Loading...
HomeMy WebLinkAboutBayham Council Minutes 1996 COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO JANUARY 4, 1996 9:00 A.M. The regular meeting of the Council of the Township of Bayham was held at 9:00 a.m. on Thursday, January 4, 1996 in the Council Chambers. Present were, Reeve Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors, John E. Barclay, Wayne Casier, John Nezezon and Clerk Treasurer Donald W. MacLeod. 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 made a disclosure of pecuniary interest and the general nature thereof. 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES (a) Minutes from the regular Council meeting held December 21, 1995. Moved by W. Casier Seconded by J. Nezezon "THAT the minutes of December 21, 1995, be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 10:30 a.m. - Cyril Demeyere and Andy Valickis regarding Straffordville/Eden Water/Sewage study. Cyril Demeyere and Andy Valickis from the Ontario Clean Water Agency were present to update Council on the status of the Straffordville/Eden Water/Sewage study. Mr. Demeyere informed Council that aerial flying had been completed and hydrogeologic mapping had commenced. In reply to Reeve Chute's question, Mr. Demeyere affirmed that the project could be spread over two years as could billing for the project. He noted that if delays are experienced, Phase 4 of the study would probably not be completed until 1997. In reply to Deputy Reeve Volkaert's question, Mr. Demeyere replied that a test well could be used as a production well if the casing used was of sufficient capacity. Mr. Demeyere explained that a hydrogeologist would be able to provide a prediction on the likelihood of a well producing adequate quantities for a communal supply. With respect to the composition of the Liaison Committee, Mr. Demeyere recommended all of Council, a representative from Ministry of the Environment and Energy, a representative form the Ontario Clean Water Agency and a representative from the Elgin - St. Thomas Health Unit. This Committee would only meet on an infrequent basis. Andy Valickis informed Council that the study was actually 4 individual studies, therefore a delay with one portion of one study would not delay the others. He also advised Council that ESR's are valid for 5 years and only have to be updated with an addendum after the 5 year period. Mr. Valickis then proceeded to review the services OCWA could offer as project managers for various projects. This process would have OCWA acting as the Township engineer and would include; reviewing all plans and reports, all invoices, overseeing construction and running the tendering process. He noted these were the services formerly provided by MOEE. Mr. Valickis agreed to provide the Township with a cost COUNCIL MINUTES 2 JANUARY 4, 1996 estimate for providing project management services for the Straffordville/Eden Water/Sewage study. 5. INFORMATION ITEMS Moved by J. Volkaert Seconded by W. Casier "THAT Information Items 5(a) - 5(d) be received and filed." Disposition: Motion Carried Unanimously (a) Ministry of Natural Resources correspondence regarding changes to the Conservation Authorities Program.(Received and Filed) (b) County of Oxford correspondence Notice of Adoption of the Proposed County of Oxford Official Plan.(Received and Filed) (c) Elgin Community Leaders' Letter.(Received and Filed) (d) Village of Port Burwell correspondence regarding the East Elgin Secondary System Water. (Received and Filed) 6. PLANNING & DEVELOPMENT 1. CORRESPONDENCE &REPORTS No items. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 4. PUBLIC MEETINGS No meetings scheduled. 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE &REPORTS COUNCIL MINUTES 3 JANUARY 4, 1996 (a) Memorandum from Acting Road Superintendent. Moved by J. Nezezon Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. S. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE & REPORTS (a) Elgin County Mutual Aid Association correspondence regarding participation in the Association's affairs. Moved by W. Casier Seconded by J. Barclay "THAT the correspondence be deferred." Disposition:. Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE & REPORTS (a) Ministry of Municipal Affairs and Housing correspondence regarding the Ontario Municipal Support Program. Moved by W. Casier Seconded by J. Volkaert "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 4 JANUARY 4, 1996 (b) Mosey & Mosey correspondence regarding 1996 renewal of the Elgin County-Wide Group Insurance Benefit Program. Moved by J. Barclay Seconded by J. Volkaert "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (c) The Corporation of the Village of Belmont correspondence regarding 1996 School Board and County requisitions. Moved by J. Barclay Seconded by W. Casier "THAT the resolution of the Village of Belmont with respect to a request to County of Elgin, the Elgin County Board of Education and the Elgin County Roman Catholic Separate School Board to not increase municipal taxes due to provincial funding cuts be endorsed." Disposition: Motion Defeated Moved by J. Nezezon Seconded by J. Volkaert "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (d) Tillsonburg District Memorial Hospital correspondence regarding health care reforms. Moved by J. Volkaert Seconded by W. Casier "THAT the Premier of Ontario and the Minister of Health be advised the Council of the Township of Bayham objects to provisions contained in Bill 26 that would allow the Provincial government absolute, unopposed and unaccountable control over health care in the Province of Ontario." Disposition: Motion Carried Unanimously (e) Report from Clerk Treasurer regarding 1996 Interim Tax Levy Moved by J. Barclay Seconded by W. Casier "THAT report 96.001 from the Clerk Treasurer with respect to the adoption of a by- law to set the interim mill rate at 184 mills be adopted." Disposition: Motion Carried Unanimously COUNCIL MINUTES 5 JANUARY 4, 1996 (f) Cash requirements report of accounts for the period ending January 3, 1996, and a cheque register for the period ending December 22, 1995. Moved by J. Nezezon Seconded by J. Volkaert "THAT the Cash Requirements Report for accounts for the period ending January 3, 1996, be approved for payment." AND THAT the Cheque Register of cheques issued for the period ending December 22, 1995, be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) The Village of West Lorne correspondence requesting support of a resolution concerning firefighter training. 3. OTHER BUSINESS No items. 10. ENVIRONMENT 1. CORRESPONDENCE & REPORTS (a) County of Elgin correspondence regarding Waste Management Planning. Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Cyril J. Demeyere Limited correspondence regarding Environmental Study Reports. Moved by J. Nezezon Seconded by J. Barclay "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS No items. COUNCIL MINUTES 6 JANUARY 4, 1996 11. COMMITTEE OF TIDE WHOLE 1. CORRESPONDENCE &REPORTS No items. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 12. BY-LAWS 96-1 1996 Borrowing By-law 96-2 1996 Interim Levy By-law - A by-law to provide for an interim levy prior to the adoption of the estimates for the year 1995 96-3 Confirming By-law Moved by J. Barclay Seconded by J. Volkaert "THAT by-laws 96-1 and 96-2 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by J. Nezezon "THAT by-law 96-1 and 96-2 be taken as read a third time and finally passed." Dispositive. Motion Carried Unanimously Moved by J. Barclay Seconded by J. Nezezon "THAT by-law 96-3 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Volkaert "THAT by-law 96-3 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 7 JANUARY 4, 1996 13. ADJOURNMENT Moved by J. Volkaert Seconded by J. Barclay "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously , gfri REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO JANUARY 18, 1996 6:45 P.M. The regular meeting of the Council of the Township of Bayham was held at 6:45 p.m. on Thursday, January 18, 1996 in the Council Chambers. Present were, Reeve Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors, John E. Barclay, Wayne Casier, John Nezezon, Clerk Treasurer Donald W. MacLeod, Deputy Treasurer Lynn Buchner and Chief Building Official Dwayne Daniel. 1. CALL TO ORDER Reeve Vane Chute called the meeting to order at 6:45 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No items. 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES (a) Minutes from the regular Council meeting held January 4, 1996. Moved by J. Nezezon Seconded by W. Casier "THAT the minutes of January 4, 1996, be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 6:45 p.m. - Gary Blazak regarding Servant Retreat Site Plan Control Agreement. The Township planning consultant was present to review with Council a proposed Site Plan Control Agreement concerning property owned by Servant Retreat Inc. With respect to regulating mobile homes, Mr. Blazak noted that this item was covered in the Zoning By-law and states that no mobile homes are permitted. Mr. Blazak noted that items contained in Clause 5 of the agreement should be reviewed with the owner as the items are not standard in a site plan control agreement. Mr. Blazak informed Council that enforcement of the agreement falls under the authority of the Municipal Act and as such carries a maximum $5,000.00 fine upon a conviction. Mr. Blazak also noted the agreement is placed on title and is binding should the property be sold. (b) 8:15 p.m. - Jim Oliver and Jack Petrie from the Long Point Region Conservation Authority concerning item 10-1(b). Mr. Oliver, General Manager of the Authority, reviewed with Council the cuts proposed due to amendments to the Conservation Authorities Act. Mr. Oliver noted the reduction in provincial funding was equal to 24% of annual funding. He also noted that I/4 of the Authorities funding comes from the municipal levy. He noted the purpose of the presentation was to make Council aware that the Authority is seeking a commitment for funding at 1995 levels. He noted that it was not yet an option for a municipality to not pay the levy, however amendments could have some bearing on this in the future. In reply to the Deputy Reeve's question, Mr. Oliver noted the Lower Big Otter Remedial Plan was a major undertaking that had occurred within Bayham Township. He also r8 COUNCIL MINUTES 9 JANUARY"4,, 1996 noted the CURB program was active in the area prior to the province cutting the program. 5. INFORMATION ITEMS Moved J. Barclay Seconded by J. Nezezon "THAT Information Items 5(a) - 5(e) be received and filed." Disposition: Motion Carried Unanimously (a) Association of Municipalities of Ontario correspondence. (Received and Filed) (b) Long Point Region Conservation Authority circulation of minutes from a meeting held December 6, 1996. (Received and Filed) (c) Ontario Good Roads Association correspondence. (Received and Filed) (d) Ministry of Municipal Affairs and Housing correspondence regarding draft Provincial Policy Statement. (Received and Filed) (e) Association of Municipalities of Ontario correspondence regarding a submission to the Standing Committee on General Government regarding Bill 26. (Received and Filed) 6. PLANNING & DEVELOPMENT 1. CORRESPONDENCE & REPORTS (a) County of Elgin Land Division Committee notice of a public meeting regarding Application#E164/95 submitted by Fred 7 Susan Hermann concerning Part Lot 126, Concession 6 S.T.R. Moved by W. Casier Seconded by J. Volkaert "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends approval of application#E164195 subject to the stipulation of the Planning Act being applied to join the severed parcel with the adjacent lot owned by Robert & Linda Cain." Disposition: Motion Carried Unanimously (b) Report from Deputy Treasurer concerning Bayham Community Centre. Moved by W. Casier Seconded by J. Nezezon "THAT the report 96.007 from the Deputy Treasurer with respect to the Bayham Community Centre be received and filed; COUNCIL MINUTES 10 JANUARY 1996 AND THAT the Clerk Treasurer be instructed to contact Ontario Hydro to review the hydro usage at the Bayham Community Centre." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 4. PUBLIC MEETINGS No meetings scheduled. 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE &REPORTS (a) Corinth Drain Court of Revision The Reeve announced that a resolution was necessary in order to appoint the Court of Revision. Moved by J. Barclay Seconded by W. Casier THAT the Council do now recess in order to conduct a Court of Revision with respect to the Corinth Drain Branch "A"; AND THAT the following members be appointed as the Court of Revision D. Vane Chute Joe Volkaert Wayne Casier John Nezezon Jack Barclay Disposition: Motion Carried Unanimously Reeve Chute called the meeting to order and asked the Township's drainage engineer, John Spriet, to review the Schedule of Assessments for the Corinth Drain. Mr. Spriet reviewed the assessments. The Clerk then read a letter of appeal submitted by Mark Bogart. Mr. Bogart was present and noted that he was appealing his assessment due to the fact he had already installed a drainage scheme at his own expense that was to have serviced the residential lots on Main St. Mr. Bogart also made mention that the cause of the flooding was due to the fact that a culvert was taken out from under the road during the 1985 reconstruction. He also noted that storm situations would always cause problems no matter what type of drain was installed. In response to the Reeve's question Mr. Spriet noted the Court of Revision had two options: 1. Confirm the assessments as noted in the report, 2. Modify the assessments. COUNCIL MINUTES 11 JANUARY al, 1996 Moved by W., Casier Seconded by J.Nezezon "THAT the assessments outlined in the Engineer's Report dated October 30, 1995, with respect to the Corinth Drain Branch "A"Municipal Drain be amended. 1) Roll#5-117 be reduced by$2,330.00 2) That$2,330.00 be added to the Township of Bayham Road. Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by W. Casier "THAT the Court of Revision do now adjourn." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 8. PROPERTY,BUILDING& PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Report from Clerk Treasurer regarding proposed Bayham/Vienna Fire Protection Agreement. Moved by J. Barclay Seconded by W. Casier "THAT report 96.003 from the Clerk Treasurer with respect to a fire protection agreement with the Village of Vienna be adopted." Disposition: Motion Carried Unanimously (b) Amtelecom Inc. correspondence regarding a submission made to the CRTC concerning a proposal to levy a fee for 9 1 1 service. Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be deferred." Disposition: Motion Carried Unanimously COUNCIL MINUTES 12 JANUARYS 1996 (c) Report from Chief Building Official concerning building permits issued for the period ending December 31, 1995. Moved by J. Volkaert Seconded by J.Nezezon "THAT the building permits for the month of December, 1995 be approved." Disposition: Motion Carried Unanimously (d) Memorandum from Chief Building Official concerning building permits issued for the year ending December 31, 1995. Moved by J. Nezezon Seconded by J. Barclay "THAT memorandum 96.002 from the Chief Building Official with respect to building permits for the year 1995,be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Elgin County Mutual Aid Association correspondence regarding participation in the Association's affairs. Moved by J. Nezezon Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS No items. 9. FINANCE,ADMINISTRATION&PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Report from Deputy Treasurer regarding 1995 assessment analysis. Moved by J. Volkaert Seconded by J.Nezezon "THAT report 96.007 from the Deputy Treasurer with respect to the year end assessment analysis be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 13 JANUARYS 1996 (b) Copy of correspondence from the County of Elgin to the Thames Valley District Health Council regarding the closure of the St. Thomas Psychiatric Hospital. Moved by J. Volkaert Seconded by W. Casier "THAT the resolution of the County of Elgin with respect to the recommended closure of the St. Thomas Psychiatric Hospital be endorsed." Disposition: Motion Carried Unanimously (c) Report from Deputy Treasurer concerning tax arrears analysis. Moved by J. Volkaert Seconded by J. Barclay "THAT report 96.004 be received and filed." Disposition: Motion Carried Unanimously (d) Cash requirements report of accounts for the period ending January 3, 1996, and a cheque register for the period ending January 11, 1996. Moved by J. Volkaert Seconded by J.Nezezon "THAT the Cash Requirements Report for accounts for the period ending January 11, 1996,be approved for payment." AND THAT the Cheque Register of cheques issued for the period ending January 3, 1996,be approved. Disposition: Motion Carried Unanimously (e) Report from Deputy Treasurer concerning 1995 tax write offs. Moved by W. Casier Seconded by J. Barclay "THAT report 96.008 from the Deputy Treasurer with respect to 1995 and 1994 tax write offs be adopted. AND THAT taxes in the amount of$6,424.32 be cancelled,refunded or reduced pursuant to Section 442 of the Municipal Act" Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) The Village of West Lorne correspondence regarding a resolution concerning fire department training requirements. Moved by W. Casier Seconded by J. Volkaert "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS COUNCIL MINUTES 14 JANUARY 1996 No items. 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Report from Clerk Treasurer concerning a revised littering by-law. Moved by W. Casier Seconded by J. Volkaert "THAT report 96.006 from the Clerk Treasurer with respect to a littering by-law be adopted." Disposition: Motion Carried Unanimously (b) Long Point Region Conservation Authority correspondence concerning changes to Provincial grants for Conservation Authorities. Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (c) Ontario Clean Water Agency correspondence regarding project management services for the Straffordville/Eden Environmental Study Reports. Moved by J.Nezezon Seconded by J. Volkaert "THAT the OCWA be advised the Council of the Township of Bayham hereby requests the OCWA to provide project management services the Straffordville/Eden Environmental Study Reports; AND THAT the upset limit for these services shall be$23,000." 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 COUNCIL MINUTES 15 JANUARY 1996 No items. 3. OTHER BUSINESS No items. 12. BY-LAWS 96-4 Littering By-law 96-5 A by-law to authorize a fire protection agreement with the Village of Vienna 96-6 Confirming By-law Moved by J.Nezezon Seconded by J. Volkaert "THAT by-laws 96-4 and 96-5 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by I Volkaert Seconded by W. Casier "THAT by-laws 96-4 and 96-5 be taken as read a third time and fmally passed." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by W. Casier "THAT by-law 96-6 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by J.Nezezon "THAT by-law 96-6 be taken as read a third time and fmally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT Moved by J. Barclay Seconded by W. Casier Disposition: Motion Carried Unanimously iotft 4114, REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO FEBRUARY 1, 1996 9:00 A.M. The regular meeting of the Council of the Township of Bayham was held at 9:00 a.m. on Thursday, February 1, 1996 in the Council Chambers. Present were, Reeve Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors, John E. Barclay, Wayne Casier, John Nezezon, Clerk Treasurer Donald W. MacLeod, Deputy Treasurer Lynn 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 Reeve Chute made a disclosure of pecuniary interest and the general nature thereof with respect to item 6-4-(b) 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES (a) Minutes from the regular Council meeting held January 18, 1996. Moved by W. Casier Seconded by J. Volkaert "THAT the minutes of January 18, 1996, be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 9:10 a.m. - Laird Passmore regarding Bayham Community Centre. Laird Passmore of Passmore Electric was present to review with Council his findings and conclusions regarding the heating and air conditioning unit recently installed at the Bayham Community Centre. Council had requested Mr. Passmore to investigate the efficiency of the new unit due to concerns they had about hydro costs at the Bayham Community Centre. Mr. Passmore explained to Council that the building originally housed four furnace units. The units were later modified so that only two units would ever be in use at one time. It was Mr. Passmore's opinion that the new units was oversized for the current use. He also suggested that hydro cost savings could be achieved if the baseboard heaters and the other two furnace units were eliminated and ducts were extended to service the remainder of the second floor of the building. Mr. Passmore explained it would be an unnecessary cost to have present demand meter replaced with a regular usage meter even after the hydro remains consistently below the high volume level since the maximum rate only applies when the meter exceeds the preset high volume level. Reeve Chute asked Mr. Passmore if all the electrical units in the building had been tested for efficient use of hydro. Mr. Passmore explained that he checked the specifications on the new furnace unit but could not physically disassemble the unit to test it or the warranty would be void. He also explained that the other electrical machinery had not been tested because it would not be cost effective to test each electrical unit due to their minimal level of consumption. He did recommend conducting a comparison of the summer months' kilowatt use for the last two or three years to identify any problems with the other electrical units. Reeve Chute thanked Mr. Passmore for his consultation and said Council would take his advice under consideration. COUNCIL MINUTES 17 FEBRUARY 1, 1996 5. INFORMATION ITEMS Moved by J. Volkaert Seconded by W. Casier "THAT Information Items 5(a) - 5(e) be received and filed." Disposition: Motion Carried Unanimously (a) St. Thomas-Elgin Tourist Association correspondence. (Received and Filed) (b) Long Point Region Conservation Authority correspondence regarding 1995 per diems. (Received and Filed) (c ) Long Point Region Conservation Authority notice of 1996 Annual Meeting. (Received and Filed) (d) Various news articles. (Received and Filed) (e) Aylmer Area Community Foundation correspondence. (Received and Filed) 6. PLANNING & DEVELOPMENT 1. CORRESPONDENCE &REPORTS (a) Fred& Susan Hermann application for an amendment to the Township Zoning By-law concerning Part Lot 135, Concession 7 N.T.R. Moved by W. Casier Seconded by J. Volkaert "THAT the application of Fred & Susan Hermann for an amendment to the Township Zoning By-law to change the zoning on Part Lot 135, Concession 7 N.T.R. from Agricultural (Al) to Rural Residential (RR) to permit the severance of a dwelling that is surplus to a farming operation be accepted and forwarded to the Township planning consultant for by-law preparation." Disposition: Motion Carried Unanimously (b) Report from Clerk Treasurer regarding a request for an encroachment agreement over First Street in Eden. Moved by J. Nezezon Seconded by W. Casier "THAT the report 96.009 from Clerk Treasurer with respect to an encroachment agreement over First Street in Eden be accepted and a by-law be given three readings to authorize the Reeve and Clerk to sign the encroachment agreement." Disposition: Motion Carried Unanimously COUNCIL MINUTES 18 FEBRUARY 1, 1996 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 4. PUBLIC MEETINGS Moved by W. Casier Seconded by J. Nezezon "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 Chute called the public meeting to order at 10:00 a.m. and advised Council the purpose of the meeting was to receive public input on three applications for amendments to the Township Zoning By-law. 2. Disclosure of pecuniary interest and the general nature thereof Reeve Chute made a disclosure of pecuniary interest and the general nature thereof with respect to application (b). 3. Applications (a) An application submitted by Brian and Betty Lou Graydon for an amendment to the Township Zoning By-law to change the zoning on Part Lot 13, Concession 10, from Agricultural (A1) to Rural Residential (RR) to permit the creation of a retirement lot. i) Staff Report The Clerk advised Council the purpose of the application is to amend the Zoning By-law to change the zoning from Agricultural (Al) to Rural Residential (HR). The effect of the amendment will be to allow the severance of a retirement lot. Proposal The purpose of this application is to change the zoning on a 54.9 m x 73.8 m parcel of land to permit the creation of a retirement lot. The parcel is to be severed from a 96 acre parcel of agriculturally zoned land. It is proposed that a single family dwelling would be built on the severed parcel. The subject lands are currently zoned Agricultural (Al). In order to permit the severance of the parcel it is necessary to change the zoning to Rural Residential. Official Plan Policies The current designation of the land involved in this proposal is Agriculture and as such a severance for the purpose of creating a retirement lot is permitted. COUNCIL MINUTES 20 FEBRUARY 1, 1996 Official Plan Policies The current designation of tin land involved in this proposal is Agriculture and as such a severance for the purpose of creating a retirement lot is permitted. Zoning By-law The current zoning on the subject property is Agricultural (A1). This proposal requires a site specific amendment to change the zoning on the severed parcel to Rural Residential. The remnant farm parcel would remain Agricultural (Al). Conclusions The approval does conform to the general intent of the Official Plan and with a site specific Zoning By-law amendment will conform to the Zoning By-law. Comments The applicant has filed an application with the County of Elgin Land Division Committee that has been conditionally approved subject to a zone change on the subject lands and the payment of $500 in lieu of parkland dedication. In order to accommodate a minor housekeeping amendment to correct a text error on a previous Zoning By-law Amendment (Stuart Hoogsteen) Section 2 of the By-law changes the minimum lot area on the Hoogsteen farm to the correct acreage. This oversight was brought to light during the sale of the farm parcel. ii) Presentation By Applicant The applicants were not present. iii) Public Comments No responses received by the Ministries contacted in regards to this application for a zone change except for the Elgin-St. Thomas Health Unit who had no comments since their conditions were met at the time of the severance application. No member of the public appeared to comment on the application. iv) Council Questions and Discussions There were no questions from Council. (c ) An application submitted by Kevin and Kim Pearson for an amendment to the Township Zoning By-law to add a certified shooting range as a permitted use to the Agricultural (A1) zone for property located at Part Lot 114, Concession 6 S.T.R. i) Staff Report The purpose of this application is to change the zoning on a parcel of land to permit the establishment of a private certified shooting range in addition to all other uses in the agricultural zone. The property consists of approximately 15 acres of non-productive agricultural land situated south of the bend in Beattie Road in Part of Lot 114, Concession 6 S.T.R. The subject lands are heavily wooded and form part of a ravine associated with the Otter Creek. Neighbouring residential and agricultural uses are well separated and visually removed from the proposed use on the Pearson property. COUNCIL MINUTES 19 FEBRUARY 1, 1996 Zoning By-law The current zoning on the subject property is Agricultural (Al). This proposal requires a site specific amendment to change the zoning on the severed parcel to Rural Residential. The remnant farm parcel would remain Agricultural (Al). Conclusions The approval does conform to the general intent of the Official Plan and with a site specific Zoning By-law amendment will conform to the Zoning By-law. Comments The applicant has filed an application with the County of Elgin Land Division Committee that has been conditionally approved subject to a zone change on the subject lands and the payment of $500 in lieu of parkland dedication. ii) Presentation By Applicant The applicants were not present. Public Comments The Clerk presented and read responses received from the Ministries contacted. Response received from the Elgin St. Thomas Health Unit stated that before approval can be granted to the Elgin County Land Division Committee the applicant will have to submit to the Health Unit, a site plan identifying level land area 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. This is determined in part by the results of the applicant's soil cut and soil percolation test. Correspondence received from the Long Point Region Conservation Authority stated no comment. No member of the public appeared to comment on the application. iv) Council Questions and Discussions There were no questions from Council. (b) An application submitted by Konrad and Katharina Stickel for an amendment to the Township Zoning By-law to change the zoning on Part Lot 19, Concession South Gore, from Agricultural (A1) to Rural Residential (RR) to permit the creation of a retirement lot. i) Staff Report The Clerk advised Council the purpose of the application is to amend the Zoning By-law to change the zoning from Agricultural (Al) to Rural Residential (HR). The effect of the amendment will be to allow the severance of a retirement lot, Proposal The purpose of this application is to change the zoning on a 50 m x 80 m parcel of land to permit the creation of a retirement lot. The parcel is to be severed from a 68 acre parcel of agriculturally zoned land. It is proposed that a single family dwelling would be built on the severed parcel. The subject lands are currently zoned Agricultural (Al). In order to permit the severance of the parcel it is necessary to change the zoning to Rural Residential. COUNCIL MINUTES 21 FEBRUARY 1, 1996 Official PIan Policies The current designation of the land involved in this proposal is Agriculture. The Official Plan does not specifically mention shooting ranges, however the use intended could be construed as agricultural in nature and as such it would be permitted without amending the Official Plan. Zoning By-law The current zoning on the subject property is Agricultural (Al). This proposal requires a site specific amendment to add a certified private shooting range as a permitted use in the Agricultural (Al) Zone. Due to the fact the Township does not have a firearms by-law the establishment of a private gun range in the agricultural zone is permitted. In this instance the owner wishes to use restricted weapons (hand guns) on the range. In order to receive permission from the Ontario Provincial Police it is necessary to have municipal approval for this use. The Township's planning consultant has recommended that a site specific zoning would be an effective way of regulating the use of the land. Additionally, should Council feel it necessary to further regulate the land use, a site plan control agreement may be entered into. Conclusions The approval does conform to the general intent of the Official Plan and with a site specific Zoning By-law amendment will conform to the Zoning By-law. ii) Presentation By Applicant Mr. Pearson appeared before Council and presented a letter written by himself in support of his application. The letter emphasized the concern of the neighbours and his desire to satisfy all concerns in this regard. iii) Public Comments Several of the applicant's neighbours were present to express their concerns with regards to the application. Arnold Van der Pas expressed concern for the safety of people who frequently visit his property and the woods within the vicinity. Mr. Pearson replied that Mr. Van der Pas could inform Mr. Pearson when such people would be visiting and he would refrain from shooting during those times. Barbara Rycquart requested clarification from Mr. Pearson as to the restrictions or more specifically what the special firearms license would allow in regards to the use of a restricted firearm. Mr. Pearson explained that the license, issued by the Ontario Provincial Police, allowed Mr. Pearson to carry the restricted firearm from his residence to a certified shooting range. Mr. Pearson also stated that no one else could bring a restricted firearm to his shooting range, but he was authorized to allow another person to use his firearm while Mr. Pearson retains full responsibility for that persons actions. A petition disputing the application was presented to Council by the Public and was read by the Clerk. The petition expressed the neighbours' opposition to the proposal regards to the following remarks: 1. the gunfire noise is unacceptable 2. neighbouring properties would be experience a reduction in value 3. it would create an unsafe environment for people walking through the woods within the vicinity 4. it would disturb all wildlife throughout the year The Clerk also presented correspondence received from Ministries advised of the application. Response was received from the Ministry of Environment and Energy who stated concern that contaminants could beg discharged both on and off the subject property. The contaminants in COUNCIL MINUTES 22 FEBRUARY 1 1996 question being noise and lead (if lead shot is used). The lead shot could contaminate the soils in the area which may require de-commissioning if the levels of lead exceeded a certain level based on the Ministry's criteria. It was also specified that a Certificate of Approval is required according to provisions set out in section 9 of the Environmental Protection Act before the shooting range could operate. He elaborated on this point by stating that a Certificate of Approval could deal with issues such as hours of operation, noise and any other environmental concerns held by Council and or neighbours. Other correspondence received included a letter from the Long Point Region Conservation Authority who noted that the subject property is affected by the Fill, Construction and Alteration to Waterways Regulation (R.R.O., 1990, Reg 154) made under the Conservation Authorities Act. Since the Conservation Authority is currently preparing additional Fill Line Mapping which may become regulation in 1996, this property may be subject to restrictions with regards to placing or removing fill. However, the letter continues by stating that through their review process and concerns with development on the subject land will be adequately addressed and therefore have no objection to approval of the application. Letters addressed to the Clerk were sent by Magda VanOpstal and another by A.H Neumann, neighbours to the subject land, who expressed their opposition to the proposed zone change. Correspondence received from the Elgin St. Thomas Health Unit stated no objections to the proposed amendment, however, if permission to erect on the site, any building requiring sewage disposal services should only be granted when the property owner has received a certificate of approval for a private sewage disposal system from the issuing authority. iv) Council Questions and Discussions Reeve Chute asked the Clerk if a site specific agreement could be established and the Clerk responded by stating that such an agreement could be put in place to provide regulations such as the physical location of the shooting range, the time of day shooting could take place, etc. Reeve Chute explained to the Public that Council would consider all comments presented at this meeting and would make a decision that could be appealed by either party (Mr. Pearson or the neighbours) to the Ontario Municipal Board or a fee of$125. 4. Adjournment Moved by W. Casier Seconded by J. Volkaert "THAT the public meeting be adjourned." Disposition: Motion Carried Unanimously Subsequent to the adjournment of the public meeting, Council discussed the application submitted by Kevin and Kim Pearson and passed the following resolution. Moved by W. Casier Seconded by J. Barclay "THAT the application of Kevin & Kim Pearson for an amendment to the Township Zoning By-law to add a private certified shooting range as a permitted use in the Agricultural (AI) Zone concerning Part Lot 114, Concession 6 S.T.R. be refused." Disposition: Motion Carried Unanimously COUNCIL MINUTES 23 FEBRUARY 1, 1996 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE &REPORTS (a) Federal Ministry of the Environment correspondence concerning the use of road salts. Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE & REPORTS (a) Ministry of the Solicitor General and Correctional Services correspondence regarding Emergency Measurers Ontario. Moved by J. Volkaert Seconded by J. Barclay "THAT the Clerk be authorized to attend an Emergency Planning and Response Course in Paris, Ontario, on May 7-9, 1996." Disposition: Motion Carried Unanimously (b) Report from Chief Building Official concerning building permits issued for the month ending January 31, 1996. Moved by J. Nezezon Seconded by J. Volkaert "THAT the building permits for the month of January, 1996, be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Amtelecom Inc. correspondence regarding a submission made to the CRTC concerning a proposal to levy a fee for 911 service. (January 4, 1996) 3. OTHER BUSINESS (a) Dwayne Daniel, Township Chief Building Official, presented Council with a summary of a recent meeting and inspection he had with Kevin Mclllmurray, Township COUNCIL MINUTES 24 FEBRUARY 1, 1996 Consultant/Engineer for the construction of the new Bayham Township Firehall. The following deficiencies were noted: 1. Cracks in cement floor of fire truck parking garage - it is the opinion of the CBO and the Engineer that the cracking is a result of shrinkage and the Engineer is following up on this - to contact the Contractor (Reid & Deleye) to bring in their concrete contractor who installed the cement 2. Ceiling leaks in the kitchen area - are the result of water coming in through the outside washroom vents which require more caulking - Mr. McllImurray said this would be done when the weather is more favourable 3. Outside storage tank had no water the last time the fire department attempted to fill their trucks - this was due to a faulty mercury switch on the tank which has s subsequently been repaired 4. Toilets not flushing completely - is standard for the low consumption model of toilets that were installed - to rectify this standard toilet fixtures could be replace the low consumption models - no action to be taken at this time 5. Low water pressure from faucets -the CBO explained to Council how he had received a demonstration from the plumbing contractor on the water pressure which is due to low consumption screens installed in the faucets and when removed there is ample pressure present - to leave screens intact (b) Councillor Barclay raised a concern with the new heating/air conditioning unit recently installed at the Bayham Community Centre. He mentioned that two of the thermostat covers had not been installed. The CBO stated that the old covers were to be used for the remaining two thermostats. Reeve Chute suggested that the CBO follow up to ensure they were in fact put back in place. 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE &REPORTS (a) Ministry of Municipal Affairs and Housing correspondence regarding the Ontario-Quebec Municipal Student Exchange Program. Moved by J. Nezezon Seconded by W. Casier "THAT the Clerk Treasurer be authorized to submit an application under the Ontario-Quebec Municipal Student Exchange Program." Disposition: Motion Carried Unanimously (b) Township of Elizabethtown correspondence requesting support of a resolution concerning the Ontario Municipal Board. Moved by W. Casier Seconded by J. Volkaert "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 25 FEBRUARY 1, 1996 (c ) County of Elgin- County of Study Committee minutes of the meeting held December 19, 1995. Moved by J. Barclay Seconded by J. Nezezon "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (d) Cash requirements report of accounts for the period ending January 30, 1996, and a cheque register for the period ending January 19, 1996. Moved by J. Barclay Seconded by J. Nezezon "THAT the Cash Requirements Report for accounts for the period ending January 30, 1996, be approved for payment." AND THAT the Cheque Register of cheques issued for the period ending January 19, 1995, be approved." Disposition: Motion Carried Unanimously (e) Report from Clerk Treasurer regarding Committee and Board appointments for 1996. Moved by J. Volkaert Seconded by W. Casier "THAT the Long Point Region Conservation Authority be advised the Council of the Township of Bayham supports the reappointment of Jack Petrie to the Long Point Region Conservation Authority." AND THAT the following members be appointed to serve on the Bayham Parks Recreation and Community Centre Board." Jack Barclay Wayne Casier Vane Chute Jackie DeClercq Ken Nesbitt Diana Norris Matt Schafer Max Stewart Cheryl Ward Vicky Wiggans Bea Kethabaw Greg Volkaert Roger DeClercq Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. COUNCIL MINUTES 26 FEBRUARY 1, 1996 10. ENVIRONMENT 1. CORRESPONDENCE &REPORTS (a) Joint Board for Waste Management correspondence regarding waste management service requirements. Moved by W. Casier Seconded by J. Barclay "THAT the Joint Board for Waste Management be advised the council of the Township of Bayham approves the service requirement, as amended, shown on the attached Table 2 Local Municipal Waste Management Service Requirements for the purposes of the Request for Proposal call being issued by the Joint Board for Waste Management Planning for the County of Elgin/City of St. Thomas." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE & REPORTS (a) Report from Clerk Treasurer concerning a proposed land purchase. Moved by J. Barclay Seconded by W. Casier "THAT Council do now rise to enter into an "In Camera" Committee of the Whole session to discuss a matter of property acquisition and a personnel matter." Disposition: Motion Carried Unanimously Moved W. Casier Seconded by J. Barclay "THAT the "In Camera" Committee of the Whole session be adjourned and the report from the Committee of the Whole be adopted." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. COUNCIL MINUTES 27 FEBRUARY 1, 1996 12. BY-LAWS 96-7 A by-law to acquire Part of Lot 16, Concession North Gore (Parts 1 &2 on Reference Plan 1185218) for the purpose of road widening 96-8 A by-law to authorize the Reeve and Clerk to execute an agreement to permit the encroachment of a single family residence building over the road allowance between Concession 8 and Concession 9 (First Street, Plan 113) and to assign a fee for such privilege Z348-96 A by-law to amend By-law No. 2387 (Konrad& Katharina Stickel) Z350-96 A by-law to amend By-law No. 2387 (Brian& Betty Lou Graydon) 96-9 Confirming By-law Moved by W. Casier Seconded by J. Barclay "THAT by-laws 96-7, 96-8, Z348-96 and Z350-96 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by W. Casier "THAT by-law 96-7, 96-8, Z348-96 and Z350-96 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by W. Casier "THAT by-law 96-9 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by J. Volkaert "THAT by-law 96-9 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT Moved by J. Barclay Seconded by J. Volkaert "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously / 4 of REEVE CL ' COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO FEBRUARY 15, 1996 7:00 P.M. The regular meeting of the Council of the Township of Bayham was held at 7:00 p.m. on Thursday, February 15, 1996 in the Council Chambers. Present were, Reeve Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors, John E. Barclay, Wayne Casier, John Nezezon, Clerk Treasurer Donald W. MacLeod, and Deputy Treasurer Lynn Buchner. 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 made a disclosure of pecuniary interest and the general nature thereof. 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES (a) Minutes from the regular Council meeting held February 1, 1996. Moved by J. Nezezon Seconded by J. Volkaert "THAT the minutes of February 1, 1996, be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 8:00 p.m. - Brian Vanquathem regarding a proposed severance. Brian Vanquathem appeared before Council to ask their opinion on a proposed severance of property he is considering purchasing. Mr. Vanquathem presented a drawing of the site showing an area of approximately one acre to be severed. Reeve Chute asked Mr. Vanquathem if he currently farmed in Bayham Township. Mr. Vanquathem responded affirmatively to this question. Deputy Reeve Volkaert stated that the Ministry of Agriculture, Food and Rural Affairs would likely oppose the application if submitted due to the location of the barn. The barn is situated closer to the surplus dwelling than is permitted in the Official Plan and the Agricultural Code of Practice. Mr. Vanquathem stated that he would not object to placing a restricted use on the barn because he felt it would never be used to house livestock. Reeve Chute mentioned that the property would be subject to a zone change and he felt he could not support an application, if one were to be submitted, based on the location of the barn. Deputy Reeve Volkaert also stated he would not be in favour of a severance because other applications under similar circumstances have been denied approval in the past and therefore have set a precedence which should be followed. Councillor Casier stated that he would like to know what the lot to the north of the barn is zoned before he commits to a decisions on the issue. Reeve Chute explained to Mr. Vanquathem that Council would consider his request and give their opinion on a later date. COUNCIL MINUTES 29 FEBRUARY 15, 1996 (b) 8:30 p.m. Wendell Graves, Town of Aylmer Administrator, regarding the Tobacco Task Force. Wendell Graves, Town of Aylmer Administrator, appeared before Council to present a report prepared for Resource Assessment and Planning Committee by Deloitte & Touche Management Consultants. This fact based report is entitled Economic Contribution of the Tobacco Industry in the Tobacco Growing Region of Ontario. Mr. Graves gave a brief overview on the report which focuses on four area Counties, namely Brant, Elgin, Haldimand-Norfolk and Oxford. Points of interest with regards to Elgin County include the following: • agriculture labour force is 4,575 people or 11.6% of labour force • tobacco industry is 13th largest employer • Malahide and Bayham Townships account for 77% of tobacco production in Elgin • total income earned in Bayham from tobacco is $7 million • offshore labour accounts for 6% of labour force for tobacco production - 23% of labour force is students • $23 million of tax revenues are derived from the tobacco industry in Elgin $12 million - Federal 7 million - Provincial 4 million - Local Deputy Reeve Volkaert requested Mr. craves to explain the purpose of the study. Mr. Graves explained that the study is to assess the economic and social adjustment consequences of changes in the demand for tobacco produced and processed within the tobacco growing area of Ontario, to assist communities in assessing the implications of change. Mr. Graves continued to disclose the cost of the study at $250,000 and that financial assistance was provided by various Townships involved and the Tobacco Marketing Control Board. Reeve Chute thanked Mr. Graves for presenting the report to Council and commended the time and effort put into the study by all participants. The Clerk suggested making a copy of the Report available at the office for area residents who would be interested in borrowing it. (c) 9:15 p.m. - Jack Petrie regarding agenda item 6-1(a). Jack Petrie, acting as agent for Doug and Carolyn Dennis, regarding an application for amendment to the Township zoning by-law. Mr. Petrie was present to explain and answer any questions regarding the application. Reeve Chute expressed concern over the excess frontage of the property. Reeve Chute asked Mr. Petrie if this was the first such retirement lot requested by this applicant. Mr. Petrie responded affirmatively. Reeve Chute thanked Mr. Petrie for answering Council's questions and explained that Council would give this matter further consideration before making a decision on the application for severance. The Reeve then questioned the Clerk if the Township could put a restriction of a minimum of 15 meters of frontage and side yard from each road allowance. The Clerk explained that this matter could be dealt with by a special zoning requirement. 5. INFORMATION ITEMS Moved by J. Nezezon Seconded by W. Casier THAT Information Items 5(a), 5(c) - 5(h) be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 30 FEBRUARY 15, 1996 (a) Ministry of Citizenship, Culture and Recreation correspondence regarding results of a survey of an inventory of municipally owned recreational facilities. (Received and Filed) (b) Newspaper article. Moved by J. Volkaert Seconded by W. Casier "THAT the Bayham Township Volunteer Fire Department be sent a letter of commendation for providing excellent service to the residents of Bayham Township. Disposition: Motion Carried Unanimously (c ) 'Ontario Hot Mix Producers Association correspondence regarding a Municipal Spending Priorities Discussion Paper. (Received and Filed) (d) Elgin County Board of Education correspondence. (Received and Filed) (e) Long Point Region Conservation Authority circulation of minutes from a meeting held January 10, 1996. (Received and Filed) (f) Ontario Good Roads Association Municipal Routes Newsletter. (Received and Filed) (g) Frank Cowan Company News. (Received and Filed) (h) Ministry of Municipal Affairs and Housing correspondence regarding the Ontario-Quebec Trade Agreement. (Received and Filed) 6. PLANNING & DEVELOPMENT 1. CORRESPONDENCE &REPORTS (a) Douglas & Carolyn Dennis application for an amendment to the Township Zoning By- law concerning Part Lot 6, Concession 3. Moved by W. Casier Seconded by J. Barclay "THAT the application of Douglas & Carolyn Dennis for an amendment to the Township Zoning By-law to change the zoning on Part Lot 6, Concession 3 from Agricultural (Al) to Rural Residential (RR) to permit the creation of a retirement lot be accepted and forwarded to the Township planning consultant for by-law preparation." Disposition: Motion Carried Unanimously COUNCIL MINUTES 31 FEBRUARY 15, 1996 (b) County of Elgin Land Division Committee notice of a public meeting regarding Application#E10/96 submitted by Frank & Dorothy Chilcott concerning Plan 97, Lots 15 and 16. Moved by W. Casier Seconded by J. Barclay "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends approval of application E10/96 subject the following conditions: 1. That the applicant make a $500 cash payment in lieu of parkland dedication to the Township. 2. That the barn on the severed property be removed if it exceeds the maximum floor area of accessory buildings permitted in the Hamlet Residential Zone. 3. That the stipulation of the Planning Act be applied to join the severed parcel with the parcel of land created through application E123/95." Disposition: Motion Carried Unanimously (c) County of Elgin Land Division Committee notice of a public meeting regarding Application#E1196 submitted by Abram &Anna Friesen concerning Lot 23, Concession 9. Moved by W. Casier Seconded by J. Volkaert "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends approval of application El1/96 subject to the following condition: 1. That the application make a$500 cash payment in lieu of parkland dedication to the Township." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS Councillor Casier, Chair of the Bayham Park & Recreation Board, reminded Council that the parking issue at the Bayham Community Centre was still outstanding and should be resolved before the upcoming season commences. Reeve Chute referred to correspondence included in today's agenda from Frank Cowan Insurance Company that stated for liability reasons municipalities should ensure motorized vehicles be restricted from public use areas. Reeve Chute expressed his concern with regards to treating all organizations equally. Councillor Barclay made a statement that the Lions Club would agree to restrict vehicle access to parking areas only on their annual camping event weekend. Reeve Chute requested the Clerk include this issued on the agenda of the next regular Council meeting to allow time to consider their decision. COUNCIL MINUTES 32 FEBRUARY 15, 1996 4. PUBLIC MEETINGS No meetings scheduled. 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE & REPORTS (a) County of Elgin correspondence regarding a Risk Management Seminar. Moved by J. Volkaert Seconded by W. Casier "THAT the Township Road Superintendent be authorized to attend a Risk Management Seminar at the County of Elgin Garage on April 12, 1996." Disposition: Motion Carried Unanimously (b) County of Elgin correspondence regarding County of Elgin Road Department Emergency Plan. Moved by J. Nezezon Seconded by J. Volkaert "THAT the correspondence be deferred." Disposition: Motion Carried Unanimously (c) County of Elgin correspondence regarding County of Elgin Road Department Curb & Gutter Policy. Moved by J. Nezezon Seconded by J. Volkaert "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE & REPORTS No items. COUNCIL MINUTES 33 FEBRUARY 15, 1996 2. UNFINISHED BUSINESS (a) Amtelecom Inc. correspondence regarding a submission made to the CRTC concerning a proposal to levy a fee for 911 service. Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS Deputy Reeve Volkaert presented a request he had received from Gerald Taylor to place an electronic sign on the corner of Highway # 3 and County Road 38. The purpose of the sign would be to advertise community events. Reeve Chute stated he had also received a similar request from a local resident. Deputy Reeve Volkaert mentioned that the United Church group and firemen may be willing to contribute to the cost of the sign. Deputy Reeve Volkaert suggested charging users a nominal fee to help cover costs. Council agreed to allow Mr. Taylor to investigate the costs involved in the project. 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE & REPORTS (a) Memorandum from the Clerk Treasurer regarding remuneration levels. Moved by W. Casier Seconded by J. Nezezon "THAT Memorandum 96.003 from the Clerk Treasurer be received and filed." Disposition: Motion Carried Unanimously (b) Cheque register for the period ending February 1, 1996 and a cash requirements report of accounts for the period ending February 13, 1996. Moved by J. Volkaert Seconded by W. Casier "THAT the Cash Requirement Report for accounts for the period ending February 13, 1996,. be approved for payment." AND THAT the Cheque Register of cheques issued for the period ending February 5, 1996, be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Report from Clerk Treasurer regarding Committee and Board appointments for 1996. COUNCIL MINUTES 34 FEBRUARY 15, 1996 3. OTHER BUSINESS No items. 10. ENVIRONMENT 1. CORRESPONDENCE & REPORTS 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS Deputy Reeve Volkaert apprised Council regarding a recent request from the Straffordville United Church to waive the transfer station fees for the Church for special events held such as Church suppers. The members feel that the garbage produced by the events is in excess of the maximum garbage pickup restriction and it cannot be held for bi-weekly pickup. Council discussed that special garbage privileges had been requested and declined in the past and agreeing to this request would set an unwelcome precedent. Therefore, Council decided to decline the request for special garbage disposal privileges. Reeve Chute suggested the Township would donate green cones to the Church for compost purposes since most of the waste generated from these events would be compost material. 11. COMMITTEE OF TILE WHOLE 1. CORRESPONDENCE & REPORTS (a) Report from Clerk Treasurer regarding revised job descriptions. Moved by J. Barclay Seconded by W. Casier "THAT Council do now rise to enter into an "In Camera" Committee of the Whole session to discuss a personnel matter." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by W. Casier "THAT the "In Camera" Committee of the Whole session be adjourned and the report from the Committee of the Whole be adopted." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. COUNCIL MINUTES 35 FEBRUARY 15, 1996 12. BY-LAWS 96-10 A by-law to create the position of Administrator and to appoint Donald W. MacLeod as Administrator Clerk and to amend By-laws 92-44 and 93-6 96-11 A by-law to appoint Lynn S. Buchner Treasurer and to amend By-law Nos. 95-10 and 93-6 96-12 A by-law to amend By-law No. 93-39 96-13 Confirming By-law Moved by J. Volkaert Seconded by J. Nezezon "THAT by-laws 96-10, 96-11 and 96-12 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Barclay "THAT by-laws 96-10, 96-11 and 96-12 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by W. Casier "THAT by-law 96-13 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Nezezon Seconded by J. Volkaert "THAT by-law 96-13 be taken as read a third time and fmally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT Moved by J. Nezezon Seconded by J. Volkaert "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously � LIP1 41/ fir REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVH,LE, ONTARIO MARCH 7, 1996 9:00 A.M. The regular meeting of the Council of the Township of Bayham was held at 9:00 a.m. on Thursday, March 7, 1996 in the Council Chambers. Present were, Reeve Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors, John E. Barclay, Wayne Casier, John Nezezon, Administrator Clerk Donald W. MacLeod, and Treasurer Lynn Buchner. 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 Reeve Chute made a disclosure of pecuniary interest and the general nature thereof with respect to item 6-1(b) Councillor Casier made a disclosure of pecuniary interest and the general nature thereof with respect to item 11-1(a) 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES (a) Minutes from the regular Council meeting held February 15, 1996. Moved by W. Casier Seconded by J. Volkaert "THAT the minutes of February 15, 1996 be adopted." Disposition: Motion Carried Unanimously 4, DELEGATIONS (a) 1:15 p.m. - Jack Petrie regarding agenda items 6-1(b), 6-1(c), 6-1(g) & 6-1(h). Jack Petrie appeared before Council to answer any questions regarding amendments to the Township Zoning By-law as described in items 6-1(b), 6-1(c), 6-1(g) & 6-1(h). With regards to the application submitted by Lloyd & Agina Bakker concerning Part Lots 14 & 15, Concession 10, Mr. Petrie gave a brief description of the property involved and the proposed changes. Deputy Reeve Volkaert inquired if the applicant owned other property in the Township. Mr. Petrie explained that the Baker's resided on property they own on Springer Hill Road. The application submitted by Neal Procunier concerning Part Lot 114, Concession 7 NTR was described as property fronting on County Road 46 with a surplus farm house that the owners wished to sever from the farm parcel. Mr. Petrie also explained that the person to acquire the house has resided there in excess of 20 years. The long-term plan of the applicant is that the owner occupied farm house will be retained as a retirement residence and an application will be submitted at a later date to sell off the farmland. The application for an amendment to the Township Zoning By-law concerning Part Lot 5, Concession 2 was submitted by Jack & Bonnie Abell. Mr. Petrie explained that the applicant is in the logging business and it was his intent to construct a saw mill on the premises for his own purposes. Mr. Petrie stated he had made a recommendation to the applicant that it would be wise to discuss the venture with neighbours to ensure that COUNCIL MINUTES 37 MARCH 7, 1996 any concerns they might have with regards to noise and air pollution would be properly dealt with. Reeve Chute asked Mr. Petrie if he felt the applicant would object to having a buffer zone applied to the property in question. Mr. Petrie stated that since there were very few residence within close proximity that he felt the Abell's would not object to it. Deputy Reeve Joe Volkaert asked the Administrator Clerk if a site plan could be established. The Administrator Clerk informed Council that a site plan must be established before third reading of the by-law if Council wished one to be implemented on this property. Mr. Petrie stated that the applicant was expecting to receive recommendations from the Township Chief Building Official with regards to the location of the saw mill. 5. INFORMATION ITEMS Moved by W. Casier Seconded by J. Nezezon "THAT Information Items 5(a) - 5(1) be received and filed." Disposition: Motion Carried Unanimously (a) Various news articles. (Received and Filed) (b) Long Point Region Conservation Authority circulation of minutes from a meeting held February 7, 1996. (Received and Filed) (c ) Union Gas correspondence regarding an increase in rental rates for water heaters. (Received and Filed) (d) Ontario Good Roads Association newsletter. (Received and Filed) (e) Long Point Region Conservation Authority correspondence regarding 1996 General Municipal Levy. (Received and Filed) (f) Association of Municipalities of Ontario correspondence regarding Bill 20. (Received and Filed) 6. PLANNING & DEVELOPMENT 1. CORRESPONDENCE & REPORTS (a) Romaine & Simone Borm application for an amendment to the Township Zoning By-law concerning Part Lot 1, Concession 4. "THAT the application of Romaine & Simone Bonn for an amendment to the Township Zoning By-law to change the zoning on Part Lot 1, Concession 4 from Agricultural (Al) to Rural Industrial (M2) to permit the severance of a parcel of land to be added to an existing Rural Industrial (M2) lot be accepted and forwarded to the Township planning consultant for by-law preparation." Disposition: Motion Carried Unanimously COUNCIL,MINUTES 38 MARCH 7, 1996 (b) D. Vane & Carol Chute application for an amendment to the Township Zoning By-law concerning Part Lot 25, Concession 3. Reeve Chute made a disclosure of pecuniary interest and the general nature thereof with respect to the application for an amendment to the Township Zoning By-law. Reeve Chute departed the Council Chambers and Deputy Reeve Volkaert assumed the Chair. Moved by J. Barclay Seconded by J. Volkaert "THAT the application of D. Vane & Carol Chute for an amendment to the Township Zoning By-law to change the zoning on Part Lot 25, Concession 3 from Agricultural (A1) to Rural Residential (RR) to permit the severance of a dwelling that is surplus to a farming operation be accepted and forwarded to the Township planning consultant for by-law preparation. Disposition: Motion Carried Unanimously (c) Lloyd & Agina Bakker application for an amendment to the Township Zoning By-law concerning Part Lots 14 & 15, Concession 10. Moved by W. Casier Seconded by J. Barclay "THAT the application of Lloyd & Agina Bakker for an amendment to the Township Zoning By-law to change the zoning on Part Lot 1.4 & 15, Concession 10 from Agricultural (Al) to Rural Residential (RR) to permit the severance of a dwelling that is surplus to a fanning operation be accepted and forwarded to the Township planning consultant for by-law preparation." Disposition: Motion Carried Unanimously (d) County of Elgin Land Division Committee notice of a public meeting regarding Application#E20/96 submitted by Fred & Susan Hermann concerning Part Lot 135, Concession 7 N.T.R. Moved by J. Volkaert Seconded by J. Barclay "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends approval of application E20196 subject the following conditions: 1. That the applicant make a $500 cash payment in lieu of parkland dedication to the Township. 2. That the subject land be rezoned so as to permit the intended use." Disposition: Motion Carried Unanimously COUNCIL MINUTES 39 MARCH 7, 1996 (e) County of Elgin Land Division Committee notice of a public meeting regarding Application#E21/96 submitted by Gundy Goutouski concerning Plan 54, Lots 6, 7, 8, 9, A. The Administrator Clerk briefed Council on the 1995 OMB hearing held with regard to an application for amendment to the Township Zoning By-law on this property. Councillor Nezezon expressed his concern with regards to the dangerous curve in the road fronting this property and the proximity of the laneway providing access to the property. The Administrator Clerk informed Council a development agreement could be established to specify the location of the laneway Moved by J. Barclay Seconded by J. Volkaert "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends approval of application E21196 subject the following conditions: 1. That the applicant make a $500 cash payment in lieu of parkland dedication to the Township. 2. That the applicant enter into a development agreement with the Township." Disposition; Motion Carried Unanimously (f) County of Elgin Land Division Committee notice of a public meeting regarding Application#E1O/96 (as amended) submitted by Frank & Dorothy Chilcott concerning Plan 97, Lots 15 and 16. The Administrator Clerk explained that this application was a resubmission with the following changes: (a) The garage is to be retained by the owner on the remaining parcel. (b) The parcel to be severed includes the part to be purchased from CN Rail. The Reeve asked if there was sufficient frontage on the parcels in question. The Administrator Clerk noted the frontage was approximately 42 meters and the minimum requirement for a Hamlet Residential lot is 22 meters. In reply to the Reeve's question the Administrator Clerk replied that CN Rail would be circulated for comment on this application. Councillor Casier asked if the setback for the garage was sufficient. After investigation of the Township Zoning By-law the Administrator Clerk discovered that the minimum setback for an accessory building is 1 meter and the building in this application satisfied this requirement. Moved by J. Volkaert Seconded by W. Casier "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends approval of application E10/96 subject the applicant making a $500 cash payment in lieu of parkland dedication to the Township." Disposition: Motion Carried Unanimously COUNCIL MINUTES 40 _ MARCH 7, 1996 (g) Neal Procunier application for an amendment to the Township Zoning By-law concerning Part Lot 114, Concession 7 N.T.R. Moved by J. Volkaert Seconded by W. Casier "THAT the application of Neal Procunier for an amendment to the Township Zoning By-law to change the zoning on Part Lot 114, Concession 7 N.T.R. from Agricultural (AI) to Rural Residential (RR) to permit the severance of a dwelling that is surplus to a farming operation be accepted and forwarded to the Township planning consultant for by-law preparation." Disposition: Motion Carried Unanimously (h) Jack & Bonnie Abell application for an amendment to the Township Zoning By-law concerning Part Lot 5, Concession 2. Moved by W. Casier Seconded by J. Barclay "THAT the application of Jack & Bonnie Abell for an amendment to the Township Zoning By-law to change the zoning on Part Lot 5, Concession 2 from Agricultural (A1) to Agricultural Special to add a saw milling operation as a permitted use be accepted and forwarded to the Township planning consultant for by-law preparation." Disposition: Motion Carried Unanimously (i) Request for information from Bayham Parks, Recreation and Community Centre Board concerning parking at the Bayham Community Centre. Councillor Casier reminded Council of the recommendation put forth by the Bayham Parks and Recreation Board late in the 1995 ball season with regard to parking in the vicinity of the rear baseball diamond. The recommendation was that the entrance off Chapel Street be closed and to create an entrance with access from Sandytown Road. This would allow a single row of cars to park at the far south boundary of the park. Deputy Reeve Volkaert stated that he strongly opposed parking in the park and that the issue should either be sent back to the Board for alternative solutions or Council should arrive at a decision on this matter. Councillor Nezezon stated that he would agree to parking on the grounds only if the parking area was properly fenced off. Councillor Nezezon continued by stating this would create unwanted high costs and restrict the playing field. The only other alternative Councillor Nezezon felt was viable was to not allow parking on the grounds and install a pedestrian entrance off Sandytown Road and to restrict motorcycles from entering. Reeve Chute voiced his agreement with Councillor Nezezon. Councillor Barclay stated that if the Lion's Club were not allowed to park on the grounds during their annual baseball tournament and a wedding takes place at the Community Centre on the same weekend that there is not sufficient space for all vehicles to park. As a solution to this matter, Councillor Barclay suggested allowing a special permit for certain occasions. Reeve Chute suggested that temporary fencing could be erected for the special permit occasions to separate the cars from pedestrians. Deputy Reeve Volkaert presented a motion to restrict all motorized vehicles from entering the park unless they were emergency vehicles or a special permit authorized by Council. Council agreed that special permits should be considered on an individual basis to allow specific restrictions to be applied and require liability insurance to be acquired by the host of the event. It was also decided that a pedestrian gate be constructed at the south end on the Sandytown Road side of the park and to permit parking along Sandytown Road on a trial basis without signage to prevent excessive use. COUNCIL MINUTES 41 MARCH 7, 1996 (j) Straffordville Lions Club request for a Special Occasion Permit at the Bayham Community Centre for a softball tournament to be held July 5, 6, and 7 and for a slo- pitch tournament to be held August 9 and 10. Moved by J. Volkaert Seconded by W. Casier "THAT the Council of the Township of Bayham has no objection to the issuance of a Special Occasion Permits to the Straffordville Lions Club for a softball tournament to be held July 5,6 and 7 and for a slo-pitch tournament to be held August 9 & 10." Dispositions Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 4. PUBLIC MEETINGS No meetings scheduled. 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE & REPORTS (a) Report from Drainage Superintendent regarding the possible use of a Drainage Commissioner. Moved by W. Casier Seconded by J. Nezezon "THAT report number 96.018 be deferred." Disposition;. Motion Carried Unanimously (b) Report from Administrator Clerk regarding a Load Limit By-law Moved by J. Nezezon Seconded by J. Volkaert "THAT report number 96.017, as amended from the Administrator Clerk with respect to a load limit by-law be adopted." Disposition: Motion Carried Unanimously COUNCIL MINUTES 42 MARCH 7, 1996 (c) Dairy Farmers of Ontario correspondence regarding a request to travel Township roads that are under load limit restrictions. Councillor Casier asked if these trucks were on the road on a daily or a less periodic basis. The correspondence did not clarify the frequency of use. Councillor Nezezon pointed out that Bayham has very few dairy farmers with whom this would apply to. The Administrator Clerk stated that Council has authority under the Highway Traffic Act to grant exemptions to particular vehicles for a specified time. Councillor Casier asked the Administrator Clerk if this could be left to the discretion of the Road Superintendent. The Administrator Clerk confirmed that Council could delegate the authority to the Road Superintendent to issue permits at his discretion. With Council's approval Reeve Chute recommended the Administrator Clerk compile a by-law to address with these issues. Moved by J. Nezezon Seconded by J. Barclay "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (d) Ministry of Transportation correspondence regarding 1996 Municipal Truck Roadeo. Moved by J. Nezezon Seconded by J. Barclay "THAT Ed Bradfield and Paul McQuiggan be authorized to attend the Ministry of Transportation Safety Truck Roadeo." Disposition: Motion Carried Unanimously (e) Local Agricultural Employment Board correspondence regarding a pilot project for an Agricultural & Rural Employment Agency. Moved by J. Nezezon Seconded by J. Volkaert "THAT Human Resources Development Canada be advised the Council of the Township of Bayham support the Agricultural and Rural Employment Agency (ARE) submission to service Elgin-Norfolk, Oxford and Middlesex Counties." Disposition: Motion Carried Unanimously (t) Copy of correspondence to the Ministry of Transportation regarding 1995 Final Submission for Road Subsidy Payment. Moved by J. Nezezon Seconded by W. Casier "THAT the Treasurer be authorized to submit the 1995 Final Submission for Road Subsidy Payment." Disposition: Motion Carried Unanimously COUNCIL MINUTES 43 MARCH 7, 1996 2. UNFINISHED BUSINESS (a) County of Elgin correspondence regarding County of Elgin Road Department Emergency Plan. (February 15, 1996) Reeve Chute asked if the Administrator Clerk had conferred with the Township's Insurer regarding the risk or exposure to liability in the event of our Township's Road Department providing support to the County in an emergency. The Administrator Clerk commented that the Insurer suggested that both parties could ask each other for a hold harmless clause but it is not often done in practice since it is merely a reciprocating agreement. Council agreed to support the request from the County for assistance during an emergency situation. Moved by J. Volkaert Seconded by J. Barclay "THAT the County of Elgin be advised the Township of Bayham agrees to provide assistance to the County Road Department in the event of an emergency situation (i.e., flood, excessive snowfall, etc.); AND THAT it is understood the County of Elgin Road Department will provide reciprocal services to the Township of Bayham in the event of an emergency situation (i.e., flood, excessive snowfall, etc.)" Disposition: Motion Carried Unanimously 3. OTHER BUSINESS No items. 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE &REPORTS (a) Report from Chief Building Official concerning building permits issued for the month ending February 29, 1996. Moved by J. Nezezon Seconded by J. Volkaert "THAT the building permits for the month of February, 1996 be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. COUNCIL MINUTES 44 MARCH 7, 1996 3. OTHER BUSINESS (a) Councillor Casier expressed his dissatisfaction with the delays in completion of the Township Office renovations. He suggested that the Contractor be given a deadline of March 28th to finalize all deficiencies and work or hire other trade workers to complete the job and deduct the costs of such from the contractor's holdback. Council agreed that Spriet Associates, the Township Engineer for this project, should be notified to inform the Contractor, Hendricks Construction, of the deadline of March 28th to complete all outstanding work and deficiencies. Moved by W. Casier Seconded by J. Barclay "THAT Spriet Associates be instructed to commence proceedings to finalize construction of the Township Office; AND THAT Spriet Associates be instructed to advise Hendricks Construction that if all outstanding work is not completed by March 28, 1996, other arrangements shall be made to complete all deficiencies; AND THAT such repairs shall be deducted from the holdback and other monies still owing on the project." Disposition: Motion Carried Unanimously 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE &REPORTS (a) Municipal Finance Officers' Association correspondence requesting support of a resolution concerning Equal Treatment of Contributions Under OMERS Early Retirement Plans - Type 7. Moved by W. Casier Seconded by J. Barclay "THAT the correspondence be deferred." Disposition: Motion Carried Unanimously (b) Village of West Lorne correspondence requesting support of a resolution concerning a call to eliminate the dual school board system in Ontario and merge the public and separate school boards. Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 45 MARCH 7, 1996 (c) Report from the Treasurer regarding results of the February tax instalment. Moved by J. Volkaert Seconded by J. Nezezon "THAT report number 96.020 from the Treasurer be received and filed." Disposition: Motion Carried Unanimously (d) Report from the Treasurer regarding request from the Ontario Sports & Recreation Centre to conduct a media bingo lottery in Bayham Township. It was the general consensus of Council that the Ontario Sports & Recreation Centre, whose head office is located in North York, would not provide much benefit to the Township. It was felt that the funds generated through sales of this lottery within the Township would be used to benefit other municipalities and it was in the Township's best interest to oppose this request and attempt to encourage local inhabitants to support local organizations. Moved by W. Casier Seconded by J. Barclay "THAT the correspondence be received and filed and that the Ontario Sports & Recreation Centre be so advised." Disposition: Motion Carried (e) Report from the Treasurer regarding the status of tax arrears. Moved by J. Nezezon Seconded by W. Casier "THAT report number 96.022 from the Treasurer be received and filed." Disppsitiont Motion Carried Unanimously (f) Cheque register for the period ending February 23, 1996 and a cash requirements report of accounts for the period ending March 6, 1996. Moved by W. Casier Seconded by J. Volkaert "THAT the Cash Requirements Report for accounts for the period ending March 6, 1996, be approved for payment." AND THAT the Cheque Register of cheques issued for the period ending February 23, 1996, be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. COUNCIL MINUTES 46 MARCH 7, 1996 3. OTHER BUSINESS No items. 10. ENVIRONMENT 1. CORRESPONDENCE &REPORTS (a) Copy of correspondence from the County of Oxford to the Long Point Region Conservation Authority concerning a resolution requesting the Authority to reduce costs. Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be received and filed.'' Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 11. COMMITTEE OF THE WHOLE Moved by J. Volkaert Seconded by J. Barclay "THAT Council do now rise to enter into an "In Camera" Committee of the Whole session to discuss two matters of property acquisition and one personnel matter." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE & REPORTS Councillor Casier made a disclosure of pecuniary interest and the general nature thereof with respect to a proposed land purchase and departed the Council Chambers (a) Correspondence concerning a proposed land purchase. (b) Correspondence concerning a proposed land purchase. (c) Report from Administrator Clerk concerning a personnel matter. 2. UNFINISHED BUSINESS No items. COUNCIL MINUTES 47 MARCH 7, 1996 3. OTHER BUSINESS No items. 4. ADJOURNMENT Moved by W. Casier Seconded by J. Barclay "THAT the "In Camera" Committee of the Whole session be adjourned and the report from the Committee of the Whole be adopted." Disposition: Motion Carried Unanimously 12. BY-LAWS 96-15 A by-law to designate the date on which a reduced load period shall start and end 96-16 A by-law to authorize the Reeve and Administrator Clerk to enter into a Site Plan Control Agreement with Servant Retreat and Training Centre Inc. concerning Part Lots 117 & 118, Concession 7 N.T.R. 96-17 A by-law to authorize the Reeve and Administrator Clerk to enter into a development agreement with George and Margaret Gilvesy concerning Part Lot 22, Concession 8 96-18 A by-law to appoint Robert Bartlett as Road Superintendent 96-19 Confirming By-law Moved by W. Casier Seconded by J. Barclay "THAT by-laws 96-15, 96-16, 96-17 and 96-18 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by W. Casier "THAT by-laws 96-15, 96-16, 96-17 and 96-18 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Volkaert "THAT by-law 96-19 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Nezezon Seconded by W. Casier "THAT by-law 96-19 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 48 MARCH 7, 1996 13. ADJOURNMENT Moved by J. Nezezon Seconded by W. Casier "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously di() /4 REEVE ADMINISTRATOR CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO MARCH 21, 1996 7:00 P.M. The regular meeting of the Council of the Township of Bayham was held at 7:00 p.m. on Thursday, March 21, 1996 in the Council Chambers. Present were,Reeve Vane Chute,Deputy Reeve Joe Volkaert Sr., Councillors,John E.Barclay,Wayne Casier, John Nezezon, Administrator Clerk Donald W. MacLeod, Chief Building Official Dwayne Daniel and Treasurer Lynn Buchner. 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 made a disclosure of pecuniary interest and the general nature thereof. 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES (a) Minutes from the regular Council meeting held March 7, 1996. Moved by J.Barclay Seconded by J.Volkaert "THAT the minutes of March 7, 1996,be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:05 p.m. - Chief Building Official,Dwayne Daniel, regarding agenda item 7-2(a). Dwayne Daniel, Chief Building Official appeared before Council to discuss the possible use of a Drainage Commissioner. The CBO explained that the time a Drainage Commissioner spends on drain repairs or construction can be recovered by charging this cost to the benefitting landowner. He advised Council the time spent by the Drainage Superintendent is not recoverable. He also suggested that the Commissioner could make use of the Township backhoe or a Township dump truck to haul stone which would provide use for idle equipment and eliminate the need to contract out services. Councillor Casier asked the CBO how much time a Commissioner's services would be required. The CBO explained that the concentration of the work load would occur in the early spring,before planting crops and again in the late fall, after crops have been harvested. Reeve Chute inquired whether the Road Superintendent had been consulted with regards to the proposals of use of equipment and staff for the work of the Commissioner. The Administrator Clerk confirmed that the Road Superintendent was consulted and was in favour. The Administrator Clerk also suggested that Council could consider hiring a student possibly from Ridgetown Agricultural College who may have some knowledge or experience in the area. He also elaborated by explaining there would be a cost savings in hiring a student. Councillor Nezezon expressed his concern that the timing of the need for a Commissioner conflicted with the busy time for the Road Department. Deputy Reeve Volkaert agreed with Councillor Nezezon's point. Reeve Chute asked the Drain Superintendent to keep track of the time a Drainage Commissioner could be utilized over this spring to determine the cost benefit that could be realized if a Commissioner were hired. Reeve Chute suggested one of the Road Department employees be used on a trial basis for one year. Council agreed with this recommendation. COUNCIL MINUTES 50 MARCH 21, 1996 (b) 8:15 p.m. - Servant Retreat and Training Centre Inc. (Third reading of By-law No. 347/95) The Administrator Clerk briefed Council on the Zoning By-law Amendment application submitted by Servant Retreat and Training Centre Inc. He continued to explain the options available and those taken by Council with regard to the proposed site plan agreement. Deputy Reeve Volkaert asked the Administrator Clerk if circulating letters to area residents had been registered. The Administrator responded negatively since this mailing was strictly discretionary and they felt only those neighbours voicing reservations in the past with regards to the application need be informed. Mr.Friesen, an adjacent landowner to the subject property was present to address Council. Mr. Friesen asked Council who was to enforce the site plan control agreement. Reeve Chute explained to Mr.Friesen that the Township By-law Enforcement Officer would handle any infractions of the by-law.Deputy Reeve Volkaert directed a question to Gary Beauchesne, owner of the Servant Retreat and Training Centre Inc. with regards to his satisfaction of the proposed site plan agreement. Mr.Beauchesne expressed his approval with the agreement. The Administrator Clerk explained the 20 day appeal period to the applicant which would commence upon third reading of the by-law if this were to take place at today's meeting. 5. INFORMATION ITEMS Moved by W. Casier Seconded by J.Barclay "'THAT Information Items 5(a)-5(d) be received and filed." Disposition: Motion Carried Unanimously (a) Ministry of Municipal Affairs and housing correspondence regarding Bill 26. (Received and Filed) (b) The Tobacco File Newsletter. (Received and Filed) (c) Village of Dutton correspondence regarding municipal restructuring/amalgamations. (Received and Filed) (d) Elgin County Board of Education correspondence concerning a proposal for a Four-Day School Week. (Received and Filed) 6. PLANNING&DEVELOPMENT 1. CORRESPONDENCE&REPORTS (a) George&Margaret Gilvesy application for an amendment to the Township Zoning By-law concerning Part Lot 22, Concession 8. Moved by J.Volkaert Seconded by J.Nezezon "THAT the application of George &Margaret Gilvesy for an amendment to the Township Zoning By-law to change the zoning on Part Lot 22, Concession 8 from Future Development to Hamlet Residential(HR)to permit the creation of 5 Hamlet Residential building lots be accepted and forwarded to the Township planning consultant for by-law preparation. Disposition: Motion Carried Unanimously COUNCIL MINUTES 51 MARCH 21, 1996 (b) Town of Aylmer correspondence regarding Aylmer Area Community Foundation. Moved by J.Nezezon Seconded by J.Volkaert "THAT the Aylmer Area Community Foundation be advised the Council of the Township of Bayham hereby appoints the position of Deputy Reeve as the alternate for the Township Reeve as member of the Nominating Committee for the Aylmer Area Community Foundation." Disposition: Motion Carried Unanimously (c) Jacob&Elizabeth Dyck re-application for an amendment to the Township Zoning By-law concerning Part Lot 14, Concession 10. The Administrator Clerk briefed Council on this re-application which was originally presented to Council and turned down. He explained the basis of Council's decision was that the property did not, in Council's opinion, fit the definition of an infill situation as the adjacent thirty acre property constituted viable farm land. Lisa Nevill, agent for the applicant, addressed Council and stated that Scott Oliver of the Ministry of Agricultural, Food and Rural Affairs had reviewed the proposal and supported it. Moved by J. Volkaert Seconded by J. Barclay "THAT the application of Jacob &Elizabeth Dyck for an amendment to the Township Zoning By-law be refused as the proposal does not conform to the Township Official Plan and Zoning By-law. Disposition; Motion Defeated Moved by W. Casier Seconded by J. Barclay "THAT the application of Jacob &Elizabeth Dyck for an amendment to the Township Zoning By-law to change the zoning on Part Lot 14, Concession 10,from Agricultural to Rural Residential be accepted and forwarded to the Township planning consultant for by-law preparation." Disposition: Motion Carried 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 4. PUBLIC MEETINGS Moved by J. Volkaert 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 COUNCIL MINUTES 52 MARCH 21, 1996 1. Call to Order Reeve Chute called the public meeting to order at 7:35 p.m. and advised Council the purpose of the meeting was to receive public input on three applications for amendments to the Township Zoning By-law. 2. Disclosure of pecuniary interest and the general nature thereof No member of Council made a disclosure of pecuniary interest and the general nature thereof. 3. Applications (a) An application submitted by DeCloet Ltd.for an amendment to the Township Zoning By-law to change the zoning on Part Lot 22 &23, Concession 9, from Agricultural(Al)to Special Rural Industrial(M2-5)to permit the severance of two parcels of land to be added to an existing industrial operation. i) Stiff Report The Administrator Clerk reviewed the application with Council noting that the applicant had submitted an application to the County of Elgin Land Division Committee for this proposal. u) Presentation by Applicant Paul DeCloet was present and addressed Council with a reminder that this application was presented before Council in August of 1995 with no objection from Council at that time. iii) Public Comments No member of the public appeared to comment on the application. The Elgin- St. Thomas Health Unit replied with no objection to the proposed zoning by-law amendment. The Long Point Region Conservation Authority replied with no comment. The Administrator Clerk also read correspondence received from the Ministry of Transportation which explained the current OPSEU strike prevented the Ministry from commenting on any application received on or after February 23, 1996 but wished to reserve the right to comment once the labour dispute is resolved. iv) Council Questions and Comments Reeve Chute questioned the Administrator Clerk with regards to the non-committal response of MTO. The Administrator Clerk stated that the application process could continue and if MTO had any reservations that an appeal could be submitted. (b) An application submitted by Douglas and Carolyn Dennis for an amendment to the Township Zoning By-law to change the zoning on Part Lot 6, Concession 3, from Agricultural(Al)to Rural Residential(RR) to permit the creation of a retirement lot. i) Staff Report The Administrator Clerk presented Council with a brief description of the application noting that the applicant wished to create a retirement lot at the corner of Vienna Line and Woodworth Road. ii) Presentation by Applicant Jack Petrie, agent of the applicant was present and made himself available to Council to answer any questions with regard to the application. Public Comment No member of the public appeared to comment on the application. The Elgin-St. Thomas Health Unit stated no objection to the proposed zoning by-law amendment as long as the applicant provides a site plan to the Health Unit showing the results of a soil cut and a soil percolation test and an area of land of sufficient size to contain a leaching bed(designed to serve a three bedroom house)and an adjacent area of equal size for replacement of the COUNCIL MINUTES 53 MARCH 21, 1996 leaching bed. The Long Point Region Conservation Authority replied with no comment iv) Council Questions and Comments There were no questions or comments raised by Council. (c) An application submitted by Fred and Susan Hermann for an amendment to the Township Zoning By-law to change the zoning on Part Lot 135, Concession 7 N.T.R., from Agricultural(Al)to Rural Residential(RR) to permit severance of a dwelling surplus to a farming operation. i) Staff Report The Administrator Clerk presented Council with a brief description of the proposal. He advised Council the Ministry of Agriculture, Food and Rural Affairs had provided a Minimum Distance Separation formula calculation with respect to the agricultural operation to the east of the subject property. ii) Presentation by Applicant There was no presentation made by the applicant. iii) Public Comments No member of the public appeared to comment on the application. The Elgin- St. Thomas Health Unit replied that the applicant would have to provide a site plan showing the results of a soil cut and a soil percolation test and showing the location and components of the existing sewage system and water supply and that there is a level land area of sufficient size to contain a contingency area for the eventual replacement of the existing sewage system. The Long Point Region Conservation Authority replied with no comment. iv) Council Questions and Comments There were no questions or comments raised by Council. 4. Adjournment Moved by J.Nezezon Seconded by J.Volkaert "THAT the public meeting be adjourned." Disposition: Motion Carried Unanimously 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Report from Road Superintendent regarding Road Department activities for the period ending March 18, 1996. Items for Council's Consideration 1. In order to use Truck#8 (brine truck)more as a dump truck this summer the hoist needs to be resealed. Wiltsie Truck Bodies in Aylmer was called for a price for this and advised it usually costs between$500 to $1000. They can't put an exact price on this until they see what is needed. Councillor Nezezon suggested that the hoist be operated approximately five or six times and then test for the leak to see if repairs are still required. 2. Sunrise Auctions advised the Township they will sell the bucket truck on consignment for a fee of 10%. In the interim the truck will be parked in front of the garage to see if there is any interest. COUNCIL MINUTES 54 MARCH 21, 1996 Council agreed to allow the bucket truck and the 1979 Ford to parked in the Township yard and offered for sale. If this is not successful within three or four weeks the vehicles are to be taken to Sunrise Auctions to be sold on consignment. 3. The Township was approached by the Board of Directors from the Straffordville United Church with a request to improve the sidewalk before they bring their wheelchair ramp down to the street. Peters Paving has been asked to provide a quote for using asphalt as a sidewalk and paving solid to the street pavement. In response to the request from the Straffordville United Church Board of Directors to improve the sidewalk before their wheelchair ramp is installed,the Road Superintendent acquired a quote from Peter's paving. The estimate was based on a 20' wide by 113' long asphalt area with an approximate cost of $2,700. Council agreed that this would be reviewed in conjunction with the assessment of the Township's sidewalk improvement program to take place in the near future. 4. As noted above the loader could possibly be in need of repair. Case has provided a quote for Council's consideration. In response to the recommended repairs to the Case loader and the results of the investigation carried out by the Road Superintendent concerning these repairs, Council decided to forego the repairs at this time since they were recommended by only one source and not justified. Moved by J.Volkaert Seconded by W. Casier "THAT report 96.023 from the Road Superintendent be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Report from Drainage Superintendent regarding the possible use of a Drainage Commissioner. (March 7, 1996) Moved by J.Volkaert Seconded by J.Barclay "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS Councillor Casier brought to Council's attention the current condition of the Community Centre parking lot. He suggested that the parking area is in need of additional gravel. Reeve Chute asked for Council's suggestion on a maximum dollar value to be placed on the proposed project. Deputy Reeve Volkaert offered a suggestion of$3,000. Council then requested the Road Superintendent to obtain a quote for Council's consideration. S. PROPERTY,BUILDING&PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Report from Administrator Clerk regarding police service restructuring. Reeve Chute requested the Administrator Clerk to contact the Solicitor General to arrange a meeting to discuss the options available to Bayham Township with regards to police service restructuring. Council agreed that time should be spent on investigating all options before COUNCIL MINUTES 55 MARCH 21, 1996 making a commitment on the provision of police services to the Township. The Administrator Clerk suggested sending copies of the letter to those parties who have currently indicated an interest in providing police services to the Township. Moved by J. Volkaert Seconded by J. Barclay "WHEREAS the Government of Ontario has advised municipalities that significant changes are forthcoming with respect to the delivery of police services and the concept of equitable funding; AND WHEREAS the Council of the Township of Bayham deems it necessary and advisable to investigate all options for providing an acceptable level of police service to the residents of Bayham Township; AND WHEREAS there has been an expression of interest from area municipalities for exploring the establishment of an inter municipal police service; AND WHEREAS directives from the Province with respect to the restructuring of police services in the Province could have a significant impact on the services provided by an inter municipal police service. THEREFORE BE IT RESOLVED the Council of the Township of Bayham requests a meeting with representatives from the Ministry of the Solicitor General and Correctional Services to address the provision of police services for area municipalities and the impact proposed Provincial initiatives would have on an area police force; AND THAT copies of this resolution be forwarded to the Towns of Tillsonburg and Aylmer and those municipalities currently receiving police services from the Tillsonburg Ontario Provincial Police Detachment." Disposition: Motion Carried Unanimously (b) Village of Port Burwell correspondence regarding police service restructuring. Moved by J. Barclay Seconded by J. Volkaert "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS International Building Awareness Week Dwayne Daniel, Chief Building Official brought to Council's attention that April 7 to April 13, 1996 has been designated as International Building Awareness Week He requested Council's permission to distribute literature, display posters and meet with area schools to educate and promoted building safety. Council agreed to grant the Chief Building Official authority to carry out these tasks to promote building safety within the Township. COUNCIL MINUTES 56 MARCH 21, 1996 Sidewalks Deputy Reeve Volkaert informed Council of his interest in assisting the Chief Building Official in assessing the sidewalks within the Township for those in need of repair. He expressed his concern to have sidewalks repaired to a safe standard even if it required using funds currently held in reserve. The Treasurer suggested that the Eden Improvement Reserve Fund could be used to improve the sidewalks within the hamlet of Eden. Reeve Chute suggested that Deputy Reeve Volkaert and the CBO could provide Council with a video of the Township's sidewalks and Council could collectively view the video and decide on a two or three year prioritised plan to carry out the repairs. Deputy Reeve Volkaert suggested that a map indicating measurements would provide a more accurate approach to determining the cost and priority setting of the projects. Council agreed to allow the CEO and Deputy Reeve Volkaert to physically review the sidewalks in the Township and provide a report for Council's consideration. 9. FINANCE,ADMINISTRATION&PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Village of Port Burwell correspondence requesting financial assistance for dredging of Big Otter Creek. Moved by J.Volkaert Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (b) Copy of correspondence from the Village of Port Burwell to the Town of Tillsonburg requesting support of a resolution concerning the abandoned CP Rail right-of-way. Moved by J.Volkaert Seconded by J. Barclay "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (c) Cash requirements report of accounts for the period ending March 19, 1996,and a cheque register for the period ending March 15, 1996. Moved by J. Barclay Seconded by J. Volkaert "THAT the Cash Requirements Report for accounts for the period ending March 19, 1996,be approved for payment." AND THAT the Cheque Register of cheques issued for the period ending March 15, 1996, be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Municipal Finance Officers'Association correspondence requesting support of a resolution concerning Equal Treatment of Contributions Under OMERS Early Retirement Plans - Type 7. (March 7, 1996) COUNCIL MINUTES 57 MARCH 21, 1996 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 111E WHOLE Moved by J.Barclay Seconded by J.Volkaert "THAT Council do now rise to enter into an "In Camera" Committee of the Whole session to discuss a matter of security of the municipality." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE&REPORTS No items. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. Moved by J.Barclay Seconded by J.Volkaert "THAT the Committee of the Whole do now rise from the "In Camera" session without reporting." Disposition: Motion Carried Unanimously COUNCIL MINUTES 58 MARCH 21, 1996 12. BY-LAWS 96-20 A by-law to delegate the issuing of permits under Section 110 of the Highway Traffic Act to the Township's Road Superintendent. Z343/95 A by-law to amend By-law No. 2387 (Servant Retreat and Training Centre Inc.) Z351/96 A by-law to amend By-law No. 2387 (Douglas &Carolyn Dennis) Z352/96 A by-law to amend By-law No. 2387 (DeCloet Ltd.) Z353/96 A by-law to amend By-law No. 2387 (Fred& Susan Hermann) 96-21 Confirming By-law Moved by J.Vollcaert Seconded by W. Casier "THAT by-law Z343-95 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by J.Barclay Seconded by J.Nezezon "THAT by-laws 96-20,Z351-96 and Z353-96 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J.Nezezon Seconded by J.Volkaert "THAT by-law 96-20,Z351-96,Z352-96 and Z353-96 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by W.Casier Seconded by J.Nezezon "THAT by-law 96-21 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J.Volkaert Seconded by J. Barclay "THAT by-law 96-21 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 59 MARCH 21, 1996 13. ADJOURNMENT Moved by J. Barclay Seconded by J. Volkaert "THAT the Council Meeting be adjourned." Disposition: Motion Carried Unanimously tor ' REEVE I I I STRATOR CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O.BOX 160 STRAFFORDVILLE,ONTARIO APRIL 4, 1996 9:00 A.M. The regular meeting of the Council of the Township of Bayham was held at 9:00. on Thursday, April 4, 1996 in the Council Chambers. Present were,Reeve Vane Chute,Deputy Reeve Joe Volkaert Sr., Councillors,John E.Barclay, Wayne Casier,John Nezezon,Administrator Clerk Donald W.MacLeod, Chief Building Official Dwayne Daniel and Treasurer Lynn Buchner. 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 Reeve Chute made a disclosure of pecuniary interest and the general nature thereof with respect to item 6-4(e). No other member of Council made a disclosure of pecuniary interest and the general nature thereof 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES (a) Minutes from the regular Council meeting held March 21, 1996. Moved by J. Nezezon Seconded by W. Casier "THAT the minutes of March 21, 1996, be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 9:15 a.m. - Road Naming By-law. Shirley Biro was present before Council to express concern of the name Smuck Line. Mrs Biro presented correspondence that was supported by several neighbours. The residents suggested that the name be changed to Jackson Line or something that would not be subject to ridicule as they felt the proposed name would be. Council was in agreement to change the proposed road name to Jackson Line. (b) 10:00 a.m. - Public Meetings (c) 11:30 a.m. - Bryce Sibbick and Gerry Taylor to review the Township's comprehensive insurance coverage. (Agenda item 9-1(c)) (d) 2:00 p.m. - StraffordvillefEden Environmental Study Report Liaison Committee Meeting. COUNCIL MINUTES -61 - April 4, 1996 5. INFORMATION ITEMS Moved by J. Barclay Seconded by J. Nezezon "THAT Information Items 5(a) and 5(b) be received and filed." Disposition: Motion Carried Unanimously (a) Long Point Region Conservation Authority circulation of minutes from the annual meeting held February 28, 1996. (Received and Filed) (b) Copy of correspondence from the Township of Malahide to the Village of Port Burwell regarding rural policing. (Received and Filed) 6. PLANNING & DEVELOPMENT 1. CORRESPONDENCE &REPORTS (a) Ministry of Municipal Affairs and Housing correspondence regarding proposed changes to the planning process. Moved by J. Nezezon Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (b) Cumming Cockburn Limited correspondence regarding a proposed subdivision in the hamlet of Calton. Moved by J. Volkaert Seconded by J. Nezezon "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (c) Ontario Heritage Foundation correspondence regarding the Heritage Community Recognition Program. Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be deferred." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. COUNCIL MINUTES - 62 - April 4, 1996 3. OTHER BUSINESS No items. 4. PUBLIC MEETINGS Moved by J. Volkaert 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 1. Call to Order Reeve Chute called the meeting to order at 10:00 a.m. 2. Disclosure of pecuniary interest and the general nature thereof Reeve Chute made a disclosure of pecuniary interest and the general nature thereof with respect to item 6-4(e). 3. Applications (a) An application submitted by Romaine & Simone Borm for an amendment to the Township Zoning By-law to change the zoning on Part Lot 1, Concession 4, from Agricultural (Al) to Rural Industrial (M2) to permit the severance of a parcel of land to be added to an existing industrial operation. I) Staff Report The Administrator Clerk reviewed the application with Council noting that the applicant was proposing to change the zoning on a parcel of land comprising approximately 0.8 hectares. The effect of the application would be to permit the severance of the parcel that would then be added to an existing industrial tool and die operation. ii) Presentation by Applicant The applicant was present but did not address Council. iii) Public Comments No member of the public appeared to comment on the application. The Long Point Region Conservation Authority replied with no comment. This was the only comment received from any of the agencies or ministries circulated. iv) Council Questions and Comments There were no questions from any member of Council. (b) An application submitted by Neil Procunier for an amendment to the Township Zoning By-law to change the zoning on Part Lot 114, Concession 7 N.T.R., from Agricultural (Al) to Rural Residential (RR) to permit the severance of a dwelling that is surplus to a farming operation. COUNCIL MINUTES - 63 - April 4, 1996 1) Staff Report The Administrator Clerk reviewed the application with Council. The purpose of the application is to change the zoning on a parcel of land comprising approximately 0.4 hectares from Agricultural (AI) to Rural Residential (RR) to permit the severance of a dwelling that is surplus to a farming operation. The remnant faun parcel would still retain one dwelling that would be occupied by the applicant. ii) Presentation by Applicant Mr.Jack Petrie, agent for the applicant,was present but did not address Council. iii) Public Comments No member of the public appeared to comment on the application. The Long Point Region Conservation Authority replied with no comment. This was the only comment received from any of the agencies or ministries circulated. iv) Council Questions and Comments There were no questions from any member of Council. (c ) An application submitted by Jack and Bonnie Abell for an amendment to the Township Zoning By-law to change the zoning on Part Lot 5, Concession 2, from Agricultural (Al) to Special Agricultural to permit establishment of a saw milling operation. i) Staff Report The Administrator Clerk reviewed the application with Council. It was noted that the purpose of the application is to add saw milling as a permitted use throng, a Special Agricultural Zone on a parcel of land comprising approximately 20 hectares. ii) Presentation by Applicant Mr. Jack Petrie,agent for the applicant, was present. Mr.Petrie informed Council the applicant was presently storing logs on the subject property and wished to establish a saw mill on site. iii) Public Comments Bob Cerra, a neighbour of Mr.Abell was present to voice several concerns over the proposal. He noted there were many children on the road and feared the speed limit on Vienna Road was too high. He also expressed concern the road width was not sufficient for the volume of truck traffic. Deputy Reeve Volkaert noted the road had recently been reconstructed and was of adequate width. He did agree with Mr. Cerra that the speed limit on the road should be reviewed. No other member of the public commented on the application. The Long Point Region Conservation Authority replied with no comment. This was the only comment received from any of the agencies or ministries circulated. iv) Council Questions and Comments In reply to Reeve Chute's question the Administrator Clerk confirmed this proposal could be subject to site plan control for the location of the saw mill and for constructing a proper entrance. Council agreed that the zoning by-law should be subject to site plan control. (d) An application submitted by Lloyd and Agina Bakker for an amendment to the Township Zoning By-law to change the zoning on Part Lot 15, Concession 10, from Agricultural (Al) to Rural Residential (RR) to permit the severance of a dwelling that is surplus to a farming operation. i) Staff Report The Administrator Clerk reviewed the application with Council. The purpose of the application is to change the zoning on a parcel of land comprising approximately 1.2 hectares from Agricultural (Al) to Rural Residential (RR) to permit the severance of a dwelling that is surplus to a farming operation. The applicant owns another farm in the Township that would have a house as part of a farm operation. COUNCIL MINUTES - 64 - April 4, 1996 ii) Presentation by Applicant Mr. Jack Petrie, agent for the applicant,was present but did not address Council. iii) Public Comments Corresponsdence was received from area residents(K. Danbrook, G. Peaker, H.Reimer&A. Wittet)espressing concern regarding the status of municipal drains and that another house could be built on the farmland remaining. No member of the public appeared to comment on the application. The Long Point Region Conservation Authority replied with no comment. This was the only comment received from any of the agencies or ministries circulated. iv) Council Questions and Comments There were no questions from any member of Council. (e) An application submitted by Vane and Carol Chute for an amendment to the Township Zoning By-law to change the zoning on Part Lot 25, Concession 3, from Agricultural (Al) to Rural Residential (RR) to permit the severance of a dwelling that is surplus to a farming operation. Reeve Chute vacated the Council chamber and Deputy Reeve Volkaert assumed the chair. i) Staff Report The Administrator Clerk reviewed the application with Council. The purpose of the application is to change the zoning on a parcel of land comprising approximately 0.4 hectares from Agricultural (Al) to Rural Residential (RR) to permit the severance of a dwelling that is surplus to a farming operation. The applicant would retain a dwelling on an existing farm operation. ii) Presentation by Applicant Mr.Jack Petrie, agent for the applicant,was present but did not address Council. iii) Public Comments Pierre Crevits appeared to comment on the application. The Long Point Region Conservation Authority replied with no comment. This was the only comment received from any of the agencies or ministries circulated. iv) Council Questions and Comments In response to the concerns raised by the public it was agreed that the kilns and the greenhouse foundation would have to be removed. 4. Adjournment Moved by J. Nezezon Seconded by J. Volkaert "THAT the public meeting he adjourned." Disposition: Motion Carried Unanimously 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE &REPORTS No items. 2. UNFINISHED BUSINESS No items. COUNCIL MINUTES - 65 - April 4, 1996 3. OTHER BUSINESS No items. 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE & REPORTS (a) County of Elgin correspondence regarding enforcement of County no parking by-law. Reeve Chute explained that this proposal would provide an opportunity for the Township to impose parking restrictions on County Roads within the Township boundaries. He elaborated by stating that the County was simply asking the Township to enforce any restrictions that they wished to place on the subject roads. Councillor Nezezon inquired if the Township would have authority to designate future parking restrictions. Reeve Chute responded by stating that the Township would be able to impose future restrictions under certain guidelines. Council agreed to enter into the parking by-law agreement with the County. Moved by J. Volkaert Seconded by J. Barclay "THAT the Reeve and Administrator Clerk be authorized to enter into an agreement with the County of Elgin for the enforcement of County of Elgin By-law 90-48 (Parking By-law) by the Township of By-law Enforcement Officer. Disposition: Motion Carried Unanimously (b) Report from Chief Building Official regarding building permits issued for the period ending March 31, 1996. Moved by J. Nezezon Seconded by J. Volkaert "THAT the building permits for the month of March, 1996 be approved." Disposition: Motion Carried Unanimously (c) Lorraine Moore correspondence regarding winter maintenance of sidewalks in Straffordville. Moved by J. Nezezon Seconded by J. Volkaert "THAT the Administrator Clerk be instructed to prepare a report regarding the Township's policy for sidewalk snow removal in the hamlet areas of the Township." Disposition: Motion Carried Unanimously (d) Request to temporarily park a house trailer on the property owned by Elwood Morrison. Moved by J. Volkaert Seconded by W. Casier COUNCIL MINUTES - 66 - April 4, 1996 "THAT the report be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE & REPORTS (a) Port Burwell Baseball Association correspondence requesting financial assistance. Moved by J. Barclay Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (b) Village of Blyth correspondence regarding a proposal to discontinue collection of education taxes. Moved by J. Barclay Seconded by J. Volkaert "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (c) Frank Cowan Company Ltd. correspondence regarding the Township's comprehensive insurance coverage. Bryce Sibbick of Frank Cowan Company Ltd, Gerald and Joel Taylor of Taylor &Allin Insurance Brokers Limited, appeared before Council to present the 1996 comprehensive insurance program for the Township of Bayham and to answer any questions or concerns Council had with it's regard. Mr. Sibbick also requested Council's consideration to pass a resolution regarding the increased liability exposure and to attempt to achieve some immunity for municipal government or the costs of liability claims with continue for the next four or five years. Mr. Sibbick also asked Council to forward copies of this resolution to the Ministry of Municipal Affairs and our M.P.P.. (d) Cash requirements report of accounts for the period ending April 3, 1996, and a cheque register for the period ending April 2, 1996. Moved by J.Barclay Seconded by J.Nezezon COUNCIL MINUTES - 67 - April 4, 1996 "THAT the Cash Requirements Report for accounts for the period ending April 3, 1996,be approved for payment." AND THAT the Cheque Register of cheques issued for the period ending April 2, 1996,be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Municipal Finance Officers' Association correspondence requesting support of a resolution concerning Equal Treatment of Contributions Under OMERS Early Retirement Plans - Type 7. (March 7, 1996) 3. OTHER BUSINESS No items. 10. ENVIRONMENT 1. CORRESPONDENCE &REPORTS (a) Report from Administrator Clerk regarding Ontario Clean Water Agency Project Management Agreement. Moved by W. Casier Seconded by J. Barclay "THAT the Ontario Clean Water Agency be advised the Township of Bayham requests the following Section be included in the Project Management Services Agreement for the Sewage and Water Environmental Study Reports for Straffordville and Eden: 12.2 Special Terms It is hereby agreed and understood by both parties, pursuant to Section 13.1 of the Agreement, that Sections 5, 6, and 7, of the agreement are not applicable to the agreement. It is further agreed by both parties that Sections 5, 6 and 7 may be reinstated in the agreement should both parties agree to a written agreement duly executued by both parties hereto." Disposition: Motion Carried Unanimously (b) Copy of Terms of Reference for Straffordville/Eden Environmental Study Report Liaison Committee. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. COUNCIL MINUTES - 68 - April 4, 1996 11. COMMITTEE OF THE WHOLE Moved by J. Barclay Seconded by W. Casier "THAT Council do now rise to enter into an "In Camera" Committee of the Whole session to discuss a matter of property." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE &REPORTS No items. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 12. BY-LAWS 96-22 A by-law to change or assign names to all highways, roads and streets in Bayham Township. 96-23 A by-law to authorize the Reeve and Clerk to enter into an agreement with the County of Elgin for the enforcement of the County No Parking By-law. Z354196 A by-law to amend By-law No. 2387 (Romaine & Simone Borm) Z355196 A by-law to amend By-law No. 2387 (Vane & Carol Chute) Z356/96 A by-law to amend By-law No. 2387 (Lloyd &Agina Bakker) Z357/96 A by-law to amend By-law No. 2387 (Jack &Bonnie Abell) Z358/96 A by-law to amend By-law No. 2387 (Neil Procunier) 96-24 Confirming By-law Moved by W. Casier Seconded by J. Volkaert "THAT by-laws 96-22, 96-23, Z354-96, Z356-96, Z357-96 and Z358-96 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by W. Casier COUNCIL MINUTES - 69 - April 4, 1996 "THAT by-law 96-22, 96-23, Z354-96, Z356-96 and Z358-96 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by J. Nezezon Seconded by W. Casier "THAT by-law Z355-96 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Barclay "THAT by-law Z355-96 be taken as read a third time and finally passed under the condition that the existing barn and greenhouse foundation be removed." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by J. Volkaert "THAT by-law 96-24 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Barclay "THAT by-law 96-24 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT Moved by J. Volkaert Seconded by W. Casier "THAT the Council meeting be adjourned." Disposition: Motion Carried Unanimously REEVE ADMINISTRATOR CLERK COUNCIL MEETING MINUTES THE CORPORATION OF TILE TOWNSHIP OF BAYHAM P.O.BOX 160 STRAFFORDVILLE,ONTARIO APRIL 18, 1996 7:00 P.M. The regular meeting of the Council of the Township of Bayham was held at 7:00 p.m. on Thursday, April 18, 1996 in the Council Chambers. Present were,Reeve Vane Chute,Deputy Reeve Joe Volkaert Sr., Councillors,John E. Barclay,Wayne Casier, John Nezezon,Administrator Clerk Donald W. MacLeod and Treasurer Lynn Buchner. 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 made a disclosure of pecuniary interest and the general nature thereof. 3. MENUTES & BUSINESS ARISING OUT OF THE MINUTES (a) Minutes from the regular Council meeting held April 4, 1996. Moved by J. Volkaert Seconded by J. Nezezon "THAT the minutes of April 4, 1996, be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:30 p.m. - Road Superintendent (b) 8:00 p.m. - Ken Kirby Ken Kirby appeared before Council to present a proposal to sever a retirement lot from his existing 100 acre parcel of farmland located west of Vienna on.the Vienna Line. He explained that it will be ten years in September that he has farmed this land. Reeve Chute explained that a consent application had to submitted to the County of Elgin Land Division Committee as well as a Zoning By-law Amendment application that has to be submitted to the Township for Council's consideration and possible approval. He further explained that the applications would be circulated to the various Ministries for comment in assisting the County and Township in their decisions. Mr. Kirby was informed that the cost to him for the process would amount to approximately $3,000 - $4,000 including a survey and would take 3 to 4 months to complete. The Reeve invited Mr. Kirby to meet with the Administrator Clerk during regular office hours for guidance with his application. COUNCIL MINUTES - 71 - April 18, 1996 5. INFORMATION ITEMS Moved by W. Casier Seconded by J. Barclay "THAT Information Items 5(a) - 5(e) be received and filed." Disposition: Motion Carried Unanimously (a) Township of South-West Oxford correspondence regarding rural police service. (Received and Filed) (b) Various news articles. (Received and Filed) (c) County of Elgin correspondence regarding 1996 County Rates. (Received and Filed) (d) Long Point Region Conservation Authority correspondence regarding the implementation of administrative fees for permit applications under the LPRCA Fill Regulations. (Received and Filed) (e) Union Gas correspondence regarding new rates. (Received and Filed) 6. PLANNING & DEVELOPMENT 1. CORRESPONDENCE & REPORTS (a) Township of Malahide correspondence regarding a notice of public meeting. Moved by J. Barclay Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (b) County of Elgin Land Division notice of a public meeting concerning application E36/96 submitted by Jake & Mary Zacharias concerning Lot 6, Concession 8. Moved by W. Casier Seconded by J. Barclay "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends approval of application E36/96 subject to the applicant making a $500 cash payment in lieu of parkland dedication." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 72 - April 18, 1996 (c) Notice of Public Meeting concerning an application for Minor Variance by Ross Carson Farms Ltd. (Lance &Angela Cormier). Moved by J. Volkaert Seconded by W. Casier "THAT the Committee of Adjustment be advised the Council of the Township of Bayham has no objection to application A/1/96." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Ontario Heritage Foundation correspondence regarding the Heritage Community Recognition Program. (April 4, 1996) Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS No items. 4. PUBLIC MEETINGS 7. ROADS, AGRICULTURE & DRAINAGE 1. CORRESPONDENCE &REPORTS No items. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS Road Superintendent Robert Bartlett appeared before Council to discuss matters pertaining to the Road Department. Mr. Bartlett advised Council that a tree located at the north east corner of the Township Office building is to be removed due to the risk it imposed on falling on the building. The Road Superintendent assured Council that the Contractor had his own liability insurance. Mr. Bartlett informed Council he had received a request from Darlene Phillips to improve the condition of Dennis Road south to their property where they plan to build a residence. She also mentioned her desire to meet with Council to express her concerns in person. Reeve Chute told the Road Superintendent that she was welcome to meet with Council regarding this matter, however, the road budget had been set with no funds expressly designated for this road. The Road Superintendent informed Council that approximately 5 loads of gravel were spread on the Community Centre parking lot. He asked Council's opinion on replacing the posts that divided the lot down the centre or whether they would prefer cement curbs. Council suggested that posts would probably be more economical but should be a height COUNCIL MINUTES - 73 - April 18, 1996 that could be seen above the hood of a car and equipped with reflectors to prevent them from being hit by vehicles. It was suggested that they be situated in the same locations from which they were removed. With respect to the sale of the 1979 Ford Dump Truck and the 1975 Dodge Bucket Truck Reeve Chute suggested that a sealed tender method be used to provide an equal opportunity for all interested parties. Council instructed the Administrator Clerk to prepare an advertisement that the Township will be receiving sealed bids for the vehicles. Albert White recently approached the Road Superintendent about a request for construction of an alternate road to access his property. Council agreed to have the Road Superintendent investigate the cost of this project and Council would consider entertaining options with Mr. White. The Road Superintendent presented Council with another request for road allowance to access property. This particular request came from Doug Dennis who recently purchased property on the south side of the Otter Creek. Reeve Chute reminded Council that the 1996 Budget has been set with no funds earmarked for this purpose. Deputy Reeve Volkaert recommended Council review the Road Budget and possibly reconsider priority of the projects included. Council agreed that the Road Superintendent will provide Council with an estimate of the costs involved in this project so they can review the Budget and considering these recent requests. Moved by W. Casier Seconded by J. Volkaert "THAT the Road Superintendent be authorized to advertise that sealed bids will accepted for the 1979 Ford Dump Truck and 1975 Dodge Bucket Truck." Disposition: Motion Carried Unanimously 8. PROPERTY, BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE &REPORTS (a) Rose Pihokker correspondence regarding trees on her property. Councillor Casier informed Council that he had viewed the cemetery and noted that one of the trees located on the east property line has a split trunk and in his opinion should be removed and that another of the trees located on the north west corner of the property appeared to be diseased. It was his suggestion to wait about one month until the leaves have a chance to come out to determine if the trees are healthy or not. Reeve Chute referred to the contents of the writer's letter as being concerned with the effect of the trees on the crops in the adjacent farmland and the possibility of the trees' root systems affecting her septic system. Council felt that it would not be fair for a farmer to request an adjacent landowner of a wooded lot to remove all the trees within a specified distance from the lot line in order to accommodate the farmer's crops therefore these trees should not be removed for that reason alone. However, it was Council's agreement that the Administrator Clerk respond to Mrs. Pihokker's request by stating that the matter be reviewed in approximately one month's time when the leaves come out on the trees and remove only those trees that propose a safety hazard. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS (a) 13ayham Community Centre Councillor Casier informed Council that a meeting was held with Smylie & Crow, Engineers, and Dave Yallop of D.Y. Mechanical on Tuesday, April 16, 1996 at the Community Centre to investigate the lack of hydro savings that was expected when the COUNCIL MINUTES - 74 - April 18, 1996 new heating and air conditioning unit was installed in 1995. A representative from Ontario Hydro was also invited but unable to attend. There was a comparison made of January and February hydro bills for 1995, prior to the installation of the new unit and those of 1996. These bills showed little or no change in consumption. It was decided that Smylie & Crow would contact Ontario Hydro in London and discuss the problem that they feel is related to the demand meter currently measuring hydro consumption at the Community Centre. Another problem being encountered by the Manager of the Community Centre was inconsistent heat. After numerous attempts to set the thermostat D.Y. Mechanical replaced the fuses. Councillor Casier confirmed that the Community Centre Manager feels this problem has been solved. A third situation that the new heating and air conditioning unit has not improved is disbursing smoke. Councillor Casier explained that the first design of the unit provided for return air ducts in the ceiling but there were not installed. Since the return air ducts at the stage level do not move the smoke it continues to rise and remains trapped at the ceiling. There is an exhaust fan located on the ceiling but when used it draws in cool air from the cold air ducts making the temperature in the Hall difficult to regulate. Deputy Reeve Volkaert suggested that since Smylie & Crow were hired to engineer the project and it does not meet its expectations, they should be held responsible to take appropriate action to satisfy the noted deficiencies. Council instructed the Administrator Clerk to meet with Smylie and Crow to explain Council's position. (b) Township Office Renovation Deficiencies - The Administrator Clerk explained to Council that the Contractor who installed the heating and air conditioning unit was recently sent a copy of the heat balancing report and it was discovered from this report that there are serious problems with the thermostat and air flow within the system. The Administrator Clerk was assured by the Contractor that this problem would be addressed next week. (c) Township Office Landscaping - The Administrator Clerk brought to Council's attention the condition of the Township Office lawn which has received considerable damage in the past from grubs. He also made mention of the various areas in which water accumulates and stands when it rains. Council suggested the lawn be sprayed in June when the grubs are active. 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE &REPORTS (a) Corporation of the Township of Norfolk correspondence regarding the restructuring of Hospital Boards in Oxford County. (see resolution for 9-1(b)) (b) Town of Tillsonburg correspondence regarding Oxford County Hospitals' Planning Study Thames Valley District Health Council. Moved by W. Casier Seconded by J. Nezezon "AND WHEREAS the Thames Valley District Health Council is presently reviewing hospital services in Oxford County; AND WHEREAS the Thames Valley District Health Council Hospital Planning Committee is recommending a merger of the three Oxford County hospitals, therefore dissolving the Tillsonburg District Memorial Hospital Corporation; AND WHEREAS if the Thames Valley District Health Council accepts the report and recommendations of the Hospital Planning Committee, hospital services for the Tri-county Community will be in the hands of one Oxford County Hospital Board; COUNCIL MINUTES - 75 - April 18, 1996 AND WHEREAS the Thames Valley District Health Council has ignored the municipal resolutions, personal letters land petitions from the Tri-County area stating opposition to one governing authority; BE IT THEREFORE RESOLVED that the Corporation of the Township of Bayham notify the Thames Valley District Health Council, the Minister of Health, the Premier of Ontario, all other Tri-County municipalities and area M.P.P.'s that: 1) We demand that the Thames Valley District Health Council explain why they did not acknowledge in their report our resolutions, letters and petitions. 2) We are strongly opposed to the proposed merger of the three county hospitals into one new Oxford County Hospital Corporation with one governing authority. 3) The Tillsonburg Memorial Hospital, a hospital with Four Year Accreditation with Distinction, should continue to operate for the citizens of the Tri-County Community and be governed by the citizens of the Tri-County Community. 4) There should be no rationalization of services unless it can be demonstrated that accessibility, level, and quality of services essential to the Tri-County Community will be maintained or improved with tangible economic benefit." Disposition: Motion Carried Unanimously (c) CAA Elgin-Norfolk correspondence regarding "Operation Lookout" Project. Moved by J. Volkaert Seconded by W. Casier "WHEREAS OPERATION LOOKOUT IS A COMMUNITY BASED PROJECT THAT ENCOURAGES THE PUBLIC AND BUSINESSES ALIKE TO REPORT SUSPECTED IMPAIRED DRIVERS. AND WHEREAS IMPAIRED DRIVING CAUSES MORE FATALITIES THAN ALL OTHER VIOLENT CRIMES COMBINED. IN ONTARIO ALONE, THERE ARE 1.5 ALCOHOL RELATED CRASHES EVERY HOUR; AND WHEREAS THE GREATEST DETERRANT TO IMPAIRED DRIVERS IS THE RISK OF BEING CAUGHT, NOT THE POSSIBILITY OF CAUSING AN ACCIDENT RESULTING IN A FATALITY OR SERIOUS INJURY; AND WHEREAS STRATEGIES MUST BE TARGETED TO THE IMPAIRED DRIVER WHO HAS NOT YET ACCEPTED THE FACT THAT DRINKING AND DRIVING IS NO LONGER TOLERATED; MORE THEN JUST THE POLICE ARE WATCHING FOR IMPAIRED DRIVERS -- IT IS THE RESPONSIBILITY OF ALL CITIZENS, AND AND WHEREAS THE GOAL OF OPERATION LOOKOUT IS TO ENCOURAGE LOCAL CITIZENS TO TAKE ACTION AGAINST IMPAIRED DRIVERS AND ELIMINATE A PREVENTABLE TRAGEDY-- FATALITY AND/OR INJURY CAUSED BY AN IMPAIRED DRIVER, AND AND WHEREAS THE WAR AGAINST DRINKING AND DRIVING HAS BEEN PROCLAIMED IN A NUMBER OF ONTARIO COMMUNITIES, COUNCIL MINUTES - 76 - April 18, 1996 THEREFORE THE COUNCIL OF THE TOWNHIP OF BAYHAM HEREBY PROCLAIMS THAT MAY 6, 1996 BE KNOWN AS THE KICK-OFF DATE OF OPERATION LOOKOUT IN THE COUNTY OF ELGIN." Disposition: Motion Carried Unanimously (d) Report from Treasurer concerning status of 1996 Budget. Moved by J. Nezezon Seconded by J. Volkaert "THAT the report from the Treasurer be received and filed." Disposition: Motion Carried Unanimously (e) Cheque register for the period ending April 10 , 1996, and a cash requirements report for the period ending April 17, 1996. Moved by J. Barclay Seconded by J. Nezezon "THAT the Cash Requirements for accounts for the period ending April 17, 1996, be approved for payment. AND THAT the Cheque Register of cheques issued for the period ending April 10, 1996, be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Municipal Finance Officers' Association correspondence requesting support of a resolution concerning Equal Treatment of Contributions Under OMERS Early Retirement Plans - Type 7. (March 7, 1996) Moved by J. Volkaert Seconded by J. Barclay "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS (a) Workers' Compensation Claim - Ken Laemers, Township Fire Chief- The Administrator Clerk informed Council that the Treasurer had discussed this claim with WCB and confirmed that the Fire Chief was insured for the maximum coverage and therefore would receive 80% of that amount as compensation during his benefit period. 10. ENVIRONMENT 1. CORRESPONDENCE &REPORTS No items. COUNCIL MINUTES - 77 - April 18, 1996 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 11. COMMITTEE OF THE WHOLE Moved by J. Nezezon Seconded by J. Volkaert "THAT Council do now rise to enter into an "In Camera" Committee of the Whole session to consider a matter of impending litigation." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE &REPORTS No items. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. Moved by J. Volkaert Seconded by W. Casier "THAT the Committee of the Whole do now rise from the "In Camera" session without reporting." Disposition: Motion Carried Unanimously 12. BY-LAWS 96-25 Confirming By-law Moved by J. Nezezon Seconded by W. Casier "THAT by-law 96-25 be taken as read a first and second time." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 78 - April 18, 1996 Moved by J. Barclay Seconded by J. Nezezon "THAT by-law 96-25 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT Moved by J. Nezezon Seconded by J. Barclay "THAT the Council meeting be adjourned." Disposition: Motion Carried Unanimously REEVE ADMINISTRATOR CLERK COUNCIL MEETING MINUTES I'H.E CORPORATION OF THE TOWNSHIP OF BAYHAM P.O.BOX 160 STRAFFORDVILLE,ONTARIO MAY 16, 1996 6:30 P.M. The regular meeting of the Council of the Township of Bayham was held at 6:30 p.m. on Thursday, May 16, 1996 in the Council Chambers. Present were, Reeve Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors, John E. Barclay, Wayne Casier, John Nezezon, Administrator Clerk Donald W. MacLeod, Treasurer Lynn Buchner and Chief Building Official Dwayne Daniel. 1. CALL TO ORDER Reeve Chute called the meeting to order at 6:42 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councillor Casier made a disclosure of pecuniary interest and the general nature thereof with respect to item 7-1(a). No other member of Council made a disclosure of pecuniary interest and the general nature thereof 3. MINUTES & BUSINESS ARISING OUT OF'1'HE MINUTES (a) Minutes from the regular Council meeting held May 2, 1996. Moved by J. Nezezon Seconded by W. Casier "THAT the minutes of May 2, 1996, be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 6:30 p.m. - Alex McBeeth& John Holjack from Doane Raymond regarding Township's 1995 financial statements. Alex MacBeath, CA and John Holjack CA, of Doane Raymond Chartered Accountants, Auditors for the Township's 1995 Financial Statements and Financial Information Return, appeared before Council to present the Corporation of the Township of Bayham's 1995 Financial Statements. Alex MacBeath briefly summarized the contents of the Report emphasizing that it was a clean report with no qualifications and the Statements represented a very healthy municipality from a financial perspective. He continued to highlight items identified in the Treasurer's Report such as the General Revenue Fund balance of$14,241 at year end, a net working capital balance of$298,373, a significant decrease in taxes receivable of 21%from 1994 representing only 9.15% of the 1995 tax levy, and a significant decrease in accounting and audit fees resulting from the services of Bob Mann, Township Accountant, no longer required on a regular basis but for consultation only. Alex MacBeath offered to address any questions from Council. The Administrator Clerk asked if the working reserve of$290,000 was sufficient. Mr. MacBeath's response was that as long as the working reserve was enough to cover the taxes receivable or working capital that it is sufficient and in the Municipality's case it is. Alex MacBeath continued by summarizing a management letter prepared by the auditors which identifies areas of improvements or shortcomings found during the audit process in which the Municipality could consider in order to safeguard assets and maintain accurate, efficient accounting records. There were no significant deficiencies identified in this letter. COUNCIL MINUTES _ 87- May 16, 1996 Alex MacBeath presented Council with a letter regarding the fees for the engagement. The letter states that the Township's audit fees will experience a 12% decrease in 1995 from $12,000 in 1994 to $10,500 in 1995. The letter also discloses a fixed fee quote for each of the next three years of$8,000 and restricts any fee increase in the subsequent two years to the annual inflation rate. Mr. MacBeath also informed Council that the Township audit is considered a local audit in which case no additional expenses for travel and accommodations are charged to the Municipality. Moved by J. Barclay Seconded by J. Volkaert "THAT the Corporation of the Township of Bayham's Financial Statements for the year ended December 31, 1995 be approved." Disposition: Motion Carried Unanimously (b) 7:10 p.m. - Chief Building Official Dwayne Daniel (c) 8:00 p.m. -Robert Gregson regarding agenda item 6-1(e). (d) 9:00 p.m. -Jack Petrie regarding a proposed severance for Michelle Szorenyi. Jack Petrie did not appear before Council. 5. INFORMATION ITEMS Moved by W. Casier Seconded by J. Nezezon "THAT Information Items 5(a)- 5(d)be received and filed." Disposition: Motion Carried Unanimously (a) Various newspaper articles. (Received and Filed) (b) Long Point Region Conservation Authority circulation of minutes from a meeting held April 3, 1996. (Received and Filed) (c) Report 96.027 from the Treasurer regarding 1995 Transfer Station Analysis (Received and Filed) (d) The Ontario Gazette excerpt concerning provisions for the implementation of a restructuring proposal. (Received and Filed) COUNCIL MINUTES - gg _ May 16, 1996 6. PLANNING& DEVELOPMENT 1. CORRESPONDENCE&REPORTS (a) Bayham Parks,Recreation and Community Centre Board Minutes from a meeting held April 24, 1996. Deputy Reeve Volkaert raised a question with regards to Item 4(b). His question was in reference to what type of gate was to be installed for a walk-in entrance to provide access from the parking area on Centennial. Councillor Casier,Bayham Parks,Recreation and Community Centre Board Chair,told Council that this matter had not been decided. Reeve Chute suggested that the Board obtain a couple of quotes and to have Dwayne Daniel, Township Chief Building Official,to assist. Deputy Reeve Volkaert suggested that the existing walk-in entrance of approximately four feet in width with a post situated in the middle of the opening was effective in keeping out the unwanted motorized vehicles while providing sufficient room for strollers to enter was likely the most economical alternative. Moved by W. Casier Seconded by J.Nezezon "THAT the Bayham Parks,Recreation and Community Centre Board Minutes from the meeting held April 24, 1996 be approved." Disposition: Motion Carried Unanimously (b) Kenneth&Norma Kirby application for an amendment to the Township Zoning By-law concerning Lot 8, Concession 2. The Administrator Clerk summarized this application for Council's benefit, explaining that the applicant wishes to create a retirement lot on land presently zoned as Agricultural (Al). The frontage of the proposed lot would be 140.2m with an approximate area of 1.4 ha.. The area to be retained as agricultural land would be approximately 39.1 ha.. Reeve Chute commented that he felt this proposed retirement lot was too large. Councillor Casier stated that even with a frontage of the minimum required of 50 m would provide approximately 1.3 acres. Councillor Nezezon commented that the depth wasn't a problem but he also felt that frontage needed to be reduced. Council's decided that the application might be reconsidered if the frontage were restricted to 55 m and the remaining area separated by the stream be planted with trees. Moved by J.Nezezon Seconded by J. Volkaert "THAT the application be deferred." Disposition: Motion Carried Unanimously (c) County of Elgin Land Division Committee notice of a public meeting regarding Application E41/96 submitted by Romaine and Simonne Borm concerning Part Lot 1, Concession 4. Moved by J. Nezezon Seconded by W. Casier "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends approval of Application No.E41/96 subject to the following conditions: 1. That the applicant make a$500 cash payment in lieu of parkland dedication to the Township." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 89- May 16, 1996. (d) County of Elgin Land Division Committee notice of a public meeting regarding Application E41/96 submitted by James&Craig Howe concerning Lots 16& 17, Concession 3. Councillor Nezezon commented that the adjacent property has a barn that houses livestock. It was the general consensus of Council that this barn is within the required 300 m minimum distance between the property line and the barn structure therefore does not comply with the Township Zoning By-law. Moved by J. Volkaert Seconded by J. Barclay "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends approval of Application No.E52/96 subject to the following conditions: 1. That the applicant make a 5500 cash payment in lieu of parkland dedication to the Township. 2. The subject lands be rezoned so as to permit the intended used." Disposition: Motion Defeated Moved by J. Volkaert Seconded by W. Casier "THAT the Council of the Township of Bayham does not recommend approval of this application until the applicant provides confirmation the proposal meets with the Agricultural Code of Practice with respect to a barn on the property of the subject lands. Disposition: Motion Carried Unanimously (e) Robert&Joan Gregson application for an amendment to the Township Zoning By-law concerning Lots 16& 17, Concession S.T.R. The Administrator Clerk summarized the application for Council's benefit, He noted that the applicant wishes to rezone the subject lands from Agriculture to Farm Industrial(M1)to conform with the existing zoning on the Norfolk Co-operative lands_ It is the applicants intent to sell this parcel to the Norfolk Co-operative and therefore would like to rezone this parcel to conform with the Co-op's existing land. The applicant,Robert Gregson,was present to answer any questions. Reeve Chute asked Mr. Gregson if the land is fairly level and Mr. Gregson assured Council that it is. Moved by J.Barclay Seconded by J. Volkaert "THAT the application of Robert&Joan Gregson for an amendment to the Township Zoning By-law to change the zoning on Part Lots 16 and 17,Concession S.T.R.from Agricultural(Al)to Industrial(Ml) be accepted and forwarded to the Township planning consultant for by-law preparation." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. COUNCIL.MINUTES _ 90- May 16, 1996 3. OTHER BUSINESS No items. 4. PUBLIC MEETINGS 1. Call to Order Moved by J. Volkaert 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 2. Disclosure of pecuniary interest and the general nature thereof No member of Council made a disclosure of pecuniary interest and the general nature thereof. 3. Applications (a) An application submitted by Jacob & Elizabeth Dyck for an amendment to the Township Zoning By-law to change the zoning on Part Lot 14, Concession 10, from Agricultural(Al)to Rural Residential. i) Staff Report The Administrator Clerk reviewed the application with Council noting that the applicant is proposing to change the zoning on a parcel of land comprising of approximately 1.4 ha(3.5 acres) situated on the north side of Highway No. 3 in Part Lot 14, Concession 10 from agricultural(Al)to rural residential(RR)to create an estate residential building lot adjacent to two existing non-farm dwellings. ii) Presentation by Applicant The applicant was present but did not address Council. iii) Public Comments No member of the public appeared to comment on the application. The Elgin St.Thomas Health Unit replied with no objections if the applicant meets the following: • the accurate location and components of the existing sewage system and water supply; • the results of a soil cut and soil percolation test conducted by a competent person; • 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 leaching bed (the number of bedrooms and plumbing fixtures in the house help determine the amount of land needed). And a site plan for the undeveloped lot is submitted to the Health Unit showing: • the results of a soil cut and a soil percolation test conducted by a competent person • the there is a level land area(free of trees) of sufficient size to contain both a leaching bed(designed to serve a three(3)bedroom house)and an adjacent area of equal size for the eventual replacement of the leaching bed. COUNCIL MINUTES - 91 - May 16, 1996 iv) Council Questions and Comments There were no questions from any member of Council. (b) An application submitted by George & Margaret Gilvesy for an amendment to the Township Zoning By-law to change the zoning on Part Lot 22, Concession 8, from Future Development(1~D)to Hamlet Residential (RR). i) Staff Report The Administrator Clerk reviewed the application with Council. The purpose of the application is to change the zoning on a parcel of land comprising of approximately 1.1 ha (2.6 acres) situated on the east side of Highway No. 19 in Part Lot 22, Concession 8, from Future Development (FD) to Hamlet Residential (BR)to facilitate the creation of five residential lots in the Hamlet of Eden. ii) Presentation by Applicant The applicant was not present. iii) Public Comments No member of the public appeared to comment on the requirements stipulated for the Hamlet Residential Zone. Each lot being deficient in frontage by only .7 metres. It was the recommendation of the planner to increase the frontage of these lots to 22 metres acquiring the 1.4 metres from along the southern boundary of the three adjacent lots. Otherwise the subject lands will have to be placed into a Special Hamlet Residential Zone. This was the only comment received from any of the agencies or ministries circulated. The Administrator Clerk said there was no response received from the Ministry of Transportation due to the OPSEU strike and their comment could be a significant consideration in Council's decision. iv)Council Questions and Comments In response to Reeve Chute's question the Chief Building Official confirmed that there is a culvert that crosses Highway No. 19 and dumps into the west ditch and flows overland approximately 600 feet to a ravine area. It was agreed by Council to have Spriet Associates, Township Engineer, assess this area for the possibility of drainage requirements. The Administrator Clerk informed Council that fees incurred would be recoverable from the applicant as set out in the Zoning By-law agreement. 4. Staff report 5. Presentation by applicant 6. Public comments 7. Council questions and discussion 8. Adjournment Moved by J. Volkaert Seconded by J. Barclay "THAT the public meeting be adjourned." Disposition: Motion Carried Unanimously COUNCIL MINUTES _ 92 _ May 16, 1996 7. ROADS,AGRICULTURE&DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Bill&Linda Rimnyak correspondence regarding the Casier Drain. The Administrator Clerk reiterated the correspondence received from Bill and Linda Rimnyak explaining the Rimnyak's request for an engineer's report on the Casier Drain. The letter also states that the engineering, related costs and any work done on the Casier Drain will be paid by K.C.Emerson. Council expressed their concerns with the time required to eliminate the problem. Dwayne Daniel, Chief Building Official, estimated a time frame of at least six months from the time an Engineer's Report is prepared to completion of the work. Reeve Chute summarized the situation identifying two problems. One being the fact that the drain was altered without proper authority and the second concerning the time factor involved in rectifying the problem to minimize damage to crops in the area. Reeve Chute stated that the Township has the legal right go in and open the drain. He suggested that an Engineer would be able to determine within a few hours what size pipe would be required to remedy the situation and subsequently be hired to do the work immediately. In response to Councillor Nezezon's question the Administrator Clerk explained that it is not necessary to follow the tender process but instead Council could request estimates from various engineers. Moved by J. Volkaert Seconded by J.Barclay "THAT Spriet Associates be instructed to review the correspondence of Bill Rimnyak with respect to Casier Drain." Disposition: Motion Carried Unanimously (b) Village of Port Burwell correspondence regarding Petition Drain,Memorial Park Drain and County Road#39/Chatham Street Drain. Moved by J. Barclay Seconded by J. Volkaert "THAT the correspondence be received and filed." Disnosition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS Tenders for construction of the Corinth Drain 1995 Branch"A"were received and opened. The tenders received were as follows: • Neil Montegue $17,507.34 • Strieb Trucking Ltd. $10,240.97 The Engineer's estimate for this portion of the job was$12,000. A comparison of the cost components of the tenders identified the major difference as the installation cost of the pipe. Montegue's quote on the installation was$6,512 while Strieb's was $1,174. Council agreed that the tender submitted by Strieb Trucking Ltd. should be sent to the Township Engineer for approval before acceptance. COUNCIL MINUTES _ 93 - May 16, 1996 In response to Deputy Reeve Volkaert's question regarding the proposed construction of a laneway at Albert White's property, the Administrator Clerk informed Council that the Road Superintendent had met with Mr.White regarding this matter. It was Mr. White's response that he is not in favour of closing the existing road. Deputy Reeve Volkaert reiterated that this was a prerequisite before agreeing to construct a new laneway since it is causing the erosion on Eden Road. Reeve Chute suggested that the Administrator Clerk request Spriet Associates, Township Engineer,to provide Council with an estimate of the engineering fees required to remedy the problem. The Reeve recalled a survey of this property being done in the past by Kim Husted Surveying so this cost would be avoided at this time. Moved by J. Volkaert Seconded by W. Casier "THAT the tender submitted by Strieb Trucking Ltd. in the amount of$10,240.97 for the construction of the Corinth Drain 1995,Branch 'A' be accepted subject to approval of the Township Engineer." Disposition: Motion Carried Unanimously S. PROPERTY,BUILDING&PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) County of Elgin correspondence regarding Civic Addressing Implementation Team Meeting on Wednesday,May 15, 1996. In response to Councillor Casier's question,the Administrator Clerk explained that all area Elgin municipalities will be charging the property owner for cost of the identification sign. He continued by stating that Yarmouth will be imposing a$25 fee per property and Malahide will bill persons who receive a sign. Councillor Casier asked if property owners within the boundaries of the Hamlets would be required to have a blue sign on their property. The Administrator Clerk said that this would be at Council's discretion if each individual could install their own numbers on their house or purchase a sign from the Township. He informed Council that the County was expecting to have signs manufactured to fit the existing posts in which fire numbers are currently attached to. This would provide a considerable savings in cost of posts as well as locates. Moved by J.Barclay Seconded by J. Volkaert "THAT the Council of the Township of Bayham is in agreement with the recommendation of the General Government and Property Committee and request the County to co-ordinate and purchase all of the required 9-1-1 Emergency Services signage using the County Levy and"charge back"the costs throughout the County of Elgin further to their meeting of November 28, 1995." Disposition: Motion Carried Unanimously (b) Sandra Sandham correspondence regarding a dog complaint. Moved by W. Casier Seconded by J.Nezezon "THAT the By-Law Enforcement Officer be instructed to investigate the complaints submitted by Sandra Sandham." Disposition: Motion Carried Unanimously COUNCIL MINUTES _ 94_ May 16, 1996 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 9. FINANCE,ADMINISTRATION&PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Pembina Resources correspondence regarding Offshore Taxes. Council requested the Administrator Clerk to respond to Pembina Resources in writing explaining that the 1996 Budget has been set and there are not sufficient funds provided in those estimates to fund dredging in the Port Burwell harbour. Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (b) Report 96.029 from the Treasurer regarding 1995 Transfers to Reserves. Moved by J.Nezezon Seconded by J. Barclay "THAT Report 96.029 from the Treasurer regarding 1995 Transfer to Reserves be approved. AND THAT the Treasurer be authorized to transfer$20,000 to the equipment reserve and $15,000 to the water study reserve as at December 31, 1995." Disposition:, Motion Carried Unanimously (c) Report 96.030 from the Treasurer regarding Knights of Columbus, Tillsonburg Lottery Request. Moved by J.Nezezon Seconded by J. Volkaert "THAT Report 96.031 from the Treasurer regarding Knights of Columbus,Tillsonburg Lottery Licence request be approved. AND THAT the Council of the Township of Bayham authorized the Knights of Columbus Council 3212 of Tillsonburg, Ontario to conduct Break Open Ticket Lotteries at the Eden General Store under the terms and conditions as provided by the Ministry of Consumer and Commercial Relations Entertainment Standards Branch." Disposition: Motion Carried Unanimously COUNCIL MINUTES _ 95 _ May 16, 1996 (d) Report 96.031 from the Treasurer regarding Randy Rebry,Business Vehicle Licence Request. Randy Rebry, owner/proprietor of Eden General Store, was present to address any questions Council may have with regards to his application to install a Chip Wagon at the location of the General Store in the Hamlet of Eden. Reeve Chute asked Mr.Rebry where on the property he planned to park the vehicle. Mr. Rebry indicated that the north-east corner was the intended location as he felt it would not obstruct vision of motor vehicles at the corner. Mr. Rebry indicated that his intention was to place the vehicle on the south-west side of the building in the driveway. However, the driveway and garage are currently being used by a tenant for an indefinite term. Council was concerned that due to the limited amount of parking space surrounding the Store,the vehicle may be placed on a portion of the Township Road allowance. Therefore, it was decided that the Township Road Superintendent meet Mr. Rebry at the proposed site to ensure the vehicle will not be situated on any portion of Township road allowance. Moved by J. Volkaert Seconded by W. Casier "THAT Report 96.031 from the Treasurer regarding Randy Rebry,Business Vehicle Licence request be approved. AND THAT the Council of the Township of Bayham grant a licence to Randy Rebry, owner and proprietor of the Eden General Store,to park a Chip Wagon at the location of the Eden General Store under the provisions of By-Law No.92-18." Disposition: Motion Carried Unanimously (e) Cheque register for the period ending May 9, 1996 and cash requirements report of accounts for the period ending May 14, 1996. Moved by J. Barclay Seconded by J. Volkaert "THAT the Cash Requirements Report for accounts for the period ending May 14, 1996,be approved for payment. AND THAT the Cheque Register of cheques issued for the period ending May 9, 1996, be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. COUNCIL MINUTES - 96 - May 16, 1996 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Ministry of Environment and Energy correspondence regarding Guy Grandbois,Building Renovation Impact on Groundwater. It was Council's decision to have the Administrator Clerk respond to the Ministry of Environment and Energy's letter regarding Guy Grandbois,building renovation impact on groundwater and Council's position in dealing with future situations. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS The Treasurer informed Council that the Office Staff have received several inquiries regarding a free dump day at the transfer station for spring clean up. It was Council's decision to authorize the Treasurer to contact Vienna and Port Burwell for approval on the event and to arrange a date with Greenlane Environmental as soon as possible to be effective for spring clean up purposes. 11. COMMITTEE OF THE WHOLE 1. CORRESPONDENCE&REPORTS No items. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 12. BY-LAWS 96-27 A by-law to authorize the acquisition of land comprising Part of Lot 124, North of Talbot Road and designated as Parts 1, 3, 5 & 6 on Reference Plan 11R-5215 and Part 1 on Reference Plan 11R-6242 for the purpose of road widening. 96-28 A by-law to dedicate Parts 1, 3, 5 & 6 on Reference Plan 11R-5215 and Part 1 on Reference Plan 11R-6242 as part of the municipal road system 96-29 A by-law to adopt the assessment on which the taxes shall be levied for the ear 1996, to levy the taxes for the year 1996 and to provide for the collection thereof. 96-30 Confirming By-law COUNCIL MINUTES - 97- May 16, 1996 Moved by J. Volkaert Seconded by W. Casier "THAT by-law 2360/96 be taken as read a first and second time." Disposition: Motion Carried Moved by J. Barclay Seconded by W. Casier "THAT by-law Z360/96 be taken as read a third time and finally passed." Disposition:, Motion Carried Unanimously Moved by W. Casier Seconded by J. Volkaert "THAT by-laws 96-27,96-28,96-29 and 96-30 be taken as read a first and second time." Disposition_ Motion Carried Unanimously Moved by W. Casier Seconded by J. Volkaert "THAT by-laws 96-27,96-28,96-29 and 96-30 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by W. Casier "THAT by-law 96-31 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Nezezon "THAT by-law 96-31 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT Moved by I Nezezon Seconded by W. Casier "THAT the Council meeting be adjourned." Disposition: Motion Carried Unanimously REEVE ADMINISTRATOR CLE COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O.BOX 160 STRAFFORDVILLE, ONTARIO MAY 2, 1996 7:00 P.M. The regular meeting of the Council of the Township of Bayham was held at 7:00 p.m. on Thursday, May 2, 1996 in the Council Chambers. Present were,Reeve Vane Chute,Deputy Reeve Joe Volkaert Sr., Councillors,John E. Barclay, Wayne Casier,John Nezezon,Administrator Clerk Donald W. MacLeod, Treasurer Lynn Buchner, Chief Building Official Dwayne Daniel and Road Superintendent Robert Bartlett. 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 made a disclosure of pecuniary interest and the general nature thereof. 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES (a) Minutes from the regular Council meeting held April 18, 1996. Moved by J. Nezezon Seconded by W. Casier "THAT the minutes of April 18, 1996, be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:30 p.m. - Chris Rosehart regarding agenda item 6-1(a). (b) 8:00 p.m. - Chief Building Official regarding agenda item 8-1(c). 5. INFORMATION ITEMS Moved by W. Casier Seconded by J. Barclay "THAT Information Items 5(a) - 5(h) be received and filed." Disposition: Motion Carried Unanimously (a) Big Brothers/Big Sisters of Tillsonburg correspondence regarding Charity Golf fund raising event. (Received and Filed) (b) Elgin Community Leaders' newsletter for community leaders and organizations. (Received and Filed) COUNCIL MINUTES - S0 . May 2, 1996 (c) Association of Municipalities of Ontario correspondence regarding "Police Summit" consultation meeting. (Received and Filed) (d) Conestoga-Rovers & Associates Limited, Consulting Engineers correspondence regarding Green Lane Environmental application to the Ministry of the Environment and Energy. (Received and Filed) (e) Associations of Municipalities of Ontario correspondence regarding 1996 annual conference. (Received and Filed) (1) Ontario Good Roads Association Municipal Routes March/April newsletter. (Received and Filed) (g) Integrated Engineering, Mechanical & Electrical Building Systems inspection report on the Bayham Township municipal office. (Received and Filed) (h) Elgin St.Thomas Health Unit correspondence regarding comments from agencies on proposed zoning by-law amendments. (Received and Filed) 6. PLANNING & DEVELOPMENT 1. CORRESPONDENCE &REPORTS (a) An application submitted by Chris Rosehart and John Friesen for an amendment to the Township Zoning By-law to add a church and school as a permitted use in the Highway Commercial zone concerning Part Lot 19, Concession 10. The Administrator Clerk summarized the application for Council, identifying the location of the property, its entrance ways and the purpose of the application which is to add a Church and School as permitted uses to the Highway Commercial zoned property. The Administrator Clerk informed Council that Cumming Cockburn, Township Planning Consultant, had suggested that Council may want to consider a temporary use by-law for a three year term. This approach would allow Council to evaluate the situation at the end of the three year term to determine if the permitted uses are still feasible. Pastor John Friesen, co-applicant was present to answer any questions Council had regarding the intended use of the property. Since Council had no questions for the applicant the Administrator Clerk explained the application process for the benefit of the applicant. Reeve Chute explained that Council had the deciding vote but the Ministry of Transportation has strongly opposed zone changes in the past based on the risks involved with access off a highway. Pastor Friesen asked Council if the temporary zoning amendment would allow a building permit to be issued on the subject land. Dwayne Daniel, Chief Building Official, was present to address this question on Council's behalf. The Chief Building Official explained to Pastor Friesen that a building permit would be allowed but only after a construction permit is authorized by the Ministry of Transportation. Moved by J. Barclay Seconded by J. Volkaert "THAT the application of Chris Rosehart and John Friesen for an amendment to the Township Zoning By-law to add a church and school as a permitted use for the Highway Commercial zoned property as Part Lot 19, Concession 10 be accepted and forwarded to the Township planning consultant for by-law preparation." Disposition: Motion Carried Unanimously COUNCIL MINUTES - $1 May 2, 1996 (b) Ministry of Citizenship, Culture and Recreation correspondence regarding 1996 Senior of the Year Program. Moved by J. Volkaert Seconded by J. Nezezon "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously 2, UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 4. PUBLIC MEETINGS No meetings scheduled. 7. ROADS, AGRICULTURE & DRAINAGE 1, CORRESPONDENCE & REPORTS (a) County of Elgin correspondence regarding an information meeting on road related matters. Moved by J. Barclay Seconded by J. Nezezon "THAT the Road Superintendent be authorized to attend meetings to explore ways to improve efficiencies in road related matters." Disposition: Motion Carried Unanimously (b) Correspondence from Ministry of Transportation regarding lowering the speed limit to 50 km/ at the south end of Highway No. 19 in the Hamlet of Straffordville. Moved by W. Casier Seconded by J. Barclay "THAT the Council of the Township of Bayham concurs with the Ministry of Transportation's recommendation to lower the speed limit to 50km/h on that part of King's Highway known as No. 19 in the Hamlet of Straffordville in the Township of Bayham in the County of Elgin beginning at a point situate 152 meters measured southerly from the intersection with the centre line of the roadway known as Sandytown Road and a point situate 263 metres measured northerly from its COUNCIL MINUTES _ 82- May 2, 1996 3. OTHER BUSINESS Tenders for the purchase of the 1975 Bucket Truck were received as follows: $ 875 -Bob Carrel $2,666-Herman Klassen $ 625 - Sunrise Equipment Auction Tenders for the purchase of the 1979 Ford Dump Truck were received as follows: $9,000 -Gilles Therrien $3,875 -Bob Carrel $2,750- Sunrise Equipment Auction Bob Bartlett,Road Superintendent, appeared before Council,to discuss recent queries from local residents regarding road work. The Road Superintendent presented Council with an estimated cost of$15,000 to upgrade the southerly 01 km of the Dennis Road. These costs include A gravel, pit run filter mat and weeping tile. The Road Superintendent also provided an estimate for a'/2 km extension of the Woodworth Road. The estimate which he felt would involve mostly grader work, sand and gravel and a survey would approximate$5,000. Another request for the provision of access to property was received from Albert White. The Road Superintendent estimated the cost of this project consisting of approximately'/2 km requiring grader work,filter mat and gravel,to be in the$7,000 range. An alternative to providing a new access to the White property would be to fix the existing culvert with an estimated cost of$12,000. Council decided to schedule a road tour for Friday,May 10th to physically evaluate these and other road projects which are already included in the 1996 Budget. Moved by J. Nezezon Seconded by J. Volkaert "THAT the bid submitted by Gilles Therrien in the amount of$9,000 for the 1979 Ford Dump Truck be accepted. AND THAT the bid submitted by Herman Klassen in the amount of$2,666 for the 1975 Bucket truck be accepted." Disposition: Motion Carried Unanimously 8. PROPERTY,BUILDING&PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Aylmer Police Services Board correspondence extending an invitation to an upcoming meeting. Moved by J.Nezezon Seconded by J. Volkaert "THAT the Deputy Reeve be authorized to attend a meeting of the Aylmer Police Services Board on May 8, 1996." Disposition: Motion Carried Unanimously (b) Elgin St.Thomas Health Unit correspondence regarding rabies vaccination clinics. Moved by W. Casier Seconded by J. Volkaert "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 83 - May 2, 1996 Disposition: Motion Carried Unanimously (b) Elgin St.Thomas Health Unit correspondence regarding rabies vaccination clinics. Moved by W. Casier Seconded by J. Volkaert "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (c) Report from Chief Building Official regarding building permits issued for the month of April 1996. Moved by J. Volkaert Seconded by J. Barclay "THAT the building permits for the month of April, 1996, be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE & REPORTS (a) Frank Cowan Company Limited correspondence regarding the Township's liability insurance coverage. Moved by W. Casier Seconded by J. Nezezon "WHEREAS the Province of Ontario has indicated its intention to revise the Municipal Act; AND WHEREAS current provisions of the Municipal Act and the Occupier's Liability Act have shifted responsibility for allocating municipal resources from taxpayers and their representatives to appointed judges and have sizeably increased the financial burden on municipalities at a time of cutbacks and downsizing; THEREFORE the Council of the Township of Bayham hereby requests that the Minister of Municipal Affairs and Housing to ensure that legislative reforms to the Municipal Act and the Occupier's Liability Act are enacted so as to reduce the economic hardship faced by municipalities due to increased protection for municipal corporations; AND FURTHER that the Association of Municipalities of Ontario, the Ontario Good Roads Association and Peter North, M.F.P. Elgin, be advised accordingly." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 84 May 2, 1996 (b) Recycling Council of Ontario regarding 1996 Waste Reduction Week and request for financial assistance. Moved by W. Casier Seconded by J. Volkaert "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (c) Cheque register for the period ending April 25, 1996, and a cash requirements report for the period ending April 26, 1996. Moved by W. Casier Seconded by J. Volkaert "THAT the Cash Requirements Report for accounts for the period ending April 26, 1996, be approved for payment. AND THAT the Cheque Register of cheques issued for the period ending April 25, 1996 be approved." 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 Moved by J. Nezezon Seconded by W. Casier COUNCIL MINUTES - 85 - May 2, 1996 "THAT Council do now rise to enter into an "In Camera" Committee of the Whole session to consider a matter of property." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by W. Casier "THAT the Committee of the Whole do now rise from the "In Camera" session without reporting." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items. 12. BY-LAWS 96-26 Confirming By-law Moved by J. Volkaert Seconded by J. Nezezon "THAT by-law 96-26 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Barclay "THAT by-law 96-26 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT Moved by J. Barclay Seconded by J. Volkaert "THAT the Council meeting be adjourned." Disposition: Motion Carried Unanimously 2:::), 6.----------- ei6e-tC- REEVE ADMINISTRATOR CLERK TOWNSHIP OF BAYHAM COMNIITTEE OF ADJUSTMENT MINUTES 6:00 P.M. MAY 2, 1996 The Committee of Adjustment for the Township of Bayham met on May 2, 1996, at 6:00 p.m. in the Township Council Chambers to consider Application A/1/96. Present were Chair Joe Volkaert, Vice Chair Wayne Casier, Members Ron Chatten, Lew Acre and Secretary Treasurer Donald W. MacLeod. 1. CALL TO ORDER Chair Joe 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 Lance and Angela Cormier (agents for Ross Carson Farms Limited). 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 with respect to the application. 3. STAFF REPORT The Secretary Treasurer reviewed the application with the Committee noting it was necessary as the applicants proposed to construct a single family dwelling that would not comply with the provisions of the Agricultural (Al) Zone in By-law No. 2387. He noted the application proposed to lessen the front yard setback requirement of 15 m to 11.27 m and to lessen the rear yard setback requirement of 15 m to 5.49 m. 4. PRESENTATION BY APPLICANT Mr. &Mrs. Cormier were present and advised the Committee they concurred with the report of the Secretary Treasurer. It was their opinion this lot would be suitable for the house they planned to build. 5. PUBLIC COMMENTS The Secretary Treasurer advised the Committee there were no written objections received from any of the agencies or ministries circulated. There was no written objections for or against the application. Mr. Robert Gagnon informed the Committee he was in the process of purchasing land to the east and north of the subject property from Mr. &Mrs. Craven. He stated he was not in favour of the application. Mr. Gagnon expressed concern that septic effluent could run off on the adjacent farm property and eventually into Otter Creek. He noted that rain water run-off was already a problem with this lot and it would be exacerbated with adding a dwelling to the lot. He also expressed concern over the proximity of the proposed dwelling to the rear property line. He noted there were many large trees growing on the hill side, that could potentially fall on the proposed dwelling. He raised the issue of liability for this reason and how it could be eliminated if the Committee refused the application. Mr. John Vieraitis owner of lands the west and north of the subject lands also stated he was in opposition to the application. Mr. Vieraitis noted the adjacent farm fields are aerial sprayed and he is concerned that spray drift could affect the water supply to the proposed dwelling. He also concurred with Mr. Gagnon over the potential risk of falling trees at the rear of the subject lands. COMMITTEE OF ADJUSTMENT MINUTES MAY 2,1996 -2- 6. COMMITTEE QUESTIONS AND DISCUSSION In response to the Chair's question the Secretary Treasurer confirmed that the lot was an existing lot of record and could be built on without a minor variance if the house met all of the setback requirements. Member Lew Acre questioned whether it ws necessary to grant 2 variances when the house could be moved and only require one variance. 7. COMMITTEE ACTION Moved by Member Ron Chatten Seconded by Vice Chair Wayne Casier "THAT Application A/1/96 submitted by Lance and Angela Cormier (Ross Carson Farms Limited) concerning Part Lot 18, Concession 10 to reduce the front yard setback requirement of 15 m to 11.27 m and the rear yard setback requirement of 15 m to 5.49 m be approved." 8. ADJOURNMENT Moved by Vice Chair Wayne Casier Seconded by Chair Joe Volkaert "THAT the Committee of Adjustment meeting be adjourned." C SECRETARY TREASURER COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO JUNE 6, 1996 6:00 P.M. The regular meeting of the Council of the Township of Bayham was held at 6:00 p.m. on Thursday, June 6, 1996 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 6:03 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No member of Council made a disclosure of pecuniary interest and the general nature thereof. 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES (a) Minutes from the Regular Council meeting held May 16, 1996. Moved by J. Barclay Seconded by J. Volkaert "THAT the Minutes of the Regular Council Meeting of May 16, 1996 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 6:00 p.m. - Richard J. Chowen,Facilitator for the County of Elgin/City of St. Thomas Re-engineering Study appeared and provided Council with an overview of the study currently being done. Mr. Chowen explained that he is currently undertaking an inventory of all services and programs provided in each municipality within the County of Elgin and he was soliciting comments from area Councils concerning various matters related to service delivery, amalgamation, and views on growth potential. He urged Council Members to express their views, either collectively or individually. Reeve Chute noted that as part of the Tri-County, the Township has had a vision for orderly growth and is not favourable to permitting numerous subdivisions. He expressed concern about public accessibility to elected representatives if municipalities are made too large. He believes there is a need for a County system for the delivery of such services as social services, road standards etc. Deputy Reeve Volkaert reiterated the comments of the Reeve and added that he hoped that a one tier system would not be proposed and that the study will have regard for all townships in Elgin County. COUNCIL MINUTES - 99 - JUNE 6, 1996 4. DELEGATIONS (Continued) (a) Councillor Barclay stated that he would not like to see the area restructured on either too large or too small a scale. He commented that if Bayham Township, Vienna and Port Burwell were amalgamated, it could operate successfully and would be a reasonable size. Councillor Casier indicated that the Township of Bayham is viable and financially sound. He would prefer that the Township did not increase excessively or ratepayer representation would be decreased, Councillor Nezezon echoed the comments of Reeve Chute about the loss of access to local government by the citizens if municipalities are increased excessively. He believed the Township would provide adequate representation if localised with some of the smaller communities. The Administrator Treasurer asked about the financial implications of amalgamation. Specifically, how accumulated reserves would be dealt with and whether restructured municipalities would be required to assume debts of others. Mr. Chowen responded that most often existing reserves can be retained for use in a particular area for a specified purpose. However, he noted that existing debts would be assumed by a restructured municipality. (b) 7:10 p.m. -Dean Pressey and Harry Schipper regarding a proposed severance. Mr. Pressey indicated that he would like to sever and sell the 25 acre parcel of agriculture land to Mr. Schipper and to retain the 42.5 acres parcel where he resides. Mr. Schipper stated that he wished to purchase the property in order to gain access to his land (Lot 111), which he presently must access through a neighbour's property. Council advised Mr. Pressey that his options were limited to either submitting a rezoning application which would be refused by the Township and could proceed to the O.M.B. at the owner's request, or to reconfigure his property in order to retain a 50 acre parcel. (c) 7:30 p.m. - Glen and Brenda Babcock regarding a proposal to sever a 6-9 acre parcel consisting of 29.59 acres on the south end of Part Lot 17, Concession 3. It is the Babcock's intent to build a residence on the severed parcel fronting on Kirkland Road. which would remain as Al zoning. Mr. &Mrs. Babcock indicated that the land is not suitable for farming and is not accessible with farm machinery due to a depression in the land. Council advised Mr. &Mrs. Babcock that the only way they could sever the parcel was if it was a retirement lot which they, as owners, had farmed for ten years. It was further noted that the parcel is undersized. (d) 7:45 p.m. - Mr. Kenneth Kirby regarding a proposed rezoning of Lot 8, Concession 2 to create a retirement lot on land presently zoned Agricultural. The Clerk provided an overview of the application and stated that at the Council Meeting of May 16, 1996, Mr. Kirby had been advised that the Township had a concern about the frontage and might consider the application if it were restricted to 55 m and the remaining area separated by the stream be planted with trees. Subsequently, Mr. Kirby submitted a revised plan with a reconfigured 60 m frontage which he found necessary as a result of the conditions of the site. (e) 7:50 p.m. - Chief Building Official, Dwayne Daniel regarding Items 8.1(a), 10.1(a) and 9.1 (b). COUNCIL MINUTES - 100 - JUNE 6, 1996 4. DELEGATIONS (continued) (f) 8:32 p.m. - Mr. Jim Oliver, Long Point Conservation Authority regarding the future plan for the Conservation Authority. Mr. Oliver referred to the questionnaire included in the Authority's brochure and asked individual Councillors to rank various services provided by the Authority in priority order. He noted that the questionnaire is being circulated to every municipality in the watershed areas and to various community groups. 5. INFORMATION ITEMS Moved by W. Casier Seconded by J. Barclay "THAT Information Items 5(a)- 5(j) be received and filed." Disposition: Motion Carried Unanimously (a) Harbour Lights Community News- Issues dated May 18 and 25, 1996. (Received and Filed) (b) A.M.O. Spring Newsletter(Received and Filed) (c) Elgin-St. Thomas Health Unit about a plan to merge and restructure. (Received and Filed) (d) Recycling Council of Ontario about Waste Reduction Week-November 4-10, 1996 and extending an invitation to attend a Regional Workshop June 14, 1996 in London. (Received and Filed) (e) Municipal Alert from A.M.O. regarding Bill 20 - The Land Use Planning and Protection Act. (Received and Filed) (1) Municipal Finance Officers Association correspondence regarding Provincial Reform in Municipal Government. (Received and Filed) (g) Ministry of Municipal Affairs& Housing correspondence regarding government services. (Received and Filed) (h) Cowan News dated May 1996. (Received and Filed) (i) Ontario Good Roads Association Municipal Routes dated May 1996. (Received and Filed) (j) Long Point Region Conservation Authority circulation of minutes from a regular meeting held May 1, 1996 and a special meeting held May 21, 1996. (Received and Filed) COUNCIL MINUTES - 101 - JUNE 6, 1996 6. PLANNING & DEVELOPMENT I. CORRESPONDENCE& REPORTS (a) Notice of Ministry of Municipal Affairs Information Session on Bill 20, New Planning System to be held June 12, 1996 1:00 p.m. - 4:30 p.m., London Psychiatric Hospital- Amphitheatre, 850 Highbury Avenue. Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be received and filed; AND THAT the Administrator Treasurer& Clerk be authorized to attend." Disposition: Motion Carried Unanimously (b) Lions Club of Straffordville request for Special Occasion Permit approved by Council Resolution dated March 7, 1996 be amended from August 9 and 10, 1996 to July 19 and 20, 1996. Moved by J. Barclay Seconded by J. Volkaert "THAT the Resolution enacted by the Council of the Corporation of the Township of Bayham on March 7, 1996 regarding the issuance of Special Occasion Permits to the Straffordville Lions Club for a softball tournament be amended by deleting reference to August 9 and 10, 1996 and substituting the dates July 19 and 20 therefor." Disposition Motion Carried Unanimously (c) Lions Club of Straffordville request for Special Occasion Permit for a SloPitch Tournament on July 19& 20, 1996 and the Annual FastBall Tournament to be held July 5, 6 and 7, 1996. Moved by W. Casier Seconded by J. Barclay "THAT the Council of the Corporation of the Township of Bayham has no objection to the issuance of Special Occasion Permits to the Straffordville Lions Club for a SloPitch Tournament on July 29 and 20, 1996 and Annual FastBall Tournament to be held July 5, 6 and 7, 1996." Disposition Motion Carried Unanimously (d) Correspondence from the County of Elgin and City of St. Thomas Re-engineering Study. Moved by W. Casier Seconded by J. Volkaert "THAT the correspondence be received and filed" Disposition: Motion Carried Unanimously COUNCIL MINUTES - 102 - JUNE 6, 1996 2. UNFINISHED BUSINESS (a) Rezoning Application by Kenneth &Norma Kirby re: Lot 8, Concession 2 which was deferred at the Council Meeting of May 16, 1996. Moved by W. Casier Seconded by J. Barclay "THAT the application of Kenneth & Norma Kirby for an amendment to the Township Zoning By-law to change the zoning on Lot 8, Concession 2 from Agricultural (Al) to permit a retirement lot, having been amended to reflect a 60m frontage as shown on the revised plan be accepted and forwarded to the Township planning consultant for by-law preparation." Disposition: Motion Carried Unanimously (b) Application submitted by George&Margaret Gilvesy for an amendment to the Township Zoning By-law to change the zoning on Part Lot 22, Concession 8 from Future Development (Ell) to Hamlet Residential (HR). Moved by J. Volkaert Seconded by J. Barclay "THAT Council's decision of May 16, 1996 be confirmed that Spreit Associates, London Limited, Township Engineering Consultant assess property known as Part Lot 22, Concession 8 for drainage requirements in connection with a zoning by-law amendment by George and Margaret Gilvesy; AND THAT a further report be made to council prior to by-law approval." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS No Items 4. PUBLIC MEETINGS None 7. ROADS, AGRICULTURE & DRAINAGE I. CORRESPONDENCE& REPORTS (a) Request to make available to the public a copy of the County of Elgin Road Service Standards By-law. COUNCIL MINUTES - 103 - JUNE 6, 1996 1. CORRESPONDENCE& REPORTS(continued) (a) Moved by W. Casier Seconded by J. Barclay "THAT the correspondence be received and filed and a copy of the County of Elgin Road Service Standards By-law be available in the Township Office for review by the public." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) Reeve Chute asked the Administrator Treasurer if an engineer had been asked to look at an erosion problem at Lot 20, Concession 8 (Albert White). She responded that Spriet Associates London Limited had agreed to prepare a plan at a cost of between$1,500 - 2,000 to be presented to Council for disposition. Moved by J. Nezezon Seconded by W. Casier "THAT Spriet Associates London Limited be requested to prepare a plan at a cost not to exceed $2,000 addressing the erosion problem at Lot 20, Concession 8 (Albert White)." Disposition: Motion Carried Unanimously 8. PROPERTY, BUIDING & PROTECTIVE SERVICES 1. CORRESPONDENCE& REPORTS (a) Report recommending approval of list of building permits for the month of May, 1996.. Moved by W. Casier Seconded by J. Nezezon "THAT the building permits for the month of May 1996 be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items COUNCIL MINUTES - 104 - JUNE 6, 1996 9. FINANCE,ADMINISTRATION& PERSONNEL 1. CORRESPONDENCE& REPORTS (a) Correspondence from Canada Post requesting nominations for "Flight for Freedom" Awards. Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (b) Correspondence from the City of Timmins requesting financial assistance for the Timmins Flood Disaster Fund. Moved by I Volkaert Seconded by J. Barclay "THAT a $500 donation be forwarded to the Timmins Flood Disaster Fund." Disposition: Motion Carried (c) Cheque registers for the periods ending May 9, 1996, May 14, 1996 and May 21, 1996 and cash requirements report of accounts for the period ending June 4, 1996. Moved by J. Volkaert Seconded by W. Casier "THAT the Cash Requirements Report for accounts for the period ending June 4, 1996 be approved for payment; AND THAT the Cheque Register for the periods ending May 9, 1996,May 14, 1996 and May 21, 1996 be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 10. ENVIRONMENT 1. CORRESPONDENCE& REPORTS (a) Report from Township By-law Enforcement Officer regarding illegal dumping of garbage. COUNCIL MINUTES - 105 - JUNE 6, 1996 Moved by J. Barclay Seconded by J. Volkaert 1. CORRESPONDENCE& REPORTS(continued) (a) "THAT the correspondence be received and filed." Disposition_ Motion Carried Unanimously (b) Elgin/St. Thomas Health Unit correspondence regarding a development freeze in the hamlet of Straffordville. Moved by J. Volkaert Seconded by J. Barclay "THAT the correspondence from the Elgin/St. Thomas Health Unit regarding a development freeze in the hamlet of Straffordville be deferred pending a further report from staff resulting from discussion with the Health Unit about the issue." Disposition: Motion Carried Unanimously (c) Correspondence from Long Point Region Conservation Authority regarding programs and services. Moved by J. Volkaert Seconded by K. Barclay "THAT the Long Point Region Conservation Authority questionnaire be circulated to all Council Members for completion; AND THAT the Clerk be directed to collect the questionnaires and return them to the Conservation Authority." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS The Administrator Treasurer advised Council that the Township was considering the idea of holding a "Free Clean Up Day" or "Dump Day". She had discussed this idea with the villages of Vienna and Port Burwell who were keen on the proposal. However, her concern was the congestion that may be caused at the Transfer Station with only a one day clean up. She suggested Council consider holding a "Hazardous Waste Day" as an alternative which would be an opportunity for residents to dispose of their household hazardous waste. Council stressed that the event should be scheduled as soon as possible prior to July 1, 1996. It was also suggested that a second one be scheduled in the Fall. COUNCIL MINUTES - 106 - JUNE 6, 1996 3. OTHER BUSINESS(continued) Moved by W. Casier Seconded by J. Nezezon "THAT staff be directed to organise a "Hazardous Waste Day" to be held no later than June 30, 1996; AND THAT the specifics be advertised in the local newspapers and through printed hand outs." Disposition: Motion Carried Unanimously 11. COMMITTEE OF THE WHOLE 1. CORRESPSONDENCE& REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items At this point, Council received oral oaths from Lynn S. Buchner, Administrator Treasurer and Maureen Beatty, Clerk,pursuant to the provisions of Section 94 of the Municipal Act, RS.O. 1990, Chapter M-45. 12. BY-LAWS 96-32 A By-law to appoint Lynn S. Buchner as Administrator Treasurer pursuant to Sections 72& 77(1) of the Municipal Act, R.S.O. 1990, Chapter M.45, as amended. 96-33 A By-law to appoint Maureen Beatty as Clerk pursuant to Section 73(1) of the Municipal Act, R.S.O. 1990, Chapter M-45, as amended. 96-36 Confirming By-law Moved by J. Nezezon Seconded by W. Casier "THAT By-laws 96-32 and 96-33 be read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Nezezon Seconded by W. Casier COUNCIL MINUTES - 107 - JUNE 6, 1996 12. BY--LAWS(continued) "THAT By-laws 96-32 and 96-33 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Nezezon "THAT By-law 96-36 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Nezezon Seconded by W. Casier "THAT By-law 96-36 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT Moved by J. Nezezon Seconded by W. Casier "THAT the Council Meeting be Adjourned at 9:50 p.m." Disposition: Motion Carried Unanimously REEVECLERK SPECIAL COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO JUNE 19, 1996 1:30 P.M. The Special Meeting of the Council of the Township of Bayham was held at 1:30 p.m. on Wednesday, June 19, 1996 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 1:30 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Reeve Chute declared a disclosure of pecuniary interest and the nature thereof with respect to Item 3 (d) as he and his wife are the applicants for a severance. Reeve Chute left the room and refrained from discussion and voting on the item. No other member of Council made a disclosure of pecuniary interest. 3. ITEMS CONSIDERED County of Elgin Land Division Committee Notices of Public Meetings regarding the following applications: (a) Application#E 52/96 by James& Craig Howe, Part Lot 16& 17, Concession 3. File: D.9.2.79 Council noted that the application does not conform with the Township Zoning By-law requirements with respect to minimum lot area and minimum lot frontage. Moved by W. Casier Seconded by J. Nezezon "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends refusal of Application #E 52/96 as the application does not conform with the Township Zoning By-law requirements with respect to Minimum Lot Area and Minimum Lot Frontage; AND THAT the Township would not be prepared to approve a rezoning application as per the current application for severance." Disposition: Motion Carried Unanimously SPECIAL COUNCIL MINUTES 110 JUNE 19, 1996 3. I'T'EMS CONSIDERED (continued) (b) Application#E 55196 by Kenneth&Norma Kirby, Part Lot 8, Concession 2. File: D.9.2.81 Council noted that the Land Division Committee should be aware of the revised sketch submitted by Mr. & Mrs. Kirby with their rezoning application to reflect a reconfigured 60 m frontage. Moved by W. Casier Seconded by J. Nezezon "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends approval of Application # E 55/96 subject to the following conditions: 1. That the applicant make a $500 cash payment in lieu of parkland dedication to the Township. 2. That approval should be subject to zoning approval. 3. That the configuration of the land shall be in accordance with the revised plan submitted by the applicant for rezoning to reflect a reconfigured 60 m frontage." Disposition: Motion Carried Unanimously (c) Application#E 57196 by G. Neal Procunier, Part Lot 114, Concession NTR. File: D.9.2.48 Council noted that the barns which are located within 500 m of the subject land should be removed. Moved by J. Barclay Seconded by J. Volkaert "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends approval of Application # E 57/96, recognizing a reduced frontage of 47.25 m subject to the following conditions: 1. That the applicant make a $500.00 cash payment in lieu of parkland dedication to the Township. 2. That the barns located within 500 m of the subject land be removed." Disposition: Motion Carried Unanimously SPECIAL COUNCIL MINUTES 111 JUNE 19, 1996 3. ITEMS CONSIDERED (continued) (d) Application#E 58/96 by D. Vane& Carol B. Chute, Part Lot 25, Concession 3, File: D.9.2. Council noted that the existing barn and greenhouse foundation must be removed. Moved by J. Barclay Seconded by W. Casier "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends approval of Application No. E 58/96 subject to the following conditions: 1. That the applicant make a $500 cash payment in lieu of parkland dedication to the Township. 2. That the existing barn and greenhouse foundation be removed." Disposition: Motion Carried Unanimously (e) Application#E 59/96 by Douglas A. & Carolyn G. Dennis, Part Lot 6, Concession 3, File: D.9.2. Moved by J. Volkaert Seconded by J. Barclay "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends approval of Application # E 59/96 subject to the following condition: 1. That the applicant make a $500 cash payment in lieu of parkland dedication to the Township." Disposition: Motion Carried Unanimously (f) Application#E 62/96 by Robert &Hilary Roose, Part Lot 24, Concession 9. File: D.9.2.80 Council noted that the subject property should be rezoned to Hamlet Residential (HR). Moved by J. Nezezon Seconded by W. Casier "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends approval of Application # E 62/96 subject to the following conditions: 1. That the applicant make a $500 cash payment in lieu of parkland dedication to the Township. 2. That the application be subject to rezoning to Hamlet Residential (HR)". Disposition: Motion Carried Unanimously SPECIAL COUNCIL MINUTES 112 JUNE 19, 1996 4. ADJOURNMENT Moved by J. Volkaert Seconded by J. Barclay "THAT the Council meeting be adjourned at 4:00 p.m." Disposition: Motion Carried Unanimously REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO June 20, 1996 7:06 p.m. The regular meeting of Council of the Township of Bayham was held at 7:06 p.m. on Thursday, June 20, 1996 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 7:06 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND TILE GENERAL NATURE THEREOF No member of Council made a disclosure of pecuniary interest and the general nature thereof. 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES (a) Minutes from the regular Council Meeting held June 6, 1996. Moved by J.Nezezon Seconded by W. Casier "THAT the Minutes of the Regular Council Meeting of June 6, 1996 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:07 p.m. -Mr.Paul DePlancke appeared and requested consideration for the severance of a second lot shown as Part 1,Part Lot 16, Concession 8. He noted that Part 1 is 4.54 acres and the rest is gully. He subsequently submitted a rezoning application to Council. He was advised that the Clerk was seeking an opinion and interpretation from the Township's planning consultant in this regard. (b) 8:00 p.m. -Mr. GeorEe Gilvesy and Mr. John Spriet, Spriet and Associates appeared and discussed the grading and drainage plan submitted by Mr. Gilvesy with regard to Part Lot 22, Concession 8. After considerable discussion, it was agreed that the preferred solution to future drainage problems would be the installation of a municipal drain pursuant to the Drainage Act which would present a cost sharing for benefiting property owners. The Administrator Treasurer agreed to provide Mr. Gilvesy with a Municipal Drain Petition Document in order to commence the process. Additionally,Mr. Spriet agreed to "Redline" the grading and drainage plan to show how drainage will be resolved. SEE ITEM 6.2 (a) COUNCIL MINUTES 113 JUNE 20, 1996 4. DELEGATIONS: (continued) (c) 9:25 p.m. -Road Superintendent Bob Bartlett regarding Item 7.1 (a). 5. INFORMATION ITEMS Moved by J.Nezezon Seconded by W. Casier "THAT Information Items 5(a)-5(f) be received and filed." Disposition; Motion Carried Unanimously (a) Ministry of Municipal Affairs letter outlining recommendations to be taken into consideration by municipalities regarding the 9-1-1 System.(Received and Filed) File: P11.4 (b) Ministry of Economic Development Trade and Tourism business plan.(Received and Filed) File: D6.1 (c) Environmental Newsletter No.21 from Green Lane Landfill dated June 1996. (Received and Filed) File: D3.1 (d) Elgin Community Partnership letter advising of their 2nd Annual Meeting on Monday, June 10, 1996 and seeking membership.(Received and Filed) File: A16.2 (e) Municipal Alert from A.M.O. regarding 1996 Police Summit held June 8 and 9, 1996. (Received and Filed) File: A1.2 (f) Emergency Measures Ontario Newsletter No.2, Spring 1996. (Received and Filed) File: P02 &P2.1 6. PLANNING,DEVELOPMENT &RECREATION 1. CORRESPONDENCE&REPORTS (a) Report from the Township Clerk advising of new planning procedures and Provincial Policy Statements. File: A16.7 113 COUNCIL MINUTES 114 JUNE 20, 1996 6. PLANNING,DEVELOPMENT &RECREATION 1. (a) CORRESPONDENCE &REPORTS(continued) Moved by W. Casier Seconded by J.Nezezon "THAT the Staff Report regarding new planning procedures and Provincial Policy Statements be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Discussion about Grading and Drainage Plan submitted by Mr. George Gilvesy concerning his zoning by-law amendment to change the zoning on Part Lot 22, Concession 8 from Future Development(FD)to Hamlet Residential(HR). Moved by J. Volkaert Seconded by J. Barclay "THAT staff be directed to provide Mr. George Gilvesy with a petition for a Municipal drain to be constructed in accordance with the "redlined" revisions on the grading and drainage plan recommended by John Spriet; AND THAT the applicant be directed to provide the Township with a copy of the revised plan." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS (a) J. Volkaert enquired about the status of the gate installation at the Straffordville Ball Park. The Administrator Treasurer was asked to pursue this matter with the Chief Building Official. Discussion ensued regarding vehicles entering the ball park via the east gate. The Administrator Treasurer reported that a resident advised her of a concern about the coarse gravel which has been laid on the baseball diamond and a low area between the pitcher's mound and first base that holds water at the Richmond Park. It was agreed that the Administrator Treasurer put these concerns in writing to the Recreation Board for discussion at their next meeting. (b) The Clerk announced that Official Plan Amendment No. 101 to change the land use designation on a parcel of land from "Agriculture" to "Rural Estate Residential" as applied for by Wray&Deniece Lounsbury received Ministry approval. 114 COUNCIL MINUTES 115 JUNE 20, 1996 4. PUBLIC MEETINGS 1. Call to Order Moved by J. Barclay Seconded by J.Nezezon "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 2. Disclosure of pecuniary interest and general nature thereof No member of Council made a disclosure of pecuniary interest and the general nature thereof. 3. Applications (a) An application submitted by New Hope Baptist Church(Chris Rosehart) for an amendment to the Township Zoning By-law to change the zoning on Lot 18, Concession 10 to add a special HWC-2 zone to the existing Highway Commercial in order to permit the establishment of a church and a school for a three year period of occupancy. 4. Staff Report The clerk reviewed the application with Council noting that the applicant is proposing to change the zoning on a parcel of land comprising of approximately 0.7 hectare(1.8 acres) situated on the north side of Highway No. 3. More particularly,Part Lot 18, Concession 10 from Highway Commercial to Highway Commercial HWC-2 in order to permit the establishment of a church and a school for a three year period of occupancy in accordance with Section 7.15 of the Official Plan which permits Temporary Use By-laws. 5. Presentation by Applicant Pastor Friesen was present and asked about the letter of conditions submitted to the Township from the Ministry of Transportation. The Clerk assured Pastor Friesen that a copy of the letter would be forwarded to him the next morning. She then explained the process for notice of passing of by-law and the appeal period. 6. Public Comments No member of the public appeared to comment on the application. The Elgin St. Thomas Health Unit replied with no objection. The Ministry of Transportation replied with no objections if the applicant meets the following requirements: • access will be restricted via the municipal sideroad and existing access onto Highway No. 3 must be closed and physically removed; • all new buildings and structures must be set back a minimum distance of 13.7m(45 feet)from the highway property line; • prior to any construction being undertaken, building/land use and sign permits will be required from the Ministry; • a drainage plan will be required to be submitted to the Ministry. 115 COUNCIL MINUTES 116 JUNE 20, 1996 6. PLANNING &DEVELOPMENT PUBLIC MEETINGS(continued) 7. Council Questions and Comments There were no questions from Council. (b) An application submitted by Robert and Joan Gregson for an amendment to the Township Zoning By-law to change the zoning on Part Lots 16 and 17, South Gore from Agricultural (Al)to Farm Industrial (Mi). 4. Staff Report The Clerk reviewed the application with Council. The purpose of the application is to change the zoning on a parcel of land comprising approximately 1.2 hectares (3.1 acres) situated in Part Lots 16 and 17, South Gore from Agricultural (Al) Zone to Farm Industrial (MI)Zone. The effect of the by-law will be to enlarge an existing Farm Industrial(MI)Zone to correspond with the existing boundaries of the Norfolk Co-op Property. 5. Presentation by Applicant The applicant was present but did not address Council. 6. Public Comments No member of the public appeared to comment on the application. The Elgin St. Thomas Health Unit replied with no objection to the proposal however, if any structures are proposed and plumbing facilities are required,the property will have to provide the Health Unit with a site plan showing: • the results of a soil cut and soil percolation test conducted by a competent person; • that there is a level land area(free of trees)of sufficient size to contain both a leaching bed(designed for the intended farm industrial use) and an adjacent area of equal size for the replacement of the leaching bed. 7. Council Questions and Comments There were no questions or comments from Council. 8. Adjournment Moved by J. Barclay Seconded by J.Nezezon "THAT the public meetings be adjourned." Disposition: Motion Carried Unanimously 116 COUNCIL MINUTES 117 JUNE 20, 1996 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE& REPORTS (a) Moved by J.Nezezon Seconded by J. Barclay "THAT the Staff Report regarding Road Department Activities be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS (a) John Spriet provided Council with a verbal update on the Casier Drain issue. He suggested that a site plan meeting should be arranged shortly and affected property owners invited to discuss the preferred proposal to resolve the matter. 8. PROPERTY,BUILDING & PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Semi-Annual Report of the Fire Chief for the period December 9, 1995 to May 28, 1996. File: P12.1 Moved by J. Barclay Seconded by J.Nezezon "THAT the Semi-Annual Report of the Fire Chief for the period December 9, 1995 to May 28, 1996 be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Request from Mrs. Rose Pihokker regarding trees at Stanton Cemetery. File: S4.2 Moved by J.Barclay Seconded by J.Nezezon "THAT the correspondence from Mrs.Rose Pihokker regarding trees at Stanton Cemetery be received and filed." Disposition: Motion Carried 117 COUNCIL MINUTES 118 JUNE 20, 1996 8. PROPERTY,BUILDING&PROTECTIVE SERVICES (continued) 3. OTHER BUSINESS (a) The Administrator Treasurer reported that Hendriks Construction,Inc. contractor for the Township Office renovations, wishes to be paid the balance of fees owing. However, as a result of an inspection performed June 14, 1996 by Spriet Associates,the following deficiencies were identified: • automatic Front Door Switch • carpet seams • exterior window caulking • mechanical damper missing in air conditioning unit • air balancing • wallpaper in Council Chambers bubbling • flickering light in vault Moved by J. Volkaert Seconded by W. Casier "THAT final payment to Hendriks Construction Inc. be withheld until Township Office Building deficiencies identified in the letter dated June 17, 1996 from Spriet Associates, Township Engineer, are resolved to Council's satisfaction." Disposition: Motion Carried Unanimously 9. FINANCE,ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE& REPORTS (a) Correspondence from the Township of South Dumfries requesting financial assistance for the South Dumfries Disaster Relief Fund. File: F27.2 Moved by W. Casier Seconded by J. Volkaert "THAT the correspondence be received and filed.." Disposition: Motion Carried Unanimously (b) Cheque registers for the periods ending June 14 & 18, 1996 and cash requirements report of accounts for the period ending June 18, 1996. File: F10.3 Moved by J. Volkaert Seconded by W. Casier "THAT the Cash Requirements Report for account for the period ending June 18, 1996 be approved for payment; AND THAT the Cheque Register for the periods ending June 14 & 18, 1996 be approved." Disposition: Motion Carried Unanimously 118 COUNCIL MINUTES 119 JUNE 20, 1996 9. FINANCE,ADMINISTRATION &PERSONNEL (continued) 1. CORRESPONDENCE& REPORTS (c) Correspondence from the Village of Port Burwell seeking a donation for their Market Square Beautification Program. File: F27.2 Moved by W. Casier Seconded by J.Volkaert "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (d) Staff Report recommending the appointment of the Municipal Auditor. File: F27.2 Moved by J. Volkaert Seconded by W. Casier "THAT THE Staff Report regarding the appointment of the Municipal Auditor be accepted; AND THAT By-law No. 96-37 be given three readings to appoint Doane Raymond Chartered Accountants as the auditor for the Township for the 1996 fiscal year." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items 3. OTHER BUSINESS (a) The Administrator Treasurer advised Council of a suggestion made by Gerry Taylor regarding preserving of original railway spikes from the Canadian Pacific Rail Line which have been removed. Specifically,he is aware of a firm in Tennessee who polishes the spikes and designs them into a knife at a cost of $150.00. Council received and filed the suggestion. 10. ENVIRONMENT 1. CORRESPONDENCE& REPORTS (a) No items. 119 COUNCIL MINUTES 120 JUNE 20, 1996 10. ENVIRONMENT (continued) 2. UNFINISHED BUSINESS (a) Staff Report from the Administrator Treasurer about correspondence dated May 22, 1996 from the Elgin/St. Thomas Health Unit. File: F3.1 Moved by J. Volkaert Seconded by J.Nezezon "THAT a copy of the May 27, 1996 letter addressed to the Ministry of Environment and Energy be sent to the Elgin/St. Thomas Health Unit for further clarification and direction." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS (a) The Administrator Treasurer reported that pursuant to Council's direction, Saturday, June 29, 1996 is "Hazardous Waste Day" at the Transfer Station and flyers will be posted in Port Burwell, Vienna and Straffordville. Further,notices will appear in the Aylmer and Tillsonburg newspapers. 11. COMMITTEE OF THE WHOLE Moved by J. Volkaert Seconded by J. Barclay "THAT Council do now rise to enter into an "In Camera" Committee of the Whole session to discuss a personnel matter of the Municipality." Disposition: Motion Carried Unanimously I. CORRESPONDENCE (a) "Verbal report from the Administrator Treasurer regarding a personnel matter." 2. UNFINISHED BUSINESS No item 3. OTHER BUSINESS No item Moved by J. Volkaert Seconded by J. Barclay "THAT the Committee of the Whole do now rise from the "ln Camera" Session without reporting." Disposition: Motion Carried Unanimously 120 COUNCIL MINUTES 121 JUNE 20, 1996 12. BY-LAWS Z362-96 To authorize a Temporary Use on Part Lot 18, Concession 10 to permit the establishment of a church and school for a three year period-New Hope Baptist Church. Z363-96 To rezone Part Lots 16 and 17, South Gore from Agricultural(Al)to Farm Industrial(MI) - Robert&Joan Gregson Z361-96 To rezone Part Lot 22, Concession 8 from Future Development(FD)to Hamlet Residential(HR) - George &Margaret Gilvesy Z357-96 To rezone Part Lot 5, Concession 2 from Agricultural(Al)to Special Agricultural(A1-64)to permit the establishment of a saw milling operation- Jack&Bonnie Abell 96-37 To appoint a Municipal Auditor for the 1996 fiscal year. 96-38 To temporarily close Tollgate Road from Heritage Line to Black Bridge Line for the purpose of cinematography. 96-39 To authorize the Reeve and Clerk to enter into a Site Plan Agreement with John&Lauren Nasswetter. 96-40 Confirming By-law(June 19, 1996 Special Meeting) 96-41 Confirming By-law(June 20, 1996 Regular Meeting) Moved by J. Volkaert Seconded by J.Barclay "THAT By-laws Z361-96,Z362-96,Z363-96, 96-37,96-38 and 96-39 be read a first and second time. Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by W. Casier "THAT By-laws Z361-96,Z362-96,Z363-96,Z357-96, 96-37, 96-38 and 96-39 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Volkaert "THAT By-law 96-40 be taken as read a first and second time." Disposition:, Motion Carried Unanimously 121 COUNCIL MINUTES 122 JUNE 20, 1996 12. BY-LAWS (continued) Moved by W. Casier Seconded by J. Volkaert "THAT By-law 96-40 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT Moved by W. Casier Seconded by J. Volkaert "THAT the Council Meeting be Adjourned at 10:46 p.m." Disposition: Motion Carried Unanimously 7))/10,Z---WA REEVE CLERK 122 TOWNSHIP OF BAYHAM COMMITTEE OF ADJUSTMENT MINUTES 6:00 P.M. JULY 18,1 996 The Committee of Adjustment for the Township of Bayham met on July 18,1996, at 6:00 p.m. in the Township Council Chambers to consider Application A/2/96. Present were Chair Joe Volkaert,Vice Chair Wayne Casier, Members Ron Chatten, Lew Acre, Rose Laemers and Secretary Treasurer Maureen Beatty. 1. CALL TO ORDER Chair Joe 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 Pete Harder (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 with respect to the application. 3. STAFF REPORT The Secretary Treasurer reviewed the application with the Committee noting it was necessary as the applicants proposed to construct a single family dwelling that would not comply with the provisions of the Rural Residential (RR-20) Zone in By-law No. 2387. He noted the applicant proposed to lessen the front yard setback requirement of 15 m to 13 m. She noted that although it would appear from the plan that the lot could accommodate the proposed dwelling with the required front and year yard depths, she had been advised by the applicant's agent that the lot is irregular and narrows at the point where the house will be constructed. 4. PRESENTATION BY APPLICANT Mr. Abe Fehr and his Agent,Pete Harder were in attendance. Mr. Fehr responded to a question of the Committee that the proposed house size of 32 feet by 66 feet would now permit a 15 m front yard depth because of the irregular shape of the lot. 5. PUBLIC COMMENTS The Secretary Treasurer advised the Committee there were no written objections received from any of the agencies or ministries circulated. There were no written objections for or against the application. 6. COMMITTEE QUESTIONS AND DISCUSSION In response to the Chair's question,the Agent responded that the purpose of reducing the front yard as opposed to the rear yard is to create a bit more back yard and because of the appearance of lot,the dwelling will be well set back from the roadway. Member Ron Chatten expressed concern about only reducing the front yard. The Committee Members discussed the issues of compatibility with adjoining properties in terms of setbacks. COMMITTEE OF ADJUSTMENT MINUTES JULY 18,1996 -2- 7. COMMITTEE ACTION Moved by Member Rose Laemers Seconded by Vice Chair Wayne Casier "THAT Application A/2/96 submitted by Pete Harder,Agent for Abe and Anna Fehr to reduce the front yard setback requirement of 15m to 13m concerning Part Lot 15, Concession 4, be refused." S. ADJOURNMENT Moved by Vice Chair Wayne Casier Seconded by Member Ron Chatten "THAT the Committee of Adjustment meeting be adjourned at 6:24 p.m." /1411 044AA•evi ;#1, SECRETARY TREASURER COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO July 4, 1996 7:00 p.m. The regular meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday, July 4, 1996 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 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councilor Casier made a disclosure of pecuniary interest and the general nature thereof with respect to Item 7.1 (a). No other member of Council made a disclosure of pecuniary interest and the general nature thereof 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES (a) Minutes from the special Council Meeting held June 19, 1996 and regular Council Meeting held June 20, 1996. Moved by W. Casier Seconded by J. Barclay "THAT the Minutes of the Special Council Meeting held June 19, 1996 and the Regular Council Meeting held June 20, 1996 be adopted." Disposition: Motion Carried Unanimously W. Casier enquired about the severance applications considered by Council at the June 19th special meeting and asked if they had been approved by the County of Elgin Land Division Committee. The Clerk advised that all applications had been approved subject to the conditions required by the Township. However, the application submitted by James& Craig Howe had been approved contrary to the Township's recommendation of refusal_ J. Nezezon enquired about the status of the Planning Consultant's position with regard to the request by Mr. Paul DePlancke to sever a second lot. The Clerk advised that a response had not yet been received from Cumming Cockburn Limited. 4. DELEGATIONS (a) 7:52 p.m. -Mr. Robert Ketchabaw and two neighbours appeared to request Council's consideration to enact a noise by-law. He read a prepared brief describing a recent occurrence in the Village of Eden where a bush party took place involving underage drinking and rowdiness which resulted in a response by the O.P.P. Mr. Ketchabaw stressed the need for a noise by-law which should include a fine sufficient enough to deter disregard for the law. COUNCIL MINUTES - 124 - JULY 4, 1996 4. DELEGATIONS (continued) Council advised Mr. Ketchabaw that this matter will be discussed with the O.P.P. and Council will consider other sources of information in order to determine the effectiveness of such a by-law and enforcement issues. (b) 8:22 p.m.-Mr. Kevin Mclmurrav, Spriet and Associates appeared and discussed the action taken by Council at its previous meeting to withhold the final payment to Hendiiks Construction Inc. until the Township Office Building Renovation deficiencies are resolved. He added that the payment cannot legally be withheld, and the subcontractors must be paid, however,the progress payment could be withheld similarly. SEE ITEM 9.3 (a) (c) 8:38 p.m.- Mr. Jack Petrie appeared and asked Council for preliminary comments on two possible severance applications. Firstly, clients of his,Marc and Jacqueleen Vezina, owners of Mares Gas Bar & Variety propose to split the food booth and sell that portion of the property while retaining the variety store. He indicated that the property is currently zoned Hamlet Commercial and they will have a 42.67m frontage. Council advised that they would require additional information and a sketch showing side yard and front yard setbacks in order to comment further. He asked if his clients would be required to pay the $500 park dedication fee. Council advised that the park dedication fee would apply. Secondly, another client has received an offer for his property, however, the purchaser does not want the only house on the property_ He asked if Council would agree to his client severing the farm and retain the lot with the house. Mr. Petrie was advised that Council is not in agreement with such action as it would set a dangerous precedent and was not in keeping with the Township official plan policy. (d) 9:10 p.m. -Chief Building Official Dwayne Daniel regarding Items 7.1 (a), 7.1 (b)and 8.1 (a). 5. INFORMATION ITEMS Moved by J. Barclay 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 News Release dated June 18, 1996 about the Ontario Works Program. (Received and Filed) File: A16.1 (b) The Learning Partnership correspondence about the "Take the Kids to Work Program,November 6, 1996. (Received and Filed) File: SO (c) Township of Edwardsburgh correspondence advising of a Council Resolution about their dissatisfaction with the lack of representation of rural municipalities on the panel to review roles and responsibilities of provincial and municipal governments. (Received and Filed) File: A16.2.1 COUNCIL MINUTES - 125 - JULY 4, 1996 5. INFORMATION ITEMS (continued) (d) Ministry of Attorney General correspondence regarding Ontario Court Facilities. (Received and Filed) File: A16.1 (e) Township of Malahide Correspondence advising of the appointment of their new Road Superintendent. (Received and Filed) File: C9.1 (f) Staff Report regarding New Property Tax Assessment Proposal. (Received and Filed) File: F22.1 (g) Ministry of Municipal Affairs&Housing correspondence regarding municipal restructuring regulations under the Savings and Restructuring Act. (Received and Filed) Files: A16.7& A16.2.1 (h) Ontario Clean Water Agency quarterly publication. (Received and Filed) File: E8.1 (i) Ontario Clean Water Agency Correspondence regarding comprehensive corporate reorganization. (Received and Filed) File: E5.3.1 6. PLANNING,DEVELOMENT& RECREATION 1. CORRESPONDENCE&REPORTS (a) It was agreed by Council that consideration of various severance applications which will be dealt with by the Land Division Committee on July 25, 1996 be deferred until the next meeting on July 18, 1996. 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) Rezoning Application submitted by K. C. Emerson Enterprises Inc. and Jerry Seghers Real Estate to rezone Park Lot 2, Concession 3 from Agriculture to permit residential use. File: D13.1.52 COUNCIL MINUTES - 126 - JULY 4, 1996 6. PLANNING,DEVELOMENT & RECREATION(continued) Moved by W. Casier Seconded by J. Barclay "THAT the application submitted by K. C. Emerson for K.C. Emerson Enterprises Limited and Jerry Seghers Real Estate to rezone property known as Park Lot 2, Registered Plan 17 (west of Plank Road and east of Centre Street) to permit residential use be accepted and forwarded to the Township's Planning Consultant for by-law preparation; AND THAT at the request of the applicant,the rezoning of the subject lots be removed from the current application submitted by Mr. J. Wiggers as file PZ.1.2.1." Disposition: Motion Carried Unanimously (b) W. Casier introduced the matter of the closure of the east gate at the Straffordville Ball Park in order to prevent vehicles from parking in the park area. Moved by J. Barclay Seconded by J. Volkaert "THAT the Recommendation of the Recreation Board concerning the closure of the east gate be approved." Disposition: Motion Carried Unanimously (c) The Administrator Treasurer indicated that John Spriet had delivered to the Township Office a sample of a 4ft X 3.5 ft map which had been prepared for the Township of South West Oxford. She indicated that the cost of preparing a similar map for Bayham Township would be $175.00 not including gst. Council deferred consideration of the request at this time. 4. PUBLIC MEETINGS 1. Call to Order Moved by W. Casier 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 2. Disclosure of pecuniary interest and general nature thereof No member of Council made a disclosure of pecuniary interest and the general nature thereof. COUNCIL MINUTES - 127 - JULY 4, 1996 4. PUBLIC MEETINGS(continued) 3. Application (a) An application submitted by Kenneth&Norma Kirby for an amendment to the Township Zoning By-law to change the zoning on a parcel of land comprising approximately 0.7 hectares (1.8 acres) situated in Part Lot 8, Concession 2 from Agricultural(A1)Zone to the Rural Residential(RR)Zone. File: D13.1.51 4. Staff Report The Clerk reviewed the application with Council noting that the applicant is proposing to change the zoning on a parcel of land comprising of approximately 0.7 hectare(1.8 acres) situated in Part Lot 8, Concession 2 from Agricultural (Al) Zoning to the Rural Residential (RR)Zone. The effect of this by-law will be to facilitate the creation of a rural residential lot for retirement purposes. She noted that the proposal requires a site specific amendment. Further, zoning regulations for Rural Residential requires a minimum Lot Area of 0.4 ha and a minimum frontage of 50 m. 5. Presentation by Applicant The applicant did not make a presentation. 6. Public comments No member of the public appeared to comment on the application. The Elgin St. Thomas Health Unit replied that they would require the applicant to satisfy the following: ! submit a site plan showing results of a soil cut and percolation test • ensure 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 a leaching bed. 7. Council Questions and Comments There were no questions or comments from Council. 8. Adjournment Moved by J. Barclay Seconded by W. Casier "THAT the public meeting be adjourned." Disposition: Motion Carried Unanimously 7. ROADS,AGRICULTURE & DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Chief Building Official Dwayne Daniel provided a verbal report on the public meeting held July 2, 1996 with residents concerning the Casier Drain. He indicated the meeting was well attended by ten residents who were provided with the details of the proposal. He stated that Bill Rimnyak and K. C. Emerson requested a day to decide on their preference between a drain or an open ditch. He later confirmed that Spriet and Associates did receive confirmation that Mr. Rimnyak and Mr. Emerson had agreed to proceed with a drain at an estimated cost of$13,500 including engineering fees. COUNCIL MINUTES - 128 - JULY 4, 1996 7. ROADS,AGRICULTURE & DRAINAGE (continued) He noted that to obtain a contractor for the works, tenders would be requested for submission to Council by July 18, 1996. The Administrator Treasurer indicated that although Mr. Rimnyak and Mr. Emerson would be paying for the works, it was made clear to the residents in attendance that they would be responsible for future maintenance of the drain. (h) Chief Building Official Dwayne Daniel advised Council that the Township received a written request from Scott&Ruthanne Kristensen to relocate a drain on their property known as Part Lots 23 & 24, Concession 9. This property is the subject of a severance application(E 74/96). With the aid of a sketch, he described the details of the proposed relocation. Moved by W. Casier Seconded by J. Volkaert "THAT the request from Scott and Ruthanne Kristensen for the relocation of a municipal drain on property known as Part Lots 23 and 24, Concession 9 be accepted; AND THAT Spriet and Associates be requested to prepare a report addressing the relocation for consideration by Council at the applicant's expense." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) The Chief Building Official reported that the Corinth Drain has been started with the installation of a 21 inch pipe to the edge of the road. Concern was expressed about possible erosion until the road crew returns to work. As a result, The Chief Building Official was instructed to place a filter mat or bails of hay as an interim measure to prevent erosion during construction. (b) The Chief Building Official reported that the footpath off Sandytown Road to the Straffordville Ball Park had been completed, however Council asked that the path be raked out to a width of at least four feet and that the sides be sloped. (c) The Chief Building Official reported that a Municipal Drain Petition had been submitted by George Gilvesy containing his and his wife's signatures. Mr. Bill Baldwin was in attendance at the Council meeting and indicated he wished to have time to consider if it was advantageous for him to sign the Petition. Council explained to Mr. Baldwin the reasons why the Township reached the conclusion that a municipal drain would be the preferred option to resolve drainage problems in the area. COUNCIL MINUTES - 129 - JULY 4, 1996 7. RJADS,AGRICULTURE & DRAINAGE (continued) 3. OTHER BUSINESS (a) The Administrator Treasurer advised that she had received a request from Arlie Barzo, Part Lots 20&21, Concession 10 for permission to install a gate at the onset of the portion of Barzo Road that is not maintained by the Township. The road which leads to her bunkhouse is being used by people dumping garbage on her property. Council decided to defer making a decision on this matter until the Road Superintendent can be consulted to determine where the Township's road maintenance boundaries exist. 8. PROPERTY, BUILDING& PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Report from the Chief Building Official re: Building Permits issued for the month of June. File: P.08 Moved by J. Volkaert Seconded by W. Casier "THAT the Building Permits for the month of June, 1996 be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS (a) J. Volkaert announced that an above ground hydro line was being laid at the Straffordville Ball Park to service the pavilion for for the baseball tournament sponsored by the Lions Club. He asked if the Chief Building Official had been consulted for an inspection to ensure safety. The Chief Building Official stated that he had not received a request for permission or an inspection. Moved by J. Volkaert Seconded by W. Casier 'MAT a meeting be held with the President, Secretary and Treasurer of the Lions Club and Township Council to discuss operations at the Straffordville Community Centre and Park." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 130 - JULY 4, 1996 9. FINANCE,ADMINISTRATION& PERSONNEL 1. CORRESPONDENCE& REPORTS (a) OPSEU Correspondence about Property Tax Assessment. File: F22.1 Moved by J. Nezezon Seconded by J. Barclay "THAT the Council of the Corporation of the Township of Bayham endorses the Resolution of the Ontario Public Service Employees Union to retain the existing Administrative Assessment System in Ontario and not to privatize." Disposition: Motion Carried (b) Cheque register for the period ending June 30, 1996 and cash requirements report of accounts for the period ending June 28, 1996. File: F10.3 Moved by J. Volkaert Seconded by W. Casier "THAT the Cash Requirements Report for accounts for the period ending June 28, 1996 be approved for payment; AND THAT the Cheque Register for the period ending June 30, 1996 be approved." Disposition: Motion Carried Unanimously (c) A.M.O. Conference Material and Voting Delegate Information. File: A1.2 Moved by J. Barclay Seconded by W. Casier "THAT Deputy Reeve Joe Volkaert and Administrator Treasurer Lynn Buckner be authorized to attend the 1996 A.M.O. Conference to be held August 18-21 in Toronto, Ontario as Voting Delegates for Bayham Township; AND THAT the Administrator be directed to make the necessary arrangements and to invoice the County of Elgin for reimbursement of the registration fee for Deputy Reeve Joe Volkaert." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. COUNCIL MINUTES - 131 - JULY 4, 1996 9. FINANCE,ADMINISTRATION& PERSONNEL(continuied) 3. OTHER BUSINESS (a) Township Building Renovations holdback regarding deficiencies. Moved by J. Barclay Seconded by W. Casier "THAT the Holdback amount be paid to Hendriks Construction Inc., however,the progress payment in the amount of$6668.44 be withheld until the Township Office Building deficiencies are resolved to Council's satisfaction." Disposition: Motion Carried Unanimously 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS No items. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No items 11. COMMITTEE OF THE WHOLE Moved by W. Casier Seconded by J. Volkaert "THAT Council do now rise to enter into an "In Camera" Committee of the Whole session." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE No items 2. UNFINISHED BUSINESS No items 3. OTHER BUSINESS Council discussed a confidential matter regarding property. COUNCIL,MINUTES - 132 JULY 4, 1996 Moved by J. Barclay Seconded by J. Nezezon "THAT the Committee of the Whole do now rise from the "In Camera" Session without reporting." Disposition: Motion Carried Unanimously 12. BY-LAWS Z364-96 To rezone Part Lot 8, Concession 2 from Agricultural(Al)to Rural Residential(RR)-Kenneth&Norma Kirby File: D13.1.51 96-41 Confirming By-law(June 19, 1996) 96-42 Confirming By-law(July 4, 1996) 96-43 By-law to authorize the Reeve and Clerk to enter into a Development Agreement with Jack and Bonnie Abell Moved by J. Barclay Seconded by J. Nezezon "THAT By-laws Z364-96,96-41 and 96-43 be read a first and second time. Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by J. Nezezon "THAT By-laws Z364-96,96-41 and 96-43 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by J. Nezezon Seconded by J. Volkaert "THAT By-law 96-42 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by J. Nezezon "THAT By-law 96-42 be read a third time and fmally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES - 133 - JULY 4, 1996 13. ADJOURNMENT Moved by J. Nezezon Seconded by J. Volkaert "THAT the Council Meeting be Adjourned at 10:55 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 July 17, 1996 7:00 P.M. The special meeting of Council of the Township of Bayham was held at 7:00 p.m. on Wednesday, July 17, 1996 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 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No member of Council made a disclosure of pecuniary interest and the general nature thereof. 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES None 4. DELEGATIONS The following Members of the Lions Club were in attendance to discuss various matters concerning the Straffordville Community Centre and Park: Bruce Allsworth- Secretary Art Fisher-Treasurer Russ Dair-Member ' Carl Biro -Member Roger DeClerq-President The Reeve thanked the members of the Lions Club for attending the Council meeting and announced that the purpose for inviting them to attend was to establish an open communication between the Club and Township Council. The Reeve discussed the recent temporary installation of hydro to the food pavilion for a baseball tournament and while the Township was not opposed to the activity, it was suggested that it should be made aware of these types of activities beforehand because of liability issues. The Reeve indicated that another issue which should have joint dialogue is regarding the parking of vehicles in the ball park area. He asked the Club members for suggestions and comments about resolving this matter. He noted that the Township wishes to ensure the safety of children in the park. Reeve Chute advised that the Community Centre Board has passed a resolution to temporarily close off the east gate except for emergency access. After considerable discussion on this matter,B. Allsworth stated that the Lions Club would not be opposed to locking of the east gate providing the Lions Club were permitted vehicular access for supplies in the front gate with the aid of a parking marshall. He did however stress that there is an ongoing parking problem in the park when baseball games are scheduled while functions are taking place at the community centre. He also stated that the parking area is not utilized fully because of the fear of foul balls damaging vehicles. Council then discussed a recent raffle lottery which resulted in a shortfall to the Lions Club. Council assured the Club members that the Recreation and Community Centre Board and Bayham Volunteer Department will assist in offsetting the shortfall since the draw was initiated by the above named groups. The Lions Club Members agreed to discuss all of the issues with their members and to designate one member as a liaison between their Club and the Township. COUNCIL /MINUTES -135- JULY 17,1996 5. INFORMATION ITEMS No Items 6. PLANNING,DEVELOPMENT &RECREATION 1. CORRESPONDENCE& REPORTS (a) Severance Application No. E79/96 by Peter and Catherine Klassen, Part Lot 21, Concession 8. DEFERRED TO THE JULY 18, 1996 MEETING OF COUNCIL,PENDING FURTHER CLARIFICATION (b) Severance Application No.E 74/96 by Scott and Ruthanne Kristensen,Part Lots 23 & 24, Concession 9. Moved by W. Casier Seconded by J. Volkaert "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends approval of Application No. E 74/96 by Scott & Ruthanne Kristensen subject to the following conditions: 1. That the applicant make a$500 cash payment in lieu of parkland dedication to the Township. 2. That the retained lot must meet the Agricultural Code of Practice regarding the placement of any proposed barn for livestock. 3. That the applicant be required to relocate the municipal drain as recommended by Spriet &Associates at the applicant's expense. 4. That the applicant will be required to obtain a special Al Zoning for the retained agricultural lot." Disposition: Motion Carried Unanimously (c) Severance Application No. E 81/96 by Wilhelm and Elizabeth Penner,Part Lots 9 & 10, Concession 8. Moved by W. Casier Seconded by J.Nezezon "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends approval of Application No.E 81/96 by Wilhelm and Elizabeth Penner subject to the following condition: 1. That the applicant make a$500 cash payment in lieu of park dedication to the Township. Disposition: Motion Carried Unanimously COUNCIL MINUTES -136- JULY 17,1996 6. PLANNING,DEVELOPMENT &RECREATION(continued) (d) Severance Application No.E 77/96 by William Llewellyn and Donna Marie Baldwin, Part Lot 24, Concession 8. Moved by J. Volkaert Seconded by J.Barclay "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends approval of Application No. E 77/96 by William Llewellyn and Donna Marie Baldwin subject to the following conditions: 1. That the applicant make a $500 cash payment in lieu of parkland dedication. 2. That the applicant may be required to rezone the retained portion." Disposition: Motion Carried Unanimously (e) Severance Application No. E 76/96 by William Llewellyn&Donna Marie Baldwin, Part Lot 24, Concession 8. Moved by W. Casier Seconded by J.Nezezon "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends approval of Application No. 76/96 by William Llewellyn & Donna Marie Baldwin subject to the following conditions: 1. That the applicant make a $500 cash payment in lieu of parkland dedication. 2. That the applicant may be required to rezone the retained portion." Disposition: Motion Carried Unanimously (f) Severance Application No. E 75/96 by Lloyd and Agina Bakker, Part Lots 14 & 15, Concession 10. Moved by J. Volkaert Seconded by J. Barclay "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends approval of Application No. E 75/96 by Lloyd and Agina Bakker subject to the following condition: 1. That the applicant make a $500 cash payment in lieu of parkland dedication." Disposition: Motion Carried Unanimously 7. ROADS,AGRICULTURE &DRAINAGE No Items S. PROPERTY,BUILDING& PROTECTIVE SERVICES No Items COUNCIL MINUTES -137- JULY 17,1996 9. FINANCE,ADMINISTRATION &PERSONNEL No Items 10. ENVIRONMENT 1. CORRESPONDENCE No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 11. COMMITTEE OF THE WHOLE Moved by J.Volkaert 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 No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS Council discussed a confidential personnel matter. Moved by J.Nezezon Seconded by W. Casier "THAT the Committee of the Whole do now rise from the "In Camera" session without reporting." Disposition: Motion Carried Unanimously COUNCIL MINUTES -138- JULY 17,1996 12. BY-LAWS 96-46 Confirming By-law. Moved by W. Casier Seconded by J.Nezezon "THAT By-law 96-46 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by J. Barclay "THAT By-law 96-46 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT Moved by J. Barclay Seconded by J. Volkaert "THAT the Council Meeting be Adjourned at 10:30 p.m." Disposition: Motion Carried Unanimously -2,/1/4 Cia4444 REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO July 18, 1996 7:00 p.m. The regular meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday, July 18, 1996 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,Roads 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 Councillor Casier made a disclosure of pecuniary interest and the general nature thereof with respect to Item 7.1 (a). No other member of Council made a disclosure of pecuniary interest and the general nature thereof. 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES (a) Minutes from the regular Council Meeting held July 4, 1996. Moved by J. Volkaert Seconded by W. Casier "THAT the Minutes of the Regular Council Meeting held July 4, 1996 be adopted." Disposition: Motion Carried Unanimously Councillor Casier enquired about whether a meeting had been set up with the Ontario Provincial Police to discuss the enforcement aspects of a municipal noise by-law. The Administrator stated that the issue might be discussed with the Ontario Provincial Police representatives in attendance at today's Council meeting. 4. DELEGATIONS (a) 8:00 p.m. - Staff Sgt. Stephens, Community Relations Officer Dennis Harwood& Community Policing Officer Sue Biro, Ontario Provincial Police, Tillsonburg Detachment appeared and with the aid of an overhead projector made a presentation about County Police Restructuring. (b) 8:30 p.m. -Mr.Paul DePlancke appeared and commented about Item 6.1 (a), being correspondence from Cumming Cockburn Limited regarding his request for consideration to sever a lot(Lots 16 & 17, Concession 8). COUNCIL MINUTES 140 JULY 18, 1996 4. DELEGATIONS (continued) Mr. DePlancke expressed his frustration about the time taken to date to resolve this matter. He was reluctant to expend further funds for both an official plan amendment and a rezoning application. He asked if Council would consider approving a rezoning without an official plan amendment. He was advised by Council that they would need time to consider the position of the planning consultant and to take his comments into consideration. SEE ITEM 6.1 (a) (c) 8:45 p.m. -Roads Superintendent Bob Bartlett appeared regarding Item 7.2 (a). 5. INFORMATION ITEMS Moved by W. Casier Seconded by J.Volkaert "THAT Information Items 5(a) - 5(n) be received and filed." Disposition: Motion Carried Unanimously (a) Ministry of Citizenship, Culture and Recreation correspondence about the Community Action Awards Program. (Received and Filed) File: A16.13 (b) Ministry of Citizenship, Culture and Recreation correspondence about the 1996 Senior Achievement Awards Program. (Received and Filed) File: A16.13 (c) Association of Municipalities of Ontario Municipal Information about municipal conflict of interest legislation. (Received and Filed) File: A1.2&L10.1 (d) Ministry of Municipal Affairs and Housing News Release about public consultation and new Tenant-Protection Act. (Received and Filed) File: A16.7&L10.1 (e) Ministry of Natural Resources correspondence about its role in municipal planning. (Received and Filed) File: A16.8 &D4.1 (f) Association of Municipalities of Ontario Notice of Annual General Meeting and request for nominations for Board of Directors. (Received and Filed) File: A1.2 (g) Corporations Supporting Recycling(CSR)correspondence providing an overview of programs offered to municipalities. (Received and Filed) File: E7.2 COUNCIL MINUTES 141 JULY 18, 1996 5. INFORMATION ITEMS (continued) (h) Harbour Lights Community News dated June 1, 8, 15, 22&29, 1996. (Received and Filed) File: M6.1 (i) Long Point Region Conservation Authority Minutes of June 5th meeting. (Received and Filed) File: A16.6 (j) Elgin Community Leaders' July/August 1996 Letter. (Received and Filed) File: A16.2 (k) Town of Geraldton correspondence announcing the Northwestern Ontario Municipal Association candidate for President of the Association of Municipalities of Ontario. (Received and Filed) File: A1.2 (1) Long Point Region Conservation Authority announcement of a Farm Tour to be held July 23, 1996 at Straffordville Community Centre. (Received and Filed) File: A16.5 (m) Rural Ontario Municipal Association publication"The Rural Review". (Received and Filed) File: A1.5 (n) Town of Iroquois Falls Correspondence request endorsement of a Council Resolution regarding School Crossing Guards. (Received and Filed) File: C9.1 6. PLANNING,DEVELOMENT&RECREATION I. CORRESPONDENCE& REPORTS (a) Cumming Cockburn Limited Report about a request by Paul DePlancke to sever a second lot on property known as Lots 16& 17, Concession 8. File: D9.2.38 Council deferred making a decision on this matter as they require time for further consideration. (b) Cumming Cockburn Limited Report about the keeping of livestock in Rural Residential Zones. File: D13.1 Moved by W. Casier Seconded by J.Nezezon "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES ][42 JULY 18, 1996 6. PLANNING,DEVELOMENT &RECREATION(continued) (c) Dowler-Kam Correspondence about an application by Country Camping for the installation of a 500 gallon horizontal propane tank and dispenser for retail sales. File: P3.1 Moved by J.Volkaert Seconded by J.Barclay "THAT the correspondence be received and filed; AND THAT Brian Hamilton be advised that the Township will require a rezoning for a retail propane use and the Township cannot comment further until the applicant has confirmed that the Fuel Safety Branch Regulations would permit a 500 gallon propane tank for retail sale on the site and a proper plan has been submitted to the Township." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Severance Application No. 79/96 by Peter and Catherine Klassen, Part Lot 21, Concession 8. Moved by J. Barclay Seconded by J. Volkaert "THAT the County of Elgin Land Division Committee be advised the Council of the Township of Bayham recommends approval of Application No. 79/96 by Peter and Catherine]Klassen subject to the following conditions: 1. That the applicant make a $500 cash payment in lieu of park dedication. 2. That the applicant apply to the Township to rezone the subject property to a Special ER Zone to recognize the reduced lot frontage." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS (a) The Administrator reported that the Township received a letter from the Aylmer Kinsmen pursuant to requirements of a Special Occasion Permit to hold a Beer Tent at Country Camping during a fund raising function on August 2, 3, 4& 5, 1996. She noted that the letter indicated there would be security at the gate and at the Beer Tent. (b) The Administrator stated that she received another call from a Richmond resident concerning the condition of the fence behind home plate. The resident suggested that if the Township wished to proceed with fence replacement, volunteer labourers were available before tobacco harvest starts. COUNCIL MINUTES 143 JULY 18, 1996 6. PLANNING,DEVELOMENT &RECREATION (continued) Councillor Casier, Chair of the Bayham Recreation and Community Centre Board announced that quotations were being collected and that this matter could be taken into consideration during 1997 budget deliberations. (c) The Administrator referred to correspondence she received from a resident about the Eden Public School and the possibility of the Township acquiring the land for parkland, should the Elgin County School Board take action in the future to close the school. Moved by J.Volkaert Seconded by J. Barclay "THAT the Elgin County School Board be advised in writing that the Township of Bayham would like to be notified of any future plans to close and/or dispose of the Eden school property; AND THAT the Public School Board Trustee receive a copy of this resolution." Disposition: Motion Carried Unanimously (d) Memo from the Administrator to place in public record discussions which took place with a waste management company regarding a proposed landfill site to accommodate Metro Toronto's waste. Moved by J. Volkaert Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously 4. PUBLIC MEETINGS None 7. ROADS,AGRICULTURE &DRAINAGE CORRESPONDENCE& REPORTS (a) Tender Opening for the Casier Drain- Councillor Casier left the room and refrained from any discussion or voting on the item. Tenders were opened and read by the Administrator as follows: Contractor Total Project Cost D.R. Ryckman Drainage Ltd. $ 9,303.65 StreibTrucking Ltd. $ 11,612.71 Van Corp Farm Drainage $ 9,499.47 COUNCIL MINUTES 144 JULY 18, 1996 7. ROADS,AGRICULTURE &DRAINAGE (continued) Moved by J. Barclay Seconded by J.Volkaert "THAT the tenders for the Casier Drain having been opened at the July 18, 1996 Council Meeting be accepted and referred to Spriet and Associates and the Administrator for review and report; AND THAT the Administrator be directed to present a recommendation to Council to approve the lowest bid,if deemed appropriate." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Request from Arlie Barzo, Part Lots 20 & 21, Concession 10 for permission to install a gate at the onset of the portion of Barzo Road. The Clerk was directed to investigate the legalities of placing a gate to close off the opened road and to report back. 3. OTHER BUSINESS No Items 8. PROPERTY,BUILDING& PROTECTIVE SERVICES I. CORRESPONDENCE& REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 9. FINANCE,ADMINISTRATION&PERSONNEL 1. CORRESPONDENCE& REPORTS (a) Staff Report No. 96-38 providing a statement of operations for the period ending June 30, 1996. File: F3.1 Moved by J. Volkaert Seconded by J. Barclay "THAT the Staff Report be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 145 JULY 18, 1996 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) (b) Cheque register for the period July 4-20, 1996 and cash requirements for the period July 20-31, 1996. File: F10.3 Moved by J. Barclay Seconded by J. Volkaert "THAT the Cash Requirements Report for accounts for the period ending July 31, 1996 be approved for payment; AND THAT the Cheque Register for the period ending July 20, 1996 be approved." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS (a) Deputy Reeve Volkaert announced that he would be unable to attend the A.M.O. Conference in Toronto,August 18-21, 1996. 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS No items. 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS (a) The Administrator announced that Cyril Demeyere and Andy Valikis, Engineer, Ontario Clean Water Agency will be in attendance at the August 1, 1996 Council meeting to provide a preliminary report on the water/sewage study. Also on the agenda will be a by-law to authorize the Township to enter into a Project Management Agreement with the Ontario Clean Water Agency. (b) The Clerk advised that the owner of Sandytown Centre had expressed concern about the garbage pick up at the Centre, specifically relating to the odour from food waste. He requested consideration of an increase in garbage collection or as an alternative,that his tenants be permitted to take waste to the transfer station without charge. Council directed the Clerk to advise Mr.Schaffer that similar requests had been made in the past and the user pay aspect has been reaffirmed. COUNCIL MINUTES 146 JULY 18, 1996 11. COMMITTEE OF THE WHOLE Moved by J. Volkaert 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 (a) Report from Lerner&Associates regarding a property issue. (b) Council discussed a confidential matter regarding personnel. Moved by John Nezezon Seconded by J. Volkaert "THAT the Committee of the Whole do now rise from the "In Camera" session." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Volkaert "THAT the letter dated July 10, 1996 from Lerner and Associates,Barristers & Solicitors regarding Szorenyi Farms Limited/Moore Bridge be accepted; AND THAT Lerner and Associates be requested to prepare a Works Agreement between Both Soreny Farms (Szorenyi Farms),Christine Michele Szorenyi Brown and the Township of Bayham setting out the following agreed upon terms: 1. The hill south of the bridge would be reconstructed at a 3:1 slope in accordance with the plans prepared by Spriet Associates. The Township will use whatever sand is necessary to complete this reconstruction with the remainder to be moved and stockpiled on Soreny Farms land. The topsoil and yellow sand will be stripped and replaced on the newly constructed slope. (No rent to be charged for stockpiling of any materials). 2. The Township will pay any damages (at fair market value) for any crops destroyed during construction. If the crop destroyed is rye,the Township agrees to replant rather than pay for damages. 3. The Township shall give six months notice prior to construction,however,if both parties are in agreement,less notice may be given. 4. The Township agrees to install a 14 inch culvert to be used by Soreny Farms and Michele Sorenyi for irrigation purposes. The culvert will be installed at a predetermined location. COUNCIL MINUTES 147 JULY 18, 1996 1. CORRESPONDENCE(continued) 5. The Township agrees to move a survey bar located on the westerly limit of Part 4 (297.56 feet south of the northern limit of Part 4) so that it would be parallel to the iron bar located in the easterly limit of Part 6(400.69 feet south of the northerly limit of Part 6). The westerly bar would be adjacent to and 66 feet from the easterly bar. Part 4 would be narrowed accordingly. 6. Michele Szorenyi shall agree to allowing the Township to temporarily encroach up to 50 feet on her property,if deemed necessary,in order to facilitate the road straightening. It is recognized that this 50 foot encroachment would only be during construction and would not be conveyed to the Township. The yellow sand and topsoil would be replaced and left in a level condition. 7. The Township agrees to pay$6,277.50 for the lands to be acquired,to be paid equally between Soreny Farms and Michele Sorenyi Brown. 8. The Township agrees to dedicate all of the parts on Reference Plan 11R-5215 as part of the public road allowance. Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 12. BY-LAWS 96-44 A By-law to authorize the Reeve and Clerk to enter into a Development Agreement with Gundy Goutouski. 96-45 Confaming By-law Moved by J. Volkaert Seconded by J.Nezezon "THAT By-law 96-44 be read a first and second time. Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by J.Nezezon "THAT By-law 96-44 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 148 JULY 18,19% 12. BY-LAWS (continued) Moved by W. Casier Seconded by J.Nezezon "THAT By-law 96-45 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by W. Casier "THAT By-law 96-45 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT Moved by W. Casier Seconded by J. Barclay "THAT the Council Meeting be Adjourned at 10:28 p.m." Disposition: Motion Carried Unanimously REEVE CLERK SPECIAL COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.Q. BOX 160 STRAFFORDVILLE,ONTARIO July 23, 1996 7:30 P.M. The special meeting of Council of the Township of Bayham was held at 7:30 p.m. on Tuesday, July 23, 1996 in the Township Office Committee Room. Present were Reeve Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors John E. Barclay,Wayne Casier, John Nezezon and Administrator Treasurer Lynn S. Buchner. 1. CALL TO ORDER Reeve Chute called the meeting to order at 7:30 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councillor Casier made a disclosure of pecuniary interest and the general nature thereof with regards to item 7(b). No other member of Council made a disclosure of pecuniary interest or 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 (a) Tillsonburg Town Council request for Bayham Township Council to pass a resolution in support of a letter addressed to Premier Harris. The subject of the letter makes reference to a waste management proposal to create a landfill in Bayham Township to accommodate Metro Toronto's waste and the willingness of the Township of Bayham and Villages of Vienna and Port Burwell to explore the possibility of a new municipal structure. The proposed boundary changes are in response to Tillsonburg's desire to accommodate the landfill site. Council ceased negotiations with the waste management company regarding the proposed landfill site on May 15, 1996 because Council could not provide support of this project. Council's position remains firm with their decision not to support the landfill. Council's priority lies with a proactive solution to restructuring as recommended by the Province through an Elgin County restructuring study which is now in progress and due to be complete in October of this year. Council decided not to enter into annexation or amalgamation discussions with Tillsonburg and will strongly oppose any actions taken by Tillsonburg to proceed with siting a landfill in Bayham Township. Therefore Council addressed a letter to the Tillsonburg Mayor and Council Members stating that the Council of Bayharn Township would not provide a resolution in support of their letter to Premier Harris. Reeve Chute requested a resolution be passed by recorded vote. COUNCIL MINUTES 150 JULY 23, 1996 Moved by J. Volkaert Seconded by W. Casier "BE IT RESOLVED THAT the Council of the Township of Bayham hereby will provide full consideration to the Elgin County restructuring study before considering any other restructuring options and will strongly oppose any attempts made to initiate a landfill site in the Township to accommodate Metro Toronto's waste." Disposition: Recorded Vote Councillor Barclay yes Councilor Casier yes Reeve Chute yes Councillor Nezezon yes Deputy Reeve Volkaert yes 7. ROADS,AGRICULTURE &DRAINAGE (a) Discussion was raised by the Administrator regarding grass cutting in the Township. It was decided by Council that the intersection of roads should be done as required for safety purposes and that there should be one more complete pass to keep the brush from taking over the ditches. It was agreed that if needed the Road Superintendent could hire one man for two weeks to one month to complete this work. (b) The Administrator presented the amended Casier Drain Report-Councillor Casier left the room and refrained from any discussion and no voting took place. The amendments included a revision to Schedule 'C',the assessment of the construction of the main drain assessed totally to Roll No. 2-146. Schedule 'D'was ammended to show percentage of the maintenance cost instead of a dollar value of the assessment. The Administrator attempted to explain the future maintenance cost calculation process for future drain maintenance based on the new report compared to the original report on the Casier Drain. It was determined that future maintenance that was to be done on this new closed portion of the Casier Drain would actually result in a lower percentage of maintenance cost allocated to the benefitting landowners. 8. PROPERTY,BUILDING&PROTECTIVE SERVICES No item. 9. FINANCE,ADMINISTRATION&PERSONNEL No Items 10. ENVIRONMENT (a) Correspondence from Brimage,Tyrell,Van Severen&Homeniuk,Banisters, Sollicitors &Notaries on behalf of Rose Pihokker regarding removal of trees surrounding the perimeter of the Stanton Cemetery. Council directed the Administrator to respond to this letter stating the concern of Cdhcil that if trees were removed because they were interfering with her crops that this would set a potential precedent for any woodland adjacent to farmland. COUNCIL MINUTES 151 JULY 23, 1996 11. COMMITTEE OF THE WHOLE No Items 12. BY-LAWS None 13. ADJOURNMENT Moved by J. Barclay Seconded by J.Nezezon "THAT the Council Meeting be Adjourned at 10:30 p.m." Disposition: Motion Carried Unanimously REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O.BOX 160 STRAFFORDVILLE, ONTARIO August 29, 1996 7:00 p.m. The regular meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday, August 29, 1996 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 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councillor Casier made a disclosure of pecuniary interest and the general nature thereof with regard to Item 7.4 (Court of Revision for Casier Drain) 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES (a) Minutes from the regular Council Meeting held August 15, 1996. Councillor Nezezon questioned the status of the severance application submitted by Mr.Timothy Emerson. The Clerk responded that the application had been approved by the Land Division Committee with the Township's requested conditions. Specifically,that the application be approved conditional upon the Township confirming that an open road allowance exists for both the severed portion,the retained portion and for property located adjacent to the west in order to confirm that a"land lock" situation does not occur. Further,the applicant is required to pay the Township $500.00 cash in lieu of park dedication. Reeve Chute asked about the status of the enquiry by Mike and JoAnne Ash about the possibility of severing a 1.49 acre parcel from their property, Part Lots 15 & 16, Concession 1. The Clerk responded that a letter had been forwarded to Mr. and Mrs.Ash indicating that while approval was unlikely,they should preconsult with the Elgin/St.Thomas Health Unit and the Ministry of Agriculture and Food. Moved by J. Barclay Seconded by J.Volkaert "THAT the Minutes of the Regular Council Meeting of August 15, 1996 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:05 p.m.-Chief Building Official/Drainage Superintendent Dwayne Daniel appeared and provided an update on drainage activities. He noted that a report on the status of building permits for the month of August would be placed on the September 5, 1996 Council Agenda. COUNCIL MINUTES 180 AUGUST 29, 1996 4. DELEGATIONS (continued) (b) 7:15 p.m. -Mr.Ron Chatten appeared and asked if there were any new developments with the Tillsonburg Landfill Site issue. He asked Council to consider holding public meetings in the future if the issue is reactivated. Reeve Chute advised that he was not aware of any further development involving Bayham Township. In addition to the above, Mr. Chatten distributed samples of coffee mugs he had developed with a historical photo of Straffordville and the names of Council Members. He indicated that the mugs would be available for purchase at a cost of $10.00 each as token gifts to dignitaries etc. 5. INFORMATION ITEMS Moved by J. Volkaert Seconded by J. Barclay "THAT Information Items 5(a) -5(m) be received and filed." Disposition: Motion Carried Unanimously (a) Ministry of Environment and Energy correspondence regarding water efficiency. (Received and Filed) File: E8.3 (b) Ministry of Municipal Affairs and Housing correspondence requesting comments on the recommendations from the "Who Does What" Sub-panels on Municipal Administration and Transportation and Utilities. (Received and Filed) File: A16 (c) Ministry of Municipal Affairs and Housing correspondence announcing that two new"Who Does What" Sub-panels have been set up to examine emergency services and social services.(Received and Filed) File: A16 (d) David Crombie, Chair, "Who Does What Committee"correspondence to the Minister of Municipal Affairs and Housing providing the second report from the Sub-panel on Assessment and Property Tax Reform. (Received and Filed) File: A16 (e) Minister of Economic Development, Trade and Tourism correspondence advising of information sessions to be held in September and October on the Ontario- Quebec Procurement Agreement. (Received and Filed) File: A16.1 & A04 COUNCIL MINUTES 181 AUGUST 29, 1996 5. INFORMATION ITEMS (continued) (f) Association of Municipal Clerks and Treasurers of Ontario publication regarding municipal election reform. (Received and Filed) File: A1.4 (g) Association of Municipalities of Ontario Memo to members of the Rural Section from Chair Charlotte Clay Ireland regarding revenue from seasonal trailers. (Received and Filed) File: A1.2,A1.5 &F21.1 (h) Canadian Soft Drink Association correspondence regarding Ontario's Refillable Quota Regulations and the formation of a key stakeholder task force to examine the funding and operation of the Blue Box Program. (Received and Filed) File: E7.1 &E7.2 (i) Elgin Community Leaders' Letter- September/October, 1996. (Received and Filed) File: MO.6 (j) Township of Malahide Notice of Passing of Zoning By-law. (Received and Filed) File: CO.9 (k) Lerner&Associates Update- July 1996. (Received and Filed) File: MO.6 (1) County of Elgin"Co-operation in Roads Department Operations" Committee Minutes of July 23, 1996 meeting. (Received and Filed) File: A16.2 & T6.1 (m) Ron Chatten correspondence to Tillsonburg News Editor about the recent landfill issue. (Received and Filed) File: E7.1 6. PLANNING,DEVELOPMENT &RECREATION 1. CORRESPONDENCE& REPORTS (a) Rezoning Application submitted by Peter& Catherine Klassen to rezone Part of Lot 21,Concession 8 to a Special Estate Residential Zoning required to recognize a reduced lot frontage. File: D13.1.56 COUNCIL MINUTES 182 AUGUST 29, 1996 6. PLANNING,DEVELOPMENT & RECREATION (continued) Moved by J.Barclay Seconded by J. Volkaert "THAT the application submitted by Peter and Catherine Klassen to rezone Part Lot 21, Concession 8 to a Special Estate Residential Zoning required to recognize a reduced lot frontage as a condition of severance approval be accepted and forwarded to Cumming Cockburn Limited for by-law preparation; AND THAT the proposed access be limited to only the open road allowance." File: D13.1.56 Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Request from K. C.Emerson for partial refund of rezoning application fee. File: D13.1.52 This item was deferred further as the invoice for by-lawpreparation has not yet been received from Cumming Cockburn Limited. (b) The Clerk advised Council that a letter had been sent to Mr. John Gilvesy about a proposed rezoning and subsequent severance for Part Lots 118& 119, STR. She read aloud the letter and stated that Mr. Gilvesy had requested a more detailed opinion from Council about whether the application would be favourable. She noted that Mr. Gilvesy had been asked to obtain written comments from the Elgin/St. Thomas Health Unit and the Ministry of Agriculture and Food. Council concurred. 3. OTHER BUSINESS (a) The Clerk advised that correspondence had been received from the Ministry of Municipal Affairs and Housing to indicate that pre-consulting for all development applications was now required. Specifically, all applicants must preconsult with various agencies and receive written comments which are to form part of the application to the approval authority. She noted that although this process will require applicants to undertake more background work, it will provide Council with a complete application which will allow Council to be more informed when considering future applications for rezoning, severance and official plan amendments. COUNCIL MINUTES 183 AUGUST 29, 1996 4. PUBLIC MEETINGS Public Meeting No. 1 1. Call to Order Moved by J. Barclay Seconded by J. Volkaert "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 2. Disclosure of pecuniary interest and general nature thereof No member of Council made a disclosure of pecuniary interest and the general nature thereof. 3. Application (a) An application submitted by Scott&Ruthann Kristensen for an amendment to the Township Zoning By-law to change the zoning on a parcel of land comprising approximately 2.8 hectares(6.9 acres) situated in Part Lots 23 and 24, Concession 9 from Agricultural (Al)Zone to a Special Agricultural (A1-66)Zone to recognize a reduced lot frontage and area on a retained parcel of land resulting from a severance in the Hamlet Residential Zone. File: D13.1.53 4. Staff Report The Clerk reviewed the application with Council noting that the subject property is a Hamlet Residential (HR)/Agricultural(Al) split and the Al area does not currently meet the regulations of the zoning by-law. When Council considered the severance application, a condition was imposed requiring the applicant to rezone.Therefore Zoning By-law Z368-96 sets out an Exception for the Minimum Lot Area of 2.8 hectares(6.9 acres). The Exception relating to Lot Frontage states: "Notwithstanding any other section of this by-law,the minimum frontage requirements in the A1-66 Zone shall be defined and accommodated by the portion of the lot which abuts the Hamlet Residential(HR)Zone. 5. Presentation by Applicant None 6. Public Comments None 7. Council Questions and Comments None 8. Adjournment COUNCIL MINUTES 184 AUGUST 29, 1996 4. PUBLIC MEETINGS(continued) Public Meeting No. 2 1. Call to Order 2. Disclosure of pecuniary interest and general nature thereof No member of Council made a disclosure of pecuniary interest and the general nature thereof. 3. Application An application submitted by John Roy Stewart for an amendment to the Township Zoning By-law to change the zoning on a parcel of land comprising approximately 0.8 hectares(2 acres)situated in Part Lot 121,N.S.T.R. from the Agricultural (Al)Zone to the Rural Residential (RR)Zone. File: D13.1 4. Staff Report The Clerk reviewed the application with Council and stated that the purpose of the rezoning application was to facilitate the creation of a rural residential lot for retirement purposes. 5. Presentation by Applicant None 6. Public Comments None 7. Council Questions and Comments Reeve Chute asked about the size of the proposed frontage. The Clerk responded that the sketch attached to the application indicates a frontage of 96 m. Public Meeting No. 3 1. Call to Order 2. Disclosure of pecuniary interest and general nature thereof No member of Council made a disclosure of pecuniary interest and the general nature thereof. 3. Application An application submitted by Robert&Hilary Roose for an amendment to the Township Zoning By-law to change the zoning on a parcel of land comprising approximately 2.96 hectares (7.3 acres) situated in Part Lot 24, Concession 9 from the Agricultural(Al)Zone to a Special Agricultural(A 1-65)Zone to recognize a reduced lot frontage and area on a retained parcel of land resulting from a severance in the Hamlet Residential Zone. File: D13.1.55 COUNCIL MINUTES 185 AUGUST 29, 1996 4, PUBLIC MEETINGS(continued) 4. Staff Report The Clerk reviewed the application with Council and indicated that the subject property is a Hamlet Residential(HR)/Agricultural(AI) split and the zoning applies to the area currently zoned Al. The parcel was already an undersized agricultural lot and this rezoning will formally recognize this fact. Therefore Rezoning By-law Z367-96 sets out an Exception for the Minimum Lot Area of 2.9 hectares(7 acres). The exception relating to Lot Frontage states "Notwithstanding any other section of this by-law,the minimum frontage requirements in the Al-65 Zone shall be defined and accommodated by the portion of the lot which abuts the Hamlet Residential (HR)Zone. 5. Presentation by Applicant None 6. Public Comments None 7. Council Questions and Comments None 8. Adjournment Moved by J. Volkaert Seconded by J. Barclay "THAT the public meetings be adjourned." Disposition: Motion Carried Unanimously 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE&REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) Councillor Volkaert discussed with Council the current practice of the Roads Department of transporting the backhoe within the Township. He suggested that staff obtain prices for the purchase of a trailer to transport the backhoe as opposed to driving to work sites. COUNCIL MINUTES 186 AUGUST 29, 1996 7. ROADS,AGRICULTURE &DRAINAGE (continued) 3. OTHER BUSINESS (continued) Moved by J.Volkaert Seconded by J. Barclay "THAT the Roads Superintendent be directed to investigate the feasibility of purchasing a trailer for transporting the backhoe and to identify other uses and report back to Council with cost estimates." Disposition: Motion Carried Unanimously 4. Court of Revision Moved by J.Nezezon Seconded by J. Volkaert "THAT the Council meeting be adjourned for the purpose of holding a Drainage Court of Revision on the Casier Drain 1996, pursuant to the provisions of the Drainage Act." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by J. Volkaert "THAT the Council of the Corporation of the Township of Bayham be constituted as a Drainage Court of Revision under the provisions of the Drainage Act,R.S.O. 1990; AND THAT Deputy Reeve Volkaert be appointed Chairman of the said Court." Disposition: Motion Carried Unanimously 1. Call to Order(Deputy Reeve Volkaert in the Chair) 2. Disclosure of pecuniary interest and the general nature thereof Councillor Casier made a disclosure of pecuniary interest and the general nature thereof and refrained from discussion and voting on any matters relating to this item. 3. Purpose Pursuant to Section 78 of the Drainage Act, R.S.O. 1990,this Court of Revision was held with respect to the Casier Drain to satisfy the requirements of the Act. 4. Staff Report The Administrator indicated that when notice of the Court of Revision was mailed out to affected property owners pursuant to the provision in the Drainage Act,they were permitted to appeal the assessments apportioned to them providing they give notice to the Clerk within ten days before the date of the Court of Revision. She reported that no such notice was received. COUNCIL MINUTES 187 AUGUST 29, 1996 7. ROADS,AGRICULTURE &DRAINAGE (continued) 5. Public Comments None 6. Council Questions and Discussion None 7. Adjournment Moved by J.Volkaert Seconded by J.Nezezon "THAT no appeals having been received,this Drainage Court of Revision on the Casier Drain 1996 be adjourned." Disposition: Motion Carried 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) Staff Report 96047 regarding waste management disposal and transfer station report for the year ending December 31, 1996. Councillor Nezezon asked if there was any method of tracking the amount of waste dropped off at the Transfer Station when it is closed and if it could be determined how much waste is actually received at the transfer station on a monthly basis. The Administrator indicated that tracking measures could be put in place for future months only. She agreed to pursue the matter. File: E7.3 Moved by J. Volkaert Seconded by J.Nezezon "THAT the Staff Report be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 188 AUGUST 29, 1996 9. FINANCE,ADMINISTRATION &PERSONNEL (continued) (b) Staff Report 96046 regarding tax arrears. File: F23.1 Moved by J.Nezezon Seconded by J. Volkaert "THAT the Staff Report be received and filed." Disposition: Motion Carried Unanimously (c) Town of Fergus correspondence seeking support for a Council Resolution to amend the Municipal Act. File: A16.1 Moved by J.Volkaert Seconded by J. Barclay "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (d) Tillsonburg District Memorial Hospital correspondence seeking support for their efforts to have the Tillsonburg Tri-County area designated as an"Underserviced Area" so that physicians servicing the Tri-county area would be exempt from income thresholds. File: A16.1 Moved by J. Volkaert Seconded by W. Casier "THAT the Council of the Corporation of the Township of Bayham supports the Tillsonburg District Memorial Hospital in their efforts to have the Tillsonburg Tri-County area designated as an "Underserviced Area" in order for physicians servicing the area to be exempt from income thresholds." Disposition: Motion Carried Unanimously (e) Staff Report 96048 regarding the 1996 A.M.O. Conference. Moved by J.Volkaert Seconded by J.Nezezon "THAT the Staff Report be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items COUNCIL MINUTES 189 AUGUST 29, 1996 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) 3. OTHER BUSINESS (a) In response to a question asked by the Administrator,the Reeve reported that the Elgin County Restructuring Study Report had been submitted to the County of Elgin and Council will be examining the feasibility and cost of any or all of the options contained in the report. (b) The Administrator announced that Trevor Taylor had been hired temporarily for the purpose of grass cutting and serving as a flagman at road reconstruction sites. 10. ENVIRONMENT 1. CORRESPONDENCE& REPORTS (a) The Administrator read aloud a letter she received from Chris Bye in support of a landfill site in Bayham Township. Moved by J. Volkaert Seconded by J. Barclay "THAT the correspondence from Chris Bye commenting on the Tillsonburg landfill proposal be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) The Administrator reminded Council about a Special Council meeting scheduled for Tuesday, September 3, 1996 at 7:00 p.m. regarding the preliminary report on the Water/Sewage Study for the Hamlet of Eden. 11. COMMITTEE OF THE WHOLE Moved by W. Casier Seconded by J.Nezezon "THAT Council do now rise to enter into an "In Camera" Committee of the Whole session to discuss a personnel matter." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE (a) Council received a verbal report from the Administrator Treasurer regarding a personnel matter. COUNCIL MINUTES 190 AUGUST 29, 1996 11. COMMITTEE OF THE WHOLE (continued) 2. UNFINISHED BUSINESS No item 3. OTHER BUSINESS No item 11. COMMITTEE OF THE WHOLE Moved by J. Volkaert Seconded by J.Barclay "THAT the Committee of the Whole do now rise from the "In Camera" Session without reporting." Disposition: Motion Carried Unanimously 12. BY-LAWS Z367-96 A By-law to rezone Part Lot 24, Concession 9 to a Special Agricultural (A1-65)Zone-Robert&Hilary Roose. Z368-96 A By-law to rezone Part Lots 23 &24, Concession 9 to a Special Agricultural(A1-66)Zone - Scott&Ruthanne Kristensen. Z369-96 A By-law to rezone Part Lot 121,N.S.T.R. from Agricultural(Al)Zone to the Rural Residential(RR)Zone - John Roy Stewart. 96-53 Confirming By-law Moved by J.Volkaert Seconded by J.Nezezon "THAT By-laws Z367-96,Z368-96 and Z369-96 be read a first and second time. Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Volkaert "THAT By-laws Z367-96,Z368-96 and Z369-96 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by J.Volkaert Seconded by W. Casier "THAT By-law 96-53 be taken as read a first and second time." COUNCIL MINUTES 191 AUGUST 29, 1996 12. BY-LAWS (continued) Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Volkaert "THAT By-law 96-53 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT Moved by W. Casier Seconded by J.Volkaert "THAT the Council Meeting be Adjourned at 9:50 p.m." Disposition: Motion Carried Unanimously REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O.BOX 160 STRAFFORDVILLE, ONTARIO August 1, 1996 7:00 p.m. The regular meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday, August 1, 1996 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 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF Councillor Casier made a disclosure of pecuniary interest and the general nature thereof with respect to Item 6.4 (a) and By-law No 96-48. Councillor Nezezon made a disclosure of pecuniary interest and the general nature thereof with respect to By-law 96-47. Reeve Chute made a disclosure of pecuniary interest and the general nature thereof with respect to Item 8.1 (b). 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES (a) Minutes of the Special Council Meeting held July 17, 1996,Regular Council meeting held July 18, 1996 and Special Council Meeting held July 23, 1996. Moved by J. Barclay Seconded by J.Nezezon "THAT the Minutes of the Special Council Meeting held July 17, 1996, Regular Council Meeting held July 18, 1996 and Special Council Meeting held July 23, 1996 be adopted." Disposition: Motion Carried Unanimously Deputy Reeve Volkaert noted that in the July 18, 1996 minutes,the name Van Gorp Farm Drainage was spelled incorrectly. Further, he referred to the July 23, 1996 Council minutes regarding the proposed annexation of Township of Bayham property by the Town of Tillsonburg for the purpose of establishing a dump for Toronto's garbage. He suggested the Township's letter addressed to the Mayor and Members of Tillsonburg Council be forwarded to all area municipalities and the provincial government agencies. The Administrator confirmed that copies had been sent to the provincial agencies and would ensure that all area municipalities also be sent copies. At this point, Reeve Chute read aloud the following prepared statement to those in attendance. His statement emphasized the Township's position on the proposed actions of the Town of Tillsonburg: "In March of this year, the Township was approached by a Waste Management Company to provide a siting for a landfill in Bayham Township to accommodate Metro Toronto's waste. COUNCIL MINUTES 153 AUGUST 1, 1996 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES (continued) They suggested the preferred site should be in Ontario and have access to a rail line. It was for this reason that the waste management company expressed interest in the site located in Bayham Township. Council felt this may provide financial stability and security for the future of the existing rail line. With the increasing financial constraints facing the municipality resulting from cut backs in provincial grants and the cost of police services which are expected to be imposed upon us in the near future, Council felt it only good business sense to hear the waste management company's proposal and weigh the benefits to the Township. It was not that, to quote media releases we were "originally on side with the project", it was that we were willing to listen to the proposal in the event the Township could benefit by it. Acknowledging that Council does not have the expertise for such a matter, we acquired the services of a law firm and a financial advisor who were experienced in dealing with waste management projects to review the proposal process and other factors Council should consider when deciding to proceed with the proposal. In consideration of the financial aspects of the proposal and the information provided by the solicitors and financial advisor, Council decided that there was not enough financial compensation to warrant the transformation of prime agricultural land into a site to accommodate Metro Toronto's waste. A significant portion of the revenue generated from the landfill would have to be placed in a reserve fund to be available for unexpected environmental issues that arise as a result of the landfill or the potential financial risk if the site was to close prematurely. This is what ended discussions with the waste management company in May. In July we were approached by Tillsonburg to enter into friendly boundary adjustment negotiations or alternatively amalgamation. Council's response was firm with their decision not to accommodate a landfill in the Township for Metro Toronto's waste and would not enter into any annexation or amalgamation discussions with Tillsonburg in order for them to do so. If we felt it was a favourable venture we would have proceeded under the original discussions with the waste management company. Council's position is that we strongly oppose and will fight any actions taken by Tillsonburg to proceed with siting a landfill in Bayham Township. It is important that the public remind Tillsonburg of its friendly relationship with Bayham Township in the past and the support Bayham provided in fighting to keep the Town's hospital from being amalgamated with Ingersoll and Woodstock. Bayham residents should not be burdened with a landfill for a neighbour!" At this point, Council entertained comments from residents and from Mr. Bob Webb of WMT Waste Management of Canada Inc. Residents stated their strong opposition to the proposal. They volunteered to establish a citizen's coalition and to deliver notices to Bayham residents advising of a meeting to be held Tuesday,August 6, 1996 at 7:30 p.m. at Samuel's Family Restaurant in Tillsonburg. Council learned about the meeting from a resident who received a written invitation from WMI Waste Management of Canada Inc. COUNCIL MINUTES 154 AUGUST 1, 1996 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES (continued) Moved by J. Volkaert Seconded by J. Barclay "THAT the prepared statement read by the Reeve at the Council meeting of August 1, 1996 reaffirming the Township's opposition to the proposed annexation and/or amalgamation by the Town of Tillsonburg be forwarded to all recipients who previously received the Township's letter to the Town of Tillsonburg as well as to all area municipalities." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:00 p.m.-Chief Building Official Dwayne Daniel appeared regarding Items 6.4 (a), 7.1 (b), 7.1 (c)and 8.1 (b). (b) 7:00 p.m. -John Spriet, Spriet and Associates appeared regarding Items 6.4(a) and 7.1 (b). (c) 8:15 p.m. -Kelvin Vaughan appeared to seek comments from Council regarding his proposal to operate a small engine repair shop on property, Lot 124, Concession 6. Council advised Mr.Vaughan that he would be required to submit a rezoning application to permit the proposed use. (d) 8:25 p.m.-Mr. Jack Petrie appeared and discussed Items 6.1 (c) and 6.1 (d) 5. INFORMATION ITEMS Moved by J.Nezezon Seconded by J. Barclay "THAT Information Items 5(a) -5(k) be received and filed." Disposition: Motion Carried Unanimously a) Ministry of Agriculture and Food Canada,Food Production and Inspection Branch correspondence announcing of results of the Ontario Region Office Consolidation Project. (Received and Filed) File: A16.11 (b) Association of Municipalities of Ontario Update- Summer 1996. (Received and Filed) File: A1.2 (c) Riemens Communications correspondence advising of a licensed function to be held August 9-11, 1996 at Country Camping,Port Burwell. (Received and Filed) File: RO COUNCIL MINUTES 155 AUGUST 1, 1996 5. INFORMATION ITEMS(continued) (d) Ministry of the Solicitor General and Correctional Services News Release regarding "Partners in Community Safety - Community Policing/Enforcement Grants to Police Services". (Received and Filed) File: P11.2 (e) The Standing Committee on the Administration of Justice correspondence requesting comments regarding Bill 75 -Alcohol, Gaming and Charity Funding Public Interest Act, 1996. (Received and Filed) File: L10 (f) Mattes,Evans,Barristers&Solicitors correspondence advising of a seminar on September 26, 1996-"Current Issues for Municipalities." (Received and Filed) File: H12.1 (g) Association of Municipalities of Ontario correspondence regarding proposed amendments to the Municipal Conflict of Interest Act. (Received and Filed) File: A I.2 (h) Township of Malahide Notice of Public Meeting. (Received and Filed) File: C.09 (i) Kingston/Frontenac/Lennox&Addington Governance Review Committee media release regarding a draft proposal for a new urban municipality. (Received and Filed) (j) Ontario Good Roads Association publication"Municipal Routes"dated June 1996. (Received and Filed) File: M6.5 (k) Kettle Creek Conservation Authority correspondence regarding enforcement of weed orders. (Received and Filed) File: E5.2 6. PLANNING,DEVELOPMENT &RECREATION 1. CORRESPONDENCE&REPORTS (a) Staff Report providing the status of development applications. Files: D13.1 &D8.1 Moved by J. Barclay Seconded by W. Casier "THAT the staff report be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 156 AUGUST 1, 1996 6. PLANNING,DEVELOPMENT & RECREATION(continued) (b) Application by Scott and Ruthanne Kristensen to rezone the retained parcel in Part Lots 23 &24, Concession 9 to a Special Al Agricultural Zone to recognize an undersized lot. File: D13.1.53 Moved by W. Casier Seconded by J.Barclay "THAT the application by Scott and Ruthanne Kristensen to rezone the retained parcel in Part Lots 23 &24, Concession 9 to a Special Al Agricultural Zone to recognize an undersized lot be accepted and forwarded to Cumming Cockburn for by-law preparation." Disposition: Motion Carried Unanimously (c) Application by Jack Petrie,representing Robert&Hilary Roose to rezone a parcel of land in Part Lot 24, Concession 9 to recognize and undersized agricultural lot. File: D13.1.55 Moved by J.Nezezon Seconded by J. Barclay "THAT the application by Jack Petrie,representing Robert&Hilary Roose to rezone a parcel of land in Part Lot 24,Concession 9 to recognize an undersized agricultural lot be accepted and forwarded to Cumming Cockburn Limited for by-law preparation." Disposition: Motion Carried Unanimously (d) Application by Jack Petrie,representing Roy Stewart to rezone a parcel of land in Lot 121,NTR to permit a retirement lot. File: D13.1.54 Moved by J. Volkaert Seconded by J.Nezezon "THAT the application by Jack Petrie,representing Roy Stewart to rezone a parcel of land in Lot 121,NTR to permit a retirement lot be accepted and forwarded to Cumming Cockburn Limited for by-law preparation." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Livestock in Rural Residential Zones. File: D13.1 Gary Blazak, Cumming Cockburn Limited was in attendance to answer questions about this matter. Deputy Reeve J. Volkaert asked if the clauses in Rural Residential and Estate Residential Zoning Regulations can be deleted from the Township's Zoning By-law relating to the keeping of livestock. G. Blazak responded that in the past when the zoning by-law was prepared,there were fewer rural residential and estate residential lots. In some circumstances, it would have COUNCIL MINUTES 157 AUGUST 1, 1996 been inappropriate to prohibit the keeping of a small complement of livestock given the character of the lot. 6. PLANNING,DEVELOPMENT &RECREATION(continued) He added that because situations have changed over the years, adherence to the MDS Agricultural Code of Practice has created a policing problem. He stated that he has no objection to the Township deleting these clauses. However,this issue could be addressed on a "site specific" basis, where the location and character of the property would be taken into consideration. After considerable discussion, Council decided to exercise its right to impose restrictions on a "site specific" basis about the keeping of livestock in Rural Residential and Estate Residential Zones. (b) Proposed application by Paul DePlancke to sever a lot on property known as Lots 16 & 17, Concession 8. File: D9.2.38 Gary Blazak, Cumming Cockburn Limited was asked to comment on this matter. Mr. Blazak stated that the site certainly has isolated characteristics,but is clearly not a retirement lot. Therefore a more involved official plan amendment would be required. He stated that based on his own view of the site and comments from Ontario Ministry of Agricultural and Food and Rural Affairs,the site has potential for official plan approval. Mr. Blazak indicated that the estimated time frame for official plan approval would be 6-10 months. 3. OTHER BUSINESS (a) Councillor Casier brought forward a request he received from Ken Nesbitt of the Corinth Recreation Board to install swing sets in the Corinth Park grounds. The cost of the equipment would be covered by proceeds from Nevada Lottery Ticket sales generated by the Corinth Recreation Committee. Mr.Nesbitt also told Councillor Casier that the equipment was to be purchased from a reputable company and the equipment would be CSA approved. Council agreed to allow the Corinth Recreation Committee to proceed with the plans as described above. 4. PUBLIC MEETINGS Public Meeting No. 1 1. Call to Order Moved by J. Barclay Seconded by J.Nezezon "THAT the Council Meeting be adjourned for the purpose of holding public meetings pursuant to the provisions of the Drainage Act and the Planning Act respectively." Disposition: Motion Carried Unanimously 2. Disclosure of pecuniary interest and general nature thereof Councillor Casier made a disclosure of pecuniary interest and the general nature thereof, left the room and refrained from discussion and voting on this item. COUNCIL MINUTES 158 AUGUST 1, 1996 4. PUBLIC MEETINGS(continued) 3. Subject (a) Drainage works to the Casier Drain situated in Part Lot 15, Concession 4. File: DC2.1 4. Staff Report John Spriet, of Spriet and Associates, Township Engineer reported that a meeting was held with affected property owners on July 2, 1996 to discuss the details of construction. Further, he has now completed a report containing cost estimates for the drainage works and assessment for future maintenance. He noted that the report indicates that one property will be assessed for the work, however, benefiting owners will be assessed for future maintenance. 4. Public Comments Mr. K. C. Emerson asked if any of the existing drainage pipe could be salvaged as it is removed. He agreed to pursue this matter with the contractor. 5. Council Questions and Comments None 6. Motion Moved by J. Barclay Seconded by J. Volkaert "THAT William Rimnyak,Linda Rimnyak and Kenneth C. Emerson be requested to execute an Agreement to waive their right to appeal the special assessment against property Roll No. 2-146 for the total cost of the drainage works to take place on the Casier Drain as set out in the report prepared by Spriet Associates, referred to as Job No. 96139 dated July 4, 1996." Disposition: Motion Carried Unanimously 7. Adjournment Public Meeting No. 2 1. Call to Order 2. Disclosure of pecuniary interest and general nature thereof. None 3. Application (b) An application submitted by John Wiggers for an amendment to the Township Zoning By-law to change the zoning on a parcel of land comprising approximately 2.02 hectares (5.0 acres) situated on the west side of Centre Street, in Part Lots 1, 2, 3 and 4, Registered Plan No. 17 and a parcel known as Park Lot 1, East of Centre Street,west of Plank Road, Registered Plan No. 17 to a Special Estate Residential Zone. COUNCIL MINUTES 159 AUGUST 1, 1996 4. PUBLIC MEETINGS(continued) 4. Staff Report Mr. Gary Blazak, Cumming Cockburn Limited provided Council with an overview of the application. He noted that in 1993 when he first looked at the lots,they didn't meet the current standards and the applicant agreed to submit a plan showing lot configurations for six lots on the west side of Centre Street and two parts which would make up future lots. In order to accomplish this,the applicant was required to go through the official plan amendment process. Additionally, soil tests were conducted to determine lot size in order to satisfy the requirements of the Elgin St. Thomas Health Unit. He indicated that the applicant has met all of the technical standards of the Province and local authorities and therefore all of the necessary criteria of good planning have been established to bring the lots up to current standard. 5. Presentation by Applicant No Presentation was made by the applicant. 6. Public Comments None 7. Council Questions and Comments None 8. Adjournment Public Meeting No. 3 1. Call to Order 2. Disclosure of pecuniary interest and general nature thereof No member of Council made a disclosure of pecuniary interest and the general nature thereof. 3. Application An application submitted by K. C.Emerson Limited and Jerry Seghers Real Estate for an amendment to the Township Zoning By-law to change the zoning on a parcel of land comprising approximately 0.4 hectares(1 acre) situated on the west side of Highway 19, in Lot 2, Concession 3 from Agricultural(A1)Zone to a Special Estate Residential (ER-13)Zone. 4. Staff Report Mr. Gary Blazak, Cumming Cockburn Limited appeared and stated that the subject property was originally part of the application by John Wiggers discussed at the previous public meeting. This application holds the same historical circumstances and was subject to the same official plan amendment application. He added that the lots have a frontage of 24 m (78.74 feet). COUNCIL MINUTES 160 AUGUST 1, 1996 4. PUBLIC MEETINGS(continued) 5. Presentation by Applicant Mr. Emerson reported that a reference plan is being prepared and the survey stakes are in with a frontage of 93 feet(28.34 m). 6. Public Comments None 7. Council Questions and Comments None 8. Adjournment Moved by J. Barclay Seconded by W. Casier "THAT the Public Meetings be Adjourned." Disposition: Motion Carried Unanimously 7. ROADS,AGRICULTURE &DRAINAGE I. CORRESPONDENCE& REPORTS (a) County of Elgin correspondence advising of a Council resolution requesting Townships to install all the county crossbuck signage when Township signs are installed and in exchange,the County will at its cost install all Ministry of Transportation overlays. File: T7.1 Moved by J. Barclay Seconded by J. Volkaert "THAT the County of Elgin be advised that the Township of Bayham is in agreement with the County Council Resolution asking the local Townships to install all the County crossbuck signage at no cost to the County and in exchange the County will install all Ministry of Transportation of Ontario overlays at no cost to the Township." Disposition: Motion Carried Unanimously (b) Staff Report 96.041 regarding the relocation of the Eden Drain as requested by Scott and Ruthanne Kristensen. File: DE.1.4 Moved by W. Casier Seconded by J.Barclay "THAT the staff report be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 161 AUGUST 1, 1996 7. ROADS,AGRICULTURE &DRAINAGE (continued) (c) Staff Report 96.042 regarding the Corinth Sidewalk and sodding of ditches in Corinth. Moved by J.Barclay Seconded by J.Nezezon "THAT the quotation from John Giesbrecht of McLaughlin Bros. of Tillsonburg Ready Mix for the installation of a new sidewalk at a total cost of $7,345.23 be approved; AND THAT the quotation from Lynn Scott of Scott Landscaping for sodding the ditch area in front of J.Osborne and P. &J.Mulvaney and S.Wagler and four strips down the remainder of the new ditch at a total cost of$1,412.40 be approved; AND THAT the necessary saw cuts be undertaken by Township staff. Disposition: Motion Carried 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 8. PROPERTY,BUILDING&PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Fire Chief Ken Laemers Memo advising of procedures for burning brush,kilns etc. File: P12.1 Moved by J.Volkaert Seconded by W. Casier "THAT the memo be received and filed." Disposition: Motion Carried Unanimously (b) Report from the Chief Building Official regarding permits issued for the month of July, 1996. File: P.08 Moved by J.Volkaert Seconded by J.Barclay "THAT the Building Permits for the month of July, 1996 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES 162 AUGUST 1, 1996 8. PROPERTY,BUILDING&PROTECTIVE SERVICES (continued) 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 9. FINANCE,ADMINISTRATION&PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Cheque Registers for the period ending July 31, 1996 and Cash Requirements for the period ending August 16, 1996. File: F10.3 Moved by W. Casier Seconded by J.Nezezon "THAT the Cash Requirements Report for the period ending August 16, 1996 be approved for payment; AND THAT the Cheque Register for the period ending July 31, 1996 be approved." Disposition: Motion Carried Unanimously (b) City of London correspondence seeking a letter of support for their bid for the 2001 Canada Games. File: A16.1 Moved by J.Volkaert Seconded by J.Nezezon "THAT the City of London be advised that the Council of the Corporation of the Township of Bayham offers its support in principle to the City of London's bid for the 2001 Canada Games." Disposition: Motion Carried Unanimously (c) Fanshawe College National Student Culinary Team seeking donations for an International Culinary Arts Competition. File: F11.1 Moved by J.Volkaert Seconded by J.Barclay "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 163 AUGUST 1, 1996 9. FINANCE,ADNIINISTRATION &PERSONNEL (continued) (d) Town of Aylmer correspondence seeking support for a resolution to request the Minister of Health to designate full time physicians to the Town. File: C9.1 Moved by W. Casier Seconded by J.Volkaert "THAT the Council of the Corporation of the Township of Bayham hereby endorses the following resolution of the Town of Aylmer dated July 24, 1996: 'Whereas, the Ministry of Health recruits physicians under the Underserviced Area Program; And Whereas, a meeting was held by the Mayor with the local physicians on July 15, 1996; Therefore, be it resolved that the Council of the Town of Aylmer request the Ministry of Health to designate the Town of Aylmer and surrounding area, as underserviced with respect to general family practitioner services; and That we request three(3)full-time resident physicians be recruited to Aylmer, Ontario; and That a copy of this resolution be forwarded to the local physicians and the Thames Valley District Health Council and the councils of the surrounding municipalities, including Elgin County Council,for their endorsement.' " Disposition: Motion Carried Unanimously (e) Jardine OME Limited correspondence regarding the ROMA Insurance Program Inc. File: L51 &A1.5 Moved by J.Barclay Seconded by J.Nezezon "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No items 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Ministry of Natural Resources correspondence regarding Port Burwell Provincial Park and waster supply. File: A16.8 COUNCIL MINUTES 164 AUGUST 1, 1996 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) Moved by J. Barclay Seconded by J. Volkaert "THAT the Ministry of Natural Resources be advised that the Township of Bayham would be in support of the Port Burwell Provincial Park purchasing water directly from the Township of Bayham, should negotiations with Port Burwell prove to be unsuccessful." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No items. 3. OTHER BUSINESS No Items 11. COMMITTEE OF THE WHOLE No Items 12. BY-LAWS Z-365/96 A By-law to rezone Lot 2, Concession 3,west of Highway No. 19-K. C. Emerson Limited and Jerry Seghers Real Estate. Z-366/96 A By-law to rezone Part Lots 1, 2, 3 &4,Registered Plan 17,Park Lot 1, east of Centre Street,west of Plank Road,Registered Plan 17-John Wiggers. 96-46 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 Ontario Clean Water Agency regarding proposed water and sewage works projects for the communities of Straffordville and Eden. 96-47 A By-law to provide for the levy of various drain maintenance. 96-48 A Provisional By-law to provide for drainage works-Casier Drain 1996. 96-49 Confirming By-law-July 23, 1996. 96-50 Confirming By-law-August 1, 1996. Moved by J. Barclay Seconded by J. Volkaert "THAT By-laws Z-365196,Z-366/96, 96-46,96-47,96-48 and 96-49 be read a first and second time. Disposition: Motion Carried COUNCIL MINUTES 165 AUGUST 1, 1996 12. BY-LAWS (continued) Moved by J. Barclay Seconded by J. Volkaert "THAT By-laws Z-365/96,Z-366/96, 96-46, 96-47and 96-49 be read a third time and finally passed." Disposition: Motion Carried Moved by J.Volkaert Seconded by J. Barclay "THAT By-law 96-50 be taken as read a first and second time." Dispositions Motion Carried Unanimously Moved by J.Nezezon Seconded by W. Casier "THAT By-law 96-50 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT Moved by W. Casier Seconded by J.Nezezon "THAT the Council Meeting be Adjourned at 10:15 p.m." Disposition: Motion Carried Unanimously ," 7iatte.4".. REEVE CLERK SPECIAL COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO August 8, 1996 7:30 P.M. The special meeting of Council of the Township of Bayham was held at 7:30 p.m. on Thursday, August 8, 1996 in the Council Chambers. Present were Reeve Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors John E. Barclay, Wayne Casier, John Nezezon and Administrator Treasurer Lynn S. Buchner. 1. CALL TO ORDER Deputy Reeve Volkaert called the meeting to order at 7:30 p.m. and Reeve Chute assumed the chair at 7:35 p.m.. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No member of Council made a disclosure of pecuniary interest and the general nature thereof. 4. DELEGATIONS (a) 7:30 p.m. - Cyril Demevere, Consulting Engineer and Andy Valickis,Engineers Ontario Clean Water Agency -Item 10.1(a) File: E5.3.1 5. INFORMATION ITEMS Correspondence from Elgin County Library Manager, Cathy Bishop - invitation to attend the Grand Opening of the Bayham Township Library and Straffordville Public School internet site,August 13, 1996 from 7:00 p.m. to 9:00 p.m. at the Bayham Township Library. Moved by J. Volkaert Seconded by J.Barclay "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously 10. ENVIRONMENT I. CORRESPONDENCE&REPORTS (a) Preliminary Class Environmental Assessment Phase 1 and 2 Report for Sewage and Water Projects for the Hamlet of Straffordville. Cyril Demeyere, Consulting Engineer and Andy Valickis,Engineer of Ontario Clean Water Agency presented Council with the Preliminary Class Environmental Assessment Phase 1 and 2 Report for sewage and water projects for the Hamlet of Straffordville. They went through the report in considerable detail emphasizing that the costs included were based on an assumption of 70% financial assistance since the actual level is not known at this time. COUNCIL MINUTES 169 AUGUST 8, 1996 Council enquired whether recent retesting of the water quality had taken place. Mr. Demeyere told Council that the statistics in the report were based on the a water quality study completed in January 1995 by Cyril J. Demeyere Limited and no retesting had taken place. It was suggested by Council that Mr.Demeyere monitor the school's water source by conducting bi-monthly tests of the school's water source to ensure safety of the children attending the school. Mr. Valickis informed Council that the Board of Education was responsible for ensuring acceptable water quality for the school. However, Council felt that if Mr. Demeyere were to monitor the school's water on a bi-monthly basis this would provide a good indication of the overall water quality in the Hamlet. Mr. Demeyere commented that the only way the levels of nitrate in the water would decrease would be the results of a significant amount of rainfall which would dilute it. He estimated the cost of testing to be approximately$30 per test. Mr. Valickis explained that the purpose of tonight's meeting was to identify a preferred solution to present to the Review Agencies and the Public for their comments. Comments received from the Review Agencies and the Public would then be assembled and form part of the final report for Phases 1 and 2 and assist in the selection of the final alternative. Council enquired if the sewer problem was solved if it would subsequently solve the water quality problem. Mr.Demeyere stated that the nitrates in the water source would likely decrease gradually over time. Mr. Valickis suggested that if the project were to proceed as expected a public meeting could be scheduled for late October. Council agreed that the communal systems would be the preferred preliminary alternatives for both the water and sewage projects for the Hamlet of Straffordville when considering the information provided in the Preliminary Draft Report and the input from Mr. Demeyere and Mr.Valickis. Moved by W. Casier Seconded by J.Nezezon "THAT the report be received and filed, AND THAT communal system alternatives for both municipal water and sewage projects be the recommended solutions to be forwarded to the review agencies and public for their comment, for the Hamlet of Straffordville." Disposition: Motion Carried Unanimously 6. BY-LAWS 96-51 Confirming By-law Moved by W. Casier Seconded by J.Nezezon "THAT By-law 96-51 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by J.Volkaert "THAT By-law 96-51 be read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 170 AUGUST 8, 1996 13. ADJOURNMENT Moved by J.Nezezon Seconded by W. Casier "THAT the Council Meeting be Adjourned at 10:05 p.m." Disposition: Motion Carried Unanimously f� 1� REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO August 15, 1996 7:00 p.m. The regular meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday, August 15, 1996 in the Council Chambers. Present were Reeve Vane Chute, Councillors John E. Barclay, Wayne Casier, John Nezezon, Administrator Treasurer Lynn S. Buchner, Roads Superintendent Bob Bartlett and Clerk Maureen Beatty. Absent was Deputy Reeve Joe Volkaert Sr. (vacation). 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 made a disclosure of pecuniary interest and the general nature thereof. 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES (a) Minutes of the Regular Council meeting held August 1, 1996 and Special Council Meeting held August 8, 1996. Moved by J.Nezezon Seconded by W. Casier "THAT the Minutes of the Regular Council Meeting held August 1, 1996 and Special Council Meeting held August 8, 1996 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:00 p.m. -Mr. John Gilvesy representing Paul Ens appeared and discussed a proposed rezoning and severance for a parcel known as Part Lots 118 & 119, STR. He noted that his client has farmed in the Township for more than ten years and has made a conditional offer to purchase the subject property located on County Road 38 and Mitchell Side Road providing that rezoning and severance approvals are possible. He stated that the parcel is 62.76 acres and he proposes to sever a seven acre parcel which contains the existing dwelling as surplus to his farming operation. Further,he noted that five of the seven acres are within the flood plain and that his client's intentions were for the retained parcel to be used for a small hobby farm use. Council referred this matter to staff for review and to prepare a response to Mr. Gilvesy. In addition to general planning policies, staff were instructed to examine the proposed lot size, road allowance status and access. (b) 8:00 p.m. -Roads Superintendent Bob Bartlett appeared and discussed Item 7.1(a) COUNCIL MINUTES 172 AUGUST 15, 1996 4. DELEGATIONS (continued) (c) 8:15 p.m. - Mike and JoAnne Ash appeared and requested Council's comments about the possibility of severing a 1.49 acre parcel from their property, known as Part Lots 15 & 16, Concession 1. Reeve Chute asked Mr. &Mrs. Ash to stake out the area of the proposed severance so that Council Members could view the site. This matter was referred to staff to investigate and comment. 5. INFORMATION ITEMS Moved by W. Casier Seconded by J.Nezezon "THAT Information Items 5(a)-5(f) be received and filed." Disposition: Motion Carried Unanimously a) County of Elgin correspondence regarding waste management services for the County and all municipalities within Elgin County. (Received and Filed) File: E7.3 &A16.2 (b) Harbour Lights Community News -July 6, 13,20 and 27,1996. (Received and Filed) File: M6.2 (c) Long Point Region Conservation Authority correspondence regarding Programs and Services Review-Results of Questionnaire. (Received and Filed) File: A16.6 (d) Municipal/Corporate Report"Environmental Law"- Summer, 1996. (Received and Filed) File: M6.1 (e) Township of Malahide Notices of Passing of By-laws and Official Plan Amendment. (Received and Filed) File: C2.1 (f) Association of Ontario Road Superintendents Newsletter, Summer, 1996. (Received and Filed) File: A1.15 6. PLANNING,DEVELOPMENT &RECREATION 1. CORRESPONDENCE&REPORTS (a) Proposed Severance and Rezoning by John Gilvesy on behalf of his client regarding Part Lots 118 & 119, STR. (Referred to staff for response). Files: D13.1 &D8.1 COUNCIL MINUTES 173 AUGUST 15, 1996 6. PLANNING,DEVELOPMENT &RECREATION (continued) (b) County of Elgin Notice of Land Division.Committee Public Meeting regarding Severance Application E 86/96 by Timothy Emerson,Part Lots 9& 10, Concession 3. File: D9.2.90 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 86/96 by Timothy Emerson for Part Lots 9 & 10, Concession 3,subject to the following conditions: a) That the applicant pay $500 cash in lieu of park dedication to the Township; b) That approval be given conditional upon Township Staff confirming that an open road allowance exists for both the severed portion, the retained portion and for property located adjacent to the west in order to confirm that a "land lock" situation does not occur." Disposition: Motion Carried Unanimously (c) K.C. Emerson correspondence requesting the Township to deed the north half of the alley south of Park Lot 2 to K.C.Emerson Enterprises Limited and the alley north of Park Lot 2 as instructed by Jerry Seghers. Further,he requested a partial refund of the$750.00 rezoning application fee for processing Rezoning By-law Z366/96. File: D13.1.52 Moved by J. Barclay Seconded by J.Nezezon "THAT staff be directed to undertake the necessary steps to convey the north half of the lane south of Park Lot 2, as shown on Reference Plan 11R- 6337 to K. C.Emerson Enterprises Limited at a cost of $ 1.00 and the lane North of Park Lot 2 as shown on Reference Plan 11R-6337 as instructed by Jerry Seghers a cost of$ 1.00, and the lane South of Park Lot 2 as shown on Reference Plan 11R-5854 as Part 2 to Brad Norris at a cost of$1.00; AND THAT legal costs be borne by the property owners; AND THAT the request by K. C.Emerson for a partial refund of the rezoning application fee be deferred until the rezoning by-law is in effect and pending confirmation by staff of costs incurred." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items COUNCIL MINUTES 174 AUGUST 15, 1996 6. PLANNING,DEVELOPMENT &RECREATION (continued) 3. OTHER BUSINESS (a) Councillor Casier announced that Straffordville Minor Baseball had installed fencing at the rear diamond at their expense. Moved by W. Casier Seconded by J.Nezezon "THAT a letter of appreciation be sent to the Straffordville Minor Ball for their work in installing fencing at the Straffordville Ball Park". Disposition: Motion Carried Unanimously (b) Councillor Casier asked for preliminary comments on behalf of Raymond Weber who operates a welding shop. Specifically, about the possibility of obtaining a severance as his property is divided by a municipal open ditch. Council advised that staff should be given the details and would research the matter. 4. PUBLIC MEETINGS None 7. ROADS,AGRICULTURE & DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Staff Report 96045 regarding Road Department Activities. File: T6.1 Moved by J. Barclay Seconded by J.Nezezon "THAT the Staff Report be received and filed". Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J.Nezezon "THAT the Administrator and the Roads Superintendent be authorized and directed to call for Tenders for a sander,dump and wing body." Disposition: Motion Carried Unanimously COUNCIL MINUTES 175 AUGUST 15, 1996 7. ROADS,AGRICULTURE &DRAINAGE (continued) (b) Staff Report 96044 regarding a drain petition for the Gilvesy-Baldwin drain. File: DG.5 Moved by J.Barclay Seconded by W. Casier "THAT John Spriet of Spriet and Associates, Consulting Engineers be retained to examine the area described in the Drain Petition for Gilvesy/Baldwin and to proceed with the necessary steps in accordance with the Drainage Act." Disposition: Motion Carried Unanimously (c) Township of Malahide By-law 96-32 and notice of Court of Revision on September 5, 1996 regarding the Cheeseman Drain. Moved by J.Barclay Seconded by J.Nezezon "THAT the correspondence be received and filed; AND THAT Deputy Reeve Joe Volkaert be appointed to serve on the Court of Revision scheduled for September 5, 1996 at the Township of Malahide Office. Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) The Administrator announced that she had received a call from a property owner in Corinth who indicated they are pleased with the drain installation and associated work in progress which should be completed by next week. 8. PROPERTY,BUILDING &PROTECTIVE SERVICES 1. CORRESPONDENCE& REPORTS No Items 2. UNFINISHED BUSINESS No Items COUNCIL MINUTES 176 AUGUST 15, 1996 8. PROPERTY,BUILDING &PROTECTIVE SERVICES (continued) 3. OTHER BUSINESS (a) The Administrator advised Council of a problem with the air conditioning unit at the Community Centre which resulted from it being struck by lightening. She noted that the unit had also been repaired for work under warranty. The Community Centre Manager was asked to make arrangements for the installation of a commercial filter as opposed to the residential filter currently in place. Further, she stated that insurance coverage for the damage would be investigated pending the cost of repairs and the respective deductible. (b) Councillor Casier announced that the front doors of the Community Centre were recently damaged by vandalism and Board Members are obtaining quotations for industrial steel doors. 9. FINANCE,ADMINISTRATION&PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Cheque Registers for the period ending August 12, 1996 and Cash Requirements for the period ending August 30, 1996. File: F10.3 Moved by W. Casier Seconded by J. Barclay "THAT the Cash Requirements Report for the period ending August 30, 1996 be approved for payment; AND THAT the Cheque Register for the period ending August 12, 1996 be approved." Disposition: Motion Carried Unanimously (b) The Arthritis Society requesting the Township to proclaim the month of September as "Arthritis Awareness Month in Bayham Township"and extending an invitation to the Reeve to attend a Kick Off Barbecue in Victoria Park on August 28,1996. File: C9.1 Moved by J.Barclay Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items COUNCIL MINUTES 177 AUGUST 15, 1996 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) 3. OTHER BUSINESS (a) The Administrator announced that Margaret Underhill has been hired to fill the maternity leave for Nettie Froese whose last day at the Township office will be Friday,August 23, 1996. 10. ENVIRONMENT CORRESPONDENCE& REPORTS (a) Town of Dryden correspondence seeking endorsement of a resolution regarding industry support of recycling programs. File: C9.1 Moved by W. Casier Seconded by J.Nezezon "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) The Administrator made reference to a Statement by Tillsonburg Mayor Cam McKnight at a recent Council Meeting which she circulated with the Council Agenda. She made specific reference to the statement "As it stands, today the project is dead Landowners have said they would not sell and if that's the case, Tillsonburg has no intention to expropriate it from those land owners" She indicated that she had received several letters in support of Bayham Council's position on the landfill issue and one unsigned letter in support of a landfill site. She announced that the Council of South West Oxford recently passed a Council Resolution indicating their support for Bayham's position. She stated that copies of newspaper articles written on the subject are available for Council Members to peruse. Reeve Chute commented that while Council is pleased with Tillsonburg's decision not to proceed,he was concerned with statements made by the Town of Tillsonburg and WMI Waste Management about finances. In particular,he noted that there was no firm guarantee about revenues and there were many unknown factors. He stated that WMI Waste Management were hoping to be selected for the Toronto waste contract,however it they were not successful in their bid, a municipality would end up with a landfill site with no guaranteed revenue. With respect to Mayor McKnight's comment concerning the fact that Bayham Council members did not tour Michigan landfill sites,Reeve Chute noted that Council did not believe they held the expertise to formulate an opinion about landfill simply by touring a site. He stressed that had this municipality chosen to seriously pursue the matter,professional expertise would have been sought. Reeve Chute stated that the landfill situation will be monitored and if there is any indication that Tillsonburg is still proceeding, further action will be taken by Bayham Township. COUNCIL MINUTES 178 AUGUST 15, 1996 10. ENVIRONMENT (continued) (b) The Administrator Lynn Buchner announced that the time of the meeting scheduled for September 3, 1996 regarding the Water/Sewage Study for the Hamlet of Eden has been changed to 7:00 p.m. 11. COMMITTEE OF THE WHOLE No Items 12. BY-LAWS 96-52 Confirming By-law-August 15, 1996. Moved by W. Casier Seconded by J.Nezezon "THAT By-law 96-52 be read a first and second time. Disposition: Motion Carried Unanimously Moved by J.Nezezon Seconded by W. Casier "THAT By-law 96-52 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT Moved by W. Casier Seconded by J.Nezezon "THAT the Council Meeting be Adjourned at 9:05 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 September 3, 1996 7:00 P.M. The special meeting of Council of the Township of Bayham was held at 7:00 p.m. on Tuesday, September 3, 1996 in the Council Chambers. Present were Deputy Reeve Joe Volkaert Sr., Councillors John E. Barclay, John Nezezon and Administrator Treasurer Lynn S.Buchner. Absent were Reeve D.Vane Chute and Councillor Wayne Casier. 1. CALL TO ORDER Deputy 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 made a disclosure of pecuniary interest and the general nature thereof. 4. DELEGATIONS (a) 7:00 p.m.-Cyril Demeyere,Consulting Engineer and Andy Valickis,Engineer, Ontario Clean Water Agency -Item 10.1(a) File: E5.3.2 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Preliminary Class Environmental Assessment Phase 1 and 2 Report for Sewage and Water Projects for the Hamlet of Eden. Cyril Demeyere, Consulting Engineer and Andy Valickis,Engineer of Ontario Clean Water Agency presented Council with the Preliminary Class Environmental Assessment Phase 1 and 2 Report for sewage and water projects for the Hamlet of Eden. They went through the report in considerable detail emphasizing that the costs included were based on an assumption of 70% financial assistance since the actual level is not known at this time. Mr.Demeyere explained that the mobile home park,Highway Meadows Inc.,located approximately 1,000 m north of Eden on Highway No. 19 has the potential of increasing by 133 lots to full capacity. It has been projected by the owner of Highway Meadows Inc. that the park would expand to full capacity within five years if water and sewage services were available. However,the population growth as a result of this development has not been considered in this report. Mr. Demeyere stated that the approximate cost of Engineering and Contracting fees for the combined projects of Eden and Straffordville to the end of August were$36,000 to $37,000. Mr.Valickis explained that with the STEP sewage system cost saving could possibly be realized if directional boaring was used to install the line rather than the traditional trenching method. Directional boaring has the potential of significantly reducing restoration costs. COUNCIL MINUTES 193 September 3, 1996 Mr. Valickis also explained that the sand filtre and reed bed system is a modular type project which is easily expandable at small increments whereas the conventional sewage treatment plant is usually quite extensive and costly when expansion is required. Therefore, in times of little provincial funding it may be wise to consider the less costly method of sand filtre and reed bed system. Mr. Valickis elaborated by making reference to a similar system in Quebec where one person is employed on a part-time basis to check the system weekly or biweekly with periodic sampling required by MOEE. He compared this data to the conventional sewage system requiring a full-time operator at an approximate $50,000 salary plus operational expenses reaching as much as $120,000 per year. He suggested sand filtre and reed bed systems should be encouraged to the MOEE as an affordable, effective solution to sewage treatment. Mr. Demeyere responded to a question regarding the possibility that the aquifier could be contaminated by the existing contaminated deep wells. Mr. Demeyere explained that Wilson Contractors, who test the water quality, felt that the possibility was highly unlikely, however, there is no guarantee on the water quality of future wells. Further to Council's concern raised at the meeting held to review the preliminary Class EA for the Hamlet of Straffordville,Mr. Demeyere informed Council that the Elgin- St.Thomas Health Unit is monitoring the treated water supply for the Straffordville Public School. Mr. Demeyere has asked Martha Giesbrecht of the Health Unit to test the raw water. He expects this to be done and reported upon some time in September. Council had also suggested at the previous meeting that they would like a sample of area wells retested to monitor the situation and determine if the water quality is remaining static or if it is deteriorating. Mr. Demeyere noted that Wilson Contractors provided him with a quote of approximately $2,000 to perform this testing which would take three weeks to complete. Mr. Demeyere highly recommended this procedure as it would provide evidence which could ultimately assist Council in deciding on the most favourable alternative solution considering water quality. Council agreed to have Wilson Contractors to proceed with the testing of existing wells. It was suggested by Mr. Valickis that once the final Preliminary Report is compiled, Council receive a copy and if needed, set up another meeting with Mr. Demeyere and himself, otherwise a meeting should be arranged for one hour before the public meeting to clarify any concerns and determine the proceedings of the public meeting. A copy of the handout to be distributed to the members of the public who attend the meeting will also be sent to Council in advance for their review and approval. Council agreed that the communal systems would be the preferred preliminary alternatives for both the water and sewage projects for the Hamlet of Eden when considering the information provided in the Preliminary Draft Report and the input from Mr. Demeyere and Mr. Valickis. Moved by J.Nezezon Seconded by J. Barclay "THAT the report be received and filed; AND THAT communal system alternatives for both municipal water and sewage projects be the recommended solutions to be forwarded to the review agencies and public for their comment,for the Hamlet of Eden; AND THAT Cyril J.Demeyere Limited proceed with instructing Wilson Contractors to perform water quality testing on existing wells in the area at a cost not to exceed $2,000." Disposition: Motion Carried Unanimously 6. BY-LAWS 96-54 Confirming By-law COUNCIL MINUTES 194 September 3, 1996 Moved by J. Barclay Seconded by J.Nezezon "THAT By-law 96-54 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J.Nezezon Seconded by J. Barclay "THAT By-law 96-54 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT Moved by J. Barclay Seconded by J.Nezezon "THAT the Council Meeting be Adjourned at 8:45 p.m." Disposition: Motion Carried Unanimously REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O.BOX 160 STRAFFORDVILLE, ONTARIO September 5, 1996 7:00 p.m. The regular meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday, September 5, 1996 in the Council Chambers. Present were,Reeve Vane Chute, Deputy Reeve Joe Volkaert Sr. (left at 7:34 p.m., returned at 8:30 p.m.), 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 7:00 p.m. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No Member of Council made a disclosure of pecuniary interest and the general nature thereof. 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES (a) Minutes from the regular Council Meeting held August 29, 1996. Deputy Reeve Volkaert asked about the status of the proposal by Mr. Ron Chatten to provide commemorative mugs at a cost$10.00 each. Moved by J. Volkaert Seconded by J. Barclay "THAT ten commemorative mugs be ordered from Mr. Ron Chatten at a cost of$10.00 each." Disposition: Motion Carried Unanimously Moved by J.Barclay Seconded by J.Nezezon "THAT the Minutes of the Regular Council Meeting of August 29, 1996 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:15 p.m. -Mr. Doug Dennis appeared and requested that consideration be given by the Township to undertake road improvements to Dennis Road between McQuiggan Line north-easterly to approximately 300 yards at the top of the hill, Part Lot 6, Concession 3. He stated that the purpose for his request was in order to gain future access to property he recently purchased for future building lots. See Item 7.1 (a) COUNCIL MINUTES 196 SEPTEMBER 5, 1996 4. DELEGATIONS (continued) (b) 7:45 p.m. -Mr. Craig Hurst,Wish 'N Win Bingo appeared and urged Council to permit the sale of Wish'N Win T.V. Bingo Cards by retailers in the Township. Mr. Hurst recalled that the Ontario Sports and Recreation Centre Inc. had unsuccessfully applied for permission earlier in the year. He noted that the program is operated under the conditions of the Ontario Gaming Control and is licenced under the City of London,however they require individual municipal authorization in order to sell the cards through retailers. Further, he stated that proceeds would be divided by three organizations: 1)Ontario Sports and Recreation Centre Inc. who provide training and certification programs; 2) Canadian Diabetes Association for research facilities; and 3) Canadian Association of Hospital Auxiliaries where funds will be divided equally on a pro-rated basis to community hospitals. See Item 9.1 (i) 5. INFORMATION ITEMS Moved by J.Nezezon Seconded by J. Barclay "THAT Information Items 5(a)-5(d) be received and filed." Disposition: Motion Carried Unanimously (a) Township of Southwold invitation to attend the Official Opening of the new Fingal Fire Hall, Saturday, September 14, 1996. (Received and Filed) (b) Ministry of Finance correspondence regarding reassessment in Elgin County. (Received and Filed) File: F22.1 (c) Ontario March of Dimes correspondence regarding Bill 75 -Video Lottery Terminals. (Received and Filed) File: P07 &L101 (d) Village of Dutton invitation to Reeve and Council to attend the "Annual Bobier Home Fall Classic 9 Hole Golf Tournament" on September 21, 1996 at the Dutton Golf and Country Club. (Received and Filed) 6. PLANNING,DEVELOPMENT &RECREATION 1. CORRESPONDENCE&REPORTS No Items COUNCIL MINUTES 197 SEPTEMBER 5, 1996 6. PLANNING,DEVELOPMENT &RECREATION (continued) 2. UNFINISHED BUSINESS (a) Request from K. C. Emerson for partial refund of rezoning application fee. File: D13.1.52 This item was deferred further as the invoice for by-law preparation has not vet been received from Cumming Cockburn Limited. 3. OTHER BUSINESS No Items 4. PUBLIC MEETINGS None 7. ROADS,AGRICULTURE &DRAINAGE I. CORRESPONDENCE& REPORTS (a) Request from Doug Dennis for the Township to maintain part of Dennis Road, Part Lot 6, Concession 3. File: T6.1 Moved by J. Volkaert Seconded by J. Barclay "THAT Doug Dennis be requested to submit a letter to the Township of Bayham detailing his proposal for the Township to maintain a portion of the old travelled road between McQuiggan Line and Dennis Road; AND THAT this matter be referred to staff to investigate and report back to Council." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) The Administrator advised that the roadwork which has been undertaken over the summer has been completed and that the crew is working on the Godby Road culvert. She noted that grass cutting has been ongoing for the past week. 3. OTHER BUSINESS (b) Having returned from a Court of Revision in the Township of Malahide,Deputy Reeve Volkaert announced that the tender for the Cheeseman Drain had been awarded to Van Bree Drainage&Bulldozing at a tender price of$50,700.00 (not including gst). He noted that Bayham's share would be $2,700 for boring under the road. COUNCIL MINUTES 198 SEPTEMBER 5, 1996 7. ROADS,AGRICULTURE &DRAINAGE (continued) 4. PUBLIC MEETING Moved by W. Casier Seconded by J. Barclay "THAT the Council meeting be adjourned for the purpose of holding a Public Meeting pursuant to the provisions of the Drainage Act." Disposition: Motion Carried Unanimously L Call to Order 2. Disclosure of pecuniary interest and the general nature thereof No Member of Council made a disclosure of pecuniary interest and the general nature thereof. 3. Staff Report The Administrator indicated that a report was prepared by Spriet Associates for the proposed work on the Eden Drain. She noted that the purpose of these works is to relocate the existing drain to accommodate the construction of a residential unit on Part Lot 23, Concession 9. The new location of the drain will be to the west of the proposed house with no sudden changes in direction and the drain will be lengthened by 40 feet with the grade remaining the same. The tile size will be increased from 8" to a 10" to make up for the additional length. She indicated that since the works had been proposed by the landowner, all related expenses will be borne by the Kristensens. She stated the date for the Court of Revision has been set for October 3, 1996. Moved by J. Barclay Seconded by W. Casier "THAT the staff report be received and filed." Disposition: Motion Carried Unanimously 5. Public Comments None 6. Council Questions and Discussion None 7. Adjournment Moved by J.Nezezon Seconded by J. Barclay "THAT the Public Meeting be adjourned." Disposition: Motion Carried Unanimously COUNCIL MINUTES 199 SEPTEMBER 5, 1996 8. PROPERTY,BUILDING& PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) Staff Report from the Chief Building Official regarding permits issued for the month of August, 1996. Moved by W. Casier Seconded by J. Barclay "THAT the building permits for the month of August, 1996 be approved.". Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 9. FINANCE, ADMINISTRATION & PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Ontario Sports&Recreation Centre Inc. correspondence regarding Bingo Cards for Wish'N Win T.V. Bingo. File: P07 Moved by W. Casier Seconded by J. Barclay "THAT the Canadian Diabetes Association be granted permission to sell Wish 'N Win T.V. Bingo cards through retail outlets in the Township of Bayham for a period of six weeks from September 7- October 12, 1996." Disposition: Motion Defeated Moved by J. Barclay Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (b) Cheque Registers for the period ending August 31, 1996 and Cash Requirements for the period ending September 16, 1996. File: F10.3 COUNCIL MINUTES 200 SEPTEMBER 5, 1996 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (continued) Moved by W. Casier Seconded by J.Volkaert "THAT the Cash Requirements for the period ending September 16, 1996 be approved for payment; and that the Cheque Register for the period ending August 31, 1996 be approved." Disposition: Motion Carried Unanimously (c) Township of Mariposa correspondence seeking endorsement of a resolution regarding a detailed review of municipal drainage works. File: A16.1 Moved by W. Casier Seconded by J.Nezezon "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) The Administrator announced that as a result of the August 30, 1996 tax collection, she was able to invest$700,000. Further,there is a 30.4% decrease in tax arrears from the same period in 1995. 10. ENVIRONMENT I. CORRESPONDENCE& REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) The Administrator provided remarks about the Special Council Meeting held September 3, 1996 at which time Cyril Demeyere, Consulting Engineer and Andy Valickis,Engineer, Ontario Clean Water Agency were in attendance to discuss the Eden sewage and water study. She noted that the minutes would address the Engineers' comments about alternatives such as sand filters vs. reed beds. COUNCIL MINTJTES 201 SEPTEMBER 5, 1996 11. COMMITTEE OF TILE WHOLE Moved by J.Nezezon Seconded by W. Casier "THAT Council do now rise to enter into an "In Camera" Committee of the Whole session to discuss a property matter." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE (a) Council received a verbal report from the Administrator Treasurer and reviewed a draft lease agreement between the Township and Amtelecom. 2. UNFINISHED BUSINESS No item 3. OTHER BUSINESS No item Moved by J.Nezezon Seconded by W. Casier "THAT the Committee of the Whole do now rise from the "In Camera" Session and report." Disposition: Motion Carried Unanimously Moved by J.Volkaert Seconded by J. Barclay "THAT the Township of Bayham enter into an agreement with Amtelecom Group Inc. to lease a parcel of land comprised of Part Lot 1,North of First Street,west of Main Street and Part of Lot 1,North-west of Main Street, northerly from First Street, all as shown on Registered Plan 113 for telecommunications equipment; AND THAT a by-law authorizing execution of the said agreement and the final revised agreement be presented to Council for approval." Disposition: Motion Carried Unanimously 12. BY-LAWS 96-55 A Provisional By-law to provide for drainage works the Eden Drain. 96-56 Confirming By-law COUNCIL MINUTES 202 SEPTEMBER 5, 1996 12. BY-LAWS (continued) Moved by J. Barclay Seconded by J. Volkaert "THAT By-law 96-55 be read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by J. Volkaert "THAT By-law 96-56 be read a first and second time." Disposition: Motion Carried Unanimously Moved by J.Nezezon Seconded by W. Casier "THAT By-law 96-56 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT Moved by J.Nezezon Seconded by W. Casier "THAT the Council Meeting be Adjourned at 9:10 p.m." Disposition: Motion Carried Unanimously ree5-; REEVE CLERK SPECIAL COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O.BOX 160 STRAFFORDVILLE,ONTARIO September 11, 1996 7:30 P.M. The special meeting of Council of the Township of Bayham was held at 7:30 p.m. on Wednesday, September 11, 1996 in the Committee Room. Present were Reeve D.Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors John E. Barclay, Wayne Casier, John Nezezon and Administrator Treasurer Lynn S. Buchner. 1. CALL TO ORDER Reeve D.Vane Chute called the meeting to order at 7:30 p.m.. 2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No member of Council made a disclosure of pecuniary interest and the general nature thereof. 6. PLANNING,DEVELOPMENT &RECREATION 1. CORRESPONDENCE& REPORTS Elgin County/City of St.Thomas Re-Engineering Study Interim Report The Administrator presented a copy of a press release received from the County of Elgin. The press release refers to the first Interim Report of the Re-Engineering Study which contains three alternatives selected from seven which were provided by the facilitator of the Study. The three alternatives represent the least degree of change(#3),the greatest degree of change (#7)and a solution deemed to be in the middle(#6). The Steering Committee has selected these alternatives to be presented to County Council on September 24th and to City Council September 16th for further consideration and evaluation. The next phase of the study will involve an analysis of the financial implications of the three alternatives compared to maintaining the status quo. The financial analysis is expected to be available to the Steering Committee for consideration and recommendation of a preferred alternative by the end of October. The third phase of the study will involve at least three public meetings and the formal review by each of the municipalities within Elgin County. A final report is expected to be tabled before the County and City Councils early in the new year. The fourth and final phase involves implementing the selected alternative. The cost of the Re-Engineering Study is expected to be slightly less than$59,000. It was Council's concern, from discussions with other Municipal Councillors within Elgin County,that consensus may not be possible at the County level when selecting a preferred alternative. If this is the case, it is speculated that a Commissioner from the Province will be invited to impose upon the County the best alternative,based on his opinion. Council expressed concern that this procedure would not consider the best interests and would not maintain the existing quality of life for the residents of Elgin County. Reeve Chute suggested that the common services which require more expertise and significant financial commitments could possibly be administered at the County level to realize a cost savings. It was the general consensus of Council that the Study was placing too much emphasis on boundary adjustments,whereas the focus may be better directed to restructuring the administration of the Villages and Townships. It was recommended that a different approach to the Study be taken. The suggestion was to consider cost analysis and savings on restructuring administration based on the boundaries as depicted on Schedule I(Townships and City)of the report, with the exception of Aylmer remaining a separate municipality,resulting in eight municipalities. COUNCIL MINUTES 204 September 11, 1996 It was also suggested that the boundaries of St.Thomas not be expanded to include the Talbotville Ford Motor Plant. The following services were those discussed which should be investigated for potential cost savings if administered at the County level: Planning&consulting Waste management Water/sewage management Homes for the aged Welfare Libraries Emergency planning Policing Fire protection Conservation authority Engineering Legal Industrial development Council felt that the cost savings in these areas could more easily be determined and monitored than those, if any, that would result strictly from boundary adjustments. Moved by J.Nezezon Seconded by J.Barclay "THAT the Interim Report for the Elgin County/City of St. Thomas Re-Engineering Committee on the Re-Engineering study be accepted for for comment" Disposition: Motion Carried Unanimously 6. BY-LAWS 96-58 Confirming By-law Moved by J. Volkaert Seconded by W. Casier "THAT By-law 96-58 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by J. Barclay "THAT By-law 96-58 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT Moved by W. Casier Seconded by J.Nezezon "THAT the Council Meeting be Adjourned at 10:20 p.m." Disposition: Motion Carried Unanimously COUNCIL MINUTES 205 September 11, 1996 Cee:V 41444A-'4 , REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE,ONTARIO September 19, 1996 7:00 p.m. The regular meeting of Council of the Township of Bayharn was held at 7:00 p.m. on Thursday, September 19, 1996 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 made a disclosure of pecuniary interest and the general nature thereof. 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES (a) Moved by J.Nezezon Seconded by W. Casier "THAT the Minutes of the Special Council Meeting held September 3, 1996, Regular Council Meeting held September 5, 1996 and Special Council Meeting held September 11, 1996 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:30 p.m. -Mr. Norm McKeen,Amtelecom Group Inc. appeared and discussed the proposed lease agreement with the Township regarding property composed of Part Lot 1, North of First Street, West of Main Street and Part Lot 1,North-west of Main Street, northerly from First Street all shown on Registered Plan 113 in the Village of Eden. In response to questions from Council,Mr. McKeen indicated that the long term lease would ensure the property was available for the life of the equipment. Further, he assured Council that the cabinet structure and ductwork could be placed either at the front or the back of the property to suit the future needs of the Township for any works which are required for road widening, servicing etc. A map identifying the location of the equipment would be attached to the agreement.- See Item 9.1 (a) (b) 7:45 p.m. - Fire Chief Ken Laemers and Deputy Fire Chief Merlin Norris appeared and commented on the proposed by-law 95-19 which had been drafted to regulate the setting of fires in the Township. Chief Laemers expressed concern for the need for a burning by-law. He cited several fire calls which have occurred in 1995 and 1996 where a controlled fire has developed out of control requiring an emergency response resulting in total expenditures exceeding$6,500.00. He also noted that he has received complaints about residents burning garbage. - See Item 8.1 (c) (c) 8:00 p.m. -Road Superintendent Bob Bartlett regarding Items 9.1 (b) and 9.1 (m). COUNCIL MINUTES 207 September 19, 1996 5. INFORMATION ITEMS Moved by J. Volkaert Seconded by J. Nezezon "THAT Information Items 5(a) - 5(m) be received and filed." Disposition: Motion Carried Unanimously (a) Union Gas Limited correspondence regarding the Union and Centra Gas merger. (Received and Filed) File: L4.2 (b) Ministry of Natural Resources correspondence regarding their rabies vaccine-baits program over large sections of south-western and central Ontario and parts of eastern Ontario. (Received and Filed) File: A16.8 (c) Ministry of Municipal Affairs and Housing correspondence regarding Ontario Regulation 199/96 affecting Zoning By-laws,Holding By-laws and Interim Control By-laws. (Received and Filed) File: A16.7 &D13.1 (d) Long Point Region Conservation Authority Minutes of their meeting of August 7, 1996. (Received and Filed) File: A16.6 (e) Long Point Region Conservation Authority Summer 1996 Newsletter"Conservation Matters". (Received and Filed) File: A16.6 (f) Kettle Creek Conservation Authority Notice of Annual Conservation Tour, Saturday, October 5, 1996 via Port Stanley Terminal Rail. (Received and Filed) File: A16.6 (g) OMERS Member Update, Issue No. 48, August 1996. (Received and Filed) File: 1110.1 (h) The Canadian Institute notice of an"Alternative Service Delivery Workshop", October 23 & 24, 1996. (Received and Filed) File: A4.1 (i) Ministry of Education and Training News Release announcing a new"Who Does What" Sub-panel on education financing. (Received and Filed) File: A16.1 (j) Ontario Good Roads Association Notice of Benchmarking Seminars and July/August, 1996 Publication"Municipal Routes". (Received and Filed) File: A16.16 COUNCIL MINUTES 208 September 19, 1996 5. INFORMATION ITEMS (continued) (k) Township of Malahide notice of passing of by-law to rezone a 1.6 hectare parcel of land from Future Development(FD)to Special Institutional to permit the expansion of an institutional Zone to accommodate sports fields associated with the Evangelical Mennonite Mission Church. (Received and Filed) File: C0.9 (1) Harbour Lights Community News-August 3, 10, 17, & 31, 1996. (Received and Filed) File: M6.2 (m) Elgin County Board of Education correspondence regarding Eden Public School. (Received and Filed) File: A16.3 6. PLANNING,DEVELOPMENT &RECREATION I. CORRESPONDENCE& REPORTS (a) Staff Report 96050 regarding appointments and remuneration for Members of the Committee of Adjustment. - See By-law 96-57 File: C11.1 &D12.1 Moved by J.Nezezon Seconded by J. Volkaert "THAT the staff report be received and filed." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by J. Barclay "THAT staff be directed to investigate and report back to Council on the establishment of a special fund for the erection of a park bench and community bulletin board in the Village of Straffordville, at the request of Mr. Ron Chatten; AND THAT Mr. Chatten be paid for his attendance at Committee of Adjustment Hearings,in accordance with By-law 96-57 who may donate the money back to the Township for this purpose,if he so wishes." Disposition: Motion Carried Unanimously (b) County of Elgin Notice of Land Division Committee Public Meeting regarding Severance Application E93/96 by Robert and Joan Gregson,Part Lots 16 & 17, Concession Gore (S.T.R.). File: D9 COUNCIL MINUTES 209 September 19, 1996 6. PLANNING,DEVELOPMENT & RECREATION (continued) 1. CORRESPONDENCE&REPORTS (continued) Moved by W. Casier Seconded by J. Volkaert "THAT the County of Elgin Land Division Committee be advised that the Township of Bayham recommends approval of Severance Application E 93/96 by Robert and Joan Gregson for Part Lots 16 & 17, Concession South Gore, subject to the following condition: a) That the applicant pay$500 cash in lieu of park dedication to the Township." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Request from K .C. Emerson for a partial refund of the rezoning application fee paid for By-law Z365-96 to rezone Part Lot 15, Concession 3. File: D13.1.52 Moved by J.Volkaert Seconded by W. Casier "THAT the request by K. C. Emerson for a partial refund of the rezoning application fee paid for Rezoning By-law Z365-96 to rezone Part Lot 15, Concession 3, be refused." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS No Items 4. PUBLIC MEETINGS No Items 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE& REPORTS (a) Staff Report 96053 presenting 1996 road budget projections. File: F5.1 Moved by J.Volkaert Seconded by W. Casier "THAT the staff report be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items COUNCIL MINUTES 210 September 19, 1996 3. OTHER BUSINESS No Items 4. PUBLIC MEETINGS No Items 8. PROPERTY,BUILDING& PROTECTIVE SERVICES 1. CORRESPONDENCE& REPORTS (a) Staff Report 96043 regarding the Line Fences Act. File: P1.11 Moved by W. Casier Seconded by J. Nezezon "THAT staff be directed to report back to Council with a By-law to appoint Fence Viewers and to set out an appropriate per diem to be paid for each attendance which is comparable to other municipalities." Disposition: Motion Carried Unanimously (b) Staff Report 96051 regarding a closed road allowance between Lots 118 & 119, STR and a request for a Quit Claim Deed. File: T9.1 Moved by J. Barclay Seconded by J. Volkaert "THAT Mr. Robert O. Hall, Gloin,Hail & Shields,Barrister& Solicitor, representing Mr. Paul Ens be advised that the Township of Bayham agrees to execute a Quit Claim Deed for Part Lots 118 & 119, S.T.R,including the unopened road allowance located between Lots 118 & 119, immediately south of Talbot Road which was closed by Township By-law 396 on December 12, 1881; AND THAT the Quit CIaim Deed be prepared by the purchaser's solicitor and the Purchaser be required to pay all costs associated with the preparation and registration of the said Deed, including any legal cost incurred by the Township for review of the Deed." Disposition: Motion Carried Unanimously (c) Proposed By-law to regulate the burning of fires. File: P12.1 Moved by J. Volkaert Seconded by J. Barclay "THAT staff be directed to present to Council for consideration, a by-law pursuant to Section 210, Paragraph 35 of the Municipal Act prescribing regulations for the setting of fires in the open air(burning by-law)." Disposition: Motion Carried Unanimously COUNCIL MINUTES 211 September 19, 1996 8. PROPERTY,BUILDING&PROTECTIVE SERVICES (continued) 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 9. FINANCE,ADMINISTRATION&PERSONNEL 1. CORRESPONDENCE& REPORTS (a) Lease Agreement with Amtelecom Group Inc. File: L4.1 Moved by J. Barclay Seconded by J.Vollcaert "THAT the Agreement between Amtelecom Group Inc. and the Township of Bayham for the lease of Township owned vacant land known as Part Lot 1, Plan 113, Eden,be amended to indicate the lease would be for a term of 99 years; AND THAT the Agreement include a map showing the exact location of the property that will be utilized by Amtelecom Group Inc. and the remaining land available for future servicing by the Township,when required." Disposition: Motion Carried Unanimously (b) Tender Opening for the purchase of a Sander. File: F18.1 Tenders were opened and read by the Administrator as follows: Supplier Tender Price Viking $47,403 incl. gst& pst Champion $47,007.40 incl. gst&pst Moved by J.Barclay Seconded by W. Casier "THAT the tenders for the supply of a sander,having been opened at the September 19, 1996 Council meeting be accepted; AND THAT Council agrees to approve the lowest bid if deemed appropriate,pending staff review." Disposition: Motion Carried Unanimously COUNCIL MINUTES 212 September 19, 1996 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) 1. CORRESPONDENCE& REPORTS (continued) (c) Elgin/St. Thomas Library Amalgamation Report. File: R2.1 Moved by J.Barclay Seconded by W. Casier "THAT the Draft Elgin/St. Thomas Library Amalgamation Report be accepted for review by the Township of Bayham." Disposition: Motion Carried Unanimously (d) Response to the first Interim Report of the Elgin/St. Thomas Re-engineering Study. File: A16.2.1 Moved by J.Barclay Seconded by J.Volkaert "WHEREAS the Township of Bayham is committed to restructuring local government to ensure more efficient and accountable service provision; AND WHEREAS,the Township of Bayham has deemed it expedient to find solutions to restructure to meet the service needs and requirements of its inhabitants with rapidly increasing restraints on financial and human resources provided by the Province; AND WHEREAS,the Township of Bayham recognizes the dangers of overemphasis on boundary adjustments and inadequate focus on service delivery for restructuring or re-engineering measures; AND WHEREAS,the Council of the Township of Bayham has reviewed a Re- Engineering Study-Interim Report 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 Township of Bayham respectfully submit a modification of Richard J. Chowen's Alternative#3 defined as "Townships and City", modified to allow Aylmer to remain as its own municipality, and the boundaries of St. Thomas to remain unchanged with the option of joining the County; AND FURTHER that the amendment include innovative alternatives to service delivery to be investigated for potential cost savings through extensive re- engineering of the administrative role of municipal government; AND FURTHER that the amendment be presented to the Council of the County of Elgin for their consideration." Disposition: Motion Carried Unanimously COUNCIL MINUTES 213 September 19, 1996 9. FINANCE,ADMINISTRATION &PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (continued) (e) Richard J. Chowen correspondence to Administrator/Clerk, County of Elgin regarding Elgin County/City of St. Thomas Re-Engineering Study. File: A16.2.1 Moved by J.Vollcaert Seconded by J. Barclay "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (f) Staff Report 96052 presenting authorizing by-law,easement agreements and works agreements between the Township, Soreny Farms Limited and Christine Michele Szorenyi. File: T10.3 Moved by W. Casier Seconded by J.Nezezon "THAT the staff report be received and filed." (See By-laws 96-34,96-35 and 96-60) Disposition: Motion Carried Unanimously (g) Cheque Registers for the period ending September 20, 1996 and Cash Requirements for the period ending September 30, 1996. File: F10.3 Moved by W. Casier Seconded by J.Nezezon "THAT the Cash Requirements for the period ending September 30, 1996 be approved for payment; AND THAT the Cheque Register for the period ending September 20, 1996 be approved." Disposition: Motion Carried Unanimously (h) City of St. Thomas correspondence urging the Township to proclaim the week of October 1-7, 1996 as "Community Parks Week" File: R3.1 &C9.1 Moved by J.Nezezon Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 214 September 19, 1996 9. FINANCE,ADMINISTRATION & PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (continued) (i) Village of Morrisburg correspondence requesting endorsement of two resolutions regarding national unity and funding for adult education. File: C9.1 Moved by J.Volkaert Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried (j) Bell Canada correspondence regarding a proposal filed with the CRTC to modernize local telephone service. File: E6.1 Moved by J.Volkaert Seconded by J.Barclay "THAT a letter of support be forwarded from the Township of Bayham to Mr.Alan J. Darling,Secretary General, CRTC regarding a proposal by Bell Canada to bring a fully modern digital telephone switching network to the community within the Township of Bayham." Disposition: Motion Carried Unanimously (k) Village of Stirling correspondence seeking endorsement of a resolution regarding municipal restructuring. File: A16.2.1 Moved by J.Barclay Seconded by J.Volkaert "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously (1) Staff Report 96054 regarding Road Department Activities. File: TO Moved by J. Barclay Seconded by J. Volkaert "THAT the staff report be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items COUNCIL MINUTES 215 September 19, 1996 9. FINANCE,ADMINISTRATION & PERSONNEL (continued) 3. OTHER BUSINESS (a) The Administrator announced that the Township received a request from Dr. Larry Leatherdale for a council resolution to ask the Ministry of Health to designate the Township of Bayham, Village of Port Burwell and Village of Vienna as underserviced with respect to general family practitioner services. Moved by J. Volkaert Seconded by W. Casier "WHEREAS the Ministry of health recruits physicians under the Underserviced Area Program; AND WHEREAS only one physician is available to service the Village of Port Burwell,Village of Vienna and Township of Bayham with a total combined population of 5,477; AND WHEREAS Dr. Larry Leatherdale has been informed by the Ministry of Health that there is an urgency to obtain resolution of support for underserviced status in this area in order to remove the financial cap for general practitioners; THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Township of Bayham hereby requests the Ministry of Health to designate the Township of Bayham, Village of Port Burwell and Village of Vienna as underserviced with respect to general family practitioner services." Disposition: Motion Carried Unanimously 10. ENVIRONMENT 1. CORRESPONDENCE&REPORTS (a) Invitation to attend the Lower Big Otter Remedial Project Meeting on October 2, 1996 at 1:30 p.m. at the Backus Heritage Conservation Area Conservation Education Centre. Moved by J.Nezezon Seconded by W. Casier "THAT the correspondence 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 No Items COUNCIL MINUTES 216 September 19, 1996 11. COMMITTEE OF THE WHOLE (continued) 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items MOTION TO EXTEND LENGTH OF MEETING TIME Moved by W. Casier Seconded by J.Nezezon "THAT notwithstanding Section 13 of Procedural By-law 95-33, Council shall deal with business until 11:00 p.m. at its meeting of September 19, 1996." Disposition: Motion Carried Unanimously 12. BY-LAWS 96-34 A By-law to authorize the Township to enter into an Easement Agreement with Christine Michele Szorenyi for irrigation and drainage purposes. 96-35 A By-law to authorize the Township to enter into an Easement Agreement with Soreny Farms Limited for irrigation and drainage purposes. 96-57 A By-law to amend By-law 95-5 regarding the appointment of Committee of Adjustment Members and to establish a per diem. 96-59 A By-law to authorize the Township to enter into a Lease Agreement with Amtelecom Group Inc. Part Lot 1,Registered Plan 113,Eden. 96-60 A By-law to authorize the Township to enter into a Works Agreement with Soreny Farms Limited and Christine Michele Szorenyi regarding the public highway that bisects Lot 124,North of Talbot Road. 96-61 Confirming By-law 96-62 A By-law to authorize a Quit Claim Deed for a road allowance between Lots 118 & 119, S.T.R. Moved by J. Volkaert Seconded by J. Nezezon "THAT By-laws 96-34, 96-35,96-57, 96-59, 96-60 and 96-62 be read a first and second time." Disposition: Motion Carried Unanimously COUNCIL MINUTES 217 September 19, 1996 12. BY-LAWS (continued) Moved by J. Volkaert Seconded by J. Barclay "THAT By-laws 96-34, 96-35, 96-57, 96-59, 96-60 and 96-62 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by J. Barclay Seconded by W. Casier "THAT By-law 96-61 be read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by J. Barclay "THAT By-law 96-61 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT Moved by J. Volkaert Seconded by J. Barclay "THAT the Council Meeting be Adjourned at 10:34 p.m." Disposition: Motion Carried Unanimously 411a6(6.,74641---- REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAEFORDVILLE,ONTARIO October 3, 1996 7:00 p.m. The regular meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday, October 3, 1996 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, Chief Building Official Dwayne Daniel 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 The following member of Council disclosed a pecuniary interest and the general nature thereof: Councillor Wayne Casier- Item 8.1 (a)as his property is the subject of a building permit and By-law 96-48 regarding the Casier Drain. Councillor Casier refrained from discussion and voting on the items. 3. MINUTES &BUSINESS ARISING OUT OF THE MINUTES (a) Moved by J. Volkaert Seconded by W. Casier "THAT the Minutes of the Regular Council Meeting held September 19, 1996 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:15 p.m. -Mr. Brian McKerlie,Manager,Brantford Division, Union Gas appeared and discussed their application to the Ontario Energy Board for a Certificate of Public Convenience and Necessity for the north four-tenths of Lot 26 and all of Lot 27, Concession 8. With the aid of a map,Mr.McKerlie explained the various areas currently serviced by natural gas companies and the confusion which has arisen due to an overlap of area boundaries. He urged Council to support their bid to obtain a Certificate with regard to the above noted property. - See Item 9.1 (a) (b) 7:45 p.m.-Mr.Doug Dennis&Ms. Christine Dennis appeared and requested their proposal for the erection of a mobile home as a residence for Farm Help on Part Lots 3 and 4, Concession 3. Additionally,Mr.Dennis explained that their intention was to sever a small lot from the parcel to be purchased by Christine Dennis where a small herb farm would be established. Mr. Dennis urged Council to approve his proposal although the subject lot is a separately owned lot and does not form part of his fanning operation. He stressed that he always considered the lot to be part of his farm as the property is immediately adjacent and there used to be a single family dwelling on the site, along with a well and septic system. COUNCIL MINUTES 219 October 3, 1996 4. DELEGATIONS (continued) Council explained that they were not prepared to grant their request and suggested the only options available to them were: a)to join the subject parcel to the larger parcel to the east, at which time a mobile home could be erected for Farm Help on a temporary basis and subsequently seek a 50 acre severance; b)to pre-consult with the Ministry of Agriculture and Food,Elgin/St. Thomas Health Unit and Ministry of Municipal Affairs about the likelihood of receiving approval for an official plan amendment to permit an Estate Residential lot; c)to consider other alternative sites. -See Item 6.1 (a) File: D0.1 d) 8:00 p.m. - Chief Building Official Dwayne Daniel to discuss Item 8.1 (a). File: P8.1 e) 8:15 p.m.-Road Superintendent Bob Bartlett to discuss Item 7.1 (a) 5. INFORMATION ITEMS Moved by J. Volkaert Seconded by J.Nezezon "THAT Information Items 5(a) -5(g)with the exception of 5(c)be received and filed." Disposition: Motion Carried Unanimously (a) Ontario Public Health Association Alcohol Policy Network invitation to attend a form on alcohol policy and community action"To Our Health" , October 28,London. (Received and Filed) File: A4.1 (b) Ontario Residential Care Association Symposium addressing lifelease housing for seniors. (Received and Filed) File: A4.1 (c) Ontario Federation of Agriculture correspondence regarding Property Tax Reform. File: M6.1 Moved by J.Volkaert Seconded by J. Barclay "THAT a letter of support be forwarded to the Ontario Federation of Agriculture regarding their proposal for Property Tax Reform; AND THAT a copy of this resolution be forwarded to the appropriate Provincial governing bodies." Disposition: Motion Carried Unanimously (d) Tillsonburg Tri-County Agriculture Society invitation to attend their Annual Awards Banquet, October 19, 1996,Lion's Den, Community Centre Complex,Tillsonburg. (Received and Filed) File: M2.1 COUNCIL MINUTES 220 October 3, 1996 5. INFORMATION ITEMS (continued) (e) Lower Big Otter Remedial Project Notice of Meeting, October 2, 1996,Backus Heritage Conservation Area Education Centre and meeting notes for the meeting held October 26, 1995. (Received and Filed) File: A16.6.5 (f) Elgin County Board of Education invitation to participate in a forum- "Focus '97" (Received and Filed). File: A16.3 (g) Association of Municipalities of Ontario correspondence regarding Joint Protocol pertaining to non-matching discretionary municipal funding for watershed programs. (Received and Filed). File: A1.2 6. PLANNING,DEVELOPMENT&RECREATION 1. CORRESPONDENCE&REPORTS (a) Proposal by Doug Dennis&Christine Dennis for the erection of a mobile home as a residence for Farm Help on Part Lots 3 and 4, Concession 3. File: D01 Moved by J.Nezezon Seconded by J. Volkaert "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 4. PUBLIC MEETING 1. Call to Order Moved by W. Casier 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 2. Disclosure of pecuniary interest and general nature thereof No member of Council made a disclosure of pecuniary interest and the general nature thereof. COUNCIL MINUTES 221 October 3, 1996 4. PUBLIC MEETING (continued) 3. Application (a) An application submitted by Peter& Catherine Klassen for an amendment to the Township Zoning by-law to change the zoning on a parcel of land comprising approximately 1.5 hectares (3.8 acres) situated on the north side of Maple Grove Road in Pt. Lot 21, concession 8 in the Township of Bayham from the Estate Residential (ER)Zone to a Special Estate Residential(ER-16)Zone. File: D13.1.56 4. Staff Report The Clerk reviewed the application with Council noting that the reason the rezoning application was before Council is because in July, 1996,the applicant received approval to sever a portion of Part Lot 21, Concession 8 with a frontage of 79.25 m along the Road allowance between North Gore and Concession 8. However, only 30.48 m of the frontage was actually part of the open road allowance. Therefore, one of the conditions of severance imposed by the Township was to request the applicant to rezone the severed parcel in order to formally recognize the reduced lot frontage on an open road allowance. 5. Presentation by Applicant The applicant did not make a presentation. 6. Public Comments No member of the public appeared to comment on the application. The Long Point Region conservation Authority indicated they had no concerns. Further, a letter was received from the Elgin/St. Thomas Health Unit indicating they had no objection to the proposal. However,the applicant still has to make an application for a certificate of approval for a private sewage system from the Health Unit which will require soil and percolation tests to be conducted. 7. Council Questions and Comments There were no questions or comments from Council. 8. Adjournment Moved by J. Volkaert Seconded by W. Casier "THAT the public meeting be adjourned." Disposition: Motion Carried Unanimously 7. ROADS,AGRICULTURE &DRAINAGE CORRESPONDENCE& REPORTS (a) County of Elgin correspondence regarding 1996-97 Winter Control Season, Co-operative Winter Control Maintenance Operations and Agreement. File: L4.11 7 T6.1 COUNCIL MINUTES 222 October 3, 1996 7. ROADS,AGRICULTURE &DRAINAGE (continued) 1. CORRESPONDENCE&REPORTS (continued) Moved by J.Barclay Seconded by W. Casier "THAT the Reeve and Clerk be authorized to execute an agreement with the County of Elgin pursuant to Section 207(5)of the Municipal Act,R.S.O. 1990, Chapter M.45 for contracted winter control maintenance on County Road No. 41 to be undertaken by the Township of Bayham; AND THAT the necessary By-law be enacted by Council." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 8. PROPERTY,BUILDING&PROTECTIVE SERVICES 1. CORRESPONDENCE& REPORTS (a) Staff Report 96043 regarding building permits issued for the month of September. File: P8. Moved by J.Volkaert Seconded by J. Barclay "THAT the Building Permits for the month of September, 1996 be approved." Disposition: Motion Carried Unanimously (b) Staff Report 96056 regarding the Canadian Pacific Abandoned Rail Line Purchase negotiation process. File: L6.2 Moved by J. Volkaert Seconded by J. Barclay "THAT Information Staff Report 96056 regarding the Canadian Pacific Abandoned Rail Line Purchase negotiation process be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items COUNCIL MINUTES 223 October 3, 1996 8. PROPERTY,BUILDING &PROTECTIVE SERVICES (continued) 3. OTHER BUSINESS (a) Amtelecom Group Inc. request regarding the Removal of existing sidewalk in the Village of Eden from Highway No.19 west along County Road No. 44. Moved by W. Casier Seconded by J. Nezezon "THAT Amtelecom Group Inc. be advised that the Township of Bayham is in agreement with their proposal to remove the existing sidewalk in the Village of Eden comprised of approximately 38m at Highway No. 19 and County Road No. 44; AND THAT Amtelecom be required to prepare the site for sidewalk replacement and the Township will supply the necessary concrete." Disposition: Motion Carried Unanimously 9. FINANCE,ADMINISTRATION&PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Union Gas Correspondence regarding their application to the Ontario Energy Board for a Certificate of Public Convenience and Necessity for the north four-tenths of Lot 26 and all of Lot 27, Concession 8. Moved by J. Barclay Seconded by J. Volkaert "THAT staff be instructed to contact the affected landowners for their comment, and if they express an interest, a letter of support in favour of Union Gas being granted a Certificate of Public Convenience and Necessity for the north four-tenths of Lot 26 and all of Lot 27, Concession 8 be forwarded to the Ontario Energy Board from the Township of Bayham" Disposition: Motion Carried Unanimously (b) Ontario March of Dimes correspondence request that January 1997 be proclaimed "Ontario March of Dimes Month." File: C9.1 Moved by J. Barclay Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried COUNCIL MINUTES 224 October 3, 1996 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) 1. CORRESPONDENCE& REPORTS (continued) (c) Ministry of Municipal Affairs and Housing, Southwestern Ontario Conference,November 1, 1996,London. File: A16.7 Moved by J. Volkaert Seconded by W. Casier "THAT the following representatives (or designates)of the Township of Bayham be authorized to attend the Ministry of Municipal Affairs and Housing Southwestern Ontario Conference to be held November I, 1996 in London,Ontario: Administrator Treasurer-Lynn S. Buchner Deputy Reeve-Joe Volkaert Clerk-Maureen Beatty Councillor-Wayne Casier Reeve-Vane Chute Councillor-John Nezezon Councillor-John Barclay" Disposition: Motion Carried Unanimously (d) Cheque Register for the period ending September 30, 1996 and Cash Requirements for the period ending October 18, 1996. File: F10.3 Moved by W. Casier Seconded by J.Nezezon "'THAT the Cash Requirements Report for accounts for the period ending October 18, 1996,except for obligation#4981,5071,5103,5181 and 5219 be approved for payment; AND THAT the Cheque Register for the period ending September 30, 1996 be approved." 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 COUNCIL MINUTES 225 October 3, 1996 10. ENVIRONMENT (continued) 3. OTHER BUSINESS No Items 11. COMMITTEE OF THE WHOLE Moved by J. Nezezon Seconded by J. Volkaert "THAT Council do now rise to enter into an "In Camera" Committee of the Whole Session." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE (a) Verbal Staff Report regarding an insurance claim. Moved by W. Casier Seconded by J. Barclay "THAT the Committee of the Whole do now rise from the "In Camera Session" Disposition: Motion Carried Unanimously Moved by J. Nezezon Seconded by W. Casier "THAT the correspondence be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 12. BY-LAWS 96-48 A By-law to provide for a drainage works-Casier Drain(Third Reading Only). 96-63 A By-law to authorize the Township to enter into an Agreement with the County of Elgin for contracted highway maintenance activities. Z370/96 A By-law to rezone Pt.Lot 21, Concession 8 to a Special Estate Residential Zone (ER-16)-Peter&Catherine Klassen. 96-64 Confirming By-law COUNCIL MINUTES 226 October 3, 1996 12. BY-LAWS (continued) Moved by W. Casier Seconded by J.Nezezon "THAT By-laws 96-63 and Z370/96 be read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Nezezon Seconded by J. Barclay "THAT By-laws 96-48, 96-63 and Z370-96 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by J. Nezezon Seconded by W. Casier "THAT By-law 96-64 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J.Nezezon "THAT By-law 96-64 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT Moved by W. Casier Seconded by J.Nezezon "THAT the Council meeting be adjourned at 10:07 p.m." Disposition: Motion Carried Unanimously • REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O.BOX 160 STRAFFORDVILLE, ONTARIO October 17, 1996 7:00 p.m. The regular meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday, October 17, 1996 in the Council Chambers. Present were,Reeve Vane Chute, Deputy Reeve Joe Volkaert Sr., Councillors John E. Barclay, Wayne Casier, John Nezezon(arrived at 7:25 p.m.), Administrator Treasurer Lynn S. Buchner 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) Moved by W. Casier Seconded by J. Barclay "THAT the Minutes of the Regular Council Meeting held October 3, 1996 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:04 p.m. -Mr. &Mrs. Charlie Ward appeared and answered questions about their application to rezone Lot 126, Concession 6 to permit a tool sharpening business in addition to all other uses permitted in the Hamlet Residential Zone. Mr. Ward indicated that the business he was looking to purchase would be conducted within his garage and he would require limited signage. He noted that he would require a small sign on his property and a small 2'X 3' or 2'X 4' sign with four inch lettering to be located at the top end of Wardwalk situated on property he owns. File: D13.1.57 - See Item 6.1 (a) (b) 7:10 p.m. -Mr. Conlon and Mrs.M. Vezina, representing the Optimist Club, Straffordville- appeared and requested a letter of support from the Township to accompany their application to the Ministry of Transportation for approval to erect service club signs on Highway No. 19 at the north and south entrances to the Village of Straffordville. Mr. Cordon noted that the Club is currently operating a Raffle for a cruise and have participated in programs at both the school and the library. Mrs. Vezina noted that the current membership consists of fifteen hard working members and they are pleased with the progress to date. File: T7.1 -See Item 7.1 (al COUNCIL MINUTES 228 OCTOBER 17, 1996 4. DELEGATIONS (continued) (c) 7:45 p.m. -Mr.John Vance, representing himself and Mr. Christopher Lee Spitzke appeared and answered questions about their proposal to trap on Township lands during the period October 18, 1996 to May 1, 1997. In response to a question asked by Council,Mr.Vance stated that on private property,he mainly traps fox and coyote, but on public lands, he traps primarily racoon, mink and muskrat, occasionally beaver. Mr. Vance also noted the he uses scent as opposed to bait and does not place traps in areas where there would normally be dogs. File: P10.3 - See Item 8.1 (a) 5. INFORMATION ITEMS Moved by W. Casier Seconded by J. Barclay "THAT Information Items 5(a)- 5(k) excluding 5(e) be received and filed." Disposition: Motion Carried Unanimously (a) Ontario Nurses'Association correspondence regarding their "Town Hall Meeting"on October 23, 1996 in London. (Received and Filed) File: A.04 (b) Elgin Agricultural Labour Pool correspondence expressing gratitude for the use of a meeting room in the Township Municipal Office. (Received and Filed) File: A19.2 (c) Township of Malahide notices of public meetings pursuant to the Planning Act. (Received and Filed) File: C09 (d) Ontario Clean Water Agency(O.C.W.A.)publication"The Waterline",Issue 2, September 1996. (Received and Filed) File: A16.18 (e) Ontario Good Roads Association(O.G.R.A.)correspondence regarding their Long Service Awards Program, 1997 Annual Conference and Call for Resolutions. File: A16.16 Moved by J. Barclay Seconded by W. Casier "THAT the following representatives from Baybam Township be authorized to attend the Ontario Good Roads Association 1997 Annual Conference to be held February 23-26,1997 at the Royal York Hotel,Toronto: Reeve Vane Chute Deputy Reeve Joe Volkaert Councillor John Nezezon Councillor Jack Barclay Councillor Wayne Casier Road Superintendent Bob Bartlett Administrator Lynn S.Buchner (or alternate,Clerk,Maureen Beatty)" Disposition: Motion Carried Unanimously COUNCIL MINUTES 229 OCTOBER 17, 1996 5. INFORMATION ITEMS (continued) (f) Kettle Creek Conservation Authority media release dated October 2, 1996 about the resignation of Pat Unger from the Kettle Creek and Catfish Board Restructuring Committee. (Received and Filed) File: A16.6 (g) Property Tax Reform Conference, City of Toronto,November 1-2, 1996. (Received and Filed) File: A04 (h) Harbour Lights Community News Issues 78-82. (Received and Filed) File: M6.2 (i) Remarks by Ernie Hardeman,Parliamentary Assistant to the Minister of Municipal Affairs and Housing at the Joint Conference of the County and Regional Sections of AMO, October 8, 1996, Collingwood, Ontario. (Received and Filed) File: A16.7 (j) AMO-Municipal Alert Publication- "Crombie Panel makes Recommendations on Social Services", October 11, 1996. (Received and Filed) File: A1.2&A16.1 (k) Kent/Chatham Health Unit and Elgin/St. Thomas Health Unit News Release dated October 1996 regarding a merger to one Board of Health- "Central Lake Erie Public Health Unit." (Received and Filed) File: A16.5 6. PLANNING,DEVELOPMENT&RECREATION 1. CORRESPONDENCE&REPORTS (a) Application submitted by Charles &Frances Ward to rezone Lot 126, Concession 6 to permit a tool sharpening business in addition to all other uses permitted in the Hamlet Residential Zone. File: D13.1.57 Moved by J. Volkaert Seconded by W. Casier "THAT the application by Charles and Frances Ward to rezone Lot 126, Concession 6 to permit a tool sharpening business in addition to all other uses permitted in the Hamlet Residential Zone be accepted and forwarded to Cumming Cockburn Limited for consideration and by-law preparation." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items COUNCIL MINUTES 230 OCTOBER 17, 1996 PLANNING,DEVELOPMENT &RECREATION(continued) 3. OTHER BUSINESS (a) The Administrator advised Council that a Richmond resident had raised a concern about a lot in Richmond where a mobile home has been situated for a number of years and is now vacant. She noted that the trailer was inhabited by the children of the property owners who acted as caregivers. She stated that in 1992, an application was submitted to sever the mobile home from the lot,however,the proposed lot was too small and the severance was not approved. She was informed that verbal approval was granted by a previous Council in 1989 when the mobile home was replaced,that the mobile was to be removed when the family members who were providing care for the parents moved out. Council asked the Administrator to send a letter to the owners to remind them that the verbal consent was given with the understanding that it was on a temporary basis. (b) Councillor Casier announced that the Recreation Board was in the process of obtaining quotations for the Community Centre front doors and alarm system. 4. PUBLIC MEETING None 7. ROADS,AGRICULTURE &DRAINAGE I. CORRESPONDENCE& REPORTS (a) Optimist Club correspondence from Mr. Mario Vezina,President requesting a letter of support from the Township for their application to the Ministry of Transportation for approval to erect signs on Highway No. 19 at the north and south entrances to the Village of St7raffordville. File: 1'7.1 Moved by W. Casier Seconded by J.Volkaert "THAT a letter of support be provided by the Township of Bayham to the Optimist Club of Straffordville-Bayham for the placement of Optimist road signs on Highway No. 19 at the north and south entrances to the Village of Straffordville." Disposition: Motion Carried Unanimously (b) Staff Report 96059 recommending the assumption of the parcel designated as Part 1 on Reference Plan 11R-2294 as part of the Public Highway Mitchell Road(Part Lot 119, Concession STR). File: T9.1 Moved by J. Volkaert Seconded by W. Casier "THAT pursuant to Section 297 (1) of the Municipal Act,R.S.O. 1990, Chapter M.45 as amended,the necessary by-law be presented to Council for enactment to assume the following parcel as part of the public highway known as Mitchell Road: 'The lands and premises situated in the Township of Bayham, in the County of Elgin, and being composed of Part of Lot 119, South Talbot Road,in the said Township and more particularly described as PART 1 according to a Reference Plan deposited in the Registry Office for the Registry Division of Elgin (No. 11) on May 20, 1981 as Number 11R-2294.' " COUNCIL MINUTES 231 OCTOBER 17, 1996 7. ROADS, AGRICULTURE &DRAINAGE (continued) 1. CORRESPONDENCE& REPORTS (continued) (b) (continued) Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Eden Drain Relocation, By-law 96-55 Moved by W. Casier Seconded by J. Volkaert "WHEREAS at its meeting held September 5, 1996, Council gave first and second reading to By-law 96-55, being a By-law to provide for drainage works known as "Eden Drain (1987) relocation; AND WHEREAS the relocation was at the request of one property owner, being Scott and Ruthanne Kristensen; AND WHEREAS as the aforesaid were the only property owners in receipt of a Notice of a Court of Revision to be held October 3, 1996 and were in full agreement with the proposed by-law; AND WHEREAS ,the Township therefore dispensed with the holding of a Court of Revision; NOW THEREFORE BE IT RESOLVED THAT By-law 96-55 be presented to Council for third and final reading." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS No Items 8. PROPERTY,BUILDING& PROTECTIVE SERVICES 1. CORRESPONDENCE& REPORTS (a) Staff Report 96057 regarding the issuance of trapping permits to John Vance and Christopher Lee Spitzke to trap for a specified period on municipally owned property. File: P10.3 Moved by W. Casier Seconded by J. Barclay "THAT Mr. John Vance and Mr. Christopher Lee Spitzke be granted permission to trap on municipally owned property, including roadsides, ditches, bridges, culverts and drain outlets for a period commencing October 18, 1996 and ending at midnight on May 1, 1997 subject to submission of a Release and Indemnification Agreement, proof of insurance and payment of the necessary Township permit fee." Disposition: Motion Carried Unanimously COUNCIL MINUTES 232 OCTOBER 17, 1996 8. PROPERTY,BUILDING&PROTECTIVE SERVICES(continued) 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No items 9. FINANCE,ADMINISTRATION &PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Enquiry from Arthur MacLeod,M.D. about opportunities for a physician in Bayham Township. File: 114.1 Moved by J.Barclay Seconded by W. Casier "THAT the correspondence from Arthur MacLeod,M.D. about opportunities for a physician in Bayham Township be received and filed." Disposition: Motion Carried Unanimously (b) Town of Kapuskasing correspondence requesting endorsement of a resolution regarding the health care system. File: C9.1 Moved by W. Casier Seconded by J. Barclay "THAT the correspondence from the Town of Kapuskasing requesting endorsement of a resolution regarding the health care system,be received and filed." Disposition: Motion Carried Unanimously (c) Pilgrims of Saint Michael correspondence requesting endorsement of a resolution regarding the creation of money and credit in Canada. File: C9.1 Moved by J. Barclay Seconded by W. Casier "THAT the correspondence from Pilgrims of Saint Michael requesting endorsement of a resolution regarding the creation of money and credit in Canada be received and filed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 233 OCTOBER 17, 1996 9. FINANCE,ADMINISTRATION &PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (continued) (d) Cheque Register for the period ending October 20, 1996 and Cash Requirements for the period ending October 31, 1996. File: F10.3 Moved by W. Casier Seconded by J.Barclay "THAT the Cash Requirements Report for accounts for the period ending October 31, 1996 be approved for payment; AND THAT the Cheque Register for the period ending October 20, 1996 be approved." Disposition: Motion Carried Unanimously (e) Staff Report 96058 regarding the enactment of a by-law authorizing rates and fees to be charged for various administrative services. File: F21.1 Moved by W. Casier Seconded by J. Barclay "THAT a by-law be presented to Council for enactment pursuant to Section 220.1 of the Municipal Act,R.S.O. Chapter M.45, as amended,being a by-law to set out the rates and fees to be charged for various administrative services; AND THAT while Council anticipates that amendments to the by-law will be made in 1997,the initial by-law shall address the rates and fees to be charged for photocopying in the Township Office,for the issuance of Trapping permits and a charge for returned cheques resulting from insufficient funds." Disposition: Motion Carried Unanimously (f) Staff Report 96060 providing a Financial Statement of Operations for the period ended September 30, 1996. File: F3.1 Moved by J. Barclay Seconded by W. Casier "THAT Information Staff Report 96060 providing a financial statement of operations for the period ending September 30, 1996 be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) The Administrator provided Council with an update on an insurance matter concerning an automobile accident on 8th Concession. COUNCIL MINUTES 234 OCTOBER 17, 1996 10. ENVIRONMENT 1. CORRESPONDENCE& REPORTS No Items 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 11. COMMITTEE OF THE WHOLE Moved by J. Volkaert Seconded by J. Barclay "THAT Council do now rise to enter into an "In Camera" Committee of the Whole Session." Disposition: Motion Carried Unanimously 1. CORRESPONDENCE (a) Verbal Staff Report regarding a property matter. Moved by J. Volkaert Seconded by J.Nezezon "THAT the Committee of the Whole do now rise from the "In Camera Session" without reporting." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 12. BY-LAWS 96-55 A By-law to provide for the Drainage Works-Eden Drain(Third Reading only). 96-65 A By-law to impose specific rates and fees to be charged. 96-66 A By-law to assume a parcel of land as part of the Public Highway-Mitchell Road. 96-67 Confirming By-law COUNCIL MINUTES 235 OCTOBER 17, 1996 12. BY-LAWS (continued) Moved by J.Nezezon Seconded by J.Volkaert "THAT By-laws 96-65 and 96-66 be read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by J. Nezezon "THAT By-laws 96-55, 96-65 and 96-66 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by J.Nezezon "THAT By-law 96-67 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J.Nezezon Seconded by J. Volkaert "THAT By-law 96-67 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT Moved by J. Nezezon Seconded by J. Volkaert "THAT the Council meeting be adjourned at 9:50 p.m." Disposition: Motion Carried Unanimously 4ektertutc-- REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO November 7, 1996 9:00 a.m. The regular meeting of Council of the Township of Bayham was held at 9:00 a.m. on Thursday, November 7, 1996 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 9:00 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) Moved by J.Nezezon Seconded by W. Casier "THAT the Minutes of the Regular Council Meeting held October 17, 1996 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 9:30 a.m. -Mr. Jim Hevenor, Chairman,Mr. Dave Beres,Vice Chairman, Tillsonburg/Port Burwell Intermunicipal Review Committee,Tillsonburg Police Chief Chris Coles,P.U.C.Manager Tim Harris, Tillsonburg Administrator-Clerk David Morris,Port Burwell Councilor David Mason and O.P.P. Superintendent of Administration and Support Services Ron Fox appeared and discussed a proposal for joint service delivery options. Mr. Hevenor requested the Township to consider the appointment of three Council members to their committee.- See Item 9.1 (a) File: A16.2.1 (b) 9:45 a.m.-Road Superintendent Bob Bartlett to discuss Item 7.1 (c). File: T6.1 5. INFORMATION ITEMS Moved by W. Casier Seconded by J. Barclay "THAT Information Items 5(a)- 5(n)be received and filed." Disposition: Motion Carried Unanimously (a) A.M.O. Municipal Alert publication dated October 17, 1996 regarding the`Better Local Government Act." (Received and Filed) File: A1.2 COUNCIL MINUTES 237 NOVEMBER 7, 1996 5. INFORMATION ITEMS (continued) (b) A.M.O. Municipal Alert publication dated October 16, 1996 regarding a new bill entitled the"Fire Protection and Services Act, 1996." (Received and Filed) File: A1.2 (c) Environmental Commissioner of Ontario correspondence regarding the Environmental Bill of Rights. (Received and Filed) File: A16.10.1 (d) Municipal Matters publication dated October 1996 from Mattes,Evans,Banisters and Solicitors. (Received and Filed) File: M6.1 (e) Ontario Human Rights Commission correspondence dated October 25, 1996 regarding a proclamation for International Human Rights Day/Week. (Received and Filed) File: A16.1 (f) Union Gas/Centra Gas correspondence dated October 18, 1996 advising that an application has been filed with the Ontario Energy Board to amalgamate Centra and Union. (Received and Filed) File: E6.4 (g) Ontario Clean Water Agency correspondence dated October 18, 1996 regarding the potential privatization of the Agency. (Received and Filed) File: A16.18 (h) Township of Malahide Planning Notices. (Received and Filed) File: CO.9 (i) A.M.O.Municipal For Your Information publication regarding OPP Costing Information. (Received and Filed) File: A1.2&P13 (�) A.M.O.Updates Fall Publication. (Received and Filed) File: A1.2 (k) Harbour Lights Community News-October 12, 19&26, 1996. (Received and Filed) File: M6.2 (1) Long Point Region Conservation Authority Minutes of September 18, 1996 meeting and Minutes of September 18, 1996 Special Meeting. (Received and Filed) File: A16.6 COUNCIL MINUTES 238 NOVEMBER 7, 1996 5. INFORMATION ITEMS (continued) (m) County of Elgin correspondence dated October 22, 1996 providing the County of Elgin Road Department 1996-97 Winter Maintenance Information Notice. (Received and Filed) File: L4.11 &T6.1 (n) Ministry of Environment and Energy correspondence dated October 8,1996 regarding the upcoming 1996 Environment and Energy Conference of Ontario,November 13 & 14, 1996 at the Metro Toronto Convention Centre. (Received and Filed) File: A4.1 6. PLANNING,DEVELOPMENT & RECREATION 1. CORRESPONDENCE&REPORTS (a) Application submitted by Peter and Anna Krahn to rezone Part Lot 19 &20, Concession 8 located on the south side of County Road 44, east of Eden to a special Agricultural Zoning to permit their woodworking business. File: D13.1.58 Moved by J. Barclay Seconded by W. Casier "THAT the application submitted by Peter and Anna Krahn to rezone Part Lots 19 and 20, Concession 8 to a Special Agricultural Al Zoning to permit a woodworking business be accepted and forwarded to the planning consultant, Cumming Cockburn Limited for by-law preparation and scheduling of a public meeting; AND THAT the applicant be required to plant a buffer strip along the east property line." Disposition: Motion Carried (b) Cumming Cockburn Limited correspondence dated October 9, 1996 recommending the enactment of a zoning by-law with a holding symbol for the two lots which are the subject of Zoning By-law Z335-95,Part Lot 123,N.S.T.R. on the west side of Centennial Avenue in the Hamlet of Straffordville-George Lysy and Steve Sas. File: D13.1.22 Moved by W. Casier Seconded by J. Barclay "THAT consideration of the correspondence dated October 9, 1996 from Cumming Cockburn Limited regarding a proposed development on the west side of Centennial Road in Lot 123,Concession 7,NTR and Zoning By-law Z335-95 be deferred pending a report from staff on the status of all applications for development in Straffordville and whether the implementation of Holding Zones are applicable." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items COUNCIL MINUTES 239 NOVEMBER 7, 1996 6. PLANNING,DEVELOPMENT &RECREATION (continued) 3. OTHER BUSINESS (a) Councillor Casier announced that the Parks and Recreation Board is in the process of considering quotations for a security system and new front doors for the Community Centre. It was suggested that the Chief Building Official review the estimates. 4. PUBLIC MEETING None 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Staff Report 96063 presenting a revised Winter Control Agreement between the Township and the County of Elgin. File: L4.11 and T6.1 Moved by J.Barclay Seconded by W. Casier "THAT the Reeve and Clerk be authorized to execute a revised agreement with the County of Elgin pursuant to Section 207(5) of the Municipal Act,R.S.O. 1990, Chapter M.45 as amended for contracted winter control maintenance on County Road No.41 to be undertaken by the Township of Bayham; AND THAT the amended agreement be in accordance with the revisions set out in a letter dated October 11, 1996 from Fred Groch, County Engineer and Road Superintendent." Disposition: Motion Carried Unanimously (b) Staff Report 96066 regarding proposed By-law 96-68,being a by-law to amend by-law 95- 61 for the construction of the Corinth Drain 1995 Branch"A". File: DC.12.2 Moved by W. Casier Seconded by J. Barclay "THAT Council pass By-law No. 96-68 to amend By-law 95-61, enacted and passed December 21, 1995 to reflect the actual cost of the Corinth Drain 1995- Branch "A" works and authorize the increase in debentures to reflect the actual costs." Disposition: Motion Carried Unanimously COUNCIL MINUTES 240 NOVEMBER 7, 1996 7. ROADS,AGRICULTURE &DRAINAGE (continued) 1. CORRESPONDENCE&REPORTS (continued) (c) Staff Report 96067 regarding Road Department Activities. File: T6.1 Moved by J.Barclay Seconded by W. Casier "THAT Staff Report 96067,being an information report regarding Road Department activities be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 8. PROPERTY,BUILDING&PROTECTIVE SERVICES 1. CORRESPONDENCE& REPORTS (a) Staff Report providing the List of Building Permits issued for the month of October, 1996. File: P8 Moved by J.Nezezon Seconded by W. Casier "THAT the Building Permits for the month of October, 1996 be approved." Disposition: Motion Carried Unanimously (b) Staff Report 96062 regarding the Development of Lot 22, Concession 8 by George and Margaret Gilvesy and the subsequent conveyance of lands. File: D13.1.47 Moved by W. Casier Seconded by J.Nezezon "THAT in order to facilitate the development of lots by George and Margaret Gilvesy,Lot 22, Concession 8, the Reeve and Clerk be authorized to execute Transfer/Deeds as set out below: Description of Property Conveyed To Part 6,Reference Plan 11R-6366 Ministry of Transportation Parts 2 & 3,Reference Plan 11R-6366 George&Margaret Gilvesy Part 4,Reference Plan 11R-6366 George Gilvesy" Disposition: Motion Carried Unanimously COUNCIL MINUTES 241 NOVEMBER 7, 1996 8. PROPERTY,BUILDING &PROTECTIVE SERVICES (continued) CORRESPONDENCE&REPORTS (continued) (c) Staff Report 96064 regarding a request for permission by Jim Popp to remove a tree at the junction of Main Street and East Street. File: E.04 Moved by J.Volkaert Seconded by J. Barclay "THAT in response to a verbal request from Mr. Jim Popp, 38 Main Street for permission to remove a mature tree at the junction of East Street and Main Street, staff be directed to forward a letter outlining the Township's position which is set out in Staff Report 96064 and discussed by Council at its regular meeting held November 7, 1996; AND THAT no further action be taken on this matter unless new information is presented which clarifies property lines and ownership of the lands upon which the subject tree is situated; AND THAT should it be determined that the subject tree is solely or partly on Township property,Mr. Popp be advised that the Township will not grant permission for tree cutting." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) The Administrator expressed the need to hire an individual to undertake title searches for various purposes. Moved by J. Volkaert Seconded by J. Barclay "THAT the Administrator be directed to hire an individual to undertake some specific title searches on behalf of the Township of Bayham." Disposition: Motion Carried Unanimously (h) The Administrator advised Council of an ongoing problem with the heating and ventilating system at the Community Centre. She had discussed this matter with Mr. Ron Ball of R. &R. Refrigeration who had identified various options on how to resolve the matter. The Administrator was requested to arrange for a site meeting with Council, the Manager of the Community Centre and representatives of R. &R. Refrigeration and Smiley & Crowe. COUNCIL MINUTES 242 NOVEMBER 7, 1996 9. FINANCE,ADMINISTRATION& PERSONNEL 1. CORRESPONDENCE& REPORTS (a) Town of Tillsonburg correspondence dated October 30,1996 inviting the Township of Bayham to appoint three Council representatives to serve on their Intermunicipal Committee to examine the issue of joint service delivery. File: A16.2.1 Moved by J.Nezezon Seconded by J. Barclay "THAT the correspondence dated October 30, 1996 from the Town of Tillsonburg inviting the Township of Bayham to appoint three Council representatives to serve on their Intermunicipal Committee to examine the issue of joint service delivery be received and filed; AND THAT the Town of Tillsonburg and the Village of Port Burwell be advised that the Township of Bayham is not interested in entering into any discussions with regard to joint service delivery pending completion of the Elgin County Restructuring Study and cost analysis of options." Disposition: Motion Carried Unanimously (b) Aylmer Area Community Foundation correspondence regarding the awarding of 1997 grants to organizations. File: F11.1 Moved by J. Barclay Seconded by J.Nezezon "THAT the correspondence from the Aylmer Area Community Foundation regarding 1997 grants to organizations be received and a copy be placed at the counter of the Township Office for public information." Disposition: Motion Carried Unanimously (c) Cheque Register for the period ending October 31, 1996 and Cash Requirements for the period ending November 20, 1996. File: F10.3 Moved by W. Casier Seconded by J.Barclay "THAT the Cash Requirements Report for the period ending November 20, 1996 be approved; AND THAT the Cheque Register for the period ending October 31, 1996 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES 243 NOVEMBER 7, 1996 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) 1. CORRESPONDENCE&REPORTS (continued) (d) Staff Report 96065,being an information report regarding the Ministry of Municipal Affairs and Housing Conference held November 1, 1996 in London. File: A4.1 Moved by J.Barclay Seconded by W. Casier "THAT Information Staff Report 96065 regarding the Ministry of Municipal Affairs and Housing Southwestern Regional Conference be received and filed." 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 No Items 1. CORRESPONDENCE& REPORTS No Items 2. UNFINISHED BUSINESS No Items COUNCIL MINUTES 244 NOVEMBER 7, 1996 11. COMMITTEE OF THE WHOLE (continued) 3. OTHER BUSINESS No Items 12. BY-LAWS 96-68 A By-law to amend by-law 95-61 for the construction of the Corinth Drain 1995 Branch"A" 96-69 Confirming By-law Moved by J.Nezezon Seconded by J. Barclay "THAT By-law 96-68 be read a first and second time." Disposition: Motion Carried Unanimously Moved by J.Nezezon Seconded by J. Barclay "THAT By-law 96-68 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by J.Nezezon "THAT By-law 96-69 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J.Volkaert Seconded by J. Barclay "THAT By-law 96-69 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT Moved by J. Volkaert Seconded by J. Barclay "THAT the Council meeting be adjourned at 2:40 p.m." Disposition: Motion Carried Unanimously 7771d6U.On.4.--.2tab.t.,„ - REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO November 21, 1996 7:00 p.m. The regular meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday, November 21, 1996 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 Dwayne Daniel and Clerk Maureen Beatty. 1. CALL TO ORDER Reeve Chute called the meeting to order at 7:00 p.m. and all present paid respect to the late Mr. Harold G. Dennis, former Fire Chief of Bayham Volunteer Fire Department and his family by holding a "Minute of Silence." 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) Moved by W. Casier Seconded by J. Barclay "THAT the Minutes of the Regular Council Meeting held November 7, 1996 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:30 p.m. -Mr. Cyril J. Demeyere,P. Eng. appeared and discussed the results of the water quality analysis reports prepared by Ian D. Wilson Associates Limited. Mr. Demeyere reported that the Moore and Howey Wells appear to be in the same aquifer and while the quality from the Howey Well is considered excellent,the water tested from the Moore Well may require treatment. He went on to explain that a third well(Smith Well) was tested within the same aquifer,that would also require treatment. Mr. Demeyere read a letter from Any Valickis, Senior Project Engineer, O.C.W.A., in his absence which expressed his recommendations. It was the opinion of both Cyril Demeyere and Andy Valickis that considering the results of the water quality tests in this particular aquifer, (being most central and accessible to both Eden and Straffordville), that the communal water supply option supplied by an extension to the existing Vienna trunk water main would be their preferred alternative. Further, it was explained to Council that if this option was chosen to be the preferred alternative included in the Preliminary Phase 1 and 2 Class Environmental Assessment Report, that this would not in any way prohibit them from pursuing the communal well option at a later date. Mr. Demeyere said he would complete the Preliminary Report to be presented first to Council and Mr. Valickis for their approval, and upon approval, would be forwarded to Review Agencies for their comments. See Item 10.1 (a) File: E5.3.1 7 E5.3.2 (b) 8:00 p.m. - Chief Building Official Dwayne Daniel appeared and discussed Items 6.2 (a), 6.2 (b) and 7.1 (b). File: R4.2 and DB.1.3 COUNCIL MINUTES 246 NOVEMBER 21, 1996 5. INFORMATION ITEMS Moved by J. Barclay Seconded by W. Casier "THAT Information Items 5(a) - 5(m) be received and filed." Disposition: Motion Carried Unanimously (a) A.M.O. Municipal Alert publication dated November 9, 1996 regarding proposed reforms to the property tax system by the"Who Does What Sub-Panel". (Received and Filed) File: A1.2 (b) A.M.O.Municipal Alert publication dated November 12, 1996 regarding further recommendations on Emergency Services by the "Who Does What Sub-Panel." (Received and Filed) File: A1.2 (c) A.M.O.Municipal Alert publication dated November 13,1996 regarding recommendations by the "Who Does What"Panel on Education Reform. (Received and Filed) File: A1.2 (d) Ontario Municipal Water Association Speaking Notes regarding a five point plan for preserving and strengthening our water system. (Received and Filed) File: E8.1 (e) Brenda Chamberlain, M.P., Guelph-Wellington-correspondence seeking support for a Private Member's Bill to establish an official pledge of allegiance to the flag of Canada. (Received and Filed) File: C9.1 (f) Ontario Good Roads Association Municipal Routes Publication- September/October, 1996. (Received and Filed) File: A16.16 (g) Cowan News Publication- October, 1996. (Received and Filed) File: M6.1 (h) Long Point Region Conservation Authority invitation to attend the 1st Annual Christmas Reception, Wednesday,December 4, 1996,Backus Conservation Centre. (Received and Filed-Deputy Reeve Joe Volkaert agreed to attend) File: A16.6 (i) Tillsonburg News Article dated November 13,1996 regarding a volunteer garbage clean-up along Highway 19 from Tillsonburg to Straffordville. (Received and Filed) File: £7.4 COUNCIL MINUTES 247 NOVEMBER 21, 1996 5. INFORMATION ITEMS (continued) (j) Ministry of Agriculture,Food and Rural Affairs Middlesex-Elgin Community Leaders' Letter,November-December, 1996. (Received and Filed) File: M6.6 (k) Township of Malahide Planning Notices. (Received and Filed) File: C0.9 (1) International Great Lakes St.Lawrence Mayor's Conference correspondence advising of the resolutions adopted at the annual conference held in Quebec City in June 1996. (Received and Filed) File: A4.1 (m) Port Burwell correspondence regarding the designation of Port Burwell as an "Underserviced Area" (Received and Filed- Council agreed that Reeve Chute would respond at his discretion.) File: SO 6. PLANNING,DEVELOPMENT &RECREATION 1. CORRESPONDENCE& REPORTS (a) Application submitted by Gilles and Dennise Menard to rezone Part Lots 12, 13 and 14, Concession 3 to recognize a reduced lot frontage to facilitate the severance of Part 2 from Part 3 shown on Plan 11R-2420. File: D13.1.59 Moved by W. Casier Seconded by J.Barclay "THAT the application submitted by Gilles and Dennise Menard to rezone Part Lots 12, 13 and 14, Concession 3 to recognize a reduced lot frontage to facilitate the severance of Part 2 from Part 3 shown on Plan 11R-2420 be accepted and forwarded to the planning consultant, Cumming Cockburn Limited for by-law preparation and scheduling of a public meeting" Disposition: Motion Carried Unanimously (b) County of Elgin Notice of Application No.E 108/96 by Abraham and Emma Peters to sever Part Lot 7, Concession 8 to create one institutional building lot(Mennonite School). File: D9.2.93 Moved by W. Casier 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 108/96 by Abraham and Emma Peters for Part Lot 7, Concession 8, subject to the following conditions: a) That the applicant pay$500 cash in lieu of park dedication to the Township; b) That severance be subject to final approval by the Ministry of Municipal Affairs of Official Plan Amendment No. 102." Disposition: Motion Carried Unanimously COUNCIL MINUTES 248 NOVEMBER 21, 1996 6. PLANNING,DEVELOPMENT &RECREATION (continued) 1. CORRESPONDENCE& REPORTS (continued) (c) County of Elgin Notice of Application No.E 106/96 by John Roy Stewart to sever lands described as Part Lots 120, 121 & 122, Concession NTR to create one residential building lot. File: D9.2.94 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 E 106/96 by John Roy Stewart for Part Lots 120, 121 & 122, Concession NTR, subject to the following condition: a) That the applicant pay$500 cash in lieu of park dedication to the Township." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Chief Building Official Dwayne Daniel was requested to investigate the preferred method for removing graffiti from the brick walls at the Straffordville Community Centre. File: R4.2 3. OTHER BUSINESS No items 4. PUBLIC MEETING None 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE&REPORTS (a) Staff Report 96069 presenting By-law 96-70 to provide for the erection of stop signs at particular intersections. File: T7.2 Moved by J.Nezezon Seconded by W. Casier "THAT By-law 96-70, being a by-law to provide for the erection of stop signs at particular intersections be presented to Council for enactment." Disposition: Motion Carried Unanimously COUNCIL MINUTES 249 NOVEMBER 21, 1996 7. ROADS,AGRICULTURE &DRAINAGE (continued) 1. CORRESPONDENCE&REPORTS (continued) (b) Staff Report 96071 presenting a Petition for Drainage Works-Bartley Drain. File: DB.1.3 Moved by J.Nezezon Seconded by W. Casier "THAT Report 96071 from the Administrator Treasurer regarding the Bartley Drain-Branch "A" Petition be adopted; 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 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 8. PROPERTY,BUILDING&PROTECTIVE SERVICES 1. CORRESPONDENCE& REPORTS No Items 2. UNFINISHED BUSINESS (a) Chief Building Official Dwayne Daniel commented on the quotations received for the supply and installation of doors for the Community Centre. File: R4.2 Moved by J.Volkaert Seconded by W. Casier "THAT the Quote submitted by Thornton Lock Works for the supply and installation of doors for the Straffordville Community Centre at a quoted price of $3,000, not including taxes and costs for painting be accepted; AND THAT the doors be installed no later than January 20, 1997." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS No Items COUNCIL MINUTES 250 NOVEMBER 21, 1996 9. FINANCE,ADMINISTRATION&PERSONNEL I. CORRESPONDENCE& REPORTS (a) Staff Report 96068 providing a Tax Arrears Summary for the years 1992-1996. File: F23.4 Moved by W. Casier Seconded by J.Nezezon "THAT Staff Report 96068 regarding Tax Arrears be received and filed." Disposition: Motion Carried Unanimously (b) Rural Ontario Municipal Association 1997 Conference Registration. File: A4.1 &A1.5 Moved by W. Casier Seconded by J.Nezezon "THAT consideration of the Rural Ontario Municipal Association Conference in Toronto,February 9-12, 1997 registration be deferred until the December 5, 1996 meeting of Council." Disposition: Motion Carried Unanimously (c) Cheque Register for the period ending November 20, 1996 and Cash Requirements for the period ending November 30, 1996. File: F10.3 Moved by J.Nezezon Seconded by W. Casier "THAT the Cash Requirements Report for the period ending November 30, 1996 be approved; AND THAT the Cheque Register for the period ending November 20, 1996 be approved." Disposition: Motion Carried Unanimously (d) Staff Report 96072 regarding an application to manage and conduct a raffle lottery by the 1st Straffordville Group Committee Scouts Canada. File: P7.2.1 Moved by J.Nezezon Seconded by J.Volkaert "THAT Staff Report 96072 from the Administrator Treasurer regarding 1st Straffordville Group Committee Scouts Canada Lottery Licence request be approved; AND THAT the Council of the Township of Bayham authorizes the 1st Straffordville Group Committee Scouts Canada to conduct a Raffle Lottery to be held December 22, 1996 at Wiggan's Store 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 COUNCIL MINUTES 251 NOVEMBER 21, 1996 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) I. CORRESPONDENCE&REPORTS (continued) (e) Corporation of the Village of Blyth correspondence seeking support in their efforts to have education taxes removed from all property. File: C9.1 Moved by W. Casier Seconded by J.Volkaert "THAT the correspondence from the Village of Blythe seeking support in their efforts to have education taxes removed from all property be received and filed." Disposition: Motion Carried Unanimously (f) The Mayors of Metropolitan Toronto correspondence seeking support in opposing the amalgamation of Metropolitan Toronto municipalities into one "Mega-City". File: C.9 Moved by W. Casier Seconded by J.Nezezon "THAT the correspondence from the Mayors of Metropolitan Toronto seeking support in opposing the amalgamation of Metropolitan Toronto municipalities into one "Mega-City" be received and filed." Disposition: Motion Defeated Moved by J.Barclay Seconded by J.Volkaert "THAT a letter of support be forwarded to Peter North,MPP, and a copy to the Mayors of Metropolitan Toronto opposing the amalgamation of Metropolitan Toronto municipalities into one "Mega-City". Disposition: Motion Carried (g) Port Burwell Special Events Committee Notice of Santa Claus Parade- Saturday, December 7, 1996 at 6:30 p.m. Moved by J.Volkaert Seconded by J.Barclay "THAT the correspondence from the Port Burwell Special Events Committee regarding the 1996 Santa Claus Parade be received and filed." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items COUNCIL MINUTES 252 NOVEMBER 21, 1996 9. FINANCE,ADMINISTRATION &PERSONNEL (continued) 3. OTHER BUSINESS (a) 1996 Straffordville Santa Clause Parade Moved by J. Volkaert Seconded by J.Barclay "THAT a cash donation of$200.00 be made to Wiggans Grocery Store towards the 1996 Straffordville Santa Claus Parade." Disposition: Motion Carried Unanimously 10. ENVIRONMENT 1. CORRESPONDENCE& REPORTS (a) Cyril J.Demeyere Limited correspondence providing water quality analysis reports from Ian D. Wilson Associates Limited. File: E5.3.1 7 E5.3.2 Moved by J.Barclay Seconded by J.Volkaert "THAT in consideration of the comments of Cyril J.Demeyere,P. Eng., Cyril J.Demeyere Limited and Andy Valickis,P. Eng., Senior Project Engineer, OCWA, the Council of the Corporation of the Township of Bayham hereby directs that the Preliminary Phase 1 and 2 Class Environmental Assessment Report for the Water/Sewage Projects for the Hamlets of Straffordville and Eden which will be submitted to the "review agencies" and the "public" for comment, be prepared with the option of communal water supply being provided by the installation of a trunk watermain; AND THAT the Phase 1 and 2 Report for the Class Environmental Assessment be presented to Council for consideration at its December 19, 1996 meeting." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 11. COMMITTEE OF THE WHOLE Moved by J. Volkaert Seconded by J.Nezezon "THAT Council do now rise to enter into an "In Camera" Committee of the Whole Session." Disposition: Motion Carried Unanimously COUNCIL MINUTES 253 NOVEMBER 21, 1996 11. COMMITTEE OF THE WHOLE (continued) Moved by J.Nezezon Seconded by W. Casier "THAT the Committee of the Whole do now rise from the "In Camera Session; AND THAT the report from the Committee of the Whole be adopted." Disposition: Motion Carried Unanimously I. CORRESPONDENCE&REPORTS (a) Confidential Staff Report regarding a personnel matter. Disposition: Deferred until the next Regular Meeting-December 5, 1996. (b) Confidential Staff Report regarding a property matter. Moved by J. Volkaert Seconded by W. Casier "THAT the Reeve and Clerk be authorized to execute a Revised "Works Agreement" between the Township and Soreny Farms Limited and the Township and Christine Michele Szorenyi, as outlined in Confidential Staff Report 96073; AND THAT the Revised Agreement be forwarded to Groom and Szorenyi, Barristers & SoIicitors as the Township's final position; AND THAT no further amendments to the Works Agreement be considered." Disposition: Motion Carried Unanimously (c) Confidential correspondence from the County Administrator/Clerk regarding the Re-Engineering Study. Moved by W. Casier Seconded by J.Nezezon "THAT the Confidential Memorandum dated November 13, 1996 from Mark G. McDonald,County Administrator/Clerk regarding the Elgin County Re- Engineering Study be received and filed for information." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items COUNCIL MINUTES 254 NOVEMBER 21, 1996 MOTION TO EXTEND LENGTH OF MEETING TIME Moved by W. Casier Seconded by J.Nezezon "THAT notwithstanding Section 13 of Procedural By-law 95-33, Council shall deal with business until 11:00 p.m. at its meeting of November 21, 1996." Disposition: Motion Carried Unanimously MOTION TO RESCHEDULE COUNCIL MEETING DATES Moved by W. J. Volkaert Seconded by J.Barclay "THAT the Council meetings regularly scheduled in the month of January 1997 be rescheduled to Thursday January 9, 1997 at 9:00 a.m. and Thursday, January 23, 1997 at 7:00 p.m." Disposition: Motion Carried Unanimously 12. BY-LAWS 96-70 A By-law to provide for the erection of stop signs at particular intersections. 96-71 Confirming By-law Moved by J. Volkaert Seconded by W. Casier "THAT By-law 96-70 be read a first and second time." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Volkaert "THAT By-law 96-70 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J.Volkaert "THAT By-law 96-71 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by W. Casier "THAT By-law 96-71 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously COUNCIL MINUTES 255 NOVEMBER 21, 1996 13. ADJOURNMENT Moved by J. Volkaert Seconded by J. Barclay "THAT the Council meeting be adjourned at 10:55 p.m." Disposition: Motion Carried Unanimously REEVE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE, ONTARIO December 5, 1996 9:00 a.m. The regular meeting of Council of the Township of Bayham was held at 9:00 a.m. on Thursday, December 5, 1996 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 No member of Council disclosed a pecuniary interest and the general nature thereof. 3. MINUTES & BUSINESS ARISING OUT OF THE MINUTES (a) Moved by J.Nezezon Seconded by W. Casier "THAT the Minutes of the Regular Council Meeting held November 21, 1996 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS None 5. INFORMATION ITEMS Moved by W. Casier Seconded by J.Nezezon "THAT Information Items 5(a) -5(n) be received and filed." Disposition: Motion Carried Unanimously (a) Paragon Engineering Limited correspondence providing information about their firm and interest in providing engineering consulting services. (Received and Filed- Representatives to be invited to a future meeting of Council to make a presentation). File: A5.1 (b) Totten, Sims,Hubicki Associates correspondence providing information about their firm and interest in providing engineering consulting services. (Received and Filed) File: A5.1 (c) Philip Utilities correspondence providing information about their firm and interest in providing consulting services. (Received and Filed) File: A5.1 COUNCIL MINUTES 257 DECEMBER 5, 1996 5. INFORMATION ITEMS (continued) (d) OCWA correspondence regarding their provision of water services. (Received and Filed) Files: A5.1 and A16.18 (e) Ontario Medical Association correspondence providing a position paper regarding second hand smoke. (Received and Filed) File: SO (f) London's Hawk Investigations Inc. correspondence about their firm and interest in providing contracted services for security patrolling. (Received and Filed) File: P11.1 (g) Long Point Region Conservation Authority Minutes of the November 6, 1996 Authority Meeting. (Received and Filed) File: A16.6 (h) Elgin- St. Thomas Health Unit 1995 Annual Report. (Received and Filed) File: A16.5 (i) Ministry of Municipal Affairs and Housing correspondence providing their implementation strategy for the exemption provisions introduced in the Land Use Planning and Protection Act, 1996(Bill 20). (Received and Filed) File: A16.7 (j) Ministry of Municipal Affairs and Housing News Release Communique dated November 25, 1996 regarding the New Development Charges Act. (Received and Filed) File: A16.7 (k) A.M.O. Municipal Alert dated November 25, 1996 regarding amendments to the Development Charges Act, 1996. (Received and Filed) File: A1.2 (1) Ministry of Municipal Affairs and Housing News Release Communiqué dated November 29, 1996 regarding Prince Edward County Restructuring. (Received and Filed) File: A16.7 (m) Ministry of Municipal Affairs and Housing News Release Communique dated November 21, 1996 regarding the Tenant Protection Act. (Received and Filed) File: A16.7 (n) Township of Malahide planning notices. (Received and Filed) File: C.09 COUNCIL MINUTES 258 DECEMBER 5, 1996 6. PLANNING,DEVELOPMENT &RECREATION 1. CORRESPONDENCE&REPORTS (a) Application submitted by Gilles and Dennise Menard to sever a parcel from Part Lot 15, Concession 3, (Part Lot 2, RP 11R-2420). File: D9.2.85 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-114/96 by George Jean Gilles Menard for Part Lot 15,Concession 3,subject to the following conditions: a) That the applicant pay$500 cash in lieu of park dedication to the Township; b) That the severance be subject to final approval of proposed Rezoning by-law Z371-96; c) That the applicant be required to deposit a copy of any survey plan prepared to the Township of Bayham" Disposition: Motion Carried Unanimously (b) County of Elgin Notice of Application No.E 11796 by Bernhard Harms,David and John Loewen to sever a parcel from Part Lots 5 and 6,Plan 205, Straffordville. Moved by J.Nezezon Seconded by W. Casier "THAT the County of Elgin Land Division Committee be advised that the Township of Bayham recommends that the application as applied for by Bernhard Harms,David and John Loewen (E117196) to sever a parcel with an area of 7,341.2 sq. ft. from Part Lots 5 and 6,Plan 205 in the Hamlet of Straffordville which will create a total area of 15,261 sq. ft. when adjoined with the property to the west be refused and that a revised application be submitted with a maximum area not to exceed 14,962 sq. ft.which is the minimum lot area permitted in a Hamlet Residential Zone; AND THAT conditions for a revised application shall be as follows: a) That the severed portion be rezoned from Hamlet Commercial to Hamlet Residential in keeping with the existing residential lot to be adjoined; and b) That the applicant be required to deposit a copy of any survey plan prepared to the Township of Bayham." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items COUNCIL MINUTES 259 DECEMBER 5, 1996 6. PLANNING,DEVELOPMENT&RECREATION (continued) 4. PUBLIC MEETINGS 1. Call to Order Moved by J.Volkaert Seconded by J.Nezezon "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 2. Disclosure of pecuniary interest and the general nature thereof. No member of Council made a disclosure of pecuniary interest and the general nature thereof. 3. Applications (a) An application submitted by Charles and Frances Ward for an amendment to the Township Zoning By-law to change the zoning on a parcel of land comprising approximately 0.33 hectares (0.82 acres) situated in Part Lot 126, Concession 6 in the Hamlet of Straffordville from the Hamlet Residential(HR)Zone to a special Hamlet Residential (HR-18)Zone to permit the establishment of a service shop to accommodate a tool sharpening business. File: D13.1.57 (b) An application submitted by Peter and Anna Krabn for an amendment to the Township Zoning By-law to change the zoning on a parcel of land comprising approximately 20.24 hectares(50 acres)situated in Part Lot 20, Concession 8 in the Township of Bayham from the Agricultural(Al)Zone to a Special Agricultural (A1-67)Zone to permit the establishment of a woodworking shop. File: D13.1.58 (c) An application submitted by Gilles and Dennise Menard for an amendment to the Township Zoning By-law to change the zoning on a parcel of land comprising approximately 0.13 hectares(0.32 acre) situated in Part Lot 15, Concession 3 from Rural Residential(RR)Zone to a Special Rural Residential(RR-24)Zone to recognize a reduced lot frontage and area for one infill lot. File: D13.1.59 4. Staff Report The Clerk reviewed the applications with Council and advised that no objections had been received from residents,the Elgin/St. Thomas Health Unit or Long Point Region Conservation Authority. She noted that the rezoning by Mr. &Mrs.Menard was required in order to facilitate a severance application which was being considered by the Land Division Committee. 5. Presentation by Applicants The applicants did not make a presentation. 6. Public Comments No Member of the public appeared to comment on the applications. COUNCIL MINUTES 260 DECEMBER 5, 1996 6. PLANNING,DEVELOPMENT &RECREATION (continued) 4. PUBLIC MEETINGS(continued) 7. Council Questions and Comments (c) Council questioned why the zoning by-law includes the property to the north of Mr. and Mrs.Menard owned by Lynda Cain and Donna Northey. The Clerk explained that the Planning Consultant included this property because it also is an undersized Rural Residential Lot with a reduced lot frontage and as a housekeeping amendment would now be officially recognized as such. RESOLUTIONS (a) Moved by J. Barclay Seconded by J.Volkaert "THAT the Application submitted by Charles and Frances Ward to change the zoning on a parcel of land situated in Part Lot 126, Concession 6 as File Number 013.1.57 be approved." Disposition: Motion Carried Unanimously (b) Moved by 3. Volkaert Seconded by W. Casier "THAT the Application submitted by Peter and Anna Krahn to change the zoning on a parcel of land situated in Part Lot 20, Concession 8 as File Number D13.1.59 be approved; AND THAT the applicants be required to enter into a Development Agreement with the Township with regard to the following: a) The planting of a buffer strip of evergreens along the east property line to be completed by June 1, 1997; b) To restrict the woodworking use to only the proposed workshop to be situated at the north-east portion of the subject property." Disposition: Motion Carried Unanimously (In preparation of the subject development agreement,the Clerk was directed to confirm the maximum size of a tree which can be accommodated by tree planting machinery.) (c) Moved by W. Casier Seconded by J. Volkaert "THAT the Application submitted by Gilles and Dennise Menard to change the zoning on a parcel of land situated in Part Lot 15,Concession 3 as File Number D13.1.59 be approved." Disposition: Motion Carried Unanimously 8. Adjournment Moved by J. Volkaert Seconded by 5.Barclay "THAT the Public Meetings be Adjourned." Disposition: Motion Carried Unanimously COUNCIL MINUTES 261 DECEMBER 5, 1996 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE& REPORTS (a) Staff Report 96076 providing an update on Road Department Activities. File: T6. Moved by J.Barclay Seconded by W. Casier "THAT Information Staff Report 96076 regarding Road Department Activities be received and filed." Disposition: Motion Carried Unanimously (b) Relocation of Hydro Poles on Centre Street between Light Line and Smith Line. Moved by W. Casier Seconded by J.Volkaert "THAT the relocation of hydro poles on Centre Street between the Light Line and the Smith Line proceed in 1996 by Ontario Hydro at a cost of$7,442.00 plus G.S.T." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS No Items 8. PROPERTY,BUILDING&PROTECTIVE SERVICES 1. CORRESPONDENCE&REPORTS (a) List of Building Permits for the month of November 1996. File: P8.1 Moved by W. Casier Seconded by J.Nezezon "THAT the Building Permits for the month of November, 1996 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES 262 DECEMBER 5, 1996 8. PROPERTY,BUILDING & PROTECTIVE SERVICES (continued) 1. CORRESPONDENCE&REPORTS (continued) (b) Smylie & Crow Associates Inc. correspondence dated November 27, 1996 regarding Bayham Community Centre HVAC Systems. File: A20.2.3 Moved by W. Casier Seconded by J. Barclay "THAT the correspondence dated November 27, 1996 from Smylie & Crow Associates Inc. regarding the HVAC System in the Community Centre be accepted." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) Request for proposal for replacement of two interior doors at the Bayham Community Centre. Moved by J. Volkaert Seconded by J. Barclay "THAT Quotations be sought to be submitted by December 16, 1996 for door replacements at the Bayham Community Centre for the Janitor's Room door and the Lion's Den entrance door, total cost to include materials,labour and applicable taxes." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS No Items 9. FINANCE,ADMINISTRATION &PERSONNEL 1. CORRESPONDENCE& REPORTS (a) Break Open Ticket Program Management Alliance correspondence dated December 2, 1996 regarding Bill 75 introducing Video Lottery Terminals to race tracks, charity gaming halls and liquor licensed establishments throughout Ontario. File: P7.1 Moved by J.Volkaert Seconded by W. Casier "THAT the memorandum dated December 2, 1996 from "Break Open Ticket Program Management Alliance" seeking support in opposing the extension of Video Lottery Terminals beyond race tracks and charity casinos be received and filed." Disposition: Motion Defeated Unanimously COUNCIL MINUTES 263 DECEMBER 5, 1996 9. FINANCE, ADNIINISTRATION &PERSONNEL (continued) 1. CORRESPONDENCE& REPORTS (continued) (a) (continued) Moved by W. Casier Seconded by J. Barclay "WHEREAS Bill 75, the Alcohol,Gaming and Charity Funding Public Interest Act, 1996 provides for the introduction of Video Lottery Terminals (VLT's) in establishments licensed to serve alcohol; AND WHEREAS the Township of Bayham is concerned about the social and economic costs of widespread introduction of VLT's into our communities; AND WHEREAS the Township of Bayham is concerned about the lack of reference to local Government consultation with respect to the placement of VLT's; AND WHEREAS introduction of VLT's will have a major negative impact on charitable gaming revenue for charities which allows them to carry out their work within the municipality; AND WHEREAS the legislation does not guarantee that the revenue losses suffered by charities in our communities will be made up by revenue from VLT's; AND WHEREAS the legislation does not guarantee that the municipality will be compensated for the related losses in revenue from lottery licensing; AND WHEREAS the local municipality will be required to support additional policing and social service costs resulting from the widespread introduction of VLT's; BE IT RESOLVED THAT the Council of the Corporation of the Township of Bayham is opposed to the extension of Video Lottery Terminals beyond race tracks and charity casinos and is proud to become part of the movement that says "NO to Video Lottery Terminals in our Community." Disposition: Motion Carried Unanimously (b) Cheque Register for the period ending November 30, 1996 and Cash Requirements for the period ending December 20, 1996. File: F10.3 Moved by J.Volkaert Seconded by W. Casier "THAT the Cash Requirements Report for the period ending December 20, 1996 be approved for payment; AND THAT the Cheque Register for the period ending November 30, 1996 be approved." Disposition: Motion Carried Unanimously COUNCIL MINUTES 264 DECEMBER 5, 1996 9. FINANCE,ADMINISTRATION &PERSONNEL (continued) 2. UNFINISHED BUSINESS (a) ROMA Conference Registration-February 9-12, 1997. File: A1.5 and A4.1 Moved by W. Casier Seconded by J. Barclay "THAT the following representatives of the Township of Bayham be authorized to attend the 1997 ROMA (Rural Ontario Municipal Association) Conference in Toronto, February 9-12, 1997: Deputy Reeve Joe Volkaert Councillor Jack Barclay Councillor Wayne Casier Administrator Lynn S. Buchner Clerk Maureen Beatty" 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 11. COMMITTEE OF THE WHOLE Moved by J. Volkaert Seconded by W. Casier "THAT Council do now rise to enter into an "In Camera" Committee of the Whole Session." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Volkaert "THAT the Committee of the Whole do now rise from the "In Camera Session without reporting." Disposition: Motion Carried Unanimously COUNCIL MINUTES 265 DECEMBER 5, 1996 11. COMMITTEE OF THE WHOLE (continued) At this time, Council recessed for lunch. 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." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by W. Casier "THAT the Committee of the Whole do now rise from the "In Camera" Session; AND THAT the report from the Committee of the Whole be adopted." Disposition: Motion Carried Unanimously Moved by J.Volkaert Seconded by J.Barclay "THAT the Personnel Policy and Salary Schedule for 1997 as amended, be presented to Council for consideration at the December 19th, 1996 meeting." Disposition: Motion Carried Unanimously 12. BY-LAWS Z371-96 A By-law to Rezone Part Lot 15, Concession 3 from Rural Residential (RR)to Rural Residential(RR-24)Zone. - Gilles and Demise Menard. Z372-96 A By-law to Rezone Part Lot 20, Concession 8 from Agricultural (Al) to Agricultural(A1-67)Zone. - Peter and Anna Krahn. Z373-96 A By-law to Rezone Part Lot 126, Concession 6 from Hamlet Residential (HR)to Hamlet Residential(HR-18)Zone. -Charles and Frances Ward. 96-72 Confirming By-law. Moved by J. Volkaert Seconded by J. Nezezon "THAT By-laws Z371-96, Z372-96 and Z373-96 be read a first and second time." Disposition: Motion Carried Unanimously COUNCIL MINUTES 266 DECEMBER 5, 1996 12. BY-LAWS (continued) Moved by J.Nezezon Seconded by J.Volkaert "THAT By-laws Z371-96,Z372-96 and Z373-96 be read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by J.Nezezon "THAT By-law 96-72 be taken as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Nezezon Seconded by J. Volkaert "THAT By-law 96-72 be taken as read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT Moved by J. Volkaert Seconded by J.Nezezon "THAT the Council meeting be adjourned at 3:30 p.m." Disposition: Motion Carried Unanimously • 0 (.917-49-etdAri 441,414.4.44,,1 P VE CLERK COUNCIL MEETING MINUTES THE CORPORATION OF THE TOWNSHIP OF BAYHAM P.O. BOX 160 STRAFFORDVILLE,ONTARIO December 19, 1996 7:00 p.m. The regular meeting of Council of the Township of Bayham was held at 7:00 p.m. on Thursday, December 19, 1996 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 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) Moved by J. Barclay Seconded by W. Cagier "THAT the Minutes of the Regular Council Meeting held December 5, 1996 be adopted." Disposition: Motion Carried Unanimously 4. DELEGATIONS (a) 7:10 p.m. - Gary and Marilyn Wiggans were in attendance to receive a plaque presented by Reeve Vane Chute on behalf of Council in appreciation for their continued contributions to the community and to the Straffordville Santa Claus Parade. (b) 7:15 p.m. -Representatives of the Straffordville Lions and Lioness Clubs were in attendance to present Council with a cheque in the amount of$3,084.50 to assist with the cost of the heating and air conditions units installed at the Bayham Community Centre in 1995. In attendance were Marilyn Wiggans, Jackie deClerq, Roger deClerq and Jim Grass. (c) 8:00 p.m. -Mr. Cyril J. Demeyere,P.Eng. appeared and presented Council with the Phases 1 and 2 Report for the Class Environmental Assessment for the Water/Sewage Projects for the Hamlets of Straffordville and Eden. Mr. Demeyere provided a summary of each of the identified options and the preferred option which were addressed based on evaluation of socio-economic and environmental impacts and rationale. He indicated that he would forward the reports to the Review Agencies with a request to receive comments due January 30,1 997. Following, a Public Information Centre would be held at the Bayham Community Centre to be held February 6, 1997 at 7:30 p.m. -See Item 10.1 (a). COUNCIL MINUTES 266 DECEMBER 19, 1996 5. INFORMATION ITEMS Moved by W. Casier Seconded by J. Barclay "THAT Information Items 5(a) - 5(g) be received and filed." Disposition: Motion Carried Unanimously (a) Municipal World Inc.paper by Michael J. Smither "Restructuring: The Silence of Elgin." (Received and Filed) File: A16.4 (b) "The New Municipality- Strategies for Rebuilding Our Communities"publication. (Received and Filed) File: M6.1 (c) Ministry of Municipal Affairs and Housing News Release dated November 28, 1996. (Received and Filed) File: A16.7 (d) "Who Does What"Panel News Release dated December 6, 1996. (Received and Filed) File: A16.7 (e) Association of Municipalities of Ontario Municipal Alert regarding "Who Does What Recommendations Timetable. (Received and Filed) File: A1.2 &A16 (f) Better Roads Coalition News Release dated November 21, 1996 and Position Paper on Roads and Unconditional Grants to municipalities. (Received and Filed) File: T9.1 &A16. (g) Harbour Lights Community News Publications-November 2, 1996 to November 30, 1996. (Received and Filed) File: M6.2 6. PLANNING,DEVELOPMENT &RECREATION 1. CORRESPONDENCE& REPORTS No Items 2. UNFINISHED BUSINESS No Items COUNCIL MINUTES 267 DECEMBER 19, 1996 6. PLANNING,DEVELOPMENT &RECREATION (continued) 3. OTHER BUSINESS (a) The Clerk reported that a letter dated December 4, 1996 had been received from the Ministry of Municipal Affairs regarding the Township's proposed Official Plan Amendment No. 99 dealing with an application by Mr. Murray Emerson to permit the establishment of four residential lots on a parcel of land situated in Part Lot 13, Concession 3. She indicated that the letter recommended the Township reconsider its position and repeal the adopting by-law as the Ministry is prepared to recommend refusal of the amendment under Section 17 (9) of the Planning Act. Council did not wish to take this action and therefore enacted the following resolution to reaffirm its position: Moved by J. Barclay Seconded by W. Casier "THAT the correspondence dated December 4, 1996. from the Ministry of Municipal Affairs and Housing recommending that the Township reconsider its position and repeal Official Plan Amendment No. 99 adoption by-law concerning an application by Murray Emerson and their intention to refuse the amendment be received; AND THAT the Ministry be advised in writing that the Council of the Corporation of the Township of Bayham hereby reaffirms its support of Amendment No. 99 to the Official Plan; AND THAT the applicant be advised that following Ministry refusal of the amendment he has the option to request that the application be referred to the Ontario Municipal Board." Disposition: Motion Carried Unanimously (b) The Clerk advised that an Ontario Municipal Board Hearing is scheduled to be held in the Township Council Chambers on January 15, 1997 at 10:00 a.m. regarding a Committee of Adjustment Variance Decision about an application by Ross Carson Farms Limited. The Deputy Reeve who serves as Committee of Adjustment Chairman asked if he could make a statement at the Hearing. The Clerk agreed to enquire about the process which would permit this action. (c) The Clerk advised that the Land Division Committee at its hearing held on December 18, 1996 considered and deferred an application by Gilles and Dennise Menard regarding Part Lot 15, Concession 3 on the basis of a recommendation by the Elgin/St. Thomas Health Unit. Apparently, although a residential dwelling was recently constructed on the lot with the approval of the Health Unit,they are now requesting an additional 30 m depth in the lot in order to permit the severance. The Clerk agreed to investigate the matter further and report back. 4. PUBLIC MEETINGS None 7. ROADS,AGRICULTURE &DRAINAGE 1. CORRESPONDENCE& REPORTS No Items COUNCIL MINUTES 268 DECEMBER 19, 1996 7. ROADS, AGRICULTURE &DRAINAGE (continued) 2. UNFINISHED BUSINESS (a) The Administrator Treasurer announced that the new sander has been installed on the Road Department vehicle to the satisfaction of staff. (b) The Administrator Treasurer announced that all 911 Emergency Road Sign posts have been installed outside the Hamlet areas. Further, Hamlet intersection signs will be erected in the Spring. 3. OTHER BUSINESS No Items 8. PROPERTY, BUILDING&PROTECTIVE SERVICES 1. CORRESPONDENCE& REPORTS (a) Quotation received from Jim Thompson for fencing the perimeter of the Stanton Cemetery. File: S4.1 Moved by W. Casier Seconded by J. Barclay "THAT the quotation dated February 28, 1996 from Jim Thompson Landscaping/Spraying for the supply and installation of fencing for the Stanton Cemetery at a total cost of$1,669.20 be approved; AND THAT the fence be constructed on the property line and placed directly up to the existing trees on site; AND THAT Jim Thompson Landscaping/Spraying be advised to proceed with the work." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) The Administrator Treasurer advised that quotations had been received for the replacement of interior doors at Bayham Community Centre from Vienna Home Centre at a total cost of $2,196.50 and from Thornton Lockworks at a total cost of$1,797.67. Moved by J. Barclay Seconded by J. Volkaert "THAT the quotation from Thornton Lockworks for the supply and installation of interior doors at Bayham Community Centre at a total cost of$1,797.67 be approved; AND THAT Thornton Lockworks be advised to proceed with the work." Disposition: Motion Carried Unanimously COUNCIL MINUTES 269 DECEMBER 19, 1996 8. PROPERTY,BUILDING&PROTECTIVE SERVICES (continued) 3. OTHER BUSINESS No Items 9. FINANCE,ADMINISTRATION&PERSONNEL 1. CORRESPONDENCE&REPORTS (a) Servant Retreat and Training Centre Inc. correspondence seeking a cash donation. File: F27.2 Moved by J.Barclay Seconded by J.Nezezon "THAT the correspondence dated December 2, 1996 from the SERVANT Retreat and Training Centre Inc. seeking a cash donation be received and fled." Disposition: Motion Carried Unanimously (b) Cheque Registers for the periods ending December 9 and 13, 1996 and Cash Requirements for the period ending December 31, 1996. File: F10.3 Moved by J.Volkaert Seconded by J.Barclay "THAT the Cash Requirements Report for the period ending December 31, 1996 be approved for payment; AND THAT the Cheque Registers for the periods ending December 9 and 13, 1996 be approved." Disposition: Motion Carried Unanimously (c) Staff Report 96075 dated December 16, 1996 regarding 1995 and 1996 Tax Write Offs File: F22.2 Moved by J.Volkaert Seconded by J.Nezezon "THAT the Council Meeting be adjourned for the purpose of holding a public hearing pursuant to Section 442 (5) of the Municipal Act to receive comments from property owners seeking a write-off of taxes." Disposition: Motion Carried Unanimously COUNCIL MINUTES 270 DECEMBER 19, 1996 9. FINANCE,ADMINISTRATION&PERSONNEL (continued) 7:30 p.m. - PUBLIC HEARING PURSUANT TO SECTION 442 (5) OF THE MUNICIPAL ACT,R.S.O.1990 1. Call to Order-The Reeve called the Public Hearing to Order. 2. Disclosure of Pecuniary Interest and the General Nature Thereof No Member of Council made a disclosure of pecuniary interest. 3. Staff Overview-The Administrator Treasurer read aloud her report concerning 1995 and 1996 Write-Off of Taxes. 4. Public Comments -No Member of the Public commented on the report. 5. Council Questions and Comments-There were no questions or comments made by Council Members. 6. Adjournment Moved by J.Volkaert Seconded by W. Casier "THAT the Public hearing be Adjourned." Disposition: Motion Carried Unanimously FORMULATION OF MOTION Moved by J.Nezezon Seconded by J. Volkaert "THAT Staff Report 96075 from the Administrator Treasurer regarding 1995 and 1996 Tax Write offs be adopted; AND THAT taxes in the amount of$5,519.55 be cancelled,refunded or reduced pursuant to Section 442 of the Municipal Act." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS (a) The Administrator Treasurer introduced an item which had been previously discussed by Council with regard to an application by Dr. C.L.Leatherdale to the Ministry of Health to have Port Burwell and area designated as an"Underserviced Area". She stated that there had been some confusion as to whether it was a joint application with Bayham. Further, she advised that the Town of Tillsonburg has advised that they have sufficient support without the Township of Bayham. Further discussion was held with Dr. Leatherdale and David Salter from the Ministry of Health and it was determined that the Township of Bayham should request the application be considered jointly in order to enhance the Township's position to recruit new physicians to the area and to Straffordville. She read aloud a letter which will be forwarded to the Ministry of Health with Council's approval. COUNCIL MINUTES 271 DECEMBER 19, 1996 9. FINANCE, ADMINISTRATION&PERSONNEL (continued) 2. UNFINISHED BUSINESS (continued) Moved by J. Volkaert Seconded by W. Casier "WHEREAS Dr. C. L. Leatherdale has applied to the Ministry of Health to have Port Burwell and area designated as an "Underserviced Area"; AND WHEREAS the Village of Port Burwell and the Township of Bayham have each passed resolutions supporting Dr.Leatherdale's request; AND WHEREAS it has been determined that underserviced area designation may be considered for the community, meaning the Township, or adjacent municipalities and townships may join together to make a request if they specify they will not be making individual applications; AND WHEREAS it is Council's understanding that this support would favourably benefit Dr. Leatherdale's practice in Port Burwell and would assist the Township of Bayham in recruiting efforts to enhance medical services for Bayham and area residents; NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Township of Bayham requests the Ministry of Health to consider the application by Dr. Leatherdale as a "joint application" to have the communities designated as underserviced areas; AND THAT the Township of Bayham in its attempts to recruit a general practitioner,would not be applying for an individual designation; AND THAT a Committee be established to include the expertise of Dr. C. L. Leatherdale to formulate and implement a plan to recruit a general practitioner to the Hamlet of Straffordville." Disposition: Motion Carried Unanimously 3. OTHER BUSINESS (a) The Administrator Treasurer read aloud a letter received from a concerned ratepayer requesting the Township to consider the establishment of a committee to study communities of interest for restructuring and service delivery. Moved by J.Nezezon Seconded by J. Volkaert "THAT the correspondence from a Bayham Township ratepayer requesting the Township of Bayham to consider the establishment of a committee to study communities of interest for restructuring and service delivery be deferred pending completion of the County of Elgin Re-engineering Study." Disposition: Motion Carried Unanimously COUNCIL MINUTES 272 DECEMBER 19, 1996 10. ENVIRONMENT 1. CORRESPONDENCE& REPORTS (a) Draft Hamlets of Straffordville and Eden Sewage and Water Projects Class Environmental Assessment Phase 1 and 2 Reports prepared by Cyril J.Demeyere Limited, Consulting Engineers. File: E5.3.1 Moved by J. Volkaert Seconded by J.Nezezon "THAT the Draft Sewage/Water Projects Class Environmental Assessment Phases 1 and 2 Reports for the Hamlets of Straffordville and Eden be approved; AND THAT the approved Phases 1 and 2 Reports be forwarded to the Review Agencies listed within for comments to be received by January 30, 1997; AND THAT a Public Information Centre will be held at 7:30 p.m. on Thursday, February 6, 1997 at the Bayham Community Centre to allow public involvement in the selection of the preferred alternative." Disposition: Motion Carried Unanimously 2. UNFINISHED BUSINESS No Items 3. OTHER BUSINESS (a) The Administrator Treasurer advised of a news announcement which stated that BFI have been awarded a five year contract to dispose of Toronto garbage in 1998 to a site near Detroit. The contract includes up to forty loads per day still to be approved by the Province. She noted that Bob Webb of WMI stated the contract only covered 250,000 tons over a period of three years which is only a fraction of the waste disposal site which was proposed in Bayham Township. She added that WMI is still pursuing a site for the disposal of Toronto waste. 11. COMMITTEE OF THE WHOLE Moved by W. Casier Seconded by J.Nezezon "THAT Council do now rise to enter into an "In Camera" Committee of the Whole Session to discuss a property matter" Disposition: Motion Carried Unanimously 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 COUNCIL MINUTES 273 DECEMBER 19, 1996 12. BY-LAWS 96-73 A By-law to amend By-law 94-62,being a by-law to adopt a Personnel Policy. 96-74 Confirming By-law Moved by J. Volkaert Seconded by J. Nezezon "THAT By-law 96-73 be read a first and second time." Disposition: Motion Carried Unanimously Moved by J.Volkaert Seconded by W. Casier "THAT By-law 96-73 be read a third time and finally passed." Disposition: Motion Carried Unanimously Moved by W. Casier Seconded by J. Volkaert "THAT By-law 96-74 be as read a first and second time." Disposition: Motion Carried Unanimously Moved by J. Volkaert Seconded by W. Casier "THAT By-law 96-74 be read a third time and finally passed." Disposition: Motion Carried Unanimously 13. ADJOURNMENT Moved by W. Casier Seconded by J.Volkaert "THAT the Council meeting be adjourned at 9:55 p.m." Disposition: Motion Carried Unanimously .a:r( -s,jam: 'J3 VE (Deputy) CLERK