex MacBeath, CA, partner of Doane Raymond Chartered Accountants as the Township's municipal auditor for the 1997 fiscal year. File: F3.1 97-363 Moved by W. Casier Seconded by J.Nezezon "THAT in accordance with Section 86 of the Municipal Act,R.S.O. 1990, Chapter 45,the Council of the Township of Bayham enact By-law No. 97-33 to appoint Alex MacBeath, CA,licence No. 16120 under the public Accountancy Act,partner of Doane Raymond Chartered Accountants as the Township's Municipal Auditor for the 1997 fiscal year." Disposition: Motion Carried Unanimously COUNCIL MINUTES 178 JULY 17, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (continued) (c) Township of Bayham Statement of Operations for the period ended June 30, 1997. File: F10.1 97-364 Moved by J.Nezezon Seconded by W. Casier "THAT the Township of Bayham Statement of Operations for the period ended June 30, 1997 be accepted." Disposition: Motion Carried Unanimously (d) Staff Report 97057 regarding Tax Arrears for the period ended June 30, 1997 File: F23.4 97-365 Moved by J.Nezezon Seconded by W. Casier "THAT Staff Report 97057 providing a Tax Arrears Summary for 1992-1997 be accepted." Disposition: Motion Carried Unanimously (e) Staff Report 97057a—Waste Management Disposal&Transfer Station Report for the period ended June 30, 1997. File: E7.4 97-366 Moved by W. Casier Seconded by J.Nezezon "THAT Staff Report 97057a providing the Waste Management Disposal& Transfer Station Report for the period ended June 30,1997 be accepted." Disposition: Motion Carried Unanimously (f) Cheque Register for the period ending July 20, 1997 and Cash Requirements for the period ending July 31, 1997. File: F10.3 97-367 Moved by W. Casier Seconded by J.Nezezon "THAT the Cash Requirements for the period ending July 31, 1997 be approved; AND THAT the Cheque Register for the period ending July 20, 1997 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES 179 JULY 17, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) CORRESPONDENCE&REPORTS (continued) (g) Recycling Council of Ontario correspondence regarding Waste Reduction Week November 3-9, 1997 and requesting financial support. File: E7.2 97-368 Moved by J. Petrie Seconded by W. Casier "THAT the correspondence from Recycling Council of Ontario requesting the Reeve to proclaim the week of November 3-9, 1997 as "Waste Reduction Week" and a further request for financial support be received and filed." Disposition: Motion Carried Unanimously (h) Muscular Dystrophy Association of Canada correspondence requesting the Reeve of Bayham to proclaim the month of September as "Muscular Dystrophy Association of Canada's Awareness Month." File: C3.1 97-369 Moved by J. Petrie Seconded by W. Casier "THAT the correspondence dated June 23, 1997 from the Muscular Dystrophy Association of Canada requesting that the month of September be proclaimed as "Muscular Dystrophy Association of Canada's Awareness Month" be received and filed." Disposition: Motion Carried 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) Letter of appreciation to Municipal Tax Collector. 97-370 Moved by W. Casier Seconded by J. Nezezon "THAT a letter be forwarded to Margaret Underhill from Council commending her for an outstanding performance as Tax Collector and contributing to the decrease in tax arrears in 1997." Disposition: Motion Carried Unanimously COUNCIL MINUTES 180 JULY 17, 1997 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Citizens' Network on Waste Management correspondence requesting endorsement of a Council Resolution regarding full product stewardship, deposit-return systems and refillable beverage containers in Ontario. File: E7.2 97-371 Moved by W. Casier Seconded by J. Petrie "THAT the correspondence dated July 4, 1997 from Citizens' Network on Waste Management requesting Bayham Township Council to enact a resolution regarding a strategy to promote refillables and reuse in Ontario be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE& REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 12. BY-LAWS 97-33 Appointment of Municipal Auditor 97-34 To provide for drainage works—Bartley Drain 97-35 To repeal Zoning By-law Z377/97(Harry&Grace Schipper) 97-36 Confirming By-law 97-372 Moved by W. Casier Seconded by J. Barclay "THAT By-laws 97-33,97-34 and 97-35 be read a first and second time." Disposition: Motion Carried COUNCIL MINUTES 181 JULY 17, 1997 12. BY-LAWS (continued) 97-373 Moved by J. Nezezon Seconded by W. Casier "THAT By-laws 97-33 and 97-35 be read a third time and finally passed." Disposition: Motion Carried 97-374 Moved by W. Casier Seconded by J. Petrie "THAT By-law 97-36 be read a first and second time." Disposition: Motion Carried Unanimously 97-375 Moved by J. Barclay Seconded by W. Casier "THAT By-law 97-36 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 97-376 Moved by W. Casier Seconded by J. Petrie "THAT the Council meeting be adjourned at 10:00 p.m." Disposition: Motion Carried Unanimously EVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO July 31, 1997 7:00 p.m. The regular meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday, July 31, 1997 in the Council Chambers. Present were,Reeve Joe Volkaert Sr., Deputy Reeve John Nezezon, Councillors John E. Barclay, Wayne Casier and Jack Petrie,Administrator-Treasurer& Deputy Clerk Lynn S. Buchner and Chief Building Official/Drainage Superintendent Dwayne Daniel. 1. CALL TO ORDER Reeve Volkaert called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councillor Petrie disclosed a pecuniary interest and the general nature thereof with regard to Items 6.1 (a), 6.1 (b), 6.4 (a) and By-law Z375-97 as the applicants are his clients. 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES 97-377 Moved by W. Casier Seconded by J.Nezezon "THAT the Minutes of the Regular Council Meeting held July 17, 1997 be adopted as amended" (Typographical errors were noted on Pages 175 and 177 and it was noted that Deputy Reeve Nezezon'r name was omitted in error). Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:45 p.m.—Cyril J. Demeyere, Cyril J.Demevere Limited and Andy Valickis, Senior Project Engineer, Ontario Clean Water Agency(OCWAA appeared and discussed the Draft Report on alternative designs for sewage treatment for the Hamlets of Straffordville and Eden prepared by Andrew Lugowski, P. Eng., Conestoga-Rovers &Associates for Council's consideration. Mr. Demeyere commenced the presentation explaining that the report is part of the Class Environmental Assessment Phase 1 and 2 Reports. He emphasized that this is a preliminary report and the associated costs contained herein were to be regarded as very preliminary and subject to adjustment. The Report describes four alternative methods of sewage treatment including the following: 1. New Hamburg Process 2. Snowfluent Process 3. Sequencing Batch Reactor 4. Single-sludge Biological Nutrient Removal Process COUNCIL MINUTES 183 JULY 31, 1997 4. DELEGATIONS (continued) Other alternatives previously discussed during the study such as recirculating filters and reed beds (Septech) have been excluded from this Report because the Ministry of Environment and Energy is presently monitoring an installation in Ilderton which is not functioning satisfactorily and therefore, will be reviewed again with MOEE in August. Mr. Valickis proceeded to describe the various alternatives,pointing out that the New Hamburg Process is the same as the Port Stanley Plant and other successful sites in the area include Blenhiem and Bright's Grove. He proceeded to explain the Snowfluent Process which incorporates the New Hamburg Process during the summer months and treats the sewage similar to an irrigation system or snow making unit during the winter. This method would reduce the land required for lagoons to store the sewage until the process could begin after the ground and water thaws. Although this has potential cost savings with regard to real estate it tends to be more equipment cost intensive. As far as the land requirements,he explained that the capital cost of the land required would depend on the soil type, clay being the best type while sand is the least preferable. Therefore, if the soil type of the site is sand it would be very costly to remove the existing soil and replace it with more suitable soil. The latter two alternative sewage treatment methods, Sequencing Batch Reactor and Single-sludge Biological Nutrient Removal Process are both mechanical systems. The Sequencing Batch Reactor is similar to the Port Burwell treatment plant with the exception that the sewage does not move from tank to tank. The Sequencing Batch Reactor performs all the same steps as the Activated Sludge System(Port Burwell Plant)but in one tank,therefore, is less capital cost intensive. These systems only require approximately two acres of land therefore reducing the initial capital costs compared to possibly fifty acres to accommodate lagoon type systems. The two mechanical systems were identified as being more costly to operate since they require full time operators as opposed to the lagoon types in which a part- time operator would suffice. Mr. Demeyere and Mr. Valickis made reference to the various tables illustrated in the Report. With regard to Table 2,they stressed concern that some of the values for small bore sewers could not be relied on and therefore the corresponding costs on subsequent tables should be ignored until the figures can be reviewed with the Consulting Engineer. Mr. Demeyere provided a revised set of figures for Table 3 consisting of Capital Costs for Wastewater Treatment Systems. He emphasized that the costs do not include the cost of sewers and pumping of the treatment plant stations nor do they include the cost of land. He identified that fact that a nutrient removal system would be least costly if a site were found between Straffordville and Eden for a savings of approximately$700,000. Table 6, Summary of Capital and Annual Operation&Maintenance Costs, assumes no capital funding and there are no grants available for operating costs. This table also estimates Net Present Worth which Mr. Valickis explained was close to the same for each alternative. Mr. Demeyere informed the Board that these costs were almost$1,000,000 less than the original cost estimates, but reiterated the preliminary nature of these figures. Mr. Valickis explained that there are two approaches that can be taken from this point. He recommended the Design Build alternative as opposed to Construction Bid where Council picks one design and requests proposals based on the preferred solution. Alternatively,the Design Build concept is a request for proposal including no design specifics or detail leaving that up to the contractor/team. He suggested that this alternative usually provides for the lowest cost options being presented. COUNCIL MINUTES 184 JULY 31, 1997 4. DELEGATIONS (continued) Further,he explained that certain conditions or requests could be identified in the Request for Proposal. He explained that this would be appropriate for the treatment system only and the collection system would still be handled by the Engineer through defining a specific design and requesting tenders. He also suggested that the water contractor could be solicited by the design/build method as well. Mr. Valickis informed Council that the latest word he had received regarding funding came from Water and Sewage Infrastructure Systems (WAIS)who ensured him that they were currently preparing the next grant program and will announce the details within the month since they were just waiting for senior government approval. He also explained that the Ministry said that this would be a one time program and no more grants would be available. The timing for application is expected to be this fall and the allotment will be based on a comprehensive formula taking into consideration factors such as average assessment and average family income in the area. It is also expected that there will be a priority rating committee set up to determine which communities are eligible. Mr. Demeyere suggested that the next step would be to look at possible sites for the sewage treatment facility. Council decided that in Mr. Demeyere's investigation that he should concentrate on a combined site for the Hamlets of Straffordville and Eden rather than two individual sites. It was determined that the next public meeting to consider the Final EA regarding preferred solutions would be held in October or November. In conclusion, Council thanked Mr. Demeyere and Mr. Valickis for their time and much appreciated expertise and professional opinions offered for the benefit of the Community. File: E5.3.1 &E5.3.2—See Item 7.1 (a) 5. INFORMATION ITEMS 97-378 Moved by W. Casier Seconded by John Nezezon "THAT Information items 5(a)—5(f) be received and filed." Disposition: Motion Carried Unanimously (a) Ministry of Agriculture,Food and Rural Affairs News Release dated July 24, 1997 regarding an initiative for Rural Youth to design a poster for the new"Rural Job Strategy Program."(Received and Filed) File: A16.11 (b) Rural Ontario Municipal Association(ROMA)publication"The Rural Review" dated July 1997. (Received and Filed) File: A1.5 (c) Elgin Community Development Corporation publication"Newsbeat". (Received and Filed) File: M6.1 COUNCIL MINUTES 185 JULY 31, 1997 5. INFORMATION ITEMS (continued) (d) Cowan Information Bulletin regarding Municipal Statutory Reform. (Received and Filed) File: M6.1 (e) The Elgin Community Partnership Notice of a Workshop to be held September 13, 1997—"Sharing a Vision to Build Better Elgin Communities." (Received and Filed) File: A4.1 (f) Transition Board Minutes of the Meeting held June 17, 1997. (Received and Filed) File: C13.2 6. PLANNING,DEVELOPMENT &RECREATION 1. CORRESPONDENCE&REPORTS (a) County of Elgin Land Division Committee Request for Comments—Application E-62/97 by Violet Stanat for consent to sever an agricultural parcel from Part Lots 109, 110 and 111, Concession North Talbot Road(NTR)which will result in the creation of three agricultural lots. File: D9.2.109 97-379 Moved by J. Barclay Seconded by W. Cosier "THAT the County of Elgin Land Division Committee be advised that the Township of Bayham recommends approval of Application No. E-62/97 by Violet Stanat for consent to sever an agricultural lot which will result in the creation of two additional lots affecting Part Lots 109, 110 and 111, Concession North Talbot Road (NTR)subject to the following condition: • Payment of$1,000 cash in lieu of park dedication (for the creation of two additional agricultural lots)" Disposition: Motion Carried The Staff Report suggested providing a condition to ensure any future use of the land would comply with the regulations of Minimum Distance Separate Standards of the Agricultural Code of Practice. The intent of this condition was to protect the existing farm practice across the road as well as any possible future residential dwellings from unfavourable conditions which may result from a livestock operation. Council believed that since all lands concerned were zoned agricultural,therefore, were already subject to the MDS separation standards,that the proposed condition would not be necessary. COUNCIL MINUTES 186 JULY 31, 1997 6.. PLANNING,DEVELOPMENT &RECREATION (continued) 1., CORRESPONDENCE&REPORTS (continued) (b) County of Elgin Land Division Committee Request for Comments—Application E-65/97 by Abram and Helena Fehr for consent to sever an Estate Residential lot from Part Lot 15, Concession 3, Part Park Lot 1, Plan 17. File: D9.2.110 97-380 Moved by J.Nezezon Seconded by J. Barclay "THAT the County of Elgin Land Division Committee be advised that the Township of Bayham recommends approval of Application No. E-65/97 by Abram and Helena Fehr for consent to sever an Estate Residential Lot on lands described as Part Lot 15, Concession 3 (Part Park Lot 1, Registered Plan 17) subject to the following conditions: • Payment of$500 cash in lieu of park dedication • That in order to satisfy the concerns of the Ministry of Environment and Energy, the applicant be advised that lot owners for both the severed and retained lots will be required to enter into a water agreement with the Township of Bayham for the provision of municipal water prior to a building permit being issued. Further that this condition be written as a covenant in any real estate offer which is accepted by the applicants for the severed lot. • That the Township be provided with a letter from the applicant acknowledging the conditions set out herein" Disposition: Motion Carried 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 4. PUBLIC MEETINGS 97-381 Moved by J. Barclay Seconded by J. Petrie "THAT the Council Meeting be adjourned for the purpose of holding public meetings pursuant to the provisions of the Planning Act." Disposition: Motion Carried Unanimously 1. Call to Order—Reeve Volkaert called the Public Meetings to Order at 7:30 p.m. 2. Disclosure of Pecuniary Interest and the General Nature Thereof Councillor Petrie disclosed a pecuniary interest and the general nature thereof with respect to Public Meeting No. (a) as the applicant is a client of his. COUNCIL MINUTES 187 JULY 31, 1997 6. PLANNING,DEVELOPMENT &RECREATION (continued) 4. PUBLIC MEETINGS(continued) 3. Applications: (a) Application by Paul and Jose DePlancke to rezone Part Lot 16, Concession 8, designated as Part 1 on Plan 11R-6156 to the Estate Residential Zone to facilitate the creation of one new estate residential lot in conformity with Official Plan Amendment No. 104 approved by the Ministry of Municipal Affairs and Housing. File: D13.1.66 (b) Application by Frank and Margaret Voth to rezone part Lot 20, Concession 8 from the Special Agricultural(A1-8)Zone to the Special Rural Industrial (M2-7) Zone to permit the expansion of an existing automotive service shop. File: D13.1.63 4. Staff Reports: (a) Council considered the written staff report submitted by the Clerk dated July 28, 1997. (b) The Deputy Clerk presented the highlights of the application and noted that By- law No. Z382-97 prepared by the Township's Planning Consultant reduced the number of permitted industrial uses in the M2 zone for this property. S. Public Comments: (a) None (b) None 6. Council Questions and Discussion: (a) Council confirmed the Township's intention to present an Offer to the applicant to purchase Part 3 on plan 11R-6156 in order to realign that portion of Sandytown Road. (b) Council asked a question which the applicant confirmed as his intention was to plant a buffer strip in the locations identified on his plan submitted with the application in order to provide a buffer from the adjacent residential properties. 7. Adjournment: 97-382 Moved by J. Petrie Seconded by J. Barclay "THAT the Public Meetings be Adjourned." Disposition: Motion Carried Unanimously COUNCIL MINUTES 188 JULY 31, 1997 6. PLANNING,DEVELOPMENT &RECREATION (continued) 4. PUBLIC MEETINGS(continued) 8. Formulation of Motions: (a) 97-383 Moved by J Barclay Seconded by J.Nezezon "THAT the application by Paul and Jose DePlancke to rezone Part Lot 16, Concession 8 from the Agricultural (A1) zoning designation to the Estate Residential (ER) zoning designation,being a parcel of 1.4 ha (3.5 acres) and the placement of the remaining lands into a Special Agricultural (A1-68) zoning designation be approved subject to the following conditions: • That an Offer to Purchase be presented to the applicants by the Township for the acquisition of the parcel identified as Part 3 on Plan 11R-61.56, being 1.29 acres in size for road realignment purposes. • That the requirements of the Elgin-St. Thomas Health Unit be complied with. • That in accordance with the written report from the Long Point Region Conservation Authority dated July 291997,the applicant be advised that a portion of the area to be rezoned is subject to long term erosion and potential instability,therefor the Township Chief Building Official will be applying Section 4.12.2 of the Zoning By-law with respect to any proposed construction. Section 4.12.2 states as follows: `Notwithstanding any other provisions of this By-law, no permanent buildings or structures shall be erected or used on lands which exhibit, or potentially exhibit a hazardous condition as a result of their susceptibility to flooding, erosion,subsidence, inundation or the presence of organic soils or steep slopes.' • That the location of any proposed driveway access be approved by both the Road Superintendent and the Chief Building Official/Drainage Superintendent. AND THAT Zoning By-law Z375-97 be presented to Council for enactment." Disposition: Motion Carried (b) 97-384 Moved by W. Casier Seconded by J.Nezezon "THAT the application by Frank and Margaret Voth to rezone Part Lot 20, Concession 8 comprising approximately 1 hectare (2.5 acres) from the Special Agricultural (A1-8) Zone to the Special Rural Industrial (M2-7) Zone in order to permit the expansion of an existing automotive service shop be subject to the following condition: • That the requirements of the Elgin-St. Thomas Health Unit be complied with. AND THAT Zoning By-law Z382-97 be presented to Council for enactment." Disposition: Motion Carried Unanimously COUNCIL MINUTES 189 JULY 31, 1997 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Cyril J. Demeyere Limited correspondence dated July 3, 1997 presenting the Draft Report on alternative designs for sewage treatment for the Hamlets of Straffordville and Eden prepared by Andrew Lugowski,P. Eng., Conestoga- Rovers&Associates. File: E5.3.1 97-385 Moved by J.Barclay Seconded by J.Nezezon "THAT the Draft Report on alternative designs for sewage treatment for the hamlets of Straffordville and Eden prepared by Andrew Lugowski,P. Eng., Conestoga Rovers &Associates be accepted." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) Councillor John Nezezon and Chief Building Official Dwayne Daniel will be assessing existing sidewalks and reporting back at the next Council Meeting. File: T6.1 8. PROPERTY,BUILDING&PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) Council directed that a congratulatory letter is to be forwarded to Volunteer Fire Fighter Kevin Vandevyvere who recently graduated from a Fire Protection Training Program at A &M Texas University, achieving an average of 96% and placing Third in his Class. COUNCIL MINUTES 190 JULY 31, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Calton Hall Community Board correspondence seeking assistance from the Townships of Bayham and Malahide to restore the Calton Community Hall. File: R4.1 and F11.6 97-386 Moved by J.Nezezon Seconded by W. Casier "THAT the correspondence dated July 14,1997 from Ross Learn on behalf of the Calton Hall Community Board seeking assistance from the Townships of Bayham and Malahide to restore the Calton Community Hall be accepted; AND THAT Mr.Learn be advised that the Council of the Township of Bayham authorizes staff to forward a donation of$500 to assist in the renovations to the Calton Hall." Disposition: Motion Carried Unanimously (b) Atikokan Flood Disaster Relief Committee correspondence requesting financial assistance. File: F11.1 97-387 Moved by J.Nezezon Seconded by W. Casier "THAT the correspondence dated July 18, 1997 from Susan Caldwell, Chairperson,Atikokan Flood Disaster Relief Committee requesting financial assistance be received and filed." Disposition: Motion Carried Unanimously (c) Transition Board Memorandum to Council from Richard J. Chowen, Chairman addressing outstanding obligations. File: C13.2 97-388 Moved by J. Barclay Seconded by J. Petrie "THAT the memorandum dated July 17, 1997 from Richard J. Chowen, Chair, Transition Board for the Municipal of Bayham/Port Burwell/Vienna addressing outstanding obligations to the existing municipal employees be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES 191 JULY 31, 1997 9. FINANCE,ADMINISTRATION& PERSONNEL (continued) I. CORRESPONDENCE&REPORTS (continued) (d) Association of Municipalities of Ontario publication "For the Record"dated July 9, 1997 providing an update on the Who Does What Initiative. File: A1.2 97-389 Moved by J. Petrie Seconded by J. Barclay "THAT the Association of Municipalities of Ontario(AMO) publication 'For the Record', dated July 9, 1997 providing an update on the Who Does What Initiative be received and filed." Disposition: Motion Carried Unanimously (e) Staff Report 97062 recommending enactment of By-law 97-37, being a by-law to authorize the 1997 Levy of Drain Maintenance. File: F22.9 97-390 Moved by J. Barclay Seconded by J. Petrie "THAT By-law 97-37 be presented to Council for enactment, being a by-law to authorize the levy of drainage maintenance, repair and improvement costs expended within the jurisdiction of the Township of Bayham on a proportionate basis according to the original by-law or a subsequent amending by-law,to the upstream lands and roads to be collected the same as taxes on the final tax roll for the 1997 fiscal year." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) The following Tenders for the renovations to the Bayham Community Centre were opened by the Administrator Treasurer: Grassmere Construction Ltd. $20,785 Reid&DeLeye Contractors Ltd. $23,849 The completion dates were stated as August 31st for Grassmere Construction Ltd. and three weeks after start date with no start date identified for Reid and DeLeye Contractors Ltd. 97-391 Moved by J.Nezezon Seconded by J. Barclay "THAT the tender submitted by Grassmere Construction Ltd. for the proposed renovations to the Bayham Community Centre washroom and janitorial room be accepted at a total tender price of$20,785." Disposition: Motion Carried Unanimously COUNCIL MINUTES 192 JULY 31, 1997 9. FINANCE,ADMINISTRATION &PERSONNEL (continued) 3. OTHER BUSINESS (continued) (b) The Administrator-Treasurer announced that the Township received an invitation from PAIRO (Professional Association of Interns and Residents of Ontario)to have a delegate from PAIRO attend an information gathering meeting to be scheduled in late September/early October. She was directed to arrange the PAIR()representative to appear as a delegation at the regular meeting of the Community Health Action Committee on Monday, September 29, 1997. (c) Correspondence from the Local Education Improvement Committee and London and Middlesex County Roman Catholic Separate School Board about the determination and distribution of public and separate school Board Trustees. File: 97-392 Moved by J. Nezezon Seconded by J.Petrie "THAT the correspondence dated July 21, 1997 from the Local Education Improvement Committee,District School Board No. 11 and correspondence dated July 28, 1997 from the London and Middlesex County Roman Catholic Separate School Board providing a report on the Determination and Distribution of School Board Member Positions for the 1997 Regular Election of Public District School Board# 11 and English Language Separate District School Board No. 38 respectively,be accepted." Disposition: Motion Carried Unanimously 10. ENVIRONMENT CORRESPONDENCE&REPORTS (a) Staff Report 97063 addressing land erosion problems along Lake Erie Shoreline. File: E5.1 97-393 Moved by J.Petrie Seconded by J. Barclay "THAT Staff Report 97063 be received for information; AND THAT Staff be directed to forward this information to the attention of Fred Groch,Elgin County Engineer, expressing the Township of Bayham's concern and request that the Engineer pursue possible solutions to the erosion problem being experienced on Part Lot 26 to 28, Concession 1 in the Township of Bayham; AND THAT a copy of this correspondence be forwarded to the land owners and cash crop farmer associated with the aforementioned lands and Gar Knutson,MP and Peter North MPP." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items COUNCIL MINUTES 193 JULY 31, 1997 10. ENVIRONMENT (continued) 3. OTHER BUSINESS (a) The Administrator Treasurer announced that the next Lower big Otter Remedial Project(LBORP)meeting has been scheduled for November 6, 1997, 1:30 p.m. in Tillsonburg—location to be announced later. 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 12. BY-LAWS Z375-97 To Rezone Part Lot 16, Concession 8--Paul &Jose DePlancke Z382-97 To Rezone Part Lot 20, Concession 8—Frank&Margaret Voth 97-37 To authorize the 1997 levy of Drain Maintenance 97-38 Confirming By-law 97-394 Moved by J. Barclay Seconded by W. Casier "THAT By-laws Z375-97, Z382-97 and 97-37 be read a first and second time." Disposition: Motion Carried 97-395 Moved by W. Casier Seconded by J. Barclay "THAT By-laws Z375-97,Z382-97 and 97-37 be read a third time and finally passed." Disposition: Motion Carried 97-396 Moved by J. Barclay Seconded by W. Casier "THAT By-law 97-38 be read a first and second time". Disposition: Motion Carried Unanimously COUNCIL MINUTES 194 JULY 31, 1997 12. BY-LAWS (continued) 97-397 Moved by J.Barclay Seconded by W. Casier "THAT By-law 97-38 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 97-398 Moved by W. Casier Seconded by J. Petrie "THAT the Council meeting be Adjourned at 10:28 p.m." Disposition: Motion Carried Unanimously // �� EVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O.BOX 160 STRAFFORDVILLE, ONTARIO August 7, 1997 7:00 p.m. 7:15 p.m.—Court of Revision—Drainage Act 7:30 p.m.—Public Meetings-Planning Act The regular meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday,August 7, 1997 in the Council Chambers. Present were, Reeve Joe Volkaert Sr.,Deputy Reeve John Nezezon, Councilors John E.Barclay and Jack Petrie, Administrator-Treasurer& Deputy Clerk Lynn S. Buchner, Chief Building Official/Drainage Superintendent Dwayne Daniel and Clerk Maureen Beatty. Absent with regrets was Councillor Wayne Casier 1. CALL TO ORDER Reeve Volkaert called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councillor Petrie disclosed a pecuniary interest and the general nature thereof with regard to Item 6.4 (d) and By-law Z384-97 as the applicant is his client. 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES 97-399 Moved by J.Nezezon Seconded by J. Barclay "THAT the Minutes of the Regular Council Meeting held July 31, 1997 be adopted as amended." Disposition: Motion Carried Unanimously 4. DELEGATIONS None 5. INFORMATION ITEMS 97-400 Moved by J. Petrie Seconded by J.Nezezon "THAT Information items 5(a)—5(f) be received and filed." Disposition: Motion Carried Unanimously (a) Ministry of Municipal Affairs and Housing correspondence dated July 30, 1997 advising of an amendment to the amalgamation order affecting the ward boundaries of the new municipality of Yarmouth/Belmont/Port Stanley. (Received and Filed) File: D16.1 COUNCIL MINUTES 196 AUGUST 7, 1997 5. INFORMATION ITEMS (continued) (b) County of Middlesex correspondence to the Premier of Ontario requesting a meeting to discuss the Who Does What Service Responsibility changes. (Received and Filed) File: A16.1 (c) Kettle Creek Conservation Authority correspondence advising of a tour of the Sarnia Leachate Treatment Plant, Wednesday,August 13, 1997. (Received and Filed) File: E7.1 (d) Monteith Zelinka Priamo Limited Invitation Golf Tournament,Friday, September 19, 1997, Ingersoll Golf& Country Club. (Received and Filed) File: M2.1 (e) Long Point Region Conservation Authority Minutes of the meeting held July 16, 1997. (Received and Filed) File: A16.6 (f) Municipal Business Services Inc. correspondence inviting Council Members to view their selection of Municipal Election Signs. (Received and Filed) File: C7.2 6. PLANNING,DEVELOPMENT & RECREATION 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 4. PUBLIC MEETINGS 97-401 Moved by J.Nezezon Seconded by J.Barclay "THAT the Council Meeting be adjourned for the purpose of holding public meetings pursuant to the provisions of the Planning Act." Disposition: Motion Carried Unanimously COUNCIL MINUTES 197 AUGUST 7, 1997 6. PLANNING, DEVELOPMENT &RECREATION (continued) 4. PUBLIC MEETINGS(continued) 1. Call to Order—Reeve Volkaert called the Public Meetings to Order at 7:30 p.m. 2. Disclosure of Pecuniary Interest and the General Nature Thereof Councillor Petrie disclosed a pecuniary interest and the general nature thereof with respect to Public Meeting No. (d) as the applicant is his client. 3. Applications: (a) Application by Paul and Mary Lee Ens to rezone a parcel of land comprising approximately 0.64 hectares (1.58 acres) situated on the west side of Mitchell Road in Part Lot 118, South of Talbot Road(STR)from the Agricultural (Al)Zone to the Rural Residential(RR) Zone to facilitate the creation of one new non-farm residential lot for retirement purposes. File: D13.1.64 (b) Application by Bernhard Harms,David Loewen& John Loewen to rezone a parcel of land comprising approximately 662 square metres(7126 square feet) situated on the south side of Main Street in the Hamlet of Straffordville from the Hamlet Commercial(HC)Zone to the Hamlet Residential (HR)Zone. The effect of this By-law will be to facilitate the severance,conveyance and consolidation of a vacant parcel of land to an adjacent residential land owner located immediately to the west of the subject lands. File: D13.1.65 (c) Application by Bill and Linda Rimnyak to permit the temporary establishment of a mobile home on lands situated on the east side of Bogus Road in Part Lot 14, Concession 4 to accommodate seasonal farm labour for a period of not more than three years. File: D13.1.68 (d) Application by William and Rosemary Ball to change the zoning on a parcel of land comprising approximately 0.93 hectares (2.3 acre) situated on the south side of Stewart Road in Part Lots 121 and 122, Concession North Side of Talbot Road (NSTR)from the Agricultural(Al)Zone to the Rural Residential(RR)Zone to permit the severance of a dwelling which has become surplus to the farming operation. File: D13.1.67 4. Staff Reports: (a) The Clerk explained that the application had been considered previously by Council for pre-consulting which resulted in a Council Resolution being passed to support the proposal. She noted that no written or verbal comments had been received from any area residents. Additionally,the Long Point Region Conservation Authority stated no concerns as there is sufficient room outside of the zoning by-law's defined hazard land to construct a residence. The Elgin/St. Thomas Health Unit stated `prior to the applicant submitting deeds for stamping at the County of Elgin, the Health Unit would require a site plan showing the results of a soil cut and soil percolation test conducted by a competent person and that there is a level land area free of trees of sufficient size to contain both a leaching bed designed to serve a three bedroom house and an adjacent area of equal size for the replacement of the leaching bed." COUNCIL MINUTES 198 AUGUST 7, 1997 6. PLANNING,DEVELOPMENT&RECREATION (continued) 4. PUBLIC MEETINGS(continued) 4. Staff Reports: (continued) (b) The Clerk explained that the Township first became aware of the proposed severance of a parcel to be joined with the adjacent property owned by Mr. and Mrs. Faulkner in 1996 when the County of Elgin Land Division Committee circulated the application for comments. She reminded Council that the property was viewed by them during a Council meeting which resulted in the passing of a resolution to request the County to impose conditions. Specifically,that the proposed severed parcel when adjoined with the Faulkner lot will not exceed 1390 m2 which is the minimum lot area of a Hamlet Residential lot. Further,that the severed parcel be rezoned from"Hamlet Commercial"(HC)to"Hamlet Residential"(HR). Therefore,the purpose of the rezoning application was to satisfy the conditions of severance requested by the Township. She noted that no written or verbal comments had been received from any area residents. Further, the Elgin/St. Thomas Health Unit stated no concerns provided the severed portion is used only as an addition to an adjacent developed property. (c) The Clerk explained that since the mobile home use has been deleted from the Agricultural(Al)Zone,this application is the first formal application to permit the erection of a mobile home for a period of three years. With the current procedures in place,in order for the applicant to request a renewal of the temporary use, another rezoning would be required involving payment of the application fee and public meeting process pursuant to the Planning Act. She noted that no written or verbal comments had been received from any area residents. Further,the Elgin/St. Thomas Health Unit had already issued a certificate of approval for the erection of the mobile home in 1997 and its proposed location in 1998. The Chief Building Official is also in agreement with the proposed locations. (d) The Clerk explained that although a lot has recently been severed off of the farm parcel, it was for retirement purposes by the previous owner and there does not appear to have been a surplus farm dwelling previously severed from the farm. In response to an enquiry by Deputy Reeve Nezezon,it was determined that the parcel located south of the subject severed lot is an existing parcel comprised of 15 acres which was not part of the subject property. She noted that no written or verbal comments had been received from any area residents. . The Elgin/St. Thomas Health Unit stated "prior to the applicant submitting deeds for stamping at the County of Elgin, the Health Unit would require a site plan showing the results of a soil cut and soil percolation test conducted by a competent person, the accurate location and components of the existing sewage system and water supply and that there is a level land area free of trees of sufficient size to contain a contingency area for the eventual replacement of the existing sewage system (the number of bedrooms and plumbing fixtures in the house help determine the amount of land needed). 5. Public Comments: (a) None (b) None (c) None (d) None COUNCIL MINUTES 199 AUGUST 7, 1997 6. PLANNING,DEVELOPMENT &RECREATION (continued) 4. PUBLIC MEETINGS(continued) 6. Council Questions and Discussion: (a) None (b) None (c) None (d) Reeve Volkaert expressed concern about the Township's policies which would permit a new owner of the farm parcel to build a residential dwelling. 7. Adjournment: 97-402 Moved by J. Petrie Seconded by J.Nezezon "THAT the Public Meetings be Adjourned." Disposition: Motion Carried Unanimously 8. Formulation oafMotions: (a) 97-403 Moved by J.Nezezon Seconded J. Petrie "THAT the application by Paul and Mary Lee Ens to rezone a parcel of land comprising approximately 0.64 hectares (1.58 acres) situated on the west side of Mitchell Road in Part Lot 118, South of Talbot Road from the Agricultural(Al) Zone to the Rural Residential (RR)Zone to facilitate the creation of one new non-farm residential lot for retirement purposes be approved; AND THAT By-law Z380-97 be presented to Council for enactment." Disposition: Motion Carried Unanimously (b) 97-404 Moved by J. Petrie Seconded by J.Nezezon "THAT the application by Bernhard Harms,David Loewen &John Loewen to rezone a parcel of land comprising approximately 662 square metres (7,126 square feet) situated on the south side of Main Street in the Hamlet of Straffordville from the Hamlet Commercial(HC) Zone to the Hamlet Residential (HR)Zone to facilitate the severance, conveyance and consolidation of a vacant parcel of land to an adjacent residential land owner be approved; AND THAT both the applicant and the adjoining property owner be advised that the increased size of the parcel owned by Mr. and Mrs. Faulkner will meet the minimum lot size for a Hamlet Residential Zone, and therefore may not be severed, further, that there is currently a development freeze imposed within the Hamlet of Straffordville; COUNCIL MINUTES 200 AUGUST 7, 1997 6. PLANNING,DEVELOPMENT &RECREATION (continued) 4. PUBLIC MEETINGS(continued) 8. Formulation of Motions: (continued) Motion 97-404 (continued) AND THAT Zoning By-law Z381-97 be presented to Council for enactment." Disposition: Motion Carried Unanimously (c) 97-405 Moved by J.Nezezon Seconded by J. Barclay "THAT the application by Bill and Linda Rimnyak to permit a temporary establishment of a mobile home on lands situated on the east side of Bogus Road in Part Lot 14,Concession 4 to accommodate seasonal farm labour for a period of not more than three years be accepted; AND THAT Zoning By-law Z381-97 be presented to Council for enactment." Disposition: Motion Carried Unanimously (d) 97-406 Moved by J. Barclay Seconded by J.Nezezon "THAT the application by William and Rosemary Ball to change the zoning on a parcel of land comprising approximately 0.93 hectares (2.3 acres) situated on the south side of Stewart Road in Part Lots 121 and 122, Concession North Side Talbot Road from the Agricultural (Al) Zone to the Rural Residential(RR) Zone to permit the severance of a dwelling which has become surplus to the farming operation be approved; AND THAT Zoning By-law Z384-97 be presented to Council for enactment." Disposition: Motion Carried 7. ROADS,AGRICULTURE & DRAINAGE I. CORRESPONDENCE&REPORTS No Items COUNCIL MINUTES 201 AUGUST 7, 1997 7. ROAD, AGRICULTURE & DRAINAGE (continued) 2. UNFINISHED BUSINESS (a) Staff Report 97066 from Dwayne Daniel, Chief Building Official regarding a recent review of Township sidewalks and priority setting for repairs. File: T6.1 97-407 Moved by J.Nezezon Seconded by J. Barclay "THAT Staff Report 97066 addressing sidewalk deficiencies be accepted; AND THAT staff be directed to retain a contractor to undertake the necessary work as outlined in the Report within the approved 1997 budget limitations." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS (a) Staff Report 97067 regarding Stimers Award Drain Petition. 97-408 Moved by J. Petrie Seconded by J. Barclay "THAT Report 97067 from the Administrator Treasurer regarding Stimers Award Drain Petition be received; AND THAT in accordance with Section 8(1) of the Drainage Act the Council of the Township of Bayham appoints John Spriet, of Spriet Associates Consulting Engineers to make an examination of the area described in the petition for drainage works and proceed with the necessary steps in accordance with the Drainage Act." Disposition: Motion Carried Unanimously 4. COURT OF REVISION 97-409 Moved by J. Barclay Seconded by J.Nezezon "THAT the Council Meeting be adjourned for the purpose of holding a Court of Revision pursuant to the provisions of the Drainage Act." Disposition: Motion Carried Unanimously 1. Call to Order—Reeve Volkaert called the Court of Revision to Order at 7:15 p.m. 2. Disclosure of Pecuniary Interest and the General Nature Thereof No Member of Council disclosed a pecuniary interest and the general nature thereof. 3. (a) By-law 97-34 received first and second reading on July 17, 1997 for drainage works for lands referred to as Part Lot 6, Concession 9 and Part Lots 7 and 8 Concessions 8 and 9 concerning the construction of Bartley Drain 1997,Branch"A". COUNCIL MINUTES 202 AUGUST 7, 1997 7. ROADS,AGRICULTURE & DRAINAGE (continued) 4. COURT OF REVISION(continued) 4. Staff Report The Administrator Treasurer explained that pursuant to Section 52 of the Drainage Act, any owner land assessed for drainage works may appeal the assessment to any land or road as being too high or too low or that any land or road that should have been assessed has not been, or that due consideration has not been given as to the type of use of the land. She noted that no written notice had been submitted to the Clerk at least ten days before the date of the Court of Revision. Therefore By-law 97-34 may now be read a third time and enacted by Council. 5. Public Comments None 6. Council Questions and Discussion None 7. Adjournment 97-410 Moved by J. Petrie Seconded by J.Nezezon "THAT the Court of Revision pursuant to the Drainage Act be adjourned." Disposition: Motion Carried Unanimously 8. Formulation of Motion--See Item 9.3 (b) 8. PROPERTY,BUILDING&PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) List of Building Permits issued for the month of July, 1997, File: P8.1 97-411 Moved by J.Nezezon Seconded by J. Petrie "THAT the List of Building Permits issued for the month of July, 1997 be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items COUNCIL MINUTES 203 AUGUST 7, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Staff Report 97065 from the Clerk regarding the 1997 Municipal Election. File: C7.2 97-412 Moved by J.Nezezon Seconded by J. Barclay "THAT Staff Report 97065 providing a 1997 Municipal Election Plan be accepted as presented; AND THAT the proposed Advance Poll Voting Dates be confirmed as Saturday,November 1, 1997 and Wednesday,November 5, 1997 from 10:00 a.m.—6:00 p.m.; AND THAT By-law 97-40, being a by-law to set out the Advance Poll Voting Dates be presented to Council for enactment." Disposition: Motion Carried Unanimously (b) Kent Citizens for Local Democracy correspondence seeking financial support and feedback in their challenge of the unicity restructuring order imposed in Kent County. File: D16.1 97-413 Moved by J. Barclay Seconded by J. Petrie "THAT the correspondence dated received August 1, 1997 from the Kent Citizens for Local Democracy seeking financial support and feedback in their challenge of the unicity restructuring order imposed in Kent County be received and filed." Disposition: Motion Carried Unanimously (c) Correspondence from Deb Benner expressing her opposition to the"non- residents"user fees imposed by the Town Aylmer for recreational facilities. File: R4.1 97-414 Moved by J. Petrie Seconded by J.Nezezon "THAT the correspondence dated July 26, 197 from Deb Benner, a Bayham resident expressing her opposition to the "non residents" user fees imposed by the Town of Aylmer for the use of recreational facilities be received and filed" Disposition: Motion Carried Unanimously COUNCIL MINUTES 204 AUGUST 7, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (continued) (d) Correspondence from Jean Bircham, Secretary-Treasurer,Elgin Historical Society, seeking donations of archival materials for reference purposes. File: R1.1 97-415 Moved by J. Barclay Seconded by J. Petrie "THAT the correspondence dated July 15, 1997 from the Elgin Historical Society seeking donations of archival materials for reference purposes be received and filed." Disposition: Motion Carried Unanimously (e) Township of Malahide correspondence seeking support from Elgin Municipal Councils in their opposition to the County's decision to use a "Draft"or "Lottery"to determine the selection of County Road employees. File: D16.1 97-416 Moved by J. Petrie Seconded by J. Barclay "THAT the correspondence from the Township of Malahide seeking support from Elgin Municipal Councils in their opposition to the County's decision to use a "Draft" or"Lottery"to determine the selection of County Road employees be received and filed." Disposition: Motion Carried Unanimously (f) Cash Requirements for the period ending August 20, 1997 and Cheque Register for the period ending July 31, 1997. File: F10.3 97-417 Moved by J. Barclay Seconded by J. Petrie "THAT the Cash Requirements for the period ending August 20, 1997 and Cheque Register for the period ending July 31, 1997 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES 205 AUGUST 7, 1997 9. FINANCE,ADMINISTRATION &PERSONNEL (continued) CORRESPONDENCE&REPORTS (continued) (g) Staff Report 97064 regarding an application for a Tile Drainage Loan by Abram B. Peters—Part Lots 7 and 8, Concession 2. File: F9.2 &DT.3.9 97-418 Moved by J. Petrie Seconded by J. Barclay "THAT further to an application for a loan under the provisions of the Tile Drainage Act,R.S.O. 1980, C. 500; R.R.O. 1980,the Council of the Township of Bayham enact Rating By-law No. 97-39 to amend Rating By-law No. 97-23 to impose a special annual drainage rate based on the actual cost incurred in tile drainage construction upon Part Lots 7 & 8, Concession 2 in the Township of Bayham." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) The Administrator Treasurer reported that the Township had received a package from the Ministry of Municipal Affairs setting out estimated changes in municipal costs and revenues that would result from the government's Who Does What initiative. She cited a statement from the document which lists several reasons why the estimates included in the package should not be used to estimate overall impacts on municipalities. The Administrator-Treasurer contacted the City Treasurer to see if she could provide an estimate of the impact that these estimates would have on the County levy and her response was that there are still too many unknowns to establish any estimates at this time. The Administrator-Treasurer also noted that preliminary estimates have been provided by the Ontario Provincial Police for the provision of service as follows: Bayham Township $426,966.27 Village of Port Burwell $129,123.00 Village of Vienna $ 48,206.00 COUNCIL MINUTES 206 AUGUST 7, 1997 9. FINANCE,ADNIINISTRATION&PERSONNEL (continued) 3. OTHER BUSINESS (continued) (b) Tender Opening for the Drainage Works,Bartley,Drain, Branch"A". Tenders were requested from four contractors with a closing set for 12 noon, August 7, 1997. One tender for the drainage works was received. 97-419 Moved by J. Barclay Seconded by J. Petrie "THAT the tenders for the Drainage Works on the Bartley Drain 1997 Branch "A" be received; AND WHEREAS the tender price cannot exceed more than one third of the Engineer's estimate of construction costs amounting to $ 43,000 without inviting further public comment; AND THAT the tender submitted by Van Gorp Farm Drainage Ltd. for a total tender price of$36,519.12 be accepted; AND THAT By-law 97-34, being a by-law to provide for drainage works in the Township of Bayham for the Bartley Drain be presented to Council for third reading and enactment." Disposition: Motion Carried Unanimously 10. ENVIRONMENT 1. CORRESPONDENCE& REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) Reeve Volkaert questioned the current legislation regulating and/or prohibiting smoking in public buildings and privately owned businesses. Staff agreed to make the necessary enquiries and report back to Council. 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items COUNCIL MINUTES 207 AUGUST 7, 1997 11. COMMITTEE OF THE WHOLE (continued) 3. OTHER BUSINESS No Items 12. BY-LAWS Z380-97 To rezone Part Lot 118, South Side Talbot Road(Paul &Mary Lee Ens) Z381-97 To rezone Pt. Lots 5 &6, Registered Plan 205, (Harms &Loewen) Z383-97 To add a Temporary Zoning to permit a Mobile Home, Part Lot 14, Concession 4 (Bill&Linda Rimnyak) Z384-97 To rezone Part Lots 121 & 122, Concession NSTR, (William&Rosemary Ball) 97-34 To provide for drainage works—Bartley Drain 1997, Branch"A" (third reading only) 97-39 To amend By-law 97-23 imposing special annual drainage rates, Part Lots 7 & 8, Concession 2 97-40 A By-law to Establish Advance Poll Dates and Hours of Voting for the 1997 Municipal Election 97-41 Confirming By-law 97-420 Moved by J. Barclay Seconded by J.Nezezon "THAT By-laws Z380-97,Z381-97,Z383-97,Z384-97,97-39 and 97-40 be read a first and second time." Disposition: Motion Carried 12. BY-LAWS (continued) 97-421 Moved by J. Barclay Seconded by J.Nezezon "THAT By-laws Z380-97,Z381-97,Z383-97, Z384-97, 97-34,97-39 and 97-40 be read a third time and finally passed." Disposition: Motion Carried 97-422 Moved by J. Petrie Seconded by J.Nezezon "THAT By-law 97-41 be read a first and second time". Disposition: Motion Carried Unanimously 97-423 Moved by J. Barclay Seconded by J. Petrie "THAT By-law 97-41 be read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 208 AUGUST 7, 1997 13. ADJOURNMENT 97-424 Moved by J. Petrie Seconded by J.Nezezon "THAT the Council meeting be Adjourned at 9:50 p.m." Disposition: Motion Carried Unanimously " , 2k/—* ,L1 VE CLERK COUNCIL MEETING NIINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O.BOX 160 STRAFFORDVILLE, ONTARIO August 21, 1997 7:00 p.m. The regular meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday, August 21, 1997 in the Council Chambers. Present were, Reeve Joe Volkaert Sr., Councillors John E. Barclay, Jack Petrie and Wayne Casier,Administrator-Treasurer &Deputy Clerk Lynn S. Buchner, Road Superintendent Bob Bartlett and Clerk Maureen Beatty. Absent on vacation was Deputy Reeve John Nezezon. 1. CALL TO ORDER Reeve Volkaert called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No Member of Council disclosed a pecuniary interest and the general nature thereof. 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES 97-425 Moved by J. Barclay Seconded by W. Casier "THAT the Minutes of the Regular Council Meeting held August 7, 1997 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:20 p.m.—Mare Kampers,representing herself and other concerned residents appeared and requested Council's consideration in providing compensation to the Town of Aylmer for the $40.00 non-resident user fees currently being charged to Bayham residents for minor hockey and figure skating registration. She questioned why the Township had not responded favourably to a request from the Town of Aylmer for a 1997 financial contribution. Considerable discussion ensued about the number of Bayham children who are registered in hockey, figure skating and swimming programs in Aylmer. Jeff Robinson of Calton suggested that the residents pay the non-resident user fee and seek individual compensation from the Township. File: R4.1 See Item 6.1 (a) (b) 7:45 p.m.—Frank Voth appeared and expressed his opposition to the A1-8 zoning Restriction placed on his property, Part Lot 20, Concession 8, contained in Zoning By-law Z382-97 as it would prevent him from constructing a residential dwelling within the A1-8 area. He stressed that he was not made aware of the restriction until after the public meeting held on July 31 and therefore was not provided with an opportunity to express his opposition at that time. COUNCIL MINUTES 210 AUGUST 21, 1997 4. DELEGATIONS (continued) He indicated that although he had originally wished to seek an amendment to the by-law, he could not accept the further 20 day appeal period resulting from an amending by-law. He asked if there was any possible way to amend the by-law without a further delay. The Clerk advised Council that a misunderstanding had arisen between the Township and Mr. Voth because she was not aware of his intention to construct a further residential dwelling to the rear of the industrial parcel. She was of the understanding that when he appeared before Council in May, 1997 to present his proposal to expand the M2-7 area and request comments on a second proposal to sever a residential lot fronting on Highway 19 and was advised that Council was not favourable to any further residential use in the vicinity adjacent to the industrial area,he understood this to mean no further residential development. However, Mr. Voth apparently understood Council's position to relate only to the proposed severance on Highway 19. She noted that in future, all applicants will be provided with a copy of the zoning by-law prior to a public meeting under the provisions of the Planning Act being held. She added that an amendment to Zoning By-law Z382-97 would necessitate a further 20 day appeal period. File: D13.1.63 See Item 6.2 (a) (c) 8:15 p.m.—John Wahl,representing the Evangelical Mennonite Church appeared and requested preliminary comments for their proposal to construct a church on Part Lot 15, Concession 3 situated on Highway No. 19. He noted that the church building would accommodate 350-400 members. The Clerk explained that an amendment to the Township's Official Plan for "Institutional"use and zoning by-law amendment are required and the applicants are currently seeking comments from the Elgin/St. Thomas Health Unit. Council commented that they would like to see a more detailed plan showing the location of the proposed building, field bed, contingency field bed and parking area in order to determine if the lot is large enough to comply with parking requirements set out in the Zoning By-law regulations. The Clerk noted that the comments forthcoming from the Elgin/St. Thomas health Unit would likely dictate the placement of the parking area. File: D8.19 See Item 6.1 (b) (d) 8:38 p.m.—Road Superintendent Bob Bartlett appeared and provided a report on Road Department activities. File: T6.11 See Item 7.1 (a) 5. INFORMATION ITEMS 97-426 Moved by W. Casier Seconded by J.Barclay "THAT Information Items 5(a)—5(1) be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 211 AUGUST 21, 1997 5. INFORMATION ITEMS (continued) (a) Elgin/St. Thomas Health Unit 1996 Annual Report. (Received and Filed) File: A16.5 (b) Association of Municipalities of Ontario Alert regarding a request by municipal members of the two Who Does What Transition Teams to meet with the Premier to clarify their role. (Received and Filed) File: A1.2 (c) Association of Ontario Road Superintendents Newsletter, Summer, 1997. (Received and Filed) File: M6.1 (d) Community Transportation Action Program Newsletter, July, 1997. (Received and Filed) File: M6.1 (e) Lower Big Otter Remedial Project Steering Committee Meeting Notes for July 30, 1997 meeting. (Received and Filed) File: A16.6.5 (f) Township of Malahide Notice of Public meeting for proposed zoning by-law amendment. (Received and Filed) File: D13.4 6. PLANNING, DEVELOPMENT &RECREATION 1. CORRESPONDENCE& REPORTS (a) Petition from area residents addressed to the Town of Aylmer,Village of Springfield, Townships of Malahide, Bayham, South Dorchester and Yarmouth requesting their involvement in reconciling the dispute over the facility management card for non resident user fees for recreation facilities in Aylmer. File: R4.1 97-426 Moved by W. Casier Seconded by J. Petrie "THAT the Petition from area residents addressed to the Town of Aylmer, Village of Springfield,Townships of MaIahide,Bayham, South Dorchester and Yarmouth requesting their involvement in reconciling the dispute over the facility management card for non resident user fees for Aylmer Recreational Facilities be received; AND THAT the Bayham Township youth residents who register for the 1997/98 minor hockey and figure skating season be reimbursed the non- resident user fees providing the Township receives proof of payment." Disposition: Motion Carried Unanimously COUNCIL MINUTES 212 AUGUST 21, 1997 6. PLANNING,DEVELOPMENT & RECREATION (continued) 1. CORRESPONDENCE&REPORTS (b) Pre-consulting request by Evangelical Mennonite Church for comments concerning their proposal to amend the Township's Official Plan and Zoning By- law to permit the construction of a church on a parcel of land they have purchased conditionally described as Part Lot 15, Concession 3. File: D01 97-428 Moved by J. Barclay Seconded by J. Petrie "THAT the Evangelical Mennonite Church be advised that subject to receiving a formal application for amendment to the Township's Official Plan and Zoning By-law and comments from the Elgin/St. Thomas Health Unit and imposing any conditions deemed appropriate, the Council of the Corporation of the Township of Bayham is not opposed to their proposal for the construction of a church on the parcel of land described as Part Lot 15, Concession 3." Disposition: Motion Carried Unanimously (c) Motion to be considered by the Council of the Township of Malahide at its meeting to be held Thursday, August 21, 1997 regarding Non-resident User Fees for use of Town of Aylmer recreational facilities. File: C9.1 97-429 Moved by W. Casier Seconded by J. Barclay "THAT proposed Township of Malahide motion to be considered by its Council on August 21, 1997 regarding non-resident user fees for use of the Town of Aylmer recreational facilities be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Staff Report 97070 regarding Rezoning By-law Z382-97, and a request from Frank Voth for an amendment to delete condition 5.11.8.4 which prohibits the construction of a residential dwelling on the property zoned A1-8. File: D13.1.63 97-430 Moved by J. Barclay Seconded by W. Casier "THAT the request by Frank Voth for an amendment to delete condition 5.11.8.4 from Zoning By-law Z382-97 which prohibits the construction of a residential dwelling on the property zoned A1-8, designated as Part Lot 20, Concession 8 be received and filed; AND THAT Mr. Voth be advised that Council is not prepared to amend By-law Z382-97." Disposition: Motion Carried Unanimously COUNCIL MINUTES 213 AUGUST 21, 1997 6. PLANNING, DEVELOPMENT &RECREATION (continued) 2. UNFINISHED BUSINESS (continued) (b) Councillor Casier reminded Council that over the next three years,he would like Council to review and reconsider the temporary use by-law regulations for the erection of mobile homes on agricultural lots for farm help. Specifically,the fact that a renewal of the temporary use requires a property owner to be subjected to the full rezoning process again. The Clerk advised that the matter would be addressed in a forthcoming report to the Transition Board regarding land use planning for the municipality of Bayham/Port Burwell/Vienna. (c) Reeve Volkaert asked if a response had been received from Ontario Ministry of Agriculture Food and Rural Affairs about whether residential dwellings or agricultural lots are subject to minimum distance separation standards under the Agricultural Code of Practice. The Administrator-Treasurer responded that she spoke with Scott Oliver of the above Ministry who confirmed that minimum distance separation applies to properties adjacent to agricultural parcels and is calculated to the building, not the lot line. 3. OTHER BUSINESS (a) On behalf of Mr.Matt Schafer, Councillor Petrie asked if Council would favourably consider a proposal for St. Luke's Cemetery to expand on the retirement lot recently severed by Mr.Nasswetter, described as Part Lot 16, Concession 4. Council discussed the matter and could not support the proposal. Recently, a proposal for a church had been rejected. Further, Council believed it would not be appropriate to further develop a cemetery a short distance north of the present site. 4. PUBLIC MEETINGS None 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE& REPORTS (a) Staff Report 97069 from the Road Superintendent providing the status of Road Department activities. File: T6.1 97-431 Moved by J.Petrie Seconded by W. Casier "THAT Staff Report 97069 regarding Road Department Activities be received." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS None COUNCIL MINUTES 214 AUGUST 21, 1997 7. ROADS,AGRICULTURE &DRAINAGE (continued) 3. OTHER BUSINESS (a) Councillor Casier commended the County of Elgin and its contractors for the outstanding resurfacing job on Highway# 19 and Council instructed the Administrator-Treasurer to forward their appreciation and acknowledgement to the County Engineer. File: T6.1 S. PROPERTY,BUILDING&PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS (a) Tobacco sales and smoking controls guidelines for new businesses. File: H4.1 97-432 Moved by W. Casier Seconded by J.Petrie "THAT the tobacco sales and smoking controls guidelines for new businesses be received for information." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS (a) The Administrator Treasurer advised of a situation in the Hamlet of Straffordville whereby a Volunteer Fire-fighter has installed a 9-1-1 Municipal Address Sign which has been relocated by the property owner to a location which is less noticeable and could pose a risk. She requested advice on different options of dealing with such circumstances. Some suggestions were that the property owner sign a waiver indicating that the Township will not be held liable for any injury or delayed emergency response time or the enactment of a by-law prohibiting a property owner from removing or relocating a 9-1-1 sign. She noted that the recent Township Newsletter advised that signs would be installed in suitable locations which meet the criteria of the 911 signage policies. She added that the sign must be noticeable from the road at 3 metres. It was agreed that the Administrator-Treasurer would prepare a letter setting out the policy guidelines to be given to the By-law Enforcement Officer for delivery to property owners on an individual basis who violate the policy. COUNCIL MINUTES 215 AUGUST 21, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL 1. CORRESPONDENCE&REPORTS (a) City of Toronto correspondence dated July 24, 1997 seeking support regarding Report No. 18 "Canada Post Corporation—New Unaddressed Materials Policy." File: C7.2 97-433 Moved by W. Casier Seconded by J. Petrie "THAT the correspondence from the City of Toronto seeking support in their opposition to the Canada Post Policy respecting the Consumer's Choice not to receive unaddressed materials be received and filed." Disposition: Motion Carried Unanimously (b) Cash Requirements for the period ending August 31, 1997 and Cheque Register for the period ending August 20, 1997. File: F10.3 97-434 Moved by W. Casier Seconded by J. Barclay "THAT the Cash Requirements for the period ending August 31, 1997 and Cheque Register for the period ending August 20, 1997 be approved." Disposition: Motion Carried Unanimously (c) County Implementation Committee Minutes for the July 22, 1997 meeting. File: C13.2 97-435 Moved by J.Barclay Seconded by W. Casier "THAT the County Implementation Committee Minutes for the July 22, 1997 meeting be received." Disposition: Motion Carried Unanimously (d) Transition Board Meeting Minutes for the July 29, 1997 meeting. File: C13.2 97-436 Moved by J. Barclay Seconded by J. Petrie "THAT the Transition Board Meeting Minutes for the July 29, 1997 meeting be received." Disposition: Motion Carried Unanimously COUNCIL MINUTES 216 AUGUST 21, 1997 9. FINANCE,ADMINISTRATION &PERSONNEL (continued) I. CORRESPONDENCE&REPORTS (continued) (e) Village of Port Stanley correspondence seeking endorsement of a resolution to support the work and dedication of police officers. File: C9.1 97-437 Moved by J. Barclay Seconded by W. Casier "THAT the correspondence dated August 15, 1997 from the Village of Port Stanley seeking endorsement of a resolution to support the work and dedication of police officers be received and filed." Disposition: Motion Carried 2. UNFINISHED BUSINESS (a) Truck Tender closing—August 21, 1997. File: F18.1 97-438 Moved by J. Barclay Seconded by W. Casier "THAT the tenders submitted for the supply of a 1998 4 X 4 Pick Up Truck be accepted and referred to staff for review; AND THAT staff be directed to select the appropriate supplier based on the specifications quoted." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS No Items 10. ENVIRONMENT I. CORRESPONDENCE&REPORTS (a) County of Elgin Engineer correspondence dated August 11, 1997 responding to the Township's letter concerning Lake Erie shoreline erosion. File: A16.2 97-439 Moved by W. Casier Seconded by J. Petrie "THAT the correspondence from the County of Elgin Engineer responding to the Township's letter concerning Lake Erie Shoreline Erosion be received." Disposition: Motion Carried Unanimously COUNCIL MINUTES 217 AUGUST 21, 1997 10. ENVIRONMENT (continued) 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 12. BY-LAWS 97-42 Confirming By-law 97-440 Moved by J.Petrie Seconded by W. Casier "THAT By-Iaw 97-42 be read a first and second time." Disposition: Motion Carried Unanimously 97-441 Moved by J. Barclay Seconded by J. Petrie "THAT By-law 97-42 be read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 218 AUGUST 21, 1997 13. ADJOURNMENT 97-442 Moved by J.Barclay Seconded by W. Casier "THAT the Council meeting be Adjourned at 9:42 p.m." Disposition: Motion Carried Unanimously i(Pee/ •--tvec- 44ftL . E 2 CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE,ONTARIO September 4, 1997 7:00 p.m. The regular meeting of Council of the Township of Bayharn was held at 7:00 p.m. on Thursday, September 4, 1997 in the Council Chambers. Present were, Reeve Joe Volkaert Sr., Deputy Reeve John Nezezon, Councillors John E. Barclay, Jack Petrie and Wayne Casier, Administrator-Treasurer&Deputy Clerk Lynn S. Buchner and Clerk Maureen Beatty. 1. CALL TO ORDER Reeve Volkaert called the meeting to order at 7:00 p.m. and requested everyone in attendance to stand for a "Minute of Silence" in memory of Princess Diana. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No Member of Council disclosed a pecuniary interest and the general nature thereof. 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES 97-443 Moved by J. Barclay Seconded by W. Casier "THAT the Minutes of the Regular Council Meeting held August 21, 1997 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:15 p.m.—Bill Underhill and Carl Biro, representing Straffordville Cemetery appeared and requested Council's authorization to proceed with planned work for the Cemetery. Mr.Underhill indicated that the work consisted of chipping and tarring the driveways at an estimated cost of$8,000-$8,500 and re-siding and refurbishing the storage shed at an estimated cost of$3,000. File: S4.14 See Item 6.3 (a) (b) 7:30 p.m.—Ron Chatten, representing concerned Straffordville residents appeared and presented a petition containing 192 signatures opposing the Straffordville/Eden water/sewage study. He read aloud the following statement from the petition: "We, the undersigned declare our opposition to the proposed services of sewers and water to the Village of Straffordville, Ontario. The projected costs will place an unnecessary burden on those least able to afford this expensive project. The majority of residents have no need for these services, and it is vastly unfair to force all taxpayers to pay a substantial sum of money initially AND for many years to come, correcting the water problems of a very few residents. We have no problem with wells and septic systems,please don't create one." COUNCIL MINUTES 220 SEPTEMBER 4, 1997 4. DELEGATIONS (continued) Mr. Chatten explained that the majority of property owners have good water and properly working septic systems. He recalled that in 1995, residents attended a meeting to discuss a pollution problem with the water which resulted in water samples being tested. He noted that at that particular time,there was a great deal of concern expressed and the Straffordville Public School discontinued using well water. He added that Council decided to explore the matter further and had addressed three options: 1)Do nothing; 2) examine and correct the problem; and 3) install municipal water and sewers. He stressed that there was no pressure from the residents to pursue Option No. 3, however, further discussions with the consulting engineer indicates that the Township is moving closer to choosing Option No. 3 which would create a financial burden for residents. He respectfully requested Council to cease the engineering study and concentrate efforts on resolving the problems with other alternative solutions. Mr. Chatten stressed that upon reviewing the figures within the various consultant's reports, there appeared to be some misrepresentation. For example,the report stated 43 wells revealed nitrate contamination,whereas his calculations indicated 41 wells. Further,the largest percentage of contaminated wells are "non-health related". At this point, Mr. Chatten explained that he had discussed with a water purification company, a filtration system which will eliminate 98% of contaminants at a cost of$3000 per household for a total system, and$2000 per household for a system which will remove only nitrates. He recommended the Township pursue this option for all contaminated wells. Considerable debate ensued and residents in attendance spoke in support of Mr. Chatten's remarks. Reeve Volkaert responded by informing residents that the Elgin/St. Thomas Health Unit and the Ministry of Environment and Energy had placed a development freeze on the Hamlet of Straffordville until the water sewage problems are resolved. He stressed that a filtration system as suggested by Mr. Chatten was viewed by these agencies as a"band aid approach" and would not be the recommended option. He questioned the accuracy of the water/sewage cost estimates referred to by the delegation as the figures which appeared in a previous report by the consulting engineer were draft estimates and not to be considered reliable. He further stressed that in order to protect property values and provide Ji for growth and prosperity, the Township had an obligation to ensure that the matter of water contamination and sewage system deficiencies are resolved to the satisfaction of both the Elgin/St. Thomas Health Unit and the Ministry of Environment and Energy. Reeve Volkaert advised that a public meeting would be held in November at which time, further details would be available and residents would have an opportunity to question the engineering consultant on the test results, options identified and cost estimates. He thanked the residents for their comments and assured them that a decision would not be made without further details and public input. Deputy Reeve Nezezon added it is important to note that the aquifers are contaminated and neither water and sewer installation or a filtration system as recommended by the delegation would eliminate the contamination which has already occurred.However,water and sewers would prevent further contamination. COUNCIL MINUTES 221 SEPTEMBER 4, 1997 4. DELEGATIONS (continued) (c) 8:15 p.m.—Judy Oldham appeared and requested Council to accept her application to rezone Part Lot 21, Concession 8 to recognize a further reduction in the size of the lot zoned Agricultural (A1-14) in order to facilitate the severance of a parcel located south of the gully to be joined with the property to the west. The Clerk reminded J. Oldham and Council of the Council Resolution enacted on April 17th which indicated that the closure and conveyance of the unopened road allowance between Lots 21 and 22 would be considered concurrently with the development applications. File: D13.1. See Item 6.3 (c) 5. INFORMATION ITEMS 97-444 Moved by J. Nezezon Seconded by J. Barclay "THAT Information Items 5(a)—5(c) be received and filed." Disposition: Motion Carried Unanimously (a) Ministry of Municipal Affairs and Housing correspondence dated August 21, 1997 regarding"Who Does What"reforms. (Received and Filed) File: A16.7 (b) Association of Municipalities of Ontario 1998 Standing Committee&Task Force Membership Questionnaire. (Received and Filed) File: A16.7 (c) "Critical Change in Rural Ontario" Conference in Geneva Park, Ontario, October 6-7, 1997. (Received and Filed) File: A4.1 6. PLANNING, DEVELOPMENT & RECREATION 1. CORRESPONDENCE&REPORTS 97-445 Moved by J. Barclay Seconded by J. Petrie "THAT the official plan amendment and rezoning application submitted by Pensa &Associates,Agent and Solicitor for Pembina Exploration Limited to permit the development of a gas processing plant on property described as Part Lot 15, Concession 2 be accepted and referred to Cumming Cockburn Limited,Planning Consultants for review and scheduling of a public meeting." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items COUNCIL MINUTES 222 SEPTEMBER 4, 1997 6. PLANNING,DEVELOPMENT & RECREATION (continued) 3. OTHER BUSINESS (a) Request from Bill Underhill and Carl Biro on behalf of the Straffordville Cemetery for Council's authorization to expend funds for proposed work. 97-446 Moved by J.Nezezon Seconded by J. Barclay "THAT in response to a proposal presented by Bill Underhill and Carl Biro regarding work to be undertaken at the Straffordville Cemetery, they be advised that the Council of the Corporation of the Township of Bayham is in agreement with the work proposed for the Straffordville Cemetery as follows: • Tar and chip driveways at an estimated cost of$8000 - $8500 • Siding and refurbishing of the storage shed at an estimated cost of$3000" Disposition: Motion Carried Unanimously (b) Request for comments from the Elgin County Land Division Committee regarding severance application E-71/97 by Lillian Elise Wiggers for Part Lot 15, Concessions for the creation of one residential building lot. File: D9.2.111 97-447 Moved by J. Nezezon Seconded by W. Casier "THAT the County of Elgin Land Division Committee be advised that the Township of Bayham recommends approval of Severance Application E-71/97 by Lillian Elise Wiggers for Part Lot 15, Concession 3, (Part Park Lots 1 & 2, & Smith Block,Plan 17) for the creation of one residential building lot subject to the following conditions: • Payment of$500 cash in lieu of park land dedication • That the lot be serviced by municipal water, and prior to connection,the Purchaser shall make arrangements with the Township for water hook up and shall pay the water lot levy fee of$2,645." Disposition: Motion Carried Unanimously (c) Application by Judy Oldham to rezone Part Lot 21, Concession 8 to recognize a further reduction in the size of the lot zoned Agricultural A1-14 in order to facilitate the severance of a parcel located south of the gully to be joined with the property to the west be accepted and referred to Cumming Cockburn Limited for review and scheduling of a public meeting. 97-448 Moved by W. Casier Seconded by J.Nezezon "THAT the application submitted by Judy Oldham to rezone Part Lot 21, Concession 8 to recognize a further reduction in the size of the lot zoned Agricultural A1-14 in order to facilitate the severance of a parcel located south of the gully to be joined with the property to the west be accepted and referred to Cumming Cockburn Limited for review and scheduling of a public meeting." Disposition: Motion Carried Unanimously COUNCIL MINUTES 223 SEPTEMBER 4, 1997 6. PLANNING, DEVELOPMENT &RECREATION (continued) 4. PUBLIC MEETINGS None 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS (a) Staff Report 97071 regarding Soreny Farms Limited & Christina Michele Szorenyi and the Moore Bridge Works Agreement. File: T10.3 97-449 Moved by J.Nezezon Seconded by J. Petrie "THAT staff be directed to seek a legal opinion concerning paragraph 4 of the "Draft Moore Bridge Works Agreement" between the Township and Soreny Farms Limited and Christina Michele Szorenyi and report back to Council." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS (a) Correspondence from George Moore seeking an extension to Grey Street in Eden in order to allow him access to a parcel of land fronting on the former CP Rail Lands, described as Part Lot 23, Concession 8. File: T9.1 97-450 Moved by W. Casier Seconded by J.Petrie "THAT the letter from George Moore seeking an extension to Grey Street in Eden be accepted; AND THAT Staff be directed to liaise with the Otter Valley Utility Corridor and Recreation Trail Committee in this regard and report back to Council accordingly." Disposition: Motion Carried Unanimously COUNCIL MINUTES 224 SEPTEMBER 4, 1997 8. PROPERTY,BUILDING& PROTECTIVE SERVICES 1. CORRESPONDENCE& REPORTS (a) List of Building Permits issued for the month of August, 1997. File: P8.1 97-451 Moved by J. Barclay Seconded by W. Casier "THAT the list of Building Permits issued for the month of August, 1997 be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) Councillor Casier advised that two portable buildings have been placed on property at the south-west corner of Plank Road and Calton Line. He asked the Administrator to ensure the Chief Building Official is aware of the structures as they are sitting on cement blocks and are unsightly. File: P8.1 (b) Councillor Barclay asked that the Chief Building Official investigate the status of trailers which are situated on a property in Straffordville. File: P8.1 (c) Councillor Petrie reported that there are two Emergency 9-1-1 address signs on the property owned by Violet Stanat in Richmond. The Administrator—Treasurer agreed to investigate. File: P11.4 (d) The Administrator-Treasurer announced that an invitation had been received from the Ontario Provincial Police Community Policing Co-ordinator inviting anyone interested to attend a meeting at the St. Thomas O.P.P. Station on Wednesday, September 17th at 7:30 p.m. regarding"Crime Prevention Through Environmental Design." File: P11.2 (e) The Administrator-Treasurer provided an update on the work currently being undertaken at the Bayham Community and Recreation Centre and indicated that the sub-contractors have experience difficulty in acquiring the appropriate bathroom fixtures. Further, she is negotiating with the contractor for an agreeable cost to paint the hallway and trim. File: R4.2 (f) Councillor Barclay indicated that the ceiling of the pavilion situated in the Straffordville Ball Park had been vandalized and the O.P.P. were in the process of approaching the parents of the youths involved regarding payment for damages. File: R4.2 COUNCIL MINUTES 225 SEPTEMBER 4, 1997 S. PROPERTY, BUILDING& PROTECTIVE SERVICES (continued) 3. OTHER BUSINESS (continued) (g) Councillor Petrie announced that the Aylmer Police Department is in the process of preparing estimates for the provision of policing services to area municipalities. File: P13.1 9. FINANCE,ADMINISTRATION&PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Township of Ashfield correspondence dated August 12, 1997 seeking endorsement of a resolution requesting the Province to re-examine the Food Production Protection Act. File: C7.2 97-452 Moved by W. Casier Seconded by J.Nezezon "THAT the correspondence dated August 12, 1997 from the Township of Ashfield seeking endorsement of a resolution requesting the Province to re-examine the Food Production Protection Act be received and filed." Disposition: Motion Defeated 97-453 Moved by W. Casier Seconded by J. Barclay "THAT the Council of the Corporation of the Township of Bayham hereby endorses the following Resolution of the Township of Ashfield: "WHEREAS there has been an increasing number of intensive livestock operations establishing within Southwestern Ontario and in fact the Province as a whole; AND WHEREAS there has been a growing awareness and public concern over the potential for environmental deterioration of the land and water quality, associated with the increased numbers of these intensive operations; AND WHEREAS mounting pressure has been brought to bare on municipal councils to put into place, by-laws and policies which attempt to address the public's concerns over the handling of the volumes of waste from these intensive operations; AND WHEREAS the Province is in the process of enacting The Farming and Food Production Protection Act, 1997; AND WHEREAS the Farming and Food Production Protection Act, 1997 proposes to ensure that the food production industry in Ontario is protected from restrictive municipal by-laws and constrain "normal farm practices"; AND WHEREAS this proposed legislation fails to clearly define the term "normal farm practice"as it applies to intensive livestock operations; AND WHEREAS the Township of Ashfield feels that the Province must deal with this issue now as public momentum continues to grow, and to avoid costly Board hearings which are certain to arise; COUNCIL MINUTES 226 SEPTEMBER 4, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) 1. CORRESPONDENCE& REPORTS (continued) Motion 97-453 (continued) NOW THEREFORE BE IT RESOLVED THAT the Township of Ashfield hereby demands that the Province of Ontario re-examine the proposed legislation as it applies to intensive livestock operations and the potential for increased environmental risks which they represent by virtue of their size and numbers; AND THAT this resolution be forwarded to Premier Mike Harris, the Minister of Agriculture, Food and Rural Affairs, the Minister of Environment and Energy and Helen Johns,MPP, Huron; AND FURTHER THAT this resolution be circulated to all rural municipalities in the Province of Ontario urging them to contact the appropriate Ministers, Premier Michael Harris and their local MPPs indicating their support for this resolution." AND THAT the Township of Ashfield be advised of Bayham Township's endorsement of the above resolution; AND THAT a copy be forwarded to Premier Michael Harris,Minister of Agriculture,Food and Rural Affairs, the Minister of Environment and Energy, Gar Knutson,MP and Peter North, MPP." Disposition: Motion Carried Unanimously (b) Invitation to attend the Official Opening Ceremonies of the Bobier Villa Home for Seniors, Friday, September 12, 1997 (RSVP required). File: M2.1 97-454 Moved by J. Petrie Seconded by W. Casier "THAT the invitation for Council Members to attend the Official Ceremonies of the Bobier Villa Home for Seniors on Friday, September 12, 1997 be accepted; AND THAT the Bobier Home be advised that Reeve J.Volkaert Sr. and Deputy Reeve J. Nezezon will be attending to represent the Bayham Township Council." Disposition: Motion Carried Unanimously COUNCIL MINUTES 227 SEPTEMBER 4, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (continued) (c) Cash Requirements for the period ending September 20, 1997 and Cheque Register for the period ending August 22, 1997. File: F10.3 97-455 Moved by W. Casier Seconded by J. Petrie "THAT the cash requirements for the period ending September 20, 1997 be approved; AND THAT the Cheque Register for the period ending August 22, 1997 be approved,with the exception of the deposit to Grassmere Construction for work currently being undertaken at the Bayham Community Centre." Disposition: Motion Carried Unanimously (d) Transition Board Minutes for the Meeting held August 11, 1997. File: C13.2 97-456 Moved by J. Petrie Seconded by W. Casier "THAT the Transition Board Minutes for the Meeting held August 11, 1997, be received for information." Disposition: Motion Carried Unanimously (e) Transition Board Minutes for the Special Meeting held August 19, 1997. File: C13.2 97-457 Moved by W. Casier Seconded by J. Barclay "THAT the Transition Board Minutes for the Special Meeting held August 19, 1997 be received for information." Disposition: Motion Carried Unanimously (f) Ministry of Environment and Energy News Release announcing the details of the establishment of a$200 million fund to ensure Ontario communities receive save and clean drinking water. File: A16.10 97-458 Moved by J. Barclay Seconded by W. Casier "THAT the Ministry of Environment and Energy News Release announcing the details of the establishment of a$200 million dollar fund to ensure Ontario communities receive safe and clean drinking water be received; AND THAT Staff be directed to make application for financial assistance under this program for the proposed water/sewage projects for the Hamlets of Straffordville and Eden." Disposition: Motion Carried Unanimously COUNCIL MINUTES 228 SEPTEMBER 4, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) Petition submitted by Ronald Chatten on behalf of concerned Straffordville residents regarding the water/sewage study in Straffordville and Eden. File: E5.3.1 97-459 Moved by J.Nezezon Seconded by W. Casier "THAT the Petition submitted by Ronald Chatten on behalf of concerned Straffordville residents opposing the water and sewage installation identified in the StraffordvillelEden Water/Sewage Study be received." Disposition: Motion Carried Unanimously (b) Correspondence from Jim VanAsseldonk supporting the Straffordville/Eden Water Sewage Study. File: E5.3.1 97-460 Moved by W. Casier Seconded by J. Petrie "THAT the correspondence from Jim VanAsseldonk in support of the Straffordville/Eden Water Sewage Study be received." Disposition: Motion Carried Unanimously COUNCIL MINUTES 229 SEPTEMBER 4, 1997 H. COMNH 'TEE OF THE WHOLE 1. CORRESPONDENCE& REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 12. BY-LAWS 97-43 Confirming By-law 97-461 Moved by J. Petrie Seconded by W. Casier "THAT By-law 97-43 be read a first and second time." Disposition: Motion Carried Unanimously 97-462 Moved by W. Casier Seconded by J. Barclay "THAT By-law 97-43 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 97-463 Moved by J. Barclay Seconded by W. Casier "THAT the Council meeting be Adjourned at 9:41 p.m." Disposition: Motion Carried Unanimously I / 41/621.6ws • VE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO September 18, 1997 7:00 p.m. The regular meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday, September 18, 1997 in the Council Chambers. Present were,Reeve Joe Volkaert Sr., Deputy Reeve John Nezezon, Councillors John E. Barclay, Jack Petrie and Wayne Casier, Administrator-Treasurer& Deputy Clerk Lynn S. Buchner, Chief Building Official/Drainage Superintendent Dwayne Daniel and Clerk Maureen Beatty. 1. CALL TO ORDER Reeve Volkaert called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No Member of Council disclosed a pecuniary interest and the general nature thereof. 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES 97-464 Moved by J. Barclay Seconded by W. Casier "THAT the Minutes of the Regular Council Meeting held September 4, 1997 be adopted, as amended." Disposition: Motion Carried Unanimously (The Clerk was instructed to include under the "Delegation Section, 4.4 (c)", the discussion which occurred concerning the closure of a road allowance and conveyance to Peter Krahn at the request of Peter Krahn and Judy Oldham. J. Oldham was reminded that the closure and conveyance would be undertaken concurrently with the development applications in accordance with Council Resolution No. 97-0182 dated April 17, 1997) 4. DELEGATIONS (a) 8:00 p.m.—Cyril J.Demevere, Cyril J. Demevere Limited appeared and discussed the fundamentals of an alternative method of water treatment known as"Reverse Osmosis" which was recently suggested by residents of Straffordville as a possible treatment method for water in the Hamlet of Straffordville. He read verbatim his correspondence dated September 16th and the correspondence submitted by Ian D. Wilson Associates Limited, Consulting Hydrogeologists, Geologists and Engineers. In summary, Mr. Demeyere stressed the following points with regard to the concept of "Reverse Osmosis" : • The system is not used to treat all household water, only for drinking, cooking and dishwashing. • Hard water must first be softened and pre-treated. • It is more expensive to have water treated with this method than to access water from a trunk watermain. a Approximately five gallons of water are wasted in order to produce one gallon of filtered water. The wasted water flows into the septic system. • This system does not eliminate the nitrate contamination in the ground water. • This system will not eliminate the development freeze in Straffordville. See Items 10.1(b), 10.2 (b) & 10.3 (a) COUNCIL MINUTES 231 SEPTEMBER18, 1997 5. INFORMATION ITEMS 97-465 Moved by J.Nezezon Seconded by J. Barclay "THAT Information Items 5(a)—5(h) be received and filed." Disposition: Motion Carried Unanimously (a) Ministry of Community and Social Services correspondence dated September 2, 1997 regarding the consolidation of the management and delivery of Ontario Works and child care at the municipal level. (Received and Filed) File: A16.1 (b) Ministry of Municipal Affairs and Housing News Release dated September 2, 1997 advising that the Minister is in receipt of the Final Report of the Advisory Council on Social Housing Reform. (Received and Filed) File: A16.7 (c) Long Point Region Conservation Authority Minutes of the meeting held August 6, 1997. (Received and Filed) File: A16.6 (d) Port Burwell Community Child Care Centre correspondence expressing appreciation for the financial support received from Bayham Township. (Received and Filed) File: F11.6 (e) Township of Malahide,Notice of Public Meeting for application to rezone Part Lot 10, Concession 2 to permit the buying and selling of used cars. (Received and Filed) File: D13.4 (f) National "Take Our Kids to Work"Project for 1997,workplace guide regarding National Career Week. (Received and Filed) File: M2.1 (g) Middlesex-Elgin Community Leaders' Letter, September—October, 1997. (Received and Filed) File: M6.6 (h) Ontario Good Roads Association Municipal Routes Publication, July/August, 1997. (Received and Filed) File: M6.5 COUNCIL MINUTES 232 SEPTEMBER18, 1997 6. PLANNING,DEVELOPMENT & RECREATION 1. CORRESPONDENCE&REPORTS (a) Elgin County Board of Education, Straffordville-Eden Public School correspondence requesting the use of the Bayham Community Centre Park field for soccer practices. File: R4.2 97-466 Moved by J. Barclay Seconded by W. Casier "THAT the Elgin County Board of Education Straffordville-Eden Public School be advised that the Township of Bayham agrees to permit the use of the Bayham Community Centre Park for soccer practices commencing immediately through to October 31, 1997 between the hours of 11:40 a.m.—12:40 p.m.; AND THAT the Community Parks.and Recreation Committee be advised accordingly." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Update on the Bayham Community Centre renovations. File: R4.2 Chief Building Official Dwayne Daniel reported that the majority of the renovations are completed. However,tasks still to be completed are the installation of a mirror, adjustments to a toilet,placement of fillers in an electrical breaker box. He noted that painting has been completed up to the double doors. He was asked to obtain an estimate from Jim Chilcott for painting the balance of hallway. (b) Official Plan Amendment and Zoning By-law Amendment by Pembina Exploration Limited. Files: E6. &D8.1.20 Clerk Maureen Beatty reported that a public meeting date has been set for Tuesday, October 28, 1997 at 7:30 p.m. to be held at the Vienna Community Centre(location to be confirmed). 2. OTHER BUSINESS No Items 7. ROADS,AGRICULTURE & DRAINAGE I. CORRESPONDENCE&REPORTS (a) Staff Report 97072 regarding the Gilvesy-Baldwin Drain. File: DG.5 SEE ITEM 7.4 COUNCIL MINUTES 233 SEPTEMBER18, 1997 7. ROADS,AGRICULTURE &DRAINAGE (continued) 2. UNFINISHED BUSINESS (a) Town of Tillsonburg correspondence advising of a Council Resolution enacted concerning a proposed Boundary Road Agreement with Bayham Township for reconstruction of Bayham Drive. File: L4.7 97-467 Moved by W. Casier Seconded by J. Barclay "THAT the correspondence from the Town of Tillsonburg dated August 29, 1997, having reference to a proposed Municipal Road Boundary Agreement be received; AND THAT the Township of Bayham agrees to enter into discussions with the Town of Tillsonburg with the view of entering into a boundary road agreement for reconstruction of Bayham Drive from Clearview Drive to 90 metres south of Pressey Road for a maximum expenditure of$57,000 for 1997,to be shared equally between the two municipalities; AND THAT Council recommends to the 1998-2000 Council of the Municipality of Bayham that a boundary agreement for construction be entered into for completion of Bayham Drive from 90 metres south of Pressey Road to Highway 3 with the standard 50/50 cost sharing; AND FURTHER THAT the Township agrees to honour the Boundary Road Maintenance Agreement that expired July 3, 1996,until such time as the amalgamation of the Municipalities of BayhamlPort BurweIl/Vienna to allow the new municipality and the Town of Tillsonburg an opportunity re-negotiate the matter of maintenance and repair of Bayham Drive" Disposition: Motion Carried Unanimously 3. OTHER BUSINESS No Items 4. PUBLIC MEETING— 7:30 P.M. 97-468 Moved by J. Barclay Seconded by J. Petrie "THAT the Council meeting be adjourned for the purpose of holding a Public Meeting pursuant to Section 3 (7) of the Drainage Act,R.S.O. 1990, Chapter 126, concerning the Gilvesy-Baldwin Drain." Disposition: Motion Carried Unanimously 1. Call to Order-Reeve Volkaert called the meeting to Order at 7:30 p.m. 2. Disclosure of Pecuniary Interest and the General Nature Thereof—None 3. Subject- Proposed construction of the Gilvesy-Baldwin Drain, Part Lots 22 and 23, Concession 8 on either side of the old No. 19 Highway(Plank Road)—report dated August 29, 1997 from Spriet Associates, Consulting Engineers. File: DG,5 COUNCIL MINUTES 234 SEPTEMBER18, 1997 7. ROADS,AGRICULTURE &DRAINAGE (continued) 4. PUBLIC MEETING (continued) 4. Staff Report—Andy Spriet and John Spriet Jr., Spriet Associates were in attendance, answered questions of the residents and Council and provided advice on the most appropriate method of handling drainage. They recommended that contrary to the wording of the signed development agreement with Mr. and Mrs. Gilvesy,the Township should insist on the construction of catch basins at the north side of each lot as opposed to the construction of ditches and culverts. A. Spriet stressed that catch basins would eliminate the potential for future maintenance problems. Also, culverts limit the driveway locations and require proper sloping, and non-interference with grade in order to provide effective drainage management. Chief Building Official/Drainage Superintendent Dwayne Daniel attended and provided clarification concerning various points raised by residents and Council. 5. Public Comments Peter Dutcheck, from the County of Elgin questioned why a 500 mm surface pipe was proposed instead of a 600 mm pipe which is the preferred size of the County. He also asked whether the existing pipe would be removed. John Spriet Jr. responded that a 500 mm pipe was determined sufficient by John Sr. as the cover over the pipe was not enough for a 600 mm pipe. Andy Spriet added that one location will be grouted and the other old pipe will be removed if new piping is being placed in the existing location. George Gilvesy strongly objected to the requirement that he install catch basins as opposed to culverts which were previously agreed to by the Township. He argued that the cost of catch basins would be significantly higher and culverts would adequately drain surface water from the lots. Considerable discussion ensued with comments from residents Bill Baldwin and Mrs. Lawrence about the original cause of the drainage problems in the area. They made reference to an old existing tile and water which appears to come from the former CP Rail lands. 6. Council Questions and Discussion-Council asked if Dwayne Daniel could provide a cost comparison for catch basis vs. culverts. 7. Adjournment 97-469 Moved by W. Casier Seconded by J. Barclay "THAT the Public Meeting pursuant to Section 3 (7) of the Drainage Act,R.S.O. 1990, Chapter 126, be adjourned." Disposition: Motion Carried Unanimously 7. Formulation of Motion and Consideration of By-law 97-44. 97-470 Moved by J. Petrie Seconded by J.Nezezon "THAT consideration of Report N o. 96168 dated August 29, 1997 prepared by Spriet Associates referred to as "Gilvesy-Baldwin Drain"be deferred pending a staff report with a cost comparison of culverts vs. catch basin installation." Disposition: Motion Carried Unanimously (Resolution 97-470 was subsequently rescinded by Resolution 97-471) COUNCIL MINUTES 235 SEPTEMBER18, 1997 7. ROADS,AGRICULTURE & DRAINAGE (continued) 4. PUBLIC MEETING (continued) 8. Formulation of Motion and Consideration of By-law 97-44(continued). 97-471 Moved by J. Barclay Seconded by J. Petrie "THAT Council Resolution No. 97-470 be hereby rescinded; AND THAT in accordance with Chapter 14, Sections 44 and 46 of the Drainage Act, the Council of the Corporation of the Township of Bayham hereby adopts Report No. 96168 as prepared by Spriet Associates, dated August 29, 1997, and referred to as the "Gilvesy Baldwin Drain"; AND THAT upon adoption of the aforementioned Report,Provisional By-law No. 97-44 be given first and second reading; AND THAT Township Staff be directed to set a date for the first sitting of the Court of Revision on October 16, 1997 and distribute copies of the Provisional By-law and Notice of the time and place of the first sitting of the court of Revision to the affected parties; AND THAT Township Staff be directed to provide a cost comparison of the installation of culverts vs. catch basins on the proposed new road for Council's consideration." Disposition: Motion Carried Unanimously 8. PROPERTY,BUILDING& PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items COUNCIL MINUTES 236 SEPTEMBER18, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL 7. CORRESPONDENCE& REPORTS (a) Bayham Township Public Library correspondence requesting the Reeve to proclaim October 20-266 to be "Ontario Library Week"in the Township of Bayham. File: M2.1 97-472 Moved by J. Petrie Seconded by W. Casier "THAT the correspondence dated September 3, 1997 from Doris VanDenEeckhout, Bayham Township Public Library Supervisor requesting the Reeve to Proclaim October 20-26, 1997 as "Ontario Library Week"in Bayham Township be accepted and the Proclamation signed accordingly." Disposition: Motion Carried Unanimously (b) Village of Blyth correspondence requesting municipalities to communicate with the Association of Municipalities of Ontario with a letter of support and encouragement for prompt action to remove the education taxes from all property, including commercial and industrial tax base. File: C9.1 97-473 Moved by J. Nezezon Seconded by J. Petrie "THAT the correspondence dated September 10, 1997 from the Village of Blyth requesting municipalities to communicate with the Association of Municipalities of Ontario with a letter of support and encouragement for prompt action to remove the education taxes from all property, including commercial and industrial tax base be received and filed." Disposition: Motion Carried Unanimously (c) City of Thunder Bay correspondence requesting endorsement of a resolution objecting to the Federal Government's actions in the upgrade and sale of the Port of Churchill, Manitoba File: C9.1 97-474 Moved by J. Nezezon Seconded by W. Casier "THAT the correspondence dated September 12, 1997 from the City of Thunder Bay requesting endorsement of a resolution objecting to the Federal Government's actions in the upgrade and sale of the Port of Churchill,Manitoba be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 237 SEPTEMBER18, 1997 9. FINANCE,ADM[NISTRATION & PERSONNEL I. CORRESPONDENCE&REPORTS (d) County of Elgin correspondence requesting suggested names for a member to be appointed to the Land Division Committee to replace Mr.Max Stewart whose nine year term will be expiring. File: C11.1 97-475 Moved by J.Nezezon Seconded by J. Barclay THAT consideration of a request by the County of Elgin in a letter dated September 8, 1997,the Council of the Corporation of the Township of Bayham hereby submits the following suggested name(s) for consideration of an appointment to the County of Elgin Land Division Committee to fill the vacancy created by the expired term of member Max Stewart: D. Vane Chute or alternate Matt Schafer (subject to their acceptance) Disposition: Motion Carried Unanimously (e) Cash Requirements for the period ending September 30, 1997 and Cheque Register for the period ending September 20, 1997. File: F10.3 97-476 Moved by W. Casier Seconded by J. Barclay "THAT the Cash Requirements for the period ending September 30, 1997 be approved with the exception of Grassmere Construction Limited; AND THAT the Cheque Register for the period ending September 20, 1997 be approved." Disposition: Motion Carried Unanimously (f) County of Elgin Implementation Committee Minutes for the meeting held August 12, 1997. File: C13.2 97-477 Moved by J.Nezezon Seconded by W. Casier "THAT the County of Elgin Implementation Committee Minutes for the Meeting held August 12, 1997 be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES 238 SEPTEMBER18, 1997 9. FINANCE,ADMINISTRATION & PERSONNEL (continued) 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) Reeve Volkaert announced that the Transition Board had agreed at their previous meeting to appoint Lynn S. Buchner as Administrator/Treasurer of the new Municipality of Bayham, effective January 1, 1998. Administrator/Treasurer Lynn S. Buchner announced that the date of the next Transition Board Meeting is Monday, September 22,1997 and items on the agenda include reports addressing Chief Building Officials, By-law Enforcement Officers, Environmental Services and Transportation Services and Public Works. The Board will also consider a report on a proposed organization and staff structure. File: C13.2 10. ENVIRONMENT 1. CORRESPONDENCE& REPORTS (a) Delcan Corporation correspondence dated September 10, 1997 offering to discuss with the Township various options available for the most suitable water and sewage treatment in Straffordville. File: E5.3.1 97-478 Moved by J. Petrie Seconded by W. Casier "THAT the correspondence dated September 10, 1997 from Dave Kendall, Delcan Corporation offering to discuss with the Township various options available for the most suitable water and sewage treatment in Straffordville be received and filed." Disposition: Motion Carried Unanimously (b) Ian D. Wilson Associates Limited, Consulting Hydrogeologists, Geologists and Engineers correspondence addressing private water treatment feasibility, (reverse osmosis systems) for the Hamlet of Straffordville. File: E5.3.1 97-479 Moved by J. Barclay Seconded by J. Petrie "THAT the correspondence dated September 12, 1997 from Ian D.Wilson Associates Limited, Consulting Hydrogeologists, Geologists and Engineers addressing private water treatment feasibility (reverse osmosis systems) for the Hamlet of Straffordville be accepted and received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES 239 SEPTEMBER18, 1997 10. ENVIRONMENT (continued) 2. UNFINISHED BUSINESS (a) Ontario Clean Water Agency correspondence from Phyl Pressey providing information about the treatment process for Lake Erie water at the Elgin Area Water Plant. File: E3.1 97-480 Moved by J.Nezezon Seconded by W. Casier "THAT the correspondence dated September 9, 1997 from the Ontario Clean Water Agency providing information about the treatment process for Lake Erie water at the Elgin Area Water Plant be accepted and received for information." Disposition: Motion Carried Unanimously (b) Draft Report on alternative designs for sewage treatment as part of the Phase 1 and 2 Reports, Class Environmental Assessment for the Straffordville/Eden Water/Sewage Study prepared by Cyril J. Demeyere, Cyril J. Demeyere Limited, Consulting Engineers. File: E5.3.1 97-481 Moved by J.Nezezon Seconded by W. Casier "THAT the Draft Report on alternative designs for sewage treatment as part of the Phase 1 and 2 Reports, Class Environmental Assessment for the Straffordville/Eden Water/Sewage Study prepared by Cyril J. Demeyere, Cyril J. Demeyere Limited be received for information." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS (a) Cyril J. Demeyere Limited correspondence dated September 16, 1997 regarding the fundamentals of reverse osmosis water treatment for the Hamlet of Straffordville. File: E5.3.1 97-482 Moved by J.Nezezon Seconded by J. Barclay "THAT the correspondence dated September 16, 1997 from Cyril J. Demeyere Limited regarding the fundamentals of Reverse Osmosis treatment of individual well water supplies be received for information." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items COUNCIL MINUTES 240 SEPTEMBER18, 1997 11. COMMITTEE OF THE WHOLE (continued) 3. OTHER BUSINESS No Items 12. BY-LAWS 97-44 To provide for Drainage Works—Gilvesy/Baldwin Drain (first and second reading only) 97-45 Confirming By-law 97-483 Moved by J. Nezezon Seconded by W. Casier "THAT By-law 97-44 be read a first and second time." Disposition: Motion Carried Unanimously 97-484 Moved by W. Casier Seconded by J. Nezezon "THAT By-law 97-45 be read a first and second time." Disposition: Motion Carried Unanimously 97-485 Moved by W. Casier Seconded by J. Petrie "THAT By-law 97-45 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 97-486 Moved by J. Petrie Seconded by J. Barclay "THAT the Council meeting be Adjourned at 10:30 p.m." Disposition: Motion Carried Unanimously , w ' EVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO October 16, 1997 7:00 p.m. 7:30 p.m.—Court of Revision (Drainage Act) The regular meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday, October 16, 1997 in the Council Chambers. Present were, Reeve Joe Volkaert Sr.,Deputy Reeve John Nezezon, Councillors John E. Barclay, Wayne Casier and Jack Petrie, Administrator/Treasurer Lynn S. Buchner, Road Superintendent Bob Bartlett and Clerk Maureen Beatty. L CALL TO ORDER Reeve Volkaert called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councillor Casier disclosed a pecuniary interest and the general nature thereof with regard to Item 6.1 (a) as he is an adjoining property owner. 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES 97-514 Moved by J. Barclay Seconded by J. Petrie "THAT the Minutes of the Regular Council Meeting held October 2, 1997 be adopted, as amended." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:55 p.m.—Mike Wells,President and Keith Rattai,Vice President, Straffordville Minor Ball,were in attendance to request Council's reconsideration of the necessity for them to hire off-duty police officers to attend their teen dances. K. Rattai stressed that he believed there were a sufficient number of adult chaperones and security measures in place to ensure that the dances were both safe and secure. M. Wells added that they received a letter from Sgt. Crawford indicating that the O.P.P.policies state that in future,two off duty officers are required to attend dances at a cost of$37.50 each for a minimum period of four hours each. M. Wells stressed that if an incident occurred,the officers would not be in a position to lay charges. Council authorized the Straffordville Minor Ball to proceed with the holding of the next teen dance without off-duty police officers with a provision that they report back to Council at its meeting to be held November 20th, 1997 to discuss any problems which may have occurred. Further, Reeve Volkaert suggested the Administrator/Treasurer telephone the O.P.P. to advise of the date of the dance and suggest that an "on-duty"officer drive by and perhaps walk through the building. File: P11.2 &R4.2 COUNCIL MINUTES 256 OCTOBER 16, 1997 4. DELEGATIONS (continued) (b) 8:15 p.m.—Road Superintendent Bob Bartlett appeared and provided an update on road department activities and discussed Item 7.1 (a). 5. INFORMATION ITEMS 97-515 Moved by W. Casier Seconded by J. Barclay "THAT Information Items 5(a)--5 (i) be received and filed." Disposition: Motion Carried Unanimously (a) Bayham Community Health Action Committee Minutes of the meeting held July 14, 1997. (Received and Filed) File: S.02 (b) Prime Minister of Canada correspondence dated September 29,1997 enclosing Throne Speech delivered by the Right Honourable Romeo LeBlanc to open the 36th Parliament of Canada. (Received and Filed) File: M7.1 (c) Ontario Federation of Agriculture correspondence dated September 30, 1997 regarding the new"Farming and Food Production Protection Act, 1997. (Received and Filed) File: L10.1 (d) Union Gas/Centra Gas correspondence dated October 2, 1997 and October 7, 1997 regarding their plans to transfer their competitive,non-regulated business activities to their sister company,Union Energy. (Received and Filed) File: L4.2 (e) Environment and Energy Conference of Ontario correspondence regarding the fourth annual Conference of Ontario,November 18-19, 1997, Metro Toronto Convention Centre, Toronto. (Received and Filed) File: A4.1 {f) Canadian Firearms Centre/Department of Justice correspondence dated October 8, 1997 regarding the Firearms Act and Regulations. (Received and Filed) File: L10.1 (g) Canadian Soft Drink Association correspondence dated September 23, 2997 regarding waste issues. (Received and Filed) File: E7.2 (h) The Green Lane Letter publication, September 1997. (Received and Filed) File: M.02 COUNCIL MINUTES 257 OCTOBER 16, 1997 5. INFORMATION ITEMS (continued) (i) Township of Malahide Notice of a Public Meeting regarding a proposed official plan and by-law amendment. (Received and Filed) File: D13.4 6. PLANNING,DEVELOPMENT &RECREATION 1. CORRESPONDENCE&REPORTS (a) Staff Report 97076 regarding the Otter Valley Utility Corridor and Recreation Trail Public Open House#4 held October 9, 1997. File: D6.2 97-516 Moved by J. Barclay Seconded by J. Petrie "THAT Staff Report 97076 regarding the Otter Valley Utility Corridor and Recreation Trail Public Open House#4 held October 9, 1997 be received for information." Disposition: Motion Carried 2. UNFINISHED BUSINESS (a) Staff Report 97075 regarding a"Draft Agreement"with Pembina Exploration Limited for cost recovery of consulting services and processing. File: D8.1.20 97-517 Moved by J.Petrie Seconded by W. Casier "THAT the Draft Agreement between the Township of Bayham and Pembina Exploration Limited regarding the payment by Pembina for all reasonable costs incurred by the Township for the review and processing of their development applications for a gas processing plant proposed for Part Lot 15, Concession 2 be discussed in detail at a meeting to be held on Wednesday, October 22,1997 at 7:00 p.m.with the Township's Planning Consultant, Cumming Cockburn Limited and Solicitor,Willms & Shier." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS (a) Request for comments by Pat and Darlene Chambers concerning a proposal to rezone part Lot 23, Concession 4 to a Special Agricultural Zoning Designation to permit a mobile home on a temporary basis,Part Lot 23, Concession 4. File: DO1 97-518 Moved by W. Casier Seconded by J. Petrie "THAT in response to a request from Pat and Darlene Chambers for preliminary comments concerning a proposal to rezone Part Lot 23, Concession 4 to a Special Agricultural Zoning Designation to permit the erection of a mobile home on a temporary basis for three years to be utilized as a "Granny Flat", they be advised the following: COUNCIL MINUTES 258 OCTOBER 16, 1997 6. PLANNING,DEVELOPMENT &RECREATION(continued) 3. OTHER BUSINESS (continued) Motion 97-518 (continued) Council would be agreeable to the temporary use, subject to a formal application being submitted and any conditions deemed necessary being imposed such as location of the mobile home, agreement to be entered into concerning the removal of the mobile home when no longer being used as a `granny flat'. " Disposition: Motion Carried Unanimously (b) The Clerk announced that she has received confirmation that Pembina Exploration Limited has been purchased by a company named Tallisman, however, Pembina will continue to proceed with their development applications currently before the Township for a sour gas processing plant. File: D8.1.20 4. PUBLIC MEETINGS None 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE& REPORTS (a) Ministry of Transportation correspondence and "Draft Copy of the Minimum Maintenance Standards for Municipal Highways and Bridges. " File: T6.2 (Road Superintendent Bob Bartlett was in attendance and elaborated on the document). 97-519 Moved by W. Casier Seconded by J. Petrie "THAT the Ministry of Transportation correspondence and "Draft Copy of the Minimum Maintenance Standards for Municipal Highways and Bridges" be received for information." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items COUNCIL MINUTES 259 OCTOBER 16, 1997 7. ROADS,AGRICULTURE &DRAINAGE 4. COURT OF REVISION—7:30 p.m. 97-520 Moved by J. Petrie Seconded by W. Casier "THAT the Council Meeting be adjourned for the purposes of holding a Court of Revision pursuant to the provisions of the Drainage Act." Disposition: Motion Carried Unanimously 1. Call to Order—Reeve Volkaert called the Court of Revision to Order 2. Disclosure of Pecuniary Interest and the General Nature Thereof—None 3. Staff Report No. 97073 regarding Gilvesy-Baldwin Drain The Administrator/Treasurer elaborated on the report stating that no appeals had been received by the Clerk to date and if none were submitted at the Court of Revision, Provisional By-law 97-44 could receive third and final reading and tenders could be opened for the construction of the drain. 4. Public Comments—Mrs. Lawrence, an affected property owner asked when the project would be completed. She was advised that it would depend upon the workload and availability of the selected contractor. 5. Council Questions and Comments--None 6. Adjournment—7:34 p.m. 97-521 Moved by W. Casier Seconded by J. Petrie "THAT the Court of Revision pursuant to the Drainage Act be adjourned." Disposition: Motion Carried Unanimously 7. Council Disposition The Administrator/Treasurer proceeded to open tenders submitted by Van Gorp Farm Drainage Limited,Van Bree and D. R. Ryckman which resulted in the following resolution: 97-522 Moved by J. Petrie Seconded by J. Barclay "THAT in accordance with Chap. D.17, Section 58 of the DRAINAGE ACT, considering that no appeals have been received, Provisional By-law No. 97-44 be presented to Council for third reading; AND THAT Council hereby authorizes the construction of the drainage works as set out in Report No. 96168 described as the "Gilvesy-Baldwin Drain"prepared by Spriet Associates to commence no sooner than 10 days after the passing of the aforementioned By-law and no notice of intent to quash the By-law has been received; ...continued COUNCIL MINUTES 260 OCTOBER 16, 1997 7. ROADS,AGRICULTURE & DRAINAGE (continued) 4. COURT OF REVISION (continued) Motion No. 97-522 (continued) AND THAT a bid deposit of$ 4,411.80 be accepted from Van Gorp Farm Drainage Limited as tender security to ensure the dram is constructed in accordance with the "Specifications for Construction of Municipal Drainage Works"; AND THAT Staff notify the successful contractor to commence as soon after October 26, 1997 as possible." Disposition: Motion Carried Unanimously 8. PROPERTY,BUILDING& PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) The Administrator/Treasurer advised that the Village of Port Burwell had enacted a by-law to appoint Dwayne Daniel as Building/Plumbing Inspector for the Village of Port Burwell in the absence of Ed Roloson for the duration of the year 1997. As a result,the following resolution was presented and carried: 97-523 Moved by J. Barclay Seconded by J. Petrie "THAT in accordance with Chapter B.13,Paragraph 3,R.S.O. 1990 of the Building Code Act,the Corporation of the Township of Bayham authorizes Dwayne Daniel, Chief Building Official to act as "Building Inspector" in the absence of Ed Roloson, Village of Port Burwell, Chief Building Official/Inspector for the duration of the 1997 year; AND THAT the respective services be billed at a rate of$35.00 per hour." Disposition: Motion Carried Unanimously COUNCIL MINUTES 261 OCTOBER 16, 1997 9. FINANCE,ADMINISTRATION &PERSONNEL 1. CORRESPONDENCE& REPORTS (a) House of Commons, Official Opposition — National Unity correspondence dated October 1,1997 urging municipalities to enact resolutions regarding National Unity. File: C9.1 97-524 Moved by J. Petrie Seconded by J. Barclay "THAT the correspondence dated October 1, 1997 from the House of Commons, Official Opposition—National Unity, urging municipalities to enact resolutions regarding National Unity be received and filed." Disposition: Motion Carried Unanimously (b) Minutes from the Transition Board Meeting held Monday, September 22, 1997. File: C13.2 97-525 Moved by J. Barclay Seconded by J. Petrie "THAT the Transition Board Minutes of the meeting held September 22, 1997 be received for information." Disposition: Motion Carried Unanimously (c) Proposed Provincial-Municipal Infrastructure Amending Agreement regarding the Canada/Ontario Infrastructure Works Program Extension for the Teall Nevill Road. File: F11.1 97-526 Moved by J. Barclay Seconded by W. Casier "THAT By-law No. 97-47, being a by-law to authorize the Reeve and Clerk to enter into an agreement with Her Majesty the Queen in Right of Ontario as represented by the Ministry of Municipal Affairs and Housing with respect to the Canada/Ontario Infrastructure Works Program Extension be presented to Council for enactment." Disposition: Motion Carried Unanimously COUNCIL MINUTES 262 OCTOBER 16, 1997 9. FINANCE,ADMINISTRATION & PERSONNEL (continued) I. CORRESPONDENCE&REPORTS (continued) (d) Ontario Healthy Communities Coalition correspondence dated October 2, 1997 announcing a"Healthy Communities Conference" on November 8, 1997 in London. File: SO.2 97-527 Moved by W. Casier Seconded by J. Petrie "THAT the Ontario Healthy Communities Coalition correspondence dated October 2, 1997 announcing a "Healthy Communities Conference" on November 8, 1997 in London be received and referred to the Bayham Community Health Action Committee for consideration." Disposition: Motion Carried Unanimously (e) Cash Requirements for the period ending October 31, 1997 and Cheque Register for the period ending October 20, 1997. File: F10.3 97-528 Moved by W. Casier Seconded by J. Barclay "THAT the Cash Requirements for the period ending October 31, 1997 and Cheque Register for the period ending October 20, 1997, be approved." Disposition: Motion Carried Unanimously (f) Interim Financial Statement for the period ending September 30, 1997. File: F10.3 97-529 Moved by J. Barclay Seconded by J. Petrie "THAT the Interim Financial Statement for the period ending September 30, 1997 be received for information." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items COUNCIL MINUTES 263 OCTOBER 16, 1997 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Delta Engineering correspondence dated September 29, 1997 regarding their estimates for a Snowfluent New Hamburg treatment system for the Villages of Straffordville and Eden. File: E5.3.1 97-530 Moved by J. Petrie Seconded by W. Casier "THAT the correspondence dated September 29, 1997 from Delta Engineering regarding their estimates for a Snowfluent New Hamburg Treatment System for the Villages of Straffordville and Eden be received for information." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 12. BY-LAWS 97-44 To provide for Drainage Works (Gilvesy-Baldwin Drain)—Third Reading Only 97-47 To enter into an Agreement with the Ministry of Municipal Affairs and Housing regarding Canada/Ontario Infrastructure Works Program Extension (Teall Nevill Road Project) 97-48 Confirming By-law COUNCIL MINUTES 264 OCTOBER 16, 1997 12. BY-LAWS (continued) 97-531 Moved by J. Barclay Seconded by J. Petrie "THAT By-law 97-47 be read a first and second time." Disposition: Motion Carried Unanimously 97-532 Moved by J. Petrie Seconded by J. Barclay "THAT By-laws 97-44 and 97-47 be read a third time and finally passed." Disposition: Motion Carried Unanimously 97-533 Moved by W. Casier Seconded by J. Barclay "THAT By-law 97-48 be read a first and second time". Disposition: Motion Carried Unanimously 97-534 Moved by J. Petrie Seconded by W. Casier "THAT By-law 97-48 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 97-535 Moved by J. Barclay Seconded by J. Petrie "THAT the Council meeting be Adjourned at 9:24 p.m." Disposition: Motion Carried Unanimously ;I/ ./ eA 414'124.,,11, EVE CLERK TOWNSHIP OF BAYHAM PUBLIC MEETING MINUTES October 28, 1997 at 7:30 p.m. Vienna Community Centre (Proposed Gas Plant—Pembina Exploration Limited) In attendance representing the Township of Bayham were Reeve Joseph Volkaert Sr., Deputy Reeve John Nezezon, Councillors Jack Petrie, Wayne Casier and Jack Barclay, several staff members, Gary Blazak, Cumming Cockburn Limited, Jim Drummond, Golder Associates, Kirk Walstedt, Willms & Shier, Barristers & Solicitors. In attendance representing Pembina Exploration Limited were Brian Boulton,V.P., Ontario Operations,Andrew Cantwell,Plant Facilities Superintendent,Dale Norman, Elexco, Paul Complin, Conor Pacific and D. Wayne Lewis, Pensa Associates, Banisters & Solicitors. 1. CALL TO ORDER&OPENING REMARKS Reeve Volkaert called the public meeting to order and read aloud the following prepared statement: "WELCOME AND THANK YOU FOR ATTENDING THIS PUBLIC MEETING TONIGHT. THE PURPOSE OF THIS MEETING IS TO ADVISE THAT THE TOWNSHIP HAS RECEIVED APPLICATIONS BY PEMBINA EXPLORATION LIMITED TO AMEND THE OFFICIAL PLAN AND ZONING BY-LAW IN ORDER TO PERMIT A SOUR GAS PROCESSING PLANT TO BE ERECTED AND OPERATED ONA PARCEL OF LAND CURRENTLY OWNED BY GILLES &BETTY THERRIEN AND LOCATED IN PART OF LOT 15, CONCESSION 2. THE PORTION OF THE PROPERTY WHICH IS PROPOSED FOR THIS USE IS APROXIMATELY 25 ACRES IN SIZE. THE MAJORITY LIES SOUTH OF THE FORMER CP RAIL LANDS WITH A PORTION NORTH TO HIGHWAY NO. 19. PEMBINA PROPOSES TO UTILIZE THE FORMER CP RAIL LAND TO TRANSPORT GAS BY WAY OF AN UNDERGROUND PIPELINE FROM THEIR GAS WELL IN LAKE ERIE TO THE SITE WHERE IT WILL BE PROCESSED AND TAKEN BACK TO THE LAKE THROUGH A SECOND PIPELINE FOR DISTRIBUTION TO THEIR PLANT IN PORT STANLEY. IN ORDER TO EVALUATE THIS PROPOSAL AND ENSURE THAT IT WILL NOT ADVERSELY AFFECT THE RESIDENTS, THE TOWNSHIP HAS HIRED SEVERAL CONSULTANTS TO ASSESS THE VARIOUS COMPONENTS OF THE GAS PLANT. THEY ARE WILLMS&SHIER, A LAW FIRM SPECIALIZING IN ENVIRONMENTAL ISSUES, CUMMING COCKBURN LIMITED, THE TOWNSHIP'S PLANNING CONSULTANT, GOLDER ASSOCIATES, AN ENVIRONMENTAL CONSULTANT. FURTHER, WE WILL BE APPOINTING SPRIET ASSOCL4 TES TO DEAL WITH DRAINAGE AND STORM WATER MANAGEMENT ALTHOUGH THIS PUBLIC MEETING ISA STATUTORY MEETING PURSUANT TO THE PLANNING ACT, ITIS NOT THE ONLY ONE WHICH WILL BE HELD AND NO DECISIONS WILL BE MADE THIS EVENING AS WE NEED MORE DETAILED INFORMATION WHICH WILL ADDRESS THESE ISSUES AND FOCUS PRIMARILY ON AIR QUALITY, GROUNDWATER PROTECTION, TRAFFIC AND NOISE. THIS EVENING, WE WILL HEAR FROM REPRESENTATIVES OF PEMBINA ABOUT THEIR PROPOSAL AND YOU HAVE AN OPPORTUNITY TO ASK QUESTIONS CONCERNING THE GAS PLANT. Public Meeting Minutes—Pembina Exploration October 28, 1997 Page 2 REMARKS WILL ALSO BE MADE BYA REPRESENTATIVE FROM THE MINISTRY OF NATURAL RESOURCES, KIRK WALSTEDT, FROM WILLMS& SHIER, GARY BLAZAK FROM CUMMING COCKB URN LIMITED AND JIM DRUMMOND FROM GOLDER ASSOCIATES. WHAT WE HOPE TO GAIN FROM THIS MEETING IS AN INDICATION FROM YOU ABOUT WHICH ISSUES ARE MOST IMPORTANT FOR US TO TAKE INTO CONSIDERATION. THERE WILL BE AN OPPORTUNITY FOR QUESTIONS AFTER THE PRESENTATIONS. AT THIS TIME I WOULD LIKE TO MAKE SOME INTRODUCTIONS: From the Township of Bayham: • MEMBERS OF COUNCIL Deputy Reeve John Nezezon, Councillors Wayne Casier, Jack Barclay and Jack Petrie • Administrator/Treasurer Lynn Buchner • Clerk Maureen Beatty • Chief Building Official Dwayne Daniel • From Cumming Cockburn Limited, Gary Blazak • From the law firm Willms &Shier, Kirk Walstedt • From Golder Associates, Jim Drummond • From the Ministry of Natural Resources, Ian Sedden I WOULD NOW LIKE TO CALL UPON WAYNE LEWIS, FROM PENSA ASSOCIATES, BARRISTERS&SOLICITORS, AGENTS FOR PEMBINA EXPLORATION TO INTRODUCE REPRESENTATIVES FROM PEMBINA AND TO BEGIN THEIR PRESENTATION. 2. PRESENTATIONS Mr. D. Wayne Lewis,Pensa Associates,Banisters & Solicitors confirmed that Pembina Resources was purchased by Talisman Energy of Calgary and the instructions he has received from Pembina is that they are committed to proceeding with the proposal. He added that Pembina is the largest company involved in gas exploration and processing of Lake Erie resources. Their intention is to bring gas on shore at Port Burwell to follow the former CP Rail lands to the site. The gas would be processed at the plant and may go back through the pipeline to Lake Erie to another destination point,however,there may be other distribution possibilities to consider. Pembina has obtained an option to purchase approximately thirty acres from Mr. and Mrs. Therrien as shown on the map with a roadway from Highway 19 along the limit of the property,the plant would be situated towards the back of the property. The balance of the lot will remain as it is today, a planted treed lot. He stated that Andrew Cantwell will explain how gas is processed, how the plant will operate,the chemicals on site,how they will be stored,traffic which will be generated etc. Andrew Cantwell indicated the plant would be a sour gas and a sweet gas plant and they have plans showing how the proposed plant sits on the property, layout, aerial view and topographic. In short, gas lines into the plant are saturated with water, gas is separated from the water,the water is stored in a tank, gas flows into a compressor. Gas from 80-100 lbs is compressed to 600-700 lbs for the stripping process in the sweetening section of the plant. Once compressed,Hydrogen Sulfide from the gas flows out into the evaporator stack and is burned off. The gas flows through a dehydrating process to remove all water to meet specifications for dry gas. Public Meeting Minutes—Pembina Exploration October 28, 1997 Page 3 The sweet gas inlet is a separate compression dehydration, and both streams go through a polishing skid to remove any odour for transfer to a utility. He stated that brine, a by-product, is stored in a lined brine tank and would be shipped by truck to Port Stanley and the Morpeth Plant in Howard Township for disposal in deep wells at both plants. Mr. Cantwell explained that the chemicals stored on site would be a sweetening solvent--glycol (30 barrells),toflu— 100 barrels, engine and auto coolant, methane injection to prevent freezing, 4-8 barrels of any one chemical stored on a barrel rack inside a berm similar to the brine tank. He stated that the produced gas will either go to Union Gas or other utilities. The highest structure is the incinerator stack which measures 24"x 30" in diameter and would be approximately 300 feet in height. With regard to safety features, he indicated that there is an emergency shutdown mechanism for fire and gas protection, one for hydrogen sulfide, one for sweet gas. If fire or gas were detected,the entire facility shuts down, and everything is vented. Mr. Cantwell stated that only two operators are required to operate the facility, one employee would be present five days per week for an eight hour shift and a second employee would be on an"on call"basis. The installed instrumentation ties into a computer and an auto dialer to telephone numerous people to be dispatched at any hour should a problem arise. Traffic generated from the facility would be one company pick up truck daily and a weekly brine hauling truck. D. Wayne Lewis, Pensa Associates added that the plant would be subject to a Ministry of Environment certificate of approval for air quality and Pembina has retained Conor Pacific, an environmental firm to assist them. He stressed that the Ministry is involved in the ongoing monitoring process. Paul Complin—Conor Pacific added that his firm has done some work with the Morpeth plant and the Ministry of Environment will issue air and noise certificates of approval and specifications which must be met to ensure that levels exceed the Ministry standards. With regard to the flare stack,the sulfur dioxide which is dissipated or diluted through the stack must meet the MOE standards and specific models. Compressors are a source of noise,but they can be reduced in a number of ways after completion of the design. For example,with materials that can be placed on the building and around the building. He stressed that the MOE will include any conditions they deem warranted to make sure the plant is operated according to their standards. With regard to stormwater management, Mr. Complin stated that Pembina will be designing the site to ensure stormwater remains on site. Further,the design will address excess water lying to the north of the former rail line and to the west. Pembina has drafted a site plan agreement which does address some of these concerns. He stated that the plant has a life span of 20-25 years, after this time, the plant will shutdown and be removed. Brian Boulton,Vice President Pembina announced that the anticipated tax revenue from the plant would be about$40,000 per year in taxes with little demand on services. Public Meeting Minutes—Pembina Exploration October 28, 1997 Page 4 Gary Blazak, Cumming Cockburn Limited stated that the public meeting was being held pursuant to the provisions of the Planning Act. The Official Plan designates this parcel of land as "Agriculture"even though the land is not actively farmed. The Province has replied that the plant is temporary and not a permanent installation and the direction the Township received from the Ministry of Municipal Affairs and Housing was to add a clause to the official plan "notwithstanding this facility can be operated on this property....". The input received from the public will go a long way in helping the Township reach a decision. If the proposed plant makes sense from a planning perspective. He stated that the site was chosen because of its relationship to the former rail land and the lake. While 32 acres in size, only 5% of the site will be utilized which is more than 1300 feet back from Highway No. 19, 1500 feet from any other buildings. The stack would be the only visible part of the plant. Council along with staff and experts would work closely with representatives of Pembina to produce a development agreement addressing all site development features such as access road, lighting, chemical spills, containment, signage etc. Council will take all of the information, including public comments and perhaps ask Pembina for further information then a decision will be made. This is the first formal exchange of information as more will follow. Kirk Walstedt,Willms & Shier,Barristers & Solicitors stated that his firm's role is to assist in the co-ordination of studies as the plan proceeds, and to assist in drafting and negotiating agreements. Jim Drummond, Golder Associates--indicated his firm's role was to review environmental aspects to ensure the Township and resident's concerns had been satisfactorily addressed,to ask specific technical questions and to review the conditions of Ministry of Environment Certificate of Approval. Ian Sedden—Ministry of Natural Resources—stated that the Petroleum Resources Mapping indicates that there is a very active off shore natural gas supply which has existed for many years. Further,the province is interested in enhancing the energy supply. He stressed that the standards applied come from differing ministries. Mr. Sedden indicated that in speaking with his ministry's petroleum engineers,he learned that Pembina Exploration has a long history of really satisfactory work in the province and they work very hard to ensure all standards are adhered to. His ministry has no direct permit or licensing authority, the actual terms are through the Ministry of Environment Certificate of Approval process. His staff have done a preliminary scan and it appears there are no natural wetlands within the site area. 3. QUESTIONS AND COMMENTS Pat Teall-Trudeau—stated that although Pembina may have an excellent record, her initial reaction is she did not want to live next to the plant. Further, she stated that we are not well serviced for emergencies. She questioned where response would be dispatched from in the event of an emergency and wanted more information about an emergency plan. She further expressed concern about the decreased value of her property. Andrew Cantwell—Pembina Exploration responded that should a situation arise, all gas would be contained and directed to the flare stack,there are no flammable liquids on site and the plant would shut down. Further,there is no source of ignition. Public Meeting Minutes—Pembina Exploration October 28, 1997 Page 5 Steve Trudeau—asked if the stack would clear away anything else burning and if a scrubber is designed to clear up gas, oil,buildings and chemicals. Further, what happens if compressors catch fire. Andrew Cantwell,Pembina Exploration responded that if a fire were to occur, anything in plant would be burned off and employees live within 30 min. of the plant for response. Their experience is they typically don't have problems in that area. Steve Trudeau—expressed further concern about the impact of sulfur dioxide on vegetation and what would happen if the scrubbers in the flare stack break down. Paul Complin—Conor Pacific responded that if the flare stack failed,the system would shut down. If the stack shuts down,the hydrogen sulfide doesn't go to the ground,part of the residue would vent out. Steve Trudeau—asked what does it do to the environment. Paul Complin—Conor Pacific responded virtually nothing. Steve Trudeau—recalled recent difficulties with the CASCO plant in London and asked if the Ministry of Environment monitors on a proactive basis, or do the residents have to report concerns by telephone. Andrew Cantwell—Pembina Exploration—stated that they undertake static monitoring on the Morpeth Plant every 3 months, but it's not a requirement. Ron Bradfield (Village of Port Burwell Councillor) stated that he had worked for this company and two others for several years and in his opinion, Pembina Exploration is committed to addressing safety and environmental concerns. Steve Trudeau—asked what the by-products are, and if acid rain will be caused from the product coming from the stack. Further, Pat Teall Trudeau asked why the plant couldn't be placed on the south half of the property which is already zoned industrial. Paul Complin, Conor Pacific—stated that part of the reason for the height of the stack is that it mixes with the ambient air. Harris Teall—asked if the Township and Pembina were concerned with safety, why was there only one access planned for the site as there was a given road allowance in existence from the south, why not utilize it. Further he asked how much land must be cleared for the plant. Andrew Cantwell—Pembina Exploration stated that the access was determined because of the direction of the prevailing winds. Approximately 4 acres of the site would be cleared, including the road access, everything else would remain. They will also be fencing the immediate site area with gates across the roads. For buildings, skids are mounted on steel posts and any spills would be drained to tanks. If soil must be removed to bring back the site to its present condition when the plant is no longer functional, it will be done. Further, monitoring equipment is placed strategically on the site. Resident—Name Unknown—asked if the surrounding crops fail for no apparent reason, why isn't monitoring being done now so there is a comparison factor. Valerie Donnell (Vienna Councillor)—asked if there would be an opportunity for residents to tour the plant in Port Stanley or Morpeth. Andrew Cantwell—Pembina Exploration—responded that he would be pleased to arrange a tour. Daniel Duiardin—asked why a brine disposal well is not being constructed on this site and if Amine is a carcinogen. Andrew Cantwell—Pembina Exploration stated that a brine well is not required for this site and amine is not a carcinogen. Public Meeting Minutes—Pembina Exploration October 28, 1997 Page 6 CLOSING REMARKS'BY REEVE VOLKAERT I WOULD LIKE TO THANK YOU ALL FOR ATTENDING. I THINK THIS MEETING HAS BEEN VERY WORTHWHILE AND WOULD LIKE TO STRESS THAT THE TOWNSHIP WILL DEFINITELY BE TAKING YOUR COMMENTS AND CONCERNS INTO CONSIDERATION AS WE PROCEED TO EXAMINE THIS PROPOSAL IN GREATER DETAIL. WE HAVE BEEN TOLD REPEATEDLY BY VARIOUS PROVINCIAL MINISTRIES THAT PEMBINA HAVE AN EXCELLENT REPUTATION FOR THEIR CO-OPERATIVE SPIRIT WITH COMMUNITIES AND HOW THEY DEAL WITH ENVIRONMENTAL CONTROLS. AS THIS PROPOSAL PROGRESSES, WE WILL HAVE ANOTHER PUBLIC MEETING AND YOU WILL BE INFORMED OF THE DATE AND LOCATION. HOWEVER, IN THE MEANTIME, IF YOU HAVE ANY QUESTIONS OR CONCERNS, PLEASE DON'T HESITATE TO CONTACT THE TOWNSHIP OFFICE OR SEND USA LETTER AND WE WILL DEFINITELY RESPOND TO THEM I WOULD ALSO LIKE TO TAKE THIS OPPORTUNITY PUBLICLY TO THANK PEMBINA, THE CONSULTANTS AND PROVINCIAL REPRESENTATIVE HERE TONIGHT FOR THEIR VALUABLE INPUT. AGAIN, I WOULD LIKE TO STRESS THAT A DECISION HAS NOT YET BEEN MADE ABOUT THIS PROPOSAL AS WE NEED TO RECEIVE ADDITIONAL INFORMATION ON THE VARIOUS ISSUES WHICH WILL PROVIDE US WITH THE CONFIDENCE THAT THE PROPOSAL WILL NOT ADVERSELY AFFECT THE SAFETY AND QUALITY OF LIFE OF OUR RESIDENTS. THERE ARE MEASURES WHICH CAN BE APPLIED TO ENSURE THAT THIS OCCURS. ADJOURNEAINT 8:55 P.M. TOWNSHIP OF BAYHAM COMMITTEE OF ADJUSTMENT MINUTES 6:00 P.M. June 19, 1997 The Committee of Adjustment for the Township of Bayham met on June 19, 1997 at 6:00 p.m. in the township Council chambers to consider application A/1-97, being an application by Abe and Anna Fehr concerning property described as Part Lot 15, Concession 3 (Part Park Lot 1, Plan 17, east side of Centre Road(formerly Centre Street). Present were Chair Joe Volkaert Sr.,Vice chair Wayne Casier,Members Ron Chatten, Lew Acre, Rose Laemers and Secretary-Treasurer Maureen Beatty. 1. CALL TO ORDER Chair Volkaert called the meeting to order at 6:00 p.m. and advised the Committee the purpose of the meeting was to consider an application submitted by Jack Petrie (Agent for Abe and Anna Fehr). 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No Member of the Committee made a disclosure of pecuniary interest and the general nature thereof. 3. STAFF REPORT The Secretary Treasurer reviewed the application with the Committee noting that the applicant was seeking a severance of the subject property currently Zoned Estate Residential(ER-14)into two estate residential lots.However, given the location of the property bounded on the east by Highway No. 19, on the north by Light Line and on the west by Centre Road,the severance would change the legal frontage of both lots. Given this, Section the existing garage would then be placed closer to the legal frontage lot line than the existing dwelling which was in contravention of the Zoning By-law, Subsections 4.2.2 and 4.2.4. Further, the setback from the lot line to the garage would only be 109 metres (35.76 feet) instead of the required 15 metres (50 feet). She added that comments had been sought from the Township's planning consultant and he recommended that the applicant seek a minor variance approval. 4. PRESENTATION BYAPPLICANT The applicants were represented by Jack Petrie who confirmed the comments of the Secretary Treasurer. He indicated that the existing garage is about 50 years old and his clients did not intend to remove the garage. Further, it would be unlikely that the garage could be relocated. He also noted that the barn which was located at the north end of the property has been removed. 5. PUBLIC COMMENTS No members of the public were in attendance to discuss the application. The Secretary Treasurer noted that written comments had been received from the Long Point Region Conservation Authority and the Elgin/St. Thomas Health Unit indicating they had no concern abut the proposed severance. COMMITTEE OF ADJUSTMENT MINUTES June 19, 1997 Page 2 6. COMMITTEE QUESTIONS AND DISCUSSION Ron Chatten expressed concern that the garage will completely be in front of the dwelling and therefore he couldn't support the application as he didn't consider it to be a minor variance. Committee members concurred. Wayne Casier expressed concern about the close proximity of a newly created lot to the hydro station on the west side of Centre Street and Light Line. The Secretary Treasurer pointed out that the subject property was included along with the Reiser/Wiggers lots on Centre Road in an official plan amendment and rezoning application which resulted in a direction by the Ministry of Municipal Affairs concerning the hydro station. Specifically,the Ministry ordered that any offers to purchase must include a noise advisory clause as the noise level generated by the hydro station exceeds the minimum standards. 6. COMMITTEE ACTION Moved by Vice Chair Wayne Casier Seconded by Member Ron Chatten "THAT the application by Abe and Anna Fehr pursuant to Section 45 of the Planning Act for a minor variance to allow: • Relief from the Front Yard Setback requirement to 10.9 metres (35.76 feet) from Light Line to the existing garage as opposed to the required 15 metres (50 feet). • Exemption from General Provisions Subsections 4.2.2 and 4.2.4 prescribing that accessory buildings shall not be situated within a required front yard or closer to the street than the main building. On Part Lot 15, Concession 3 (Part Park Lot 1,Plan 17—East side of Centre Road (formerly Centre Street) be refused as the variances are not considered minor in nature and would be in contravention of Zoning By-law General Provisions 4.2.2 and 4.2.4 prescribing that accessory buildings shall not be situated within a required front yard or closer to the street than the main building; AND THAT the applicant be advised that in order to pursue a severance, they will be required to demolish the existing garage and obtain the necessary demolition permit; AND FURTHER THAT the applicant be advised that the Ministry of Municipal Affairs and Housing have imposed a Noise Advisory Clause which must be included in any offer to purchase." Disposition: Motion Carried Unanimously 7. ADJOURNMENT The meeting was adjourned at 6:25 p.m. /I 'Wile.,` e- CHAIR SECRETARY TREMA. RER COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO October 2, 1997 7:00 p.m. 7:30 p.m.—Public Meetings -Planning Act The regular meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday, October 2, 1997 in the Council Chambers. Present were, Reeve Joe Volkaert Sr.,Deputy Reeve John Nezezon, Councillors John E. Barclay, Wayne Casier and Jack Petrie, Clerk-Maureen Beatty. 1. CALL TO ORDER Reeve Volkaert called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councillor Petrie disclosed a pecuniary interest and the general nature thereof with regard to Item 6.3 (a) and 6.3 (b) as the applicants are his clients. 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES 97-487 Moved by J. Nezezon Seconded by J. Petrie "THAT the Minutes of the Regular Council Meeting held September 18, 1997 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:45 p.m.—Constable Dennis Harwood and Detachment Commander John Stephens,Elgin O.P.P.were in attendance and presented the estimated costs for the provision of policing services to municipalities in Elgin County. Commander Stephens noted that the preliminary estimates were based on 1996 data to reflect the policing costs a municipality may expect to pay in 1998. He described in detail the analysis which was undertaken to develop the estimates and stated that the 1996 total estimated gross policing cost for Elgin County was $4,622,600.00 and in Bayham Township was $474,407.00 (average cost of$286.94 per household). 5. INFORMATION ITEMS 97-488 Moved by J. Petrie Seconded by J.Nezezon "THAT Information items 5(a)—5(I) be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 242 OCTOBER 2, 1997 5. INFORMATION ITEMS (continued) (a) Ministry of Municipal Affairs and Housing correspondence advising that meetings will be held with municipalities to discuss "Who Does What". (Received and Filed) File: A16.7 (b) Ministry of Consumer and Commercial Relations correspondence dated September 29 and 25, 1997 regarding the role of municipalities in charity gaming clubs. (Received and Filed) File: P7.2 (c) Association of Municipalities of Ontario "Alert"Publication dated September 8, 1997 regarding Bill 136. (Received and Filed) File: A1.2 (d) House of Commons Member, Inky Mark, M.P., Deputy Critic,National Unity correspondence seeking input about building a more united Canada. (Received and Filed) File: L9.1 (e) The Order of Ontario correspondence from Secretary General to the Order of Ontario and Deputy Minister, Ministry of Citizenship, Culture and Recreation inviting nominations for membership in"The Order of Ontario". (Received and Filed) File: M2.1 (f) Otter Valley Utility Corridor and Recreation Trail Notice of Open House, Thursday, October 9, 1997 at the Trinity Parish Hall,Village of Port Burwell, 7:00 p.m. (Received and Filed) File: D6.12 (g) Long Point Region Conservation Authority Newsletter "Conservation Matters" (Received and Filed) File: A16.6 (h) County of Elgin correspondence to the Minister of Economic Development, Trade and Tourism and Minister of Transportation of Ontario requesting increased roadside cutting. (Received and Filed) File: T6.1 (i) Harbour Lights Crop Management Systems—Allan Spicer Memorandum to the Transition Board encouraging the Villages of Vienna and Port Burwell and the Township of Bayham to jointly oppose the issuance of a building permit near Otterville for a large hog operation. (Received and Filed) File: D13.4 COUNCIL MINUTES 243 OCTOBER 2, 1997 5. INFORMATION ITEMS (continued) (j) Ministry of Municipal Affairs and Housing News Release dated September 22,1997 regarding municipal user fees. (Received and Filed) File: A16.7 (k) Township of Malahide Notice of Passing of Zoning By-law amendment. (Received and Filed) File: D13.4 (1) Long Point Region Conservation Authority Minutes of the meeting held September 3, 1997. (Received and Filed) File: A16.6 6. PLANNING, DEVELOPMENT & RECREATION 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS (a) Verbal Update on Pembina Exploration Limited—Official Plan and Zoning By- law Amendment. File: D8.1.20 &E6.5 The Clerk confirmed that notice of a public meeting to be held Tuesday, October 28th commencing at 7:30 p.m. at the Vienna Community Centre had been circulated to the area property owners and published in the Tillsonburg News. She added that written comments have not yet been received from the Ministry of Municipal Affairs or any of the Ministries who received a copy of the development applications. Further, a report would be submitted to Council on October 16th recommending an agreement between the Township and Pembina Exploration Limited for the payment of administration costs incurred for processing the applications. COUNCIL MINUTES 244 OCTOBER 2, 1997 6. PLANNING,DEVELOPMENT &RECREATION 3. OTHER BUSINESS (a) Request for comments by the County of Elgin Land Division Committee regarding severance application No. E-80/97 by William and Rosemary Ball to sever a surplus farm dwelling on property described as Part Lots 120, 121 and 122, Concession North Talbot Road(NTR). File: D9.2.113 97-489 Moved by W. Casier Seconded by J.Nezezon "THAT the County of Elgin Land Division Committee be advised that the Council of the Corporation of the Township of Bayham recommends approval of Severance Application E-80/97 by William and Rosemary Ball to sever a surplus farm dwelling on property described as Part Lots 120, 121 and 122,Concession North Talbot Road(NTR)subject to the following conditions: • The applicant be required to pay$500.00 cash in lieu of park dedication • The applicant be required to deposit a copy of any new survey with the Township." Disposition: Motion Carried Unanimously (b) Request for comments by the County of Elgin Land Division Committee regarding severance application No. E-79/97 by Paul and Jose DePlancke to sever a parcel of land from Part Lot 16, Concession 8 for an Estate Residential lot. File: D9.2.112 97-490 Moved by J.Nezezon Seconded by W. Casier "THAT the County of Elgin Land Division Committee be advised that the Council of the Corporation of the Township of Bayham recommends approval of Severance Application E-79/97 by Paul and Jose DePlancke to sever a parcel of land from Part Lot 16, Concession 8 for an estate residential lot subject to the following conditions: • The applicant be required to pay$500.00 cash in lieu of park dedication • The applicant be required to sell to the Township Part 3,Plan 11R-6156 for road widening purposes • The applicant be advised that residential development must be confined to the 1.4 ha of the parcel as noted in Long Point Region Conservation Authority correspondence dated July 29, 1997." Disposition: Motion Carried Unanimously (c) Councillor Barclay announced that the Straffordville Lions and Lioness Clubs are donating two new washroom doors for the Bayham Community Centre and will be donating the cost for painting. File: R.4.2 COUNCIL MINUTES 245 OCTOBER 2, 1997 6. PLANNING, DEVELOPMENT & RECREATION (continued) 4. PUBLIC MEETINGS 97-491 Moved by J.Nezezon Seconded by J. Petrie "THAT the Council Meeting be adjourned for the purpose of holding a Public Meeting pursuant to the provisions of the Planning Act." Disposition: Motion Carried Unanimously 1. Call to Order—Reeve Volkaert called the Public Meeting to Order at 7:30 p.m. 2. Disclosure of Pecuniary Interest and the General Nature Thereof No Member of Council disclosed a pecuniary interest and the general nature thereof. 3. Application: (a) Application by Judy Oldham to rezone a parcel of land situated on the south side of County Road 44, in Part Lot 21, Concession 8. The subject lands comprise approximately 12.8 hectares (31.6 acres) and the effect will be to permit the future severance and conveyance of the subject property to an adjacent land owner located immediately to the west. The Zoning By-law will recognize the further reduction of the size of the agricultural parcel which will be retained. File: D13.1.69 4. Staff Report: (a) The Clerk explained that the application had been considered previously by Council for pre-consulting which resulted in a Council Resolution being passed to support the proposal. She noted that no written comments had been received from any area residents. She referred to the written comments received from the Elgin/St. Thomas Health Unit and the Long Point Region Conservation Authority which were appended to the application contained within the agenda. The Clerk read aloud a memo from Gary Blazak, Cumming Cockburn, Planning Consultants concerning the rationale for prohibiting any additional residential buildings on the parcel to be retained and Zoned A1-14 as follows: "The Township of Bayharn has taken the position that significantly undersized parcels in the Al Zone are typically not viable farm parcels. As such, it has become the Township's expressed position that the establishment of a second dwelling on undersized Al lots should be prohibited in amending by-laws. The planning rationale inherent in this decision acknowledges that second dwellings cannot be justified as supplementary housing to a farm operation in accordance with Section 2.41 of the Zoning By-law. This site specific zoning approach will not prejudice any future proposals for changes in Official Plan designation on the property if and when technical evidence and justification is advanced for the expansion of a hamlet or as the case may be,for an Estate Residential designation. " The Clerk further referred to the previous discussion about the sale of the road allowance between Lots 20 and 21 to the adjacent property owner, Peter and Anna Krahn. She noted that the road allowance would not require a survey as it is referenced on Plan 11R-5199. Councillor Petrie recommended that staff be requested to examine the feasibility of closing the entire road allowance between Lots 20 and 21, Concession 8 from Eden Line southerly to Ridge Road. COUNCIL MINUTES 246 OCTOBER 2, 1997 6. PLANNING,DEVELOPMENT &RECREATION (continued) 4. PUBLIC MEETINGS(continued) 5. Public Comments: None 6. Council Questions and Discussion: None 7. Adjournment: 97-492 Moved by J. Petrie Seconded by W. Casier "THAT the Public Meeting be Adjourned." Disposition: Motion Carried Unanimously 8. Formulation of Motion: (a) 97-493 Moved by W. Casier Seconded J. Petrie "THAT the application by Judy Oldham to rezone a parcel of land situated on the south side of County Road 44,in Part Lot 21, Concession 8 comprising approximately 12.8 hectares (31.6 acres) to facilitate the future severance and conveyance of the subject property to an adjacent land owner located immediately to the west be approved; AND THAT By-law Z386-97 be presented to Council for enactment; AND THAT Staff be directed to take the necessary steps to close and sell the existing road allowance located between Lots 20 and 21, Concession 8; AND THAT the applicant be responsible for the legal and advertising expenses incurred in this regard" Disposition: Motion Carried Unanimously COUNCIL MINUTES 247 OCTOBER 2, 1997 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Sandy Shore Farms Limited correspondence addressing the erosion problems created by Lake Erie along the south side of Lakeshore Road. File: T6.1 97-494 Moved by J. Barclay Seconded by J. Petrie "THAT the correspondence from Sandy Shore Farms Limited regarding the erosion of land along the south side of Lakeshore Line be received and forwarded to the Elgin County Engineer as the County has taken a proactive approach in addressing the erosion situation and the threat of further erosion to the existing road." Disposition: Motion Carried Unanimously (b) Staff Report 97074 providing a cost comparison of the installation of catch basins vs. culverts with regard to the Gilvesy-Baldwin Drainage Report. File: D.G.5 97-495 Moved by J. Barclay Seconded by J. Petrie "THAT Staff Report 97074 providing a cost comparison of the installation of catch basins vs. culverts with regard to the Gilvesy-Baldwin Drainage Report be received for information; AND THAT notwithstanding Paragraph 3 of the executed agreement between the Township and George and Margaret Gilvesy, the preferred alternative for the handling of surface water is the installation of catch basins as opposed to culverts and that the plans prepared by L.A. Girard Engineer (Ontario)Limited dated January 15, 1996 be amended accordingly." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) The Clerk reported that South-West Oxford would be starting the Pressey Road construction project on October 6t'. File: T9.1 COUNCIL MINUTES 248 OCTOBER 2, 1997 8. PROPERTY,BUILDING&PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) List of Building Permits issued for the month of September, 1997. File: P8.1 97-496 Moved by W. Casier Seconded by J. Barclay "THAT the List of Building Permits issued for the month of July, 1997 be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 9. FINANCE,ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Black Fund Development Ink correspondence about the Great Hospitals Lottery, seeking approval to allow advertising in the Township of Bayham. File: P7.2 97-497 Moved by J. Barclay Seconded by J. Petrie "THAT the correspondence dated September 22, 1997 from Black Fund Development Ink regarding the "Great Hospitals Lottery" be received; AND THAT the organization be advised that the Council of the Corporation of the Township of Bayham have no objection to the lottery being advertised in the Township." Disposition: Motion Carried Unanimously (b) County of Elgin Implementation Committee Minutes of the meeting held September 2, 1997. File: C13.2 97-498 Moved by J. Barclay Seconded by W. Casier "THAT the County Implementation Committee Minutes of the meeting held September 2, 1997 be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES 249 OCTOBER 2, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) I. CORRESPONDENCE&REPORTS (continued) (c) County of Elgin correspondence to Secretaries of Lower-Tier Transition Boards advising of the disposition of remaining road-related County assets. File: C13.2 97-499 Moved by J. Petrie Seconded by J. Barclay "THAT the correspondence dated September 23, 1997 from the County of Elgin to the Transition Board Secretary advising of the disposition of remaining road related County assets be received for information." Disposition: Motion Carried Unanimously (d) Transition Board Meeting Minutes of the meeting held September 8, 1997. File: C13.2 97-500 Moved by J. Barclay Seconded by W. Casier "THAT the Transition Board Minutes of the meeting held September 8, 1997 be received for information." Disposition: Motion Carried Unanimously (e) Memorandum to all Bayham/Port Burwell/Vienna staff from Members of the Transition Board regarding Staff appointments effective January 1, 1998. File: C13.2 97-501 Moved by J. Nezezon Seconded by J. Barclay THAT the Memorandum to Bayham/Port Burwell/Vienna Staff from Members of the Transition Board regarding staff appointments effective January 1, 1998 be received for information." Disposition: Motion Carried Unanimously (f) The Municipality of Bayham Organization Charts—Parts 1 and 2, as approved by the Transition Board on September 22, 1997, effective January 1, 1998. File: C13.2 97-502 Moved by J.Nezezon Seconded by W. Casier "THAT the Municipality of Bayham Organization Charts—Parts 1 and 2 , as approved by the Transition Board on September 22, 1997, effective January 1, 1998 be received for information." Disposition: Motion Carried Unanimously COUNCIL NIINUTES 250 OCTOBER 2, 1997 9. FINANCE,ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (continued) (g) Cash Requirements for the period ending October 20, 1997 and Cheque Register for the period ending September 30, 1997. File: F10.3 97-503 Moved by J. Petrie Seconded by J.Nezezon "THAT the Cash Requirements for the period ending October 20, 1997 and Cheque Register for the period ending September 30, 1997, be approved, with the exception of Grassmere Construction Limited; AND THAT staff report back with a detailed summary of all costs for the Bayham Community Centre Project." Disposition: Motion Carried Unanimously (h) Ministry of Municipal Affairs and Housing correspondence advising of a South- western Regional Conference entitled "New Dimensions"Friday, December 5, 1997, London Convention Centre. File: A16.7 &A4.1 97-504 Moved by W. Casier Seconded by J.Nezezon "THAT the Ministry of Municipal Affairs and Housing correspondence advising of a South-western Regional Conference entitled "New Dimensions" to be held Friday,December 5, 1997 at the London Convention Centre be received; AND THAT the following representatives of Bayham Township be authorized to attend: Administrator/Treasurer Lynn S. Buchner Clerk Maureen Beatty Council Elect" Disposition: Motion Carried Unanimously (i) Correspondence from Lynn S. Buchner, Administrator/Treasurer to Canada/Ontario Infrastructure Works regarding funding through the Program for the Teall Nevill Road Project. File: A16.7.1 97-505 Moved by W. Casier Seconded by J. Petrie "THAT the Council of the Corporation of the Township of Bayham hereby approves the correspondence dated September 28, 1997 from Administrator/ Treasurer Lynn S. Buchner addressed to the Canada/Ontario Infrastructure Works requesting an extension to the proposed start date of the Teall Nevill Road Project No. 5-44602 to June 30, 1998 with a proposed completion date of September 15, 1998." Disposition: Motion Carried Unanimously COUNCIL MINUTES 251 OCTOBER 2, 1997 9. FINANCE,ADMINISTRATION & PERSONNEL (continued) 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) Reeve Volkaert suggested that the Administrator/Treasurer be directed to contact the Administrator, Tillsonburg District Memorial Hospital to discuss Bayham Township's efforts to recruit a physician to the Bayham Area. File: 50.1 97-506 Moved by J. Barclay Seconded by J. Petrie "THAT the Administrator/Treasurer be directed to contact Jim Spicer, Administrator, Tillsonburg District Memorial Hospital to discuss Bayham Township's efforts to recruit a physician to the Bayham area." Disposition: Motion Carried Unanimously (b) Councillor Petrie recommended that the Transition Board consider a recommendation to the 1998-2000 Council concerning the regulation of exotic animals. File: P1.1 97-507 Moved by J. Petrie Seconded by W. Casier "THAT the Transition Board be requested to consider a recommendation to the 1998-2000 Council for the regulations of exotic animals within the new municipality of Bayham" Disposition: Motion Carried Unanimously (c) Councillor Petrie suggested that a letter should be forwarded to Peter North, M.P.P. regarding funding for the water/sewage study in the Hamlets of Straffordville and Eden. File: E5.3.1 7 E5.3.2 97-508 Moved by J. Petrie Seconded by W. Casier "THAT a letter be forwarded to Peter North, M.P.P. explaining the water/sewage situation in the Hamlets of Straffordville and Eden; AND FURTHER THAT he be advised of the financial request submitted by Bayham Township to the Province to offset the cost of a preferred solution; AND THAT he be requested to assist in any way possible to ensure that the Provincial Government seriously considers granting Bayham Township funding." Disposition: Motion Carried Unanimously COUNCIL MINUTES 252 OCTOBER 2, 1997 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 12. BY-LAWS Z386-97 To Rezone Part Lot 21, Concession 8, Judy Oldham Confirming By-law 97-509 Moved by J. Nezezon Seconded by J. Petrie "THAT By-law Z386-97 be read a first and second time." Disposition: Motion Carried Unanimously 97-510 Moved by J. Barclay Seconded by W. Casier "THAT By-law Z386-97 be read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 253 OCTOBER 2, 1997 12. BY-LAWS (continued) 97-511 Moved by J. Petrie Seconded by J. Barclay "THAT By-law 97-46 be read a first and second time". Disposition: Motion Carried Unanimously 97-512 Moved by W. Casier Seconded by J. Barclay "THAT By-law 97-46 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 97-513 Moved by J. Barclay Seconded by J. Petrie "THAT the Council meeting be Adjourned at 9:30 p.m." Disposition: Motion Carried Unanimously EVE CLERK SPECIAL COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE,ONTARIO October 22, 1997 6:45 p.m. The special meeting of Council of the Township of Bayham was held at 6:45 p.m. on Wednesday, October 22, 1997 in the Committee Room. Present were, Reeve Joe Volkaert Sr., Deputy Reeve John Nezezon, Councillors John E. Barclay, Wayne Casier and Jack Petrie, Administrator/Treasurer Lynn S. Buchner and Clerk Maureen Beatty. 1. CALL TO ORDER Reeve Volkaert called the meeting to order at 6:45 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No Member of Council disclosed a pecuniary interest and the general nature thereof. 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES None 4. DELEGATIONS None 5. INFORMATION ITEMS No Items 6. PLANNING, DEVELOPMENT & RECREATION 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 4. PUBLIC MEETINGS None COUNCIL MINUTES 266 October 22,1997 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE& REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 8. PROPERTY,BUILDING& PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 9. FINANCE,ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Memorandum dated October 20, 1997 from Administrator/Treasurer Lynn S. Buchner regarding the Provincial Water Protection Fund. File: E5.3.1 97-536 Moved by W. Casier Seconded by J.Nezezon "WHEREAS the Township of Bayham has identified a problem area within its municipality with respect to the Hamlets of Straffordville and Eden where testing has discovered contamination of the groundwater in the upper sands which is primarily caused by effluent from the high density of septic systems situated on small lots with the possibility that further contamination is being caused by agricultural fertilizers; AND WHEREAS the Ministry of Environment and Energy has imposed a development freeze within the Hamlet of Straffordville and the immediate surrounding areas until the water and sewage problems are resolved; AND WHEREAS in response, the Township of Bayham has almost completed a Class Environmental Assessment related to the provision of communal water and sewage services to provide safe drinking water for its residents and to correct the existing pollution problems; COUNCIL MINUTES 267 October 22,1997 9. FINANCE, ADMINISTRATION&PERSONNEL (continued) CORRESPONDENCE& REPORTS (continued) Motion No. 97-536 (continued) AND WHEREAS Council would like to apply for financial assistance under the Provincial Water Protection Fund to assist in constructing the proposed water and sewage works to alleviate the problems identified; BE IT RESOLVED THAT the Township of Bayham has reviewed the available alternatives to provide a communal water supply system for the communities of Straffordville and Eden and concur with the recommended solution of constructing a communal water distribution system in both communities; a trunk watermain to connect to the Elgin Area Water Supply System at Vienna; a booster pump station just north of Vienna; and an elevated storage in the vicinity of Straffordville; BE IT RESOLVED THAT the Township of Bayham has reviewed the available alternatives to resolve the identified pollution problems in Straffordville and Eden and concur with the recommended solution of constructing a communal sewage collection system in both communities utilizing gravity sewers and pumping stations; and a series of sewage force mains to pump sewage from both communities to Vienna and ultimately to the Port Burwell Sewage Treatment Plant; BE IT RESOLVED THAT the Township of Bayham will establish a water and sewage reserve account once the proposed works have been constructed; BE IT RESOLVED THAT the Township of Bayham will establish an active preventative maintenance program to ensure the proper operation and maintenance of the communal water and sewage system; BE IT RESOLVED THAT the Township of Bayham has no discretionary capital budget expenditures planned that can be deferred; BE IT RESOLVED THAT the Township of Bayham has no opportunity to reduce current or planned debt financing through better matching debt terms to asset life or by reducing debt burden through lower interest rates; BE IT RESOLVED THAT the Township of Bayham will pass all the necessary by-laws to establish a cost recovery program which will ensure that the full cost of providing municipal water and sewage services will be recovered from the users; BE IT RESOLVED THAT the Township of Bayham is willing to own and operate the proposed water and sewage system." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items COUNCIL MINUTES 268 October 22,1997 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 12. BY-LAWS 97-49 Confirming By-law 97-537 Moved by J.Nezezon Seconded by W. Casier "THAT By-law 97-49 be read a first and second time." Disposition: Motion Carried Unanimously 97-538 Moved by J. Barclay Seconded by J. Petrie "THAT By-laws 97-49 be read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 269 October 22,1997 13. ADJOURNMENT 97-539 Moved by J.Nezezon Seconded by W. Casier "THAT the Council meeting be Adjourned at 6:50 p.m." Disposition: Motion Carried Unanimously 121---e"1.-ct-eY7,--r4" '144. 1-87r 'r EVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO November 6, 1997 9:00 a.m. The regular meeting of Council of the Township of Bayham was held at 9:00 a.m. on Thursday,November 6, 1997 in the Council Chambers. Present were, Reeve Joe Volkaert Sr.,Deputy Reeve John Nezezon, Councillors John E. Barclay, Wayne Casier and Jack Petrie,Administrator/Treasurer Lynn S. Buchner, Chief Building Official Dwayne Daniel and Clerk Maureen Beatty. 1. CALL TO ORDER Reeve Volkaert called the meeting to order at 9:00 a.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No Member of Council disclosed a pecuniary interest and the general nature thereof. 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES 97-540 Moved by W. Casier Seconded by J. Petrie "THAT the Minutes of the Regular Council Meeting held October 16, 1997 and the Special Council Meeting held October 22, 1997 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS 9:10 a.m.—Cliff Wiggans and Marnie Andrews, representing the Martial Arts Canada Competition Team of the Martial Arts Karate Club,Port Burwell were in attendance and requested Council's consideration in making a cash grant to the Karate Club to offset the costs for the attendance of members at the NBL World Karate Games in Colorado Springs, U.S.A.November 25 — December 1, 1997. Mr. Wiggans explained that the nine member team is comprised of all age groups from nine years to forty-two years currently covering all levels of the club. He added that the event is a"World Class"competition and by invitation only. Mr. Wiggans stated that the club members have been undertaking fundraising in the community by soliciting donations from businesses and service clubs. Additionally,they held a two day garage sale and are currently selling chocolate bars. File: F11.6—See Item 91 (k) (b) 11:00 a.m.—Chief Building Official Dwayne Daniel appeared and presented the List of Building Reports issued for the month of October, 1997. File: P8.1 —See Item 8.1 (a) COUNCIL MINUTES 271 NOVEMBER 6, 1997 5. INFORMATION ITEMS 97-541 Moved by J. Petrie Seconded by W. Casier "THAT Information Items 5(a)—5 (i) be received and filed." Disposition: Motion Carried Unanimously (a) Ministry of Community and Social Services correspondence dated October 28, 1997 providing an update on welfare reform and upcoming initiatives. (Received and Filed) File: S3.1 (b) Ministry of Municipal Affairs and Housing correspondence dated October 20, 1997 in response to the report of the Advisory Council on Social Housing Reform. (Received and Filed) File: A16.7 & S3.1 (c) Association of Municipalities of Ontario "Alert" advising that Teachers' Associations have agreed not to picket schools to be used for polling stations in the Municipal Election. (Received and Filed) File: A1.2 (d) Township of Malahide Notice of a Public meeting&Notice of Passing pursuant to the Planning Act. (Received and Filed) File: D7.4 & D13.4 (e) Long Point Region Conservation Authority Notice of Meeting to be held November 6, 1997 at 1:30 p.m. in Tillsonburg Town Hall. (Received and Filed) File: A16.6 (f) Association of Municipalities of Ontario Fall 1997 "Updates". (Received and Filed) File: A1.2 (g) Ontario Good Roads Association Municipal Routes Publication. (Received and Filed) File: A16.16 &M6.5 (h) Otter Valley Utility Corridor&Recreation Trail Committee notice of meeting to be held Thursday, October 30, 1997. (Received and Filed) File: D6.2 (i) Ministry of Municipal Affairs and Housing correspondence dated October 30,1997 advising of Ontario Regulation 379/97 which eliminates municipal authority to impose conditions on licences with respect to the sale and service of liquor. (Received and Filed) File: L10.1 COUNCIL MINUTES 272 NOVEMBER 6, 1997 6. PLANNING, DEVELOPMENT &RECREATION 1. CORRESPONDENCE&REPORTS (a) County of Elgin Land Division Committee Request for Comments for Consent Application E-89/97 by Judith Anne Oldham for Part Lot 21, Concession 8. File: D9.2.107 97-542 Moved by W. Casier Seconded by J. Petrie "THAT the County of Elgin Land Division Committee be advised that the Council of the Corporation of the Township of Bayham recommends approval of Severance Application E-89/97 by Judith Anne Oldham to sever a parcel of land from Part Lot 21, Concession 8 to be joined with the adjoining land owned known as Part Lot 20, Concession 8, subject to the following conditions: • That in accordance with the request by the applicant and the adjacent property owner,Peter Krahn, the existing road allowance situated between Lots 20 and 21, Concession 8 be stopped up, closed and sold to Peter Krahn • That all costs associated with the stopping up, closing and selling of the road allowance be paid for by the applicant and/or Peter Krahn, said costs to include the necessary surveying of the road allowance, advertising of a notice concerning the closure in a local newspaper,legal and registration costs." Disposition: Motion Carried Unanimously (b) Application by James & Craig Howe to rezone Part Lots 16 & 17, Concession 3 from the"Al —Agriculture"to "RR—Rural Residential" in order to comply with County of Elgin Land Division Committee Decision dated June 26, 1997 for Application No. E-61/97. File: D13.1.70 97-543 Moved by J. Barclay Seconded by W. Casier "THAT the application submitted by James and Craig Howe to rezone Part Lots 16 and 17, Concession 3 from Agricultural (Al) designation to the Rural Residential (RR) designation in accordance with the conditions of County of Elgin Land Division Committee Decision dated June 26, 1997 be accepted and referred to Cumming Cockburn Limited for review and scheduling of a public meeting." Disposition: Motion Carried Unanimously COUNCIL MINUTES 273 NOVEMBER 6, 1997 6. PLANNING,DEVELOPMENT &RECREATION (continued) 1. CORRESPONDENCE& REPORTS (continued) (c) Staff Report 97077 regarding development applications by Pembina Exploration Limited. File: D8.1.20 97-544 Moved by W. Casier Seconded by J. Petrie "THAT the Council of the Corporation of the Township of Bayham hereby confirms its commitment to retain the professional consulting services of Golder Associates Limited and Spriet Associates to provide advice to the Township concerning development applications submitted by Pembina Exploration Limited; AND THAT Appendix "B",being a "Draft" letter to D. Wayne Lewis, Pensa Associates,Lawyers, regarding development applications submitted by Pembina Exploration Limited attached to Staff Report 97077 be forwarded to Cumming Cockburn Limited and Willms & Shier,Barristers and Solicitors for comment; AND THAT if both Cumming Cockburn Limited and Willms & Shier are in agreement with its contents, the letter be forwarded as the Township's Official response to Pembina Exploration Limited about the documentation which is necessary in order for the Township to proceed with consideration of an amendment to the Official Plan to permit a gas processing plant on Part Lot 15, Concession 2." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 4. PUBLIC MEETINGS None COUNCIL MINUTES 274 NOVEMBER 6, 1997 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE&REPORTS (a) County of Elgin correspondence to Ministry of Transportation of Ontario requesting that the one foot reserves on County Road# 19 (formerly Provincial Highway# 19)be either deeded to either the County of Elgin or the abutting land owners. File: T11.1 97-545 Moved by J. Petrie Seconded by W. Casier "THAT the correspondence dated October 31, 1997 from the Elgin County Engineer to the Ministry of Transportation Of Ontario regarding the removal of a One Foot Reserve on Plank Road (formerly Provincial Highway # 19),be received for information." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 8. PROPERTY,BUILDING & PROTECTIVE SERVICES I. CORRESPONDENCE&REPORTS (a) List of Building Permits issued for the month of October, 1997. File: P8.1 97-546 Moved by W. Casier Seconded by J. Petrie "THAT the list of Building Permits issued for the month of October, 1997 be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items COUNCIL MINUTES 275 NOVEMBER 6, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL 1. CORRESPONDENCE&REPORTS (a) City of Stratford request for endorsement of a resolution regarding downloading of services to local municipalities. File: C9.1 97-547 Moved by J. Barclay Seconded by J. Petrie "THAT the Council of the Corporation of the Township of Bayham hereby endorses the following resolution of the City of Stratford: `WHEREAS the Government of Ontario has embarked upon a legislative course of action aimed at redistributing program and resource responsibilities at the provincial and municipal levels; AND WHEREAS the promise made initially by the government to the municipalities was one stressing the "revenue neutrality"of the re-distribution exercise, a promise that was more recently reiterated and confirmed for the large urban municipalities; AND WHEREAS the figures recently provided by the Provincial Government to the municipalities, upon their analysis by municipalities, indicate a scenario of major downloading, (one that for the City of Stratford would lead to a 16% increase in taxation just to hold the line at current levels of service delivery if certain city/county joint services are costed on an other than weighted assessment basis); AND WHEREAS this scenario is brought about by the level of provincial grants to education in rural and small urban municipalities having historically been close to 40%prior to the disentanglement, and the relatively minor level of increased funding to the 50%level in no way comes close to what is needed to fund newly downloaded responsibilities; AND WHEREAS this is a newly downloaded financial burden which is totally unacceptable to the citizens of rural and small urban Ontario municipalities, and moreover, a breach of promise by the Provincial government on the issue of fiscal neutrality; THEREFORE BE IT RESOLVED THAT the Governor of Ontario be urged in the strongest possible fashion to keep its actions of disentanglement and re- alignment of responsibilities consistent with its repeated promise of revenue neutrality to the smaller municipalities; AND IT BE FURTHER RESOLVED THAT this resolution be circulated to all Ontario municipalities with populations of less than 100,000 for their consideration of support and the referral of that support to AMO.' AND THAT this resolution be forwarded to the City of Stratford,the Association of Municipalities of Ontario, Gar Knutson,MP,Elgin/Middlesex and Peter North,MPP,Elgin." Disposition: Motion Carried COUNCIL MINUTES 276 NOVEMBER 6, 1997 9. FINANCE,ADMINISTRATION & PERSONNEL (continued) CORRESPONDENCE&REPORTS (continued) (b) Peter North,M.P.P. —Elgin correspondence in response to a letter from the Township regarding the Provincial Water Protection Fund through the Ministry of Environment. File: E5.3.1 97-548 Moved by W. Casier Seconded by J. Nezezon "THAT the correspondence dated October 24, 1997 from Peter North, MPP, Elgin indicating his support for and assistance to the Township of Bayham to access the Ministry of the Environment Provincial Water Protection Fund with regard to the water/sewage study currently in progress for the Hamlets of Straffordville and Eden be received for information." Disposition: Motion Carried Unanimously (c) Ministry of Health correspondence to the Chairman and Members of the Bayham Community Health Action Committee advising that the Township of Bayham has been designated as underserviced for a General/Family Practitioner through the Underserviced Area Program. File: 50.1 97-549 Moved by J.Nezezon Seconded by W. Casier "THAT the correspondence dated uctober 28, 1997 from the Ministry of Health to the Chairman and Members of the Bayham Community Health Action Committee advising that the Township of Bayham has been designated as underserviced for a General/Family Practitioner through the Underserviced Area Program be received." Disposition: Motion Carried Unanimously 97-550 Moved by J. Barclay Seconded by J.Nezezon "THAT the 1998-2000 Council be advised that the Council of the Corporation of the Township of Bayham recommends that Wayne Casier be re-appointed to carry on in 1998 as Chairman of the Bayham Community Health Action Committee." Disposition: Motion Carried Unanimously COUNCIL MINUTES 277 NOVEMBER 6, 1997 9. FINANCE,ADMINISTRATION &PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (continued) (d) County of Elgin Implementation Committee Minutes of the meeting held Tuesday, September 23, 1997. File: C13.2 97-551 Moved by J. Petrie Seconded by J.Nezezon "THAT the Minutes of the County Implementation Committee Meeting held September 23, 1997 be received for information." Disposition: Motion Carried Unanimously (e) Cash Requirements for the period ending November 20, 1997 and Cheque Register for the period ending October 31,1997. File: F10.3 97-552 Moved by W. Casier Seconded by J.Nezezon "THAT the Cash Requirements for the period ending November 20, 1997 and Cheque Register for the period ending October 31, 1997, be approved." Disposition: Motion Carried Unanimously (f) Ministry of Community and Social Services correspondence dated October 28, 1997 regarding the Ontario Works Program. File: S3.1 97-553 Moved by J.Nezezon Seconded by W. Casier "THAT the correspondence dated October 28, 1997 from the Ministry of Community and Social Services regarding the Ontario Works Programs be received for information." Disposition: Motion Carried Unanimously (g) Ministry of Environment correspondence dated October 29 & 30, 1997 regarding water and sewage concerns for the Hamlets of Straffordville and Eden respectively. File: E5.3.1 97-554 Moved by W. Casier Seconded by J. Barclay "THAT the correspondence dated October 29 and 30, 1997 from the Ministry of Environment regarding water and sewage concerns for the Hamlets of Straffordville and Eden respectively be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES 278 NOVEMBER 6, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (continued) (h) Town of Pickering correspondence requesting municipalities to contact MPP's to demand teachers' federations and the province to return to the table to negotiate Bill 160. File: C9.1 97-555 Moved by J.Barclay Seconded by J. Petrie "THAT the correspondence dated October 31, 1997 from the Mayor of the Town of Pickering encouraging municipalities to contact MPP's to demand teacher's federations and the province to return to the table to negotiate Bill 160 be received and filed." Disposition: Motion Carried Unanimously (i) Transition Board Minutes of the meeting held October 6, 1997. File: C13.2 97-556 Moved by W. Casier Seconded by J. Barclay "THAT the minutes of the Transition Board Meeting held October 6, 1997 be received for information." Disposition: Motion Carried Unanimously (j) Transition Board Minutes of the meeting held October 20, 1997. File: C13.2 97-557 Moved by J. Barclay Seconded by W. Casier "THAT the minutes of the Transition Board Meeting held October 20, 1997 be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES 279 NOVEMBER 6, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (continued) (k) Correspondence dated November 4, 1997 from Cliff Wiggans, General Manager, Wiggans Foodmarket seeking financial assistance for the Martial Arts Canada Competition Team of the Martial Arts Karate Club of Port Burwell. File: F11.6 97-558 Moved by J.Nezezon Seconded by W. Casier "THAT the request from Cliff Wiggans for a financial contribution to assist the Martial Arts Canada Competition Team of the Martial Arts Karate Club of Port Burwell be received; AND THAT Mr. Wiggans be advised that the Township of Bayham agrees to make a cash donation of$500.00 to offset the costs for club members to attend the SKI Amateur International Supergrands to be held in Colorado Springs, U.S.A. November 25—December 1, 1997." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) Reeve Volkaert indicated that he received telephone calls from ratepayers suggesting that in view of the teachers' protest against Bill 160,they should be receiving tax rebates for education taxes paid for the period of the strike. As a result of this discussion the following motion was presented, voted on and carried: 97-559 Moved by W. Casier Seconded by J. Petrie "THAT the Elgin County Roman Catholic School Board and the Elgin County Board of Education be advised that the Township of Bayham has received input from ratepayers requesting that consideration be given to providing property owners with a tax rebate for the period of time the teachers have not been working in protest of Bill 160; AND THAT the Directors of Education be requested to respond to the Township about the feasibility of such action and if any consideration is being given to this issue." Disposition: Motion Carried Unanimously (b) Administrator-Treasurer Lynn S. Buchner announced that as a result of the recommendation from the Township of Bayham, Mr. Mathew Schafer has been appointed as a member on the Elgin County Land Division Committee for the period January 1, 1998 to December 31,2000 to fill the vacancy created by the completion of Max Stewart's nine year term. File: D9.1 COUNCIL MINUTES 280 NOVEMBER 6, 1997 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 11. COMMITTEE OF THE WHOLE 97-560 Moved by J. Barclay Seconded by J.Nezezon "THAT Council do now rise to enter into an "In Camera" Session of Committee of the Whole." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE&REPORTS (a) Discussion concerning the Bayham Community Health Action Committee. 97-561 Moved by W. Casier Seconded by J. Barclay "THAT the Committee of the Whole do now rise and Report." Disposition: Motion Carried Unanimously 97-562 Moved by J.Nezezon Seconded by J. Barclay "THAT the Council of the Corporation of the Township of Bayham hereby authorizes the Bayham Community Health Action Committee to circulate a questionnaire to Bayham residents with particular emphasis on the Straffordville/Eden areas regarding the community interest in having a general practitioner to establish a practice in the Straffordville area; AND THAT the costs incurred for preparing and distributing the questionnaire shall be paid for by the Township of Bayham." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items COUNCIL MINUTES 281 NOVEMBER 6, 1997 11. COMMITTEE OF THE WHOLE (continued) 3. OTHER BUSINESS No Items 12. BY-LAWS 97-50 Confirming By-law 97-563 Moved by J. Barclay Seconded by W. Casier "THAT By-law 97-50 be read a first and second time." Disposition: Motion Carried Unanimously 97-564 Moved by J.Nezezon Seconded by J. Barclay "THAT By-law 97-50 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 97-565 Moved by J. Barclay Seconded by J.Petrie "THAT the Council meeting be Adjourned at 12:05 p.m." Disposition: Motion Carried Unanimously Ar EVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVJLLE, ONTARIO November 20, 1997 7:00 p.m. The regular meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday,November 20, 1997 in the Council Chambers. Present were,Reeve Joe Vollcaert Sr., Deputy Reeve John Nezezon, Councillors John E. Barclay, Wayne Casier and Jack Petrie, Administrator/Treasurer Lynn S. Buchner and Clerk Maureen Beatty. 1. CALL TO ORDER Reeve Volkaert called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No Member of Council disclosed a pecuniary interest and the general nature thereof. 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES 97-566 Moved by W. Casier Seconded by J.Nezezon "THAT the Minutes of the Regular Council Meeting held November 6, 1997 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:00 p.m.—Bob McCain,President,Green Lane Environmental Group Inc. appeared and expressed his appreciation to the members of Council and staff for their association over the past Council term and specifically over the many years in Bayham Township. He commended the municipality for its efforts in recognizing the important role private industry plays in waste collection and disposal. He invited Members of Council and staff to attend a Christmas function —"Business After 5"to be held on December 9, 1997 at St. Anne's Centre in St. Thomas. Mr. McCaig introduced his son, Bill McCaig. (b) 7:30 p.m.---Keith Rattai, Vice President, Straffordville Minor Ball appeared and reported that a teen dance was held on November 14th attended by approximately 253 children between the ages of 12 and 15 without incident. He had agreed to report back to Council about the absence of paid off-duty police officers. Council agreed to discontinue the requirement for paid off-duty officers to attend, and asked that the Township be informed of any situations or incidents which may warrant reconsideration. File: P11.2&R4.2 COUNCIL MINUTES 283 NOVEMBER 20, 1997 5. INFORMATION ITEMS 97-567 Moved by J.Nezezon Seconded by W. Casier "THAT Information Items 5(a)—5 (h) be received and filed." Disposition: Motion Carried Unanimously (a) Long Point Region Conservation Authority Minutes of the meeting held October 1, 1997. (Received and Filed) File: A16.6 (b) Lower Big Otter Remedial Project Steering Committee Meeting notes for the meeting held November 6 1997 in Tillsonburg. (Received and Filed) File: A16.6.5 (c) Ministry of Municipal Affairs and Housing Conference—"New Dimensions"to be held December 5, 1997, at the London Convention Centre. (Received and Filed) File: A4.1 (d) Ministry of Citizenship, Culture and Recreation News Release dated November 7, 1997 regarding library funding. (Received and Filed) File: A16.13 &R2.1 (e) Ministry of Natural Resources correspondence dated October 30,1997 regarding MNR's role in Fish Habitat Management under Section 35 of the Federal Fisheries Act. (Received and Filed) File: A16.8 (f) Cowan News Publication dated November, 1997. (Received and Filed) File: M6.1 (g) Association of Municipalities of Ontario Communication dated November 14, 1997 regarding education fmancing components of Bill 160. (Received and Filed) File: A1.2 (h) Middlesex-Elgin Community Leaders' Letter dated November-December, 1997. (Received and Filed) File: M6.6 COUNCIL M MUTES 284 NOVEMBER 20, 1997 6. PLANNING,DEVELOPMENT &RECREATION CORRESPONDENCE&REPORTS (a) Pre-consulting proposal by Marion Man regarding Part Lot 116, Concession 6, STR. (Estate of Horace Hague). File: D01 With the assistance of a sketch,the Clerk explained that Mrs. Marr proposed to enlarge the size of her existing parcel (approx. 1 acre)to a size with a configuration of approximately 280 ft. frontage, depth of 340 ft. (approx. 2.18 acres). She stated that the purpose of the proposal was to fully accommodate the existing well which is on the farm parcel to the south-west. Council expressed concern about the size of the proposed reconfigured lot as they wished to ensure that the lot would not accommodate a future severance to create an additional residential lot. The Clerk was directed to report back to Council with further details about the exact location of the well. 97-568 Moved by W. Casier Seconded by J.Nezezon "THAT in response to a request by Marion Marr for preliminary comments concerning her proposal to enlarge her lot(Part Lot 116, Concession 6, STR) to accommodate the existing well,Mrs. Marr be advised that Council will require a detailed sketch showing the exact location of the existing well in relation to the residential dwelling." Disposition: Motion Carried Unanimously (b) Township of Malahide Notice of passing of zoning by-law amendment and Amendment No. 91 to the Official Plan. File: D7.4 &D13.4 97-569 Moved by J. Petrie Seconded by W. Casier "THAT the Township of Maianide Notice of passing of zoning by-law amendment and official plan amendment be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) The Clerk reported that she had received a written response from D. Wayne Lewis,Pensa Associates,Agents for Pembina Exploration Limited to the Township's correspondence and she would present a report at the next Council meeting. File: D8.1.20 4. PUBLIC MEETINGS None COUNCIL MINUTES 285 NOVEMBER 20, 1997 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Draft Winter Control contract for the Village of Vienna and Hamlets of Straffordville and Eden. File: T6.1 The Administrator/Treasurer explained that each municipality would be required to approve individual contracts for winter control for the balance of the year 97-570 Moved by J. Barclay Seconded by J. Petrie "THAT the Winter Control Contract between Gilles Menard and the Township of Bayham for contracted winter control maintenance activities for the Hamlets of Straffordville and Eden for the period November 15, 1997 to April 1, 1998 be approved; AND THAT By-law 97-51,being a by-law to authorize the Reeve and Clerk to execute the Agreement be presented to Council for enactment." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) J.Nezezon suggested that the Road Superintendent and Drainage Superintendent visit a site on Springerhill Road just north of Highway 3 where a ratepayer is experiencing wash-outs from the road culvert. File: T6.1 (b) W. Casier commended the Roads staff for the excellent condition of Bayham roads during a recent snow storm. File: T6.1 (c) W. Casier reported that an area of Plank Road North on the Black Bridge Hill requires gravel to fill a hole adjacent to the paved gutter. File: T6.1 8. PROPERTY,BUILDING& PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items COUNCIL MINUTES 286 NOVEMBER 20, 1997 8. PROPERTY,BUILDING&PROTECTIVE SERVICES (continued) 3. OTHER BUSINESS No Items 9. FINANCE,ADMINISTRATION&PERSONNEL 1. CORRESPONDENCE&REPORTS (a) County of Elgin Implementation Committee Minutes for the meeting held October 28, 1997. File: C13.2 97-571 Moved by J. Petrie Seconded by J.Nezezon "THAT the County of Elgin Implementation Committee Minutes for the meeting held October 28, 1997 be received for information." Disposition: Motion Carried Unanimously (b) Cheque Register for the period ending November 20, 1997 and Cash Requirements for the period ending November 30, 1997. File: F10.3 97-572 Moved by J. Barclay Seconded by J. Petrie "THAT the Cheque Register for the period ending November 20, 1997 be approved; AND THAT the Cash Requirements for the period ending November 30, 1997 be approved." Disposition: Motion Carried Unanimously (c) Ontario Human Rights Commission correspondence dated November 10, 1997 suggesting that the Reeve proclaim December 10, 1997 as "International Human Rights Day"and the week December 8-12 as "Human Rights Week" File: M2.1 97-573 Moved by J.Nezezon Seconded by J. Barclay "THAT the Ontario Human Rights correspondence dated November 10, 1997 regarding International Human Rights Day and Human Rights Week be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 287 NOVEMBER 20, 1997 9. FINANCE,ADMINISTRATION &PERSONNEL (continued) 1. CORRESPONDENCE& REPORTS (continued) (d) Bayham Community Health Action Committee correspondence dated November 17, 1997 advising of a motion requesting the 1998-2000 Council to provide financial assistance for the purpose of recruiting family physicians and other related costs in providing medical service to the community. File: S0.1 97-574 Moved by J. Nezezon Seconded by J. Barclay "WHEREAS the Council of the Corporation of the Township of Bayham has by resolution established the Bayham Community Health Action Committee to address the recruitment of a medical physician to the municipality; AND WHEREAS the Township of Bayham has been recognized as an "Underserviced Area" by the Ministry of Health and the Committee is continuing its recruitment efforts; THEREFORE it is hereby recommended to the 1998-2000 Council of the Municipality of Bayham that consideration be given to providing financial assistance to the Bayham Community Health Action Committee for the purpose of recruiting family physicians and other related costs in providing medical service to the community in addition to the fundraising efforts of the Committee." Disposition: Motion Carried Unanimously (e) Transition Board Minutes of the meeting held November 3, 1997. File: C13.2 97-575 Moved by J. Barclay Seconded by J. Petrie "THAT the Minutes of the Transition Board meeting held November 3, 1997 be received for information." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items COUNCIL MINUTES 288 NOVEMBER 20, 1997 10. ENVIRONMENT CORRESPONDENCE& REPORTS (a) County of Elgin correspondence dated November 13, 1997 providing a Template Agreement for Waste Management Services. File: E7.3.1 97-576 Moved by J.Nezezon Seconded by J. Barclay "THAT the County of Elgin correspondence dated November 13, 1997 providing a Template Agreement for Waste Management Services be received; AND THAT staff be directed to present a suitable agreement for consideration by Council for the provision of waste management services for the Municipality of Bayham." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) Administrator/Treasurer Lynn S. Buchner advised that she had received a request from the Bayham Community Initiatives for a fee waiver for the disposal of some donated used clothing at the transfer station. File: E7.4 97-577 Moved by J.Nezezon Seconded by J. Barclay "THAT in response to a request by the Bayham Community Initiatives, the Administrator/Treasurer be directed to issue complimentary transfer station tickets for the disposal of used clothing." Disposition: Motion Carried Unanimously (b) The Administrator/Treasurer announced that she had been advised by the Ontario Clean Water Agency that the Town of Tillsonburg has expressed an interest in hooking in with the proposed water line that may be installed to service Straffordville and Eden. Anif Valickis, Senior Project Manager, Ontario Clean Water Agency assured the Administrator/Treasurer that any modifications or studies resulting from their interest would not impede the Township's Environmental Assessment process or Provincial funding application. File: E5.3.1 COUNCIL MINUTES 289 NOVEMBER 20, 1997 10. ENVIRONMENT (continued) 3. OTHER BUSINESS (continued) (c) The Administrator/Treasurer announced that the Township had received a request from a ratepayer on Lakeshore Line (Roll No. 001-038)for water connection to the Port Burwell water line to service his lot as he is experiencing a serious water shortage. She explained that a previous request had been submitted in 1996 by a property owner further east(Roll No. 001-042)who was advised that he must commence a petition and proceed via the local improvement process. Council considered this matter in detail and directed the Administrator/Treasurer to explain to the ratepayer the petition and local improvement process as the Township is not prepared to approve a single water line to service one lot. 11. COMMITTEE OF THE WHOLE 97-578 Moved by J. Barclay Seconded by W. Casier "THAT Council do now rise to enter into an "In Camera" Session of Committee of the Whole." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE&REPORTS (a) Confidential Staff Report 97079 regarding personnel matters and a legal opinion. File: H9.2 97-579 Moved by J.Nezezon Seconded by J. Barclay "THAT the Committee of the Whole do now rise from the `In Camera' Session and report." Disposition: Motion Carried Unanimously 97-580 Moved by J. Petrie Seconded by W. Casier "THAT the correspondence dated November 17, 1997 from Gibson,Linton, Toth, Campbell &Bennett,Barristers and Solicitors in response to the Township's request for an opinion concerning the Draft Works Agreement between the Township of Bayham and Soreny Farms Limited and Christine Michele Szorenyi be received; AND THAT staff be directed to request the solicitor to clarify in detail his position as stated in Paragraph two." Disposition: Motion Carried Unanimously COUNCIL MINUTES 290 NOVEMBER 20, 1997 11. COMMITTEE OF THE WHOLE (continued) 97-581 Moved by W. Casier Seconded by J. Petrie "THAT all Bayham Township employees and Fire Department Volunteers be invited to attend the regular Council meeting on Thursday,December 18, 1997 in recognition of their years of service." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 12. BY-LAWS 97-51 To authorize the Mayor and Clerk to execute an agreement between the Township and Giles Menard for the provision of winter control maintenance for the hamlets of Straffordville and Eden. 97-52 Confirming By-law 97-582 Moved by W. Casier Seconded by J. Barclay "THAT By-law 97-51 be read a first and second time." Disposition: Motion Carried Unanimously 97-583 Moved by J. Petrie Seconded by W. Casier "THAT By-law 97-51 be read a third time and finally passed." Disposition: Motion Carried Unanimously 97-584 Moved by W. Casier Seconded by J. Petrie "THAT By-law 97-52 be read a first and second time." Disposition: Motion Carried Unanimously COUNCIL MINUTES 291 NOVEMBER 20, 1997 12. BY-LAWS (continued) 97-585 Moved by J. Barclay Seconded by W. Casier "THAT By-law 97-52 be read a third time and fmally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 97-586 Moved by J. Barclay Seconded by J. Petrie "THAT the Council meeting be Adjourned at 10:10 p.m." Disposition: Motion Carried Unanimously 6 „5 4i VE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O.BOX 160 STRAFFORDVILLE, ONTARIO December 4, 1997 9:00 a.m. The regular meeting of Council of the Township of Bayham was held at 9:00 a.m. on Thursday, December 4, 1997 in the Council Chambers. Present were, Reeve Joe Volkaert Sr., Deputy Reeve John Nezezon, Councillors John E. Barclay,Wayne Casier and Jack Petrie,Administrator/Treasurer Lynn S. Buchner,Road Superintendent Bob Bartlett and Clerk Maureen Beatty. 1. CALL TO ORDER Reeve Volkaert called the meeting to order at 9:00 a.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councilor Casier disclosed a pecuniary interest with regard to Item 11.1 (b)as he owns abutting property. He refrained from discussing the matter. Councillor Petrie disclosed a pecuniary interest with regard to Item 9.1 (a) as he represents the Townships of Bayham and Malahide and the Villages of Vienna and Port Burwell on the Long Point Region Conservation Authority. He refrained from discussing the matter. 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES 97-587 Moved by W. Casier Seconded by J.Barclay "THAT the Minutes of the Regular Council Meeting held November 20, 1997 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 9:55 a.m.—Road Superintendent Bob Bartlett appeared and presented Report 97081 (Item 7.1 a)regarding Road Department activities. File: T6.1 5. INFORMATION ITEMS 97-588 Moved by J. Barclay Seconded by W. Casier "THAT Information Items 5(a)—5 (g) be received and filed." Disposition: Motion Carried Unanimously (a) Bayham Township Firefighters' —Notice of rd Annual Ham Raffle, Saturday, December 6, 1997, Straffordville Fire Hall. (Received and Filed) File: P12.1 COUNCIL MINUTES 293 DECEMBER 4, 1997 5. INFORMATION ITEMS (continued) (b) Association of Municipalities of Ontario News Release dated November 26, 1997 providing an update on Queen's Park activity. (Received and Filed) File: A1.2 (c) Association of Municipalities of Ontario News Release dated November 27, 1997 regarding property assessment corporation legislation. (Received and Filed) File: A1.2 (d) Association of Municipalities of Ontario News Release dated November 28, 1997 regarding Bill 149,Fair Municipal Finance Act. (Received and Filed) File: A1.2 (e) City of Brockville Notice of resolution dated November 12, 197 regarding charity gaming clubs. (Received and Filed) File: C9.1 (1) County of Elgin Library Department Tender Request for purchase of vehicle. (Received and Filed) File: F18.1 (g) Town of Tillsonburg Otter Valley Utility Corridor&Recreation Trail Committee agenda for meeting held November 20, 1997 and minutes of the meeting held October 30, 1997. (Received and Filed) File: D6.2 6. PLANNING, DEVELOPMENT &RECREATION 1. CORRESPONDENCE&REPORTS (a) Pensa&Associates correspondence dated November 20, 1997 in response to Township letter regarding Pembina Exploration Limited. File: D8.1.20 The Clerk elaborated on the points raised in the correspondence and advised that a request has been made by Andrew Cantwell on behalf of Talisman Energy to meet informally with Council members to discuss the proposal submitted by Pembina for a gas processing plant. Council directed staff to respond that the Talisman Energy representative may meet with them on Wednesday, December 17th at 7:00 p.m. 97-589 Moved by W. Casier Seconded by J.Petrie "THAT the correspondence dated November 20, 1997 from Pensa Associates regarding Pembina's proposal for a gas processing plant be received and referred to staff for the preparation of a response." Disposition: Motion Carried Unanimously COUNCIL MINUTES 294 DECEMBER 4, 1997 6. PLANNING, DEVELOPMENT &RECREATION (continued) 1. CORRESPONDENCE& REPORTS (continued) (b) Rezoning Application by Doyle &Prendergast,Barristers & Solicitors on behalf of The Passionist Community Holy Cross Centre to expand the "Institutional" zoning on property described as Part Lots 7 and 8, Concession 1. File: 013.1.71 97-590 Moved by J. Barclay Seconded by W. Casier "THAT the application submitted by Doyle &Prendergast,Barristers & Solicitors on behalf of The Passionist Community Holy Cross Centre to rezone Part Lots 7 and 8, Concession 1 to expand the"Institutional" zoning designation be accepted and referred to Cumming Cockburn Limited for review, by-law preparation and scheduling of a public meeting." Disposition: Motion Carried Unanimously (c) Rezoning Application by Doyle &Prendergast,Banisters & Solicitors on behalf of The Roman Catholic Episcopal Corporation of the Diocese of London to expand the"Institutional" zoning on property described as Part Lots 6 and 7, Concession 1. File: D13.1.72 97-591 Moved by W. Casier Seconded by J. Barclay "THAT the application submitted by Doyle & Prendergast,Banisters & Solicitors on behalf of The Roman Catholic Episcopal Corporation of the Diocese of London to rezone Part Lots 6 and 7, Concession 1 to expand the "Institutional" zoning designation be accepted and referred to Cumming Cockburn Limited for review,by-law preparation and scheduling of a public meeting." Disposition: Motion Carried Unanimously (d) County of Elgin request for comments concerning Consent Application No. E- 108/97 by Ted Halwa &Associates, representing John&Elizabeth Keszler, Part Lots 1, 2 & 3, Concession 3. File: D9.2.115A 97-592 Moved by J. Barclay Seconded by W. Casier "THAT the County of Elgin Land Division Committee be advised that the Council of the Corporation of the Township of Bayham recommends approval of Consent Application E-108/97 by Ted Halwa & Associates, representing John & Elizabeth Keszler to sever a residential Iot on Part Lots 1,2 and 3, Concession 3, subject to the following conditions: • That the subject property be rezoned to a Special Hamlet Residential zoning to permit the larger lot size proposed and to ensure that no further subdivision of this lot occurs • That the applicant be required to pay the Township of Bayham $500.00 cash in lieu of park dedication • That any survey plan prepared be deposited with the Township Clerk" Disposition: Motion Carried Unanimously COUNCIL MINUTES 295 DECEMBER 4, 1997 6. PLANNING,DEVELOPMENT & RECREATION (continued) 1. CORRESPONDENCE&REPORTS (continued) (e) County of Elgin request for comments concerning Consent Application No. E-109197 by Ted Halwa&Associates, representing John&Elizabeth Keszler, Part Lots 1, 2 & 3, Concession 3. File: D9.2.115B 97-593 Moved by W. Casier Seconded by J. Barclay "THAT the County of Elgin Land Division Committee be advised that the Council of the Corporation of the Township of Bayham recommends approval of Consent Application E-109197 by Ted Halwa & Associates, representing John &Elizabeth Keszler to sever a residential lot on Part Lots 1, 2 and 3, Concession 3, subject to the following conditions: • That the subject property be rezoned to a Special Hamlet Residential zoning to permit the larger lot size proposed and to ensure that no further subdivision of this lot occurs • That the applicant be required to pay the Township of Bayham $500.00 cash in lieu of park dedication • That any survey plan prepared be deposited with the Township Clerk." Disposition: Motion Carried Unanimously (f) County of Elgin request for comments concerning Consent Application No. E-106/97 by Andrew& Gertie Vryburg, Part Lots 115 & 116, Concession North Talbot Road(NTR). File: D9.2.114 97-594 Moved by J.Nezezon Seconded by J. Barclay "THAT consideration of Item 6.1 (f), being a request for comments from the County of Elgin regarding a consent application by Andrew& Gertie Vryburg,Part Lots 115 & 116, Concession North Talbot Road (NTR) be deferred until the December 18th 1997 Council meeting." Disposition: Motion Carried (g) County of Elgin request for comments concerning Consent Application No. E-112197 by Paul &Mary Lee Ens, Part Lot 118, Concession South Talbot Road (STR). File: D9.2.116 97-595 Moved by J. Petrie Seconded by J. Barclay "THAT the County of Elgin Land Division Committee be advised that the Council of the Corporation of the Township of Bayham recommends approval of Consent Application E-112/97 by Paul & Mary Lee Ens to sever a residential retirement lot described as Part Lot 118, Concession South Talbot Road (STR) subject to the following conditions: • That the applicant be required to pay the Township of Bayham $500.00 cash in lieu of park dedication • That any survey plan prepared be deposited with the Township Clerk." Disposition: Motion Carried Unanimously COUNCIL MINUTES 296 DECEMBER 4, 1997 6. PLANNING, DEVELOPMENT & RECREATION (continued) 2. UNFINISHED BUSINESS (a) Update on request by Marion Marr,Part Lot 116, Concession 6, SIR—proposal to expand lot to accommodate well. File: DOl The Clerk indicated that she did not have an updated sketch to present to Council as yet showing the exact location of the well in relation to Mrs. Marr's dwelling. 3. OTHER BUSINESS (a) Councillor Casier announced that new washroom doors had been installed at the Bayham Community Centre and recommended that a letter of appreciation be forwarded to the Lions Club and Lioness Club for their generosity. File: R4.2 4. PUBLIC MEETINGS None 7. ROADS,AGRICULTURE&DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Staff Report No. 97081 providing an update on Road Department Activities. File: T6.1 97-596 Moved by J. Barclay Seconded by W. Casier "THAT Staff Report 97081 providing an update on Road Department Activities be received for information." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items COUNCIL MINUTES 297 DECEMBER 4, 1997 8. PROPERTY,BUILDING&PROTECTIVE SERVICES 1. CORRESPONDENCE& REPORTS (a) List of Building Permits issued for the month of November, 1997. File: P8.1 97-597 Moved by W. Casier Seconded by J. Barclay "THAT the list of building permits issued for the month of November, 1997 be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 9. FINANCE,ADMINISTRATION &PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Correspondence dated November 20, 1997 from Neil W. Tull expressing interest in an appointment to the Long Point Region Conservation Authority. File: C11.1 97-598 Moved by J. Barclay Seconded by W. Casier "THAT the correspondence from Neil W. Tull expressing interest in an appointment to the Long Point Region Conservation Authority be referred to the 1998-2000 Council for consideration." Disposition: Motion Carried (b) Cheque Register for the period ending December 15, 1997 and Cash Requirements for the period ending December 31, 1997. File: F10.3 97-599 Moved by W. Casier Seconded by J. Barclay "THAT the Cheque Register for the period ending December 15, 1997 be approved; AND THAT the Cash Requirements for the period ending December 31, 1997 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES 298 DECEMBER 4, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (continued) (c) Road Department Financial Report as at November 30, 1997. File: F10.1 97-600 Moved by J. Barclay Seconded by W. Casier "THAT the Road Department Financial summary for the period ending November 30, 1997 be received for information." Disposition: Motion Carried Unanimously (d) Transition Board Meeting Minutes for Monday,November 17, 1997. File: C13.2 97-601 Moved by J.Nezezon Seconded by J. Petrie "THAT the Transition Board minutes for the meeting held November 17, 1997 be received." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) Administrator/Treasurer Lynn S. Buchner announced that the Transition Board had set the date for the Inaugural Council meeting as Monday, January 5, 1998 at 7:00 p.m. File: C3.1 (b) Administrator/Treasurer Lynn S. Buchner distributed Staff Report 97082,having reference to property tax levy calculations resulting from the Fair Municipal Finance Act(Bill 106)and the Fair Municipal Finance Act 2 (Bill 149). She noted that the Elgin County Treasurers have met twice to discuss this matter and as a result, each Council will be urged to pass a motion to extend the time limit for delegating the establishment of transition tax ratios to lower tier municipalities. File: F22.4.1 97-602 Moved by J. Petrie Seconded by J. Barclay "THAT the Council of the Township of Bayham petition the Minister of Finance for Ontario to extend the time limit of January 15, 1998 for delegating the establishment of transition tax ratios to lower-tier municipalities to enable proper review regulations (not yet released), to analyze more than just preliminary assessment information, to receive more instruction on determining and understanding ratios, to determine what effect the ratios have on the taxes of both tiers of municipal government, and to understand the true impact of Bill 160 on property taxes." Disposition: Motion Carried Unanimously COUNCIL NIINUTES 299 DECEMBER 4, 1997 10. ENVIRONMENT I. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 11. COMMITTEE OF TILE WHOLE 97-603 Moved by J.Nezezon Seconded by J. Petrie "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole." Disposition: Motion Carried Unanimously 97-604 Moved by J. Petrie Seconded by J.Nezezon "THAT the Committee of the Whole do now rise from the "In Camera" Session and report". Disposition: Motion Carried Unanimously I. CORRESPONDENCE&REPORTS (a) Gibson, Linton, Toth, Campbell &Bennett correspondence dated November 24, 1997 providing a legal opinion on a property matter. 97-605 Moved by W. Casier Seconded by J. Petrie "THAT the Gibson,Linton,Toth, Campbell &Bennett correspondence dated November 24, 1997 providing a legal opinion on a property matter be accepted; AND THAT staff be directed delete the last sentence in Paragraph No. 4 of the Works Agreement dated September 19, 1997 between the Township of Bayham and Soreny Farms Limited and Christine Michele Szorenyi; AND THAT staff be further directed to correspond with Michael Szorenyi, Groom & Szorenyi,Barristers and Solicitors in order to obtain their consensus with the above noted action and to present to Council a covering report and the necessary amending by-law(s), agreements and Council Resolutions to resolve this outstanding issue." Disposition: Motion Carried Unanimously COUNCIL MINUTES 300 DECEMBER 4, 1997 11. COMMITTEE OF THE WHOLE (continued) 1. CORRESPONDENCE&REPORTS (continued) (b) Willms& Shier correspondence providing a legal opinion on a property matter. Administrator/Treasurer Lynn S. Buchner reported to Council on a property matter. 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 12. BY-LAWS 97-53 Confirming By-law 97-606 Moved by J.Nezezon Seconded by J. Petrie "THAT By-law 97-53 be read a first and second time." Disposition: Motion Carried Unanimously 97-607 Moved by J.Petrie Seconded by J.Nezezon "THAT By-Iaw 97-53 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 97-608 Moved by J. Petrie Seconded by J.Nezezon "THAT the Council meeting be Adjourned at 12:15 p.m." Disposition: Motion Carried Unanimously 0#444r.4 . VE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O.BOX 160 STRAFFORDVILLE, ONTARIO December 18, 1997 7:00 p.m. 7:30 p.m. -Public Meeting 8:30 p.m. -Presentations The regular meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday,December 18, 1997 in the Council Chambers. Present were,Reeve Joe Volkaert Sr., Deputy Reeve John Nezezon, Councillors John E. Barclay, Wayne Casier and Jack Petrie, Administrator/Treasurer Lynn S. Buchner and Clerk Maureen Beatty. 1. CALL TO ORDER Reeve Volkaert called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councillor Casier disclosed a pecuniary interest and the general nature thereof with regard to Items 9.1 (e)and 11.1 (a) as he is an abutting landowner. Councillor Petrie disclosed a pecuniary interest and the general nature thereof with regard to Item 6.2 (a) as the applicant is his client. 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES 97-609 Moved by W. Casier Seconded by J. Barclay "THAT the Minutes of the Regular Council Meeting held December 4, 1997 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS None 5. INFORMATION ITEMS 97-610 Moved by J. Barclay Seconded by W. Casier "THAT Information Items 5(a)—5(e) be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 302 DECEMBER 18, 1997 5. INFORMATION ITEMS (continued) (a) County of Elgin correspondence dated December 10, 1997 to Municipality of Chatham-Kent regarding transfer of environmental programs to Kettle Creek Conservation Authority. (Received and Filed) File: C13.3 (b) Long Point Region Conservation Authority Minutes of the meeting held November 5, 1997. (Received and Filed) File: A16.6 (c) Township of Malahide Notices of Passing of Zoning By-law and Official Plan Amendment. (Received and Filed) File: D7.4 & D13.4 (d) Ontario Good Roads Association—Municipal Routes Publication, October 1997. (Received and Filed) File: M6.5 (e) Town of Tillsonburg correspondence dated December 3, 1997 regarding a Master Plan for the Otter Valley Utility Corridor&Recreational Trail. (Received and Filed) File: D6.2 6. PLANNING, DEVELOPMENT &RECREATION 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS (a) County of Elgin request for comments concerning Consent Application No. E- 106/97 by Andrew& Gertie Vryburg, Part Lots 115 & 116, Concession North Talbot Road(NTR). File: D9.2.114 (Deferred at the December 4th Council meeting because of insufficient frontage). COUNCIL MINUTES 303 DECEMBER 18, 1997 6. PLANNING, DEVELOPMENT &RECREATION (continued) 2. UNFINISHED BUSINESS (continued) 97-611 Moved by W. Casier Seconded by J. Barclay "THAT the County of Elgin Land Division Committee be advised that the Council of the Corporation of the Township of Bayham recommends that Consent Application E-106/97 by Andrew& Gertie Vryburg,to sever an agricultural parcel described as Part Lots 115 & 116, Concession North Talbot Road,NTR) be approved subject to the following conditions: • That the parcel to be severed be reconfigured with a minimum lot frontage of 150 m (the minimum lot frontage for an agricultural parcel), or alternatively, the applicant be required to obtain minor variance approval from the Committee of Adjustment for the reduced lot frontage • That the applicant be required to pay the Township of Bayham$500.00 cash in lieu of park dedication • That any survey plan prepared be deposited with the Township Clerk." Disposition: Motion Defeated 97-612 Moved by J.Nezezon Seconded by J. Barclay "THAT the County of Elgin Land Division Committee be advised that the Council of the Corporation of the Township of Bayham recommends that Consent Application E-106/97 by Andrew& Gertie Vryburg, to sever an agricultural parcel described as Part Lots 115 & 116, Concession North Talbot Road,NTR) be approved subject to the following conditions: • That the parcels to be severed and retained be reconfigured with a minimum lot frontage of 150 m • That the applicant be required to pay the Township of Bayham $500.00 cash in lieu of park dedication • That any survey plan prepared be deposited with the Township Clerk." Disposition: Motion Defeated (b) Staff Report 97085 regarding Moore Bridge and negotiations with Soreny Farms and Christine Michele Szorenyi. File: T10.3 The Clerk explained the editorial amendments made to the agreements by Mr. M Szorenyi, Groom &Szorenyi, Barristers &Solicitors and reported that engineering plans must be prepared by Spriet Associates to illustrate alterations to the grade of the hill located south of the Moore Bridge to a three (3) to one (1) slope, in accordance with the Works Agreement dated December 18, 1997. She stated that John Spriet had estimated costs for the plans and related field work to be in the range of$4,000-$5,000. COUNCIL MINUTES 304 DECEMBER 18, 1997 6. PLANNING, DEVELOPMENT &RECREATION (continued) 2. UNFINISHED BUSINESS (continued) 97-613 Moved by W. Casier Seconded by J. Barclay "THAT By-laws 97-54,97-55 and 97-56, having reference to Moore Bridge and Agreements between the Township of Bayham and Soreny Farms Limited and Christine Michele Szorenyi be presented to Council for enactment; AND THAT the 1998-2000 Council be requested to retain Spriet Associates to prepare plans to illustrate alterations to the grade of the hill located south of the Moore Bridge to a three (3) to one(1) slope,in accordance with the Works Agreement dated December 18, 1997; AND THAT Staff be directed to present to the 1998-2000 Council, any further documentation with regard to the Moore Bridge Project as expeditiously as possible in order to resolve all outstanding matters and to bring this project to a close." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS No Items 4. PUBLIC MEETINGS 97-614 Moved by J. Petrie Seconded by W. Casier "THAT the Council Meeting be adjourned for the purpose of holding a Public Meeting pursuant to the provisions of the Planning Act." Disposition: Motion Carried Unanimously I. Call to Order—Reeve Volkaert called the Public Meeting to Order at 7:30 p.m. 2. Disclosure of Pecuniary Interest and the General Nature Thereof No Member of Council disclosed a pecuniary interest and the general nature thereof. 3. Application: (a) Application by James & Craig Howe to rezone a parcel of land comprising approximately 0.4 hectares (1 acre) situated on the south side of Light Line, in Part Lot 17, Concession 3 from the Agricultural (Al)Zone to the Rural Residential (RR) Zone. The effect of this By-law will be to facilitate the creation of one new non-farm residential lot for retirement purposes. File: D13.1.70 COUNCIL NIINUTES 305 DECEMBER 18, 1997 6. PLANNING, DEVELOPMENT &RECREATION (continued) 4. PUBLIC MEETINGS (continued) 4. Staff Report: (a) The Clerk explained that the rezoning application was a condition of severance approval which was requested by the Township. She added that neither the Elgin/St. Thomas Health Unit or the Long Point Region Conservation Authority had any concerns with regard to the rezoning or severance of the subject land. 5. Public Comments: None 6. Council Questions and Discussion: None 7. Adjournment: 97-615 Moved by W. Casier Seconded by J. Petrie "THAT the Public Meeting be Adjourned." Disposition: Motion Carried Unanimously 8. Formulation of Motion: (a) 97-616 Moved by J.Nezezon Seconded J. Petrie "THAT the application by James and Craig Howe to rezone a parcel of land situated on the south side of Light Line, in Part Lot 17, Concession 3 comprising approximately 0.4 hectares (1 acre)to facilitate the creation of one new non-farm residential lot for retirement purposes be approved; AND THAT By-law Z387-97 be presented to Council for enactment." Disposition: Motion Carried Unanimously 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items COUNCIL MINUTES 306 DECEMBER 18, 1997 8. PROPERTY,BUILDING&PROTECTIVE SERVICES I. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) Administrator/Treasurer Lynn S. Buchner announced that Sam Taylor has accepted the offer of the position of Fire Chief. 9. FINANCE,ADMINISTRATION &PERSONNEL I. CORRESPONDENCE&REPORTS (a) Ministry of Finance correspondence dated December 12, 1997 providing fmancial information regarding the local services realignment for Bayham. File: A16.20 97-617 Moved by J.Nezezon Seconded by J. Petrie "THAT the Ministry of Finance correspondence dated December 2, 1997 providing financial information regarding the local services realignment for Bayham be received for information." Disposition: Motion Carried Unanimously (b) Elgin County Board of Education correspondence dated November 19,1997 in response to the Township's letter regarding the impact on the tax levy due to the recent teachers' strike. File: A16.3 97-618 Moved by J. Petrie Seconded by J.Nezezon "THAT the Elgin County Board of Education correspondence dated November 19, 1997,in response to the Township's letter regarding the impact on the tax levy due to the recent teachers' strike be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 307 DECEMBER 18, 1997 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (continued) (c) National Unity correspondence dated November 18, 1997 enclosing three sample resolutions for Council's consideration. File: L9.1 97-619 Moved by J. Petrie Seconded by J.Nezezon "THAT the National Unity correspondence dated November 18, 1997 enclosing three sample resolutions for Council's consideration be received and filed." Disposition: Motion Carried Unanimously (d) Team Canada for Unity correspondence dated November 11, 1997 urging Council to enact a resolution concerning Unity. File: L9.1 97-620 Moved by J. Petrie Seconded by W. Casier "THAT the Team Canada for Unity correspondence dated November 11, 1997 urging Council to enact a resolution be received and filed." Disposition: Motion Carried Unanimously (e) Staff Report 97084 presenting 1996 and 1997 Tax Write Offs for Council's consideration. File: F22.2 97-621 Moved by J. Petrie Seconded by J.Nezezon "THAT Staff Report 97084 from the Administrator Treasurer regarding 1996 and 1997 Tax Write Offs be adopted; AND THAT Application Number 9711 for exemption from taxes be rejected; AND THAT taxes in the amount of$2,757.91 be cancelled, refunded or reduced pursuant to Sections 442 and 443 of the Municipal Act." Disposition: Motion Carried (f) Transition Board Meeting Minutes for December 1, 1997. File: C13.2 97-622 Moved by W. Casier Seconded by J. Petrie "THAT the Transition Board meeting Minutes of the meeting held December 1, 1997 be received for information." Disposition: Motion Carried Unanimously COUNCIL MINUTES 308 DECEMBER 18, 1997 9. FINANCE,ADMINISTRATION &PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (continued) (g) Cheque Register for the period ending December 31,1997. File: F10.3 97-623 Moved by W. Casier Seconded by J. Barclay "THAT the Cheque Register for the period ending December 31, 1997 be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Staff Report 97083 regarding an inspection of the Port Burwell Sewage Treatment Plant. File: E3.1 97-624 Moved by J. Barclay Seconded by W. Casier "THAT Staff Report 97083,having reference to the Port Burwell Sewage Treatment Plant, be received for information; AND THAT Council does not see the necessity for undertaking an audit of the plant in 1998." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items COUNCIL MINUTES 309 DECEMBER 18, 1997 11. COMMITTEE OF THE WHOLE 97-625 Moved by W. Casier Seconded by J.Nezezon THAT the Council do now rise to enter into an "In Camera" Session of the Committee of the Whole." Disposition: Motion Carried Unanimously 97-626 Moved by J. Barclay Seconded by J. Nezezon "THAT the Committee of the Whole do now rise from the"In Camera" Session.". Disposition: Motion Carried Unanimously 1. CORRESPONDENCE& REPORTS (a) Confidential correspondence from Willms & Shier, Barristers & Solicitors. regarding a property matter. Administrator/Treasurer Lynn S. Buchner expanded on this matter. 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items PRESENTATIONS At this point, Council Members joined Reeve Volkaert in presenting Awards to all Bayham Township Municipal Employees in recognition of their years of dedicated service. A special presentation was made to Ivan Priddle to commemorate his retirement from the Roads Department after a twenty-nine year tenure. 12. BY-LAWS Z387-97 To Rezone Part Lot 17, Concession 3, James and Craig Howe 97-54 A By-law to enter into an Easement Agreement with Christine Michele Szorenyi and to repeal By-law 96-34. 97-55 A By-law to enter into an Easement Agreement with Soreny Farms Limited and to repeal By-law No. 96-35. 97-56 A By-law to enter into a Works Agreement with Soreny Farms Limited and Christine Michele Szorenyi and to repeal By-law No. 96-60. 97-57 Confirming By-law COUNCIL MINUTES 310 DECEMBER 18, 1997 12. BY-LAWS (continued) 97-627 Moved by W. Casier Seconded by J. Barclay "THAT By-laws Z387-97, 97-54, 97-55 and 97-56 be read a first and second time." Disposition: Motion Carried Unanimously 97-628 Moved by J. Barclay Seconded by W. Casier "THAT By-laws Z387-97, 97-54,97-55 and 97-56 be read a third time and fmally passed." Disposition: Motion Carried Unanimously 97-629 Moved by J. Barclay Seconded by J.Nezezon "THAT By-law 97-57 be read a first and second time". Disposition: Motion Carried Unanimously 97-630 Moved by J. Nezezon Seconded by J. Barclay "THAT By-law 97-57 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT 97-631 Moved by J. Barclay Seconded by W. Casier "THAT the Council meeting be Adjourned at 8:50 p.m." Disposition: Motion Carried Unanimously j r 44/tace.c...477--- REEVE N1 H y o 2 CLERK G am: ��.2a/9P